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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	judge_n	king_n	power_n	3,562	5	5.1146	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67901	A review of the Covenant, wherein the originall, grounds, means, matter, and ends of it are examined: and out of the principles of the remonstrances, declarations, votes, orders, and ordinances of the prime covenanteers, or the firmer grounds of Scripture, law, and reason, disproved.	Langbaine, Gerard, 1609-1658.	1645 (1645)	Wing L371; ESTC R210023	90,934	119

for any Borough For any of these may freely Vote in the passing of any Billes and when there is an equality of Suffrages in the rest of the Members his single voyce may carry it and make that Bill a Law or no Law But the King must not meddle in election of Members he must not take notice of any Bill till it be brought unto him for his assent and in case he refuse it must be a Law without him Witnesse the Ordinance for the Militia f and that for Tunnage and Poundage besides infinite others to which his consent was never so much as asked yet are they put in execution with rigour answerable to their power 2. The King has a just power as to divers other purposes so g to passe Acts of Parliament by his Great Seale In diminution of this power they have declared against his forced absence from Westminster as illegall and made an Ordinance that all things passed by him under that Seale shall be void 3. The Kings just power in declaring Law has been formerly so great that his Letters have been taken for sufficient Warrants and directions to the Iudges to proceed by and his h Proclamations to severall purposes of no lesse force than Acts of Parliament But now that power is wholly i protested against as illegall and protection is promised to all such as shall oppose it Yet the ground of it declared in the preface to that Act 31. Hen. 8. is still the same The Supremity of the Regall Power given by God and the reason of the k Repeale is quite ceased which was a willingnesse in the King to gratifie his People and upon trust that they would not abuse the same but rather be encouraged with more faithfulnesse and diligence to serve his Highnesse 4. The Kings power in executing Law ●ath been alwayes conspicuous and undeniedly just in granting out Commissions of Oyer and Terminer for the holding of Assises l and in adjourning the Terme to what place he should thinke fit a power as anciently due so of late acknowledged in an Act made this Parliament for the abbreviation of Michaelmas Terme Yet have the Covenanteers m forbid any Assises to be kept they have voted the Kings removall of the Terme to be against Law and promised to keep indemnified all Iudges and others that shall disobey his Majesties Proclamations in that behalfe 5. The power of making Iustices of Peace is so entirely the Kings by n Law that it depends wholly upon his pleasure and will Yet would the Covenanteers diminish his power for they o require that such may be put out of Commission as they desire and such put in as were removed without their consent 6. The power of pardoning is so inseparably and absolutely the Right of the Crowne that the p Law estates it wholly and solely upon the King And it is not long since the Covenanteers did q confesse as much Yet is nothing more frequent in their Ordinances than to promise protection for the time to come and impunity for the time past And does not their Covenant vow the punishment of all Delinquents without any hope of pardon from his Majesty or themselves 7. The Kings power over his Household and the choice of his Officers is so just and reasonable that they have not stucke to r acknowledge it an undoubted Prerogative to dispose of preferments in his own Family Yet next to the robbing of the Church nothing is more aimed at than to robbe his Majesty of this piece of Soveraignty to get the disposall of his Servants and marriage of his Children into their hands as the nineteen Propositions first informed us and their actions since abundantly confirme 8. The Law hath placed in the Kings Person a power to protect all other persons as s themselves confesse in terminis and to desire him to part with this power is such a supposition as cannot fall upon a Parliament Yet has it been long and still is their utmost endeavour to devest his Person of that power by excluding him out of the exercise of the Militia to deprive him of all those meanes whereby he should protect both himselfe and others by declaring his t personall Commands of what nature soever to be of no force and by putting such a u distinction betwixt his Person and his Office as under colour of defending this exposeth that to the vilest attempts that any Traitour can plot or any Assassine commit 9. That Supremacy of Power which the Law placeth in the King * over all States as well as over all particular persons which all the Subjects of this Realme and the Members of Parliament more particularly are bound by Oath to acknowledge and maintain which they grant to be due unto him when they desire him x to