the whole Kingdome In severall his Messages returned unto their Propositions he repeats and confirms the same judgement of and concerning their full and ample power being lawfully summoned and by a Law consented unto by himselfe in full Parliament Not to be dissolved unless by their own consent Notwithstanding which severall attempts of force and violence were offered as far as his and his parties power could extend it self to the dissolving it by contending to divide and scatter them accusing the remaining part of the Members sitting in the House at Westminster of being Rebells so being divided to account no other of the Parliament at Westminster than he did soone after the Pacification made with his Scotish Subjects of the Parliament in Scotland terming them h The divided Members of that distracted Parliamentary Body remaining at Edinburgh So that as to the Parliament of England it must be confessed that he meaned not what he expressed in allowing to them that lati-tude of Power and Priviledges or that his Party hath since prevailed with him to renounce that judgement which he declared to have had of them That the contentions at the first sitting of the House were upon the point about matters of fact what things were done what projected to be done How the King and his Ministers of Justice had demeaned themselves since the beginning of his Reign how many oppressions of severall kinds had been offered by them how they had offended against the known Lawes in an Arbitrary way of Government which being disputed by all men as they conversed together or within themselves a Division could not be avoided but must break out into contrariety of Opinions and Affections consequently into Partyes and Engagings as their judgements should direct some likely to adhere unto the King contending to make him Absolute to doe whatsoever he pleased others contending on the other hand to have him govern according to the Lawes as bound by his Oath the result from out the differences betwixt them both could be no other than for the one Party knowing what of late had passed to endeavour a redresse to consult a remedy against the like Exorbitances withall that there was no other visible power in being to emulate and check a King 's except a Parliament's i the Power and Priviledges of which Court in Rivalship with the Kings have been many wayes manifested in the actings and contestings betwixt their powers In the present contention betwixt which it is not so much what hath accidentally fallen out in the progresse of this war as what hath been actually and intentionally attempted to be done which foments the quarrell or decides the controversy That this Parliament in contending to maintaine their power their friends and assistants against their enemies confronting them was by an high hand interrupted and opposed and if we take our Neighbour Nation the k Scots their judgment in the stating the occasion of this VVarre and the Enemies designe this Parliament was for no other reason called then to give the King relief and aid against their comming into England This the occasion of the League and union betwixt us and them On these and the like grounds they knowing what had been attempted against their Nationall Lawes and Rights foreseeing what the event was like to be in case they did not bear with patience knowing also in what condition the English at or near that time were what Declarations the King had published against some what severe courses he had taken against other Members of the Parliament of England which the Historian notes the dejected People were enforced to endure with patience and to allow against their own reason the Scots considering withall that if of themselves they made resistance without the aid of friends they were too weak a power that if they delayed their course for remedy too long their friends and strength might have been prevented and knowing before hand that there are but two remedies applyable to the approach of dangers Prevention and Recovery the first the right hand rather the heart of Policy the other the left and after-game They begun before any preparations made for or against a VVar with sending to the Parliament of England a Iustification of their proceedings intreating them to be wary in Vindicating their own Lawes and Liberties to frustrate the designs of those evill Counsellours who had procured this Parliament for no other end than to arme the King with warlike supplies against his Scotish Subjects and by that Warre to enslave if not to ruine both Nations that after many violations and dissolutions of Parliaments in England This was not to redresse grievances but to be so over-reached if they were not carefull and couragious that no possibility should be left for the future redressing any That so dangerous practises might be well suspected when at the same time a Parliament was denyed to Scotland although promised on the word of a King granted to England when not expected and obtruded upon Ireland when not desired The rise of all which was from the anger which the Scots knew the King conceived against them for some particular acts of theirs charged with Disloyalty as without recounting all other differences and jealousâ—es betwixt him and them That they refused and declared against the Messages sent them to receive the Service-Book obtruded on them for which as for vindicating themselves from the like charged Disloyalties they were accused by the King to have wrote a l Letter to the K. of France Imploring His Protection as weary of their Obedience to their owne King for which disloyall Letter as it was termed a chief m Peer of theirs was imprisoned and condemned to dye That the Pacification had and made to take away all differences past and which might ensue betwixt the King the English and the Scots by the prudent and joynt advice of a select Committee of English and Scotish Lords as to remove all jealousies betwixt both Nations was soone after it was made scoâ—ned and slighted the Scots then complaining in their informations made unto the English their Friends and Brethren of many injuries they had received since the Pacification made and contrary to that Agreement This was the condition of the Scots these the very words of their Remonstrance That the Union and Brotherly League entred into by both Nations was no otherwise construed than an Invitation in the one and invasion of n Forreiners in the other Nation and howsoever the Charge in the 7. Articles exhibited against the 5 Members of the House of Commons and one Lord of the House of Peers was laid to those few onely yet probably it had reached many other of the English Nation had not the first assault of violence in the Kings party miscarried as it did But wherefore were those Articles exhibited against those Members and the King attempt in an hostile array to seize their Persons in the House of Commons which when he could not effect
he was blamed by some of his neerest friends for not seizing some others in their stead as hath been credibly given out so that nothing was properly to be laid to the charge of those six when as the same crimes were to be fitted to any other in the House the Articles charged on them are elsewhere mentioned by a Gentleman who hath writen the History of the Parliament of England and those six Gentlemen charged to be Ringleaders in the committing severall Treasons but how justly in every designe and purpose there is some more activity in one two three or more than in the rest and every conpleated Act is first the conception and motion of some few individuall persons than the consent of the rest if the first motioners of such a designe shall for their forwardnesse without any advantage to themselves be therefore accused of Treason and in a violent way pursued and when their persons could not be met with others of their fellow Members were to be seized in their room it could not but strike at the root of the Subjects liberty the power and privileges of Parliament So many sad and direful notes could not but portend a War against one or both Nations as time and opportunity should best serve to manage the design in hand or else the Parliament knowing themselves to be a free and full Convention in all parts a Parliament both in the Substance and Form summoned by the Kings Writ to meet c. as in the circumstance of Time and Place must submit to the will and pleasure of an o incensed King so to be dissolved or awed at pleasure or to have Boundaries put upon their Acts and Counsels by such as they knew to be corrupt and would have removed from the King to the end his Throne might be established which desire of theirs was on the other side counterpoised by a factiously framed and superstitious Maxime amongst his Favourites That if a King will suffer men to be torne from him he shal never have any good service done him So that in this Doubt and Perplexity whether the Parliament should Submit Desist or Act according to their Trust they thought it neerly and necessarily concerned them to provide for their own the Kingdoms safety for the publick welfare some of their Members being impeached and charged two Kingdoms provoked and mâ—naâ—ed the p Third also likely to bear a part in the broils of the other Two the King himselfe jealous and displeased to see the Parliament then at distance with him in transaction of matters concerning the three Kingdomes Petitioned and Appealed unto termed in an envious and scornfull way by some of his Party Omnipotent others murmuringly upbraiding that it was Idolized himself as it were neglected and left out none or seldome Addresses made to him which by the Author of the q {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} is with much indignation urged that some few of the Members of the House were more looked on as greater Protectors of the Laws and Liberties than the King and so worthier of publique protection Hence it was that the Parliament had a narrow path to tread between their hopes to regain the Kings lost favour after many evidences of his anger poured forth and their hazarding the ruine of those principles whereon they did first engage that they thus Acting knew well that their Cause was just their War defensive as was at the beginning of these Troubles by a r Gentleman of good abilities in an excellent Speech of his delivered to that purpose setting forth the Enemies series and succession of designes to interrupt the Parliament as first by awing and taking away the freedom of it by an Army then actually assaulting it and with the sword to cut asunder the onely Nerves which strengthens and knits together the King and People the People amongst themselves and the whole frame of Government in one firme and indissoluble knot of Peace and Vnity That the Parliaments taking up Arms was to defend onely to repell the force and violence practised by a few of the King's side at first afterwards to provide against the mischief which his Party heightned through rage against the Parliament pretence of Loyalty towards the King might severall wayes intend That their resisting his and his Parties practices was then judged and discoursed to be for no other end then to maintain their own just Privileges in order to the maintenance of the Lawes and Liberties of their Fellow Subiects that for these familiar Reasons here ensuing no man would imagine that they dâ—â— intend an Offensive Warre to engage the Subjects one against the other or the King against themselves An instance thereof may be fully seen in these particulars following I. First for that they could not but foresee that the consequences of a War falling ouâ— betwixt a People oppressâ—d a Court of Parliament provoked and a King displeased Å¿ Counsell and Duty on the one being recompenced with Indignation and Reproach on the other side would prove calamitous and sad but on which side the calamity would fall with greatest force fury very uncertain when as besides the two Parties immediately engaged one against the other a middle and Neutrall part worse aâ— wel in the t Kings Partyes accompt as in the u Parliaments would fall in as opportunity should serve II. That it being presumed the aim and Counsells of the Parliament and all men else â—â—ing for Peace and Justice a War once waged would hinder and destroy their aims produce more overtures for discord more fresh supplies for quarrelling in the prosecuting which many unexpected chances would fall out to increase the discord as in the controversies between man and man he who hath not been so forward and visibly active for them unto whom he did adhere as in every particular opinion of theirs concurrent with them shall be traduced and accused by them also for a Neutrall or an Enemy when as men not at all assisting have therefore been by the one Party convicted Neutralls and thereupon pronounced w Forsworne III. That amidst their hopes of conquering there would not be wanting discontented and seditious humors even out of their own first Party to traduce and vilifie their proceedings if not consonant to their particular humours and fantasies that those humours would be fed and animated by the first and common Enemy on purpose to divide and weaken the prevailing Power IV. That divers other consequences likely to result from War would prove harsh and irksom to a people born free and governed under Laws and Peace as that the Soldiery and prevailing Power knowing their own opportunity and strength would be apt to intermeddle with private Interests or at least the People would be jealous of it to the perverâ—ing Justice and trampling down the Lawes which in a time of Peace distristributes to every man his iust Right so that the people would not onely
