16. 1646. tells us That there would be a Ioynt Course taken by Both Kingdoms concerning the Disposal of His Majesties Person 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 And According to the COVENANT His Majesties Person was Disposed of Presb. And do you believe that the Two Houses would have used the King any better if he had gone to Them They made it Treason Immediately 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 fourth of May and on the sixth The Commons Uoted him to Warwick Castle which was Unvoted again upon the ninth In â—…une the Kings going to the Scots was Uoted A Design to Prolong the War And this was as much the Action of the Independents as the Other was of the Presbyterians Indep Pardon me there I beseech ye You see by the Voting Back and Forward that the House of Commons was upon a hard Tug but the Scottish Party was totally Presbyterian But will you hear the Kirk speak for it self after the putting of the King into English Hands They Exhort their COVENANTED BRETHREN the Assembly at Westminster to hold fast their Solemn League and Covenant to entertein a Brotherhood and Unity between the Nations Feb. 12. 1646. but not a Syllable of the King Again Iune 18. 1647. The General Assembly of the Kirk presses the Two Houses to a speedy Establishment of the Presbytery but not a Word again of his Majesty And in truth their Silence is a Favour considering how they order him when they speak of him As you may observe in a Resolve of theirs upon a Question Debated at Edinburgh If the King be Excluded from Government in England for not Granting the Propositions concerning Religion and the Covenant and for not giving a Satisfactory Answer to the Remanent Propositions Whether in That Case it be Lawful for this Kingdom to assist him for the Recovery of the Government or whether it be not Lawful Being put to it We cannot but Answer in regard of the Engagement of This Kingdom by Covenant and Treaty NEGATIVE Resolved upon the Question 1. That the Kingdom of Scotland shall be Governed as it hath been these last Five Years All Means being used that the King might take the Covenant and Pass the Propositions 2. That the taking of the Scots Covenant and Passing some of the Propositions doth not give Warrant to assist him against England 3. That upon bare taking the National Covenant we may not receive him 4. That the Clause in the Covenant for Defence of the Kings Person is to be understood in Defence and Safety of the Kingdoms 5. That the King shall not Execute any Power in the Kingdom of Scotland until such time that he hath Granted the Propositions concerning Religion and the Covenant and given a Satisfactory Answer to Both Kingdoms in the rest of the Propositions presented to him by both Kingdoms at Newcastle 6. That if his Majesty refuse to Pass the Propositions he shall be disposed of according to the COVENANT and Treaty 7. That the Union be firmly kept between the Kingdoms according to the Covenant and the Treaties Here 's PRESBYTERIAN LOYALTY If the King would have consented to give up his Crown Blast his Conscience Betray his Trust and Sacrifice his Friends he might perchance have been allow'd the Pageantry of a Court and some Mock-Properties of Royalty but upon other Terms the Kirk you see gives him no Quarter The King is now under the Care of his new Governours Holdenby is his Prison The Question is Matter of Church-Government and his Majesty is prest to an Alteration Some Two Months are spent in the fruitless Desires and Expectations of his Chaplains for his Advice and Comfort and any Two of Twelve in Nomination would satisfie his Majesty But That could not be they said No not a Common-Prayer-Book for his own Private Use. These were the Presbyterians still Upon the fourth of Iune 1647. Coâ—…not Ioyce with a Party of Horse took the King from Holdenby under colour of preventing other Secret Designs upon the Person of his Majesty The next day at a Rendezvouz near Newmarket was Read and Signed The Armies ENGAGEMENT compleining of the Two Houses and in particular of a Vote they had Past for Disbanding the Army Where Note that the Houses were still Presbyterian The Sum of their ENGAGEMENT was That they would Disband upon full Satisfaction received and not without it This Liberty was menag'd all this while with much Formality of Duty and Respect The Houses at every Turn advertis'd concerning the King's Motions and Iune the 9th consulted how further to Dispose of his Majesty Some Three days after the Army drew toward London and Alarm'd the City contrary to an Express Order of the Houses the very day before A Months Pay was their Errand and to save Carriage they made a step from Royston to St. Albans to receive it On Iune the 15 out comes a Terrible Representation with Desires from the Army Against all Arbitrary Powers and Interests whatsoever Pleading the Presbyterian Presidents and the Principles of the Two Houses in their Iustification The Parliament say they hath Declar'd it no Resisting of Magistracy to side with the Iust Principles and Law of Nature and Nations being That Law upon which we have assisted you and that the Souldiery may Lawfully hold the Hands of the General who will turn his Cannon upon his Army on purpose to destroy them They Demanded The Purging of the Houses and Retrenching the Power of Committees An Accompt for Publique Moneys A Period of the Present Session and Limits for the Future c. It could not chuse but Gall the Two Houses to see their Throats cut with their own Weapons but still they kept up their Greatness of Pretense and Stile and by an Order as Imperative as ever they commanded the Placing of his Majesty at Richmond in Order to a Treaty forsooth for a Safe and Well-grounded Peace But the Army had another Game to Play However what the Presbyterians would have done upon that Occasion may be seen in what they did afterward at the Isle of Wight in his Majesties last Distress and Extremity Presb. You are willing I find to pass over the Barbarism of the Independents toward his Majesty while they had him at Hâ—…mpton-Court but there is enough yet behind to make That Faction Odious to all Eternity Indep Truly no but I would not spin out a Debate to the length of a History As to the Barbarisms you speak of let his Majesty Himself be heard Colonel Whaley I have been so civilly used by You and Major Huntington that I cannot but by this parting Farewell acknowledge it under my Hand Nov. 11. 1647. And again from Carisbrook Castle to the General Nov. 27. 1647. The
Heedlesness of the Common-Souldier contributed in a High Measure to the General Fate Nay that his Late Majesty was oppress'd even by those that thought they fought for him before they understood what they did But yet let me Commend to your Observation that these relenting Intervals in the Heads of the Army did manifestly Vary according to the Pulse of their Affairs Which evinces that it was a Deliberation upon the matter of Convenience rather then upon a Point of Conscience But thus far however we are agreed That many of the Non-Conformists were engaged Whether upon Ignorance Interest or Faction take your Choice That is to say upon Which of These Three you will found the Merits of your Party We are next to Enquire How far your Principles and Actions will comport with the Duties of Society and the Ends of Government SECT IX The Non-Conformists Plea for Toleration from the Innocence and Modesty of their OPINIONS and PRACTISES C. IN the Question of Government and Obedience there are many Points wherein the Non-Conformists agree Many more wherein they differ and not a few wherein they are altogether Fluctuant and Uncertain We have Nothing to do in this Place with their Disagreements or Uncertainties save only in those Matters wherein they are United by Common