Declarations are said to be Contrary to Law pag. 449. And all Officers are forbidden any way to Publish or to Proclaim the same The King's Commissions of Array are Declar'd July 20. to be against Law the Liberty and Property of the Subject And the Actors in it to be Esteem'd Disturbers of the Peace of the Kingdom pag. 478. And again pag. 576. All such Persons as shall upon any Pretence whatsoever Assist his Majesty in this War with Horse Arms Plate or Monies are declar'd Traytors to his Majesty the Parlialiament and the Kingdom and to be brought to condign Punishment The Poyson of their Artificial Delusions you will find Maliciously enough Defus'd in their Remonstrance of May the 26. 1642. pag. 263. And the Doctrine of That Declaration summ'd up with great Exactness in his Majesties Answer to it contracting the Venome of it into These Six Positions First That they have an Absolute Power of Declaring the Law And that whatsoever ever they declare to be so ought not to be question'd either by King or People so that all the Right and Safety of the Prince and Subject depends upon their Pleasure Secondly That no Presidents can be Limits to Bound their Proceedings which If so The Government of the Turk Himself is not so Arbitrary Thirdly That a Parliament may dispose of any thing wherein the King or Subject hath a Right for the Publique Good speaking all this While of the Remnant of the Two Houses That they without the King are This Parliament and Iudge of This Publique Good and that the King's Consent is not Necessary So that the Life and Liberty of the Subject and all the Good Laws made for their Security may be dispos'd of and Repeal'd by the Major Part of Both Houses at any time present and by any Wayes and Means Procured so to be and his Majesty has no Power to Protect them Fourthly That a Member of either House ought not to be troubled or meddled with for Treason Felony or any Other Crime without the Cause first brought before Them that they may judge of the Fact and their Leave obtained to Proceed Fifthly That the Sovereign Power resides in Both Houses of Parliament The King has no Negative Voice and becomes Subject to their Commands Lastly That the Levying of Forces against the Personal Commands of the King tho' accompany'd with his Presence is not Levying War against the King But to Levy War against his Laws and Authority which they have Power to Declare and Signifie is Levying War against the King And that Treason cannot be Committed against his Person otherwise than as he is Entrusted with the Kingdom and Discharging that Trust and that they have a Power to judge whether he discharges it or no. And to justifie their Usurpations they do maintain pag. 270. That the Kings of This Realm are Oblig'd to pass all such Bills as are Offer'd unto them by Both Houses of Parliament It would be superfluous to tell you of their Proclaiming Fasts and Assuming to themselves other Rights of Sovereignty under the specious Pretence of a Parliament But to shew you that it was All an Imposture If the King will not Agree the Two Houses they say may Act without him If the Two Houses Differ the Sovereignty rests in the House of Commons As in the Case of a Bill they sent up to the Lords for Directing a Protestation which they had Fram'd to be generally taken throughout England This Bill the Lords Rejected Whereupon the Commons pass'd this Vote That That House did conceive that the Protestation made by them is fit to be taken by every Person that is well Affected in Religion and to the Good of the Common-Wealth and therefore doth declare That what Person soever shall not take the Protestation is Vnfit to bear Office in the Church or Common-Wealth And so they order'd the Knights Citizens and Burgesses to send down to the several Places for which they serv'd Copies of that Vote of the House concerning the Protestation and that the Vote should be Printed They began with a Contempt of the Lords they Lay'd them quite Aside at last and in the Conclusion they Themselves were upon their Own Arguments Confounded by the Rabble You see the Dominion these People Challenge over their Master and it cannot be expected that they should give any better Quarter to their Fellow Subjects But it is Their Way of making Kings Glorious and Patronizing the Liberty of the People The Positions of the English-Covenanters as to the Liberty and Propriety of the Subject IN May 1641. they enter'd upon their Design with the Protestation above-mention'd in