defend What cause then have they for this invasion Is it for their own necessary defence Nothing is threatened nothing intended against them Is it to revenge any injury we have done them If any were done on either part we have dearly paid for it already and by the Act of Oblivion all former bitternesse should be forgotten but Chi offende non perdona they wronged us so much they will never dare to forgive us Is it for the lawfull recovery of any right that we have taken and detain from them Nor so nor so What then is it which may give any colour of justice to this expedition Forsooth no other then the good of Religion in England the deliverance of their Brethren out of the deeps of affliction the preservation of their own Religion and themselves from the extremity of misery and the safety of their native King and his Kingdomes from destruction and desolation Ad populum phaleras We must be very silly if we be cheated with such faire words 1. Concerning the first we have already disputed and I hope proved that it is not lawfull to propagate Religion by Armes Nor is it true that those whom they call their Brethren in England suffer any thing for their Religion or need shed one drop of blood in defence of that power without which Religion as they pretend cannot be defended It has alwaies been and still is the passionate desire of his Majesty to preserve the protestant Religion and the just power of Parliaments He has often profferd and is still ready to performe to passe any Lawes that shall be presented to him for hindering the growth of Popery and securing the just Priviledges of Parliament He has onely refused to consent to such an alteration in Religion and Government as the Enemies of our peace would force upon him under the generall name of Reformation who are not yet agreed what is meant by it more then Extirpation And therefore if the Scots should sit still and hold their peace they need not feare the curse of Meroz when they looke upon the cause which these men maintaine Which if it were indeed what it is notâ— the cause of Religion it were but common to them with other Christian Churches which lye groaning as they tell us under the yoak of antichristian Tyranny If the Scots think themselves bound in Conscience and have any calling or Commission from God to be the Catholique Reformers of other Nations they should doe better to begin their Reformation in other popish Countries where there is more need of it and where lesse exception can be taken to it where it may be free from any suspicion of Rebellion against the Prince as being not their own Native King and of ingratitude and perfidiousnesse to the Countrey as having not received equall courtesies from them nor entered into the like union and pacification with them as they have done with England God forbid that those weapons which our money hath put into their hands should be drawne to cut our own throates or that our Kingdome should be ruined because they think it fit to be reformed 2. And concerning the second if they do not enter into England and lift up Armes against their owne King who as they confesse hath promised and done as much for them as may secure them in their Religion and Liberties we shall never blame them But if they shall conceive of themselves or be perswaded upon reports from hence that those who adhere to His Majesty in the present quarrell are none but a popish prelaticall and malignant party whereas it is evident to the world that the greater part of this whole Kingdome sides with the King otherwise their assistance had never been implored never purchased at so high a rate that many thousands of the best repute for Religion towards God and affection to their Countrey to the certaine damage of their Estates and hazard of their lives doe appear in this cause upon no other incentives but of Conscience and Loyalty it is but a groundlesse pretence in the Scots to talke of providing for their owne preâ—ervation against those that meane them no harme No pretended experience of former times much lesse any principles of their owne Declarations or conceived jealousies oâ— the vindictive disposition of the English can warrant them before God or cleare them to the world if they shall take advantage of our present weaknesse and attempt a conquest of us now because it is possible if we once recover of these distempers and be united amongst our selves we may be strong enough to resist them hereafter Nor is there any necessity that the condition of one Kirk and Kingdome either in Religion or Peace should be common to both the present evidence of their quiet and our unrest proves it otherwise And if we should ever be restored to our right wits and former quiet whether they consider the peaceable disposition of His Majesty His Princely Clemency towards all and tender affection He has ever borne to His Native Countrey or the Loyall disposition of His adherents in these troubles falsly called Malignant and Preiaticall whose constant practice hath ever confirmed their Doctrine of subjection to the Magistrate and to whose profession and interest nothing is more repugnant then a Civill War by which they may loose all but are sure to gain nothing or they consider the present condition of this whole Kingdome harrased and spoyled by these intestine divisions which will certainly produce this good effect that if once we see an end of these Warres we shall better know to value Peace hereafter and not be easily engaged againe From these grounds of common reason they might conclude more solidly more charitably that what ever be the event in England if they doe not imbroyle themselves without cause they may for ever enjoy their Religion and Liberties and need not feare an afterclap from hence And let them remember thus much more of Israels leading into captivity that they never revolted from their God till they first revolted from their King Rebellion led the way Idolatry followed after and both ended in Captivity God preserve both them and us from such a judgement But let them take heed how they dally with edge-tools how they make solemne Oaths to God Protestations to the world promises of Peace and Vnion to their neighbours when they intend nothing lesse How they begin a Nationall Warre against us without any provocation from us or previous denunciation from them contrary to the late Treaty onely upon conceipt that if the power of this Kingdome be recovered into those hands out of which it was wrested by violence and injustice we may possibly according to the Treaty within three moneths denounce War against them 3. And concerning the third if the question be not whether they should presume to be arbitrators in the matters now debated by fire and sword betwixt His Majesty and those whom they call the Houses of Parliament
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 HOSEA 10.3,4 Now they shall say We have no King because we feared not the Lord What then should a King do to us They have spoken words swearing falsely in making a Covenant thus judgement springeth up as hemlocke in the furrowes of the field Printed in the Yeare 1644. The Contents of the Chapters in this ensuing Discourse CHAP. I. By what meanes the Covenanteers were reduced to the necessity of entering into this Combination confessed to be their last refuge p. 1. CHAP. II. The Grounds of the Covenant and false Assertions laid down in the Preface to it disproved p. 4. Wherein is shewed that the Covenanteers falsly affirmâ— 1. Themselves to be All sorts of Commons 2. To live All under one King 3. To be All of one Reformed Religion p. 5. 4. In taking this Covenant to have an eye to the Kingâ— Honour and Peace of the Kingdomes 5. Or upon all the Plots against Religion in all places 6. That they sweare after mature deliberation 7. That their supposed Enemies have an intention to subvert Religion p. 6. 8. That their own Supplications and Remonstrances have been any meanes to preserve it 9. Or themselves from utter ruine p. 7. 10. That this Covenant is according to any former practice of these Kingdomes The late Scottish Covenant how unlike it 11. Or the example of God's People Iewes Germans Low-Countreymen or other Protestants in other Nations p. 9. CHAP. III. The unlawfulnesse of the Covenant in respect of the Cause Efficient as made by Subjects against the will of their Superiour in such things as necessarily require his consent p. 11. This illegality proved upon it 1. As a Vow This illegality proved upon it 2. As an Oath p. 12. This illegality proved upon it 3. As a League CHAP. IV. The matter of the Covenant examined and proved first to be against Truth p. 13. In that they falsly sweare I The Doctrine Discipline Government and Worship of the Church of Scotland to be according to Gods Word II. The Doctrine of England not to be so as contradicting their practices p. 14. III. The Lord not to be one amongst them so long as Prelacy is not extirpate IV. That Prelacy is a sin and that if private men should not take upon them to be Reformers they should be partakers in other mens sinnes V. That the Cause of Religion is common to them all p. 18. VI That they earnestly desire to be humbled VII That the sinnes by them mentioned are the true causes of the Kingdomes distresse p. 19. CHAP. V. That the Covenant by reason of the many ambiguities in it especially this Who shall be the authenticke Interpreter oâ— it cannot be sworne in judgement p. 20. Where we enquire I. Who ought to be the Interpreter in other ordinary Oaths II. Who in this Whether every man for himselfe or the foremen for all and how they may differ Particular doubts proposed upon which the Covenanteers are not resolved As III. Wherein the Doctrine and Discipline of Scotland consists p. 22. IV. Who those Common Enemies are against whom they sweare V. What the Doctrine Worship Diâ—cipline and Church-Government of England is as to the Covenanteers p. 23. VI To what that clause relates According to the Word of God VII What meant by Whatsoever shall be found contrary to the power of godlinesse p. 24. VIII In what sense they vow to deâ—end his Majesties Person and Authority IX And whether the Kings preservation must be preferred before the preservation of all or any one Priviledge of Parliament p 25. X What Liberty they intend Whether to be free States XI Who meant by Both Kingdomes And which the Supreme Iudicatory in them p. 26. XII What they understand by the Yoak of Antichristian Tyranny CHAP. VI That the performance of sundry Clauses in the Covenant cannot be without grand inconvenience or injustice p. 27. Such is their swearing I. Constantly to preserve the Scottish Government a humane invention and Discipline in its own nature alterable II. To reforme the English and Irish according to the example of the best Reformed Churches which is hard to be found and not necessary to be followed p. 28. III. To endeavour the nearest uniformity in all the three Kingdomes which is not possible to be compassed nor fitting to be kept p. 30. IV. To preserve the Priviledges of Parliaments whereof some challenged to be such are declared to be incompatible others argued to be injust V. To accuse all Delinquents and Malignants not excepting a mans own selfe p. 34. VI To endeavour that all such may be brought to punishment without hope of mercy or pardon VII Each man to go before another in the example of Reformation without waiting for the Ministers to shew or Magistrates authority to lead the way p. 35. CHAP. VII That many things vowed in the Covenant are not possible to be fulfilled p. 36. For it is impossible for all the Covenanteers I. Constantly and all the dayes of their lives to endeavour each particular they sweare II. Mutually to preserve the Priviledges of Parliament of all the Kingdomes III. To assist and defend all that enter into thiâ— Covenant p. 38. IV. Never to alter their opinions to neutrality or indifferency V. To observe all the Claâ—ses in the Covenant some whereof imply contradiction CHAP. VIII That the very taking the Covenant and other avowed actions of the Covenanteers are in â—act contradictory to the formall words of their Oatâ— p. 40. This is argued in that they sweare According to their callings to extirpate all Popery Superstition Heresie Schisme Faction And to preserve the Priviledges of Parliament Liberties of the Kingdomes Authority of the King Yet is their taking and enforcing of this Oath I. Inconsistent with most of their Callings II. An act of Popery properly so called p. 41. III. As great a Superstition as Monastique vowes p. 44. IV. A Branch of Aërianiâ—me and so a Heresie p. 46. V. A vowed Schisme from their mother Church p. 48. VI A breach of the iust Priviledges of Parliament p. 50. VII An encroachment upon the publique Liberty p. 53. VIII A contempt of the Kings Authority IX A sworne Faction against the better part of the Kingdome CHAP. IX That many particulars vowed in the Covenant and intended by the Covenanteers are simply and absolutely unlawfull p. 55. Such are I. The alteration of Religion established by Law without the Lawgivers consent II. The Extirpation of Episcopacy p. 61. III. The pulling down the present Churchâ—Government before they be agreed upon another p. 63. IV. The Extirpation of the present Ministery as being Ecclesiasticall Officers that depend upon the Hierarchy p. 66. V. The Extirpation of Deanes and Chapters and alienation of the