Consent And to Determine what Those are will be a New Difficulty Unless you tell Us before-hand What Authorities we may depend upon Your Principles must be Known or they cannot be Examined Wherefore Pray'e Direct us Where we may find them N. C. Why truly in the History of the Reformation for This Controversie has been on foot from the very beginning of it to this Day C. If you speak of the Reformation beyond the Seas I do not find any thing there that comes neer our Purpose Here is first Pretended a Reformation of a Reformation Secondly A Conjunction of Several Parties and Perswasions at utter Enmity One with Another in a Confederacy against the Order of the Government Whereas in the Great Turn of Affairs Abroad I see little more then a Defection from the Church of Rome and People setling themselves in some other way as well as they could Muncer's Party in Germany had I confess some Resemblance of the Tumults here in England that usher'd in the late War both for the Medly and for the Rabble In Scotland indeed there was a Contest for the Reforming of a Reformation and it went high But it was only a Struggle for the Geneva-Discipline Which Humour was brought over to us too and driven on for a while under Q Elizabeth with much Contumacy and Bitterness But our Case in short was never known in the Christian World till the late Troubles and thither it is that we must resort for satisfaction to our present Enquiry Now whether you 'l be tried by the Declarations Votes Orders and Ordinances of that Pretended Parliament that carry'd on the Quarrel Or by the Undeniable Doctrines and Positions of your own Divines and those the very Idols of your Party is left at your Election N. C. As for the Parliament let them answer for themselves We had no hand in their Proceedings And for our Ministers They were but Men and may have their Failings as well as other People If you would know our Principles We are for Worshipping according to the Light of Our Consciences for Obeying God rather then Man and for yielding all due Obedience to the Civil Magistrate C. All This comes to Nothing For you may make that Light what you please and Qualifie that due Obedience as you list What does all this Evasion and Obscurity signifie but that there is somewhat in the bottom more then you are willing to own There are a sort of People that tell us The War raised in 41 in the Name of King and Parliament was Lawful And That the Soveraignty was lodg'd in the Two Houses Nay in the People in Case of Necessity That Kings are but the Peoples Trustees Their Power Fiduciary and the Duty of Subjects only Conditional That Princes may be Depos'd Nay and put to Death in Case of Tyranny And That their Persons may be Resisted but not their Authority That the King is Singulis Major Universis Minor And that the People may Enter into Covenant for the Reformation of Religion without the Consent of the Chief Magistrate nay against his Authority and Propagate Religion by the Sword They make their Appeals from the Literal Construction of Law to the Equitable from the Law Written to the Law of Nature and Necessity A Man might ply You with fresh Instances upon this Subject till to morrow morning But here we 'l stop And pray'e speak your Opinion now of Granting a Toleration to a Party that Professes and Teaches These Principles and Acts accordingly N. C. What is all This to the Non-Conformists Who are already come to an Agreement that In the Question of Toleration The Foundation of Faith Good Life and Government is to be Secured C. Very Good So that what Party soever shall be found Guilty of the Positions aforesaid and of Actions answerable thereunto cannot reasonably pretend to a Toleration from the Innocency of their Opinions and Practises Now to Particulars The POSITIONS of Divers Eminent Non-Conformists I. The War raised by the TWO HOUSES in the Name of King and Parliament 1641. was Lawful I cannot see that I was mistaken in the main Cause Nor dare I repent of it Nor forbear the same if it were to do again in the same State of Things And my Iudgment tells me That if I should do otherwise I should be guilty of Treason Or Disloyalty against the Soveraign Power of the Land Pag. 486. A King abusing his Power to the Overthrow of Religion Laws and Liberties may be Controuled and Opposed This may serve to justifie the Proceedings of this Kingdom against the Late King who in a Hostile way set himself to overthrow Religion Parliaments Laws and Liberties P. 10. The Righteousness of the Parliament's Cause is as clear as the Sun at Noon-day And like the Law of God it self in These Excellent Qualifications of it That It is Holy Just and Good P. 6. II. The Lords and Commons are the Supreme Power Nay the People in Case of Necessity Parliaments may judge of Publique Necessity without the King If deserted by the King and are to be accompted by Virtue of Representation as the Whole Body of the State P. 45. Whensoever a King or other Superior Authority creates an Inferior They Invest it with a Legitimacy of Magistratical Power to Punish Themselves also in Case they prove Evil-doers P. 7. England is a mixt Monarchy and Governed by the Major Part of the Three Estates Assembled in Parliament P. 111. The Houses are not only requisite to the Acting of the Power of making Laws but Co-ordinate with his Majesty in the very Power of Acting P. 42. When as a Part of the Legislative Power resides in
the Two Houses as also a Power to redress Grievances and to call into Question all Ministers of State and Justice and all Subjects of whatsoever Degree in Case of Delinquency It may be thought that a Part of the Supreme Power doth reside in Them though they have not the Honorary Title And This Part of the Supreme Power is indeed Capable of doing Wrong Yet how it might be guilty of Rebellion is more Difficult to conceive P. 49. The Delegates of the People in the House of Commons and the Commissioners on the King's behalf in the House of Peers concurring do very far bind the King if not wholly P. 112. And when These cannot agree but break One from Another the Commons in Parliament assembled are Ex Officio The Keepers of the Liberties of the Nation and Righteous Possessors and Defenders of it against all Usurpers and Usurpations Whatsoever P. 130. III. KINGS are but the Peoples TRUSTEES Their Power Fiduciary and the Duty of Subjects Conditional The King is but the Servant of the People and his Royalty is only a Virtual Emanation from them and in Them radically as in the first Subject So Rutherford Parker Goodwin Bridges Milton c. The People can give no other Power then such as God has given Them And God has never given a moral Power to do Evil. All Fiduciary Power abused may be repealed And Parliamentary Power is no Other Which if it be abused The People may repeal it and resist them Annulling their Commissions Rescinding their Acts and Denuding Them of their Fiduciary Power Even as the King Himself may be denuded of the same Power by the Three Estates P. 152. Princes derive their Power and Prerogative from the People and have their Investitures meerly for the Peoples Benefit P. 1. It is the King's Duty to pass all such Laws as Both Houses shall judge Good for the Kingdom Upon a Supposition That They are Good Which by them are judg'd Such If the Prince fail in his Promise the People are Exempt frm their Obedience The Contract is made Void and the Right of Obligation is of no Force It is therefore permitted to the Officers of a Kingdom either All or some good Number of them to Suppress a Tyrant P. 120 121. IV. Princes may be DEPOSED and put to DEATH in Case of Tyranny Every Worthy Man in Parliament may for the Publique Good be thought a fit Peer and Judge of the King P. 24. Where there is no Opportunity for the Interposure of Other Judges the Law of