Hominum for no other reason than that the People of the one are subject and obedient to the Will and Arbitrary Government of theirs the People of England pay a known and limited obedience by the Lawes which the King is alike sworn to keep by his practice in his own Person and by his power to maintaine it towards others as the People to obey The Lawes Customes and Constitutions of England as a b Noble Prince and Peer of France observes are of another Forme of Government differing from all other Nations some being Free-States others simply and absolutely Monarchies having Power and as they think also Right to inforce and conform all under them to slavery and vassallage XIIII That if the Parliament notwithstanding these attempts and practices against Their Power should prevail They would and must to keep up Their Power lay Taxes and Payments on the People who when the War did seem or was neer an end their complaint would be and that with repining and murmuring The War is ended the Taxes and Payments yet continued not considering that it is of as great concernment to keep as to gaine a Victory nor sensible of the quiet and safety which through the counsel and vigilancy of the higher Powers they doe enjoy and other Countries infested with the like Civil Wars doe want when as the Parliament in case of Their prevailing were to weigh withall the doubts and dangers attending Them the care jealousie and fears which no men but would avoid the troubles of and such as They must be subject to untill the Conquest be fully made the cares against the surprizall of their Enemy the Jealousie of friends proving false or falling off the feares of losing what They should gaine all these being passive more serious and anxious than the hopes of the adverse part Feares more deeply seizing and disquieting the Conquerours spirits especially whilest their Victory is accompanied with study and thoughts of mercy towards the Conquered hopes in the vanquished being more bold and active raising thoughts working still how to recover what they have lost XV Again They could not but consider that in a War with Them the King Their Enemy would have some of his Party fit and able to inveigh and declaim against Them as being Rebels for contending with him wherefore in case of the Parliaments prevailing untill a full Conquest made They being subject to the charge of Rebellion Treason and accused thereof as by several Edicts and Declarations published it hath fallen out and that the King with the help of his c Chronicler hath in a continued tone named Them the Rebells at Westminster Perjured and nothing since of pardon to assoil them from such guilt to repeale such censure could not but expect to be dealt with by their Enemies thirsting after Revenge and Conquest with Vices of as sharp an edge to revenge and wound as with Dissembling Treachery Falshood Perjury whilst the Parliament and their friends are in the state of Traytors as the Kings party counteth Them and nothing done by him to clear Them from such guilt t is held but just to recompence Treason with Treachery Forswearing with Forswearing and all held honest means in order to the chastising Rebells and good enough to be practiced against the Power of Traytors casting and scattering the seeds of those Vices even amongst the Parliaments own Friends to divide Them within Themselves to cut asunder the Tyes and Ligaments which should strengthen their Accord that being weakned they may be overcome at last So the Dissembling Fraud and Art which the Loser practiseth as his means of recovering his loss may teach the Winner as his means to keep what he hath got XVI That all disasters and evils whether Sicknesse Dearth or what Calamities soever happening through and by reason of such numerous bodies as an Army consists of what Enormities and Errors committed or suffered either in Church or State an Army can by their strength defend and justifie none daring to question them so all the evils and injuries done to be laid to the charge of the present power which Governs and Rules no better in the peoples account thence reckoning all the disasters of the war to flow not looking on the first occasion and Authors of the war Neither doth the peoples Regreet and Iealousie cease in this surmise for that moreover there are to be Agents and Officers belonging to and providing for an Army Receivers Expenditors Treasurers others too many to be here recited who in troubled waters will bring in to their private banke what is to be raised for the publique use and that the Warre and Calamities thereof are protracted through their corruption and privy gainings XVII That in a Battle fought which side soever should prevaile there would fall ouâ— enough to disturbe and divide the thoughts of either side the Conquered and Conquerour fears and doubtings in the Conquered whether they should wholly yeeld unto the Conquerour or entertaine hopes of recovering their losse againe Pride and Insolence in the Conquerours dividing them likewise into variety of opinions what course were fittest to be taken for their next atchievement the distractions thereof have sometimes overthrown an Army the Commander in chief being not at al times present nor his judgment at any time infallibly certain to direct and when a d victory shall be gained which naturally is proud and by Pride comes contentions emulations and variances in actions as well as in opinions the Conquerors strength would be thereby weakned and thence in danger to be lost XVIII That untill a compleat and full conquest made which could not be without much pressure and heavy sufferings on the vanquished without charge and payments layd on all Enemies Friends Enemies in being fined for their Delinquency Friends burthened by reason of their expence and charge in the publique service of providing for the common peace for the maintenance of the Souldiery and the like an Army was to be continued and maintained to prevent Insurrections here at home inroads and invasions from abroad that the Army was to consist of multitudes of Souldiers those multitudes would have their severall humours and opinions tending to divisions consequently to the destruction and ruine of the whole that without an extraordinary care to please and satisfie them in their demands there would be mutinying revolting and inconstancy in the private Souldiery for want of judgment to discern for what they fought XIX That if the Conquerours power should at any time abate before a full and totall conquest made he would be put to it what course to take to encrease it againe Forcing and Impressing men to fight in a cause so intricate as unto some it seemed then and for a long time controverted as this hath been would prove harsh and irksom and would meet with resistance in a people made and born free unlesse their pay and reward be answerable to yea beyond their meritings XX That in the confusion
what they fought about a form of Government which hath not nor can take root until the Warre which confounds and overthrows all Government be ended The direct and certain issue in the tryall of the first Contention betwixt the King and Parliament was Whether the King having by his Creatures actually invaded the Subjects Liberties the other differences in Church and State are collaterall accidentally emergent out of the grand Difference about the first and more principall viz. the Subjects Liberty The Court of Parliament should sit as Scepticks to look on onely without purposing or endeavouring to redresse the same or to be so confined in Their Consultations and Resolutions as their Enemies should prescribe or the extreamest of all be so driven to new Councels to extraordinary high and severe proceedings to courses seldome practised the passages and quality of the persons with with whom they had to deal being weighed withall as where the disease is imminently dangerous the mischief desperate the Cure must be answerable or the whole Body perish for want of a timely and prudent remedy to be applyed The Parliaments actions if therefore rigid and severe as to their Enemies if variable and uncertaine as to their selves may in these streights and exigencies whereunto they are driven and forced for safety be dispenced with It seems to fare with them as with Seafaring men in a boysterous Storme who are fain to steer their vessell which way they may best secure their Fraught and Charge sometimes Northerly sometimes plain North sometimes Northwest sometimes Northeast sometimes plain South sometimes North againe so from one cross point unto another having still the Harbour and End of their Voyage in their eye so with Them encountring with such uncertainty and variety of oppositions from their Enemyes yet all meeting in one Center to the subversion of their power and strength such Non-conformity dissention even amongst themselvs friends that They cannot yet Act within a direct certain and constant compasse to please all lookers on Their ayme and end notwithstanding may be one and the same the defence of the Lawes the peoples liberties and the maintenance of the supremest Law the Peoples safety yea Their Edicts Orders and Ordinances devised and made in jealous and troubled times cannot well be free from all exception Many of their adversaries being knowing and prudent men if their animosity and height of Spirit would give way to the exercise of their knowledge upon their consulting and conferring their observations to what they have known and read can no doubt frame exceptions against the Parliaments proceedings as the acute and more witty sort can deride and make sport at Them in their looser jests and Poems Neither will any man imagin that in the fiercenes and heat of preparations for a War when their chief thoughts of providing to assaile and to defend were most attentive and wholly taken up that then They could devise so punctually exact and perfeâ—t Laws and Ordinances as perpetually to bind or such as no specious Objections might be urged against the consonancy of some of Their late Ordinances to former and wholsome Lawes yet whilst their endeavours are to maintaine and defend the main Principles viz. God's Honour the Subjects liberty the one in danger to be born downe the other by severall arbitrary actâ— of power invaded and the Laws and Ordinances for maintenance of both by the same power made in-effectuall and neglected when the Parliament in defence thereof saw how They were interrupted in Their proceedings how compassed about with a potent Enemy surrounded with many advantages of power and policy to bend his forces against Them under the calumny of being Rebellious Subjects They were to provide alike how to preserve and secure by all possible means what he did attempt to overthrow wherein they could not tread so even and precise a way in making all their Acts and Ordinances as to be free from being quarrelled with that no Reasons might be framed and arguments raised by such as were likely to prove their adversaries against some of such Their Ordinances yet the intent and ultimate end of Their undertaking may be one and the same the preservation of the Lawes the maintenance of the chief and supremest Law the Peoples h safety wherein if They shall faile or not be able to make it good we know by some late years since experience how barbarously and cruelly their enemy's malice did shew it self against Them as being reputed Rebells in case he shall recover his power againe how a desperate Revenge added to will second his first and furious cruelty and to Crown his glory as for the better exalting his pretence he shall impute it unto Gods justice saying It is the Lord's doing it may be his suffering it through their divisions and it is marvelous in our eyes that he hath wrested the Sword out of our enemies hands and put it into ours for no man he will say can think that Rebellion as he takes it shall for ever passe unpunished thâ—n when he hath regained his Power he will not want Arguments from his own nor from a neutrall party siding with him upon his conquering to bring whom he pleaseth within the compasse of Treason and Rebellion to make the Parliament mens Persons and Acts his i sport and scorne those Proclamations of his lately accusing and proscribing many of both Houses of Parliament as guilty of High Treason with other Edicts of his to be revived those sentences and judgments seriously denounced against Them and Their proceedings the scoffs and flouts jestingly pass'd on the Parliament and Their friends and by the wiâ— and power of Their adversaries made good against Them whey They have lost Their Power which Power is visible yet Their strength not shortned the great difficulties the fierce conflicts which They have wrestled with the Revolting of Their Friends the multiformity of Opinions amongst Themselves might have have abated Their successe and weakned Their strength had not an Almighty hand supported Them amongst those difficulties never so many stratagems policies and falshoods practised by an Enemy to impaire the Parliaments strength to advance his own but that the God of Truth hath discomfited and dispelled them all in which whither â—he hath done it in favour to the justice of Their Cause or in his fore-knowledge of Their Enemy's malice to be avenged if he could have got the upper hand I leave to the judgment of the cryed up k Author who hath more fitly observed That Gods wise providence often permits what his revealed Word approves not then he hath suited his resembling of the Parliaments successes to prosperous winds filling the Sailes of Pyrates to iustifie their Pyracy when as the giving or denying victory and courage in the day of Battle is a more immediate and effectuall work of God's Almighty Power acting and taking an especiall care in the affairs of War The Reasons l offered against the Covenant