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 4â— 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 Scoâ—s absolutely unlawfull p. 96. I. In respect of the English invâ—â—ing p. 97. II. In respect of the Scoâ—s comming Where the three pretended Reasons of their Invasion are debated viz. 1. The gâ—â—d â—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 contraryâ— 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 desciverâ—nt 7 2 and or 8 34 abjected abjured 10 13 Passan Passaâ— 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 quà m 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 directâ—d to
of godlinesse The same grand Enquest of Middlesex which found the Bill against Episcopacy may impannell hereafter and upon the same evidence finde against Magistracy The same Arguments which set the Rooters on worke will finde them more employment when this is done when their hands are once in they may proceed for a through Reformation to extirpate all Civill superiority all distinction of Lords and Gentlemen They who put these reasons into the mouthes and that power into the hands of so many knowne Anabaptists may be too weake to wrest it from them when their owne turne is served VIII In the third Article I bulke the Priviledges of Parliament so mysterious and intricat as no man dare undertake to state them truely and onely take notice of that passage where they swear to preserve and defend the Kings Person and authority in the preservation and defence of the true Religion and Liberties of the Kingdomes If his Authority were as well knowne as his Person yet might it well be doubted how farre these words intend the preservation of one or other g Mr Ward in behalfe of the Covenanteers gives two expoâ—itions of them for surenesse either that we sweare to defend his Person and Authority so long as he defends our Religion and Liberties Which is not so much as they sweare to doe for any ordinary person that takes this Covenant For they vow in the sixt Article absolutely to defend all those but here they undertake no more then barely to endeavour to defend the King Or Secondly that in defending Relâ—gion and Liberties we do defend His Maiesties Person and Authority yet may it so fall out that what they doe or intend for his defence may truely tend to his destruction And this we must confesse is not common to His Majesty with the rest of His people who as it seemes has these two Prerogatives left yet unquestioned that as the Kings Commands and none but His may be disobeyed by the Kings Authority so his sacred Person and onely His may be destroyed in His owne defence IX It is further to be observed in the frame of this Oath that contrary to the method of the generall Protestation the Priviledges of Parliament what ever they be have got precedency of His Majesties Person which alteration surely was not without cause It is therefore a doubt very necessary to be resolved when the certaine safety of the Kings person comes in competition with any of their reall or pretended Priviledges which is to be preferred Whether by this Oath they are not bound in such a case rather to suffer his person to perish or actually to destroy him then violate any such Priviledge or leave it unpreserved X. I likewise doubt what manner oâ—liberties those are which the Covenanters ayme at seeing they have never yet claimed any as due by law which were denied them I meet with a new word much in request of late in some Scottish papers The States and though it hath been naturalized by Act of Parliament in England I am not yet willing to understand it When our men would caresse the united Provinces they apply the word to this Kingdome and tell those High and mighty Lords when they complain of that assistance which His Majesty received from thence h We cannot beleive it was done by any direction from their Lordships Neither can we think that they will be forward in helping to make us Slaves who have been usefull and assistant in making them Freemen Whence we may well be jealous â—â—at by Liberties of the Kingdomes they intend no lesse then those of the Low Countries and till they can attaine to be such Free-States in their owne opinion they are no better then Slaves XI When they make it a part of their Oath to bring all Malignants to such punishment as the supream Iudicatories of both Kingdomes respectively shall iudge convenient it should seem they have lost a Kingdome already for {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} they begun with three Kingdomes and now here are but two left I will suppose England to be one and here it will be a grand doubt to determine which is the supream Iudicatory i Whether in some caseâ— the Kings Ordinary Courts of Iustice be not supreme Whether the House of Commons be a Iudicatory at all k Whether the House of Lords be in all cases Whether if they differ in their judgement eitâ—er of them be supreme and which that is or both or neither Whether if they should both concur in matters of universall concernment to the whole kingdome without or against the King they ought to be reputed Supreme Whether if His Majesty should concur with them in things concerning Reformation of Religion the maine businesse of this Covenant the joynt assent of the l Clergy be not regularly required by the Lawes of this Kingdome If this one question about the supreme Iudicatory were rightly stated perhaps all other doubts would not be tanti But this still depending we are left to uncertaine resolutions for all the rest XII In the close of the Covenant it is very uncertaine who they meane by those other Churches groaning under the yoake of Antichristian tyranny Surely none more than those of the Romish Religion who acknowledge the Popes Supremacy Yet Master m Henderson applies it rather to other Reformed Churches which as he sayes when they shall heare of this blessed Conjunction it will be no other than the beginning of a Iubile and ioyfull deliverance unto them from the Antichristian yoake of tyranny Who those Reformed Churches are I professe I do not yet understand unlesse that Civill Dominion which their naturall Princes of the Popish Religion exercise over them be reputed by the Covenanteers a yoake of Antichristian tyranny CHAP. VI That the performance of sundry Clauses in this Covenant cannot be without grand inconvenience or injustice RIght reason will dictate that we ought not to make such a promise as cannot be performed without manifest inconvenience and Religion will adde that it were a sin in such cases to binde our selves by a solemne Oath Many things in this Covenant though they be not simply impossible nor absolutely unjustâ—in toto genere yet in many cases they may prove to be so and therefore cannot be sworne in righteousnesse and judgement If I make good this charge against it then must it be acknowledged a rash indiscreet and therefore a sinfull Vow I. If a quite different Forme of Church-government from that of Scotland be approved by the Word or at least conceived to be so then all such as are so conceited as amongst the Covenanteers not a few cannot with a safe conscience sweare to preserve that Government in any Church which they are perswaded is not according but contrary to the Word of God Again the Discipline and manner of Worship used in Scotland are not onely alterable in themselves but confessed to be so by the a Doctrine of
the Crosse notwithstanding he had power infinitely sufficient to repell all the violence of his enemies so did his Apostles follow him in the like example t rejoycing in their life time that they were counted worthy to be beaten for his name and Saint Paul reckons it for a speciall grace and favour to the u Philippians {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} c. that they not onely beleeved in in Christ but suffered for his sake and when they had finished their course and fought the good fight of Faith they gave up their lives a willing sacrifice in testimony of the Truth of their Religion Conformable to this patterne was the constant * Doctrine and Practice of the Primitive Church The most ancient Apologists for the Christian Faith use this as an Argument to prove the Religion of their Persecuters to be false and their own trueâ— that stood in need of humane force to maintain it but theirs stood by the sole power of God Pudeat te eos colâ—re quos ipse defendiâ— pudeat tutelam ab ipsis expectare quos tu tueris Those good Christianâ— were content to trust God with the defence of his own Cause and indeed they durst do no otherwise their Religion enjoyned them not to kill but be killed for it Nor was this for want of ability but authority They who best knew their own strength professed to the face of their adversarieâ— that both for number and experience they were nothing inferiour It was in their power to have oppoâ—ed if their Religion would have permitted One of them makes Peter put this question to his Master Cur haberi praecipis gladium quem vetas promi Nisi fortè ut videaris potuisse vindicari sed noluisse Hence it came to passe that when both Swords were in a manner united after the Emperours were converted to the Christian Faith yet Heretiques were cut off by the Spirituall not by the Temporall The first Generall Councels of Nice Constantinople Ephesus and Chalcedon condemned those Arch-Traitors in Religion Arius Macedonius Nestorius Eutiches but not to death The Councell of Constance was the first that proceeded in that kinde against Iohn Husse and Ierome of Prague Lastly as the Harmony of Reformed Churches in their publique x Confessions does not admit of any division or violent resistance against the supreme Magistrate so has it been the constant Doctrine of all the Protestant Divines generally from Luther down till our times and more particularly of this Church of England as may be more fully seen in the Exhortation to obedience published in Edward the sixth's dayes and the Homily against Rebellion confirmed by the Articles of our Church under Queen Elizabeth The contrary Doctrine being ever reputed peculiar to the worst of Papists the Iesuites and the practice of it made a marke of Antichrist So as I dare averre these three last yeares have produced more seditious Pamphlets in that kinde within this one Kingdome then all the Christian world ever saw before to the shame of our Nation and scandall of our Profession 5. Fifthly this course of violence is contrary to all experience of former times by which it is found that Religion hath ever been better propagated by the sufferings of the true Professours than by force Persecution to the Church being like pruning to the Vine as it was first planted so has it been watered and fructified most by blood Sanguine fundata est