Nature and the Law of Nations allow Every Man to Judge in his own Gase P. 34. If a Prince wants such Understanding Goodness or Power as the People judge Necessary to the Ends of Government In the first place He is Capable of the Name but not of the Government In the Second He Deposes Himself In the Third The want of Power Deposes him Theses 135 136 137. It is lawful for any who have the Power to call to Accompt a Tyrant or Wicked King And after due Conviction to Depose and put him to Death if the Ordinary Magistrate have Neglected or Deny'd to do it It is not impossible for a King Regis Personam Exuere In a Natural Or MORAL Madness or Frenzy to turn Tyrant Yea Beast Waiving his Royal Place Violently Extrajudicially Extramagisterially to assault his Subjects as Saul did David In this Case Men think Nature doth Dictate it and Scripture doth Justifie a Man Se Defendendo Vim Vi repellere P. 23. The Real Soveraignty among Us was in King Lords and Commons and if the King raise War against such a Parliament The King may not only be resisted but Ceaseth to be a King Thesis 358. The Lord rent the Kingdom from Saul for sparing One Agag and for want of thorough Extirpation of all the accursâ—…d Things He lost both Thanks for What He had done and Kingdom also P. 27. Let no Law hinder Ye If Law be to be broken it is for a Crown and therefore for Religion Ye are set over Kingdoms to Root out Pull down Destroy and Throw down Do it quickly Do it thorougly By what Rule of Conscience or God is a State Bound to Sacrifice Religion Laws and Liberties rather then endure that the Princes Life should come into any Possibilities of Hazard by Defending them against those that in his Name are bent to suâ—…due them If he will needs thrust Himself upon the Hazard when he needs not Whose Fault is That There never was a Greater Harmony of the Laws of Nature Reason Prudence and Necessity to Warrant any Act then may be found and discern'd in that Act of Justice on the Late King P. 18. Touching the Righteousness of the Sentence past upon the King Doubtless never was any Person under Heaven Sentenc'd with Death upon more Equitable and Just Grounds P. 90. Praised be God Who hath delivered us from the Impositions of Prelatical Innovacions Altar-Genu-flections and Cringings with Crossings and All That Popish Trash and Trumpery And truly I speak no more then what I have often thought and said The Removal of those Insupportable Burdens countervails for the Blood and Creasure shed and spent in these late Distractions Nor did I ever as yet hear of any Godly Men that desired Were it Possible to Purchase their Friends or Money again at so dear a Raâ—…e as with the Return of These To have Those Soul-Burdening Antichristian Yokes re-imposed upon Us. And if any such there be I am sure that Dâ—…sire is no part of their Godliness and I profess my self in That to be None of the Number P. 23. V. The PERSONS of Princes may be resisted though not their AUTHORITY The Man who is King may be resisted but not the Royal Office The King in Concreto but not the King in Abstracto P. 265. He may be resisted in a Pitch't Battel and with Swords and Guns 324. That is His Private Will may be resisted not his Legal Will 269. Neither is He in the Field as a King but as â—…n unjust Invader and Grassator 334. If He chance to be Slain 'T is but an Accident and who can help it 324. He is guilty of his own Death Or let Them answer for 't that brought Him thither The Contrary Party is Innocent 273. The King's Authority is with the Two Houses though the Person of Charles Stuart be not there His Capacity was at Westminster when his Body was upon the Scaffold at Whitehall c. P. 18. VI. The King is SINGULIS MAJOR UNIVERSIS MINOR The King is in Dignity Inferior to the People P. 140. The Soveraign Power is Eminently Fontaliter Originally and Radically in the People 156. Detrahere Indigno Magistratum etsi Privati non Debeant Populus tamen Universus quin possit Nemo Opinor dubitabit It is not for Private Persons to Depose a
Houses and the Captivaters of silly Women And on the other side as many were undone with Taxes and Plunder How went Trading on when all Business was neglected but Gallopping up and down to Lectures to hear News and Sedition When Prentices robb'd their Masters and took Sanctuary in the Service When Publique Faith was a Tradesmans best Security and the whole Nation held Life and Estate at the good Pleasure of a Close Committee N. C. Let Liberty of Conscience be once FITLY given and the Root of all Mens Hopes and Pretensions that desire Publique Mischief is pull'd up C. FITLY will be well indeed But with your Favour what is the meaning of FITLY How shall we agree upon the Dos Unless you intend that the Magistrate is to continue Giving till the Subject shall leave Asking And That must be For If ever he thinks of holding his hand sooner he had better have done nothing N. C. But what Colour will there be for any further Exception C. The very same they have now New Scruples will bolt New Demands And Beside I should be glad if you would furnish me with any one Instance where the Non-Conformists were ever the better for Indulgence SECT XVII This Kingdom has been still the Worse for Indulging the Non-Conformists and the Party never the Better Which evinces that UNIFORMITY is the True Interest of This Government and Not Toleration C. UPon Queen Elizabeth's coming to the Crown Those Non-Conformists that fled in Queen Mary's Days and Separating from the English Congregation at Francfort went off to Geneva came back again for England and with their Libels Clamours Private Consultations and Meetings gave Trouble enough to the Government for the Ten first Years of her Majesties Reign who was at that time so beset with the Roman Catholiques on the One Hand and the Puritans on the Other that she thought it well upon that Pinch to save her self without Exercising Rigor and Severity upon either Party This Impunity gave them the Confidence a while after to declare themselves for the Geneva Discipline and in the Fourteenth of Her Reign by an Audacious Pamphlet under the Title of An Admonition to press the Parliament to a Reformation The Principal Abetters of This Libel were Discover'd and Clapt up And soon after out comes a Second Admonition telling the Parliament in Plain English that if Authority would not they must set it up Themselves And it was not long ere they were as good as their Words by Erecting several Formal Presbyteries up and down the Kingdom As appeared upon Undeniable Proof and Confession of Parties to the Combination They had their Synods their Classical and Provincial Conferences Pronounc'd their Decrees Concurring in the main against Bishops Ceremonies and Common Prayer They had their Agents throughout the Kingdom upon a strict Survey of the Value of every Benefice the Number of Parishioners Their Quality manner of Life and Conversation Their Book of Discipline was long upon the Anvile but at length about 1586. it was Finished Communicated and Subscribed with a Promise to observe it Themselves and to use all Lawful and CONVENIENT Means to further and advance it In Conclusion the whole Matter came to be Detected Cartwright Snape and several of the Ringleaders were Examin'd and Committed Whereupon Coppinger Arthington Hacket Wigginton c. Entred into a Conspiracy for their Deliverance and to have the Blood of every Man that should dare to give his Vote against them in the Star-Chamber nay to Depose the Queen her self in Case of her Refusal to promote the Reformation And all this not without the Privity and Tacit Approbation of the most considerable Ministers of the Party This was the blessed Fruit of Lenity and Forbearance under Queen Elizabeth The Law Iustled out by a Faction A Plot upon the Life of the Queen and