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
principem legem legislatoris non Consiliarii esse non ex vi consensus consilii habiti sed ex regia legislatoris â—i obligantem Ibid. pag. 38. Non erubescimus Iuristaturum reiicere opinionem qui volunt in monarchiis non obligare legem nisi à populo acceptetur cum monarcha sit legislator lex lata qualex obliget adeo ut ad eam acceptandam cogendi sint subditi post legis a monarchae lata publicationem temporisque quoà d populi notitiam pervenat sufficientis lapsum potest sine ulla acceptatione publica legis observatio praecisem ingeri Heylyns antid pag. 66. The declaration of his Majesties pleasure in the case of S. Gregorie is to be extended to all other cases of the same nature It is a maxime in the civill law Sententia Principis ius dubium â—eclarans ius facit quoad omnes Item Quodcunque imperator per epistolam constituit vel cognoscens decrevit legem esse constat Id. in his moderate answere pag. 29. Only these commands of the King are to bee refused which are directly against Scripture or include manifest impietie Hee learned this from his opposite the Lincobishire Minister pag. 68. I say that all commands of the King that are not upon the clear and immediat inference without all profylogismus contrarie to a cleare passage of the word of God or to an evident Sun-beame of the law of nature are precisely to bee obeyed nor is it enough to finde a remote and possible inconvenience that may ensue 2. When he is pleased to call a Parliament it is his due right by his letter to ordaine such Barrons to be Commissionars for the Shires and such Citizens to bee Commissionars for Burrowes as hee shall bee pleased to name (f) Ioannes Wemius pag. 23. Baronum ut civium ad Comitia delegatos non ita absolute à Baronum vel Civium delectu pendere volumus ut non possit rex quos ille maxime idoneos censuerit eligendos nominare praesertim cum pro legibus ferendis ijsque quae administrationis sunt publicae statuendis Comitia indictae sunt in quibus liberum denegare regi arbitrium quos aestimarit prudentissimos quibuscum deliberet sibi in Concilium ascâ—scendi esset ex rege non regem eum facere statuumque voluntati ad regiae depressionem eminent à nimis subjectum 3. That he may lawfully exact when he hath to do what portion of his Subjects goods hee thinks meet and by himselfe alone may make such Lawes for exactions in times to come as seemes to him best (g) Joannes Wemius pag. 19. Omnia fatemur quae in regno sunt regis esse qua rex est id est qua paternus regni dominus adeoque qua postulat ipsius qua rex est aut publica regni conditio posse regem de singulorum bonis disponere praesertim ubi omnes in regno terrae in feuda concessae fuerint à rege aliquod penes se dominium retinente Id. pag. 17. Licet non de jure omnium bona exigendo tamen de jure in omnes leges ferendo sine omnium consensu statuere potest Montag orig pag. 320. Omni lege divina naturali vel politica licite semper reges principes suis subditis tributa imposuerunt licitè quoque exegerunt cum ad patriae reipublicae desensionem tum ad ipsorum familiae honestam procurationem Hanc doctrinam accurate tuetur Ecclesia Anglicana in qua sacerdotes licet magis gaudere soleant debeant immunitatibus tamen frequentius exuberantius libentius quam Laici decimarum decimas subsidia annatas primitias solvunt 4. That no Subject of his Kingdome can have any hereditarie jurisdiction but any jurisdiction that either any of the Nobilitie or any other Magistrate or officer possesseth they have it alone during his pleasure that at his presence the power of all others must cease and at his death evanish and be quite exstinguished till by his successors by new gift it be renewed (h) Joannes Wemius pag. 136. Cum regis sit in suo regno judices magistratus constituere qui ipsius sint in judicando jubendo vicarli potest tex jubendi judicandique jus ac magistratus judicesque constituendi potestatem inferioribus concessam prout regno utile esse visum ei fuerit abutentibus auferre nulla proprie est sub Rege patrimonialis haereditaria jurisdictio rege solo jurisdictionem tanquam propriam habente aliisque quibus eam non dat sed communicat tanquam depositam accipientibus Igitur non ut terras ita jurisdictionem simpliciter ut loquuntur privative rex alienare potest nisi rex esse desinat Ibid. pag. 157. Si judices sint principum vicarii nulla est eorum principe presente potestas cum solius absentis teneat quis locum si quae est alicubi aliquando videatur non nisi jus est â—â—dicium regium volente Rege declarandi ut ita ex judicam ore proferatur Regis sententia Ibid. pag. 17. In statuum caetu non tam judicantibuâ— ipsis quam assistentibus imperium exercet rex quandoquidem praesente jurisdictionis sente evanescat aboram omnium jurisdicâ—â—o derivata ut fluviorum perditum nomen potestas cum in mare discenderint Ibid. pag. 143. Principus occasis evanescit judicum omnium tam ordinariorum quam delegatorum jus Negari non potest tam apud Romanos quam alios in usu fuisse ut qui