without all occasion to keepe your selfe off the Irish oath â—ff these Scottish Ministers whom yee did banish from Ireland off the excessive praises of your patron the Deputie These and such other passages of your booke lift up your maske and lead any who will under the shaddow of the Jesuites hart to behold D. Leslies head that upon it without mistaking may be cast all the garlants of honour which the penning of so brave a piece in so necessary a time doth deserve But whoever you bee whether Leslie or Maxwell or Michell The laÌ„ds griefe is the CanterburiaÌ„s joy or who else of the faction certainly yee are a mirrie man in a very unseasonable time When the whole Yle is in sadnesse and dule in feare and trembling ye are upon your congratularie Epistles And why not These are the dayes yee have panted long for fire and Sword is your Element rather then Episcopall honour should lye in the dust fire water heaveÌ„ hel must all goe thorow other yet who knoweth but your singing in so foule weather may end in mourning to you and jot to all those who now are weeping for that black storme which ye his Grace your Prince have raised in our clemat If wee in one point our adversaries in an hundreth are Iesuited The onely point wherein yee make Covenanters draw neare to Iesuitisme is in their doctrine of the civill Magistrate which ye branch out in 16 particulars Is it not then your mind that whoever leaveth the Protestants in one head of doctrine doth give to the Iesuites matter of congratulation and a good ground to expect their totall apostasie to the popish religion This is the onely scope of your whole booke What then doe you thinke of your fellowes whom I have assayed to convince by their owne testimonies of a defection from the Protestantâ— to the worst of the Iesuites not in one head but so exceeding many that very few contraverted heads doe remaine wherein they are not joyned long agoe with the Jesuites Shall partialitie so farre predomine with you that we Covenanters for conformitie with Jesuites in one point alone must be reputed Apostates from the reformed church of Rome yet ye Canterburians though ye declare your conformitie with Rome in twentie in an hundreth yea well neare in all the contraverted heads of Doctrine yet no man without a great dash to a charitie may begin so much as to doubt of your full Protestanisme That one point wherein ye make us Iesuited is the doctrine of the Magistrate This to you is the head of the Protestant Faith and all their other teners but members following that head your practice is very consonant to this your profession for your new doctrine of the Magistrate is the first and most beloved article of your Creed which above all other ye preach and presse with extreame violence Your new stamped oath of alleadgeance and Supremacie whereby yee would set up the King in a place so farre above the ty of all Lawes divine and humane as his royall heart hath ever abhorred to be maâ—e such an idol Good Princes in this are like the Saints in glory all which giveth to them a degree of honour exceeding the Sphere of man and entrenshing upon Gods proper glorie they esteeme them as they are indeed nothing but flattering effronters of their sacred persons That which ye call the head of all Protestant Religion The bounds of Princes power and peoples subiectioÌ„ are points of state not oâ— Religion readily doth not concerne Religion at all Religion indeed doth oblige the conscience to give unto all Magistrates their due honour and obedience but the bounds and limits of that obedience which is the onely point ye speake off Religion meddleth not with them till the civill Lawes of States Empires have clearly defined them No Religion will oblige a Spaniard to be so farre subject to King Philip as a Grecian slave must be to the Great Turke neither doth any Religion equall the Polonish Subjection to their King with the Spanish to theirs Doth any Religion oblige the Electours of Germanie to be so much subiect to their Emperour as the Nobles in Pole are to their King or so little subject as the Venetian Senate is to their Duke or the States of Holland is to the Prince of Orange The civill Lawes and Customes set downe the limites both of the Soveraignes commanding and the subjects obedience Religion causeth these march-stones conscienciously to bee kept when once Policie hath fixed them It seemeth ye intend to make England quit their Priviledgâ— and burn their magna charta to make Scotland bury their Assemblies Parliaments that a blank may be put in Canterburies hand to write down what Lawes he will for the Church and State of both the Nations But thankes be to God that King Charles doth live to be judge betwixt you and us in so materiall a question Yee tell us further in your preambles The present danger of this Yle to fall in hands of the Pope Spaniard before ye come to your first paralell of Pope Vrbans hope to make Scotland return to Rome yee might have told us further from your companion Con who is more acquainted with Vrbans secrets then other men that the Pope hath a pretty confidence to joyne England to Scotland that so the reduction of the whole Yle your Iâ—eland with it to the Sea of Rome may be set up as an eternall trophee to the honour of this pâ—pes family Surely the ground-stones of this hope are laid on so deepe plots that except the hand of God and the king in this present Parliament pull them up Pope Vrban for all his age may yet live to putt the triumphall cope stone upon that building We grant you also that the Pope and Jesuites as yee say â—re hovering above the head of us all to fall upon the prey of â—ll Britaine when both parties which your mallice will compell to fight are wearied with mutuall wounds in this prophecie we thinke you but too true divines specially if ye will adde which all without the gift of prophecie may see to be consequent that when the Pope hath gotten the soules of those who out-live this warre for his part his Sons the French or Catholik King will not be quiet except for their share they gett the bodies The most hated of the covenanters proceedings their covenant it self is approved by the king the goods and liberties of all this poore Yle Your other gybes at the Covenanters proceedings yee might have holden in if the honour of the King had any wayes been deare unto you the worst of all our actions even that which ye were wont to proclaime our most vile and hellish rebellion Sedition Treason and what else ye could devise is now by our gracious Prince after a full search of it to the very bottome not onely absolved of all crime but so farre approved that by act of Assembly Counsell
