Declarations are said to be Contrary to Law pag. 449. And all Officers are forbidden any way to Publish or to Proclaim the same The King's Commissions of Array are Declar'd July 20. to be against Law the Liberty and Property of the Subject And the Actors in it to be Esteem'd Disturbers of the Peace of the Kingdom pag. 478. And again pag. 576. All such Persons as shall upon any Pretence whatsoever Assist his Majesty in this War with Horse Arms Plate or Monies are declar'd Traytors to his Majesty the Parlialiament and the Kingdom and to be brought to condign Punishment The Poyson of their Artificial Delusions you will find Maliciously enough Defus'd in their Remonstrance of May the 26. 1642. pag. 263. And the Doctrine of That Declaration summ'd up with great Exactness in his Majesties Answer to it contracting the Venome of it into These Six Positions First That they have an Absolute Power of Declaring the Law And that whatsoever ever they declare to be so ought not to be question'd either by King or People so that all the Right and Safety of the Prince and Subject depends upon their Pleasure Secondly That no Presidents can be Limits to Bound their Proceedings which If so The Government of the Turk Himself is not so Arbitrary Thirdly That a Parliament may dispose of any thing wherein the King or Subject hath a Right for the Publique Good speaking all this While of the Remnant of the Two Houses That they without the King are This Parliament and Iudge of This Publique Good and that the King's Consent is not Necessary So that the Life and Liberty of the Subject and all the Good Laws made for their Security may be dispos'd of and Repeal'd by the Major Part of Both Houses at any time present and by any Wayes and Means Procured so to be and his Majesty has no Power to Protect them Fourthly That a Member of either House ought not to be troubled or meddled with for Treason Felony or any Other Crime without the Cause first brought before Them that they may judge of the Fact and their Leave obtained to Proceed Fifthly That the Sovereign Power resides in Both Houses of Parliament The King has no Negative Voice and becomes Subject to their Commands Lastly That the Levying of Forces against the Personal Commands of the King tho' accompany'd with his Presence is not Levying War against the King But to Levy War against his Laws and Authority which they have Power to Declare and Signifie is Levying War against the King And that Treason cannot be Committed against his Person otherwise than as he is Entrusted with the Kingdom and Discharging that Trust and that they have a Power to judge whether he discharges it or no. And to justifie their Usurpations they do maintain pag. 270. That the Kings of This Realm are Oblig'd to pass all such Bills as are Offer'd unto them by Both Houses of Parliament It would be superfluous to tell you of their Proclaiming Fasts and Assuming to themselves other Rights of Sovereignty under the specious Pretence of a Parliament But to shew you that it was All an Imposture If the King will not Agree the Two Houses they say may Act without him If the Two Houses Differ the Sovereignty rests in the House of Commons As in the Case of a Bill they sent up to the Lords for Directing a Protestation which they had Fram'd to be generally taken throughout England This Bill the Lords Rejected Whereupon the Commons pass'd this Vote That That House did conceive that the Protestation made by them is fit to be taken by every Person that is well Affected in Religion and to the Good of the Common-Wealth and therefore doth declare That what Person soever shall not take the Protestation is Vnfit to bear Office in the Church or Common-Wealth And so they order'd the Knights Citizens and Burgesses to send down to the several Places for which they serv'd Copies of that Vote of the House concerning the Protestation and that the Vote should be Printed They began with a Contempt of the Lords they Lay'd them quite Aside at last and in the Conclusion they Themselves were upon their Own Arguments Confounded by the Rabble You see the Dominion these People Challenge over their Master and it cannot be expected that they should give any better Quarter to their Fellow Subjects But it is Their Way of making Kings Glorious and Patronizing the Liberty of the People The Positions of the English-Covenanters as to the Liberty and Propriety of the Subject IN May 1641. they enter'd upon their Design with the Protestation above-mention'd in these Words I A. B. do in the Presence of Almighty God Promise