SECTION. I. An Account of the Original of Patronage.

I. THE Design I have in these few Pages, is to Demonstrate from Grounds of Scripture and Prin­ciples of Reason; the unwarrantablness and injustice of these Priviledges, Claimed and Ex­erted, in, and over the Church and People of God, by the Patrons of Kirks and Benefi­ces, in reference to the Call and Maintenance of the Ministers of the Gospel.

[Page 2]This I shall endeavour to performe, as distinctly, and with all the plainness, and Bre­vity, I can find the subject will admit: And that so much the rather, That I know, those for whose satisfaction I principally Write, are sufficiently capable to discover, the weight of Truth and Reason, without the attendance of any Rhetorical Excursion, or Embellishment of Expression. And if I Err in any thing, es­pecially in matters, that are out of my com­mon Road, I expect the Reader will be Can­dide and Favourable in his Censure.

II. The Method which I shall observe in the prosecution of this Design, shall be,

1 To give some short account, of what seems to have been the first Rise and Original of the Rights of Patronage; with a view of its several Branches, as it hath been Exerci­sed, in and over the Church of Scotland, in Relation to the Ministerial Call and Mainte­nance.

2 I shall endeavour to discover the Emp­tiness of these Grounds, that are, or may be adduced for a Foundation, to the Institution of Patronage: whereby it will appear, how groundless and unjust the Claims and Practi­ces of Patrons, in this matter have been.

3. I shall offer some positive Reasons, a­gainst the pretended Right it self.

[Page 3]4. And lastly, I shall examine some Pre­tences, that may be alledged, for clearing that Patronage is not so injurious to the In­terests of the Church, as it is represented to be.

To these Heads, as being the most mate­rial and needful, to be handled in a Subject of this Nature, I shall confine what I have to say; and thence it is hoped, any thing else that might be expected in Relation to this ar­gument, will receive sufficient light.

III. The right of Patronage may be de­fined, to be a Power to present and nominat, a person to be institute in a vacant Church, Office and Benefice, by those who are, or pre­tend to be, the Founders or Doters, of Kirks or Benefices. Potestas praesentandi, aut Nomi­nandi instituendum, ad Vacans Beneficium aut Officium Sacrum. &c.

I know There are many useless Debates, among the Canonists, concerning the Defini­tion of Patronage, which I shall not insist upon; seing the Thing it self is by the sad ex­perience of this Church and Nation, but too well known.

IV. Only I cannot omit to observe, that the very Name and Title, of Patron, is some­what ominous and unlucky, as Importing a kind of Servitude and Bondage, upon the Church. [Page 4]For as in the Roman Laws and Customs, a Patron (albeit the Name import Favour and Protection) was still understood, to retain a very hard Interest, in the Persons and E­states, of such Servants, as he had manu­mitted, and set free from their Bondage; and a Right of Reducing them to their former condition of Slavery, upon pretences of In­gratitude, or a Carriage any way unsuitable, to the favour of Freedom they had received; so sure I am, this pretended Right of Patro­nage, (of which we are to treat) hath in these respects, been very answerable to its Name, in restraining and impeding, (under the fair Colour of Protection) the Church and People of God, from the Free and Law­ful Exercise of their Spiritual Liberties, and Priviledges, as we shall fully clear in the pro­gress of this Discourse.

V. To come then to the first part of the method proposed, I shall not determine the Time when this Corruption, (for so I must call it, since Vetustas Erroris non Consuetudo sed Corruptela dicenda est) entred into the Christian Church, The Canonists them­selves are not fully agreed as to this. It may be very clear in the General, That it was the work of some time and Pains, to bring the rights of Patronage, to that Form and Con­sistence [Page 5]in which they have been exercised over the Christian Church. Patronage was not an Institution, That was framed and re­ceived and perfected at one dash. It is also very certain that ab Initio non fuit. It was not so much as heard of, in the pure and primitive times, but hath been by small and insensible degrees dropt and sown, in the field of the Church by the Enemy, among other Tares, while men were Asleep, that is while the Church was unawars, Matth. 13, 25. and not so watchful as need was; so that 'its little wonder the particular time of the Entry of this power be hard enough to be con­descended upon.

VI. It may likewise be very clear, That since the foundation of Patronage, was the Building or doting of Kirks, and that the li­berty, of such Building and Doting, was not much allowed, and perhaps less practised, be­fore the times of Constantine the Great, which was about the begining of the fourth Century; I say, from this it may be clear that before Con­stantine's time, the priviledge of Patronage could not be introduced.

VII. And tho' some may alledge that in the [Page 6]year of Christ CCCC. The fifth Council of Carthage, Concil. 5. carthag. Can. 9. Council. Mile. vitan. Can. 16. and thereafter in the year CCCCII. she Council of Millan, both in the times of the Emperors Honorius and Arcadius, did desire of the Emperors, that there might be some Persons considerable for wealth and Piety, appointed for defence of the Church, in her Rights, and goods or pa­trimony against such as should attempt, any Invasion upon them; and that those Persons, came afterwards to get the name of Patrons or defenders of the Church: Yet these are not the Patrons we are Inquiring after.

VIII For as this sort of Patronage was to be managed cum provisione Episcoporum, by the Advice and Consent of the Pastors and Office-bearers of the Church; so it was no­thing else but a branch of the Magistrates Cumulative Power, circa Sacra, and only for defence of the Churches Patrimony, against Sacrilegious Misapplications, and no way con­cerned with the Call and Election of the Mi­nistry: nor had this sort of Patronage any Privative, or Negative Interest, in their Sti­pends or Maintenance Neither were these Patrons, accounted Church Officers, as the Ca­nonists will have the Patrons we are enquiring after to be: nor were those Bishops then Pa­trons [Page 7]themselves, because they were a part of the Church that was to be defended. Et ne­mo potest esse sibi patronus. Their trust was with the Church's consent, Elective and not Hereditary, and much less purchasable for money as a part of a mans privat patrimony, and Fortune. I conceive it will be needless, to add any thing farther, upon the difference, that is so palpably evident betwixt these and our pretended Patronages, tho' it may be said, that this Institution was in some respect the foundation of these patronages we are in search of, if we consider that as at the first ap­pearance, this was a trust in it self not discom­mendable, but rather in some cases necessar and useful; so in after times it did by little and lit­tle degenerat into this pretended right of Pa­tronage we are to treat of, to the subversion of the Liberties of the Christian Church, for whose defence in the Lawful enjoyment of her Patrimony, it was at first introduced And it may likewise be observed that those persons at the time of the Councils cited, were not cal­led Patrons, but only Ecclesiarum Defenso­res, Vide Caranz summ Concil. folio 126. & folio 146. & Ecclesiarum Exequuto­res, vel Advocati; which clear­ly shews the Nature of that trust, to have been vastly different from the right of patronage, as it was afterwards practised.

[Page 8]IX. But in the time of the Emperor Justini­an, about the middle of the sixth Century, there appears some clearer Lineaments of the rights of Patronage; as in the No­vel 57. Novel. 57. & Novel. 123. and Novel. 123 yet e­ven at this time, it is vastly short of that [...], it afterwards came to, under the protection of the Canon Law, and many are of opinion that at this time, this Power did not extend any farther, than to the presentation of the Minores Clerici (as they were called) and that it had no interest, in the Election of the Pastors and Governours of the Church (who were then [...] termed Episcopi) as they think is clear from the 123 Novel, where it is appointed, ut ad Electionem Episcopi con­venirent omnes Clerici & Primores Civita­tis: So that if by the Rules of Analogy, we may be allowed to draw this power of presen­tation or Commendation, as it was called, but not a jus etigendi: and apply it to our times, it will have place, in the Election of none of the Office bearers of the Church, but only in that of Readers, Precentors, Schoolma­sters, Beddels and the like: For these are the Officers th [...]t correspond to the Minores Cleri­ci of that time. And thence they conclude, that it can never be proven, that before the year DC. Patronage had any interest in the Call of the Pastors of the Church.

[Page 9]X. But be this as it will, it is pretty clear, that before these Novels, there was nothing like the priviledges of patronage in use: that right being not so much as once named, in all the former Laws of the Roman Empire, which were reduced and Compyled into a Body, by the same Emperor. And all the mention that is made of it in the Novels, is but in some few, to witt in the 1.57.67.123. and 131. This may yet farther appear, from the very terms of praesentatio, advocatio, guar­dias habere &c. which have not the least scent of the Saecula purior is latinitatis.

XI. And as the priviledges of Patronage, were late of entring into the Empire, so cer­tainly they have been some considerable time in use in the Empire and Church of Rome, be­fore they have been brought thence, and settled in Scotland.

XII But be the time of the entry of Pa­tronage what it will, that which seems to have given the first rise and occasion to it, was, the building of Kirks and Meeting-places for the publick worship of God, or the allocating and giving ground to build them on, or lastly the Mortification or settlement of a Benefice or constant maintenance on such as should serve the Cure thereat: for upon such acts the Foun­ders of Kirks and Benefices did assume, or as [Page 10]others pretend, did Reserve to themselves and their heirs in all time thereafter, a priviledge and power, to nominat and present those who should serve as Pastors at such a Kirk, and a sole Power of giving them a legal Right & Title, to the Rents and profits of the Living during their Incumbency. And that even albe­it such founders had not built the whole Kirk, or settled the whole benefice, but only a part of them: for the Canonists maintain, that he who builds but One corner of a Kirk, hath a right to the patronage, as well as he that builds the other Three.

XIII. Many of the Canonists do grant, and it is very clear from the Canon law it self, that the patrons did at first assume this privi­ledge, Decretal. l. 3. Tit. 38. Ca. 3. rather by the Connivance of the Church, than by her ex­press and deliberate Consent, and far less by her positive appointment and Institution. And even the Council of Trent does acknowledge, that in many cases. Jus patronatus ex usurpatione quaesitumest. The Patron on the one hand, counting this privi­ledge to be his due, Concil. Trident. sess. 25. decret. de Reform. cap. 9. in point of merit and desert, and looking upon it as no small degree of unthankfulness, in the Church, to gain say or oppose his claim to it. And the Church it [Page 11]may be also, thinking it hard on the other hand, in point of gratitude, to refuse it: since the design of this priviledge, primo intuitu, might appear to reach no farther, but to pre­serve some memory of such good and pious deeds, that the Benefactors might not seem to have utterly lost, what they devoted for pious uses: it being indeed hard enough, at the first sight, to discern, betwixt plausible corruptions, and truly useful institutions Inter triticum & lolium (sayes Jerom) Quamdiu in herbaest; & nondum culmus venit ad Spicam, grandis Similitudo, & in discernendo aut nulla, aut perdifficilis distantia.

So that by such concurring circumstances of ambition, on the Patrons part, and of in­deliberate favour on the part of the Church, at a time, when, the mystery of iniquity, had already wrought to some sort of perfection, (for even in the Apostles days it had begun to work) and when Superstition and Corruption, as well in Worship and Doctrine, 2. Thes. 2.7. as in Morals, was much advan­ced, and humane Inventions were creeping in apace, into the room of the ordinances of Jesus Christ; The Church was by degrees robbed of her Spiritual Priviledges, that the aspiring humours of the great ones, might be Gratified with her spoils, and that their [Page 12]greatness might, under the specious and plau­sible Title of the Churches Patrons and De­fenders, appear with the more lustre and splen­dor before Men: It being esteemed no small Addition to their Honour, and to the Interest they had over People, as to their Bodies and Temporal Concerns, to be likewise invested with a priviledge, that in a manner gave them a preheminence, over Peopl's Souls and Spi­ritual interests; to that degree, that no Mi­nister, without the Patrons express and po­sitive wartand and appointment, might have access to serve in Sacris, at such a Kirk, or have a legal Right and Title, to the rents and profits of a Benefice, tho' all others interessed, were satisfied to the full, with his sufficiency, good Behaviour and faithful discharge of the duties of his function.

XIV. These and many other Corruptions of this Nature, the Lord in his righteous Judg­ment, did permit in the times of Darkness, as tending to introduce and keep up, an Igno­rant fruitless and Idle Ministry, that studied to be pleasers of men, and servants of their Lusts, (especially of those of their Patrons) that thereby, he might justly punish the World, for not receiving the love of the truth. And Particularly to punish, the unlawful inva­sions, made by the corrupt Church-men and [Page 13]Clergy of these times, upon the civil Powers; permitting them, to prey on each others Rights and Priviledges, Jure quasi Belli, ac lege talionis, till at length the whole frame of Church and state, was turned to a Babel of Confusion, and Egyptian Darkness. And tho' the practising of such usurpations, over the li­berties of the Church, might in a time of dark­ness, be looked upon, as a sin of Ignorance or weakness, yet in such times of light, as God hath set us in, it must certainly be a sin of a higher nature and Degree.

XV. The Superstition of these times, still advancing, and particularly, that Anti-evan­gelical Opinion of Merit, taking daily deeper root, the Clergy (as they must be stiled) were not a wanting, to fish in these muddie Waters, and to make their best use of that occasion, by insinuating themselves, upon weak and well meaning People, (especially in the time of their Sickness) to make them part very liberally, with their goods and possessi­ons, for the service of the Church, and pious uses, as they termed it. And they did so ter­rifie them, with the fears of Purgatory and Damnation for their Sins, on the one hand; and flatter them, with the hopes of Indulgen­ces, pardon of sins and Prayers for their Souls, and the honour they would ac­quire [Page 14]to themselves and their Posterity, by such good Deeds, on the other hand; that in a short time, the poor Peoples blind and su­perstitious zeal, was screwed to such a pitch, as nothing was sooner asked (especially if not to take effect till after their Death) than it was given: So that as the Apostle sayes in a different case, Gal. 4.15. they would have pluckt out their very eyes, for the service of these rapacious Vultures.

XVI. This is a Truth so incontestable, that the civil Powers in the most of all Chri­stian States, found themselves under an ab­solute necessity, to put some stop to such a Torrent of ill disposed Charity, as was likely to terminate in the Settling of the whole Lands and Poslessions, within their Territo­ries, In the hands of a sort of Men, that de­pended upon a Foraign Power, and preten­ded to an exemption and independencie, from the Civil Authority of the States they lived in: As among many other Instances, that might be given, may appear from that one Law in our own Nation, prohibiting the dis­posal of Lands or Heritages by Persons on Death-bed.

[Page 15]XVII. It is well observed by the Noble du Plessis, Mornay, in his myste­rium iniqui­tatis. that when the Christian Do­ctrine and Religion began to be cor­rupted in the Substance, People en­deavoured to cover their defection by retaining the Shadow, and to seem as Reli­gious as ever, by building of Kirks, Chappels &c And that in Actions of this nature, the worst of Men, were ordinarly the most forward and devout, that thereby they might obliterat the memory of their former vicious Lives and Practises, both in themselves and others. This is indeed a clear Paraphrase, upon our Blessed Saviour's charge against the Scribes and Pha­risees, That they tithed the Mint and the Annise, and omitted the weighter Matters of the Law, Judgment, Mercy, Matt. 23. and Faith.

XVIII. Things being brought to this pass, it is little wonder, that the humour of building and doting of Kirks, began to increase; and the number of Patronages by conse­quence, to multiply: so that in a short time, few Kirks or Congregations, wanted some one or other for their patron. And many times when Patronage could not be claimed, upon the account of the building or doting of Kirks, there was still some body found, who under the least shadow of Reparations or otherwise, [Page 16]and in default of all, the Pope of Rome, as pretending himself, to be patron Supreme, Paramount and Ʋniversal of all Kirks; and since the Reformation in this Church, our own Kings, as coming into the Pop's place (which by the way, is none of the most ho­nourable Successions) assumed and usurped this Priviledge. So that in a small time, the Corruption was little less than universally spread.

XIX. Before we leave this Head, we may observe, that as that Antichristian Church of Rome, hath in most of her Institu­tions, still endeavoured to advance her own splendor and greatness, and her usurped Do­minion, over the Church and Consciences of God's People, by an affected imitation of these interests, which the Secular powers of the Earth, have over the civil rights of their Sub­jects, expresly contrare to the Precepts of our blessed Lord, Luke, 22. Which in this case deserve a very serious and special consideration; Luke, 22.25. to the 31. Matt. 20 25. so particularly, this institution of Patronage, hath been fixed or continued and improven, to make some sort of a resemblance and parallel, in the Church, to that of Feudal Superiority and Vassalage, in use betwixt great Men and their followers. This seems to be pretty clear­ly [Page 17]intimate, by the very word Beneficium, which in its more proper acceptation, signi­fies the same thing with Feudum, or a grant of Lands, by a Superior to his vassal, for mi­litary services; tho' by a kind of Antinomasia, that first signification, be in a manner now wholly disused, and the other of a Spiritual or Church living, commonly if nor only, under­stood thereby▪ And hence it may be obser­ved, that as Patronage was fixed, or continu­ed and improven, in imitation of Feudal Su­periorities, so as to order of time, its first vi­gor was not, till after the feudal Institution: For the Vandals (who gave the rise to the Feudal Contract) took the City of Rome, after the middle of the fifth Century. This may likewise confirm what was formerly hinted, that till the year DC. the Interests of Patro­nage, in the Election and Maintenance of the Pastors of the Church was not known.

SECT. II. A general View of the Rights of PATRONAGE.

THe Canonists write of Patrons, as per­sons in some kind of office, & having right [Page 18]to a sort of Stipend. The rights they ascribe to them are shortly these

I. First a Jus Honorificum, whereby the patron, had power to nominate the Pastor, and give him right to the Benefice, and to have a splendid and Stately Seat, and a Burial place, in the Kirk; and a right of precedency, a­mong the Clergy, in solemn processions, vi­sitations &c▪ In which they could not lay aside, their Pride and Vanity, in their very nearest approaches to God, in going about the Duties of his worship and service: Nor in the most humbling Circumstances of Death and Burial. And how suitable such practices are, to the faults, of the Scribes and Pharisees, Matth. 23.6. Mark 12.38. James 2.1, 2, 3, 4. who did all their works to be seen of men, and loved the uppermost Rooms at feasts, and the chief seats in the Synagogues, and greetings in the mercat place, and to be called of men Rabbi Rabbi; for which, our Saviour so sharply rebukes them, any man may easily see. By this Jus honorificum, The Patron had also his name and Arms, and other badges of Honour, cut, engraven, or painted upon the entry, or walls of the Kirk, And upon the Bells, Chalices and other U­tensils. And also was nominatim mentioned in the publick Prayers of the Church, which [Page 19]are all pharisaical Fancies of the same Nature.

II. Secondly, they ascribe to the Patron, a Jus Ʋtile, whereby if he, or his Posterity became poor, and could nor live aliunde, they were to be entertained and alimented, out of the Church Revenues, as some sort of a re­compence and retribution, for their having gratified the Church, by building and Erect­ing of a Kirk, or mortifying a maintenance for the Incumbents.

III. Thirdly a Jus Onerosum, whereby the Patron (as the Canonists tell us) was ob­lidged, to repair the Kirk, and defend its Rents, from Dilapidations and Misapplicati­ons.

IV. To have yet a more Distinct view, of this pretended Right of Patronage, especially as it hath been practised in this Church, these particulars, among others, may be con­sidered.

First, that the Right of Patronage, Im­ported a priviledge to look out (as the Apostles phrase it) Nominat and Elect, Acts 6:3 the Person who should be Pastor, at such a Kirk. I say, to Elect, for all that preceeds Tryal and Admission, Is that which is properly called Election, as we shall see in the sequel of this discourse.

[Page 20]V. Next it Imported a power, to make this nomination and Election, without being tied or oblidged, to acquaint, or consult with either paroch or Presbitry, or even (dur­ing prelacy) with the Bishops themselves, who were Ordinars of the Diocy, in which the Kirklay. And even, tho' the Lord in his providence, were offering the occasion of a Person more worthy, and better qualified for the charge, yet the Patron might nominat, and present, the Person, whom he at his pleasure had looked out, to the Presbitry or Prelates when in power, And require them by Law, yea charge them under the pain of Rebellion, (as the term is) To try and admit him, Vide parl: 1612. cap 1. as Minister of that Kirk, if he were but found, in the least measure Externally quali­fied, according to the letter of the Church Laws and Canons, for the Office of a Pastor in general; without any reguard of his being fit and proper for that particular People, or any other consideration: and that tho' the whole Congregation concerned should expres­ry declare their dissent, from the Patron's No­mination and Election, and had their eye up­on another, indisputably more worthy and proper for the place, and much more accep­table to them.

[Page 21]VI. The right of Patronage, did also im­port the Priviledge of giving the only Legal Right and Title, to the Pastors maintenance, for serving the Cure at such a Kirk; so that if a Minister lawfully Called and ordained, had entered to the Kirk, and had proved never so laborious, faithful and successful, in the dis­charge of his Duty; Yet unless his entry had been by the Patrons express nomination and election, he might still claim and exerce a ne­gative interest, to stop and interrupt the Mi­nister, in the peacable possession and enjoy­ment of his maintenance, till he took and ob­tained a presentation from him; and that the Patron was not oblidged to give him, but at his own pleasure, and on his own conditions.

VII. Thirdly, the priviledges of patro­nage, descended from those who were the first Founders or Doters of a Kirk, or had other­wise right to the patronage, from Father to Son, &c. according to the common Degrees of Blood, and Rules of Succession, without the least distinction, whether the next Heir were capable to manage such a Trust, and to make a right choise of pastors or not: yea, tho' the next Heir were a Woman, whose Sex, and many Infirmities, both of Body and Mind, debarr her (for the most part,) from any medling in publick Affairs, even of a [Page 22]Secular and Temporal Concernment, and much more in Ecclesiastical matters, in which the word of God expresly discharges her to be admitted to any voice: yea, tho' the next Heirs should be more than one, as in the case of Heirs portioners, in which, and many other cases, 1 Tim. 2.12. 2 Cor. 14.35. where the patrons happened to be ma­ny, they were either to concur (at least the major part of them) in the pre­sentation, or otherwise they were to present alternis vicibus, conform to the Canon Law. Transmittitur hoc jus ad Haere­des, c. 1. de jure patronatus in 6. nec interest an plures Pa­troni sint, sive unus; dummodo si plures sint, in praesentando omnes, velcerte major eorum pars, in Eundem conveniant; ac possunt pa­troni inter se pacisci, ut alternis vicibus singuli praesentent. This Right being ac­counted, a part of a mans privat Patrimony, which he enjoyed, and had secured & convey­ed to him, and his Heirs, in the same manner as he had the rest of his Fortune and Estate.

