The history of the indulgence shewing its rise, conveyance, progress, and acceptance : together with a demonstration of the unlawfulness thereof and an answere to contrary objections : as also, a vindication of such as scruple to hear the indulged / by a Presbyterian. Brown, John, 1610?-1679. 1678 Approx. 549 KB of XML-encoded text transcribed from 81 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A29750 Wing B5029 ESTC R12562 13578258 ocm 13578258 100484 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29750) Transcribed from: (Early English Books Online ; image set 100484) Images scanned from microfilm: (Early English books, 1641-1700 ; 837:12) The history of the indulgence shewing its rise, conveyance, progress, and acceptance : together with a demonstration of the unlawfulness thereof and an answere to contrary objections : as also, a vindication of such as scruple to hear the indulged / by a Presbyterian. Brown, John, 1610?-1679. [14], 162, [2] p. s.n.], [Edinburgh? : 1678. Written by John Brown. Cf. NUC pre-1956. Probable place of publication from Wing. Includes index in manuscript. Advertisement on p. [1-2] at end. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Scotland -- History -- 1660-1688. 2004-01 TCP Assigned for keying and markup 2004-03 SPi Global Keyed and coded from ProQuest page images 2004-04 Emma (Leeson) Huber Sampled and proofread 2004-04 Emma (Leeson) Huber Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion THE HISTORY OF THE INDULGENCE Shewing its Rise , Conveyance , Progress and Acceptance : Together with a Demonstration of the Unlawfulness thereof , And an Answere to contrary Objections : As also a Vindication of such , as scruple to hear the Indulged . By a PRESBYTERIAN . Printed in the Year MDCLXXVIII . TO THE CHRISTIAN READERS , Particularly , the suffering Ministers and Professors in the CHURCH of SCOTLAND . Reverend , much honoured , and dearly beloved ; I hope , I need not tell you , ( whom I look upon and addresse my self unto , as taught of God , not onely in the main ; but in many things that relate to our present calamitous case and condition ) that the knowledge of the times , and what the Israel of God ought to do , should be your Ornament & Cognizance , distinguishing you from others , who are brutish in their knowledge : Neither need I tell you , how impossible it is to know , what the present day and hour makes indispensible dutie , without a just reflexion on what is past ; for the emergents of the present day can never be improved , to the advantage of preventing the morrow's miserie , without this ; whereas hereby the present day may be made the better for yesterdayes errour . Now , that you and I may be helped to a profitable reflexion upon what is past , and improve it to its just advantage , the Lord hath been pleased , in this common and unconcerned sopor of many , to put it upon the heart of a Servant of his , to whom he hath given dexteritie , of hand for the undertakeing , to give you and me the following History , and Account of one particular emergent , in the sad History of our time , which hath been followed with the most dismal and dire effects of any thing that hath befallen our poor Church , & the precious remnant therein , since the Holy Lord was pleased to give us up into the hand of such , as have with violence and rage overturned that blessed and beautiful fabrick , reared up and erected amongst us by Him , who dwelt in it , and made our soules glade in his house , while we walked with Him , and He dwelt among us . If this History and account be carped at , and cryed out against by some ; that must be borne with ; for our distempers ( Alas ) and distractions are arisen to that heat and height , as he who rebuk●th in the gate is hated , and he who speaketh uprightly is abhorred . And yet a faithful and wise Servant , seeing how his Lord is wronged , and for what the Land is made to mourne , and the Church in hazard to be utterly ruined , may not lay his hand upon his mouth , and , to prevent the opening of the mouths of others against him , give up himself to a stupid silence . But whatever some may judge or say of what is here said , and set before us , wisdom will be justified of her Children : and I am sure , the account given will be refreshful and acceptable to many , who love the truth , and lament these our recessions and declineings from our first love & wayes . Oh if I might mix myself amongst the mourners , and those whose souls are melted & poured-out in them , in this heart-rending reflexion ! I shall at present forbeare to go so far backward , as to set before your eye , ( which may make you and me goe mourning to our grave , and ought to be remembered by us for that very end ) what was our carriage , or rather , what were our miscarriages , in the day , when the Enemy , with displayed banner and open-faced violence , did raze and overturn all . Oh , if He would raise up some to represent us now unto ourselves , according to what we really were in that day ; that so we for our part might goe mourning to the grave , and the succeeding generations might thereby take warning , and beware to tread our path , or trace our steps , lest , as we have done , they should stumble , fall and be broken . Leaving therefore this sad subject , I come to make a blunt and abrupt inquirie how did we behave ? What was our Posture and Practice after we had so stupidly stood by , till we saw the whole work overturned , without offering to interpose effectually to prevent its ruine , or fall with it ? And now , when we ourselves were thrust from the publick Exercise of our Ministrie , are we found lamenting after the Lord ? Are we found lying in the dust , loathing ourselves in the remembrance of the sad and soul-afflicting ruine , which fell under our hand ? Is there now a corresponding how to excite one another unto the first Love , and to the first works of the Church of Scotland ? doth the sorrow of every mans soul look-out at his eye , while he beholds the desolation of the Sanctuary , the Mountain of Zion laid waste , and the Foxes walking upon it , and considers how he hath not onely outlived the departing of the glory , but must , if he see , and lay to heart what hath been in his hand , carrie his own tormenter about with him , as having by his conniveing , or a cowardise , unworthy of the Spirit of Ambassadours for Christ , contributed to the advancement of the enemies desperat designe ? Do we now meet , and set dayes apart alone and together , on this very designe , to mourn , to pour out our hearts before Him , to weep upon Him , importuning Him , and praying with all manner of prayer and supplication for Light , for Life , for Zeal , for Courage ; that as being strengthened with all might , according to his glorious Power , we might be in case to stand and withstand , in so evil a day , and having done all to stand ? Did we , as knowing from what had past , and as not ignorant of his devices , plead with our Lord , that we might not be left , nor led into temptation ; but that we might be upheld in our integritie , and helped upon all hazards to witnesse our soul abhorrence at the wayes of these turners aside , and overturners of the work of God ? Did we , as faithful Ambassadours of Christ , fixedly loyal to our exalted Prince ; or as true Lovers of the soul-interest of those , who by their way had witnessed there was no feare of God before their eyes , yea that they had forgotten , or delete the apprehension of that Eternal God , who is above them ; and so in the madnesse of their apostasie , without all inquirie or care , whether that way did lead them , or where it would Land them , run as enràged upon the bosses of the buckler of God Almightie ? Did we , I say , deal plainly with the men of these abominations , these prodigious wickednesses , these hateful and heaven-dareing practices ? Did we beseech , obtest , exhort , yea and with an Ambassadour-becoming boldnesse charge them , in the name of the liveing God , to returne , as they would not be turned into hell , for these their treacherous turnings away from Him , and transcendently wicked turnings against Him ? Nay alas ! Whatever were the secrete mournings , the sorrowings , the grievings of some , which , I hope , are on recorde in Heaven ; yet , the first thing that is heard of in others , after an interval of shameful and sinful silence , is a fearlesse making and medling with the stated enemies of the work of God , even while breathing-out a keennesse of crueltie against the more zealous faithful Ministers and Professors , and this fearlessé medling ( ere mourning over former unfaithfulnesses and miscarriages had gone before ; ere Brethren , equallie concerned in the case , and on whom the care of the Church did equallie lye , yea and of some of them I may say , were no lesse eaten up with the zeal of His house , than the Consulters , were consulted ) produced this that fatal Indulgence ; and to use the Vindicators phrase [ which he in useing , upon the occasion and account he makes use of it , to detestation abused ] hinc illae lachrymae . Alas ? What else but a further defection could be exspected , as the issue and result of these medlings , betwixt , ( on the one part ) not onely the Chiefe Instruments of all these incumbent Calamities ; but men set upon this mischiefe , how to destroy by dividing , and ruine by their Methodes , beyond hope of an escape or recovery , the poor remnant ; and root-out the remembrance of that People , and Partie , whom in their thoughts , desires and designes , they had devoted to destruction . And ( on the other part ) what ever the men had formerly been , or still were ; yet I must say it ( and let none mistake me so far , as if I intended hereby to reproach or reflect ; far be it from my soul ; for while I am constrained to mention it , I desire to let my ink drop out of my Pen here , with a wrung and wounded heart ; and to writ as knowing what I now say must meet me at the Tribunal ; nay , I would forbeare to say it , if I did not beleeve it should meet me there , if I smothered what I am now about to say , in a truth-prejudgeing silence ) men in as ill case to have made or medled in the concerns of Christ and his Church , with the men , with whom they had then to doe , in their circumstances , as ever any Godly men in our Church were . I desire not to be put to the unpleasant necessitie of dilating this further ; Nor , if necessitie be laid upon me ( since it is the pure interest of truth , I desire to aime at , without respect of Persons ) shall I decline it , though for that I should be yet more vile . Now , as foregoing untendernesse & declineing had paved the way , & prepared us , for this new step of further defection ; so this wretched Indulgence hath had the most deplorable & dismal effects ; & if the Lord do not graciously deliver his Servants & Church from what it tends to & threatens , it is like to be & prove more fatall to the Poor languishing Remnant , than any step of defection , to which ever any Godly men were left , in the Church of Scotland . The Historie of its effects & of the bitter fruits it hath produced ( which will make it the just hatred of Posteritie ; as well as it is the griefe , sorrow and lamentation of many a serious soul in the Generation ) is not at present my businesse ; All I have to hint at this time , in reference to it , shall be shortly this . That however I doe not offer to make an addition of Arguments ( for that were superfluous , Considering what the Author of the following Discourse hath so nervously adduced ) yet let me addresse my self without offence ; not as an acute disputant , but as a poor blunt , plain , open-hearted well wisher , to the Work and Interest of Christ , to my Indulged Brethren ( not a few of whom are dear to my soul ; and , I hope , though they should both despise me and despitefully use me , shall be so ) in a few plain Questions . Now then the Indulgence is embraced , and thanks to the givers are rendered by the takers . I Ask therefore First , If they could , after this their acceptance and giving of thanks to the Council , have withdrawen from that appearance , and sisted themselves before Christ Jesus , the King of his Church , and with a sweet serenitie of soul have had confidence to offer their thanks to Him , for being helped to witnesse a good Confession against the wickednesse of this Invasion , made by the Overturnes of his work , upon his Royal Prerogative , who built the house , and must beare the Glory ; for it was either then or never , that it was to have been done . Secondly , Let me aske ; are they so very cleare and confident in the case , as they can , not onely in dealing with men , hold up their face , and affirme , without hinck or hesitation , that this is their rejoyceing , even the testimonie of their Conscience ; that in simplicitie and Godly sinceritie , not with fleshly wisdom , but by the Grace of God , they have had their Conversation before all men , and more aboundantly towards these backslideing Rulers , before whom they appeared , now declared enemies to the Work of God , and invaders of His Throne and Prerogative : But are they also content to be carried before the Tribunal of Christ , with this acceptance from those , who have exautorat their Lord and Master , in their hand ; and to have the qualitie of their Love to the comeing of His Kingdom , and their Loyaltie to Christ Jesus , now opposed and put from the exercise of his Royal Government by the Partie Indulgeing , in this very Indulgence , tried by such a Test ? It were fit , sure , to think on this , and lay it to heart ; for each receiver may lay his count with it , that soon or syne he shall be put to it . Thirdly , Let me aske ( though I put it out of doubt , they doe , and far be it from me to think otherwise ) whether they believe , that Christ , who purchased His Church , and bought His Crown with His precious blood , lives also to make intercession , and to plead his own purchase , and Procure , by vertue of the Price He hath payed , the execution of the written vengeance upon all , who will strive with Him for State and Supremacy in ordering the affairs of his house , the Church of the living God ; or who will , in their desperat daring and rage , revolt and exautorat Him by their Law ( which is a legal and explicit bursting of his bonds , casting away his cords from them , and , in contempt of , and Contradiction to the Christ of God , a formal taking of His house in Possession ) as our Rulers have done ; to the out-doing , in this affront to Jesus Christ , all that ever went before them ; or as if they were resolved never to be out-done by any , who should come after them , in a copeing with the Mediator , and a down-right denial of Him to be King ( for now they have put Caesar in his Place ) sure , the Indulged Brethren neither can nor will deny this : Then they must give me leave to assert and subsume ( what hath been , as oft upon my soul , as I thought upon their carriage at that appearance ( yea , if they speake consequently to the supposed concession , they must agree with me in it ; That with the same objective assurance , I beleeve the Right that Christ hath bought , to be sole and supreme , in regulating all the affairs of His own house , to have none to share with Him in the Autocratorick , Architectonick and Magisterial Power of makeing Lawes , to obliege the Conscience of his Subjects , nor to be in case to give a Ministerial Power besides himself ; And as I beleeve the firmnesse of the stipulation betwixt Jehovah and his Anointed , to secure unto him his throne ; and take vengeance on all his Adversaries , and as I beleeve he lives to make intercession ; so I must beleeve also that , at that very instant , when the Indulged stood before the Council , and by their mouth made such a harangue ; The Mediator , who is set down , at the right hand of God , was interceeding and pleading by his blood , by his wounds and Passion , for the execution of the purchased and promised vengeance upon such , who by the complex of this very deed , in a defiance to the everlasting Decree , whereby his throne is Established , declared , they had taken unto themselves His house in Possession . Ah ; my deare Brethren , can the thoughts of such a discord & discrepancy betwixt His intercession in heaven , and your harangueing on earth , enter into your soul ( and I give you the defiance to enter into the serious thoughts of the matter , and hold them out ) or be reflected upon , without Terrour , Trembling , Confusion of face , Shame and Astonishment . Now my reverend and very deare Brethren , may I not , upon this ●ccasion , make bold to fall before you as prostrat , and with the teare in mine eye , ( for I have confidence to say it , I scarce see my Paper , while by my Pen I make this addresse unto you , ) humbly and earnestly beg of you , request , beseech and obtest you , for your blessed and glorious Master's sake , who is now Crucified againe amongst us , from whose head the crown is taken ; for His Churches sake , whereof he hath made you Ministers , and so magnified you amongst men , in sending you into the world , under the Character of his Ambassadours ; for your poor broken hearted and bleeding Brethrens sake , as ever you would be amongst the restorers of our breaches ; as ever you would againe be as some of you were in times past , as the chariots and horsemen of Israel ; as ever you would wish to be brought againe to keep His Courts , and to judge His house ; and , when that work is over , to have a Place amongst them that stand by ; as you would not be the occasion of the rupture and utter ruine of the small remnant ( for God and all good and understanding-men will refound this distracting and remnant-destroying Division , that is amongst us , upon this Indulgence ) ; as you tender the good of the Posteritie , and would give an unquestionable evidence , how intensely you desire , that Jesus Christ may reign and rule without a competitor , when you are gone ; As you Love to live at peace with God , and enjoy , as feeding Pastors and faithful Witnesses to your Lord , a sweet serenitie of soul ? Nay as ever you exspect to goe off the stage in good termes with God , and have your Masters welcome of well done , good and faithful servants , and be enrolled , when you are gone , amongst the Confessors of his name , and holders fast of the word of his Testimonie , and such as had obtained mercy to be valiant for the truth : Let me , I say , upon all these , and many other accounts , make bold to beseech you , without more debate , without more delay , to deliver yourselves ; to deliver the Church ; to deliver your wounded , weeping and overwhelmed Brethren ; and to deliver the Posteritie from the snare of that cause-destroying , Church ruining , remnant-divideing Indulgence . Do not say , I would wheedle and fool you into an irrational implicitnesse or bogle you into a relinquishing of what you have embraced , with a parcel of words , wherein is nothing to convince you of the evil of what you have done , Read but the following History ; and if , as in His sight , without prejudice or mind-occaecating Passion you Peruse it , I am not without hope ; but you will suffer yourselves to be overcome ( which will be one of the greatest Victories you have ever obtained , ) into a compliance with the humble and earnest beseechings not of your Poor Brother onely , but of many , who are Presenting you to God , and dare seek nothing for you , till this be obtained . Do not offend at this last word ; for , if it were my last , I must both confesse unto you , I have never had Confidence to seek any thing for you , since you embraced that Indulgence , save this ; and I know , you have , since that day , been much out of the Praiers of many serious Prayers , to whom you were , and yet are , deare , which hath been none of your advantage ; yea whatever use you may make of it , yet fidelitie to you put me to use this freedom , that I have not onely found my self in fetters , but I have observed more servent Judicious and gracious Persons , to whom it was a case of Conscience ; yea who had no Confidence to represent you to God , as a Part of that suffering remnant , for whom they essayed to Pour out their heart before Him , whereat you will cease to wonder , when you consider that to them , the Indulgence was a Defection . But if the following History Prevail not with you , yet Let the History that God hath writen against that acceptance doe ; Least He impose the necessitie upon some to transcribe it , and set it before your eye , for your further Conviction , and a Caution to the Posteritie . But to close this , give me leave , Deare Brethren , to say this one word more ; that often , under my sinking soul-anguish and sorrow , because of this Indulgence , and its woeful effects , I have with an anticipat complacency essayed to allay the sharpnesse of my sorrow , and to flatter my self into a cheerfulnesse in the pleasant expectation and hope , that amongst the Indulged themselves , amongst so many Godly men , there was more than a may be of hope , that the Lord would pitch upon some of these , and make use of them , to discover , with more conviction and advantage , the evil of this Indulgence , than any else is in case to doe : Blessed shall that man or these men be ! And O that I may not be disappointed in this expectation ! I know , the following History will fall under the severe Censures of many , and not a few will be ready to cry-out against it , ( who shall never be able to answer its reason , but by clamour ) as unseasonable ; I grant indeed , that it is the great Qualification of writing and speaking , that it be seasonable ; and it is also the great commendation of Hearers and Readers , that they have that wisdom of heart as to discerne both time and judgement ; for as a word in season and fitly spoken is like apples of go●d in pictures of silver ; so it is a rare thing , especially in a declining time , to be in case to judge what is truely such , and , as having escaped the mistakes ariseing from preconceived Prejudices , to approve that which is more excellent ; but whatever Prejudice may prompt some to say ; yet what is said by this wise Reprover will be found and entertained as an ear-ring of gold , and an ornament of fine gold unto an obedient eare . And for my confidence in commending it , as a word in season unto the Reader , I render these reasons . First , If men consider the hainousnesse of guilt , which the Author hath clearly demonstrat to be wrapped up in , and inseparably connected with this Indulgence , they will rather say , Alas , he hath been too long in comeing , to make a discoverie of its iniquitie ; than complain as if he had come to soon . Secondly , If men take it up in its true nature and tendency , and consider impartially the qualitie of its defection , according as it is here held forth , if they speake their soul , they must say , That a standing Testimony against this evil is of more value and worth , than all of us are , when sold out of the ground . Thirdly , It will not fall under the Censure of unseasonablenesse by any , except such as doe either down-right plead for the Indulgence and defend it , or else connive at it , as an aliquid nihil , not to be regarded ; and it is to me , and , I hope , will be so to many , in regard of such , that the one may be cured of their Confidence and the other of their Indifferency and detastable Neutralitie , a word in season . Fourthly Let this silence the clamour about its unseasonablenesse , and satisfie , yea plead the indispensible necessitie of it , at this time . That the Indulged Brethren have of late been more hot and high , than formerly , even to the threatning of men into a silence at its defection , by boasting us with a Vindication of the Lawfulnesse of their Acceptance ; and therefore , as to them it ought to be justly reckoned seasonable . Fiftly , Because somewhat hath been of late done even by the Non-Indulged , not onely to the strengthening of the hands of the Indulged , and giving them new confidence in their course , in obliquo , by covering all , and carrying towards them , as if they had done nothing amisse , But upon the matter ( for it is beyond my shallow capacitie otherwise to interpret , or understand the deed ) by a direct homologating of that Indulgence ; for now silence , as to all speaking against this evil , is made the very Door and Porch , thorow which all the Intrants to the Ministery must passe . I hope , they will not alleage , that this is misinformation , for now we have it under their own hand ; and the breach of this engagement is brought and laid down as a ground , upon which a Young man is challenged ; And therefore , it s now simply necessate yea more then high time to discover and detect the blacknesse of its defection , when the Church is thus brought in bondage by it . Sixtly , The severe insulting over some of the poor remnant , who cannot forbeare to witnesse their abhorrence at it , and dare not dissemble their hatred of it , constrained the Author to give the world this account , to convince them , how little reason the one Partie hath to insult thus over their poor Brethren , and how litle cause the other have to be ashamed of witnessing their dislike . Seventhly , Because it hath been often and still is objected to us , that we have made a hideous hue and cry after it , as a theefe , but neither would nor could render a reason , or prove it to be a coming-in not by the right door , but a climbing up by another way : And therefore , the Interest of truth constrained the Author , to give them and the world such a Plain and Publick Account of the reasons of his just dissatisfaction , as may abide ad futuram rei memoriam . And Lastly , Because there is a may be of hope , that as some at least of these Godly men Indulged may be hereby taken off , and all of them made more sober , and lesse violent ; so it is much more to be hoped , that the Non-Indulged will hence-forth more seriously consider what way to deliver the Church from this evil , their Brethren out of the snare , and how to keep themselves free from the transgression of giving this evil any interpretative countenance ; ( for if God put it upon their heart to apply it , the Plaister is in their hand , to wit , a just discountenanceing of this as a defection . ) And withal that they will henceforth appeare more friendly towards the real Lovers of them and the cause ; and holders fast of their integritie , and lesse severe against such , who ought to be countenanced , cherished , and encouraged for their uprightnesse in hateing the Supremacy , as the spring , and all the streames that flow from that corrupt and cursed fountain ; and hereby shall they have better accesse , when real affection and tendernesse upon these accounts is witnessed , to curbe or cure these excesses , which are not inseparable from , yea incident to the zeal of the best of Saints out of heaven ; for it is there that our fire will want smoak . Deare Brethren I shall detain you no longer from Peruseing this History . And that you may in calmenesse and without Prejudice consider what is said ; and that the Lord God himself may , as in all things , so in this thing also , give you Light , is for you the soul-desire of Your poor afflicted Brother and welwisher . THE HISTORY OF THE INDULGENCE . AFter the unexpected Alteration ( which proved indeed a Convulsion falling-out so suddenly ) that came upon the Church , after the Kings restauration , when beside many other sad passages , ( and too many here to be commemorated ) the memorie of which may make tears trickle down from our eyes , so many of the able , painful , faithful and succesful labourers in the Vineyard of the Lord were by one Act of Councel at Glasgow Anno 1662. put from their work ; and by violence thrust out of the Vineyard , where the Lord had set them to labour ; even to the number of Three hundered and above . Nor was it enough to the Rulers to banish all those by an Act from their own Parishes ; but to make this banishment yet more grievous , and the life of those faithful Servants of Christ yet more bitter and less vital , they thereafter did command them to remove from their own Paroches twentie miles , six miles from a Cathedral Church , and three miles from a Brugh . After ( I say ) this surprizing and astonishing blow , tending so directly to the overthrow of the Lords Ministrie , in that Church , and the Introduction afterward of abjured Prelacie , whereby the Church became suddainly filled with aswarme of locusts ; and the many Acts made to enforce a compliance among the people with this defection , and actual conformity thereunto , and that so violently and rigorously , as even simple withdrawing was made seditious and criminal , and severely punished : the ejected Ministers began to think with themselves , that this tyrannical ejection did not , nor could not , unminister them , or make them no more Ministers of Christ ; so as they might not preach the Gospel , wherever they were , as Ambassadours of Christ ; but , on the contrary , they saw , that they lay under the wrath and displeasure of God , if they should not preach Christ ; and that a necessity was laid upon them , yea and wo was unto them , if they preached not the Gospel ; according to that 1 Cor. 9 : v. 16. and they observed likewise , that the necessity was now great , yea greater than ever , upon many accounts : And on the other hand , the people being more and more alienated from the Swarm of Curats , as being not only prodigiously profane , and lascivious , vaine and ignorant ( enough to demonstrate , that they were never the authorized Messengers of Christ ) but also highly guilty of perjurie and defection , in their compliance with , receiving their commission immediatly from , acting in subordination to , and by a power derived from the abjured Prelates , contrare to the Word of God , the Primitive Pattern and our own Reformation , confirmed by Oaths , solemne Vowes and Covenants ; and being sensible of an obligation still lying upon them to owne the outed Ministers , as the faithfull Servants of Christ , and therefore under a necessity to hear them , and to receive the Ordinances of Christ , as dispensed by them : both the one and the other saw themselves called to some other exercise , both to restifie their adherence to their former avowed Profession , their abhorrence of the abjured re-introduced Prelacie , and their willingness to keep Christ , in his pure Ordinances , in the Land. Wherefore not a few of the more serious Ministers , bethinking themselves , and considering the many obligations lying upon them , to preach , and to be instant in season and out of season , and considering the urgent necessitie , and withall the cheerful readiness and willingness of the people to hear , saw themselves called of God to preach as Ministers of the Gospel , wherever providence ordered their abode ; and thereupon , as occasion offered , preached unto all such as were willing to hear ; but at first ( that they might as little displease the Rulers , as possible ) only in privat houses , and that for the most part , ( if not altogether ) at such times , when there was no publick Worshipe in the publick meeting places . ( A superplus of caution . ) But such was the rage of the new installed Prelates , and such was their Indignation at , and Enmitie against those outed Ministers , and chiefly at and against the work they were about , as knowing that if Christ were keeped in the Land , and a memory only of him were reserved , they could enjoy no quiet in their usurpations ; that they ceased not to stirre up the Rulers , to all extravagancies of Cruelty , for suppressing of the Innocent , Peacable and Harmeless Assemblings . Hence came severe prohibitions , discharging all such meetings under exorbitant Penalties , both upon the Masters of the houses , where these Assemblies were found , and upon the Minister found there exercising , and upon all and every one present , without exception , Hence were houses forced and searched , and many hailed to prisons , and several necessitate to escape at windowes with the hazard of their lives ; Officers and Spies sent unto and set in several suspected places , to seize and fall upon such , as they found at such meetings , or but suspected to have been there : whence it came to passe that many , both men and women , young and old , have been dragged to Prisons , and there closs keeped , as if they had been the worst of Malefactors , besides several other outragious and illegal Acts of Violence and Oppression committed against them , contrarie to all Law , Equitie and Conscience . The faithful Ministers and people , desireing still to follow the Lord , in the duty of the day , and finding so many and so great Difficul●ies , in their Assembling in Houses , where they were so easily attraped , and could with so great hazard meet , and with difficultie escape the hands of these Burrioes , were constrained at last to keep their Meetings in the fields , though without all shelter from Cold , Winde , Snow , and Raine : Whereupon the rage and fury of the Rulers , instigated by the Prelates , did break forth into more excessive and boundless Flames : Whence came severe Acts of Councel and Parliament against the same ; and all wayes of cruelty imaginable taken , to suppress these House and Field meetings ; field meetings being discharged under the paine of death unto the Minister and Convocater , and other grievous penalties unto such as did meet : Which course of severity and rigour hath continued unto this day : But to mention the several Steps , Methods , Means , Consequences and Effects of this Tragoedie , would make too long a digression , It is sufficient for us to notice , that the Suppressing of these Meetings hath been the butt , a● which a great part ( if not the far greatest ) of the Acts and Actings of the Rulers have been levelled , ever since they began to appear ; and the onely occasion of so many Acts of Cruelty , and of Enormitie in point of Justice and Legality ▪ they being the onely eye-sore of these Enemies to Christ and His Interest , and that which they had been hitherto , both with cruelty and craft , seeking to destroy , by Tyrannical Acts and Lawes , and by more Tyrannical and illegal Executions ; as if these Assemblers had been no more lawful Subjects , but open Traitours , and the Worst of Rebels . Hence came the filling of P●isons with such as were apprehended , the sending of such Ministers as were taken into the Basse ; the setting of a great summe of Money upon the Heads of some ; liberty granted to Souldiers to wound and kill , in seeking to apprehend Ministers , and to apprehend and trouble any person they found on the high-wayes ; the selling of honest people , as Slaves , unto the French Captains , and unto Persons going to America ; the Banishing of the Wives and Children of the outed Ministers , that were come to Edinburgh for shelter , commanding them to dislodge within the short day prefixed , under the paine of being forcibly shut up , or dragged out ; the appointment of a Major in Edinburgh , with command over the Town Guards , and a good salarie for this very end , to apprehend , at all times , all such Ministers or people , as he could finde Assembling together ; the out-lawing of several Ministers , and many hundereds of Professors , discharging all supply , were it but of bread or water or of a nights lodging , to be given unto them ; and what not ? In the midst of all this furie , and after the quashing by blood , illegall & most falsly patcht up for saltures , of severall estates escheating and confiscating of goods , of that trouble Anno 1666. , occasioned through the Barbarous Executions of illegal Commands , against simple Non-complyers with the course of Prelacy , the King ( at whose instigation , or in compliance with whose Desire and Request , I know not ; but that it was not of God , nor of Christ , nor of the Spirit , that I know ) essayeth other meanes , and taketh other measures ; ( but all tending unto the same destructive end designed , to wit , the suppressing and banishing out of the Land all these Memorials of the Lords Covenanted Interest , and of his presence in the Land , the Assemblies , ( I mean ) of his Servants , to serve and Worshipe him ; according to the pure Order of the Gospel , after the example of Christ and his Apostles , & those primitive Christians , which willingly followed and heard them , ) when by cruelty the Rulers saw they were not able to attaine their end , but the more they laboured that way , to suppress these meetings , the greater and more frequent they grew , the craftie device of an Indulgence to some certaine select persons of the whole outed Ministers is fallen upon ; which if it had been more General or Universal , than it was , had in all probability , proven an effectual meane for attaining of that , which they were so earnestly labouring for , viz. the extinction of the whole Remnant . Being now to discourse of this Indulgence , as it is called , we shal beginne where it began to appear ; that is at the Kings Letter to the Councel hereanent , dated at W●it●hal the 7. of Iuny 1669. which was as followeth . CHARLES REX . Right Trustee &c. Wee Greet You well . Whereas by the Act of Councel and Proclamation at Glasgow in the Yeer 1662. a Considerable number of Ministers were at once turned out , and so debarred from preaching of the Gospel , and exercise of the Ministerie ; we are graciously pleased to authorize you , our Privie Councel , to appoint so many of the outted Ministers , as have lived peacably and orderly in the places , where they have resided , to returne to preach and exercise othe● functions of the Ministery , in the Paroch Churches , where they formerly served , ( provided they be vacant ) & to allow Patrons to present to other vacant Churches , such others of them , as you shall approve . And that such of these Ministers , as shall take Collation from the Bishop of the Diocie , and keep Presbyteries and Synods , may be warranted to lift their stipends , as other Ministers of the Kingdom . But for such , as are not , or shall not be collated by the Bishop , that they have no warrand to meddle with the vacant Stipend , but only to possesse the Manse and Gleib ; and that you appoint a Collector for these and all other vacant stipends , who shall issue the same , and pay yeerly maintenance to the saids not collated Ministers , as you shall see fit to appoint . That all who are restored , or allowed to exercise the Ministrie , be in our Name & by our Authoritie enjoined , to constitute and keep Kirk-Sessions , to keep Presbyteries and Synods , as was done by all Ministers before 1638. And that such of them , as shall not obey our Commands in keeping Presbyteries , be confined within the bounds of the Paroches , where they preach , aye and while they give assurance to keep Presbyteries for the future . That all , who shall be allowed to preach , be strickly enjoined , not to admit any of their Neighbour or other Paroches unto their Communions , nor Baptize their Children , nor marry any of them , without the allowance of the Minister of the Paroch , to which they belong , unless it be vacant for the time . And if it be found upon complaint made by any Presbytery to you , our Privie Councel , that the people of the Neighbour , or other Paroches , resort to their Preachings , and deserte their own Paroch Churches , that according to the degree of the offence and disorder , you silence the Minister , who countenances the same , for shorter or longer time , or altogether turne out , as you see cause . And upon complaint made and verified of any seditious discourse or expressions in the Pulpit , or else where , uttered by any of these Ministers , you are immediatly to turn them out , and further punish them according to Law , and the degree of the offence . That such of the outted Ministers , who live peacablie and orderly , and are not reentered , or presented as aforesaid , have allowed to them foure hundereth merks Scots , Yeerly , out of the vacant Churches , for their maintenance , till they be provided of Churches . And that even such , who shall give assurance to live so , for the future , be allowed the same yeerly maintenance . And seing we have by these orders , taken away all pretences for Conventicles , and provided for the want of such as are , & will be peacable : If any shall be found hereafter to preach without Authoritie , or keep Conventicles , our express pleasure is , That you proceed with all severity against the Preachers and Hearers , as seditous Persons , and contemners of our Authority . So leaving the Managment of these disorders to your prudence , and recommending them to your care , we bid you farewell . Given at our Court , at Whitehall the Seventh day of Iuny 1669. & of our Reigne the 21. Yeer , by his Majest : Command LAUDERDAIL . Ere we proceed , it will not be amiss to set down here some few most obvious remarks , to the end , we may come to understand better the nature , and true import of this Indulgen●e , where of this Letter is the ground and Basis. And 1. We see it is said , That by the Act of Council , and Proclamation at Glasgow An. 1662. a considerable number of Ministers were at once turned out ; and so ( N.B. ) debarred from preaching of the Gospel and exercise of the Ministrie . Whence we cannot but observe , That those Ministers , who were by that Act at Glasgow banished from their Paroch-Churches , were not only debarred and hindered from preaching of the Gospel , and Exercise of their Ministrie , in their own Congregations ( which could not but follow by an inevitable consequence ) But in the sense and meaning of the Court , they were by vertue of that sentence debarred from , and incapacitated for preaching of the Gospel , and the Exercise of the Ministrie , any where ; and so according to the meaning of the Civil Magistrate , emitting this Edict , these Ministers were simpliciter deposed from their Ministrie , and looked upon as men , having no longer power or warrand , before God or Man , to preach the Gospel , or dispense Ordinances , as Ministers thereof . Whence it followeth , that the Indulgence ( as it is called ) is a full and formal opening of their mouth againe ; & ( as to some ) a Reponing of them , according to the meaning of the Indulgers ; who doubtless will not say , ( What ever the plain Language of their Practice be ) that they have power to countermand what God hath commanded , or to discharge such , from serving Christ in the Ministrie , as he hath strickly enjoined , and that upon all highest peril , to serve him so ; but they think , they have power from God , to silence Ministers from preaching when they will ; and againe to open their mouthes , and grant them liberty to Exercise the Ministrie , as they see good ; and that the Lord Authorizeth what they do ; and so , they do but what Church-Judicatories were in use to do formerly , or Prelates yet do , as to such , who are under them . Here then being a Full , Formal , and judicial Power , granted to such , as were , in the Courts Iudgement , put from their Office , deprived of and debarred from the libertie of exercising the same , or any part thereof , to re-enter into the full and free Exercise of the same ; it appeareth to me to be undeniable , That the accepters of this Indulgence have , upon the matter , assented unto this grievous incroachment upon the Priuileges of the Church of Christ. Our Church never thought it competent to the Civil Magistrat , to depose Ministers from their Office , or to suspend them from the Exercise thereof . Let the Second Book of Discipline be viewed ; Let the CXI . Propositions be considered ; Let the Propositions for Government be looked upon ; Let our first or Second Confession of faith , or the late Confession , drawn up at West-Minster be pondered ; Let the writtings of our worthies Mr Rutherfoord , and Mr. Gillispy be read ; Yea , let all our publick proceedings , and the whole tenor of the pub●ick actings of our Church be remembered , and it will be seen , that the granting of this unto the Magistrate is point-blank contrary unto all these ; Yea , & to all the writtings of the Orthodox Anti-Arminian Anti-Erastian Divines . But I know it will be said . That the Receivers of the Indulgence cannot helpe what the Magistrate saith ; they know what themselves think ; and as they did not look upon themselves as deposed , when banished from their own Parishes , as appeared by their preaching else where after that sentence ; so they grant no such power now unto the Magistrate : Yea , when some of the Indulged were some yeers thereafter called before the Councel , it was said roundly by their Mouth , That they had received their Ministrie from Iesus Christ. But I answere , ( 1. ) Though the Indulged could not cause the Magistrate speak otherwise , than he would ; yet they were Masters of themselves , and of their own actions ; and they had liberty to do and speak that , which before the world might testifie and declare , that they did not assent unto that assuming of Church power , but on the contrary did dissent there from , and protest against it , as a sinful Usurpation and Incroachment . What publick Protestation was , I pray , given in against this , first or last ? What Plaine and Positive Testimonie was borne unto the Doctrine & Practice of our Church , in this point , which many of our forebearers did owne unto Banishment and Bloud ? ( 2. ) As for that , which was said by the mouth of some of them , ( of which more afterward ) it was but a poor salvo , in the case ; bec●use no man breathing , neither Magistrate , nor Church-Judicatory , can properly give the Ministerie ; that being proper to Christ Jesus alone : Men only can Instrumentally and Ministerially convey & apply the power , which is of Christ , unto such or such a Person : now I suppose these Brethren , who spoke so by their mouth , did not think or meane , that they had their Ministrie from Christ immediatly , without the intervention of an instrumental and ministerial cause : So that notwithstanding of this , by their practice they might and did declare , that the Civil Magistrat was the Instrumental and Ministerial cause , lawfully Authorized to repone them to their Ministrie ; that is , that all that power of Deposeing & Reponing of Ministers , which by our Reformed Doctrine , Discipline and Practice , hath been asserted to agree only to Church-Officers and Church-Judicatories , is competent to the Civil Magistrate , as such ( 3. ) Further it may be noticed , that a Minister once deposed , or suspended , and now reponed by a lawful Presbytery , might say the same , to wit. That he receiveth his Ministrie from Iesus Christ , with full Prescriptions from him &c. Without the least questioning of the lawful Ministerial and Instrumental power of the Presbyterie , in that affaire : So that it is manifest , that this could not salve them from a real acknowledging the Council upon the matter , to have the Ministerial power of Deposing and Reponing of Ministers ; and that , de jure . ( 4. ) Itis true , thei● preaching else where , after their Banishment from their own Congregations , will say , that in so far , they did not acknowledge themselves deposed from the function ; yet it will not help much ; for their by past faithful deportment will not lessen their fainte at this time , but rather aggravat their cedeing , or their silence , at the accepting of this Indulgence , springing forth of such a fountaine . Their by past honest carriage ( I speak here upon supposition , that they did sedulously preach elsewhere , when thrust from their own Charges ; though I apprehend , it will be found true , but of a few of them ) should have prompted them now to a plaine declaration of their adherence to their former Principles , and of their abhorrence of such gross and Palpable Invasions upon , and Usurpation of the power , which Christ hath granted only to his Church . 2. We may remarke , that it is said , We are graciously pleased to authorize you , our Privie Councel ( N.B. ) to appoint so many of them &c. and againe , as you shall approve of . Whence it is obvious ( 1. ) That all the power , which the Privie Councel had , was from the King ; and consequently , that they go no greater length , than the Kings Letter did allow ; and that their Actings could not justle with , or cross the Scope , Intent and Designe of his Maj. Letter ; but fully comply therewith in all points , and in all its Designes . So that , when any doubt ariseth anent what the Councel did , we must , for obtaining of Satisfaction and Clearness , have our recourse to this primum mobile , the Spring and Principle of this Motion , and the Ground and Basis of the Councels Actings : Yea we must interpret the Actings and Deed of the Councel by this Letter , which was their Cynosure , by which they were to direct their course , and their Rule and Ground of Acting . ( 2. ) Itis obvious allo , that That power , which they are authorized to exercise , is a Power to appoint such and such Persons , as they think meet , and shall approve of , to go to such and such places . It was not then a Command given , or a power granted to recal the Act of Glasgow , whereby the Ministers were banished from their Charges ; but a power to meddle with pure Church-matters , and that immediatly ; that is , to judge and cognosce of the Qualifications of Ministers ; and so to approve or not approve of them ; and a powe● of installing such as they approved of , in such places , as they shall think meet , and none else . These things are plaine . And it is manifest , that there is herein a Plaine , Clear , Palpable and Gross Incroachment on the Liberties of the Church , and on the Power granted to her of the Lord Christ Jesus , as no man will deny , who is not a stranger to the Word of God , and to the Principles of Presbyterian Government , and to all the Acts and Actings of our Church from the very first Reformation from Popery . Wherefore , seing it is known , that in this case , qui tacet consentire videtur , he who is silent , is construed to consent : And it hath been alwayes accounted in our Church ( and is so also by the Word of God ) a sinful compliance with a wicked course , not to give faithful , free and timeous Testimonie against the same ; it is undeniable , that these indulged Persons , accepting this Indulgence , conveyed through such a channel , & flowing from sucha fountaine , as is already shown have not only fainted , as to their duty ; but are interpretatively assenters unto this Usurpation . 3. The Qualification of those , who are to be restored to the Ministrie , is here also to be remarked , in those Words , So many of the outted Ministers , as have ( N. B. ) lived peacable and orderly , in the places , where thy have resided . I shall be far from saying , that Ministers should not live peacably and orderly ; but we ought to consider , what is accounted , living peacably and orderly , by such as propose this Qualification : And that sure , to speake it in the smoothest of Termes , is a negative compliance with all their Tyranny , Oppression of Church and Countrey , Bloudshed , Overturning of the Work of God , Establishing iniquity by Law , Perjurie , Apostasie , Re-establishing of Perjured Prelats , and abjured Prelacie , intruding of Hirelings ; Persecution of conscientious people , for not acknowledging of these Hirelings as lawful Ministers of the Gospel &c. That is to say , have been very quiet and silent , as to the bearing of faithfull witness unto the Cause of God , and the work of Reformation , according to our solemne Oaths and Covenants ; and have been loath to transgres any of their iniquous Lawes ; and careful to walk and carry so , in all their deportment , as not ●o displease them in the least . Now I would think that this very thing should have been enough to have scarred tender conscientious persons from accepting this Indulgence . What Son of the Church of Scotland could have accepted of a favour , in the bosome of which lay this Reproach ? Who could have accepted of this Indulgence , and not with all openly have thereby declared , that he was one of those peacable livers , for whom it was designed , and upon whom in special , as such , it was to be conferred ? And however this peacableness and orderliness was accounted a good Qualification by the Rulers , and a satisfactory Mark unto thē of the fitness of these Persons , for receiving of their favours , and a sufficient ground of security unto them , that these Persons would not stand in the way of their further destructive progress , nor marre them in their further pernicious designes : It seemeth strange to me , that conscientious Sons of the Church of Scotland , should have suffered themselves to be looked upon , with such a special eye of favour by those Enemies , and to be distinguished from others by such a Character , as in our good times , and according to the wholsome Canons of our Church , would have exposed them unto the highest of Church Censures . Had they not then a faire occasion here , yea and a loud ●all , to vindicat themselves from this Aspersion , howbeit esteemed , judged and declared the prime and indulgence-procureing Qualification by the Rulers ; and to have born witness unto the Truth of God ; if their desire to the offered favour , and love to that esteem with the Rulers , had not been too excessive and prevalent ? But there is another thing beside remarkable here , to wit. That here we see , the Magistrate assumeth to himself power to prescribe , to determine and to judge of the necessary Qualifications of Ministers , or of their Qualifications sine quibus non . And moreover , That the accepters of the Indulgence after this manner , did , upon the matter , and interpretativly , give their assent to , and approbation of these two things : First , That the Magistrate , as such , hath power to prescribe , to specifie and to declare what are indeed , and what he will have to be looked on as , the only Qualifications , necessarily requisite in Ministers : And next , That the Qualifications , by him here specified and expressed , are the only Qualifications necessarily requisite in Ministers : And consequently , that the Apostles and Primitive Ministers , who neither could nor would have lived so peacablie in reference to the Heathen Emperou●s , and their wicked Decrees , when no more repugnant to the Interest of Christ and of the Gospel , than the Decrees and Executions of our Rulers have been , were not rightly qualified for the Ministrie . Adde to these , That hereby they acknowledged themselves to be duely qualified after this manner , that is , to have been and yet to be such , ( and that deservedly , after the Court construction ) as have lived peaceablie and orderly , in the places , where they have resided . 4. There is another remark in the Letter obvious , where it is said [ That such of these Ministers , ( i.e. who are indulged ) as shall take Collation from the Bi●hop of the Diocie , and keep Presbyteries and Synods , shall be warranted to lift up their stipends , as other Ministers of the Kingdom . But such as are not , or shall not be collated , shall have no warrand to meddle with the local stipend ; but onely to possesse the Manse and Gleibe and shall have such a yeerly maintainance , as the Councel shall think fit to appoint , out of the vacat stipends . ] Though this , at the first view , may not seem very material , yet it will have its own weight , when we consider these things following , ( 1. ) That the Law of God alloweth such , as serve at the Altar , to live by the Altar ; and that the very ox , that treadeth out the Corn , should not be muzzled ; and that the labourer should have his hire ; as we see 1 Cor. 9. Gal. 6 : ver . 6. 1 Tim. 5 : 17 , 18. And that all Equity and Reason requireth , that the Benefice should follow the Office , as an accessorie and consequent thereunto . ( 2. ) That Ministers stipends are a part of the Church-rents and Emoluments ; and are as proper and due unto the Ministers of the Gospel , who serve in the place , as the Rents of any mans heritage is to him , who enjoyeth it ; these being irrevocablie given away and dedicated to the Church , and the said Donation confirmed and ratified by Law. ( 3. ) Our second Book of Discipline , approven in all points by the General Assemblie , prescribeth other Collectours of these Stipends , or of the Church Rents , than such as the King or Councel should name , and that in conformitie to the Word of God and Primitive Patern ; as we see Chap. 9. Where , speaking of the Patrimonie of the Kirk , and of the Distribution thereof ; and after they have told what they meane by the Patrimonie of the Kirk they have these words . To take any of this Patrimony by unlawful meanes , and convert it to the peculiar and prophane use of any person , we hold it a detestable Sacrilege before God : And then they adde : That the goods Ecclesiastick ought to be collected and distributed by the Deacons , as the Word of God appoints , that they who bear Office in the Kirk be provided for , without care or solicitude . ( 4. ) That there is an introduction here made to that , which may ever hereafter prove noxious and hurtful to the Church ; even way made to the bringing of the Ministers of the Gospel under perfect slavery unto the State ; for hereby we see they must be obnoxious to them , and depend upon them , not only for the quota of their stipend ; but also for the actual and yeerly payment thereof ; for yeerly must there an address be made unto the Councel , or to the Exchequer , by every Minister for his Stipend : though this be altered now ; yet there was no appearance of it , at their accepting of the Indulgence , and several yeers after . Though this may seem but a matter of small moment ; yet we think faithful Ministers should have been tender of the least thing , which might but occasion , or usher-in bondage and slaverie to that poor Church , which hath had a wrestling life , what for one thing , what for another , from the very beginning : And sagacious persons might easily have foreseen , whither such a course , as this , did tend . And if hereafter the State should lay down such a course , as that in all time coming , all the Stipends through the Land should be uplifted by general Collectours , thereto appointed by them , and given-out by these againe , to such as , and in what quantity the State shall think fit , and so make the Ministers become their slaves , and to depend upon them , as if they were their domestick Servants , and Hirelings ( the inconvenience of which upon many accounts cannot but be obvious to any considerat and judicious person ) whom had we to blame , as first breaking the ice in this matter ? And was there not here ground enough to have refused this favour ( as it is accounted ) thus conveyed ; and to have declared , they would choose rather to preach gratis , than any way contribute unto the laying of such an yoke upon the neck of the Church of Scotland . Further , see we not here , that such a snare was visible before their eyes , that either they should accept of Collation from the Prelates , and so acknowledge their dependance likewise on them , and confirme these perjured Invaders , and comply with abjuted Prelacy ; or otherwise become the Councel's Pensioners , which did tend to a manifest prostituting of the credite of the Ministrie , and to the obstructing , of ministerial freedom and faithfulness , in declaring the mind of God , as becometh the Ambassadours of Christ ? 5. The next thing to be remarked , is the Injunctions here laid upon the Indulged , which are expressed in the Letter at some length . Which Injunctions either are Lawful , or Unlawful . If they be Lawful , Then ( 1. ) They must obey them without any hesitation . ( 2. ) Then they must acknowledge the conformable Clergie , as they are called , to be lawful Ministers of the Gospel . ( 3. ) And that it is lawful to keep the Prelat's Courts and Meetings ; and thus condemne themselves , for not doing so formerly . ( 4. ) Then the people are also obliged in Conscience to owne and acknowledge these Hirelings , as lawful Ministers of the Gospel , whom they are called of God to hear and obey . But if they account these Injunctions Unlawful , how could they by their silence , and accepting of the Indulge●ce upon these termes , tacitely approve of the same ? To say , That they did not positively approve thereof , is not enough : Yea , their not-disapproving thereof Openly , Plainly , Publickly and Avowedly , being so stated as they were , and circumstances considered , cannot but be accounted an Interpretative Approbation , by all Godly , Sober and Rational persons . Nor will it availe here to say , That these Instructions were not proposed condition-wayes : For the Councel , ●hat are both the best Interpreters of this Letter , and of their own deed , in consequence of and in compliance with the same , tell us in their Act August 10. 1677. that the Indulgence was accepted upon condition of keeping and observing of these Instructions , in these words : For as much as the Lords of his Maj. privy Councel , did confine several outed Ministers to particular Paroches , with allowance to preach and exercise the other functions of the Ministrie within the same ; and did ( N.B. ) deliver unto them certain Instructions to be keeped and observed , upon which they accepted the Indulgence , granted to them : And againe , after whatsoever manner these Injunctions were proposed , yet it is certaine , as we see , they were intended so . And if these Ministers had expresly told the Councel , that they would observe none of these Injunctions , because they judged the same unlawful , and themselves obliged in conscience to declare the same ; shall any think , that the Councel would have granted them this Indulgence ? Had not that been a direct crossing of the designe and purpose of the King and Court ? How should then the people have been amused into a stupide quiescence , and asse-like couching under the burden , and blown-up with an irrational and groundless expectation of some desirable change ? It cannot , moreover , here satisfie , to say , That they undertook nothing , but resolved to do , as they found clearness ; and when they were not clear to obey to subject themselves to the penalty . For the Counsel , ( as we see ) offering the Indulgence upon condition of observing the Injunctions , when they accepted of the benefite , offered on those termes , they could not but also embrace the termes , upon which the benefite was offered ; and their accepting of the benefite was a plaine declaration of their acquiesceing in and satisfaction with the termes . And further , when they accepted of the benefite , either they accounted Obedience unto these Injunctions Lawful , or Unlawful . If they accounted it Lawful , why were they so disingenuous , as to simulate some hesitation , when they were clear and certaine ? This was not the carriage of faithful , & zealous Servants of Christ. If they did account that Obedience unlawful ; Why did they not declare so much ; especially when their silence , at the acceptance of the benefite so offered , could not but be construed by all , to be a full satisfaction with the Conditions ? did not their silence confirme the Councel of the lawfulness of the Obedience , required to these Injunctions ? This looked not like the carriage of our worthie Fore-fathers , and zealous Reformers . Moreover , what in case the Councel had likewise injoined them ( after the same manner of way , that they proposed the foresaid Injunctions ) to preach Justification by works , The Popes Infallibility , or the Kings Headship over the Church , or some such thing ? Would it have been faire in them , to have come away thanking their L L. for the favour , which was bestowed upon them , & satisfying themselves with this mental reservation , We will do as we shall be answerable , and take our hazard ? Could any have justified them in this , or judged their carriage Ministerial ? Might not every one have said , that they had taken up their Ministrie , in an unlawful way , not approved of God ; and so had run unsent ? Finally , Let me ask the Reader , if the King or a great Noble man should grant to a Person some considerable Charge or Imployment in his familie , which possible the same Person had before , but was lately thrust therefrom ; and in the mean time should lay upon him some injunctions , which seemed onerous , or not very lawful ; could any think , that his accepting of the Charge and Imployment , and returning thanks therefore , did not speak out most clearly his acquiesceing unto the conditions , his accepting of the Charge upon these conditions , and his tacite promise to obey these Injunctions , especially since he made no exceptions against them , when mentioned and proposed ? 6. We remark further that the Letter saith , That none of these Ministers have any seditious discourses , or expressions in pulpit , or elsewhere . And what is understood here , by seditious discourses or expressions , we cannot be ignorant ? But now , what Conscientious Minister can either tacitely promise such a thing , or upon the highest ●eril forbear to utter such discourses ? Or who can think , that any such thing can be yeelded unto , who considereth , what God requireth of Ministers , in reference to a Corrupted and Apostatized State ? and what the weight of the bloud of souls is ? and who hath ever read Ezek. 3 : vers . 17 , 18 , 19 , 20 , 21 , 22. and Chap. 33 : ver , 7 , 8 , 9 , 10. and considered , what a fearful thing it is to fall into the hands of a living God ? It is true , the Councel in their act made no mention of this ; for what reasons ; themselves best know : Yet it is sure , that the King and Court expected that none should have the benefite of the Indulgence , but such only , of whom they had , or thought they , had all the rational security imaginable , that they should be men of other Principles , than to utter such expressions . And we may be very certaine , that the Councel , in pursuance of the ends of his Maj. Letter , made choise of such , as they accounted most peacable , and of whom they had the least fears imaginable , that they should ever utter , whether in pulpit , or out of pulpit , such seditious discourses and expressions . They took them ( no doubt ) to be men of a more peacable disposition , as they called it , and more wise and sober ( to speak according to their dialect ) . But oh , what will after ages say , who shall hear of the Kings Letter , and what the Councel did in pursuance thereof ; and see also that N. N. &c. without the least Testimony to the Truth , accepted of the offer , and never hear , where or when these Persons were challenged , or accused for uttering of such speeches ; that is , for an honourable mentioning of the glorious work of God , so miraculously wrought and carried on ; and a faithful Testifying against the unparallel'd perfidie and breach of Covenant , and against the most abominable , irreligious , inhumane and tyrannical Acts , made for establishing of this wicked Course of Defection ? What ( I say ) will after ages say , when they compare this with the valiant and zealous deportment of our Predecessours , and of some , at least , of these same persons Anno 1648. and some yeers preceeding ? It will not be a sufficient covering for this nakedness to say , They heard nothing of that , while they received the Indulgence : For it is not unlike , but they saw or heard of the Kings Letter ; and the report of such an expression therein should have made them diligent to have gote a sight of it , if it was not offered unto them : and their Mouth did clearly , in his discourse before them ( as we shall hear ) intimate , that they were no strangers thereunto . And suppose they had known nothing of this ; yet they could not be ignorant , that this was included in their qualifications . And if they should reject all this , as importing no consent on their part ; Let their practice , since the accepting of the Indulgence , say , whether or not they have regairded that , as the maine and only condition . However I think here was ground enough for them to have scrupled at the embracing of this supposed favour . 