these Words I A. B. do in the Presence of Almighty God Promise Vow and Protest to Maintain and Defend as far as Lawfully I may with my Life Power and Estate the true Reformed Protestant Religion express'd in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realm contrary to the same Doctrine and according to the Duty of my Allegiance to his Majesties Royal Person Honour and Estate as also the Power and Privileges of Parliament the Lawful Rights and Liberties of the Subjects c. Here was First an Vsurpation in the Imposing of it and Secondly an Abominable Fraud in the Construction of it The Matter of it was so Plausible that it went down without much Enquiring into the Authority of it but upon the Commons declaring that the Doctrine of the Church of England had no Regard to the Maintaining of the Descipline and Government of it And Afterward that the Sovereignty was Virtually in the Two Houses and that by This Protestation they were Oblig'd to serve That Interest Mens Eyes came then to be Open'd and they saw their Errour For they were call'd upon according to their Solemn Vow and Protestation to Subscribe for Money and Plate pag. 340. and to Maintain Horse Horse-men and Arms for the Defence of the King and Both Houses of Parliament In York shire there was a Neutrality Propounded by some Persons of Eminent Condition in the County but the Lords and Commons Declar'd against it pag. 629. as a Contradiction to the Tye of their General Protestation And it went so high that they past a Vote Oct. 15. 42. That such Persons as shall not Contribute to the Charge of the Common-wealth in This Time of Imminent Necessity shall be held fit to be Disarm'd And the same day they Voted the Sequestring of Church-Lands Delinquents Estates and Revenues of the Crown They Order'd Victuals and other Necessaries for the Army to be taken up upon Publique Faith Nov. 29. 42. pag. 763. and where any thing was Refused to Force it And likewise they appointed a Committee of Six Citizens of London or any Four of them for the Assessing all such to the twenti'th Part of their Estates as had not contributed upon the Propositions of raising Money Plate Horse c. in Proportion to their Abilities The said Assessment to be
Lawful for Subjects to make a Covenant and Combination Without the King and to enter into a Bond of Mutual Defence Against the King and all Persons whatsoever tho' against several Acts of Parliament Tenthly It is Lawful for themselves sitting in an Assembly to Indict a New Assembly without the King's Consent Eleventhly If Subjects be convented before the King and Council for any Misdemeanour they may Appeal from the King and Council to the next General Assembly and Parliament if they think either the Glory of God or the Good of the Church concern'd in the Matter in Question Twelfthly They do not desire the King to Indict a General Assembly as needing his Authority but rather for his Honour and for the Countenance of their Proceedings Alledging that if the Prince shall omit to do his Duty the People from whom he had his Power Originally may Resume it Thirteenthly If the King's Voice shall be deny'd to any thing tho' never so Vnjust and Illegal that shall be carry'd by the Major part of the Assembly his Majesty is bound Jure Divino to enforce Obedience to to those Acts and the Counsellors or Iudges refusing to Execute shall be Excommunicate and depriv'd of their Places and Estates Fourteenthly An Assembly may Abrogate Acts of Parliament and discharge the Subject from Obeying them if they any way reflect upon the Business of the Church Fifteenthly The Protestation of the Subjects against Laws Establish'd either before the Iudges of the People or the People themselves who are born to be Iudg'd doth void all Obedience to those Laws without ever bringing of them to be discuss'd before a Competent Iudge Sixteenthly The Major part of the People may do any thing they say which they Themselves conceive Conducing to the Glory of God and the Good of the Church any Laws to the Contrary notwithstanding These Positions you will find in his Majesties Large Declaration concerning the Tumults in Scotland pag. 407. et Deinceps We shall now see how the Counterpart of this Confederacy behav'd it self in England And shew you the Doctrine and Principles of the Faction in the very Infancy of the Rebellion as appears out of their own Acts. See Husband 's Exact Collections Printed in London 1643. The Positions of the English-Covenanters and First In Case of the King's Authority AFter that the Faction had Extorted from his Late Majesty such Concessions as never any Prince granted before Himself And when they had Defam'd his Government and his Person and Poyson'd his People with Contemptuous and Scandalous Libels Upon March 2. 