in demortuorum succederent locum reges quamprimum regnorum gubernacula capesserent magistratuum judicumque jurisdictionem confirmarent ut ostenderetur extinctis regibus nullam esse inferiorum authoritatem nisi successorum edicto confirmentur saltem patientia tacite approbentur 5. That Scotland is a subdued Nation that Fergus our first King did conquer us by the sword and establish an absolute Monarchie for himself and his heires giving to us what Lawes hee thought meetest (i) Corbet p. 45. There was no law in the Kingdom of Scotland before the kings gave it For before Fergus his days we were genus hominum agreste sine legibus sine imperio He and his successors gave lawes Ibid. Fergus did conquere us 6. That al the Lands in Scotland were once the Kings propertie and what thereof hath beene given out for service yet remaines his owne by a manifold right (k) Corbet pag. 45. Fergus and his successors divided the whole land which was their owne and distinguished the orders of men and did establish a politick government This is cleare ex archivis regiis ubi satis constat regem esse dominum omnium bonorum directum omnes subditos esse ejus vassallos qui latifundia sua ipsi domino referant accepta sui nempe obsequii servitii praemia 7. That to deny any of the named parts of this power to
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
become intolerable but the Prince setled in the full strength of his authoritie which for a time the cloud of these grassehoppers did eclipse in the hearts of his people The third point wherein ye joyne us with the Iesuites is our denying to the King the government of the Church In this ye doe us wrong as in all the rest for we reiect the Popish doctrine here They make Princes meer sheep they command them to follow the Pope their pastor where ever he leads were it to the bottome of Hell without asking so much as Domine quid facis but we esteeme it to be a chiefe part of the Magistrates office to command all Church-men to doe their dutie and when they will not be perswaded with cleare reasons to compell them by force to reforms the corruptions in the worship of God But ye skift out here much further to an extravagance wherein ye have no approved divine to be your patron Yee teach that all Soveraignes are the true heads of the Churches in their Dominions Such styles the Bishops of England since the beginning of Queene EliZabeths reigne have ever denyed to their Princes with their owne contentment Ye will have not only the Magistrate to command that which is right in the service of God as Austine and wee doe gladly grant but also ye make it his right were he a professed heretick or Pagan to give what lawes he will to the Church without her consent or so much as advice Ye give to the Prince much more then the Iesuites will grant to the Pope to doe in the Church even without a Counsell what he thinkes meetest and if it be his pleasure to call a Counsell ye make it his only right to call either of the laitie or the Cleargie whom he will to be members thereof and when these members are conveened ye give to the Prince alone the power of judging and deciding and to all others but of meere advice Except so farre as the Prince is pleased to communicate to so many of them as he thinkes meete his owne decisive voice In such a Counsell or without it ye make it the Princes right to destroy at his pleasure all Church-Canons Church-judicatories and formes of divine worship which by Lawes and long customes have been established and to impose new Confessions of Faith new Ecclesiasticke judicatories new Bookes of Canons Leiturgie Ordination Homilies Psalmes by meere authoritie All this by your perswasion yee moved our Prince to assay but upon better information his royall justice is now pleased to reiect all such your designes for his Majestie hath given to us assurance not only at his Campe but by his Commissioner in our last Assemblie and we hope also that at once this assurance shall be confirmed in Parliament that no ecclesiastick novation shal over be required by his Maj but that wherto a free generall Assemblie shall give their full assent In this point therefore betwixt us and our Prince there is no discrepance neither here had wee ever any difference with any reformed Divine 4. Paralell About convocation of Synods we have no questioÌ„ with the king Your fourth challenge that we deny to the King power to convocate Assemblies yet know the contrarie that we give to all Christian Soveraignes so much interesse in the affaires of the Church as to convocate Assemblies where and whensoever they please But we grant that we are no wayes of your minde in this point that the Church may never lawfully meere in any case though Heresie and Schisme were eating up her life and drinking her heart bloud without the call of the Magistrate that no Church meeting at all is lawfull no not for prayer or Sacraments without the Magistrates permission That all Churches must lye under an interdict and no publick meeting in them must