VIII. Next, not only was this priviledge Transmitted, to such as were the Patrons nearest heirs, but also, those that were in­vested, in the present Right of it, might and did, sell and make over the same, to whom soever they pleased, in the same manner, as they might dispose, of any other thing, that [Page 23]fell within the Compass of their Private Patrimony. And that without making any Distinction betwixt the selling of the Right of Patronage, alone, and by it self (which the Canonists themselves acknowledge to be grosly Simoniacal) and the selling of the lands, to which the Patronage is annexed; in which case the Canonists declare, it is Simony, to take any Addition of price, for the Lands, upon the account of the Patronage annexed: which our Patrons did not in the least notice. And the very Council of Trent it self prohi­biteth such Sales, under the pain of Excom­munication, and forfeiture of the Right of Patronage, to be incurred ipso facto. Concil: Trident: sess: 25 decret de reform: cap: 9. In this (to our shame it must be said) the Papists shew more Conscience and tenderness, than our own Laws, and the most of our Pa­trons do. They also discover more tender­ness, in respect of the persons capable to be invested with the right of Patronage, when they maintain, that the patron looseth his Right, and the Kirk becomes free of the servitude, sipatronus sit haereticus: whereas on the contrar our patrons, might and did sell their Rights, to any they pleased, yea even to Papists, and such as were under the highest Church censures.

IX. Farther, (as I have already hinted) [Page 24]all the Patronages, that before the reformati­on, did belong to any Religious houses (as they are termed) or to the Pope, as patron Supreme, Paramount and Ʋniversal, and all other Patronages, to which, another person, could not instruct a sufficient right, were taken into the Kings hands, as succeeding to, and coming in their places, and were by him dispo­sed upon, to whom he pleased, by rights un­der the Great Seal &c And the truth is, this is a sort of succession, very sutable to the Kings other pretences of Supremacy, and Headship of the Church, which in effect make him a new Pope, in a reformed Church, Rex idem hominum Phoebique Sacerdos, as if the design of the Reformation had not been, to separate our selves from the unjust and anti­christian power, usurped over the Church, by the Popes; but meerly, to transfer it, from Italy and the Bishop of Rome, and lodge it, in the person of the Prince, among our selves. And hence it is cleare, that tho' there be an ordinar distinction of Kitks, into elective and patronate, which some urge for a conni­vance at Patronage; yet with us, there re­mains not the least shadow, of an elective Kirk, in the whole nation.

X. Seventhly the Canonists tell us, that the right of Patronage, was often granted, [Page 25]to such as had not in the least been Benefa­ctors to the Church, in the Erection or dot­ing of Kirks; And that per modum specialis privilegit, granted be the Pope. solent e­nim pontifices, nonunnquam se àecretorum Dominos, ac Conditores ostendere. That they may let the World see, they are the absolute Masters, & unaccountable Arbiters, alse well as the Makers of the Canons.

XI. Eightly, the Canonists also tell us, that the patron may commit and Intrust, his power of presentation, to any other specially authorized for that end. And thus we have frequently seen among our selves, the Factors and Chamber lanes of Noblemen and others, act by vertue of such Commissions, in these matters.

XII. And lastly, they also tell us, that such patrons, as are precisely past seven years of age, and far more such as are within mi­nority, may present by themselves, without the advice or concurse of their Tutors and Cu­rators, tho' some of the Canonists do require, that Tutors and Curators do it in their Name.

SECT. III. The Opinion of our Reformers &c. concerning PATRONAGE.

I AS this corrupt custom of Patronage, spread over the Church in general, so we find the Church of Scotland in particular, wanted not her share in the common Calamity. And accordingly we find this pretended Priviledge, zealously witnessed against, by our worthy Reformers, who vigorously pressed, for the removal of it And we find also that other Foreign Churches, were sensible of the bon­dage, the Church lay under, by these priviledg­es. I cannot stay to insert testimonies at large, the Reader may fully satisfie himself, in the matter, if he will be at the pains to look over the first and second Books of Discipline, I Book of Difci­plin head. 4 2 Book of Disci­plin cap. 3. and 12. Gen. assemb. 1562. Jess, 3 Gen. assemb. 1586. sess. 5. Synod Dordracen of this Church, the Acts of our general Assemblies, and the Acts of the Famous Synod of Dort. As for the opinion of particular Divines tho' they have but very little medled with these Matters, yet when ever they touch them, they declare them to be [Page 27]a very grievous and burdensome usurpati­on, as in some measure we may have occasion to see, in the following part of this Discourse.

II. And truly no less could be expected from men of so much Piety and Zeal, for the Glory of God, Conc. Triden. Sess 25 decret. de Refor. cap. 9. sess. 14. decret. de Refor. cap. 12 & 13 & sess. 24. decret. de Reform cap. 18 Conc. Mogunt. cap. 68. and the Interests of his Church, since even the most corrupt assembly that ever mett, I mean the Council of Trent, is forced to acknowledge, the great prejudice, the Church sustains, by the Rights of Patro­nage, as is clear from what is al­ready hinted and from their other decrees, in the years 1551 and 1563. And before them the provincial Council at Mentz in Germany, in the year 1549, was very sensible of the in­justice and oppression, of these Privileges: as we may have occasion to mention here­after.

III. But alter the Shaking that these Rights of Patronage got, at our Reformation from Popery, the alteration of that comely and orderly Church Government, instituted by Jesus Christ, and which we received both with Christianity it self, and in a special man­ner, with our first Reformation from Anti­christian darkness, and under which, so ma­ny abuses, both in Church and State, were [Page 28]so happily taken away, and so much of the purity and plenty of Gospel Ordinances, with a most wonderful Success established; The alteration. I say, of this our Presbiterial Go­vernment, into Prelacy, gave this Corrupti­on, and many others new Root. For un­der prelacy a Government first and last violently obtruded upon this Church, contrary to the inclinations of the Nati­on, without any warrand from the word of God, or example either in pure antiquity, or other reformed Churches abroad, for no other end, but to bear down, the just and ne­cessary Liberties of the Church, in the re­proof of sin, and in the Exercise of discipline, and to be subservient for carrying on, the bad designs of a corrupt court party, for enslaving of both Church and State, and constantly at­tended, with a most Visible and General de­fection, both in Worship and Morals. Under this Prelacy it was, that this and many other corruptions, and superstitions, were vigorously advanced and supported The Prelats leaving no means unessayed, to inhaunce all the Patro­nages they could in their own hands, or in the hands of such, as would contribute their pow­er and interest, to promote the designs then on foot, for enslaving this Church and Nation, under a yoak of Bondage and Superstition, and [Page 29]to keep out all such, from any access to the Work of the Ministry, as were in the least suspected, of a desire to cross these ill designs: so that at length, the Right of Patronage, be­came so rooted and fixed, and so twisted and inter woven, with other secular and civil in­terests, that it was expresly avowed and plead­ed for, as a part of a Mans private Patrimo­ny, the Rights whereof he had settled and confirmed to him and his heirs after him, as these of his other estate, by Charters under the Seals &c. And might Lawfully sell and dispose of it, to whom he thought fit, as well as the rest of his Fortune: And from which he could not be excluded, without the highest in­jury and injustice.

IV. These Exorbitancies of patronage, al­ready mentioned, with many others too tedi­ous to relate, (wherein our Patronages, are many times very different to the worse, from these in the Canon Law) a man in reason would think, might be sufficient without any farther enquiry or debate, to determine us a­gainst such a Priviledge. But since this (as well as other corruptions) is to this day, by some persons, with so much heat and vehe­mence asserted, and defended, tho' the justice of the publick Authority of the Nation, in abolishing these priviledges was in the year [Page 30]1649, and several years thereafter very cor­dially acquiesced unto by the most of those, who had the largest share of them: I shall therefore in the next place, according to the method proposed, with all the plainness and brevity I can, enquite into, and examine the Grounds, which are, or may be adduced, for a Foundation to the Rights of Patronage, which will yet farther discover the injustice and unwarrantable burdensomness of this pri­viledge.

V. I hope I need not advertise the Reader, that it is not my design to fix the guilt of all the abuses, with which I charge this preten­ded Priviledge, upon all the Patrons in the Nation: I know many of them are, and have been, very pious and worthy Persons, and have been honoured, even in that capacity to do the Church very good service, by look­ing out of honest and faithful Ministers, in some times of defection. But after all I must in this distinguish, betwixt the intentio Rei, and the intentio Personae, or betwixt the tenden­cy of the Institution it self, and the honesty of some Men, that have managed the same; it being the Law of God, and the Principles of Justice and Reason, and not men's Inten­tions, that specify their Actions to be good, or bad, as is very evident (to instance no far­ther) [Page 31]in the case of Aaron's Golden Calf, and Jeroboam's Calves at Dan and Bethel, which they intended for the true Worship of the God of Israel; Exod. 32.45. Rom. 1.23, 24, 25. 1 Cor. 10.7. Acts 7.41. 1 Kings 12.28. 2 Chron. 11.15. and yet the Spirit of God tells us, it was for the Worship of Devils, (which clearly overthrows all the Jesuitick quibbles, about a right intention) And I must also say, that all the good that ever the Church had, or can have by the Right of Patronage, can never countervail the trouble and dam­age it hath occasioned.

SECT. IV. The Ground and Argument for Patronage, from a Reservation by the first Foun­ders, Examined.

I. THe first, and main, if not the only Ground, that with any colour of rea­son can be urged, for a Foundation to the Rights of Patronage, is this; That it seems most undutiful and unreasonable to deny that Priviledge, to such as have deserved so well of the Church, by building of Kirks, and be­stowing of a constant Maintenance, on such [Page 32]as should serve the Cure thereat, and which priviledge at the time of the grant, they ex­presly reserved to themselves, and their heirs after them, & whereof they accordingly have been so long in possession: and that, if this privi­ledge be denyed, it will prove a great discou­ragement, for any to gratifie the Church, with such favours, for the future.

II. This being as I have said, the main ground, that can be urged in this matter. I shall take the more pains distinctly to discuss it.

For answer then to the first part of the pretence, from the Reservation of Patronage, by the first Founders, and Doters of Kirks and Benefices, These things may be conside­red.

III. First, that if the Patrons will needs stand upon this pretence, of a reservation, may we not on much better ground, retort, that the Patrons have forfeited their rights, if they had any, by their not performing these con­ditions, on which only (if we may believe the Canonists) the Pope, and other Bishops, granted, and the patrons accepted, the rights of Patronage? viz That the patron should be oblidged, to uphold and repair the Kirk, when it is like to fall, or proves ruinous. 2. That he should be oblidged to rebuild it, if it were burnt [Page 33]or shaken down, by an Earthquake &c. 3. That he should be oblidged to defend the benifice from being dilapidat or misapplyed, and that he should take care, that on all occasions the Pastors were furnished, with a due mainte­nance. And as it is sufficiently known, how un­sutably the Patrons have acted to all these obli­gations, so the burden of the most, if not the whole of this charge, is by Law laid upon the heretors and People of the respective paroches.

IV. Next, I shall but mention what I have formerly marked of the Patrons forfeitur of their rights, by the sale of their Patronages, contrare to the Prohibitions of the Canon Law and the Council of Trent it self.

V. The Patrons must not take it ill to be told that the pretence of a reservation, unless it be produced, is but gratis dictum, and can never be sustained, as being against the gene­ral presumption of liberty; whereas all Ser­vituds, such as Patronage is acknowledg­ed to be, are never presumed, but most be po­sitively and evidently instructed. And there­fore let them pretend what they will. I must make bold to ask them, Quomodo constat that ever such a Reservation was made; If they can­not produce somewhat else, beside their own assertion, we must tell them, that de non existentibus, & de non apparentibus idem est [Page 34]Judicium: a thing that is not at all, and a thing that appeares not by evident proof, are in the same case, And there is no right or claim can be founded or sustained upon either of them

VI Fourthly, it is very improbable, that at a time in which Ignorance did so much a­bound, & that the most part of all Transacti­ons and Conveyances, even of the most impor­tant rights, were performed, without the In­terposing of any act or deed in Writting: use and wont, and a sort of moral honesty, being, the best securities any man had; I say, it is very improbable, that at such a time, the building and doting of Kirks, was managed in so good form, as to have any written act or Instrument, either for the building or the dot­ing, or for the Reservation of the right of Pa­tronage, upon that account. And conse­quently it is highly improbable, that ever such Reservations can be instructed, or pro­duced. And it is most certain, that in these times when Kirks were first built, and bene­fices setled, the Ignorance, or if you will the simplicity, both of this, and many other Na­tions, was such, as we have described, and in some places continues so to this day, as (to in­stance no farther) may be seen, in some of the remot cornets of Scotland, especially these [Page 35]of the northern Islands, of Orknay & Zetland, where the Ʋdal Rights (as they term them) are in use, and where Civility. Learning and good policy have not yet so far prevailed, as to wear out that old custom, albeit it be worn out of most of the other parts of the Land.

VII. Fifthly, as we have formerly obser­ved, the Right of Patronage at first, was ra­ther an after-Game, that creept in clandestin­ly, and by stealth, upon the Church, than the effect of any positive institution, or of any express reservation, made at the time of the founding or doting of Kirks. And tho' there may be some Kirks and benefices, that in lat­ter times, have been built and setled, since Learning and policy began to flourish in some greater measure than formerly, whereof the first and original foundations, bear such a re­servation; yet as the number of such will be found to be very small, so these can say nothing, for a ground to the Rights of Patro­nage, in general.

VIII. Sixthly it is undenyable, that the most part of Patronages are grounded upon meer custom, and frequent acts of presentati­on, without the least pretence, to any reser­vation of this nature; or they are founded on ancient prescription past memory of man (and perhaps declaratory sentences may be [Page 36]obtained thereon) as both our own Lawyers and the Council of Trent do acknowledge: and thence that Council, Concil: Trident sess: 25. decret. de reform. cap 9. doth rationally enough conclude, that in many cases Jus pa­tronatus plerumque ex usurpatione quaesitum est, that is, that for the most part it is usurped without any warrand. And upon the same ground perhaps it is, that one of the most judicious of our own Lawyers, does so much insist upon ane express reserva­tion, Sir T: Hope. 2. as necessar to the Consti­tution of Patronage; tho' perhaps he may al­low presumptions of long possession, frequent Acts of presentation and Infestments from the King, to be sufficient in foro Juridico, to infer that reservation, and to sustain the right of Patronage, according to the course of our customs, which in this case were founded upon the Canon Law, before the Reformation, and were not antiquat by any publick constituti­on long after that time.

IX. Seventhly, the Patrons shifting to old Characters and Impressions, upon the Kirk walls. Bells, Chalices and other Utenciles, for probation of then Rights, does clearly ac­knowledge, they can instruct no such Reser­vation.

X. Eightly, the Canonists do grant, that [Page 37]the Right of Patronage was ordinarly con­stitute otherways than by such Reservations, when they tell us, that the Pope per modum privilegii, conferred this Right on whom he thought fit, tho' they had never bestowed a Farthing upon the Church, as we have marked in the beginning of this discourse.

XI. And lastly, the same Canonists do al­so acknowledge, that the Right of Patronage, hath been obtained many otherways, than by such reservations: for tho' the founders had ne­ver claimed the Right of Patronage in their own time, nor their Children after them; yet they tell us, that the founders posterity, for some Generations after, might, and frequent­ly did, obtain a grant of the Right of Patronage, with the clause ex nunc, ut ex tunc &c. And it is little to be doubted, but that in re antiqua such as this necessarly behoved to be, the Pope and Roman Chancery were frequently influen­ced by the interest and power of parties, and other By-considerations, to content them­selves with very slender proofs, either as to the persons who were the Founders, or as to the Relation of those who claimed the Right, upon the account of their propinquity to them, e­specially when no other person appeared to oppose their claime: and it is very probable that [...] as in many other cases where Rights or [Page 38]sentences are exped absente Reo, they might be satisfied with a naked alledgance, as to both these points, without any farther, if there was but the least pretence of a general Citation &c, to infer contumacy for not compearing.

SECT. V. A farther examination of this Reservation, from its own Nature, and from the Na­ture of Pious and Charitable Deeds,

I. BUT not to insist any farther on these grounds, we may observe in the next place, that such Reservations, tho' they were clearly Instructed in all Patronages, and that other methods of constituting these Rights had not been used, yet these Reservations can­not be here regarded. For as Lawyers tell us, unlawful Conditions adjected to a grant of any thing are null and ineffectual; and they deli­ver it as a rule that conditio illicita babetur pro non adjectâ. And therefore such a Reservati­on as this of the Right of Patronage, in the foundation of a Kirk or Benefice, being in it self a Sinful and unlawful condition, without any warrand from the word of God, contrare to [Page 39]the Churches true Freedom and Interest, and inconsistent with, and destructive of these Spiritual Liberties and Priviledges conferred upon her, by Jesus Christ, her only Head and Law giver (as we shall fully demonstrate in the sequel of this discourse) it must be look­ed upon, as if it had never been made, not in­tended either to be claimed or practised. Et quod ab initio non valuit, tractu temporis con­valescere nequit That which was void and null from the beginning, can never be made effectu­al, by any tract or course of time, how long so ever. So that ancient possession, can be no better Plea in this case, than it could be for many other unquestionably unlawful and su­perstitious customs.

II. But in the next place, it may be obser­ved, that who ever builds a Kirk, or gives ground for that use, or settles a maintenance on the the Incumbents he does it either.

1. Per modum debiti, by way of debt or duty, or

2. He does it per modum Eleemosynae, That is by way of Almes or free Charity. or

3. He does it, partly per modum debiti and partly per modum Eleemosynae, partly the one way, and partly the other. or,

4. Which is worse, he does it from a Pha­risaical principle of Vain glory, and to be seen of Men. or,

[Page 40]5. Which is worst of all, he does it out of an Opinion of Merit, thinking that he can thereby deserve Life and Happiness at the Hands of God.

III. To apply this distinction to our pre­sent purpose, let us consider.

1. These who has conferred such good offices on the Church, as the building or doting of Kirks, per modum debiti, are such as are He­retors or Proprietars of the whole Lands and Rents, within that bounds, in which the Kirk is situat, and for the benefit and conve­nience of the Inhabitants whereof. The Kirk is built, or the Benefice settled. And this sort of Benefactors do no more in this, but what by the Light of Nature, and Law of Nations, and much more, by the Revealed Will and Law of God, and the Municipal Laws and Customs, of the Christian state in which they live, they are oblidged, and might be legally compelled to do.

IV. For as it is a Principle acknowledged all the World over, that all reasonable Creatures, and much more Christians ought not only privatly and in secret, by themselves and in their Families, but al­so, joyntly, solemnly and in publick, to wor­ship and adore, that Almighty God, who is the first fountain and author, and the Soveraign [Page 41]Lord and Arbiter, of their lives and beings, and their Sole and only Saviour from the guilt and punishment of Sin: and on whom they must necessarly depend for every minuts pre­servation, and for all their Temporal Happi­ness here, and Eternal Happiness hereafter: so in consequence of this Natural and moral duty, they are also oblidged to have Temples, or large and convenient Meeting places (as the word signifies Templum quasi tectum am­plum) for that end, where they may be cove­red and sheltered from the injuries of the wea­ther, in going about these duties. As also in consequence of the same duty, They are likewise oblidged, to settle a sutable mainte­nance, on such as are sequest rate and set a part from all other Imployments, to attend this Worship and Service, and to instruct their People in the Mysteries of Religion. Quando enim aliquid conceditur, id etiam concedi vi­detur, sine quo concessum subsistere non potest.

And accordingly we find the practice of all Nations, in all ages, how barbarous so ever hath been sutable hereunto.

V. And therefore this being a Natural and acknowledged duty, the burden of it must necessarly be charged upon such as have the only interest and property in the Lands and Rents, within that bounds: so that we may [Page 42]safely conclude, that such Benefactors as these, are so far from deserving such a Pri­viledge over the Church, and her L [...]berties thereby, that (as our Blessed Saviour says) when they have done all that is Commanded them to do, Luke. 17. they must acknowledge themselves, to be unpro­fitable Servants, and that they have done no­thing but what was their duty.

VI Next, such Heretors and Proprietars, tho' the whole charge does Naturally ly upon them, yet they have alwayes the concurrence, of the rest of the Inhabitants of the bounds (tho' these have no interest of property in the Lands) And thereby a Proportional and per­haps a greater releife of the burden: So that such Benefactors do not in that case so much as their duty oblidges them to do, and therefore they do still less deserve such a priviledge.

VII. Lastly we do not find that any of the People or Princes of Israel such as David, So­lomon for all the vast expence of treasure, they laid out, upon the building and repair­ing of the Temple at Jerusalem once and a­gain, or upon the many Synagogues, that were spred up and down the Land, some whereof were built, at the privat charge of single persons, Luke 7th. And those Strangers and Foraigners too, who were under [Page 43]no obligation, by being born within the Land so to do; I say, we do not find, that any of those Princes or people, for all the vast expence they were at, did ever lay claim to the least shaddow, of such a priviledge, in reference to the Call and Maintenance of the Officers of the Church

VIII. And under the new Testament, we find as little mention of such a priviledge; for all the large possessions and donatives that were bestowed by the faith­ful, upon pious uses, Acts 4.32: to the end 2 Cor: 8: Philip: 4: Rom. 15.1. Cor: 4. Gal: 6. were given freely and frankly, without reserve. The practise of Ananias and Saphira, and of Simon Magus, do indeed look another way; But sure I am, neither their actions nor appro­bation, will incline any man that is not alto­gether deserted of God, to an imitation of their example. The native use we are to make of these Beacons, so early set up in the Christian Church, is to Caution us from Steiring near these rocks, on which they Split.

IX. The second sort of Benefactors menti­oned, viz those who confer favours on the Church, per modum Eleemosynae, or by way of pure almes and free Charity, are such per­sons as having no civil interest or estate within [Page 44]the bounds, do build a Kirk, or dote the same with a maintenance more or less, meerly from a principle of Compassion to the people, who dwell therein, and perhaps ly at a great dis­tance, or otherwise inconveniently, for other meeting places of publick worship; with a single heart for advancing the Glory of God, and for promoting the spiritual interest and welfare of the Souls of his people. These tho' they be the only persons, that can be said to confer real favour on the Church, and to do true acts of Charity, and so may seem to have a much faiter pretence to claim the Right of patronage, than any of the other Be­nefactors; I mean the first Donors themselves (for as to heires and successors, they are terms very unsutable in this affair, as I have already hinted, and shall yet farther cleare) yet with all, we must still conclude, that even those can be allowed no such priviledge.

