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
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
to obey but sweare disobedience themselves and require the like of all others if this be not what is it â—o absolve every man from that obedience which he owes under God unto his Majesty The same Authours told us at the same time g We do here declare that it is farre from our purpose or desire to let loose the golden reines of Discipline and Goverment in the Church and leave private persons or particular Congregations to take up what Forme of Divine Service they please for we hold it requisite that there should be through the whole Realme a Conformity to that Order which the Lawes enjoyne If the reines of Discipline be not now let loose amongst the Covenanteers in whose hands are they If private persons and Congregations be not at liberty what Law does restraine them If there be any new Forme and Conformity established when was it enacted Where may we finde it It will be said though they have abjured Episcopacy h yet they intend to consult with Divines about setlâ—ng another Forme most agreeable to Gods Word most apt to preserve peace at home and unity with Scotland If it were not against the Law of God to rob the Church of all Government as it is against the Lawes of this Kingdome to abjure the present Forme yet may it well be thought to be against common Policy to endanger the safety as we have forfeited the Peace both of Church and State by endeavouring to introduce a new Government not yet known of what stampe it is nor what effects it may produce To forsake all ancient and beaten pathes Et nova ancipitia praecolere avida plerunque fallax ambitio est Great care has been taken for the culling out of such Divines as were most likely to comply in their desires of innovation many moneths have they sat a consulting and are yet as farre from agreement as when they first met If no Forme must be setled but such as hath a concurrence of those three forementioned conditions it is probable there must never be any setled at all What is most agreeable to Gods Word next after Episcopacy may be thought not most apt to preserve peace among so many different Sects at home at least not most apt to preserve unity with Scotland The Scots are resolved their Forme and none but theirs is according to Gods Word i jure divino and perpetuall And the Members at Westminster were once of the same opinion or willing to make the Scots believe so when they told them k they concurred with their own judgement touching Church Government If so what need had they to call Divines to consult Was it to be resolved in conscience whether they might lawfully tolerate what is â—ure divino and perpetuall Or they were resolved upon the conclusion but the Divines must finde out the premises Or which is most probable they never were nor yet are nor perhaps ever will be agreed upon any one Government though they all conspire against Episcopacy as most opposite to their private Factions For if we must have no Government but such as shall please the major part of the Members at Westminster whether they consult the Assembly for fashions sake or in sincerity we are likely to have none at all When Master Speaker shall put every particular Forme to the Question the maior part by reason of distraction in affection or opinion not concurring upon any one one by one they will all be voted out of doors For example Shall the Presbyterie succeed All the Independents all those that are affected to Episcopacy all that are enamoured of any new platforme of prudentiall Government by Lay Commissioners will with one voyce cry Not content And such like for the rest whatever Forme shall be proposed there will be three to one oddes against it Till this difference be reconciled if they will not pardon I hope they may be intreated to reprieve Episcopacy and till we have either found a better which we never shall or be agreed upon another Government Contenti simus hoc Catone IV. But will extirpation of Prelacy be sufficient to glut the malice of the Covenanteers Nothing lesse there is a clause in the Covenant which is younger brother to the câ— in the Canons of as large extent and more dangerous consequence For here they sweare to extirpate all other ecclesiasticall Officers depending upon that Hierarchie That is if they would speak plaine English all the Ministers in England that have been ordained or instituted by the Archbishops or Bishops or have been inducted into their charge by any Archdeacon I hope I need not yet presse the iniquity of this consequence but it is requisite I shew the truth of it And let the Countrey know that the most zealous Covenanteers in the City are composed of Brownists Anabaptists and other Brethren of the Separation who have constantly traduced the calling of our English Clergy as Antichristian l It is the 29th Article of their ancient Confession that not onely the Hierarchy but The Priests and Deacons of England ordained by Bishops are a strange and Antichristian Ministery and OFFICERS not instituted by Christs Testament nor placed in