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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A47935	Tyranny and popery lording it over the consciences, lives, liberties, and estates both of King and people	L'Estrange, Roger, Sir, 1616-1704.	1678 (1678)	Wing L1321; ESTC R16131	33,544	96

TYRANNY AND POPERY Lording it Over THE CONSCIENCES Lives Liberties AND ESTATES BOTH OF KING AND PEOPLE LONDON Printed for Henry Brome at the Gun at the West End of St. Paul's Church-Yard 1678. TYRANNY AND POPERY Lording it over the Consciences Liberties and Estates both of King and People To all those that Love either their Religion their Prince their Country or Themselves THis and no less than All This is the Import of the Matter in Question The Government is charg'd by a Faction to be Tyrannically and Popishly Affected and This Pamphlet is to Prove that the very Faction which charges This upon the Government is in all Matters Ecclesiastical and Civil Publique and Particular the great Imposer and Usurper it self But before I enter upon the Subject I do here previously Swear by the Hopes of a Christian that I am not mov'd to this Discourse by any Biass either of Partiality or Faction That I have no Aversion to the Party any further than as I find them the Mortal Enemies of our Government Laws and Freedoms and that in the Prosecution of this Argument I will not Press one Syllable according to the best of my Skill and Knowledge beyond the strict Limits of Truth and Reason My Purpose being only to Vncover the Pit that the Vnwary may not a second time run Headlong into the same Precipice I shall begin with the Platform of the Scottish Presbytery and shew you the Sovereign and Unaccomptable Power which that Judicatory claims to it self My next work will be to observe the Harmony betwixt Simeon and Levi Their Consistorians and Ours in the Frame and Scope of their Discipline In the next place we 'll Compare their Positions and then conclude with a View of their Usurpations Arbitrary Practises and Proceedings and all This extracted from the Vndeniable Memorials and Records of the Times and Actions whereof we are about to Treat and in as few words as may be to speak Home to it and Clear The Platform of the Scottish Presbytery THe Presbyterial Government has Four Judicatories A Parochial Session A Presbyterial Consistory A Provincial Synode And A General Assembly The Parochial Session is constituted of One Minister or More with a Competent Number of Lay-Elders their Presbyteri non Docentes and Deacons It meets once a Week or oftner if there be Occasion and takes Cognizance of all Parochial Cases concerning External Order and Censure If there be but One Minister in the Parish he is Constant Moderatour If More they take their Turns as they can agree upon 't and they are all of them Equal in Honour and Jurisdiction There passes no Act without the Joynt Consent of the Minister Lay-Elders and Deacons or Plurality of Votes and Note that the Minister has no Casting Voice The Power of Binding or Loosing of Censures Ecclesiastical and of External Order and Worship is Radically and Equally in All So that the Lay-Elders and Deacons have as much the Power of the Keys as the Ministers To support this Jurisdiction they have their Four Sacred Orders which they challenge to be of Divine Right First Their Preaching Elders whom they call Ministers Secondly Doctors or University Professors Thirdly Lay or Ruling-Elders who have as much Authority in the Debate and Decision of Matters of Faith Worship Polity Ecclesiastical Censures as the Preaching-Elders Fourthly Deacons Take notice that their Lay-Elders and Deacons are Annual and Consequently one Year Sacred and Another Profane This Session meddles only with things Parochial as the Ordering of the Parish-Church and Peculiar Service the Censure of Lesser Scandals as Fornication Drunkenness Scolding Sabboth-breaking c. And in Difficult Cases they apply themselves to the Presbytery In their Censures they impose Civil Punishments and Fines they Emprison Offenders at pleasure Cart them through the Town set them in Pillories Shave one Half of their Heads Cut off their Beards Nay they take upon them by their own Authority to Banish whom they please out of the Bounds of the Parish which is a Direct Usurpation of Sovereign Power In Case of a Pecuniary Mulct inflicted or of a Child born in Fornication they will not allow the Infant to be Baptiz'd if either of the Parents have not paid the Fine or secur'd it or satisfi'd the Church The Presbytery is next and it is made up in some places of More in others of Fewer Parishes and the King himself is not Exempt from the Power and Jurisdiction