bee till the Magistrates licence bee first obtained Is all opposition to you in these things Iesuitisme what ever difference we have here with you yet with our Prince in this point we are fully agreed Your gratious Brethren and Fathers when we had beene in possession continually after the reformation for common of two generall Assemblies yearlie by their wicked dealing spoiled us of all that Libertie so that for 38 Yeares space wee had no generall Assemblie to count of but two both which were thrust upon us against our heart for the advancement alone of their evill purposes Yet now thankes be to God our Prince being wel informed of the mischivous wrong your partie did to us in this matter hath granted our reasonable desires if so be the like of you make not this grant fruitlesse unto us as ye truely intend The old act of Parliament for yearlie generall Assemblies and ofter pro re nata is acknowledged by the Kings Commissioner to be very reasonable and with his consent hath past the articles of our late Parliament so that our Prince now is very well content that from the generall Assemblie the highest Ecclesiastick Court being so frequently to bee keept should come no appeale at all to him Your fift and sixt parallell are cast together The 5. 6. Paralell We have no question with our Prince about his presidencie and supremacie in counsels the Kings Presidencie in generall Assemblies Supremacie in Ecclesiastick affaires yee handle these so confusedlie with so many wicked scoffings and scurrilous abusing of scripture that your meaning can scarce be understood Wee are so faâ—re from denying to the Prince the place of royall presidencie and moderation in our Assemblies as Constantine used it at Nâ—oâ— and King Iames oft in Scotland that it is one of the things our hearts mâ—st desire to see King Charles possessing in his owne person that priviledge His royall Sâ—premacie we willingly yeel◠〈◊〉 so farre as the fundamentall Lawes of our Câ—urch and Kingdome extend it yea we make no question that in that sense Bilson and the old Bishops of England understood it But your late Commentarie of the Kâ—ngs Supremacie whereby ye ascrive to every Soveraigne much more then any Iesuite ever gave to the Pope wee doe reject it with the Kings good leave as before was said Your repeated cavills at our Elders Sessions Presbyteries and Assemblies is not worth the answering The frame of our Discipline established by the Lawes of our Church and State in Holland France practized peaceably in the happiest times of our Church and in daily use since the first reformation without any quarrell is now ratified by our Prince 7. Paralel We are much for ther then our opposites from the doctrine of the churches infallibilitie So your mouth should bee stopped and your tongue silent what ever boyling be in your breast In your seventh parallell ye lay upon the Iesuites and our back that which is your owne burden ye might have knowne that the Iesuites ascrive to no Counsell any infallibilitie without many distinctions And as for us none is ignorant that we beleeve all meetings of men since
though the remainder of the Nobilitie and Gentrie in the Land should be sent over by him some to worke in fetters in his Mines of Peru others in chayns to row all their dayes in his gallayes in the Mediterrane for all these or any other imaginable acts of tyrannie that could escape the wicked head of any mad Nero of any monstrous Caligula these men doe openly take upon them to perswade that no kinde of resistance for defence can bee made by the whole States of a Land though sitting in Parliament with a most harmonious consent no more then the Jewes might have done against Nabuchadnezar or the Christians of old against the Pagane Emperours or the Greeke Church this day against the grand Signieur in Constantinople that all our forbeares both English and Scots in their manifold bickerings against the misleaders of their Prince against the tyrannizing factions of Court were ever Traitours and Rebels and ought to have loosed their head and Lands for their presumption to defend their Liberties against the intollerable insolencies of a pack of runnigate Villanes for their boldnesse to fasten the tottering Crowne upon the head of their Kings all such Services of our Antecessours to King and Countrie were treacherous insurrections If for all these their crimes I make speake before you no other witnesses then our owne tongue Armes needlesse taken in so evill a cause can not but end in an untimeous repentance I trust they shall not remaine in your mindes the least shaddow of any scruple to beleeve my allegations nor in your wills the least inclination to joyne with the Counsells of so polluted and self-convicted persons And if to men whose open profession in their printed Bookes let be secret practises leads to so wicked ends so farre contrarie to the glorie of God to the honour and safetie of our King to the well of us all whether in Soule Body Estate Children or any thing that is deare