Vow and Protest to Maintain and Defend as far as Lawfully I may with my Life Power and Estate the true Reformed Protestant Religion express'd in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realm contrary to the same Doctrine and according to the Duty of my Allegiance to his Majesties Royal Person Honour and Estate as also the Power and Privileges of Parliament the Lawful Rights and Liberties of the Subjects c. Here was First an Vsurpation in the Imposing of it and Secondly an Abominable Fraud in the Construction of it The Matter of it was so Plausible that it went down without much Enquiring into the Authority of it but upon the Commons declaring that the Doctrine of the Church of England had no Regard to the Maintaining of the Descipline and Government of it And Afterward that the Sovereignty was Virtually in the Two Houses and that by This Protestation they were Oblig'd to serve That Interest Mens Eyes came then to be Open'd and they saw their Errour For they were call'd upon according to their Solemn Vow and Protestation to Subscribe for Money and Plate pag. 340. and to Maintain Horse Horse-men and Arms for the Defence of the King and Both Houses of Parliament In York shire there was a Neutrality Propounded by some Persons of Eminent Condition in the County but the Lords and Commons Declar'd against it pag. 629. as a Contradiction to the Tye of their General Protestation And it went so high that they past a Vote Oct. 15. 42. That such Persons as shall not Contribute to the Charge of the Common-wealth in This Time of Imminent Necessity shall be held fit to be Disarm'd And the same day they Voted the Sequestring of Church-Lands Delinquents Estates and Revenues of the Crown They Order'd Victuals and other Necessaries for the Army to be taken up upon Publique Faith Nov. 29. 42. pag. 763. and where any thing was Refused to Force it And likewise they appointed a Committee of Six Citizens of London or any Four of them for the Assessing all such to the twenti'th Part of their Estates as had not contributed upon the Propositions of raising Money Plate Horse c. in Proportion to their Abilities The said Assessment to be
presses the Two Houses to a Speedy Establishment of the Presbytery And here again no Mention of his Majesty But what 's the Sum now of these Propostions that stand in Competition with the Kings Freedome Life and Dignity First Only the Iustifying and Confirming of all they had done Secondly The giving away of the Militia of England and Ireland for Twenty Years with Power to Raise Men and Money Thirdly His Majesty must Swear and Sign the Covenant Impose it upon the Three Kingdomes Abolish Episcopacy and settle Religion as Both Houses shall Agree Fourthly All Honours since 1642. must be made Null and Void No Peers admitted in Parliament for the Future but by Consent of the Two Houses Fifthly All Great Places and Offices of Honour in England and Ireland to be Dispos'd of by Consent of Parliament and in Fine his Majesty must deliver to Death Beggery and Scorn all that ever Serv'd him Thus was this Glorious Prince Betray'd and Sold according to the COVENANT Here 's the True English of it and the Divinity of that Moloch to which this Nation has offer'd up so many Noble Sacrifices Are not our Fundamental Laws Persons Consciences and Estates Secure and Happy under the Care and Wing of such Blessed Guardians How meanly have we Prostituted the Reverence of the Land and of the Government to the Lusts of these Imperious Shameless Ravishers Take Notice here of some of the Kirks following Resolves upon the Main Point in Question First That the Kings Taking of the Scotch Covenant and Passing Some of the Propositions does not Warrant Scotland to Assist him against England Secondly That upon bare Taking the National Covenant they may not Receive him Thirdly That the Clause in the Covenant for Defence of the Kings Person is to be understood In Defence and Safety of the Kingdom Fourthly That his Majesty shall Execute no Power in Scotland without satisfying every Point Fifthly That Refusing the Propositions he shall be dispos'd of according to the Covenant and the Treaties Nor would the Two Houses Probably have Us'd him any better if he had gone to Them For upon his First withdrawing himself they Voted it Treason and Death without Mercy for any Man to Harbour and Conceal the Kings Person upon a Supposition that his Majesty was then in London This was the 4th of May and on the 6th the Commons Voted him to Warwick Castle which was Unvoted again upon the 9th and in