1641. They began to Vnmask and to discover to the World that their Design was not to Reform but to Govern and upon Pretence of Fearing an Invasion from Abroad took the Power of the Militia into their Own Hands at Home Resolving upon the Question p. 96. That the Kingdom be forthwith put into a Posture of Defence by the Authority of Both Houses This Vote was seconded by Another of March 15. pag. 112. That in Case of Extreme Danger and of his Majesties Refusal to give them the Power of the Militia the Ordinance agreed on by Both Houses for the Militia doth Oblige the People and ought to be Obey'd by the Fundamental Laws of this Kingdom His Majesty insisting upon the Illegality of This Proceeding Both Houses pass'd this following Vote March 16. That when the Lords and Commons in Parliament which is the Supreme Court of Iudicature in the Kingdom shall Declare what the Law of the Land is to have This not only Question'd and Controverted but Contradicted and a Command that it should not be Obey'd is a High Breach of the Privilege of Parliament pag. 114. Finding themselves Pinch'd upon this Point they fly to a Distinction betwixt the Letter and the Equity of all Laws pag. 150. There is say they in Laws an Equitable and a Literal Sense His Majesty is Entrusted by Law with the Militia but 't is for the Good and Preservation of the Republique against Foreign Invasions or Domestique Rebellions not that the Parliament would by Law Entrust the King with the Malitia against Themselves or the Common-wealth that Entrusts Them to provide for their Weal not for their Woe So that upon Certain Appèarance or Grounded Suspicion that the Letter of the Law shall be emprov'd against the Equity of it the Commander going against its Equity discharges the Commanded from Obedience to the Letter The Pretence of Defending the Government is now Advanc'd to the Reforming of it Apr. 9. 1642. The Lords and Commons do Declare That they intend a Due and Necessary Reformation of the Government and Liturgy of the Church pag. 135. Having already by Violence Encroach'd upon the Militia as against a Foreign Power the First Considerable Use that they make of it is to Employ it against his Majesties Authority and Person Before Hull and Pass'd Two Votes Apr. 28. in Justification of the Action Resolved c. That his Majesties declaring of Sir John Hotham Traytour being a Member of the House of Commons is a High Breach of the Privilege of Parliament And That without Process of Law it is against the Liberty of the Subject and against the Law of the Land Nay they Vote it May 17. To be against the Law of the Land and the Liberty of the Subject his Majesties Commanding of Skippon to attend him at York and The very Removing of the Term to York from Westminster sitting the Parliament they Vote to be Illegal and Order the Lord Keeper notwithstanding his Majesties Command not to Issue out any Writs or Seal any Proclamation for that Adjournment May 20. They Order also the Putting of all the Magazines in England and Wales into the Hands of Persons well Affected to the Parliament pag. 194. They find themselves now in Condition to Threaten the King and the Kingdom with Open War And pass upon the Question these Three following Votes First That it appears That the King Seduc'd by Wicked Counsel intends to make War against the Parliament who in all their Consultations and Actions have propos'd no other End unto themselves but the Care of his Kingdoms and the Performance of all Duty and Loyalty to his Person Secondly That whensoever the King maketh War upon the Parliament it is a Breach of the Trust reposed in Him by his People Contrary to his Oath and tending to the Dissolution of his Government Thirdly That whosoever shall Serve or Assist him in such Wars are Traytors by the Fundamental Laws of this Kingdom c. And Persuant to these Votes Iuly 12. they Resolve That an Army shall be forthwith Rais'd for the Safety of the King's Person Defence of Both Houses of Parliament and of Those who have Obey'd their Orders and Commands and preserving of the True Religion the Laws Liberty and Peace of the Kingdom pag. 457. All these Votes and Declarations they cause with all Solemnity to be Printed and Publish'd but at the same time his Majesties Proclamations and
