church, and a supreme governor in civil matters hath reference unto a commonwealth; and so make the supreme governor of the commonwealth, upon that account, that he is such a supreme governor, the supreme governor of the church, and then, eo ipso, that he is the supreme governor of the commonwealth he should have reference unto the church, and so a church should be a commonwealth, and a commonwealth a church; which is most false. Moreover, this new commission court is another speaking evidence of this mixture flowing from this supremacy; for in that court church officers meddle with civil matters, and state officers meddle with church matters, and both do so, as they are such and such officers, and as his Majesty's commissioners, and, therefore, they could not assent unto this. That which Luther saith, in Responso ad Melanth. de Ceremoniis, cited by Voetius, ubi supra, p. 174, is worth the marking, Seeing it is certain that these administrations are distinct, namely, the ecclesiastic and politic, which Satan did confound by Popery, we must watch and see that they be not again confounded;-and if we suffer this we should be guilty of sacrilege, and we must rather choose to die than sin so." See further what he citeth out of Olevianus, p. 179, 180.

11. By taking of this oath they should grant that the magistrate, as such, is a proper and competent judge in such matters, a proper and competent judge of ministers, of their doctrine, and of other church matters; because it was upon this ground, of faithful ministers' declining of the king and his council's judgment in church matters, that the parliament, 1584, did grant unto the king this supremacy. It was intended for this end, that he might have power to call, convene, judge and sentence ministers for the faithful discharge of their duty, and exoneration of their consciences, as their lawful, formal and competent judge in church matters, though under the notion of treason and sedition. Moreover, he is made proper judge of what is the best form of church government, of what is the best constitution of a church judicature, and what are the most fit and lawful acts and conclusions, or canons, of synods; and he is made proper judge in matters deserving excommunication, suspension and deposition; and all these are church matters. Now the falsehood of this is so satisfactorily discovered by

divines, that none can be blamed for refusing an oath which would import an assenting unto these things as truths. Sure every magistrate is not fit for such matters; and should no other be a magistrate but he who is fit for such questions? Where is there any precept or precedent for this? What need is there, then, for church officers for church matters, if the civil magistrate may do all? See learned Voetius, Polit. Eccles., p. 146, arg. 12. Yea, if they had taken this oath, they had condemned their worthy predecessors, who took their hazard, and declined the judgment of the civil magistrate in church matters; and should justify the severe sentences of imprisonment, confinement and banishment, which passed against them; and should assent unto the lawfulness of all these acts which established iniquity and tyranny by law. And how could they have done this with a good conscience?

12. By taking of this oath they should grant that ministers, in the discharge of their ministerial function, were not under Christ immediately, but under the magistrate; for, as his commissioners, they sit in the High Commission court, and are accountable to him for their mal-administration, and so are immediately under him, as their immediate superior and master. But this they could not grant, seeing, 1. As was said, these two powers are toto genere distinct, and so there cannot be a subordination amongst them; 2. There is no warrant for ministers receiving of instructions from the magistrate; 3. Nor for any civil pope more than for a church pope; 4. Ministers, in Scripture, are said to have immediate relation unto, and commission from God, and not from the magistrate; therefore they are called priests of God, 2 Chron. xiii. 9, 12; "men of God," 2 Pet. i. 21; 2 Tim. iii. 17; and are commissioned from Christ, Luke x. 2; Matt. xx. 2; xxi. 34, 35; xxii. 2, 3, 10; xxiv. 45; Isa. vi. 8; John xx. 21; Gal. i. 1; and not from the magistrate. They act in the name of Christ, and by power from him, 1 Cor. v. But there is enough spoken to this by judicious Wallæus, and others, writing against Utenbogard and other Erastians, which will abundantly justify the refusing of this oath. See further learned Dr Voetius, de Polit. Eccles., p. 145, arg. 10.

13. By the taking of this oath thus tendered, they should grant that the supreme

:

magistrate is exempted from subjection unto the ministry of the messengers of the Lord; for if ministers, in their ministerial function, act as commissioners from him, and as accountable to him, then, in the same administration, they cannot be above him a commissioner, in the particular wherein he is a commissioner, cannot be over him whose commissioner he is. But this they could not grant, because there is no warrant for this exemption. Kings of old were not exempted from rebukes, and all are commanded to obey such as are set over them, Heb. xiii. 7. No king is excepted: emperors have submitted unto discipline; therefore they could not take this

oath.