or over his Church Hence it was that when Master Ainsworth and his Company separated from Master Iohnson and his Church it grew to a Law suit betwixt them in Amsterdam who should have the house allowed them by the City for their publique meetings The Iohnsonians objected the other were Schismatickes and the Ainsworthians would needs prove those were Apostates that they had fallen from their first Faith particularly thaâ— they had placed over them one that was made Priest by a Lord Bishops Ordinationâ— and had not ordained or imposed hands upon him again contrary to their 29th Article as also against the 32d Article of their Confession which testifieth that all such as have received any of those false Offices of the Lords Bishops are to givâ— over and leave them The Authour of the Countermarch to Master Iames his Retreat endeavours to prove the Church of England a false Church and to deny some fundamentall points of Doctrine by this Argument because it denieth Christs Kingdome and Prophecy inasmuch as it appointeth men to prophecy to preach and administer the Sacraments by virtue of a calling which Christ hath not appointed for the calling of the Ministers of England is by the presentation of a Patron by the institution of a Lord Bishop and by the induction of an Archdeacon which are the meere inventions and devices of men Therefore the outward calling is false and humane wherefore as it was an errour fundamentall in Ieroboam's Church m that Priests were made after his devising so is it an errour fundatall and corruption essentiall to make Bishops Priests and Deacons which have a devised Office and forme of calling essentially differing from that which God left in the Church for the calling of his Officers and Ministers The Minister
must renounce his corrupt calling by the Bishop and enter by the true calling taught by Christ And let this be shewed by any Minister of any parish of Englâ—nd if you can If not then are they still not truly called so no true Ministers of Christ in regard of their calling I have laid down this testimony more at large that I might spare the producing of any more to the same purpose out of the Writings of Barrow Cookie Can and other Separatists with whom nothing is more frequent than to condemne our Ministery for Antichristian and to make it no lesse than Idolatry to serve Goâ— in and by such a devised Ministery How many Disciples these men have in London and how Orthodox this Doctrine is amongst the Covenanteers we may guesse in part if we call to minde Master Burton or who else was the Authour of the n Protestation protested He put the question to our English Clergyâ—What if the calling of the Ministery it selfe should prove a piece of popery And referred it to their consideration Whether they were able to prove themselves the Ministers of Christ lawfully called when all of them do immediately derive their Ministery from the Antichristian Hierarchy or Papall Prelacy as the sole foundation thereof This Doctrine found so much countenance even in those dayes that neithâ—r the book was thoutght fit to be censured nor the Author to be questioned though his Majesty complained of it more then once And whether the Independents to whom the Spirit of expounding is most familiar will not hereafter when time serves expound those words of their new Covenant All Ecclesiasticall Officers depending upon the Hierarchy according to their old wont of all the Ministers ordained by the Lords Bishops and what will be the consequents of such an exposition which I forbeare to presse let the whole Clergy of England and the rest of the Kingdome consider and beware V. To sweare or endeavour such an Extirpation of Bishops Deanes and Chapters as is aymed at by the Covenanteers is not onely unlawfull by the positive Law of this Kingdome but as in the highest degree Sacrilegious utterly against the Law of God To prove which I shall premise these undoubted grounds of truth First that it is y lawfull for any man to doe with his owne what he please so he doe not misemploy it to a bad end Secondly that by the Law of God any man may dispose of his meanes as well if not better for a pious use as the encouragement of Learning for maintenance of Religion to a Body Spirituall in succession as to his Heires or Executors or any secular Corporation Thirdly that by our Lawes the present Beneficiaries Bishops Deanes and Chapters c. have as true a propriety in their Church-means as any other person hath in his lay-Fee Fourthly that what is onâ—e devoted to a Sacred use cannot without Sâ—criledge be converted to a prophane To which purpose I shâ—ll not insist upon any testimony of Scripture as haveing been sufficiently done by p others but onely quote what will be in some mens esteem of more Force the deâ—ermination of an English Parliament 25. Edw. 1. Which declarâ—s that lay men they speak of themâ—elves as a Parliament have no authority to dispose of the goods of the Church But as the holy Scripture doth testifie they are committed onely to the Priests to be disposed off From hence I shall inferre First that ex plenitudine