Counsel carried on under Colour of Religion and Reformation N. C. Still I perceive you pick out the foulest Cases and Instances you can lay hold on to Match with Ours C. Is it not rather your Misfortune to write after the foulest Copies But to the Business What would you say if his Majesty now in being had Queen Elizabeth's Game to Play Apprehensions of his Life from Iesuits Both Protestant and Papist The whole Generation of the Non-Conformists United against his Person and Government as well in Iudgment as in Faction which are here divided into a Thousand Disagreements You would beyond all peradventure give the Government for lost without an immediate Recourse to an Act of Indulgence and Accommodation to preserve it But the Policy of Those Times made Choice rather of another Course Some were Imprison'd Others put to Death according to the Demerit of the Offence N. C. Are you for Punishing Inconformity with Death then C. No by no means Hacket you know was not put to Death for Inconformity but for Treason And pray let me give You a Brief of his Story as Cambden delivers it He was born at Oundle in Northamptonshire a Poor Insolent Ill-natured and Illiterate Fellow He married a Widow spent her Fortune in Riot and when he had Nothing else to Trust to betook himself to the Imposture of Religion and an Affectation of the Geneva Discipline So far Ingratiating himself with several of the Prime Zealots of That Profession that they did him the Honour to make Him of their Council in their Grand Design to the Execution whereof He also pretended an Extraordinary Call and Commission from Above He was in Conclusion Apprehended Charged with Treason found Guilty Condemn'd and Executed Now to shew you the Devil himself in the shape of an Angel of Light This Hacket as He was upon the Hurdle in the way to his Execution never left Calling upon Almighty God with Hideous Outcries And Now behold says he the Heavens are Open and the Son of the most High coming down to Deliver me When he was come to the Place of Execution He prosecuted his Blaspemies with more Horrid and Furious Exclamations Heavenly and Almighty God Thou that art the Alpha and Omega Lord of Lords and King of Kings Thou Eternal God That knowest ME to be the True JEHOVAH that thou hast sent Shew some Miracle from Heaven for the Conversion of These Infidels and save me from my Enemies Or if thou dost not I 'le set the Heavens on Fire and with these very Hands cast Thee out of Thy Throne I should have scrupled the bare Recital of these Blasphemies were it not for the Desire I have to Possess you with a Due Consideration of those Execrable Abuses that are frequently Imposed upon the World under the Visor of Religion The Condition of the Kingdom was doubtless very sad that had such Turbulent Spirits to deal withal and yet we find that by One Severe Law of the 35th of the Queen's Reign Her Majesty gave her Self and her People Quiet as to That Particular for the whole Remainder of her Life The Penalties as I
Convention Look now a little into the Scotch Affairs and observe the Growth of the Non-Conformists Demands from one thing to another till in the End by virtue of what the King Granted them they possest themselves of all the Rest. In their Tumults says his Majesty they complein'd only of the Service Book In their Petition exhibited to the Counsel they complein'd of the Service-Book and Canons In their Covenant they complein of and Abjure the Five Articles of Perth although Establish't first by a General Assembly and Then by Parliament After This they complein of the High Commission And Then of Prelates Sitting in Civil Judicatories Hereupon His Majesty Commissions Marquis Hamilton with full Power and Authority to Conclude and Determine all such Things as should be found for the Good Quietness and Peace of that Kingdom Directing him also to take the mildest Course that might be for the Calming of those Commotions And what Effect had this Peaceable Inclination of His Majesty upon the Covenanters but to blow them up into more Seditious and bolder Practises against the King's Authority and the Publique Peace They pursue their Demands and Clamour for a Free General Assembly and a Parliament His Majesty gives them all their Askings Indicts a Free General Assembly and a Parliament Dischâ—…rges the Service-Book the Canons High-Commission The urâ—…ing of the Five Articles of Perth Commands the Subscribing of the Confession of Faith and the Band thereto annexed in the very Form which they pretended to Impose And offers them an Act of Indemnity for what was past In all which Condescentions the King's Patience and Mercy only served to heighten and confirm those Men in their Undertaking and to expose his Royal Dignity to Contempt In the conclusion the King had so far gratified their Importunities that they had nothing left to Quarrel upon but His Majesties refusal to Abolish Episcopacy and to admit the Authority of their Lay-Elders From hence they brake out into open Rebellion and when the King had them directly at his Mercy upon the Interview of the two Armies near Berwick such was his Tenderness that upon their Supplication for a Treaty he Trusted them again and Concluded a Pacification whereof the Covenanters observ'd not so much as One Article Upon his Return to London His Majesty as is elswhere observed passes the Triennial Bill Abolishes the Star-Chamber and High Commission Court Passes an Act for the Continuance of the Parliament Not to insist upon the several other Concessions concerning Ship-money Forests and Stannary Courts Tunnage and Poundage Knighthood c. Now in Requital of these Benefits the Faction Claps up and Prosecutes his Majesties Friends Prefers and Enlarges his Enemies Rewards the Scots Entertains their Commissioners Votes Them their Dear Brethren for Invading Us Calls in all Books and Proclamations against them They take away the Bishops Votes Impose a Protestation upon the People Take away the Earl of Strafford's Life Charge Twelve of the Bishops with Treason Declare the King's Proclamations to be False Scandalous and Illegal Keep his Majesty out of his own Towns and Seize his Arms and Ammunition They present Him with Nineteen Propositions for the Resignation of his Royal Authority They Vote a General and Raise an Army against him They Usurp the Power of the Militia and give the King Battel Levy Moneys and Declare the Queen Guilty of Treason After all These Usurpations upon the Civil Power They are put to 't to bring the Cause of Religion once again upon the Stage They enter into a Covenant and call in the Scots again They Abolish the Common-Prayer secure the Person of the King Share the Revenues of the Church and Crown They Sequester Banish and Imprison his Majesties Adherents and in the Conclusion Sell Depose and Murder their Soveraign This was the Fruit of that Pious and Unfortunate Prince his Clemency and Indulgence Now to bring the Instance home to the present Times What could be more Pious Gracious or Obliging then His Majesties Declaration concerning Ecclesiastical Affairs in Favour of the Non-Conformists All that was possible for the King to do in Consistence with Conscience Honour and the Peace of his Dominions His Majesty has therein given them a frank Assurance of with their Lives and Estates over and above in the Act of Oblivion And are they one jote the Quieter for all This No but the Worse for no sooner was the King's Tenderness in That Particular made Publique but the Generality even of those that had lately Entred into a Regular and Dutiful Compliance with the Orders of the Church started into a new Revolt which proves sufficiently the Benefit and Necessity of a strict Rule and the hazzard of a Toleration For rather then abide the Penalty of the Act they could Conform but upon the least