of this Consistory nor in Effect from the Authority of the very Parochial Session living within the Precinct either of the One or of the Other This Judicatory is Compos'd of all the Parochial Ministers within its Compass and a Lay-Elder for Each Parish so that the Lay-Elders are Equal to the Preaching Elders both in Number and Power and a Botchers Vote goes as far under that Capacity in Divine Matters as the Voice of the most Reverend and Learned of the Clergy only a Lay-Elder cannot properly be a Moderatour tho' in several Cases they have dispens'd with that Scruple This Court takes Cognizance First Of what is Referr'd or Presented to them from every Individual Parish 2. Of all Capital Crimes and Scandals of the Highest Degree 3. Of such Offences as fall under the Censure of Excommunication 4. Of all Appeals from Sessions 5. Of all Differences that cannot be Compos'd or Determin'd in the Parochial Conclave 6. Of the Visitation and Censure of what 's amiss in Every Parish either in Preacher or Other 7. Of the appointing of Readers and School-masters They meet commonly once a Week or a Fortnight at which Meetings all the Ministers in their Turns Exercise as they call it in the expounding and applying of Texts of Scripture In these Exercises they have a sort of People which they call Expectants of such or such a Presbytery who are Licensed to Preach in any Parish-Church within its Bounds These Expectants have usually some smattering in Divinity as Country-School-Masters or the like and they are Authoriz'd to do all Ministerial Acts except Baptizing or Administring the Lord's Supper without Holy Orders Imposition of Hands or any Qualification for the Sacred Function There are more or fewer Presbyteries in a Country according to the Number of Parishes but all of them Independent One from Another If the King himself be Cited he must Appear or be Excommunicate for Contempt and submit his Earthly Scepter to their Scepter of Christ as they term it and from thence receive Christ's Laws and Ordinances As no Person is Exempt so neither is any Crime whatsoever that is either Committed or suspected to be Committed within the Limits of their Jurisdiction but they hook it in as scandalous to a Christian Profession A Provincial Synode is an Associate Body of the Commissioners chosen out of all the Individual Presbyteries within the Precinct of the Province they meet twice or thrice a year and Exercise an Over-ruling Power over all the Presbyteries within that Province in such manner

remove from Honour and Punish such as God has Condemn'd of what Estate Condition or Degree soever It is not Birth-Right only nor Nearness of Bloud that maketh a King Lawfully to Reign over a People professing Christ Jesus but Princes for Just Causes may be Depos'd Kings Princes and Governours have their Authority of the People and upon Occasion the People may take it away again Thus far Knox Now for Buchanan The People says he have the same Power over the King which He has over any One Man They are Better than the King and of Greater Authority and may bestow the Crown at Pleasure The making of Laws belongs to Them They may Arraign their Prince The Ministers may Excommunicate him and He that by Excommunication is cast into Hell is not worthy to Enjoy any Life upon Earth It were Good says he that Rewards were appointed by the People for such as should Kill Tyrants as there are for those that Kill Wolves or Bears or take their Whelps The Seizing and Emprisoning of King James in Aug. 1582. being Adjudg'd Treason by the Three Estates in Decemb. 18. 1583. and some of the Criminals Executed an Assembly of Ministers and Elders at Edinburgh in 1585. did not only Authorize and Avow the Action but also ordain'd all people to be Excommunicated that would not Subscribe to their Judgment And Andrew Melvil being Cited to Answer for Treason deliver'd in a Sermon declin'd the King's Authority Affirming that what was spoken in the Pulpit ought first to be try'd by the Presbytery and that neither King nor Council might in the first Instance meddle therewith although the Speech were Treasonable Upon King James his Coming to the Crown of England he order'd the Proroguing of the Assembly at Aberdeen which was to have met in 1604. to a longer day But thirteen or fourteen of them for all this met formally at the day appointed The Lords of Council discharg'd their Meeting Whereupon they Protested That in Conscience and in Duty to Almighty God they were bound to preserve the Churches Right and neither Could nor Would give way to that Power the King had Sacrilegiously Vsurp'd over it Hereupon they were Convented and Appeal'd from the King's Council