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A47866 The growth of knavery and popery under the mask of presbytery L'Estrange, Roger, Sir, 1616-1704. 1678 (1678) Wing L1256; ESTC R12227 33,537 104

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which brought down their Stomacks and made Way for the passing of the aforesaid Articles It is not my Intent to write any thing more of the History of the Times than what I find pertinent to my present purpurpose so that passing over the Grumblings and Mutinous Dispositions that appear'd in the Remainder of King Iames and the First Seaven or Eight Years of King Charles his Reign I shall only tell you by way of Introduction to what follows that the late King having before-hand order'd a Convention of the Estates upon the 13th of May 1633. began his Journey towards Scotland in order to his Personal Coronation where he was receiv'd with a Pomp and Acclamation befitting the Dignity and the Solemnity of the Occasion His first Work was to ratifie the Laws and Statutes of his Predecessour in Relation to Church-Government which pass'd not without some Opposition but the Commission of Surrenders went yet nearer them tho' both the Owners of Lands and the Ministers were so abundantly satisfi'd that the Former as the King himself says in his large Declaration pag. 9. acknowledg'd it as a Deliverance from an Intolerable Bondage under which They and their Ancestours ever since the Reformation of Religion had grievously Groan'd and the Other with Infinite Gratitude Celebrated his Majesty as the Father and Founder of their Churches The Case was this as Heylin renders it in his Cyprianus Anglicus pag. 224. In the Minority of King James the Lands of all Cathedral Churches and Religious Houses which had been settl'd on the Crown by Act of Parliament were shar'd among the Lords and Great Men of that Kingdom by the Connivance of the Earl of Murray and some other of the Regents to make them sure unto that side and They being thus possess'd of the Lands with the Regalities and Tithes belonging to these Ecclesiastical Corporations held the Clergy to small Stipends and the Peasantry in Vassallage His Majesty was advis'd by Council to take them into his own hand the present Occupants having no other Title to them than the Vnjust Vsurpation of their Predecessors And this was carri'd in such a Manner too that the very Nobility and Lay-Patrons could not open their Mouths against it for they were satisfi'd for their Tithes to the Uttermost Farthing only they lost the Dependency of the Clergy and Laity upon them by Virtue of these Tithes and Consequently the Power of making a Party to Embroil the Government They contented themselves within the Bounds of Libels and Clamours till that Rebellious Outrage in the great Church of Edinburgh on the 23 of Iuly 1637. Which was no more than the Emprovement of an Occasion to put the Principles of the Consistory in Execution I 'le make some amends for the length of this Digression by Contracting my self upon the Discipline which was afterward Erected in England after the Scotch Pattern It will be a hard matter to pass from 1637 to 1648 without taking some Notice of the Horrid Distempers in that Interval I shall only tell you that after three or four Years spent in Dissolving the Legal Government and Debating what we should have in the Place of it Out comes the Directory Ian. 3. 1644. with an Ordinance of the Lords and Commons for the Authorizing of it And afterward Aug. 23. 1645. another Ordinance for the more effectual Execution of it which was follow'd Iun. 5. with an Ordinance for the present Settling of it without further Delay and Aug. 19. 1646. with Directions for the Chusing of Ruling-Elders in all the Congregations and in the Classical Assemblies for the Cities of London and Westminster and the several Counties of that Kingdom in order to the speedy settling of the Presbyterial Government There pass'd also an Ordinance for the manner of Ordination of Misters with Rules for Examination and Suspension from the Holy Supper c. And Another of Ianuary 29. 1647. for the speedy dividing and settling the several Counties of this Kingdom into Distinct Classical Presbyteries and Congregational Elderships and they came at last Aug. 29. 1648. to The Form of Church Government to be us'd in the Church of England and Ireland agreed upon by the Lords and Commons assembled in Parliament after Advice had with the Assembly of Divines And all This toward the Promoting of an Union with the Kirk of Scotland I should have told you of the Ordinance of Iun. 12. 