articles of Parliament it is commanded to be subscribed by the hearts and hands of all in this Kingdome without exception So that new there stands at the back of that long blasphemed Covenant among the first and most conspicuous hands not onely Roxburgh Lawder-dale Southâ—ke and others of the prime Counsellours but also Traquair the Kings great Commissioner for that effect We hope then that you and your like if there remaine any sparke of reverence in your breast towards that authoritie which oft yee pretend to adore will not onely for ever hereafter bridle your very loose tongues but also eate in againe or at last cover so farre as ye can for hidding of your shame these most false lies and unchristian railings which these two yeares by-gone in word writ Print ye have vomitted out against our proceedings especially that most hatred slandered passage of them the renewing of our Covenant The fi st point wherein ye parallell us with Jesuites 1. paralel Wee are for Monarchie but against Monarchical tyranny is in our opposition to Monarchicall government By Monarchicall government yee expreslâ— enough declare that ye understand such an absolute and illimitate power as exeemeth the Prince from the tye of all Law and puts in his hand the full libertie to make what Lawes he wâ—ll withâ—ut the advice let bee consent of Parliament of Counsell or of any others and taketh absolutely all Liberty from his Subjects though met together in Parliament to defend them elves by Armes in any imaginable oppression even such a Mâ—narchie as the great Turke or the Mâ—gor of Iâ—dia or the Châ—m of Taâ—tarie this day doth enjoy over their slaves even that strange kinde of government which in my last Chapter I descrived in the words of your brethren We confesse freely that our heart is much opposite to such a Mâ—narchie yet no more then our gracious Prince king Charles his glorious Father king Iames give us expresse warrant The one in his fore-cited writ of his Atturney Suprâ— chap 8. Q.R. abhorring these injurious flatterers who would impute unto him the making of Lawes without his Parliament the other in his Parliamentary Speach Page 531. A king governing in a setled kingdome leaveth to bee a King degenerateth in to a tiraÌ„t as soone as hee leaveth off to rule according to his Lawes Therefore all Kings that are no tyrants or perjured will be glad to bound themselves within the limits of their Lawes They that perswade them the contrarie are vipers and posts both against them and the Common-wealth making that Prince a perjured tyrant who would not gladly bound himself within the limits of his laws and these men to be taken for vipers pests and common enemies to Princes and people who would assay by their flatteries to loose Princes from their pactions made with their people at their Coronation and the setled lawes of their Kingdome yea we show that your own great Bishop Laud possibly as great a Royalist as is needfull goeth before us with his own mouth what ever he directeth you and many other of his followers to the contrary to teach that no statute Supra Cap. â— Q Law can bee made any where but in Parliament even in England let bee â—cotland where to this day never any conquerour did dwell But as for true Monarchie so high as the lowable lawes any where do make it we are in nothing opposite thereto for what have we to doe to condemne the setled state Lawes of any other Nation Certainly the royall authority of our owne gratious Soveraigne so far as the lowable lawes of our Kingdome doe extend it we are sworne in our Covenant heartily to the uttermost of our power to maintaine As for the lawfulnesse The lawfulnesse of defensive Arms of resistance in the present case of our invasion I may not enter in this short postscript in any such question onely ye may if ye please understand that it hath been the tenet of our Church since the reformation it hath been the right and practice of our Kingdome since the first foundation a number of instances thereof are approved in our standing acts of Parliament unrepealed to this day it hath been the practice of all the reformed Churches abroad wherein by Queen Elizabeth King Iames King Charles they have been all allowed and the most of them countenanced with powerfull assistance of men and money Your self cannot deny but in the judgement of reformed Divines resistance in many cases is lawfull even in Kingdomes where the Prince is tyed in the fundamentall lawes by paction to his people That this is the State of the kingdome of Scotland though ye may deny it yet King James who is like to have as great understanding in the rights of the Crowne and Kingdome of Scotland as you or your like gives us assurance that by a fundamentall law the King of Scotland is obliged at his coronation to paction under his great oath the preservation of the established Religion of the Lawes of the Kingdome of the Liberties and priviledges of the Subjects P. 105 In the Coronation our Kings give their oath first to maintaine the Religion presently professed punish al those that should alter or disturbe the profession thereof