to be in it self Illusory as to the latter part of it by a precedent act of Parliament to bind and frustrate a future whenas a supreme and absolute power cannot conclude it self neither that which is in nature revocable be made fixed no more then if a men should appoint or declare by his Will that if he made any latter Will it should be void the quality of the Statute it self being considered as to the Imprisoning Fining some of the Kings Party for adhering unto for taking part with him against the knowne and fundamentall Lawes seem to be of no use to the present Quarrell betwixt the late King and the People that objected Statute seeming Temporary only whereupon the aforesaid Writer concludes with this Aphorisme that things that do not bind may satisfie for the timâ— But to returne to the occasion of this Warre how unhappily continued how easily the terms of dissention now in being are reconcileable how petty a difference there is betwixt the two Tenents of Independent Presbyterian is easy for any man to know who shal enquire into the quality of either of what growth settlement and extent they are the one the Presbyterian not ripe enough as yet to be established neither the times now fit to entertaine a fixt or established forme of Government to bind all sorts of men many having been left at liberty whether they have or will take the Covenant many who have taken it thinking themselves not obliged forthwith and in all parts to keep it having for some cause discovered since their taking set it aside The other the Independent a seeming rather then a certain abdication or totall renouncing all Government or for ever the Lord General and his army called Independents but why let them that call them so answer for it have solemnly p declared against such disorder and non-Government There are t is to be believed some adhering to the Parliament other of the same sort belonging to or having been of the Army that desire an independent and unlimited Power which neither derives its beginning nor receives its bounds from the Magistrate which kind of humour the Parliament neither q approveth nor admitteth of There are some besides styled Independents and many of them may haply desire to shake off that heavy yoake of Government which growne through the corruption of manners and indulgency of times into abuse exorbitancy and oppressings doth gall and heavily presse their Fellow Subjects necks not by an easy or ordinary course to be taken off yet the granting these proves not that the Parl. maintains or which is lesse allowes Disorder or Nonâ—Government in a Commonwealth the Division between them two Presbyterian and Independent was handsomely hatched and as cunningly carried on by the Common Enemy on purpose by Dividing to overcome them both or as is before observed it befell through their pride of Conquering The main and originall difference first in dispute between the Kings party and the Parliament's arose from matter of Fact which brought in this dispute or question amongst other things unto whose charge the Deluge of blood spilt in this Warre is to be laid The Parliament hath declared That it is to be lâ—iâ— at the King and his Parties doores For instance sake The bloud-guilty and horrid act of hindring the relief of Ireland whereby thousands of his Protestant Subiects have been slain which holds the three heretofore united Kingdomes in a languishing and sad estate even at this day the one divided against the other and many of the People of all three despairing to enjoy their former Pâ—ace the Parliament instancing First in his sparingly anâ— too late proclaming their Enemies Rebells when the Rebellion first broke out By signing Commissions to the chief Actors in the Rebellion r the Generall Assembly of the Church of Scotland sending unto him a serious Admonition to that purpose and charging him therein to be guilty of the shedaing the â—loud of many thousands of his best Subiects The Parliament of England their Commissioners at the Å¿ Treaty at Uxbridge urging as to the Warre in Ireland his disapproving the subscriptions of the Adventurers and Officers of the Army imployed for the relief of his Protestant Subjects there by meanes whereof the course intended was then diverted his making a Cessation with the Rebells which had it not been in the time of their greatest want and the Forces imployed against them not drawn off they might in all probability have been ere this subdued and the War even finished Instead thereof it is protracted That Kingdome having been by the prowesse of his t Predecessours kept entire united unto and a u Member of this State of England is by his and his Party's abetting it put into a Condition and even invited to invade and conquer This And what was wanting to be further acted by himself and his Councell is now set on and continued by his Party hindring the supplyes and forces sent over by the Parliament to reduce the Rebels raising and fomenting a new Warre between Us and the Scots to divert the Forces intended for the relief of Ireland that by a Warre with Scotland the English may be lesse enabled to prosecutâ— their design in Ireland That the Commissioners sent by the two Houses of Parliament for the better supply and encouragement of the Army in that Kingdome were discountenanced and commanded from the Councell there where the prosecution of the War was to be managed The Houses of Lords and Commons in the debate with the King about the Affairs of Ireland sent him word that his Message then sent to Them wherein He chargeth them with false pretences and a purpose in Them to divert large sums of money collected from the English from the proper use to which it was intended was an high breach of the Privilege of Parliament and upon that occasion They declare many particulars of their care for the reliese of Iâ—eland and the Kings hindring it Those particulars there expressed are as followeth They declare that this bloody Rebellion was first raised by the same Counsell that had before brought two great Armies within the bowells of this Kingdome and two Protestant Nations ready to welter in each others blood which were both defrayed a long time at the charge of the poor Commons in England and quietly at last disbanded by Gods blessing on the Parliaments endeavours That this designe failing the same wicked Counsel who had caused that impious Warre raised this barbarous Rebellion in Ireland and recommended the suppressing thereof for the better colour to the Parliaments care who out of a fellow-feeling of the unspeakable miseries of their Protestant Brethren there not suspecting this horrid Plot now too apparent did cheerfully undertake thâ—t great worke and doe really intend and endeavour to settle the Protestant Religion and a permanent Peace in that Realm to the glory of God the honour and profit of his Majesty and security of his three Kingdomes
they pretend the Authority of the Word and whatsoever conceipt is begotten in their heads the Spirit of God to be presently the Author of it when as learned and judicious men in whom the Lord hath put wisdome and understanding to know how to worke all manner of worke for the service of the Sanctuary like Bezaleel and Aholiab refuse much of the stuffe which is offered them Scripture is given to all to learne to teach to interpret only to a few It is the voice of God confessed by all that the sense is Scripture not the words it cannot be therefore avoyded but that he that wilfully strives to fasten some sense of his owne other then the nature of the place will beare must needs take upon him the person of God himselfe and to be an indicter of Scripture No Scripture is of private interpretation There can be but two certaine and infallible Interpreters of it either it selfe or the holy Ghost the Author of it it selfe doth then expound it encouragement to the Study and Increase thereof by their favour and respect shewn unto the Universities and Colledges where it is most properly to be acquired and had for which they were instituted at first and are renowned equally to the best Seminaries of Learning throughout all EUROPE the Parliament having for the c most part exempted them from any Charge or Tax for raising mony towards this War by giving way unto and placing painful and sober Governours in the severall Societies of the Universities to reduce them to their former temper of acquiring Learning and good Manners that what the fury and fiercenesse of the War was likely to demolish and destroy is yet recoverable by the care and industry of their Governours that whereas there is a Disproportion and Antipathy between Science a soft milde and tender habit and a War a privative and destroying judgement there is yet by Gods blessing left a possibility and meanes of a regresse from a Warre and Garrison of Souldiers in * one of them to an acquisition of Sciences and Learning Neither doth the Parliament for ought we see neglect or disesteem the Universities or other Seminaries of Learning or take away the Endowments of Colledgeâ— as their Enemies give out in that some of the most learned of the Schollers there are dispossessed of part of their Estates for their disaffection or because that able men of the Universities and elsewhere are sequestred for a time by reason of their constant prejudice and ill will against the Parliament and their Proceedings the Parliament knowing such to be Interested and not long since seasoned by the Enemy Garrisoning in one of the Vniversities and devising yet to contrive their overthrow to let in the King's Power againe They could not be ignorant of the discontent and envy borne towards Them by divers of the more ripe and learned of the Clergy to see the Church Preferments and Dignities which they aimed at to be taken away how apt withall to engage the younger sort of Schollers in this their Cause by seasoning them with the same leaven of Discontent without considâ—ring that what was bestowed and instituted at first by Pious d Founders for the encouragement of Learning study and good uses many of them did betray to Luxury and Ease which the Parliament not knowing how otherwise to correct or moderate and foreseeing such Corruption to be so incorporate into their Prelaticall and Caâ—hedrall Calling that amidst these oppositions and distractions threatning the ruine of Three Kingdomes occasioned chiefly by reason of a corrupt and Prelaticall Clergy as the e Estates of 2 of the said Kingdoms have observed They knew no other remedy to be applyed then to alienate those Endowments to dispose of them to other uses The work of Reformation being in hand and Preaching the Gospell the instrumentall means thereof no man will judge such an emulation or ill-will to be in a prudent Laity intending to Reform towards a learned Clergy the means of Reforming that the one should discountenance or bring down the other the Clergy such as the Apostle would have them be Blamelesse have h Remonstrated and Protested for the contrary Rather the Kings Party with the Presbyterians most adhering unto him now seem to give way to many practises tending to Irreligion although not directly and immediately unless by those of the Popish Faction yet remotely and consequently whilst they so earnestly contend against the opposite Party called Independents that they would rather submit unto a Turk or Jew then to be mastered by that Party for the Presbyterians weakning them and themselves also by striving each with other help the Enemy into a Power to subvert that which some of the Kings Party have heretofore aimed at and hath been the first object of this Quarrell Religion The Emulation and Discontent of which Parties the Kings and those of Presbyterian grows out of a fear to be overcome Adversaries convinced are