potestatis for a Parliament to deprive any one Bishop Deane or Prebend of his present maintenance whereof he is Legally possest unlesse it be by way of punishment for some personall delinquency is as high injustice as to dissâ—ile any other man of his free-hold without cause Secondly that though Bishops Deanes and Chapters c. saving the Right of propriety to the present Beneficiaries quo jure quâve injuriâ◠should be abolished for the future yet to convert their meanes from a Religious to a secular use contrary to the known intentions and will of the Founders cannot be excused from downe-right Sacriledge and would be the ready way to bring upon us and our posterity all those fearful execrations with which those lands were at first devoted to God and the Church and we should drink up the dregs of that bitter cup of Gods wrath and displeasure of which it is to be feared our forefathers supped too deep The Lords and Commons at Westminster in their q Ordinance for humiliation confesse the Idolatry and bloud-shed in Queene Maries daies to have a more immediate influence upon the destruction of this Kingdome For which to this very day was never ordained such a solemne publique and Nationall acknowledgement of those sinnes as might appease the wrath of that jealous God against whom and against whose people with so high a hand they were committed I doe from my heart subscribe to this Confession But may I not adde from St Paul r Thou that abhorrest Idols Committest thou Sacriledge May we not feare that the Sacriledge of King Henries dayes cryes as loud for vengeance in the eares of the Almighty as the Idolatry of Queen Mary this may seem a transient sinne which dyed with her person but that is still intailed upon our Posterity And we have never had any Solemne Nationall acknowledgement of it or publique humiliation for it The poore Kirk of Scotland may in this be a patterne worthy our imitation s which enjoyned a generall fast throughout the Realm for appeasing of Gods wrath upon the land for the crying sin of Sacriledge It is not very many yeares agoe since a Learned t States-man of our owne observed the Lands of the Church did passe in valuation between man and man at a lower rate then other temporalties and he thought all the Parliaments since the 27 and 31. of Henry 8. to stand obnoxious and obliged to God in conscience to doe somewhat for the Church to reduce the Patrimony thereof since they debarred Christs wife of a great part of her Dowry it were reason they made her a competent Ioynture But we have lived to see them of another minde I pray God they doe not bring upon this Land the sad effect of that u ancient Prophecy an utter desolation by a forraigne ignoble Nation for our treason and contempt of Gods House That which * some of latter times did expect to see fullfilled upon us when they observed our sinnes like the iniquities of the Amorites almost full and ripe for judgement and told us the time was not far off I doe seriously perswade my selfe that not a few of our Covenanteers if the truth were knowne doe stomach more at the meanes then at the Government of our Church It is neither the calling nor the persons of Bishops or Deanes but the Bishoprickes and Deanaries that are Aâ—â—ichristian and Malignant and so they were fairely possessed of these they care not whether those sink or swim If the
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
be in Gods Cause will not worke but for their wages and to enhanse those they may prâ—tract their service so long till all our Treasure will not pay them and they who come to be partners will at last look to be masters Aske the Stories which will not flatter what was the event of calling the Saxons and Normans into this Land We have nothing to secure us from the like now save onely the innate candor and veracity of the Nation so much famed in their own and ours and forreigne o Histories Sic notus Vlyâ—ses But if the Scots should prove as honest as they are wise would there be any certainty of Peace among our English Covenanteers I conceive not Consider them of two sorts the one engaged out of conscience the other for politique ends For the first how shall so many different Sects be reconciled who are bound by their Oath to extirpate all Schisme They must fall to it pell mell the Presbyterians Brownists and other Separatists must fight it out It is not a Parliamentary Power that will restraine them The same principles which are produced now against the King will serve then against the States Their obligations are reciprocall and if their Excellencies faile in their trust they know what followes If any insolent demand of popular zeale be not hearkened to presently Ad arma Any turbulent Volero any factious Boâ—tefeu may set a City on fire but it requires paines and skill to quench it Quippè in turbas discordias pessimo cuique plurima vis pax quies bonis artibus indigent For the second sort of Covenanteers the Politicians though their stomackes be stayed for a while and the common enemy do yet unite them when he is taken out of the way those coales of dissension