1643. for the calling an Assembly of Learned and Godly Divines to be consulted with by the Parliament for the settling of the Government of the Church The Knights of every Shire to make Choice of Two that should serve as Members for That County and These in Conjunction with so many of the Members of Both Houses as might serve to inspect their Actions took upon them the Powers and Authothority of a Convocation The Form of their Government was the same with That of Scotland They had their Congregational Classical Provincial and National Assemblies with the same degrees of Subordination and Vested in Proportion with the same Powers They had their Expectants too and the Constitution of their several Iudicatories was the very same only the Lords and Commons under the Notion of a Committee for judging of Scandal were so wise as to reserve the Last Appeal to Themselves which was formerly lodg'd in the General Assembly by which Device the Schism was made subservient to the Rebellion whereas in Scotland it was the clear contrary And they had also another Hank upon them in appointing that the National Assembly should meet upon a Summons by Parliament and then sit and continue as the Parliament should order and not Otherwise for they were not able to consent they said in a Declaration of the House of Commons Apr. 17. 1646. to their Granting of an Arbitrary and Unlimited Power and Jurisdiction to near ten thousand Judicatories to be Erected in the Kingdom which could not be consistent with the Fundamental Laws and Government of it and which by necessary Consequence did Exclude the Parliament from having any thing to do in That Iurisdiction But the Nation is never the better yet for This Caution so long as the Tyranny and the Slavery is still the same From this View of their Brotherly Agreement in Government we shall now proceed to their Harmony in Positions and our Brethren of Scotland shall lead the Way The Positions of the Kirk under the Queen Regent and James VI. THe Punishment of such Crimes says Knox as touch the Majesty of God doth not appertain to Kings and Chief Rulers only but to the whole Body of the People and to every Member of it as Occasion Calling and Ability shall serve Nay they are bound by Othe to God to Revenge the Injury done to his Majesty If Princes be Tyrants against God and his Truth their Subjects are discharg'd from their Othes of Obedience The Nobility and Commonalty ought indeed to Reform Religion and in that Case may remove from Honour and Punish such
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
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
Lawful for Subjects to make a Covenant and Combination Without the King and to enter into a Bond of Mutual Defence Against the King and all Persons whatsoever tho' against several Acts of Parliament Tenthly It is Lawful for themselves sitting in an Assembly to Indict a New Assembly without the King's Consent Eleventhly If Subjects be convented before the King and Council for any Misdemeanour they may Appeal from the King and Council to the next General Assembly and Parliament if they think either the Glory of God or the Good of the Church concern'd in the Matter in Question Twelfthly They do not desire the King to Indict a General Assembly as needing his Authority but rather for his Honour and for the Countenance of their Proceedings Alledging that if the Prince shall omit to do his Duty the People from whom he had his Power Originally may Resume it Thirteenthly If the King's Voice shall be deny'd to any thing tho' never so Vnjust and Illegal that shall be carry'd by the Major part of the Assembly his Majesty is bound Jure Divino to enforce Obedience to to those Acts and the Counsellors or Iudges refusing to Execute shall be Excommunicate and depriv'd of their Places and Estates Fourteenthly An Assembly may Abrogate Acts of Parliament and discharge the Subject from Obeying them if they any way reflect upon the Business of the Church Fifteenthly The Protestation of the Subjects against Laws Establish'd either before the Iudges of the People or the People themselves who are born to be Iudg'd doth void all Obedience to those Laws without ever bringing of them to be discuss'd before a Competent Iudge Sixteenthly The Major part of the People may do any thing they say which they Themselves conceive Conducing to the Glory of God and the Good of the Church any Laws to the Contrary notwithstanding These Positions you will find in his Majesties Large Declaration concerning the Tumults in Scotland pag. 407. et Deinceps We shall now see how the Counterpart of this Confederacy behav'd it self in England And shew you the Doctrine and Principles of the Faction in the very Infancy of the Rebellion as appears out of their own Acts. See Husband 's Exact Collections Printed in London 1643. The Positions of the English-Covenanters and First In Case of the King's Authority AFter that the Faction had Extorted from his Late Majesty such Concessions as never any Prince granted before Himself And when they had Defam'd his Government and his Person and Poyson'd his People with Contemptuous and Scandalous Libels Upon March 2. 