prone to Revenge and Envy and that appears from the judgement and censure the Kings Party have passed against the Parliaments in the punishment had the Kings prevailed they would have condemned them to for of the moderate sort of the Parliament and their Friends they hold them unskillfull i vulgar spirited weak and seduced men for siding with the People as they term it and their Multitudes the more eminent active sort Traitors Periured All yea the Neutralls too for not offering to defend the King according to the Oath of Allegiance the Parliament Party having a more moderate and milde judgment of the King's knowing many of them restlesse and implacable as yet judging others mistaken onely misapprehending the Cause in hand or to have been led away through ambition aspiring thoughts to adhere unto the King whereupon they have accordingly passed by the Errors and Transgressions of the Kings by an easy mulcting them giving way unto their enjoying their Estates and Fortunes so that if the judgment at the first had been no worse no more rashly and erroneously passed against the one then it was against the other Party the War had soon been ended and a Peace restored By the Kings Parties large extenâ—ion of which Oath in not offering to defend the King they may bring many within the compasse of Perjury the King holding himselfe bound to maintaine the Lawes by his Supreme power to tâ—ke vengeance on evill doers without which he may think he bears the Sword in 〈◊〉 as the Subjects are to their Allegiance the obligation is reciprocall as the two Houses of Parliament when allowed to be and styled by the King himselfe a Parliament with an unanimous consent observed in their Message sent unto him else-where recited in this discourse if the King may dispence with his Oath from which the Author of the k {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} presumes to discharge him as that the Author is so far from thinking the Maiesty of the Crown of
then what the Apostle enjoyns Let every Soule be subject to the higher powers for there is no power but of God the Powers that be are ordained of him and whereas they have enacted and declared that all men in Offices of trust and qualified shall promise to be true and faithfull to this Commonwealth wherein they live and from whence they hold and enjoy their welfare requiring afterwards a Subscription and Engagement of Fealty unto the Commonwealth as it is now established without a King or House of Lords the peoples subscription thereunto is no more if small matters may hold resemblance with greater then Tenants of a Mannour unto a Lord thereof unto whom without disputing the Right and Title they promise their present Fealty If the Lord unto whom they have heretofore done Homage be disseâ—sed by a stronger then himself take it either of Right or Power the Tenants are to pay their Homage to the Lord that is It is not to the Power already past or that which is to come but to the powers that be unto which Subjection is to be rendred The name as the Office of a King hath been an ancient continued and supreme Title before and since the Conquest his single person subject yet to Passion Error Faylings through which he may more expose his Kingdoms unto dangers then a Councell of Parliament can well be thought to do A Parliament hath been a discontinued and intermitted Court howbeit of l Supreme Authority and Honour within the power of any wicked or impious King if any should happen to reigne to be held on or dissolved at pleasure untill by a Law Enacted by the late King's consent This was not to be dissolved unlesse they pleased Wherefore the People leaning rather on the one the King being of a setled Being and who could Reward or Punish at his Will then on the other the Parliament of a more unstable Being and heretofore Dissoluble at the pleasure of a Prince the Parliament judged it fittest to take away his Power and Office lest by vertue of such Power he might Dissolve Convene at pleasure and so Awe their next Convention as to Repeale and make Null the Laws and Acts of this The Inconveniences may be many discovered by their prudence which the state of Common-wealths in a Monarchy may be subject unto when Princes in their Usurpingly Absolute and Monarchicall estate abusing their Power Trust and Liberty have become Tyrants over the Lives and Liberties of the People assâ—ming moreover so much unto themseves or having been flattered by their Creatures to believe That they are Gods on Earth as some of the Roman Emperours did arrogate unto themselves That their Power is so vast so Soveraign that the People were ordained for their behoof to doe and pay Obedience in whatsoever they shall Command not the King for the m Peoples good That Kings were accountable to none but God for whatsoever they doe as of late 't was threatned That the Kingdome hath its Power and Being from the King when as a grave n Divine by his Reading proves That the King hath his Power from his Kingdome therefore his Authority further illustrating upon the point That howbeit Power and Authority be tearmes sometimes confounded if distinguished makes clear the matter for Authority is a Right and Lawfulnesse to command Obedience such as all Governours and Magistrates have more or lesse But Power is a lawfull ability to force Obedience where upon command it is denyed One may have a just and lawfull right to command that wants a compulsive power to restrain from committing sinnes as to enforce mens duties Others may have strength to force commonly called Power that wants Authority to command and Power is that which in all Government bears the sway Wherefore in the Scripture Rom. 13. it is taken concretively for the Governours and Magistrates themselves which have Powerat Command to force Obedience to their Commands Now there is no doubt but the King hath full power to command according unto Law all such as are subject to him by Law But if upon command obedience be denyed whence hath he lawfull power to enforce obedience whence hath he power to make good his Authority but from the people he cannot have it from himsele being but one man To keep a strong guard of some of his people to impugne and force the rest must needs produce Commotions Insurrections and a civill War the * Philosopher and others who write of Policy will tell you it is Tyranny nor is such ability Potestas but Vis Violence not Power because unlawfull when Vis and Potestas or Vis and Jus doe clash and skirmish the consequence is dangerous To keep an Army on foot continually under other pretences thereby to affright and force the Subjects is little better therefore the Kings Power must needs come from his own Peoples hands and strength and from the same People must come his Authority If any other should give him Authority which were not able to make it good by Power it were given him in vain nor were the People bound to make that good which themselves gave not whence he hath his power then from thence he must needs receive his Authority even from the Kingdom Notwithstanding which admit what the Kings party would have That the Kingdome hath its Power or Being from the King that Kings as Nursing-Fathers are worthy of much honour yet where they lay waste their Soveraignty by oppressing their People by exercising a Tyrannicall Power over their Estates Lives where they embroyle their Kingdomes in such a War as the doubtfulnesse of the successe hath protracted it for many years the continuing it hath consumed the Estates and appall'd the hearts of most of his people no man knowing yet the worst and end thereof they cannot expect Power Being and Welfare from such a King The danger of the continuing therof consists in this That howbeit there have been heretofore Civill Wars betwixt the King and Subjects of this Nation none like to this consider it either in the manner for the beginning and continuance of it for the opposite and crosse Engagements even beween the nearest Friends between Brethren of the same Bloud betweene the Father and the Sonne between Equalls in all Degrees and Faculties Amongst some really and with vehemence pursued amongst others though opposite in judgement and opinion yet so linckt in relative affection each to other that their Actings and Contendings seem rather a mutuall agreement with their Friends of the opposite part to serve each others turne then a true and reall Discord to the end that which of the parties shall prevaile the Prevailer by such mutuall contract shall be able to helpe the Conquered And that which seems strange in the Quarrell the most unhappy to the protracting it is the Violence and Heat in many of the Opposites shewne in their contrary arguings and assertions one to the other as that the taking up
want the blessing of Peace but grow subject to the oppression charges and injuries incident to a VVar. V. The Parliament could not but foresee that in case a VVar were to be waged their own Countrey-men both Officers and private Souldiers must fight it out Souldiers of Fortune when they have gained will sometimes desist their undertakings and leave off the service VI That the English were unaccustomed to War and by reason of their easie and soft way of breeding not fitted to the discipline and managing thereof neither able to endure the hardship and duties of a VVar howbeit experience hath otherwise proved it VII That the English gallantry and their courage unacquainted with the conditions of a warfare and the temper requisite to a Souldier might make them upon every discontent as apt to Mutiny and Resist as fight VIII The Parliament could not but be sensible withal of their fellow subjects that the apprehension of Engaging would carry with it a sad aspect all men unwilling to and wary how they did Engage that if they did Engage the Engaging parties on either side when they see the face of a VVar inevitably approaching would and must for their better strength and union betake themselves to what Policy Pacts and Leagues they could Defensive and Offensive as to bind themselves and friends by Vow and Covenant which being to consist of severall Heads and Parts to be without much study or delay framed for fear of their Enemies gaining time on them could not be so exactly and entirely devised but might admit of a doubtfull sense how to be understood in part or in the whole so consequently divide the Covenanters within themselves IX That when they should have gained a power they must to maintain the same Engage and Enforce all men to acknowledge and conform unto their Power thence hazarding the repute and censure of becomming Usurpers over their fellow-subjects of exercising an Arbitrary and Tyrannicall power over the Peoples estates and consciences X. They could not but withall know that which side soever should prevail both sides would be losers the King and Kingdome vast sufferers in the losse as they in an humble and dutifull x Message although contrariwise interpreted did in the sadnesse of their hearts foretel the King XI That in this War the prevailing Power would be to seeke to carry an even well tempered hand how to deal with the vanquished their own Countreymen and mistaken fellow-subjects for 't was a Misunderstanding which first made the rent between them scorn to acknowledge and retract their Errour widened and continued it amongst which doubtings if they did inflict too heavy a punishment either pecuniary by Mulct or corporall by Imprisonment 't would seem unjust and harsh from the Conquerour being of their own Nation and keep off the hopes of reconcilement and re-union if too gentle and remisse 't would leave and allow the Conquered a power and means of recovering their power again XII That if the Parliament should in any degree prevaile there would want no Policy or Stratagems to disturb and interrupt their further prevailing all Falshoods Impostures Counterseitings Semblances of friendship of busines Commerce to be practised against them and their successe as by Forrein Tenders from abroad Private Addresses here at home all from the same dis-affected and troubled Fountain moved and stirred by the Enemy on purpose to divert their thoughts and counsels to retard and hinder their progresse and successe XIII That above all in the doubtful events of War as it was likely to fall out betwixt Persons offending on the part hating to be reformed and a Court of Parliament on the other chosen and set apart to redresse Grievances in a Commonwealth Offendors would apply themselves for refuge to the King a supreme Power whom if he did protect y making thereby the Offendors faults his own would without dispute revert to his dishonor and consequently begâ—t a Jealousie and Difference betwixt him and his People and if the Parliment should take ill his protecting them there would issue a Contest kindling and preparatory to a War thence if the King engaged and the Parliament resisted or fought they could not hope if they were subdued to avoyd the Charge of High-Treason nor think it an easie thing in the first beginning of their strength to prove Conquerours over a King seated a long time in an