X. First, because the design and nature of such good deeds, can never be constructed so, as to deprive the Church of her freedom of E­lection, which she enjoyed before such a grant: For this would truely bring those Benefactors under the guilt of a design of Robbery, which is absolutely inconsistent with, and destructive of the nature and design of Charity.

XI. For if such favours be really conferred [Page 45]on the Church per modum purae Eleemosynae, or by way of pure Charity, there can be no­thing more unsutable, to the nature or design of alms-giving, or more destructive of it, than either to assume, or expect, a recompence of gain, applause or any other temporal reward; and much less can such an enslaving privi­ledge, as this of Patronage be expected: For almes as almes, look for no recompence or reward, from those on whom they are bestow­ed, Job 31.16 to 24 Job: 29.13. proverbs 19: 7. mat: 6 save that of a bles­sing from the Lord, to whom Gifts of that nature are said to be lent, and who hath en­gaged to repay them accordingly. And the or­dinar reddendo of pia animarum suffragia, from those who receive the Almes, cannot be otherways understood, in any sound sense. Thus Job glories, that the Blessing of him that was ready to perish, came upon him: And surely, he that takes or expects any o­ther return hath his reward (as our Saviour sayes) and can expect no other. So that he who by such good Deeds, expects to ob­tain either a Jus Ʋtile, or a Jus Honorifi­cum, especially that part of it, which is so prejudicial to the Church, viz. the Patron's negative Interests, in the Election and Main­tenance of the Ministry, seems to say as much [Page 46]as that he neither is that chearful and liberal Giver, whom the Lord loves: nor that he looks upon God, who hath promised to pay and requite him, to be a sufficient Pay-ma­ster, and therefore that he will betake him­self to a recompence, by this unsutable re­serve.

XII. Secondly, That which is once given away, and consecrate to the Lord for pious Uses, is no more his that gave it, as is clear from the case of Ananias and Saphi­ra, Acts 5. and therefore no man can ex­pect to retain any private Interest in it. It is e­legantly said by Emanuel Comnenus the Emperor, Novel. 1. de execut. Test. Christum haeredem scribere qu [...]s videtur, cum pauperibus substan­tias suas dividi praecipit: cum en [...]m Mendicans accipit Christus astat, ac una cum illo manum porrigit: Quatenus nam (que) inquit, uni ex minmis hisce meis fratribus fecistis, mihi fecistis, &c. That is a man seems to design Jesus Christ for his Heir, when he ordains his goods to be distribute to the poor, for when a beggar re­ceives Almes, Christ himself stands by, and stretcheth forth his own hand with him, for in as much (says he) as you did it to the least of my Brethren, you did it to me, &c.

XIII. But to clear this yet farther, it may be observed, that any Right a Patron can pre­tend [Page 47]to give a Pastor, to his maintenance, is quoad the Pastor, but a groundless pretence, and so a super vacaneous and useless grant, the Pastors Right to his maintenance, being ful­ly established in his person, by his lawful Call to the Ministry, and his faithful discharge of it: So that unless the Patron will pretend, that he can put a Minister in a spiritual ca­pacity, and so claim the power of Ordination, (which is indeed Christ's Power committed to his Ministers) as well as that of Election, he can give him no right to his maintenance, but such as will be superfluous: For as abundan­tia non vitiat, so neither does it strengthen or confirm a right: And tho' what the Patron gives, should be granted to be a confirmati­on, yet it can give no new right, (con­firneatio enim nihil novi juris addit, sed an­tiquum jus tantum roborat) it being the Pastors spiritual capacity, Mat. 10.10. Gal. 6.6. 1 Tim. 5.18. and faithful discharge of his duty, and that only, which gives him a full and un­questionable Title to his Wages.

XIV. Next it may be observed very Na­turally, that if what a man hath once given a­way and devoted to the Lord, for pious uses, be no more his that gave it, then certainly the founder of a benefice, cannot expect to retain to himself, and much less to his heirs and suc­cessors, [Page 48]a negative Interest in the maintenance of the Ministers of the Gospel, with so little use and advantage, and so much prejudice, to the Church. And therefore tho' such Acts of Favour and Charity, as are freely and gratui­tously bestowed on the Church, seem to plead more for the Rights of Patronage, than such as are done, per modum debiti, or for satis­fyng of a Moral duty, and obligation, to which the Donor or Founder was previously engaged; yet there is none who perform such Acts, out of the singleness of their Heart, and from a true principle of advancing the Glory of God, and a sincere motive of Compassion, to their poor Brethren, that will sciens volens, wit­ting and willingly, desire or expect a Privi­ledge, so useless and yet so hurtful to the inte­rest of the Church, and the good of Souls. This were indeed a Flie in the Appothecaries Oyntment,

XV. The thrid sort of Benefactors, to wit, those who confer Favours on the Church, partly per modum debiti, and partly per mo­dum Eleemosynae, partly by way of debt, and partly by way of almes, and free Charity, are such persons as have some civil interest and estate, within the bounds where the Kirk lyes, but not the whole. And therefore their building or doting of a Kirk, is neither [Page 49]wholly Duty, nor wholly Charity, but part of both. They being indeed previously oblidg­ed thereto, but are not oblidged to do it alone, and without the Concurrence of the rest of that bounds, for bearing their share of the common Burden; seing he that so dots or builds is but one of many having interest. And those Benefactors can as little as the former, expect to be gratified with the Priviledge of Patro­nage, for the Reasons already mentioned. For if neither he who acts in such matters wholly per modum debiti, nor he who acts wholly and intirely per modum Eleemosynae, can with any reason assume or expect such a priviledge; Then also by a necessary consequence, he who Acts in bestowing such favours on the Church, partly the one way, and partly the other, hath as little, if not less ground than either of them, to expect or assume the same.

XVI. There is a fourth fort of Benefactors (if they deserve the Name) and those are such, as do their good deeds, meerly out of ostenta­tion, and from a Pharisaical principle of Va [...]h glory & to be seen of Men, to gain the applause of the World, and not to advance the Glory of God, or the good of his Church. And for the most part those Men bestow their Favours, where there is little or no need, seldom or ne­ver consulting, how, or where, they may place [Page 50]them, with most advantage for the publick good, but satisfie themselves, if they can place them in such a way, as they may bear most bulk in the eyes of the World. This is a truth so undenyable that it was certainly from this vanity, that the Monastries, Nunneries, Ab­bacies, Pryories, Cloysters, &c. both in this and other Nations, before the Reformation from Popery; and in other Popish Countries to this day, were endowed with so many rich livings, that in some places they possest near, or above a third of the whole Land, in others near a full half, as the devotion (as it was then termed) or rather the superstitious folly, of a simple and ignorant People, and the in­fluence and interest of a cheating and idle Clergy, inclined them. Thus many Church­men turned in effect to be Temporal Princes: And generally the interest of the Clergy in the Legislative Power, and Ex­ercise of the Government of these Nations, be­came very large upon the account of the great Interest and Authority they enjoyed, by such ample Revenues and Possessions, which was the true Criginal, of making the Clergy the third Est [...]te in the Conventions and Geveral Councils of St [...]te, both in these Lands, and else where. Lut those Benefactors, if they may be so named, are so fully exposed by [Page 51]our Blessed Lord, in that 6. of Matth. and elsewhere, Matth. 6. that it will be needless to insist any farther upon them. And certainly this sort of men less than any of the former, deserve any trust or privi­ledge in the Church of God; Their vanity and self-seeking, which is the principal, or ra­ther the only Motive and Design of all their Actions deserves much rather the Censures of the Church, than any encouragment, by trusting them with a power, that they are utterly incapable to manage with any measure of Wisdom or Discretion, which are Qualities that men of such a vain and osten­tive humor, are seldom or never blessed with.

XVII. As for the last sort of Benefactors, To wit, such as from an opinion of Merit, con­fer such good Offices on the Church, thinking thereby to deserve life and happiness at the hands of God, and going about to establish their own righteousness by the works of the Law; it is little wonder that such men, who do so highly injure and rob our blessed Lord and only Saviour, of the honour of that com­pleat ransom and satisfaction, payed by him to divine Justice, for the sins of his elect, as to think that they can merit eternal felicity by their own works, which is to say in effect, that they will be their own Saviours, and that [Page 52]Christ died in vain; I say it is but little won­der that such men should expect to be gratifi­ed, with a power to encroach upon the rights of the Church, and to rob the members of Christ, of their spiritual liberties and privi­ledges, as well as they have robbed the Glori­ous head of his due honour. But sure I am, there is no sincere Christian in the Church of God, but will think a priviledge of this nature, worse bestowed upon those, than upon the worst of the former sort of Benefactors, And therefore I shall say no farther as to them,

XVIII. Last of all, as this pretence of a Reservation, is of no weight in favours of the first Founders or Donors themselves, whether they confer such good offices gratuitously or otherways, to give them the acclaimed rights of Patronage, in Retribution and recompence; so it hath much less force, to continue the same in favours of their heirs, or others who succeed them on a singular title of Donation, Sale, Permutation, &c. For as those may be very far from being indowed, with the merits and qualifications, of the first Donor; so for the most part, they are so far from tracing his footsteps, and example, by gratifying the Church, that with all their hearts, they would be content, if it were in their power, to void and nullifie, their Predecessors deeds. And [Page 53]as in civil offices, it is, or ought to be, the merits or qualifications, of the Office bearer himself, that is respected in giving him the trust, nam in officits Personae industria respicitur, which also is the main reason, why regularly, a Judge or Magistrat, transmits not his office to his Heirs after him, nor substitutes another in his place: So much less in Ecclesiastical offices (such as the Canonists pretend the power of Patro­nage to be) and trusts that concern the Spiritu­al interests of the Kingdom of Christ, and the good of Souls, ought the same to descend to heirs or others acquiring right upon a sin­gular title.

SECT. VI. The Reservation pretended can be no ground, for the Jus Utile of Patronage.

I. AS to what may be alledged from this pretended Reservation, for foun­ding of the Jus Ʋtile of Patronage, or ra­ther the utilitas hujus Juris, whereby the Canonists pretend, that if the Patron or his Children become poor, so as they cannot live another way, they must be alimented out [Page 54]of the Rents of the Benefice, as some sort of a Retribution, for their having gratifyed the Church, when they were in power, tho' this may be sufficiently cleared by application of the Grounds already mentioned, yet I shall desire the Reader farther to consider these things.

II. First, that if this Jus utile, be a right to which the Patron will needs pretend a valid and legal Title, so as he may pursue for it, by an ordinar action at Law, before the civil Magistrat, as he may do for other in­terests, that fall within his privat patrimony, I do not see, how any such right can be allowed: For tha which is once consecrat, and devoted to God for pious uses, is no more his that gave it, as we have cleared from the fore cited in­stance of Ananias & Saphira &c. And therfore no man can retain any privat interest in it.

III. Next, if the Patron or his Children be really in necessity, and restrict the right pre­tended to a claim in point of Charity, I think no man will deny, but there lyes an obli­gation upon the Church, to extend their Cha­rity to them, in giving them a portion of these goods that belong to the poor, as far as she can, without prejudging of others, who may deserve her Charity, as well, and perhaps better, tho' on a different account. But in [Page 55]such a case this Claim must not be allowed so far, as to exhaust what was given at first; for this were indeed to drain the fountain of Cha­rity; which would be a misericordia crudelis (so to speak) an unjust and cruel mercy. It is a general rule in the disposal of Charity, to do good to all men in need, Galat: 6: 10: but still with a preference in, favours of such as are of the houshold of Faith: one part of duty, must not shoulder out an o­ther, Christian prudence must be adhibit as much in this, as in other matters. And as the Canonists them selves do grant, that the Patron is not to be alimented, except when he is truly in necessity; so many of them acknow­ledge, that even then he is only to be entertain­ed out of such goods as are destinate for the use of the poor, and so as his part of Charity do not prejudge others. Patronus non est alendus, niside residuis duntaxat quae alias sunt pauperum.

IV. Lastly, this is a right so personal to the Patron himself and his family, that it can never be bought and sold, or be transmitted to others, who acquire right upon a singular Title: And so many of the Canonists deter­mine this Jus utile, to be a right meerly per­sonal, et adeo Iuhaerens ossibus Patroni, ut in alium transferri nequeat: for otherwise [Page 56]the Church upon this account, might be ob­lidged many times, to aliment both the Pa­tron himself, and those who acquire right from him, if both should happen to fall poor at the same time.

SECT. VII. The denyal of Patronage can be no discou­ragement in gratifying of the Church: something obiter of the Dilapidation of the Church's Patrimony.

I. AS to the latter part of the Ground proposed, for a Foundation to the Rights of Patronage, to wit, that the deny­al of the Priviledges acclaimed, will prove discouraging for any to gratify the Church for the future, tho' by what is already said, it be sufficiently answered, yet I shall add,

First, That it is most certain, that such as look for no higher reward and encouragment, than what a Priviledge within time can give them, and set not their Hearts on the promises of God, for the reward of a more enduring Sub­stance, than what a present World can furnish [Page 57]them with, will never be capable to perform the least Act of pure and cleanly Charity, which those only who betake themselves to the true grounds of encouragment, in the pro­mises and word of God, and are free of low and selfish ends, can practise.

II. Next, the assuming of such a priviledge as this, over the Church, will be so far from being an encouragment, that upon a serious and con­siderat Reflection, we shall find, that as such an usurpation does highly injure the interests of the Church; so it will much more endamage those that are guilty of it. by making a Forfei­ture of the rewards that the Lord hath promi­sed to true Acts of Love and Charity, flowing from sincere principles and motives, and for single and honest ends: and may provock the divine Justice, to pour out his wrath up­on them, and their families, for keeping up humane inventions in the matters of God, so prejudicial to the true privileges and interests of his Church. But this we shall have occa­sion to clear farther, in the progress of this dis­course.

III. Next, if these be the only terms and con­ditions, on which men will gratifie the Church, that she subject her self and her spiritual Liber­ties, to such a yoke of Slavery, as this Privi­ledge imports, I am sure the Church will be [Page 58]better without such Favours, than with them.

IV. If there were once a reasonable com­petency settled upon the Church, for the maintenance of her Pastors, and other pious and necessary uses, or if what was once settled, and sacrilegiously taken from her, were again restored, and that faithfully administrat with­out dilapidation, and misapplication; there would be but little need of encouragement, for any farther additions. It hath been observed in all Ages, That excesse in this matter, hath been more fatal to the true interests of the Church, than any defect could be. Too much tends to introduce a depravation of Life and Manners in Church-men, and by a necessar connexion, also a Corruption in Worship and Doctrine: If Wordly riches, had been proper for advancing the work of the Gospel, our Lord Jesus Christ, who was Lord of all, had never been so scant in his allowance to his Dis­ciples and Apostles. It is an old observation, that when the Church had but Lignei calices, she had aurei Episcopi, and when she got golden chalices, she got wooden Bishops or Pa­stors. The sense is easily understood, tho' it be not exactly literal. So true it is that Religio peper it divitias, & Filia Matrem de­voravit. Religion brought forth Riches and the daughter devoured the Mother.

[Page 59]V. Lastly, to say that the denyal of the priviledges of Patronage, is the cause of this discouragement, Is but the Fallacia non cau­sae pro causa; for the truth is, that which is the only cause of Peoples discouragement, in the bestowing of their goods for pious uses, is the scandalous and sacrilegious mismanag­ment, of the uncontraverted Patrimony of the Church, by misapplying it contrary to its de­sign and nature, of which there are no sort of Men under Heaven, so guilty, as many of the Patrons are. The Lord himself tells his Servant Moses, no devouted thing, that a man shall devout unto the Lord of all that be hath both of Man and Beast, Levit. 27 28. and of the feild of his possession, shall be sold and redeemed, (and much less sacrilegiously rob­bed) every devouted thing is most holy unto the Lord. Deo dicata (says Amandus Pola­nus) Ei Sacra maneant, Polanus in Danel. cap. 1. v. 2. nam si Is zelus in Rege idololatrico (scilicet Nebuchadnezare) fuit, ut censuerit vasa Deo Israelis Sancta; non alio quam in sui Dei, seu potius Idoli fanum, infe­reuda, multo magis Christiani Magistratus, bona illa quae tempore Papatus Deo dicata fu­erunt, usibus Ecclesiae relinquere debent: Imo quanto magis Episcopos id facere decet. i. e. That which is once devouted to God, ought [Page 60]to remain Holy to him, for if the zeal of an I­dolatrous Prince, (to wit Nebuchadnezar) o­blidged him to believe that the Holy Vessells of the God of Israel, were not to be otherways disposed of, but for the service of his own God, or rather his Idols temple, much more ought a Christian Magistrat, to leave these goods for the use of the Church, which in the time of Popery were consecrat for pious uses, &c. see and compare this with Ezra, 1.7.8, where all these Vessells are returned to their right and proper use.

Our own Rollock, inveighs very sharply, against the sacriledge of this Nation, in his time, in misapplying to the use of privat Per­sons, what was taken from the Popish Church, and citeth such as are guilty, to answer it, before the Tribunal of the Soveraign and Im­partial Judge of all the Earth: Rollock in Dan. and he tells them that tho' they slight and ne­glect his warning, it shall be a standing witness against them, to render them Inexcusable &c. And our famous and worthy Reformer Mr. Knox, (whose testimo­ny I value above a thousand others) In a letter dated, in August, 1571. direct to the general Assembly at Stirling, speaks his mind very freely on this subject, with all the earnestness & sincerity of a Person, that was looking very [Page 61]shortly to step over the Threshold of time, in­to Eternity. Take his own words, ‘Because (says he) the dayly decay of my Natural strength, threatens me with a sudden depar­ture, from this valley of misery, therefore of Love and Conscience I exhort you, yea in the fear of God, I Charge and Command you, that you take heed to your selves and to the flock of God — And that with the like uprightness, and strength in God, ye gainstand the merciless Devourers, of the Patrimony of the Church. If Men will spoil, let them do it to their own Peril and con­demnation. But communicat ye not with their Sins, of whatsoever state they be, neither by consent, nor by silence, but with publick protestation, make known to the World, that ye are innocent of such robbery, which will er'e it be long, provock God's vengence on the Committers of it &c.’ And I am sure the experience of many Families in Scotland may confirm this. Religione muta­tâ says a learned Lawyer) & sic statu priori inverso, Finkel. hoc.t. Patronus curabit ut bona Ecclesiae, & piis usibus legata, non tantum preserventur, & augeantur, sed ad usum alium aeque pium, convertantur: puta ad cultum alium divinum, ad salutem Rei pub­licae, ad conservandum Ministerium, ad sum [Page 62]Scholarum, pauperes juvandos, Nosocomia condenda &c. i. e. When there is an altera­tion of Religion, and by consequence an inver­sion of the former state of Affairs, a Patron ought to take care, that the goods of the Church, and what is left for pious uses, be not only preserved and augmented, but that they be applyed to other as pious uses: as for the worship of God in a lawful manner, for the safety of the Common wealth, for the maintaining of the Ministry, for the use of Schools, the help of the poor, the building of Hospitals. &c.

VI. I might add the joint Testimony of our own Church, in her Books of Disciplin &c. & many other things. But this being a head that I have but accidentally fallen upon, and a Subject that would lead me our a great length and much farther than the design of this dis­course will allow, I shall leave it. Such as desire farther information, may find enough, and too much, to satisfie their curiosity, in the publick records of the Nation. They may also consult the learned Sir Henry Spelman's tractat de non temerandis Ecclesits, and his larger work of Teiths. They may also see D. Forbes's gemitus Ecclesiae.

SECT. VIII. The Ground of Patronage, from a Grant or Concession of the Church, examined.

I. THe next ground that is urged, for a foundation to the rights of Pa­tronage, is, that the Patrons of Kirks and Benefices, enjoy the priviledge acclaimed, in reference to the Call and Maintenance of the Ministry, by a grant and conces­sion from the Church, and that consequent­ly, it is a Lawful institution and no usurpation, volenti enim non fit injuria. In explication of the meaning of this great and concession, some take one course and some another. For some by this grant do understand, that the Church hath alienat and transferred her right of Election, and divested her self of it, in fa­vours of the Patrons. Other again do under­stand by this concession, that the Patron acts by vertue of a Commission from, and as Impower­ed by the Church, without founding on any higher ground of Property, in the priviledge, by vertue of ane alienation of the right of E­lection made by the Church to him. I shall examin this concession distinctly in both senses, [Page 64]the first in this, and the other in the next Secti­on.

II Before we pass any farther, it may be observed, that this ground adduced for a foundation of the right of Patronage does, evi­dently acknowledge, that the right and pri­viledge acclaimed, is primarly and origi­nally, a Church power, which were enough without any farther to take off this pretence.

III. But to come particularly to the first sense, in which this pretended Concession may be understood, viz. that the Church hath a li­enat her right of Election, and divested her self of it, in the Patrons favours, it is to be con­sidered,

First, that the Church is utterly incapable to alienat or transfer her Spiritual rights, and priviledges, or to divest her self of them: these are interests that are not at her desposal, she be­ing only intrusted by Jesus Christ her sole King and Lawgiver, with the custody and ad­ministration of them, for the good and edifi­cation, of the present and succeeding generati­ons. These rights are founded upon a higher Title, than that they can be altered and trans­mitted from hand to hand, by pactions or promises betwixt man and man. In such cases the Church can do nothing against the truth, [Page 65]she is not therein sui juris, 1 Cor. 6, 20, and 7; 23. ye are not your own, (says the Apostle,) ye are bought with a price, be not ye the servants of men, do not en­slave your selves, by losing your Rights and Liberties. The Church can no more make o­ver her Spiritual Rights and Priviledges, or subject her self to strange Lords & new Lawgi­vers therein, than a woman can make over the right of her Body, which only belongs to her Lawful Husband, or an Innocent person, the right of his life, to a Murderer, nemo est Do­minus suae vitae aut suorum membrorum, or than a Prince, the rights of his Crown and Kingdom, and the liberties of his People to a foraign power, or a person in Non-age, the right of his estate (as the Apostle expresly tells us, That the heir differs nothing here from a servant:) or in a word, then the Admi­nistrators, and Governours of a City and Com­munity, can Alienat the Rights of their Con­stituents. All these and many other acts of the like nature, as to the translation of pro­perty are but frustraneous & ineffectual endea­vours, like a man's attempt to raise a weight that is without, and above the compass of his natural strength, Grave saxum Sysyphon urget.