which can at this time scarce be smothered will then burst out into open flames Essex and Waller Manchester and Willoughby Denbigh and Purefey Brereton and Ashton will then try the strength of their parties The hopes of sharing the meanes of the Church and Delinquents Estates and succeeding in the chiefe Places of Honour and Profit in the Kingdome which now whets their swords against those that hold them if they misse or fall short of those hopes will set as sharpe an edge upon them against their new Rivals they must needs fall â—ut about dividing the spoile For the preferments being not equall in number to the Competitors some must be put by and perhaps those that are advanced will complain it is below their merits when every man shall set the rate upon his own Treason but a few will be satisfied This will beget new discontents and those will beget new feares and jealousies and these will require new Officers of State such as may be confided in and what Peace what safety is like to be in the end of all this Very little unlesse some of the Royall Race again as Augustus in the Roman State Cuncta discordiis civilibus falsa nomine Principis sub Imperium accipiat CHAP. XI That the particular Ends of the severall Articles are likewise inconsistent with the matter of them I. AS the whole Covenant is either inconducing to or inconâ—istent with the generall Ends for which it is pretended to be taken so are the severall Articles of it to those particular Ends which are specified in them The Reformation vowed in the first by such a violent course as they now endeavour it we have alreadâ— proved to be no meanes but rather a hinderance to the growth of Religion and so to that Life in faith and love and cohabitation of God among us which is the End proposed to that Article The like violent Extirpation of Prelacy which is no sin vowed in the second is so farre from preventing the inconvenience there mentioned partaking in other mens sinnes that all who vow it are thereby guilty of sin much more they who attempt to do it in such a disorderly way and most of all those who by feare or threatening which is a morall compulsion force other men to enter into their Covenant who are either perswaded in conscience of the iniquity of it or cannot take it without reluctancy and doubting and so not without sin These men making it a touch of other mens affections and the refusall of it a pretence to spoile and plunder so causing them to sweare who if they do must forsweare are most properly and truly partakers in other mens sinnes II. Lastly their End of swearing the third Article to maintain the Rights and Priviledges of Parliament and the Kings Person and Authority is said to be That the world may beare witnesse with their consciences of their loyalty that they have no thoughts or intentions to diminish his Majesties iust power and greatnesse This is vain and impertinent for the world cannot see into their consciences nor judge of their thoughts and intentions otherwise than by their actions It is acknowledged by the Lord a Brook That Powers are God's Ordinances set over us for good and that Kingdomes certainly in holy Writ have more for them than any other Government But let the ius Regium be never so much by Scripture our King must be allowed no more than he can entitle himselfe to by the Law of the Land nor so much neither by the good will of the Covenanteers That the world may have some evidence to passe sentence upon we shall propose a few particulars wherein the Kings iust Power hath been diminished if not abolished by the Master-Covenanteers 1. The Kings of England have been anciently so fully invested in the Legislative Power that most of the Common Lawes we are now governed by do owe their creation or conservation to the meere mercy of the Conquerour Magna Charta was first granted by Henry the Third b of his meere free will c. Other Statutes which passe in number and have still the force of Acts of Parliament are directed as private Writs with a Teste meipso and the common stile of most others runnes in this strain The King with the advice of the Lords at the humble Petition of the commons wills c. The forme of passing Billes which is still observed is Le Roy le veult and Soit fait commâ— il est desire Hence some have collected that the Rogation of Lawes belongs to the two Houses but the Legislation to the King that their Act is Preparative his onely Iussive The Covenanteers have not onely diminished but d contrary to their Declarations utterly deprived him of this so iust so necessary a power without which he cannot performe his trust nor discharge his Oath to his Subjects For they e challenge him as bound to passe all Billes that shall be presented to him as for the good of the Kingdome whereby they do not leave him so much power as the meanest Cobler that gives a voyce in the Election or the Burgesse that is returned and sits in Parliament
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