to us yee would lead your armes against us we beleeve the Lord of Hosts the righteous judge would be opposite to you and make hundreds of your men in so evill a cause flee before ten of ours Or if it were the profound and unsearchable pleasure of the God of Armies to make you for a time a scourge to beate us for our manifold transgressions yet when ye had obtained all the Prelates intentions when wee for our others sins were tred under your feete wee would for all that hope to die with great comfort and courage as defenders of the truth of God of the Liberties and Lawes of our Countrie of the true good and honour of the Crown and Royall Familie All which as we take it one of the most wicked and unnaturall faction that ever this Isle did breed are manifestly oppugning yet certainly we could not but leave in our Testament to you our unjust oppressors the legacie of an untimous repentance for when ye have killed thousands of us banished the rest out of the isle when on the back of our departure your sweete Fosters the Bishops have brought the Pope upon you and your Children or when a French Spanish invasion doth threaten you with a slavish conquesh Wil ye not then all above all our gracious Prince regrate that Hee hath beene so evill advised as to have put so many of his brave Subjects to the cruell sword who were very able and most willing to have done him noble service against these forraine usurpers Would not at such a time that is too likely to be at hand if our Prelates advises now be followed both his Majestie and all of you who shall remaine in life bee most earnest recallers not onely of your owne Countrie-men many thousands whereof ye know have lately by Episcopall tyrannie beene cast out from their homes as farre as to the worlds end among the savadge Americans but also the reliques of our ruine from their banishment with as great diligence as in time of Fergus the second the inhabitants of this Land did recall our ancestors when by the fraud force of a wicked faction they were the most part killed and the rest sent over sea in banishment It were better by much before the remeedilesse stroke be given to be well advised then out of time to sigh when the millions of lost lives when the happinesse of our true Religion when the liberties of both the nations once throwen away by our owne hands can not againe be recovered To the end therefore that such lamentable inconveniences may be eshewed In this nick of time very poore wittes without presumption may venture to speake to Parliaments and your Honours the more animate to deny your power to those who now possiblie may crave to have it abused against us without cause beside numbers of pressing reasons wherewith I doubt not every wise man amongst you is come well enough instructed by his owne considerations and which I trust shall be further presented in plentie by these of our Nation who have ever beene at the head of our affaires whom God hath still enabled to cleare the justice and necessitie of all our proceedings hitherto to the mindes of all save our infatuat adversaries whom superstition and rage hath blinded If it might be your Honours pleasure when all the rest hath ended I could wish that even unto me a little audience were given my zeale to the truth of God to the peace of this Isle to the honour of our deare gracious Soveraigne imboldneth me to offer even my little myte of information This is a period of time when the obstinate silence of those who are most obliged by their places and guifts to speake must open the mouth of sundrie who are not by much so able verie babes yea stones must finde a tongue when Pharisees deny their testimonie to Christ Dumbe men will gett words when a Father when a King let be a whole Kingdome by the wickednesse of a few is putt in extreame perrill of ruine An Asse will finde language when the devouring Sword of an Angell is drawne against the Master Nothing more common then the speaches of very Oxen before any calamity of the Common-wealth The clâ—iking of Geese did at a time preserve the Capitoll Amicla was lost by too much silence The neglect of the voice of a Damosell the contempt of Cassandraes warning the casting of her in bands for her true but unpleasant Speach did bring the Troyane Horse within the walls and with it the quick ruine both of the Cittie and Kingdome I hope then that the greatnesse of my undertaking may purchase mee a little audience An offer deserving a little audience For I offer to make you all see with your own eyes and heare with your owne eares the Canterburians to declare by their owne tongues and write downe under their owne hands their cleare mindes to bring into our Church Arminianisme and compleet Poperie and in our State a slaverie no