IV. And tho' de facto, such attempts may oft be made, yet de jure, they are void and [Page 66]without effect. And let the conveyance be exprest under what termes, and carried under what cover or disguise you will, the right stands still Immoveable, and remains where it was at first, nemo potest nisi quod de Jure potest, we can do nothing against the truth but for the truth.

V. It is our Lord Jesus Christ and he alone (who is the Church's only Head and Law­giver) that hath power, to settle the rights and priviledges of his Church, in such hands and such order, as his infinite love and wisdom thinks fit. All the right and power the Church hath in these, is only a naked Trust, to keep and manage them, according to the ap­pointment, and instructions of her Lord and Master. And when she exceeds that, she de­bords and goes beyond her Commission, so that all the transmission she can make, is but Jus a non habente potestatem, like a grant of the property of an estate, by a person, that hath no other right to it, but a naked commission to uplift and collect the rents, for the use of the true Proprietar: And therefore the Church without her Lord and Head's consent, can alienate or divest her self, of none of her rights and priviledges, that have been purchased to her, at no less rate then the precious Blood of the eternal Son of God. And as there is not the least ground to pretend, that ever [Page 67] Jesus Christ, hath given such a consent; so there is far less ground to expect, that ever he will give it now, after he hath sealed his last will and testament, in all things that concern the Kingdom of God, by his own death: and hath declared, that he will have it stand firm and unalterable, by men or Angels, till he come again. The Church can no more divest her self of the right she hath to elect her own Office-bearers, than she can transfert the In­heritance of the Kingdom of Christ, to which that liberty is annexed. And happy is it for the Church and Saints of God, that their stock and Inheritance, is not in their own hand, and at their own disposal. math: 6.13.20 luk: 12:33. It is far better secured, their treasure is lodged, where neither moth nor rust does cor­rupt, nor theives break thorow and steal.

VI. And as our Lord Jesus Christ, hath the only right of property and power of dispos­al of the Church's rights and priviledges, so he is the only just and true Proprietar of her rents and patrimony: and when an office vaiks, the rents return to the Church her self, as Proprietar under Christ, to be disposed of for other pious uses. And therefore if the an­cient Canons have not only discharged the alienation of the Church's goods or temporal patrimony, but hath expresly declared all con­tracts [Page 68]relative to such alienations utterly void and null, and have declared that the goods so alienat are still the Church's own, Concil: ancyrom. can. 15 &c. notwithstanding of such Bargains and Transactions; how much more must the Church be incapable, to alienat or divest her self, of these Spiritual Rights and Priviledges, conferred upon her by her Head and King, and by him purchas'd, at no less Rate, than the price of his own most precious blood.

VII. And as de jure, The Church cannot make any such alienation of her Rights and Li­berties, so it is positively denyed, that ever she hath de facto made the same. But on the contrare, it is most evident, that like the be­trothed, dent. 22: 25. and yet ravished Dam­sel under the Law, she cryes and groans to the Lord, under the burden of such an unjust force, and grievous usurpation, as this pretended priviledge of Patronage is, and shall be demonstrat to be.

SECT. IX. Afarther Examination of this pretended Concession.

I. THe second sense, in which this pre­tended Grant, or Concession of the Church, as to the Right of Patronage, may be understood, is, that the patron acts by vertue of a Commission from, and as Impowered, by the Church: without founding upon a right of property, in the power of Election, by vertue of an Alienation of it, made by the Church. As to which, these things may be considered.

II. First, that in this sense also, the asser­ters of this concession, do clearly acknowledge, that the patron acts not, in reference to the Call and Maintenance of the Ministry, Jure proprio, and by an intrinsick power, but by a power derived from the Church, and that therefore, it is the Church and not he, that hath the proper and original right, to meddle in these matters. And consequently that the fountain, of the patron's power, is no civil, but a Spiritual and Ecclesiastick right. And the true and natural consequence of all, is, [Page 70]that therefore the Patron ought to follow the Church's inclinations, and not his own, in the management and administration of this power; and ought not to tye and oblidge the Church to follow his will and pleasure in it. And next it follows as natively, that since the power, by which the Patron acts, is acknow­ledged to be a Spiritual, and Ecclesiastick power, therefore he cannot without the grossest Symony, fell and make Merchandice of it, as he may do of other things, that fall within the compass of his privat Patrimony.

III. In the next place, it is to be considered, that the Church hath as little warrand, to be­stow such constant, general, perpetual, & unac­countable Commissions (especially upon such as are none of the ordinar Officer-bearers of the Church) in reference to the Election and Maintenance of a Gospel Ministry, as she hath to alienat, and divest herself, of the Rights and priviledges she hath, to act ther­in. For both these methods of conveyance, doe upon the matter, differ only in degree, which does not change the Kind or Species, but only the gradus ejusdem speciei: or to speak more properly, they are truly one and the same, under different terms. For in effect, a Man may ex naturâ rei, as fully and effectu­ally alienate, and divest himself of his estate, [Page 71]under the terms and disguise, of a perpetual lease or tack, or under the terms of a constant and unaccountable Commission, as he can do by the most formal Right, under the name and terms, of a full and absolute Sale and Alie­nation. There being nothing more clear than that in both cases, the same design of trans­mitting the property, and of divesting the first owner, Is made equally effectual in different Notions and Terms.

IV. But thirdly, if by a power derived from the Church, and by acting in her name, the Patrons understand an acting in the Nature of an ordinar Mandatar and Commissioner, they must give up the cause. For 1. In this case, the Patron must be content (as all Manda­tars must) to subject himself to give an ac­count to the Church as his Constituent, how he behaves himself in that trust.

V. Next, he must likewise be content to sub­mit to what censures, the Church shall think fit to impose upon him, in case he be found to malverss.

VI. Again, he must be content to follow the Instructions of the Church in his actings, and must not pretend to Oblidge the Church, to what he thinks fit, in the management of that Trust.

VII. Fourthly, the Patron must likewise be [Page 72]content, to quit, and lay down his Comissi­on, and to give it up, into the hands of the Church, when ever she shall think fit to re-as­sume the power into her own hand, and to ma­nage it by her self, without the assistance of such a Deputy.

VIII. He must also be content to let this Power and Trust expire with himself, and so exclude his Heirs, and much more such as ac­quire Right from him, titulo singulari, from any interest in it.

IX. And lastly, he must pass from the ve­ry Name, and Title of Patron, seing that (as hath been formerly observed) still implies a Superiority in the Patron, and a Subordinati­on or rather a Subjection and Slavery, upon the Church, over which the Power is claimed and exercised, which is a thing absolutely in­consistent with the nature of a Mandat or Commission. For that on the contrare doth clearly imply, an Inferiority and Subordina­tion of the Person Intrusted, to those from whom he receives his Commission. And there­fore we may confidently conclude, that if the Asserters of Patronage, can find no better foun­dation, than this, to ground it upon, the least breath will be able to overturn it.

X. And as in the former sense, of this pre­tended Concession, so in this also, It is positive­ly [Page 73]denyed, that ever the Church hath grant­ed such a Commission. And the Patrons will find themselves equally straitned to prove, that ever the Church gave such a general and per­petual Commission, as they will be to prove, that ever she made an Absolute alienation of her Rights. It is as certain that she hath never made any such conveyance, as it is evidently un­reasonable, that she should make such a Grant, in either of the senses pretended.

SECT. X. Another ground adduced for the foundation of Patronage from the Necessity of the Jus Onerosum, examined.

I. THe Jus Onerosum ascribed by the Cano­nists, to Patrons, is adduced as a ground, to found both that and the other Rights of Pa­tronage upon. For seing it is very necessar, that some persons of credit and interest, should be intrusted with a power to oversee and take care, that Ecclesiastical Benefices and Li­vings, be not dilapidate and misapplyed, but that the rents and profites of them be rightly imployed for their proper uses; it may be [Page 74]presumed there can no man be found so fit, and qualified, for such a charge, or who will more narrowly, zealously and carefully, notice the matter, than such as have been so piously in­clined, as to bestow a Maintenance and Liv­ing upon the Pastors of the Church: especial­ly if the Pastors be such as are Nominat and Elected by themselves: every Man being Na­turally very careful, to defend & preserve, that which in a manner is the work of his own hands.

II. Tho' this ground may be sufficiently taken off, by what is already represented, yet we shall add some other considerations.

And first, it may be considered that what e­ver force this ground may have as to the first Founders and Donors themselves, and as to this Particular point of preserving and de­fending the Church's Patrimony; yet it hath no force as to their Heirs, or others succeeding them upon a singular right and Title who for the most part (if it were in their power) would be content to have their Pre­deces [...]ors Deeds and Grants, made in favours of the Church, declared null and void. And far less can this pretence conclude any thing, to found the other Priviledges of Patronage, relating to their Negative Interests, in the Call and Maintenance of the Ministry.

[Page 75]III. Next it is but too evident, that what­ever be pretended, this care for Defence of the Church's Patrimony, from Dilapidation and Misapplications, is the least part of the Pa­tron's business, or concernment. All the care he takes in this affair, being meerly, that no Body shall have Power to Dilapidate, or Mis­apply the Church's Rents and Livings, but Himself. And certainly in this respect, the Power of Patronage, may most justly and de­servedly, be termed a Jus onerosum, a very grievous and burdensome power to the Church of God: so that if there were a particular Of­fice, appointed for preventing the Dilapidati­on and Mismanagement or Misapplying of the Church's Patrimony, and for punishing of such as should be found guilty of it, I am sure, there is no sort of Men in the Nation, that would feell the weight of Justice, more deser­vedly, upon that account, than the most part of the Patrons themselves, who, as they are de Facto, guilty, with many other Sacrilegious Impropriators, of the Dilapidating and Mis­application of the Church's Livings & Patri­mony, without the least colour of Material Right, so they do pretend (as we may have farther occasion to observe) that de Jure, they may lawfully retain in their own hands, what­ever part of the Benefice, they can agree with [Page 76]the Intrant to allow: And that in the cases of vacancy, the Fruits and Profites of the Bene­fice, must return to their own private use.

IV. But thirdly, the defence of the Church, in her Rights and Patrimony, and in her Liber­ties and Priviledges also, Is indeed a thing ve­ry necessar, and desireable, and therefore it is a duty incumbent, not only on every Christi­an in power, in their several stations; but in a special manner, upon the civil Magistrat, who by his office is the Church's Nursing Fa­ther. And not only is it the duty of all Magi­strats, but their Honour and Profit also, and it will likewise be their Comfort, that they have imployed all their Power and Interest, and brought all their Honour and Authority, to the New Jerusalem, for whose good our blessed Lord took upon him, the state of a Ser­vant, and sends forth his Angels as ministring Spirits. But any power the civil Magistrat hath in these matters, is only a power circa Sacra, and no power in Sacris, with reference to a Negative Interest in the Maintenance of the Ministers of the Gospel, to which, they have a full and better Right, by vertue of their Spiritual capacity, and faithful Discharge of their duty therein, than all the Powers on Earth can give them. The Magistrats power is only Cumulative, whereby he may confirm [Page 77]and maintain, the Rights and Liberties of the Church, but no way privative of them. He may, and ought to interpose his Interest and Authority, for her defence in the injoyment of her Rights, but can neither deprive her of them, not confer or confirm the same, in fa­vours of any other, that usurps or invads them, to her prejudice.

V. Fourthly, it is the constant opinion of Divines, that the Church herself, hath power to censure, such as are guilty of Symoniacal or Sacrilegious Dilapidations and Misapplica­tions of het Patrimony. And this they gather by due Analogy, from the Apostle Peter's in­flicting, Acts 5, Acts 8. of the punishment of Death upon Ananias and Saphira, for their Sacrilegious Concealments, of what they had Consecrate to God for the use of his Church: and from the carriage of the same A­postle in the case of Simon Magus, from whom the crime of Simony derives it's Name.

VI. But beside all this, the word of God as it is compleatly perfect in every thing, so it is noways deficient, in settling institutions pro­perly Ecclesiastical, for the oversight of these matters. For in the Primitive and Apostolick times, we find, that the care of the Collecting and Distributing of the goods of the Church, was committed to the Deacons, who being [Page 78] ordinar and standing Office-bearers in the Church, were countable to her, for their Ad­ministration, and Censurable by her, in case they were found to Maleverse. These Office­bearers had truly a kind of power in Sacris, or a lawful warrand to medle with a thing Conse­crated and Devoted to God, for pious uses. And as this office was in it self most useful, and necessary in the Church, and founded upon a lawful warrand, so it was ordinarly exerced by Men of Credit and Interest; Acts. 6, 1 Cor. 12, 23, 24, 25, 28. and such as were Eminent for Piety, as is clear from, 1 Cor. 12. And it is to be regrated, that the Church, for want of a Maintenance to such Officers, stands depri­ved for the most part of their patrociny and protection

VII. They are styled in the Scripture [...], a word Importing the standing over against a Man for help in the lifting of a burden, that is too weighty for him alone. And is a term that very properly, and more fully and signifi­cantly, expresseth the Nature and Design of this Office, than any word in our Language can. For without such helps. (so our Trans­lation renders the word) who may take upon them, the care of collecting, and dispensing, what was bestowed upon the Church for pious uses, the work of the Ministry could not but [Page 79]meet with many Hinderances and Obstructi­ons. For when the Pastors of the Church, like the neglected Levits, Nehem. 13. must flee every one to his field, and be en­tangled in Secular Affairs, and Law suits, for recovery of their Livings, how is it possible that they can wait upon the duties of their fun­ction, as they ought? the diligent and Faithful discharge of the Ministerial Office is of it self, without the unnecessar addition of other civil Affairs, of so great a weight, and requires so much assiduity, and application, that it made even the Apostle Paul himself, one of the greatest and most eminent Ministers, that ever the Christian Church had, cry out, who is suffi­cient for these things? or how is it possible when the Pastors of the Church, 2 Cor. 2: 16. are so in­veigled in civil business, and debates, but they must turn cold and faint in that edge and zeal, that renders them useful and pro­fitable Labourers in the Lord's Vine-Yard?

VIII. And tho' this office of Deacons, may seem to be among the lowest, yet in the pri­mitive times, it was of no mean account; Men of the best note and consideration, for piety and wealth, were ordinarly intrusted with it, as is clear from that fore-cited place: And that because of the great use and necessity, the Church had of them: And therefore in [Page 80]Diaconis, potius quam Pastoribus, elegendis, curandum ut caeteris paribus, lautioris For­tunae Homines, qui infimum hoc officium Or­nent, eligantur. Our own Church also, in the second Book of Discipline, Dicks in loc. treats at large, of this office, and of the charge of the Church's goods thereto In­trusted.

IX. From all which we may very safely conclude, that tho' the care of the Church's Patrimony be no way to be neglected, yet there is no necessity, to erect a particular office for that end, distinct (as the Canonists would have it) from all Civil and Ecclesiastical offi­ces of Divine Appointment and Institution, with which the Church and People of God are abundantly provided, as far as there is any need, by the infinite Love and Wisdom of Jesus Christ her only Head and Law-giver. This were indeed a most direct species of super­stition to devise New and Onerous Institutions supra quod statutum est. And far less is it neces­sar to invest any Office bearer of this Nature, with such an additional Priviledge, as is claimed by the Patrons of Kirks and Benefices, in refe­rence to a negative Interest in the Election and maintenance of the Ministry.

SECT. XI. Patronage is no institution of Divine appoint­ment, but a manifest usurpation.

I. BY what hath been said, it sufficiently appears, how groundlels this Right of Patronage is, which might be enough with­out any farther, to Justifie the proceedings of the Publick Authority of the Nation, Anno. 1649, in the abolishing of this Priviledge: But that the Injustice, as well as Groundlesness of this Right, may yet more appeare, I shall in the next place, according to the method pro­posed, offer some clear and convincing rea­sons against it, wherein I shall shun the repeti­tion of what I have already said, and keep the same plainness, I have hitherto observed.

II. The assertion we undertake to prove, is clearly this, That the Patron's pretended Priviledge of a negative Interest. &c: about and concerning the Call and Maintenance of the Ministers of the Gospel, claimed by the Patrons of Kirks and Benefices, is a sinful and unjust usurpation, without warrand from the word of God, destructive to the true Liberties and [Page 82]Interests of the Church, and most scandal­ously offensive to all ranks of Christians therein: as I think may be clear from these Grounds.

III. First, this pretended Priviledge is no Ordinance nor Institution of our Blessed Lord, There being no ground from Scripture, either by Promise, Precept, or Example, for invest­ing any single Person, with such a Priviledge, as the looking out, Nomination and Election, of the Ministers of the Gospel, the principal Of­fice bearers of the Church of Christ: neither is it so much as pretended to be founded upon Scripture. It being confessedly of a farr later date and all that is alledged for it, is nothing else but some surreptitious Edicts, Canons and corrupt Customes, which (as Doctor Forbes of Corss terms it) non leges sunt, sed labes. And therefore for any man or Angel, to give or assume such a priviledge, In Epist: ante tract: de Simon: where our Blessed Lord the Church's only King, & Lawgiver, hath not gi­ven it, as a most sinful usurpation, over his Crown and Dignity, and a bold Invasion upon the Rights of his dearly purchased spouse.

IV. In all the Catalogues of the Officebear­ers of the Church mentioned, Rom: 12. 1 Cor 12 Eph: 4. in the Scripture, there is nothing like a Patronage recorded. And if those Priests who Married the Daughters of Barzillai, and were called by their name, Ezra 2: 61. were [Page 83]Justly counted as polluted, and were re­moved from the exercise of their Office (tho' Lawfull in it self) because they could not in­struct their descent from the Record; of gene­alogies: And their removal ratified by the sen­tence of the Tirshatha or Governour, and they discharged to Eat of the most Holy things, till a Priest with Ʋrim and Thummim should stand up, and clearly declare God's mind in the case, and so supply the defect of these re­cords: Then surely, and with a great deal of more Reason, ought the Christian Magi­strate, to remove such an unwarrantable In­stitution as this of Patronage, till its Right to medle in the affairs of the Church, be clear­ly instructed, from the Divine records of the Scripture: which I am sure will never be done.

V. This is a ground that will be opposed by none, who own the Scriptures of God, to be the perfect Rule and Square, by which the Government of the Church is to be Regulate. And that our Lord Jesus Christ who is the great and Wonderful Counseller and, the Fa­ther's Wisdom, was Faithful in all his Fa­thers House to him that appointed him: Heb: 3: 2. For as the arrogating of such a priviledge, without warrand from the word of God, is most derogatory to, and a high and injurious reflection upon the infinite [Page 84]Love, Wisdom and Faithfulness of our Blessed Lord, and directly implyes that he hath not sufficiently provided his Church with a compleat method for Furnishing, and E­lection of her own Office-bearers, without calling in the weak and Superstitious devices of Men's invention to her assistance; So such as dare offer to rectifie his Institutions as defe­ctive, or to call in question our Lord's Wisdom and Faithfulness in this, may go a great length to question his ability to save to the uttermost. There is a nearer and firmer connexion be­twixt these, than every one thinks: We see it clearly in the Popish Church: For as there was never a Society in the World, that invent­ed moe superstitious Offices, such as Car­dinals, Arch-Bishops, Bishops, Deans, Arch-Deans, Chancellors, Officials Commissars, &c. with so much Reflection upon the Wisdom and Faithfulness of Christ, as King and Head of his Church; so no Society on Earth, has been more injurious to our Blessed Lord's Office of Priest-hood, in Robbing him of the honour of that compleat Satisfaction, payed by him to Divine Justice, for the sins of his People▪ And it is undeniable, that as both this device of Patronage, and that Anti-evan­gelical Opinion of Merit, owe their Original, to the same corrupt Fountain, so the Church's [Page 85]sad experience can testifie, that they have still been found, to be mutual Abettors & Sup­ports of each other, as we hinted before, and may have farther occasion to observe hereafter.

VI And hence we may safely conclude, that the publick Authority of the Nation, in the yeare 1649, had all the Reason Imagin­able to say, parl. 1649 cap: ‘that the priviledge of Patronage, was an Evil and Bondage, under which, both Ministers and People in this land had long groaned, & that it is a Popish custom, brought in upon the Church, in the times of Ignorance & Super­stition.’ And the Canonists themselves, such as Lambertinus, Panormitan, Pistorius &c. do expresly acknowledge, that Patronage is a kind of servitude, upon the Church. Jus vocationis (says Amesius) nou potest pro­prie esse, vel Episcoporum Dioecesanorum, vel Patronorum, vel Magi­stratuum qua sunt tales, Ame [...]: [...]e cas: con [...]ci­en: cap 25. Parl. 24. quia Christus qui ministerium insti­tuit, de istis ordinibus nihil singulare praescrip­sit, nihil novi juris ipsis communicavit, & Ec­clesiane sine iis optime ordinatam reliquit. That is, the Right of calling Ministers cannot proper­ly belong either to the Diocesan Bishops, nor to Patrons, nor to Magistrates as such: because [Page 86]Jesus Christ who appointed and institute the the Ministry, hath prescribed nothing singular concerning these orders, nor hath communi­cated any new Right to them, and hath left his Church very well ordered without them.

VII. And if these priviledges of Patronage be without Foundation, either from the word of God, or from moral use and necessity (as we have already proven, and shall yet farther clear) They can be nothing else, but unjust and unreasonable Ʋsurpations: And as usur­pations, in all Societies are deservedly very odious; so a fortiori in the Church of the liv­ing God, the most truly free Society on Earth, whose Liberties and Priviledges are purchased at no lower rate, than the most pre­cious Blood of the Immaculat Lamb, and Eternal Son of God, they must be much more detestable. Sure I am if the most emi­nent and judicious congregation in the Land, should claim such a Priviledge, in reference to the choice and maintenance, of the meanest servant in the Patron's Family; He would with a great deal of reason look upon it, as a most intolerable usurpation and oppression. For as our Patrons do maintain, that de jure, they are not oblidged, to seek the advice of either Presbitry or Paroch, to the Nomination and Election of a Pastor, but that both are oblidg­ed [Page 87]to accept the Person whom the Patron pre­sents, if he be found in any measure, exter­nally qualified, for the Office of a Pastor in, general, without any other enquiry or con­sideration; So to do them right, the practice of Patrons in this matter, hath been no way disagreeable to their claims, unless it be to the worse.