incapeable of any benefit or office in the Kingdome Lastly the case in England and Scotland is not now the same the edge of those Lawes which were formerly urged against them is taken off by a late p Act of Parliament Whereas our Lawes stand yet in full force and no man can be assured but the King may one day recover so much strength as to put them in execution 11. The next Assertion being equally false is equally destructive to the foundation of this Covenant which is not as is affirmed according to the example of Gods People in other Nations which Text if we expound by q M. Hendersons Comment either of the Israelites of old or the Protestants in Germany and the Low Countries of later times it will but serve to set out the ignorance or impudence of the Contrivers It is true the Iewes made many r Covenants but none like to this For 1. All theirs were terminated within themselves they did not vow the Reformation much lesse extirpation of any Common Enemy Syrians or Babylonians of another Nation or Religion for which yet they might have a better colour then our Brethren of Scotland now have 2. The object of their Covenants was not like this of oâ—rs no pretended Priviledges or disputable Liberties in matter of State nor any conjecturall fancies or probable opinions in point of Religion but either an universall obedience to the whole Law or a more strict observance of such particular Precepts wherein they found themselves most defective 3. No one of their Covenants was ever sworne against the will of the Magistrate but alwayes at the personall command and example of their Supreme or at least subordinate Rulers not opposed but countenanced by the Supreme A circumstance which had it ever been omitted by them might have been thought lesse necessary in regard the matter of their Covenant was alwayes enjoyned by God himselfe Next for Germany we must remember that Countrey is of a much distant constitution from the Kingdome of England Many Princes and some Cities there doe not acknowledge the Emperours Supremacy as we doe our Kings yet never made any such Covenant as this against him The first and principall by the Protestants at s Smalcald was not of sworne Subjects against their Soveraigne but together with their Princes for mutuall defence onely not to offend any And their last Covenant in the Pacification at * Passan after much effusion of blood and the ruine of many Noble Families ended in this that no man should be troubled for his Religion whether Romanist or Reformed Lastly the highest straine that I meet with in any Covenant made by the Protestants in the Low Countries is no more then this t To defend themselves and oppose the Inquisition The never vowed to extirpate either Popery or Prelacy though the Prelates were of a different Religion but in some of their u Covenants bound themselves to preserve them and plead in their Petitions for the expediency of tolerâ—ting divers Religions in the same State Nor can I but admire the confidence of that Orator who would impose upon his Honourable and Reverend Auditors a thing so contrary to all experience urging the example of those Countries for extirpation whose constant and continued practice in the toleration of all Religions is almost without example If this be not enough to disprove the truth of this ground their owne Writers * M. Henderson M. Nye and M. x Mocket shall witnesse against it who with one mouth confesse this Covenant to be such a thing as they never read nor heard of nor the World ever saw the like It is not then according to the former practice of these Kingdomes nor the example of Gods People in other Nations Onely the Holy League in France which y some of our Covenanteers so much disclaime was so fully parallell to this in all circumstances that if I had leasure to confront them the Reader would say Bithus and Bacchius were not more alike I could with a wet finger out of the z Authenticke Histories of that League derive the whole pedigree and progresse of this and point out thence the maine Heads and particular insinuations of such Remonstrances and Declarations as ushered this Monster into the world Sed spatiis disclusus iniquis Praetereo CHAP. III. The unlawfulnesse of this 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 HAving discovered the grounds of the Covenant to be false we may well presume the superstruction it selfe is rotten and ruinous as will more fully appeare upon a strict survey of all its causes and ingredients First in respect of the Cause efficient which is the parties covenanting swearing vowing and inter-leaguing one with another the unlawfulnesse of it does appeare in this that it is made by such as are or should be what they professe Subjects all living under one King not onely without any leave obtained or so much as once desired but contrary to the known will and expresse command of this their lawfull King and that in such matters whereto his consent and approbation is necessarily required without which they could neither lawfully take it at first nor after his dislike is made known to them ought they to persist in it so as to hold themselves bound by it though the matter of it were in it selfe otherwise just and good For without