Iune they Voted the Kings going to the Scots a Design to prolongue the War Let me not appear to Confound the Faction of Scotland with the Nation for no Country affords greater Instances of Integrity and Honour Nay I have heard it from good Authority that the Kings going into Scotland which he most earnestly desir'd was carry'd in the Negative only by Two Voyces His Majesty is now under the Care of his New Governours and a Prisoner to the Covenanters at Holdenby where he desir'd only Two of his Chaplains that had not taken the Covenant and Then a Common-Prayer Book for his own Private Use but Neither could be Granted him At the Isle of Wight the same Faction had the handling of him again where they still Treated his Majesty much at the same Rate And they Us'd his Royal Successour not much better in 1650. When to Auspicate the Project for the Recovery of his Crown in the very Dependence of a Treaty at Breda with him upon the Instigation of the Kirk they Murther'd the Brave and Generous Montross with the most horrid Circumstances of Malice Imaginable And how they Us'd the King himself afterward at his Coming among them I am not willing to mention Nay when the Time appointed by Gods Providence was come for the Restoring of the King the Presbyterian Ministers in London Publish'd a kind of Squinting Gratulation upon That Occasion as if Popery were coming in with his Majesty for Company And the same Party upon the Re-Admission of the Secluded Members press'd upon the House of Commons these Two following Votes for the Justification of the Rebellion in 1641. and in order to the Exclusion of the Royal Party from the next Choice 1. I do Acknowledge and Declare that the War undertaken by Both Houses of Parliament in their Defence against the Forces rais'd in the Name of the Late King was Iust and Lawful and that Magistracy and Ministry are the Ordinances of God 2. Resolv'd that All and Every Person who have Advised or Voluntarily Aided Abetted Assisted in any War against the Parliament since the First day of Jan. 1641. His or Their Sons unless He or They have since manifested their Good Affections to This Parliament shall be Vncapable to be Elected to serve as Members of the next Parliament So that as their Feud against Kings is Implacable their Aversion likewise to all those that Love their Prince descends from Generation to Generation How Inconsistent Presbytery is with Monarchy is sufficiently manifest But they 'l say for themselves that Kings may be Misled and that it is not the Form of Government that is Grievous to Them but the Male-Administration of it To which it may be Reply'd That All Governours under what Form soever are to Them Alike where they themselves are not Vppermost And that the Reformation of Personal Failings will not do their Business without the Total Subversion of all those wholesome and Profitable Laws that stand in the Way of their Discipline It being their Custome to Reproach Princes and their Ministers for straining the Prerogative while they Themselves at the same time Usurp over Kings Parliaments and People And Trample under their Feet All that is Sacred in Society and Government Princes 't is true may have their Errours and their Passions but what have the Innocent Laws done Are They Popishly Affected too But where ever Presbytery reigns there can be no Law but their own Will. Did they not in Scotland Damn Bishops as Anti-Christian and Deprive Ecclesiastiques of their Voyces in Parliament Convention and Council notwithstanding Three Acts of Parliament that is to say of 1584. 1597. and 1606. expresly to the Contrary And did they not pronounce the Acts of the Assemblies of Glasgow and Perth to be Void and Illegal tho' Enacted as Municipal Laws Ask them now says his Late Majesty Large Declaration Pag. 416. by what Authority they do these things expresly against Acts of Parliament Acts of Council and Acts of General Assemblies They Answer that Those Acts of Assembly were unduely Obtain'd and that now they have Rescinded them For Acts of Parliament and Acts of Council they Express great Wonder that any man should Question their Authority over Them For if Christ be above the King Christ Council must likewise be Supreme Parliaments being only the Council of the Kingdom And for the Kings Privy Council and Iudges they must submit to the Councellours and Iudges under Christ who is the King of Kings Nor is it all that