Glimpse of a Dispensation they Relâ—…pse into a Schism Neither do I find that they were less Troublesom before the Act of Uniformity when they Preach'd at Randome then they have been since Nor to say the Truth that they have much more Cause of Compleint Now then they had Then For what are they the worse for a Penalty that is never Executed But if you will have a True Measure of their Moderation and Good Nature I pray'e take notice of their Proceedings upon His Majesties Commission for the Review of the Book of Common-Prayer We will appoint says His Majesty in his Declaration concerning Ecclesiastical Affairs an Equal Number of Learned Divines of Both Perswasions to Review the same and to make such ALTERATIONS as shall be thought most NECESSARY So that the Alterations were to be agreed upon by BOTH PARTIES and found likewise to be NECESSARY Now instead of Alterations joyntly agreed upon They Publish a Complete Liturgy of their own indeed a New Directory but under the Title of The REFORMATION of the Liturgie which in all their Books signifies ABOLITION Give me the favour next to observe upon some of their NECESSARY Alterations They have turn'd WEDDED Wife into MARRIED DOEST THOU Believe into DO YOU Believe All this I STEDFASTLY Believe into All this I UNFEIGNEDLY Believe These are some of the Important Scruples that are cast into the Balance against the Unity of the Church and the Peace of the Kingdom What is This but to make Sport with Authority and Conscience Laws must be Suspended Princes Vilified and Importun'd because forsooth the Godly Party may not be Govern'd by Laws of their own making Nay by Words of their own chusing too So that we are like to have a Schism for Syllables as well as for Ceremonies For what is the Difference betwixt WEDDED and MARRIED but that the One wears the Stamp of the Law-Makers and the Other of the Law-Menders Is it not now evident that they are the worse for good usage And that they have ever been so You see the Effects of keeping to a Rule in Queen Elizabeth and King Iames And we have since felt to our Cost
Free Liberty which you willingly afforded us to have of the use of our Own Chaplains makes us at this time not only to Acknowledge your Former Civilities but c. So that His Majesties Condition appears to have been somewhat more easie at Hampton-Court then before it was at Holdenby Nay most certain it is that the Presbyterians even at That very Time did the Deadly Thing that brought the King to the Seaffold Presb. How could That be when the Two Houses by Purging and Modelling were Subjected Absolutely to the Devotion of the Army Indep Thus they did it His Majesty was at That time upon fair Terms with Cromwel and Ireton and not without large hopes of a Final Accommodation The Author of The History of Independency Pa. 35. is positive as to their Treating with the King While This was in Agitation the Presbyterians were at work on the other hand to break the King's Confidence in the Army by Imputations of Treachery and Levity to divert his Majesty to the Seeking of Relief elswhere with particular Undertakings of great Matters from Scotland and the City of London This way of Tampering might very well put the King to a stand which Cromwel no sooner perceived but he Immediately betook himself to a Course of Extremity Irritated over and above as is credibly affirmed by an Advise foom Argyle in confirmation of his Jealousie His Majesties next Remove was to the Isle of Wight Where for Ceremonies sake he was presented with Four Bills and upon his Refusal to pass them followed the Vote of NON-ADDRESSES In Passing these Bills His Majesty had not only divested Himself and His Successors of all Sovereignty but Subjected his People to the Basest and most Absolute Tyranny that ever was Excrcis'd upon Mortals Presb. You will not call This the Act of the Presbyterians I hope Indep No I will not But yet I must tell you that the Presbyterians upon this Juncture did every jote as much as this Amounts to So soon as the Parliament of Scotland was thoroughly Inform'd of the Distress and Danger of the King's Condition the Matter was presently Debated and a Resolution taken to Raise an Army for his Majesties Relief In which Proceeding they were violently opposed by the Genral Assembly without any regard at all to the King's Life at that time in Qâ—…estion See The Humble Desires of the Commissioners of the General Assembly to the Parliament Pag. 13. We desire that his Majesties late Concessions and Offers concerning Religion as they have been by the Church so may be by the Parliament declared UNSATISFACTORY March 22. 1648. And afterward Ian. 10. 1648. That his Majesties late Concessions and Offers concerning Religion may by your Lordships DIRECTLY and POSITIVELY be Declared UNSATISFACTORY to this present Parliament And that there shall be no Engagement for Restoring his Majesty to one of his Houses with Honour Freedom and Safety before Security and Assurance be had from his Majesty by his Solemn OATH under his HAND and SEAL that â—…e shall for HIMSELF and his SUCCESSORS Consent and Agree to Acts of Parliament enjoyning the League and Covenant and fully Establishing Presbyterian Government Directory of Worship and Confession of Faith in all his Majesties Dominions and that his Majesty shall never make Opposition to any of these or endeavour any Change thereof This is Rivetted with a Mischief And pray'e shew me now the Material Difference between Precluding His Majesty by a Vote of NO ADDRESS or by a Resolution of NO AGREEMENT His Honour and Conscience being equally at Stake on either side To give you the Sum of all in short The Presbyterians began the War Pursu'd it made the King a Prisoner Sold him and in the Depth of his Calamity presented him with Templation instead of Comfort No Composition would be heard of but the Forfeiture of his SOUL for the Saving of his LIFE Presb. But the Independents however Crown'd the Wickedness with his Blood Indep Suppose it so They did only Execute the Sentence but the Presbyterians Pronounc'd it Neither did they Execute it as Independents or under colour of any Impulse of Religion or Conscience but upon Civil and Political Pretexts He was adjudged to be put to Death as a Tyrant Traytor Murtherer and Publique Enemy Not for Refusing to Enter into a Church-Covenant or Establish Liberty of Conscience but upon a Pestilent Motive of Diabolical Policy and State Whereas the Presbyterians persecuted him as PRESBYTERIANS and depriv'd him of his Royal Support Dignity Friends Freedom in Effect Life and all because he would not renounce his Reason and Conscience in favour of their Government And I am verily perswaded that you will have as little to say for your Principles as for your Actions SECT XXVI What Party soever DEMANDS a Toleration and yet Mainteins that It is Destructive both of Church and State to GRANT one Is an ENEMY to BOTH Indep AS to the Point in Question It lies Naturally before us to speak first to the Thing in it self and we may afterward consider it in the Consequences In the Desire of a Toleration the Independents ask no more then they would be ready to Allow I wish the Presbyterians could say the like Presb. In the large sense of Allowing all sorts of Libertines and Heretiques as the late Independent Government did I do confess you have out-done the Presbyterians Indep And yet Those very Libertines and Heretiques were Your White-Boys and Favourites so long as they serv'd Your Ends. They had none of this Language from you when they Tumulted against Bishops and Common-Prayer Ceremonies and Popish Lords While they were the Instruments of Your Ambition they were the Godly Well-affected Party So that Heretiques it seems will down well enough with your Politiques though not with your Consciences Provided