7. The next thing here to be noticed in the Letter , is the Power and Command , which the King giveth to the Councel , to silence those Ministers for a longer or shorter time , if they disobey these foresaid Injunctions ; and if a complaint be verified the second time , to silence them for a longer time , or to turne them out ( that is , in plaine language , to depose them simpliciter ) especially if they utter any sedicious speeches . He must be very blinde , who seeth not what height of Erastianisme is here : did ever any of the Reformed Churches say , that a Magistrate , as such , could suspend and depose Ministers from their Office ? Did ever King Iames assume this power unto himself ? See if his Declaration , penned with his own hand , signed and delivered to the Commissioners of the Church of Scotland at Linlithgow Dec. 7. 1585. saith so much , though at this time he had gote his Supremacie in Church-matters screwed up to the highest peg , he thought attainable ? Did ever any of our Confessions of Faith , or Books of Discipline , or Acts and Canons of our Church , give the power of the Keyes , the power of inflicting Church-censures upon Ministers , unto the Civil Magistrate ? Did ever our Divines ( for I except Court Chaplains , and Parasites , whom I account none of ours ) write or say such a thing ? Read what Calderwood hath said , in his Altar . Damasc. pag , 23 , 24. and what worthy Mr. Rutherfoord hath said , in his Due Right of Presbyteries pag. 427. and forward ; and read that elaborat Tractat of Mr G. Gillespie Aarons Rod Blossoming , and see if there be any such thing hinted there . See if the CXI . Propositions , or the Propositions for Government , mention any such thing . Now if these Indulged be not Erastian in their Principles ( as I hope they are not ) I cannot see , but they are Erastian in their Practices : For they , knowing that such a power was assumed by the King , and now given and granted by the King unto the Councel , whereby they were authorized to put the same in practice , and so to exercise pure and intrinsick Church-power , that is , inflict pure Church-censures , Suspend and Depose Ministers : That is , ( 1. ) Not only not to suffer them to preach and administer Sacraments , in his Kingdom and Dominions , ( which yet worthie Mr Rutherfoord will not grant , in his Due Right &c. pag. 430. upon these accounts 1. Because the King as King hath not Dominion of places , as sacred and religious , for his power in Church-matters is only cumulative , not privative ; so as he cannot take away an house , dedicated to Gods service , no more than he can take away maintainance alloted by publick authority upon Hospitals , Schools , Pastors and Doctors . 2. The Apostles might preach in the Temple , though Civil Authority forbad them . 3. And all know , that he cannot hinder the exercise of the Ministrie , in any other Kingdom , ) it is not this onely , I say ; but simplie not to preach , and administer the Sacraments . ( 2. ) It is not only to discharge the exercise of the Ministrie ( which yet Mr Rutherfoord , ubi supra pag. 431. with Calderwood take to be a degree of Suspension , which is an Ecclesiastical degree to the censure of Excommunication ; and therefore the King may as well Excommunicat , and remit and retaine sins , as he can suspend : ) but it is to take away the very power of Order , given instrumentally by the Church ; if ; with Papists and Formalists , they asserte not an indeleble Character . And ( 3. ) It is the taking away of what he never gave ; for he never ordained , nor could ordaine a Pastor , by any Law of God ; that is , Ecclesiastically designe , appoint , set apart , and constitute a qualified Person to the Ministrie , by prayer and laying-on of hands ; for this was alwayes done by Church-officers Act. 13 : v. 3. and 14 : v. 23. 1 Tim. 4 : 14. and 5 : 22. 2 Tim. 2 : 2. Tit. 1 : 5 , 6 , 7 , 8 , 9. Doth it not hence appear , that this was a manifest Usurpation of the Power and Privilege of the Church ? And what can the silence of such , as were indulged , as to this , when they accepted of the Indulgence , from such as were , in the very giving thereof , openly and avowedly declaring this their Usurpation and Incroachment , say before the world , but that they acquiesced thereunto ? This matter was not hid under ground ; It was plaine enough to all , who would not put out their owne eyes , that the King was assuming to himself Church-power , and was robbing the Church of her Privileges ; and to make way for the full accomplishment thereof , did here command and authorize his Councel to appoint such and such Ministers , so and so qualified , to such and such places , as they thought good , with this manifest certificate , that they must expect no Church-censures to be inflicted on them , for any crime or misdemanour , they shall be charged with , and be found guilty of , but by the Civil Magistrates immediatly ; not Causatively , that is , causing Church-Judicatories do it ; but doing it immediatly themselves . Who then can justifie them , and their practice , in accepting so thankfully , as they did , that Indulgence , without the least word of a Testimonie against all these open and manifest Incroachments ; and that at such time , when the designe of tyrannizing over the Church , in an Erastian way , was so palpable , and might be seen and known of all , who would but open their eyes ? But there is another thing , which here occurreth ; We see here that these Indulged Persons , are standing immediatly under the Censure of the Civil Magistrate , not only for transgressing of the Orders , and Instructions given ; but also ( as must necessarily follow ) for any other failing and transgression , not specified ; as for example for Fornication , Sabbath-breaking and other Sins and Scandals , deserving Deposition or Suspension : For put the case , that some of them ( which yet I have no cause to fear ) should commit any such scandal , as did de●erve , or were usually punished by Suspension or Deposition ; who shall inflict this Censure upon them , but the Councel ? There is no Church-Judicatorie having power over them for that effect ; and they are not under the Prelates ; And we cannot think that they may commit such crimes , and continue in the Ministrie ; Nor may we suppose , that they will suspend or depose themselves . 8. Moreover we must remark here , that the Councel is to take notice of their speeches in pulpit , who are indu●ged , and to punish them ; yea , to turne them out immediatly , if they be found to have uttered any sedicious Discourse : By which we see , that the Councel is made the immediat formal judge of Ministers Doctrine , for under the pretext of sedicious Doctrine , they may judge and condemne the most innocent and orthodox truthes . No Anti-Erastian Divine will grant this unto the Civil Magistrate . And though it be true , that the Civil Magistrat can only and properly judge of what is truely sedicious , and can only civilly punish for such crimes : Yet our Divines never granted , that the Magistrate might in prima Instantia examine , and judge of Ministers Doctrine , when alleiged to be sedicious , or treasonable : Nor did our Church , in her pure times ever yeeld to this . Our Church-Historie tels us , that Mr. Andrew Melvine , that faithful and zealous Servant of Christ , would not answer before the King and the Councel , for his alleiged treasonable discourse in Sermon , until he had first given-in a plaine and formal Protestation ; and the like was done by worthy Mr David Black upon the like occasion , and the Protestation was approven and signed by a good part of the Church of Scotland 1596. And we know also upon what ground it was , that that famous late Martyr for the Liberties of the Church , Mr Iames Guthrie , was questioned , and put to suffer : Now where was there any thing spoken by the Indulged , to bear witness to their adhering to the Church of Scotland , in this point of truth ? What was said , that might declare their dissent from this piece of Encroachment ? Was not their silence here , and accepting of the Indulgence , in the manner as it was accepted , without any publick Testimonie for the Church of Scotland and her Liberties , a Declaration , that they were willing that all their Doctrine should be immediatly , and in prima instantia , judged and examined by the Councel ; and consequently , that our Predecessours in offering Protestations , in this case , were to be condemned , and that Mr Guthrie died as a fool ? 9. We may remark a snare laid in the Letter to catch moe : for it is appointed , that such of the outted Ministers , who have lived peacably and orderly ( here is a Discriminatiō made , no less scandalous to the commended , than dangerous to the rest ) and are not reentered or presēted , as aforesaid , shall have allowed to them foure hundereth merks scots yeerly , &c. — And that such as will give assurance to live so for the futurē , be allowed the said yeerly maintainance : Seing it is not unknown what is properly here understood , by living peacably and orderly , any may see what a snare is laid here to catch others . But some will say , what is that to the Indulged ? I think it speaketh very much to them ; for had they not accepted of this Indulgence , that temptatiō had been removed from the door of others , who now , seeing them without any scruple accepting of the Indulgence offered , and granted unto them in special , only upon the account , and in consideration of their being peacable and orderly livers , are emboldēed to take that gracious gift , and accept of that Princely benevolence , upon the same account , and gape for a greater morsel , Viz. a Vacancie : And will not others , who are not fast rooted , be ready to engage , and give-in security , that they may also taste of the Kings gra●uity ; and so sell their consciēce and fidelity , at as good a price as they can . And if it fall out otherwise ( as I wish , and hope it shall ) that none shall accept of those baits , under which the hook is so conspicuous ; yet no thanks to the Indulged , who have so fairly broken the ice for them . I know , a scandal may be given , when not taken ; and such , as give the scandal , are guilty before God of destroying those for whom Christ died , Rom. 14 : 15. And that word of our Saviour Mat. 18 : 6. Luk. 17 : 1 , 2. Mark. 9 : 42. is very dreadful , But who so shall offendone of these little ones , which beleeve in me , it were better for him , that a mils one were hanged about his neck , and that he were drowned in the depth of the sea . I know they will say , They are far from this hazard , having done nothing , but what is du●y and necessary duty . But though I grant it an indispensible duty for Ministers to preach the Gospel , and to be instant in season and out of season : yet they might have preached without the Indulgence , as others did , and yet do ; and the accepting of the Indulgence was not the only necessary opening of a door to preaching . Nor is it of simple preaching that I am here speaking ; and they shall never be able to make it appear , that it is a necessary duty to do , as they have done , considering what is already said , and what shall yet further be said . 10. There is another particular in the Letter , worthie of a remark , and we shall but here name it ; and that is , Tha● the councel is to allow Patrons to present to vacant Churches such Ministers , as they shall approve of . Whence it is clear , that without this consent of the Patron , which is his real or virtual Presentation , the Ministers approven of by the Councel cannot have access unto these vacāt Churches : Therefore their accepting of the Indulgence unto Vacant places , after this manner , is an approving and an establishing of the power of Patrons ; whereby they did condemne all such Ministers , and possibly some of themselves , who formerly had suffered ejection , according to the Act of Glasgow , because they had no clearness to accept of this Presentation , even though the Patron would willingly have granted it , and did of his own accord offer it . Did they not hereby also condemne that laudable piece of our Reformation Anno 1649. When these Presentations were abolished , and the people restored to their liberty of Electing their own Ministers ? 11. We may also take notice , That all this contrivance is not in order to reduce our Church in whole , or in part , to her former Presbyterian state and lustre , or to weaken , or in the least deface , the re-established Prelacie ; but rather to confirme the same ; for in the Letter , we see these Indulged are to be enjoined , in the Kings name , and by his authority , to keep Presbyteries and Synods ; that is , the Prelats meetings , so called ; for there was no other . As also encouragment was given unto them to take the Prelates Collation . So that this contrivance , as it was to gratifie a few , so it was to corroborat the abjured Prelats , in their possessiō of what they had obtained , as their quid mihi dabit is . And further , they were discharged to exerce any Ministerial function towards any of the neighbour Parishes , where there were Curats serving . Now all these Injunctions , being manifestly sinful and unlawful , might have sufficiently cautioned them against the receiving of a favoure , so strangely clogged with sinful conditions ; or at least , prompted them to have remonstrated freely and faithfully all these evils , and plainly declared their fixed aversness from ever submitting unto these Injunctions , 12. The last particular , which I shall remark here , is the Result of all this ; or that rather which is the end mainly driven at , howbeit couched in words not so manifestly expressive of a mainly designed end . The words are in the last part of the Letter . And seing we have by these orders , taken away all pretence for Conventicles , and provided for the want of such as are and will be peacable ; if any shall be found hereafter to preach without authority , or keep Conventicles , our express pleasure is , that you proceed with all severity against the Preacher and Hearers , as sedicious person , and contemners of our Authority . In the by , we may here take notice , that according to the import and meaning of this letter , no Minister must preach either in or out of Conventicles , without a borrowed Authoritie from the Magistrate , otherwise they are to be looked upon , as sedicious persons , and as contemners of Authority : So that this licence or indulgence was a reall clothing of the Indulged and licensed ( in the sense of the Court , ) with authority to preach ; as if all they had from Christ , conveyed to them by the ministrie of Church officers , according to this Appointment , had been null , and altogether insignificant . Which one thing , in my apprehension , had been enough to have scarred any , that minded to stand unto their Presbyterian , Gospel and anti-Erastian Principles , from accepting of licences of this nature , so destructive to the very being of an Ecclesiastical Ministrie , and to its dependance on & emanation from Christ Jesus , the only Head and King of his Church , and sole Fountaine of all Power and Authoritie , communicated or communicable to his Servants and Officers , as such ; and so repugnant unto the methods and midses of conveyance , instituted and ordained by Christ , and practised in the primitive Church . But the other thing , here chiefly to be noticed , is , That as we see this device of the Indulgence was batched and contrived of purpose , to beare down these Conventicles , and to give a more colourable shew of justice in persecuting the zealous Conventiclers . It is true , the Persons Indulged were not of those chiefly , who keeped Conventicles , especially in the Fields ; for if so , they had not been such as lived peacably and orderly : And so , the Conventicle-Preachers were not much diminished in their number hereby ; yet it was supposed , that none of those ▪ who lived under the Indulged their Ministerie , would much trouble themselves to go to Conventicles , and field Meetings ; wherein , in a very great part , their supposition failed not . But now ; with what Conscience shall we suppose this Indulgence could be accepted , seing thereby , every one might see a further bar and restraint put upon those worthies , who jeoparded their lives in the high places of the fields in preaching of the Gospel , and were owned and contenanced of God to admiration , in the rich , yea wonderfully rich blessing of God upon their Labours , and Ministerie , dispensed by the sole Authority of Jesus Christ : yea and those of them , who were present before the Councel August 3. 1672. might have seen more cruelty breathed-out by severe orders , against those , who still followed the Lord , in Houses , in Valleyes and in Mountaines , though contrarie to the Law : For that same very day a Proclamation was issued out , commanding all Heretors timeously to declare any , who within their bounds shall take upon them to preach in such unwarranted Meetings ( as they were called ) and make their Names known to Sheriffs , Stewarts , Lords , and Bailiffs of the Regalities , or their Deputes , and all others in publick trust , within whose Jurisdiction they may be apprehended : And Authorizing these Sheriffs &c. to make exact search and enquirie after them , to apprehend and incarcerat their Persons , and to acquaint the Councel of their Imprisonment , And requiring the Magistrates of Brughs to detain them prisoners , till further Order ; and that under the highest paine : And also declaring that they would put all Lawes , Acts and Proclamations vigorously in execution , against withdrawers from the publick worshipe , in their own Paroch-Churches ? And thus was there a new fiery persecution raised , both against faithful Pastors and People . May it not be thought , that they had carried more honestly and ministerial-like , when seeing this End and Designe ( which could not be hid , ) if they had freely and plainely told the Councel , they could accept of no such Courtesie , unless the like were granted to all the faithful and honest zealous Ministers in the Land ; or at least , had declared and protested , that what was granted unto them might be no prejudice unto the rest to preach the Gospel , and to be instant in season and out of season , wheresoever and whensoever occa●ion offered ? But now , when nothing of this kind was done , did not they contribute their concurrence unto the establishing of this Midse , made use of for keeping-down of those Assemblings of the Lords people ; I mean the Indulgence ? And did they not hereby plainly enough condemne those Meetings , when they concurred so actively and effectually with the Councel , and the Kings designe to have the Land freed of them ? I know it will be said , That they could not procure favours to others : it was enough for them to accept of what was offered to themselves . But yet , though they were not Master of the Magistrates treasure of Indulgence , they were Master of their own deed ; and I suppose , few of the Godly of the Land would have blamed them , if they had , out of tenderness to the poor perishing people , and out of respect to their suffering Brethren , told the Councel ; that , as matters then stood , they could not accept of that offer , though it had been cleaner than it was , unless all their Brethren were also made partakers thereof ; or at least , that the House , and Field Preachers might not be molested . This would have looked like the deed of men , respecting the publick good , and not seeking themselves , or their own ease and liberty . It would have smelled of brotherly affection , if they had said ; We will rather take the same lot with our Brethren , than do any thing , how promising so ever it be of ease and quiet to ourselves , that may render their case more lamentable and grievous ; and may seem in the least , à countenanceing , were it but interpretatively , of the severities used against them , or do any thing that may encourage unto more cruelty , and to the prejudging of the far greatest part of the Land , of the Gospel , now going forth with power . If any shall say , That possiblie they did not approve of that manner of preaching themselves . I shall Returne , that possiblie it may be so , as to some of them , who were therefore looked on as most peacable and orderly ; and shall adde , that certainly such must condemne Christ and his Apostles , who were the greatest of Conventicle-Preachers and almost preached no other way , wanting alwayes the Authoritie of the Supream Magistrate , and yet not waiting upon their Indulgence . But as to all these things , deduced from the Kings Letter , it may be , the Indulged Ministers will think themselves little or nothing concerned ; nor obliged to take any notice of what is there said , in regarde that the Kings Letter was not directed unto them , but unto the Councel ; and it was with the Councel immediatly , and not with the King , that they had to do : And therefore are concerned only to notice what the Councel did , and said unto them , and required of them , and to notice their own carriage againe , or return unto the Councel . For answere I say . It may be so , that they shall thus think , to cheate the world and themselves , by such metaphysical abstractions , but in our actions before the Lord , and in matters of this nature , so neerly concerning the Glory of Christ , as King ; and that in a day , when all things call aloud unto a Faithful , Free & Full Witnessing unto & for the truth , such abstractions are neither Christian , nor Manly . The Letter was not hid from them , nor the contents thereof unknown to them ; for when they were before the Councel , ( as we shall heare afterward ) they by their mouth expressed their sense sufficiently of that Letter , and took the favour of the Indulgence with all humility and thankfulness , as his Majesties Royal Favour and Clemencie . Our forefathers used not to carry so , when Court-favours were pressed and urged upon them , but searched the ground and rise of these , and considered their tendencie and consequences ; knowing , that favours , granted by standing and stated Enemies , could not be for advantage , but for hurt . The Spirit of zeal and faithfulness would teach us another more Moral , Plaine & Christian Deportment : But though the Indulged should be such Metaphysical Abstracters , contrare to that Spirit of wisdom and ingenuity , that should lead all Christians ; yet the Councel dealt more plainely and roundly ( as we shall see ) and told at all occasions , and in all their Acts and Resolutions , that what they did was in pursuance of his Majesties Commands and Royal Pleasure , signified in his Letter . Finally , This abstraction , though it were yeelded to them , will not availe ; for though the Kings Letter had never been seen or heard of there was enough done by the Councel and its Committee , ( of which they could not be ignorant ) to have resolved them , if they had not been prepossessed : It was the Committee of the Councel that Elected them , that Judged them qualified for the Exercise of the Ministrie in such and such places : It was the Councel that did Appointe , Authorize and Impower them to Exerce their Ministery : It was the Councel , that did Depose & Repose , Plant and Transplant , give Injunctions , Restrictions , and Limitations , and punish for Non-Obedience : all which will be further cleared in what followeth . Having premised these few remarks upon the Kings Letter , as necessarie to the clearing of our way , because that was the ground of all ; and having , in the by , discovered several things , to shew the sinfulness of this Indulgence ; we shall now proceed to mentione more particularly what was the progress of this Business , and how this wicked Designe took effect . The Councel appointeth a Committee to cognosce upon the matter , signified in the Kings Letter , and to condescend upon the Ministers , judged fit and qualified for such a favour , according to the minde of the King , signified and plainly expressed in his Letter ; and upon the Paroches , to which they were to be ordered to go , & exercise their Ministrie : Whereupon the Councel enacteth as followeth . Edinbr . 27. Iuly 1669. THe Lords of his Maj. Privie Councel , in pursuance of his Majesties Commands , signified in his Letter of the 7. of Iuny last , do appoint the Persons following to preach , and Exercise the other functions of the Ministerie , at the vacant Kirks underwritten viz. Mr. Ralph Rodger , late Minister at Glasgow , to preach at the Kirk of Kilwinning , Mr George Hutcheson , late Minister in Edinburgh , at the Kirk of Irwing . Mr William Violant , late Minister at Ferrie , at Cambusnetham : Mr Robbert Miller , late Minister at Ochiltree , at the same Kirk : Mr Iohn Park , late Minister at Stanrawer , at the same Kirk : Mr William Maitland , late Minister at Whithorn , at the Kirk of Beeth : Mr Iohn Oliphant , late Minister at Stanhouse , at the same Kirk , Mr Iohn Bell , late Minister at Ardrossine , at the same Kirk : Mr Iohn Cant , late Minister at Kel● , at the same Kirk , and Mr Iohn Mc-Michen , late Minister at Dalry , at the same Kirk . Here we see Ten were appointed to the places respectively condescended upon by the Councel ; and some were appointed to preach at the Churches , out of which they had been ejected ; but this was only an accidental thing , and meerly because these Churches were at that time vacant ; as appeareth by Mr Iohn Park his disappointment , because the Prelate prevented his coming to the Kirk designed , which had been formerly his own , by thrusting in a Curat , notwithstanding of his pleading the benefite of the Act of Indemnity , in his own defence , against what was objected against him ; and thereby acknowledged himself to have been a Traitour in all his former Actings , and that all the work of Reformation was but Rebellion : And there is no difference betwixt the appointment made to them , who returned to the places , where formerly they had preached , and that appointment , which was made to others to go to other Churches . The Councel doth not so much , as verbally signifie , the Sentence of Banishment from their own Parishes by the Act of Councel at Glasgow Anno 1662. to be now annulled , as to them , whereby they had liberty to returne to their own Charges , and follow their work ; but simply enjoyneth and appointeth them to go to such a place , and there to exercise their Ministrie , as simply and plainely , as if they had never been there before : So that the appointment is one and the same , as made by the Councel , in pursuance of the Kings Letter : And all the difference , that was in their several Orders and warrands , which they received from the Councel , was in regarde of the Patrons , and of nothing else ; as may be seen by the following tenors of these Acts. Followeth the Tenor of the Acts of Indulgence , given to the several Ministers to preach , conforme to his Maj. Letter of the 7. of Iune 1669. THe Lords of his Maj. Privie Councel , in pursuance of his Maj. Commands , signified the 7. of Iune last , do appoint Mr Ralph Rodger , late Minister at Glasgow , to preach and exercise the other functions of the Ministrie , at the Kirk of Kilwinning . And thus did all the rest of this kinde run . The other did run thus . For same ekle as the Kirk of ..... is vacant , the Lords of his Majest . Privie Councel , in persuance of his Maj. command , signified by his Letter the 7. of Iune Instant ; and in regarde of the consent of the Patron , do appoint ... late Minister at ..... to reach and exercise the other functions of the Ministrie at the said Kirk of ..... Whereby we see , that these Orders make no difference betwixt such , as were appointed to their own former Churches , and others , who were appointed to other places , so that as to this , all of them received a new Commission , Warrand and Power to exerce their Ministrie , in the places designed , as if they had never had any relation unto these places before . Further , it is observable here . That these Orders and Acts of the Councel have the same Use , Force and Power , that the Bishops Collation hath , as to the exercise of the Ministrie ; and that the Ordinance of the Presbyteries used to have in the like cases : And therefore this is all the ministerial potestative Mission , wich they have unto the actual exercise of their Ministrie in these places . Thus wee see the Civil Magistrate arrogateth to himself that , which is purely Ecclesiastick , to wit , the Placeing and Displaceing , the Planting and Transplanting of Ministers ; and giving them a Ministerial Potestative Mission , which onely belongeth unto Church-Judicatories . So that these Indulged Persons may with as much right be called the Councels or Kings Curats , as others are called the Bishops Curats , whom the Prelates Collate , Place and Displace , Plant and Transplant , as they please . And wee see no regarde had unto the Judicatories of the Church , and to their power , more in the one case , than in the other ; and possibly the Prelates transportings are done with some more seeming regarde unto the power of Church-Judicatories , such as they owne under them : but in this deed of the Councel , there is not so much as a shew of any deference unto any Church-Iudicatory whatsomever ; nor is there any thing like it . It is obvious then , how clear and manifest the encroachement on the power of the Church is , that is here made . And because Magistrates have no such power from the Lord Jesus , and are not so much as nominally Church-Officers ( as Prelats in so far are , at least ) nor can act any other way , as Magistrates , than with a coactive civil power , and not ministerially under Iesus Christ ; it is manifest , that the Indulged , having this Authoritie unto the present exercise of their Ministerie in such and such places , only from the Civil Magistrate acting as such , have not Power & Authority from Christ ; for Christ conveyeth no Power and Authority in and by the Civil Magistrate , but by his own way , by Ministers of his own appointment , who act under him ministerially . And whether or not , they have not , in submitting to his way of conveyance of Power , and Authority to exerce their Ministrie hic & nunc , upon the matter renounced the former way , by which Power and Authority was ministerially conveyed unto them ; as we use to speak of such of the Prelats Underlings , who have received Collation from him , and Power to exerce their Ministrie in such and such places , where they are now placed , though formerly they were ordained and fixed by lawful Church-Judicatories , I leave to others to judge . But because it may be said , that in these foregoing Acts , there is no mention made of the Injunctions spoken of , in his Majest . Letter , to be given to all the Indulged Ministers ; Hear what was concluded and enacted by the Councel , on that same day . Edinb . the 27. of Iuly 1669. THe Lords of his Majest . Prive Councel , in pursuance of his Maj. Royal pleasure , signified to them by his Letter of the 7. of Iune last ▪ do in his Maj. Name and Authoritie , command and ordaine all such outted Ministers , who are , or shall be appointed or allowed to exercise the Ministrie ; That they constitute and keep Kirk Sessions and Presbyteries and Sy●ods , as was done by all Ministers , before the Yeer 1638. And the Councel declares , that such of them , as shall not obey in keeping of Presbyteries , they shall be confined within the bounds of the Paroches , where they preach , aye and while they give assurance to keep the Presbyteries . And also the Councel doth strickly command and enjoine all , who shall be allowed to preach , as said is , not to admit any of their Neigbour or other Paroche unto their Communions , or Baptize their Children , nor marry any of them : without the allowance of the Minister of the paroch , to which they belong , unless that Paroch be vacant for the time ; nor to countenance the people of the Neighbouring or other Paroches , in resorting to their preachings , and deserting of their own Paroch Churches . And that hereunto they give due obedience , as they will be answerable on their highest peril . And ordaines these presents to be intimate to every person , who shall by Authority foresaid be allowed the exercise of the Ministrie . We see here , that this Act , concerning the Injunctions , was made distinct from the foregoing Act of Indulgence , and these Injunctions were not expresly included or mentioned in the Act of Indulgence : And some because of this may possibly think and say , That the accepting of the Indulgence is the more justifiable . But I am not of that mind : For this dividing of these two , which were conjoined in the Kings Letter , was either done by collusion of the Indulged , or wholly without their knowledge and consent . If the former be truth , their accepting of the Indulgence is so much the more condemnable , that it was accompanied with such unfaire dealing , devised of purpose ( for no other end of this deed can be imagined ) to blindfold and deceive the simple ; whom possibly such a cheate might hoodwinke . If the latter be said , to wit , that the Indulged themselves were utterly ignorāt hereof though it is certaine , as was said above , they were not ignorant of the Kings Letter : Then I think , the first intimation made of these Injunctions unto them should have given such a discoverie of unfaire dealing , and of the Councels purpose and intention to have them in snared , that the credite of their Ministrie , the Conscience of their duty to God , and to the souls of people , the care of shunning all appearance of evil , the Command of God to give no offence , and other things considerable of that nature , should have compelled them unto a plaine and full Declaration of their sensibleness of this cheatrie , and of their unwillingness to accept of favoures , so clogged with snares . And if they had thus carried , they had approved themselves , ( otherwise than they did ) to the consciences of all Men , as lovers of upright dealing , and as such who durst not take on them the charge of souls , on such unlawful termes , nor run the errands of God , with such a Pasport . As to the Conditions themselves , I hope , even the indulged Persons themselves , are sufficiently convinced of the iniquitie of them , when ( as I hear ) they have now at length laid aside the careful observance of them : But the careful and circumspect obedience yeelded unto them at the first , is standing as a witness against them unto this day , and sheweth that however now they neglect the same , because possiblie perceiving the Councel not so earnest in pressing observance , as at the first ; yet so greedy were they of the bait of the Indulgence , that they cared not to swallow this hook with it , though it was an adding of griefe to such as had sorrow enough already ; and had in it a condemning of such , as scrupled the hearing of the Curats , and submitting to the Ordinances of Christ , administred by them . Before we proceed , it will be fit here to take some notice of that Discourse , which Mr H. had unto the Councel , in name of the rest , who were at that time Indulged with him ; for hereby we may be helped to understand , what was their sense of the Indulgence , who did receive it ; The just double of which Discourse , as it came to mine hand , I shall here set down , as followeth . I am desired , in the name of my Brethren , here present ▪ to acknowledge , in all humility and thankfulness , his Maj. Favour and Clemencie , in granting us the liberty of the publick exercise of our Ministrie , after so long a restraint from the same ; and to returne here all thanks to your L L. for the care and paines , you have taken therein : And that your L L. have been pleased to make us , the unworthiest of many of our Brethren , so early partakers of the same . We have received our Ministrie from Jesus Christ , with full prescriptions from him , for regulating us therein ; and must , in discharge thereof , be accountable to him And as there can be nothing more desirable , or refreshing to us on earth , than to have free liberty of the exercise of our Ministrie under the protection of lawful Authoritie , the excellent Ordinance of God , and to us ever most dear and precious ; so we purpose and resolve to behave our selves , in the discharge of the Ministrie , with that wisdom and prudence , that become faithful Ministers of Jesus Christ ; and to demaine ourselves towards lawful Authority , notwithstanding of our known judgment in Church-affairs , as well becometh loyal Subjects , and that from a lawful principle of Conscience . And my L L. Our prayer to God is , that the Lord would bless his Maj. in his Pers●● and Government ; and your L L. in the publick Administration ; and 〈…〉 the pursuance of his Maj. mind in his Letter , wherein his singular 〈…〉 appears ; that others of our Brethren , in due time , may be 〈…〉 of the liberty , which through his Maj. favour we now enjoy . I shall not long insist in descanting on this discourse ; seing it is so plaine and manifest an homologating of the Kings Letters ; and consequently its iniquity is so undeniable from what was formerly remarked upon that Letter , that there is no great necessitie of many moe words to that end : only it may suffice to touch on some particulars , in a few words . 1. We see hence , That these Brethren were not ignorant of the Kings Letter and of the contents thereof , when they do here acknowledge a favour and clemencie , granted unto themselves thereby . 2. Nor were they ignorant of the scope and designe of that Letter , seing they pray , that the Lord would bless the Councel , especially in the pursuance of his Maj. minde in that Letter . 3. Nor were they Ignorant particularly of the Instructions , contained in that Letter , and which were to be given unto them : as these words , with full prescriptions from him ( i.e. Christ Jesus ) to regulate us therein , do clearly show ; for by these words , as it would appear , they gave their L L. to understād , that it was not needful that these Instructions , or Prescriptions , contained in the Kings letter , should be laid before them . 4. Nor were they Ignorant , that what the Councel did herein , was by vertue of , and in full compliance with the designe of the King's Letter ; and consequently , that the King's Letter , and the contents thereof , were the onely spring and original of all this Indulgence , and of the Councels power in acting in conformity thereto , and actually granting the Indulgence ; for they thank their L L. for the care and paines , they had taken therein ; and they pray , that the Lord would blesse them , especially in the pursuance of his Maj. minde , in his Letter . 5. It is matter of astonishment to me , considering what is said , how they could acknowledge this for such an Act of favour and clemency ; And how they could say , that in this Letter , the King 's singular Moderation did eminently appear ; when from what is said , and what shall hereafter be more fully held forth , it is so notoure . That the contents of this Letter did hold forth a designe of overturning all Church-Power , as exercised by Church-Persons , and of clothing the Councel with power to impose Prescriptions , to prescribe Rules and Limitations , and to order and regulate Ministers , in the exercise of their Ministrie , as also with power to Place and Displace , Plant and Transplant Ministers , without regarde had either to the previous Call of the People , or to the Mission of any Church Judicatory ; and of subjecting of the Exercise of the Ministrie wholly unto their will and pleasure ; not to mentione the severity breathed out , in that Letter , against the Assemblings of the Lord's people . 6. It is manifest from what is already marked , that the Indulged Brethren did owne that Letter of the Kings , as the onely rise and fountaine of the favour , which they were made partakers of ; and therefore did not take the Indulgence onely from the Councel , but from the King principally , as the onely spring thereof , conveying the same to them , through the channel and medium of the Councel , who did nothing but by vertue of that Letter , and in obedience thereunto . Whence we see , that there is no ground to abstract the stream from the fountaine , or to think that these Ministers could imagine , that they were onely to notice what the Councel did , and no more ; for as they neither did this , so it were unreasonable to think they could do so . 7. They acknowledged here , that as to the liberty of the publick exercise of their Ministrie , they were onely beholden unto this Indulgence ; for , for this cause they give thanks : And thus did tacitely grant , that there ought to be no publick Exercise of the Ministrie , without liberty granted from the Magistrate ; whereby they not onely condemned all these faithful Ministers , who ventured , without that liberty granted , to preach publickly , where occasion offered in houses , or in the fields ; but they likewise condemned Christ and his Apostles , the greatest of Conventicle-keepers . So like-wise they do tacitely here grant , that when the Magistrate prohibiteth the publick Exercise of the Ministery , for longer or shorter time , he must not be disobeyed ; whereby the Magistrate hath the power yeelded to him of Suspending and Deposeing Ministers , from the exercise of their function . It is true , Magistrates can hinder the peacable publick exercise , or free publick exercise , by outward force and constraint ; but they speak not here of the freedome of peacable publick exercise , but simplie of the freedome of publick exercise of the Ministrie . Our own Church-history tels us ; how famous Mr. Bruce was cast in a fever , through terrour of conscience , for promising silence but for ten dayes , though in hopes of greater liberty . 8. It is observable here ; how thankful they are for partaking alone ( as chosen out from their Brethren ) of this favour ; whileas this very act of separating them from their Brethren , should have been a sufficient ground for them to have rejected the tendered supposed favour , seeing by the accepting thereof , in this separated way , they suffered themselves to be divided from their Brethren , contrarie to their sworn Covenants : not to speak of the stigma , they received thereby . 9. They say , That they received their Ministrie from Iesus Christ. But why was it not said , as some of them ( if I be not misinformed ) desired , onely from I. C ? When this was designedly and deliberatly left out , let all the world judge , whether in this , they carried , as faithful Ministers of the Gospel , or not : for my part , I cannot but judge , that this was a manifest betraying of the cause , and a giving up of all to the Magistrate : for hereby they declared , that in their judgements , either they had their Ministrie from others , as well as from Christ ; that is , from the Magistrate , as well as from Christ , and that in a co-equality and co-ordination ; or else that they had it not from Christ immediatly but from men , from the Magistrates , in subordination to Christ. Now neither of these can assort with truth , and with our Principles : Not the former ; for then Christ should not be sole King , but halfe , and the Magistrate should have the halfe of Christs Thron , Crown , Scepter and Glory : which were blasphemy to think . Not the latter ; for Magistracy is not subordinat in a direct line unto Christ , as Mediator ; nor hath Christ substitute the Magistrat , as his Vicar ; nor hath he given to him , as such , a ministerial power under him , to convey ministerially ( in respect of the Subjects ) or with a ministerial Authority , as his Servants , what power of Mission he giveth to his Ministers ; Magistrates , as such , act not ministerially , or with a ministerial Authority , in reference to their Subjects , but with a Coactive , Autocratorical and Architectonick Power and Authority . If it be said , that they reserved only to the Magistrate hereby , the power to grant the liberty of the free exercise ; but they meant , that they received the Ministrie it self from Jesus Christ alone . I answere , had they spoken so , we might then have understood them so . But though they had said so , the cause had been betrayed , for if they have their Ministrie from Christ alone , they must also have the free exercise of the same from him : If Christ give the Office , he giveth the power to exercise the Office : And if they depend upon others , in reference to the Exercise , they in so far rob Christ of what is his due , & hold that of men , which they should hold of Christ alone . No man needs to say here , that by this means we take away the Power of Church-Judicatories , by whom Ministers receive both the Office , and the Power of its exercise : For what Church-Judicatories do herein , they do ministerially under Christ , and Christ by them conveyeth the Office to such and such a Person , and with the Office a power to exercise it , according to the Rules of the Gospel ; and notwithstanding of this , these Officers may and must say , that they receive their Ministrie onely from Christ Jesus . But this cannot be said , if the Magistrate be substitute in the place of Church-Officers , either in reference to the Office it self , or in reference to its free Exercise ; because no Magistrate , as such , ( as is said ) acteth with a Ministerial Power , under Christ , in a right line of subordination : And therefore when they keeped out the word , onely , they did plainely declare , that they held the Ministrie partly of the Magistrate . If it be said , that they would hereby onely have reserved to the Magistrat , power to grant the Peacable Publick Exercise of the Ministrie . I would answere , that though they had meaned thus , yet they might safely and should have said , that they received their Ministrie only from Christ ; for I cannot be said to receive my Ministrie from every one , who can hinder my peacable publick exercise thereof , otherwayes I must be said to receive it , in part , from Satan and his Instruments , who can hinder my peacable publick exercise thereof . So that , use what devices men can to cover this matter , a manifest betraying of the cause will break thorow , and a receding from received and sworn Principles will be visible . 10. They said , They had full prescriptions from Iesus Christ , to regulat them in their Ministrie . Who then can justifie them , in receiving other Prescriptions from the Magistrate , and such as Christ never made mention of in his Law ; yea some where of do directly militate against Christs Prescriptions ? Doth not their receiving of these Instructions or Prescriptions , which were contained in his Maj. Letter , say , that the Prescriptions of Christ were not full ? But againe , seing they had not freedom to say , that they received their Ministrie from Christ alone , how could they say , that they had their full prescriptions from Christ ? unless they meant , that they had them not from Christ alone . And then they must say , that they had them partly from some other , and that other m●st either be the Magistrar , or Church Officers : not Church-officers ; for neither had they any call to speak of that here ; nor doth Church Officers hold forth any Prescriptions , but Christs , and that in the name of Christ. If that other be the Magistrat , than it must either be meant , Collaterally , or Subordinatly to Christ : not Subordinatly , for they are not appointed of Christ for that end ; nor do they , as Magistrats , act Ministerially , but Magisterially ; not Collaterally , For then they should have these Prescriptions equally from the Magistrates , as from Christ ; and the Magistrat should be equal and King of the Church with Christ , which is blasphemie . More might be here noted , but what is said is enough to our purpose , at present ; and what was said above needeth not be here repeated . But now we must proceed : These fore-mentioned were not all , who were that yeer indulged : For the same supposed favour was granted to others shortly thereafter , as appeareth by these Extracts out of the Register . Edinburgh , August 3. 1669. THE Persons under-written were licenced to preach at the Kirks after specified viz. Mr Iohn Scot , late at Oxnam , at the same Kirk , Mr William Hammiltoun late at Glasfoord , at the Kirk of Evandale : Mr Robert Mitchel , late at Luss , at the same Kirk : Mr Iohn Gemmil , late at Symming town at the same Kirk : Mr Patrick Campbel , late at Innerary , at the same Kirk : Mr Robert Duncanson , late at Lochanside , at Kildochrennan : Mr Andrew Cameron , late at Kilsinnan , now at Lochead in Kintyre . Edinburgh , 2. Septemb. 1669. For as much as the Kirk of Pencaitland is now vacant , by decease of Mr Alexander Vernor , last Minister thereat ; and there being some questions and legal pursuits before the Judge ordinate , concerning the right of Patronage of this Kirk : Until the decideing whereof the Kirk will be vacant , if remeed be not provided : Therefore the Lords of his Maj. Privie Councel , in pursuance of his Maj. pleasure , expressed in his Letter of the 7. of Iune last , have thought fit at this time and for this Vacancie allennerly , To appoint Mr Robert Douglas , late Minister at Edinburgh , to preach and exercise the function of the Ministrie , at the said Kirk of Pencait land . And it is hereby declared , that thir presents shall be without prejudice of the right of Patronage , according as the same shall be found and declared by the Judge ordinarie . Edinburgh , Septemb. 2. 1669. The Persons underwritten were licensed to preach at the Kirks after specified viz. Mr. Matthew Ramsey , late at Kilpatrick , to preach at Paisley : Mr Alexander Hammiltoun , late Min. at Dalmenie , at the same Kirk : Mr Andrew Dalrymple , late Min. at Affleck , at Dalganie : Mr Iames Fletcher , late Min. at Neuthcome , at the same Kirk : Mr Andrew Me-Claine , late Min. at Craigneis , at Kilchattan : Mr Donald Morison , late at Kilmaglais , at Ardnamurchant . Edinburgh , Septemb. last 1669. The Persons following were ordained to preach at the Kirks after specified ; viz. Mr Iohn Stirling , at Hounam : Mr Robert Mowat at Harriot : Mr Iames Hammiltoun at Egleshame : Mr Robert Hunter at Downing : Mr Iohn Forrester at Tilliallan with Mr Andrew Reid . infirme . Edinburgh , Decemb. 9. 1669. Mr Alexander Blair at Galstown : Mr Iohn Primrose at Queensferrie : Mr David Brown at Craigie : Mr Iohn Craufurd at Lamingtoun with Mr Iohn Hammiltoun aged and infirme : Mr Iames Vetch at Machline . Edinburgh , Decemb. 16. 1669. Mr Iohn Bairdie at Paisley with Mr Matthew Ramsey infirme . Thus we see there were this Yeer 1669. Five and Thirtie in all licensed and indulged , and ordained to preach , in the several places specified , upon the Councels Order , in pursuance of the Kings Royal pleasure . And in the following yeer , we will finde the same Order given unto and obeyed by others . But ere we proceed , it will not be amisse , that we take notice of the first Act of Parliament , holden this yeer Novemb. 16. 1669. and consequently , before the last Six were licensed . The Act is an Act asserting his Majesties Supremacy over all Persons , and in all Causes Ecclesiastical . Whereby what was done by the Councel , in pursuance of his Majesties Pleasure , signified by his Letter , in the matter of granting these Indulgences , is upon the matter confirmed and ratified by Parliament , when His Maj. Supremacy is so ampliated and explained , as may comprehend within its verge all that Ecclesiastick Power , that was exerced , or ordained to be exerced , in the granting of the Indulgence , with its Antecedents , Concomitants and Consequences : And a sure way is laid for carrying on the same designe of the Indulgence , in all time coming . The Act is as followeth . Nov. 16. 1669. THE Estates of Parliament having seriously considered , how necessare it is , for the Good and Peace of the Church and State , That his Maj. Power and Authority , in Relation to Matters and Persons Ecclesiastical , be more clearly asserted by an Act of Parliament : Have therefore thought fit it be Enacted , Asserted and Declared : Like as his Maj. with Advice and Consent of his Estates of Parliament , doth hereby Enact , Assert and Declare , That his Maj. hath the Supreame Authority and Supremacy over all Persons , and in all Causes Ecclesiastical , within this His Kingdom : And that by vertue thereof , the Ordering and Disposal of the external Government and Policy of the Church , doth properly belong to His Maj. and His Successours , as an inherent right to the Crown . And that His Maj. and His Successours may Settle , Enact and Emit such Constitutions , Acts and Orders , concerning the Administration of the External Government of the Church , and the Persons imployed in the same ; and concerning all Ecclesiastical meetings , and matters to be proposed and determined therein , as they in their Royal Wisdom shall think fit : which Acts , Orders and Constitutions , being Recorded in the Books of Councel and duely published , are to be observed and obeyed by all his Maj. Subjects ; any Law , Act or Custome to the contrary notwithstanding . Like as His Maj. with Advice and Consent foresaid doth Rescind and Annul Lawes , Acts and Clauses thereof , and all Customes and Constitutions Civil or Ecclesiastick , which are contrary to , or inconsistent with His Majesties Supremacie , as it is hereby asserted . And declares the same Void and Null , in all time coming . Concerning the Irreligiousness , Antichristianisme and Exorbitancie of this Explicatory , and ( as to some things ) Ampliatory Act and Assertion of the Kings Supremacy in Church-affairs , much , yea very much might be said ; but our present business calleth us to speak of it , only in reference to the Indulgence ; that we may see with what friendly aspect this Supremacie looketh towards the Indulgence , and with what Veneration the Indulgence respecteth this Supremacie ; to the end it may appear , how the Indulgence hath contributed to the establishment of this Supra-Papal Supremacie ; and how the Accepters thereof stand chargeable with a Virtual and Material Approbation of , and Consent to the dreadful Usurpation , committed by this Supremacie . In order to which , we would know , that this Act of Supremacy , made Anno 1669. was not made , upon the account , that the Supremacie in Church-affairs had never been before screwed up to a sufficient height , in their apprehensions ; for upon the matter , little that is material is here asserted to belong unto this Ecclesiastical Supremacie , which hath not been before partly in more general , partly in more special and particular termes , plainly enough ascribed unto this Majestie , or presumed as belonging to his Majest . In the 11. Act. Parl. 1. Anno 1661. where the Oath is framed , he is to be acknowledged , Only supreme Governour over all persons , and in all causes ; and that his Power and Iurisdiction must not be declined : So that under all Persons , and all Causes , Church-officers , in their most proper , and intrinsecal ecclesiastick Affaires and Administrations , are comprehended ; and if his Majest . shall take upon him to judge Doctrine , matters of Worship , and what is most essentially Ecclesiastick , he must not be declined , as an incompetent Judge . We finde also Act. 4. Sess. 2. Parl. 1. Anno 1662. ( which is againe renewed Act. 1. Anno 1663. ) that his Majestie , with advice and consent of his Estates , appointeth Church-censures to be infflicted for Church-transgression , as plainly and formally , as ever a General Assembly , or Synod did , in these words ; That whatsoever Minister shall without a lawful excuse , to be admitted by his Ordinary , absent himself from the visitation of the Diocess — or who shall not , according to his duty , concurre therein ; or who shall not give their assistance , in all the Acts of Church-discipline , as they shall be required thereto by the Archbishop , or Bishop of the Diocess , every such Minister ( N. B. ) so offending shall , for the first fault , be suspēded from his Office and Benefice , until the next Diocesian meeting ; and if he amend not , shall be deprived . But , which is more remarkable , in the first Act of that Second Session . Anno 1662. for the Restitu●ion and Re-establishment of Prelats , we have several things , tending to cleare how high the Supremacie was then exalted : The very Act beginneth thus , for as much as the ordering and disposal of the external Government and Policy of the Church doth properly belong unto his Majestie , as an inherent right of the Crown , by vertue of his Royal Prerogative and Supremacie in causes Ecclesiastical . This is the same , that is by way of statute asserted in the late Act 1669. In the same Act it is further said , That whatever ( this , sure , is large and very comprehensive ) shall be determined by his Maj. with the advice of the Archbishops and Bishops , and such of the Clergy , as shall be nominated by his Maj. in the external Government and Policy of the Church ( the same consisting with the standing Lawes of the Kingdom ) shall be valide and effectual . And which is more , in the same Act , all preceeding Acts of Parl : are rescinded , by which the sole and only Power and Iurisdiction within the Church , doth stand in the Church , and in the General , Provincial and Presbyterial Assemblies and Kirk-Sessions . And all Acts of Parliament or Councel , which may be interpreted to have given any Church-Power , Iurisdiction or Government to the Office-bearers of the Church , their respective Meetings , other than that which acknowledgeth a dependence upon , and subordination to the Soveraign ●●wer of the King , as Supreme , So that we see , by vertue of this Act , all Church-Power and Jurisdiction whatsomever , is made to be derived from , to have a dependance upon , and to be in subordination to the Soveraigne power of the King , as Supream ; and not to stand in the Church : Whereby the King is made only the Foun●aine of Church-power , and that exclusive ( as it would seem ) even of Christ ; Of whom there is not the least mention made ; and for whom is not made the least reserve imaginable . So in the 4. Act. of the third Session of Parl. Anno 1663. For the Establishment and Constitution of a National Synod . We finde it said , that the ordering and disposal of the external Government of the Church , and the nomination of the Persons , by whose Advice , Matters relating to the same are to be setled , doth belong to his Maj. as an inherent right of the Crown , by vertue of his prerogative R●yal and Supream Authority in causes Ecclesiastical . And upon this ground is founded his power to appoint a National Synod ; to appoint the only consti●uent Members thereof , as is there specified ; to call , continue and dissolve the same , when he will ; to limit all their Debates , Consultations and Determinations to such matters and causes , as he thinketh fit ; and several other things there to be seen . Seing by these Particulars , it is manifest and undeniable , that this Ecclesiastick Supremacie was elevated presumptively before the Year 1669. to as high a degree , as could be imagined ; It may be enquired , why then was this Act made Anno 1669 ? I answere . This act ( so I conceive ) was not framed so much to make any addition to that Church power , which they thought did Iure Coronae belong orginally and fundamentally unto the King ; for that was already put almost beyond the reach of any additional supply , though not in one formal and expressive Statutory Act : As to forme the same , when screwed up to the highest , into a plaine and positive formal Statute , having the force of a Law , for all uses and ends ; and particularly to salve , in point of Law , the Councel in what they did , in and about the Indulgence , according to the desire and command of the King in his Letter , in rega●rd that the granting of this Indulgence , did manifestly repugne to and counteract several anteriour Acts of Parliament , and was a manifest breach and violation of Lawes , standing in full force , and unrepealed ; which neither their place , nor his Maj. could in Law warrand them to do , by his Letter , That the granting of the Indulgence did thus in plaine termes repugne to standing Lawes , I thus make good . In the Act of Rëstitution of Prelates Anno 1662. Prelates are restored unto the exercise of their Episcopal function , Presidence in the Church , power of Ordination , Inflicting of Censures , and all other Acts of Church Discipline . And as their Episcopal power is there asserted to be derived from his Maj. so withal it is expresly said , that the Church-power and jurisdiction is to be Regulated and Authorized , in the Exercise thereof by the Archbishops and Bishops ; who are to put order to all Ecclesiastical matters and causes , and to be accountable to his Maj. for their administrations . Whence it is manifest , that the King alone , or with his Privie Councel , cannot put order to Ecclesiastical matters and causes , or exerce Church-Power and Jurisdiction , without a violation of this Law , and manifest controlling of it . And further in the 4. Act of that same Second Session of Parliament it is expresly ordained , that none be hereafter permitted to preach in publick or in families within any diocess ; — without the licence of the Ordinary of the Diocess . So that this licence and permission , granted to the Indulged by the Councel , to preach and exercise the other parts of their function , being without the licence of the Bishops , is manifestly contrary and repugnant to this Law. Moreover Act 1. in the third Session Anno 1663. we have these words . And the Kings Maj. having resolved to conserve and maintaine the Church , in the present State and Governmēt hereof by Archbishops & Bishops ▪ and others bearing Office therein ; and not to endure , nor give way or connivace to any variation therein , in the least ; doth therefore , with advice and consent of his Estates , conveened in this third Session of his Parliament , Ratifie and Approve the afore mentioned Acts , and all other Acts and Lawes , made in the two former Sessions of Parliament , in order to the settling of Episcopal Dignity , Iurisdiction and Authority within the Kingdom , and ordains them to stand in full force , as publick Lawes of the Kingdom , and to be put to further execution , in all points , conforme to the tenor thereof . Here is a further Ratification and Confirmation of the Lawes mentioned , and the Councel hereby yet more firmely bound-up from emitting any Acts or Edicts , contradictory to , and tending to weaken and invalidat the publick standing Lawes of the Kingdom . And , which is yet more considerable , in the following words of this same Act , the effectual putting of these Lawes in execution is specially , and in terminis , recommended by King and Parliament , unto the Privy Councel , after this manner . And in pursuance of his Maj. Royal resolution herein , his Maj. with advice foresaid , doth recommend to the Lords of his Maj. Privie Councel , to take speedy and Effectual Course , that these Acts receive ready and due Obedience from all his Maj. Subjects ; and for that end that they call before them all such Ministers , who having entred in or since the Yeer 1649. and have not as yet obtained Presentations and Collations as aforesaid , yet darred to preach in contempt of the Law ; and to punish them as seditious persons , and contemners of the Royal Authority . As also that they be careful , that such Ministers , who keep not the Diocesian meetings ▪ and concurre not with the Bishops , in the Acts of Church-Discipline , being for the same suspended or deprived , as said is , be accordingly after deprivation , removed from their Benefices , Gleebs and Manses . And if any of them shall notwithstanding offer to retaine the Possession of their Benefices or Manses , that they take present Course to see them dispossest . And if they shall thereafter presume to exercise their Ministrie , that they be punished , as seditious Persons , and such as contemne the Authority of Church and State. Now , notwithstanding of this express reference and severe recommendation , we know , that in the matter of the Indulgence , they were so far from punishing such , as had not obtained Presentations and Collations , and yet had continued to preach , and exercise their Ministrie ; that in perfect contradiction to this Injunction of King and Parliament , and other forementioned Acts , they licensed , warranded and impowered some such , as by Act of Parliament were to be punished as seditious Persons , and contemners of Authority of Church and State , to preach publickly , and to exercise all other parts of their Ministrie , and that upon the sole warrand of the Kings Letter , which cannot in Law warrand and impower them to contraveen express Lawes , and Acts of Parliament ; and not only to disobey the Injunctions of Parliament , but in plaine termes to counteract and counterwork the Established and Ratified Lawes ; and so to render them null and of no effect . Whence we see , that there was a necessity for the Parliament An. 1669. to do something , that might secure the Lives and Honours of the members of Councel , in point of law , in granting of that Indulgence , which was so expresly against law , and which the two Arch-Prelates , members of Councel , would never give their assent unto , as knowing how it intrenched upon the power granted to them , and the other Prelates , confirmed by Law ; and so was a manifest rescinding of these Acts and Lawes . And though this might have been done by a plaine and simple Act , approving and ratifying what the Councel had done , in compliance with his Maj Royal Pleasure , and authorizing them in time coming , to pursue the ends of the same Letter further , with a non obstante of all Acts , formerly made in favoures of Prelates and Prelacie : Yet it is probable , they made choise of this way of explaining , by a formal and full Statute and Act of Parliament , the Supremacie , in these plaine , full and ample termes , wherein we now have it ; that thereby they might not only secure the Councel , but also make the Kings sole Letter to the Councel , in all time coming , a valid ground in Law , whereupon the Councel might proceed , and enact and execute , what the King pleased in matters Ecclesiastick , how intrinsecally and purely such soever ; without so much , as owning the corrupt Ecclesiastick medium or channel of Prelacy : And withal it might have been thought , that such an act , so necessary for the legal preservation of the Indulgers , and consequently of the Indulged , in the enjoyment of the Indulgence , would go sweetly down with all the Indulged , and such as gaped for the like favour , howbeit so framed , as that it was not very pleasant , at the first tasting : For it cannot be rationally supposed , that such , as are pleased with their warme dwellings , will cast out with the walles & roof of the dwelling , without which they would enjoy no more warmness than if they were lodging beside the heth in the wilderness : And who could think , that any indulged man could be dissatisfied with that , which was all and only their legal security , and without which , they were liable to be punished as seditious persons , and as contemners of Authority , even for preaching by vertue of the Indulgence , according to Lawes standing in force unrepealed ? Whence also we see , what a faire way was made unto this Act of Supremacy , by the Indulgence ; and how the Indulgence is so far beholden unto this Act , that it can not stand without it , nor the persons Indulged be preserved from the lash of the Law , notwithstanding of all that was done by the Councel : And thus these two are as twines , which must die and live together ; for take away the Act of Supremacy , and the Indulgence is but a dead illegal thing . We may also see ; what to judge of this illegal and illegitimat birth , that cannot breathe or live , where Law reigneth , without the swedling clothes of such a Supremacy , nor can stand but as upheld by such an Anti-christian Pillar . We may also see here , that the very embraceing of the Indulgence was , upon the matter , a recognition of this Power in the King , to do in and by his Privy Councel , in Church-matters , what he pleased , even though contrary to antecedent Acts of Parliament ; and that such as are so satisfied with the effect , to wit , the Indulgence , cannot but comply with the cause , to wit , the Supremacy , as asserted in this Act ; as the man that hath a complacencie in drinking of the streames , cannot be displeased with , but delight in the fountaine , from whence they proceed . If any of these Brethren had received the same Indulgence from the Prelates immediatly , had they not thereby complyed with the Prelates , homologated their Power , and plainely assented and submitted thereunto ? Yea , had they not in this assented also mediatly unto the Supremacy , seing all the Prelats Power did flow from the Supremacie ? And shall they not now much more be looked on , as homologating the Supremacie , and as assenting thereto , when they receive the Indulgence , that immediatly floweth therefrom , and must be vindicated and defended solely by the asserting thereof ? How is it imaginable that I can receive a favour , and not homologate , assent to and acquiesce in that Power , that gave it , when the asserting of that Power , is the only mean to keep me in legal possession of the favour received ; But now , for further confirmation of what is said , let us take a view of the Act of Supremacy it self , and there see a ground laid of sufficient warrādice for the Council , in what they did , in granting the Indulgence ; and also be able to read the Indulgence it self out of the Supremacie , as here asserted ; and for this end , it will be sufficient for us , to take notice only of the last words thereof , where it is said . And that his Maj. and his Successours may Settle , Enact and Emit such Constitutions Acts and Orders , concerning the administration of the external Government of the Church , and the Persons imployed in the same , and concerning all Ecclesiastical Meetings and Maters , to be proposed and determined therein , as they in their Royal wisdom shall think fit : which Acts ▪ Orders and Constitutions , being recorded in the books of Councel , and duly published , are to be observed and obeyed by all his Maj. Subjects . Before this time , as we heard , all Acts , Orders and Constitutions , concerning Church-affairs , Church-meetings ; and Church-administrations ; were to be put in execution by the Prelates , impowered by the Supremacie unto this end : And what was lately done in the matter of the Indulgence , was done by the Councel , and not by the Prelates , and therefore contrary to law : whereupon , that this deed may be valide in law , it is here asserted , that the King , by vertue of his Supremacie , may Emit what Acts , Orders and Constitutions , he , in his royal wisdome , thinketh fit , and after what manner he pleaseth ; and so , if he will , may order and dispose of all Church-administrations , Ecclesiastick Persons , Church-meetings and matters , by himself immediatly , or by his Councel ; yea or by his lackeys ; so that if the Lawes , Constitutions , Acts and Orders , concerning these Matters , Meetings , Persons and Administrations , be signified to the Councel , by Letter , or any other way , and be recorded in their books , and duely published , ( which they must doe whensoever required ) they must be obeyed and observed by all Subjects : Now this power being asserted to belong to his Maj. as an inherent right of the crown , no deed of gift ▪ formerly granted to the Prelats , could weaken or diminish it ; and therefore nothing done of late by the Councel , in granting of the Indulgence , according to his Maj. will and pleasure , signified by his Letter Iuny 7. 