ancient Monarchy invested with many advantages of power and guarded with Courtiers Friends of all sorts Servants and Favourites all of which had their retinue also and traine of Freinds to assist in case of needing such Besides the King if resisted and opposed and thence a War fall out betwixt him and his subjects They could not hope soon or suddenly to overcome him but the War must be of some continuance the seat thereof in the bowels and best parts of the Kingdome nor to be onely an intestine War at home but forreign Forces to be expected from abroad for that the King to maintain his cause would endeavour to engage other Kings in his Quarrell to take part with him upon this suggestion That their Subjects by the example of his may doe the like how treasonable and dangerous a President it is for Subiects to rise in Armes against their King when as unto them who have known the state and government of other Kingdoms the case between other Kings and their Subjects is far different from This both in the manner and frequency of his Offendings as the Charges and Remonstrances of both Houses of Parliament published to the world have declared touching his actions and demeanour during or neer the time of his whole reign as also in the condition and quality of the Government of this Kingdom different by many Notes of distinction limited from all other throughout EUROPE all States and Kingdomes having their peculiar Laws Constitutions Forms of Government Degrees of Subjection in the Governed This having been no absolute but a limited and mixt Monarchy where the King was as a great z Lawyer takes his Dimension Singulis maior universis minor c. Wherefore if amongst other Nations our neighbouring a Kingdome by reason of the Commotions and Civil broyls in it shall as some of them do object That the Subiects of this having taken up Arms against the Kings Parties attempts and force have infected the Subiects of that Kingdome with the like disposition and designe of disobedience and rebellion 'T is answered the Government of That differs in their Laws Manners Constitutions and Policies as much from This as two Christian Kingdoms may in theirs and as to the matter of Freedom the old received saying mentions the different wayes of Government betwixt Us and Them betwixt the King of that Realm commanding on his part whatsoever he pleaseth and the Subjects obeying on theirs in that it is commonly said howbeit with too acute and bold a censure that their King is Asinorum Rex the King of England
Directory and Negative Oath are learnedly penned if as appositely applyed To the two first let the Scots maintain what they were the first contrivers of themselves yet thus much may be said on their and our part joyntly that the signification of the termes Tyrant and King being opposite although in m Homers time the word Tyrant was taken in the better part the one the desolation the other the n foundation of a people both Nations declaring and accusing the King of Tyranny neither of them could think that the frequent Petitions in the Common Prayer book for and in the King's behalfe were to be used by his people himself being in open arms against them The Common Prayer book was confirmed by a Statute Law in a Princes time who at the beginning of her Reigne having redeemed the protestant Religion out of the bondage of Popery and superstition did by her piety and prowesse keep her people in peace and plenty and therefore might deserve their prayers when and as often as the Liturgy prescribes The Ordinance for laying aside the Service book for enjoying the Directory is an act of their present Iudgment who have done it as the arguing against the Directory from Oxford is an act of theirs which they so represent as if their after-Iudgement and second thoughts might admit what for the present they have reasoned against who with a cautious modesty have argued and styled it their present Iudgment If positive Lawes be subject to alteration and repeale Ordinances which bind only for the present may likewise be so then a set form of prayer may be resumed and used according to the Orthodox and true Church discipline admitting also the most principall and necessary parts of divine service prescribed in the Liturgy So the Negative Oath That none shall assist the King against the Parliament and his People c. where a thing is commanded or forbidden by any Powers the withstanding and doing contrary to the command of such Powers is a transgression punishable at their pleasure and discretion whether it be by Fining Imprisoning according to the degree of the offence wherefore the urging Cap. 11. Hen. 7. seems not applyable to the condition of this present Quarrell for admit that neither of the three viz. The Covenant the Directory the Negative Oath be in the judgement of the Convocation at Oxford and of many others free from being excepted against as that neither the Covenant nor Negative Oath are to be imposed upon the Subjects yet the distinction being made between the times of Peace and these of Warre takes off from the value of the exceptions where two Parties are extremely opposite each Party striving to make good their Interest if the one may impose what Oathes they please as the Kings party did at Oxford to enjoyn all within their power whether satisfied in their Consciences of the truth therof or no to swear that he was a Just Pious and Protestant Prince the present Powers may enjoyne what they think fit in their prudence and knowledge of him to abrogate this latter Oath and to forbid the assisting him In the Convocation House at Oxford their examining the Ordinance for enjoyning all the Three particulars forementioned they should as wel have examined the Reasons of the Ordaining them they should have premised and stated the occasion the beginning of the Warre how it came to be waged by whose means on which side the Offensive on which the Defensive was For to measure the thing enjoyned by the particular events by the subsequent and emergent actings as what hath since fallen out what hath been done what required to be done is no good or adequate rule had the matter occasioned been more suitable to the occasion their exceptions against those Ordinances had more availed their Cause The urging the transgression of a known Law viz. the 11 of Hen 7. 18. That none that shall attend upon the King do him true service shall be attainted or forfeit any thing fitteth not this present case neither do they who urge the same rightly examine the occasion and ground of enacting it the Parliaments imprisoning fining their Enemies is no transgression of that Law if rightly and formally understood and wherefore t was made The reason of enacting that Law is to be weighed It was not with the late King as with Henry the seventh the late King had no forraigne or domestique VVarres none stood in Rivalship with him for his Crowne he came in Peace and by a lineall succession to it when that Law was made in the eleventh of Henry the seventh his Raigne and after his conquest made many the like Lawes were made in severall Parliaments from his first comming to the Crown in relation to the security and attendance upon his person meeting with a Rebellion in the Kingdom of Ireland mutinous and male-contented Subjects in the Kingdom here ready to bid battell to him the Parliament called when that Law was made therefore styled by a learned o Writer a Parliament of Warre being indeed in substance a Declaration only of a War against two potent Kings Charls the eighth of France Iames the fourth of Scotland two Neighbouring Enemies of Henry the seventh and then enacted with some Statutes conducing thereunto as the severe punishing mortpayes and keeping back Souldiers wages by their Captaines the like severity for the departure of Souldiers without Licence strengthning of the Common-Law in favour of protections for those that were in the Kings service and setting the gate open and wide for men to sell and morgage their Lands without Fines for alienation to furnish themselves with money for the War and lastly the voyding all Scottish men out of England So the reader may observe wherefore that Statute so much urged against this present Parliament and on the Kings behalfe was enacted which also the aforesaid Writer judgeth to be more just then legall more magnanimous than prudent his reason was That it was both agreeable to reason of State that the Subiects then should not enquire of the Iustice of the Kings Title or Quarrell as also to good Conscience that whatsoever the fruits of War were the Subiects should not suffer for their obedience besides it did the better take away the occasion for the people to busie themselves to pry into the Kings Tytle or Quarrell for that however it fell their safety was already provided for withall it could not but greatly draw unto him the love and hearts of his people because he seemed more carefull for them then for himself the Writer excellently disputes the quality of that Statute setting forth the reason for the inconvenience against the making it observing also that it did take off from his party that great tye and spurre of necessity to go Victours out of the field coâ—sidering their lives and fortunes were put in safety and protected whether they stood to it or ranne away concluding the force and obligation of the Law
either side then these foure above-mentioned The Convocation house at Oxford urging a violation of that Statute 11 Hen. 7 before recited and in page 31 of their Book viz. that None that shall attend upon the King and do him true Service shall be attainted c. therefore requiring the people by vertue of that Statute to assist the King contrary to the Negative Oath imposed by the Parliament in these words That I will noâ— directly nor indirectly adhere unto or willingly assist the King in this Cause or Warre against the Parliament nor any Forces raised without the consent of the two Houses of Parliament The words assisting him are made use of only without the termination or qualification how or on what termes neither the People nor the Parliament the Representative of the People in Henry the seventh his time would have made or consented to a Law made noxious to themselves If Henry the seventh had severall wayes oppressed his people and afterwards taken up arms to maintaine his oppression the Parliament would questionles have forborn the enacting such a Law the Title whereof especially relating to the doing the King true service wherefore unlesse true and lawfull be contradictory terms which no man will suppose that Statute was not so fitly applyed in opposition to the Negative Oath Neither doth the Objectour takeing out only the word assisting and confining it to such a contracted sense as may serve his turne satisfie the impartiall Reader weighing and examining the tenour of the Statute and wherefore it was enjoyned But to the Reasons of the Presbyterians and their parties deserting their first judgment if so they have it may be rather judged to be a fencing and tryall of wits in an argumentative way of discoursing only then any setled revolting from their first opinion They are well read in the good mans Character who will not be afraid for any evill tydings his heart standeth fast and will not shrink untill c. which suiteth well with the beginning of their Covenant That they will sincerely really and constantly in their severall places c. Sincerely and Really that is with all truth and faithfulnesse Constantly which is without defection or falling off on triviall dissentings in judgment and opinion The Arguments they have lately taken up against the residing part of the Parliament and the Army the maintainer of their power and next under God the preserver of our Peace are none of the more eminent sort of the Presbyterian Parties nor like to theirs rather from a more willfull and weaker sort The House of Parliament being grown thin by their first dividing is by the Presbyterians deserting it become more thinne the more weake it is through their defections the more need it hath of being supported by their returne As for the Force which they and their sub-divided Party urge to be offered to them by the Army their Servants an high affront and breach of Parliament Privileges both parties Presbyterian and Independent seeme to be forced alike though not in an equall degree of strength and number yet in a strict and closer tye of Policy and Prudence by and through an extream and inevitable necessity for the preservation of themselves and their fellow Subjects neither they nor any of their party can devise or act a means how to sâ—ttle such a course as may prevent a totall confusion or the overthrow of those who have already prevailed by the Sword Nor to Still the common Enemy and Avenger but if he being hard driven should by Treaty or other unsafe way of setling a peace have prevailed he had been left at liberty to do his pleasure in Treaties or like wayes of Parleance what security could he have given or would he have kept commensurate to the safety and welfare of many thousands engaged in this quarrell