Ecclesia sanguinâ—â—râ—vit Not by shedding the blood of others but willingly powring out her own The constant patience of Martyrs was the most winning Rhetoricke to perswade others to the Faith it being most likely those opinions should be true for which they so willingly laid down their lives at least common pitty is a powerfull Oratour to perswade with the People with whom the punishment makes the Martyr that he who suffers has a good Cause Whereas should he make resistance to defend himselfe or use violence to compell others that might be upon other ends of profit vaine glory revenge and what not The persecution in other places drove the Protestants hither in Edward the sixth'â— dayes as to a common Sanctuary which much advanced the Reformation in England and the cruelty of the Papists under Queen Mary was disposed by the Providence of God to perfect the Reformation both in France and the Low-Countries whither no lesse that y thirty thousand strangers were banished from hence for Religion The flames of our English Martyrs did but give more light to the Truth of the Gospell which their Enemies thought by that meanes to suppresse their Funeâ—als were the most effectuall Sermons for the Peoples Conversion The bloody Massacre at Paris was y found to advance the Religion in France and the rigorous pressing of the Inquisition made way for casting Popery out of the Low Countries where the present Toleration of all Religions is acknowledged by the Lord a Brook for a speciall meanes that makes it flourish 6. Sixthly it is against that innate principle of the Law of nature Quod tibi fieri non vis alteri ne feceris Those who pleade most for extirpaâ—ion of Heretiques when it comes to be their own turne to be under the Crosse stand for Liberty of Conscience and declaime against persecution for Religion as a thing utterly unlawfull â—o the very Iesuites Cardinall Allen and Creswell in his Philopater And surely if we will not suffer iâ— from others we may not use it our selves 7. Seventhly 't is against the Law of our Land Wâ— have alwayes deprecated that aspersion which ouâ— adversaries would cast upon it professing we do not punish any Heretiques with death but Seminaries for Sedition and Rebellion not for Religion And here I must observe that the Lords and Commons in Parliament primo Elizabethae confesse they had no meanes to free the Kingdome from the usurped power and authority of the Pope but with the assent of the Queenes Majesty so farre were they from thinking it lawfull to raise Armes for extirpation of Popâ—ry when it was established by the Law of the Land 8. Eighthly it is against the common rules of prudence and Civill Policy to use that as a meanes to propagate which is more likely to tend to the extirpation of our Religion I speak of the Protestant which in the generality being not so populous as the Roman if we shall extirpate them heâ—e where we are stronger we must expect the same measure from them in other places where they are stronger and then in all humane probability our Religion is like to come to the worst in France Germany Poland and other Popish Dominions If they shall take the same course what can we have in equity to object against them Si quis quae fecit patitur is he not rightly served 9 Lastly it is utterly destructive to all Civill Government for if any be allowed to take up Armes for propagation or defence of their true
Presbytery were as rich as Episcopacy and this as poore as that the case would quickly alter and the holy Discipline be in danger to be turned out of doores It is not Conscience but interest that makes Prelacy have so many back friendâ— It is therefore declared that the publique debts shall be paid out of the Estates of Delinquents and Malignants by which they professe they understand in part all Prelates and their Dependents This if it were true might be some ground in justice and reason for the Sequestration of that temporall right which these men have in their Estates but none at all for alienating the perpetuity to a secular use unlesse God himselfe be a Malignant of whose Patrimony his Ministers are onely usu-fructuarii Or seeing the Covenanteers pretend to fight God's Cause therefore they will make him pay their wages If the men be peccant they plead no exemption no impunity sure the meanes is innocent The Scripture is more x expresse in requiring Hospitality of Bishops then of other men and therefore in congruity never meant they should be so straitened in their abilities They are injurious to God who think he would expect to reap more plentifully where he sow'd more sparingly If the portion assigned by him to the Levites under the Law may be any rule to judge of the Ministers competency under the Gospell their revenues will be found much above the proportion of their Brethren It will not be so proper for this Discourse to insist much upon any politique considerations for conservation of the Churches patrimony as the constant revenue which it affords to the Crown by Tenths first-fruits and other annuall charges the ordinary supply by way of Subsidy or the extraordinary by Loanes and Benevolences wherein the Clergy are ever rated above other Subjects in proportion The faire and free Estates which their Tenants enjoy under them upon easie termes not racked by such oppressions and exactions as are usually complained of from other Landlords the many poore Officers and their Families which are sustained by them in a liberall and ingenious way the great edge which they set upon Students in Divinity so long as they remaine the prize of virtue and industry the grandeur wealth and reputation which the Cathedrals occasion to the Cities by the frequent resort of strangers and others who have businesse to the Chapters But if they shall upon any pretence be swallowed up by those Harpies who gape after them the Exchequer will quickly finde the want the publique burthens will lie more heavie upon the common People their Tenants will be reduced to the hard conditions of other neighbours their under-officers with their wives and children if they cannot digge must be enforced to begge the poore will misse of their almes and when the reward of piety and learning is taken away nothing but Barbarisme and Ignorance will succeed in the place If nothing that hath been said will move with the Covenanteers who have conspired the ruine of this flourishing Church let them examine whether their intended rapine upon the meanes of this be not directly contrary to the Doctrine and Discipline of the Church of Scotland which they sweare to preserve Their grand Reformer Iohn Knox in a y letter upon his death-bed commands his Brethren of the Assembly at Sterling with strength in God to gainst and the mercilesse devourers of the patrimony of the Church If men will spoile let theâ— do it to their owne perill and condemnation But communicate yee not with their sinnes of whatsoever estate they be neither by consent nor yet by silence But with publique Protestations make this known to the world that yee are innocent of such robberies which will ere long provoke Gods vengeance upon the committers thereof whereof yee will seek redresse of God and man Their first z Book of Discipline defines the Churches patrimony to consist not onely in all manner of Tithes but in all things doted to hospitality in times past with all annuall rents both to Burgh and Land and declares all those who had got any of it into their hands to be thieves and murtherers Their second a Book of policy is more full in setting forth that patrimony and concludes that to take any of it away and convert to the particular and profane use of any person is detestable sacriledge before God One of their b Assemblies appointed M. Robert Pont to write a Treatise against Sacriledge and c another laments the growth of it to the uttâ—r undoing of the Church and staying of the planting of the Gospell to the overflowing of the Land with Atheisme and all kind of vice there being above foure hundred Parish â—hurchâ—s destitute of the Ministery of the Word by and about the Parishes of Argile and the Iles. Let then our Covenanteers be well advised if not for justice sake to the Governours of our Church if not for charities sake to their Dependents if not for Honours sake as they expect to heare in other Nations and after Ages yet for God's sake for conscience sake for their Oaths sake for the Doctrine of Scotlands sake let them not rob the Church under colour of reforming it VI I must here subjoyne by way of appendage that considering the King at his Coronation hath bound himselfe by Oath to defend the Rights and Liberties of the Clergy in generall and more particularly of the Bishops if he should give them up for a Sacrifice to the will of their Adversaries and upon any suggested grounds of policy passe away their Rights without their consent which they are bound in conscience to conserve though in such a case their Allegeance ties them not to resist yet with humble reverence and submission be it spoken I know not how he shall stand excused before God or man from the foule crime of perjury and therefore it must be unlawfull for any to endeavour to force his assent to an act so contrary to his Oath as is this intended by the Covenant For clearing of this point I shall grant first that no Oath is obligatory beyond the true intention of it Secondly that any Oath taken for the benefit of another may be released by the consent of that party for whose behoof it was taken or otherwise it may notâ— * though it be to the takers own losse Hence I inferre first that the Kings Oath for the preservation of the publique Lawes of the Kingdome does not binde him precisely to the perpetuall observance of all those which were in being at the time when he first took his Oath so as to exclude his consent to any future alteration but onely so long as regularly they continue in force and that when the Lords and Commons in Parliament as representing the Kingdome shall petition for any alteration the King if he see cause may consent unto it notwithstanding his former Oath as having a relaxation from the Kingdome to whom he swore But secondly his Oath
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 subâ—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 Quâ—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 Amâ—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 slâ—ying all such as are made Delinquents by Vote then in discouraging such as are Traitourâ— 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 serveâ— 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 quaesâ— duretque gentibus si non amor nostri at â—erte odium sui Quando urgentibus Imperii fatis nihil jam prestaâ—e fortuna majâ—â— potest quà m 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 â—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
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 â—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
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 trulâ— guilty of that charge â—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 drivâ—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 Kiâ—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 Commissionerâ— 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 Subâ—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 iâ— 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