Session In this Iudicatory the Leading men of the Faction lay their Heads together form their Projects and when the Commissioners return from hence to their several Presbyteries they intimate to the Particular Ministers what Points they are to Preach upon for the Advancement of those Designs The General Assembly is Sovereign and Independent Hither lies the Last Appeal and the Jurisdiction of it is Universal in what concerns Ecclesiastical Matters and Persons or Temporals in Order to Spirituals They look upon themselves as immediately Entrusted by Christ and to Him only do they hold themselves Accomptable Whosoever does not obey this Sovereignty tho' the King himself he is to be Excommunicate and the Nobility Gentry Collective Body nay every Individual Person is to assist to the Compelling Censuring and Punishing of him to the Utmost of his Power So that the King himself is at their Command and to order the Execution of their Censures in Estate Body Life and Death To This Iudicatory Two Preaching Elders and a Lay-Elder are sent as Commissioners from every Presbytery in the Kingdome so that the Clergy have thus far Two to One but then reckoning that every Borough and Corporation sends One Commissioner and the Vniversities and Colledges their Commissioners too which are most of them Lay-men this Assembly of the Kirk is turn'd into a Council of State The King himself is also a Member of this Assembly either Personally by Himself or Virtually by his Commissioner but without a Negative Voice or any Power there beyond that of a Lay-Elder The Major Part carries it and whatsoever They Vote tho' against the Kings Opinion and Conscience he is bound to see it put in Execution upon pain of being Excommunicate and Depos'd from his Government And if any thing be propos'd in this Assembly as Spiritual tho' never so hazzardous to the Crown if they tell you that it is for Christ's Glory there 's no opposing of it in favour of the Publick Peace or State The Proper President is a Preaching Elder and this Iudicatory they accempt as Christ's highest Tribunal upon Earth from whence there lies no Appeal They are oblig'd to meet once a year and they Indict and Adjourn themselves by their own Power without allowing the King to appoint either the Time or the Place only if there be any Occasion of meeting before the time set their Commissioners give an Accompt of it to the King The steps by which they mounted to this Arbitrary Jurisdiction were A Dislike First Of the Church-Government Secondly Of the Church-Governours Thirdly They propos'd a Reformation after the Geneva-Copy which not being admitted Fourthly They fram'd a Model of their Own And lastly by Fraud Violence and Rebellion they Impos'd it upon the Nation The English Presbytery THis was the Method also and the Design of the English Disciplinarians under Queen Elizabeth as appears by the Records of those times tho' many particulars of the Conspiracy were never brought to Light The Examples of Geneva and Scotland were at every turn press'd upon the English and a Confederacy was carry'd on in Both Nations for the Erecting of the same Platform of Presbyterial Discipline which one Davison a Scotch-man affirms to have no less Warrant to be continu'd perpetually within the Church under this Precept Feed my Sheep than hath the Preaching of the Word or the Administration of the Sacraments From 1560 to 1572 they vented their Spleen only in Libels and Conventicles In Novemb. 72. they Erected a Presbytery at Wandesworth in Surry and from that time to 1583 their Design was agitated in secret Meetings which they call'd Conferences wherein at a London-Meeting they came to This Conclusion That the Present Government of the Church by Arch-Bishops and Bishops is Anti-Christian and that the only Discipline and Government of Christ that is by Pastors Doctors Elders and Deacons shall be Establish'd in Place of the Other In 1583 Their Book of Discipline is Drawn up which they call'd the Synodical Discipline and an Assembly being held upon it among other Decrees it was order'd That the Comitial Assemblies are to be monished to make Collections for Relief of the Poor and of Scholars but especially for Relief of such Ministers here as are put out for not Subscribing to the Articles tender'd by the Bishops also for Relief of Scottish Ministers c. These Scottish Ministers were they that Justify'd the Rebellious Act of making King Iames a Prisoner in 1583. and took Sanctuary in England upon the Parliaments Declaring it Treason And who so proper Instruments as They for the Promoting of another Rebellion in England Their Book of Discipline was review'd and put in Practice in 1587. In 1589 it