lesse then Turkish If ye finde that I prove my offer I trust I may bee confident of your wisedomes that though Cicero himselfe with him Demosthenes as a second Orpheus with the enchantments of his tongue and harp as a third marrow should come to perswade yet that none of you shall ever be moved by all their oratorie to espouse the quarrels of so unhappie men If I faile in my faire undertaking let me be condemned of temeritie and no houre of your leasure be ever againe imployed in taking notice of any more of my complaints But till my vanity be found I wil expect assuredly from your Honours one hearing if it were but to waken many an able wit nimble pen in that your venerable House of Convocation Numbers there if they would speake their knowledge could tell other tales then ever I heard in an out-corner of the Isle far from the secrets of State and all possibilitie of intelligence how many affaires in the world doe goe It is one of the wonders of the world how many of the English Divines The silence of the English Divines is prodigious can at this time be so dumbe who could well if they pleased paint out before your eyes with a Sun-beame all the crimes I speake off in that head members It is strange that the pilloring of some few that the slitting of Bastwickâ—â— and Burtowns nose the burning of Prinnes cheeke the cutting of Lightouns eares the scourging of Lilburne through the cittie the close keeping of Lincolne and the murthering of others by famine cold vermine stinke and other miseries in the caves and vaults of the Bishops houses of inquisition should binde up the mouths of all the rest of the Learned England wont not in the dayes of hottest persecution in the very Marian times to bee so scant of faithfull witnesses to the truth of Christ wee can not now conjecture what is become of that Zeale to the true Religion which wee are perswaded lyes in the heart of many thousands in that gracious kirk we trust indeed that this long lurking and too too long silence of the Saints there shall breake out at once in some hundreths of trumpets and lampes shining and shouting to the joy of all reformed Churches against the camp of these enemies to God and the King that quickly it may be so behold I here first upon all hazards doe breake my pitcher doe hold out my Lampe and blow my trumpet before the Commissioners of the whole Kingdom offering to convince that prevalent faction by their owne mouth of Arminianisme Poperie and Tyrannie THE MAINE SCOPE And Delineation of the subsequent TREATISE CHAP. I. OUR Adversaries Our Adversaries decline to answer our greatest challenge are very unwilling to suffer to appeare that there is any further debait betwixt them and us but what is proper unto our Church and doe arise from the Service-Book Canons and Episcopacie which they have pressed upon us with violence against all order Ecclesiasticall and Civill In the meane least they become the sacrifices of the publick hatred of others in a subtile SophisticatioÌ„ they labour to hide the notable wrongs and effronts which they have done openly to the Reformed Religion to the Churches of England and all the Reformed Churches in the main and most materiall questions debated against the Papists ever since the Reformation for such as professe themselves our enemies and are most busie to stirre up our gracious Prince to armes against us doe wilfully dissemble their knowledge of any other controversie betweene them and us but that which properly concerneth us and rubbeth not upon any other Church In this their doing the Judicious may perceive their manifold deceit whereby they would delude the simple and many wittie worldlings doe deceive themselves First they would have the world to thinke that we obstinately refuse to obey the Magistrate in the point of things indifferent And therefore unnecessarily and in a foolish precisenesse draw upon our selves the wrath of the King Secondly when in our late Assemblies the order of our Church is made knowne and the seeds of superstition heresie idolatrie and antichristian tyrannie are discovered in the Service-Booke and Canons they wipe their mouth they say No such thing is meant and that we may upon the like occasion blame the Service-Booke of England Thirdly when by the occasion of the former quarrellings their palpable Poperie and Arminianisme are set before their eyes and their perverse intentions desires and endeavours of the change of Religon and Lawes are upon other grounds then upon the Service-Booke and Canons objected against them they stopp their eares or at last shut their mouthes and answer nothing This Challenge they still decline and misken they will not let it be heard let be to answer to it And for to make out their tergiversation and to dash away utterly this our processe they have beene long plying their great engine and at last have wrought their yond most myne to that perfection that it is now readie to spring under our wals By their flattering calumnies they have drawn the Prince againe to arms for the overthrow of us their challengers and for the affrighting by the terrour of armies on foot of all others elsewhere from commencing any such action against them As for us The scope of the Treatise truely it were the greatest happinesse wee doe wish for out of