which is truely forraigne and extrinsecal to that Nation they having no relation to nor dependance upon the two Howses or Kingdome of England onely they owe subjection to the same King why then after their mediation hath been rejected as they suppose by both sides upon confidence of their owne strength and severall successes or unwillingnesse to receive conditions from Strangers should they think it their duty though it be in their power to presse that Ecclesiasticall Governmâ—nt upon us by force of Armes which his Majesty hath often declared he will not and the two Houses have never declared that they will accept They have vowed the destruction of all those that adhere to his Majesty under the name of Malignants and evill Instruments and when they come with an Army to pay this Vow call they this stopping the effusion of Christian blood To hew out their way by the sword through all the forces raised for a guard to His Person amongst whom he has yet been safe whose actions have been as full of Loyalty as their adversaries professions is this to rescue their native Kingâ— His Crowne and Posterity out of the midst of dangers To help to sacrifice the greater part of this Kingdome to the malice of those by whom they are declared Traitors is this to preserve his people from ruine and destruction What if every private man be bound in duty to interpose himselfe as a reconciler betwixt his neighbours armed to their mutuall destruction Must they therefore help with armed force to destroy the one party at variance is this the part of a Reconciler What if the sonne ought to hazard his owne life for the preservation of his father at variance with his Brother Must they therefore take up armes to endanger the life of their King tâ—eir Civill father to side with a company of Schismatiques that flatter them with the name of Brethren III. When they ask shall a Kingdome sit still and suffer their King and neighbouring Kingdom to perish in an unnaturall Warre I shall answer this question to their owne content it is not fitting it is not lawfull But let me in courtesie ask them another When a Kingdome hath taken notice of a difference debated by fire and sword betwixt their owne King and some of his Subjects of a neighbouring Kingdome when they have solemnely vowed not to give themselves up to a detestable indifferency and neutrality in that cause when they have observed that the maine poynt in controversie is because the King will not consent to alteration of some Lawes already established which he holds himselfe bound in conscience to preserve after the whole Clergy in their c Nationall Assembly have promised to keep the people under their charge in obedience to his Maiesty and his Lawes confessing it a duty well beseeming the Preachers of the Gospell after their whole d Kingdome has sworne with their meanes and lives to stand to the defence of their dread Soveraigne his Person and Authority in every cause which may concerâ—e his Maiesties Honour with their friends and followers in quiet manner or in armes as they shall be required by his Maiesty after they have acknowledged in their Nationall Covenant that the quietnesse and stability of their Religion and Kirke depends upon the safety of the Kings Maiesty and have therefore universally protested and promised under a solemne Oath and hand-writ upon fearfull paines and execrations e to defend his Person and Authority with their goods bodies and lives against all Enemies within the Realme or without as they desire God to be a mercifull Defender to them in the day of their death and comming of our Lord Iesus Christ after the Nobility Gentry Burroughs Ministers and Commons of that Kingdome have confessed themselves f bound by all the ties of Nature Christianity and Gratitude so fully satisfied and perswaded of the Royall zeale and constant resolution of his Maiesty to preserve the Lawes and Liberties of his Kingdomes that it were the height of disloyalty and ingratitude if they should harbour any scruple or thought to the contrary having so many reall and recent evidences of his Royall goodnesse iustice and wisdome in setling and establishing the true Religion the Lawes and Liberties of that his Kingdom to the full satisfaction of all his good Subiects after all these vowes promises and protestations how can they be so strangely given up to folly and wickednesse as to thinke it their duty it being in their power to come with armed Force to end our quarrels by taking part with them to whom they owe no duty and fighting against that part which is owned by his Majesty to whom they stand bound by all the ties of Nature Christianity and Gratitude who has left nothing undone that might give them content Certainly if they shall so farre forget or cast behinde their backes all these solemne vowes and professions they will one day rise up in judgement against them And if they shall hearken to the call of the Enemies of our Peace and come to assist them in this unnaturall Warre as they threaten to do though in the time of animosity and appetite of revenge such Invasion may be well taken by those who invite them to helpe to destroy their Brethren yet afterwards when the eyes of the minde no more bloodrun with passion do discerne things aright it will be a griefe and offence to all true English hearts to see how they have sold themselves slaves to a viler Nation and they may be more united to cast them out who were so ready upon the advantage of their Divisions to thrust themselves in I shall in the mean while put them in minde that there was a time when they had if not a juster Cause a better colour for Invasion of England yet then they so farre disclaimed all intentions of it as to call the bare mention of it g The despitefull and devilish calumny of the disnatured Enemies of their Kirke and Kingdome I am commanded to forget what they did then but if they shall now verifie those calumnies and falsifie all their solemne Oaths though the King and this Kingdome should not be able to call them to account there is a God in Heaven that sees all their hearts and will judge all their actions And they cannot be ignorant that all the colours which they use in excuse or defence of their intended expedition may with equall nay better reason be alleadged by any other Nation that have a minde to oppresse and subdue upon pretence of assisting us of providing for their own safety or comming to compose our Differences CHAP. XIII From these Premises the Covenant is concluded unlawfull in respect of the Forme HAving thus deduced at large the severall Illegalities of this Holy League both in respect of the Efficient and Finall Causes but especially in respect of the matter it naturally followes that we conclude it in the last place to be likewise unlawfull
the glory of God and the maintenance of true Religion and weigh withall Their strength and His weaknesse at that time he having but a few men to guard him lesse money to pay them nothing at all to arme them save a good Cause the onely thing that his adversaries wanted and see how the Scales are turned since how they are enforced to call in Forreigne assistance and verifie their owne prophetick feare of invasion we cannot but acknowledge His Majesty found that blessing which he desired but whether it were the curse of God that thus farre hindered the accomplishment of their desires we are not forward to pronounce After they had been twice foyled by His Majesty first by His Pen and since by His Sword when writing and fighting would not serve the turne they fell to vowing and swearing their City Covenants led the way and to bring on the Scots this Nationall followesâ— which their owne elect d Orator tells them As it is the last Oath they are like to take in this kind so it is their last Refuge Tabula post naufragium If this help them not they are like to remaine till their dying day an unhappy People This then being as is supposed their Achilles upon which the fate of Greece depends I have adventured to encounter it Though I must confesse the mindes of all men being long agoe preengaged and the grand controversie not likely to be decided by any other dispute then of the sword Discourses of this kinde are much out of date Nor can I conceive what other great advantage they can make of this Covenant unlesse it be to enrich themselves by the injust spoiles of some few men resolvedly honest who by refuseing of it shall give testimony to the world that they value the salvation of their soules above that of their Estates As for those many softer tempers who may be wonne by perswasions or forced by constraint to the taking of it they will no sooner have opportunity to free themselves from those inducements then they will hold themselves freed from any obligations laid upon them by this Oath which is no other then a band of iniquity as I shall endeavour to prove by thiâ— ensuing Discourse CHAP. II. The Grounds of the Covenant and false Assertions laid downe in the Preface disproved THe more sacred any Ordinance is in it selfe the more prodigiously Sacrilegious is their sinne who would abuse it to injust ends Such are all those who traiterously affected to the King of Heaven without any warrant from his Law upon false suggestions and surmises of their own dare counterfeit his Signe Manual a Vow and affix his Great Seal an Oath to any illegall Ordinance of their own invention The Preface to this Covenant if it be no part of it as a Maister Henderson saies it is yet it containes the grounds of it which ought to be so true and evident as might be fit foundations to build a Solemn Oath upon so unquestionably certaine that at least the Covenanteers themselves should not doubt of them Whereas here they present us with almost as many untruthes as lines and some of them such as themselves know and confesse to be false 1. For it is not true that all sorts of Commons in the three Kingdomes either yet have or probably ever will take this Covenant nor that it is indeed what is here insinuated and commonly given out a Nationall Covenant between the Kingdomes When the Covenanteers in the close declare their desire to be humbled for their own sinnes and the sinnes of these Kingdomes as they put a distinction betwixt their sinnes so must they admit a vast difference betwixt themselves and these Kingdomes of which they are but an inconsiderable part I mean for their worth and I hope for their number too 2. It is not true that all those who take the Covenant upon their own Principles Live under one King the States of Scotland and the two Houses in England are commonly affirmed to be above the King at least Coordinate with him His authority is b said to reside with them though the person of Charles Steward be not there This indeed makes them Kings but not one King so long as England and Scotland are not one Kingdome As for other inferiour Covenanteers they must be Subjects but whether to one or the many Kings let it be thus tried King Charles Commands they shall not swear this League the many Kings Command they shall and their Subjects they are to whom they obey 3. It is not true that all the Covenanteers are of one reformed Religion c The Scots have often Petitioned for unity in Religion and d professed there can be no hopes of it till there be first one form of Ecclesiasticall Government this being not yet effected amongst themselves they must not pretend to be of one Religion 4. It is not true that in making this Covenant they could have all those goodly things before their eyes which they here boast off Vision is properly of things present the Liberty and Peace of England Ireland could not be visible to them through the deplorable Estate of the one and the distressed Estate of the other Kingdome But if they meant the phrase in a figurative sense yet am I loath to beleeve they looked upon the Glory of God and the honour of His Maiesty with the same eye That they intended to make him a glorious God in the same sense they endeavour to make his Majesty a Glorious King 5. It is not true that they did or could possibly call to minde the plots attempts and practices against the true Religion and professors thereof which have been in all places ever since the Reformation It is now above sixscore yeers since Luther first broke the ice no doubt many plots have been against our Religion or the professors of it some perhaps bare plots stifled in the wombe and never known but to the plotters others might come to the birth attempts and practices but at such a distance of time and place that none of the Covenanteers could be privy to them then or were acquainted with them since either never committed to story or those Histories not now extant or at least not read noâ— observed or forgotten by the Covenanteers who therefore cannot now call to minde the plots in all places ever since the Reformation 6. And if they have not done so then is the succeeding position likewise false they did not enter into this Covenant after mature deliberation Surely two or e three dayes after the first proposall was too short a time to ripen such a Deliberation But if it must be held an essentiall marke of malignancy not to swallow without chewing whatsoever is offered by such hands who pronounce the sentence by that Law Qui dubitant desciverant If any one Covenanteer be truly guilty of such a politique rashnesse as to sweare upon trust that others have maturely deliberated though