to the avoidance of those dangers and jealousies administred by him The example of Henry the third of England is memorable for his complyance and giving way unto a Treaty his signing Articles to perform the Treaty but when he had by that recovered his power againe kept none of them But to the Presbyterians Arguments and their paralleling the Kings offering a force to six members of the Houses of Parliament to the force offered unto the eâ—ected and repulsed Members by the Army the King might by an usurped authority break in and do whatsoever he pleased to grieve and vex whosoever should not submit to his will to exercise a regall power above the Lawes from assuming unto himselfe by a strong selfe conceipt an unlimited Soveraignty transcendency of Might in nothing to be resisted to awe and force this present Parliament and all future Parliaments in case he had any purpose to summon any more to his beck as t is probable Not long after by the like menacing and imperious Act of Proclaming those Gentlemen i Traytors who either obeyed not or refused to conforme to his present will There was no necessity but his sole will to force all those who complyed not with him to save and rescue his creatures from the hand of justice and whether there be not now a stronger necessity then before the great and universall engagement of many good and deserving men let all men judge In that the Presbyterians take it ill that their servants so the Army stile themselves should force their Masters they are not simply and precisely servants immediate many of them their equals as being Members of the same Parliament and Commanders and Officers in the Army the private Souldiers commanded and led by them or the Army relatively unto Them as Iurors in a tryall of Right at Westminster before a number of Iudges for so the Parliament are although the resemblance holds not adequately as to an Army and to a Iury Let a Mayor part of the Iudges incline or direct which way they please yet an upright Iury will find according to the evidence in being The evidence in this case is the certainty of knowing and recollecting things past the foresight of things to come which induceth them to bring in such verdict as may render all things iust and safe for when it shall happen to be debated which ought to be prefered The Privilege of Parliament or the safety of a Kingdom every one can judg which ought to sway the Ballance Againe admit 〈◊〉 Army to be their Servants yet properly they are servants unto those from whom they receive their pay that is from the Kingdom and the Representative thereof neither from the Presbyterian nor Independent party In a mixt and joynt Government where more then one commandeth and a mutuall consent had betwixt the Governours that the People to be commanded shall obey the discreeter party they mutually consent that the people shall be directed by the wiser of the two there it is left to the Election and discretion of the people which of them to pay obedience unto It skills not in a governing and politick
body consisting of many Ruling and all consenting in the maine which is the Major part or which is to be obeyed unlesse that Major part will do the work themselves without the help of those whom they do employ that part rather it should seem most fit to be obeyed which acts and endeavours without respect had to the Majority in the more prudent watchfull and safe way so t is no disobedience or affront offered by their Army where obedience may be dangerous to the obeyers to the Parliament Party of what kind soever and Their adherents The Quarrell is not between a power of a momentary and slight concernment on the one side and a vanishing and light obedience on the other but a long and throughly controverted contention between two Powers upon the issue whereof the safety and welfare of the two Kingdoms doth rest and besides that on which the Correspondencies Observations and Commerce between Them and most Forreigners throughout the Christian World looking on the passages of our Affairs and giving Judgment thereupon depends It may seem as the design is driven on a Contention tripartite handsomely devised and with a great dexterity of wit carried on by the common Enemy in that some of the Kings Party prefer the Presbyterian before the Independent some the Independent before the Presbyterian k haâ—ing both yet they give good words unto and comply with the more discontented and weaker party untill by their cunning Artifice they overcome them also so in this Leger de main and sleight of wit blow the coals of Dissention betwixt them both those of the Presbyterian can look for no other then Polyphemus his courtesie to be of those last to be devoured The Presbyterian out of zeal for the maintenance of his Cause not foreseeing what danger might befall by his Dividing fondly conceives that either the War is ended therefore he may now safely Divide from those with whom he heretofore hath joyned or that his Cause for the Covenant sake is so good that to maintaine his Tenent he sticks not at the endangering himself and his Friends nor that the Enemy having his Friends and instruments up and down in all Corners of the Realm will and can keep those two partyes now in difference at that distance that they shall not be able to joyn their Forces again to conquer him where it is not meant to involve all Presbyterians in the same Tenents or Intents Counsells and Affections for 't is to be believed there are a considerable party amongst them who rightly apprehend the true state of the Controversie between Us and the Scots and cannot but foresee that a compliance with the Scots as matters now stand would prove pernicious to the English Nation as well to themselves as to the Independents so termed for notwithstanding any pretended difference betweene them they cannot well avoid the danger of joyntly suffering if by their Dividing the publique and common safety be deserted Besides as to the major and minor part of Members sitting in the House or secluded or voluntarily absenting themselves from the House so that the greater number are absent as the Presbyterian reckoneth he must take heed of that Objection least he open an old wound long since salved up through Gods blessing on their successe and that Objection be made use of against them all of both Houses and against that Authority whereby they have at any time acted since the Contention first began betwixt the Kings Party's claim to their Parliament at Oxford and the Parliament Party's claim to theirs at Westminster For if the Kings Party did rightly calculate their Numbers which were in both Houses of Lords and Commons l 258. either personally sitting or absent upon imployment for the King that number exceeded that of those sitting at Westminster so that the Argument for the maior part of the number of Members Presbyterially affected and that way Covenanted against which viz. the Covenant the King friends have learnedly as yet unansweredly m argued is no safe or prudent Argument at this time to be used however the Covenant and the Reasons for keeping it are abetted and seconded in an elaborately written Letter by the London Ministers least they helpe their first and common Enemy to rowse an Objection which hath a long time slept for the maintaining their Parliament at Oxford For by the way had those Ministers employed their pains in answering that Book first which indeed was worthy of and required an Answer to have cleared the Question their Letter might have been better credited and more universally received which Book had it come sooner to the publique view and before the universall entring into the Covenant many had been drawn for the reasons therein expressed from taking the Covenant The Ministers in that their Letter much insist on the Protestation taken May 1641. wherein the Protesting is for the maintenance of the Kings Honour Person and Estate yet the End at which all matters of weight doe aime is the Preservation of Religion Lawes and Liberties The maintenance of the Kings Honour c. is but a piece of the Protestation the sum full sense and scope thereof the Preservation of Religion and Lawes The Principles which were first engaged upon and protested for if rightly cast up but two in Chief the securing the Protestant Religion the Primum quaerite the preservation of the Laws and Peace the * chiefest Law the Peoples safety the other Principles are subservient onely and fall in by way of complication and dependency upon those two as the Means unto the End The well weighing the Protestation might have confined and setled the unresolved and doubtfull thoughts of man in what the End and Aime of the Protestation was a Promise to fullfill as much as in us lies the Commandements of the first and second Table of the Law directing our duty towards God and Man the severall parts in the Protestation tending in the sum to the maintenance of Gods Honour the Kings the Subiects Right and Liberty no one part thereof if rightly applyed and understood crossing another and therefore how comes it to passe that the Protestation being one and the same the course of mens affections should be thus divided into Factions and Part-takings or that some should be of opinion That To maintaine the Kings Honour Person and Estate is to adhere unto him in this present Warre in what he shall command even because they doe not equally weigh each part of the Protestation viz. The defence of the Protestant Religion the Power and Privileges of Parliament the Subiects Right and Liberty for by the Protester's observing all the King is best observed and truliest his Honour and Promises being engaged to maintaine the latter three when as every one who took the Protestation did in his thoughts endeavour and intend according to his power to make him a Soveraign Lord of a free and flourishing People the Kings Protestations concurring with and tending to
England to be bound by any Coronation Oath in a blind and brutish formality and that the King reckons himselfe accomptable to none but God which the Parliament objecteth as a maxime and ground for any Tyranny the enacting Lawes are of no value as to the King and then the Question is how far swearing Allegiance is to the Subject as the Oath was therefore and then imposed which is next to be discussed To the Oathes of Supremacy and Allegiance obje Books seditiously printed and privately dispersed abroad to discountenance and depresse the Parliaments cause to extoll and magnifie their own obtruding their writings on such Authors as they please all to affect the Reader sometimes on the adverse part to render them the more dâ—spicable and ridiculous sometimes on their own Friends to make them the more applauded and famous for their Actions or sufferings as by that one more remarkeably for the King in his name it may appeare of which it may be said as it was of Sampson that it did his Enemies more hurt upon and by the occasion of his death then he could doe when he was alive namely and to instance in one of his parties acts amongst the rest their publishing the Posthume Book called {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} by some men reputed to be his though unlikely since by the Parliaments Declarations and Proofes convicting him of severall crimes it is made appeare unto those who shall impartially read and judge the transactions mutually passed betwixt him and his accusers either that the Book and those applauded Tracts and Meditations in it are none of his or that his party by setting forth that Book in his name would have him act the part of an exquisite hypocrite in representing such devotions as most of all should consist and be wholly taken up in a serious and reall sincerity so that the Tytle of that Book might be both literally and morally as to the King himselfe or to him who personates such conceptions in his name be entituled the Image and Pourtraiture of a Counterfeit rather than the Pourtraiture of a King the falshood and imposture resting on them alone who thus dresse and sets him forth Whosoever shall read the Parliaments often Declarations and Charges against the King set forth since the beginning of this War not denyed or answered by any of his Party saving in a recriminatory and scoffing way calling the Parliament and their Acherents Rebells or who shall read the n History of the Parliament of England summarily reciting what the Lords and Commons have accused the King of his countenancing and giving way to the Rebellion in IRELAND setting downe at large the strong presumptions against him for his countenancing it although eloquently excused and in a fine and pious Language denyed by the Author of the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} his averseness from calling Parliaments cannot but acknowledg that Book o whatsoever the fair and plausible flourishes in it do pretend of the Kings inclining to and desiring Parliaments to be falsly and injuriously charged on him few or none so indulgent to his Cause as to beleeve the whole Booke both for matter and forme to be of his owne penning however they may