Levy'd by Distress and Sale and in Case of Refusal the Parties to be Emprison'd pag. 767. With further Authority Feb. 3. 42. p. 777. to Break open any Chests Trunks Boxes Dores with Power to Seize such Chests with Money or Goods for the Satisfaction of the Sums Assess'd And the same Power Amplifi'd they granted to Commissioners for Levying of Money by a Weekly Assessment upon London and Westminster and every County and City in England and Wales the City of London being Rated the Weekly Sum of 10000 l. and Others in Proportion You have here from their own Publique Acts for I cite none of their Pamphlets a Breviate of the Powers they assumed to themselves over King and People And this so Early in the War too that the Faction was not as yet sure in the Saddle For This was all before 1643. You shall now see the Execution of these Arbitrary Principles by the Covenanters of Both Kingdoms in their Turns and you shall Confess that tho' the Rigours of the Kirk may serve as a Foil to any Other Tyranny the English have yet had the Honour to out-strip their Masters According to the Common Method of Innovatours their First Work was by Press and Pulpit to Defame the Government their Next was by Popular Artifice to stir up the Multitude by Tumults to Reform it and Lastly if they found their Party strong enough to Depend upon to Enter into a Confederacy and Set up for themselves This was the Course that Knox Willock and their Followers took in Scotland under the Queen Regent in 1555. and afterward under King Iames VI. And Cartwright with his Complices went the same way to Work also under Queen Elizabeth only the Conspiracy of Arthington Hacket Coppinger Wigginton c. was Discover'd and the Plot Disappointed But the Libels and Tumults in Scotland 1637. which led to that Impious Bond and Covenant in 1638. had better success See his Late Majesties Large Declaration upon That Subject And after their Pattern so had the Practices in England in 1641. when the Parliament was so Over-aw'd by Tumults that the Vote of the Two Houses was no other in Effect than the Sense of the Rabble in the Lobby It was but their Bawling for Justice upon the Noble Earl of Strafford their Crying down of Bishops and Popish Lords and the thing is Done The Riots were so Great that the Lords press'd the Commons at a Conference to Joyn with them in a Declaration for the Suppressing of them But it was Answer'd saying We must not Discourage our Friends This being a time we must make use of All our Friends God forbid says Mr. Pim that the House of Commons should proceed in any way to Dishearten People to obtain their just Desires in such a way Exact Collections pag. 532. The Kirk would have said that they did not know with what Spirit they were Over-Rul'd as they told King Iames in the Case of Gibson and Black for delivering Treason in the Pulpit The next thing that follow'd in Course was a Combination and That shall be the first Point we 'l handle in the Common Practices of the Party which in One Word amounts to no less than the Dissolution of a Legal and the Setting up of a Tyrannical Government The Practices and Usurpations of the Presbyterians upon the Civil Government TO be as Clear now in their Practices as I have been in their Positions you shall have as good Evidence for their Proceedings as you have had already for their Principles And I 'le begin with the Foundation of their Empire their Audacious and Mysterious Covenant Not with the Matter or the Design of it but only to shew you that Covenanting is the Method of the Party The First Covenant of Scotland bears Date Decemb. 3. 1557. at Edinburgh The Second at Perth May 31. 1559. The Third at Sterling Aug. 1. And a Fourth at Leith Apr. 27. 1560. They Enter'd also into Another Covenant at Ayr Sept. 4. 