by the two Houses that they insist upon it twice in one leaâ—e of the same b Declaration Their c petitioning his Majesty to pasâ—e an Act for establishing a new Oath and that he would be pleased to enter into a more strict allyance with some neighbour Nations are sufficient convictions of their want of Authority in themselves either to impose a new Oath upon the Subjects of this Kingdome or to enter into a new League with those of another unlesse the consent of his Majesty be first obtained 3. Iâ— any private Men Town City or County may lawfully take this Covenant of their own accord and free willâ— which is the way to ingratiate themselves the more then in other cases of the like kinde they may at any time of their own accord without any command from Superiours enter into a League of mutuall defence with other Countries and binde themselves by a solemne Oath to performance And then farewell not onely the ancient Authority of the King but that moderne Priviledge of Parliament which claimes that d no County can binde it selfe without their consent But if all the Kingdome be therefore bound to take this new Covenant because it comes to them as commanded by the two Houses though there were no Law for it before then must all our Histories be purged all our Law-bookes taught to speake another Language and all those Declarations revoked wherein the Lords and Commons of this Parliament so many e times disclaimed all power of making any new Lawes without his Majesties consâ—nt CHAP. IV. The matter of the Covenant examined and proved first to be against Truth NExt to the Efficient we shall survey the materiall Cause of this Oath and allow it faire triall by the Lawes of God and the Land If it be endited upon the Text of Ieremie 4.2 It will be found guilty in the highest degree as destitute of all those conditions required to a lawfull Oath Truth Iudgement and Righteousnesse For the first though this be for the maine a Promissory Oath to the formall Truth whereof as such no more is required but that the meaning of the parties swearing be truly conformable to the words of their Oath that they truly intend to performe what they sweare yet is not the whole frame of it meerly promissory some assertions are interwoven either actuall or virtuall by way of implication which may be justly suspected for want of Truth and iâ— that be proved upon any one of them all the Covenanteers are ipso facto guilty of perjury I shall but point at some particulars I. Those words wherein they swear the Preservation of Religion in the Church of Scotland do imply that the Religion of that Church is in all the particulars there mentioned Doctrine Worship Discipline and Government according to the word of God Which is justly doubtfull in some and flatly false in others 1. The Doctrine of that Church so farre as it is distinct from their opinions concerning Discipline and Government and other matters of practice I have no purpose to quarrell I acknowledge the ancient Articles of their publique confession for true but if by Doctrine they understand all the modern explanations and other doctrinall positions which have issued from their Generall Asâ—emblies in later times I could bring more instances and more objections against the truth of these Doctrines then I know how to answer But I forbear to make the wound wider then necessity requires 2. As touching their manner of Worship if we should deny they would be hard put to it to prove those formes which they use in Marriage Baptisme the Lords Supper Publique Prayer Preaching Catechizing and other of Gods Ordinances to be according to his word 3. Much lesse their Discipline and Government by Classes and Assemblies higher and lower which they pretend to be iure divino and perpetuall Some of their ablest Scholars have acknowledged their moveable temporary Deacons not to be consonant to divine Institution And if we might be admitted to argue before equall judges we should go near to prove as much against their ruling Elders which first justled the Superintendents and since the Bishops out of that Church If they will submit to that rule the Presbytery in Scripture must submit to Episcopacy that at best was but a Delegacy under the Apostles who were in right the primitive Bishops and from whom ours challeng by undeniable succession II. When they swear the Reformation of Religion in England in Doctrine as well as Discipline according to the woâ—d of God they falsly imply that our Doctrine is erroneus and not according to the word Which though it be scandalous to us is advantageous to the Covenanteers The Articles of our Church most true in themselves cannot be wire-drawne and forced to comply with their designes and therefore no wonder if they desire to have them altered They must therefore set the Diall by the Clock and seeing the present Doctrine of the Kingdome condemnes their practice and opinions they must so farre reforme it that it shall not contradict them When a new Assembly of Divines must be convented to tell the People such things are according to the word of God which all men knew to be contrary to the Law of the Land seeing the Royall assent could not be obteined to authorize a Convention of such Persons and in such an uncouth illegall way as was desired it was inavoydably necessary that the Doctrine of our Church in the 21. Article should be reformed which teacheth That Councells may not be gathered together without the commandment and will of Princes When they are resolved to extort those rights from their Soveraigne by force which he is unwilling to part with upon entreaty then 't is fit the 35. Article be reformed which confirmes the Homily against Rebellion as containing Godly and wholesome Doctrine and necessary for these times In truth never so necessary for any times as these the like whereof England never saw before When they have vowed the extirpation of Episcopall Government Root and Branch is it not high time to reforme the 32. Article which talks of Bishops Priests and Deacons much more the 36. which addes Arch-Bishops and confirmes the book of Consecration and Ordination When that Doctrine must be instilled into the people that the King is no more then the Prince of Orange or the Duke of Venice onely Maior singulis but minor universis and that when his commandâ— and those of one or both Houses are different theirs must and ought to be obeyed as with whom the suprem power doth reside then surely a Reformation of the 37. Article is indispensably and eminently necessary by which the Subjects have been led into that dangerous and deadly Heresie that has cost so many thousand lives That the Kings Maiesty hath the chiefe power in this Realm of England unto whom the chiefe government of all not onely particular persons but Estates of this Realm whether
their differences and so long as we hold to one immoveable irreformable Rule of faith as Tertullian calls that short Creed Catâ—ra iam disciplinâ— conversationis admittunt novitatem correctionis And if the nearest coniunction be not possible sure it is not neceâ—sary iâ— it were so the Scripture which is not deficient in necessaries would not onely have proposed fitting directories but prescribed set formes unto us and limited the times places and manner of worship Which our Saviour has not done being willing as it seemes to leave every Church at Liberty to consult with her owne occasions or necessities and accordingly to constitute as she should finde in Christian prudence to be most convenient for the exegency of the times disposition of the place and temper of the People The use of which liberty we have both practised our selves and allowed in other Churches It must here be remembred that this very thing which is now sworne to bring all the Kingdomes to an uniformity is nothing else for substance then what was intended by King Iames and attempted by King Charles and that upon better grounds then now it is they having both more authority to enjoyne it then the present Covenanteers can justly challenge and presuming to meet with lesse opposition then these have found For whatsoever have been declared since the businesse which these two Princes went about to settle Episcopacy and a Common forme of Worship and Discipline in Scotland conformable to those in England and Ireland was not at first affirmed by any to be so destructive to the Lawes and Liberties of that Kingdome as the now intended alteration is knowne to be against the Lawes of England and Ireland IV. If the Rights and Priviledges of Parliament were once truely stated which are here sworne to be defended with lives and Estates we must be able to make a clearer judgement of the Lawfulnesse of this Oath as to that Particular Buâ— this being a taske which we neither dare undertake nor can go through with it will be sufficient and perhaps not impertinent if we wave the two other Kingdomes and take a short view of some few particular Priviledges pretended to be due to the Parliament of England and see whether they be such as the Subjects ought to sweare the preservation of them before that of His Majesties Person and the publique Liberties 1. As a Councell they d challenge the Priviledge to be advised with in all the great affaires of Church and State whereas their Writ calls them onely to consult De quibusdam arduis And His Majesty is accused for breach of Priviledge because he did not aske their advice in some such things Yet sometimes e he desired it so much till his importunity was voted a breach of Priviledge Here he is in a hard strait like that in the Oracle Si fecero peribo si non-fecero vapulabo Not desire advice and break Priviledge desire it and breake Priviledge too 2. A vote is passed in Ianuary f thaâ—to arrest or detaine any Member of the Commons House without first acquainting thaâ— House and receiving Order from thence is such a Breach of Priviledge as must be vindicated with life and fortunes And yet a g Declaration is issued in November following that in those very cases which were formerly in controversie any Member may be arrested by the ordinary Ministers of Iustice and detained in saâ—e custody till he may be brought to the Parliament It will concâ—rne the Serjeants to be informed in what moneths this Priviledge iâ— in season and when it goes out 3. Another h Declaration speakes in this manner Though the Priviledges of Parliament doe not extend to Treason Felony and breach of the Peace so as to exempt the Members of Parliament from punishment nor from all manner of processe and tryall as it doth in other cases From these last words we must inferre that in case of Incest Adultery Fornication Idolatry Sacriledge Blasphemy Schisme Heresie Popery Perjury or what you will besides the three excepted particulars the Members of Parliament may sinne Cum Privilegio they are exempted from all manner of processe and tryall 4. I do not know the mysteries of some Priviledges why they are ambitious to entertaine Treaties with forraigne States but when his Majesty desires the like it should be answered i We cannot doe it by the fundamentall Priviledge of Parliament Why the People may take notice of their proceedings but His Majesty may not without k a high breach of Priviledge minde them of him who said He was not worthy to be King Why the meanest Subjects should be admitted to give in their reasons against established Lawes