they will content themselves to be Damn'd and let the Presbyterians alone to Govern Presb. The Independents made sweet work in Holland did they not And where was your Spirit of Toleration and Forbearance I beseech you in New-England Indep You cannot say that we gave any Trouble in Holland to the State or that we fell foul there upon Different Iudgments In New-England 't is true we excluded the Gortonists Familists Seekers Antinomians Anabaptists and Subjected them to the Censure of the Civil Power as People of Dangerous Principles in Respect both of Good Life and Government Which Proceeding of ourâ—… methinks might serve to disabuse those that call Independency the Genus Generalissimum of all Errours Heresies Blasphemies and Schisms and take the Church way of New-England for that sort of Independency They did also exclude Papacy and Prelacy The Latter perchance more out of Regard to a Temporary Convenience then upon any rooted Principle of Implacable Severity And I perswade my self the Episcopal Party will witness thus much on our Behalfs that as to the Freedom of their Meetings and way of Worship in the late Revolutions they had much better Quarter from the Independents
Opinion in his Grand Declaration of Aug. 12. 1642. where he complains of the Tumultuous Assemblies of Brownists Anabaptists and other Sectaries Indep But still you will find in the same Page that These very People were Animated and Countenanced by Presbyterians and Acted as the Creatures and Servants of That Interest Presb. Can you say that the English or Scottish Preshyters did ever go about to Dissolve Monarchy Indep Yes And I do aver that the Nineteen Propositions of Iune 2. 1642. were as much a Dissolution of Kingly Government as the very Act it self of March 17. 1648. for Abolishing it And the Uxbridge Propositions were to the same purpose Presb. You know very well that after the New-Modelling of the Army the Presbyterians were able to do nothing and this was a good while before the King went to the Scots Indep Let us see then how the Presbyterians behaved themselves after his Majesty cast himself into the Protection of the Scotch Army before Newark in May 1646. Notice was Immediately given of it to the Two Houses by the Commissioners of the Army Importing their Adherence to the Covenant and Treaty and that they had no fore-knowledge of his Majesties Coming The English Army presently March'd with 5000 Horse and 〈◊〉 toward Newark and our Brethren fairly retreated with the Prey in the Foot toward Newcastle After This Both Parties stood at Gaze for several Months but not without a World of Tedious Papers betwixt the Scotch Commissioners and the Two Houses touching their Ioynt Right in Disposing of the Person of the King But in the Conclusion The Presbyterians Compounded the Controversie for the Sum of 400000l In May they took their Sovereign into their Protection In the December following they Sold him and in February they Deliver'd him up And All This According to their COVENANT Presb. They must needs Deliver him up when they could Keep him no longer Indep They had at that time the City of London to Friend a Balancing Vote in the House of Commons a Considerable Mixture in the Army Scotland behind them Entire if ever the Kings Interest came in Play And at least Ten Thousand Men in a Body The Royal Party over and above So that here was no visible Force to over-awe them And Lowdon himself acknowledged as much at a Conference Octob. 6. 1646. If any such Course shall be taken says he or any Demand made for Rendring of his Person which cannot stand with his Honour and Safety or which cannot consist with our Duty Allegeance and COVENANT nor with the Honour of That Army to whom in time of his Extreme Danger he had his Recourse for Safety It cannot be Expected that we can be Capable of SO BASE AN ACT And if to shun this and avoid occasion of Quarrelling between the Kingdoms He shall go to Scotland and resent his Expulsion out of England and crave the Assistance of That Kingdom for Recovery of his Right to This Crown He may in a short time raise such Forces in Scotland and Ireland as with the Assistance of Forreign Princes these Kingdoms may be made a Field of Blood c. By This it appears Evidently that They were under no Necessity of Delivering the King And you may now see their Opinion of the Action it self If it be Contrary say the Scotch Commissioners to the Law and Common Practise of Nations to Delivâ—…r up the meanest Subject fled to them though 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 SOVEREIGN having cast himself into their Hands to be Disposed of at the Arbitrâ—…ment of another Nation Presb. But yet you saw that they Condition'd for his Honour Freedom and Safety Indep That 's a Shuffle For upon such Terms did they render him that they might have cast a Sheep into a Herd of Wolves with as much Confidence and Likelihood of Safety You are here to distinguish the Fâ—…ction of Scotland from the Nation No Country affording greater Instances of Honour and Loyalty Nay I have heard even on This Occasion that upon the Kings Earnest Desire to go for Scotland It was carried in the Negative but by Two Voices Presb. Can you Imagine that if they had apprehended any Danger to his Râ—…yal Person they would not have ventur'd their Libes a thousand timeâ—… over to have sav'd him Indep No no But on the Contrary They Foresaw the Danger debated it and yet expos'd him Nay which is still worse they reserv'd him for it Were not his Majesties Friends kept from him by a strict Order at Newcastle Was he not Spied and Guarded for fear of an Escape And upon Information that He intended one Was not a narrower Watch set over him That they foresaw the Danger is confest by the Chancellor Himself Lest we should walk in the Dark says he upon Obscurity of Ambiguous Words I shall desire that the Word of Disposing of the Kings Person may be rightly understood For Dolus versatur in Universalibus For to Dispose of the Person of the King as Both Houses or Both Kingdoms shall think fit may in some sense be to DEPOSE or WORSE And in a Speech to his Majesty he goes yet further If your Majesty says he shall refuse to assent to the Propositions which God forbid you will lose all your Friends lose the City and the Country and All England will joyn against you as one Man And when all hope of Reconciliation is past it is to be feared they will Process and Depose you and set up another Government Upon your Majesties refusing the Propositions both Kingdoms will be Constreined for their mutual Safety to Agree and Settle Religion and Peace without you which to our unspeakable Grief will ruine your Majesty and your Posterity And if your Majesty reject our Faithful Advice and lose England by your Wilfulness your Majesty will not be permitted to come and ruine Scotland Presâ—… These Propositions I suppose were of Absolute Necessity to the Well-Being of the Publique they would never have been brought in Competition else with the Kings Freedom Life and Dâ—…gnity Indep The King was first to Iustifie the Prâ—…ceedings of the Two Houses and to deliver up to Death Beggery and Infamy his Whole Party 2. To Settle the Militia of England and Ireland in the Hands of the Parliament for Twenty Years giving them Authority to raise Men and Moneys 3. To make vâ—…id all Honours since 1642 and no Peers admitted for the future to Sit â—…nd Vote in Parliament but by Consenâ—… of Both Houses who were likewise To dispose of all Great Places and Offices of Honour in England and Ireland 4. His Majesty was to Swear and Sign the COVENANT and Command the taking of it throughout the Three Kingdoms Abolishing Episcopacy and Settling Religion as Both Houses should Agree Upon his Majesties Refusal to Sign These Propositions the Scotch Declaration of Ian.