1669. can prove prejudicial unto the said PrivieCouncel , they doing nothing but what was consonant unto the Kings Supremacie , here more clearly asserted , and not granted of new , save in the forme of a formal Statute and law asserting the same . Yet notwithstanding , for the more security , ( for abundance of Law breaks no Law ) it is added in the Act. ( as we see ) Any Law , Act or Custom to the contrary notwithstanding . And moreover they rescind and annul all Lawes , Acts and Clauses thereof , and all customs and constitutions , Civil or Ecclesiastick , which are contrary to and inconsistent with his Maj. Supremacie , as it is hereby asserted ; and declare the same void and null in all time coming : According to the usual course and manner . As to the other particular , we may see the native feature and lineaments of the Indulgence , in the face of the Supremacie , so manifestly , that none who see the one needs question the intimate Relation , that is betwixt them . We see it now asserted as belonging to his Maj. Supremacy , in Church-affairs , tha● he may Settle , Enact and Emit what Acts , Constitutions and Orders , he thinketh good , whether concerning Church-Administrations , or Church-meetings , or Church-matters , or Church-Officers ; and that there needeth no more to make these Lawes , to be obeyed and observed by all the Subjects , but the recording of them in the books of the Councel , and duely publishing of them . Now , as we saw above , in the Kings Letter , concerning this Indulgence , there areConstitutions , Acts and Orders emitted and setled concerning Church-administrations , shewing what shall not be preached under the paine ofCensure : whoseChildren may be baptized , whose not : who may be admitted to hear the word , and who not . Concerning Church-persons ; who shall be accounted qualified for preaching , who not : who shall be accounted fit for the charge of such a flock , and who for the charge of another : Such and such Ministers are ordained to go to such or such Congregations , not by vertue of a Call of the people , but meerly by vertue of the Councels designation . Concerning Church-meetings , They are appointed to keep Diocesian Visitations , or Synods , and to resort to Prelats Exercises , though the Prelates look not on them as sutable company . So it is ordained , whom they are to marry and whom not . In a word , let any but compare the Kings Letter with this part of the Act of Supremacie , and he shall be forced to say , that the Letter is nothing but the Supremacie exemplified and put in practice . Hence it is manifest , that no man can submit to , and accept of the Indulgence , but he must eo ipso submit to & accept of such Constitutions , Acts and Orders , as did constitute , qualifie , and limite the same ; for the Effect includeth the Causes Constituent and Discriminating . And again , no man can submit to and accept of Constitutions , Acts and Orders , flowing from a power , but they must eo ipso recognosce that Power to be properly residing in the person , giving forth these Acts and Orders ; or grant , that he is vested with that power : and seing it is plaine from the Act of Supremacie it self , that such Constitutions , Acts and Orders , so given in Church-matters , and about Church Persons , as these were , whereby the Indulgence was midwif'd into the world , do flow from the Supremacie ; it is also manifest , that no man can accept of the Indulgence , as so and so conveyed , as it was , but they must withall virtually , implicitly , and interpretativly at least though yet really and consequentially ) acquiesce , & submit unto , and acknowledge the Supremacie , in so far , as concerneth the matter of the Indulgence , and the Acts , Orders a●● Constitutions , ●●erein comprehended . I am , in all this , far from thinking , that these Indulged brethren did formally and expresly Owne , Acknowledge , Acquiesce in or Approve of the Ecclesiastick Supremacie , in and by their accepting the Indulgence ; or that they had any such Intention therein , as to make way for , approve of , or to confirme the said Supremacy . No : I am only shewing what is the native consequence thereof , and inevitablie followeth thereupon ; and what consequentially they may and ought to charge themselves with , and others , not without ground , account them interpretatively guilty of ; and what a Conscience , when rightly awakened and illuminated , will challenge them for ; and the Posteritie will think they have failed in , and many now a dayes are stumbled by , or induced to stumble upon the occasion of : not to mention the designe of the Contrivers , which yet , when known and discovered , may occasion yea and cause a sad and wakening reflection ; Nor yet to mention , what afterward , upon several occasions was discovered , of which more afterwards , and which might have been sufficient to have made some bethink themselves , and search more narrowly what they had done , and give glory to God by turning out of such dangerous , and so many wayes scandalous and offensive pathes . Having thus briefly spoken of the Supremacie , as relating to and friendly corrosponding with the Indulgence , its native daughter , we now proceed in our History , and shall show , who were Indulged even after this Act of Supremacie was thus made and published : And of these we have found already five or six licensed , that same yeer , within a moneth or thereby after the Parliament , ( which gave us such a full , and large explication of the Supremacie , ) sat down . But we proceed to the following yeers . Edinbr . 27. 1670. Mr Alexander Wedderburn at Kilmarnock . Edinb . March. 3. 1670. Mr Iohn Lauder at Dalzel : Mr George Ramsey at Kilmars : Mr Iohn Spadie at Dreghorne . Mr Thomas Black at Newtyle : Mr Andrew Mc claine at Killaro and Kilquhanan : Mr Andrew Duncanson at Kilchattan in Lorn . Thus we have this yeer seven moe ; in all fourtie three . Towards the beginning of the next year , there is a Proclamation of the Privie Councel , re-inforcing the punctual observation of the forementioned Injunctions , delivered unto the Indulged ; after this forme . Edinb . Ian. 26. 1671. For as much as the Lords of his Maj. Privie Councel , in pursuance of his Maj. Royal pleasure , signified to them by his Letter the 7. of Iun. 1669. did by their Act of the 27. of Iuly 1669. Ordaine all such outted Ministers , as should be allowed to exercise the Ministrie , to keep Kirk Sessions , and keep Presbyteries and Synods , as was done by all Ministers , before the Year 1638. And did declare , that such of them , as should be allowed to Exercise the Ministrie , and should not obey in keeping of Presbyteries , should be confined within the bounds of the Paroches , where they preach , aye and while they give assurance to keep Presbyteries . And the saids Lords being informed , that hitherto Obedience hath not been given to the foresaid Act of Councel : Do therefore command and require all and every one of these Ministers , allowed to preach by order of Councel , to keep Presbyteries in time coming . And do hereby confine all these , who shall not give Obedience in keeping Presbyteries , within the bounds of the respective Paroches , where they preach . And ordains Extracts of this Act to be sent to every one of the saids Ministers , that none of them pretend ignorance . How or what way this Injunction was observed , I am not much concerned to enquire . Onely the Reader would know , that the Presbyteries now , and before the year 1638. were not the same ; so that however honest Ministers did observe those ; yet no honest man could , with a good Conscience , keep these meetings now ; because before the year 1638. Presbyteries had never been discharged , or removed : Howbeit many complied with the Prelates then , and frequented these meetings , yet good men keeped their Possessions ; only the Synods then were so far changed into Episcopal Visitations , that several honest men had not peace and freedom in going to them . But in our Dayes , Presbyterian Government was plucked up by the roots , and wholly cast away : And there was no Presbytery or Synod , but what was purely Episcopal , depending upon him , and recognosceing his Power . Whence we see , that by this Injunction , a compliance with Prelacy was designed . And I suppose , such of those Indulged Ministers , as had not freedom in Conscience to yeeld obedience unto this command , thought that by compliance herewith they should have Homologated the Prelats Power , and abjured Prelacy , notwithstanding that they were obliged by the Command of God , to hold such meetings for the exercise of Discipline , according to the Patterne of the New Testament , if such circumstances had not made it sinful in them : Why then might they not also have judged it unlawful for them , to have accepted of the Indulgence , as homologating the Magistrat's usurped Supremacie , and abjured Erastianisme , notwithstanding of their Obligation to preach the Gospel ? Why did not the Obligation to observe Presbyterial Assemblies , for the Exercise of Discipline , make them willing to step over the inconvenience of Prelacie , without acknowledging of which they could not keep these meetings hic & nune ; as they supposed their obligation to preach the Gospel did warrand them to step over the inconveniencie of Erastianisme , without acknowledging of which they could as little preach hic & nune ; Especially seing if they observed not these Presbyteries and Synods , they could observe none : But though they preached not in these places designed by the Indulgers , they could have preached elsewhere , with as much Glory to Christ , Good to souls , Edification of the whole Body , and Peace in their own mindes , if not more . I see not , how they , who scrupled not at preaching , though , as circumstantiated , attended with abjured Erastianisme , could rationally scruple the Exercise of Presbyterian Discipline , though , as circumstantiated , attended with abjured Prelacy . Yea , I think there was less ground for scrupling this of Discipline , than for scrupling that of Preaching ; because , as I said , they could have preached without the Erastian Indulgence , & that to much more advantage , as experience hath proved in others ; But they could not have exerced Discipline , such I meane as used to be exerced in Presbyteries and Synods , without the Prelates Courts . We have now seen the Progress of this device of the Indulgence , contrived mainely to suppress and keep down the Meetings of the Lords people in houses , and in the fields , which were the eye-sore of the Rulers , and which they were seeking to destroy by all meanes : As appeareth by that grievous Act of Parlia . made against them August 13. 1670. with the Act against Baptismes August 17. 1670. and that made August 20. 1670. against withdrawing from publick meetings ; all tending to this End. But notwithstanding of all th●se Midianit ish wiles , and cruel Acts , such was the presence of the Lord in the Assemblings of his people , and so powerful was the Operation of his Spirit with the laboures of a few , who laid out themselves to hold up the Standart of Christ , though contrary to the Law of men ; that the number of converts increased and multiplied daily , to the praise of the glory of Gods free grace , and to the great Encouragement of the few hands , that wrestled through all humane discouragment . Therefore our Rulers cast about againe , and fall upon another device , which they supposed would prove effectual for destroying the work of the Lord ; which was this . Besides the Ministers Indulged , as said is , there was a great company of Non-conforme Ministers , not yet Indulged , who they supposed either did , or might thereafter hold Conventicles ( as they are called ; ) and therefore to remeed or prevent this in time coming , they appoint and ordaine them to such and such places , where Indulged Ministers were setled , there to be confined , granting them liberty to preach , and exercise their Ministery there , according as the Indulged men would allow and imploy them ; or of new Indulging them by pairs , and appointing to places ; thinking by this meanes to incapacitate so many Ministers from holding of Conventicles or private meetings there , or else where : All which will be clear by the Acts of Councel , which follow . Halyrudhouse Septembr . 3. 1672. THe Lord Commissioner his grace and the Lords of his Majesties Privie Councel , considering the Disordres , which have lately been by the frequent & numerous Conventicles ; and being willing to remeed so great an evil , in the gentlest manner that could be thought on ; and his Maj. Commissioner being sufficiently instructed herein . They do order and appoint the Ministers after-named , outted since the yeer 1661. to Repaire to the Paroches following , and to remaine therein confined , permitting and allowing them to preach and exercise the other parts of their Ministerial function , in the Paroches , to which they are , or shall be confined by this present Act , and Commission after specified , viz. In the Dioces of Glasgow . In Egelsham Paroch , with Mr Iames Hammilton , Mr Donald Cargil . Paislay , with Mr Iohn Bairdy , Mrs William Eccles and Anthony Shaw. Neilstoun . Mrs Andrew Miller and Iames Wallace . Kilmakolme , Mrs Patrick Symson , and William Thomson . Kilbarchan , Mrs Iohn Stirling and Iames Walkinshaw . Killiallan , Mrs Iames Hutcheson and Alexander Iamison . Irwing . Newmiles , Mrs Iohn Burnet and Georg Campbel . Phinick , Mrs Thomas Wyllie and William Sheil . Stewartoun , Mrs William Castellaw , Andrew Hutcheson and Andrew Mortoun . Dunlop , Mrs Gabriel Cuninghame and William Meine . Larges , Mrs Iohn Wallace and Alexander Gordoun . Kilbride , Mrs Robert Boid and Gilbert Hammiltoun . Comray , Mrs Archbald Porteus and Iohn Rae . Kilminning , with Mr Ralph Rodger , Mr Robert Fleming . Irwine , with Mr Georg Hutcheson , Mr Iohn Law. Kilmarnock , with Mr. Alexa. Wederburn , Mrs Iames Rowat and William Hay . Kilmares , with Mr Georg Ramsey , Mr Iohn Parke . Dreghorn , with Mr Iohn Spading , Mr Iames Donaldson . Beith , with Mr William Maitland , Mr William Creightoun . Kilbirnie , with Mr William Datlidafe , Mr Patrick Anderson . Ardrossine , with Mr Iohn Bell , Mr Iames Bell. Air. Cultoun , Mr William Fullertoun . Riccartoun , Mrs Hugh Campbel and Hugh Crawfurd . Dundonald , Mrs Iohn Osburne and Iohn Hutcheson . Machline , with Mr Iames Veitch , Mr Robert Archbald . Ochiltrie , with Mr Robert Miller , Mr Patrick Peacock . Gastoun , with Mr Alexander Blair , Mr Adam Alison . Cragie with Mr David Broun , Mr Robert Maxwel . Dalganie , with Mr Andrew Dalrumple , Mr Iohn Campbel . Symentoun , with Mr Iohn Gemil Mr Francisce Irwing . Kircudbreight . Carsfairne , Iohn Semple , and Mr William Erskine . Kelles with Mr Cant , Mr Georg Wauch . Dalry , with Mr Iohn Mc Michen , Mr Thomas Thomsoun . Balmaclellan , Mrs Iames Lawrie and Thomas Vernor , in place of Iohn Ros , when he shall be transported to Staniekirk . Hammiltoun . Avendale , Mrs Iames Hammiltoun and Robert Young. Glasford , Mrs William Hammiltoun and Iames Nasmith . Shots , Mrs Iames Curry and Alexander Bartoun . Dalserfe , Mrs Thomas Kirkaldy and Iohn Carmichel . Stanihouse , with Mr Iohn Oliphant , Mr Matthew Me Kell . Cambushnethen , with Mr William Violand , Mr Robert Lam. Dalzel , with Mr Iohn Lauder , Mr Thomas Melvil . Lanerk . Carlouk , Mrs Alexander Livingstoun , and Peter Kid , now at Carlouk . Carmichel , Mrs Iohn Hammiltoun , and William Sommervail . Culter , Mrs Anthonie Murray and Robert Lokhart . Lamingtoun , with Mr Iohn Crawfurd , Mr William Baillie . Lesma●ago , with M● Thom. Lawrie a regular incumbant , Mr Iames Brotherstons Carstairs , Mrs Iames Kirktoun and Iohn Greg. Linlithgow . Westealder , Mrs Iohn Knox and William Weir . Burrowstouness , Mrs Robert Hunter and Iohn Ingles . Lothian , &c. Lintoun , with ●r Robert Elliot , Mr Robert Elliot , his Son. Oxnam , with Mr Iohn Scot , Mr Hugh Scot. Hownam , with Mr Iohn Stirling , Mr ..... Ker. Argyle . Killerne , Mrs Iohn Cunninson , and Alexander Mc Claine . Kilfannan , Mr Iohn Cameron . Campbeltoun , Mrs Duncan Campbel and Edward Keith . Kilchattain in Lorn , Mrs Iohn Duncanson and Alexander Mc Claine . Knapdail with Mr Dougal Campbel a Regular Incumbent , Mr Duncan Campbel . South Kyntire , Mr David Sympson . And yet notwithstanding of the said confinement , the Lord Commissioner his grace , and Lords of his Maj. Privie Councel , give full power , warrand and commission to the Lord Chancellovr , the Lord Duke of Hammiltoun , the Earles of Argyle , Tweddale and Dundonald , The Lords President of the Session , Register , Treasurer Depute , and Justice-Clerk , with the Bishop of the Diocess , wherein the saids Ministers are confined , or any foure of them , within the space of Six Moneths after the date hereof , to alter and change any of the Persons foresaids from any of the saids Paroches , to another of those Paroches ; or to allow and confine other Persons in their place ; They alwayes pitching in the first place upon some outted Ministers from that Diocess , wherein the Paroches , to which they are to be confined , dolye : And allowing none to preach , who were outted before the yeer 1662. or being outted since the yeer 1661. are under ●ertifications , or sentences of any Court of this Kingdom : With power to the said Commissioners and their quorum , to confine to and allow outted Ministers , as said is , in the Paroches of Tarboltoun , Barnweel , Stevenson , Lochguenoch , Inchanen and Mearns : and that so soon as the present Incumbents in these Paroches shall be provided , and transported to other Kirks . Recommending to Patrons , to give them Presentations at Kirks that shall vaik ; and particularly to ....... Patron of the Kirk of Gallouwsheils to give a Presentation thereto Mr Alexander George . To ..... Patron of the Kirk of Burghtoun , to present thereto Mr William Naismith . To ...... Patron of the Kirk of Maclue , to present thereto Mr Robert Kincaide . To ..... Patron of Grainae , to present thereto Mr ... Stewart . And for the Intertainment and maintenance of the Ministers foresaids , confined and allowed by this Act , and of these formerly indulged by the Councel : The saids Lords do think fit , that the halfe of the Stipends of the Respective Paroches , wherein they are confined , of the Crope and Yeer of God 1672. be payed to the Ministers , formerly indulged therein ; and that the other halfe of the said stipend be equally devided amongst or betwixt these formerly , and now allowed to preach in the saids Paroches . The saids whole stipends , receiving in the future Division proportionably , according to the number of Persons formerly and now allowed to preach therein . And where there was no Person formerly indulged , the third part of the stipend of the yeer 1672. is to be payed to these confined and allowed by this present Act , in the respective Paroches foresaids . And in case any of the Ministers foresaids shall not serve ; as they are allowed by this Act or Commission foresaid ; their proportion of the said stipends are to be holden as vacant , and to be imployed , conforme to an Act to be made in this Session of Parliament , anent the disposal of the Vacant Stipends . And ordaines letters to be directed , at the Instance of the several Ministers foresaids , serving as said is , against these liable for payment of their proportions of the saids stipends . And the Lord Commissioners Grace , and Lords of his Maj. Privie Councel considering the extent of the Indulgence given by this Act , and that if the same should be any further enlarged , the regular Ministers might be discouraged , and the orderly and peacably disposed people of this Kingdom disquieted ; do declare that hereafter , they are not to extend the said Indulgence , in favours of any other people , or to any other Paroches , than to those mentioned in this Act ; nor to allow outted Ministers to preach in any Kirks , not herein expressed , and wherein there are not already Ministers allowed to preach by this Act. Thus we see this Indulgence very far extended , and as far as the Counsel minded to extend the same , in all time coming : But you will say , we hear of no Orders , Instructions and Prescriptions , given unto them , whereby they were to be regulated in the exercise of their Ministrie , as others formerly allowed and licensed were . Therefore in order to this , there is an Act of Councel , of the date of the foresaid Indulgence , to this effect . WHereas by an Act of the date of thir presents , and by former Acts of Councel , diverse Ministers ou●ted since the Year 1661. have been and are warranted and licensed , to preach at certaine Kirks , therein specified ; and it being necessare for the better keeping of good Order , that the Rules following be observed by these Ministers indulged , by an Act of the date of thir presents , and these Indulged by former Acts of Councel . Therefore the Lord Commissioners Grace , and the Lords of his Maj. Privie Councel do enjoine the punctual and due observance thereof to the saids Ministers , as they will be answerable . 1. That they presume not to marry or baptize , except such as belong to the Paroch , to which they are confined , or to the neighbouring Paroches vacant , or wanting Ministers for the time . 2. That all Ministers indulged in one and the same Diocess , celebrate the Communion upon one and the same Lords Day , and that they admit none to their Communions belonging to other Paroches , without restificats from the Ministers thereof . 3. That they preach only in these Kirks , and not in the Church-yards , nor in any place else ; under the paine , to be repute and punished as keepers of Conventicles . 4. That they remaine within , and depart not forth of the Paroch , to which they are confined , without license from the Bishop of the Diocess only . 5. That in the exercise of Discipline , all such cases , as were formerly referable to Presbyteries , continue still in the same manner ; and where there is no Presbyterial meeting , that these cases be referred to the Presbyterie of the next bounds . 6. That the ordinary dues , payable to Bursers , Clerks of Presbyteries and Synods , be payed by the saids Ministers , as formerly . And that the saids Ministers may have competent time for transporting of their families , and disposing upon their goods , The saids Lords suspends their confinement for the space of three moneths , to the effect , in the mean time , they may go about their affairs , providing that during the time of the said Suspension , they do keep and observe the rest of the Orders and Instructions foresaids , and other Acts , made anent outted Ministers . There was another act of Councel made this same day , concerning all the rest of the outted Ministers , nor as yet by name Indulged and licensed , and concerning some newly ordained , as followeth . Halyroodhouse , Septemb. 3. 1672. THe Lord Commissioner's Grace and the Lords of his Maj. privie Councel , considering that by the Act of the date of thir presents and former Acts of Councel , certaine Ministers outted since the Yeer 1661. are confined in manner ther●in contained ; and that there are remaining diverse of that Number not disposed on by the said Act , it ought also to be provided , that these may not give scandal to any , by with drawing themselves from the publick worshipe , in the Kirks of these Paroches , where they reside , nor ensnare others to do the like by their practice and example ; do therefore give order and warrant to Sheriffs , Baylies of Regalities , Baylies of Baylieries , and their respective Deputes , and Magistrats within Brughs , to call and conveen before them all outted Ministers since the Yeer 1661. And not disposed on as said is , and who are not under a sentence or censure of State , resideing in the respective jurisdiction or bounds , or who shall in any time thereafter reside therein , to require them to hear the word preached , and communicat in the Kirk of those Paroches , where they dwell or repaire to ; or dwell in some other Paroches , where they will be ordinary Hearers and Communicat ; and to declare their resolution herein ; and condescend upon the Paroches , where they intend to have their residence , and hear the word and Communicate : with power to the said Sherifs and other Magistrats foresaids to seize upon and imprison their Persons , within the space of a Moneth after they should be so required . And in case any of the said Ministers shall reside in the Paroch , where there are Ministers indulged by the Councel , they are hereby warranted and allowed to preach in the Kirks of those Paroches , where they reside , upon the Invitation of the Minister therein confined and allowed ; and not else . And whereas some within the Kingdom , without any lawful Authority or Ordination , take upon them the calling of the Ministrie , preach and do other Acts , peculiar to those of that function ; and considering that such Presumption and Intrusion upon the sacred O●fice , tend to the Disordering and Disquieting of the Church and Kingdom . Therefore the Lord Commissioner's Grace , and the L L. foresaid of his Maj. Privie Councel do enjoyn the said Sheriffs and other Magistrates foresaids , within the respective bounds , to make search for , and seize upon and imprison such , upon tryal that they have exercised the Office of a Minister : To acquaint the Councel of their Names and place of their Imprisonment , that such course may be taken with them as they shall think fit . And further , the said Sheriffs are ordained and commanded to enquire , how the Ministers , confined and allowed to preach in their several Jurisdictions , do obey the Rules prescribed to them , and contained in another Act of Councel , of the date of thir presents , and whereof extracts are to be sent to the several Magistrates foresaid , who are hereby appointed to report to the Councel there anent , every six moneths , and betwixt and the first of june next their diligence in the execution of the order , contained in the Act , certifying them , that if they shall be negligent or remisse in the execution of the orders , given to them herein , or falzying to give in the said account , they shall be proceeded against and censured , according to their demerites . By this Act we see what course was laid down to have all the outted Ministers cantonized , and brought under restraint , that so the Word might also be under bonds , and restricted to these bounds , to which they had been pleased to extend the Indulgence . We see also , how the Councel looked upon such , as had been ordained , but not by Prelates , and how they were to be persecuted by their Order . We see also , how the ministery of those , who were thus to confine themselves in places ; where Indulged men were , is restricted by their Prescriptions , in its exercise . But by the preceeding Act of Indulgence , we saw a number of Ministers Indulged . who were to repaire to the several places specified ; and to this end every one of them were to receive their own particular Act or Summonds , to this effect . Halyroodhouse Septemb. 3. 1672. THe Lord Commissioner's Grace and the Lords of his Maj. Privie Councel , considering the disorders , which have lately been by frequent and numerous Conventicles , & being willing to remeed so great an evil in the gentlest manner could be thought on : and his Maj. Commissioner being sufficiently instructed herein . They do hereby order and appoint ... to repaire to the Paroch Kirk of ... and to remaine therein confined , permitting and allowing him to preach , & exercise the other parts of the Ministerial function in the said Paroch , with ... formerly Indulged . But where no Minister had been formerly Indulged , this last clause was left out . As also there was sent alongs with this act to every one of them an extract of the Councels Instructions , of the date thereof . Here we see the Former Injunctions renewed , and pressed on all , formerly and now of late indulged ; and moreover we finde some new Injunctions superadded , to wit , concerning the time of their celebrating of the Lords Supper ; of purpose to hinder the greater Good and Edification of the people , who used to go to other Churches , than their owne , to partake of that Comforting and Strengthening Ordinance ; Whereby also an insupportable yock was put upon their necks , to celebrat the Sacrament at times ( as to some in particular possiblie ) most unseasonable , when neither they nor their people were in case , and when the season of the year might prove an impediment in Landward Kirks , though none to Towns. And further they are injoined not to preach without the Walls of the Kirk , nay not so much as in their House ; such hatred and indignation had these Rulers , at all House and Field Meetings , that they would not suffer even their own licensed and warranted Ministers to do any thing , that might carry the least appearance of any such thing . So they are ordered to acknowledge their subjection unto the Prelates Courts , by referring cases , usually referable to Presbyteries , unto them ; as also to testifie their acknowledgement of the Prelates Courts , by paying their proportion of the Salarie , now alledged to be due to the Clerks of these Courts . Any may see what snares were laid here ; and what obedience was given hereunto by these Ministers , who accepted of the benefite of this Indulgence , I know not . It is sufficient for me to note here , that these Injunctions flow from an Usurped Power , and are not proper Magistratical Acts , circa sacra , but Intrinsecally Church-Constitutions ( at least several of them : ) and therefore the accepting of these , which were a piece of the complex Business of the Indulgence , as tendered and granted by the Rulers , bewrayed their falling off , in so fa● , from former Principles , owned and sworne unto . And beside , this addition of New Instructions did show , that the Councel looked upon them , as their Curats , and as Obnoxious to their Orders in Church-Matters , and what concerneth the manner and way of their exerceing of the ministerial function , as the other Curats are unto the Prelates , or as ●ver any Minister was obnoxious to the Canons and Constitutions of General or Provincial Assemblies , in our best times . And let me enquire of these Accepters , how they think such an act as this , had it been done , while the Church was in possession of her Power , would have been looked upon ? And how our General Assemblie would have looked upon such Ministers , as should have submitted unto the like then , as they have done now ? I suppose they will think , that if they had done so , they would have met with no less , than Deposition . And then let them consider , if that can be a commendable duty now , which would then have been such a Transgression . And let them say whether or not , such do them great wrong , who , adhering to their former Principles , must needs look on them , as ipso jure deposed . It deserves to be noted here , that a Lybel was formed against one Mr William Weer , at this time Indulged , and permitted to preach in West-calder ; and he was looked upon by the Councel , as one , that most basely slighted their Favour and Indulgence , and was severely to be punished , because he thought it not sufficient to enter unto that charge , mee●ly upon the Act of the Councel ; but to satisfie himself the more , as to his ground of en●rie , did receive a call from some of the Heritors and People ; and because in his first preaching to that people he declared his adherence to the So●emne League and Covenant , and that he did not acknowledge the power either of King of Bishop , in matters belonging to the Church of Christ : And in his next Sermon said , that neither King nor Councel were the Treasurers of the Gospel , or of the Ministrie of it . And because the following day , he preached against the Supremacie in matters Ecclesiastical , and against Prelacy : And because he had in preaching declared , that the Civil Magistrate had no power to appoint a day to be kept holy and observed in holy worshipe . By which we see , That the Councel taketh upon them to make this man a Minister , though they plainely shew , that he was never owned as a Minister by the Church-Judicatories . Further we see , That the Councels Act , thus ordering these Indulged Ministers to the respective Kirks , was all the call they had , or that they would acknowledge should be had , or required ; and therefore the Indulged have no call , but the call of the Councel as their ground . Further we hence see that the Councels aime and end ( among others ) was to have the Supremacie established , and Prelacie ; so that the very speaking against these , by such as were Indulged , was sufficient to be the matter of a Lybel , and was looked on as criminal : What Interpretation can then be given of the silence of others , thus Indulged , as to these great points let sober men judge ; and whether or not , the Councel did suppose , that by this Indulgence , they had obtained so many coyduks , as did willingly submit thereunto . I know several Ministers , mentioned in this Act , had not freedom to accept of this supposed favour of the Indulgence , and were therefore cited before the Councel : Among these , faithful and worthy Mr Iohn Burnet , Minister at Kilbride neer Glasgow , was one , who thought it his duty to give an open and plaine account of his Reasons to the Councel , why he could not submit to that Indulgence , and for this end , drew up his Reasons in write , directing it to the Councel : But being prevented by sickness , and thereafter by death , did not get it presented , yet sent it to the Chancellor , and left it , as his Testimonie against that evil , not changing what might have been changed in the manner of its address , because of sickness and other inconveniences . I shall here set it downe , as he left it ; not only because it was his Testimony to the Truth ( and Testimonies should be carefully keeped , and Committed to posteritie ; ) but also because his Reasons are weighty , and may helpe us to see more of the iniquity of this Indulgence . His paper was as follloweth . The draught of this Paper was framed purposely to the S. Councel , as will appear in the very entrie thereof , which mould I could not change , because of the want of health , and other Inconveniences . BEing called before his Majesties Privie Councel to give an account of the reasons , why I have not accepted of this present Indulgence , granted by his most excellent Majest . to several Presbyterian Ministers in Scotland , I desire humblie and in the fear of God ( who standeth in the Congregation of the Mightie , and Judgeth among the Gods ) to give this true , sober and ingenous Relation of such things , as did and doe invinciblie binde me , why I cannot accept of this late complex Indulgence , framed in three distinct Acts of Councel , of the Date Sept. 3. and 7. 1672. To which I shall premit these things briefly . 1. That it is well known to all the Protestant Reformed Churches abroad , concerning the Constitution and Government of this ancient Church of Scotland for many yeers , and particularly in the yeer 1660. That it was framed according to the Word of God , confirmed by many laudable and ancient Lawes of the Kingdome , and solemnly sworne to by all Ranks within the same . 2. It is also found by lamentable experience , that since that time this Ancient and Apostolick Government is wholly overturned in its very Species and kinde , and that by the Introduction of Lordly Prelacie , which is tyrannically exercised ; whereby the Church was suddenly deprived of her lawfully called Pastours , and their roomes filled by strangers , violently thrust-in upon the people , many of whom have proven scandalous and insufficient . 3. The sad Effects of these things are conspicuously apparent upon the face of this Church this day , such as involving the Land in great backsliding and defection , the abounding Ignorance & Atheisme , the overflowing spa●e of Sensuality & Profanness like to Sodome , the increase of Poperie and Errour through the Land , even to the height of Antichristian Paganisme , & Quakerisme ; The sharp suffering and smartings of many of his Maj. loyal Subjects through the Land , meerly because they cannot conforme to the present Prelatical frame ; and finally the increase of Animosities , Dissentions , Divisions , Jealousies , and Differences among the Subjects . 4. Whatever Power sound and orthodox Divines do acknowledge the Magistrat to have , and may have exercised in a troubled and extraordinary state of the Church ; yet it is not at all yeelded by them , that the Magistrat may in any wayes , alter its warrantablie established Government , and so turne that same ●roub●ed and perplexed state and frame of the Church , made such by himself , meerly to be the subject of his magisterial authoritative Care and Operation . 5. That I be not mistaken , as denying to his Maj. his just Power in Ecclesiastick matters . I do humblie and with great alacritie acknowledge , that the Civil Magistrat hath a power circa Sacra , which power is objectively Ecclesiastick ; so as he by his Royal Authoritie may enjoyn that whatsoever is commanded by the God of Heaven , may be diligently done for the House of the God of Heaven ; which Power also is by Gods appointment only Cumulative and Auxiliary to the Church , not Privative , nor Destructive , and is to be exerced alwayes in a Civil manner . As to the Reasons of my not-acceptance of the present Offer , and not repairing to the place designed by the Councel : They are 1. That our Lord Jesus Christ , Mediator , the King and Lawgiver of his owne Church , hath committed all Ministeria● Authority , for Government of his House , to his own Church-Officers , as the first proper subject and receptacle thereof , Ioh. 20 : v. 21. As my Father sent me , so send I you . Math. 28 : 18.19.20 . All Power is given to me in Heaven and Eearth , go ye and preach the Gospel . 2 Cor. 10 : v 8. Our Authoritie which the Lord hath given us for edification , and not for destruction ▪ &c. But so it is that the Act explanatorie of his Maj. Supremacie in the Church , ( whereupon the Act of Indulgence is grounded ) doth not only claime the Power to belong of right to his Maj. and Successours , as an inherent privilege of the Crown , but doth actually also invest and cloath him with the formal exercise thereof in his own Person , and that he may derive the same , and convey it to others , as in his Royal wisdome He shall think fit : For his Majest . is pleased to designe and make application of Ministers to Congregations , and that , without the previous call of the People , and power of the Presbytery ( which would suppose the Civil Magistrat to have Authoritie to judge of the suitableness of Ministers parts and gifts to labour amongst such and such a people . ) As also to frame and prescribe Ecclesiastick Rules , relating to the exercise of the Ministerial Office , as also appointing a Commission to Plant and Transplant Ministers , as they shall think fit ; Notwithstanding that it hath been unanswerablie evinced , that Presbyte●ian Government is founded on the Word of God , and confirmed otherwayes aboundantly . 2. Although I do freely disallow and condemne all tumultuarie and seditious meetings ( among which it is sad and grievous , that the peacable meetings of the Lords People for Worship , and hearing the Word soundly preached , should be reckoned ; ) yet I am so convinced and perswaded in my heart of the Lords blessing , attending the preaching of the Gospel ( though not in a pub●ick Parish Church ) as that I judge the narrative of the first act to go near to involve my acceptance of this Indulgence , being an interpretative condemning of the saids meetings . 3. There is a standing relation betwixt me & another Flock , overwhich I was set , by the appointment of Jesus Christ in his word , which tye c●n never reallie be dissolved by any other Power , than that which at first did make it up , and give it a being : And after that I had Ten years ( during the English Usurpation ) wrestled in opposition to Quakers & Independants ▪ in the place , where the first breach had been made upon the Church of Scotland , I was without any Ecclesiastick sentence thrust from the publick exerci●e o● my Ministrie in that place , where there will be 1200. examinable Persons , whereof th●re were never 50. Persons , yet to this day , who have subjected themselves to him , who is called the Regular Incumbent ; And that even when I was living 30. mi●es distant from the place . Now what a door is hereby ( by my being keeped from my Charge ) opened to Error , Atheisme and Profanness may be easily conj●ctured by those , who hear of the deplorable case of that people ? And what a g●ief must it be to them , to have their owne Lawful Pastor shut up in a Corner , whereby we are both put out of a capacitie to receive any mo●e Spiritual comfort flowing from that Relation , which is yet in force betwix● us ? Or how is it to be imagined that any new supervenient relation can result betwixt another Flock and me , by vertue of an Act only of a meer Civil Judicatorie ? Beside , that the people , in whom I have present Interest , are utterlie rendered hopeless by a clause in the end of the first Act viz. That the Indulgence , is not hereafter to be extended in favours of any other Congregation , than these mentioned in the Act , whe●eof they in that Parish are none . 4. That I will not offer to debate the Magistrat's sentence of Confinement , let be his Power to doe the same ; yet I shall soberly say , there are so many things attending the present application thereof to my Person , that it cannot be expected , I should give that Obedience hereto , which might inferre my owne Consent or Approbation , for 1. Though this Confinement be called a gentle remedie of the great evils of the Church , in the narrative of the first Act , yet it is found to be a verie sharp punishment , as it is circumstantia● . 2. All punishments , inflicted by Magistrats on Subjects , ought to relate to some Cause or Crime , and cannot be done arbitrarilie , without oppression , which truth is ingraven on the light of nature : For Festus , a heathen Man Acts 25 : 27. could say , It seemeth to me unreasonable to send a Prisoner and not withal to signifie the crime laid against him ; yet am I sentenced and sent in fetters to a Congregation , without so much as being charged with any crime , And all the world are left to collect the reason of this Censure . 3. If my Confinement relate not to any crime , it must needs relate to a designe , which designe is obvious to Common sense , viz. th●t I should preach and exercise the Office of my Ministrie , whollie at the appointment & disposal of the Civil Magistrat ; and a sentence of Confinement is less obvious to debate and dispute by the Subjects , and will more easily goe downe with any simple man , than an express command to preach , grounded on his Maj. Royal Prerogative and Supremacie , and cannot readily be refused by any , unless a man make himself to be constructed , a squimish wild Phanatick , and expose himself to great sufferings ; so this Confinment , which hath both his Maj. Prerogative and Supremacie in Ecclesiastick matters in it , comes to me in roome , and that directly , of the Peoples Call , and Presbyteries Authoritie and other Ecclesiastick Appointment . Now this designe , however closely covered , I dare not in Conscience , yea I cannot ( with the preservation of my Judgment and Principles ) concurre with , or be consentient thereto . 4. By the Confinment I am put to an open shame before the world , and particularly in that place , where I am permitted to preach the Gospel : For what weight can my preaching or ministerial Acts of Discipline and Government have , while I my self am handled and dealt with as a Malefactour and Transgressour , a Rebel or Traitour to my Prince & Nation ? Or how can I preach the word of the Lord freely and boldly against the ●innes of the time ( as against Profanness , Errour , Injustice and Oppression ) as Ministers ought impartially to do , while I am kept under a perpetual check of the sword of the Magistrat at my throat ? This to me is not preaching , but an over-awed discourse : Morover , I become a prey for any malicious prejudicat hearer , who shall happen to accuse and informe against me . Can I be answerable to God who sent me , to render up my self willingly to be a servant of men ? Were not this to cut-out my owne tongue with my owne hands ? 5. This Confinment is not simplie or mainly of my Person , ( which sentence if it were so , I should most willingly undergo ) but it is of the Office it self ( the imprisonment of which ought to be sadder to me , than any personal suffering whatsoever ) while 1. It is not of me alone , but of all the Presbyterian Ministers in Scotland , a very few only excepted . 2. While the propagation of the Gospel by the personal restraint of us all is manifestly obstructed . 3. We are cut off from the discharge of many necessary duties , which we owe to the Nation and Church , and specially at such a time , while she is in hazard to be swallowed up with a swarm of Iesuits , Quakers and other damnable Subverters of the Truth ; and ( which is yet more ) while three parts of the Kingdom , are groaning under ●he want of the Word , faithfully preached , and some few Shirs only here in the West are made , as it were , the Common Goal of all the Ministers , that are permitted to preach . 4. By this Confinment , I lose an essential part of my Ministerie , which is the exercise of Jurisdiction and Church Government ; which yet Mr Baxter , ( a very favourable non-conformist ) asserts to be as essential to the Office of a Minister , as Preaching of the word ; The staff being as needful to the shepherd , as either the pigg or the horne is ; so sayes the Scripture of preaching Elders Acts. 20.28 . The Holy Ghost hath made you Overseers or Bishops , no less then Teachers ; a principal par● of which Government is Ordination of Ministers , for preservation of a succession of faithful men in the Church ; whereof by the Act of Confinment ( as also is expresly provided by the last c●ause of the last Act ) we are intentionally deprived for ever , while it is in force : In loseing of which one branch of our Government , we undo our own cause with our owne hands . I remember the first thing the ambitious Romane Clergie invaded and usurped , was the Jurisdiction and Authoritie of Presbyters , turning the Ministers of Jesus Christ into the Prelats jurney men , making Curates of them , only for preaching and intimating the Bishops mandats , And what else doe I in this case , but make the Ministerie of the Gospel in my Person Immediatly dependant , in the exercise of it , upon the arbitriment of the Civil Magistrat . 5. As for the Permission and Allowance I have to preach ▪ when confined , This Permission seemeth very fair , while I look on it abstractly , without relation to the rest of the Particular circumstances of the Act ; for this would look like opening the door in part , which the Magistrat himself had shut ; but while I take it complexly with what else is joyned with it , it doth presently carry another ●ace , like some pictures or medals that have two or three different aspects to the eyes of the beholder : For Permission to preach in any vacant Church within the Kingdome is so very great a favour , as for which I would desire to bless God , and thank hi● Maj. most heartily : But take it without the praevious Call of the people , the Authoritie and Assistance of a Presbyterie , as it may be had ; and take it without the exercise of Discipline and Government , but what is Congregational ; and so it is ●ame . Againe , take it with the Confinment and other claggs and cavea●s , contained in the 2. Act , Or take it with the burden of being obliged to follow all matters ( formerly referable to Presbyteries and Synods ) before these Presbyteries and Synods , which are now constitute by Bishops and their De●egats ; and so it is nothing but that same Accommodation , which we formerly had in our offer from the Bishop , and did refuse : And take it yet with the robbing of our owne Congregations , and with the depriving of three parts of foure of the whole rest of the Land , and then I have it to consider , whether this my Permission to preach be not the putting of my neck under a heavier yoke , than it could be under before . 6. The last Reason ( for brevity ) is from the Affinity with and dependance this Act of his Maj. Royal Indulgence hath upon the late explanatorie Act of his Maj. Supremacie , ( which I desire with sorrow of heart to look upon , as the greatest Incroachment can be made upon the Crown and Authority of Jesus Christ , who is only King and Lawgiver of his Church upon Earth ) as will be evident by comparing the two Acts together ; For the Act of his Maj. Supremacie ( besides the narrative ) containes two principal parts , viz. ( 1 ) The Assertorie of his Maj. Supremacie , which is the main Theam proposed to be explained , in these Words ▪ The Estates of Parliament do hereby Enact , Assert and Declare , that His Majest . hath the supreame Authoritie and Supremacie over all Persons , and in all Causes Ecclesiastick ▪ within this Kingdom . ( 2. The Explanatorie part followes , in so many most comprehensive and extensive Branches and Articles , thus : That by vertue thereof the Ordering and Disposal of the external Government of the Church doth properly belong to his Maj. and his Successours , as an inherent righ● of the Crown , and that his Maj. and Successours may Settle , Enact & Emit such Constitutions , Acts & Orders , concerning the Administration of the external Government of the Church , and the Persons employed in the same , and concerning all Ecclesiastical meetings and matters , to be proposed and determined therein , as they in their Royal Wisdome shall ●hink fit . Againe the Act of his Maj Royal Indulgence , which is the exercise and actual application of his Supremacie in matters Ecclesiastick , may be taken up in these particulars comprehensively . ( 1 ) The nomination and election of such and such Ministers , to such and such respective places . ( 2 ) A power to plant and transplant , put out and put in Ministers to the Church . ( 3 ) The framing and prescribing Rules and Instructions , for limiting Ministers in the exercise of the Ministerial Office. ( 4 ) The ordaining Inferiour Magistrats , as Sherifs , Justices , &c. to informe the Councel every six moneths , under highest paines , anent the carriage of Indulged Ministers , and how they observe the foresaid Rules . ( 5 ) The Confining of licensed Ministers to one small Corner of the Kingdome , and declaring all other Places and Congregations whatsoever within this Nation to be uncapable of any share of this Royal Favour , except such places only as are exptesly contained in the Act itself . Now , that these Particulars of the Act of Indulgence are of the same nature and kinde with the Articles Explanatorie of his Maj. Supremacie , will demonstratively appear by this plaine Argument , viz. To Settle , Enact , Emit Constitutions , Acts and Orders concerning Matters , Meetings and Persons Ecclesiastick , according to their Royal pleasure , is the very substance and definition of his Majest . Supremacie , as it is explained by his Estates of Parliament . But the Act of his Majest . Indulgence , in the whole five fornamed particulars thereof , is only to Settle , Enact and Emit such Constitutions , Acts and Orders , concerning matters , and Meetings , and Persons Ecclesiastical , according to Royal pleasure : Therefore the Act of his Maj. Indulgence is the substance and definition of his Maj. Supremacie , as it is explained by his Estates of Parliament . The Rules and Instructions for limiting Ministers in the exercise of their Office , as also the rest of the two forenamed Particulars of the Indulgence , are such , as I declare I cannot accept of them , or any other favour whatsoever , upon such termes and conditions ; because they containe the down-right exercise of Erastianisme ( as I humbly conceive ; and a discretive judgment of such Acts as a man resolving to practise can not be denyed him , unless men be turned into bruits , and so be ruled no more as reasonable creatures ) namely , the Magistrat by his proper and elicit Acts , doing that which is purely Spiritual and Ecclesiastick , as a Nomothetick Head and Lawgiver , framing such Lawes and Constitutions Ecclesiastick , as are not competent for any Ministerial or Declarative Power to enact or impose ; but of that Power only , which is absolutely Soveraigne : and whatsoever will militat against an Ecclesiastick Person , to arrogat to himself to be Christs Vicar on Earth , and a visible Head , to give and make Lawes for the Church , according to his pleasure ; The same also will make much against any other , though the greatest in the World , to assume to himself this Prerogative , so long as he can produce no divine warrant for this claime . A more particular consideration of these Rules , and other Particulars , I must needs ( for brevity ) forbear . My Noble Lord. HAving , in the singleness of my heart , and I trust without any just ground of offence , given this short and sober account of the Reasons , why I have not made use of his Majest . Royal favour and Indulgence , And being fully perswaded in my Conscience , that both Magistracie and Ministery are Gods Ordinance , & no wayes destructive , but mutually helpful one to another ; so that I can not but earnestly long , That the Lord , who hath the hearts of Kings and Rulers in his hand , would put it in the heart of our great Soveraigne ( and in your Gr's heart to be instrumental therein ) that he would grant us , Ministers , libertie to make full proof of that Ministery , which the Lord hath given us for edification , and not for destruction ; that we might have the opportunitie to make it appear , that the Government , which the Lord Jesus hath appointed in his Church , doth well consist and agree with the Magistrats Civil Government in the State , that so I and all others , my outted Brethren , may have access to our former Charges , or other Congregations , as we shall have opportunity of a cordial Invitation from the people , with the assistance and help authoritatively of lawful Church ●udicatories , until such time as God shall grant a patent way to returne to our own Charges . ( 2. ) And that Presbyterian Ministers may have access to his Maj. for representing just grievances , which press heavily our Consciences , and the consciences of the people , his Maj. loyal and faithful Subjects in the Land. In granting of which necessary and just desire , I your Gr's . Servant shall be a humble Supplicant at the Throne of Grace , for the preservation of his Maj. Person , the establishing of his Throne in righteousness ; and that the Lord would poure forth the Spirit of righteous judgment on your Grace that the Lord may be blest , and your Grace may finde mercie in the day of visitation . J. BURNET . By this free and faithful Testimony , we see what Reasons moved him not to accept of this supposed favour ; and particularly we may observe , that one maine Reason was , the Relation and Affinitie , that was betwixt the Act of Indulgence , and the Explicatory Act of Supremacie ; so that who ever accepted of this Indulgence , could not but be looked upon as virtually and materially ( at least ) approving and consenting to the Supremacie ; & what iniquity lyeth wrapped-up in this , a few words could not express . But Moreover there were Ten Ministers ( I suppose worthie Mr Iohn Burnet forementioned was one of them ) who did meet together upon the same account , to draw up reasons of their refusing the Indulgence , to be presented unto the Councel : But though the Paper was drawn up and subscribed ; yet I did not hear , that it was presented . However , because it may also contribute some light and confirmation , I shall set it down here , as I had it . ALL of us being concerned and reached by the late Act of Indulgence and Confinement , & some of us being already cited to give an account , why we have not accepted the same , do humblie desire , in the fear of God , ( who standeth in the Congregation of the Mighty , and judgeth among the Gods ) to give this true , sober and ingenous relation of the Reasons , which lye weighty on our Consciences , and binde us up from compliance with your LL. Commands , in this matter ; briefly premitting first . That our non-compearance hath not flowed from any contempt of , or disrespect unto Authority ( which we alwayes highly esteem in the Lord , as our Consciences bear us witness , resolving through grace to submit thereto , in all things Lawful ) but from the apprehension , we have conceived of the hazard of our Ministrie and Persons thereby , lest by our personal appearance , and signifying our reasons coram , we might have probably irritated your LL. Secondly . That we be not mistaken , as denying to his Maj. his just power , in reference to Ecclesiastick matters , we do heartily and with great alacrity acknowledge , that the Civil Magistrat hath a power circa sacra , objectively Ecclesiastick ; so as he by his Royal Authority may enjoine , that whatsoever is commanded by the God of heaven , may be diligently done for the house of the God of heaven : Which power is only cumulative and auxiliary to the Church , not privative nor destructive , and is to be exercised alwayes modo civili . As to the reasons amongst many , which might be adduced ( not willing to trouble your L L. with prolixitie ) we humblie propose these few . 1. That our blessed Lord Jesus Christ , Mediator , the only Head , King and Law-giver of his own Church , hath committed all Ministerial Power and Authority for Government of his House , to his own Church-Officers , as the first proper Subject and Receptacle thereof Ioh. 20 : 21. Matth. 16 : 19. and 18 : 18 , 20. and 28 : v. 18 , 19 , 20. 2 Cor. 10 : 8. But so it is , that the Act explanatory of his Maj. Supremacie in the Church , whereupon this Act of Indulgence is founded , doth ascribe this Power to His Maj. and His Successours , as an inherent right of the Crown ; and actually invests him with the formal exercise thereof , in his own Person , deriving and conveying the same to others , as he in his Royal Wisdom shall think fit : And that the Act of Indulgence appeareth to be the Exercise and Actual Application of the Supremacie in Matters Ecclesiastick , is obvious by comparing the two Acts together ; namely in these 3. Particulars , ( 1. ) The Nomination and Election of such and such Ministers to such and such respective Congregations , and that without the previous Call of the People , and Power of lawful Church-Judicatories ; which supposeth the Civil Magistrat to have Authority to judge of the sutableness of Ministers Gifts and Qualifications , to labour among such and such people . ( 2. ) A power to plant and transplant , to put-out and to put-in Ministers in the Church , and actually clothing Persons meerly civil with Power for that effect . ( 3. ) The framing and prescribing Ecclesiastick Canons and Instructions , for regulating the exercise of the Ministerial Office : all which are proper , intrinsick and formal Acts of Church-power , belonging by vertue of Christs Institution to Church-Officers . 2. Although we do freely disallow and condemne all tumultuary and seditious Meetings ( amongst which it is sad and grievous that the peacable Meetings of the Lords people , for Worship and hearing of the Word soundly preached , should be reckoned ) yet are we so convinced and perswaded in our hearts of the Lords blessing , attending the preaching of the Gospel , though not in a publick Paroch-Church ; as that we judge the narra●ive of the first Act goes neer to involve the Accepters of this Indulgence in an interpretative condemning of the saids Meetings ; which we in Conscience da● not do , being commanded to abstaine fom all appearance of evil 1 Thes. 5 : 22. 3. There being a standing relation betwixt us and those flocks , over which the Holy Ghost hath made us Overseers , according to Christs Institution in his word ▪ the sense of which tye engageth us , to have special regard to these flocks , until that be dissolved by the same power , that made it up and gave it a being ; besides that by keeping us from our Charges , a wide door is opened to Errour , Atheisme and Prophanity , and we disabled to discharge the trust , committed to us by Christ , for which we must be answerable to him , in that great day of accounts : What a grief must it be to the people to have their own Lawful Pastours shut-up in a Corner , whereby both we and they are put out of a Capacity for performing of those duties , which tend to our mutual Comfort and Edification ; which no doubt is much aggravated by the Intrusion of others , whom they cannot acknowledge as their Lawful Pastors , they looking on the former relation , as yet in force . 