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Updated: June 26, 2025
In this they seem to have fallen upon a very good expedient for their own happiness and safety; for since the good or ill condition of a nation depends so much upon their magistrates, they could not have made a better choice than by pitching on men whom no advantages can bias; for wealth is of no use to them, since they must so soon go back to their own country; and they being strangers among them, are not engaged in any of their heats or animosities; and it is certain that when public judicatories are swayed, either by avarice or partial affections, there must follow a dissolution of justice, the chief sinew of society.
It was almost exactly the position of James Johnstone, former secretary for Scotland, who, writing from London to the chancellor of Scotland, declared his belief in the existence of witches, but called attention to the fact that the parliaments of France and other judicatories had given up the trying of them because it was impossible to distinguish possession from "nature in disorder."
The bills to be laid before it were to be prepared in a grand council composed of the governor, the nobility, and the deputies of the proprietors, who were invested also with the executive power. At the end of every century, the laws were to become void without the formality of a repeal. Various judicatories were erected, and numerous minute perplexing regulations were made.
As in the Jewish church there was evidently a subordination of judicatories, so that those injured in the synagogue might appeal to the Sanhedrin, Deut. xvii. 8, 12; 2 Chron. xix. 8, 11; Exod. xviii. 22, 26; Ps. cxxii. 5: therefore as our dangers, difficulties, and necessities are as great as theirs, by reason of false teachers and corrupt doctrines, which were foretold should appear in the last times, 1 Tim. iv. 1; 2 Pet. ii. 1; we cannot, without dishonor to Christ, suppose that he would deprive us of a proper remedy for redressing our grievances, which was afforded unto them: the gradual advance in managing offences prescribed by Christ himself, Matt. xviii. 19, as his care for the whole church cannot be less than for a single member.
Again, by a clause in the toleration bill, the security given by former laws to Presbyterian church government and discipline, is undermined and taken away, at least rendered ineffectual, and made the subject of ridicule to the openly profane, by the civil magistrate's withdrawing his concurrence, in as much as it declares the civil pain of excommunication to be taken away, and that none are to be compelled to appear before church judicatories.
The justness of this charge manifestly appears from the scope of their Act and Testimony, which seems to be principally leveled against the corruptions of the present church judicatories, and not equally against the corruptions of both church and state, in agreeableness to the faithful testimonies of the Lord's people in former times, and in a consistency with the reformation that was jointly carried on in both church and state, and solemnly sworn and engaged to in the covenants.
"Much time is usually spent ... in considering petitions for new trials at law, for leave to sell the real estates of persons deceased, by their executors, or administrators, and the real estates of minors, by their guardians. All such private business is properly cognizable by the established judicatories.... A legislative body ... is extremely improper for such decisions.
But, since the time of that acknowledgment there has still been more and more degeneracy, so that judicatories have consisted of, and been filled with perjured traitors to God and their country.
The Assembly had drawn up a Petition or Remonstrance against the Articles of the conclusive Ordinance of March 14, providing for an agency of Parliamentary Commissioners to aid and supervise the Church judicatories.
What shall now the adversaries of ecclesiastical power object here, which those who admit not the yoke of the magistrate may not be ready, in like manner, to transfer against the civil judicatories and government of the commonwealth, seeing it happeneth sometimes that the commonwealth is no less ill governed than the church?
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