14. By taking of this oath they should. yield unto many palpable and intolerable encroachments made upon the liberties and privileges of the church of Christ, which could not be done without great sin and iniquity: : as, 1. That there could be no church judicatories or assemblies without his warrant or express consent; for in the act concerning the acknowledging of the royal prerogative, among other things annexed to the crown, this is one, "The convening of his subjects;" and this is explained, act 4, where it is ordained that none "of his subjects convene for holding of assemblies, to treat, consult and determine in any matter ecclesiastic;" and upon this ground doth the act concerning the national synod go; and upon this ground did King James take upon him to prorogate assemblies either to definite or indefinite times, as he thought good. Now no faithful minister or Christian could assent to this; because, (1.) Whatever may be said upon the grounds of prudence at some times, yet, when the business is spoken to as a case of conscience, and according to the rule of the word, this is true, that though the church be in the commonwealth, yet she is a distinct society from the commonwealth, and hath power from Christ to hold her own meetings and assemblies, for her own government, as she did while she was under heathen emperors in the days of the apostles. (2.) It hath been shown before what is the judgment of the church of Scotland in this particular, in their preface to the confession of faith. (3.) There is no express command either for seeking or having his express consent. The reformers of the church of Scotland never once thought of this, but as oft as conveniently they might,

and as necessity urged, they kept assemblies, not only without the consent of the supreme magistrate, but oftimes against his will, thinking it their duty to assemble for the relief of the church, ay, until some difficulty were laid in their way which they could not get over, until some physical restraint, or somewhat equivalent, were laid upon them. (4.) It would neither be fit nor safe for them to condemn the worthies who stood so zealously for the truth, and kept that Assembly at Aberdeen, which occasioned their banishment. 2. That the power of convocating and indicting of synods and assemblies doth belong only unto the magistrate, the act for the national synod doth abundantly clear this. But to assent to this were a palpable wronging of the church, which hath intrinsic power for this, and needeth not go out of herself to seek it. The synod which did meet, act 15, was not indicted by any civil magistrate. The church should then be in an irremediable case when the civil magistrate is an enemy, but God hath provided means for the safety and preservation of his church, even when the higher powers are but small friends unto her (as oftimes it falleth out). See the judicious and learned Dr Voetius, de Polit. Eccles., p. 184, quest. 5. 3. That the power of delegating unto assemblies doth belong to him alone, so as he may appoint all the constituent members thereof according as he pleaseth, as the act for the national synod saith he doth, and that by virtue of his supremacy. But this were a gross wronging and robbing of churches of their power and privilege of delegating such as they think fit, according to the example of Antioch sending Paul and Barnabas to that synod, Acts xv., and the practice of the church in all ages. See Voetius, ubi supra, p. 187, quest. 7, 8. Yea, if so, the persons delegated should vote in his name, and not in the name of Christ or of the church, and the meeting should not be a pure church meeting, but either wholly political, or else politico-ecclesiastical. 4. That he might dissolve church assemblies and synods when he pleaseth; for the fore-mentioned act for the national synod warranteth them to meet only at such times as he pleaseth. But this were a great wrong done unto the church privileges. See Voetius, ubi supra, p. 190, quest. 13, 14. Synods should be no helps unto the poor church if they might sit no longer (whatever necessity might

urge) than his Majesty thought good to suffer. There is no warrant for any such dependence of church judicatories upon the civil magistrate's discretion. If Christ hath allowed synods to his church, for determining in church affairs, he hath allowed them to sit until they finish the business for which they did assemble. Yea, if they should yield to this, they should condemn the Assembly at Glasgow, 1638, which did sit until they had ended their business, notwithstanding of a command to dissolve. 5. That his presence, or the presence of his commissioner, is necessary unto each national assembly; for the act of parliament, ratifying the act for the national synod, saith expressly, that " without the presence of the king, or of his commissioner, no national synod can be kept." But (1.) there is no law of God for this; (2.) the synods, in the primitive times, were held without his presence; (3.) there were many General Assemblies held in Scotland without his presence; (4.) the magistrate, as such, is no constituent member of the synod, and therefore his presence is not necessarily requisite. See Voetius, ubi supra, p. 188, quest. 9; (5.) if there be such a necessity for his presence at national synods he must not be absent from lesser assemblies, and thus there shall be no church judicature held without his presence; which were most absurd. See what the learned and famous Voetius saith to this, Polit. Eccles., part 1, p. 199, 200. 6. That ministers have no proper decisive suffrage in synods, because the forecited act saith, that matters are to be settled only by their advice; so that, in their synod, they are only the king's counsellors convened to advise and consult, and a power only to advise is no decisive suffrage; and so the act concluded is the deed of the supreme magistrate following their advice, and is not their deed. Now this is most absurd and destructive to all synods, and of all their power; and thus it should be far worse with synods now when magistrates are Christians than when they were beathens. Moreover, there is no warrant for his having, with the rest of the commissioners, a voice in those synods, far less for his having the whole power. It is clear that, as a magistrate, he can have no suffrage or voice in these synods, for then heathens, who are no way qualified for such a business, should have it likewise; yea, if it were so, all the determination of synods should be civil acts,