1641. They began to Vnmask and to discover to the World that their Design was not to Reform but to Govern and upon Pretence of Fearing an Invasion from Abroad took the Power of the Militia into their Own Hands at Home Resolving upon the Question p. 96. That the Kingdom be forthwith put into a Posture of Defence by the Authority of Both Houses This Vote was seconded by Another of March 15. pag. 112. That in Case of Extreme Danger and of his Majesties Refusal to give them the Power of the Militia the Ordinance agreed on by Both Houses for the Militia doth Oblige the People and ought to be Obey'd by the Fundamental Laws of this Kingdom His Majesty insisting upon the Illegality of This Proceeding Both Houses pass'd this following Vote March 16. That when the Lords and Commons in Parliament which is the Supreme Court of Iudicature in the Kingdom shall Declare what the Law of the Land is to have This not only Question'd and Controverted but Contradicted and a Command that it should not be Obey'd is a High Breach of the Privilege of Parliament pag. 114. Finding themselves Pinch'd upon this Point they fly to a Distinction betwixt the Letter and the Equity of all Laws pag. 150. There is say they in Laws an Equitable and a Literal Sense His Majesty is Entrusted by Law with the Militia but 't is for the Good and Preservation of the Republique against Foreign Invasions or Domestique Rebellions not that the Parliament would by Law Entrust the King with the Malitia against Themselves or the Common-wealth that Entrusts Them to provide for their Weal not for their Woe So that upon Certain Appèarance or Grounded Suspicion that the Letter of the Law shall be emprov'd against the Equity of it the Commander going against its Equity discharges the Commanded from Obedience to the Letter The Pretence of Defending the Government is now Advanc'd to the Reforming of it Apr. 9. 1642. The Lords and Commons do Declare That they intend a Due and Necessary Reformation of the Government and Liturgy of the Church pag. 135. Having already by Violence Encroach'd upon the Militia as against a Foreign Power the First Considerable Use that they make of it is to Employ it against his Majesties Authority and Person Before Hull and Pass'd Two Votes Apr. 28. in Justification of the Action Resolved c. That his Majesties declaring of Sir John Hotham Traytour being a Member of the House of Commons is a High Breach of the Privilege of Parliament And That without Process of Law it is against the Liberty of the Subject and against the Law of the Land Nay they Vote it May 17. To be against the Law of the Land and the Liberty of the Subject his Majesties Commanding of Skippon to attend him at York and The very Removing of the Term to York from Westminster sitting the Parliament they Vote to be Illegal and Order the Lord Keeper notwithstanding his Majesties Command not to Issue out any Writs or Seal any Proclamation for that Adjournment May 20. They Order also the Putting of all the Magazines in England and Wales into the Hands of Persons well Affected to the Parliament pag. 194. They find themselves now in Condition to Threaten the King and the Kingdom with Open War And pass upon the Question these Three following Votes First That it appears That the King Seduc'd by Wicked Counsel intends to make War against the Parliament who in all their Consultations and Actions have propos'd no other End unto themselves but the Care of his Kingdoms and the Performance of all Duty and Loyalty to his Person Secondly That whensoever the King maketh War upon the Parliament it is a Breach of the Trust reposed in Him by his People Contrary to his Oath and tending to the Dissolution of his Government Thirdly That whosoever shall Serve or Assist him in such Wars are Traytors by the Fundamental Laws of this Kingdom c. And Persuant to these Votes Iuly 12. they Resolve That an Army shall be forthwith Rais'd for the Safety of the King's Person Defence of Both Houses of Parliament and of Those who have Obey'd their Orders and Commands and preserving of the True Religion the Laws Liberty and Peace of the Kingdom pag. 457. All these Votes and Declarations they cause with all Solemnity to be Printed and Publish'd but at the same time his Majesties Proclamations and