4. Though we be far from questioning the Magistrats just power to confine any of his Subjects within his Dominions ; yet there are several things in the present complex case , which we do humblie desire to present to your L L. as burdensome to our Consciences , as ( 1. ) That this Confinement is not simplie of our Persons , but of the Ministrie it self , the Imprisonment of which should be sadder to us , than any personal suffering whatsomever : while , First , It is not of one or two , but of all the Presbyterian Ministers of the Church of Scotland , a very few only excepted . Secondly , While the Propagation of the Gospel , by the personal restraint of us all , is manifestly obstructed . Thirdly , We are cut off from the discharge of many necessarie duties , which we owe to this National Church ; and specially at such a time , when so much in hazard to be swallowed up with the floud of Iesuits , Quakers and other damnable subverters of the Truth ; and which is yet more , that the three parts of the Kingdom are groaning under the want of the word faithfully preached . As also by this Confinement , we lose the exercise of an essential part of our Ministrie viz. Jurisdiction and Church-Government , a Principal part whereof is Ordination of Ministers , for preservation of a succession of faithful men in the Church , whereof by this Act of confinement ( as is also expresly provided by the last clause of the last Act ) we are intentionally deprived for ever , while it is in force ; in loseing of which , we do burie our cause with our own hands ( 2. ) We cannot but sadly regrate , that no Physical restraint is put upon Papists & Quakers , yea while their Meetings and Conventicles have been found and known , yet not all quarrelled . But the Meetings of Orthodox Protestants hunted , pursued and obstructed , to the great griefe of all the Godly in the Land , though nothing hath been found in them to the prejudice of the peace of the Kingdom , or his Maj. true Interest ( 3. ) It is no small grievance , that we are cast in two's and three's in one Paroch , where there is no need of our Ministrie , nor accommodation for our families , while there are Thousands left to the oversight of others , both in sufficient and scandalous . 5. By the last Act of this Indulgence , all Ministers not indulged are prohibite the exercise of their Ministrie , even as to the preaching of the word , except in the places of their respective confinements , and that upon a call from the Incumbent allannerly : And in their summonds are required to engage to the same ; which being contrare to the Scripture commands , and the Commission delivered to us by the Lord Jesus , for feeding of his people by the everlasting Gospel , doth cast us upon a sad dilemma either of disobeying God , or your L L. so that we must say , Whether it be better to obey God or Men , judge ye . And now , My Lords , having in the singleness of our hearts , and , we hope , without any just ground of offence , given this short and serious representation of our thoughts , in this affaire ; we humbly intreat your L L. to give a favourable hearing to these our subsequent just and necessarie desires viz. 1. That your L L. would not construe our non-compliance with the Indulgence , as tendered in the forementioned Acts , to proceed from humour and peevishness ; but from Conscience , which makes us , that we dar not be ●ilent in matters of so great concernment to our Lord and Master , to whom in the first place we owe fidelity , upon all highest paines ; and that our hearts may not condemne us , in withholding from Caesar what is Caesars , nor in giving to him , what is the Lords . 2. That we be not pressed to go to our Confinements , nor proceeded against as disloyal , and contemners of Authority , on that account ; and that we may have liberty to preach the Gospel to our own respective flocks , and to others , as we have access in providence . 3. That your L L. would be pleased to deal with his Maj. to take off the legal restraints on our Ministrie and Persons ; that we may peacably give ourselves to the work of the Ministrie , for the Edification of the body of Christ. 4. & Lastly . That your L L. would seriously consider , in the sight of the most high God ( before whose tribunal we are all shortly to appear , and give an account of our actions ) the heavy pressures and burdens , lying on the Consciences of Ministers and People for meer preaching , and hearing of the word ; which pressures have mainly flowed from the heavy yoke of Prelacy ( a plant that our heavenly Father never planted ) under which this Church hath groaned those many years . And also we most humbly beseech your L L. that what favour it shall please his Maj. in his Royal Clemency to grant , may not be inconsistent with our known Principles , to which we stand engaged by solemne Covenant and Oaths . In granting of which desires , as your L L. will undoubtedly make glade the hearts of many Thousands of his Maj. Loyal Subjects ; so ye will much encourage us , your humble Petitioners , to continue serious Supplicants at the throne of grace , for Establishing his Maj. Throne in righteousness , and for pouring out a spirit of righteous judgement ; that we may lead a peaceable and quiet life , in all Godliness and honesty . By these Testimonies and Papers , howbeit not all presented either to the Chancellour or Councel , as was in singleness intended by some , we may see , that there wanted not weighty reasons to have moved such , as loved to walk tenderly , and circumspectly , in such a day of trial and snares , to have peremptorily refused this so dangerous , so ensnaring , so scandalous and so destructive an Indulgence . We shall now proceed in our Historie , and hasten to an end thereof . The following year , to wit , 1673. Some Ministers , who had been Indulged , were now cited before the Councel , for not observing the 29. of May. and other Instructions given unto them , of which , and of the carriage of these Ministers at that time , we shall take occasion hereafter to speak more fully , and shall content ourselves now with the simple relation of the matter , as it stands in the Registers . VPon the 8. day of Iuly 1673. The Ministers underwritten , who were Indulged to preach , at the Kirks , specified in the Councels Act of the 3. of Septemb. 1672. and formerly , being conveened before the Councel , viz. Mr Iohn Crawfurd , Mr Anthonie Murray , Mr Iohn Hammiltoun , Mr Iohn Oliphant , Mr Iames Currie , Mr Iohn Lauder , Mr Iohn Stirling , Mr Iames Hutcheson , Mr Iohn Bairdy , Mr Iohn Eccles , Mr Andrew Dalrymple , Mr Iohn Gemmil , Mr Hugh Camphel , Mr Alexander Blair , Mr Iames Veitch , Mr William Fullertoun , Mr Iohn Hutcheson , Mr Robert Miller , Mr George Ramsay , Mr Iohn Bell , Mr Ralph Rodger , Mr William Dillidaff , Mr Georg Hutcheson , Mr Iohn Spading ; Mr Iohn Wallace , and Mr William Maitland ; and all of them , except the saids Mr Iohn Bairdy , Mr Iohn Crawford and Mr William Fullertoun , compearing , and all of them , except the saids Mr Iohn Spading , Mr Iohn Wallace , and Mr William Maitland , acknowledging that they had not observed the 29 ▪ of May 1673. The Councel did finde them to have contraveened the 12. Act of the third Session of his Majest . second Parliament , and therefore fined ilk one of them , in the halfe of their respective proportions of the Stipends , allowed to them by the Act of Indulgence , and that for the Crope and year of God 1673. And in regard the saids Mr Iohn Spading , Mr Iohn Wallace , and Mr William Maitland did observe the 29. of May ▪ the Lords of Councel assoiled them ; and ordained the three Persons not compearing to be denounced Rebels . And further , the said Mr Alexander Blair Minister at Castoun , having publickly disowned the King and Councels Power , in giving them these Instructions , appointed for the Indulged Ministers ; the Lords of Councel did ordaine him immediatly to be carried to the Tolbooth of Edinburgh , and there to be kept close prisoner , until further order . And in regard diverse of these Indulged Ministers did pretend , they had not received the saids Instructions , did cause deliver to them extracts thereof at the Bar , that they might pretend no ignorance of the same . Edinbr . the 10. of Iuly 1673. The Ministers underwritten being conveened for the cause foresaid , were fined ut supra , upon their own Confession , viz. Mr Iohn Mc Michen and Iohn Sempil . And Mr Iohn Colt not compearing was ordered to be denounced . Edinbr . the last of Iuly 1673. The Ministers underwritten were also fined upon their own Confession , ut supra , for the causes foresaid , viz. Mr Iohn Scot , Mr Iames Fletcher , and Mr Robert Mowat . Upon the 4. of Septemb. 1673. Mr Alexander Blair is ordered to have liberty upon caution , that dureing the time of his Inlargment , he should keep himself in the House of Iean Weir , nigh the Weigh-House of Edinbr . and re-enter his Person within the Tolbooth thereof , within the space of one Moneth . And that dureing the said space , he should not keep any Meetings , contrare to the standing Lawes of the Kingdom , under the paine of 5000 Merks Scots money . And upon the 8. of Januar. 1674. his Inlargment is prorogat for the space of fourteen dayes , upon caution of the summe , and in the former termes . But before this short time was fully at an end , He was called home to his Master's joy : of whom , & of the ground of his particular sufferings , we will have occasion to speak something hereafter ; and therefore it will be sufficient at present , for clearing of what is past concerning him , to give a short deduction of the matter . When Mr Alex. Blair , and others ( as we saw above ) were called before the Council , upon the occasion mentioned , The Councel enquired if they had observed the Instructions that were given unto them ; some answered that they had never seen them ; where upon the Councel resolved , to prevent this excuse in time coming , to give to every one of them Coram , a Copie of these Instructions . When the day appointed here unto cometh , they all compear , ( what was their Deliberations and Resolutions , in the Interim , and what was the carriage of the rest , that day , we will have a fit occasion to speak hereafter ) the Copie of the Instructions is given to each of them , standing Coram at the Bar ; Several had received them , before , they were presented to Mr A. Blair . But when they are given to him , he , being moved with zeal , and remembering whose Ambassadour he was , told the Council plainly , that he could receive no Instructions from them , to regulat him , in the exercise of his Ministrie ; otherwise he should not be Christ Ambassadour , but theirs ; and herewith letteth their Instructions drop out of his hand , knowing of no other Salv● , or manner of testifying for the Truth , in the case . The Council , seeing what a direct Opposition this was unto them in their Designes , in a rage sent him with a Macer unto prison ; which made a great noise in the City , the more serious , though sorrowful at his sufferings , yet rejoicing that he had witnessed a good Confession , and so had perpetuated the Testimonie of the Church of Scotland her patience . This could not but carry some sad reflection with it on the rest , who had received , and come away with these Instructions in their hand ; wherefore some Judicious and serious Ministers in the Town , being filled with shame and sorrow both at what past , endeavoured to call the rest together , that they might owne Mr Blairs Testimonie , vindicat themselves , and prevent the contempt , under which otherwise they would lye ; but though they did meet , yet nothing of this kind could be granted ; some would not move one step forward ; and the rest , out of a pretence of love to Union , though in evil , would not leave them ; but they all , notwithstanding of all their love to Union , left Mr Blair alone , who yet was not alone ; his Masters presence making up the want of his Brethren their fellowship : at this meeting , I heard there was a motion made , that some should be appointed to write about the Magistrats Power in Church-matters ; as if they , forsooth , could have found-out new Principles , to have justified their own proceedings , so point blank contrary to all the Actings of the Church of Scotland , and of the faithful in it , from the beginning ; and if the Person that drew up their Vindication ( of which afterward ) was appointed hereunto , I should have expected nothing but a piece of Vedelian Pedantrie : But it was good , that this motion was also laid aside . However faithful and honest Mr Blair must moreover suffer by their Tongues ; for they were not ashamed to say , that all his suffering was for his rude and unsutable carriage before the Council , though all that knew him , knew him to have as much of a Gentle-man , and of good breeding , as any of them : But the Truth was ( as a faithful Person , to whom he himself spoke it , did report ) he had that day bowed the knee to the Father of our Lord Jesus Christ , and with much earnestness begged Counsel and Courage , in order to a sutable carriage , at that appearance , and finding his heart enlarged , did not leave praying that morning , until he had obtained some assurance , he should be assisted ; and therefore came before the Council , with Micajahs Rudness ( if so it must be called , ) as having gote a sight of his Royal Master , and durst do , or receive nothing , that might countenance an encroachment upon his Prerogative Royal. It was also known , that some of those , who in their previous Meeting voted for Mr B. being their mouth before the Council , said now , they were glade he was not , for then he had marred all their Business : And in a Vindication of the rest , emitted by some of their number , he is also ( as we shall hear ) lashed , and that with the Intrado of hinc illae lachrymae , as if he had done more hurt by this Testimonie , than his own , and the lives of many were worth . While worthie Mr B. is ( as we have seen ) in prison , he falleth very sick , and friends and Physicians fearing his disease should prove mortal , he with much difficulty obtained the liberty mentioned , until he was taken home to glory . It is worthie of our noticeing , That dureing the time both of this Imprisonment and Confinement as the Sufferings of Christ abounded in him , so his Consolations also abounded by J. C. for all who conversed with him returned comforted , by seeing and sharing of his Consolations ; and particularly when drawing nigh to his end , how was his Soul made to rejoyce , in reflecting on his being honoured and helped to give that Testimony ? And with what Horrour and Indignation would he express himself , upon supposition he had done less than he did ; yea , all his griefe and regrate was , that he had not done more . At length , when the time of the liberty granted , to abide in his Chamber , was almost expired , his glorious Master , who would want him no longer , nor suffer him to want the Confessors reward , sent and rescued him from the rage of Persecutors , and from the Reproaches of his deserting Brethren , and took him home to his Masters Joy ; and the sound of , well done good and faithful Servant , filling his eares , made him shut his eyes singing , and give up the Ghost in assurance of being embraced , and of having access to embrace . From all this , these things are observable , 1. That God , by the speaking significations he gave of his complacency in the Freedom and Fidelity of his Servant , wrote a sufficient refutation of all that was said by some , to disgrace both him and his Cause . 2. That here is a new witness from Heaven against these Invasions . 3. As also against the Indulgence , and the taking of these Instructions . Beside 4. The Encouragement given to all to abide faithful , in avowing Christs Prerogatives , and the Priviledges of his Church and Kingdom , even though abandoned of all , who should bear them Companie , or go before them . Ere we returne to take further notice of what past , when the forementioned Indulged Ministers compeared before the Councel , we shall for a close out of the Registers mention these following Acts. Edinbr . 6. of Feb. 1673. A Nent a petition , presented by Mr Robert Hunter , now Minister at Burrowstouness , that conforme to an Act of Councel , the petitioner did serve the cure at the Kirk of Duning for the 1671. and 1672. years , and after Martimass last did transport himself to the Kirk of Burrowstowness , conforme to the Councels Order . And therefore humbly supplicating , that the Stipend of the said Paroch of Duning for the saids two years might be appointed to be payed to him . The Lords of his Maj. privie Councel , having heard and considered the said Petition , do ordaine the said Stipend of the said Paroch , for the said two years , to be payed to the Supplicant ; and that Letters of Horning be direct for that effect . In the Year 1676. there came forth an open Proclamation , Dated March 1. THE Lords of his Maj. Privie Councel considering that by their Act of the 3. Septemb. 1672. they did Order and appoint diverse outted Ministers , to repaire to the several Paroches , therein specified ; and to remaine therein confined , permitting and allowing them to preach and exercise the other parts of the Ministerial function in those Paroches , and did require and enjoyn these Ministers , or any other Ministers indulged by former Acts of Council , to keep and observe the Instructions following , as they would be answerable . That they should not presume to Marry or Baptize any , except such as belonged to the Paroch , to which they were confined , or to the neighbouring Paroches vacant or wanting Ministers for the time . That all Ministers indulged , in one and the same Diocess , should celebrate the Communion upon one and the same Lords Day ; and that they should admit none to their Communions belonging to other Paroches , without testificats from the Ministers thereof . That they should preach only in these Kirks , and not in the Church-yards , nor in any place else , under the paine to be repute and punished , as keepers of Conventicles . That they should remaine within and not depart forth of the Paroches , to which they are confined , without licence from the Bishop of the Diocess onely . And whereas it is informed , that the saids outted Ministers , indulged as aforesaid ( at the least many of them ) have violated and contraveened the foresaids Orders and Instructions ( upon which termes they were permitted and indulged to preach and exercise the other functions of the Ministry ) whereby many disorders are occasioned . The saids Lords do therefore , of new againe , require and command all these Indulged Ministers to keep and observe the foresaids Orders and Instructions , in time coming , and specially for keeping within the bounds of their Paroches , and celebrating the Communion upon one and the same Lords day , as they will be answerable at their perril . And ordains these presents to be printed , and Copies thereof sent to the several Ministers . Nothing needeth be here observed beside the Parenthesis , where it is said , that the Observation of these Instructions was the termes , upon which they were indulged ; and therefore when they accepted of the Indulgence on such termes , they consented to them , and professed and declared their willingness to accept of their Ministery , and of the free Exercise thereof upon these Conditions ; So that whether they observed them punctually afterward , or not , the bargain was established , and they became oblieged by their own deed , in accepting of these favoures granted on these Conditions , to observe the Instructions carefully ; and it was too late to say afterward , that the Conditions were not lawful , and therefore could not be observed , for that should have been said at first ; and even upon that account alone , had there been nothing else , they should have plainely and peremptorily rejected the supposed favour . Nor will it avail to say , that they knew not , that the punctual observing of these Instructions was made the Condition of the granted favour ; for though at first these Instructions , when given , were not expresly so called ; yet the manner of proposal was such , as all who desired not willingly to run into a s●are , might have been convinced , that so and no otherwayes they were intended , and upon the matter could carry no other import . And if any were invinciblie ignorant hereof , at their first accepting of the Indulgence ; yet now , when such a Printed Proclamation came forth , wherein this was in terminis expressed , and the Printed Proclamation ordered to be sent unto each of them , they could no longer pretend ignorance ; and therefore were called , if they had been formerly really circumvented and cheated , now openly to have declared their unwillingness to accept of the Indulgence on these termes ; and henceforth to have abandoned the same , and followed their Brethren to the Mountaines . But now when this was not done , but they remained in their warme nests , how they can plead innocent before God , or Man , I see not . We proceed to relate a few things following . Edinbr . 3. August . 1676. THe Lords of his Maj. privie Councel do hereby ordaine Mr Iohn Stirling , Minister , who is confined to the Paroch at Hounam , by an Act of Councel and Indulged to preach in that Paroch , to transport himse●f from thence to the Town of Irwing , and confine himself to the Town and Paroch of Irwing , with liberty to preach and exercise the other Functions of the Ministrie , in that Paroch , as he did in the former , according to the Instructions of the Councel , given to the rest of the Indulged Ministers . By which we see , that the simple Act of the Councel is the all and only ground of transportation from one place to another ; and that alwayes the Instructions must go alongs with them , as the constant Companion of the Indulgence . Edinb . 9. Novemb. 1676. HAving heard and considered a Petition , presented by the Magistrats of the Brugh of Irwing , supplicating that the Stipend of the Paroch of Irwing , vacant in the year 1676. might be allowed to the Petitioners , for defraying the Expences , that Mr Iohn Stirling will be at , in transporting himself to Irwing , and repairing the Kirk , School and Bridge of Irwing . Do allow the Supplicants the Stipend of the said Paroch , for the said year 1676. Instant , which is vacant , for defraying the expences of the said Mr Iohn Stirling , and repairing the Kirk , School and Bridge of Irwine ; and if need bees ordained Le●ters of horning to be direct hereupon in forme as effeits . Edinb . 1. March 1677. Anent a petition presented by Mr William Maitland , Minister at Beeth , shewing that the petitioner hath served the Cure , at the said Kirk ; the two by gone years 1675. and 1676. without receiving any stipend , albeit he hath himself and a numerous family to maintaine , which he will not be longer able to undergo , unless the Lords of Councel be pleased to allow him the said stipend for the saids two years service : And therefore humbly supplicating , that an order and warrant might be granted for that effect , in manner underwritten . The Lords of his Maj. Privie Councel , having heard and considered the foresaid Petition , do hereby grant order and warrand to the Heritors and others lyable in payment of the stipend of the said Paroch of Beeth , to make payment of the same to the Petitioner , and that for ilk one of the saids crops and years of God 1675. and 1676. and ordains Letters of horning and others to be direct thereupon , in forme as effeirs . Edinb . 7. of March. 1677. The Lords of his Majest . privie Councel , do hereby ordaine Mr Alexander Hammiltoun , who is by Act of Councel confined to the Paroch of Dalmeny , and permitted to preach there , during their pleasure , to remove himself from the said Paroch of Dalmeny to the Paroch of Dalserfe , and that betwixt and the fift day of Aprile next , and to confine himself within the said Paroch of Dalserfe till further order , as he will be answerable at his peril . And do hereby permit and a●low the said Mr Alexander Hammiltoun to preach and exercise the other functions of the Ministrie in the said Paroch , till furder order from the Councel , upon the same termes , that he hath exercised his Office formerly in the said Kirk of Dalmeny . So that we see the whole exercise of the Ministrie , is , by this Indulgence , wholly at the free and arb●●riarious disposal of the Councel , and depending upon their Orders . As also , we see , that the observation of the Instructions is an essentia● part of the bargane , being the termes and condition , on which the Indulgence is granted . There came forth a Printed Proclamation August . 10. 1677. as followeth . FOR as much as the Lords of his Maj. Privy Councel , in pursuance of his Maj. Commands , signified to them by a Letter of the 7. of Iune 1669. did confine several outted Ministers to particular Paroches , with allowance to preach and exercise the other functions of the Ministry within the same , and did deliver to them certaine Instructions , to be keeped and observed ; upon which they did accept the Indulgence granted to them . And a●beit these Instructions have been frequently repeated , and sent to these Ministers , yet diverse of them have con●raveened the same , without any manner of regarde thereto . And whereas by his Maj. Letter foresaid , it is left to the saids Lords , to allow to these Ministers such parts of the Stipends , as they should think fit ; and that from time to time , the Councel hath gi●en Orders and Wa●rands to the Heretors and others , lyable in payment of the stipend , to make payment thereof , as they saw cause ; without which special war●and , they could not , nor cannot , warrantably pay the same . Notwithstanding whereof , it is informed that several Heretors have payed , or intend to pay these stipends , without special Warrant and Order . The saids Lords do therefore Prohibite and discharge all Heretors , Fewers , Liferenters , and others , lyable in payment of the stipends of the Paroches , where these Ministers are confined , to make payment of any part of the Stipend to them , for the cropt and year 1677. and in time coming without a special Order & Warrand from the Councel , under the penalty of being lyable in payment of the said Stipend againe , to such as the Councel shall appoint , and further censured for their Contempt , and ordains these presents to be printed , and published upon a Sabbath day at the several Paroch-Kirks , where the saids Ministers are confined , that no Person pretend ignorance . In the Proclamation-emitted in the preceeding year 1676. the Council said in plaine termes , that they granted the Indulgence , upon condition that the Indulged should observe the Instructions given ; and here in this Proclamation , they say , that the Indulged did accept of the Indulgence granted to them , upon these termes ; whereby we see that it was a full and formal compact , & the Indulgence was both granted & Accepted upon the termes specified . What can now be said for vindication of these accepters , I canno● imagine . If they should say : That all this is but the deed of the Council , with which they are not concerned . Yet it is certaine , that every one is Master of his own favours , and may dispense them on what termes he pleaseth ; and when the termes are known , upon which such favours are granted , and the favours formerly accepted are held , though the conditions should seem hard , yet the favour is embraced cum hoc onere ; & any after signification of a dissatisfaction cannot but be unseasonable and insignificant . It would now have been thought , if the Indulged had not been satisfied with the termes , after such publick Intimations were made unto the whole Nation , both of the grant of the favours , and of their acceptance , upon these termes , they would have signified their dissatisfaction with the bargain , and rejected the favour of the Indulgence , which they could have upon none , but sinful termes ; especially now when their silence , and continuing in the possession of the favour , did not only interpretativly , but plainly and expresly , in the sight of the whole Nation , say , they were satisfied with the termes , and would rather submit unto them , than lose the benefite they had received in and by the Indulgence . Upon which account possibly it was , that the Councel , seeing that they had attained their end , in granting the Indulgence , and had found the Indulged so calme and pliable to submit to any termes they pleased to propose , did mitigate , within two moneths thereafter ▪ the severitie of the last Act , in so far , as concerned the stipends ; for Octob. 5. 1677. this Act was made , with which I shall end this historical Relation . Edinb . Octob. 5. 1677. The Lords of Council thought fit , of that the Indulged Ministers shall not be put to a necessity of seeking yearly warrands for their stipends : But authorizeth and appointeth the Heretores of the Paroches , where they serve , to pay them their stipends , according as they serve the cure , in whole , or in part . And do declare , that if any of these Indulged Ministers shall be found to contraveen their Instructions , the Council will proceed against them , as they shall see occasion . And recommends to the respective Commissioners , appointed by the Council , for putting the Decreets of Council &c , and Acts against Conventicles and others , in execution , to see them keep their confinements ; and to report if they finde them transgre●s . We have thus deduced this Business of the Indulgence unto this period ; and , as occasion offered , have hinted all alongs such remarks , as might suffice to give understanding in the matter , and to clear up the true state of the question unto the understanding and unprejudged Reader . And from what is said , the judicious may see what is to be said of the Indulgence , & of those Ministers , who have thus accepted thereof , though no more were said : Yet that fuller satisfaction may be given in this matter , I shall , according as I promised , turn back a little ; and take notice of some things , that fell out Anno 1673. when severals of the Indulged were ( as we heard ) called before the Councel , for not observing the 29. of May , and the Instructions that had been given to them , where by we may be helped to some further clearness in this affaire . And in this examination , I shall , as to the ground I go upon , be favourable to the Indulged , beyond all exceptions ; for I shall only take notice of the relation of what passed , as made by one of themselves , in a Narrative ( as it is called ) concerning the carriage of some Ministers , who appeared before the Councel in July last ) to wit 1673 ) written in answere to afriend , who de●ired to be informed about that affaire ; and truth or falshood was in that Paper , scattered up and down among the People ; concerning the same . And I suppose , no man will blame me for grounding my discourse against the Indulgence , and Indulged , upon this Narration , seing it may be supposed , that this would be made as favourable to them and their cause , as truth would suffer ; and I shall be loath to question matters of fact ; nor shall it be necessary for ●e to examine every word in that Paper it being sufficient for my present business , to touch upon those things , which are most material , and which concerne our present question . This Author tels us ; that there were a considerable number of Ministers , who had obtained liberty from the Magistrat to preach publickly , without hazard of that legal restraint , under which they lay before , cited before the Councel . But , not to exaggerat that word obtained , which would import , that these Ministers had been too active in procuring to themselves that liberty , as it is called ; which , whether it was so , or not , I cannot determine , though this expression would give the Reader ground to suppose that indeed it had been so ; I only observe , that his Construction of the Indulgence , and his Description thereof here given , appeareth too favourable , and more favourable than true ; for sure there was more than this in the Indulgence ; Matters had been thus , if the Act of Glasgow had been simply repealed , and every man permitted to returne home to his own Charge : But when that is not done ; but every one of them sent to such places , as the Council thought meet , and appointed and ordained , there to abide , and to exerce the function of the Ministry , with such and such limitations , and upon certaine Conditions held forth and made known , and ( as the Councel saith ) accepted and submitted to , it is manifest that the matter had a far other face . Beside , that the granting of liberty to preach publickly without hazard , needed no such Act of Parliament , as is the Act of Supremacy , to salve the granters in Law , and make the grant to stand good in Law. But what for a Possession this liberty is , the Charter , by which it is confirmed , may tell us . It can be no lawful Possession before God , which must have such a de Novo damus , and Charter to secure it : And that the Indulgence could not stand without this ▪ we have seen above ; and how , notwithstanding of all that liberty , the Indulged could not be secure , in point of Law , untill this explanatory Act of the Supremacy had past in Parliament Anno 1669. whereby not only what was done by King and Councel , in licensing of so many , before that Act , was declared to be legal , because of the Kings Supremacy in Church-Affairs , never before so amply and fully declared and explained ; but way made for prosecuting the same designe , in time coming ; according as it came to passe . When the Indulgence standeth engaged thus unto ; and under the favourable aspect of that unparalleled Supremacie ; who , that is not wholly devouted unto the Supremacy , can give such a favourable verdict of the Indulgence , as this Author did ? Beside , that impartial On-lookers will judge , that there was much more in this Indulgence , seing it is obvious enough how the contrivance was made to break the honest suffering party , and ( as some of the chiefe Contrivers said ) to divide betwixt the Mad-Cap Phanaticks , and the more sober ; to confirme the Usurpation , to strengthen the hands of Adversaries , to suppress and keep down the glorious and blessed Assemblings of the Lords people , and to settle people in a Sinful silence and stupide Submission to all the Incroachments , made on the Prerogatives of the Crown of Christ , and on the Privileges of his Church , and to the overturning of the whole Work of God ; and not only the Intentio Operantium , ( which Wise men so circumstantiated , as they were , were called to eve and consider ) was obvious and clear ; but also the Intentio Operis was undeniable ; however we may please ourselves , in devising terms of mincing and extenuating , whereby to paint it forth , as well as we can , if not so , as that it shall appear beautiful ; yet so as that it may not appear so deformed , as indeed it is , and will be to all that view it in a just and upright mirrour . He saith that it is not easie nor necessare , to tell what was said to or by every one of them , they being called-in one by one ; but this is certaine , that all of them ( except two , who were dismissed upon their declaring that they had preached on that day onely because it fell to be their lecture-day ) declared they had not preached on that day , and did agree in substance upon this ground of their forbearance , that it did not flow from any disloyalty or disaffection to Authority ; but that they had not freedome to observe any s●lemne fixed anniversary Day for religious Worshippe , besides the Lords Day . To which I shall only crave leave to say , not questioning the account he giveth here , though the Council's books tell us ▪ that there were Three assoiled , and that because of their observing that day ; nor taking notice , that the Lords day is no anniversary day , but a weekly solemne day ; nor doubting of the first part of their Apology ; for as to some , it may be more than probable , that such was their loyal affection to Authority , that for fear of offending , they did not hold forth and plainely show the true ground as they ought to have done . I grant the Parliaments calling that day , an holyday , might give ground of scrupling to Conscientious Persons : Yet I suppose , it is well enough known , that this denomination was not the effect of true Devotion , nor yet of Superstition ; the day being observed , rather in honour of Bacchus , than of the true and living God ; and that the Principal thing intended , was , a Solemne , Universal and Anniversary Condemnation of the work of Reformation , which was so fully signified in the very narrative of the Act , that I wonder these Brethren did not give this , as the ground of their non-observing of that day . I shall not think , that they thought themselves free to abstract from that Narrative , and not once to notice it ; seing they could not abstract simple preaching on that day , from its due observation ; and seing every one knowes , that every observation of a day holy , or civil , appointed by Men , doth homologat the Grounds & Reasons of the Institution . But passing this , which is not of moment , as to our present business , he tells us , that there were foure of the Brethren called-in together , upon particular summonds , for baptizing of Children of other Congregations : To which among other legal defences ( whereof he can give no particular account ) they gave this answere ; that these Acts , relating to that matter , were never intimate unto them . Upon which they were told by my L. Chanc. they should get them ; and so all were commanded to appear againe the following Tuesday . As to this , we may see , that the Council did suppose those Acts to have been made known unto them . And that , so far as the Concil did know , all the rest , save these foure , had observed the Injunctions , otherwise they had been challenged upon the violation of them , as well as these foure . As to this answere , given by those foure , I suppose , the rest will willingly acknowledge , that it was not sufficient ; and that another answer had been both more pertinent , and less introductive of new troubles ; for probably , if this answere had not been given , they had not gote such a returne from my L. Chanc. Had they ingenously said , that their commission bare them to Baptize , as well as to Preach ; and that they might not be answerable to their Master , to refuse to Baptize any Childe within the Covenant , brought unto them for that end , much trouble and temptation had been , in all appearance , prevente● . And though I will not condemne all legal defences ; yet I must say , that Ch●istian prudence might soon have taught them to have waved this defence , not only because it was obvious enough what would follow : but mainly because it contained a tacite acknowledgment , that they would not have done what they did , if the Act had been intimat to them ; and that in time coming they would willingly obey the same ; and consequently , that the Injunctions were just and righteous , and such as neither they , nor any other should disobey , whether because of the matter , or because of the power enjoining them : But more of this purpose afterward . He gives us next an account of what they did in the Interval , and how they did meet almost every day , to consult what they should do , at their next appearance , in case these Acts ( called , saith he , Rules ) should be intimate unto them : And how a Paper was produced by some , appointed thereunto , which was only relative to these Instructions or Rules , with a touch of the reasons of their not-observing of the 29. of May , to which ( saith he ) afterwards was prefixed a pretty large Introduction , concerning Christ's power , in and over his Church ; and asserting the Magistrat's just right about Ecclesiastick affairs , as amply as any thing Mr Hutcheson spoke ; and denying him no more , when it was finished , than he ●enied unto him . Concerning this Paper , I can say nothing , having never seen it ; only I finde , it contained ( as himself tels us , in the following words ) this clause : That we could not receive from the Magistrate any Instructions , to regulate us in the exercise of our Ministrie : And I finde by his own relation ; that three or foure dayes they debated upon this clause , which he calleth , Unqualified : And that many of the Brethren were against it , as an Assertion , which being so generally and indistinctly expressed , would not hold water , nor be found agreable with the Word of God , or Concessions even of our Orthodox Anti-Erastian Divines , concerning the Magistrates just right . As to this Assertion , which , as he saith , Was not satisfying to some ; though I do not know , what particularly was objected against it by these some ; yet I may take liberty to say , that it appeareth not to me contrary either to the Word of God , or to the Concessions of Orthodox Anti-Erastian Divines , if it be understood , either as relative to the case than in hand ( as it behooved to be , if pertinently adduced , ) or according to the true and native import of the words , wherein it is expressed : and that because . 1. Nothing occureth to me , in Scripture , whence it can with any shew of probability be inferred , that this Assertion is not consonant to Scripture , except what is recorded of David's giving Instructions to the Levites , Porters and Singers , and Marshalling them in their several Orders and Work. But sure I am , all Anti-Erastian Divines look upon that practice , as no precedent to Christian Magistrates now , as is well known : And their ground is clear and irrefragable ; for David ▪ did what was done herein , not as King , by any proper Magistra●ical power , as is clear from what he said himself ▪ when he was delivering all these Orders and Instructions , mentioned 1 Chron. 23. and 24. and 25. and 26. over unto Salomon Chap. 28. vers . 9 , 10 , 11 , 12 , 13. he tels him vers 19. That the Lord made him understand all this , in writting by his hand upon him : And accordingly we finde Salomon doing nothing in this matter by his own proper Magistratical power ; 2 Chron. 8 : v. 14. But according to the order of David his Father . And moreover , when King Hezekiah is about this work , reforming what was am●sse , he doth nothing of this kind , Iure Regio , by his Magistratical power ; but according to the commandement of David , and of Gad the Kings Seer ; and Nathan the Prophet , 2 Chron. 29 : v. 25. and it is added ; for it was the commandement of the Lord , by his Prophets . In like manner King Josiah , when he is ordering Church-affairs , and reforming abuses , assumed nothing to himself of this Nature , as King , but appointed all to be according to the writting of David King of Israel , and according to the writting of Salomon his Son , 2 Chron. 35 : 4. 2. Nor can I call to mind what that Concession is of our Anti-Erastian Divines , that can seem to contro●e this , ( 1. ) It cannot be that Concession , That Magistrates may and should put Ministers to their Duty , in following the Rules and Injunctions , prescribed by Christ , viz. in their Political Way , and by their Political Penalties : For hence it will no way follow , that Ministers receive Instructions from Magistrates , to regulate them in the exercise of their Ministrie ; more than it can be said , that Magistrates receive their Instructions , for regulating them in the exercise of their Civil Function , from Ministers ; because Ministers , in their Ministerial Way , put Magistrates to their Duty , in following the Rules prescribed by God in his Word . ( 2. ) Nor can it be that Concession , That Magistrates may , by their Political and Civil Sanction , confirme and enforce civilly Canons and Rules , Ministerially cleared and concluded by Church-Judicatories : For that is but to presse the Rules of Gods Word to be observed , and is no prescribing of Injunctions ; but an enjoining civilly the Observation of Injunctions , imposed and proposed Ministerially by Church-Judicatories . ( 3. ) Nor can it be that Concession , That the Magistrate is Custos utriusque tabulae , for the Reasons already given ; The Minister also may be said , to be Custos utriusque tabulae , in his way and manner ; and yet none wil hence inferre , that he may give Instructions unto Magistrats , to regulate them in the exercise of their Office. ( 4. ) Nor can it be that Concession , That the Magistrat is Episcopus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , an overseer of things without ; for these external things are properly and formally political things , belonging to the Civil Government of the outward man ; among which the function of the Ministrie , as such , cannot be reckoned ; this being purely Ecclesiastick , and properly belonging to the Spiritual Kingdome of Christ. ( 5. ) Nor can it be that Concession . That the Magistrate may limite and confine the Person of a Minister , whereby , per accident , there is a confinement laid upon the further extension of the exercise of his Ministrie : for every body seeth , that this is properly a confinement of the Person , and but consequently of the exercise of the Ministrie ; and no man will say , that is Orthodox , that the Magistrate hath the same Power over the Office of the Ministrie , that he hath over the Person of the Minister . 3. Some such thing may , I grant , be gathered , with some probability , from that Assertion of Vedelius , viz. That Magistrats have an Inspection of the Office of Ministers , as he urgeth it . But he is no Anti-Erastian , but an Erastian Divine : And I suppose no such thing will follow from this Assertion , or the like , as qualified or explained by our Orthodox Divines , who have written against Vedelius , such as Apollonius , Triglandius and Revius : Beside what Walaeus and Voetius have spoken hereunto . 4. I conceive that Assertion was very orthodox and safe ; for these Reasons , ( 1. ) This Power of giving Instructions , for regulating the exerci●e of the Ministrie , would inferre or presuppose , that the Office of the Ministrie , and its exercise are subordinat to the Magistrate in linea recta : For Instructions and Orders or Rules coming from a Superiour ( for from such they must come and not from an Inferiour , not yet from a Co-ordinat Power ) to an Inferiour , say , that the Superiour hath Power to grant a Commission to that Inferiour , be it Court or Person , to Act in that function and sphaere ; and a Power to Limite , Restrict , Enlarge or Qualifie the exercise of that function , as he seeth good : But none of our Orthodox Anti-Erastian Divines grant a Subordination , but assert a Collaterality . ( 2. ) No Orthodox Anti-Erastian Divine will say , that Ministers , as such , are so subordinant unto the Supreme Magistrat , as other inferiour Magistrates are . But if the Supream Magistrat might give Instructions to Ministers , and prescribe Rules to regulat them in the exercise of their Ministrie ; what difference shall there be , as to this , betwixt Ministers , as such , and inferiour Magistrates ? Can the Supream Magistrate do more , as to the regulating of the Magistratical function , in inferiour Magistrates , than Limite them , Restrict them , Qualifie them by such and such Instructions ? and what less shall now hereby be granted to him , in reference to Ministers , as such ? 5. But now if we speak of Injunctions and Instructions , in particular , the matter will be yet more clear , that that Assertion was truth , and nothing but truth : For either the Instructions are concerning such things , as are at all times necessary to the right exercise of the Ministery ; or concerning alterable circumstances , which only hic & nunc can be called neces●ary : If the former be said , it must be granted , that these are set down to us in the Word ; for all necessaries are there contained ; and if so , the Magistrat either enjoineth these Ministerially , as holding forth the mind of God ; but this cannot be said , for then were he no Magistrat , in that , but a Church-Officer and a Minister : or Magistratically and Autocratorically , as a Civil Magistrate . And then this must either be , in Ecclesiâ reformata & bene instituta , that is , in a well reformed and instituted Church ; or in Ecclesiâ reformanda & confusa ; that is , in a Church wholly confused & needing reformation ; In the former case , Orthodox·Anti-Erastian Divines will say , there ought to be an antecedaneous judgement of the Curch , or of Ministers , who are the only authoritative and authorized Ministerial Interpreters of the Word : And then the Magistrat doth not give the Instructions , but by his Civil Sanction politically inforceth the observation of Gods Instructions , authoritatively and ministerially held forth by the authorized ministerial Interpreters . The latter case is not our case , unless by this Concession we would grant Power and Liberty to any Magistrate , to overturn the best reformed Church that is , to the end he may order all things in it , as he pleaseth ; which was never understood by the Users of this Distinction . If the Instructions respect only the alterable Peristatica : Either Christ hath given Power to his Church , in these cases , to judge , according to the General Rules of the Word ; or not . No reformed Orthodox Anti-Erastian Divine will say not , and if the former be said ( as it must be said ) Then quo jure ? By what Law can the Church be robbed of this Power ? And by what right can the judgement of this matter be committed , in prima inflantia , at the very first , unto the Magistrat ; or rather wholly and solely unto him ? For thus the Ministers are altogether excluded , when it is said , that the Magistrate can give Instructions in these matters : For the granting of this power unto the Magistrate , will necessarily bring the examination and judgment of Ministers , as to the Acts of the exercise of their function , unto the Civil Court , either wholly , or in the first place at least , contrare to the Orthodox Anti-Erastian Doctrine . I think then , that all , who minded honest and plaine dealing , in this day of tryal , and of witnessing to the truth ; and to that truth , that so neerly conce●ned Christ , as King and Head of the Church , should have consented unto this Assertion , and in plaine termes have told the Councel . That they were to receive no Instructions from the Magistrat , to regulat them in the exercise of their Ministrie . He tels us next , that Some supposed this question was determined , in the Concessions , that were in the Introducto●y part of the paper wherein the Magistrat's power objectively Ecc●esiastical is asserted . Bu● if all those concessions , set down in the Introductory part of the Paper , issued in the clearing of the Magistrates power to be objectively Ecclesiastical , they expressed nothing to weaken the fore-mentioned Clause : For , who will say , that because the Magistrat's power is objectively Ecclesiastical : Therefore he can give Instructions to regulat Ministers , in the exercise of their Ministrie ? It were as good a consequence to say , The Magistrat is keeper of both the Tables of the Law. Ergo he may set down Instructions , Limitations and Rules , shewing when the Law o● God shall oblige as the Law of God , and when not . And to lay , Because he hath the Scriptures for the object of his care : Therefore he may set down Rules how this or that Prophecie , this or that doctrinal Book , or History should be understood and Interpreted . So to say , Because his care reacheth to Doctrine , and he must countenance the preaching of Truth , and discountenance the preaching of Errour . Ergo he may appointe Ministers what to preach , and what not ; and command them to preach of the Seven deadly sinnes , and not of Predestination , as the King said in his Letter to the Archbishop of York And because his power objectively reacheth to the Worship of God : therefore he may do as Ieroboam did . So because Discipline and Government are also the object of his care , therefore he may give Rules and Instructions , how the Chu●ch shall be governed ; that is to say , whether by a Pope , or by Prelates , or by the People , or by Himself and his Under-magistrates . Yea and from this power objectively Ecclesiastical , it may as well be Inferred , that he may regulat Controversies and other debates , handled in Church Assemblies , and prescribe what Arguments pro and what Arguments contra shall be used , what sins shall be so and so Censured , &c. Yea , in a word , we may as well inferre from this objectively Ecclesiastical power , all that is summarily contained , in the Explicatory Act of Supremacy : As that he may give Instructions , to regulat Ministers , in the exercise of their Ministrie . How did this debate issue ? He saith , in end , some made a motion , which , with common consent , so far as could be discerned , was embraced : And what was this ? That the Assertion should be thus qualified , That we would not receive from the Magistrate Instructions , Formally and Intrinsecally Ecclesiastical , to regulat us , &c. Which , in my judgment , was either nothing to the purpose ; or ( which is worse ) was a betraying of the Cause : For either this was understood , in reference to these Rules , which the Councel prescribed in their Act Sept. 2.1672 . or not . If not , what was it to the purpose then in hand ? If it was understood with this reference , then either hereby they meant to justifie and defend their refusing to accept of these Instructions , or to justifie their accepting of them , but not of others . If the former be said , Then ( 1. ) Why was Mr Blair so much condemned , who did but refuse the accepting of these , that had been expressed in the Act , and were then exhibited ? ( 2. ) Why was it not plainly affirmed , that they would not receive these , that the Councel tendered unto them ? ( 3. ) Why was there so much debate in private , about a general Thesis , when the clear assertion of the Hypothesis , would have salved both Credite and Conscience ? If the Assertion was thus qualified , to justifie their accepting of these Rules , then sure , the cause was betrayed : And if they were clear to accept of these Rules , what necessity was there for this general blinde ? If they intended it for a Testimony , was that a fi● season for a Testimonie , when they were resolved to yeeld to all , that was at that time desired , without hinck or scruple ? Further , I suppose it wil be found , that some of these Instructions were indeed formally and intrinsecally Ecclesiastical . And if these were excepted , they should have been particularly mentioned , that all might have been clear ; for in Testimonies we cannot be plaine and clear enough . If they were not clear to embrace these Instructions ; why did they not unanimously agree to tell this in plaine termes ? And if reasons of their refusal had been demanded , ingenuity and plain , dealing had furnished them with reasons sufficient , taken both from the matter of the Rules , the manner of enjoining them , and from the sad consequences of obeying them , beside several other circumstances , not to be despised . When all agreed unto the Assertion thus qualified , and so to the whole Paper that was drawn up , he tels us , there fell out another question , whether that Paper should be made use of , as a Directory , when they should be called to speak , before the Councel , or if it should be subscribed by all , and so given in as their answere , and sense of these Matters ? This was , no doubt , a weighty debate , and such as might have occasioned their breach among themselves : But when the Lord is away , what Light or Counsel can remaine ? Well , what came of this question ? The generality ( he saith ) were indeed for the subscribing of it . Which I confess I would not have been for ; Nor yet for using of it as a Directorie ; for reasons already given . But now the generality being for the subscribing of it , what became of it ? Was it subscribed indeed ? No , saith he ; and thus the Minor part prevailed . But he saith , there were Reasons moving hereunto . And I shall be glade to hear these . The first is , One , who was then withdrawn about some necessary affairs , had declared before , upon reasons ponderous to him , that he was not free in his mind to subscribe any such Paper , at that time . It seemeth strange to me , that the unclearness of one should have proven such an effectual meane to stop the rest , in that , whereabout they had no scruple ; especially when that one did not shew , what his ponderous reasons were . I humbly judge ; the Zeal of God would have determined them another way . But there was good cause for this ; for saith he , They judged it not safe , but prejudicial to the cause , and to unity to break bulk , and Act in a divided way , when all were ready to concurre in the matter , though they differed in the forme and manner : And how inconvenient was it , saith he , that differences about the manner should be seen in publick , when they were one upon the matter ? But what prejudice had come to the cause , if a Testimonie had been given-in to the Councel , unto which all had assented , though it had wanted the subscription of one , who was necessarily absent , when it was subscribed ? Yea , though it had wanted the subscription of one , who was unwilling to subscribe ? In so doing they did not break bulk ; but that one , if ever he had been within the hold , had made the breach , by abandoning his Brethren . Unity and Harmonie is good , I grant ; but I know not , why every man should have a negative voice , in all such matters ; and why nothing should be done by a Company or Society , if but one man dissent . I know no Divine rule for this ; nor will Christian prudence teach it : and I am sure , it is one to an hundered , if ever any thing be done of moment , or hazard , by a company , on these termes . And I much doubt , if , when one onely Person , yea or two are refractory , all the rest of that Society should think themselves exonered in Conscience , to forbear a duty , clearly called for . The forme and manner here was ( I judge ) a material thing ; and who were not clear , as to it , could not be very clear as to the matter . There was another reason of this forbearance , Had they ( saith he 2. ) been free to subscribe Papers , at that time ; yet they could not look on that Paper , as it was hastily and crudely patched up , as beseeming so many Ministers of the Gospel , to give-in to the State ; as their mature and formed thoughts . In thesi I grant , it is good , that no man should subscribe a Paper , with which he is not satisfied ; and I think , it is exception relevant enough against the subscribing of a Paper , called or looking like a Testimony , when it is not plaine nor full enough , even though what is said be otherwise not reproachable . But as to this Paper , I think , this reason of his very strange , when he told us before , that the generality was for subscribing of it , as it was rude , hasty and raw . Whence came this change ? Second thoughts , it seemeth , have taken place . But in soberness , I cannot but think strange , that so many able Ministers of the Gospel could not , after so many dayes debate , give their formed and mature thoughts of a Business , in which every Minister of the Gospel , and Servant of Christ was obliged to be ready alwayes to give , upon less , than a few houres warning , yea at the first demand , an account of his Faith ; especially in this Controversie , wherein all were called to be most clear ; and they especially , who could not but know , that their silence , as to bearing Testimonie to the Truth , at their first receiving the Indulgence , had given such offence : for my part , though I cannot judge of the Paper , having never seen it , and though I see not , how all he saith of it can prove it raw and indigested , considering the account he gave of it before : Yet because of that one clause , he tels me was in it , and universally assented unto , I am as glade it was not subscribed and given-in , as he was ; and upon that account do judge , it was unfit to to be a standing thing ( as he speaketh ) for friends and foes , at home and abroad , to descant upon . Onely I wonder how this Consideration could prevail with them , rather to commit the expressing of the matter unto their chosen Mouth ; seing words spoken are more liable to Mis-constructions , and Mis-representations , and other Mistakes ; than words set down in write ; and it was one to to an hundered if that one Brother , their Mouth , should so happily , in a set discourse , hit upon the very expressions , that were onely accomodat to declare all their mindes ; or if that Brother could have expressed the matter , in more lively , masculine , digested and significant Expressions , why might he not have been at so much paines , as to have set these down in write , and then the Paper , being no more raw and indigested , might have been subscribed and given in ? But the plaine Truth is , litera scripta manet : And it was to be feared , that a written Paper would have provoked the Councel , more than a transient and volant Expression , in a running discourse , buried under an heap of words , and so not fully understood , could have done . Finally , I would tell him , That an honest , well meaning , and plaine Testimonie , though not set off with the paint of Words , and Expressions , having all their amiable cadencies and flowrs of Rhetorick , would go far with honest well meaning Friends , both at home and abroad , and have been very acceptable ; yea and more convincing unto Enemies , whether at home or abroad , whose angrie descanting upon it would have been a further Confirmation of its honesty and validity . There is yet a Third Reason given , which is something long . There being ( saith he ) such a clashing among Ministers and People , some being for an utter refusal of any benfite of the late liberty ; and others being free to make use of it , having given a Testimonie in their Station ; and that Paper relating only to these Instructions , and not to the whole cause , they could not but foresee , that the giving-in of that Paper would have been looked upon , as a Testimonie ; and therefore being so defective , relating only to these Instructions , and not speaking to other cases , it would raise greater debates , and heighten differences ; and this they were confirmed in , when a Brother , coming-in among them , told them expresly , their Testimonie ( as it was called ) was defective , and would do more hurt , than good , except it were fuller : yea certified we were upon good grounds , that if that Paper had been given-in , more tongues and pens would have been awaked , and set on work against it , than now are against the forbearing of it . In which case , albeit I could heartily have wished a full , free general , unanimous Testimonie were given-in ; yet I cannot see , how their prudence can be blamed for forbearing that , which would certainly have ministred fewel to the fire , which is like ( if mercy prevent it no ) to consume this poor Church , and may perhaps burn their fingers , who are so eager to kindle and blow at it . Not to insist nere on enquiring who were those , who were free to make use of that , ( which he calleth Liberty ) having given a Testimony ? And what was that Testimony , and when and in what Station , was it given by such , as were free to make use of it ? Nor on showing how Improbable it was , that such as could not agree on a Paper , relating only to these Instructions , could agree to a more full Paper : I would only say ( 1. ) Matters being so , as he here saith , could they not also foresee , that the Words , uttered by their Mouth , following this Directory , would be also looked upon , as a Testimonie ; and that that Testimonie , relating only to the Instructions , would have been judged defective ; and so occasione new Differences ? ( 2. ) If the Paper was defective ( as very like it was ) why was it not helped ? Why was the matter made worse , by giving-in no Paper at all , but committing the matter to the uncertain Expressions of one of their number ? Could this more prevent the trouble of Tongues and Pens both ? ( 3. ) If he commend their Prudence for not ministering Fewel to the fire , he cannot approve them , for casting in Oyle ; for certainly the Course which they took , did contribute more to the burning fire , than that course could have done , which they did forbear . ( 4. Woe to them , that first kindled that fire , which is like to consume that poor Church ; and to them also , who Administer fewel thereunto ; but let some laboure , as they will , to free themselves of this , It shall , I fear , lye at their doors . But now , when all thoughts of subscribing that Paper were laid aside , what course was taken ? It was resolved ( saith he ) that one should be mouth to the rest , to speak their sense of these Impositions , in case they were to be intimate to them : And that this one was Mr. H. and that he was to hold him to the matter , agreed-on in the Paper . Though I could rather have been satisfied , that a full and faithful Paper , subscribed by all , had been given in , than that this course had been taken ; yet , to wave reports of some circumstances , that then went abroad , I think it was requisite , that they had particularly condescended upon the fit season , when their Mouth should have uttered their mind ; and I cannot be of this Authors mind , who thinketh , that he was not bound to speak in that affaire , until he was called upon by the Councel ; which might have been , for any thing I know , after all and every one of them had been put to speak their own mind , in particular , or say nothing , which the Council could not but take for a compliance . Yet he giveth this reason . That the time not being determined by his Brethren , he was to be ruled by Prudence , which dictated his own being called-upon ( whensoever it might be ) to be Gods opportunity season and call , to speak what he had to say : The thing also it self , and the usual practice in like cases saith , it was the most fit time to speak to the cause , when all had been gone thorow , and then when he had spoken his light in the matter , the Brethren ( as he willed them to do , when they named him ) might adde , diminis● , or alter , as they thought fit . This is a wonderful thing , that one should be appointed to speak the sense of the rest of certaine Impositions , or Injunctions , in case they were intimate ; & yet that prudence should not teach him to speak , when the Intimation was first made : Was not his speech to be in reference to these Impositions ? Was not his speech to be ( at least ) a virtual Protestation , Apologie or Insinuation of Reasons , why they could not in conscience accept of these Impositions ? or an Explication and declaration of the sense , in which they were clear to accept of them ? And if so , doth not Nature & Common sense teach , that the onely season for this had been , when the first offer of these Injunctions was made ; and that it was a manifest loseing of the opportunity , to delay , till after the Instructions had been tendered , & accepted by severals of the Brethren ? did not the accepting of the Paper , containing these Instructions , virtually ( at least ) if not formally say , that they submitted thereunto , and were satisfied therewith ? And then , what could their giving of a sense afterward import ? Neither the thing it self ( as every one knoweth ) nor any ( set be the usual ) practice , in such like cases , saith , that it was the fittest time to speak , when all had been gone thorow . Had he been only to speak his own judgement , in the matter , he might have forborn , until the offer had come to his own door ; but being appointed mouth to the rest , and to speak the sense of all the rest , when these Impositions were offered , his delaying until some , yea till many , had received the Impositions and Rules in write ; was really a crushing of what Testimony was intended by his speaking in their names : And what could the Council judge otherwayes , than that the mouth , that spoke , was not their publick