and desires of alteration and the King be l accused for breach of Priviledge for desiring them to retract a privat Order as contrary to an expresse Act of Parliament Why in Sir Iohn Hothams case all m interception of letters to the Parliament should be such a high breach of Priviledge and now his Majesty cannot send a letter but shall be intercepted nor a Messenger to them but shall be imprisoned if not executed by their Commands 5. It is a new peece of Law which our predecessors were ignorant of that all Acts and agreements made by any private Companies or Corporations by any Parish or County nay by any particular personâ— are of no further force in Law then they are confirmed by Parliament and that to make any such till the two Houses be first accquainted and their consent obtained n is an entrenching upon that Peculiar Priviledge of Parliament To binde all or any part of the Kingdome This was the ground upon which they cancelled those agreements made by the Lord Farefax in Yorkshire and the like by their adherents in Cheshire and declared that they who made them were not bound by them 6. The number of Priviledges in this kinde may be infiniteâ— yet we shall be able to set bounds to the measure of them by their owne Declarations Where first the Kings comming to the House of Commons is o affirmed to be the greatest violation of Priviledge that ever was attempted Secondly His wishing he had no cause to absent himselfe from White-Hall is p taken as the greatest breach of Priviledge of Parliament that can be offered And therefore the former must needs be lesse and if there can be none greater what shall we think of those many lesser which have made a greater noyâ—e Let the Reader say if he make any Conscience of his life or have any care of his Estate or beare any Allegiance to hiâ— Majesties Person or any reverence to His Authority or have any considerable portion in the publique liberty whether he can willingly according to the tenour of this Covenanâ— sacrifice his life and liberty his Soule and Estate to the preservation of all and every of these Priviledges and perhaps thousands more which are not yet declared so as to preferre the least
of them before the preservation of the common Liberty His Majesties Person and Authority For so it is declared q that the Kings Authority and Person can be no way maintained buâ— by upholding the power and priviledges of Parliament V. That passage where they sweare the discovery of all such as have been or shall be Malignants c. carries with it a probable injustice and certaine inconvenience For it engageth every Covenanteer not onely to be a common delator and accuser of his Brethren but even of himselfe too if he ever were or shall be any way guilty The old Oath Ex officio so long cryed out upon as unnaturall and injust that it was thought fit to be abolished by an r Act made this Parliament was not halfe so bad as this new Oath is For by this a man sweares to discover himselfe though there be no common fame against him never any suspition of him though no Iudge ever question him no other person accuse him though he be now reformed and have altered his resolution yet if he was ever peccant he is bound by this Oath to discover himselfe that he may come to his tryall and so receive condignâ— punishment VI That last clause to bring all to publique triall that they may receive condigne punishment carries fire in the taile of it sufficient to consume the better halfe of the Kingdome It is but a small matter to tell their Souldiers that if they deny Quarter to any Malignants in his Majesties Army they are guilty of perjury by anticipating that tryall which by this Oath they shall be brought to I shall rather apply my selfe to the Lords and Commons at Westminster who have already passed sentence s That all such persons as upon any pretence whatsoever assist his Majesty in this Warre with Horse Armes Plate or mony are Traitors unparalleld Traitors and ought to suffer as Traitors and their punishment is here Vowed as it was before threatened to be speedy and exemplary How the King of Denmarke or the Prince of Orange will escape does lesse Trouble me then to see the sworne cruelty of these Covenanters who have vowed the hanging of the greater part of this Kingdome and without any hope of mercy or pardon If it were to be doubted which party were guilty of Treason those whom the King hath proclaimeâ— or whom these Votes have declared yet this is out of question that many who sometimes assisted the one are now turned to the other side many yet perhaps assist that party with money to which they are lesse cordially inclined if all these as they are declared Traitors for so doing t upon whatsoever pretence they did it must suffer the condigne punishment of Traitors the Covenanteers will have as little comfort in the payment of this Vow as Iephta had in his If the City be not startled at this consequence yet for pities sake to their poore friends in the Countrey who have payed Contributions to His Majesties Army let them put on some bowels of compassion let not judgement so farre triumph over mercy as to vow nothing but punishment no pardon Why should they devote that little blood to the axe or the halter which the sword shall spare in this gasping Kingdome We have not forgotten him that told us what we now finde they were not in a right way that made choice of such a Rubricke to their Reformation And those who Sit and Vote and vow to punish according to those Votes may remember if we be Traitours it is not long since they were so and it is not certain what they may be VII When each man has sworne to go before another in the example of a reall Reformation he is bound upon his Oath not to expect till a generall Reformation be publiquely debated and agreed upon not to forbeare till he see whether the right rule will be commended to him in an orderly way he must not stay for the command of Authority or company of his neighbours but where he conceives the Doctrine to be erroneous the Worship superstitious or otherwise faulty the Discipline and Government not so exactly according to the Word he must presently fall aboard with his Reformation worke publiquely professe what his opinion is and apply himselfe to the practice of that which he is perswaded in his own conscience is right and must endeavour to set up that Idoll in the Church which he has already erected in his own imagination and labour to extirpate all that oppose it and refuse to bow down to it that so he may go before others in the example of a reall Reformation And surely those Brethren in London who begin to joyne themselves into Church Societies are thus farre to be commended What though it be as the u Assembly tell them unfit uncomfortable unseasonable yet being by them iudged lawfull now after they have sworne it becomes necessary And I wonder why the Presbyterians should not be as zealous in fetting up their Government and endeavouring to goe before others in an exemplary way I wish they would begin their Reformation in London with extirpation of Schisme which it will be no hard matter to finde and by that time it shall be extirpate out of the City Religion and Peace may once again revisit the Countrey CHAP. VII That many things vowed in this Covenant are not possible to be fulfilled TO make good this charge which is a further â—vidence of injustice in the Covenant as involving the takers in down-right perjury we shall propose such particulars as are either morally or absolutely impossible to be performed I. That constancy of endeavour and zealous continuance which they sweare to use all the dayes of their lives in the observance of most Articles is more than they can assure the work of Reformation may be longer and their other avocations greater than they imagine and in the interim of their hopes their endeavours may flagge and their zeale remit Besides the particulars of their Vow are so many and of so different natures as must needs distract their thoughtâ— and employments which being fixed upon some must divert their endeavours from the rest And if they shall in truth all the dayes of their lives endeavour to extirpate the Government of the Church they will never live to effect it II. The mutuall preservation of the Rights and Priviledges of the Parliaments in all three Kingdomes cannot alwayes be possible To evidence this Truth I shall suppose what the Covenanteers will easily grant First that the word Parliament is here secondarily if not principally intended for the two Houses in the respective Kingdomes exclusively to the King Secondly that the Parliament of Scotland if not that of Ireland hath as much right and priviledge to all intents and purposes concerning that Kingdome as our Parliament has in relation to England Thirdly that whatsoever Rights and Priviledges have been challenged by our Lords and Commons of this Parliament are
truly due unto them and the King bound to admit of them These suppositions being granted it cannot be denied but the severall Parliaments all challenging as great Councels to his Majesty whose advice he must follow may advise many things repugnant in themselves and both or all impossible to be hearkened to The nineteen Propositions of the English and the Scots Demands in the Act of Pacification will save us the labour of enquiring into former times or straining invention for possible cases 1. The English advise and require that no Marriage of the Kings Children be treated of without their notice nor concluded without their consent The Scots and Irish having equall interest especially in the Princes Person may require equall priviledge But their publique nationall interests and affections to other States being different their advice and resolution will be so too The Irish may advise and resolve upon a Match with Spaine the Scots with France the English with some other distinct Familyâ— Againe the Scots demand that the Prince may reside with them at some time the English may require his continuall residence at all times at least they may both exact it at the same time So when a these would have him at St. Iames those would have him at St. Andrews Such like for the King himselfe much about the same time when the b Scots exact his residence with them the c Councell of Ireland desire his presence amongst them the d English protest if he leave them they will no longer submit to him so as to be directed by any Commissioner This impossibility will be more considered if we restraine it onely to the time of Parliaments at the same time 1640. there were three Parliaments sitting in the three Kingdomes if they have equall Priviledges all equally require the Kings Presence what shall he do when he is told his absence from Parliament is a breach of Priviledge e against Law against ancient Custome against his Oath Is it possible for him to be in three Kingdomes at the same time Grant him his just Power and he may without inconvenience rule all but if the Supreme Power be in them he will have a hard taske to serve so many masters Secondly if all the Parliaments be considereed as Courts â—nd allowed for Supreme Iudicatories in the severall Kingdomes may not one of them declare Law against another Surely yes we have a fresh precedent for it The Scots were declared Traitors by the Parliament of Ireland 1638. They were declared loyall Subjects by the f Parliament of Scotland 1640. And their Actions were condemned to oblivion by the Parliament of England 3. Lastly if each Parliament be considered as the Representative Body of the respeâ—tive Kingdomes with a power to enact order or ordain whatsoever they shall hold fitting or of publique necessity and the King be bound by his Oath to passe all the Bills which shall be pesented under that notion as they have formerly before the union of the Kingdoms made many g contraâ—iant Laws so will they do again for the interests of the Kingdomes being severall in themselves none having any mutuall dependance or superiority above another the titular union in the same King will be found in effectuall to