and next to maintaine the lowable good lawes made by their predecessours lastly to maintain the whole Countrie and every state therein And this oath in the Coronation is the clearest civill fundamentall Law whereby the Kings office is properly defined However we love your ingenuity who doe not dissemble but professe openly your minde that when a faction about a Prince by divine providence is permitted to take courses for the evident overthrow both of the Religion of the Lawes of the Liberties of the goods of the lives and all that is deare to an whole kingdome that in those or any other imaginable cases of tyrannie whole Parliaments may not proceed for their defence one step beyond teares prayers and flight That what ever is done more by whole and consentient nations against a faction of Court misleading the Prince is simplie unlawfull Your scoffes about the questions of Bishops and Elders deserve no answer Our Tenets about bishops and ruling Elders the king hath approved nothing doe we maintaine in them but what the assemblies of our church at our first reformation ordained and was in peaceable practice among us ever till men of your coat by fraudulent and violent wayes for their owne ambition and avarice set up their novations We have no other minde in those questions then the Church of Holland and France All our tenets are so well cleared by that Learned Hollander Gersome Bucerus as none of your partie hath yet beene bold after 22. yeares advisement to make any reply yea we maintaine no more in these questions then that wherewith our gracious Prince by his Commissioner and act of Counsell in our last generall assemblie hath declared himselfe to be well pleased but ye are a
the rest to our acerâ—st and sibbest sister of England as it were in a table divers of these errours which our partie first by craft and subtilitie but now by extreame violence of fire and Sword are labouring to bring upon us to the end that our deare Brethren understanding our sufferings in the defence of such a cause may bee the more willing at this time to contribute for our assistance from God the helpe of their earnest Prayers and for ever hereafter to condole with the more hearty compassion any misery which possibly may befall us in such a quarrell All our plea is but one cleare syllogisme Albeit truely our hopes are yet greater then our feares if we could become so happie as once to get our plea but entered before our Prince for we can hardlie conceave what in reason should hinder our full assurance of a favorable decision from that Sacred mouth whose naturall equitie the World knowes in all causes whereof hee is impartially informed since our whole action is â— uâ—ht but one formall argument whereof the Mâ—j r is â—he verdict of our judge the Minor shal be the open and â—â—â—wâ—d Testimonie of our partie need we feare thâ—â— either our judge or partie will bee so irrationall as to vâ—nture upon the denyall of a conclusion whereof both the premisses is their owne open profession Our Major is this The Major thereof VVho ever in the Kings Dominions spreads abroad Poperie or any Doctrine opposite to the Religion and Lawes of the Land now established ought not to bee countenanced but severely punished by the King This Major the King hath made certaine tâ— us in his frequent most solemne asseverations not onely at his coronation both here and in England in his proclamations both here and there (a) Neither shall we ever give way to the authorizing of any tâ—â—ng wherby any innovation many steal or creep into the Church but shall preserve that unitie of doctrine discâ—pline established â—n Q. Elizabeths reign wherby the Church of England have stood flouâ— sâ—ed since Proclam dissolving the Parl of England 1628. and therefore oâ—ce for all we have thought fit to declare and hereby to assure all our good people that we neitâ—er were are nor ever by the grace of God shall bee slained with popish superstition but by the conâ—tarie are resolved to maintain the true Protestant Christian religion already professed within this our ancient Kingdom We neither intend innovation in religion or lawes proclam â—une 8. 1638. to free al our good subjects of tâ—e least suâ—pition of any intent on in us to innovate any thing either in religion or lawes and to sati fie not onely their desires but even their doubts We have discharged c. proclam Septemb 22. 1638. and to give all his Maj. people full assurance that he never intended to admit any alâ—eration or change in the true religoÌ„ pofessed wiâ—â—in this kingdome and that they may be truely and fully satisfied of the realitie of his intentions and integritie of the same his Maj. hath been pleased to require command all his good Subjects to subscribe the confession of Faith formerly signed by his dear Father in anno 1580. and it is his Maj will that this be insert and registrat in the books of Assembly as a testimony to pâ—steritie not only of the sinceritie of his intentions to the said true religion but also of his resolution to maintaine and defend the same and his Subjects in the proâ—ession thereof proclam Decemb. 18. 