and no church acts, being done by one who is no church officer, yea, nor a church member, as such, let be a church judicature. This was Episcopius the Arminian's judgment, in dispute, de Jure Magistratus circa Sacra, thes. 16, namely, "That he may convocate assemblies, choose members, prescribe laws unto them and the way of procedure, ask the suffrages, and either peremptorily enact, or approve what is done, that it may pass into a law." See Voetius, ubi supra, p. 191, quest. 16. 7. That the judicatories of the church be prelimited; for nothing may be enacted by the national synod which is contrary to his Majesty's royal prerogative, or to the laws of the land: so saith the parliament's ratification of the act for the national synod. But what if iniquity be established by a law; and what if Christ's royal prerogatives be taken from him and given to the king? Shall the church, in her judicatories, do nothing for the truth? Shall she give no testimony against these usurpations? Shall the laws of the land and the king's prerogatives be her cynosura? What use shall be made of the word of God then? Where is there any such caution or limitation given to the church? But enough of this. 8. That church judicatories may not so much as consult and debate about any act, matter or cause, but what shall be allowed and approved by his Majesty, or his commissioner; for these are the very words of the act of parliament. But who can assent unto this intolerable encroachment, destructive of all church judicatures, making them no judicatories at all, but a company of men convened for giving advice. But where was there ever the like of this church judicature? The naming of those things is sufficient to discover their vanity. See excellent Voetius, ubi supra, p. 189, quest. 11. 9. That no church canon or ordinance hath any effect, force or validity, but what shall be approved and confirmed by him or his commissioner; for so much doth the forecited act import. Now who but he who hath drunken in the opinions of Erastus and Arminians will assent unto this? It is true the canons and ordinances of a church judicatory cannot have the strength of a municipal law without the magistrate's civil sanction, but yet they may have the strength of church canons, whether he approve of them or not,-as the acts of the council at Jerusalem, Acts xv., and of all other synods

and assemblies which the church had during the first three hundred years,-otherwise the church should be in a hard case when the civil magistrate did refuse his concurrence, and (as hath been oft hinted) in a better case under heathens than under Christian magistrates; therefore this could not be assented unto. 10. That all church canons are his proper acts, and flow natively from him and his power; for the meeting is but for counsel and advice to him, and all that they say is without force unless he approve it, as the act saith; and so all their acts and canons are his only and not theirs. But this could not be granted, because, 1. Whatever he doth, as supreme governor or magistrate, is a civil act, and no church act, and so no church canon; 2. No church canon can be made by any but by church of ficers, who are empowered by Jesus Christ for that effect, but the magistrate, as such, is no church officer; 3. This power is without all warrant of Scripture, and therefore cannot be acknowledged.

Thus you see what encroachments upon the privileges of the church the taking of this oath, thus sensed by them, carrieth along with it, and, albeit there be some Erastians and others who take these for no encroachments, but truths, yet reformed divines, such as famous and worthy Voetius, Apollonius, and others, have sufficiently manifested them to be gross errors; and, because the end designed in this undertaking is satisfaction to orthodox and reformed sound divines, with whose principles the present suffering church of Scotland doth accord, it is accounted sufficient only to mention those things which the taking of this oath, as explained by their acts and deeds who tender it, would clearly import an assenting unto. But, to proceed,

15. By this oath they should grant that the church is very imperfect so long as she wanteth a Christian magistrate, for she wanteth a chief officer; and hence it will follow that the church, in the days of the apostles, and some hundreds of years thereafter, was imperfect as to its constitution, wanting this supreme governor; otherwise they must say that Nero, Caligula, and the rest of the Roman persecuting emperors, did sufficiently fill up this place; and that the apostles did upon the matter, and would not have refused, plainly to have affirmed that these persecuting heathens were supreme governors over all persons, and in

all causes civil and ecclesiastic. But none of those can be affirmed with any probability or show of reason.

16. Yea, by taking this oath they should grant that the apostles and primitive church walked not regularly in the matter of governing the church, because they acted with no such subordination unto the supreme magistrate who then was,-they derived no power from him as their supreme governor in causes ecclesiastic. To say that necessity did put them to this is but a poor defence; for then, out of necessity, the primitive church did rob the magistrate of his power, or else this power agreeth not to all magistrates, but only to Christian magistrates; and if so, it cannot be a power or privilege annexed to the crown. And further, it doth not agree to them as Christians, nor yet as magistrates, otherwise it should agree to all Christians, and to all magistrates, which is false; and therefore it cannot agree to them as Christian magistrates; for as learned and renowned Dr Voetius saith, Polit. Eccles., p. 137: Duo subjecta, et principia formalia, quæ non sunt unum, aut unita per se, non possunt fundare effectum formalem per se unum sc. ex. gr. homo unus si sit consul, et pater, non potest dici habere potestatem consularem in cives, quâ consul-pater, nec potestatem patriam in filium quâ pater-consul.