Heaven to live peaceably in all submission and obedience under the wings of our gracious Soveraigne and it is to us a bitternesse as gall as wormwood as death to be necessitated to any contest to any contradictorie tearmes let bee an armed defence against any whom he is pleased to defend Yea certainly it were the great joy of our heart to receive these very men our mortall enemies into the armes of our affection upon any probable signes in them of their sincere griefe for the hudge wrongs they have intended and done to their Mother-Church and Countrie But when this felicitie is denyed and nothing in them doeth yet appeare but induration and a malicious obstinacie going on madly through a desperate desire of revenge to move a very sweete Prince for their cause to shed his owne blood to rent his owne bowels to cut off his owne members what shall wee doe but complaine to GOD and offer to the worlds eyes the true cause of our sufferings the true grounds of this Episcopall warre or rather not Episcopall but Canterburian broyle for we judge sundrie Bishops in the yle to be very free of these mischiefes and beleeve that divers of them would gladly demonstrate their innocencie if so bee my Lord of Canterburie and his dependants were in any way to receive from the Kings justice some part of their deservings Howsoever that wee may give a testimonie to the truth of God which wee are like at once to seale with our blood wee will offer to the view of all Reformed Churches and above
of Trumpets dedicated to the King by Canterburie As for the Churches lawes which wee call Canons or rules made to restrain or redresse abuses they have alwayes been made at Church assemblies and in her owne Councels not elsewhere Heylens antidot pag. 29. I trow you are not ignorant that the kirk makes canons it is the work of Cleargie men in their Convocations having his Majesties leave for their conveening and approbation of their doings His Majestie in the declaration before the articles hath resolved it so and the late practice in King Iames raigne what time the Book of Canons was composed in the Convocation hath declared it soo to 3. They avow that all their injunctions though so many and so new yet they are so holy and so just that the whole kingdome in conscience must embrace them all as the commands of God (e) VVhites examination pag. 20. telleth us as it were from Eusebius Quicqued in Sanctis Episcoporum conciliis decernitur id universum Divina voluntati debet attribus And from Bernard Sive Deus sive homo vicarius Dei mandatum quodcunque tradiderit pari profectó obsequendum est cura pari reverentia suscipiendum ubi tamen Deo contraria non praecepit homo That whoever will be so peart as to affirm in any one of them the least contrarietie to the Word of God he must have no lesse censure then the great excommunication from which he must never be relaxed but by the Bishops own mouth after his publick repentance and revocation of so vile an errour (f) Book of Canons pag. 8. VVhosoever shall hereafter affirme that the forme of worship contained in the booke of Commoun Prayer that the rites and ceremonies of the church that the government of y Church by archbishops bishops and others that the forme of consecrating archbishops bishops presbyters and deacons as they are now established under his Maiesties authoritie doe containe in them any thing repugnant to the Scriptures or are corrupt superstitious or unlawfull in the service and worship of God let him be excommunicate and not restored but by the bishop of the place or archbishop of the province after his repentance and publick revocation of such his wicked errours That his bodily and pecuniall penaltie shall be at the free will and discretion of the Bishop (g) Book of Canons pag. 37. In all this book of Canons whersoever there is no penaltie expressely set downe it is to be understood that so the crime or offence bee proved the punishment shall be arbitrarie as the ordinarie shall think fittest That the worthiest men of any liberall profession get savour to losse but their eares to have their noses slit and cheeks burnt for contradicting their innovations (h) Canterburies Star chamber speach in his epistle to the King I shall rather magnifie your clemencie that proceeded with those offenders Burtoun Bastmijck Prinne in a Court of Mercie as well as Iustice since as the reverend Iudges then declared yee might have justly called the offenders into another Court and put them to it in a way that might have exacted their lives That the furthest banishments for tearme of life is a priviledge which their indulgence may grant but to few (i) The world knowes that numbers who have beene flying from episcopall tyrannie out of England to the very new found lands never to return have beene by violence keeped back and cast in their prisons and wee see dayly that numbers not onely of men but even of sillie women are drawn back in Ireland from their flight out of the kingdom to close prisons That the vilest dungeons yrons