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
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
Protestation his Majesty observes Eleaven Nullities and that In One Hour they made Void Six General Assemblies tho' Two of them Wholly and the Other Four in Part were Ratifi'd by Acts of Parliament In Another Hour they Damn'd all the Arminian Tenets without Defining what they were In Another Hour they Depriv'd One Arch-Bishop and Two Bishops And in One hour more they Abolish'd Episcopacy Deposing Four Bishops barely upon a Libel read in the Pulpit without Examining any One Witness against them and only for the Crime of Obeying Parliaments and General Assemblies All This they do as having the Cognition of Ecclesiastical Matters They Arm the Subject Block up and Force the Kings Forts and Castles Intercept Victuals and Ammunition for their Relief Tax the People Levy Soldiers against the King Issue out Warrants to Sheriffs for Commissioners of Parliament and when they are Ask'd why they do these things 'T is for the Good of the Church they say the Glory of God and the Preservation of Religion Kings Declaration pag. 415. These are the men that bind their Kings in Chains and their Nobles in Links of Iron according to the very Letter And you shall now see that the English Covenanters are as good Text-Proof as their Brethren Take Notice here That my Observations are restrain'd simply to the Actings of the Presbyterians without Imputing any thing to Them that was done by the Influence of the Independents It appears from what is already said that The Name of God was the Prologue to Both Rebellions The Form and Doctrine of the English League the very Translation of the Scottish It rests now to shew that the English Practices are so likewise and how far they have put their Seditious Positions in Execution What was the English way of Remonstrating and Declaring but the Scottish Mode of Protesting The General Assembly declines the Kings Authority in the Case of Treason and so did the House of Commons in the Case of their Members The Kirk refus'd to pray for the Queen and our Mock-Parliament made it Penal to Pray for the King And they both of them took upon themselves to Convene Assemblies Impose Othes and Subscriptions by their own Power To Banish the Kings Servants and Scandalize his Ministers And with a Scottish Grace the English Faction tells the King in Answer to one of his Declarations That his Suggestion is as False as the Father of Lies can Invent. As they agreed in the Intent of the Reformation So did they also in the Manner of it They Alarm'd the City of London at Midnight that the King was coming with his Papists to fire the Town and burn the Citizens in their Beds the Common Pretences of Scotland And after the Scottish Methode too they Rifled Winchester-Church in 1642. Burnt the Communion-Table in an Ale-House brake open several Leaden Chests wherein the Bodyes of some of the Saxon Kings were Deposited Casting the Dust into the Air and throwing the Bones of them at the Windows Hacking with their Swords the Crown that was there upon the very Statue of the King With the same Barbarity they proceeded at Chichester where they Pickt out the Eyes of Edw. VI. his Picture saying that all this was long of his Book of Common Prayer At Canterbury and Rochester they did the Like and turn'd the Church of St. Paul both into a Stable and an Ale-House It might serve in one word for all to say That they have put all their Positions before spoken of in Practice The Two Houses by their own Authority set up Ordinances for Laws settl'd the Militia stil'd themselves the Supreme Iudicature of the Kingdome Chang'd the Whole Frame of the Government Punish'd those as Traytours that serv'd the King Seiz'd the Kings Forts Towns Magazines and Revenues Rais'd an Army against him Impos'd Taxes Excise Customes took away Episcopacy and the Common-Prayer and settled the Directory Proclaim'd Fasts spoil'd the King of his Authority made him a Prisoner under Colour of taking him into Protection and then for a Sum of Money with Iudas betray'd their Master to be Crucifi'd All this and More was not only the Effect of the Covenant but the very Drift and Meaning of it as appears by the Artificial Emprovement of it to all their Purposes being the very Test of the Faction No man was allow'd to Practice the Law No man Admitted into the Ministry that had not taken it and it was Impos'd under a Penalty upon the Whole Nation And Then After the Taking of it it was made Death for any man to return to his Allegiance and all the Deserters of the Conspiracy that were murther'd under a Form of Justice were put to Death for Breach of Covenant When the late King May 1646. in his Distress apply'd himself to the Scotch and they receiv'd him as into Protection his Friends were kept from him at Newcastle by as strict an Order as afterwards at Holdenby But they Formaliz'd the Matter however how Base a thing it would be for Scotland to Deliver up their King and how Inconsistent with the Duty of their Covenant and how Dishonourable to the Army to whom in his Extreme Danger he had Recourse for Safety The Scotch Commissioners also Aggravating the Matter If it be Contrary say they to the Law and Common Practice of Nations to deliver up the meanest Subject fled to them tho' it be for the greatest Crimes How much more would the World abroad Condemn our Army for a Base Dishonourable Act if they should deliver up their Head and Soveraign having cast himself into their Hands to be Dispos'd of at the Arbitrament of another Nation Nay says the Chancellour I shall desire that the Word of Disposing of the Kings Person may be rightly understood for to Dispose of the Kings Person as Both Houses or Both Kingdoms shall think fit may in some sence be to Depose or worse But alas these Difficulties only stuck till the Price was agreed upon How Stiff they were till the Bargain was Struck and after That how Flat and Supple For Then he tells his Majesty plainly If he refuses the Propositions Both Kingdoms will be Constrain'd for their Mutual Safety to agree and settle Religion and Peace without him And he is told afterward by the Pretended Declaration of the Kingdome of Scotland of Jan. 16. 1646. that by reason of his Refusal there would be a Ioynt Course taken by Both Kingdoms concerning the Disposal of his Person And Then a little After with respect had to the Safety and Preservation of his Royal Person * In the Preservation and Defence of the True Religion and Liberties of the Kingdoms According to the COVENANT c. On Feb. 12. They Exhort their Covenanted Brethren the Assembly at Westminster to hold fast their Solemn League and Covenant to Entertain a Brotherhood and Vnity between the Nations but not a Syllable of the King And again Ian. 18. the General Assembly of the Kirk