thinke some part of it to be his Falsly because they cannot but know how p unwillingly and seldome he called any how q oft he did dissolve or attempt to dissolve them when they were called notwithstanding the great Necessity of that Court for the propagation and maintenance of Justice that it drew on a r Law yet in force to call a Parliament every year in that through the discontinuance of them through the often dissolving them in the time of his Reigne and his Declarations published against some of the Members of either House the Historian reports The deiected People were forced to read with Patience and to allow against their own Reason Whence the Reader may observe an Answer to an Objection which the Kings Party makes r That the Parliaments party did begin the Preparations for a War before the Kings The People 't is true were discontented and greived at the Exactions and Oppressions practised in the time of his Reign they held themselves destitute of any means of redresse and therefore might harbour Heart burnings and thoughts of Rising but could not devise or thinke of any course towards the Preparations for a War the Power of the County being in every Sheriff of the severall Shires and Lords Lieutenants and their Deputies many other suborâ—inate Officers of the Kings upon the first Summons given from him to them in a readinesse to suppresse and check the People in case they should but move or stir up Commotions to the likenesse of a War neither could they build upon the strength of any Power to levy War on their behalf a Parliaments strength they sadly and long since observed was of too frail and uncertain a fabrick for them to trust unto as being awed and dissolved at pleasure so that if they had no thoughts of levying a War wanting the opportunities means of Prevailing if they had entertained such thoughts the first offering of Hostile attempts and acts will lye upon the Kings Parties accompt his aversenesse to call Parliaments his awing and dissolving them when called often and long before any preparations could be thought of for a War may satisfie the Objection when as to adde to the probability of some of his parties hostile and warlike preparations it hath been observed that some of his Friends knowing themselves obnoxious and questionable for their Tenents Demeanours when time should serve have long since before this Parliament was called fortified and furnished their Houses in divers parts of the Klngdome with Armes and Ammuniâ—ion no other notice taken til of late then of adorning them for strength and splendour which with some small addition became strong Garrisons for him the Parliaments Friends had none or not so many Holds so soon or suddenly to be fortified for their defeâ—ce The most wise and happy of Å¿ Kings could tell us by his own practiced Policy That it is not the first Blow that makes the War Invasive for that no wise Power would stay for nor the Voting a War to be Defensive as the t Scots have theirs which makes it so but the first Provocation or at least the first Preparations towards a War Injuriously charged on the King in that the Author and Reader also if a friend to Him and would have the Book reputed his doe unawares and as it were against their Will wound his honour and render the manner of his death the more unchristian then otherwise it might be judged when whilst the life is mortall they make the Vices of Dissembling and Uncharitablenesse to be surviving and immortall moâ—ions The reporting it to be the Kings seems besides to blemish the credit of those penitentiall expressions therein derogating from the serious
retired and solid Parts wherewith he was endowed then doubtless free from the affectated words whereof the Book is full in defence of the manisold actions of his incident to this War many of them too weakly excused to be his although in an handsome way of writing to possesse the belief of men obtruded on him by indeed the Author of the Booke of Divine and wholsome Councell left in his name to his Sonne might gaine a beliefe of what was vehemently suspected to the contrary That the Fathers heart was seasoned with the like Principles according to the Councell given unto the Sonne and as to the time of that Councell given there are none but have observed that the fears of the growth of Superstitious Tyranny in the peacefull times were y only and a long time more then those of the growth of Anarchy easy to be let in amongst other disturbances and distractions through the licentiousnesse and confusedness of a civill Warre and wherefore is that Councell given as if the Parliament did intend or had brought in Anarchy or devised to root out all Government No calumny whereby to render them and their proceedings odious and detestable is of extent enough to serve and satiate their Enemies appetite The Parliament in their prudence and experience might discerne a reason for the changing the Monarchical into some other form of as much conducement to the maintenance of Peace and Justice But z what that Religion is which the Author enjoynes the Prince unto whether opposite to Popery or Schisme this like weeds in Corn choaking and hindring its growth that like Mildews blasting and destroying it he defining not makes it seem doâ—btfull to the Reader for presently after he would have the Prince his Iudgment and reason to seale to that Sacred Bond which education hath written in him let a computation be had of his young years how in his infancy uncapable of discerning the differences of Religion before this Warre began where and with whom he hath lived these eight or nine years since it began all men will not believe that to be the Reformed Protestant Religion which is there enjoyned him take it in its purity or as the corruption of times hath fashioned it the Prince is vehemently suspected to goe in a contrary Diameter to either as to those Instructions given him by the Author by what is reported of his having favoured and entertained at his Court the greatest and most known Papists Forraigners of all parts setting aside his Protestant and Native English And howbeit he seems now for a tyme to comply with the Protestants and other of the Scotish Nation and they reciprocally with him his constant and certaine ayde is yet kept up his interest maintained by the Kings Catholick Subjects in Ireland as they terme themselves in favour to the Prince so that what at the beginning of these Warres was acutely urged as a witty and plausible fallacy of the Papists taking up Arms for the Protestant Cause is at this day marveled at the name changed only as that the Papists in Ireland take Armes to defend a Protestant Prince in Scotland All which considered the Prince cannot be thought to take those instructions to be truely and genuinely the Kings or little observes them as the Kings That which should have beene expunged out of the Booke to make it the more admired his is that one passage strange amongst the rest about the Authors challenging the Parliament for discovering the Letters taken at Naseby Fight even now mentioned unlesse it were ill taken by the Author in the Kings behalfe that the naming his friends assembled at Oxford in the nature of a Parliament his Mungrell Parliament as himselfe stiled it should be disclosed together and Liberties of a Free-born people or presumptuously shall take part with the subverters of the same although in a small degree of Oppression and Eâ—action the Lawes having their Metes and Limits to bound out unto every man his owne are in the Judgement of a Learned b Prince no better than Pests Vipers and Traytors to a Kingdome whence it might be mervailed at but that the Parliament hath with Clemency passed by the Transgressions of their mistaken Country-men and fellow Subjects without any heavier censure then Fining them that the violating the ancient Law of Magna Charta so industriously and religiously preserved by their Ancestors and above thirty severall times confirmed in Parliament to use the very words of the Lords and Commons assembled at Oxford in their c Declaration printed there should be objected against the Parliament sitting at Westminster to be a bold avowed transgression of the Laws and Liberties of the People as if the parties of those Lords and Commons were altogether free from the like transgressions so they may in like manner object a violating the late Kings Grant to the Petition of Right when they and their party are setting aside the justice of the â—ause on either side as culpable as the Parliaments party are The pillaging the Earl of Stamforâ—'s house in Leicestershire by the Kings Party commanding there an undoubted and notorious Felony by the Letter of the Law all his Souldiers guilty of the same The storming by day and night the breaking into the Marquesse of Winchester his house in Hantshire by the Parliaments Party the highest degree of Burglary many the like Hostile Acts may be instanced in on either side but how in the heat of War in the pursuit of Conquest each party striving who should overcome and destroy their Enemy One other passage in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as unjustly and improbably delivered is considerable viz. the plausible reasons d given of the Kings going to the House of Commons with so many armed Gentlemen which as the Author sayes was no unwonted thing for the Maiesty of a King to be so attended especially in discontented times The times were not then so discontented as that unheard of and horrid act might have made them at that time had but the hand of one desperate Caitiffe given fire to his Pistols ready cockt the House of Commons being neer full and equall in number to the Forces prepared against them no man knows how disastrous and fatall the Event had been Neither could the King justly fear to be assaulted by any in the House as the Author intimates None in the House within being armed answerable to the Kings Guard without The Author thinks he hath handsomely palliated that Attempt under colour of the Kings standing in need of a Guard rendring those His Attendants there short of his ordinary Guard but whether he meant short in number or in a daring and forcible array he declares not Many other Passages as improbable as these are the Discourses of the Booke too tedious to recite the examining and search whereof is besides this purpose It seems to have little of the King it hath elegancy of wit enough and affectation of
of Arms in the defence of the Laws and Liberties was judged by the one side to bee Lawfull and Necessary condemned on the other to be Trayterous and Rebellious the same act could not be Lawfull and Trayterous too the Difference onely is as a long time it hath been concerning the severall objects and matters in dispute as how Peace hath been forfeited how lost now on what terms and by what means to regain and secure it when regained The Kings party say the more moderate from a reluctancy of heart and unwillingness to be Conquered others of a fiercer spirit to be Avenged on their Adversaries the surest and next way to Peace is in the Prince his enjoying what his Father had faintly believing that he will be avenged only on those who were the Authors Contrivers of his Fathers death that he will passe by with a generall Act of Oblivion all other of the People by a light Fining or putting them to Compound for their Estates The Parliament having in their wisdome and experience discerned and foreseen the danger which the Common wealth They and Their Friends are thereby subject to are of a contrary minde to what the Kings party doe give out They doe foresee and know that it concerns them to provide against that the Prince will not onely rest there to be avenged for his Fathers death he will remember his owne being kept out and as it were exiled from out the Kingdome whereunto he aspires and hath engaged so many against this The Scots in maintenance of the Kings Party's judgement contend to aid his Sonne the Prince but whether for tho Covenant as their Motto's doe professe or against through a mis-understanding it or through willfull blindness their Actions doe declare and are here expressed They give out that they have brought the Prince to repentance for his Faâ—hers sinnes and for the sinnes of his Family but that their Prince doth threaten not many moneths before requiring aid to be avenged for his Fathers death and yet to repent and to be humbled for his Fathers sinnes seems inconsistent But doe they mean the Prince in his Person only or his Party they should withall have brought to repentance all the King his Fathers party else their Covenanting to prevent and oppose seems to be of little use the meaning of preventing and opposing carries with it a further progress of motion then to intend onely the person of the King then living the Repentance which they speak of if it should prove feigned and dissembled the Heart is desperately evil who can know it and thereby the safety of many thousands engaged in this Quarrell swallowed up the too late his Partyes construction as to offend Whosoever shal look on in a conflict betwixt