1638. but also in his late large declaration oftimes giving out his resolution to live and die in the reformed protestant religion opposite to all Poperie to maintaine his established lawes and in nothing to permitt the enervating of them Yea this resolution of the king is so peremptor publickly avowed thâ—t Canterburie himselfe dare not but applaud thereto (b) If any Prelate would labour to bring in the superstitions of the Church of Rome I doe not onely leave him to Gods judgement but if his irreligious falshood can bee discovered also to shame and severe punishment from the State and in any just way no maÌ„s hands should bee sooner against him then mine in his Starre chamber speech who can seeme more foreward then he for the great equitie to punish condignlie all who would but mind to bring in any Poperie in this Isle or assay to make any innovation in Religion or Lawes Wee beleeve indeed that my Lord Canterburie doth but juggle with the world in his fair ambiguous generalities being content to invegh as much against poperie and innovation as we could wish upon hopes ever when it comes to any particular of the grossest poperie we can name by his subtile distinctions and disputations to slide out of our hands But wee are perswaded what ever may be the jugling of sophisticating Bishops yet the magnanimous ingenuitie the royall integritie of our gracious Soveraigne is not compatible with such fraudulent equivocations as to proclaime his detestation of poperie in generals and not thereby to give us a full assurance of his abhorring every particular which all the orthodox Preachers of this Isle since the reformation by Queene Elizabeth and King Iames allowance hath ever condemned as popish errours Our Major then wee trust may be past as unquestionable Wee subjoyne our Minor The Minor But so it is that Canterburie and his dependars men raised and yet maintained by him have openly in their printed bookes without any recantation or punishment to this day spread abroad in all the Kings Dominions doctrines opposite to our Religion and Lawes especially the most points of the grossest poperie In reason all our bickering ought to be here alone This Minor I offer to instruct and that by no other middes then the testimonie of their owne pens If J doe so to the full satisfaction of all who know what are the particular heads of the reformed Religion and what the Tenets of Poperie â—pposite thereto what are the Lawes standing in all the thrâ—e Dominions and what the contrarie maximes of the Turkish Empire wherewith Matchivelists this day every where are labouring to poyson the eares of all Christian Princes for enervating the Lawes and Liberties of their Kingdomes I hope that reason and justice which stand night and day attending on either side of King Charles Throne will not faile to perswade the chearfull embracement of the conclusion The conclusion which followes by a cleare and naturall necessitie from the forenamed premisses to witt that Canterburie and his dependars in all the three Dominions ought not to be countenanced by the King but severally punished Let be that for their pastime a bloodie hazardous warre should be raised in so unseasonable a time for the undoing of that countrie and church which God hath honoured with the birth and baptisme both of his Majesties owne person and of his renowned Father and to the which both of them as
autâ—m dicit author ille tuus dans gloriam Deo 8 That the temporall principalities which the Pope enjoyeth this day in Italie or elswhere are but his just possessions which none ought to invy him (p) Montag antid pag. 95. Habeat ille suas sibi opes facultates fundos habeat latifundia principatum dominium per Ecclesia terras Petri possessiones obtineat dummode contentus vetuctiorum principum liberalitate alienam non invadat possessionem 9. That the restitution of the Popes ancient authority in England and yeelding unto him all the power that this day he hath in Spaine or France would be many wayes advantageous and in nothing prejudiciall to the King (q) Cant. relat pag. 202 Hee that is not blinde may see if hee wil of what little value the popes power in France and Spaine is this day further then to serve the turns of their Kings therewith which they doe to their great advantage 10 The old constitution of the Emperour whereby all the westerne clergie is so farre subjected to the Bishop of Rome that without him they are disabled to make any Ecclesiasticall law and obliged to receave for lawes what he doth enjoyne was very reasonable Yea if the King would be pleased to command all the church men in his dominions to be that far subject to the Pope they would be unreasonable to refuse present obedience (r) Montag antid pag. 156. Quod è codice allegatur Theodosiano decernimus ne quid tam Episcopis Gallicanis quaÌ„ aliarum provinciarum contra consuetudinem veterem liceat sine viri venerabilis Papae urbis alternae authoritate tentare sed illis omnibusque legis loco sit quicquid sanxit sanxeritve sedis apostolicae authoritas Quicquid hic pontifici sayeth Montagow arrogatur id totum edicto debetur Theodosiano vel vetustae consuetudini quicquid autem per rescriptum tribuitur imperatoris ad occidentales credo solos pertinebat nec omnes quibus juxta veterem consuetudinem Pontifex praesidebat ut Patriarcha Decernat imperator de Gâ—rmanis episcopis Rex Angliâ— de Britannis suis Francorum de Gallicanis quod olim Theodosius decrevit dicto erunt omnes obedientes Onely by all meanes my Lord of Canterburies prerogative behoved to bee secured his ancient right to the patriarchat of the whole Isle of Britaine behoved to be made cleare that to his rod the whole clergie of the Isle might submit their shoulders as to their spirituall head and Monarch from whom to Rome there could bee no appeale (Å¿) Cant. relat pag. 171. It is plaine that in these ancient times in the Church government Britaine was neever subject to the Sea of Rome for it was one of the six diocies of the West Empire and had a pâ—â—mat of its own Nay Iohn Capgraw and William Mabinnesburrie tell us that Pope Vrbâ—n the second in the Councel at Bari in Apuleia accounâ—ed my worthie predecessor S. Anselme as his owne Compeer and said Hee was as the patriarch and apostolick of the other world quasi comparem veluti Apostolicum alterius orbis Patriarcham Now the Britains having a primate of their own which is greater then a Metropolitan yea a patriarch if yee wil he could not be appealed from to Rome in any cause which concerned onely the churches of the Kings dominions for in causes more universall of the whole catholicke Church willingly they