to the next General Assembly I had almost forgotten the Determination of Wilcock and Knox who Positively gave their Judgments That it was Lawful to Depose the Queen Regent Whereupon she was solemnly Process'd Sentenc'd and Depriv'd The Positions of the Presbyterians under Queen Elizabeth THe Church sayes Cartwright wherein any Magistrate King or Emperour is a Member is Divided into some that are to Govern as Pastors Doctors and Elders and into such as are to Obey as Magistrates of all sorts and the People The Admonitour holds it sit That he and his Companions may be deliver'd by Act of Parliament from the Authority of the Civil Magistrates As Justices and Others from their Indictings and Finings Every Fault says Cartwright that tendeth either to the Hurt of a Man's Neighbour or to the Hindrance of the Glory of God is to be Examin'd and Dealt in by the Order of the Holy Church Nay the very Suspicion of Avarice Pride Superfluities in Meat or Clothing falls under their Lash All men says Goodman are bound to see the Laws of God kept and to Suppress and Resist Idolatry by Force Nor is it sufficient for Subjects not to Obey the Wicked Commands of Princes but they must Resist them and Deliver the Children of God out of the hands of their Enemies as we would deliver a Sheep that is in danger to be devour'd by a Wolf If the Magistrate shall refuse to put Mass-Mongers and false Preachers to Death the People in seeing it perform'd shew that Zeal of God which was commended in Phineas Subjects do promise Obedidience that the Magistrate might Help them which if he does not they are discharg'd of their Obedience If Magistrates without Fear transgress God's Laws themselves and Command others to do the like they are no more to be taken for Migistrates but to be Examin'd Accus'd Condemn'd and Punish'd as Private Transgressors Evil Princes ought by the Law of God to be Depos'd and Inferiour Magistrates ought chiefly to do it And now hear Gilby to the same Tune Kings Princes and Governours have their Authority of the People and upon Occasion the People may take it away again as men may revoke their Proxyes and Letters of Atturney It is Lawful sayes he to kill wicked Kings and Tyrants the Subjects did kill the Queen's Highness Athalia Jehu kill'd the Queens Majesty Jesabel Elias being no Magistrate kill'd the Queen's Majesty's Chaplains Baal's Priests These Examples are left for our Instruction where Justice is not Executed the State is most Corrupt If neither the Inferiour Magistrates says he nor the greatest part of the People will do their Offices in Punishing Deposing or Killing of Princes then the Ministers must Excommunicate such a King It would be Endless to follow these Instances as far as they would carry me so that I 'le back now again into Scotland and you will find them much of the same Opinion under Charles I. as they had been under his Royal Father The Positions of the Kirk under the Late King IN their Protestation of September 22. 1638. against the King's Declaration they say First That what Subjects do of their own heads is much better than what they do in Obedience to Authority the One Savouring of Constraint but the Other being Voluntary and Chearful Obedience Secondly That the Parliaments Power does no more reach to the Placing of Officers Originally in the Church than the Church has Power to make States-men in the Common-wealth Thirdly The Parliament can make no Law at all concerning the Church but only Ratifie what the Church Decrees And after it has Ratify'd it yet if the Assembly of the Church shall Prohibit it and Repeal that Decree of the Church all the Subjects are discharg'd from yielding Obedience to the Act of Parliament Fourthly The Assembly has Power to discharge all Subscriptions to the Confession of Faith commanded to be Subscrib'd by his Majesty and as it is Interpreted by Him or his Commissioner Fifthly The Assembly without the King is the Church and the only Judge Competent fit to Interpret and Explain all Doubts arising upon the Confession of Faith Commanded by his Majesty Sixthly Tho' the Law be Interpreted yet if the Interpretation be dislik'd by Most of the Kingdom the Body of the Kingdom for whose Good the Law was made may crave the lawful Redress of Grievances sustained by that Law Take Notice here that they had already Actually trangress'd the Law without staying for Leave and Justifi'd the Doing of it Seaventhly The Assembly is Independent either from King or Parliament in Matters Ecclesiastical Eighthly That the King is to Receive all the Determinations of an Assembly as a Son of the Church tho' they be not matters of Faith but only of Government and concluded by