Churches by it self or More of them in Combination I will never open my Mouth after it in a Plea for the Independents Presb. It were a hard matter indeed to fasten any thing upon the Principles â—…f a Party that professes to have no Principles but still refers it self to the Guidance of a Further Light Indep And yet you can blame us for our Principles though by your own Confession you know not What they are Now for the Reserve of Acting according to a Further Light It is exprest in the Ordinary Form of our Church Covenant that it is to be reach'd unto us out of the Word which most assuredly will not lead us into any Evil. If this be all you have to say against the Independents I would gladly hear what Defence you are able to make for the Presbyterians Either Simply and in Themselves or else Comparatively with any other sort of People Nay I should not much care if you took the Iesuits Themselves for your Foil Presb. How can you say This Considering that Thundring of Excommunication which has sounded in all Ages since the beginning of the Papal Reign against Kings Emperours c. And These Practises Iustified by their Decretals and Canons Divines of greatest Authority and some of their Councils Ascribing to the Pope a Power of Deposing Princes that are Hereticalâ—… or Favourers of Heretiques The Iesuits Doctrine of KING-KILLING hath made them Odious c. Indep Do you tell us of PAPALEXCOMMUNICATIONS justified by Canons Divines Councils DEPOSING of Kings for Heresie and the Iesuits Doctrine of KING-KILLING c The Disciple should speak Reverently of his Master for I assure you a Iesuits Cloak sits exceedingly well upon the Shoulders of a Presbyterian To Discipline must all the States within the Realm be Subject as well the Rulers aâ—… the Ruled According to the Discipline of the Kirk of Scotland Printed in London 1647. The Person of the Magistrate ought to be Subject to the Kirk Spiritually and in ECCLESIASTICAL GOVERNMENT Submitting himself to the Discipline of the Kirk if he Transgress in Matters of Conscience and Religion Beza Buchanan and in truth the whole Brotherhood are for the Excommunication of Princes So that there 's Presbyterial EXCOMMUNICATION you see as well as Papal And in Case of Superstition and Idolatry the Presbyter can DEPOSE too as well as the Pope in Case of Heresie Was not the Queen-Regent in Scotland 1559. Deposed upon the Encouragement and with the Approbation of Willock Knox and their Fellows As not doing her Duty to the Subjects and as a vehement Mainteiner of Superstition and Idolatry Did not the Commissioners of the Kirk in 1596. threaten an Open Protestation against King Iames and his Council in Case of either Pardoning or Restoring the Popish Lords that were at that time under Banishment As to the Iesuits Doctrine of KING-KILLING We are able not only to Match but to Out-doe it out of the School of the Consistory There is no doubt but the Iesuits are Guilty of Delivering Doctrine that naturally leads to King-Killing Conclusions But do ye find that ever they said in plain Terms It is Lawful for Subjects to take up Arms against their Sovereign in Case of Religion Or that ever they Publiquely Applauded the Murther of a Prince after the Fact was Committed Certainly in this Particular the Consistorian Copy goes beyond the Papal Original Upon a dangerous Uproar that was raised by the Ministers in Edinburgh 1596. The King by Proclamation discharged all Iudicatories from Sitting there Whereupon the Ministers prest a Bond of Association upon the Noblemen and Barons and sent a Letter drawn by Robert Bruce and Walter Balcanquel to the Lord Hamilton to Head them For by the Motion of God's Spirit and animated by the Word the People had gone to Arms in Defence of the Church c. Not to trouble you with a Rabble of Unnecessary Instances In the Ninth Section there has been said more than enough upon this Subject already You shall now see the Veneration they have for the PERSONS of Princes Gibson in the Pulpit denounced that Curse against King Iames that fell upon Ieroboam that he should die Childless and be the last of the Race An. 1585. which words by the Assembly with much a do and after declining the Question were found to be Scandalous David Blake preached that all Kings were the Devils Barns and His Majesty had detected the Treachery of his Heart For which he was cited before King and Council and appeal'd to the Presbytery who by their Commissioners moved his Majesty for a Surcease of the Process with a charge in case of refusal to Protest against the Proceedings of the Counsel Quasi Pulpita sayes Cambden a Regum Authoritate essent Exempta As if Pulpits were priviledged from the Authority of Princes Iohn Welch at the High Church in Edinburgh preached that the King was possest with a Devil and that the People might Rise Lawfully and take the Sword out of his hand But what is all this in comparison with the License of the late times here at Home when the Two Houses and Assembly were daily entertained with Sermons and Pamphlets of this Quality for which the Authors had their Thanks and Imprimanturs But I shall rather confine my self now to the Arbitrary excesses of the Scottish Presbytery as the Model of the Covenanted and blessed Reformation To come now to their Usurpation upon the Civil Power King Iames was surpriz'd at Ruthuen 1582. under pretext of Religion and kept 5 months a Prisoner This Act was publiquely justified by the Assembly at Edinburgh as done for the Preservation of the Kings Person and Religion In the Case of Andrew Melvil It was insisted upon that Treason in the Pulpit fell under the Cognition of the Presbytery and that neither King nor Counsel Primâ Instantiâ ought to meddle with it But it is a much easier matter to find what a Prince may not do under the Inspection of a Presbytery then what he may He must not receive an Embassader nor pardon an Offender without the Approbation of the Kirk Nor so much as chuse his own Guards Court-Officers or Counsellers nor Issue out any Proclamations or Decrees They are to direct him what Forfeitures to take and how to dispose of them when to Arme and whom to Trust. If the King has a a mind to Feast an Embassader they presenly indict a Fast and Curse the Magistrates almost to Excommunication for not observing it Nay so little Power had King Iames with these people that when his Mother was under a Sentence of Death he could not get them so much as to Pray for her That God would Illuminate her with the Light of his Truth and save her from the Apparent danger she was in On the other side they claim to themselves the Power of Warr and Peace of Calling and Dissolving