whippings bread and water chaining to posts without all company day or night in the coldest and longest winters is but a part of their opposers deserving (k) Huntly in his Breviat reports as a known case among many other this one also that M. Iohn Hayden a poore Devonshire Minister for preaching at Norwich a Sermon wherein he let fall some passages against setting up of images and bowing at the name of Iesus was apprehended like a traitour with the Constables bills and halberts by D. Harsnet then Bishop and brought manacled to him like a fellon and committed to the common Iayle close prisoner above thirteene weekes where hee was like to sterve the Bishop having taken from him his horse papers and all thereafter he was sent by a pursevant to London and keeped two full tearms At last by the high Commission he was deprived of his orders thereafter the high Commissionars imprisoned him in the Gate house common dungeon and Canterburie sent him to be whipped in Bredwall and there keeped him all the long extreame cold winter in a dark cold dungeon without fire or candle light chained to a post in the mids of the room with heavy yrons on his hands and feet allowing him only bread and water with a pad of straw to ly on And since on his reliefe hath caused him to take an oath and give band to preach no more and to depart the Kingdome within three weeks without returning and all this for preaching after his first uniust deprivation though no exception was taken against his doctrine That the greatest Nobles of the Land ought in Law to for-fault their Life and Estate if they be so bold as to put their hand to a supplication unto their gratious Prince against their practices (l) Sundrie of our prime Earles and Lords did present a supplication to our King after his Coronation wherein the matter of their greatest complaint was so far as ever wee heard their challenging of the Bishops for what they had done and were likely to doe The copie of this privie supplication being privily convoyed by an unfriend some two or three years thereafter out of my Lord Balmerinochs chamber was a dittay for which hee was condemned to die for an example to all other Noble Men to beware of the like rashnesse especially his Fellow-supplicants who are all declared to have deserved by that fault the same sentence of death Large Declaration pag. 14. Nor could they have found the least blemish in our justice if wee should have given warrant both for his sentence and execution whose life was now legally devolved into our hands Ibid. pag. 13. VVee were graciously pleased that the feare and example might reach to all but the punishment onely to one of them to passe by many who undoubtedly had beene concluded and involved by our Lawes in the same sentence if wee had proceeded against them That all this is but just severitie and the very expedient meane to advance their cause which they glory have well neere already close undone their opposites (m) Studley about the end of his wicked storie avowes that since by severe punishment the number of the unconformists have decayed that their cause can not bee from God and which they boast shall still bee used (n) Canterburie in his epistle to the
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
notable deceaver while ye would make the world beleeve that the great questions betwixt you and us are alone about Bishops and Elders while as ye are very like if ye be not marred by the hands of Bishops to bring in upon us the whole bodie of Poperie and to overthrow the whole civill Priviledges of both the Nations without any possible remedie as your selfe in this same place doeth too evidently declare Upon your first parallell we make but one other remarke The CanterburiaÌ„s in all their lectures of tyrannie have the Jesuites for their Masters Yee wrong much the Iesuites in denying them the honour to be your adiuncts in the re-erection of a tyrannick and turkish Monarchie in Christendome Your ambition herein is too great it were better to admitt these pregnant wits to be copartners in your glorie then to venture you alone upon so high a designe The opposition which that worke can not but suffer may make it breake in your hands if ye be not supported with their effectuall assistance in this art they are your Masters yee are but meere novices it is unjustice to dissemble from whom ye have learned if ye deny your theifts from them the world about you is not blinde they see laugh at your poore and ill contrived cunning for who now is ignorant that the Jesuites above all men living have obtained long agoe the priviledge to sit in Machiavels chaire that from thence they may teach every where their lectures of tyrannie for the re-erection of a spirituall Monarchie in the whole Church for the pope in their owne societie for the generall in the whole universe in things temporall a Catholick Monarchie for the Spaniard And while these furthest ends may bee gotten and compassed an absolute Monarchie for the Prince in every countrie where