protect them in their priviledges and challenge such protection as due from him when they make all their addresses unto him by way of Petition and stile him constantly in their Acts their onely Soveraigne Lord Yet the Covenanteers endeavour to disseise him of this supreme power some by making the Houses coordinate with him others by making him subordinate to them and upon that ground justifying their taking up Armes against him 10. Lastly though the power of calling and dissolving Parliaments as well as the appointment of the time and place hath ever y belonged to the Kings of this Realme yet is this z denied to be any Prerogative and advantage taken from a late Act contrary to the Kings intention and the Kingdomes expectation contrary to the equitable meaning of that very Statute contrary to the promise of the Authours to the inestimable prejudice of his Majesty and the great griefe of his Subjects who are hereby deprived of the benefit of all other good Lawes and more particularly of that for the frequency of Parliaments First it is undoubted neither King nor Kingdome ever thought to have seen the sad effects of that Act for continuance of this Parliament which they now feele Secondly the Act it selfe though it be not limited to any determinate time is in its own nature but temporary It was made for a transient cause that the Houses might finde credit for the raising of such money as was then necessarily to be advanced a as accordingly they did And that rule in the Civill Law Cessante causâ cessat Lex the Lords and Commons have b declared to hold good in Acts of Parliaments thence concluding that Act 5. Hen. 4. for the Commission of Array to have expired with the cause of it though it were never repealed Thirdly they did promise c that the gracious favour of his Majesty expressed in that Bill should not encourage them to do any thing which otherwise had not been fit to have been done They having failed in the performance of that trust whether is not his Majesty in equity free from that restraint

to the Bishops and Clergy being not a publique but a particular one he cannot salvo juramento without their consent give way to the making of any new Law in derogation of their Liberties which he has sworne to defend The subject of the legislative power in any State though by reason of the Supreme jus dominii over the persons and goods of all the Subjects he be above Law yet will not that make him above his own Oaths and promises to particular persons For a Law gives a right against the Law-givers onely so long as it is a Law that is no longer than till it please them to repeale it But a promise or Oath made to another gives a right against him that made it as long as the Creditour pleaseth Were it not thus the publique Faith passed by the King and Parliament were of lesse value than any private mans bond they might void it when they please all promise of pardons granted to Rebells or other Delinquents might be rescinded and no security could be had by them The reason I conceive to be this the King here and whosoever in other places is the subject of Supreme Power though they be originally free from any engagement to inferiour Subjects yet if they will they may in some things bring a restraint upon their absolute Supremacy Vnusquisque potest cedere jure suo as well for the advantage of particular persons of their own Dominions as to Princes or People of another Nation Which if they do their own act shall binde them in justice if it were but a ba●e promise but in Religion and Conscience if it be confirmed by an Oath deliberately taken and the matter it selfe be not unlawfull For this superaddes a religious band unto God from which they can neither free themselves nor any other absolve them unlesse those in behalfe of whom it was taken do release their interest If this were not so no Oath could be binding unto them I wil not deny but sometimes there may be just occasion for a King or State to make use of their Supreme Power to the present prejudice of particular persons as in case of Invasion to destroy a private mans goods that they may not come into the enemies hands but then I suppose they are bound in conscience and equity to make him reparation out of the Common-wealth for his private losses deducting so much as he for his part should be liable to bear in the publique charges Which if they shall refuse to do and will use their summum ius to another mans injury there is no remedy in foro humano but they must answer for their injustice at a higher Tribunal Here is now the case of our English Clergy the Bishops Deanes and Chapters c. have not onely a present personall estate in their Baronies and other Temporalties as good in Law as any freeholder in the Land but the Body of the Clergy have a perpetuall Right in succession both which his Majesty hath by many reiterated d Protestations vowed to maintain and by the solemne e Oath at his Coronation which has been so often pressed to other purposes sworne to keep the Lawes Customes and Franchises granted to the Clergy to preserve and maintain to the Bishops and