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

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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 o●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 toler●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 di●charged that Oath will serve to fetch off any Ordinance o● Lords and Commons commanding this That a new Oath cannot be imposed without an Act of Parliament was a Truth so undoubted
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 Family● 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 ●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 respe●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 contra●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 ●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 etiam●i persuaser● 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 Parliament● be● 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
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 Fai●h through which we hope by the mercy of God for the salvation of our soules who have b●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 H●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 ●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 Ki●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 inf●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
have right to any thing here below but clearly conceives a heathen Emperour may be as lawfull a Monarch as any Christian Prince And I shall sub●ect this reason to it because Temporall Dominion respects men as they are men in a civill politique capacity not as they are Christians Papists Protestants of this or that Religion We need not fetch precedents from forreigne Countries the approved practice of our own Kingdome will confirme us in this Truth After the death of Edward the sixth when the Protestants could see nothing in Qu●en Mary but what threatned ruine to their persons and if it were in her power to their Religion too yet they never questioned her right of succession to the Crown because she was a Papist Nor did the Papists upon that ground oppose against Queen Elizabeth in the first Parliament of her Reigne If it be needfull to adde any examples from Scripture we shall there reade that divers Kings of Israel were Idolaters h Solomon Am●ziah Manasseh Amon and though the i Law was punctuall that Idolaters should be put to death yet we shall never finde that either the People did or the Prophets exhorted them to attempt any thing against the Persons or to withdraw their Allegeance from the Government of those idolatrous Kings This present Oath then is in that particular injust because it provides not for the safety but implicitly vowes the destruction of his Majesties Person in case he be thought obnoxious to Popery Prelacy Superstition Heresie Schisme or Profanenesse all which the Covenanteers sweare to extirpate without respect of persons VIII Those Malignants or evill Instruments whether truly so called or falsely suspected must all be brought to their triall and receive punishment as the degree of their offences shall require or deserve or the Supreme Iudicatoryes of both Kingdomes or others having power from them for that effect shall iudge convenient So as though the supposed offence of a Malignant do not deserve to be punished with confiscation of his Estate with death or bands yet if it require it or if the Supreme Iudicatory what that meanes I do not question nay if any inferiour Iudge delegate from thence shall thinke it convenient be the crime what it will never so small never so great be the Law for punishment of it never so expresse all this is not considerable these Iudges are not tied to any rules of Law but convenience If they thinke fit the killing of a thousand men shall be lesse capitall than the cutting off a dogges necke Treasonable words against a worthy Member shall be severely punished but against the King they shall passe unreproved What though there be lesse justice there is more convenience in the killing and sl●ying all such as are made Delinquents by Vote then in discouraging such as are Traitour● by Law For any Iudicatory to arrogate a power of punishing offenders meerly as they shall judge convenient and condemning them because they will though the degree of the offence do not so deserve is most tyrannicall and injust and to delegate such a power to others as they cannot challenge to themselves is to propagate injustice for convenience sake In this Covenant such a power is pretended to be due to some and deriveable upon others and all the arbitrary exorbitant sentences which either those supreme or these delegate Iudges shall thinke fit to passe all the Covenanteers sweare to endeavour CHAP. X. That the Covenant is repugnant to those generall ends for which it is pretended to be taken HAving dispatched the Efficient and Materiall we proceed to examine the Finall Causes of the Covenant which are set down in the Title and Preface to it they are we confesse very good in themselves but such is the nature of the Covenant that the taking or observing of it is either inconducing to or utterly inconsistent with those proposed Ends and therefore unlawfull I. The first maine End is pretended to be here what in Truth should be the supreme End of all humane actions The glory of God However some seduced Zelots may have an actuall intention of referring this their Oath to that End yet the thing in it self being incapeable of any such relation there cannot be a greater profanation of Gods Ordinance or indignity offered to his Honour than the abusing of his Name to unlawfull acts Uti Deo ut fruamur mundo They who least reckon of his glory are most ready to make use of that pretence All the Popes Bulls thundered out against Princes did ever begin as this Covenant doth with a Nomine Domini Having before our eyes the glory of God There is nothing more certaine then that the sinfull devices of men do not conduce to the glory of God II. The next generall End is said to be Religion pure Religion a common cloake for Rebellion in all age Saepius olim Religio peperit scelerosa atque impia facta The Sicilian Vespers the Massacre at Paris the Gun-powder Treason were all forsooth pretended to be for the advancement of the Kingdome of Christ for the Reformation and Defence of Religion By which I suppose the Covenanteers understand the true Protestant Religion in opposition to Popery Yet I am confident this course of theirs tends more to the advancement than extirpation not onely of Popery properly so called of that Pope which every man has in his own belly but even of Romish Popery and serve● rather to confirme that Antichrist in his Throne then any way to weaken his force I am quite of another minde then a M. Henderson had the Pope of Rome knowne what was done that day when he made his Speech at Westminster it would have made his heart dance for joy to see the Protestants mutually vowing the destruction and extirpation of one another Hoc Ithacus velit This is not the way to unite our selves against the Common Enemies b who are the better enabled by our Divisions to destroy us all When Beares and Lyons goe together by the eares it is victory to the sheepheard if both be destroyed We are now doing that of our owne accord which the Pope with all his arts and industry could never bring about He prayes for the continuance of our Warres as the establishment of his peace with that old Roman Maneat quaes● duretque gentibus si non amor nostri at ●erte odium sui Quando urgentibus Imperii fatis nihil jam presta●e fortuna maj●● potest quàm hostium discordiam They who in cold bloud pronounced the peace and quiet of this Kingdome to be the c onely visible meanes under God to preserve the Protestant Religion if ●hey now sweare no peace but utter extirpation Iurata nepotibus arma sure the care of Religion is the least thing that troubles them This then is one meanes whereby the Covenant advanceth Popery confessed and visible our distractions amongst our selves there is a second more close which I doubt the Iesuites and other Emissaries
be in Gods Cause will not worke but for their wages and to enhanse those they may pr●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 Vly●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 Bo●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 ●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 incon●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 alread● 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 comm● 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
their differences and so long as we hold to one immoveable irreformable Rule of faith as Tertullian calls that short Creed Cat●ra iam disciplin● conversationis admittunt novitatem correctionis And if the nearest coniunction be not possible sure it is not nece●sary i● 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 Bu● 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 tha●to arrest or detaine any Member of the Commons House without first acquainting tha● 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 sa●e custody till he may be brought to the Parliament It will conc●rne the Serjeants to be informed in what moneths this Priviledge i● 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 person● 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 infinite● 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 noy●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 hi● 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 Covenan● 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
{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 Messenger● 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-hou●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 Parliament● 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 Master●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 fal●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 ●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 setl●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 ●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 c● 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 tha● they had placed over them one that was made Priest by a Lord Bishops Ordination● 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 giv● 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 Engl●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 Go● 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 Clergy●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 neith●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 on●e devoted to a Sacred use cannot without S●criledge be converted to a prophane To which purpose I sh●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 de●ermination of an English Parliament 25. Edw. 1. Which declar●s that lay men they speak of them●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 diss●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 A●●ichristian and Malignant and so they were fairely possessed of these they care not whether those sink or swim If the
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 sh●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 beg●n by force of Armes● 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 exper●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 h●ve posterity in this he never dyes Now for his Spirituall happinesse it must be granted the many injust provocations frō 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 impu●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 con●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 men● power who under pretence of defending have already destroyed whatever had the face o● 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 Crowne● 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 Ki●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 far●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
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 Governm●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 King● 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 t●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 concer●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