they can gett footing What ever paines of old the Pope did take to weaken Emperours and Kings for the promoting of his owne greatnesse yet now being fully assured of their constant affection to beare his Yoake he hath this last age beene as busie as lay in his power in lifting up of their head by the hands chiefly of the Jesuites to the toppe of all Tyrannie with the extreame prejudice of their Subiects Liberties and Lawes Who else were the prime Counsellours of Philip the second for to spoile his ancient Kingdome of Arragon of their great priviledges and to bring them downe to the same basenesse of Subiection wherein his great grand father Ferdinand had putt the Mâ—ores of Granada Who else did stirre him up to begin that course of tirannie with Flanders which hath cost him more money alreadie then this day all Europe can command and more men then are living Spaniards Who else were the advisers of King Lues the 13. to spoile his ancient Kingdome of Navarre and his Fathers best friends the Protestants of these priviledges which they had long enjoyed peaceably under former Kings Who wakened the late King of Pole to present the Yoake of tirannie to the necke of his ancient Subiects in Swaine Had the late Emperour any other movers to these cruell oppressions which first in his own hereditarie Estates then in the Kingdome of Boheme and last in the whole Empire hee did practise to the very evident hazard of his Crowne to the infinite unspeakable afflictions of Germanie through the mids and all the foure corners thereof was not the maine and graund quarrell of all these Troubles the too great affection of a Monarchick tyrannie of an absolute domination without tye of Lawes Oaths Covenants wherewith the Jesuites inspired the heart of that man otherwise not the worst of Princes Though therefore it be your craft for your better lurking to professe your Separation from the Jesuits in this your great enterprise of erecting in Britaine a new Monarchicke tirannie Yet the world is not so blinde as you suppose but seeth you clearly linked hand in hand the Jesuites leading the ring and you but following and dancing to their measures Your second paralell is wholie Jesuitick 2 Paralell We are farr from subiecting the Crowne of our King to will of his people the throwing of holie Scriptures unto your wicked Scoffes at the gracious Servants of God the laying to our charge imputations which never entred in our thoughts Did anie of us ever teach that royall authoritie did depend upon the multitude and that it was in their power to give Crownes to whom they would When these men are bold to put in print before the Eyes of the world such slanders of us what doe they instill in the eares of our King and his Servants in their privie Conferences Shall anie wonder that so long as such men get leave to spread without a reply such horrible calumnies of us that the heart of our gracious Prince and manie about him should be much inflammed to our hatred What he speaketh of divine institution of Kings wee doe believe it that by God Kings doe reigne it is plaine Scriptures as also that all advancement is neither from the East nor the West but from the hand of the most High So that all who denie to any Superiour the obedience which is due to their Lawfull commands must sinne against God We grant that some of our Opposites have here a conceit which we doe not well understand they seeme to teach that royaltie alone and that most absolute without any limitation is of divine institution that all other governments whether of republick or aristocracies are but humane inventions opposite to the Law of nature and the first institution of God This state-speculiation seemeth to us a curiositie wherewith we have nothing to doe it is enough for us to beleeve that our King is set over us by God as his Deputy that since the time our old ancestours did choose Fergus for their King oblidging themselves by their oath to be ruled by his race alone according to the laws made and to be made with publick consent yea since the days of King Kenneth the third to be governed by his nearest heire Our subiection to the nearest heire of that race is now simplie unchangeable The least motion of any such change hath as little come in the minde of our Nation in these dayes of King Charles as in any age of the last two thousand Yeares wherein our Fathers have shewed more constant affection to the service of his Antecessours then any other Nation under the Heaven this day to their royall families Wâ—at here ye rechant of our minde to a resistance and defensive warre in some cases is nothing contrarie to this our profession Many bickerings have our predecessours had with misleading factions to which the Prince for a time hath given his countenance but they were ever willing to distinguish betwixt the Prince and his misinformers 3. Parallell The CanterburiaÌ„s give to the Prince much more power over the Church then the Iesuites give to the Pope to see them punished when their insolent tyrannie