controversie the parties Covenanting as to some parts of this Oath are as much subject to their supreme Head the King as the daughter to her father or the wife to her husband I shall not here need to question whether the King be Minor Vniversis it will serve the turne if he be Maior Singulis for in this Oath every man sweares for himselfe as a private person not in any publique capacity If then by the a Law of God the vow of the daughter or wife was so farre in the power of the father or husband that he might confirme or cancell it as he pleased and God refused to accept of it from the woman unlesse the man to whom she was subject did ratifie and allow it Vpon the same ground of subjection though the matter vowed in this Covenant were not otherwise unlawfull yet being such wherein the parties vowing are and ought to be subject to the King it is in his power to irritate their Oath to declare it void and null and if they persist in it they sin 2. This shewes the Covenant to be unlawfully taken but much more unlawfully obtruded upon others as a new solemne Oath which they have no authority to impose that do it The same Engine by which they dismounted the late Canons and diâ—charged that Oath will serve to fetch off any Ordinance oâ— Lords and Commons commanding this That a new Oath cannot be imposed without an Act of Parliament was a Truth so undoubted
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
Religion against the Civill Lawes and will of their Prince whosoever has a minde to rebell may do it upon the same pretence and ought not to be questioned by any humane Authority for though they do but pretend Religion yet is it impossible for any Iudge to convince them of such pretence not can any thing be urged in defence of the true Religion which may not be made use of by a false II. The extirpation of that ancient Government by Bishops which has obtained in England ever since the first plantation of Christianity in this Nation to which we principally owe the Reformation of that Religion we now professe of which none have been more zealous more able propugners than our English Bishops who by their constant preaching of it their learned Writings for it their pious living in it and patient dying for it have sealed unto us that pretious Faiâ—h through which we hope by the mercy of God for the salvation of our soules who have bâ—en the Founders or most eminent Benefactours of most Churches Colledges Schooles Hospitalls and other publique Monuments of piety and devotion which have rendered this Nation so famous abroad and so magnificent at home Of whose Government all the Clergy of this Land have testified their solemne approbation at their entrance into holy Orders and to whom all beneficed Ministers have sworne obedience at their institution and therefore it was b M. Bagshawes Argument if ever they assent to the alteration of this Government they are really periured Which Hâ—s Majesty and all His Royall Predecessors at their Coronation have by a more particular and solemne Oath vowed to protect which God himselfe by extraordinary blessings from Heaven as King c Iames of blessed Memory did acknowledge has approved and ratified Which by the Catholique consent of the Churches of Christendome both in Asia Africk Greece Russia and other parts of Europe that never acknowledged any subjection to or dependence on the See of Rome hath been constantly embraced and the oppugners of it universally branded for Heretiques which in most of those few Churches that want it by their best and ablest Members hath been frequently desired which of all other formes has undoubtedly the best title to Divine or Apostolicall Institution Against which nothing is or ever could be justly objected but the humane infirmities and personall failings of some particular men from which no Government is or can be totally exempt If it be not unlawfull to sweare the Extirpation of this Government so deeply rooted by the fundamentall Lawes of this Kingdome both Common and Statute as Monarchy it selfe or the new-named Soveraigne Power of Parliaments cannot pretend to be built upon a surer foundation let it be piously and prudently considered whether the same Engines by which the Covenanteers would subvert the Government of the Church will not be of equall â—trength and fitnesse to pull up the Government of the State Suppose neither King nor Bishop were of divine Right certainly Parliaments are not Suppose both Kings and Bishops faile in the performance of their trust is there no expedient but the Government must be abolished Sure it is not impossible for Parliaments to be guilty of a like defailer must they be exposed to the like justice No Bishop no King is granted to be an old received truth by d one who was none of the best friends to either Government When I consult with history and experience and behold the example of some Neighbour Nations I say no more but Vestigia terrent A strict account must one day be given for every drop of Christian blood that has been shed in the common Cock-pit of Europe these fourescore yeares last past III. If it