are contented that the Patriarch of Britaine and all others should submit to their grand Apostolicke father of Rome (t) Montag Antid pag. 57. Rectè cautum erat olim per canones vetustae Ecclesiae ut Romanus ille primus Episcoporum cui tot per occidentem suffraganei adherebant suam sententiam rogatus adhiberet ubi fidei Ecclesiae universalis vel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in rebus ad politiam spectantibus agitabatur supra Everie one of these pontificall positions since the midst of Henrie rhe eights raigne would have beene counted in England great paradoxes yet now all of them are avowed by Canterbuerie himself in that verie booke which the last yeare at the Kings direction hee set forth for to satisfie the world anent their suspition of his Poperie or else by D. Montagu in his books yet unrepealed and cleanged of all suspition of Poperie by M. Dow under the seal of his Graces licencing servant This much for the Pope About the Cardinalls they tell us that their office is an high and eminent dignitie in the Church of God Their minde to the Cardinalat for the which their persons are to be handled with great reverence and honour (w) Montag ap pag. 56 Penitere non potuit Baronium eruditissimuÌ„ laboriosissimum virum industriae suae ac deligentiae Cardinalitiame niminde merito quidem suo adeptus suscepit dignitateÌ„ ibid. pag. 75. Virum illustri adeo nominis celebritate eminentissima dignitate coÌ„stitutum honestum probum preterea in vita privata rigidem severum ac tantum non 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nusquam nisi honorificentissime compellavi that their office is a reward due to high graces and vertues that some of them though the greatest enemies that ever the reformed Churches have felt such as Baronius that spent all his time in opposing the trueth and advancing Antichristianisme and Barromaeus (x) Pokling Alt. pag. 34. The Linchonshire Minister it his jearing veine flouteth Cardinal Baromaeus whereas if he list to read his life he may not be ignorant that the Cardinall was a man of exemplarie holinesse and spent the greatest part of his life in fasting prayer almes-deeds preaching exhoration and doctrine and did detest both impietie and vanitie both in word and deed Me thinkes his conscience should checke him for his scornfull usage of a man who had the report of so vertuous and pious a Bishop a bloudy persecutor of our religion and one of the fathers of Trent that even such men are so full of grace and pietie that it is a great fault in any protestant to break so much as a jest on their red hattes Where the head and shoulders are so much affected it is hard to restraine charitie from the rest of the bodie These good men vent their passion no lesse towards the bodie of the present Church of Rome then towards the Pope and the Cardinalls Foâ— first his grace avowes over and over againe that the Papists and wee are of one and the same religion They affect much to be joyned with the Church of Rome as shee stands that to speak otherwayes as the Liturgie of England did all King Iames dayes were a matter of very dangerous consequent and therefore he confesseth his helping that part of the liturgie which puts a note of infamie upon the popish religion least that note should fall upon our owne religion which with the popish is but all one (y) Cant. relat p 36 The Church of Rome
more facilitating of their purposes they advance the secular power of Princes and of all soveraigne Estates above all that themselves either crave or desire alone for this end that their clerks may ride upon the shoulders of Soveraignitie to tread under the feet of their domination first the Subjects and then the Soveraignes themselves The tyrannous usurpation of the Canterburians are as many and heavie as these of the Romist Clergie How much our men are behinde the greatest tyrants that ever were in Rome let any pronounce when they have considered these their following maximes They tell us first that the making of all Ecclesiastick constitutions doth belong alone to the Bishop of the Diocesse no lesse out of Synod then in Synod That some of the inferior clergie may bee called if the Bishops please to give their advice and deliberative voice That the Prince may lend his power for confirming and executing of the constitutions made but for the work of their making it is the Bishops priviledge belonging to them alone by Divine right (a) Samuel Hoards sermons pag. 7. By the Chruch I meane the Churches Pilots who sit at the sterne Heads members divide all bodies Ecclesiasticall and civill what ever is to bee done in matters of direction and government hath alwayes beene and must be the sole prerogative of the heads of these bodies unlesse wee will have all common-wealths and churches broken in picees Ibid. pag. 8. The key of jurisdiction which is a power of binding and lousing men in foro exteriori in the coutts of justice and of making lawes and orders for the government of Gods house is peculiar to the heads and bishops of the church Ibid. p. 31. what was Ignatius and Ambrose if we look at their authoritie more than other bishops of the church That libertie therfore which they had to make new orders when they saw cause have all other prelats in their churches Edward Boughanes serm Pag. 17. Submit your selves to those that are put in authoritie by kings so then to Bishops because they are put in authoritie by Kings if they had no other clame But blessed bee God they hold not only by this but by a higher tenor since all powers are of God from him they have their spirituall jurisdiction what ever it be S. Paul therfore you see assumes this power unto himselfe of setting things in order in the kirk before any Prince become Christian 1 Cor. 11.34 The like power hee acknowledgeth to be in Titus 1.5 and in all bishops Heb. 15.17 Ibid. pag. 18. Kings make lawes