reconcile their differences if he be not Supreme in the old received sense but onely in the new-coyn'd notion of coordinate as some or subordinate Supremacy as others wittily have expounded In any such case of difference whether in matter of State or of Law a mutuall preservation of the Priviledges of all the Parliaments will be utterly impossible both for King and Subject to preserve one is to destroy two III. Every Covenanteer undertakes more than he is able to performe when he sweares not barely to endeavour as in other Articles but actually to assist and defend all those that enter into this League and actually to reveale and make known all lets and impediments against it Though they have a will to do it yet they may want meanes to effect it If they do not send assistance to any Covenanteer when it is demanded or what they do send be not sufficient to defend him they faile in their Oath and were to blame they did not use the word endeavour here which is so carefully inserted in other places IV. Nor can the most confiding of them be assured that he shall not suffer himselfe directly or indirectly by whatsoever combination perswasion or terrour to be divided from this union As it is not in any mans power to hinder other men from using what Arguments they can to perswade him so neither can he totally hinder those Arguments from leaving any impression in his soule Besides daily experience of many flitting from that cause to which they were sometimes as zealously addicted as any witnesse Sir Iohn Hotham and others there is reason why it should be so in spite of any resolution to the contrary Though ambition avarice passion or prejudice make men very willing to have that passe for true and good which they affect and â—o first stagger their judgement which at last fixes in a resolution not to examine any grounds of the contrary part which they hate Yet the variety of successe may so much alter the face of things the inconstancy of humane nature may so farre comply the light and evidence of the object may be such as will dispell all those mists of the understanding and prevaile against any obstinacy of opinion But if they meane by this Oath such a resolution Non persuadebo etiamâ—i persuaserâ— that against the light of their own consciences they will still persevere in the same courses though they be never so much convicted of their unlawfulnesse they do but adde Heresie to Perjury For a pertinacious maintaining of an opinion after a man is convicted that it is erroneous I take to be the very formality of Heresie and that which I suppose the Covenanteers have sworne to extirpate V. It will not be denied but if one part of the Covenant either in terminis or by implication contradict another then it will be impossible to performe both And I pray what are these but contradictions 1. That all the Covenanteers in the three Kingdomes should professe to be of one Reformed Religion and then sweare to preserve it in one Kingdome but to reforme it in two 2. To preserve the Kings Person without respect of Persons This they vow in the second Article and that in the third 3. If the Parliamentâ— beâ— as they conceive the supreme Iudicatories in the respective Kingdomes with what congruity doe they sweare to preserve the Rights and Priviledges of the Parliaments in all three Kingdomes and then that all Delinquents shall be punished by the Supreme Iudicatories of both i.e. onely of two Kingdomes No marvell if some parts be liable to contradiction when the whole Covenant is ushered in with a grosse absurdity which has influence upon every sentence in it When each
{non-Roman} {non-Roman} {non-Roman} {non-Roman} there will be no danger of breaking Priviledge But if all these were high violations of the Parliament Priviledges all the Covenanteers are sworne to enquire after and punish the offendors without respect of persons 5. I cannot see that those who had a speciall hand in the creation have ever had a due care for the conservation of many new Priviledges They who declared it to be no ordinary but a high breach of Priviledge to d intercept any Letters or Messengerâ— comming to or from the Parliament have since countenanced the interception of His Majesties Letters commanded the imprisonment of His Messengers and done enough to prove themselves either guilty of Priviledge-breaking or no Parliament Who if they shall pretend in case of Priviledge as they have done in point of Law that whatever they doe or command or approve how contrary soever it may seeme to be to their confessed or declared Priviledges yet must not be taken for a violation of Priviledge because it is approved by them in whom the Privilegilative power is supposed to reside I confesse this might be urged with good coherence to their other principles nor should I know well what to reply if I were not furnished out of their Store-houâ—e Where I find them telling the King August 25. 1642. that till he have recalled His Declarations and Proclamations and taken downe His Standard e they cannot by the fundamentall Priviledges of Parliament treat with him Yet within a few moneths after though the Royall Standard was not taken downe nor any Proclamations recalled those very men who before refused to grant are now f petitioning for a Treaty to His Majesty at Colebrooke and we find them actually Treating at Oxford Whence we conclude seeing they did afterwards what they had formerly declared by their fundamentall Priviledges they could not doe not onely in some cases they possibly may but in this particular according to the principles of their owne Declarations they actually did violate a Priviledge of Parliament and that a fundamentall one VII There can scarce be imagined any invasion upon the Publique Liberty more manifest or of greater consequence than is the imposing of this Oath by such as have no Authority to exact it and the submitting to this usurped Authority is in all them that take it a betraying of the Liberty of the Kingdome We have already proved that no new Oath can be imposed but by Act of Parliamentâ— Besides what can be more in prejudice of the Liberties of England then forcing all the Subjects to sweare to defend the Liberties of Scotland and the unknown Priviledges of their Parliament Are we not hereby made sworne vassals and slaves to another Nation Do we not give them a Supremacy over us or if their obligation be reciprocall yet I doubt whether in case they prove perfidious that will serve to excuse our perjury If by swearing to preserve the Liberties of the Kingdome they sweare as their g Expositours beare us in hand against all Arbitrary Power whereby the Rulers will and pleasure is made the onely Rule of the Subjects obedience their Oath strikes at none more than the Masterâ—Covenanters to whom I feare the description in that Authour is most aptly fitted New proud ambitious domineering Officers of the first Head VIII Seeing no Act of Parliament can be made without his Majesties consent no new Oath imposed without an Act of Parliament their pressing of this Covenant by any Ordinance their entering into League with two Forreigne Nations and inviting others to joyne in the like Association is such a palpable violation of the Kings Authority which they sweare to preserve and a contradiction so grosse as none can reconcile unlesse He to whom nothing is impossible IX What is the whole Designe of the Covenant but an apparent dividing of the King from his People Or which is all one of the People from their King What but a sowing of division between the Kingdomes by hiring the Scots to take part in our dissensions What but a sworne Faction amongst the People of this Land being a combination of some who confesse themselves not to be the Kingdome And yet they would seeme to sweare against all these in the fourth Article That they who here sweare against Faction and Division have been the Authours and are still the upholders of Division and that by Faction is plaine from their constant refusall to descend to any Treaty for accommodation First when his Majesty wooed them to it from Nottingham then when the most substantiall Citizens petitioned for it at London Againe when in Iuly last the Lords remaining at Westminster did Vote for it when the major part of Commons then present did entertain the first motion of it when the many poore People and the weaker sexe did offer up strong cries and teares for it yet so potent was the prevailing party of the Common-Councell of London of Master Pennington's election and therefore at his devotion as not to spare their greatest Patriots all their former service could not protect their names or persons from the rude hands and ruder tongues of those enemies of Peace from whom the poore Petitioners found such barbarous entertainment as pitied me to see I take no pleasure to remember Nor need I mention the many gracious overtures from his Majesty that have been spurned at and rejected since That which most irremoveably pinnes the Faction upon the Covenanteers sleeves is their entering into such a League as this with Forreigners which they would never have purchased at so deare a rate had they confided in the native Forces of our own Kingdome Besides the very ground of the Contestation decides the Controversie The Covenanteers fight for Subversion of the Lawes and Government established his Majesty as by their confession he is bound to do and his other Subjects for preservation of them Say then who are the Faction Whether they who willingly submit to all Lawes now in force and are ready to pay equall obedience to all such as shall be established in a free Parliament or they who not onely deny obedience but vow to extirpate the present Lawes and Government CHAP. IX That many particulars vowed and intended by the Covenant are simply and absolutely unlawfull HAving already demonstrated the iniquity of the Covenant upon such generall Heads of Discourse as by sound consequence doe inferre no lesse I proceed to the proposall of such other particulars as are found primâ facie without any help of deduction immediately unlawfull in themselves I. Such is the maine matter of the first Article if not of the whole Covenant The alteration of Religion in England and Ireland Which if it were false and erroneous as it is falâ—ly suggested to be yet being already setled by standing Lawes in both Kingdomes such as the King is sworne to defend as much if not more then any other for any Subjects by force of Armes to goe about to introduce