was Perfected and in the Year following the Conspiracy was detected when upon Examinations of Littleton Edmunds Iohnson Barbon Holms Brown c. it appear'd that the Discipline was Fram'd Subscrib'd and Carry'd on in all Respects after the Scottish Project and Model By Publique Justice upon some of the Principal Incendiaries and King Iames his Vigilance and Care afterwards the Consistorians were for a long time kept within some tolerable Compass Their Mouths were stopt upon the Conference at Hampton-Court Anno 1603 with a strict Proclamation for the Observing of an Vniformity in the Church Episcopacy was restor'd in Scotland in 1610 and an Act pass'd in a General Assembly at Aberdeen in 1616 Authorizing the Compiling and Framing a Publique Form of Liturgy or Book of Common Prayer to be first presented to the King and after his Approbation to be Universally receiv'd throughout the Kingdome Which Book pursuant to the Act was by the Arch-Bishop of St. Andrews sent up to his Majesty and by himself and his Order Examin'd Corrected and Return'd But his Majesty dy'd before it could be put in Practice And this was the Book which with very little Alteration and That too in favour of their pretended Scruples was by the late King's Proclamation in 1637 commanded to be publickly Us'd in all Counties of that Kingdome There were also diverse of the English Rites and Ceremonies settled in 1618 by Five Articles that pass'd the Assembly at Perth Which Articles cost King Iames an Expensive Journey into Scotland the Year before where he was forc'd to tell them plainly in a Speech at St. Andrews That it was a Power belonging to all Christian Princes to order Matters in the Church and that he would never regard what they Approv'd or Disapprov'd except they brought him a Reason which he could not Answer To which upon Consideration they made his Majesty this Return That if he would grant them a Free Assembly they would therein satisfie his Majesty in all the Points he had propounded The King depending upon it return'd into England and the day of the Assembly being come and nothing done according to their Promise his Majesty went a short way to Work with them and took away their Augmentations that he had formerly allow'd them out of the Exchequer
as God has Condemn'd of what Estate Condition or Degree soever It is not Birth-Right only nor Nearness of Bloud that maketh a King Lawfully to Reign over a People professing Christ Jesus but Princes for Iust Causes may be Depos'd Kings Princes and Governours have their Authority of the People and upon Occasion the People may take it away again Thus far Knox Now for Buchanan The People says he have the same Power over the King which He has over any One Man They are Better than the King and of Greater Authority and may bestow the Crown at Pleasure The making of Laws belongs to Them They may Arraign their Prince The Ministers may Excommunicate him and He that by Excommunication is cast into Hell is not worthy to Enjoy any Life upon Earth It were Good says he that Rewards were appointed by the People for such as should Kill Tyrants as there are for those that Kill Wolves or Bears or take their Whelps The Seizing and Emprisoning of King Iames in Aug. 1582. being Adjudg'd Treason by the Three Estates in Decemb. 18. 1583. and some of the Criminals Executed an Assembly of Ministers and Elders at Edinburgh in 1585. did not only Authorize and Avow the Action but also ordain'd all people to be Excommunicated that would not Subscribe to their Judgment And Andrew Melvil being Cited to Answer for Treason deliver'd in a Sermon declin'd the King's Authority Affirming that what was spoken in the Pulpit ought first to be try'd by the Presbytery and that neither King nor Council might in the first Instance meddle therewith although the Speech were Treasonable Upon King Iames his Coming to the Crown of England he order'd the Proroguing of the Assembly at Aberdeen which was to have met in 1604. to a longer day But thirteen or fourteen of them for all this met formally at the day appointed The Lords of Council discharg'd their Meeting Whereupon they Protested That in Conscience and in Duty to Almighty God they were bound to preserve the Churches Right and neither Could nor Would give way to that Power the King had Sacrilegiously Vsurp'd over it Hereupon they were Convented and Appeal'd from the King's Council to the next General Assembly I had almost forgotten the Determination of Wilcock and Knox who Positively gave their Judgments That it was Lawful to Depose the