Churches committed to their charge all Canonicall Priviledges and due Law and Iustice and to be their Protectour and Defender to his power as every good King in his Kingdome in right ought to protect and defend the Bishops and Churches under their Government After the solemne emission of all which Oaths and Protestations as it were a great sin if his Majesty upon temporall ends or by-respects without any offence of the Clergy should put their persons out of his protection much more if he should cancell all their ancient Rights and alienate their meanes the thought whereof his righteous soul● abhorres So they cannot be excused from the guilt of perjury who either by sly insinuations shall go about to incline or by armed force labour to compell him to the breach of his Oath The former may be the practice of evill Counsellours the latter is the Designe of these Covenanteers I will not define which are more inexcusable their ends may be the same the maine difference is in the meanes and this it is these would extort injustice from their Soveraigne those would perswade him to it and so by making him lesse unwilling would make him more guilty if the God of Heaven in whose hands are the hearts of Kings do not as hitherto he has done strengthen him with sufficient grace against the subtilty of the one as with power against the violence of the other VII If all the particulars in the second Article were indeed criminall yet they ought not to receive equall punishment much lesse ought all persons without respect whether truly or supposedly guilty of them be as is here vowed in like manner extirpate Nature hath made a difference in crimes Religion and Law admits of a distinction betwixt persons but this Oath confounds all Divines were wont to distinguish of Papists betwixt Seducers and Seduced Heretiques and their adherents those the Lawes have sentenced to death but allotted to these a milder animadversion as of whom it may be true which Salvian spoke of some Arians affectu piae opinionis errant But from these rigid Covenanteers a seduced Lady must expect no more mercy than a professed Iesuite Nay the King himselfe if he be but prelatically affected must look for no better measure By their own confession his Person is in danger If we look backe upon what passed betwixt his Majesty and the two Houses upon that occasion we shall finde them thus reasoning against his going into Ireland f If your Maiesty shall go you will very much endanger the safety of your Royall Person Which will be subiect not onely to the casualty of warre but to secret practices and conspiracies especially your Maiesty continuing your Profession to maintain the Protestant Religion which the Papists are generally bound by their Covenant to extirpate Now then his Majesty continuing his profession to maintain Episcopacy which these men are generally bound by their Covenant to extirpate shall not his Sacred Person by the same consequence be subject to the like practices from them who have added this clause more than the Papists had in their Covenant to extirpate all without respect of persons The consequent hereof is a thing in it selfe so horrid and injust that the sober Writers against Monarchy have not been ashamed to professe that be the crimes of Kings never so profane yet their persons ought to be sacred not to be violate not to be touched And some of the most active well-willers to the Cause have granted thus much truth to us that difference in Religion makes no difference in the Right of Kings The Lord g Brook professeth he is not of their judgement who say None that are without the pale of the Church

Churches patrimony p. 68. VI Their illegall forcing the King to go against his Oath legally taken at his Coronation p. 72. VII Their swearing to have no respect of persons in their Extirpations p. 75. VIII Their allowing their Iudges to punish Malignants as they shall thinke convenient though their offences do not so deserve CHAP. X. That the Covenant is repugnant to those generall Ends for which it is pretended to be taken p. 78. As being I. Contrary to the Glory of God II. Destructive to the Protestant Religion and serving rather to advance Popery III. Derogatory to the Kings Honour p. 80. IV. Preiudiciall to the Liberties of the Kingdomes as taken for the upholding of their power by whom all publike Liberty is already destroyed V. Inconsistent with the Peace of the Kingdomes as tending immediately to nothing but Warre with others and not likely to end in Peace amongst themselves CHAP. XI That the particular Ends of the severall Articles are likewise inconsistent with the matter of them p. 87. As I. A violent Reformation with the Growth of Religion II. A violent Extirpation of what is not sin with the clearing of the Extirpers from sin III. Their swearing absolutely to preserve the power of Parliaments but the Kings Person and Authority with reservation for this End that the world may judge of their loyalty and how they have no intentions to diminish his iust Power Here the world is in part informed wherein the Kings iust Power consists As 1. In making p. 88. of Law 2. In making p. 88. of Law 3. In declaring p. 89. of Law 4● In executing 5. In appointing Iustices 6. In pardoning offenders p. 90. 