VIII. We have but too much Reason to apprehend, that this unjust and unwarrant­able usurpation, is one of these crying Sins, by which God hath been provoked, in his Justice, to lay wast and desolate most of the great fami­lies of the Land. There are many standing Monuments of God's wrath and displeasure, against such as medle in the affairs of his house, without his own warrand and appointment. Saul, Ʋzziah, and Ʋzzab are Recorded among others, not as idle Stories, but as warnings to Men; in all after-ages of the Church, not to partake in their sins, lest they also partake in their Plagues. Ʋzzah had a much fairer and better pre­text, 2: Sam: 6.6 1 Chron: 13: 9 to put his Hand to the Ark of the Lord, than any of our Pa­trons have, for their acclaimed priviledges: He but touched the Ark of God, in a case, where he thought an extreme and indispen­sible necessity oblidged him to it: And yet the [Page 88]Lord will not let his rash and preposte­ous Zeal, pass unpunished, because he Acted without a warrand. For tho' he was a Levite, and as such was commanded to carry the Ark on his Shoulders, (but not on a Cart) yet being no Priest, it was unlawful for him to touch it with his Hand. Numb 4: 15. And therefore the Lord is pleased to single him out, and to make him an example of his Justice and Displeasure, both for the general Sin of the Congregation, in carrying the Ark on a Cart, and not upon the Shoulders of the Levites, and for his own Particular Sin, in stretching forth his Hand, to touch it with­out a Lawful call, tho' his pretext, and the seeming necessity of it, was such, that even David, a man according to God's own Heart, was tempted to fret, at so heavy and unpropor­tioned a Punishment, of so slight and trivial a fault, as he thought this was

IX. And that this power of Patronage, is no institution of God's appointment, may yet farther be clear from this, that all Law­ful powers that are of God, are either Civil or Ecclesiastick and Spiritual. For as to mixt powers, that is, such as are neither purely Civil, nor purely Spiritual and Ecclesiastick, and such as give the Office-bearers of the Church, an interest in the management of Secular [Page 89]Affairs, and give Secular powers, an in­terest in Sacris, we must freely disown them, as having no foundation, either in Divinity, or good Policy, but expresly contrary to both, and as having ever been found by the Church's dear bought experience, to be nothing else, but the weak devices of ambitious and aspir­ing men, to marr the progress of the Gospel, and to bring the Church in subjection to a strange head, Plants that are not of our Heavenly Father's Planting, and most un­becoming the Wisdom of any Christian Church, or State, to tolerat and allow. And certainly as the Magistrate or Civil powers of a Nation, have no warrand, to medle in Sacris, so there is no Conscientious Minister of the Gos­pel, but will find his charge so weighty, with­out any farther addition of secular Affairs, that he must say from the sense of his own weakness, and the great extent of the duties of his Function, with the great Apostle of the Gentiles, who is sufficient for these things? I Ergo tu (saies Bernard to Eugenius) Et usurpare tibi, aut Dominans apostolatum, aut Apostolicus dominatum. Such a mixture as this, is manifestly contrary to the dictates of our Blessed Saviour, who hath expresly told us, That his Kingdom is not of this World but a poor and contemptible handful (in the [Page 90]Eyes of Men) taken out of the World. And therefore as our Blessed Lord ne­ver gave any Instructions or pre­cepts, see Luk 22.25. Math 20.25. John 15.19. to the Civil Powers, to medle in Sacris; so he never gave any directi­on, to the Office-bearers of the Church, for the administration of civil Affairs: But on the Contrary (as we formerly hinted) expresly dischargeth the same. And therefore we may well give such unwarrantable mixtures that sutable Epiphonema, apage hoc mixtum genus hominum, prolemque biformem.

X And that this power of Patronage, is one of these amphibious and irregular Inventions, may be clear, not only from these many con­fused Opinions of these Canonists themselves on this Head, but also from these undenyable Grounds.

For first, that this power of Patronage, is not a power truly civil, may be sufficiently evinced from the Nature of these Acts, in which it is exerced, to wit, the Looking out, Nomination and Election of the Ministry, and the Negative interests acclaimed therein, and in their maintenance: All which are Acti­ons of a Spiritual and Ecclesiastick Nature, and such as by the Holy Ghost, are always given to the Church, and to none other (as we shall see hereafter) And accordingly in the primi­tive [Page 91]and apostolick times, and some hundreds of years thereafter, the Looking out and Electi­on, of the Ministers of the Gospel, was still managed by the Church her self, without the interposition of Patrons: And the mainten­ance of the Ministry, was a part of that trust, in which the Deacons, an ordinary and standing Office in the Church, were imployed, as we have already seen.

XI. And tho' the conveyance and confir­mation of the most part of Patronages, hath been from the Civil Magistrate, by rights un­der the great Seal &c. yet this cannot prove that power to be truly Civil.

For first, no Conveyance or Confirmation of a Right, can alter it's Nature, which it still retains, come thorow what hands it will, and let it be disguised under what terms you please.

Nor 2ly. can any Law or Magistrate, Con­ferr or Confirm, a power that is Materially and in it self Unjust and Unlawful: for it is not enough to make a power Materially Just and Lawful, that it be formally Legal. Shall the Throne of Iniquity (says the Psalmist) have fellowship with Thee, that frames Mischief by a Law? Psal: 94.20. Esa. 10.1. And wo unto them (says the Spirit of God by the Prophet Esaias) that decree an unrighte­ous [Page 92]decree, and who write grievous things that they have prescribed, and it is an acknow­ledged principle, Id tantum quis potest, quod de Jure potest.

And 3ly. These Conveyances and Con­firmations of Patronage, by grants from the civil Magistrate were invented for no other end, but to put the Patton's usurped power un­der the protection of Civil authority, and to be an apron of sige-leaves, to cover the Stain of Symony, with which the Patrons were most justly branded, when they Bought and Sold their usurped Priviledges over the Church, with as little Scruple and Remorse, as they would have bargained for a Yoak of Oxen.

Lastly, this pretence is as Empty and Frivo­lous, for evincing the pretended Rights of Pa­tronage, to be a power truly civil, as if the gifted Brethren (as they are called) should justifie their usurpations, in preaching of the Gospel, and Administrating the Sacraments, by alledging they had a power from the Civil Magistrate so to do.

XII. But in the next place, neither is this Priviledge, a power truly Ecclesiastick or Spi­ritual. For tho' these Acts in which it is exer­ced, be Spiritual and in Sacris, yet this can no more make it a truly Spiritual power, than the like Acts of the gifted Brethren, in preach­ing [Page 93]the Gospel, and Administrating the Sacra­ments, can make their assumed power to be truly Spiritual: Both these usurpations pro­ceed from the same Antichristian and Anti-e­vangelical Spirit.

2ly. If the priviledge of Patronage, were a truly Spiritual power, or office, it could not be conveyed or transmitted, by Birth or Right of Blood. For under the new Testament, there is no such Conveyance or Transmission of Sacred Offices. A Minister enjoyes not his office, by the common Rules of Succession and Birth, and much less a Patron.

3ly. If Patronage were a truly Spiritual of­fice, it could not be bought and sold, as a part of a Mans private Inheritance and Patrimony.

4ly. Tho' the pre tended right and power of Patronage, in process of time, came to it's full stature, by being Authorized in the Canon Law; yet if we trace it back to it's first Origi­nal, it will be found to be nothing else, but a groundless and superstitious usurpation, with­out any warrand from the word of God, or consent of the Church, and manifestly con­trary to all the Ancient Ecclesiastical Canons, concerning the Election of Pastors. Annon cuilibet notum est. Hom. 13. de Resurrect. (says the reverend Beza) pro electioni­bus fuisse in Ecclesiam intrusos [Page 94]Patronatus &c. Tam aperte antiquis Ca­nonibus repugnantes, quam Tenebrae Luci sunt contrariae? Does not every one know (says he) that Patronages &c. were obtruded up­on the Church, in the place of lawful Electi­ons, as clearly against the ancient Canons, as Light is contrary to Darkness.

And in his Treatise de notis Ecclesiae, he in­veighes yet more sharply against such abuses, Collationes (inquit) sive Ordinariae, sive Devolutae quas vocant, & Resignationis Jura, ubi tandem nisi in Satanae Coquinâ sunt exco­gitatae &c. Where (says he) were these In­ventions of Collation, either Ordinary or by Devolution (as they term them) first devis­ed but in the Devil's own Kitchine?

And again, in his Confession of Faith, Beze. confess. fid. Christ. cap. 5. inter tract. Th [...]ol. nun­quam receptum est, in Ecclesiis Christianis jam constitutis, ut quis admitteretur ad functionem Ecclesiae, nisi Liberè & Legitimè electus, ab Ecclesiâ cujus inter-erat. Itaque tota ista nundinatio praesentationum, pleni Juris Pa­tronatus, Collationum, Resignationum, & alio­rum hujusmodi scelerum, a Satina profecta est; quamvis ambigi non possit, quin ista ab initijs magis laudabilibus profecta sint. That is, it was never the custom of any Christian Church already constitute, that any man should [Page 95]be admitted to an Ecclesiastical Function, un­less he were freely and lawfully chosen, by the Church particularly concerned. And there­fore all that Trade and Trafficking of presen­tations, the plenum jus of Patronages, Colla­tions, Dimissions and other wicked Corrupti­ons of that Nature, owe their original intirely to the Devil, tho' it is not to be doubted, but there were some plausible pretexts for their first Institution.

XIII. Lastly if Patronage be a power tru­ly Spiritual and Ecclesiastick, then the Patron must have this power, either as an Office-bear­er in the Church, or as a private Church Mem­ber, and that he hath it neither of these wayes may be thus evinced.

1. As a Church Officer he hath it not, for in all the Catalogues of Church Officers, mentio­ned in the Scripture, Rom, 12. 1 Cor. 12. Eph. 4. there is not the least shadow of a Patron either as to Name or Thing.

2ly. If he have this power as an Office-bear­er in the Church, then he must either have it, as a Church Officer in general, and so it will belong to all Church Officers, and not to the Patron alone, tho' he were a Bishop. Quod enim convenit tali, qua tali, convenit omm tali: or other ways he must have it as such a Church Officer in particular, in which case likewise [Page 96]all Church Officers of that Kind, should have this power also, and not he alone, for the rea­son before assigned, a quatenus ad omne. And the truth is, it is very difficult to conjecture, under what kind of Church Officers, a Patron can have the least pretence, to list himself: but take him to which of them all he will, the power must still be common to all the Officers of that kind, and not proper to him alone.

XIV. And far less can the Patron have this priviledge, as a private Church Member, else every Church Member should have it as well as he; the poorest and meanest Christian in the Church of God, having no less Right to such common priviledges, as are competent to all Church Members in general, than the greatest and richest Patron. I shall not deter­mine how far such an unjust usurpation may stain and blemish the Patron's own Church-Membership: Jam. 2 1, 2, 3, 4. Jude v. 16. Gal. 3.28. Col. 3: 11. but sure I am in mat­ters of common Right, there is no respect of persons, for in Christ there is neither bond nor free.

Sect. XII. The power of Patronage is destructive of the Institutions of Christ, for Election of the Pastors of his Church.

1. AS we have asserted, that Patronage is no divine Institution, and that the Pa­trons have not the right of Electing the Pa­stor's of the Church; so we must also shew, to whom this Right of Election doth properly belong, lest others that have as little Right, may lay claime to it, as it hath fallen out in the matter of the Church's Patrimony, which when it was taken from the Popish Clergy, who had no true Right to it, was not restored to the reformed Church, but to private per­sons, who, (to say no worse) I am sure had as little Right, as the former possessors.

II. And therefore the next ground, that we shall insist upon against Patronage, shall be this, that as this power is no divine Instituti­on, but a manifest usurpation, so (which is worse) it clearly destroyes and renders use­less, the ordinances appointed by Jesus Christ, the Church's only Head, for the Election of [Page 98]the Ministers of his Church: And thereby car­ries with it, the guilt of Rejecting our Blessed Lord, from being King and Law-giver in his own House, and of Establishing strange Lords and new Law-givers therein. For the Patrons Looking out, Nomination of, and pitching u­pon such a determinate person, to be a Pastor of the Church, without the consent of either Presbitry or People, does evidently take a­way the ordinance of a free and unlimited E­lection, of such as may be fittest for such a charge, and most acceptable to the congrega­tion concerned, to be made by the Church Ju­dicatories, and Church of believers respective­ly, each of them acting, what is proper for their several places and stations, as being the only party intrusted with it, by Jesus Christ, the sole King and Law-giver in his own Church.

III. And tho' the Patron may sometimes pitch upon, and present a person of true worth, yet as this is but meerly accidental, and the case does generally fall out quite otherwise; so nothing should be done, to hinder the Electi­on, of one more worthy: And a well qualified Pastor may be one among a Thousand, as it is Job. 33. Is enim eligendus (says Origen) ex omnibus, qui Doctior, qui Sanctior, qui omni virtute praestantior. That is, he that among [Page 99]all is the Holiest in Life, the most Learned, and the most Eminent in all manner of vertue, is the person that ought to be Elected: So likewise the free Election of such, ought to be intirely left to these entrusted by Jesus Christ therwith.

IV. The discerning of the Spirits, and the knowing of the Voice of Christ, in his Called & Sent Servants, is the priviledge of the Church as such, and does fit and qualifie the Church, and not the Patron, to make a due and suteable choice of her Pastors, and therefore the Church, and not the Patron as such, hath only right to medle therein. I say, the Patron as such, hath not the right of Election, for tho' the Patron as a Church-Member, or as a Church-officer, in the Congregation where he lives (whether he be Elder or Deacon) may have that Voice and Concurse in the Election, which the other Members and Office-bearers have, yet as Patron, and under that Reduplica­tion, he can have no such Right as the Privi­ledge acclaimed amounts to.

V. And what ever diversity of Judgment, may be found among Divines as to the seat of this Church power, yet it is agreed upon by all, that write on the Subject, and clearly evi­dent from the Scriptures, that this Power and Right of Election, Acts. 14.23. 1 Tim. 4.14. belongs on­ly to the Church as such, and [Page 100]consequently it cannot belong to the Patron, as a Negative Interest due to him in the extent acclaimed. And accordingly it is clear beyond all debate, that the Church was in the Actual possession of this power and right of Election, for several hundreds of years, before such a de­vice as Patronage, was heard of in the Christian World. This is a truth as evident from Anti­quity as any thing can be, for in all the ancient Councils, Canons, Fathers, and Historians of the Church, there is not the least mention of such a priviledge as this of Patronage. And when ever they have occasion to speak of the Forms of the Election of Pastors, they still set down a method wherein the Church it self does freely Elect, in every thing absolutely in­consistent with the Rights of Patronage.

VI. There is not the least hint in all these Ancient Writers, that with any shadow can be alledged for the power of Patronage. Some thing there is indeed, now and then mention­ed, for clearing and instructing the power of the Civil Magistrate circa sacra: But that is an interest quite different from the Rights of Pa­tronage, and which does not at present fall in our way to debate.

[Page 101]VII. It would be tedious, and to no purpose to offer to prove from Anti­quity, See Padri. Paulo's Hist. of the Council of Trent. Cyprian Epist. 33, 34, 37, 55, 63. Theodoret Histor. tripart. lib. 2. cap. 12. lib. 4. cap. 22. lib: 6. cap. 9. Socrat. Hist. Eccles. cap. 28. &c. Decret. dist. 63. can. Quanto. Can. vota ci­vium & Can. Sacro­rum &c. Chemnit examen Counc. Trident. parte page 408. & seq. e­ditionis Francosurt. in 80. Didoclar, alt. Dama­scen &c. the Interest of the Church, in the Election of her Pastors, since it is a point that I have found very little contraverted. These who are curious may consult the de­bates, even of those Men, whom they call the Fathers at Trent, whereof many (as corrupt as they were) would gladly have had the Church restored, to her pri­mitive Rights of Election, and many others both Po­pish and Protestant Writers, which it would be weariesome to cite.

VIII. But not to insist any farther on these Topicks, let us follow Augustin's rule, Mitta­mus ea quae ab utraque parte dicipossunt, & ad Scripturae judicium revocetur controversia. Agustin. cont. Jul. The clearest and fafest Methods, in Debates of this Nature, which concern the Interest of Christ and his Church, is to decide them by the sentence of the Scriptures, to the Law and to the Testimo­ny, if they speak not according to these, it is [Page 102]because there is no Light in them. Isay. 8.20. Thus we find the A­postles and multitude of Disciples (for so was the Church of Believers then termed) meet to­gether, for the Election of an extraordinary Office-bearer in the Church, viz. an Apostle, And a list made by them both (to wit the A­postles and Believers) of two, Joseph and Mat­thias. But the designation of the particular person for this extraordinary Office, they leave to the Divine Determination by Lot.

IX And if the Apostles who were Instruct­ed by Christ, in all things that concerned his Kingdom, and did accordingly teach the Church practically, and by their own example, Matt. 28.20. to observe all that was com­manded them, conform to their Lord's farewel command, did proceed with consent and concurrence of the Church, and people of God, to the Election of so High and Extraordinary an Officer as an Apostle; It strongly imports that it was their Maste [...] mind, that they should so do, not only in the particular Election of that Apostle, but also and much more in the choice of the Inferiour and Ordinary Office-bearers of the Church.

X Thus we also find, that the Looking out, Nomination and Election, of the Deacons (whose Office is one of the ordinary tho' inferi­our [Page 103]Offices of the Church) is given by the ap­pointment of the Apostles, to the multitude of the Disciples or ordinary Believers. In which Action these things are clearly evident.

1. That the twelve Apostles call the Mul­titude together, and appoint Deacons to be chosen, and also appoint their determinate Number. viz seven; being so many as they judged would serve the Church's need at that time: as also they ordain and lay hands on these Deacons, after they are chosen, and and so state and confirm them in their Office.

2. That the multitude of Disciples or Believ­ers, are left by the Apostles, to their own free­dom and discretion, in the Election and choice of those seven, qualified as the Apostles had directed.

3 That the Looking out, Nomination and Election of those seven, is accordingly per­formed, by the multitude of Believers, In prima instantia, without the prelimitation [...] a previous Nomination, or Choice.

4. That the same multitude of Beleivers present, or (as the word is) set these seven be­fore the Apostles, who ordain and lay hand upon them, and so invest and confirm them in the Office.

XI. And as in all Christ's Institutions, so particularly in this of the Election of the [Page 104]Office-beaters of his own house, there appears a most Beautiful and Harmonious order. For as the Election of the first and extarordinary Officers of the Church, was immediately per­formed by our Lord Jesus Christ, the Chief Pastor & Head of the Church, so the Election of the succeeding and ordinary Officers of the Church, is very consequentially performed, by the inferiour Pastors and Members of the Church respectively, each of them act­ing, and keeping within the limits prescribed, by the Chief Pastor and Head of the Church.

XII Suteable to these excellent Patterns and examples set down in the Holy Scriptures, the General Assembly of this Church, Gen: assemb 1649 sess. 40 in the directory for Electing of Mini­sters appoints the order thereof in this manner.

1. The Presbitry sends one of their own Number, to the Congregation for which a Minister is to be Elected: and he having prea [...] ­ed before them, concerning the necessity of a well qualified Pastor, and the great need that the People have, to be diligent and fervent in Prayer to the Lord, for such; He is to signi­fie to them, that the Presbitry, out of their care for that People, will send them Preachers whom they may hear. But withall, he ad­vertiseth [Page 105]them, that if they desire to hear any other, the Presbitry will endeavour to satis­fie them, upon the sute of the Elders of the Coagregation for that Effect.

2. Within some competent time thereafter, The Presbitry is again to send a Minister to that Congregation, on a certain day before appointed for that end; who having then Preached, and intimat to the People, that they are to go about the Election of a Pastor, the Session is to proceed to it, the Minister that Preached moderating therein. And the Election being made, is to be intimate to the People. And if upon intimation they acquiesce and consent to the Person chosen, then the Presbitry is to proceed to his tryals. But if the People dissent from the Person Elected by the Session, the Presbitry is to take cognition thereof, and after they have fully heard and considered the whole affair, they are to judge and decide in it. And where Congregations are unfit (as in some cases they may be) to make any Election, the Presbitry is to pro­vide them with a fit Pastor.

XIII. Our Reverend Brethren, the Mi­nisters of the province of London, incline to think, that the power of Election doth ordi­narly [Page 106]belong not so much to the People, Jus Divin: regim: Eccles: Pag. 98.99 in margine and Jus Divine: Minist: evang Pag: 12 7. but rather to such as are in Office when Judicially conveened. As for extraordina­ry cases I speak nothing of them For these must have extraordinary remedies. But certainly, dum suppetit remedium or dina­rium, nunquam recurrendum est ad remedium extraordinarium.

XIV. Master Rutherfoord and others do unanimously agree, that what ever be the People's share and interest in the Election of their Pastors, it is indeed a deliberative and approbative, but not an Authoritative Action, yet as is said, it is an Action truly Ecclesi­astical, properly and only belonging to the Church, as such: And that the People are in­deed very nearly concerned, in the right choice of their Pastors, as being the most special ordinary means, appointed of God, for their Spiritual and Eternal welfare.

XV. From all which it is abundantly evi­dent, that the Right and power of the Looking out, Nomination and Election of the Office­bearers of the Church of God, doth properly and only belong to the Church as such, and no way to any single person, upon the account of priviledge, or otherways, call him patron or what you please; and that the negative in­terests [Page 107]of Patronage, are inconsistent with, and destructive of, that unlimited freedom and liberty of Election, granted to, and appoint­ed by Jesus Christ, to his Church, for provid­ing herself with such, as may be most fit and proper for bearing Office therein.