and bishops make canons This indeed it was of necessitie in the beginning of Christianitie Kings made lawes for the State and bishops for the kirk because then there was no Christian Kings either to authorize them to make such lawes or who would countenance them when they were made But after that Kings became nourishing fathers to the Church in these pious and regular times bishops made no Canons without the assent and confirmation of Christian Kings and such are our Canons so made so confirmed Chounei collect pag. 53. Reges membra quidem filios Eccesiae se esse habitos reiecisse contempsisse nonnunquam audivimus obediunt simulque regnant Iura quibus gubernari se permittunt sua sunt vitalitatem nativam ex praepositis Ecclesiae tanquam ex corde recipiunt vivacitatem ex ipsis tanquam ex capitibus derivant Samuel Hoards pag. 9. Nor did they exercise this power when they were in Counsell only but when they were asunder also Speaking of apostles as they are paterns to all bishops 2. That in a whole Kingdome the Bishops alone without the privitie of any of the clergie of any of the laitie may abolish all the Ecclesiastick judicatories which the standing and unrepealled lawes which the constant customes ever since the reformation had setled and put in their rowme new forraigne courts which the kingdome had never known scarce so much as by their name (b) Our Chrurch Sessions our weekly presbyteries our yearly generall Assemblies whereof by our standing lawes wee have beene in possession are closse put downe by our book of Canons and in their rowme Church-wardens officiall courts synods for Episcopall visitation and generall Assemblies to bee called when they will to be constitute of what members they please to name are put in their place That at one stroke they may annull all the Acts of three or fourscore National Afsemblies and set up in their roome a Book of Canons of their own devysing (c) So is their book entituled Canons and Constitutions Ecclesiasticall gathered and put in forme for the governement of the Church of Scotland and ordained to bee observed by the clergie and all others whom they concerne That they may abolish all the formes used in the worship of God without any question for threescore yeares and above both in the publicke prayers in the administration of the Sacraments in singing of Psalmes in preaching the Word in celebrating of Marriage in visiting the sicke and in ordination of Ministers Neither this alone but that it is in their hand to impose in place of these accustomed formes foure new Bookes of their owne of Service of Psalmes of Ordination of Homilies All this our Bishops in Scotland have done and to this day not any of them to our knowledge can be moved to confesse in that deed any faile against the rules either of equitie or justice what ever slips of imprudence there may bee therein And all this they have done at my lord of Canterburies direction as wee shall make good by his owne hand if ever we shall be so happy as to be permitted to produce his owne authentick autographs before the Parliament of England or any other Judicatorie that his Majestie will command to cognosce upon this our alleadgance Readily Rome it self can not be able in any one age to paralell this worke which our faction did bring foorth in one yeare It is a bundel of so many so various and so heavie acts of tyrannie Certainly England was never acquaint with the like wee see what great trouble it hath cost his Grace to get thorow there one poore ceremonie of setting the Communion table altar-wayes for there themselves dar not deny that it is repugnant to the established Lawes of their church and state for any Bishop yea for all the Bishops being joined to make the poorest Canon without the voices of their convocation-house or Nationall Assemblie yea without the Parliaments good pleasure (d) VVhites examination of the dialogue pag 22. By the lawes of our kingdome and Canons of our Church many learned persons are appointed to be assistants unto bishops and in our nationall Synods in which all weightie matters concerning religion are determined nothing is or may be concluded but by the common vote and counsell of the major part of the convocation which consisteth of many other learned Divines besides Bishops Andrews sermons
King before Starchamber speach having magnified the Kings mercie for saving the life of Bourtoun and his companions is bold to advise the King not alwayes to bee so mercifull in these words Yet this I shall bee bold to say that your Majestie may consider of it in your wisedome that one way of government is not alwayes either fit or safe when the humours of the people are in a continuall change especially when such men as those shall work upon your people and labour to infuse into them such malignant principles to introduce a paritie in the Church or Commonwealth Etsi non satis sua sponte insaniant instigare Heylen in his moderat answer pag. 187. hath many reasons and examples to prove that Burtoun and his like deserved no lesse than publick execution And yet these men are so gentle to Papists that they glory in their meeknesse towards them professing that to the bitterest of the Iesuits they have never given so much as a course word So Canterburie in his Epistle the other yeare to the King before the relation of the conference God forbid that I should ever offer to perswade a persecution in any kinde against the Iesuits or practice it in the least for to my rememberance I have not given him or his so much as course language But alasse it is gone now beyond boasts when they are the second time upon the very point to kill millions of the Kings best Subjects to dash together all his dominions in a bloody warre as pitchers one upon another for the confirmation of their intollerable tyrannie where long it hath beene tottering and the reerection of it where it s