7. In disposing of preferments 8. In protecting his Subiects 9. In Supremacy over all Estates 10. In calling adiourning proroguing dissolving of Parliaments p. 91. And how all these Powers are actually diminished if not destroyed by the Covenanteers In treating of the last particular the equity and so the validity of the late Act Against the Dissolution of this present Parliament is ventilated CHAP. XII The true End of framing and enjoyning this Covenant The bringing in of the Sco●s absolutely unlawfull p. 96. I. In respect of the English inv●●ing p. 97. II. In respect of the Sco●s comming Where the three pretended Reasons of their Invasion are debated viz. 1. The g●●d ●f Religion in England p. 98. 2. The 〈◊〉 of their native King p 99. 3. The rescuing this Kingdome from destruction p. 100. III. Their many former Oaths and Protestations to the contrary● CHAP. XIII From these premises the Covenant is concluded unlawfull in respect of the Forme p. 104. Errata Page Line For Reade 3 18 left last 6 3 desciverant desciver●nt 7 2 and or 8 34 abjected abjured 10 13 Passan Passa● 14 35 convented convened ib. 37 knew know 21 21 interferre interfere 23 33 Assembly that Assembly of that 25 6 bulke balke 29 6 to English to the English ib. 20 our one 31 29 must might 37 31 considered considerable Those Quotations which occurre out of the Remonstrances or Declarations of Parliament are taken out of that Exact Collection printed for Edward Husbands and published by speciall Order of the House of Commons made Martii 24. 1642. which is here usually pointed at the most compendious way by these Characters A Review of the Covenant CHAP. I. By what meanes the Covenanteers were reduced to the necessity of entering into this Combination confessed to be their last Refuge WHen the danger is once over to reflect upon the many miseries they have undergone may haply afford some small comfort to such as shall escape but so long as we groane under the present distempers and can discerne no probable end of our sufferings but with our selves it is but a sad contemplation to look back upon our former Peace and enquire by what sleights we were fooled out of so happy a condition He that found the poor man ready to perish in the bottome of the pit and was more inquisitive how he fell in then sollicitous to use meanes how to help him out expressed a greater measure of curiosity then Charity It shall therefore be my chiefest endeavour to rescue if I may the many seduced Scules out of that pit of Destruction into which they are already plunged The danger of those courses that led them thither was wisely foreseene a and timely foretold by His Majesty but urgentibus Imperium fatis salutares Dei atque hominum admonitiones spernuntur If the Contrivers of these great Tropicks in Church and State had at first {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} acquainted us with their designes we should have been affraid to owne and ashamed to abet them No question but what comes last in execution was first in their intention The subversion of Government as well Civill as Ecclesiasticall was the prime aime of those Architects of State who were to erect their private greatnesse upon the publique Ruines For whom it had been in vaine to strike immediatly at the face of Majesty or talke of pulling up Root and Branch the first day At the beginning of our Parliament it was with the common People of this Land as once with the Roman Souldier Miles longo Caesarum Sacramento imbutus ad destituendum Imperatorem arte magis impulsu quàm suo ingenio traductus The tye of Allegiance which had been ever held sacred and the many blessings of a long Peace enjoyed under His Majesty and His Royall Father would not without the help of Arts and Industry suffer them to make a suddaine defection from their Loyalty Their nature therefore fatally inclined to change must be cunningly wrought upon by an odious representation and malitious aggravation of some past grievances their dull restive Spirits must be conjured up by those two vulgar Charmes Religion and Liberty they are commanded to beleeve this is destroyed and that endangered So to bring them out of love with their present condition and make them venture a certaine happinesse for uncertaine hopes By what degrees they were disciplined and broken to a perfect Rebellion I forbeare to rehearse But if the Covenanting Members yet remaining at Westminster of whom onely I desire to be understood through this discourse be the same men that managed the Cause from the beginning and were the true Authors of all those Declarations and Remonstrances fathered upon one or both Houses of Parliament I crave leave once more to put the Kingdome in mind of what they were told before b how they had brought their worke to such a height and degree of successe that nothing seemed to be left in their way able to hinder the full accomplishment of their desires unlesse God in his Iustice should send a grievous curse upon them When we lay this profession of theirs in the ballance with His Majesties Answer to that very Declaratîon c where he desired his actions might no longer prosper then they were direct●d to