1562. which Knox calls a New Covenant In England 1583. they Subscrib'd their Discipline and Enter'd into a League both by Promise and Writing to do their Parts toward the Establishing of it In Scotland 1638. so soon as ever they had settled their Tables of Advice the First Act of those Tables was their Solemn Covenant And so likewise in England the Commons Impos'd a Protestation and then went on to Covenants and Othes without End Here 's an Vsurpation upon Sovereignty the very first step they set in the Exacting of an Oth without due Authority beside that all Leagues of Subjects among themselves are in the Eye of the Law no better than Seditious Conspiracies Wee 'l come now to the Pretence of these Covenants which is only an Artifice of Inveigling the Silly People into a Confederacy against the Government under the Notion of Promoting the Common Good The End of the First Scottish Covenant above-mention'd at Edinburgh is said to be the Defence of Christs Gospel and his Congregation and of every Member of it against all Opposers to the Death The Second at Perth goes further and Extends to all Persons that shall trouble them upon what Pretence soever In the Third at Sterling they bind themselves from any Correspondence with the Queen either by Word or Writing In their Fourth at Leith they Covenant a Direct Revolt and the reducing of all men by Force that are not of their Opinion In their Last Bond at Ayr they declare against all men as Enemies that shall not submit to their Government And upon the Whole Matter they Found all their subsequent Proceedings upon the Obligation of the First Covenant for the Defence of Christ's Gospel The Pretext of the Scottish Covenant in 1638. was the Defence of the King's Majesty his Person and Authority in the Defence and Preservation of the True Religion Liberties and Laws of the Kingdom As also the Mutual Defence one of another against all sorts of Persons whatsoever And the English Protestation of 1641. looks the very same way viz. for the Maintenance of the Doctrine of the Church of England the Power and Privileges of the Parliament and Liberty of the Subject And what 's the very Title of their Solemn League and Covenant in 1643. but Reformation and Defence of Religion the Honour and Happiness of the King the Peace and Safety of the Three Kingdoms So soon as ever they had by these specious Appearances decoy'd an Inconsiderate Part of the Nation into the Net they Emprov'd the Fraud by Expounding upon all their Bonds and Covenants quite Contrary to the Common Intent and Acceptation of the same And made way thereby to the Destruction of all those Interests which the People thought they had Sworn to Preserve But the Subject was so hamper'd betwixt the Dread of the Othe among those that did not understand the Nullity of the Obligation and the Forfeiture of Life Fortune and Estate if they should not persue it according to the Oraculous
presses the Two Houses to a Speedy Establishment of the Presbytery And here again no Mention of his Majesty But what 's the Sum now of these Propostions that stand in Competition with the Kings Freedome Life and Dignity First Only the Iustifying and Confirming of all they had done Secondly The giving away of the Militia of England and Ireland for Twenty Years with Power to Raise Men and Money Thirdly His Majesty must Swear and Sign the Covenant Impose it upon the Three Kingdomes Abolish Episcopacy and settle Religion as Both Houses shall Agree Fourthly All Honours since 1642. must be made Null and Void No Peers admitted in Parliament for the Future but by Consent of the Two Houses Fifthly All Great Places and Offices of Honour in England and Ireland to be Dispos'd of by Consent of Parliament and in Fine his Majesty must deliver to Death Beggery and Scorn all that ever Serv'd him Thus was this Glorious Prince Betray'd and Sold according to the COVENANT Here 's the True English of it and the Divinity of that Moloch to which this Nation has offer'd up so many Noble Sacrifices Are not our Fundamental Laws Persons Consciences and Estates Secure and Happy under the Care and Wing of such Blessed Guardians How meanly have we Prostituted the Reverence of the Land and of the Government to the Lusts of these Imperious Shameless Ravishers Take Notice here of some of the Kirks following Resolves upon the Main Point in Question First That the Kings Taking of the Scotch Covenant and Passing Some of the Propositions does not Warrant Scotland to Assist him against England Secondly That upon bare Taking the National Covenant they may not Receive him Thirdly That the Clause in the Covenant for Defence of the Kings Person is to be understood In Defence and Safety of the Kingdom Fourthly That his Majesty shall Execute no Power in Scotland without satisfying every Point Fifthly That Refusing the Propositions he shall be dispos'd of according to the Covenant and the Treaties Nor would the Two Houses Probably have Us'd him any better if he had gone to Them For upon his First withdrawing himself they Voted it Treason 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 4th of May and on the 6th the