owne unsupportable weight hath caused it to fall As for the power of princes King Charles hates all tyranny the most of those this day who are Christians and especially our gracious Soveraigne are very well content to be limited within the bounds of the laws which themselves and their predecessors have setled in the church and state of their dominions to make the preservation of those laws and of their subjects liberties ecclesiastick and civill according to them the greatest glorie of their prerogative royall (o) His majesties speach in Parliament 28. p. 75. The peoples liberties strengthen the Kings prerogative and the Kings prerogative is to defend the peoples liberties To give assurance of their resolution never to abolish any old or bring in any new act either in church or state without the concurrence of Assemblies and Parliaments p Neither to impose any taxation on their subjects goods without their free consent there to given by their Commissioners in Parliament (q) Proclam at Yorck April 25. 1639. VVe heartily declare and faithfully promise that althogh we be now in armes they shall be no wayes used either to force upon that our native Kingdome any innovation of religion or to infringe any of the civill liberties or the laws thereof accounting it our glory to preserve libertie and freedome among them according to their laws Therefore wee do once again by this renew our former promises for the mantenance of religion and laws and this we do in all sinceritie of heart we take God the searcher of all hearts to witnesse that as we are defender of the true Protestant religion which we from our heart professe so we trust we shall by his goodnesse continue in the same and never shall permit any innovation to creep in this or any other of our kingdomes One of the articles of Dunce pacification is this VVe are further graciously pleased that according to the petitioners humble desires all matters ecclesiasticall shall be determined by the Assemblies of the Church and matters civill by the Parliament and other inferior Iudicatories established by law which accordingly shall be keeped once a year or so oft as the affairs of the Church and kingdome shall require the extending of the prerogative to the making of new laws or abolishing of old to the imposing of taxes by simple proclamation without Parliament our Prince doth so far abhorre that he condemned a certaine writ for importing his Majesties intertainment of such motions Yea his Majestie by his Atturney generall called the Earl of Bedfoord and other noble personages to censure for keeping such a writ wherein did ly so pernicious positions (r) The which seditious discourse and writting the authors thereof intended should be dispersed as if the same had been intertained by your Majestie with purpose to put it in execution and to alter the ancient laws of this kingdome and to draw all things to your Majesties absolute will and plessure and to dispose of your Subiects goods without their consent and to make and repeale laws by your Maiestise proclamation only with out consent of parliament which if it should be beleeved by your people could not but raise infinit discontentment amongst them the consequence whereof might bee of extreame and almost inevitable danger to your Maiesties person and to the whole frame of the kingdome Where some Princes misled through passion mis-information have deviat so far from the path of justice as to intend by violence and armes the overthrow of the true religion and ancient (q) Cant. relat p. 112. In some kingdome there are diverse businesses of greatest consequence which cannot be finally and binedingly ordered but in and by Parliament and particulary the statute laws which must bind all the Subjects can not be made or ratified but there the supreme Magistrate in the civill state may not abrogat laws made in Parliament though he may dispense with the penaltie of the law quoad hic nunc liberties of their subjects the opposition which the subjects are forced to make in this case against the oppression of their Prince our gracious Soveraigne hath been so far ever from counting of it rebellion of which crime the greatest royallists in England wont alway to absolve it (Å¿) Bilson of subjection pag. 280. Neither will I rashly pronounce all that resist to be rebells Cases may fall out even in Christian kingdomes where people may plead their right against the Prince and not be charged with rebellion As for example if a Prince should go about to subject his Kingdome to a forraine realme or change the forme of the common wealth from imperie to tyranny or neglect the laws established by common consent of Prince and people to execute his own pleasure In those and other cases which might be named if the nobles and commons ioine together to defend their ancient and accustomed libertie regiment and laws they may not well be counted rebels Ib. By superior powers ordained of God we do not mean the Princes privat will against his laws but his precepts derived from his laws and agreeing with his laws which though it be wicked yet may it not be resisted by any subject with armed violence but when Princes offer their subjects no justice but force and despise all laws to