mouth , having been so long silent ; but his own , speaking only when it came to his own turne ? And if what that mouth spoke had been dissatisfying to the Council , and contradictory to their sense and meaning , might they not have judged the silence of such as went before , and had received the Injunctions , a plaine homologating with their Meaning and Intention ? & that their Mouth 's speaking had discovered them not to be all of one minde ? This is concerning what passed among these Brethren , in private , before they compeared , according to the order of the Council . We would know , what was their deportment , when they compeared : And our Info●mer tels us , that when they compeared , the sentence of the Council for not-preaching May 29. was read unto them . After which , we are told , that Mr H. addressing his speech to my L. Chancel . did declare , That his Brethren and he did very cheerfully submit to any out ward prejudice they might sustaine , in following their light , yet humbly desiring that the true state in their case might be remembered by their LL. And that they were brought under that sentence , not upon account of any disloyalty to Authority ; but upon a scruple of conscience , concerning that particular way of expressing it . Of which I shall not now speak ( having spoken to this matter before ) and it doth not concerne our present business : only it is obvious , that more , yea much more , might and should have been said . It is more to our present purpose , to notice what was further said . With all ( saith he ) not knowing , whether these Instructions were to be presented , but rather to obviat them , Mr. H. added another desire , That their LL. would be pleased not to burthen them with Impositions , in the matter of their Ministrie , wherein they were the Servants of Christ , and they being men , who demeaned themselves , as became loyal Subjects . Here is my former remarke confirmed ; for prudence taught , we see , this their Mouth , to speak something to the matter , even though as yet the Impositions were not presented , and offered to them . Moreover , this desire doth import , either that he and the rest were unclear to submit unto Impositions , in the matter of their Ministrie , because of their being the Servants of Christ ; or that , though they looked on these Impositions as burthens , and so wished to be free of the yoke ; yet being imposed they would submit unto them , as to an outward prejudice , which they behooved to sustaine ; as he spoke before in reference to the sentence , read against them . If this later was his meaning , it is past doubt , that the Cause was betrayed , and his mouth stopped from giving that Declaration or Testimonie , in all their names , which he was ordered by them to give . If the former was his meaning , as I am apt to think ; why were the Brethren so offended with what Mr Blair said hereafter ? ( as we shall hear they were ) was it because Mr Blair's words were too too plaine and distinct ? Sure , Christianity will tell us , that Testimonies cannot be plaine enough . Upon this he tels us , they were ( as they thought ) dismissed . But the L Chancel . forthwith called them againe , as they were turning their faces towards the door , and told them , that seing some of their number had said , these Papers viz. the Papers containing the Instructions ) were not given them , the Clerck was to give every one of them a Copie , which accordingly he went about to do . May not every body now think strange , that prudence did not now teach thei● mouth , to express what he had to utter in their names , when all of them were thus spoken to in Common , and particular mention was made of that Paper of Instructions , which before , when no mention was made thereof , he laboured to obviat & prevent the giving of ? When their faces are now againe turned towards the Councel , the Clerk went about to deliver each the paper of Instructions , and we are told that they had been delivered to the one halfe or more of the Brethren , even to all cited out of Clidsdale , Renfrow , and some of Kyll before they came to Mr A. Blair . And our Informer tels us , he beleeveth there were few or none of these behind , that resolved to speak any thing till Mr H. who was not called upon yet , should beginne , ( as they had agreed upon , Mr A. Blair consenting thereto , as well as the rest ) if Mr Blair's speaking had not drawn some of them , who had been spoken to before , and others , as they were called thereto thereafter , to speake somewhat : But all stood still in one body , waiting till it should come to Mr H. who was to be their common Mouth , to speak their mind , and they to homologat , adde , or alter , as they should think fit . This is our Informers relation of the business , and I shall not question the truth thereof , but come and see what he saith of Mr A. Blair and his discourse , which ( as would seem ) broke the intended method and order . As for his Reverend Brother Mr A. Blair's speaking , he saith , as I hope in Charitie , his motive was zeal and forwardness ; so I wish heartily it had been forborn till its season ; for hinc illae Lachrimae ; and the rather I wish he had not first filled the field ; because that lax assertion ( of which before ) of receiving no Instructions from the Magistrate &c. ( albeit it had been limited and qualified by Common consent ; Yet ) he I know not how repeated it to the Chancellour , in terminis , telling , That he would not receive Instructions from them , for regulating him , in the exercise of his Ministrie ; and added this reason , That if he did so be should not be Christs Ambassadour , but theirs . To which I shall only desire to say . That I am of the minde , that as true Zeal and Conscience of duty moved M. A. Blair , to say what he said ; so the same should have moved all of them , to have said the like , or more . And I cannot but think strange , that this Informer thinketh it was not seasonable for Mr Blair to speak , when the trial came to his own door ; and that notwithstanding their Common mouth had been so long silent , and neglected his opportunity : Our Informer told us lately , that it was seasonable for Mr H. to speak , when it came to his turne : and was it not as seasonable for M. B. to speak , when it came to his turne ? As for his calling Mr Blairs Assertion , lax ; I shall passe it , having sufficiently shown above , how consonant it was to truth , and how groundless all the exceptions were , that were taken at it , so far as I could conjecture . And I wish himself had hinted ( at least ) some one ground or other , whereupon he judged it lax . And what difference , I pray , was there upon the matter , betwixt Mr H's requesting , that they might not be burthened with impositions in the matter of their Ministery . And Mr B's saying , that he would not receive Instructions from them , for regulating him in the exercise of his Ministrie . Mr H's expressions wanted the limitation , that they had all agreed upon , to wit , formally and intrinsecally Ecclesiastical , as well as Mr B's ; and no man will say , that the word , Impositions , do more import Instructions formally and intrinsecally Ecclesiastical , than the word , Instructions : Nor is there any such difference betwixt these words , in the exercise of the Ministery , which were Mr B's words ; and these words , in the mattter of the Ministrie , which were Mr H's words , as to make the one discourse Lax , and the other acurate . Nay , I am ready to say , that Mr B's Assertion was both more congruous to the truth and to good sense , than the words of the other . And finally , This Informer is not well satisfied with the Reason , which Mr B. added ; and yet the same was insinuat , in Mr H's discourse , in these words , wherein they were the servants of Christ ; for these words did either containe a reason , why their L L. should not burden them with Impositions ; or they sounded forth nothing but non-sense ; as every understanding Reader will see . Yet this reason is made the ground of a great out-cry , for he addeth , which reason , if it do not al 's strongly militate against Ministers receiving of Instructions and Rules ( for the prescriptions in that Paper go by these names ) from Church-judicatories as well , as from the Civil , and strick equally at the Diatactick power of both , I leave to you to judge ; And then to make all strong , the matter is cast into a Syllogisme , but with this mishap , that it is made up of four termes , contrary to the law of Syllogismes . But this is but trivial . It is more to the purpose to say , that this same absur●ity will follow upon what Mr H. spoke , ( unless he pleaseth rather to let it passe under the notion of Non-sence ) and therefore what ever way he shall think to salve Mr H's credite , wes hall by the same way salve Mr B's . Though this might satisfie : Yet I shall tell him , that it is far worse for him , by his discourse here , to grant unto the Civil Magistrate a Diatactick power , in matters ecclesiastical● , in such an illiminated and unqualified manner , as he doth , when he talks of the Diatactick power of both : for this is a manifest homologating the Supremacy , as lately explained by the Patlia . But for vindication of Mr. B. he would know , that he was speaking only of Instructions coming from Magistrates , acting by their Magistratical and Architectonick power ; and not of all Instructions coming from any what somever beside Christ ; and his reason was against the receiving of Instructions from Magistrates , as such , to regulat him , in the exercise of his Ministerie ; and did not militate against receiving of Instructions from Church judicatories . For clearing of this , and for his instruction , I shall tell him first . What Instructions Ministers or Church-judicatories give , they give them by a Ministerial Power , explaining , applying and authoritativly declaring , what are the Impositions , Rules , and Instructions of Christ ; so that they are but as Heralds and Messengers , Proclaming and declaring , with a Ministerial Authority , the mind of Christ : and therefore the receiving of such is but the receiving of the Instructions and Impositions of Christ , sent and delivered by Christ mediatly by such , as stand in a right line of subordination to Him , as sole Head and King of his Mediatory Kingdom , and act onely as in that relation and subordination . But on the other hand , as Magistrates , as such , are not Ministers of Christ , as Head of his Mediatory Kingdom ; so nor do they act , in giving out Lawes and Instructions , as Christs Heralds and Ministers , ministerially explaining and applying the Rules and Instructions of Christ : Nor do they press these Instructions , as Christ's Instructions , nor in his Name and Authority ; but as in all other things , so here , they act with an Autocratorical and Architecctonick power : So that , when they give Instructions to Ministers , to regulate them in the exercise of their Ministrie , they do it by their Magistraticall and Architectonick power , by which they do all other Magistratical Acts. Hence is it , that such as receive Instructions , to regulate them in the exercise of their Ministrie , from Magistrates , do acknowledge this Magisterial and Architectonick power in Church-matters , to be competent to the Magistrate , as such ; and themselves to be formal Ambassadours and Servants of the Magistrate : for , who receive Instructions from one , acting Magisterially and Architectonically , in Church-matters , do owne themselves as his Servants : which cannot be said of such , as receive Instructions from Church-judicatories , which act but ministerially ; and thereby formally declare , that the Architectonick and Autocratorical power , over Church-matters , agreeth alone to Christ , whose servants they declare themselves to be , in that very act of holding forth these Instructions , as the Instructions of Christ , and that in His name . This is one maine difference . Hence Secondly , Ministers receiving Instructions , for regulating them in the exercise of their Ministrie , from Magistrates , acting like themselves , Magisterially and Architectonically , do ( if not formally , yet at least ) virtually deny Christ to be the only Head and Lawgiver of his Church Acting and Ruling with a supream power : for this Architectonick and Supream power , in the Church , is competent to Christ only ; and he hath substituted none , as his Vicar-general , neither Prince ; not Prelat , Pope nor other : As were easie to evince , if needful : And so there is but one Architectonick Supream Magisterial Power in the Church ; and if this be attributed to the Magistrate , Christ is put from his Right : And so such Ministers , as by receiving Instructions from Magistrates , to regulate them in the exercise of their Ministrie , do attribute this Power to the Magistrate , must of necessity take and have their Commission from Magistrates , and become their Ambassadours , and not Christs ; because by this deed , as they spoile Christ of his Prerogative and Crown , attributing that unto Magistrates , which is proper to Him ; so they acknowledg their Dependance on , and Subordination to Magistrats , and not upon and to Christ. But nothing of this kind can follow upon receiving of Instructions from Church-Judicatories , acting as Christs Servants ; and , in the very way and manner of their Acting , declaring Christ to be the Sole Head and Supream Governour of his Church : For , as the Church-Judicatories act but Ministerially , so the receiver of Instructions from them , can owne no other Power in them ; because they receive these Instructions from them , as authorized of Christ , with power Ministerially to declare his mind and will. And this is a Second Difference , which leadeth me to a Third , which is this , Christ hath never appointed Magistrates , as such , to Act under him , after such a manner , in the regulation of his Church and Mediatory Kingdom ; as he hath appointed Ministers and Church-Judicatories . Now , to receive Instructions from an Usurper , is to acknowledge the power of the Usurper , & a dependance upon him , as his Servant : And therefore , as a King will not owne that man , as his Ambassadour , who taketh his Instructions from an Usurper : So nor can that Man formally look upon himself , as the Kings Ambassadour ; but as the Ambassadour of that Usurper . But when one taketh Instructions from the Councel , acting in subordination to the King , and clearing his mind by vertue of his Commission , impowering them thereunto , he is truely the Kings Ambassadour , though the Council did immediatly give him his Instructions : So a Minister , receiving his Instructions immediatly from Church-Judicatories , is nevertheless the Ambassadour of Christ ; for the Church-Judicatory acteth in subordination to Christ , and only cleareth up his mind , by vertue of his Commission , impowering them thereunto . Thus I have manifested the Invalidity of this Informers Argument ; and withal shown that Mr. B. had good ground to say what he said , and to reject these Instructions , upon that very ground , that if he had accepted of them , he should have acknowledged himself not Christs , but their Ambassadour ; and withal have shown , that the Indulged Ministers , in receiving these Instructions , have declared themselves not to be the Servants & Ambassadours of Christ , but of the Magistrates ; & therefore can be owned as no other . Our informer tels us , in the next place , That there were some speeches , betwixt My L. Chanc. and Mr B● . and that Mr B. did not deny that the Council might confine him , when the Chanc. asked that at him . And this being one of the Rules , our Informer supposeth , that hereby he overturned his own universal negative . Wherein he is no less mistaken , than he was in his last reasoning ; for though it be true , that the Council did confine them to these places , ( which , among other things , as then circumstantiat , might have moved them to have refused that Indulgence , they being thereby declared no more free Subjects , and unworthie of the Common Privilege of all Free Subjects ; and so actually under the Scandal of Disloyal and Censured Persons , which , as it was a Reproach to the Ministrie ; so it could not but expose them to Contempt , and make their Office vile , in the eyes of the World , and their paines fruitless , when their Ministrie was made contemptible : And if there was some further Designe in this obvious , it was so much the more worthie of their Consideration . ) Yet it is as true , that this Confinement was properly and directly of their Persons ; and cannot , in any propriety of speech , be called a regulating of them in the exercise of the Ministrie . The Ministers Body and his Ministrie is not one and the same thing . It is true , by confineing of the Minister to such a particular place , the exercise of the Ministrie is consequently confined : But hence it will no more follow , that the Magistrate may give Injunctions , to regulat Ministers in the exercise of their Ministrie ; than it will follow , that he may depose a Minister from his Ministrie , because , when he condemneth him to death , and accordingly causeth the Sentence to be execute , or keepeth him in closs and perpetual prison , he doth consequentially put him from the exercise of his Ministrie . Yet he cannot but know , that this Consequence is naught , and that a Physical restraint and a Moral Restraint or Limitation much differ . When Mr B. upon this honest Testimonie and Declaration , was committed to a Macer to be carried to prison , the Informer tels us . That the Brethren , being surprized , with his speaking unexpectedly ( besides the Common agreement ) and with the Asser●ion that dropped from him and affected with the Apprehension of the Issue , began to be much Afflicted in their Spirits But why were they not also surprized with Mr H's speaking unexpectedly , besides the Common agreement ; for the Common agreement was not , that he should say any thing in reference to the Instructions , before the Councel had made any motion there about ? And why were they not also surprized with the Assertion that dropped from him , seing , as is shown , it was the same upon the matter , with what Mr. B. said , unless we think he meant it in a most corrupt sense ? After this he tels us , that upon Mr B. his commitment to the Macer one Minister told My L. Chanc. that he beleeved diverse Ministers of that Company were , upon the matter of Mr B's judgment , whereof himself was one : And another declared , that one of these Rules did bring Ministers into direct Subjection to Prelacie , contrary to their Principles . Whereby I see , that the Consternation and Affliction of Spirit , was not so universal , as he did just now hinte : and that all were not of a Contrary judgment to Mr B. and that the agreement to the forementioned limited Clause , was not so unanimous and cordial , as he would have made us beleeve : But passing these smaller matters , let us hear what followed . He addeth , Mr H. also , though his time was not come to speak , yet stepped in with them , to see what he could do to remove mistakes . Whereby I see , that even he was at length forced to transgress the Rules of Prudence , and to anticipate even God's Opportunity , Season and Call ( as this Informer supposeth ; ) and to crosse the Usual Practice in all such like cases , that is , to speak before his own turn came . I suppose , if Mr H. had spoken what he was obliged to speak , in Gods true Season and Opportunity , that is , when the first motion was made of delivering to them these Rules , he had prevented much of this mistake , and also Mr B's suffering . What were these mistakes , that Mr H. stepped now in , before the time , to remove ? Were they betwixt his Brethren ? Or betwixt the Councel and such of his B●ethren , as spoke ? And what were these mistakes ? Whatever and betwixt whomsoever they were , if he stepped-in to remove them , that which he said must be looked upon , as having a tendency to the removing of these mistakes ; and therefore we must suppose , that his Discourse tended either to rectifie Mr B. and such as were of his judgment , or to rectifie the Council , tha● had committed Mr B. to the Macer . If the Former , then in his judgment , Mr. B. and the rest , were not to be owned and approved in what they said , being in a mistake : If the Latter , his discourse should have tended to have vindicated Mr B. and to have shown the iniquity of what the Council had done : But it may be , it was of a mixed Nature , tending partly to Approve , and partly to Condemne both . Let us heare what it was he said . Our Informer tels us , He spoke according to the tenor of the Paper agreed upon , to this purpose , He humbly desired their L L. not to misunderstand his Brother Mr A. B ▪ for as for Rules intrinsecally Ecclesiasticall ( the other terme Formally was forgotten , through occasion of the present jumble , as our Informer supposeth ) For regulating Ministers in the exercise of their Ministrie ; he hoped their L L. Intended not to make and impose any such upon them , who were the Servants of Christ , in these matters . But for the Magistrates Power objectivly Ecclesiastical whereby they might judge of Matters of Religion , in order to their own Act , whether they would approve or discountenance such a way , he knew no Reformed Divine , that did deny it unto them . And judging that was his Brothers ( i. e. Mr Blair's ) sense , in what he spoke , did againe desire , he might not be mistaken . Now if we look on these Words , as they are here set down , we must take them either as an Apologie for , or as a Defence of Mr B. or as Explicatory of his Assertion ; and what way soever we take them , I cannot but observe their uselesness : For when he speaks of Rules Intrinsecally ( let us add Formally , though that was then omitted ) Ecclesiastical &c. he must mean either the Rules , which were then offered to Mr B. and the rest ; or some other : If some other , then he could not desire their L L. not to misunderstand Mr B. for Mr B. meant and spoke of the Rules , which were tendered unto him , and which he neither could in conscience , nor would accept of : Nor could he then be supposed to be speaking any thing in favours of Mr B. whether by way of Apologie , , Defence , or Explication : If he meant the same Rules , that were then tendered , Then ( 1. ) he must grant , that these were Intrinse●ally and Formally Ecclesiastical ; and so such , as the Magistrat might not make , nor impose upon the Servants of Christ , and that because they were the Servants of Christ , in these matters : And so consequentially , his Words confirme Mr B's Argument , which this Informer ( as we heard lately ) judged most absurd . ( 2. ) if he meaned the same Rules , why was the matter expressed in such general and not obviously intelligible Termes ? Every one doth not understand what the Termes Formally and Intrinsecally meane , in this Business , which is abou● Rules , to regulat Ministers , in the Exercise of their Ministrie . And the mentioning of these Termes , Intrinsecally and Formally , here , would say , that there were other Rules Extrinsecally and Materially Ecclesiastick , which the Magistrates might impose , and they might receive , to regulate them in the exercise of their Ministrie : Now I would gladly know , what these are ? Will the Confinement , or Imprisonment of a Ministers Person , go under that Name ? Or will Rules made , concerning the length of time , which a Minister is to spend , in the exercise of this or that Act of his Ministrie , or the like , be accounted such ? The first is wholly Political , and no more Ecclesiastical , than any other thing , which immediatly concerns a Ministers Person , as his Hat , Books and Cloathes , and the like . The Latter , as they partake more of the Nature of Ecclesiastical Rules , being more formally , and more neerly related unto the exercise of the Ministrie , but yet only in so far , as they belong to publick Actions ; so it is a question , if Magistrates may either solely , or in Prima Instantia , prescribe such Rules unto Ministers . However this being , at best , but dubious , and the other so clearly Political ; and it being ( to me at least ) very uncertaine , what Rules these are , which may be called Externally and Materially Ecclesiastical &c. I could have wished , that some Instances hereof had been given ; that so not only , it might have been known , what Rules were not Formally and Intrinsecally Ecclesiastick ; but also it might have been better understood , what Ecclesiastical Rules were Formally and Intrinsecally such . ( 2. ) The other part of the discourse , concerning the Magistrats power objectively Ecclesiastical , is as useless for any thing I can perceive , either for clearing of Mr B. or of his discourse : for . ( 1. ) There was nothing in Mr B's discourse , giving the least hint of his denying that power to the Magistrate , which all Orthodox Anti-Erastian Divines grant ; For the denying to the Magistrate a power of giving Instructions , for regulating of Ministers , in the exercise of their Ministrie , hath no affinitie with this ; as all know , who know any thing of these Controversies . Nor ( 2. ) doth this piece of the discourse , in any manner of way clear , in what sense Magistrates may give Instructions to Ministers , to regulate them in the exercise of their Ministrie , and Ministers may receive them ; and in what sense not . These two questions are so far distinct , that I cannot imagine to what purpose this discourse was brought in ; or what it was that gave the least occasion thereunto . But as to this maine Business , I would further enquire , whether the Brethren do judge , the matter of giving these Instructions , about which the debate did arise , did belong to the first part of the discourse ; and so to be Intrinsecally & Formally Ecclesiastical ; or to the later part ; and so belong to that power of the Magistrate , which is Objectively Ecclesiastical , whereby they judge of the matters of Religion , in order to their own Act , whether they will Approve , or Discountenance such a way ? This question must be judged necessary , unless that whole discourse be accounted Unnecessary and Impertinent . If the former be said , then why was any troubled at Mr B 's refusing to receive these Instructions ? Why were not those condemned , who had received them ? Why did not such as had received them cast them back againe ? How came it that all of them did not unanimously agree in this Testimonie ? Or how came it , that their Common Mouth did not speak what was the Common opinion of all ? Why was it not more distinctly and in fewer words said , That they could not receive these Instructions , as being Rules Intrinsecally and Formally Ecclesiastical , regulating them , who were the servants of Christ , in these matters . If the Latter be said , Then was not only Mr B 's both Practice and Discourse condemned ; but the whole cause was basely betrayed ; because under the pretext of the Magistrates power Objectively Ecclesiastical , that which is as Intrinsecally and Formally Ecclesiastical , as many other , at least , are , was granted to the Magistrate . Will the Magistrat's power to act as a Man , and not as a Brute , in his Magistratical work , about an Ecclesiastical Object ; that is , his power to judge by the judgment of discretion , which is Common to all the members of the Church , yea , to all men , as Men ; which Papists deny unto Magistrates , allowing them only to see with the Churches eyes , but Protestants grant unto them : Will , I say , this power warrand him , to give Instructions , and set down Rules , for regulating the exercise of the Ministrie ? Yea , or will his Authoritative Judgment , in matters of Religion ; that is , his sentence of Approving or not Approving ; of Tolerating , or not Tolerating in his Dominions ; of Countenancing or not Countenancing by his civil Lawes , such a Way or Profession of Religion , warrand him also to set Rules to the very exercise of the Ministrie ? By what argument shall this consequence be proved ; seing ( 1. ) In the one case , he judgeth of Religion , only in order to his own Act ; but when he prescribeth Instructions , Rules and Orders , he judgeth of Religion , or of that part of Religion , concerning which the Instructions are , in order to it self , and the Intrinsick manner of its Administration ( 2. ) In the one , his judgment is purely Political and Civil , in the other case it is really Ecclesiastical . ( 3 ) In the one case , his judgment is Objectively onely to be called or accounted Ecclesiastical ; but in the other , it is Formally & Elecitely Ecclesiastical . ( 4. ) In the one case , he acteth as a Magistrate , considering the outward Good , Quiet and Advantage of the Commonwealth ; In the other , he acteth as a Church-Officer or Head , considering the Intrinsick Nature , & Spiritual Ends of that part of Religion . ( 5. ) In the one , he acteth in subordination to God , as Supream Governour of the World ; but in the other , he acteth , as in a right line of subordination to Christ , the Supream Head and Governour of his Church , and Institutor of all the Administrations and Ordinances , dispensed in the Church , and sole Appointer of the Qualifications of the Officers , and Rules of Administration : Or rather , if he act as a Magistrate , in this last , he Acts by an Architectonical power , and so as an Usurper , or by a power , which is only proper to Christ ; or if he be said to Act ministerially , than also as an Usurper , because never impowered thereunto by Christ , the Supream King , and Head of the Church . If we look upon this discourse of Mr. H. as a Testimonie , ( and so it may be it was intended ) or as a Declaration of the Judgement of the Ministers , concerning the Magistrat's jus , or Right , to impose Instructions or Rules on Ministers , for regulating them , in the exercise of their Ministrie ; and concerning Ministers their call and warrant to receive or refuse such Instructions ; I cannot but observe ( 1. ) That it is very defective and short of a faire and full Testimonie , against the Practice of such , who were known to have invaded the Rights of the Church ; yea and the Prerogatives of Christ , as sole Head and King of his Church ; and , in prosecution of this designe of invading the same more , to have devised this medium of the Indulgence ( 2. ) That it is not a plaine and full Testimonie against the present Act of Usurpation , whereby a power was assumed to judge in matters Ecclesiastical , Intrinsecally and Formally such ; Yea , and to performe Elicite and Formal Church-Acts , either Ministerially , as Ministers of Christ , clothed with Ministerial Church-power from him , which cannot be Instructed , nor doth it compete to a Magistrat , acting as such ; or rather Magisterially , as Supream Governours in the Church , and Appointers of Qualifications , Rules , and Manner of Administration of Spiritual Institutions . ( 3. ) That it was not a full and plaine Vindication of the Doctrine of the Church of Scotland ; Nor an Assertion thereof , according to former Vowes , Covenants and Solemne Engagments . 4. That it was not candide and ingenuous , nor pertinent to the purpose in hand , as it should have been , by holding forth the Iniquity of such Impositions . ( 5. ) That it was conceived in such General and Scholastick termes , that neither they , to whom it was spoken , could well understand what was the drift thereof ; nor others conceive what was yeelded , or denied , in the then present case ; yea , did not some of the Council say plainly , they did not understand it ? ( 6. ) That it contained desingenuous Insinuations and unfaire Reflections on honest and worthy Mr A. B. and a tacite Condemning ( at least in part ) of his Plaine and Honest Testimony ; as if it had contained something , either as to the matter , or expression , unjustifiable ; or , at least , liable to exceptions . ( 7. ) That it contained ( at least ) as worded , a designe too obvious of humoring and pleasing the Magistrates , while actually stated in , and prosecuting an opposition to Christs Supremacie , and to the Right and Power , granted to the Church-Office-Bearers . ( 8. ) That as it speaketh not home to the point ; so it is not clear in it self ; opposing unto Giving and Imposing of Rules , Intrinsecally and Formally Ecclesiastical , a power only Objectively Ecclesiastical , whereby the Magistrate judgeth of the matters of Religion , in order to his own Act of approving or disapproving of such a way ; and nothing else : And so either accounting all things to be Rules Intrinsecally and Formally Ecclesiastical , which is not a meer judging in order to the Magistrates own Act ; or , on the other hand , accounting all things , in and about Religion , to belong to that power , which is Objectively only Ecclesiastical , and so to be no less competent to the Magistrate , than is that Judgment of discretion , whereby he judgeth , in reference to his own act of Countenancing or Discountenancing such a way , which are not real prescribing of Rules , Intrinsecally and Formally Ecclesiastical : And thus either giving the Magistrate too little , or else too much . He tels us of another , that spoke before it came to Mr H's turn ; and that this Person told , He could not receive Ecclesiastical Canones from their L L. but as for civil significations of their pleasure , under the hazard of civil penalties , he could say nothing to that ; & that another did homologate this speech . But under favoure , this is secundum artem violatilizare densa & densare volatilia ; a pretty whim wham good for nothing . On a serious solid zealous Minister should have been ashamed , to have substitute such Whity Whaties , in the place of a plain Testimony , clearly called for in the case . But these two Persons not onely brake their own Order , and might have occasioned some Consternation to the rest , as well as Mr B 's speaking did , but also spoke indeed nothing to the purpose ; and might as well have been silent , For ( 1. ) By this Distinction ( little better than a mental reservation ) they might have scrupled at nothing , that theMagistrate might attempt to prescribe , in Church-Matters ; no , nor at his giving Rules Intrinsecally and Formally Ecclesiastical ; for these might also passe under the Notion of Civil Significations of their pleasure &c. and thus contradict Mr H. their Common Mouth , and the Paper also , to which they had unanimously agreed : For , can they say , that the Magistrate giveth , or can give a Civll Signification of his will , onely when he judgeth in order to his own Act of Approving or Disapproving such a way : and so exerteth that Power of his , which is only Objectivly Ecclesiastical ; and not also in many other Acts , meerly Ecclesiastical , even Formally and Intrinsecally ? Or can they say , that all the Intrinsecalness and Formality , in Matters Ecclesiastical , consisteth in their being done by Church-Officers , acting in a Church-Judicatory ; and that ●here is no Act , which in it self can be called Intrinsecally and Formally Ecclesiastical ; but that the sole ground of that Denomination , is their being performed by Men , in Church-office ; and so the very Act of Preaching and of Administrating of Sacraments , might be done by the Magistrate , as Civil Significations of his pleasure , being not Intrinsecally and Formally Ecclesiastick , but when done by Church-O●ficers : And thus all the Ecclesiastickness of Actions , which are Intrinsecally and Formally such , floweth from , and dependeth upon the Ecclesiasticalness of the Agents . Whence it will follow , that all , which such Ecclesiastical Persons do , must be Intrinsecally and Formally Ecclesiastick ; and so their judging Civil matters , condemning Malefactors &c. ( not to speak of other actions ) should be actions Formally and Intrinsecally Ecclesiastical , Ergo it is competent only to Church-Officers . And on the contrary , this should be a good Argument . This man is an Ecclesiastick Person ; therefore the Action , which he doth , must be Formally and Intrinsecally Ecclesiastick . And , as by this meanes , there should be no Cause , or Action , Formally and Intrinsecally Ecclesiastical , in it self ; so there should be no Cause , or Action , Intrinsecally and Formally Civil in it self , but that onely which is done by the Civil Magistrate : And this consequence were good ; This is done by a Civil Magistrate . Ergo it is Formally and Intrinsecally Civil ; and this should be a bad consequence , This is an action Formally and Intrinsecally Civil Ergo it is to be done by the Civil Magistrate onely ( 2. ) This answere of these two Brethren must either Homologate what Mr H. said ; or be dissonant therefrom : If Dissonant , then they did not keep to the Paper , which they had owned , as Mr H. did Then also Mr H. in his discourse spoke not truth ; for I suppose , these two will think , they spoke right ; and then either the Paper , that was agreed on , was not right , or Mr H. spoke not according to it ; for I also suppose , that these two will say , they spoke nothing disagreeing with their Paper . If their answere did Homologate Mr. H's discourse , then what necessitie was there for it : And why used they other expressions , if they had a mind to speak : And it would seem , that all that Mr H. said , was this and no more : Mr B. and we must be excused , if we look not upon the Council as a Church-Judicatory , making Ecclesiastical Canons ; but only as a Civil Court , emitting Civil significations of their pleasure , under the hazard of Civil penalties . ( 3. ) This answer seemeth to me a more plaine giving up of the Cause , than all which Mr H. said ; for it is no other in effect , than this ; Let the Magistrates enjoine what they please , we need not scruple , upon the account of any encroachment made upon the Prerogatives of Christ , or Privileges of his Church ; for this distinction will salve all ; Let us receive all , not as Ecclesiastical Canons , but as Civil significations of their pleasure &c. and so there is no danger , though they should use both a Dogmatick , Critick and Diatactick power , determine Controversies of faith , Appoint Rules of Ordination , Condemne Hereticks , Debarre from the Sacraments , and Admit thereto by their sentence ; judge of Church-members , or determine who should be admitted , as such , and who not : In a word , do all which Church-Judicatories do . This distinction will make all go down . ( 4. ) By parity of Reason , if these Brethren were before a Church-Judicatory , medling with all Civil affairs , determining Civil pleas , giving-out civil Injunctions , Lawes and Rules &c. they might and ought as willingly submit , and salve all with this distinction , saying . We cannot receive Civil Lawes from you , but as for Ecclesiastical significa●ions of your pleasure , under hazard of Church-censures , we can say nothing to that : And thus they would sweetly comply with all the Invasions made upon and Usurpations of the Civil power , whereof the Popes Conclave , and other Popish and Prelatical Courts , are justly accounted guilty , without scruple . Now at length , it came to Mr H's turn , who , as our Informer saith , received not these Instructions publickly , as having seen them before : Let us hear what he said . He tels us , that he resumed what he had said formerly , concerning a Formal Ecclesiastical Power , which could not be allowed to the Magistrat ; and a Power Objectivly Ecclesiastical , which was allowed to him : Intimating with all , that the Brethren would either observe , or not observe their Directions , according as they judged of them , in their Consciences , upon their peril . On what was here resumed , I have given mine Observations before , and shall onely adde . That this Formal Ecclesiastick Power must pointe forth a Power in it self such , and therefore so called ; and not so denominated meerly because it is exerted by Church-men ; as the two Brethren fore mentioned hinted in their Answer and Distinction ; otherwise his Distinction should have run thus , betwixt a Power Subjectivly Ecclesiastical , and Objectivly Ecclesiastical . But this would confound all Causes and all Power ; and would bring all Civil Causes objectivly under the Power of the Church ; and all Church-Causes objectivly under the Power of the Magistrate : Yea and make all Things and Actions , done by the Civil Magistrate , though otherwise but Objectivly Ecclesiastical , to be Formally Civil ; and on the other hand , make all Actions , done by Church-men , though otherwise but Objectivly Civil , to be Formally Ecclesiastick . As to the Latter Part of this speech , I judge the same might have been said , had been before the Church-Judicatory , receiving the same , or the like Instructions . And was this all ? Was there no more requisite in this case ? Is it all one thing , at whose hands Ministers receive Directions , Rules , Restrictions and Injunctions , or the like , to regulate them , in the exercise of their Ministrie , whether at the hands of the Pope , of a Prelate , of the Magistrate , or of a Church-Judicatorie , providing they be such , as may be observed , or otherwise to take their hazard ? I suppose , our Fore-fathers would have said something else : And , I trow , Civil Magistrates , if called before the Prelates Courts , to receive Injunctions or Rules , to regulate them , in the exercise of their Office , would say some other thing , than that they would observe , or not observe these Directions , according as they judged of them in their Consciences , upon their peril . And if they would have stood to their Rights , as is to be supposed , the greater fault it is for Ministers , to quite the Rights of the Church so easily , wherein the Glory of their Master doth so much consist . Yea moreover , this superadded Insinuation makes me suspect the fore-mentioned Distinction the more : For had that Distinction been honestly proposed and intended , this superadded clause had been utterly needless . Upon this ( as we are told by our Informer ) followed my L. Chanc. Answer , which was this , That the King gave them these Instructions by his Council , and if they did not observe them , the Council would punish them . By which we see , that these Instructions were gi●●● by an Autocratorick power , by the Magistrate , as such ; and consequently being in Church-matters , Intrinsecally and Formally such , by an Usurped power . We see next , that the commanding of the observation of these Instructions , cometh from the Magistrate in prima Instantia , and so are not Civil Sanctions , and Confirmations of Injunctions , ministerially proposed by Church-Officers , upon both which grounds , I conceive Mr H. had a faire occasion to have vindicated both the Prerogatives of Christ , the sole Head of the Church , and the Privileges of the Church , bestowed on her by Christ , her King and Lord : Yet we finde , that all the reply , which he made , was this . That for the matter of Civil punishments , they had never denied the Magistrates right in them : And that he took notice from that Answere , that their L L. acted in a Civil way , onely competent to them , in their dealing with Ministers , which they could not decline ; hoping their L L. designed not to stretch their power beyond their Civil line , Which reply , in my judgment , was neither Pertinent , nor Sufficient : Not Pertinent , because the question was never moved , concerning Magistrates executing civil punishments , but concerning their power of Imposing Injunctions and Rules , to regulate Ministers , in the exercise of their Ministrie , which the L. Chanc. owned and avouched in his Answere , little regarding Mr H's distinction , betwixt a Formally Ecclesiastick power , and power Objectively Ecclesiastical . Not Sufficient ; because the maine business was unhandsomly waved . Nay , moreover , this Reply was an yeelding of the whole cause , and a granting that Magistrates might meddle with any Church power , and enjoyne what they pleased , providing they punished only civilly such ; as transgressed . Hence they might ordaine a Minister , and command him to preach to such a people , that would not call him , and depose another , and discharge him to preach any more , as a Minister or Administer Sacraments , under a Civil penalty . So under a Civil penalty they might prescribe the matter of preachings , decide Controversies of Faith , and appeals in Church-maters , &c. Yea , in a word , meddle with the most Intrinsick and Formal Church-matters . Finally , I do not see what ground my L. Chanc. gave , yea or occasion to make this Reply ; for though his L. said , the Council would punish , yet the said not , the Council would punish civilly onely : No , his expression might comprehend Ecclesiastical Punishments also , conforme to the power granted to them by the Kings Letter . After a great deal of Discourse , spent upon personal reflections ; and vindications , with which the cause is not much concerned , and therefore the less to be noticed by me , our Informer cometh in end to vindicat Mr H's speech , which , as it would appear , had given no small offence , and he tels us , that in it we may perceive , an Assertion of an Ecclesiastical power to make Rules for regulating Ministers , which was not yeelded to the Magistrate ; with a concession of his power Objectively Ecclesiastical : And a declaration of their receiving Papers of them under that notion did not oblige them to observe these directions ; but they were to act therein upon their peril . We heard indeed of Rules Intrinsecally ( and afterward ) Formally Ecclesiastical , for regulating Ministers in the exercise of their Ministrie , which he hoped their L L. did not intend to make or impose upon them , who were the Servants of Christ. But we heard of no Assumption . That such were the Rules , contained in the Paper , tendered unto them : Nor of a Conclusion . That therefore they could not , they might not in conscience , accept of them . We heard of a Concession also of the Magistrats power objectively Ecclesiastical : But we could not understand , to what purpose it was adduced , unless for justifying of the Magistrates , in giving those Injunctions , and themselves in receiving of them . Nay , I perceive here , our Informer asserteth , that which I was but suspecting formerly , and durst not positively affirme , viz. That they looked upon these Instructions , as flowing from the Magistrat's Power Objectively Ecclesiastical ; For nothing else can be Imported in these words , And a declaration of their receiving Papers , under that notion . Now , what can this notion be , under which they received these Papers , but the Magistrat's power Objectively Ecclesiastical ? And what may hence be gathered , we shall hear anone . We heard lately , that Mr H. did intimate , that the Brethren would either observe , or not observe their Directions , according as they judged of them in their Consciences , upon their peril : But that he declared that the receiving of these Papers did not oblige them to observe these Directions , I did not hear till now . However , since this Informer saith , that this was Mr H. declaration , I profess , it seemeth strange to me , that he should have spoken so ; for the publick & Judicial receiving , even at the bar , of such Instructions , was a solemne declaration of their present purpose and willingness to obey these Injunctions , there being no exception made against any of them in particular ; nor no desire expressed of a liberty to be granted , to consider and examine them . And sure , if they had suspected the irrelevancie or unlawfulness of any of them upon the matter , Ingenuity and Conscience would have said , that so much should have been exprest ; and that the Paper , ( if so be they would not refuse to accept of it ) should have been accepted , with that clause of exception ; or rather rejected , until they were assured , it contained nothing but what was lawful upon the matter : For to accept a Paper , containing Instructions ; and to say withal , they would obey , or not obey them , as they thought good , on their perril , was neither to act with an Ingenuity , becoming Christians ; nor with an Zeal , becoming Ministers , nor with that Respect due to Magistrats from them , both as Christians , and as Ministers ; nor with that Care and Circumspection requisite for avoiding of scandal , and especially at such a time , when the eyes of many were upon them , both of friends and of foes . And if any say , That that Declaration was a sufficient Protestation , I crave leave to adde , that it was a Protestation annulled by their deed , Protestatio contraria facto . How much better then had it been , to have forborne that deed , which bad in it , at least , an appearance of evil ; and to have dealt faithfully with the Council ; and told , That they could not obey these Instructions ; and therefore behoved to be excused from receiving of them . But I confess , when that great matter was so lightly passed over , I meane , the Power , making and imposing these Instructions , it is to me little wonder , that this was swallowed down also . Our Informer tels us next , that in all this discourse of Mr H's he cannot see such Heterodoxie and Noveltie , as to give occasion to any to say , That he gave to them all , that the Godly Divines give unto the most Godly and reforming Magistrats on earth ; or that Ministers receiving these Papers , on these termes , should warrand honest people to think , that they gave up the right of the Church , with their own hand , to the Civil Magistrate ; or that any Ministers should highly resent their treacherie . But to answere , Though this Informer cannot see such Heterodoxie , or Novelty , as to give occasion to passe that censure on Mr H's discourse ; yet it may be , others shall see ground for that , and for more too . And I shall willingly grant , that what agreeth to Magistrates , as such , agreeth to all Magistrates , good and bad : Yet it may be maintained , that more may be allowed in such Magistrates , as are really minding Reformation , the Glory of God , the good of the Church and all her Rights and Privileges ; than in such , as are open Enemies thereunto ; and are seeking by all meanes to destroy the Church , to rob her of her Rights , Privileges ; and Power , and to enrich themselves with the spoils of Christs Crown . And therefore when Ministers have to do with such Open and A vowed Enemies , they are called to more strick watchfulness and care , lest they do , or say any thing , which may confirme such in their Usurpations , and encourage them to encroach more . And whether this care was used at this time , I leave to all , who are acquainted with what passed about that time , and with what daily is observable , to judge . For my part , if Mr H. did grant to the Magistrat , by vertue of his Power Objectivly Ecclesiastical , a Right or Power to Make and Impose Rules and Injunctions , to regulate Ministers , in the Exercise of their Ministrie , as our Informer lately himself hinted , I think , he hath not onely given to them all , that the Godly Divines , give to the most Godly and reforming Kings : But much more ; except it be that , which was given to Extraordinary and Immediatly Inspired Magistrates , that were Prophets also , and Men of God , such as David and Salomon : Or in a time of Universal Defection and Deformation , which can no other way be remedied . Neither of which can be applied to our case . And further , I wonder how he thinketh , any can judge otherwise , than that , interpretatively at least , the receiving of these Papers , on these termes , was a giving-up of the Right of the Church , with their own hands ; seing it is so clear and manifest , by what we have said . And seing it is so , himself will , I suppose , grant , that every Minister is called highly to resent this treachery . What saith our Informer for Vindication ; But who so will read , saith he , Our Anti-Erastian Writters , will finde that they yeeld to the Magistrate , as Magistrate , ( and consequently to all Magistrates , be what they will , good or bad , though upon his perril , as he shall answere to God for it , if he shall determine wrong ) a Publick Politick Definitive judgment , concerning Matters of Religion , in reference to his own Act about them ; or ( for they diversifie the phrase ) a Power of judging of his own Act , about Spiritual or Religious things , to be observed , or not observed by their Subjects . And to make out this , he citeth some words out of the CXI . Propositions , Propos. 97. where these Words are , As to each member of the Church respectively , so unto the Magistrate belongeth the judgment of such things , both to apprehend and judge of them : For although the Magistrate be not ordained and preferred of God , that he should be a judge of Matters and Causes Spiritual , of which there is a controversie in the Church ; yet he is questionless judge of his own Civil Act about spiritual things ; namely of defending them , in his own Dominions , and of approving or tollerating the same : And if in this business ▪ he judge and determine , according to the Wisdome of the Flesh , and not according to the Wisdome which is from above , he is to render an account thereof , before the Supream Tribunal . But to what purpose is all this waste of Words ? Doth he , or any man think , that we deny to the Magistrate a judgment of his own Civil Act ; or that we suppose , that Mr H. and others have betrayed the Cause , because they granted to the Magistrate a Power Objectively Ecclesiastical , so far , as to judge thus of his own Civil Act of Tolerating such a way within his Dominions ? No , that is not the ground we go upon . But this we say , that if Mr H. or others , do inferre from this power of judging , in reference to his own Act competent to the Magistrate , that the Magistrate , may Impose Rules and Injunctions , to regulat Ministers in the exercise of their Ministrie ; then they have betrayed the Cause : And either they must inferre this therefrom , or they speak nothing to the purpose : And himself lately told us , as much as all this . Now let him , or any man show me , where any Anti-Erastian Divine reasoneth thus , or draweth such an Inference , from this Power Objectively Ecclesiastical . Yea I much questione , if Vedelius or Maccovius his Collegue , did ever so argue . And sure I am , the Author of the CXI . Propositions Propos. 45. &c. cleareth up that Difference betwixt these two Powers , which is taken from the Object and Matter about which . And Prop. 54. he showeth , that those things , wherein the Ecclesiastical Power is exercised , are preaching of the Word &c. And Prop. 55. That though the Civil Magistrate is occupied about the same things ; yet it is but so far , as concerneth the outward disposing of Divine things , in this or that Dominion . Nay . I must say , that I cannot see , how this will follow , That Magistrates may prescribe such Rules unto Ministers , to regulate them in the exercise of their Ministrie , because of a Power granted to them , to judge of their own Civil Act , about spiritual things ; more than that every Church-Member may do the like ; for in that Prop. as the Words cited do clear , the Author giveth that same Power to every Member of the Church respectively , and how can it be denied to them , or to any rational man ? Nay , let me say more . Have not Ministers , and every private man , this power of judging of his own Act about things Civil ; and in this respect also an Objectivly Civil Power ? Will it therefore follow , that they can prescribe Rules , to regulate Magistrats in the exercise of their functio● ? And if a Magistrat should come to the Prelates , or Pop's Bar , and take a Paper from him , containing such Instructions , and give this onely as his Apologie , that he acknowledged a Power Objectivly Civil , competent unto the Pope or Prelate ? because they had power to judge of their own acts about civil things ; would not others have cause to judge , that that Magistrate had denied the Co-ordination of the Po●ers , & had professed his Subordination as Magistrate to Pope or Prelate ? Now , Verte Tabulas and see how the parallel runneth in our case , and then judge . From the foregoing discourse , and particularly from that cited out of the CXI . Propositions , our Informer , now a Disputer , Inferreth , That he hopeth no man in reason can alledge Mr H's recedeing from the Principles of this Church , in the matter . But for my part , though I will not judge of the Thoughts or Intentions of Mr H. or of any other of his Brethren ; yet considering the work it self , as this Informer hath represented it unto me , in its circumstances , I cannot but say , that in the thing , and as to the Intentio operis , there was a recedeing not onely from the Principles of the Church of Scotland , but also from the Zeal of our former Worthies , who ventured all to transmit the truth , pure from Erastianisme and Caesario-Papal Invasions & Encroachments , And from the strick Obligations , lying on us all , to stand to the Truth , and to the Defence of the Power and Privileges of the Church , against the Usurpation and Encroachments of the Magistrates , seeking alwayes to inhaunce all Church-power into their own hands ; not out of love to promove the Glory of God , and the real good of souls ; but out of a desire to have the Ministrie , and the outward Administrations of grace enslaved unto their wills . Is it not certaine , out of what ground this Indulgence did grow ; and how the Act of Supremacy ( which no Conscientious Minister or Christian can owne or acknowledge , ) as it was occasioned and necessitated by the Indulgence ; so it became the Charter thereof , and gave legal life and being unto all that followed ? And was it not as certaine , that a Designe to procure a Requiem to themselves , in all their Usurpations , and intolerable Invasions of Church-Power , and overturning of ●he whole Work of God ; and withall to make way for the further Enslaving of the Church ▪ and of all Church-Power to their ●usts , did midwife this Bastard-Child into the World ? And could it be uncertaine to rational observing Persons , what was the Designe of King and Councel , in-giving these Instructions , First and Last ? Yea , was not the whole Business so carried on from First to Last , as half an eye might have discovered a wicked Designe therein ? And was not the Explicatory Act of the Supremacie a more than sufficient proof of an Erastian Spirit , that led and acted them , in some things , beyond what the Anti-Christian Spirit could for shame prompt the Pope to arrogate to himself ? And when from these things , and many others such like , yea from the whole Procedour of King Parliament and Council , in their Actings , since this last Revolution began , it is more than sufficiently clear , what they did and do Intend ; will any say , it was not their Duty , while so Providentially called to witness to the Truth , to give a more Plain , Full , Ministerial and Christian Testimony , to the Truth , which our Predecessours maintained , with so much Hazard , Expence of bloud , Loss of Liberty , Tossings , Imprisonments , Confinements , Condemnation to Death and Banishments &c. and which we were so solemnely sworne to stand to ? And will any Ingenuous Christian say , that , all circumstances being considered , the Testimony given was such , as became men standing in the Fields for the Truth of Christ , and engaged in point of Conscience and Christian Valour , Honour and Credi●e , to cover the ground they stood on with their dead Bodies , rather than cede to such a manifest Encroaching and Invading Enemie ? Will any , who readeth the carriage of our valiant and renowned Worthies , in opposing the Encroachments of King Iames , ( who yet never did , nor for shame could arrogate to himself such a transcendently Superlative Supremacie over Church-matters , as now by Act of Parliament is declared to be an Inherent Right of the Crown ) think , that they would have satisfied themselves with such a General , Impertinent , Confused , Indistinct and Defective Testimony to such a Glorious Truth ? Will any , who considereth the Zeal , that ordinarily acted our faithful Progenitours , from the beginning to this late Catastroph , and of our valiant Worthies , who valued this Truth of Christ's Kingship above their lives , think that there was not here a palpable cedeing from that Spirit and Zeal , which moved them to postpone all things , to this chief matter ? And can any say , that this way of vindicating Truth , wherein so much Pusillanimity , Disingenuity , carnal Consultation occasioning Misconceptions and Blindness , appeared , did keep correspondence with our frequently reiterated Vowes and Engagements ? Was it pertinent or seasonable , or could it be satisfying to propose , in such an exigent , a meer Cothurnus ; I meane , that general Assertion of the Magistrates Objectively Ecclesiastical Power , no less ambiguous till fitly explained , than impertinent to the case then in hand ? Nay , let this very Informer tell me , if he think not , that more Plaine , Clear and Full expressions might have been fallen upon , if plaine and home dealing had been Intended ? This I suppose may serve for an Examination of that matter , as this Informer hath declared it unto us . Reasons against the Indulgence . THough by what is said , it may be sufficiently seen , how sinful that Indulgence was upon the Accepters part ( with which we have onely here to do ) as it was conveyed and circumstantiated ; and occasionally we have here and there discovered several particular Evils , wrapped up in it , beside its sinful Rise and destructive Tendencie : All th●t now remaineth to be done , is to draw the several Eviles , comprehended in this complex business , to their own proper Heads , that the Reader may see at one view , what was formerly scattered up and down the foregoing Relation : And , considering what is said , it will not be necessary to insist on particulars ; to touch them in a word will be sufficient . I. How injurious it is to Christ , as Head of the Church . WE shall beginne with this Head of Arguments , and show in how many particulars , injurie was done , by the Indulgence , as accepted , unto our Lord Jesus Christ , the onely Head and King of his Church ; And 1. In that hereby they declared , they did not hold their Ministrie wholly and solely of Jesus Christ : Sure Christ alone , as Head and King of the Church his spiritual Kingdom , did Institute this Office of the Ministrie , and did Impower men unto the exercise thereof : As the Scriptures do prove : And Ministers depend solely upon Him therein , if they renunce not their own place and standing . But we saw above , how the Indulged did plainly and positively refuse to say , that they held their Ministrie of Iesus Christ alone : See what is remarked on Mr H's speech , when the first Ten were Indulged , where ex professo the word alone was left out ; and what is said in Answere to the Informer , who was dissatisfied with Mr Blair . whereby an injurie of a very high Nature was done unto our Lord Jesus , who alone ascended up on high , and led captivity captive , and gave gifts unto men ; even , gave some Apostles , and some Prophets , and some Evangelists , and some Pastors and Teachers , Eph. 4 : v. 8 , 11. It was God alone , that set some in the Church , first Apostles , secundarily Prophets , thirdly Teachers , after that Miracles , &c. 1. Cor. 12 : 28. So that as the office of Apostles , Prophets , Evangelists , &c. were onely from Christ ; so was the office of Pastours or Teachers . Hence they are said to be made Overseers by the Holy Ghost , Act. 20. v. 28. Whoever therefore will not confess , that Ministers hold their Ministrie alone of Christ , do derogat hugely from His glory , and rob him of his Prerogative ; and set these others ( who ever they be ) of whom they hold their Ministery , in part , or in conjunction with Christ , down upon Christ's Throne , and make Christ no sole King , and Head of his Kingdom ; and consequently no sole Prophet or Priest and Mediator . And what an affront this is unto our Lord , let any judge . And if ( as we know ) the clay-Kings of the Earth will think themselves sufficiently dethroned , and unpardonably injured , if any Subject be made partaker with them of their petty Soveraignity , in whole , or in part ; let any consider , how Christ shall take this injurie done to him by his own professed Servants . But some will possibly say , Though this was their fault and great escape ; yet it was but personal , and accidental , as to the Indulgence ; and so cannot not affect the same : Or make it an incroachment upon Christ , of such an high Nature . I answer ; This being spoken at that occasion , when the King and Council were acknowledged thankfully for the granting of the Indulgence , cannot but have a reference unto the Indulgence it self ; and supposing ( as all reason will allow us to do ) that what was said , was spoken with understanding , it must be granted , that they had their eye upon the Indulgence granted ; and so their discourse was to this purpose in effect . We declare , that we hold not our Ministrie of Christ alone , but of Christ and of the Magistrate ; and therefore do accept of this Indulgence , without scruple , Whence also it is manifest , that they looked upon the Indulgence , as a consequent of their holding of the ministrie partly of the Magistrate . And whether the Magistrate did intend the granting of the Indulgence , as a declaration of their accounting Ministers to hold their Ministrie partly of them , or not ; yet the accepting of the Indulgence thus , was a plaine declaration , on the accepters part , that they held their Ministrie partly of the Magistrate , and not solely of Christ ; And consequently that they owned not Christ , as sole Head of the Kirk . Further , This discourse of theirs , so worded purposely and deliberatly , saith , that if they had not beleeved , that they held their Ministrie not of Christ alone , but of others also , they could not have accepted of the Indulgence . If any should yet say , That though this might be said of the Indulgence , according as it was understood by the Accepters ; yet it will not follow , that the Indulgence it self is chargable with this . I answer yet hereby it is granted , that the Accepters are chargable with high Treason against the King of Kings , our Lord Jesus Christ : And as for the Indulgence it self , we may safely construe of it , according to the sense both of the Granters and of the Receivers : And by what followeth , its nature will be more fully discovered . If it be said , That the most that can be inferred from that expression of the Accepters , at that time , is , that as to the Exercise ( which is distinct from the Office of the Ministrie it self ) they did depend on others , than Christ , I Answere , No mention was made of the Exercise , but of the Ministrie it self . And even as to this , there was no small injurie done to Jesus Christ ; and this leads me to a second thing , here remarkable . 