have right to any thing here below but clearly conceives a heathen Emperour may be as lawfull a Monarch as any Christian Prince And I shall sub●ect this reason to it because Temporall Dominion respects men as they are men in a civill politique capacity not as they are Christians Papists Protestants of this or that Religion We need not fetch precedents from forreigne Countries the approved practice of our own Kingdome will confirme us in this Truth After the death of Edward the sixth when the Protestants could see nothing in Qu●en Mary but what threatned ruine to their persons and if it were in her power to their Religion too yet they never questioned her right of succession to the Crown because she was a Papist Nor did the Papists upon that ground oppose against Queen Elizabeth in the first Parliament of her Reigne If it be needfull to adde any examples from Scripture we shall there reade that divers Kings of Israel were Idolaters h Solomon Am●ziah Manasseh Amon and though the i Law was punctuall that Idolaters should be put to death yet we shall never finde that either the People did or the Prophets exhorted them to attempt any thing against the Persons or to withdraw their Allegeance from the Government of those idolatrous Kings This present Oath then is in that particular injust because it provides not for the safety but implicitly vowes the destruction of his Majesties Person in case he be thought obnoxious to Popery Prelacy Superstition Heresie Schisme or Profanenesse all which the Covenanteers sweare to extirpate without respect of persons VIII Those Malignants or evill Instruments whether truly so called or falsely suspected must all be brought to their triall and receive punishment as the degree of their offences shall require or deserve or the Supreme Iudicatoryes of both Kingdomes or others having power from them for that effect shall iudge convenient So as though the supposed offence of a Malignant do not deserve to be punished with confiscation of his Estate with death or bands yet if it require it or if the Supreme Iudicatory what that meanes I do not question nay if any inferiour Iudge delegate from thence shall thinke it convenient be the crime what it will never so small never so great be the Law for punishment of it never so expresse all this is not considerable these Iudges are not tied to any rules of Law but convenience If they thinke fit the killing of a thousand men shall be lesse capitall than the cutting off a dogges necke Treasonable words against a worthy Member shall be severely punished but against the King they shall passe unreproved What though there be lesse justice there is more convenience in the killing and sl●ying all such as are made Delinquents by Vote then in discouraging such as are Traitour● by Law For any Iudicatory to arrogate a power of punishing offenders meerly as they shall judge convenient and condemning them because they will though the degree of the offence do not so deserve is most tyrannicall and injust and to delegate such a power to others as they cannot challenge to themselves is to propagate injustice for convenience sake In this Covenant such a power is pretended to be due to some and deriveable upon others and all the arbitrary exorbitant sentences which either those supreme or these delegate Iudges shall thinke fit to passe all the Covenanteers sweare to endeavour CHAP. X. That the Covenant is repugnant to those generall ends for which it is pretended to be taken HAving dispatched the Efficient and Materiall we proceed to examine the Finall Causes of the Covenant which are set down in the Title and Preface to it they are we confesse very good in themselves but such is the nature of the Covenant that the taking or observing of it is either inconducing to or utterly inconsistent with those proposed Ends and therefore unlawfull I. The first maine End is pretended to be here what in Truth should be the supreme End of all humane actions The glory of God However some seduced Zelots may have an actuall intention of referring this their Oath to that End yet the thing in it self being incapeable of any such relation there cannot be a greater profanation of Gods Ordinance or indignity offered to his Honour than the abusing of his Name to unlawfull acts Uti Deo ut fruamur mundo They who least reckon of his glory are most ready to make use of that pretence All the Popes Bulls thundered out against Princes did ever begin as this Covenant doth with a Nomine Domini Having before our eyes the glory of God There is nothing more certaine then that the sinfull devices of men do not conduce to the glory of God II. The next generall End is said to be Religion pure Religion a common cloake for Rebellion in all age Saepius olim Religio peperit scelerosa atque impia facta The Sicilian Vespers the Massacre at Paris the Gun-powder Treason were all