the King is to destroy his Monarchike government to dethrone him and make him no King to subject him to his people and make them his masters or at least collegs in the Empire (l) Joannes Wemius pag. 18. Quo casu dicerâ—m non proprie esse regnum sed aristocratiam vel democratiam Ibid. pag. 23. Hoc esset ex rege non regem eum facere Ibid. p. 38. Quod si alicubi non habeat rex potestatem leges serendi nisi ex populi in comitiis consensu sic fundamentaliter limitato propriè Rex non est ac non tam acceptans est populus quam cum Rege ut collega Regem ferens ibid. pag. 53. Non est imperium illud vere Monarchicum sed principatus quidam imperans ille non Monarcha aut Rex sed tantum Princeps ut Venetorum dux residente in optimatibus aut populo imperii summa But thanks be to God that our gratious Prince hath so oft declared himselfe to bee farre from all such thoughts yea that my lord of Canterburie himselfe is forced whiles to let drop from his fingers cleane contrare maximes (m) Relat. of the Conference pag. The statute Lawes which must binde all the Subjects can not bee made but in and by Parliament the supreame Magistrate in the civill state may not abrogat Lawes made in Parliament Ibid. pag. 158. Tiberius himself in the cause of Silanus when Dolabella would have flattered him into more power than in wisedome he thought fit then to take to himself he put him off thus No the Lawes grow lesse when such power enlargeth nor is absolute power to bee used where there may be an orderly proceeding by Law Even in no imaginable case they will have tyrants resisted Lastlie they teach us in the matter of resistance first that do the Prince what he will he may never be resisted by any or all his Subjects that not only a private man must give over all defence though most innocent of his own life against the Prince though his most unjust violence (n) Ioannes VVemius p. 21. Teneri videtur subditus seipsum fame perimere ut principem salvaret propter conservationem boni publici singulis a dempta est adversus principem quae naturalis dicitur iuris defensio seu iniuriae depulsio but the whole state can do nought without rebellion against God but flee or suffer when the Prince whether by him selfe or his officers doth destroy the true religion established by all Laws and the liberties of the land dear bought of old peaceably brooked in many ages also the lives of many thousands of the best Subjects without the pretence or colour of any just cause (o) Canterb. relat Pag. 205. vvhere the foundations of the faith are shaken by princes there their ought to be prayer and patience but no opposition by force Aberdeens duplys pag. 25. The way for all Christian Subjects to conquer tyrants and the remedy provided in the New Testament against all persecutions is not to resist powers which God hath ordained lest we be damned but with all meeknesse to suffer that we may be crowned It is evident by Scripture that it is unlawfull for Subjects in a Monarchicall estate to take armes for religion or for any other pretence without warrand from the Prince The renowned Thebaean legion of 6666. Christian souldiers without making resistance as they had strenth to have done suffered themselves rather to be slaine for their Christian profession by the Officers of Maximinian the Emperours executors of his cruell commandements against them Corbet pag. 42. For your examples from reformed churches since we live not by examples but by Lawes I will not stand upon them from facts to prove the lawfulnesse of resisting is ridiculous none of those by resisting gained so much as by suffering as experience too late doeth show Againe that all this subjection must be used not only to our native King but to any forraine usurper who can get footing among us and it were the Kings of Spaine as their predecessors the hereticall Gothish Kings got footing in the Romane Impyre (p) Aberdeens Duplys pag. 29. Such was the doctrine and practice of many other great lights which shined in the days of Iulian the Apostate and in the dayes of the Arrian Emperours and Gothick Arrian Kings That even against them the States of a Land with a good conscience could use no defence though before their eyes they should see them execut the cruell tyrannies of Nebuchadnezar put out the eyes of the King kill his children lead himself and his Nobles away to a far land in fetters Though with Nero (q) Corbet pag. 26. Qui Mario Cajo Casaeri qui Augusto ipse Nerom qui Vespasianis vel patrivel filio ipsi Domitiano crudelissimo ne per singulos ire necesse sit qui Constantino Christiano ipse apostatae Iuliano Ibid. pag. 36. If the Iewes in the dayes of Assuerus had beene of this new Scottish humour when an utter extirpation was intended by Haman both of themselves and their religion they would have taken Ames but their prayers and teares were their defence in their greatest extremity for their mere pleasure they should set the royall city in a faire fire or execute the plot of Haman by murthering all the seed of the Iewes all zealous Protestants up and downe the Land in one day Such maximes exceedingly opposite to the honour of God the safetie of the Kings person and crowne the welfare of the people these men cause to bee printed and let them go about without any censure at these times when by royall decreers they have pulled into their hands the full commandement of all the Presses and the absolute jurisdiction over all the Book-sellers shops in the Kingdome and kythes frequently their zeale against any Books that give but the least touch to their mitres by inflicting no lesse censure then fire upon the Books pilloring and nose-sliting on the Authors and whipping thorow the streets on the carriers All these extraordinary prerogatives VVat they give to Kings is not for any respect they have to Majestie but for their own ambitious and covetous ends whereby the faction advanceth supreame Magistrats so nere unto God and their favorits so far above the skyes (r) Ioannes VVemius in his preface to the Duke of Buckinghame Reges in diviniorem sortem transcripti cute specie tenus homines reipsa boni genii censendi sunt in quos ut humanos loves divini honoris offines pene consortes oculos animosque nostros defigi convenit Tu Heros nobilissime coruscas velut inter ignes Luna minores quem in summo augustioris gloriae solstitio divina prorsus virgula constitutum nemo potest diffiteri seeme to flow not from any love they carie either to their crownes or the royall heads that bear them but meerlie out of their self-respect