2. By this Indulgence , the Prerogative of Christ , as sole Head of His Church , is further encroached upon , in that the Indulged do hold their Ministrie , as to its Exercise , not of Christ alone , but of the Magistrates , either solely , or in conjunction with Christ. And that this is a wrong to Christ , is manifest , in that it saith , the Office , and the Power to exerce the Office are not from Christ alone . The Office can import nothing , but a ba●e name , if it import not Power to exerce the Office , or do the work peculiar unto such an Office : And if Christ be said to give the Office , but others must give the Power , Authority , and Ius or Right , to exercise the Office , he shall be made a meer Titular King. But he told us some other thing , when he said Matth. 28 ; 18 , 19. All Power is given unto me , in Heaven and in Earth , go ye therefore and Teach all Nations , Baptizing them &c. And when he said Ioh. 20 : 21 , 23. — As my Father hath sent Me , even so send I You — whose soever sins ye remit , they are remitted unto them &c. See Mark. 16 : 15. — go yee into all the World , and preach the Gospel . The Office was in order to the Exercise : And when he gave the Office , he gave the Power to exercise the same . When Paul was made a Minister , he was sent to open eyes Act. 26 : 16 , 11 , The Ministrie , sure , is a Talent , and who ever get it must trade with it , or expect a sad Sentence . If it be said , That this will take away the Power of Chu●ch-Judicatories , who ministerially , under Christ , both conveyeth the Office and the Power to exercise the same . For Answere , I deny that any such thing will follow : And to clear this , I shall shew a third Injurie done to Christ , by this Indulgence . 3. If it should be said , that by the accepting of this Indulgence , from the Magistrat , they no more prejudge Christ of his Right both to give the Office and Power to exerce the same , than when they take the same as conveyed to them by Church-Officers . I Answer , That the Difference is great , and the Encroachment made on Christs Prerogative by the Indulgence clearly assented to : In that another way of Conveyance of the Ministrie , and of the Power to exercise the same , is here closed with , than Christ , the only King , hath appointed . Christ hath instituted Church-Officers for this end , to convey the Office and Power , which he hath appointed , unto particular Persons . The Holy Ghost said unto Prophets and Teachers , that were at Antioch , separate me Barnabas and Saul . for the work whereunto I have called them Act. 13 : 1.2 . Paul and Barnabas ordained Elders in every Church Act. 14 : 23. Titus was ordered to ordaine Elders in every Church Tit. 1 : 5. Timothie was to commit the things , he had heard of Paul , to faithful men , who shall be able to teach others 2 Tim. 2 : v. 2. The gift was given with the laying on of the hands of the Presbyterie 1 Tim , 4 : 14. But here the Office , or the Exercise thereof is conveyed by the hands of Magistrates . whom Christ never did commit that matter unto . And thus another , yea a quite Opposite , Medium is embraced and followed , than what Christ thought good to make choise of , to his great dishonour and disparagment ; as if he had not been Wise enough to appointe the best meanes ; nor had not Authority enough solely to appoint the meanes and wayes , he thought fit . 4. The wrong done to Christ , by the accepting of this Indulgence , will be hence manifest ( which will also clear up the Difference betwixt what is conveyed from Christ , by his owne Ministers , and what is conveyed by Magistrates . ) That the Office or Exercise of the Ministrie is received from them , who in this deed , do not , neither can Act , in a Ministerial Subordination to Christ , as sole Head and Fountaine of all Church-Power ; so that their interveening betwixt Christ , and those , who receive the Office or its Exercise , as a Medium of Conveyance , saith , that Christ is not sole Head of the Church , and Fountaine of Church-Power . The ground of this is , because Magistrates , as such , do not Act in a direct line of Subordination to Christ , as Mediator , as Church-Officers do : And further , what they do as Magistrates , they do not ( in reference to their Subjects ) with a Ministerial Authoritie , as Church-Officers do ; but with a Magisterial , Imperial , Coactive , Autocratorical and Architectonick Power and Authoritie : And as to the Church , this Magisterial Power belongeth to Christ alone : So that the submiting unto any other Magisterial and Supream Autocratorical Power , in Church-affaires , than what is solely in Christ , is an acknowledging of another Head and Supream Governour in the Church , beside Christ ; and this is a plaine dethroning of Christ , who will either be sole King , or no King. 5. The accepting of this Indulgence containeth another wrong done to Christ , in that thereby , there is an acknowledgment made of the Insufficience of all the Rules , Prescriptions and Instructions granted by Him , for the ordering of the exercise of the Ministrie , and for information unto his Ministers , concerning the way , how they should go about the exercise of that Imployment : For in the Indulgence , there were with all first and last Instructions given , how to regulat them , in the exercise of their Ministrie : And so when the Indulgence was embraced , as accompanied with these Instructions , the Power , granting these Instructions , was acknowledged and submitted unto ; and when these Instructions were not holden forth ministerially , as when the like are given by Church Judicatories , but by such , as Act in all things , which they do as Magistrates , by a Magisterial and Autocratorical power , not subordinat unto Christ , as Mediator , in a right line of subordination ; an Autocratorical , Magisterial , and Supream power to make Rules , and to give Instructions to Ministers , to regulate them in the exercise of their Ministerie , is granted to the Magistrate , to the robbing and spoiling of Christ of that sole Supream power , which is due to him , and is a part of his Prerogative Royal. 6. Herein also the Accepters of the Indulgence have done injurie unto Jesus Christ , in that they have taken a new holding of their Ministrie , and of the Exercise thereof ; and so materially have renounced their old holding of Christ immediatly , as King of his Church , and sole Lord of his House ; They have taken a new Commission for the Exercise o● their Ministrie , and a Commission inconsistent with , & not subordinate unto the Commission , they had formerly from Christ. I shall not need to insist on this here , having declared it so fully above , in vindication of M. A Blair's Assertion ; to wit , That if Ministers take Instructions from Magistrats , for regulating them , in the exercise of their Ministrie , they should not be the Ambassadours of Christ. 7. It is a part of the Royal Prerogative of Christ , to appoint the Qualifications of his own Officers : But here the Magistrate doth , by his Magistratical Power , appoint and determine the qualifications , which he will owne as such , in reference , at least , unto the exercise of the Ministrie , and this is not done ministerially ; and consequently in contradiction to the sole power and Prerogative of Christ. The accepters therefore of this Indulgence , granted onely to such , as are so and so qualified , do not onely acknowledge themselves to be so and so qualified ; but do sweetly , in so far , acquiesce unto the Magistrat's Autocratorical determineing of these qualifications ; and unto his assuming a Supreame Nomothetick power , in Church-matters . As for these qualifications , we have seen above , what they are : See our 3. remark upon the Kings Letter . 8. It is also a part of Christ Prerogative Royal , to prescribe and set down the way , how he will have such and such an Officer in Particular , set over such or such a Flock in Particular ; that so the Minister , so fixed to his special work , may have ground to say , that this is the Flock , over which the Holy Ghost hath made me an Overseer . But here in this Indulgence , the matter is so conveyed , as that the Indulged can not with good ground say , the Holy Ghost hath set me over this people , but only , this is the flock over which the King & his Councel have made me the Overseer . But against this it is said , May not the Man , who returneth to his own Congregation , from which he was unjustly thrust away , say this ? And may not he also speak thus , who hath the Cordial Invitation and call of those concerned ? And what shall then be said of them , who preach in the fields ? Answ. 1. If the Minister's returne to his own place were faire and cleanly , and so as the old method and ground were not questioned , or weakened , then he might indeed so speak ; but it is not so here ; for his returning to where he was before , was a meer accidental thing , and his ground is not his former relatione unto that people , but the Order of the Councel , which was of the same nature with the Order given unto others , as we saw above , and so he can only now say ; though this be the flock , over which the Holy Ghost did once make me an Overseer ; yet now I am set over it by the Councils Order . ( 2. ) As for that Cordial Invitation , which some possibly did obtaine , it was no such call , as Christs Law alloweth , it was not the rise & fountaine of those Ministers going to those places ; but a & posteriour meer precatious thing , whereby the Ordinance of Christ was rather prostituted , than followed : It is sufficiently known , that the Councel made the free Election , and not the Parish : And withal , where was the Act of the Presbyterie , giving them Ministerially a Potestative mission ? This belongeth to the Methode , that Christ hath Prescribed ; but here the Council both called , choosed and sent , and so were both the Flocks and the Presbytery . ( 3. ) As for the third Particular , every one may see how impertinent it is ; for this preaching in the Fields , or Houses , is no fixed stated Oversight over a distinct company , as is that of a Minister over a Particular Flock , but a m●er occasional Act , depending upon a Providential call from God , and the cordial entreatie of this Persecuted people ; which is all that is requisite thereunto . 9. There were among these Instructions , given by the Council , several Restrictions and Limitations in and about the administration of Christs Spi●itual Institutions , as of Preaching , of Administration of Baptisme , and of the Lords Supper , as also of Discipline : And these Restrictions and Limitations , not being made by a Ministerial Power , with a Ministerial Authority explaining and applying the General Rules , given by Christ thereanent , as Church Officers , and Church-Judicatories do ; but by the Magistrat , who acteth with a Magistratical Migisterial , and Autocratorical power ; that is , by a power , which in Spiritual matters of the Church ; belongeth to Christ only , who is sole Head and King thereof . The receivers therefore of this Indulgence , thus conveyed , and accompanied with such Limitations & Restrictions in and about the Administration of Christs Ordinances , do contribute their concurrence unto this Invasion . But against this and other Particulars formerly mentioned , taken from the Prescriptions , Rules and Instructions , wherewith this Indulgence was attended , it is said , That in the accepting of this Indulgence there was a simple use making of a favour offered , and no formal engagment unto the prescriptions , which the Magistrat did not expect plainly resting upon the intimation of his own will : For here the Magistrate was not treating and expecting our formal consent or security for performance of what was required ; but did simply appoint and command , as they would be answerable . So that the embracer of the Providential favour giveth no complex consent unto the Prescriptions . I Answere , The favour offered was no favour indeed , as circumstantiated ; nor could there be a simple use making of that supposed favour , which was so attended with imposed Conditions , Instructions and Limitations , without at least a virtual acknowledgment of a Right & Power in the Magistrate , to make and impose such Conditions &c. for howbeit the Council propose the matter by way of Command , as thinking it below them to Act otherwise ; yet both the Nature of the thing , and the concomitant Acts , made of purpose of Restrick , Limite and Qualifie the favour proposed , and to Instruct and Oblige the Receiver , say , that the accepting of the first , is with an engagement to performe the second , both being but one complex thing . Nay the Council ( as we say above ) in their Acts and Proclamations do expressy hold forth the favour to be granted and accepted condition wayes : and Mr A. Blair , for renouncing of the conditions , was deprived of the favour . Who accepteth a favour offered with its burdens , in accepting the one accepteth both , and taketh the favour cum onore , and this cannot be otherwise understood , howbeit the Council did not waite for their express consent unto the Conditions , for their receiving of the favour so offered was sufficient thereunto ; as when a Father granteth such or such a piece of land to his Son , but withal layeth this burden on that favour , that he must pay so much debt , if the Son accept : of the land so clogged , he cannot but take on the debt , though he gave no express consent thereunto before . II. How contrary it is unto Presbyterian Principles . We shall in the next place show , how injurious the accepting of this Indulgence was unto our Presbyterian Principles ; & what wrong was hereby done unto the Church , as to her Privileges , and that Power , which Christ hath granted unto her . 1. It belongeth to the Church , and to Church-Officers , to try and examine the gifts and Qualifications of such , as are to be exercised in the Ministrie , and to declare Ministerially , by explaining and applying of Christ's Rules and Lawes , who are fit and qualified for the work of the Ministrie , and who not : But here the Magistrate declareth what that is , which he looketh upon as a due Qualification , and judgeth who are so qualified , as to be fit for the Ministrie ; and that without the least deference imaginable unto any Church-●udicatorie whatsomever . If it be said , That they Indulged none , but such as were Ministers already , and so were supposed to be sufficiently qualified for that work . I Ans. The Church Officers , or the Presbyterie , are not only to judge of Qualifications , in reference to the Ministrie in general , but also in reference to the Ministrie , in this or that Particular place , where he is to be fixed ; and no Church-Judicatory had this judgment , in the matter of the Indulgence ; but the Council only . And as they Indulged them , so they might have Indulged others , who had not been placed Ministers before , as we see they did Mr Weer , whom they did not account a Minister before , If it be said , That the Qualifications , which were here considered , to wit , peacable and orderly , belong properly to the judgment of the Civil Magistrate , who , as he maketh civil Lawes , so can judge , who observeth or transgresseth the same . I Answ. Not to mentione here the Magistrat's true sense of that peacable and orderly living . I say , though the Magistrate be the proper judge of this peacable and orderly deportment : in order to civil punishment , or exemption therefrom ; yet Church-Judicatories are the only competent judges thereof , in reference to the exercise of the Ministrie : And it was in reference to this exercise of the Ministrie , that these Qualificatio●s were here taken notice of . 2. It belongeth to the Church , or Church-Judicatories , to convey Ministerially the Office and Power unto Persons qualified , and to grant a Potestative Mission , whereby they become authorized to exerce the Ministerial function ; as was seen above . But in the Indulgence , all this was done by the Magistrate immediatly ; the Council sent the Indulged to such and such places , as they thought fit , and they only clothed them with Authority for that effect ; or did all , that Presbyteries do or ought to do , in the like cases . See what was said above upon the Acts of Indulgence granted Iuly 27. 1666. Pag. 21. 3. It is a part of the Power and Privilege of Church-Officers and Church-Judicatories , to loose Ministers relation unto a place , and to Plant and Transplant , to Place Ministers in Particular Charges , and to Transport them to others , as the good of the Church requireth . And this we know was constantly practised by our Presbyteries , Synods and General Assemblies . But here in the Indulgence , all this was practised by the Council , without once consulting any Church-Judicatory whatsomever . They planted and transplanted according to their own pleasure , as we saw above , in several Instances , sending severals from one Church to another , & many from their own Churches unto others . See further our 2 Remark on the Kings Letter . It will not here be said , I suppose , That by the sentence of banishment , their relation to their former Charges was annulled : And though it were said and granted too ( which yet cannot be ) though it would follow that such were not properly transplanted , yet our argument would remaine strong ; for there were others , whom the Councel had Indulged to such and such places , and thereafter transported to other places , as they thought fit . And beside , as to all of them , it was the Council their deed alone , which did constitute them Ministers of such and such places , and so made up that relation : And if they should think , that they are not Formally Ministers of such places ; they could not then say , that they were set as Overseers ove● these places by the Holy Ghost , as possibly they will ; & they should also think themselves free of the burden of that Charge , and of the souls of the people , as not being committed to their Charge ; and the people are not obliged to owne them , as their Ministers ; and then they are called to consider , with what Conscience they can take the Stipend and Benefice , onely allowed by the Law of God to such as take on the cure of souls . And beside , what ever they think ; yet the Council did designe and Formally intend their fixed relation un●o these places , as proper Pastors thereof , for the Patrons were thereunto to be consulted , & their consent to be obtained , which according to the Established Law , is the way of admitting Formally such and such Persons , to be Ministers of such places ; the other Formality of the Bishops Collation being dispensed with , as to its necessity , and only enjoined under a penalty , or they encouraged to seek it , by a farther favour , as to their stipend ; and however , it was ordered , that Intimation should be made to the Bishops and Archbishops , when any Person was Indulged within their Diocies . 4. It is a part of the Power granted unto Church-Judicatories , to make Canons , and prescribe Rules , and to give Injunctions , concerning the Exercise of the Ministery , the Administration of the Ordinances of Christ , and the like ; and this is that Diatactick power , acknowledged by all the Orthodox to belong to the Church-Judicatories ; and we might confirme it here , if it were necessary . But in this Indulgence , we see the Magistrat assuming to himself this Power of making proper Church-Canons , giving Rules to regulat Ministers in the Exercise of their Ministrie , and imposing such like Injunctions , as used to be prescribed and imposed , by the Judicatories of the Church , in former times . Of these Injunctions , we have had often times occasion to speak before , & need not repeat here what hath been said : Nor need we in sist on that againe , which is commonly said , To wit. That their accepting of the Indulgence hath no necessary connexion with their approving of this Power , to make such Canons , and to impose such Injunctions . For , as we have shown , this cannot be evited , and this one thing will abundantly evince it , to wit. If they had received ●his same or the like Indulgence , at the hands of the Prelats , ( & this had been likewise more consonant to the established late Acts , before the Act ofSupremacie was made ) and if the Prelates had clogged the same supposed Favour with the same or the like Injunctions ; had not their accepting of the Indulgence , accompanied with these Injunctions , been a granting of that power unto the Prelates , to make such Canons , and to give out such Injunctions and Restrictions ? And if it had been so , as to the Prelates , why not here also , as to the Council ? 5. Upon the same account , we finde by this Indulgence , that the Council hath assumed Power of exercising real Church Censures , such as Suspension from the exercise of their Ministrie , and total Deposition , or turning out , as they call it . See our first and 7. Remarkes on the Kings Letter . This most be a great invasion on the Power of the Church ; and by the Indulgence , this Power , granted by the King to the Council , is confirmed both in the King and in the Council : And who is not convinced how sad this is , when every one might see what invasions daily were made upon the Power of the Church by the Civil Magistrate ; and therefore all were clearly called aloud to cry against this , and to stand and withstand , and do nothing that might contribute to fortifie them in their Usurpations , or to occasion their further Incroachment , which might have been forborne without sin . And sure I am , if these Brethren had forborn to accept of the Indulgence , as several others did refuse it , the occasion of this and many other Invasions had not been given , and Church Power had not been so formally usurped , as it hath been ; not the Magistrates so fixed in the possession thereof , as they are by such cedings . III. What Affinitie it hath with the Supremacie . OUr third Head of Arguments against this Indulgence , is taken from its relation to , affinitie with , dependance upon , and con●irmation by that woful Act of Supremacie , made by our Parl. 1669. And sure , all , who are tender of the Concernes of Christ's Crown , and of the Privileges of his Church , will have an utter detestation of and abhorrence at any course , which floweth from , is continued and confirmed by , and cannot stand without that Act , which with one dash doth dethrone our Lord , and spoile him of his Royal Prerogative , and his Church of all her Privileges . What occasion or rise the Indulgence gave unto the Act of Supremacie , and what a foundation it laid for m●re of that kind , and what a neer affinity and likeness is betwixt them , we have shown above , and need onely recapitulat things here . 1. Had this Indulgence been utterly refused , we had never yet seen that Act of Supremacie ; for the Council having granted the Indulgence upon the Kings Letter , contrary to many Acts of Parliament , knew no other way to salve themselves , but by framing this Act , which both secured them for times by past , and against all hazard also , in going on in the same course , as they had begun , for the future . The grant of the Indulgence was never lawful , nor the granters-secured by Law , until this Act was made . How shall we then judge well of the Indulgence , that gave the necessary rise unto that prodigious Act ? 2. The Indulgence it self would be still an illegitimat brood , notwithstanding of all that King and Council both did , were it not for the Act of Supremacy ; for by the Act of Supremacie , that is now made a legal deed , which otherwise was directly against Law. What shall we then think of the Indulgence , that must be legitimat by such an Act ? And what a possession that must be , that hath such an Act for its Groundright and Charter , let sober men judge . 3. The Indulged would , notwithstanding of all that is done by both King and Council , be still seditious Persons , in the account of the Law , and lye under hazard of the same , were it not for this Act , which alone secureth them from the lash of all Lawes , made for that end . This Act is their onely Right and Ground of Securitie , whereby they can plead themselves free from all that could be brought against them by foregoing Lawes . So that among other things , wherein the Indulged do now differ from all the Non-conforming Ministers , this is one , that the Indulged are under the Protection of the Supremacie , and lye in saftie under the winges thereof ; whileas others have it not stretched over their heads , and so do not enjoy that chilling warmth , that is to be had thereunder . 4. This is further confirmed by all the Particulars , mentioned under the two foregoing Heads ; for they all belong to this Supremacie , and are parts of the same ; and the Supremacie is but one comprehensive , complicated and compounded Act of Usurpation of the Crown of Christ , as Head and King of his Church , and of the Power and Privileges belonging to the Church , and to the Officers of the House of God. 5. We saw before the same asserted by Worthy Mr Iohn Burnet , in his Testimonie against the Indulgence , whose Argument is worth Consideration , and I shall here repeat it : To Settle , Enact , Emit Constitutions , Acts and Orders , concerning Matters , Meetings and Persons Ecclesiastical , according to Royal Pleasure , is the very Substance and Definition of his Maj. Supremacy , as it is explained by his Estates of Parliament . But the Act of his Maj. Royal Indulgence is only to Settle , Enact and Emit such Constitutions Acts and Orders , concerning Matters , Meetings and Persons Ecclesiastical according to Royal Pleasure . Therefore the Act of his Maj. Indulgence , is the substance and definition of his Maj. Supremacy , &c. 6. Seing by what is said , it is apparent , that not onely is the Usurped Supremacy put in exercise , and confirmed in the hands of the Usurped , by the Indulgence ; but also the formal asserting of the extravagant Supremacy , by a plaine Statute and Act of Parliament , explaining and confirming the same , is looked upon as necessary to support the Indulgence , and to keep it in legal being : It can not be well denied , that such , as have accepted of this Indulgence , have homologated this Supremacie , and contributed , by vertue of that acceptance , all their power to the fixing of this Usurpation ; for more was not required of them for this end ; and if they had refused the Indulgence , this Statutory establishment of the Supremacy had never been accounted necessary ; nor possibly once thought upon . 7. As he who accepteth a benefite from a Person , which that Person cannot bestow but by an usurped Power , and doth formally flow from that Usurped Power , doth homologat by his acceptance that Usurped Power ; So the Accepters of the Indulgence , from the King and Council , which they could not give but by the Usurped Supremacie , and which formally and kindly floweth therefrom , cannot but , in so doing , homologate that Usurped Supremacy . 8. If this Indulgence had been granted by the Prelate of the Diocie , would not the acceptance thereof have homologated Prelates Usurpation , and been an acknowledgment thereof ? Why then shall not the accepting of this Indulgence , when granted by the King and his Council , be an homologating of their Usurpation ? Especially seeing the Usurped Power of the Prelate is but a branch of the Supremacy , and floweth therefrom , Prelates , as such having no Church-Power with us , but what is granted by the King by Vertue of the Supremacie , by the Statute Law of the Land. Wherefore if the accepting of the Indulgence at the hands of the Prelates , would have homologated the Usurpation , that yet flowed from the Supremacy , and consequently the Supremacy it self , though at a step further off ; how is it imaginable , that the accepting of the Indulgence from the King and Council immediatly , shall not be an homologating of the Supremacie , which is the immediat root and ground thereof ? 9. Such as accepted of the Prelates Collation , whether to new places , or to the same places , where they had been , before the restauration of Prelacy , will I suppose be looked upon , as homologating , in that act , the Prelates Power , and consequently the Supremacie , from whence that Power floweth to the Prelat : And what difference is there . I pray , betwixt the Prelates Collation ( which possibly was freer of concomitant Instructions , Rules and Directions , how to regulate them in the Exercise of the Ministrie , than was the Indulgence ) and the Councils Collation , as to the Fountaine , the Kings Supremacie , from whence both do flow ? By vertue of Power descending from the Head to the Left arme , the Prelates , is the Episcopal Collation granted , and by vertue of Power descending from the same Head to the Right arme the Council , is the Council their Collation granted . 10. Who homologate a Supream Authoritie in the King over all Persons , and all Causes Ecclesiastick , by vertue whereof he may Settle , Enact and Emit such Constitutions , Acts and Orders , concerning the Persons imployed in the External Government of the Church , and concerning Meetings and Matters Ecclesiastick , as he in his Royal Wisdom shall think fit ; they homologate the Supremacie : This is certaine ; for this is the Supremacy , as appeareth by the Act explicatory : But so it is , that the Accepters of the Indulgence do homologate this Supream Authoritie in the King. Which I thus prove . Such Ecclesiastick Persons , as are willingly disposed of by the Supream Authoritie in the King over all Persons , and Causes Ecclesiastick , and goe to what places he by his Council appointeth , for the exercise of their Ministrie and of Church-Government , and withall receive Orders , Acts and Constitutions concerning Ecclesiastick Persons , to regulate them in the Exercise of their Ministrie and Government , made by him in Church affairs , according to his Royal Wisdom , by vertue of his Supream Authoritie ; these do homologate the Supremacie . But so it is that the Accepters of the Indulgence have done this . Therefore , &c. The Minor is uncontrovertable , & certaine , from the Councils disposing of them , and ordering of them to such Kirks , as they pleased , and their yeelding thereunto , and accepting of Instructions , Orders , Acts and Constitutions , made by vertue of the Supremacie , to regulate them , in the exercise of their Ministrie : all which hath been cleared above . The Major is manifest from this , That to be willingly dis●osed of by a Power , is to homologate it ; and to receive Instructions , Orders , Acts and Constitutions from a Power , is to homologat it ; By homologating a Power , I understand an acknowledgment of such a Power in such a Person , by a sutable and answerable compliance therewith , and yeelding to it , or Acting under it : And this may be materially , as well as formally done , implicitly as well as explicitly , by the Intention of the deed , as well as by the Intention of the doer : As he who obeyeth an Usurper , and acteth under him , in some place of trust , and receiveth Ins●ructions from him , for to regulate him , doth homologate that Usurped power , by his very deed , though he should hate the Usurper and the Usurpation both , and really wish he were thrust from his Usurpation altogether , and would possibly concurre thereunto himself . It cannot weaken this Argument to say , that the Indulged Persons never did nor will owne the Supremacy , but plainly disown it : For though I am ready to beleeve this to be true ; yet the Argument holdeth ; for I speak not of a Positive , Explicit , Formal , Intentional and Expresse Homologating ; but of a Virtual , Implicit , Material Homologating , and such as is included in the deed ; and work it self , abstracting from the Intention of the Worker , which is but extrinsick and accidental , as to this : And that the accepting of the Indulgence is an homologating , and a virtual acknowledging of this Supremacy , is clear from what is said , though the Indulged should intend no such thing . IV. Hovv it is injurious unto the Povver of the People . A Fourth Ground of our dissatisfaction with the Indulgence , is the wrong , that is ●ereby done unto the People , as to their Power and Privilege of Free Election of their Pastor . In the accepting of the Indulgence , there was the accepting of a Charge of a Particular Flock , without the previous due Call , free Election , and Consent of the People : ( this holdeth , as to such of the Indulged , as were sent to other Churches , than their own . ) The meer Appointment , Order and Designation of the Civil Magistrat , was all the Ground of this Relation , and was the only thing that made them Pastors to such a people , together with the Consent of the Pa●ron . This was a way of entrie unto a Pastoral Charge , that our Principles cannot assort with , wanting either precept or precedent in the pure primitive times . Our Divines have abundantly shown the necessity of the previous Call of the People , unto a Ministers Admission to a Charge . See Mr Gillespy in his Miscel. Questions Quest. 2. Nor need I hold forth the iniquitie of entering by Patrons , whereof our Par. 1649. were fully sensible , when the Church was restored to her Privilege , conforme to our First Book of Discipline , Chap 4. Concerning Ministers , and their lawful Election : And to the Second Book Chap. 12. It will be here said possibly , That they obtained the full and unanimous consent of the people . But I Answere ( 1. ) I doubt if this was either universally sought , or obtained . ( 2. ) Where it was had , it was but a meer b●inde , and , to me , a meer prostituting of ●hat Appointment and Order of Christ , rather than any conscientious Observation thereof . For ( 3. This call of the People ought to be a free Election and Choise , but here was no free Election left unto them ; but whether they did consent or not , the Person designed by the Council was to be set over them . ( 4. ) The free Election of the People should go before the Per●ons Designation to that Charge , and become the Foundation of his Relation to that Flock ; but here it was posteriour unto the Councils De●ignation , and was a meer precarious thing , coming in ex post facto . ( 5. ) This Call and Election of the People was not in the least presupposed , as any way requisite , either in the Kings Letter , or Councils Nomination and Election . ( 6. ) Nor did they make any mention hereof , when before the Council ; nor make exception against the Councils Order or Collation , until this was had . ( 7. ) Nor did they testifie their Dissatisfaction with , or protest against , the unlawful usurped Interest of the Patron , and his necessarily prerequisite Consent . ( 8. ) Did such as wanted this unanimous Call or Consent of the People , give back the Councils Warrand , as weak and insufficient ? 2. I would ask , whether they look upon themselves , as the fixed Pastors of those particular Flocks and Churches , or not ? If they own themselves for fixed Pastors , what is become of their relation to their Former Charges ? They cannot be Pastors of both places , for we owne no Pluralities ; nor can it be said , that the Councils meer Act did loose their Former Relation , and make it null . And whether they protested at their entrie to this new charge , that it was without prejudice to their Former Relation , when the Lord should open a free passage in his good Providence to returne , I know not . If they look not on themselves as fixed Pastors , then are they meer Curates , sent of the Council to those places , to preach and performe the other Acts of the Ministery , till furder Order , or during their pleasure : And then they cannot be offended , if the people look not on them , as their Pastors ; nor carry towards them , as such . V. How Erastianisme is hereby established . ANother Ground of our Dissatisfaction with the Indulgence , and with the accepting thereof , is , that thereby Erastianisme , the professed Enemie unto and perfect destruction of all true Church-power and Church-Jurisdiction , is established and fortified . 1. This is manifest from all the Particulars , mentioned above , under the First , Second and Third Heads , which need not here be repeated ; for these are parts of Erastian Doctrine , which the Orthodox disowne , and our Church hath resisted and opposed from the beginning : and beside . 2. Hereby are the Magistrates confirmed in that Usurpation of being proper judges of Ministers Doctrine , even in the first Instance ; that is , before any Church-Judicatory take cognition thereof , and passe a judgment thereupon . See our 8. Remark . upon the Kings Letter . 3. Hereby they are confirmed in this Usurpation , that Ministers may not preach in publick , or in privat , without Authority and Licence had from the Civil Magistrate . See our 12. and last Remark . upon the Kings Letter . 4. How this was confirmed and yeelded to by the Indulged , we saw above , in our Examination of Mr H's speech before the Council , Anno 1669. and of that Relation of the carriage and speeches of those , who were before the Council Anno 1673. 5. We were not ignorant , how from the very beginning of this Catastroph , and in the very First Session of Parliament Anno 1661. an exorbitant Supremacie in Church-affaires was acknowledged to belong to the King , in that , he was declared to be Supreame Governour over , all Persons , and in all Causes ; beside what was presumptively asserted in other Acts of Parl. thereafter , as in the Act for the National Synod , and for the Restauration of Prelacy , and others : And how by all these , and other things considerable , it was manifest and undeniable , that Erastianisme was in the ascendent , and that the designe of the Rulers was to subject all Church-power unto themselves , and to assume as much thereof into their own hands , as they thought fit , and to have the whole of it subordinate unto them . Now when this designe was open and above board , out very not-withstanding and not-opposing , in our Places and Stations , this Erastian Designe , was a virtual cedeing and yeelding unto these Invasions and Usurpations ; how much more are they chargable herewith , who willingly submitted unto the Magistrat●s Actual Usurpation of Church-Power ; & by accepting of this Indulgence , did put them in Actual Possession of what was but notionally , and in the theorie , arrogat formerly , as to Non-conformists ? 6. It is granted by some , and cannot well be denied by any , That the Magistrats principal designe , in granting the Indulgence , was the establishement of the Erastian Supremacie : And if so , sure , it was the part of those , who accepted of the Indulgence , rather to have withstood this designe , at least by simple refusing of that , the accepting of which ( as every one might have seen ) would contribute unto this Erastian designe , and put them in actual possession thereof . Whether the Magistrate himself doth look upon the Accepters , as hereby acknowledging his Erastian Supremacie , or not , is not much to the purpose ; seeing the acceptance , as circumstantiat , was a virtual and reall enough acknowledgment and confirmation thereof : And , it is like , the Magistrate did designe no more , not regarding whether they should openly & professedly acknowledge such a thing , if he himself were confirmed & secured in the possession of that Erastian Usurped Power . But it will be said , That though it be granted , that the Supremacie is now in its exaltation , and that Erastianisme is the great designe ; and that such , as minded to be faithful , should not cede in the smallest of the Churches Rights , not to the loosing of one pin of the Government : And that this Erastianisme and Supremacy hath acted , outed and overturned , at its pleasure ; and that the Magistrat , in this offer of the Indulgence , doth still act , according to Erastianisme , and owne the same Supremacie , and intend its further establishement : Yet the Indulged did onely accept of a licence , which , when abstracted from its offensive circumstances , is a meer relaxation of the rigour of former Edicts . To which I Answer . ( 1. ) If this Indulgence did respect nothing but the Persons and Estates of Ministers , then it might be looked on as a meer relaxation of the rigiditie of former Edicts , under which they groaned : But it is past all denial , that this Indulgence relateth more , yea and Principally , unto their Office and function , and is designed ( as is confessed ) for the Estabishment of an Usurped power over the Function and Ministrie ; yea , and includeth an acquiescing and submission unto Acts , made and proposed by such , as confessedly act from a Principle of Usurpation , and that for the better Establishment of the same , & confirmation of themselves in the possession thereof ; and therefore the accepting of the Indulgence , cannot but contribute to the iniquous ends , proposed by the Indulgers . ( 2. Whatever that licence ( as it is called ) may be , or be supposed to be , when abstracted from its offensive circumstances ; yet taken complexly with these circumstances , it must be condemned ; and however in our imaginations , we may abstract it from these circumstances , yet we cannot do so in point of practice ; seing it is confessed , that the morality of actions do much ( at least ) depend upon circumstances . 7. This contrivance of Erastianisme being so notour and undeniable , the yeelding unto and accepting of the Indulgence , so conceived , so clogged , and restricted , as it was , cannot but be contributive unto the same ; and a plaine ( though not professed ) helping forward of the designe . Sure , the refusing of the Indulgence had been a sensible defeating of the designe , and would have necessitated the designers , if so be they would still have prosecuted their Intendment ( as is probable they would ) to have taken other measures , and invented other meanes , how to have accomplished their ends ; and this supposable defeat is sufficient to show , how suitable a medium this was unto the projected end . It cannot be said , for obviating of this , That this is but accidental , and a meer probability : for it hath a necessary connexion with the end , as not only experience hath proven ; but the very nature of the thing evinceth , as is abundantly cleared above . VI. How Prejudicial this is unto the good of the Church . THe discovery of this will serve for another head of Arguments against the lawfulness of this Indulgence : for certainely that cannot be a way approven of God , which is not for the Edification of the Body ; much less that , which is for its hurt & prejudice . Now that the Indulgence is of this nature , may hence appear . 1. Church-Historie sheweth , what hurt came to the Church by such a course as this , when Arian Emperours , by their own sole power thrust-out faithful , zealous and Orthodox Ministers , and put-in Arian hereticks in their places ; and now by this Indulgence , the way is paved for the same Course : so that now the Magistrate hath no more to do , to get all the Ministery on his side , and to carry on some corrupt & erroneous designe , but to thrust-out honest faithful men , and put-in brevi manu , whom he will. Who will scruple at this now , after the Indulged men have thus broken the ice ? and who will once question the Magistrates power to do this , seing they have so sweetly submitted , in the beginning : Turpius ejicitur quam non admitiitur hospes , it is better holding-out , than thrusting-out . 2. Our own History sheweth us , how noxious it was to our Church , when K. Iames obtained but so much , as to have an eminent and active hand , or a negative voice , directly or indirectly , in the planting of all the eminent places of the Land , especially of Edinburgh ; though he never had the confidence to seek a liberty to do it brevi manu ; but did it by collusion with the Commission of the Kirk , which was made to his mind : How quickly had he overturned all , if he had assumed the power to have transplanted Ministers , as he pleased ; and if Ministers had complied with him therein , and upon his sole call , or act of Councel , had left their own Charges , and gone to places , whither he sent them ? And what would these worthies , who opposed all his designes , in maintainance of the Established Order of the Church , and of her Power and Privileges , if alive , now say , to see so many Ministers , under so many obligations to maintaine the Liberties of the Church , willingly obeying the Councils Call and Act ? 3. If according to this Method , and the way now laid down , & put in practice , our Magistrates , in all time coming , should follow this course , and put away what Ministers they pleased from one place , and thrust others in where and when they pleased ; and in all this should meet with nothing but sweet submission ; how long should our Church enjoy purity ? And how long should the Gospel be preached in power , in any eminent place in the Land ? How long should Gospel freedom be keeped up , & the Gospel flourish ? And if all this should be , whom have we to thank therefore , but the Indulged ? Would not they have all doing , as they have done ? Are not they a sad preparative ? May not their example prove noxious to the following Generations ? And whither shall we then cause our shame to go ? 4. According to this Example , the Magistrate might quickly banish all purity out of the Kingdom , and turne all the Land over into Popery , by sending all the Orthodox Ministers to the Highlands , or to some one small and inconsiderable corner of the Land ( according as in the late Act of Indulgence so many scores were cantonized to one or two Diocies ) and suffering Papists to preach where they pleased , or fixing Popish Priests , in every Paroch . And if such a thing were intended , hath not the Indulgence broken the ice thereunto ? 5. Nay , we see that in the very Indulgence , some such designe is carried on ; fo● by it , the far greatest part of the Non-conforme Ministers were Cantonized and shut-up in twoes or threes together , in one Corner of the Countrey , and all the rest of the Land was given over to the will of Prelates , Papists , or Quakers : And if all the Ministers named , had followed the example of others , what had become , ere this day , of the greatest part of the Land ? Was then this Indulgence the thing , which the General good of the Church and Kingdom called for ? Were the Indulged put in best capacitie by the Indulgence , to serve their Generation , according to the necessity of the day ? Was this the only duty of the day ? Or did the Lord call for nothing else ? Well is it , that we have such a proof of the contrary , this day , legible upon the face of that Land ; and that the very prisones can declare some other thing . 6. It being beyond all doubt now , that the Assemblies of the Lord's people in Houses , or Fields , to partake of pure Ordinances , with full freedom of Conscience , hath been signally owned and blessed of the Lord ; and hath proven a mean to spread the knowledge of God beyond any thing that appeared , in our best times , whereby the Lord preached from heaven to all , who would hear and understand it , that this way of preaching , even this way , was that wherein the Soul of God took pleasure , and to which he called all , who would be co-workers with him , this day , to help forward the Interest of his Crown and Kingdom . Now , when in despight of this signal appearance of God , and out of enmitie to the good done in these meetings , wayes of cruelty are fallen upon , to suppress utterly all these Randezvouzes of the Lord's Militia ; and these coming short of effectuating the thing , Midianit ish wiles are fallen upon , of which this of the Indulgence was the chiefe , of purpose to keep the Countrey free of these solemne occasions of the Lords Appearances ; can it be thought to be the duty of the day , and that which the Lord is calling to , to contribute our concurrence unto these stratagemes of Satan , & welcome an Indulgence , devised of purpose to destroy the work of God ? I leave the thoughts of this to themselves , when they are thinking of appearing before their judge . 7. I shall not insist on that yoke of bondage , in the matter of stipends , which was hereby begun to be wreathed about the necks of Ministers ; to the inexpressible hurt and prejudice of the Church . See what was remarked in the 4. place on the Kings Letter . 8. It will be more to our purpose , as in it self it is of greater moment , to consider how hereby a Path-way was made , to make all the Ministers of the Land , in all time coming , wholly subject unto the Council , even in all Matters Ecclesiastick , whether concerning Doctrine , Discipline , or Manners ; For hereby they became wholly subject unto the Council , as being accountable only to them ; and were so wholly at their Devotion , that they were to stay in the places , where they were set , only dureing their pleasure ; and so might be couped from Kirk to Kirk ( as some of them were ) no otherwayes , than the Prelates Curates are , at the pleasure of the Prelate : Thus was the yce broken to the bringing of the Ministrie under perpetual Slaverie ; and what should then become of the glorious Liberty of our Church ? 9. Nay , as we saw above attested by open Printed Proclamations of the Council , there was , in this Indulgence , a base and sinful compacting for the same , which , to me , is the basest of Simoneie . A conditional accepting of the supposed favour , and , as it were , a formal barganing for it , by taking the liberty to preach and performe the work of the Ministrie , on sinful Conditions , even such Conditions , as contained a giving up of the Cause to the Supremacy , and the Erastian Designe , as hath been shown above . And what a preparative this was , let any judge . I know , the Indulged themselves will say , they are free of all compacting : And I shall not accuse them further than I know , or have ground : Yet this is certaine , that the Kings Letter mentioned such and such Instructions to be given to all the Indulged ; & it is also certaine , that this Letter was not altogether unknown to them , And when the Instructions ( which the Council , in plain Expressions , calleth , termes on which they granted the Indulgence , & the samine was accepted ) were tendered unto , and put in the hand of each of these in particular , who were called before the Councel Anno 1673. I heard not of their expressing their Dissatisfaction with these Termes , so as to quite the benefite , or , as we say , to cast the bargane thereupon ; And if all the Ministers , that shall ever hereafter be admitted to preach the Gospel , in Scotland , must follow this example , and give but an implicite consent unto these , or the like termes , imposed by the Council , where shall then our Gospel Liberty be ? And what shall then become of the Liberty of our Church ? And how shall the Ministers then be called the Servants of Christ , and not the Servants of Men ? 10. By the very subjecting to the Councils Instructions , to regulat them in the exercise of their Ministrie ; they become thereby as formally subject unto them , in Matters Ecclesiastick , as any inferiour Civil-Officers , such as Sheriffs , Justices of Peace Baylies &c. who yet , it may be , shall as little observe all their Instructions , as the Indulged haue observed theirs this subjecting of the Ministrie , in its exercise , unto the Magistrate , is a manifest enslaving of the same , to the unspeakable prejudice of the Gospel , and hurt of the Church . 11. What prejudice it is to the Church , to want the free and full exercise of Discipline , & that in the lawful Courts of Christ , needeth not here to be told : And yet , in this Indulgence , there was an accepting of the exercise of the Ministrie , without the full exercise of Discipline , save what was to be had in a sinful way , by compliance with Prelacie ; and so a tacite ( at least ) consent given unto this want . It will not be of advantage here to say , that the Field-Preachers or Non-indulged Ministers , have no Discipline , & yet preach : For all their preaching is sub cru●e , not having so much as fr●edome to exerce any part of their Ministrie , and so are allowed of God to do all they can ▪ when they cannot do all they would : and beside , it is alledged without ground ; for with no lesse signal countenance , they exercise some Acts of Discipline , such as receiving of penitents , than they preach , and in both are countenanced as His ●mbassadours . But the indulged are under the lee sheet of the Supremacie , having full peace , countenance and protection , as much , as in our best times , and when our Church was most flourishing ; and yet dispense calmely with the want of Church-Discipline , in Presbyteries and Synods ; and how some of their Sessions guide , and are constitute , is none of our Glory . 12. Nor needeth it be told , what prejudice will inevitably follow upon the want of Ordination , whereby a Succession of the Ministrie is keeped up , and the word committed to faithful men , according to Christs Appointment , who may serve the Lord in the Work of the Gospel , in their Generation : How quickly , upon the want of this , a faithful Ministri● shall of necessitie cease , every one may see : And yet the Indulged have accepted of the exercise of their Ministrie , on such termes , or in such a way , as doth utterly incapacitate them for going about the Necessary Work of Ordination . Their Transgressing their Bounds , and violating the Injunctions upon their peril ( if so be they do so , that they may ordaine some ) in order to the keeping up of this Ordinance , is in so far commendable ; but is not sufficient to expiat the guilt of accepting the Indulgence , which was thus clogged ; as their whole relinquishing of the Indulgence , & betaking themselves to the Fields , with the rest of their Brethren , would prove a commendable after-wit ; but would not say , that there was no evil , in their accepting of the Indulgence , but the contrary rather . VII . How hereby our Cause and Ground of Suffering is vvronged . THE Lords good hand of Providence having so ordered it , that once a considerable Company were willing to endure Hardshipe . Want & Tribulation , for the Truths sake ( and therefore choosed suffering rather than sin ) ; which , howbeit it was upon some accounts sad and afflicting ; yet upon the account , that the Cause of Christ was owned , the Work of Reformation not condemned , but accounted still the Work of the Lord , was no small matter of Joy : Though it might have been expected , that few or none of all the Ministers , that had seen the great Works of the Lord , should have so relinquished the Interest of Christ , and embraced what once they had abjured ; yet we ought to bless the Lord , that so many abode steadfast in the day of Temptation . But how joyful so ever it was to see such a goodly Company , adhering to their Principles , and fully following the Lord ; it cannot but be as sad and afflicting , upon the other hand , to see this goodly Bulk wretchedly broken . and to see men stepping off , and that such Men , and so many such , and that after such a way , as cannot but be accounted a falling off from formerly received Principles , and from the Cause and Ground of our Sufferings . Now that the Embracers of this Indulgence are justly chargable herewith , may appear from these Particulars . 1. It was a part of the Reformation , which through the special goodness of God , our Church at length , after long wrestling , attained to , that the people should be restored to their Right and Privilege of Calling , and making a free Choise of their own Pastors , according to the example of the pure and primitive Church : And it was because they would not renounce this way of entrie , that so many Ministers were thrust out from their Congregations , by the Act of Councel at Glalgow . But in the Indulgence , there was an entering into the Pastoral Charge of a people , upon the Act and Call or Order of Council , without this Free and Full Election of the people . The Nominal Call , that was precariously had thereafter , as to some , was but a mock-call , and no foundation of their Relation unto these places , as hath been seen . And how the Councils Act and Order was exclusive thereof is manifest , and confirmed by the Instance of Mr Weer's Process . Sure , as the Election here was null , there being none to choose upon , and the Call prelimited , because the Councils Order did set such an indulged Man over them , whether they would , or not ; so the making a shew of seeking or of getting a Call from the people , after the Ground of the Relation was already laid , was the exposeing of that Order of Christs to ludibrie . 2. Multitudes of the Non-conforme Ministers were ejected , and cast-out of their Places and Congregations , because they would not acknowledge the Power and Interest of Patrons , nor accept of their Presentations unto Flocks : But in this Indulgence , as we saw above , the Interest of Patrons is reserved entire : Though they should say , That they sought no Presentations from Patrons , nor had they any active hand therein , it will not much avail : For even several of the ejected Ministers might have been free of ejection , if they could in Conscience have yeelded to so much , and acquiesced in this , that the Patron should have signified to the Bishop his presenting of such a Person , and that without his express Consent , or Formal Acceptance thereof : Yea how many had the Presentation willingly and cheerfully offered unto them undesired ? 3. It is the chiefe Corner stone of our Reformation , and the fundamental point , whereupon all the wrestlings , and sufferings of our Church from the beginning have been stated , viz. That Christ is the alone Head of the Church : But by the Indulgence another head is acknowledged beside Him ; when thereby it was declared , that the Indulged held not their Ministrie of Christ alone : as we saw above on the first head , and first particular thereof . 4. So by the rest of the Particulars , mentioned under that head , we see how many wayes , there was , in this Indulgence , a defection from former Principles , and a falling off from our grounds , all which we need not here repeat . 5. We fall from our Principles , and from the cause , upon which our sufferings are stated ; when we cede and yeeld to Adversaries , seeking to overthrow the pillars and grounds of Presbyterian Government : And in how many Particulars Presbyterian Principles are , by this Indulgence , receded from , we have seen above , in the 2 head . 6. It hath been the Lot of the Church of Scotland , from the very beginning , to be put to wrestle against the Powers of the Earth , encroaching upon the Prerogatives of Jesus Christ , and the Privileges of his Church ; and in contending for the same , against all such Usurpation , did the faith●ulness and steadfastness of our worthie & renowned Predecessours appear and shine forth ; and upon the account of their faithful adhering to the Truth , and bearing witness against all Usurpations , made upon the Rights of the Church , and on the Jurisdiction of Christ , sole King of Zion ; and for declining Judicatories acting by usurped Authoritie , were they all alongs put to suffer in their Freedom , Persons , Goods &c. by Tossings , Citations , Letters of Horning , Confinements , Imprisonments , Confiscation of goods , Relegations , Sentences unto death , and Banishments . But now , what a falling off this ground , ceding to Usurpations , Homologating of the Supremacie , & Establishment of Erastianisme is in the Indulgence , is manifest from the Particulars mentioned under the 3. and 5. head . 7. We need not forget , what was one maine ground of the actings of our worthie and valiant Predecessours , in the yeers 1637 and 1638. viz. That Ecclesiastick causes should be determined by Lawful Ecclesiastick Judicatories , and Civil causes by Parliaments and other Civil Judicatories . But to Homologate a Power in the Civil Magistrate , as such , to cognosce upon , and judge in Church affairs , immediatly and formally , is to condemne all these actings , and all the actings of Church and State since , upon that ground ; and a plaine relinquishing of that foundation . And that by the accepting of the Indulgence , such a power is acknowledged to be competent to the Civil Magistrate , as such , hath been manifested above , in several Particulars , Let us here but name that one Instance of the Councils sole judging of the fitness and Qualifications of a Person for such or such a charge , in reference to his setling there , as Pastor of the place ; which is an Ecclesiastick cause , and hath been alwayes so accounted . But it will be said , No man needs question their abilities , some having been Ministers , in the most eminent places of the Kingdom . For answer . I shall not question their abilities , though it may be , the carriage of some of them hath been such , since this defection began , as would make a Conscientious Church-Judicatory not a little averse from admitting of them within their bounds , if the Acts of our General Assemblies , by which they stand censurable , were in any regarde . But however , the Civil Magistrate is here made sole competent judge of this fitness ; and by what right he hath appointed these to go to the places , particulary designed , he may appoint others to go to such places , for which no Church-Judicatory , acting conscientiously , would judge them Qualified : And who can challenge them upon this account , seing they are sole judges , themselves ? 8. In King Iames his dayes , several faithful and honest Ministers were banished from their own Churches , and confined in other places of the Land , and seeing no hope of getting the Civil Sentence taken off , were necessitate to accept of a call to serve the Lord , in the places where they were confined ; but we never finde , that they took the Charge of such or such a Flock , upon the Edict or Act of Council , enjoining them thereunto . 9. Who ever heard before , in our Church , Ministers compeating before the Privie Council , and there receiving Directions , Instructions , Rules and Canons , directing them , how to regulate themselves in the exercise of their Ministerial Function ? And when the Indulged Persons did thus , who can assoile them from a plaine Defection from our Cause and Principles ? Put the case , that some Ministers had done so in the Year 1649. how would they have been looked upon by our General Assembly ? Or if our Parliament and Council Anno 1648. had turned out such as were against the Duk 's Engagment , and thereafter had ordered them ; to go to such and such places of the Land , as they thought fit , giving them withall such Instructions , as here were given to the Indulged , if these Ministers had carried but just , as our Indulged did , I leave to all to judge , whether or not they had been looked upon , as Deserters of our Cause . 10. We know what sufferings those faithful men underwent , when after so long imprisonment they were at length condemned at Linlithgow Anno 1606. for declining of the Privie Council , when about to judge them in the matter of a meeting keeped , or offered rather to be kept , at Aberdeen : But now we finde severals Indulged called before the Privie Council , there to be judged concerning their Baptizing of some Children within the Covenant ; a matter no less unquestionably Ecclesiastick , than was that meeting at Aberdeen ; and in stead of giving-in a Declinature , we heard of nothing , but of a simple excuse , that they had not seen those Orders , plainly showing , that if they had seen them , they had obeyed them : was not this a manifest defection from our Principles and Cause ? 11. I might mention under this Head , the Indulged persons their forsaking and laying aside , at the command or desire of the Council , that useful and commendable piece of our Reformation , I mean , the Lectures , or Explication of the Scriptures ; against which nothing can be supposed to move our Adversaries , but onely that it is a piece of Reformation ; yea the only remaining monument of that blessed work , all which they abhore . 12 We are engaged , as will not be denied , against Prelacy ; and yet the Indulged did virtually engage to support that , which they stand obliged to pull down , by receiving of these Injunctions , which ordered them to do many things , tending to the strengthening of the Prelatical Invasion : Of which more particularly in the following Head. VIII . Hovv the hands of Prelates are hereby strengthened . COnsidering how we stand engaged against Prelates and Prelacie , every sinful course , that hath a tendencie to strengthen their hands , and to fix them in their tyrannical Usurpations over the Church , should be so much more abhorred by us ; Yea , what otherwayes might be lawfully done , in this case , should be wholly forborne . We shall therefore take notice of the Advantages given to Prelacy by this Indulgence . As. 1. Not to mention the open door , that is left unto them , to accept of the Prelates Collation , nor the encouragement they have unto the seeking and obtaining of this from the Bishop , in and by this Indulgence ; we may take notice of this , That hereby they put themselves in prison , and the key of their Prison , door is in the Prelates hands ; for without licence , granted by the Bishop of the Diocie , they may not go without the bounds of their confinment . And , sure , as this is no small disadvantage to themselves , but a manifest exposeing of themselves unto temptation ; so it is a great power and advantage granted to the Prelate over them ; which slaverie and bondage they had been free of , if refusing the Indulgence , they had remained in the same Condition with the rest of their Non-Indu●ged Brethren . 2. There is in the accepting of the Indulgence , a voluntarie with-drawing of an helping hand from the greatest part of the Land , groaning under the Tyranny of Prelacy ; and a leaving of the same unto the will and pleasure of the Prelates and of their Curates ; for hereby they willingly did give up themselves to be inclosed wi●hin their several designed and limited places , and were content their Ministery should be their confined , let the necessity of the Church be what it would , or cou●d be . Thus , as to them , the Prelates , and their Curats were left in the peacable possession of all the rest of the Land , which was no sma●l advantage , seing they were secured as to them , in all time coming , and had no ground to fear , that they should ●●ssen their Kingdom , and beat-up their quarters , with Field & House-Meetings , as others Non-Indulged did , and are doing , to the Glory of God , & to our Comfort . 3. Not to mentione the friendly and brotherly love and correspondence , that some have observed betwixt some of the Indulged , and their neighbour Hirelings , who are under the Prelates the general deadness and slackness as to any zeal against the Prelates and their wicked courses , which is commonly observed , wherever the Indulgence is , is no small proof of the advantage , which Prelates and Prelacie have had by the Indulgence : Prelates themselves will possiblie say , that one field Conventicle hath done them and their cause more prejudice , than many preachings of all the Indulged men : Though I am far from : thinking , that the preachings of the Indulged , have any direct tendencie to strengthen the Course of Prelacie ; yet what I have said being generally observed to be true , themselves are concerned to search , whence and how it cometh to passe , that it is so ; as also , how it is that so many observe a greater keenness in them , against the field preachers , than against the Prelates ; yea and the Supremacy , even in their Sermons . 