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Updated: June 26, 2025
IV. We shall also, with all faithfulness, endeavour the discovery of all such as have been or shall be incendiaries, malignants, or evil instruments, by hindering the reformation of religion, dividing the king from his people, or one of the kingdoms from another, or making any faction or parties amongst the people, contrary to this League and Covenant; that they may be brought to public trial, and receive condign punishment, as the degree of their offences shall require or deserve, or the supreme judicatories of both kingdoms respectively, or others having power from them for that effect, shall judge convenient.
For example, when in the year 1690, there was a paper of grievances presented to the Assembly by some of those who had been keeping up a witness against the iniquitous courses of the times, and were now expecting that as the fruit of a merciful delivery from tyrannical usurpations, and antichristian persecutions, Reformation should be revived, grievances redressed, judicatories rightly constituted, and duly purged, it was far from receiving a kind and friendly reception and they who presented it left without assistance and help, contrary to the tenor of the Covenant, so that that paper could not be allowed a hearing, let be a redress, and the persons who offered it to their consideration were, to their great sorrow and grief of heart, dismissed without a satisfying answer.
It was before the church had shaken off the intolerable yokes of Erastian supremacy and patronages; before she had ecclesiastically asserted, and practically maintained, her spiritual and scriptural claim of right, namely, the divine right of presbytery, and intrinsic power of the church, the two special gems of Christ's crown, as King on his holy hill of Zion; before the explanation of the national covenant, as condemning episcopacy, the five articles of Perth, the civil power of churchmen; before the Solemn League and Covenant was entered into; before the Westminster Confession of Faith, the Catechisms, larger and shorter, the Directory for worship, Form of Presbyterian church government and ordination of ministers, were composed; and before the acts of church and state, for purging judicatories, ecclesiastical and civil, and armies from persons disaffected to the cause and work of God, were made; and all these valuable pieces of reformation ratified with the full and ample sanction of the supreme civil authority, by the king's majesty and honorable estates of parliament, as parts of the covenanted uniformity in religion, betwixt the churches of Christ in Scotland, England and Ireland.
And not only those who were neutral and indifferent, but disaffected and malignant, and others who were profane and scandalous were intrusted. By which it came to pass that judicatories, EVEN THEN, were the seats of injustice and iniquity.
Every one knows that this tribunal was the great stay of that state; every one knows with what a care it was upheld, and with what a religious awe it was consecrated. The parliaments were not wholly free from faction, I admit; but this evil was exterior and accidental, and not so much the vice of their constitution itself, as it must be in your new contrivance of sexennial elective judicatories.
He expressed great grief, and expatiated on the wickedness of our judicatories, adding: "I see I cannot depend on you for quick and summary measures, but for your sake I shall be revenged on that wicked judge, and that you shall see in a few days." The Lord Justice Clerk died that same week! But he died in his own house and his own bed, and by what means my friend effected it I do not know.
In the High Court of Parliament, in every tribunal in Westminster Hall, in the judicatories of Paris and Berlin, of Stockholm and St. Petersburg, in the learned universities of Germany, Italy, and Spain, by every eminent jurist in the civilized world, it will be acknowledged that a great luminary has fallen from the firmament of public jurisprudence.
Now, in regard that act 1592 contains an invasion upon the headship of Christ, and intrinsic power of the church, and ascribes an Erastian power to the civil magistrate over the church, making it unlawful for the church to convocate her superior judicatories, but in dependence upon the king for his licence and authority; and in regard the Revolution parliament did revive and renew this clause in foresaid act 1592, as well as other heads thereof, it must needs follow, that this settlement of religion cannot be freed of the charge of Erastianism.
Likeas, all lieges are bound by the laws of the land inserted in the National Covenant, to "maintain the authority of Parliaments, without which neither any laws nor lawful judicatories can be established."
Let the king see to it, and resolve with David, "That he who worketh deceit, shall not dwell within his house: and he who telleth lies, shall not tarry in his sight." Reformation in judicatories. It should be carefully seen to, that judicatories be reformed; and that men, fearing God and hating covetousness, may be placed in them. A king in covenant, should do as Jehoshaphat did.
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