XVI. I need not add after this, that the method of entring the Pastors of the Church by Patrons, marrs that beautiful, constant and uniform order, that appears in all these or­dinances and institutions, of which our Bles­ed Lord, who is a God of order, and not of con­fusion, Is the Author: And therefore we may very Justly conclude, it can be none of his: For by this method of Patronage, some Pa­stors are oblidged to enter by Patrons, and some without them, as in cases where it is doubtful who hath right to Present, or where the Heirs of the last Patron are not entered (as we term it) or as the Civilians term it nondum adierunt haereditatem, And in many other cases, which oft times put both Presbi­try and People to a stand, not knowing how to behave, and in the mean time the Congre­gation must unavoidably lye desolate, at lest for half a Year: for during that time, the Pa­tron, is not oblidged to Present. Again, some must enter by those they call Ecclesiasti­cal Patrons, as Bishops. &c: others by Laick [Page 108]Patrons, whereof some are Courtiers, others Souldiers, or mean and Ignorant Mechanicks. &c. Some must enter by Patrons residing at a distance in the country, others by those that reside neither in the Country nor Nation, yea and some by Women, as hath been former­ly observed: Some by one Patron others by many &c. Ministri (says Doctor Ames) dati sunt Ecclesiae a Christo, ut eadem or dinaria et certa ratione, possint ab omni Ecclesiâ procu­rari: sed si ab alijs penderet vocatio, Ecclesia saepe destitueretur certa ratione sibi ministros procurandi, et proinde talis Ecclesia esset a Christo Jnstituta, quae non esset sibimet suffici­ens in seipsa. de cas: conscien. L: 4 C: 25 25 That is Ministers are apointed by Christ in his Church, that by the same certain and ordi­nary method, they may be procured by every Church: But if the Call of the Ministry must depend upon others, the Church might oft­times be destitute of a certain method of procuring her own Pastors, so that in that case, such a Church should be institute by Christ, as were not sufficient in it self to provide for her ordinary Necessities. which is altogether inconsistent with the infi­nite Wisdom and Fidelity of Christ. And tho' this Author, it may be, understand the Church otherways than we do, yet that makes no dif­ference [Page 109]in the present case. The Argumentis ve­ry cogent in what ever sense the term be taken.

XVII. Nay which is yet worse, this me­thod of Patronage, destroyes, or at least weakens the very nature of a Ministers Call, for the Call of a Minister must be Divine, and not humane, it must be of God and not of Men. The Call of the Apostles indeed, was neither of Men, nor by Men, their Office in the Church being extraordinary, & long since determined. They were called immediately by the Lord himself, to be Ear and Eye witnesses of his Do­ctrine, Miracles and Resurrection, That they might afterwards deliver them to the World. as is clear from Acts 1.23. In which it was im­possible for them to have any Successors: whence it is that the Apostle Paul, calls himself an Apostle born out of Time, Tho' his Call to the Office was immediatly by Christ himself, and he reckoned himself in other respects, to be not a Whit behind the very Chiefest Apostles. But the calling of the ordinary and standing Officers of the Church, 1 Cor: 15.89 10, 2 Cor: ij: 15. such as Preaching and Ruling Elders, Doctors, and Deacons, tho' it be by Men, that is by the intervention of such men, as have divine warrand and Commission to Act therein; yet it must not be of Men, that is, it neither hath its Authority [Page 110]from men, nor must it come thorow the hands of such men, as have no warrand from Jesus Christ, the Church's only Head and Law. giver to medle in it. For this were truly to make them the Servants of Men and not of God.

XVII. And that this method of calling the Ministers of the Gospel by Patrons, makes their Call to be partly Humane and of Men, I think will need but little to clear it, it being evi­dent, that the rise of the external Call (at least) flowes from such Men, as the Spirit of God never breathed the call of his sent Servants by: and to whom the Looking out, Nomination and Election of the Pastors of the Church, and the Presenting them to the Church Judicato­ries, for Tryal and Admission, was never en­trusted or committed. And therefore a Mini­ster's Call in that method must at lest in part, be Humane, and not Divine, And conse­quently must be of Men, and not of God, Ma­lum enim ex quolibet defectu, bonum non nisi ex integracausa. And as such an unwarant­able Mixture, cannot but pro tanto, very much weaken (I shall not say nullifie) a Mini­nister's Call, so certainly it cannot but very much marr his Confidence, and obstruct his Comfort, in the exercise of his Ministry: as we shall see hereafter. To this purpose, [Page 111] Zanchius tells us, after he hath been speaking of the Ministerial call. Ex his autem omni­bus apparet, quam nulla sit, vel non Legiti­ma, eorum Dei Ministrorum, vel Ecclesiae Pastorum vocatio, qui solius Regis vel Reginae, vel Patroni, vel Episcopi, aut Archiepiscopi, Diplomate, Bullis, Jussu & Judicio, fiunt vel Eliguntur; id quod dolendum est adhu [...] fi­eri in ijs Ecclesiis, qui tamen purum Dei ver­bum habent, & sequuntur ut in Ecclesia Angli­cana &c. That is, it is very clear how much either Null, or at lest not Lawful, the Call of those Ministers of God, or Pastors of the Church must be, who take their Election, on­ly from the Patents, Bulls, Warrands, or Ap­pointment of a King, Queen, Patron or Bi­shop, &c Which yet to our grief, is done even in these Churches, who have and follow the profession of the true word of God, as in Eng­land &c.

XVIII. And lastly, the Assertors of this pretended power of Patronage, cannot deny, but it were most absurd and unreasonable, for any single Person, how pious and judicious so­ever, to assume and take upon him, the Look­ing out, Nomination and Election, of all the Ruling Elders and Deacons of a Congregati­ons. And to oblidge the Church, to accept and receive, such as he should so Nominat and [Page 112]Elect, tho' those ( viz. the Ruling Elders and Deacons) be but the inferiour Officebearers of the Church, and the people of God no way so neerly concerned, in the right choice of them, as in that of their Pastors, who are ap­pointed of God, as the most special ordinary means of their Salvation. And therefore for any Man without Christ's warrand, to assume the Nomination, and Election of the Pastors of the Church, who are the principal Office-bearers in the House of God, and in the right and due choice of whom, the good of Souls is so neerly concerned, must be much more absurd and unreasonable. And there is no ground that can be urged, for al­lowing the Patrons a priviledge of Electing the Principal Office-bearers of the Church, that may not with much more force and advantage, be pressed, for giving him a power, to Elect the Inferiour Office bearers also.

I grant the case is different, but still I see no difference, that with any appearance of rea­son, can be assigned, to determine the point in favours of the Right of Patronage, as to the Principal Office bearers, and not as to others, save this, that the Patrons settling of a Mainte­nance, in favours of the Pastors, must give him a greater Interest, in the choice of those, than he can have in that of the others, on [Page 113]whom he hath conferred no Benefice: And of how much weight this pretence is, we have already seen, and shall not repeat what we have said upon this Head.

SECT. XIII. The power of Patronage, is against the Free­dom and Interest of common Society.

I. AS this power of Patronage is no Institu­tion of Jesus Christ, but clearly inconsistent with, and destructive of his Institutions; so it is against the Freedom & Interest of the Church, considered as a Common Society: It being a pri­viledge naturally Inherent in all free Societies, such as Republicks, Cities, Colledges, Cor­porations &c. To Elect and Choice their own Rulers and Office bearers, of which Freedom, this priviledge of Patronage, does clearly Robb and Deprive the Church

II. For if we may be allowed as well as o­thers, to guess at the first beginings of Socie­ty, and to speak what the common sense of Mankind seems to Dictat, so long as any num­ber of Men are kept together, only by a mutu­al consent, express or racit, to supercede force, [Page 114]and to live quietly, on what providence brought to their hands; They cannot be said to have been under any proper Government: It being meerly good Humor, and nothing else, that kept them together, in any kind of Soci­ety. Man indeed is a Creature Naturally So­cial, and Society is a kind of Life, that they are by God and Nature designed to; as to mention no other consideration, may be suffi­ciently manifest, from that one faculty they have, of Communicating their Thoughts to one another, by speech; but if they live together only by bonds of good Nature, it cannot be expected that the Corruptions of Men, would let their Societie continue for any long time: so that when ever that bond of good Nature be­gan to fail, they behoved either to quit one a­nother's company, or else betake themselves to some sort of Government; And this could on­ly be established, either voluntarly and by com­mon consent, whereby a superiority and pow­er, was given over the rest to some one or moe, whom they thought fittest to manage it for the good of all: or otherways such a Power and Superiority, was Ambitiously usurped, by such whose Reputarion and Authority for Wisdom and Strength, made them conceive themselves most Likely and Able to keep it: which nei­ther deserves the Name, nor satisfies the true [Page 115]ends of Government, and so the Natural Free­dom of Election was subverted.

III. And therefore the like Freedom, in in choosing of such, as are fittest for bearing Office, cannot without the highest Injurie and usurpation, be denied to, or wrested from the Church, and people of God, the most truely free born Society on Earth, who with Abraham are Heirs of the World, and Heirs Annexed with Christ, Rom: 4.13. Rom: 8 17. by the in­comprehensible love and wis­dom of whom, as her only Head and Law-giver, the Church is most fully and compleatly provided, with all the true and ne­cessary freedoms & priviledges, of other Soci­eties, I mean free Societies, and not such as are inslaved to the power of others, where little or no freedom remains, all things being manag­ed meerly for the private interest of some one or more, particular persons or Families, to the prejudice and opression of the rest, either by a forced surrender, or an open invasion of their Liberties, with little respect to any publick advantage, except in so farr as may conduce, for that private interest: And what ever may be said of their Societies, yet the Church is utterly incapable, of mak­ing any such surrender of her liberties, tho' this pretence (as frivolous as it is) be made [Page 116]use of by some, for a ground to found the rights of Patronage upon, as we have already seen.

IV. There is another consideration of a near affinity with this, that may very pro­perly be made use of, against the interest of Pa­tronage: That as this power is against the free­dom of comon Society, so it is also against the interest of the Church as a Society: For it being uncontroverted, that all pretending to any trust in a Society, ought both to be qualified for it, and attend upon it, (as is clear in Church Affairs from the Canons a­gainst non-residence) it is as evident on the other hand, that these things are no ways to be found in this our Patron: Seing the Patron by vertue of his pretended power and trust, stands no wayes oblidged, to reside within the paroch, nay nor so much as within the Nati­onal Church, nor to be of the same profession of Religion, His right of Patronage being as consistent with his non-residence, and with his being Popish or other wayes heretical, yea with his being under the highest censures of the Church, inflicted for his notorious and scan­dalous wickedness, as the rights he hath to the other parts of his Estate. That being a right in Patrimonio, as well as the rest of his for­tune.

[Page 117]V. And how is it possible for any man in Reason to conceive, that a person in these cases, should be capable (tho' the priviledge should be otherwayes never so alowable) to act in a matter of so high and tender concernment, to the welfare of our Lord's Spiritual interests, and the good of the Souls of his People? For when a Patron does not reside in the Paroch; nor perhaps in the Nation, it is impossible for him to exerce his priviledge upon any rati­onal grounds and motives, or with any proper Judgement and Discretion of his own. All the light he hath to steer by being at best, but an ignis fatuus of a naked hear say, either as to the life and qualifications of the person to be presented, or as to what gifts are most sutable, and proper for such a people; he being equally and utterly ignorant of the need and condition of both, so that he must in this, be unavoidably left, to be acted and driven, by the solistations of his friends or servants, as ignorant, at least as himself, or by other means less honest, without any Judgement of Dis­cretion, like a beast of burden, Psal 49 20. as the Spirit of God stiles the man that is in Honour and understandeth not.

VI. And if the Patron be Popish, or other­ways heretical, or under the censures of the Church, the matter is still worse, if worse can [Page 118]be. For all the Reason in the World, will oblidge us to presume, that a Patron in these circumstances, will neither be able nor desir­ous, to discern the Spirit of God (as in this case it is very necessary he should) or to make choice of such Pastors, as may be according to Gods own heart, and may feed his People with knowledge and understanding: It being most certain, that on the contrary, such a Patron will bend his whole force, for Impos­ing Pastors upon the Church, that may Act most sutably, to his own corrupt and perni­cious principles and designs, for advancing such interests, as are incompatible with the honour of God, the Spirit of the Gospel, the welfare of Religion, and the peace and quiet of the Church & Nation, so that to intrust any man in such a case, with such a priviledge as this of Patronage, were indeed oves lupo committere, to give the wolfe the wedder to keep: as the Proverb says.

VII. These are no remote and airy specula­tions, but such as deserve the most serious re­flection, especially at such a time as this, wherein there is such a General and Visible de­cay of knowledge and Piety; and Popery is not only tolerate, but in a manner authoriz­ed.

VIII. It may also be remembred [Page 119]from former and latter times, how that many of the Nobility, and others who re­sided ordinarly at Court, or went abroad up­on Foreign Employments, and had the Pa­tronages of many Kirks, and Benefices in their hands, were wont upon the solistation of Friends and Servants, and many times from Motives, and to Ends, of a more dangerous and fatal consequence, to send Presentations, in favours of such as they never saw in the face, nor so much as ever heard of, either before or after that time, without making the least shadow of a previous Inquiry, into the qua­lifications and condition, of either Preacher or People: They being as unfit and inca­pable to discern in either, as they were un­able and inconcerned, to improve any disco­very they should make, for the good of the People, by looking out, and presenting a Pastor, that might be fit and proper for them. Ʋbi ille Canon (says Athanasius) ut a palatio mittatur is qui futu­rus est Episcopus. In Epist. ad vitam Solit. agentes. Neither need we forget, how many that entered to the Mi­nistry in this method, were the occasion of no small trouble to the Church of God in this Nation.

SECT. XIV. The power of Patronage hath been grosly ab­used, and seandalously offensive, without any necessity or use.

I. THE next Ground I shall insist up­on, against the pretended right of Patronage, is, That as it is no Divine In­stitution, but clearly destructive of the Insti­tutions of Christ, and of the Natural Free­dom and Interests of the Church, consider­ed as a society: So it is likewise an useless and unnecessary Invention, and hath been the Fountain and Occasion of many gross ab­uses, and most scandalously offensive, to all sorts of Christians in the Church of God. And therefore ought not to be tolerat and allow­ed, in any Christian Church or State.

II. As for its usefulness or necessity, I can­not understand, neither have I ever heard any thing pretended in its defence, from this Head. And it is impossible any end or use of it can be thought on, but what may very well, and far better be attained, by the due and orderly method of Election, set down [Page 121]in the Scriptures. For as the Church is suf­ficiently, and much better provided for, in that method, by her infinitely wise and lov­ing King and Head; so there needs no other right to give a Minister of the Gospel a law­ful Title, to his Maintenance and Living, but his spiritual Capacity, and faithful discharge of the duties of his Function. The Work­man (says our Lord) is worthy of his wages; so that unless the Patron will pretend, that he can state a Minister in a Spiritual Capacity, and so assume a power of Ordination, as well as of Election (and truly he hath as good ground to claim the one as the other) he can give him no right to his Maintenance, as we have already proven. And therefore such a power is not to be tolerate in the Church, by any Christian Magistrate, who ought to use all his Power and Authority for God, and the edification of his People, by being a terrour to evil doers, and removing of such corrupt and useless Institutions, as put an obstruction in the way of the precious Ordinances of Jesus Christ, for the Calling of such as may be fittest for the Ministerial Charge, as being the most special ordinary Means, both of his own, and his People's Eternal Happiness.

III. And the Church having in her purest [Page 122]times, enjoyed her lawfully called Pastors, e're such a thing as Patronage was heard of in the World, and when she had no Christi­an Magistrate to protect and defend her: It cannot but seem wonderful, Quorsum, or for what end, such an Invention shall now be maintained, in, and over the Church, when there are Christian Magistrates, who Virtu­te Officij, are bound to plead for, and de­fend her in her Rights and Liberties: seing all that is necessar, in reference to the Call of a Gospel Ministry, and to their true Right and Maintenance, is far better provided for, by Methods of Divine Appointment. The right of Patronage is as little, and less useful, and I am sure far more prejudicial in this case, than in the Call and Maintenance of Men of other Professions, such as Lawyers, Phisici­ans, and common Mechanicks: Only men have still a greater itch, to be medling in the mat­ters of God, without a lawful Call, than in other things, that of their own Nature, are subject, and by Divine Appointment are left, to a humane Regulation, nitimur in vetitum. And therefore, as we had once good reason to bless God, that the publick Authority of the Nation, in the Year 1649. had abolish­ed this corrupt custom, so on the other hand it is to be regrated, that there hath not been [Page 123]that same sense of Justice since with a suteable acquiescence, to their so just and rational De­termination: especially considering, that if there was any prejudice or loss of Patrimony sustained, it was on the Church's part, and not on the Patron's: as the Act 1649. will easily clear, to any that will be at the pains to peruse it.

IV. In this manner do all Protestant Di­vines, and our own Writers in particular, argue against the superstitious Corruptions, and Ceremonies of the Romish and English Churches. And the truth is, if we would but allow our selves calmly and without heat and prejudice, to consider the matter, it can­not but be very surprysing, to see, that men who pretend, to act for the good and edifi­cation of the Church, should yet hazard her Peace and Unity, and the scandalizing and offending, or the marring of the progress of their poor Brethren, in the ways of God, by forcing and violently imposing upon them, as the only terms of Communion, under the pain both of Church Censures, and Legal Pu­nishments, The practice of what themselves confess, to be at best but indifferent, and no way necessar, either upon the account of a Divine Command, or Moral Use; And which their Brethren, upon solid and undenyable [Page 124]Grounds, taken from the Word of God, and the Principles of the Reformation, believe to be superstitious and sinful: Especially, since they are forced to acknowledge, that these Institutions, in which they both agree, are not only Lawful, but do likewise abundant­ly satisfie, all the necessary ends for which they are appointed; there being nothing alledged, in favour of these superstitious and unneces­sary additions, but a pityful and empty sha­dow of worldly decency and fashionablness, so much decryed by the word of God, Be not ye conform to this present evil world, (says the Apostle) and which in no equity can ever come in competition, with the least hazard of losing the Church Unity, or offen­ding the meanest of Christ's Followers. These Practices must certainly render such men just­ly obnoxious, to the heavy charge of Schism, and to that Wo denounced, by our blessed Lord, against such, as should be instrumen­tal, see Matth. 18.7. in bringing divisions and of­fences into the Church.

V. But to leave this, and come to the next brench of this consideration, we may observe, that as there are few, or no institutions, either Civil or Ecclesiastick but what by reason of the weakness and wickedness of men, are ly­able to be abused, and one way or another may [Page 125]become, the cause or occasion, of scandal and offence, to the people of God, and there­by marr their Spiritual Progress, in his wayes; so the abuse and offensiveness of an instituti­on, of its own Nature, useless and unnecessary, hath alwayes been held, by all sound Divines, to be a sufficient plea against its farther use. The Apostle Paul determines this point with, a Zeal and a [...], 1 Cor 8: very becoming the gravity and importance of the sub­ject matter, that even things, which extra casum scandali, are in themselves, not on­ly clearly Lawful and allowed, but in some respect almost necessary, are to be laid aside, and forborn, in the case of scandal and offence. If meat says he, make my Brother to offend, I shall eat no Flesh, while the world stands. And therefore, a fortiori, and much more ought such things as are not only useless and unnecessary, but clearly unlawful, and preju­dicial to the Interest of Christ's Spiritual Kingdom, and the Liberties of his Church to be forborn and laid aside, from farther use, when they become the cause and occa­sion, of a constant and continued tract of gross abuses, and most scandalously offensive to all sort of Christians, in the Church of God. This is a Consideration, which I hope it will be needless, any farther to illustrat, [Page 126]to such as are any way tender of the Spiri­tual Concerns of the Kingdom of God, or the good of Souls.

And that the Right of Patronage hath been most grosly abused and most scandalously of­fensive, I think will be no hard task to prove. It will be much more difficult, fully to enu­merate, the abuses and offences it hath caus­ed and occasioned. I shall instance some few of them.

VI. First. That Patronage hath been abu­sed to Simony, and sacrilegious dilapidation & misapplication, of the Church's Patrimony, The sad experience of the Church in general, and of all the Corners of this land in particu­lar, can abundantly, and but too much wit­ness. I wish the charge were groundless. And the Simoniacal pactions, betwixt Patrons and Intrants occasioned by this useless and corrupr priviledge, have been so many, and have been managed and carried on, in such secret methods, and under such a variety of disguise, that it hath alwayes been found very uneasie to trace them out.

VII. Thus Intrants do sometimes procure themselves presentations, by the means and interest of their friends. But this is not the worst, tho' the provincial Council at Mentz in Germany, was deeply sensible of [Page 127]the prejudice, the Church sustained by it, threatning the Patrons with the Church cen­sures, and forfeiture of their Rights, on that account. Take their own words, Res est perniciosi exempli, & quae pravam saepe Ec­clesiae calamitatem affert, quoa Patroni tum Ecclesiastici, tum Laici, propinquitate junctos, aut alijs meritis et officijs sibi conciliatos, Ido­neis praeteritis, ad officia Ecclesiastica admo­vent. Quos praesenti constitutione provinciali, in Domino hortamur, et peremptorie monemus, ut a pernicioso hoc conatu, sibi tem­perent: Alioquin severitate paenarum, rigide censemus coercendos, ac talis beneficij collatione vel praesentatione, saltem pro hac vice, aut progravitate excessus &c. Council: Mo­gunt: Cap: 68. per omnem vitam privandos. That is, it is a practice of a most pernici­ous Example, and oft-times is the occasion of much trouble and calamity to the Church, that both Ecclesiastick and Laick Patrons, do ad­vance to Church Offices, those who are their Relations, or others whom they respect up­on the account of their service or dependance, without respect had of their age, or indowments passing by such as would be more proper for the charge. Those Patrons we do by this pre­sent provincial constitution, exhort in the Lord, and peremptorly require, to abstain from these [Page 128]pernicious attempts, otherwayes we appoint them to be restrained by this severity of the Church Censures and to be deprived of their Rights of Presentation or Collation, either for that time, or according to the quality of the fault even for their whole Life.

VIII. Sometimes they purchase their Pre­sentations directly for money, and think the price the best bestowed part of their Pa­trimony, if they can but so obtain them: and so the matter was frequently put to a fair Roup, and he that offered most gained it. Cartwright menti­ons a remarkable instance of this, P. 595. And by such courses many times (especially in England) Per­sons of the meanest Rank, and most sordid Employments, ex infima plebe, like Jeraboams Priests, and without the least qualifications of humane li­terature, if they could but read the common-Prayer, turned Ministers, and got a benefice, while men that were of any parts and Integri­ty, and disdained to be guilty of such baseness, could obtain no access to the Ministry.