4. It may have some weight , as to this , to consider , how by their accepting of the Indulgence , which floweth from the Supremacie , the Prelates are ready to look upon themselves as justified , in accepting of Prelacie from that same Supremacie , for , may they think , These men cannot blame us for acquiesceing unto the determination of the King , acting by vertue of his Supremacy in Church-affairs , and over all Church-Persons , and accepting of that Charge and Place , which is given to us , in the Church , from him , who hath full power to dispose of Ecclesiastick Persons , as he will ; seing they themselves have acquiesced unto the determination of the King , acting by vertue of his Supremacie over Church-Persons , and accepted of what charge and place in the Church he thought fit to give them , and took their Instructions , to boot . 5. In accepting of the Instructions , they virtually engaged themselves to several things , which could not but strengthen the hands of the Prelates and their Curates . As ( 1. ) To admit none of the people , who live under Curates , unto their Sermons . ( 2. ) Not to admit them to their Communions , without the allowance of the Curates . ( 3. ) Nor to baptize their Children , without the same allowance . ( 4. ) Not to marry any , living within their bounds , without the said allowance , if the place be not vacant . ( 5. ) They are ordered also to observe Presbyteries and Synods , which are now wholly Prelatical . ( 6. ) Matters of Discipline and Censure , which usually came before Presbyteries and Synods , are ordered to run in the same channel . By all which ( not to mentione their praying of dues to the Clerks of those Episcopal Meetings , which was also injoined ) it is obvious and plaine , how the hand of the Prelates and their Curates were to be strengthened ; and if these Orders had been punctually observed , themselves , I hope , will grant , that hereby the hands of these Adversaries had been strengthened ; and if so , sure I am , their receiving of these Injunctions , and of their licence upon condition of observing them , was a virtual engaging of themselves hereunto . IX . Hovv it is against our Covenants . I Hope , it will be granted , that the obligations of the Covenants , Vowes and Solemne Engagments are upon us ; and that I need do no more here , than show , wherein the accepting of this Indulgence was against our Covenants ; and this is to me manifest from these Particulars . 1. It is a chiefe part of that Religion , and head of that Doctrine , that we are obliged by all our Covenants and Vowes to defend , viz. That Christ is sole King and Head of His Church , which is His House and Kingdome ; and consequently , we are obliged to do nothing , that may wrong His Right , and entrench upon His Royal Prerogatives . But what wrongs the accepting of this Indulgence carrieth alongs with it , against the Royal Prerogatives of Christ , as sole Head and King of His Church , we have seen above , under the first Head , and we need not here repeat them . 2. We are obliged by our Covenants to defend and own Presbyterian Government , as is granted by all : but in how many particulars this Indulgence crosseth the principles of Prebyterian Government , we have seen above , under the Second Head ; and as to all these particulars our Covenants are violated . 3. How we are engaged by our Covenant against P●elacy , the second Article of the Solemne League and Covenant can tell us ; and how many wayes the accepting of this Indulgence , did contribute expresly or virtually , unto the strengthening of Prelacy , we saw above , under the foregoing Eight Head : And it is past all question , that these particulars there mentioned are utterly inconsistent with an Endeavour to extirpat Prelacie . 4. We cannot be ignorant , that in the Solemne Acknowledgment of sins , and Engagment to duties , we vowed and swore to study and endeavoure to preserve Religion in purity , against errour &c. and particularly against Erastianisme , in these words , Because many have of late laboured to supplant the liberties of the Kirk , we shall maintaine and defend the Kirk of Scotland in all her Liberties and Privileges , against all who shall oppose & undermine the same , or encroach thereupon , under any pretext whatsomever . And certaine it is , that Erastianisme was never so regnant in Scotland , as it is , and hath been , since this Catastrophe began , and that the Liberties and Privileges of the Church are not only now opposed , encroached upon , and undermined , but overturned and quite taken away . Now , how became it all , who minded faithfulness and steadfastness in their Covenant , to stand fast in this Particular , and be tender of all the Privileges of the Church , and to guaird against very thing , which might contributee in the least , or be justly interpreted to contribute unto this Invasion , or prove a consent thereunto ? But on the other hand , in how many Particulars , the accepters of the Indulgence stand guilty here , hath been shown above , and may be seen under the Third and First heads . 5. We are expresly bound by our Covenants , not to suffer ourselves Directly , or Indirectly , by whatsoever Combination , Perswasion , Suggestion , Allurment , or Terrour , to be divided or withdrawn from our blessed Union and Conjunction , whether to make defection to the contrary Party , or to give ourselves to à detestable Indifferency or Neutrality . But , now , as to this Indulgence , what a divisive motion it was , is notour enough ; and it was , by the confession of some of the chiefe of the Indulgers themselves , said to be intended for that end ; and beside this , the thing it self speaketh out this with a loud voice . How manifest and great a breach is hereby made among the suffering remnant , is beyond all denial ; and how great , consequently , and manifest the breach of Covenant is , upon this account , is Alas ! too obvious and plaine . X. Hovv hereby the condemne themselves . THis Consideration may also furnish us with another head of Arguments against this Indulgence , That the accepters thereof have thereby , in several Particulars , condemned themselves , as to their former Principles and Practices : And this Consideration may be looked upon , as an Argumentum ad hominum , as it is called : An argument , that may militate against them . Now this self contradiction of theirs appeareth in these Particulars . 1. I shall suppose , that several of them at least ( for I love to judge the best ) were no Enemies to Field and House-Meetings , howbeit condemned by the Law ; and that possiblie some of them did preach sometimes at such meetings ; though the Qualification , required in the Kings Letter , and presumed by the Council to be in them , to wit , of living peacably and orderly , would say some other thing . And if they did approve of these Meetings , and of that way of preaching , for spreading of the Gospel , and doing good to the suffering Church of Scotland ; they could not but , in so far , condemne all courses and wayes taken , or to be taken , of purpose to hinder that good work ; and consequently condemne the Indulgence , which was manifestly contrived for that end . But now in accepting of the Indulgence , they have approved what formerly they condemned , and have condemned what formerly they approved . 2. They all , I suppose , do condemne the Supremacie , as an Usurpation , not to be allowed ; for I never heard of any of them , save one , of another judgment , in that particular . But in accepting of the Indulgence , they accept of that , which purely floweth from the Supremacie , and which had never been , if the Supremacy had not been usurped , and which hath no legal being but by the Supremacie and its explicatory Act , which is all their legal ground of security , as hath been manifested above : And therefore do Homologate , and virtually approve of that , ( as was manifested under the 3. Head , which they have condemned ; and so have acted inconsequentially to their own Principles . 3. I likewise suppose , that they condemne the entry of the Curates , who have entered by the Prelates : And whatever accidental differences may be betwixt their entry , and the entry of the Curats ; yet in this maine and Principal ground , whereupon both are to be condemned , they agree ; to wit. That the entry of both is founded upon the Supremacie : For the Prelates have their power in the Church from the Supremacie : and so doth the Councel act in Church affairs by vertue of power , flowing from the King , as Supream in Churchs-affairs ; and Curats enter immediatly by the Prelates , and the Indulged enter immediatly by the Council ; and both enter mediatly by the Supremacie , but with this difference , that the Conveyance seemeth to be more Ecclesiastical , as to the Curats , Prelats , as such , being supposed at le●st , Ecclesiastick Persons , and so called ; than it is as to the Indulged , the Council neither really , nor nominally being a Church-Judicatory . 4. They formerly refused to stay with their Charges , by vertue of a Presentation of the Patron , who possibly would have granted it undesired ; and yet now they have accepted the same Charges , and some have accepted of other Charges , not without the Consent of the Patrons , according to the standing Law ; and the same is expresly mentioned , as had and obtained by the Council , in order to their Legal Estab●i●hment . In so far therefore , they cannot but have condemned themselves and their former Principles and Practice . 5. We know how many of these same Brethren refused the Accommodation , that was offered by B. Lightoun ; and therefore would not joyn nor concurre with the Prelates , or their Curats , in their Presbyteries and Synods ; and yet with the Indulgence , which they embraced , was this , among other Instructions , given , that they should repaire to these Meetings , and referre Causes , usually referable , thereunto ; and though they did not obey the said Injunctions , yet their receiving of them , at the Councils Bar , was a virtual Approbation yea and a promise of performance ; and that so much the more , that the favour was offered upon these termes , as the Council expresly declared . But further , we may draw a parallel here , whereby it may distinctly appear , that their refusing of the Benefite , offered by the Accommodation , did condemne their accepting of the Benefite , offered by the Indulgence : As ( 1. ) as the exercise of the Ministrie in preaching is a part of the Ministerial Function ; so is the exercise of Discipline . ( 2. ) As the one exercise doth natively and originally flow from the Appointment of Christ , and Power given by Him ; so doth the other . ( 3. ) As it is unlawful to acknowledge and submit to the Usurpation of Prelates , in the exercise of Discipline ; so it is unlawful to acknowledge or submit to the Usurpation of the Council , in the exercise of other parts of the Ministerial Function ▪ ( 4. ) As in following the Indulgence , we may possibly imagine , that we act by vertue of our Ordination , solely and purely ; so in sitting in Presbyteries , we may likewise imagine , that we act by vertue of our first Ordination . ( 5. ) As the Interposition , or Intervention of the Prelats Usurpation altereth the current of the exercise of Discipline ; so doth the Interposition or Intervention of the Magistrats Usurpation alter the current of the Exercise of Preaching &c. ( 6. ) As in the exercise of Discipline , in those Meetings , the Accepter of the Accommodation would have yeelded himself up to be accountable to the Prelat ; so , in the exercise of the Ministrie , the Accepter of the Indulgence yeeldeth himself up to be accountable to the Magistrate , who gave him these Instructions ; in so far as concerneth these ? Yea , in the offer of the Accommodation , there was this advantage , That the Accepter had full Liberty granted to him , at his entry to these Meetings , to declare , that he did not renounce his own private Opinion anent Church-Government ; and to enter his Declaration in what forme he pleased : But the Accepter of the Indulgence had no such Liberty granted to him , though the deed was as manifestly a compliance with Erastianisme , as the other had been with Prelacie . But it will be said , that the maine ground of scrupling at the Accommodation , was , that these Meetings were not true Presbyterial Meetings , these being discharged by Authoritie , and all their warrant in Law removed , and those new meetings being enjoined for establishment of Prelacie , on which they were wholly to depend . I Answere , I am not seeking to weaken any ground of scruple , which these Brethren had against the offered Accommodation ; but am only showing , that what grounds moved them to scruple at the Accommodation , these same should have prevailed with them , to scruple at the Indulgence ; and therefore shall hold forth the Parallel of the two Cases , even as to this ground : So that ( 1. ) As no act of Civil Authority can lawfully depose a Minister from the Ius and Right of preaching ; so neither from the Ius and Right of exercising Discipline . ( 2. ) As Civil Authority can only impede the Actual exercise of the one , in such or such a particular place ; so only can it impede the Actual exercise of the other . ( 3. ) Civil Authority could not take away the Ius of Presbyterial Meetings , but only impede their exercise ; as Civil Authority could not take away the Ius of a Ministers preaching , as Pastor over such a Ch●rge ; but only impede the exercise of that Function . ( 4. ) As notwithstanding of all that the Civil Authority did , Ministers retained a fundamental Right to exerce the Office of a Minister , in their several Congregations ; so , notwithstanding of what the Magistrates did , they retained a fundamental Power and Right to meet in Presbyterial Assemblies for the exercise of Discipline . ( 5. ) I● yet , notwithstanding of this , Presbyterial-meetings are said to be quite overturned ▪ by the Magistrates discharge , and cassing the Lawes made for the establishment thereof ; why may not also the Ministers Relation to such a flock as Pastor thereof , be said to be annulled by the Magistrates Act , discharging him to preach there , and cassing the Law establishing the right way of entry by Free Election of the People , without Presentation of the Patron ? ( 6. ) And if after what hath been done by the Magistrats , in taking away the Old Presbyteries with their legal Ground , any new Meetings that are , being appointed for establishing of Prelacy , be Prelatical Meetings ; why may not also this new Pastoral Charge , being appointed by the Magistrates , for Establishment of Erastianisme , after all that hath been done , in taking away the Old Relation with its legal ground , be an Erastian Relation ; and consequently as much to be scrup●ed at , as these Meetings ? 6. No doubt , these Brethren would have scrupled to have taken the Bishops Collation : And in accepting of the Indulgence , I judge , they have condemned themselves in this : For what ever Reasons could have moved to have scrupled that , the same , or the like should have moved them to have scrupled this ; as will appear by the parallel , in these Particulars , ( 1. ) If the Indulged think that the Indulgence is but a partial Restitution of the Liberty , whereof he was totally deprived ; so the Minister , that accepteth of the Prelats Collation , may judge and say , that it includeth not Ordination , for he was an ordained Minister before ; but is only a granting of Lberty , for the free exercise of the Ministrie . And he may think , that by no reason he can be construed to acknowledge more , as well , as the Indulged Minister may think . ( 2. ) As he , who submitteth to Collation , acknowledgeth and preferreth the Prelate , as a proper Minister of Jesus Christ ; So he , who submitteth to the Indulgence ; acknowledgeth the Magistrate , or the Council to be the proper Subject of Fo●mal Church-Power , which is tantamount to the making of them Ministers of ●e●us Christ , yea , which is worse , he ascribeth unto the Magistrate , that Architectomick Power in Church-Matters , which is proper to Christ , the only Head of His Church . ( 3. ) As in Collation there is a formal acceptance , a direct Submission and Recognizance and as significant a Transaction , as if the Bishop did expresly stipulat , and the other Consent and Promise ; so in the Indulgence , ( as hath been cleared above ) there is a formal Acceptance , and a plaine Submission and Recognizance ; and as Significant a Transaction ( if the Council be to be beleeved ) as if the Council did expresly stipulate , and the other Consent and Promise . ( 4. ) Suppose the Prelate should send to an outted Minister a warrant , licensing him to go to another Church , than his own ( I state the Supposition thus , in case any should think there is a Difference betwixt a Collation , and such a Licence ) would the outted Minister , or any of those , who are now Indulged , accept of the same , and upon that sole Ground , look upon himself as Minister of such a place ? If not , why did they accept of such a Licence from the Council ? XI . Hovv thereby the Meetings of Gods People are prejudged . IF the Indulged Ministers be not real Enemies to , and utterly dissatisfied with the Assemblings of Gods People in Houses , or in the Fields , against which the rage of Rulers hath appeared so much , by terrible Acts and Proclamations , and more terrible Executions , ( as I desire to think they are not ) it will easily be granted , that if their accepting of the Indulgence , be really Prejudicial unto the carrying on of the Work of God , in and by these Meetings , nicknamed Conventicles ; or if it be found , that by the accepting of the Indulgence , they have contributed unto suppressing of these Meetings : and consequently , that interpretativly they may be charged in part with the Severities , exerced against the same , if , I say , this be made probable and likely , we will have , upon this account , a new Head of Arguments against the accepting of this Indulgence , which deserve some Consideration here . What have been the Tossings , Harassings , Afflictions , Vexations and Sufferings , that the Servants and People of God have met with : because of their following of this Necessary and Signally blessed Duty , none of the Inhabitants of the Land can be ignorant of ; and the Jailours can abundantly witness unto this very day , together with the Barbarous Souldiers , who readily did and do put in exec●tion the cruel Commands of their enraged Masters : And it would be too long and too Tragical an Historie to make a full and faithful relation of the same . It would be too tedious also to make mention only of all the Acts , Edicts , Proclamations and other things of that kinde , that have been made and emitted against the sa●ds Meetings , breathing forth nothing but the height of cruelty and rage , imposei●g exorbitant fines upon all Persons found at those Meetings , threatning death to he Ministers ; giving encouragement to Souldiers to apprehend the hearers , by the pomise of their fines and escheats , and to apprehend some certain Ministers by the Promise of two thousand Merks ; and to apprehend all others , preaching at ●uch Meetings by the Promise of one thousand Merks , besides other rewards . It w●uld likewayes prove too long , to give but an acc●unt of the Letters of Inter commu●ing , against multitudes both of Ministers and Professours , simply upon this account , Datted Aug. 6. 1675. Whereby all the Subjects were prohibited to Reset , Supply or Intercommune with any of the Persons therein mentioned , or to haue intelligence with them by Word , Write , or Message ; or furnish them with Meat , Drink , House , Harbour , Victual , or any other thing useful , under the paine of being repute ai●t and part with them , in the Crimes of Rebellion mentioned , and pursued therefore with all rigour . Only , from all these it is manifest , what an eye-sore these Meetings have been , and yet are unto the Rulers , and with what edge and eagerness they have laboured by all meanes possible , to suppress and quite destroy the same . This premised , in order to our Designe here , we desire that these following Particulars may be pondered . 1. It hath been manifest above , both from the Kings Letter and other Particulars , beside the notoriety of the thing it self , that the Indulgence was contrived of purpose , for this special end , among others to bear down and extinguish these Meetings , nicknamed Conventicles . 2. It is certaine , that all such , as have accepted of the Indulgence , have for the most part laid themselves wholly aside from this necessary work of the Lord , this day , and have received a Letter of ease from this troublesome and hazardous imployment of carrying the newes of the Gospel , from mountaine to hill ; ( to which the Lord is calling aloud , this day , and graciously encouraging by his wonderful blessing the laboures of these few , who yet venture ) and have given themselves to rest , under the covering of the Supremacy . 3. It is likewise manifest , that if all the rest of the Ministers , named in the Councils Acts , had done as they have done , and had accepted of that supposed favour , and submitted unto their Order of Indulgence and Confinement , there had been few left to have carried on that great work of the day , which appeareth to be the work , that God is in a special manner calling unto . 4. If all had refused to accept of that Indulgence , and had concurred with one shoulder to carry on that great and necessary work of the Lord , the Rulers had been utterly frustra● in their designe of banishing these Solemne Assemblies , these Royal Rendevouzes of Christs militia , and these solemne occasions of the Lords appearing in the power of his grace , out of the Land : And , on the other hand , the accepting of the Indulgence hath encouraged them in their wicked Purpose , fortified them in their Resolution , and animated them unto a following forth of their Designe , by all their cruel Acts and bloudy Executions . 5. By accepting of the Indulgence , not only have the Accepters laid themselves aside from this necessary and blessed Work ; but likewise all these people , over whom they are set by the Council , are with-held or withdrawn from waiting upon the Lord , at these blessed and wonderfully countenanced Occasions . Whereby the Followers of the Lord are broken , divided , and weakened , and so become a more ready prey unto the Adversary : For 6. If all the outted Ministers had faithfully and diligently gone about this Work , and had , for that end , divided themselves thorrow the Land , the work had been more succesful , the Followers of the Lord had multiplied , and had remained unite in one intire Body ; the Adversaries had been put to a demurre , and had not gote such Advantage , as now they have gote ; and the people of the Lord had had more Freedom to serve him , and had been more secured from Danger : Whileas now , when re●●cted to a few number , their Assemblings are the more laid open unto the persecution , and fiery pursuite of Rulers , and exposed more to hazards and grievous Difficulties , as experience hath proven . 7. Wherefore , seing by accepting of and submitting to this Indulgence , there is a contributing of a concurrence with the Rulers , in their wicked Designe of banishing all these Meetings out of the Land , which manifestly had been defate by a plaine & positive refusal of that supposed favour ; and seing the same is so inconsistent with the keeping up of these Meetings , and infallibly effectuateth a relinquishing of them by many , and a diminishing of their number ; it is undeniable that the Accepters of this Indulgence have , in so far , and upon the matter , condemned all those Meetings ; and consequently approven all the Opprob●ious and false Epithers given unto them , and persecution made against them by the Rulers . 8. Having thus exposed the residue of the faithful of the land , ( who through grace are resolved to follow the Lord with full purpose of heart ) , unto the furie of the Adversaire , They become interpretatively guilty of and accessorie to all the Cruelties and Barbarities , used and exercised upon Ministers and Professours , for adher●ing unto that way . These things might be further enlarged and exaggerated ; but I choose only to mention them , and proceed , XII . How Scandalous and Offensive it is . The reall ground of Offence , that was in the accepting of this Indulgence , and the Scandal that was thereby given to one and other , is valide enough alone to militate against it , and sufficient to condemne it , unto all , who understand the nature of Scandal , and the dreadfulness of the sin of giving scandal by any thing we do , whether as to Matter , or Manner ; and who remember what Christ and His Apostles have said of this Matth. 18 : 6 , 7 , 8 , 9. with the Parallel Places Mark. 9 : 42. and Luk. 17 : 1 , 2. Rom. 14. throughout 1 Cor. 8 , and 9 : and 10. Chapters . And there is no way to evi●e the force of this Argument , but by affirming and proving , That the Action , at which offence is taken , or may be taken , is not onely lawful in it self ; but , as circumstantiat , is expedient and necessary to be done ; as all Orthodox in this matter know , and as may be seen in the Disputes of our Predecessours against the Formalists , especially in the English Popish Ceremonies ; and in the Debates of the Non-conformists in England , this day , with their Adversaries , upon this Head. Wherefore , seing it will be easily granted , that the accepting of the Indulgence , was not a thing in it self necessary , so as it could not be refused without manifest sin against the Lord ; and we have sufficiently , by our foregoing Arguments , proven the same to have been sinful . And seing it will not be sufficient to say , That it was a matter in it self Lawful , or Indifferent , seing what is Lawful in it self may become , by reason of some Circumstances , Inexpedient , and what is Inexpedient , in so far as Inexpedient , is Unlawful ; and by what we have said , we suppose it is apparent , that none can with any shew of Reason affirme , that it was Expedient . Seing I say , the matter standeth thus ; and seing withall it had such a manifest appearance of evil in it , and that upon so many accounts , as hath been cleared , upon all which , it cannot but be conceived , to have been very Scandalous and Offensive . In prosecuting of this Head , I might here make a large recapitulation of the Particulars , wrapped up in that complex Business , considerable in the circumstances thereof , and in their carriage , at the receiving thereof , and at their receiving of their Instructions , and otherwayes ; and show how , by all of these , they gave offence : But to shun prolixity , I shall leave that , knowing that the Judicious Reader will have observed these things , in the perusal of what is said above . All therefore that remaineth here to be done , is to show what appearance of evil , and real matter of scandal there was , in the accepting of this Indulgence : And while I am to do this , I would have no man thinking , that hereby I do in the least weaken my foregoing Arguments , proving it sinful ; for it is a truth , that the open committing of a manifest sin is scandalous ; and no man can say , that the scandal , arising from an action , maketh that action indifferent , and not sinful , in it self , or extra casum scandali . But because we ought all to be tender of the Spiritual welfare of our Brethren , and carefully to guard against the laying of a stumbling block before them , or do any thing that may induce them to sin , or tendeth thereunto , or to retard them in their Spiritual journey &c. Therefore ex superabundante , an argument hence may be convincing . In order therefore to the holding forth of the scandalousness of this action , I shall only mentione the several Persons , unto whom hereby scandal was given , and cleare the same in a word . 1. The accepters of the Indulgence , did hereby give offence unto such of their Brethren , as had the offer , but were not clear , nor convinced of the Lawfulness of the embraceing of such a favour , at such a time ; for by their example these were encouraged and moved to do that , which they judged sinful and unlawful for them to do : And thus was there a stumbling block , and an occasion to fall , put in their Brother's way Rom. 14.13 . And it is evil for any to do such a thing with offence , even though it were in it self , and as abstracted from circumstances , Lawful and Pure Rom. 14 : 20. Nay suppose , that those Brethren had scrupled out of meer weakness ; yet , if the taking of the Indulgence be not said to be a necessary duty , ( as I suppose it will not be said to be ) in this case , it should have been forborne , according to the Doctrine of Paul 1 Cor. 8 : 9.10 , 11. But take heed lest by any meanes , this liberty of yours become a stumbling block to them that are weak : for if any man see thee , which last knowledg ▪ sit at meat in the Idols temple ▪ shall not the Conscience of him , which is weak , be emboldened to eat those things , which are offered to Idols ? And through thy knowledge , shall the weak brother perish , for whom Christ died . 2. They gave offence unto others , who had not this in their offer , yet Judged the accepting thereof unlawful , upon the ground last mentioned ; and t●erefore should have hearkened unto the direction of Paul , in a like case 1 Cor. 10 : 28. But if any man say unto you , This is offered in sacrifice unto Idols , eat not ; for his sake that shewed it , and for Conscience sake — vers 29. Conscience , I say , not thine own ; But of the others . And accordingly have refused that Indulgence , seing there wanted not who told them of the evil , they conceived to lye therein . 3. They gave ground of offence unto the Godly Professours of the Land , who looked upon that course ( as they do to this day ) as homologating the Supremacy and as strengthening the Erastian Invasion , and so gave ground to them to think , that they had departed from their Principles , and to be grieved thereupon : The consideration of which should have prevailed with them , to have refused this pretended favoure , according to the direction of Paul Rom. 14 : 15 , 16. But if thy brother be grieved with thy meat , now walkest thou not charitably . Destroy not him with thy meat for whom Christ died . Let not then your good be evil spoken of . 4. It was a great ground of offence unto the whole suffering Church of Scotland , in them , thus to withdraw from their Brethren , and leave them in the furnace , contrare to their former Engagements ; not to mention the other Particulars , wherein we found their sacred Bondes hereby violated , which necessarily became a ground of great offence unto all : Nor to mention these Particulars , whereby we manifested above , that the accepting of this Indulgence , was injurious unto Christ's Headshipe , unto the Privileges of the Church , & to the Principles of Presbyterian Government , and others ; from all which it is undeniably clear , that a palpable ground of stumbling was laid before , and offence given unto all the honest party . 5. Great offence and matter of griefe was hereby given unto the few , that continued at their Masters work , in preaching in Houses , or in Fields , as occasion offered ; for , hereby their hands were weakened , the number of the bearers of burden waxing smaller , even while the work was growing upon their hand ; and they were made , out of a preposterous tenderness unto them , who had thus stepped off , to forbear preaching in such places , where these were Indulged unto , though formerly they used to meet with some encouragment in those places . 6. Hereby was offence given unto the Prelates , and to their under Curates , when they were hereby confirmed in their Usurpation and Defection : That action is indeed scandalous , that edifieth not ( as the Apostles word is 1 Cor. 8 : 10. ) or emboldeneth , or confirmeth any , in an evil course ; the Particulars hereof were mentioned above , under that Head. 7. There was hereby a stone of stumbling laid before the Rulers , for they were hereby encouraged to proceed in their Encroachments upon Christ's Prerogatives , and on the Privileges of the Church , when they saw their contrivances for that end so sweetly complied with , and heard nothing of a Plaine , Direct , Apposite and Intelligible Testimony given against them , and their proceedings . 8. There is a stone of stumbling hereby laid , before the Posterity , in all time coming ; for if the Rulers shall follow this course , & suffer no Minister to be setled any where , but as they please , & shall plant , & transplants as they please , without any regarde had either unto the free Call of the people , or the Trial or Examination & Ministerial Mission of Church-Judicatories , & prescribe unto them what Rules & Instructions , they think good ; what shall the Posterity do ? Will nor Intrants , in that case , willingly submit , and think themselves obliged to do so , having such a preparative before them ? 9. Will not this be an Afflicting and stumbling Consideration to any , that shall read the History of our Church ; when they shall there see , with what Courage , Faithfulness , and Heroick Resolution , the Faithful & Zealous Ministers of Christ , maintained by Petitions , Declarations , Protestations , Declinatures , and Sufferings of all sorts , the Power and Privileges of the Church , against all Incroachments and Invasions , made thereupon by King and Court ; and now shall see such a company of Ministers , upon such small Temptations , at least , as to hazard , complying with & submitting to more grievous Usurpations , that ever King Iames did attempt ? We no where read , that ever King Iames , notwithstanding of all the Supremacy , in Church affairs , and over Church-Persons and Officers , that was assumed by him , and attribute by Parliament to him , did exerte such a Supremacie over Church . Officers , or Ministers , as to plant them , & transplant them brevi manu , as he pleased . And is it not an heart-breaking thing to think , that now , when this Usurpation hath transcended all imaginable bounds , there should not only be no opposition made thereunto ; but even a peacable compliance with , and quiet submission unto the same , now in its exaltation ? 10. What a stumbling thing is this unto all the Reformed Churches , when they shall hear , that so many Scotish Ministers , who refused to comply with Prelacie , have yet submitted to such an exercise of Erastianisme , as is no where else to be found , through the whole Christian world , for any thing I know ? Where shall we finde the Magistrat , at his own hand Immediatly , planting and transplanting Ministers , as he will , fixing and limiting them , according to his minde ? Nay I doubt , if even in the Pala●inat , where this wof●l weed of Erastianisme did first grow , such an exercise thereof is to be found : or if it be , what a shameful thing is it , that the like should be found in the Church of Scotland , which the Lord hath honoured from the very beginning , to be tried and exercised , upon the point of Christ's Kingly Power , and Headship over his Church , beyond all other Reformed Churches ? Objections Answered . HAving thus shown how sinful the accepting of this Indulgence was , upon many accounts , it remaineth , that we remove out of the way what we conceive can be said , in the defence thereof ; to the end , we may give all Satisfaction possible . Obj. 1. May not the Magistrate , for ends known to himself , discharge Ministers to preach , for a time ; and thereafter permit them to preach ? And seing the Business of the Indulgence was but of this Nature , why might it not be acquiesced unto ? Answ. ( 1. ) That the Indulgence was some far other thing , is manifest from what is said : And beside other Particulars , fully spoken to above , this one may manifest the disparity ; That it is one thing to permit Ministers to exerce their Office without molestation ; and it is a far other thing to Appoint and Order them , to take upon them such or such particular Charges ; and to plant and transplant them , at their pleasure , and subject their Ministrie in its exercise unto themselves , by giving Injunctions , Rules and Prescriptions , to regulat them in the same . ( 2. ) We heard above , how Mr Calderwood and Mr Rutherford did account even that discharge a degree of Suspension , which is a Church-Censure , and consequently is to be inflicted only by those , who have the power of the Keyes . ( 3. ) Worthie and learned Trochreg , in his Commentary on the Epistle to the Ephesians Chap. 6 : V. 20. Pag. ( mihi ) 1122. proveth solidly , that this Power of discharging Ministers the exercise of their Function , doth neither agree to Heathen Magistrats ; nor yet unto Christian Magistrats , who , by their Christianity , have received no new Power or Right over Christs Servants and Messengers ; nor may discharge them from delivering their Message ; nor depose them , whom they could not ordaine ; nor stop their mouth , whose mouth they ●ould not open ; nor silence them , whom they could not send-forth to preach . ( 4. ) When the Magistrate silenceth , it must either be for a Civil , or for an Ecclesiastick Crime : If for a Civil Crime , he can only do this consequently and indirectly ? as Salomon removed Abiathar from the Priesthood , by banishing and confineing him to Anathoth . But then ( as Mr. Rutherfoord in his Due Right &c. Pag. 434. saith well ) he no more removeth a Minister from his Ministrie , than a Master Fashioner , a Sailer , a Plower , a Souldier , a Father or an Husband , from their Work and Respective Imployments , when he causeth imprison , hang or behead them for some Crime ; nor doth he at all remove him from the Ministrie directly , neither can he do it ; for that is a Church-Censure , and the Keyes are not committed unto him . Nor can he do it for any Ecclesiastick Transgression , wherein he is no competent judge : Nay nor can he indirectly and consequentially , in this case , remove any Minister from the exercise of his Ministery , where the Church is settled in her Power , except only Causatively , by Commanding the Church-Judicatories to do their Work first ; that is , first to iudge ; for in prima Instantia , he may not do it : or Corroborativly , by backing the Sentence of the Church-Judicatory with his Civil Sanction and Authority . Obj. 2. Though the Magistrate hath not Power to silence altogether , yet he hath Power to discharge the Publick Exercise of their Ministrie ; and againe , when he thinketh fit , to grant that Liberty unto them . Ans. ( 1. ) Though this were granted , it will not helpe , in the case of the Indulgence , wherein was some far other thing , than a meer grant of Freedome for the Publick Exercise of the Ministery , as is seen above . ( 2. ) Illud tantum possumus , quod jure possumus : We can be said to have Power to do that only , which we have right to do . Now , I would enquire , how it can be proved , that the Magistrate hath Power granted of God , to discharge the Messengers of Christ the free and publick exercise of their Ministrie , Directly , Formally and Immediatly ? ( 3. ) The Practice of the Apostles tels us , that such Commands are not lawful , nor to be obeyed ; for they preached publickly , where occasion offered , notwithstanding of the prohibition of the Magistrate . ( 4. ) The Magistrates lawful Power reacheth privat places , as well as publick places ; as D. Voetius maintaineth against the Arminians : If he may hinder an Heretick from preaching Heresie publickly ; so may he hinder him from doing it from house to house . And therefore , by the same Argument that he may hinder publick preaching , he may hinder the whole exercise of the Ministrie . Obj. 3. Our Second Book of Discipline Chap , 10. granteth , That Magistrates may place Ministers , when the Kirk is corrupted , and all things are out of Order : And so it is now with us . Answ. Yet it is added in that same place . [ That where the Ministery of the Kirk is once lawfully Constitute , and they that are placed do their Office faithfully , all Godly Princes and Magistrates ought to heer and obey their voice , and reverence the Majestie of the Son of God , speaking in them . ] And though our Divines grant , that when the Church is not Constituted , or is wholly corrupted , Godly Magistrates , after the example of some Godly Kings of Iudah , and diverse Godly Emperours and Kings also , in the Light of the New Testament ( as the words run in the place cited , in the Second Book of Discipline ) may do much more , than at other times : Yet I suppose , none , for shame , can make use of such a Concession now ; seing our Church was a Constituted and well ordered Church , and had all her Rights and Privileges ratified and confirmed by Law ; and all the Magistrates of the Land , from the highest to the lowest , were under Solemne Vowes and Covenants , to maintaine her Constitution and Order : And what could be more desired , in order to the settling of a Church ? Whence then the Confusion , that now is , is come , we all know . And when the Magistrates with their own hand overturne all , shall this Objection be made use of , to countenance their After-practices ? That were indeed to teach Magistrates a way , how to usurpe and take to themselves all Church-Power , Viz. Let them once , by Iniquity and Tyranny , break the Glorious Order of the Church , and bring all into Confusion ; and then forsooth they may warrantably assume to themselves and exercise all Church Power , according to their minde . Obj. 4. Hezekiah did apply his Regal Power to the Reformation of the Levites , and to the purging of the Temple 2 Chron. 29 : v. 5. and did also appointe the Courses of the Priests and Levites , every man , according to his Service 2 Chron. 31. So likewise did Iosia● 2 Chron. 35. Answ. Neither of these Kings did destroy the Order and Beauty of the Church , but reformed what their Predecessours had corrupted . Neither of these did take away the just and legal Power of the Priests , ( as our Rulers have taken away Presbyteries and their Power ) that they might exerce it themselves , as our Rulers do immediatly what Presbyteries should do , in the matter of the Indulgence . Neither of these Kings gave new Instructions , out of their own Heads , unto the Priests and Levites , that they might thereby formally subject the exercise of the Ecclesiastick Power unto themselves ; as our Rulers have done . But beside what hath been said to this before , I shall only subjoine the Answer of Worthie Mr G. Gillespie in his Aarons Rod Blossoming Pag. 138.139 . [ Hezekiah ( saith he ) in exhorting the Levites to sanctifie themselves , and to cleanse the Temple , doth require no other thing , than the Law of God did require Num. 8 : v. 6 , 11 , 15. and 18 : v. 32. Which Hezekiah pointeth at 2 Chron. 29 : 11. And why should nor the Magistrat Command Ministers to do the duties of their Calling , according to the Word of God ? As for his appointing of the Courses of the Priests and Levites , he did nothing therein but what the Lord had commanded by his Prophets 2 Chron. 29 : 25. The like I answere concerning King Iosiah ; for it is recorded that what he did , was according to the writting of David and Salomon 2 Chron. 25 : 4. and according to the Commandement of David and Asaph and Heman and Ieduthun , the Kings Seer Ver. 15 ▪ as it is written in the Book of Moses Vers. 12. ] thus he ; and thus wi●hall we see , how impertinent this is to the present purpose . Obj , 5. But what can be said of such of the Indulged , as were sent to their own Charges ? Several of the Arguments adduced cannot strick against them . Answer , Though some of the Arguments will not militate against them directly , yet the most part will. And further , let these things be considered , ( 1. ) That it was a meer accidental thing that they were sent to their own Charges , viz. because at that time they were vacant ; and so , had they not been vacant , these Ministers had been appointed and ordered either to go elsewhere , or not indulged at all . ( 2. ) They were not barely permitted to go to their own Charges , by rescinding the Act of Glasgow , or taking off the Sentence of banishment , by vertue of which they were put from the Actual Exercise of their Ministrie , in their own Congregations , which might easily have been done , if the Council had intended no actual Invasion of the Power of the Church ; nor had designed the Subjection of the Exercise of the Ministrie unto their own Authority . But ( 3. ) They get the same immediat Right to the exercise of their Ministerial Function , which others gote , who were ordered to other places ; and this Right is nothing but the Councils Order and Appointment . ( 4. ) And thus in a manner , their case is worse , than the case of such , as were sent to new flocks ; for upon the matter they did renounce their old right to the exercise of the Ministery , in those Congregations , where once they had been settled , according to the Order of the Gospel , and took a new Right from the Magistrate , and acted upon his Order . ( 5. ) And why may they not also repaire to the Presbyteries and Synods , upon the Councils Order , as well as to these Congregations , seing they had a right formerly , to exerce the Ministerial Function in the one , as well as in the other ; and the Magistrats discharge can no more invalidate the right to the one , than to the other ? Obj. 6. If it be a ground sufficient to reject the benefite of this Indulgence , because it is supposed to flow from the Supremacy , then much more might we refuse to preach , if the Magistrat should command it expresly by vertue of his Supremacy : And if this be yeelded , then it is manifest , that the Magistrate , if he had a mind to banish all preaching out of his Dominions , needeth use no other medium than onely tell the Ministers , that he commanded them to preach by vertue of his Supremacy . Ans. ( 1. ) We do not condemne the accepting of the Indulgence , upon a meer supposal , that it floweth from the Supremacy , having seen and manifested , what a real relation it hath thereunto , and dependance thereupon . ( 2 , ) Nor is its being a native result and proper effect of that iniquous , and usurped Supremacy , the onely ground whereupon we go , in condemning the acceptance thereof , there being many other Heads of arguments adduced against it , and such as prove it unlawful , as it was circumstantiat , though wholly abstracted from all Consideration of the Supremacy , yea and though granted and enjoined by a Church-Judicatory ; and though the Magistrate , in granting of it had expresly said , that he did not grant it by vertue of the Supremacy . ( 3. Yet I shall say further , That the Command to preach simply , and without Limitations , Restrictions , or sinful Conditions , cannot properly be said to flow from , nor to have such a dependance upon that Usurped Supremacy , as this Indulgence hath : For , to command Ministers to do their duty , in preaching of the Gospel , according to the command of God , belongeth to the power , which God hath granted to the Magistrates ; and so , natively floweth from his Office : But to set down Limitations , Restrictions and Conditions , regulating the exercise of the Ministrie , doth not so flow ; and when ●hey are such , as are opposite to the Rules of Christ , it must of necessity be by vertue of an Usurped and abused power : Whence it is apparent , that this Indulgence , containing such Limitations , Restrictions and Conditions , doth not , neither can natively flow from the Office of a Christian Magistrate , nor is an act of Lawful Magistratical Power ; as all will confess , who are not taught in Erastus's school . Therefore , though in the case of simple preaching , the injunction ushered-in with an express mention of the Supremacy , as its ground and rise , would be but a ridiculous scar-crow ; yet in this other case ( which is the case of the Indulgence ) it would be an open spreading of the net in the sight of the bird , & more than a sufficient warning for wise men to beware ( 4. ) Though a Command to preach , according to the Rules of Christ ; cannot be accounted to flow from this corrupt Supremacy , even though the Magistrate shall say so much , in plaine termes ; Yet a command to preach in this place , and not in another place , and to preach so and so , according to such Limitations , Rules and Prescriptions , and according to no other ( as it is in the case of the Indulgence ) may be said to flow natively from the corrupt Supremacy , even though the Magistrate should say in express termes , that it did not ; because it is done by an Usurped Power , viz. a power of judging Ministers Qualifications , of Ministerially sending them , of Regulating them in the exercise thereof &c. All which belong properly to the power of Church-●udicatories ; not to mention the spoiling of the people of their power of free Election . Therefore preaching , when simply commanded , cannot be condemned , even though the Magistrate should affirme , that the command is given by vertue of his Supremacy ; when the accepting of the Indulgence cannot be justified , though in the granting of it no mention was made of the Supremacy ; much less , if this were expresly prefixed . ( 5. ) The visible ends of Magistrates giving forth of commands , which may be knowne by several Circumstances , may do much to cleare and determine Christians , to obey , or not obey , and so a command , materially the same , may in some cases be obeyed , in some cases not . So that , when the Magistrate , manifesting his Intention to root-out the Gospel , shall command all Ministers by vertue of an Usurped Supremacy , to preach the Gospel , the material command may be obeyed , and yet the Magistrate frustrate of his Intentions : But when he commandeth a few , and onely a few , by vertue of his Supremacy , to preach here or there , as he pleaseth ; and upon such and such termes , as he is pleased to prescribe , and under such and such Limitations and Restrictions , as he is pleased to enjoyn , to the manifest hurt and detriment of the Kingdom of Christ , he is to be disobeyed , and frustrated of his pernicious ends . Whence we see , how different the cases are . ( 6. ) When the thing enjoined , and that expresly by vertue of the Supremacy , is not only Lawful , but Necessary by vertue of a command of God , as is the simple preaching of the Gospel ; the prefixing of the express mention of the Supremacy cannot alter the Nature of the duty , nor be any ground of laying aside the duty so injoyned . But when the thing injoyned is not only not necessary , but , as circumstantiat , is not Expedient nor Lawful , then the expressing of the Supremacy , as the ground of the command , is to be noticed , and may ex super abundante deterre from Obedience : Now this is the case of the Indulgence , as is cleared above . ( 7. ) If that supposed command of preaching the Gospel came forth to Ministers , already setled in their Ministrie , the mention of the Supremacie might be sufficiently delete , by a Protestation or Declaration of their preaching , and purposing to continue in preaching by vertue of Christ's Supremacy ; & silence as to this , I judge , would be dangerous : But if this command were given to such , who had been by violence ejected , and put from their work , and detained therefrom , until they should thus acknowledge the unlawful Supremacy of the Magistrate , I suppose there might be ground here for a demurre . Obj. 7. It seemeth then , you would not be for Ministers returning to their own Charges . if the Magistrat should grant such an Order or Permission ? Ans. ( 1. ) Either this Order or Permission would be granted with an expresse mentioning of the Supremacy , as its ground , or not : If the Supremacy be laid down as the ground , and nothing else in the circumstances be observable , to creat a scruple ; I judge it necessary , that even in that case a plaine and positive Protestation against that Supremacy be given in , that it might appear , they would not so much as seem to homologate that sinful Usurpation . ( 2. ) If no mention were made of the Supremacy , but only a simple permission granted to returne each to their own Charges ; than this liberty would either be granted to all without exception of any , or onely to some : If onely to some , I must needs say , that as matters now stand , I should think it should not be accepted , even though freed of many other clogs ; and that because , the wicked designe of further dividing the honest party , should hereby be made manifest and obvious , contrare to our Covenants ; and hereby , though the Persons themselves should be freed of trouble , and the Particular Congregations might receive some advantage , if withal freed of the Curats ; yet the publick good of the Church , which is preferable to any particular good , should be prejudged ; & the Rulers should be also confirmed in their Usurpations & Encroachments ; which by all meanes should be guarded against . ( 3. ) If this liberty were granted to all , then it would either be granted with a confinement to these bounds , or without it ; if the former were said , then the designe would be obvious , to stop the free course of the Gospel , and to prejudge other places of the Land of the benefite thereof ; ( for ●hough all the outted Ministers , now on life , were restored to their former Charges , many places would remaine void of faithful Pastors ) Now this should be guarded against , & that the more carefully at this time , when by Reason of the prevailing course of Apostasie , so great a part of the Land hath been drowned in Ignorance , and led away with a prejudice against the work of God : For every Minister of the Church of Scotland is bound before God , to do what in him lyeth to remedie this evil . If any should say , what can be more required of a Minister , at any time , than to be faithful in his particular station ; seing he hath no oversight over the whole Church , and he is not to carry , as an Apostle . I Answere , Every Minister hath a p●ior relation to the Church universal , and a neer relation to the particular National Church , whereof he is a Member ; and this Relation is antecedent to his relation to a particular flock , in order of Nature . And as in a Church well ordered and consti●uted , the edification of the whole requireth , that each Minister be particularly fixed , in the ordinary exercise of his Ministrie , to a particular Charge , with a capacitie to officiat elsewhere , as providence calleth : But in a time of general corruption , the edification of the whole body requireth , that Ministers ( when few ) be not restricted or limited to particular places , to the manifest and inevitable prejudice of the whole , or of the major part of the Church . Seing then providence hath n●w loosed these Ministers from the actual exercise of their Ministrie , in their respective paroches ; I think they are called to consider , how and on what termes they b●come fixed againe ; especially to see that their fixing be not to the undeniable prejudice of the Church National , and be not a virtual denying of their relation to the 〈◊〉 . Further , by this confinement they should be out of all capacitie to meet together for the exercise of discipline in Presbyteries and Synods , conforme to our p●inciples ; as also to ordaine a succeeding Ministery , and to provide for other vacan● places , which this time calleth for ; as also they should be out of a capacity to help others at Communions , according to our laudable custome , and to preachto such as are under Soul murderers , and Traitours to Christ and his Interest , in this day of de●ection . ( 4 ) If it be without this Confinement , then it will either be with some one or other of the Prescriptions , Rules , Instructions , and Conditions , with which the present Indulgence is clogged ; or not : If it be , then the same reasons that militat against the present Indulgence , upon that account , will equally militate against this . 5. If it should be free of all these entanglements and grounds of scrupling , I leave it to Christian prudence to consider ; Whether , as matters now stand , the Lord be not rather calling them to preach his name on the mountaines , seeing this way hath been so signally blessed of the Lord , and is daily more countenanced of him , than their labouring in their respective Particular Charges usually hath been ; and seing it is undeniable , that the Adversaries are not as yet really repenting of their opposition to the work of God ; and therefore , that any such permission ( if granted ) could not be supposed to flow from any love to the Prosperous progress of the Gospel ; but rather from the contrary , as is clear in the Indulgence already granted ; and to flow from a purpose to entangle and ensnare , yea and endanger both Soul and Body ; if not from a purpose , or designe to destroy all at once . Obj. 8. The benefite of freedome and liberty of preaching the Gospel , is so great , and the duty is so lawful and necessary , and of so great import to souls , that many things may be warrantably comported with , in order to the obtaining of it . Ans. I willingly grant the lawfulness and necessity of this important duty of preaching the Gospel : But I see not the strength of this Argument ; for the Gospel was never in bondes , except by our timorousness and sinful relinquishing of duty , because of a supposed Lion in the way . The Gospel might still have been preached , with no greater Inconvenience , than it was by the Apostles and others in the primitive times , and possibly with much more success , than it hath been done by the Indulgence . And every one may see , that the Indulgence was granted by such , as did not designe the Gospels advancement , but the imprisoning of the same rather with the preachers there of , both by confineing the Persons Indulged , and by hindering , so far as they could , the remarkable progress of the Gospel , in the blessed Assemblies , in Fields and Houses . This objection then can have no force , seing the Gospel was and might s●ill have been preached , without this Indulgence , though it is true , with less ease , peace , and quietness to the preachers and hearers ; yet , I am sure , with more inward quietness of mind , and acceptance with God , and with more ground of hope of a rich blessing to follow their paines , as experience hath proven : Unless it be said , that the Gospel should not have been preached , without freedom and liberty granted by the Magistrat ; and if this be said , not only shal all those , who have preached at Conventicles ( as they are called ) be condemned ; but even Christ himself and his Apostles , who preached to few Assemblies , but such as might have been called Conventicles , shall be condemned also . Obj. 9. The outed Ministers having hitherto groaned under Edicts , which they no otherwayes acknowledged , than by a submission purely passive , the present licence , abstracted from its offensive circumstances , is such a relaxation , that if onely limited to its rigide measures by casual impossibility , it would not be rejected . Wherefore unless it be proven , that the use-making of this favour doth Homologate with these exorbitancies , the rest is nothing material . Ans. The outted Ministers groaning under , and no otherwayes acknowledging than by submission purely passive such Edicts , as respected their Persons and Estates firstly , and Principally , can say nothing for an active submission unto such Edicts , as more neerly relate to their Office and Function ; or for acknowledgment of such Edicts , as are made and emitted by such , as act from a Principle of Usurpation , and in order to the strengthening of themselves in the same ; seing the difference is vast betwixt an Active and a Passive Submission ; and an acknowledgement herein , by an Active Submission , contributeth to the iniquous ends , proposed by the Supremacy , which is sufficiently confirmed by the Magistrat's projecting , in this offer made and accepted , his further Establishment in the Usurpation . ( 2. ) Hence we see , that this Licence , ( as it is called ) if not abstracted from its offensive circumstances , will be granted to be such a Relaxation , that though limited to its rigide measures , even by a casual impossibility , could hardly be accepted : And though in our imaginations , we may abstract Actions from their offensive circumstances ; yet in point of Practice of moral Actions , such abstractions cannot be made , as will salve Conscience ; seing it is confessed , that the morality of Actions doth much depend upon circumstances . ( 3. ) Though a licence so abstracted , and limited to its rigide measures by a casual impossibility , may be accepted : Yet , a licence , which cannot be abstracted from all its offensive circumstances , ought to be rejected . And though a Relaxation , made rigide by casual Impossibility , may be accepted ; yet that will say nothing in our case , where no casual Impossibility , but a moral transgression , cometh in consideration . A casual impossibility is such a restraint , as may quiet the Conscience , if so be it be not caused or occasioned by our sin ; but such hath no place here . ( 4. ) How the accepting of the Indulgence doth homologate with these exorbitancies , hath been seen above . Obj. 10. The Rulers did not assigne the Ministers to particular Charges by express Deputation , but only appointed them to repaire to the Paroches designed , permitting and allowing them there to preach and exerce the other functions of the Ministrie . Answ. We saw above , that by the Indulgence , there was an express Deputation , and a particular assignment , and a plaine warrant and licence granted . Hereby it would seem that none of these Indulged do look upon themselves , as proper Pastors of those places ; and so can take no Pastoral Charge of them : And if so , they cannot be offended , if the People owne them not as Pastors , but go and hear others , according to conveniency , and look upon them , as such , as are allowed to preach by the Magistrate , without molestation ; but not as having any Pastoral Charge over them ; and yet forsooth they must enjoy the maintainance of a Lawful Pastor : Which things cannot well hang together . Obj. 11. Though to yeeld to the Magistrat , onely appointing as in the Act , would be a sinful compliance , in a setled enjoyment of our Liberty ; yet after the ruineing overthrow , given to all Church her Liberties , the acceptance of something , in effect a Relaxation , however sinful upon the Granters Part ; yet on our part not burdened with sinful Conditions , cannot be condemned ; for the real Opposition of things and determination of events set the periods , according to which , that , which in the beginning of an evil Course , may be duty , in its prevailing and establishment , through change of circumstances , whereon its morality depends , may be impertinent . Answer ( 1. ) Though I yeeld , that a change of events may , in some cases , call us to the use of other meanes , more effectual , as matters then stand , for gaining our point , or for keeping our Rights : Yet to assert in general , that the Determination of events setteth the periods to moral Duties , seemeth to me dangerous , especially in our case , wherein the contest is not for our own Rights , Privileges , or Advantages ; but for the Prerogatives of our Masters Crown , and the just Privileges of our Mother , the Church , wherein we have no liberty to come and go , as in our own Particulars . ( 2. ) It is then confessed , that the Rulers , by this Indulgence , have made an Encroachment upon the Liberties of the Church ; and that to yeeld unto this appointment had been a sinful compliance formerly , when the Church was in possession of her Liberties , even though the Appointment had not been so burdened with sinful Conditions , as now : Hence we also see , that even this Usurpation is inconsistent with the Churches Liberty , and that it is no maintainance of this to yeeld to the Usurpation . ( 3. ) Then it must be said , that all our former Engagements , to maintaine the Prerogatives of Christs Crown , and the Privileges of the Church , are now so far annulled , by the overthrow given to both by the Rulers , that we may freely comply with them in that , which formerly had been a betraying of all : This , I confess , would open a door to a large compliance . When a ruineing overthrow was given to our Civil Rights and Government , by an Invading Enemie , the very acceptance of what in effect might have been accounted a Relaxation , was by men accounted a treasonable Compliance , and accordingly punished , at the Kings return ; and shal we carry thus in sublunary things , which are both alterable in themselves , and under mens Power ; and yet be less Zealous and more Indifferent , in the Matters of Christ , which as Christians we are obliged to owne ; and by the Supervenient Obligation of Vowes , Oaths and Covenants engaged to maintaine , as well against Erastians , as against Papists , Prelates and Malignants ? ( 3. ) This Assertion will condemne the Zeal of our Forefathers , as not being according to knowledge , nor morally good , according to the change of circumstances , and periods , set by the determination of Events . Yea if this be a fixed Rule , that such a change of circumstances will make it impertinent , yea and sinful for us to refuse to do that , which , while matters were entire , had been a sinful compliance ; how much more will it make it impertinent and unlawful for us to endeavoure a change : For if it alloweth a compliance , which in so far confirmeth the Usurper , in his unjust Possession , after the ruineing overthrow given , it will certainely not allow of any Opposition . ( 4. ) I grant , when a Robber hath spoiled us , we may lawfully take part againe , rather than lose all ; or when an Invader overrunneth the land , and spoileth us of all our former Privileges , we may receive some againe , though when matters were entire , it had been a compliance to have done so : But that will not answere our case ; because we have more Power over our own Particulars , than overChrists Matters : we may in some cases voluntarily give all our own away ; but we cannot do so , in the Matters of Christ , and of His Church : And therefore , what at any time would be a sinful compliance , or an unlawful giving away of Christs , and the Churches Rights , cannot be lawful , even after the Enemie hath overthrown all . ( 5. ) I grant likewise , that after an Universal overthrow of the Privileges of the Church ; we may lawfully accept of little , when more cannot be had ; yet that little must be such , as was not unlawful , at any time , to be accepted of ; and we must accept of it , in another manner , than could ever have been accounted a sinful compliance . ( 6. ) Though what is said in the Objection might have some weight , when that thing can be had no other way , than such , as would formerly have been accounted a compliance : Yet it can have no weight , in the case of the Indulgence ; because liberty to preach ( which is here called a Relaxation ) may be had