the judgment of all
doctrine in the first instance, belonged to the pastors of the church.
Accordingly Mr. Black, on the 18th of Nov 1596. gave in a declinature to
the council to this effect, That he was able to defend all that he had
said, yet, seeing his answering before them to that accusation, might be
prejudicial to the liberties of the church, and would be taken for an
acknowledgment of his majesty's jurisdiction in matters merely
spiritual, he was constrained to decline that judicatory. 1. Because the
Lord Jesus Christ had given him his word for a rule, and that therefore
he could not fall under the civil law, but in so far as, after trial, he
should be found to have passed from his instructions, which trial only
belonged to the prophets, &c. 2. The liberties of the church and
discipline presently exercised, were confirmed by divers acts of
parliament, approved of by the confession of faith, and the
office-bearers of the church, were now in the peaceable possession
thereof; that the question of his preaching ought first, according to
the grounds and practice foresaid, to be judged by the ecclesiastical
senate, as the competent judges thereof at the first instance. This
declinature, with a letter sent by the different presbyteries, were, in
a short time, subscribed by between three and four hundred ministers,
all assenting to and approving of it.
The commissioners of the general assembly then sitting at Edinburgh,
knowing that the king was displeased at this proceeding, sent some of
their number to speak with his majesty, unto whom he answered, That if
Mr. Black would pass from his declinature he would pass from the
summons; but this they would not consent to do. Upon which, the king
caused summon Mr. Black again on the 27th of November, to the council to
be held on the 30th. This summons was given with sound of trumpet and
open proclamation at the cross of Edinburgh; and the same day, the
commissioners of the assembly were ordered to depart thence in
twenty-four hours, under pain of rebellion.
Before the day of Mr. Black's second appearance before the council, he
prepared a still more explicit declinature, especially as it respected
the king's supremacy, declaring, That there are two jurisdictions in the
realm, the one spiritual and the other civil; the one respecting the
conscience and the other concerning external things; the one persuading
by the spiritual word, the other compelling by the temporal sword
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