Commons Voted him to Warwick Castle which was Unvoted again upon the 9th and in Iune they Voted the Kings going to the Scots a Design to prolongue the War Let me not appear to Confound the Faction of Scotland with the Nation for no Country affords greater Instances of Integrity and Honour Nay I have heard it from good Authority that the Kings going into Scotland which he most earnestly desir'd was carry'd in the Negative only by Two Voyces His Majesty is now under the Care of his New Governours and a Prisoner to the Covenanters at Holdenby where he desir'd only Two of his Chaplains that had not taken the Covenant and Then a Common-Prayer Book for his own Private Use but Neither could be Granted him At the Isle of Wight the same Faction had the handling of him again where they still Treated his Majesty much at the same Rate And they Us'd his Royal Successour not much better in 1650. When to Auspicate the Project for the Recovery of his Crown in the very Dependence of a Treaty at Breda with him upon the Instigation of the Kirk they Murther'd the Brave and Generous Montross with the most horrid Circumstances of Malice Imaginable And how they Us'd the King himself afterward at his Coming among them I am not willing to mention Nay when the Time appointed by Gods Providence was come for the Restoring of the King the Presbyterian Ministers in London Publish'd a kind of Squinting Gratulation upon That Occasion as if Popery were coming in with his Majesty for Company And the same Party upon the Re-Admission of the Secluded Members press'd upon the House of Commons these Two following Votes for the Justification of the Rebellion in 1641. and in order to the Exclusion of the Royal Party from the next Choice 1. I do Acknowledge and Declare that the War undertaken by Both Houses of Parliament in their Defence against the Forces rais'd in the Name of the Late King was Iust and Lawful and that Magistracy and Ministry are the Ordinances of God 2. Resolv'd that All and Every Person who have Advised or Voluntarily Aided Abetted Assisted in any War against the Parliament since the First day of Jan. 1641. His or Their Sons unless He or They have since manifested their Good Affections to This Parliament shall be Vncapable to be Elected to serve as Members of the next Parliament So that as their Feud against Kings is Implacable their Aversion likewise to all those that Love their Prince descends from Generation to Generation How Inconsistent Presbytery is with Monarchy is sufficiently manifest But they 'l say for themselves that Kings may be Misled and that it is not the Form of Government that is Grievous to Them but the Male-Administration of it To which it may be Reply'd That All Governours under what Form soever are to Them Alike where they themselves are not Vppermost And that the Reformation of Personal Failings will not do their Business without the Total Subversion of all those wholesome and Profitable Laws that stand in the Way of their Discipline It being their Custome to Reproach Princes and their Ministers for straining the Prerogative while they Themselves at the same time Usurp over Kings Parliaments and People And Trample under their Feet All that is Sacred in Society and Government Princes 't is true may have their Errours and their Passions but what have the Innocent Laws done Are They Popishly Affected too But where ever Presbytery reigns there can be no Law but their own Will. Did they not in Scotland Damn Bishops as Anti-Christian and Deprive Ecclesiastiques of their Voyces in Parliament Convention and Council notwithstanding Three Acts of Parliament that is to say of 1584. 1597. and 1606. expresly to the Contrary And did they not pronounce the Acts of the Assemblies of Glasgow and Perth to be Void and Illegal tho' Enacted as Municipal Laws Ask them now says his Late Majesty Large Declaration Pag. 416. by what Authority they do these things expresly against Acts of Parliament Acts of Council and Acts of General Assemblies They Answer that Those Acts of Assembly were unduely Obtain'd and that now they have Rescinded them For Acts of Parliament and Acts of Council they Express great Wonder that any man should Question their Authority over Them For if Christ be above the King Christ Council must likewise be Supreme Parliaments being only the Council of the Kingdom And for the Kings Privy Council and Iudges they must submit to the Councellours and Iudges under Christ who is the King of Kings Nor is it all that