without this appointment of the Rulers , and that with no less countenance , and approbation of God : So that in the Accepting of the Indulgence , there is a needless compliance with the Usurper , and an unnecessary confirming of him in his wicked Usurpations . Obj. 12. That , which in the case of standing Liberty , would be an insufferable Imposition , and its refusal , duty , may , as it is from God , in the case of lost Liberty , be looked upon , as a little reviving in our bondage , and embraced with a sinless Submission ; and he , who thus humbly and sincerely layeth hold on it , may be very assured of the Lords Approbation therein . Answ. When a people have been following their Duty , in defence of their Lands and Liberty , and are in Providence broken by an Enemie ; their Posterity , or even they themselves , may willingly submit to , and lay hold on that , which formerly had been an insufferable Imposition , and might have been justly refused ; but then they must have had no sinful hand , in the loseing of their Liberty , otherwise it shal be but a continued compliance ; and we must suppose , that they are now out of case to owne and contend for their Liberty . Which holdeth not , as to the Indulgence ; for as there was a sinful cedeing at the first , in not resisting unto bloud , striving against these Usurpers , by Protestations , Declarations and other Meanes called for , in the like case , whereby this acceptance becometh but a continued compliance , on the matter , in the same Persons : So the manifold Obligations we are under , binde unto a constant and perpetual contending for the Prerogatives of our Prince , and the Privileges of his Church , against all the Enemies thereof : And no case of lost liberty will warrant us , to submit , or accept of that , which formerly we were bound to have refused , and to have looked upon , as an insufferable Imposition . What may be said of the Posterity , born and brought up under that loss of Liberty , cannot advantage us in this Generation , who , when we can do no more , are obliged to transmit the Controversie of Zion , and the Cause , as in foro contradictorio , to the Posterity ; that they may see the Cause , though not prevalent , yet not quite sold and given up ; and so may serve themselves heirs to our Contendings for the Interest of our Lord. And for this cause , ought we to be tenacious of these Rights , and do nothing that may strengthen our Adversares , and weaken our Cause : and this , I suppose , would yeeld more peace , than the accepting of that , which is called a little reviving , but indeed is a weakning both of the Cause , and of our Party . It is laudable Constancy , in this Case , not to yeeld or grant one hoof : But what pusillanimity , yea and treachery will it be , by cedeing and accepting of such supposed revivings , to put ourselves and our Posterity out of all case to recover our Liberty , and to burie with our own hands the very memorie of the good old Cause , for which our Predecessours , and we sometime , have contended with Zeal and Earnestness ; especially when , we may have the same thing , which is called a reviving in our bondage , another way , with Approbation of God , with less Scandal to others , with more Advantage to the Cause , and less Advantage to the Enemie , though with more trouble and less quiet to our selves ? Obj. 13. Though the Magistrats principal Designe , in this matter , be the Establishment of his own Supremacie : Yet the accepting of this favour cannot be so much as an Interpretative yeelding thereunto , as may be clear by this Supposition , that the Magistrate , without any change of Principle or Designe , had ordered all Ministers to their own Churches . Answ. ( 1. ) This being confessedly the Magistrat's principal Designe , in granting this supposed favour , our acceptance cannot but be accounted by him a reall contributing of all , that is required of us , thereunto ; and as it was circumstantiat , could not but be , on our part , even because of what the Magistrat did rationally account to be unto him , a virtual acknowledgment , and a reall Confirmation thereof . ( 2. ) If the sending of the Ministers to their own Congregations , had been by a Civil annulling of the former Sentence of Banishment , as it could not have flowed from the Supremacy ; so neither could it have contributed unto his Usurpation : But if the sending of them to their own Charges had been every way , after the manner of this Indulgence , it would not have altered the case to me ; for as I said above , his re-entrie to his Former Charge , after this manner , would have been a virtual annulling of the Ground of his Former Call , and Interest in that place , and over that People , and not a returning with full Freedome and Liberty . Obj. 14. The Magistrat proposing this Indulgence by way of Command , not attending my pleasure , my obedience to the Command cannot imply an engagement to the Prescriptions annexed ; nor doth the Magistrat discover the least Intention , to oblige me thereunto by consent ; nor is in this matter treating with us , expecting our formal consent for his security ; and therefore I may accept the favour , without the prescriptions , there being no formal Compact here . Answ. ( 1. ) Though the Indulgence be propounded by way of Command , the Council thinking it below them to Act otherwayes : Yet both the Nature of the thing , and the concomitant Acts , made of purpose , to Limite , Restrict and Qualifie the thing proposed , and to Instruct and Oblige the receiver , saith , that the accepting of the First doth virtually engage to the Second , both making up one complex grant , or one Indulgence so qualified , limited & cautioned . ( 2. ) Though the Councel did not call for any formal and express engagement from them , unto the performance of these Injunctions ; yet their carriage towards Mr. Blair , upon hisPositive renounceing of these Injunctions , sheweth , that they meant these Injunctions for Conditions ; & this also they expresly declared in their after Proclamations & Edicts , as we saw above . ( 3. ) Who accepteth a favour , offered with its burdens , must accept it cum onere , howbeit the offerer , being a Superiour , doth not expresly require an explicite Consent , but resteth satisfied with his own Intimation : As when a Father granteth to one of his Children such a portion of Land , and withall ●ntimateth , that it is his will and pleasure , that he take on him the burden of so much d●●t ; though the Son should not be required to express his consent to the Condition of the Debt ; yet his accepting of the benefite thus burthened , obligeth him to take on the Debt : So here , because Mr. Blair did disowne the Conditions , though his formal Consent was not required , he was denuded of the Benefite ; and therefore the rest took the Benefite with its burden ; and could not , while accepting the favour , account themselves free of the Conditions , or not-obliged to performe them , seing in accepting the one , they accepted the other , both making up one complex business . Wherefore , though this Indulgence be given by Magistrates , who love to act imperiously , and by way of Edict ; yet it being granted as a favour , the accepting of it , both as to the thing it self , and as to the sense and meaning of the Granters , includeth a virtual engagement to the Observation of the Rules and Conditions annexed . Obj. 15. Although the Magistrate had expresly prefaced his Supremacy unto the grant of this licence ; yet a Protestation on the accepters part against the same , would sufficiently have purged their use-making of the favour , of all sinful concurrence . Answ. ( 1. ) Though this were granted ( which yet cannot be ) yet it cannot avail the accepters , who made no Protestation . ( 2. ) Though no mention was made of the Supremacie ; yet the accepting was so foule , upon many other accounts , that no Protestation against the Supremacie , if mentioned , could have salved the matter , as we saw above ; and their after acceptance would but contradict their Protestation . Obj. 16. Though the Magistrat hath carried his Supremacy above the highest , yet he never judged the power of Order worth the assuming ; so that the allowing to preach mentioned in the Act , joined to permitting , and directed to none but to Ministers , antecedently ordained , cannot be a just ground of scruple . If the Magistrat had simply appointed every other Minister to his own Church , allowing him there to preach , to have offended at the word allowing , would have been an excessive niceness . Ans. Though the Magistrat never judged the power of Order ( strictly so called ) worth the assuming ; yet it may be thought , that he judged that power worth the assuming , whereby the Authority of the Ministrie , and the Exercise thereof , should be looked upon as flowing , and as derived from him : And Ministers were , I think , called to be careful and circumspect , lest by doing and accepting of any thing , they might interpretatively and virtually acknowledge and consent to this Power . ( 2. ) Though this allowance was granted to such , as had been ordained Ministers before , yet the same , flowing from the Supremacy , and being more than a meer permission , could not but import their deriving of a power to exercise the function , in such a place , from him ; and so prove a most just and weighty ground of scruple . ( 3. ) Nor will the supposition of his sending every Minister to his Church , wholly take away the scruple ; for his simple annulling of the prior Act at Glasgow , would have been sufficient for that end ; but when , instead of this , he not only did say , he permitted them to preach againe to their former flocks ; but also that he allowed them , and that after he had invaded the Throne of Christ , and assumed to himself the Fountaine of all Church power ; so that both as to the exercise of the Ministrie , and as to the exercise of it in such a place , they should depend on him , I think there should have some ground of scruple remained : For might it not be thought , that by their ready acceptance , without a previous , full , faithful , plaine and publick Declaration and Protestation , they had now derived their power from another Head , than formerly , and stood now upon some other new ground ? And in this case , I should think , that offending at the word , allowing , were the kindly work of a tender Conscience , zealous for the Glory and Interests of Christ , and careful of the credite of the Ministrie ; and no excessive niceness . Obj. 17. The Ministers Indulged do above all things owne their Masters Ordination , as the only proper foundation , whereupon the exercise of their Ministrie , by the permission of this licence , doth subsist . All the regarde they have to the Magistrats allowance , is , that they look upon it , as the removal , de facto , of his unjust restraints , hitherto Invincible . And neither by forme of acceptance , nor by engagement , do they in any sort acknowledge any of the Magistrats wrongs ; but are ready by a plaine declaration to purge themselves , even of the suspicion of a simple acquiescence . Ans. ( 1. ) I shall willingly yeeld , that the Persons concerned do owne their Ordination ; yet we must distinguish the Intention of the work , and the Intention of the worker ; though they may have no Intention of invalidating their prior Ordination ; yet their accepting of the Indulgence may virtually include this ; and so their Practice may contradict their Principles . ( 2. ) Their Masters Mission is onely their proper , sure and solide Foundation , whereupon the exercise of their Ministrie should subsist ; but is it not manifest , that the accepting of the Indulgence doth virtually say , that as to the Ministrie they depend upon the allowance of Men ; yea of those , who assume to themselves an Headshipe over the Church , and a Fountaine-power , from which this Exercise must natively flow , and be derived . ( 3. ) These restraints of preaching the Gospel were not invincible Physically , nor Moraly : Neither were any such restraints , as such , formally removed , nor a pure permission granted . But the Indulgence contained an Authoritative Enjoining and Warranding , as also a Qualifying , Restricting , and Regulating the exercise of the Ministrie ; and all this in prosecution and confirmation of an Usurped Supremacie ; and this was a far other thing , than a removal de facto of a former restraint . Now their Subjection unto this Incroachment , testified by their accepting of the Indulgence , so conveyed , is much more , than the acceptance of the benefite of a bare Permission : And all know , that they might have exercised their Ministerie , without this Indulgence , to the Glory of God , the Edification of the Body , the Confirmation of the Principles of Truth , concerning the Ministrie , the Defeating of the corrupt Erastian Designes of the injuriously incroaching Magistrates , and to the offence and scandal of no Person . ( 4. ) Though they do not expresly and in terminis acknowledge any of these Wrongs ; yet , by their accepting of the Indulgence , so conveyed , as is said , they may virtually and upon the matter acknowledge this : and their plaine Declaration to purge themselves , will be but a contradiction to , and a condemnation of their own deed , because the Imposer can only put a sense and gloss upon his own Injunctions ; and the granter of a warrand and favour , on the same ; and in his sense it is , at least virtually , accepted by all , who accept of it , if plaine dealing be owned ; and I suppose Ministers , while dealing with the Council , should not walk upon fallacies , or mental reserves , or on what is equivalent . Obj. 18. The accepting of the Indulgence did Import no subjecting of the Ministrie to mens arbitrary Disposal , but only a subjecting of the persons , or rather an acknowledgment , that the persons are already in subjection , which by our long silence & sufferings is too apparent : But if we have hitherto thus contentedly acknowledged this , to the restraint of our Ministrie , shall we now be so unhappy , as to wrangle about it , in prejudice of a relaxation ? Ans. ( 1. ) The act of Indulgence did not only mention Ministers repairing to such or such places ; but spoke likewise of the exercise of their Ministrie , which it allowed them , and for which prescribed several Rules and Injunctions , limiting and regulating them , in the same ; & though this did comprehend a subjection of their persons also ; yet it is by vertue of a prior Subjection of their Ministrie , as being made liable to punishment for not-observing the Rules and Injunctions prescribed . ( 2. ) These sufferings indeed declared a subjection of their persons ; but their silence shall be found ( I feare ) to have done more ; And their former sin can be no ground to justifie their prese●t practice , in accepting of this Indulgence , which instead of being a relaxation , is a further wreething of the yoke about our necks . A Vindication of such , as scruple to hear and owne the Indulged . Considering what is said above , both in the Relation , and in the Reasons against the accepting of the Indulgence , whereby the manifold iniquity thereof is manifested , it might seem wholly unnecessary and superfluous to vindicat such , as , beginning to discover the evil thereof , do scruple to look upon those , who are set over them by the Council , as their Ministers , set over them by the Holy Ghost ; seing it may rather seem strange , that any , who adhere to our former Principles , are of another judgement ; and that Conscientious Persons did not from the beginning withdraw from them Yet for satisfaction to all ( so far as is possible ) the grounds of our Vindication of such shall be proposed , in a few questions . Only it would be premitted , in what sense we take the question : And therefore . ( 1. ) I do not make this the question . Whether or not these Indulged Ministers , are true Ministers of the Gospel , or ought , in any case , to be acknowledged , & looked upon as such ; for in order to our Vindication of such , who withdraw from them , it is not necessary to assert this ; for in order to the Vindication of such , as withdraw from the Prelates Curates , as we do not , so we use not to say , That they are not Ministers , knowing that by saying this , we are engaged consequently to say , that all the Children , whom they have baptized , are yet unbaptized ; and that all their Ministerial Acts are null . Nor ( 2. ) Shall I make this the question : Is it not simply unlawful to hear them ? For in order to Vindicat the withdrawers from the Curates , we need not assert this , knowing that much more is required to make an action simply sinful , than to make it inexpedient , or unlawful ; and if it were granted , that the hearing or owning of the Indulged , as matters now stand , were unlawful , or inexpedient , the With-drawers would be sufficiently vindicated . Nor ( 3. ) Do I propose this question , whether or not , they may lawfully be heard , at any time , or in any circumstances ; as for example , if there were no other to be heard , in all Scotland ? For I judge , if no other were to be heard in all Scotland , except the Prelates Curats , many would not scruple to hear such of them , as were not openly flagicious and profane , or notoriously ignorant ; who , as matters now stand , do , and that with Approbation . ( 4. ) I do not think , that such , as are against this withdrawing , will say , that it is necessary , that these Indulged be heard and countenanced , at all times and occasions ; and that never , or in no case , such , as are under them , may go and hear others ; seing this was alwayes allowed and permitted , in our best times . But I shall simply propose the Question thus . Whether may not people lawfully , as the case now standeth , withdraw from those Indulged , whom the Council hath set over them by the Indulgence ; or are they to owne them , and submit unto them , as over them in the Lord , and as set over them , to be their Pastors and Overseers , by the Holy Ghost ; even when there are others , against whom such Exceptions cannot be made , as against them , and whom the Lord doth own and countenance in a remarkable and wonderful manner , to be heard ? Or , whether are such to be condemned , or approven and vindicated , who look upon themselves , as called of God to bear witness against all the sinful Usurpations , manifest in the Indulgence ; and the many evils , in the accepting of it , and in the now acting by vertue thereof , by withdrawing from such , that they may hear and countenance others , who preach upon Christs Call , and not according to Mans Order , but contrary thereto ? This being the Question , one might think it strange , that there should be any necessity to Vindicate such , as now withdraw , considering what is said above : Yet in Order hereunto , I shall but , in a few words , propose these following Questions , to the Consideration of any , who are of another judgment , in this matter , As. 1. Seing by what is said under our First Head of Arguments , it is manifest , that the Indulged , in and by the accepting of the Indulgence , have wronged our Lord Jesus Christ , who is only Head of the Church , and King in Zion ; and that in Nine several Particulars : ( every one of which might be made use of , as a several Argument , to our present purpose . ) How can any blame such , as , out of tenderness to the Royal Prerogatives of Jesus Christ , scruple to owne , and hear them , as formerly ? 2. Seing by the accepting of this Indulgence , the Indulged have receded from our Presbyterian Principles , and wronged the Interest and Privileges of the Church , which Christ , her only King , hath granted to her ; and that in five several Particulars , ( out of which particular Arguments might be framed severally ) as is clear by what is said under our 2 Head of Arguments . How unreasonable is it to condemne such , as , out of a tender care to adhere to their Presbyterian Principles , dat not owne and hear such , as formerly ? 3. Seing in Ten Particulars , mentioned under our 3. Head of Arguments , it is made manifest , that the Indulged , by accepting of the Indulgence , have , upon the matter , homologated the wicked Supreamacy , in Church-affairs , whereby our Lord is virtually dethroned , and His Church utterly robbed of her Spiritual Power and Privileges : How can we condemne such , who , in detestation of that Supreamacy , and Usurped Power , withdraw from them ? 4. Seing by our Principles , the Free Election and Call of the People , giveth ground to the relation , that a Pastor hath to a Flock , as his Charge , and is the way , how the Holy Ghost setteth men over Flocks , in ordinary : How can these be obliged to owne such for their Pastors , whom they never called , nor had freedom freely to Elect and Call ? And this is the case of not a few , yea in reality the case of all , who had others , than such , as had been their Pastors before , set over them ; for as for that image of a call , we have said enough above , and particularly , under our 4. Head of Arguments , to shew that it was of no force , and imported rather a prostituting of that Ordinance and Institution , to be subservient to the corrupt Designes of men , than savoured of true tenderness unto the Ordinance of Christ ; which should have led the way , in an orderly settlement , and not have been trailed at the heels of the Councels Order , with which in all Common Sense , it was incompatible , except by way of acknowledging and homologating the Councils Usurpation . 5. Seing as is clear from the Seven Particulars , mentioned under our 5. Head of Arguments , the Indulged , in their accepting of the Indulgence , have fortified and established Erastianisme , and Erastian Tenets ; how shall we condemne such , as withdraw from them , and rather hear and owne such , as adhere by their practice to former Principles ? 6. When we consider the Twelve Particulars , mentioned under our 6. Head of Arguments , ( several of which might be here made use of , as Distinct Arguments , if we designed not brevity ) whereby it was made manifest , how the Indulged , in accepting of the Indulgence , have acted to the great prejudice of the Church ; how can we imagine , that such are to be condemned , who withdraw from them , and countenance such , as are seeking and promoving its good , in the way , countenanced and approven of God ? 7. If we impartially consider the Twelve Particulars , mentioned under our 7. Head of Arguments , ( several of which also might be adduced here , as distinct Arguments ) whereby it appeared , how these Indulged , in their accepting of the Indulgence , have wronged our Cause , and departed from the grounds , upon which our Church is suffering ; we will see cause of approving such , as withdraw from them , as matters now stand . 8. Seing by what is said , it is manifest , that the Entrie of the Indulged unto their present Places , and Stations , is not consonant , but repugnant to our Former Doctrine , Principles and Practices , owned since the Reformation , and confirmed by our Oathes , Vowes , Covenants and Solemne Engagments ; besides the Testimonies given thereunto by the Sufferings of our Predecessours , and by our own Sufferings ; can we blame and condemne such , who dar not owne them , as lawfully entered into these places ? 9. Seing the Indulged have , by the accepting of the Indulgence , and acting by vertue thereof , in so far , departed from Former Principles and Practices ; and a difference ought to be put betwixt them , and other Ministers , who , through grace , have hithertill been preserved from stepping aside , whether to Prelacy , or to Erastianisme , in their Practices ; who can condemne such , as withdraw from the one , and adhere to the other ? 10. Is there not a great difference betwixt the ground , whereupon the Indulged do presently exercise their Ministerie ; and the ground whereupon formerly , before they embraced the Indulgence , they did , and others to this day do , exercise it ? Or shall we say , that it is all one , whether Ministers have the Ministerial Potestative Mission unto such or such places , over which they are set , from Presbyteries , authorized thereunto by Christ , which sometimes they had ; or have it from the Magistrat , no wayes thereunto authorized by Christ ; as now they have it only ? And if there be a difference , how can any condemne those , who cannot now owne them , as they did formerly ? 11. Seing the difference betwixt these two wayes mentioned , is great , and seing they cannot be compounded in one , nor lawfully made subordinat , the one to the other ; is it not undeniable , that these Indulged , betaking themselves now to the Magistrat's Mission , as they have done , have upon the matter , renounced their former Mission , which they had from Presbyteries , acting Ministerially under Christ ? And if so , can people be condemned , who do not , nor cannot , owne , and countenance them , as formerly they did ? 12. It being apparent from what is said above , on several occasions , that , as the Indulged did deliberatly shun to say , that they had their Ministrie onely of Christ , so they do now Act and Exerce the same , as receiving it not alone from Christ , by the Ministerial Conveyance of the Power and Authority to exerce it , which Christ hath ordained ; but either as receiving it from the Magistrat alone ; ( and if so , they cannot be looked upon as Christ's Servants , but as the Magistrat's Servants ; ) or from Christ and the Magistrat , as Collateral Heads and Fountains of Church-power ; ( but thus to speak were blasphemie ; ) or from the Magistrate , as directly subordinat to Christ ; ( which is the ground of all Arminian-Erastianisme ) How can Men be accounted transgressours , who in Conscience cannot owne them , as formerly they did , when they acted and exercised their Ministrie as receiving it alone from Christ , by the Ministerial conveyance of the Power & Authority thereto , through the hands of his Servants thereunto appointed ? 13. Is there no difference to be put betwixt such , as exercise the Ministrie in subordination unto , and in a dependance upon the Council , as being their Curats , & as accountable to them ; and others , who , as they are subordinat unto , so they owne their dependance onely upon Christ , in the way He hath prescribed , receiving Instructions only from Him , in His appointed way , to regulate them , in the Exercise of their Ministrie , and hold themselves accountable only to Him , in that way ? And seing it is manifest , that there is a very great difference ; Who can condemne such as withdraw from the Indulged , who have their Instructions , to regulate them in the Exercise of the Ministrie , from the Council , ( as was manifested above , ) as accountable only to them , and to such , as they are directly subordinat unto ; that is , the King ; and not from Christ Jesus , as onely Head of the Kirk ? 14. Seing by receiving the Indulgence , with their Instructions &c. the Indulged do , upon the matter , recognosce a Supream Head-Power over the Church , and Church-affairs , in the Magistrates , to the denying of Christ's sole Headshipe , and dethroning of Him ( as hath been , on several occasions , cleared above ; ) how can such be condemned , who scruple to owne them , in that case , or to countenance them , while they act so ? 15. Seing the Indulged , being set over the people , specially designed and appointed them by the Council's order , and not in the way appointed by Christ , can not be said to be set over these people , as their Overseers , by the Holy Ghost ; ( as hath been evidenced above ; ) how can such be blamed , who cannot owne them , as their Overseers , and as made Overseers to them by the Holy Ghost ? 16. Seing we have made it manifest above , that the entrie of the Indulged hath a manifold relation unto the Usurped Supremacie , in Church-affaires ; and that , as it floweth therefrom , is secured thereby , and dependeth in its legal being therupon , as its Charter ; so it contributeth to the strengthening , securing and encouraging of the Usurpation and seing this Supremacy and Sacrilegious Usurpation of the Prerogatives Royal of our Lord Jesus , and Subversion of the Rights and Privileges of the Church , is the Top-point of all our Defection , and the Center , into which all the Lines of our Apostasie concurre and agree ; can any , who would not joyne in this defection , and have a proportionable part of the guilt , charged upon them , give countenance and approbation unto those Indulged , whose entrie is so neer a kin unto that Supremacy ? Or can any , who desire to be free of all compliance with this abominable evil , carry towards those , who are now set over them by vertue of the Supremacie , as formerly ? 17. The Supremacy now regnant , and the grand National sin , being such an evil , as all , that would be keeped free of the plagues , that the same will bring upon the Land , must , in their places and stations , bear witness against the same : And seing Common people have no other way Patent or Practicable for them , to give this plaine and honest Testimony against this hainous Usurpation , in any publick manner , but by withdrawing from such , as are set over them by vertue of this Usurped Power ; can those be condemned , who , out of Conscience of their duty , zeal to Christ's Prerogatives , Care to keep their garments unspotted with publick regnant evils ; and out of a desire to minde their duty , in this day of so general a Defection , do withdraw from the Indulged , in order to the giving of this publick Testimonie , in their Place and Station ? 18. Seing by the Particulars , mentioned under our 8. Head of Argu. it is manifest , that the accepters of this Indulgence have thereby contributed to the strengthening of the hands of Prelates and Prelacie , which all are obliged by their Covenants , to endeavour , in their Places and Stations , to exstirpat ; how can such be condemned , who withdraw from them , while standing thus in a contributing posture ? 19. As upon the one hand , the disowning of the Curats is a disowning of the Prelates and their Power ; and a countenancing of them by hearing them , and submitting to their Ministrie is accounted by all ( as indeed it is ) a countenancing of Prelacy ; is not also , upon the other hand , an owning of the Indulged , and a Submitting to them and their Ministrie , a submitting to the Supremacy ; seing ( as is above cleared and confirmed ) the Curats ( at least such as , were ordained Ministers before the re-establishment of Prelacy , and have submitted thereto ) do no more depend upon Prelacy , as to the present exercise of their Ministrie , than the Indulged do depend upon the Supremacy , or on the Rulers , acting by vertue of the Supremacy ? 20. Seing the Act of Glasgow , banishing Ministers from their own Charges , cannot dissolve the relation , that was betwixt the Ministers , and their Flocks ; how can such , as stand still related unto their former Pastors , ( which is the case of some ) accept of others , set over them by the Council , & not withall homologat the Councils deed , and declare the former relation utterly dissolved ? 21. Seing the Indulged , in accepting of the Indulgence , have in several Particulars violated our Covenant-Obligations ( as was shown in the 9 Head of Argu : ) Can any be blamed for with drawing from those , who have so entered , in this day , when God is about to plead with the Land , for a broken Covenant ? 22. If all be obliged to resist & withstand Erastianisme , by the Solemne Engagment to duties ; what less can be expected of Common People , in their privat Stations , in order to an answerable walking unto this Engagment , than a with-drawing from such , as are set over them by a Power , purely Erastian ? And can such be thought to minde their Engagment in this particular , who willingly comply with the Erastian Command and Injunction , and accept of such , as are set over them by an Erastian-Order ? 23. Seing the Indulged , in accepting of the Indulgence , have receded from our Principles , and wronged our Cause as is undeniable by the Twelve Particulars , mentioned under our 7. Head. of Arg. ) can they be justly condemned , who now withdraw from them ? 24. Seing by accepting of the Indulgence , the Indulged have highly prejudged the good of our Church ( as is manifest from the Twelve Particulars , mentioned under our 6. Head of Arg. ) How can such be condemned , who refuse to countenance them , while thus stated in and by the Indulgence ? 25. Seing , as was cleared above , the Indulgence , was devised of purpose , to annul all Field-and House-meetings ; and seing it cannot be denied , that these Field-and House-meetings , being so eminently countenanced of the Lord , are also to be countenanced of Men ; can any say , that they , over whom the Indulged are set by the Council , are not obliged to withdraw from them ; and not withall say , that they are not obliged to waite upon these blessed Meetings , though thereby the Minister and other people , should be much discouraged ? And would not this be a manifest homologating and concurring with the Council , in carrying-on of this wicked Designe ? And how can such be condemned , who withdraw from them , who have , in accepting of the Indulgence , acted so prejudicially unto these blessed Meetings , as is evidenced in our II. Head of Arguments ? 26. Seing it is undeniable , and daily experience doth confirme it , that an admirably rich blessing attendeth the laboures of such , as preach contrary to Mans Law , upon Christs sole Warrant and Allowance ; what cruelty to Souls were it to say , that they , who have none to preach to them , but such as the Council ( none of the best discerners of Ministerial Gifts , nor endued with Power from Christ for that end , to try the Qualifications of Ministers ) hath set over them , must not withdraw from these , to seek their food , where God is giving it largly , and is thereby encouraging and inviting all to come ? We would , doubtless , think this hard dealing , were we , as to our temporal food , to be kept at a set sober diet , wherein we found little nourishment , and restrained from going to fattening and strengthening feasts . If it be said , That it is the peoples fault , that they grow not more under the preaching of such , as are set over them . I need not contradict it , for strengthening of my Argument ; but only say , if the blessing be withheld at home , though justly , because of sin ; let the people go where they may finde the blessing , of Gods free grace , notwithstanding of their Provocations , as others have found it : Let them go , I say , where free grace may prevent them . Nay , I think the Indulged themselves , upon this very account , if they desire ( as I would hope they do ) the Spiritual Edification of the people , should be●eech and obtest all their People , to go unto these richly blessed Conventiclers ; and desire these Conventicles to come and choise the most convenient place , in all their bounds , for a Field-meeting , that their people might partake of the good thereof ; and this Course ( if it had been taken ) would have , I think , endeared them more unto all , that feared God ; and had ( no doubt ) prevented much of this animosity that is , as I apprehend , betwixt them , and the Field-Preachers ; for it would have defeat the Designe of the Council , and have contributed to the carrying on of the Work of the Lord. 27. Seing all Persons stand obliged by their Covenants , to maintaine the Prerogatives of Christs Crown , the Rights of the Church , and Presbyterial Government ; how can they , who would make conscience of the saids Covenants , owne such , as are set over them , not according to the Principles of Presbyterian Government , nor in compliance with the Prerogatives of Christ , nor so as the Rights of the Church are so much as pretended to be observed , but in a way rather repugnant unto all these ; as hath been manifested above ? 28. Seing many of these Indulged have a relation to their own Flocks , from which they were thrust by violence ; and it will not be said , that what the Rulers did , in that matter , did utterly annul their relation ; How can they be related as Pastors to these Congregations , over which they are set by the Council ? We do not acknowledge or justifie Pluralities . And if they have not the relation of Pastors unto these new Charges , people are not bound to carry , as their flock ; and so may lawfully withdraw , and hear others , as well as them . 29. Seing It is manifest from what is said , that the Indulged , by accepting of the Indulgence , have , upon the matter , condemned all the wrestlings of the Church of Scotland , from the very beginning of our Reformation , against the Erastian Usurpations and Encroachments of King and Court , in the Dayes of King Iames , who yet , in the height of his Usurpations , and arrogate Supremacy , never did what the Council did , in the Matter of the Indulgence ; He never took upon him , to plant and transplant Ministers by himself , or by his Council immediatly , and onely : yea and have condemned all their sufferings to bondes , banishment & bloud , for the Privileges of the Church , and the Crown-Rights of Christ , the only King in Zion ; how can people , be pressed or urged , to look on such , as their lawfully settled Ministers , and be condemned for withdrawing ? Must not the compliers with them in this , be guilty of the same sin of spitting in the faces of all our ancient witnesses ; and saying , their Sufferings were for triffles ? Do not they , who do more , than ever these were tempted to do , and that without the least hesitancy , say , that these suffered as fools ? 30. Seing the entry of the Indulged by the Councils Order is such , as hath not a Parallel , in all the Christian world , for any thing I know ; for , no where shall we finde Ministers planted in Particular Charges , and transplanted from one to another , immediatly by the Magistrate : Yea I doubt , if Ministers were thus placed , in the Palatinate , ( now laid waste and desolat , in the righteous judgment of God , ) where the hemlock of Erastianisme first grew up ; can any blame the reformed Professours of the Church of Scotland , where that weed ha●h been cast over the hedge , with a solemne Vow and Covenant , never to owne it againe , in resenting this manner of Entry , by withdrawing from those , that are set over them , in such a singular and shameful manner ? 31. Do we not make use of this Argument against the Prelates , that they are chosen , named and deputed solely by the King , notwithstanding of that mock-election , made by the Chapter of the See , which must fall upon the person , nominated by the King , or be null ? But where is the strength of it now , when we admit of lesser Bishops , immediatly nominated , deputed , and impowered by the Council , notwithstanding of that mock-call by the people , and Election of the same singular person , which was said somewhere to be had ? 32. How can any blame such , as withdraw from those , who , by entering in at the door of the Indulgence , have made way for the wreathing of an yoke upon the necks of the Ministrie of Scotland , in all time coming , to the utter subversion of all Ministerial liberty , and of the Freedom and Privilege of the Church : For , if hereafter no man shall be setled in a Church but by the King and his Council immediatly , and every Minister shall be wholly at the disposal of the King and Council , to be planted , or transplanted , as they please , where were we ? And where should our Church-liberties then be ? And whom had we to thank for breaking the ice ? 33. If the Parliament , that carried on the Engagment Anno 1648. had thrust out a number of the Ministers , and thereafter their Committee had planted them elsewhere , up and down the Land , as they pleased ; I would ask such as were Ministers , in those dayes , and were against the Engagment , or were Members of the Assembly 1649. how such Ministers , as willingly would have obeyed the Orders of the Committee of Estates , and gone thither , where they were Ordered to remaine , had been looked upon , when the Engagment to duties was drawn up ? And whether or not lesser faults in Ministers , were not punished with simple Deposition ? If then such a fault , as this , had been so abominable then , shall it be so lovely now , that none may discountenance or withdraw from such persons , as have carried so , at this time ? 34. Is it not strange , that people shall not have liberty to withdraw from those , who by their way of entry , and carriage before the Council , have given such open and manifest Scandal unto the Church of God , and unto Strangers , unto Foes and unto Friends , at home and abroad , to the Rulers , to the Prelates and their Curat 's , to Good and Bad ; yea and unto all the Churches of Christ ; and have laid such a stumbling block before all the Posteritie ; as is manifested above , in the 12. Head of Argum. ? 35. When poor people , who have been hitherto in the dark , as to the evils of this Indulgence , both as to its Ground , Rise , Conveyance , Tendency , and designed End , beginne now to get their eyes opened , and to see its connexion with , dependance upon , and confirmation of the fearful Usurpation of the Supremacy ● what a griefe of heart is it to hear persons pleading against their withdrawing from such , when they see where they are , and how they cannot countenance such , and be free of all accession to the sinful strengthening and confirming of the Encroachments already made , and to the encouraging unto a further progress unto the same evil ? 36. When there is such a combination for upholding of this evil of the Indulgence , and several ( as is reported ) banding or covenanting together , to keep the Indulgence , in credite , or at least , not so speak against it ; how can such , as are convinced of the dreadful evil thereof , not think themselves called of God , to do their best against it ? And how can any be urged to hear and countenance them , who are Indulged , when the controversie is thus stated and prosecuted , without being also urged to approve of the Indulgence , contrare to their light : 37. Seing the Indulged , by their accepting of this Indulgence , did fall from their former zeal and steadfastness , in choosing suffering rather than sin , and have , upon the matter , condemned what formerly they approved of , and have approved that , which formerly they condemned , as we saw above , in the Six Particulars , mentioned and explained in our 10. Head of Argum. How can those be now condemned , who cannot owne them , as they did formerly ? 38. Do we not say , that Countenancing and hearing of the Curats is an Homologating and a virtual approving of their sinful way of Entry ? And shall not now , the Countenancing and hearing of the Indulged , be an Homologating and a virtual approving of their sinful way of En●y ? How then can such be condemned , who , out of a desire to be kept free of this sin , dar not countenance or hear them , as formerly ? 39. I would gladly know one Argument , that can be made use of to condemne now , as matters stand , withdrawing from and refusing to hear the Indulged , that either hath not been ; or may not yet be , with equal force , made use of , to prove it unlawful to withdraw from , & to refuse to hear the Established Curats ? And seing now none dar condemne such , as withdraw from the Curats ; why shall these be condemned , who withdraw from the Indulged ? 40. When the question is now so stated , by and among the people , as that countenancing and hearing of the Indulged , is looked upon , as an approving of the Indulgence it self , the people not knowing the use and practice of Metaphysical distinctions ; how can such be urged to hear and countenance them , who , by so doing , must look upon themselves , as approving what otherwise they condemne , contrare to Rom. 14 : 22 , 23 ? Many moe Arguments , may be gathered out of the several Particulars , we mentioned above , under the several Heads of Arguments ; but we shall satisfie our selves with these , at present , leaving the Understanding Reader to make his owne use of the rest , that are not made use of here . For further satisfaction , in this matter , to such , as would have Formal Arguments , I shall only say , That by what Arguments , Principally , we vindicat the People , their withdrawing from the Curates , by the same , mutatis mutandis , by changing or adding such words , as must be changed or added , we shall be able to vindicate the people their withdrawing from the Indulged . I saw lately a Vindication of the persecuted Ministers and Professours in Scotland , written by a faithful Minister of Christ , now in Glory ; and found that the Chiefe of these Arguments , whereof he made use , to vindicate the people their withdrawing from the Curats , were applicable to the question now under debate , concerning the hearing or withdrawing from the Indulged , as I shall make appear by these Instances . His first Argument Pag. 75. was this . They , who have no just Authority , nor Right to officiat fixedly , in this Church , as the proper Pastors of it , ought not to be received , but withdrawn from . But the Prelates and their adherents the Curats ( adde , for our case , the Indulged ) have no just Authority or Right to officiat in this Church , as her proper Pastours . Therefore they ought not to be received , but withdrawn from . All the debate is about the Minor , which he thus maketh good . They , who have entered into , and do officiat fixedly in this Church without her Authority and Consent , have no just Authority or Right so to do . But the Prelats and their Curats ( adde , the Indulged ) have entered into this Church , and do Officiat therein , without her Authority and Consent . Therefore they have no just Authority . The first Proposition ( saith he , and we with him ) is clear , and we suppose , will not be gainesaid by our Antagonists ; seing the power of Mission , of Calling & of Sending of ordinarie fixed Pastours , is only in the Church , and not in any other , as all Divines do assert . The Second is evident from matters of fact ; for there was no Church-Judicatory called , or convocated , for bringing of Prelats in to the Church ; ( adde , nor for setling of the Indulged over their respective charges ) all was done immediatly by the King and Acts of Parliament ( adde , Acts of the Coun●il ) without the Church . A practice wanting a precedent in this , and ( for any thing we know ) in all other Churches . He proposeth an Objection in behalf of the Curats Pag. 78. which I know the Indulged will use for themselves , to wit. They have entered by the Church . And his answer will serve us , which is this . This we deny , the contrare is clear , from confiant Practice ; for the Curats ( adde , the Indulged ) came in upon Congregations , only by the Bishop and Patron ( adde in our case , only by t●e Council and Patron ) who are not the Church , nor have any power from her , for what they do , in this : All their right and power is founded upon , and derived from the Supremacy , and Acts of Parliament , and not from the Church ; in which the Bishop ( adde the Council ) acts as the Kings Delegat and Substitute , only impowered there●o by his Law ( adde Letter ) So that the Curats ( adde , the Indulged ) having and deriving all their power from the Prelates ( adde , the Council ) cannot have the same from the Church ; none gives what he hath not . But. 2. The Prelats ( adde , the Council ) not being the lawful Governing Church , any , that enter Congregations by them , cannot be said to enter by the Church . Read the rest there . His second Argument is proposed Pag. 79.80 . thus . Those that receive and derive their Church power from , and are subordinat , in its exercise ▪ to another Head , then Christ Jesus , should not be received and subjected to , as the Ministers of Christ , in his Church . But the Prelates and their Curats ( adde , the Indulged ) do receive and derive their Church Power from , and are subordinat , in its exercise , to another Head , than Christ Jesus . The●efore they ought not to be received &c. The first Proposition will not be denied : He proveth the second thus . Those Officers in the Church , professing themselves such , that derive their Church-power from , and are subordinate , in its exercise , to a Power truely Architectonick and Supream in the Church , beside Christ , do derive their Power from , and are subordinat , in its exercise , to another Head , than Christ Jesus . But so it is , that Prelats and their Curats ( adde , the Indulged ) do derive their Church-Power from , and are subordinat , in its exercise , to a Power truely Architectonick and Supreme in the Church , beside Christ. Therefore &c. The Major is evident ; for whoever hath a Supream Architectonick Power in and over the Church , must be an Head to the same , and the Fountaine of all Church-power . The Minor is clear from the Act of Restitution ( adde , the Act Explicatory of the Supremacy . ) His third Arg. Pag. 8. is long , I shall cut it short thus , that it may serve our case . If Churches required by Law ( or , Act of Council ) to submit to Prelates , and to their Curats ( or , to the Indulged ) thus thrust in upon them , had their own P●stors set over them , conforme to Gods Word ; then it is no sinful Separation , for Churches , in adhering to their Ministers , not to receive , or submit to the Prelats and their Curats ( or , to the Indulged . ) But the former is true . Therefore &c. The truth of the Major is founded on this , That the obligation betwixt Pastor & People standeth , notwithstanding of the Magistrat's Act. And the Minor is true , ( I suppose ) as to some Churches , over which the Indulged were placed by the Council . His fourth Argument Pag. 90. will serve us ; It is thus . The way of the Curats ( Indulged ) entering into Congregations , puts a bar on our subjection to them , that we dar not owne them , for the lawful Pastors of the Church ; for as their entry is without the Church , and the way that Christ hath setled in his House for that end ; so they have come in on Congregations , in wayes , which we judge corrupt , and without all warrant from the Word of God , & the practice of the Primitive times . In search of Scripture and pure Antiquity , we finde , that Ordination ( adde , and Potestative Mission ) by Ministers , the Election and Call of the people , was the way , by which Ministers entered into Congregations , and not the Institution and Collation of the Bishop ( adde , nor the Warrant and Allowance of the Magistrat ) nor the Presentation of Patrons . He addeth . 1. This way of their entry by the Bishops Institution and Collation ( adde , the Councels Warrant and Order ) doth suppone that their Ordination ( adde , Potestative Mission ) doth not sufficiently impower them to the exercise of the Ministrie , ( adde , in that Particular Charge ) without a further licence ; which is contrare to the end of Ordination , and the Nature of the Ministerial Power , that by vertue of its ends , and the command of Christ , doth binde the Person , invested therewith , to its Exercise &c. 2. The Patrons Presentation , as it takes away the Peoples right of Election , so it suppones Ordination to give no right to the maintainance , or at least suspends it &c. His Fift Arg. is Pag. 91. thus framed , and may serve us , as to some . Many Congregations , into which the Curates ( adde , the Indulged ) are entred , are under a standing Obligation to their former Pastours ; not only on the account of the Pastoral Relation betwixt them , but for the Engagements they came under to such , in their call and reception of them ; which is not dissolved by any thing , we have yet seen ; Sure we are , the Magistrate cannot do it , &c. ( I hope , I need nor , in reference to the Indulged , mention what followeth , in answering of the Objection , taken from Salomons removing of Abiathar . His Sixt Arg. Pag. 94. is this . If Congregations have a just Right and Power of Electing and Calling of their Ministers ; than those , that come in upon them without this , are not to be esteemed their Pastors , nor to be subjected to , as such , by Congregations , but to be withdrawn from . But here it is so , &c. His Seventh Arg. Pag. 95. is this ; Hearing of , submitting to and receiving of Ordinances from the Curats alone ( adde , the Indulged ) and not from others , is enjoined by Law , and required , as the signe of our compliance with and subjecting to the Present Lawes , bringing in and establishing of Prelacy ( adde , Erastianisme and the Supremacie ) and other Corruptions , which we dar not owne . Hearing and receiving Ordinances from such , hath a twofold bar put upon it to us ; an unqualified Instrument or Object ; and the respect that by the Law it is made to have to the corruptions obtruded upon this Church , as the signe of our compliance with and subjection to these . The Command of God about hearing doth constitute the Object and Instrument ( what and whom ) we should hear : As we are not to hear all Doctrines , but these that are sound , so we are not to hear and receive all , that pretend to come in Christs Name , but those of whose Mission we have some rational evidence , at least , against which we have no just exceptions . This , as to to the Curats , ( adde , the Indulged ) is made out by the former Arguments . But beside this . the signe appointed and determined by Law , and required of all in this Church , is , that they not only withdraw from , and do not hear the Ejected and Non-conforme Ministers ; but that they hear and submit to Ministers , that comply with and enter into this Church , by Prelates ( adde , or by the Council ) which to us maketh ●earing , and receiving of Ordinances from them , a practical approbation of , and compliance with Prelacy ( adde , Erastianisme and the Supremacy ) and other corruptions contained in the Law , for such is the connexion betwixt the signe and the thing signified , that he that yeelds to give the signe , doth , in all rational construction , approve the thing signified . These are his Principal Arguments , used in defence of such , as cannot , go to hear and subject to the Curats ; and whether they will not as forcibly conclude against hearing of and subjecting to the Indulged , the Reader is free to judge . Objections Answered . If any should Object , whether in behalfe of the Curats , or in behalf of the Indulged . That they are Ministers of the Gospel , and therefore are to be heard , and Ordinances should be received from them ; for the Ministerial power giveth to the Persons , invested therewith , not only a right to preach the word , and dispense Ordinances , and maketh their Acts valide ; but it bindes them to the doing of those , and all others to submit to them , in the exercise of their Power ; as is apparent in all relations , and the mutual duties , that the Persons under them owe to one another ; So that if Ministers be bound to preach the Gospel , and dispense its Ordinances● , the people must likewise be obliged to hear , and receive Ordinances from them . To this objection he answereth ( and we with him , as to the case now in question ) denying the Consequence : For ( 1. ) The true state of the question is , whether we should receive and submit to them , as the lawfully Called and Appropriat Pastors of this Church ; which for the former Reasons we deny ; for although Intruders upon the Church be Ministers ; yet their Intrusion puts a sufficient bar on Peoples reception of and submission to them : wherefore in so far as hearing , and receiving of Ordinances from Prelatical Ministers ( adde , Indulged ) is , in our case , an acknowledgment of this , we refuse it . ( 2. ) Peoples obligation to submission to Ministers , doth not immediatly flow from the being of the Ministerial Power and Authority , in those clothed therewith , there are beside this , other things that must concurre , to the causing of this Obligation , which , if they be wanting , will make it void , or , at least , suspend it &c. If it be further Objected , in favours of the Indulged , That Eminent and worthie Mr Livingstoun , though he saith much against the Indulgence , in his Letter to his Parishoners ; yet he adviseth them sometime to hear Mr Iohn Scot , who was Indulged . I Ans I shall readily grant , that several were in the dark , at the first , in the matter , either through want of full information concerning many circumstances , which , if known , would have given greater light in the matter ; or through ignorance of the real Designe & Intendment of the Rulers , which afterward came more & more to light ; or through a fear , that Field-meetings should either cease , or be utterly suppressed ; & therefore judged it more safe for people to hear the Indulged , than either to hear none , or none , but the Curats . And though I do not certainly know , which of these grounds moved that Eminent Seer and Servant of Christ , to advise so ; yet , considering that in all that Letter ( to my remembrance ) he doth not speak of their going to the Field Meetings ( which I suppose none , that knew him , will think , that he was an enemie unto , ) I am apt to think , that the Apprehension he had of the ceasing of the Field-Meetings , at least , in that part of the Countrey ( in which , I doubt , there had been any , or many , at least , before his writing of that Letter ) did move him , to advise them sometimes to hear that Indulged Person , as judging that better , than that they should hear none , or none but that wretch , who was obtruded upon them ; and as supposing , he would not pervert them by his Doctrine , but would give free and faithful Testimonies unto the Truth , and aga●●st all publick Corruptions . Further , I suppose , it is well enough known , tha● 〈◊〉 the first , not a few Ministers were in the dark , as to the question of hearing of the Curats , and upon one ground or other , did not perceive , that peop●e were called of God ; to withdraw from the obtruded Hirelings , & so durst-not positi●ely advise thereunto ; who now , I hope , will be as loath to advise people to forsake other occasions , and go hear the Curats , And what wonder if the matter was so , as to the Indulged , Seven or Eight yeers ago ? Obj. 3. But , till of late , that some few inconsiderat Persons , took this in their head , to preach against the Indulgence , and to cry-out against the unlawfulness of hearing of the Indulged , as if that had been the only thing necessary ; for which many even of the Non-Indulged are offended with them , there was not so much as a murter heard , but people heard the Indulged without scruple , and were edified by their Ministrie . Ans. The Curats might alleadge the same , as well as the Indulged ; But , as it would not help them , so I suppose , It can not well help the Indulged . Whether these Persons be considerat or inconsiderat , I am not fit to judge ; to their own Master they stand , or fall ; only I wish , that such , who call them Inconsiderat , would examine their grounds , & remember that , judge not lest ye be judged &c. If this be founded upon some expressions of theirs ( whether true or false , I know not ) I wish that the Expressions of others gave not ground for the same judgment . I know , not a few are offended with them ; but considering what is said above , concerning the sinfulness of the Indulgence , &c. I dar not be offended with them ; ( & I would faine hope , that second thoughts of the matter shall worke a change on these Brethren ) But must rather blesse the Lord on their behalfe , & judge them worthie of praise , who , over the belly of so many discouragments , did set the trumpet to their mouth , to shew Scotland , & the Ministerie , and People thereof , that great sin : and this , I know , is con●istent with their insisting upon the one thing necessary ; which I hope also their practice declareth , and the fruits of their labour proclaime . But as to the long silence , that hath been , I shall say little ; yet it is known , that at the very beginning , people were calling the Indulged the Councils Curats & how it came , that this spark did not break forth into a general flame , I shall not enquire ; acquiescing in this , That the Lord had a further discovery to make : For , had the first Ten , who were Indulged , been thus discountenanced , we had seen no moe accepting of that supposed favour ; yea the first accepters had quickly shaken that onerous favour off their shoulders . It may be also , that some suppressed their judgment , concerning the not-hearing of these Indulged , or did not countenance any such motion , when made , either out of a preposterous affection and tenderness to the Brethren , whom they honoured and much esteemed , and that deservedly , for their eminent Enduements , and sometimes Usefulness unto the Church ; or out of a tender care of keeping up of Union , and guarding against all motions apparently tending to troublesome Distractions & Divisions , or upon some other account , best known to themselves . Neither is it unlike , that many were really in the dark , as to the thing : But however , light is light , whoever they be that bring it to us ; and as God may Imploy whom He will , to this en● , so ; how inconsiderable so ever the Instruments be , who are imployed ; and whether they come sooner or latter , the light , when it is come , should be welcomed , because of Him , that sent it ; yea and embraced with thankfulness , and with humble submission . Obj. 4. All or most of the Non-Indulged , Faithful , and Zealous Ministers in the Land are for hearing of the Indulged ; and only a few , and these of the younger sort , with the ignorant people , are against it . Answ. Though I would hope , few should lay any weight on this Objection : and it were enough to desire such , who did lay any weight thereon , to consider Iob. 7 : v. 47 , 38 , 49. with Mr. Hutcheson's Notes thereupon , specially the 7. and 9. Yet I shall only say , That an Impartial Observer will finde , that for the most part , in all the steps of our trial , since this last overthrow came , God hath made use of the nothings to break the ice to others . Holy is our Soveraigne , who doth what He will. This might be made out by Instances ; but I suppose , the matter is so manifest , that I need not insist thereupon , the matter about hearing of the Curats ▪ being a sufficient evidence of what I have said . Obj. 5. Now when we are in hazard to be over-run with Popery , is it seasonnable , that such questions should be started , to breake the remnant in pieces ; and thereby to make all a prey for the man of sin ? Were it not better that we were all united as one , to withstand that Inundation ? Answ. I grant , the apprehensions of the Man of sins's stretching out his wings , & filling the breadth of Immanuel's land , seemeth to me not altogether groundless ; yea it is much to be feared , that by Popery and Bloud , the Lord shall avenge the quarrel of His Covenant , and the contempt of His Gospel : And therefore I judge , it were our duty this day , to be preparing ourselves to meet the Lord , thus coming to be avenged on a generation of His wrath , with ropes about our necks , giving Him the glory of His Righteousness , and acknowledging ourselves the basest of sinners ; that so we may be in case , to say , in the day , when the small remnant of the glory , that is yet to be seen on the mountains , shall depart out of sight , Blessed be the Glory of the Lord from his place . Our Union , while the accursed thing is among us , will be but a conspiracy , and will really weaken us before the Lord. If we be not tender of Christ's Headship , and of what depends thereupon , and of the least pin of his Tabernacle , pitched among us ; how can we expect His help , when we are to run with the horsemen ? Will they not have most peace in that day , who have been Jealous for the Lord of hosts , and for his Crown Interest - And who knoweth , but they shall finde a shelter and a chamber of Protection in the day , when he overflowing scourge shall come , who are now following the Lord , and his Glory , through Mountains and Valleyes , and are , upon that account , suffering Tossings , Hardships and Harrassings ? How little security , I pray , shall the wings of the Supremacie be able to give , in that day ? our Union in Duty , and upon the old grounds of our received and sworne Principles and Maximes , would prove our strength , But if this shall not be had , as then every one may certainly conclude , that there is a dreadful stroke at the doores , and that this division , upon such an account , is a certaine fore-runner of a dark and dismal Dispensation ; so , it will be every mans du●y , who would have peace , in the day of God's contending against a generation of Backsliders and Revolters , to be mourning for the abominations of the Land and for this of the Indulgence , among the rest , and to be adhereing to the Lord , and unto our Principles ▪ which the Lord hath owned and countenanced , though he should , in a manner , be left al●●e . Will not , I pray , many of these , who have complied with Prelacie , and with the courses , that have been carried on , profess an abhorrence at Popery ? And is this ground sufficient for us to think of uniting with them , notwithstanding of all they have done , that we may be the more fortified to withstand that torrent ? Alas ! this our strength will prove our weakness , Let us remember that Esai . 8 : ver . 11 , 12 , 13 , 14. For the Lord spoke thus to me , with a strong hand , and instructed me , that I should not walk in the way of this people , saying , Say not a confederacy to all them , to whom this people shall say , a confederacy : Neither feare ye their fear , nor be afraid . Sanctifie the Lord of hosts himself ; and let him be your fear ▪ and let him be your dread . And he shall be for a Sanctuary , &c. It were more sutable for us , to be considering that word Amos 4. v. 12.13 . Therefore , thus will I do unto thee ; and because I will do this unto thee , prepare to meet thy God , O Israel : for lo , he that formeth the Mountains , and createth the winde , and declareth unto man what is his thought , that maketh the morning darkness , and ●readeth upon the high places of the earth : The Lord , the God of hosts is his Name : And in order to a Christian compliance therewith , to be separating our selves from every sinful course , mourning for our former miscarriages , and utterly forsaking such wayes , whereby we have provoked the Lord to wrath . I shall close with that Zeph. 2 : vers . 1 , 2 , 3. Gather yourselves together , yea , gather together , O Nation not desired . Before the decree bring forth , before the day passe , as the chaff , before the fierce anger of the Lord come upon you , before the day of the Lord's anger come upon you . Seek ye the Lord , all ye meek of the earth , which have wrought his judgment , seek righteousness , seek meekness ; it may be , ye shall be hid , in the day of the Lord's anger : And let us all pray , Thy Kingdom come , and thy Will be done , AMEN . FINIS . Among the persons Indulged , Mr Anthony Shaw indulged to Loudown o● Newmile , and Mr Anthony Murray Indulged to Carmichall are omitted ; and possibly some others , through want of full Information , or through the neglect of Transcribers .