17. By taking of this oath, they should yield unto the opening of a door unto the utter destruction and overthrow of all church judicatories; for, by their judgment who tender that oath, the king is the fountain of all church power, and whoever executeth any church power executeth it as his commissioner; and he may employ in this business whom he pleaseth; and, by the act for the High Commission, he employeth civil persons, who are no church officers, in deposing ministers, and in excommunicating, and so he may employ such persons always, and only such, for he is at liberty to employ whom he will; and so at length he may put aside all church officers, and so lay aside all church judicatures, and handle all church business

in civil courts. But what Christian could

yield to this? See Voetius, ubi supra, p. 146, arg. 11.

18. By this oath they should grant unto the civil magistrate power to erect new courts which have no warrant in the word, and

such courts as the church had not all the days of the apostles, nor many centuries of years thereafter; for, by virtue of his supremacy, he erecteth this new court called a High or Grand Commission, wherein civil persons meddle with church matters, and execute church censures, and churchmen meddle with civil matters and civil censures. But to yield to this should be to destroy all church power, and to condemn the apostles for not leaving behind them the example of such a court, and the primitive church for not setting up such a court. By presbyterian principles no judicature must be acknowledged for a court of Christ but that which hath Christ's warrant.

19. By taking this oath they should yield unto the lawfulness of appealing from a church judicature unto the civil magistrate; for it is lawful to appeal from an inferior judicature unto a superior; and, by the tenderers of the oath, the supreme magistrate is a superior judicature. It is lawful to appeal from the commissioners unto such as have given them that commission; and ministers, in these judicatories, are but his commissioners. But sound divines, writing against Erastus and the Arminians, will justify their refusing to yield to this; and if they should have yielded to this they should have condemned the General Assemblies that declared such as appealed from a church judicature unto the king and his council censurable with the sentence of excommunication, and approved of such perverse troublers of the church as took this corrupt course to keep themselves from censure. Moreover, there is no example of any such lawful appellation; for Paul's appeal unto Cæsar was from a civil court,from Festus, and was in a matter of life and death, and from no church judicatory. See Voetius, ubi supra, p. 197, quest. 24.

SECTION XIII.

THE FORMER PURPOSE FURTHER PROSECUTED, AND MR STILLINGFLEET'S NOTION EX

AMINED.

There is one reason more pleading against the taking of the oath as it is now glossed, and it is this:

20. By taking of this oath they should assent unto that power which is given unto

the king in the 16th act of parliament, namely, a power to settle and secure church government in such a frame as shall be most agreeable and suitable unto "monarchical government, and most complying with the public peace and quiet of the kingdom;" and so grant, 1. That there is not one form or model of church government set down in the word, obliging churches in all ages to follow the same; 2. That the supreme magistrate alone may appoint what form he thinketh good.

To speak to this head at length would take a long time, in regard that one Mr Stillingfleet hath been at the pains to give the world a proof of his learning and reading, by engaging in this quarrel, and in pleading against the privilege and prerogative of the crown of Christ, whom God hath made king in Zion, and who will reign until all his enemies be made his footstool. He would, without all doubt, have had more peace when stepping into eternity if he had employed his parts and abilities for Christ and his interests as king, and sole king, in his church and kingdom.

But yet, though the nature of this discourse will not admit so long and full an examination of the grounds whereupon this learned man walketh, something must be said in short, and so much the rather, because, through the injury of the times, the labours of such as have fully and solidly answered him cannot be got printed.

And therefore, till providence so order matters as that both these and several other things against prelates may receive a free imprimatur, take these few observations upon his whole book, which he is pleased to call a weapon salve, &c., so far as concerneth the business in hand.

Obs. 1. He granteth, p. 154, "That it is necessary there should be a form of government in the church, by virtue not only of that law of nature which provideth for the preservation of societies, but likewise by virtue of that divine law which takes care for the church's preservation in peace and unity." So then, if there be such a divine law for a form of church government, and if, in the primitive times, there was a form of church government followed, the point is gained by Mr Stillingfleet's own concessions; for, part 1, cap. 1, sect. 3, he saith, "That there is not the same necessity for a particular clear revelation in the alteration of a law unrepealed in some circumstances of it,