an alteration however veiled under the specious title of Reformation is a thing not onely directly contrary to the positive Constitutions of these Kingdomes and without warrant or example from divine Law but utterly against Scripture Reason the practice of the true Church of God in all ages the very nature of Religion it selfe and the common principles of civill Policie I might for methods sake parcell this Section and shew first that all force for Religion Secondly that all force against the King is unlawfull But because I find both swords united in the present undertakings of the Covenanteers I shall not divide them in my discourse 1. First That to labour the advancement of Religion by way of Force contrary to established Lawes and the Prince's will has no warrant by way of command or approbation from Gods word must be taken for granted till those who are otherwise minded can shew the contrary and will be needlesse to perswade if we prove in the second place that it is against expresse testimony of Scripture Our Saviour a professeth his Kingdome is not of this world and addes for then would my servants fight Which words as they evince that it is lawfull for Subjects to fight at the command of their temporall King for the maintenance of his wordly Estate so doe they insinuate that Christs Kingdome being Spirituall cannot must not be advanced by temporall Armes b The weapons of our Spirituall Militia are not carnall but Spirituall We have no command from Christ our spirituall Head to kill and slay the common enemies of our Religion but contrarywise to c pray for our persecutors not to resist evill Perhaps upon the same conceit oâ— Gods glory and advancement of their Religion they persecute us as we Vow to extirpatâ— them St Paul out of the abundance of Zeale d {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} did at first e persecute the Saints of God yet not without f authority from the Magistrate and therefore his case was different from this of the Covenanteers and he obtained pardon it was a sinne then because he did it ignorantly Our Saviour left it not untold to his Disciples and in them to the Church g that the time would come that whosoever killed them would think he did God service those very murtherers had the glory of God for their ends but that could not excuse their actions Heu primae scelerum causae mortalibus aegris Naturam nescire Dei They were truely ignorant of those meanes which God requires for the advancement of his Kingdome h These things they will doe because they have not known the Father nor me He will not have the i tares extirpate out of his field the Church till the time of harvest and by the proper reapers k M. Nye in his exhortation to the Covenant has made choyce of a text sufficient to break the neck of it He bids us be zealous as Christ was to cast out all he never cast out any by fire and sword but let us doe it in an orderly way and with the Spirit of Christ whose servants we are l The servant of the Lord must not strive sure then he must not kill and slay but be gentle to all men I hope Papists and Prelates may passe for men apt to teach not to inforce Patient not violent in meeknesse instructing not in fiercenesse consumeing destroying extirpating those that oppose If Seditions Tumults Insurrections Rebellionâ— must goe current for Discipline and Order if the takeing up of Armes defensive or offensive be a worke of patience and meeknesse if the Spirit â—f contradiction be more conformable to the Spirit of Christ then that of suffering the Lord be Iudge for amongst men great Authors are produced on both sides The cheife Covenanters m call it a Spirit of slavery and n advise all to make use of that defence which Nature teacheth every man to provide for But God in Scripture teacheth no such matter o he commands every man to be conformable to the image of his Sonne if we suffer with him that we may be also glorified with him 3. Thirdly this course is against the nature of Religion it selfe For Faith the soule of Religion is an inward act of the Soule which all the Tyranny in the world that the malice of the Divell can invent or the wit of man exercise can neither plant where it is not nor extirpate where it is It is the guift of God freely begotten in the hearts of men not by threatâ— and terrours not by tortureâ— and Massacres but by the quiet still voyce of the word preached Sâ—adenda non câ—genda And therefore St Paul though a lawfull Governour in the Church flatly disclaimes any p domineering power over the Conscience Aâ— for the outward profession of Religion neither is that subject to Force and violence A man may confesse Christ and his Faith in him as freely in bonds as at liberty as gloriously upon the Crosse as upon the throne Feare indeed may incline a weak conscience to dissemble his opinion but cannot constraine him to alter it Fire and Faggot are strong arguments of a weak cause undeniable evidences of cruelty in those that use them but slender motives of credibility to beget Faith in those that suffer by them Lastly for the externall free and publique practice of Religiouâ— duties that I grant may be restrained by the outward violence of man but when it is so it is not required by God who never expects to reap what he did not sow 4. Fourthly it is against the constant commendable practice of the true Church of God in all ages The Saducees thoâ—gh they denied the Resurrection and many other Truths in Religion were tolerated in the Church of the Iewes and our Saviour convinceth them by strength of argument not of armes The example of Christ and his Apostles is beyond all exception worthy our best imitation When many of his Disciples did apostate he used no violence to reduce them but mildly said unto the Twelve q Will yee also go away When the Samaritans who were of a different Religion neglected to entertain him because his face was towards Ierusalem the place of the true Worship he sharply r rebuked those sonneâ— of thunder who would have consumed them with a shower of fire When Peter thought to have defended him by force against a suddain assault made by the servants of the High Priest the Ministers to execute an unlawfull command but imployed by the lawfull Magistrate who by destroying the Master had no other intention but to extirpate that Religion which he had planted he commands him to s put up his sword for all that take the sword though it be in defence of true Religion yet if it be against the command of the lawfull Magistrate shall perish by the sword And as himselfe was content to suffer an ignominious Death upon
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 baâ—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 soulâ— 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
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 Forceâ— 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 trueâ— 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 lâ—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 whoâ— though it
wch in confidence of their loyalty he brought upon himselfe And if they shall refuse ever to consent to an Act for Dissolution as unwilling to part with that Paramont power which they have now possessed themselves of whether is the King and Kingdome left without redresse or may it not be lawfull for him to resume his ancient Right Especially considering the House of Commons did d professe to the Kingdome that the restraint of the Royall Power in that particular was not to take it out of the Crown but to suspend the execution of it for that time and occasion onely which occasion is now over and the time long ago expired It is full time that the Bill for the Trienniall Parliament take place at least once in foure yeares if not those other two e Lawes for holding a Parliament once every yeare If they be still in force what hinders but they may be put in execution Nothing but the rigid interpâ—etation of that clause in the late Act which requires that this Parliament shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose Yet Custome or Desuetude are allowed to prevaile against those very Lawes which are made with speciall provisions that no Custome or Desuetude shall prevaile against them Suppose all the Members should be taken away by death before any Act passed for the Dissolution of this were it not in the Kings power to call another Parliament because the Act for continuance of this is not repealed Those two former Statutes of Edward the Third though never repealed yet were as good as void by disuse When Paâ—liaments in that Kings time were made so frequent they became a burthen to the Subject and therefore it was found requisite in the Reigne of his Successour to make a penall f Law to inforce the Members to obey their Summons And I finde in the g History of those Times that the Clergy granted a Tenth and the Laity a Fifteenth to the King upon condition that he should not call any more Parliaments within the yeare Scilicet à Calend. Mart. usque ad festum Sancti Michaelis anno revoluto The non-observance of which condition is objected to that King So farre different was the opinion of those dayes from these of ours concerning annuall or perpetuall Parliaments Though all former Statutes are repealed by the later even then I suppose in judgement of Law when there is no speciall mention made of any Repeale and notwithstanding the former require to stand unrepealed unlesse it be by speciâ—ll Act. Which clause may be thought of as little use in this case as that we meet with in â—ome of our Statutes which pronounce themselves perpetually to be observed notwithstanding any Act of Parliament made or to be made to the conrary this will not protect them against a future alteration or repeale Yet I will not affirme that the Act of Pacification though it was made since the Act against the Dissolution of this Parliament is an Act passed to that purpose however there be something in it that may be applied that way For it buries in forgetfulnesse not onely all acts of hostility which might be conceived to arise upon the comming of the Scotish Army into England but all Counsels having relation thereunto that the same and whatsoever ensued thereupon trenching upon his Majesties Honour and Authority be held and reputed as if no such thing had ever been thought or wrought It is too apparent that the former Act for continnuance of this Parliament trencheth very deep upon his Majesties Authority and had a very neare relation to the businesse of Scotland being obtained for the more easie raising of money towards the payment of the Scots and concluding a firme peace between the two Kingdomes Besides there is a speciall proviso in that Act of oblivion that it shall be no prejudice of the brotherly assistance promised to the Scots which assistance was agreed on by Act of Parliament but no proviso for saving any other Act incompatible with this and we use to say Exceptio firmat regulam in non exceptis But where the words of the Law are ambiguous we must not presume to fasten our owne sense upon them but submit to the Declaration of the Law-giver the King who by the advice of his learned Councell without calling a Parliament may expound the Law where it is doubtfull as his Predecessours h have done in other caseâ— It is further observable that the same Statute which sayes this Parliament shall not be dissolved sayes also it shall not be adiourned unlesse it be by Act of Parliament to be likewise passed to that puâ—pose Yet we know the two Houses i did and lawfully might adjourne themselves from Westminster to London without any Act passed to that purpose Why then may not the King command them at least their chiefe Committee to adiourne from that place where they now sit to some other of more safety where all the Members may freely meet and consult If the freedome of the place be so necessary to all Councels that the want of it hath been ever objected and that justly as a nullity to all their proceedings and in particular the supposed Designe of bringing an Army to awe the Parliament or any attempt of force against the Members have been truly k declared an endeavour to pull up by the root and totally to subvert the Parliament and to tend to the destruction of the very being of Parliaments if the want of freedome and safety be truly l declared a thing inconsistent with the nature of that great Councell Then undoubtedly so long as Westminster does not afford security and freedome to the Members so long no true Parliament can be there which should be as free from apprehensions of force as from imputations of Faction I would willingly learne but I cannoâ— finde a Teacher wherein the Fundamentall Lawes of the Land consist For if the taking away the Kings power to dissolve adjourne or prorogue Parliaments be against the Fundamentall Lawes m then no Statute makes it good Now whether the perpetuity of a Parliament do not tend to the alteration of the Government and so be against the Fundamentall Law whether the forced exposition of the late Act against Dissolution extending it beyond the time and occasion for which it was made do not make it as good as perpetuall Whether this do not make way for the finall ruine of all Parliaments in case the City should be surprised by an Enemy the King or Members all taken away by Death before any Act be passed for Dissolution Whether for defect of an Act it may not be dissolved by Ordinance by the same Fundamentall Law by which this new Oath is imposed whether it be not good in reason yet it must be good in Law that a Body Politique may decree by what death they will die by Act by Writ by Ordinance by