Queen Regent Whereupon she was solemnly Process'd Sentenc'd and Depriv'd The Positions of the Presbyterians under Queen Elizabeth THe Church sayes Cartwright wherein any Magistrate King or Emperour is a Member is Divided into some that are to Govern as Pastors Doctors and Elders and into such as are to Obey as Magistrates of all sorts and the People The Admonitour holds it fit That he and his Companions may be deliver'd by Act of Parliament from the Authority of the Civil Magistrates As Iustices and Others from their Indictings and Finings Every Fault says Cartwright that tendeth either to the Hurt of a Man's Neighbour or to the Hindrance of the Glory of God is to be Examin'd and Dealt in by the Order of the Holy Church Nay the very Suspicion of Avarice Pride Superfluities in Meat or Clothing falls under their Lash All men says Goodman are bound to see the Laws of God kept and to Suppress and Resist Idolatry by Force Nor is it sufficient for Subjects not to Obey the Wicked Commands of Princes but they must Resist them and Deliver the Children of God out of the hands of their Enemies as we would deliver a Sheep that is in danger to be devour'd by a Wolf If the Magistrate shall refuse to put Mass-Mongers and false Preachers to Death the People in seeing it perform'd shew that Zeal of God which was commended in Phineas Subjects do promise Obedidience that the Magistrate might Help them which if he does not they are discharg'd of their Obedience If Magistrates without Fear transgress God's Laws themselves and Command others to do the like they are no more to be taken for Migistrates but to be Examin'd Accus'd Condemn'd and Punish'd as Private Transgressors Evil Princes ought by the Law of God to be Depos'd and Inferiour Magistrates ought chiefly to do it And now hear Gilby to the same Tune Kings Princes and Governours have their Authority of the People and upon Occasion the People may take it away again as men may revoke their Proxyes and Letters of Atturney It is Lawful sayes he to kill wicked Kings and Tyrants the Subjects did kill the Queen's Highness Athalia Jehu kill'd the Queens Majesty Jesabel Elias being no Magistrate kill'd the Queen's Majesty's Chaplains Baal's Priests These Examples are left for our Instruction where Iustice is not Executed the State is most Corrupt If neither the Inferiour Magistrates says he nor the greatest part of the People will do their Offices in Punishing Deposing or Killing of Princes then the Ministers must Excommunicate such a King It would be Endless to follow these Instances as far as they would carry me so that I 'le back now again into Scotland and you will find them much of the same Opinion under Charles I. as they had been under his Royal Father The Positions of the Kirk under the Late King IN their Protestation of September 22. 1638. against the King's Declaration they say First That what Subjects do of their own heads is much better than what they do in Obedience to Authority the One Savouring of Constraint but the Other being Voluntary and Chearful Obedience Secondly That the Parliaments Power does no more reach to the Placing of Officers Originally in the Church than the Church has Power to make States-men in the Common-wealth Thirdly The Parliament can make no Law at all concerning the Church but only Ratifie what the Church Decrees And after it has Ratify'd it yet if the Assembly of the Church shall Prohibit it and Repeal that Decree of the Church all the Subjects are discharg'd from yielding Obedience to the Act of Parliament Fourthly The Assembly has Power to discharge all Subscriptions to the Confession of Faith commanded to be Subscrib'd by his Majesty and as it is Interpreted by Him or his Commissioner Fifthly The Assembly without the King is the Church and the only Iudge Competent fit to Interpret and Explain all Doubts arising upon the Confession of Faith Commanded by his Majesty Sixthly Tho' the Law be Interpreted yet if the Intepretation be dislik'd by Most of the Kingdom the Body of the Kingdom for whose Good the Law was made may crave the lawful Redress of Grievances sustained by that Law Take Notice here that they had already Actually trangress'd the Law without staying for Leave and Justifi'd the Doing of it Seaventhly The Assembly is Independent either from King or Parliament in Matters Ecclesiastical Eighthly That the King is to Receive all the Determinations of an Assembly as a Son of the Church tho' they be not matters of Faith but only of Government and concluded by Acts of Parliament Ninthly It is