forsooth pretended to be for the advancement of the Kingdome of Christ for the Reformation and Defence of Religion By which I suppose the Covenanteers understand the true Protestant Religion in opposition to Popery Yet I am confident this course of theirs tends more to the advancement than extirpation not onely of Popery properly so called of that Pope which every man has in his own belly but even of Romish Popery and serve● rather to confirme that Antichrist in his Throne then any way to weaken his force I am quite of another minde then a M. Henderson had the Pope of Rome knowne what was done that day when he made his Speech at Westminster it would have made his heart dance for joy to see the Protestants mutually vowing the destruction and extirpation of one another Hoc Ithacus velit This is not the way to unite our selves against the Common Enemies b who are the better enabled by our Divisions to destroy us all When Beares and Lyons goe together by the eares it is victory to the sheepheard if both be destroyed We are now doing that of our owne accord which the Pope with all his arts and industry could never bring about He prayes for the continuance of our Warres as the establishment of his peace with that old Roman Maneat quaes● duretque gentibus si non amor nostri at ●erte odium sui Quando urgentibus Imperii fatis nihil jam presta●e fortuna maj●● potest quàm hostium discordiam They who in cold bloud pronounced the peace and quiet of this Kingdome to be the c onely visible meanes under God to preserve the Protestant Religion if ●hey now sweare no peace but utter extirpation Iurata nepotibus arma sure the care of Religion is the least thing that troubles them This then is one meanes whereby the Covenant advanceth Popery confessed and visible our distractions amongst our selves there is a second more close which I doubt the Iesuites and other Emissaries

to the maintaining of an unnaturall Warre in the bowels of England The Covenanting Committees have committed more rapes upon the common Liberty in one yeare than all the Courts of Star-chamber and High Commission from their first Erection Iudges have been taken off the Bench by armed men and sent to Prison for refusing to do against their Oaths and conscience as Iudge Mallet Others have been so awed that they durst not do their duty and the better to hold a rod over them they have been impeached and committed for High Treason yet brought to sit upon the Bench again before any Triall or Sentence of Absolution as Iudge Bartlet Commands have been sent to prohibit their proceedings in severall particular cases Iustices and Iurors have been superseded from enquiring upon Routs and Tumults and the common Iustice of the Kingdome hath been obstructed by Ordinances prohibiting the holding of Assises notwithstanding the Generall Protestation for the free course of justice New Oaths are enforced upon the Subject without Law The usuall course of pricking Sheriffes not observed but mock-Sheriffes appointed by a new forged Broad Seale Master White and his assistants triumph in the Suspension Sequestration or Deprivation of many painfull learned and pious Ministers Many noble Personages and other Patriots are Parliament-men in name but the Power and Authority is wholly devolved upon a few whose resolutions and determinations if they be brought at all are onely brought into the House for countenance and execution not for debate and deliberation All military charges encreased and exercised Souldiers against their will daily pressed by Ordinance contrary to an Act made this Parliament Are we any whit the more secured in our persons or estates so long as the root of all these evils is not truly taken away but onely transplanted Which was acknowledged to be the Arbitrary Power formerly pretended to be in his Majesty but now usurped by the Covenanteers of taxing the Subiects without consent by Act of Parliament If the blow be the same it smarts as sore whatever hand inflict it To change our masters is not to be free If they truly confessed in the case of Hull it were in them an Act of high iniustice should they destroy mens properties when we see them daily do it must we call it therefore just They have urged against the King what holds strongest against themselves k If by Law they might charge the Subiect for defence of the Kingdome in time of danger they were ill advised that desired aide of the Subiect in such times and engaged themselves as we know they have done without a salvo jure for repayment Admitting it should be so that without this power of imposing Contributions it were impossible to defend the people it followes not that therefore they may impose such Contributions l If M. Pym's excuse be yet authentique the same Law that enables them to raise Force● for defence of the Kingdome enables them to impose Taxes for maintaining them otherwise that power were vaine and uselesse it will serve the King in good stead he it is who is entrusted with the power of defending the Kingdome he to whom the two Houses themselves sue for protection he to whom they confesse m