were as certainly true as it is prodigiously false that Episcopacy were an Antichristian invention and therefore fit to be abolished yet it would concerne our Reformers to provide us of another Government before they take this away If Christ did indeed prescribe one set Forme to be perpetually and universally observed in his Church and Episcopacy be not that one as we contend it is let our adversaries first agree amongst themselves what it is and we shall then know how to proportion our conformity to the authority and reasons of those that enjoyne it Or if it were left at large in the power of the Church Catholique or particular to ordaine what Forme she shall think most convenient we still demand who that Church is and what that Forme must be here in England In the meane time this is certaine in it selfe and generally acknowledged on all hands an absurdity so grosse as cannot fall into the imagination of any Christian that Christ should at any time be thought to have a Church without any Government or that it should be in the power of any man I doe not except a Parliament to extirpate the present and so leave the Church voyd of all Government I e read indeed of a Law amongst the Persians that after the death of the King there should be a five dayes Cessation of all Law and Government {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} that the People by that want might learne to know what a great blessing it is to enjoy the Kiâ—g and the Law As the end was good so in a civill State the thing was not injust But in a Church the case is quite otherwise The time was when the House of Commons took it for an imputation cast upon them by Malignants against whom they remonstrate to the Kingdome in these words f They infâ—se into the People that we meane to abolish all Church-Government and leave every man to his owne fancy for the service and worship of God absolving him of that obedience which he owes under God unto his Majesty whom we know to be intrusted with the Ecclesiasticall Law as well as with the Temporall to regulate all the Members of the Church of England by such rules of Order and Discipline as are established by Parliament Were that House now turned Covenanteers I should say those Malignants if they were bad Counsellours were good Prophets Is not all that a present Truth which is here laid down as a false aspersion When the Government by Arch-bishops Bishops Chancellours Commissaries Deanes Archdeacons and all other Ecclesiasticall Officers is according to the tenour of this Covenant utterly extirpate if all Church Government be not taken away let them shew us what remaines if every man be not left to his own fancy for the service of God let them say what other rule the Covenanteers have to walke by while they are in expectation of a new Directory If the rules of Order and Discipline by which the Bishops did governe under the King be established by Parliament and no other so much as pretended so to be if his Majesty require obedience to these Rules according to those Lawes with the execution whereof next under God he is intrusted when the Covenanteers not onely refuse
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
make as much use off to the seducing of weake soules Namely that the Covenanteers here in England have left as to themselves no visible Church no knowne rules of Doctrine no set forme of Government and Discipline and therefore they begin in London to erect new Church-Societies according to every mans fancy and humour This is false for the maine ground for as our King so our Church is still the same Nun quam obscura nomina licet aliquando obumbrentur Both under a cloud in some places but though they doe not shâ—ne in their full lustre yet are they not so darkened but any may see them who doe not wilfully shut their eyes against them I must not repeat what I have proved already that this Reformation intended to be brought about by the Covenanteers as it is already begâ—n by force of Armesâ— raised by Subjects against the Law to which they owe and the Prince to whom they have sworne Obedience is a thing not onely unwarrantable as contrary to the word of God the nature of Religion the practice of the true Church in all ages and the experâ—ence of former times but even against the rules of prudence and civill policy III. The third End proposed to this Covenant is the Honour and happinesse of his Maiesty and His posterity Where the King must of necessity be understood in a personall not in a politique capacity for in that onely he can be said to hâ—ve posterity in this he never dyes Now for his Spirituall happinesse it must be granted the many injust provocations froÌ„ these Covenanteers have afforded him sufficient matter of Christian patience and meeknesse for which he may expect a more eternall weight of glory in the heavens having on earth had so deep a share in that Royall virtue Bene facere malè audire But how farre their former actions and so in likelyhood their present intentions are opposite to the personall Honour and temporall Happinesse of His Majesty let them speak and