IX. Again, some times the condition up­on which Presentations were granted, was, that the Intrant as soon as in titulo, should con­sent to the dilapidation of the benefice, and to the misapplying of its Rents, by giving the Par [...]on or some other for his behoove, a lease [Page 129]and Tack of it for a rent and duty, far within the true worth. And it is much to be regrat­ed, that tho' the Law of the Land, strike against the Crime of Simony in the General, That yet this species of it, Parl: 1612. Cap 1. should be expresly allowed by statute, to be practised without any Disguise: Tho' even many Popish Writers, are ashamed to own such practices: And the forcited provin­cial Council, held at Mentz, in the year 1549, prohibites to give such Intrants institution in the Benefice, and threatens them with depri­vation, if ever such practices be discovered. Alij scilicet Patroni (says that Council) de censibus beneficio­rum, partem sibi retinent, Concil. Mogunt. ubi supra. aut etiam in totum fructus beneficiorum intercipi­unt, his quibus ea, ad speciem infamis cupidi­tates suae obvelandae, conferunt, Inanem modo titulum Reliquentes. — districte praecipimus, ne quis Praelatus, seu Officialis ejus, ad quem munus investiendi pertinet, ad beneficium, cui animarum Cura annexa est, quenquam investire presumat, nisi qui &c. — Censum istius Ecclesiae, ad suam sustentationem, sufficientem esse, eumque sibi a Patrono integrum relinqui, docuerit: Alio­quin Investituram talem, inanem et irritam, et Salutaris hujus inhibitionts temerarium [Page 130]transgressorem, ipso facto ab officio suspenden­dum, et arbitrio Ordinarij sui puniendum de­cernimus. Eum vero qui praesentationem, seu Collationem al cujus Beneficij, sive Curati sive non Curati, a Patrono receperit, cum tali pactione, ut Patronus de proventibus benefi­cij portionem reservet, ad tale beneficium pro­hibemus Investiri: Aut si post investituram, talem pactionem fecisse deprehensus fuerit, beneficio decernimus privandum, et eidem be­neficio alium Idoneum praeficiendum. That is, some Patrons do retain to themselves a part of the Rents of the Benefice, yea, and sometimes, they intercept the whole pro­fits of it, leaving nothing to these, upon whom, for a cover to their infamous avarice they con­fer the same, but only a naked and empty Title. And therefore we peremptorly require, that no prelat nor official in his name, to whom the right of institution pertains, presume to give any man institution in a benefice, to which the cure of Souls is annexed, unless he first in­struct, that the rents of it are sufficient for his sustentation, and that they are left intire to him by the Patron: Otherways we decern the In­stitution to be void and null, and ordain such Contraveeners of this wholsom prohibition to be ipso facto suspended, from their office, and to be punished at the discretion of their Ordinary. [Page 131]And we doe likewayes prohibit, any such per­son, as hath accepted of a presentation, upon such conditions from the Patron, to a Benefice, either with, or without Cure, to be institute therein. And if at any time after the Instituti­on such a paction shall be discovered we ordain him to be deprived of the Benefice, & another fit Person to be put in his place.

X. At other times, the Intrants Friends, at trysts or meetings, about Civil Business, with the Patrons, past from something more or less of their just rights. In favours of the Patrons, hoc intuitu, that their Friend may be setled in the Benefice.

XI. Sometimes the Intrants Friends en­gage for his dependence upon the Patron, and for his concurrence with him, in his designs for promoting a course of defection, and promise him the Intrants suffrage for that effect. And the truth is, Generally, this Right of Patron­age, kept the Pastors of the Church, in such a sneaking and flavish dependence, upon great Men, as was most unworthy the Dignity and Character, of a Minister of the Gospel, or any man of Spirit to undergoe.

XII. Thus also gifts were bestowed on the Patron's Wife, and Children, or on some Gehazies about him, wherein the Patron did oft times, meanly enough run his share.

[Page 132]In short there are as many several methods, of practising Simony, occasioned by this one device of Patronage, as there are of making up the price or value of a bargain, betwixt Merchant and Merchant, and some of them dishonest, dishonourable and base, to that Degree, that it is much safer to pass them over in silence, than to teach Men to repeat them by a fuller enumeration.

XIII. But 2dly, this corrupt power hath not only exposed Patrons and Intrants, but even the Churche-Judicatories and People themselves, to a multitude of temptations. The Scandal and Offensiveness of Patronage, in this respect, is but too well known. For these also very oft, partly from a shyness, to top with the great Ones, partly from the solistati­ons and flatteries, and sometimes the threats that were used, for procuring the admission of the Person presented: And finding it hard, to withstand the tyde and stream of the times, or to provide any effectual remedy against a growing evil, have been forced to ly by, and slight the due inquiry and tryal, of the life and qualifications of the Intrant, and to huddle up the whole matter perfunctorie, et pro more scholae only.

XIV. And both Presbitry & People were also many times deluded and abused, by the [Page 133]Patrons droping in of a presentation (which he knew, and designed should be rejected) once in the half year, that he might thereby preserve his right of presentation, from falling Jure de­voluto, into the hands of the Church: And that he might promote his own private and base ends, of misapplying the profits of the benefice, parl. 13. I. 6. p. 135. p. 15. I. 6. p. 163. during the vacancy to his own use: The poor People in the mean while, being oblidged, to seek help from other Ministers, and to de­pend upon the leasure of such, as were for the most part, as unable to decern what was re­quisite, to make a fit and well qualified Mini­ster, as they were careless and unconcerned, to provide them with such, to the great hin­derance of the planting of Kirks; whereby the poor people have been unavoidably forced, to ly destitute for a long time, of the preach­ing of the Gospel, so necessary a mean of their Eternal happiness.

XV. Again, the power of Patronage hath been most offensive, in being abused to the bringing in, and keeping up, of a corrupt, Ignorant, Lazie, and Scandalously prophane Ministry, in the Church of God. I need not enlarge upon this, it is a truth but too well known. The whole Nation can bear wit­ness, That there was never a more Ignorant [Page 134]Idle and Profane pack of men, that bare the name of Ministers in any Christian Church, since the first dawning of the Reformation from Popery, than many of those, that were obtruded upon the Church, in the time of the late Prelates (to say nothing of the pre­sent Prelates) when Patronage was exercis­ed in its full extent. The good Lord deli­ver and preserve his Church from such a Ministry.

XVI. This power of Patronage hath al­so many times been laid hold on, when no other pretence would serve the turn, to eject Learned, Godly, Painful, and Successful Mi­nisters, or to disturb them in the peacable Possession of their livings, if their entry was not by the Patron's Presentation, as being the only Legal Title that any man could have for the time. To abstract from that strange Catastrophe, that we see brought about in this Church, in the Years 1661, and 1662. upon the pretence of the want of Presentati­ons, when yet for the time, Patronages stood abolished.

XVII. It hath also been grosly scanda­lous and offensive, by being an occasion of bringing, the Blessed Gospel of Jesus Christ, and the Ministers of it, into contempt: For as on the one hand, there is no secondary mean, [Page 135]that does more advance the esteem and value of the Gospel, in the hearts of People, than a sutable and due respect, & a chearful & cordial submission, to such as are imployed in the Ministry of it, as is very clear both from common Reason, and from the Apostles ear­nestness with the Faithful upon that account. we beseech you, brethren (sayes he) to know them, 1 These 5.12 13. 1 Tim: 5 17 1. Cor: 4. which labour among you, and are over you in the Lord, and admonish you, and to esteem them very highly in love, for their Works sake. And again, Let the Elders that Rule well, be counted worthy of double Ho­nour, especially they that labour in word and Doctrine (that is both preaching Presbiters and ruling Elders) For the Scripture says, Thou shall not muzzle the mouth of the Ox, that treadeth out the Corn: and the Labourer is worthy of his reward: So on the other hand, there is no stratageme, that ever Satan devised, that has had worse, and more effectual in­fluence, for destroying that reverence and free submission, which people owe the Sent Servants of the Lord, than this device of Pa­tronage hath had.

XVIII. And it is morally impossible it should be otherwise for when people see them­selves disappointed, of a person more worthy, [Page 136]and acceptable, on whom they had set their Eye for a Pastor, and another obtruded up­on them in his place, meerly by the Patron's Election, to whom they never consented, and a Legal Force put upon both them and the Presbitry, to receive the Person Presented, and to give him the Maintenance due to their law­ful Pastor; How is it possible, so long as men are men, and subject to passion and weak­ness, but that the effect of such untoward me­thods, should be to produce, a very cold, backward, and unchearful Submission and Obedience, to such Pastors? There being nothing that more alienates men's minds and affections, than such courses; and Love being the main ingredient in Reverence, and that the great Ground of a chearful and hearty Submission, is it any wonder to see this a mis­ing, where there is so much pains taken to des­troy that which breeds it? or how is it possible that a People can be perswaded, that a Pastor is sent of God for their good, when they see, that he hath stept out of God's way, and hath not entered by the right door of Christ's apoint­ment?

XX. Beside all this the whole Nation can witness, that this method of forcing Mini­sters upon People, without or against their consent, and inclinations, hath had very sad [Page 137]and scandalous effects, by raising of Riots, and Tumults, to the great hazard of both par­ties, as well at the time of the entry as after­wards, besides the loss and trouble the People sustained, by subsequent prosecutions at Law, upon that account.

Many other instances might be given, of the gross abuses and scandals, occasioned by this corrupt and useless priviledge, but these may suffice. And the truth is, It is no savory imployment to rake into such a Dunghil of Corruption.

XX. Only I cannot omit to observe, that which is the most Natural Effect, of the un­warrantable mixture, that appears in such a Call to the Ministry. For beside the bad influ­ence this may have on People, to raise a just distaste and prejudice in their minds, against such ministers, It cannot but also be very hurt­ful to a Minister himselfe, in marring his con­fidence, and obstructing his comfort in per­forming the duties of his function, when he sees himselfe disabled (especialy in times of trial and persecution) to behave, in the dis­charge of his trust, with that vigor and confi­dence, that becomes a Sent Servant of Jesus Christ, and a Workman that needs not be ashamed. To this purpose, 2 Tim 2 15. 2 [...] Cor. 4.1. there is a passage of the Apostle Paul, [Page 138]in the second Epistle to the Corinthians, very remarkable, where he founds the cause of his not fainting, in the Work of the Lord, in the midst of difficulties, upon the assurance he had, of his having received the Call of his Ministry from no other hand, but that which had been the Fountain of Mercy to him. Having received this Ministry (says he) as we have received Mercy, therefore we faint not. And hence it is, that gene­rally in all the Epistles, directed to the se­veral Churches, The Writer still begins, with his Title of Apostle, Servant of Christ, El­der, &c. thereby intimating, that their great ground of Confidence, and Comfort, in de­livering the Message of the Gospel, was foun­ded on the assurance they had, of their Law­ful Call to the Ministry.

XXI. This is a Truth that hath been con­firmed, by the experience of several Mini­sters in this Church. For tho' some of them were both faithful and diligent in their duty, to the intire satisfaction of their People; yet when they came to discover the sinfulness of their entry, by this unwarrantable method of Patronage, they have been kept under long and sad exercise of Spirit, and put to serious and deep humiliation before the Lord, e're they could attain to any measure of con­fidence, [Page 139]that they were authorized of God, to deliver a Message in his Name, or could get their Conscience brought to any calm and quiet, from the fears of being under the guilt of such, as run unsent, or could think they had a good right to that Peace, which our blessed Lord left, as his last and farewell token, to his Disciples, and in them to all his Sent Ser­vants, John 20.21. as the natural and kindly Effect, of their Lawful Call to the Ministry. Peace be unto you, (says our Blessed Lord) as my Father hath sent me, so send I you.

XXII. And many Ministers, who have sitten down with too much satisfaction, as to such a Call, and way of Entry, have been made to see, that such of their Brethren and People, as had skill to discern the Spirits, and know the Voice of Christ, in his Sent Ser­vants, had thoughts of them very different, from their own. These being able to disco­ver in such Pastors, but very little of that as­sistance and support, which the Lord ordi­narly vouchsafes to bestow, on his own Am­bassadors, sent upon such a weighty and im­portant Errand, as the delivery of a Message of Reconciliation with God, to a People in his Name

XXIII. Others have but too much en­deavoured [Page 140]to stiffle, and bear down the checks of their Conscience, in this matter, but have found themselves very much straitned, to own & avow (as a Faithful Pastor should) that they had a Warrand and Commission, to speak to their People, in the Name of Christ, And if at any time, they ventured upon it, their Conscience would stare them in the face, and tell them, that their people did with too much reason suspect their sincerity in it, seing their entry was not by the right Door, but that in some one or moe steps, they had clumb up another way.

XXIV. And as in times of trial and diffi­culty, the checks of a man's Conscience, do ordinarly turn more sharp and uneasy, so at such times especially; the comfort of such Ministers as entered by Patrons, have proven very faint and cold: and the truth is, it is but little wonder, That such as have no sparks to warm them at, in this case, but these of mens kindling, have this from the Lord's hand, that they shall lye down in sorrow. Esay. 50.11. Confidence and Comfort (in these matters especially) are mutual Supports, and Strengthners of each other, and there is no such ground in the World, for both, as that calm serenity of Mind, and peace of Conscience, which flowes from the [Page 141]assurance a man hath, of having regulate his Actions, (especially when they relate to the matters of God, and his Church) by the Divine and Unerring Rules of the Scripture.

XXV. And tho' many pious and worthy Persons, have entered to the Ministry in this method, yet it is to be considered, that multa sunt toleranda in Ecclesiae, aut Reipublicae statu perturbato, quae non sunt approbanda. I shall not determine, how farr such a tolera­tion may be extended, but sure I am, to argue from their practice at a time, when entry to the Ministry could not be otherwise had, to the keeping up of such an abuse when it may be ta­ken away, as it was once well taken away, is a consequence beyond all rational comprehensi­on. Those Ministers ordinarly, had the voluntar consent, of the Church and People in­teressed, which makes up the Substance of Election, And if they had not this, I do not see how they could have been free of the guilt of having run unsent, ubi libertas Electionis (sayes Doctor Ames) ab episcopis, de casibus Cons. Cap 25 § 29. Magistratu, Patronis Imminui­tur, quamvis Electio non sit eo modo et gradu libera, quo oportet, Consen­sus tamen voluntarius, ut in Conjugio, sic in Ministerio, licet iniquis rationibus procure­tur, essentiam habet Electionis et vocationis neces­sario [Page 142]Requisitae. That is, tho' in such cas­es, the Election be not in that manner, and to that degree, so free as it ought to be; yet the voluntary consent of these interessed, as in the case of Marriage, so in this of the Ministry, hath the necessary Essence and Sub­stance, of ane Election and Call.

SECT. XV Patronage is a symbolizing with Idolaters, and against the Doctrine and Discipline of this Church.

I. THE last ground that we shall in­sist upon, against the interests of Patronage, is, that it being a Popish device, without any use or necessity, ought even up­on that account to be rejected. I grant indeed, that it is no sufficient Argument, simply to say, that a thing is devised or practised by the Popish Church, if it were founded on any ne­cessity, either of means or precept, that is, if it were either morally necessary, or posi­tively commanded; But we may well conclude, that the complying and symbolizing with I­dolaters, in things unnecessary, or even, things [Page 143]simply indifferent, is sinful and unlawful. Thus we find the Lord prohibiteth his People, from complying with, or imitation of the Heathen, in cutting the Hair, Lev: 19: 27 or rounding the corners of the Head &c: which are things in themselves, at worst but indifferent. And therefore, a fortiori, and much more, is it unjustifiable, to comply with Idolaters, In keeping up and maintaining such Popish devices, as are not only in them­selves, useless and unnecessary, but are like­wayes clearly prejudcial and destructive, to the interests and liberties of the Church of God; And have moreover a Natural Ten­dency, to foster Superstition, and an Anti­evangelical Opinion of Merit.

II. And that this power of Patronage is of that nature, is abundantly clear, from what is already said, in the begining and progress of this Discourse. And to this day, where ever it is maintained in its full Latitude, as in the Popish Churches, daily experience confirms the truth of this Charge. For, as Superstition, and the Opinion of Merit, were the great Principles, that gave Birth and Life to this corrupt and useless Invention, and have multiplied Patronages to so vast a number, as will appear to any that will peruse the Popish Writers: so it is but little wonder, that [Page 144]this power still retain a native tendency, to foster these breasts, from which it drew its first strength and aliment: There being nothing more natural, than for a thing both to pre­serve, and be preserved, by the same means, by which it began at first to have a Beeing. It were easie to enlarge upon this Conside­ration, but the thing it self being abundant­ly clear, I shall leave it to the Reader's own consideration, That will furnish him with more than is necessar to set down in this dis­course, which hath already exceeded the bre­vity at first designed.

III. There are many other Grounds that might be insisted on, against the Interest of Patronage, but these already proposed, I hope, upon due consideration, will be found to be a sufficient proof of our assertion, and the intended brevity of this Essay will not al­low me to enlarge any farther. And there­fore I shall only add, that this power of Pa­tronage, is contrary to the Doctrine, Dis­cipline, and Government of this Church, re­ceived from the first Dawning of the Reforma­tion from popery (as hath been shewn in the en­try of this discourse, & shall not now be resum­ed) which the whole Nation, hath so often, and Solemnly Vowed and engaged to Main­taine. And it is hoped, that none, who have [Page 145]been Born and Baptized in this National Church, will upon serious and deliberate re­flection, think this Device, which is so un­warrantable, useless and offensive, and so prejudicial and destructive to the worship and service of God, and the good of the Souls of his People; Of so much worth and value, as to run themselves and their posterity, by the de­fence and practise of it, under the hazard, that the breach of such solemn Eagagments may bring upon them.

IV And what ever disorder may bepretend­ed by the Adversaries of Religion, to have been in going about the Reformation, either in this or other Countries; yet as it is not much to be admired, if in such a horrid confusion and dark­ness, as the affairs of both Church and state were brought to at that time, there was som­thing of an unavoidable superpurge, upon a Body full of so gross Humors, and fixed and inveterate Diseases, where it was impossible for the best Phisitians, at the first, to know the Quantum sufficit, and the just and true Dose re­quisite for such an untractable patient: Especi­ally after all that they call Regular and orderly methods, had been so often attempted with out the least success: Omne enim pharma­cum, habet in se aliquid veneni: Et omne medi­cum, aliquid violenti, et nullum est magnum [Page 146]exemplum, sine aliqua mixtura injustitiae. There being no Drug, without some mixture of Poison, no Phisick, without something vio­lent in it, nor any great example or advantage, without some small loss; which yet our Adver­saries will be very much straitned to instruct. So sure I am in the present case, this corrupt power of Patronage, was once taken away, not in any disorderly manner, nor so suddenly as it might have been, but after a long tract of time, and much trouble and pains, was abo­lished by publick Authority, in the most calm and deliberate method imaginable.

SECT: XVI. A pretence that the Patron meddles with no­thing of Election, or what is properly Ec­clesiastical.

I. I Come now to the last part of the method proposed, which is to examine such pre­tences, as may be offered, to extenuate the injuries, that we have demonstrate the Church sustains, by occasion of the corrupt and useless priviledges of Patronage, and to clear that the Church's prejudice thereby is not so great as it is represented to be.

[Page 147]II. The first pretence of this nature we meet with is, that the priviledge acclaimed, in the Call of a Minister, cannot be said to be any right of Election: For when a Patron Presents a Minister, he makes no for mal Election, but leaves that, and all the rest of the Ecclesiastical part, viz. Tryal and Admis­sion; intirely to the Presbitery. So that after Tryal, Election may follow or not follow, as the Presbitery sees cause. And the Presbitery and Parish, may reject the person presented, in case he be found insufficient, or unqualified. And therefore the power of Patronage is not so in­jurious, to the interests of the Church, as it is represented to be.

III. This pretence consists of several branches, which I shall handle severally, the first is, that the Patron makes no formal Election, as to which it may be considered.

First, that tho' in a formal, orderly, and Lawful Election, the Looking out, the Nomi­nation, and the Election, of a Pastor, be distinct Acts; yet, as in other cases, all usurpa­tions and corruptions, are full of disorder and confusion, so particularly in this of Pa­tronage also, these distinct Acts, are abso­lutely Confounded: For whereas in the orderly way of the Looking out Nomination and Electi­on [Page 148]of a Pastor, there is a joint concurrence, of all concerned in it, To wit both of Church-Judicatories and Church of Beleivers respe­ctively, each of them acting, and keeping within their own Spheres, As 1. Both con­cur in the Looking out, of such persons, as may be fit and proper, for such a Charge. 2. They both concur in the Nomination, of such as they have looked out. 3. They pitch upon and Elect, one of those whom they have so Looked out and Nominate. And after all the Church Sets the person thus Elected before, or Presents him to the Pres­bitery, for tryal and admission.

IV. But upon the contrary, In this me­thod of Patronage, the case is quite diffe­rent. For here, the Patron by himself alone, and without, yea and often against, the ad­vice and concurrence of any interessed, doth by one single and confused Act of Presentati­on, both Look out, Nominat and Elect, what persons he pleaseth, for such a Charge; and Sets them before, or Presents them to the Presbitery, for tryal and admission, passing by all others: Oblidging the Church to re­ceive and admit those he hath presented, if they be found in the meanest measure, ex­ternally Qualified, according to the letter of the Church Laws, for the Office of a Pastor. [Page 149]So that what the patrons leave to the Church, is not to make any Election, that being done by himself to their hand, but only Declara­tively, to find, whether the person Elected by the patron, be in any measure external­ly Qualified, for the Office in general or not; without respect to any Inquiry, whether he be fit for such a people, or any other Conside­ration whatsoever.

V. Secondly this one single and confused Act, including the Looking out, the Nomina­tion, the Election, and the Seting, or Pre­senting of the person Elected, before the Church Judicatories, puts the person present­ed, as far forward, in order to his Admission, as all these distinct Acts, that both the Church-Judicatories, and Church of Believers in the most orderly and Lawful Method, can do. For the next step after this, in both cases, is to proceed to the Tryals, of the person pitch­ed upon. And therefore the patrons One single and confused Act, of Presentation, com­pleats the Election, as well as all the other distinct Acts, And by the way, we may no­tice, what pains and trouble it cost this Church, in former times to procure from the King, That in cases where he was Patron, the Pres­bitery and Parish might send a list of Four to Court, out of which the King was to Elect One.