All mens persons lands and monies are subiect for the publique good V. The last generall End of the Covenant is Peace it is true● the chiefe Covenanteers did once professe their detestation of a Civill Warre n If it might be avoided without alteration of Religion which they conceived to be the main End of their Enemies and such as would draw with it l●sse of Liberty and subversion of Law This now appeares to be their own main End for what else is intended by their Oath for Reformation of Doctrine and extirpation of the Government in our Church What was it that altered the Popish Religion into Protestantisme but Reformation And do not these aime at a greater alteration both in Doctrine Discipline Government and Worship than ever the Papists went about If they had been cordially affected to Peace we had never been driven to these sad extremities of war They might have had it before the Sword was drawn or a blow struck no new Religion was pressed upon them no Law denied which might conduce to the publique safety Since the warre begun severall Treaties for accommodation have been proffered to them the most rejected others made fruitles by them But if war be the onely meanes to procure Peace if weakening and impoverishing the Kingdome be the way to preserve it what hopes have we but in desperation May they not yet have Peace if they will embrace it with the same Religion the same old Lawes A gracious pardon is freely offered to all that will accept it The happinesse of a blessed peace concluded between the two Nations what hinders the continuance of it Extirpation of Church Government was no condition of that Pacification Certainly then these destructive wayes of the Covenanteers do not lead immediately to it but are they likely to end in Peace Yes when they have extirpated all opposers Vbi solitudinem fecerint pacem appellant Yet I doubt of that too The chance of Warre is uncertain they could not bring their ends about when they had more strength and lesse opposition which if they shall ever do they must know that Lawes made by the Sword are but short-lived they will be unmade so too Doe they hope so throughly to root up the Royall Vine and spoile the Branches that there will not be left {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} so much as to powre upon the Goates hornes There will never be wanting a Title to the Crown and justice or compassion or faction at home will finde and interest abroad will lend a sword to defend it Besides it will aske some time to extirpate Popery Prelacy Delinquents Malignants c. who being all declared Traitours and by this Covenant devoted to destruction sure they will sell their lives as deare as they can they can expect no worse by fighting than they must undergo by submitting it is more honourable to die by the sword than by the halter Moriendum victis moriendum deditis id solum refert novissimum spiritum per ludibrium contumelias effundant an per virtutem But say the Covenanteers should at last be masters of their most improbous desires the Kingdome by that time will be so exhausted of men and money and other necessaries by a long Warre and the consequents of it Plague Famine and Decay of Trade that it will be exposed for a prey to any stranger that shall thinke it worth invading who cannot want as faire a colour as the Scots either to interpose as Mediators to propagate their Religion to protect or rescue or revenge their injured friends Or if all other States should be asleep while our house is on fire what security can we have from our deare Brethren of Scotland who● though it

losse of the Head or by consumption of the inferiour Members these are scruples which others may resolve But if Treason be a charge which a Parliament cannot be capable of as they n declare it is and I believe it to be true because perhaps as some Romish Doctours have asserted the Popes infallibility teaching that he cannot erre as Pope for if he do he ceaseth to be Pope so if the maior part of one or both Houses shall consent unto approve or command any treasonable Act they thereby cease to be a Parliament who are presumed in Law to be no lesse than they professe His Maiesties faithfull and loyall Subiects Then if the Members at Westminster by raising Warre against the King o by forging a new Great Seale and declaring the old one by which they were called and do sit to be of no force by calling in an Army of strangers or by any other Act or Vote of theirs be trul● guilty of that charge ●hey are no longer to be looked upon as a Parliament Lastly if the equitable sense of the Law may take place here which has been pressed so much in other cases it must be acknowledged that the Essence of that great Councell does not consist in the place but the persons for the place may be changed yet the Parliament remain still the same When we see farre more of the Lords with his Majesty than at Westminster when we finde upon strict account that the maior part of the Commons are either driv●n away or have deserted that Cause when we observe how many Members of either House do daily hazard or have already