the world judge If d whatever violence be used against any that exercise the Militia cannot but be taken as done against the Parliament by the same reason whatsoever is done or said against those that execute His Majesties Commands he cannot but take as done against himselfe much more those aspersions cast upon His Answers Messages Declarations Proclamations and other avowed actions of his owne tend immediatly to his dishonour The scandalous e impuâ—ations upon his Government forged in the same shop with this Covenant the defamations and invectives against his Person suggestions against his sincerity in Religion if not countenanced never punished though often complained off were these to his honour The seising and detaining of his Townes Forts Magazine Navy Houses Children was this for his Happinesse Directing their Cannon more especially against that part of his Army at Edge-hill and Newbury where his Sacred person was knowne to be was this for his Safety If these things be dishonourable in themselves it matters not by whose command they were done that does not alter their nature and make them cease to be so Whether their thoughts of his Children and Posterity be so full of Honour as they here give out we shall be glad to know by their fruits hereafter and unlesse those reveale themselves to the contrary shall not further question the truth of their pretensions IV. The fourth End of the Covenant is Liberty The common frontispeice to all popular Rebellions Libertas speciosa nomina praetexuntur nec quisquam alienum servitium dominationem sibi concupivit ut non eadem ista vocabula usurparet What a precious conâ—erve of publique Liberty what a sovereigne Antidote against any growing Tyranny this Covenant is like to prove which is principally enjoyned for the support of those menâ— power who under pretence of defending have already destroyed whatever had the face oâ— Liberty by anunheard of Tyranny may be easily discerned by presenting some few of their exorbitant invasions upon the Common Libertie of the Subject I am unwilling to be ever bearing upon that harsh string the Liberties of the Clergy which by the f Lawes of this Land are none of the least Suffering the People to abuse the Bishops that they might complaine and then punishing them for complaining turning them out of those walls where they had sate ever since there was a Parliament in England usurping the power of the Convocation in refusing to passe such Subsidies as they had freely granted and imposing others upon them without their consent Determining without and against their advice in matters of Religion and Ecclesiasticall cognizance Substituting in their place other Factious Spirits neither chosen by the Clergy nor approved by His Majesty dispersing printed Tickets inviting all men to accused them and publishing to the world the most odious extracts of those accusations before any proofe made of them or the parties appeared to their answers a thing as full of scandall to the Religion of the accusers as of injustice to the parties accused Fineing Imprisoning Sequestring and depriving them without any due processe of Law all these and more I could presse but if the Liberties of other Subjects have been preserved entire I am content the Clergy suffer We have been informed at large by the g House of Commons wherein the Liberties of the Kingdome consist and how they were infringed before this Parliament If there be any particular mentioned by them wherein the Covenanteers have not equalled or exceeded all former pretended violations from the Crowneâ— let our sense of the present confer with our memory and experience of the former times and freely pronounce whether that Remonstrance had more of History or of Prophecy Those distempers which before assaulted never till now over-whelmed and extinguished the Liberty Peace and Prosperity of this Kiâ—gdom nor weakened and undermined the foundation and strength of the Royall Throne The forced Contributions upon the Propositions are executed with more cruelty upon refusers then any moneys formerly taken up by Commissions of Loane The Petition of Right and Priviledge of Parliament have been insufficient to protect either other Subjects or the Members of that great Councell from fines Imprisonments without baile or Habeas Corpus from triall of some and Execution of others by Martiall Law Tunnage and Poundage are received h contrary to an Act made this present Parliament without any colour of Law or precedent to warrant it Shipmoney and Monopolies are revived under the new name of Excise to the value of many thousand pounds a moneth A thing on their part so odious and illegall that they who now impose it did once seem so farâ—e to detest it as to put out a Declaration i calling it A scandall raised against them by Malignants Not onely private interest but Publique Faith has been broken by them in neglecting to pay the Scots according to agreement employing that and the money raised for reliefe of Ireland
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
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