[Page 150]VI. Thirdly, tho' it should fall out (as sel­dom if ever it doth) that after Tryal, both Presbitery and People, should fully approve of, and be satisfied with, the Person Elected by the Patron, both as to his fitness and quali­fications for the Office of a Pastor in general, and for such a charge and People in particular, yet the Act of the Church in that case, may well be termed a subsequent and supervenient consent, to an Election already made by the Patron, by himself, and without their con­currence; but can never in any propriety of speech, nor from the Nature of the Act, be termed the Election it self. All that is here left in the Church's power, being indeed no­thing else, but simply to find and declare, whether the Person Elected by the Patron, be sufficient, And that only in so farr as concerns the meerly external qualifications, that are simply necessary, by the letter of the Church Laws, for the Office of a Pastor in General. And sure I am there is none that have any mea­sure of true Piery, or sincerity, but will think, that to say no more, there is somthing farther requisite, to be considered, in the Election of a Pastor, that may be fit and proper for the particular charge, of such and such a People, who may be One among a Thousand, as it is Job. 33. which in the method of Election [Page 151]by Patrons, can never fall within the reach of the cognisance of the Church, (who only are, and can be, the proper and discerning Judges of it) to inquire into. And tho' the Church, as she is bound, should dipp upon these farther considerations, and thereupon find cause, to reject the Person presented by the Patron; yet her determinations therein, would not be re­guarded, as being absolutely inconsistent with the exercise of the priviledge of Patronage; the Patron being oblidged to stand to the issue of no other inquiry, but what Concerns the meerly external and common qualifications, that are simply necessary for the office in ge­neral, as I have already said.

VII. As to the second branch of this pre­tence, it is very clear, both from what hath been just now said, and from what is said in the former part of this discourse, that Tryal and Admission, make not up all the Ecclesiasti­cal part of a Ministers Call. The Church-Ju­dicatories and People, have a farther interest, in the Election of such as are to be members of the one, and Pastors of the other, as hath been sufficiently cleared. And tho' this were all the Ecclesiastical part, yet even that can­not be said to be left untouched by the Patron: For to say nothing of what the Canonists maintain, that such as are presented ab Ʋni­versitatibus, [Page 152]seu generalium studiorum Col­legijs, are to be admitted without any tryal or Examination; which clearly rakes away try­al from the Church, tho' there can no pre­sumptionly in the case for these Patrons, to lay aside the tryal of the person presented, Except in so farr as concerns, his knowledge in ordinary literature, I say, beside this, it is very clear, that the Church cannot be free and un­limited, in the tryal and admission, so long as the Patron, leaves not the Church to a free choice, and ties not himself to her free choice; but on the contrary, binds up the Church to the Election made by him.

VIII. And tho' Patron should be tied to the Church's free Election, either by Law, or by his own consent, yet he would still re­maine as ane unwarrantable, useless and un­necessary obstruction, to the planting of the Church, with fit and well qualified Pastors. They being still oblidged to depend upon an extrinsick power, for compleating of their Call, as if it were defective without him.

IX. And as the sad experience of the Church in general, (if men would doe themselves the favour, to see things as they are, and without prejudice and prepossession) hath in all Ages, sufficiently demonstrated, that there is no method under Heaven, that can regular the [Page 153]Inventions of men, in the matters of God, so as to keep them within any tolerable bounds; so the experience of our own Church in parti­cular, hath confirmed this truth beyond all contradiction.

X. We all know, (to give no other instance) what provisions and limitations, were made by the Church, by King James the sixth his own consent, in the Year 1600. with all the Caution, that humane foresight or providence, could devise, for reducing of Episcopacy, to some kind of Moderation, as they term it, to which the Bishops themselves did consent, subscribe and solemnly swear, and the King in person, in the General Assembly, did ratifie the whole matter: All the freedoms and liberties of Presbitery being confirmed by parlia­ment. And we know as well that all the bonds that could be put on the Prelates did in a short time (as many did then foresee) prove nothing else, but Ropes of Sand, and as uncapable to bridle the lusts of that corrupt and Ambitious party, as a Fish-book, or a Thorn would be to catch the great Leviathan, Job 41. In short, all these caveats, and injunctions, solemn Vows, Oaths, and Promises were broken, and the Bishops mounted to their usual Grandeur and Lordly Dominion over the Church, notwith­standing of them all. The Church complains [Page 154]and cryes out, on that violent and treacherous alteration of her established Government. And the Bishops find themselves oblidged to meet and consult, how to vindicate themselves, from such terrible Imputations. And accor­dingly they publish an Apology in Latine, and address it to all Christian Churches, at home and abroad. An Apology that as it discovers their Treatchery and Perjury, to be a most de­testable and horrid piece of Villany; so it clear­ly tells us, what effect the most wise and prudent regulations, of such humane Inven­tions in the matters of God will have: And may serve the Church, for a constant beacon, to beware of taking the like measurs for the future. Take their own words, Conditiones istae, Refultatio libelli de regimine Eccles. Scotican. pro tempore magis, quo contentiosis rixandi ansa prae­riperetur, quam animo in per­petuum observandi acceptae. That is, their design in these solemn Promises Vows and Oaths, was never to keep them, but only to serve a Turn, and to lull the Peo­ple unto some sort of a calm and security a­gainst the clamor, that was raised upon the apparent alteration, of the Established Go­vernment of the Church.

An Apology indeed Ingenuous enough, and very becomming the Faith and sincerity, [Page 155]of that party, who still incline to follow the Wisdom of the old Serpent, without any mixture of the Innocence and Simplicity of the Dove, but I am sure it were scarce credible, that ever any, that pretended, to the name of a Clergy-Man, or to the Title of the Reve­rend, and Spiritual Fathers of the Church, should make use of it, if they themselves, had not published it to the World. And there is no Crime their Adversaries could charge them with of ablacker Nature, than this de­fence fastens upon them.

XI. But this not being my present designe, having only faln by accident upon this parti­cular; The true use of it, that at present we intend, is, that it would be a piece of stupid, and sinful folly, after such a warning, to run ourselves, upon these Rocks, on which the peace and safety of the Church, hath been so oft ready to split. If in such cases we should be-take ourselves, to rely on our own pitiful and weak Counsels and projects, and reject, the institutions of the Infinite and unsearchable, Love and Wisdome, of God, we should true­ly be guilty of forsaking the Fountain of Living Waters, and of Hewing out to our selves, Cisterns, broken Cisterns, that can hold no Water, And should take the most compendi­ous method, that could be, Jerm 2.13 Levit 26 to [Page 156]provoke the Lord, to punish us yet seven times more, for all our iniquities

XII. The true Rule in these cases, is, that since such Institutions, as are not in them­selves, absolutely necessary, either by neces­sity of Means, or Precept, and do of their own nature, so much tend to Corruption, Oppression, Scandal and Superstition, tho' never so well regulat, are still ready to de­board, and exceed all bounds; Therefore, the best, and only way, to prevent their ex­orbitancies, is altogether to Cashier them, from any other farther use.

XIII. I shall only add, that as the Insti­tution of Visitations, was very fit and neces­sary, for enquiring into the lives and carriages of the pastors of the Church, after they were admitted and settled; so it is sufficiently known, that the patrons of Kirks and Bene­fices, have still endeavoured, with all their force, to put a stop to the exercise of these Visitations, as knowing that most of the pa­stors of their Nomination, were as little, or less able, to endure such a scrutiny, as they were unsatisfactory, at their first admission. I shall not mention, what other Reasons, the patrons had, for such a kindly protection of those men: they may be easily guessed, tho' I am sure with little credit, to either party.

SECT. XVII. Another pretence, that the Church may re­ject the Person presented, in case of in­sufficiency.

I. THE next pretence that may be made use of, to alleviat the guilt of pa­tronage, in its usurpations over the Liberties of the Church, is this, That the Parish or Presbitery, may reject, or refuse to admit, the person Elected by the Patron, in case, that after tryal, he be found insufficient, or unqualified, either as to parts or manners. And therefore the Church can be at no loss by the Rights of Patronage.

II. It must certainly be an other force, than that of Reason, that can draw such a consequence. This method of arguing, is just the same, as if a man should say, it is need­less to stop the entry of a Robber into a house, or to put him out after he is entred, because any harm he can doe, may be easily either diverted, or repaired, sure I am this is very [Page 158]sar from our Blessed Lord's method of reason­ing. Matth. 29. Luk. 12.39. If (says he) the good man of the house, had known, in what watch the Thief would come, he would have watched, and not have suffered his house, to have been broken up.

III. If evil must not be done, that good may come of it; and if the Jesuitick Quibbles of a good intention, cannot justifie a bad action; much less is evil to be tolerate and allowed, because 'tis possible to prevent, or repair its bad effects, Nam quod possibile est esse, possibile est non esse, one may be answers another, That which may be, may also not be. There is still a hazard in the matter, and Christian prudence oblidges us, to shun even the least appearance of evil, as far as we may. The true rule in such cases, (as I already marked) is, to abolish an useless and dangerous cu­stom, or rather corruption, since vetustas er­roris non consuetudo, sed corruptela dicenda est; and then indeed the consequence will be good, that the Church can be at no loss by it, Mortui non Mordent, says the proverb.

IV. And next, beside that the power of Patronage, doth unnecessarly expose Intrants to discouragement, by being rejected for In­sufficiency, and also exposeth the Church-Ju­dicatories, to an unjust and causeless odium [Page 159]and reproach, of too much rigor and severity, which if the right of Election were in the Church's own hand, as it ought to be, would be very much prevented, I say, beside this we have already observed, what true liberty, this power of Patronage leaves to the Church, in the choise and tryal of her Pastors. And when ever the Presbitery rejects the Person presented, upon any head that is not ground­ed, upon his Insufficiency and Scandal, the Patron looks upon his priviledge, as highly injured, he being oblidged to stand to no such determination: And when ever they reject upon Scandal or insufficiency, unless it be most palpably and clearly manifest, which is not alwayes necessary, for a Pastor ought not only to be free of Scandal, 1 Tim. 2.2, 7. Tit. 1. but as the Apostle positively requires, he ought to be of an intire fame, and known good report; I say, if such insuffi­ciency be not palpably manifest, there is pre­sently a terrible outcry, and a constant foun­dation laid of many tedious Appeals, and li­tigious Debates, concerning the quantum suf­ficit of a Pastors qualifications, &c. from one Church-Judicatory to another, with little credit to the Patron, and far less to the Intrant. And upon this consideration alone tho' there were no other, the Church's freedom in the [Page 160]tryal and admission of her Pastors, is very much hindered, as the Liberty of Marriage in the case of waird Vassals, is abridged by the Power and Interest of the Superior, and the niceties of the feudal customs. And certainly as their is no sort of contract in the World, wherein a perfect liberty and freedom of choice, ought more to predomine, (if I may so say) then in that of Marriage; so the Church, by the appointment of God, hath much freedom, in the Election of her Pastors, which are his Spiritual Husbands. And as any force or undue influence, in the one case is very odious, so in the other likewise it is no less so. The Simile is easily understood and therefore I shall urge it no farther. A waird holding in such cases as this, is certainly a very hard and dangerous Tenure.

V. But besides, when a person presented by the Patron is rejected by the Presbitery, the Patron's right stands still intire, to Elect and present de novo, some other person ejusdem farinae, with the former, and so the Church most of new again, be inviegled in the same troubles and perplexities, and all to no purpose or use.

VI. Again, in the Election of Pastors by the Patrons, the Church and People interess­ed, have little or no power to withstand the [Page 161]admission, or to nullifie the Election, more than any meer Stranger, that will undertake, to prove the insufficiency, or Scandalous car­riage, of the person presented.

VII. And to say, that an institution, un­der which the Church and People of God, hath so long groaned, and which was forced and ob­truded upon her, without the least shadow of a warrand, from the word of God, or the least pretence of usefulness, for promotting their Spiritual good and edification, is no way injurious to the Church, implyes a manifest contradiction.

VIII. Lastly, and I shall add no more, tho' the Patron should present none, but such as are some way fit; yet the Church's liberty and freedom of Election, remains still under re­straint: For tho' the Church should have power to reject never so many; yet a people shall never come to enjoy the Pastor, they chief­ly desire, and that would be most acceptable to them, so long as the patron, and not the Church her self, retains the right or power of Election. And certainly the sense of such a grievous oppression, cannot but make all that are any way tender, or concerned in the interests of the Church of Christ, especially those that have been witnesses of a far different State of affairs, and of the great advantages [Page 162]that attended it, to be serious and fervent, in prayer to God, for removing, and averting such a Bondage and Slavery, from the Church and people of God, for the future.

SECT. XVIII. Another pretence from the distinction of Laick and Ecclesiastick Patronages.

I. THere is another pretence made use of, to extenuate the guilt, of the pretend­ed power of Patronage, that is much boasted of by many (tho' I confess I am unable to discover where its strength lies) who grant that indeed there are many cogent Argu­ments against Laick Patronages, as they term them, and that these may be and have been, very injurious, to the interest of the Church, but that yet Ecclesiastick Patronages, may be very useful. If you ask them what they mean by these, they cannot tell, but still they tell you, Ecclesiastick Patronages, are very useful, because they are in the Church's own hand, as the very word imports. How­ever the plain sense of this, (if it have any) I take to be this, that it is very fit this privi­ledge should be intrusted, in the hands of Bishops, who are Ecclesiastick Officers and [Page 163]Governours, but not in the hands of others.

II. I cannot stay to examine this distinction tho' I can hardly be perswaded it is good Sense as it is ordinarly used, since the most part of the Patronages, that belonged to the Bishops, may truly be termed Laick Patronages, both in respect of their Original, the most of them having been at first setled, in the hands of the Laity (as they are termed) and also in respect of their conveyance, which was by a grant from the Civil Magistrate, by rights under the Great Seal &c. And besides the true meaning of this distinction, (passing by the Notion and use that Lawyers have and make of it) is, it seems, to be taken, not from the quality of the Person, in whose hands a Patronage is setled, whether they be persons in a Civil or in an Ecclesiastick Capacity; but from the qua­lity of the stock and fond, out of which the Kirks were built, or the benefices setled: For if the stock was out of the private Patrimony of any man, whether he was of the Clergy, or of the Laity, the Patronage must be Laick: and if it be out of the Patrimony of the Church, the Patronage must be Ecclesiastick.

III. But not to insist on these Topicks, this pretence is absolutly groundless. 1. Be­cause, the Argument adduced, striks equally against all for of Patronages, [Page 164]and against all such negative interests, in the Election or Maintenance, of the Ministers of the Gospel, as are not of Divine appointment and institution.

IV. Next, Bishops have no more warrand from Scripture, for such an interest, and pri­viledge, than others have. And the power of Patronage hath been as grosly abused, if not more, and as scandalously offensive, and I am sure more prejudicial to the interests of the Church, and to the thriving of Religion, when in the hands of the Bishops, than when in the hands of other persons. And there is no ground from Scripture, either by precept, promise or example, that any one Church Officer, should ordinarly be intrusted, with such an interest and priviledge, in the Look­ing out, Nomination and Election, and in the Maintenance or Living of the Ministers of the Gospel.

V. But to cut of all farther debate, we ut­terly disclaime any such Officer in the Church, as a Bishop, in a sense superior to, or distinct from an ordinary preaching Presbiter or Elder: These terms are of one and the self same signification in the Scripture, as will ap­pear to any, that will be at the pains to read the Texts, where ever the word Bishop is mention­ed. And I know no man or Angel, that hath [Page 165]power to separate, what the Spirit of God in the Scripture has joyned, and made one and the same. And consequently a Bishop can have no such priviledge. Non entis nulla sunt acci­dentia, nullae affectiones, nullae proprietates.

VI. And tho' prelacy were a Lawful Of­fice, as it is not, and tho' the Prelates were Successors to the Apostles, as they most ridi­culously pretend, (since as we already cleared, it was impossible the design of their Office, could admit of any Succession) yet sure I am in this priviledge of Patronage, they never did, nor doe follow the example of the Apostles: For even the Apostles themselves, in the Election of Matthias, to be one of their num­ber, made use of the Concurrence of the People: And in the ordination of the Pastors of the Church, they made use of the concur­rence, both of the Presbitry and People. And if they joined the Presbitry and People, and ad­mitted them to an interest, in relation to the highest acts of the Ministerial Call, they questionless also left them a share, 1 Tim 4.14 in the Looking out, Nomination, and Election, of the ordinary pastors, Nam qui vult majus, vult etiam minus. Act 15.2: 25.27 Act: 13.1: 2.3. Act. 14 27: 28: Nay which is more, the ordi­nary Teachers of the Church, and others did concurr, in sending out of the [Page 166]very Apostles themselves, to some special pieces of their Ministry. And accordingly the Apostles, think it not below their Digni­ty, to give them an account how they had be­haved in their Commission. So that let the Prelates pretend Succession to whom they will, they can never pretend to be Successors of the Apostles, to whom a Sole power of Jurisdi­ction and Ordination, was as much a Stranger, as to any Presbyter in the Church.

VII. But lastly, if by Ecclesiastick Pa­tronages, the Lawful Church Judicatories, be meant, tho' in that case, both the Title of Patronage, and the extent of power thereby understood, must be rejected; yet there is no doubt, but the Judicatories of the Church, have a very special hand, and interest, in the Looking out, Nomination and Election, of the Ministers of the Gospel, and have a power Ministerially to authorize them, for their of­fice, and to send them forth, to Labour in the Lord's Vine Yard. And by consequence, do also Ministerially invest them, with a Right to meddle with their Maintenance. A Ministers only Right thereto, being a Law­ful call to the Office, and Faithful discharge of his duty, in it, as we have formerly marked.

SECT. XIX. A pretence from the failings and mistakes of the Church Judicatories. &c.

I. THE last pretence that I shall no­tice, is this, that Presbitries and People are not infallible, but are subject to Mistake, and Erre, in the Election and Choice of Pastors, as well as the Patrons. And therefore the Patron's Power of Election, is no more injurious to the Church, than she is to her self.

II. For answer to this, it may be conside­red, First; That the lawful and ordinary me­thod, of Electing the Pastors of the Church, being an Ordinance and Institution, of Di­vine Appointment; and the power of Patro­nage, on the contrary, being nothing else, but an useless Invention of Men, and a most groundless and unreasonable Usurpation upon the Church, and clearly inconsistent with, and destructive of, the Institutions of Jesus Christ; The Church and People of God, may very safely and confidently, rely and de­pend, upon the Lord, for his Blessing and [Page 168]direction, in the right choice of the Ministers of the Gospel, when they Act in a way of his own appointment; which they who Act in so unjust, and unwarrantable a method, as this of Patronage, have no ground to expect. And tho' the Lord, for wise and holy ends, may some times leave his Church and People, to themselves, and let them fall in errors and mistakes, in this as well as in other cases; yet duty must not be forsaken, for fear of failings, in the performance. We must both Pray to God, for a discovery of what is duty, when it is unclear to us, and when it is dis­covered, we must Pray for strength and as­sistance, to perform it a right, and then set about it, in the Lord's strength, with a humble confidence, and dependance upon him, for his blessing and direction, who hath never said to the house of Jacob, seek ye my face in vain.

III. Next, tho' as is already said, there be no institution, either in Church or State, but what by Reason of the Weakness, and Corruption of Men, may be abused; yet this is no suffici­ent ground, for laying aside an institution, that is either morally necessary, or positively, enjoined by God The only rule and remedie in this case, is, Tollatur abusus et maneat usus, let the matter be regulate by Acting in it, according to the word of God, which [Page 169]fully and clearly discovers, what both Church-Judicatories and People, may, or may not do in the case. But on the contrary the abuse and offensiveness of unnecessary & unwarrantable institutions, does strongly militate, against their farther use. If the Presbitry do at any time miscarry, in a way that they are warrant­ed by God to follow, we must pray that God may purge his own House, and purifie the Sons of Levi: And the help and assistance of Superior Church-Judicatories, must be made use of. And in cases of general and pub­lick defection, the Civil Magistrate may em­ploy his power, circa Sacra. But those mistakes, can never warrand us to leave the institutions of the infinite love and wisdom of God, and betake our selves to our own weak and witless inventions, in the matters of God. Christ's promised presence with his Church, may be a sufficient encouragement for his People, to cleave and adhere to him, in wayes of his own appointment: Whereas those who go astray, and follow crooked Paths, ingyr­ing themselves, as Officious and Busie Bodies, in the affairs of the Church, without a Law­ful Call; can expect nothing, but that God in his Justice, should leave them to be a Snare, both to themselves and others Certainly, were these things really believed (as all pro­sess [Page 170]they do) peoples practise would be very far different, from what it is. But such is the Atheism of mans heart, that while we con­fess the truths of God with our Lips, our Hearts are too oft far from him.

IV. I begin now to be weary, of notice­ing such trifles. And the truth is, it might be a­mazing, to hear men otherways rational, offer such empty pretences, instead of Solid and Convincing reasons, if the cause would ad­mit of any better. But it is Vitium Causae, and so we need no more admire, to see a weak­ness inevitably cleave to the ablest Wits, in the defence of what is unjustifiable, than to see the strongest of men, succumb in raising a weight that is above his natural strength to undergo. The strength of mens Spirits, as well as of their Bodies, have their limits, and are not infinite. And since I mind nothing farther that can be objected, but what with very much ease, may receive a full solution, from the Grounds already represented. I think it will be needless, to give either the Reader, or my self, any farther trouble on this Subject.

V. I shall only add, that it is the duty of all God's People in this land, to wrestle with God, that he may incline the hearts of all Ranks of Men, in their several stations and [Page 171]capacities, to return to a hearty and cordial Compliance with, and a chearful Acquiescence in the just and rational Determinations, that were once made by publick Authority, in this Nation, both in this, and other steps of a true Reformation. And that the Lord may not be provoked by a too open Contempt, of the Gospel of Peace (the Crying Sin of the Nation) and our sinful slighting of his Mercies, to suffer his Church, after so much wrestling, to sink under her present Bondage and Captivity, by reason of this, and other unjust and grievous usurpations, into which after so many, and great Deliverances, we are again, for our Sins, brought into Subje­ction.