the very supposition of a Law possible which may not some way or other be said to CONCERN Ecclesiastical Matters Presb. You take no notice how this Power is clogg'd with Limitations If they be found Unprofitable Unseasonable or to be abused by the People Indep Very good And if the Kirk shall think fit to find them so or so Pray'e What Remedy Bâ—…t their own Avowed Actions and Declarations are the Best Comments upon their own Principles Under King Iames in Scotland nothing was more ordinary then over-Ruling Acts of Parliament by the Acts of the Assembly Did they not erect a Counsel of the Church in Edenborough 1596. and take upon them to Convene Examine and Censure at pleasure such as they suspected to hold any Correspondence with certein Excommunicate Lords did they not also appoint to meet in Armes at the Tryal of them Nor did they think it enough to Rescind or supersede Acts of Parliâ—…ment and General Assâ—…mblies but People must be Quâ—…stion'd too for yielding Obedience to Acts of Parliament and of General Counsels under Colour of Unjust Laws Wee 'l close this particular with the Judgment of the Commissioners of the General Assembly of Scotland of May 5. 1648. The Authority of Parliament is one thing an Act of Parliament another thing We do still acknowledg their Authority when we obey not This or That Act. And whatsoever be the TREASON of Impugning the Authority of PARLIAMENâ—… It can be no Treason to obey GOD rather then MAN Neither did the General Assembly of Glasgow 1638. and such as were active for the Covenant at That time commit any Treason when they Impugned Episcopacy and Pâ—…rch Articles although ratify'd and strengthen'd by Acts of PARLIAMENT and standing LAWS then Unrepealed Presb. When we have once gotten Power into our hands we are all too apt to abuse it But I cannot yet perswade my self that the Root of these Practises is to be found in their Principles Their Books of Discipline are Publick and no Government would ever entertein it if there were such danger in it Indep How was the Covenant entertein'd or who would have dream'd of any harm in a League for the Preservation and Defence of the King's Majestie 's Person and Authority And yet the Presbyterian Interpretation and Salvo of Subordinating his Majesties SAFETY and PRESERVATION to the Defence of the TRUE RELIGION immediately following and the Kirks assuming to Themselves the Judgment of that Religion brought both King and Church to Destruction Nor can you choose but Observe the Holy Discipline and Covenant to be both of a Stile and both of a Design Their Claim concerning Ecclesiastical Matters hooks in all Laws and In the Defence of the true Religion They usurp an Authority over all Magistrates This Discipline at the best is but a Worm at the Root of Civil Government Wheresoever it comes the Secular Power hangs the head and droops upon it and never thrives after But to Sovereign Princes a man might say of it as God said to Adam of the Apple In the day you eat thereof you shall dye the death Now as it is manifestly destructive of Law in the very Foundations of it to carry an Appeal from all Temporal Governours and Constitutions to the Scepter and Sentence of Christ sitting upon his TRIBUNAL in the PRESBYTERY the Language of Beza himself so likewise have they their Preparatory Artifices for Obstructing the Execution of Law and for the Weakening and Distracting of a Government before they enter upon the Great Work of Dissolving it And this is effected by the Trojan Horse as one calls it of their Excommunication that carries all the Instruments and Engines of Publique Ruine and Confusion in the belly of it By Virtue of this Device they do not only impose upon all Ministers and Courts of Justice but they may when they please as Hooker observes send out their Writs of Surcease and fetch in the whole Business of Westminster-Hall to the Bar of the Consistory Or at the fairest according to Beza's Distinction if they allow the Civil Iudg to try the Fact as mere Civile yet de Iure Controverso Ecclesiasticum Synâ—…drium constat Respondisse The Church was to determine in matter of Law and the Civil Magistrate after That to pronounce Sentence according to That Decision Briefly Beza gives the Presbytery the same Power under the Gospel which was Exercised by the Synagogue under the Law But now to the Point of your Excommunication and to shew you in what manner it is apply'd to hinder the Execution of Law and to obstruct Civil Iustice. By One Clause of your Discipline You may Abrogate what Laws you please concerning Ecclesiastical Matters And by Another The Minister is Authorized to handle External things for Conscience Cause So that your Authoritâ—… is without Controul in Ecclesiastical Matters and so is your Liberty of handling Civil Matters as Ecclesiastical Upon which Bottom was founded an Assertion not long since mainteined at the Savoy i. e. That the Command of a most Lawful Act is sinful if That Act commanded may prove to any One a Sin per Accidens Now if the Kirk shall think fit to Abrogate a Law as nothing more frequent whoever shall presume to Execute That Law is sure to be Excommunicate And the Supreme Magistrate himself is no less lyable to Church Censure for not Executing That Sentence then the Inferior Magistrate was for his Original Disobedience The Bishop of St. Andrews in 1586 was Excommunicate for Advising King Iames to a Declaration against Certein Fugitive Ministers that were denounced Rebels and Contriving the Statutes of 1584. touching The Kings Authority in Ecclesiastical Causes Knox is for Excommunication in all Crimes that are Capital by the Law of God and in effect for the Churches Tryal of the very Fact It was not for nothing that the Two Houses held the Assembly so long in Play upon this Point and in Despight of all Importunities to the Contrary kept the staffe still in their own Hands and reserved to Themselves the Ultimate Appeal in Cases of Excommunication Presb Was it not rather the Work of the Independents Who to say the Truth were as much against any Settlement at all as against That And against the very Convening of the Assembly it self Indep And they had done the State a good Office if they had totally hindred it But this is beside our Business We have said enough as to the Dangerous Influence of Presbytery upon the Security of his Majesty and the Law It remains now to be considered with a respect to the Rights and Liberties of the People SECT XXX The Question of Toleration betwixt Presbytery and Independency Debated with a Regard to the Rights Liberties and Advantages of the PEOPLE Indep YOU see how it is with Kings Parliaments and Laws under the Dominion of Presbytery We are now to look into the Condition of the Nobility Gentry Commonalty and of the Presbyterial Clergy it self under