spent their lives in the service against it when we weigh their qualities abilities and estates with those of their opposites and finde them to be men of the best ranke in their Countries of known integrity for their lives of unspotted zeale to Religion of sound judgement and knowledge in Law of publique thoughts to the good of the Kingdome as well as loyalty to the Ki●g which hath engaged them in this Warre by which they have lost more already than the opposite Faction ever had and expect to gain nothing but the testimony of a good conscience when we consider how many of those that are most active at Westminster by reason of their undue election had never any right to sit there and suppose that many others still remaining are not alwayes carried along with the streame when we remember by what meanes the Bishops who are acknowledged by Parliament to represent one of p the three Estates of the Realme were thrust out contrary to the Fundamentall Law and how by that meanes all succeeding exorbitancies have been falsly fathered upon the Parliament we cannot but pronounce upon these premises that the Parliament is in truth for that cause which is owned by his Majesty and not for that which passeth under the false usurped name of King and Parliament CHAP. XII The true End of framing and enjoyning this Covenant the bringing in of the Scots absolutely unlawfull HAving done with the many specious and pretended Ends of the Covenant we are come to the true End of Covenanting at this time which the Schooles would call Finis applicationis finis operantis This in particular persons may be divers as the desire of advancement in some the hope of impunity in others but the main general End which first set the Contrivers on worke about framing this Covenant and keepes them still at it by pressing it upon this Kingdom was the bringing in of the Scots a The Covenant is one of the postnati of that Kingdome it was begotten and borne in Edinborough onely our English Commissioner● played the Midwives and helped to licke it over into some fashion Vnlesse the Faction in England would engage themselves and their Adherents in such a Combination those conscientious Brethren of Scotland refused to assist in this Rebellion as they are now ready to do being upon their march to invade us A thing so repugnant to the Weale of this Kingdome that no true English heart but will abhorre the mention of it and so unjustifiable in respect of them that no Scot who has any sense of Religion to God of gratitude and duty to their native King or of brotherly charity to this neighbour Nation will ever dare to draw his sword in this quarrell I. First how farre it may endanger the being of this Kingdome to admit an Army of strangers into her bowels none such an infant in discretion or History but is able to descerne The calling in of forreigne Force if it were not Treason by Law is a thing so odious in Nature to any that is touched with affection to his native Countrey that his Majesties greatest Enemies could not suggest a calumny more malicious against him nor more powerfull to steale away his Sub●ects hearts from him than by giving out that he intended to make use of forreigne aide when they supposed they had brought him to so low an ebbe that he would never finde sufficient succour from his own Subjects They are now driven to as great an exigency and make no scruple of acting that course which no necessity would suffer to enter into the Kings thoughts Such was his tender care and fatherly affection to His people He chose rather to run the hazard of His owne ruine then owe his preservation to any hands but such as God should raise up in his defence among His owne Subjects These waies of the Covenanteers doe both justifie the Commission of Array against all their former objections which grant it lawfull in the comming in of strange enemies and if His Majesty should follow their example and hire an army to assist him from some other Nation whatever were the consequents of it they must beare the blame that first led the way and he would be clear before God and man II. Secondly this intended invasion is so injust in respect of the Scots that all who heare of it must cry shame upon them who at the same time enter into a solemne Vow inviolably to observe the Articles of the late Treaty of Peace betwixt the two Nations and to endeavour that they may remaine conjoyned in a firme peace and union to all posterity and that justice may be done upon the wilfull opposers thereof and at the same time seise upon Berwick and put a Garrison in i● contrary to an expresse Article of that Treaty of Peace so lately concluded and setled by both Parliaments and are now upon the poynt to power an Army into this Kingdome whereby it appeares that though we made peace with them they made none with us and we conclude as a former b Parliament did against them that it were better for us to be at open war with them then under such a feigned peace III. They cannot say nor doe they pretend that any one Article was violated upon our part unlesse it were by those whom they come to