two opposite Parties his affections questionlesse incline whatsoever his Actions are more to the one party then to the other So Neutrals such as have not acted for the King being already by his Party adjudged Guilty are subject to the censure may be brought in within the compasse of the Prince his meaning for if upon the late King his Parties good successe in some victories obtained when they kept Garrison at Oxford they in the high tide of triumph construing their fellow Subjects demeanour in relation to the King spared not to bring in all Neutralls if the Prince shall come in Conquerour what shall be judged and who reputed Principalls who Accessaries which is all one if it were Treason to his fathers death when as the Charge of taking away his life Forraigners and strangers beyond Sea reckon to be a Nationall and the Peoples Act because the Parliament is the Representative of the people for they not knowing the reason and exigency of matters here account it not an Act only of the Iudges Advocates and Officers deputed for his Tryall but include the whole English driven on first by the Scotish Nation the English more manifestly in that divers of their Friends and Agents being employed beyond Sea for making good the Amity and correspondence betwixt Them and other States and Nations have been barbarously and inhumanely murdered by the enemies party severall affronts and indignities offered them all to disgrace lessen and discourage the Parliament and their Actings So that it concernes both Nations the English and the Scots rightly to apprehend and rather to have continued in their mutuall League then be led away as the Scots have manifested themselves to be by the power and ambition of the greater ones to engage one against the other The English have sufficiently expressed their averseness from a Warre with the Scots their readynesse to afford them ayd in their greatest wants and cannot now be thought forward unlesse provoked to invade their Country or if they do to be gayners by it what the Scots may by invading This all men know who know the condition of Theirs and Ours how sterile the one how fruitfull the other Country is the setting Us and Them at variance the differences and dissentions between Us now flowÌ„ frow one common Source to wit the Enemy his wiles and subtilty who wants no stratagem to bring this contest betwixt him and Us into a fresh debate both by secret and covert acts at home to promote sedition and division amongst those whom he would overcome as by open Acts and solicitings abroad to pursue his attempting to bring in any forraign force how wild or barbarous soever they be how hard to get them out againe out of this plentifull Nation yeelding them all provisions all habiliments of Warre to strengthen themselves in this as to provide for their next attempt elsewhere after they have destroyed and harrased this not knowing how to distinguish between Presbyterian Independent and Royall Party and this to be driven on by him and his accomplices in an hazardous and uncertaine way out of revenge and thirst to regaine unto himselfe his power againe long since forfeited through his mistaken loyalty certainely through disaffection to his native Brethren of the same Nation or without considering which wise men should the price of peace which cannot be had without a War Mony being the sinewes and support thereof the Country-man grudgeth not to pay for seed expecting a plentifull harvest nor the Tenant to contract with his Landlord to disburse great summes for an estate in Reversion for his posterity yet the laying out mony by either of them for that without which the Countrymans harvest nor the Tenants Estate can fall out joyously is irksome to them both The frequent exception which the People make by way of comparison between the payment of Ship-money in the late Kings time and the Impositions and Taxes now required comes fitly to be answered Better say they that the payment of Ship-money should have continued and the like illegall Taxes demanded beyond and above the power of Law easier to be born then so much Bloud spilt then such vast summes of money spent in the maintenance of this War
have both behaved themselves The Presbyterians being against Subscribing is not in respect to the House of Lords nothing in the Covenant to deter them from Subscribing as touching the leaving out or holding in the Lords whom no part or Article of the Covenant includes or comprehends Briefly to understand the Reason of Enjoyning Taking or Refusing it which is now become a disputable Theame the exception against the taking is either in the manner the formall reason the scope and intention of those who enjoyned it or the matter enjoyned as to the first the reason of enjoyning it seems no other Bond and yet then what the Parliament their friends did about 8 years since of entring into a Covenant for the better strengâ—hening and 〈◊〉 fiâ—mly binding all men together in a Religious and Civill Union that seeing Dividings in Opinion and Dissentings in practice are fatall to the Conquerour Union and Accord to the Conquered the Parliament contends to bring all men into one form of Civill Government to one unanimous judgment whereby after the p Uniting of their Minds a Restraint of Hands and ceasing from further Contentions might ensue to the begetting a firme and lasting peace Opposition in Affections begets the like in Actings and Endeavourings especially in a Civill Warre where men of eminent and active spirits zealous for and fond of their own Opinions anâ— bold to vent them when subdued by Arms and convinced by Reason shall resolve into Revenge and Fury and become restlesse in their attempts even to the hinderance of an ensuing Peace untill they and their Party may gaine what they have lost The Engagement now enjoyned and tendred seemes more easy to be observed more uniforme then the Covenant the * Covenanters protesting in one place That they will desend the Kings Person and Authority in the preservation of the true Religion and Peace of the three Kingdoms in other places That they will really sincerely and constantly without respect of persons endeavour to bring unto condigne punishment all such as shall oppose and disturbe such Peace If a King shall sweare to governe according to the Lawes of the Land as the late King did the Oath is no longer to be understood an Oath then the Lawes have being To govern taking it without an addition is an indefinite and indeterminate act To governe according to the Lawe a qualified and limited one in the termination of his Oath The termination in the Covenant for the preservation of the true Religion Liberties and Peace is the reason and formality of that and of other Articles of the Covenant A Covenant or Promise to preserve the Kings person without setting down wherefore or to what end is a short and indeterminate promise unlesse the intent or finall Cause of such promise be expressed Wherefore if the King as the Lords and Commons have often charged him be guilty of the blood spilt in these his Kingdoms the Covenanters could not both defend his Person and Authority * and yet bring to publique Triall thâ—â—uthors of the effusion of that Blood and to bring them to that condigne punishment as the degree of their offences should require or deserve as is elsewhere mentioned As to the matter of the Engagement to be true and faithfull to the Commonwealth as it is now established without a King or House of Lords what is the exception against the subscribing this The King being dead and least the Prince his Sonne or any other of his Family shall pursue what he hath threatned the revenge of his Fathers death the Parliament hath thought it fit yea necessary to exclude him as a King from the Supremacy of this Government the Competition being betwixt a Monarchicall forme of Government a Government by a King and a mixt of Aristocraticall and Oligarchicall or of a Common-wealth without a King If the former be admitted viz. a Monarchicall the power of Government then descends unto the Prince the late Kings Sonne and Heire So the Presbyterian having entred into a Covenant chiefly and principally for the defence of the Protestant Religion the Subjects Liberties seems to waine those parts of the Covenant entred into for defending them if now that the Father is taken away they admit the Sonne treading in his Fathers steps unlesse the making and taking it were inâ—ended onely to inure and remaine in force for the term of one mans life Wherefore the Powers that be have good cause to be jealous of such as reject the latter Form embracing a Monarchicall one as complyers with the late King and Prince and weary of submitting and adhering unto them Wherefore the States enjoyning the Engagement is no matter of chance as a thing which may be required to be done or let alone of none or a slight concernment devised or instituted to little or no purpose when conducing as far as at the present they judged it might avail to the discovery of mens affections it conduceth likewise to the settlement of a Peace and Union for whilst the mindes and judgments are no more unanimous the contentions in this War will hardly cease The choice of Taking and Refusing should likewise be of a judicious and sober inquiry as who doth enjoyn and to what purpose t is enjoyned not that therefore we should so refuse because we have suddenly and rashly resolved so to doe a fault incident to yong wits hot and fiery spirits or because we see learned and eminent men in other kindes of knowledge able indeed to lead weak and unstable spirits Captive unto theirs do refuse but on good deliberation and well weighing wherefore the State hath required it They in their enjoyning the Engagement insist not nor is there cause they should so much on the value and efficacy of polite Learning and knowledge take it either in Languages Arts or Academick faculties or â—n the judgment and discretion of such Men as have read a multiplicity of Authors or are as Mâ—ses was skilfull in all the Learning of the Aegyptians as on a sober studied and well grounded Prudence ballasted with Observation and Experience all which the Learned may likewise have governing and guiding the safest way to a selfe-preservation and welfare of a Common-wealth Besides the Novity the Unexpectednesse of the Engagement now enjoyned other discontents and heart-burnings are whispered and cherished by the common Enemy insinuating and seditiously giving out That the Nobility are unthankefully and indignely dealt withall as being detruded from their Rights and Privileges of sitting in the House of Parliament as Peers to joyne with the Commons in the debate and handling the affairs of the Commonwealth withall that those Lords who have been active and assistant both in their Estates and Countenance to promote the good of it during these distractions may think themselves neglected and ill rewarded if now debard from their ancient and Native Liberty of Voting in the House The reason of the Parliaments enjoyning of the Peoples subscribing to this Engagement
hands and hearts of all men against them but that the Persons and Estates of such of the Lords as have assisted the Court of Parliament in the time of their extremities may hence be preserved from ruine which in case the Enemy should get the upper hand they must be subject to and cannot therefore in their serious and prudent thoughts but confesse that Safety and Preservation are as valuable as Order or Honour is Did the Engagement crosse the above-named Oaths the Refuser might plead the tendernes of his Conscience that having taken those Oaths which to his present judgement doth deter him from subscribing to the Engagement he cannot without dispencing with his Conscience so subscribe The Subscriber from the tendernesse of his observes and builds on the Apostles precepts Let every Soule be subject to the higher Powers againe submit unto every Ordinance of Man for the Lords sake he holds withall Gratitude to be a morall act of Conscience and therefore thinks he may nay that he is bound to promise fidelity to the Power from whence be receives protection and enjoyes his safety so it seems strange that amongst men of the same uprightnes and integrity many of either party being conscientious and honest men one Party should Take another should Refuse and that the same guide of Conscience conversing about the selfe same object should tend and lead to contrary Ends and Actions Conscience is a certain and uniform habit of the mind of man and therefore cannot erre in a contrary Diameter as at the first entrance into this Warre the Kings Party did pursue their Cause as the Parliament did theirs each of them imploring Gods blessing according to the Iustnesse and Righteousnesse thereof which could not be Iust on ether part when their undertakings were contrary and crosse each to other It seems as strange that divers of either party acknowledging Gods Goodnesse trusting on his help should from contrariety of judgments and Courses each to other hope to succeed in that they expect from him a blessing upon their endeavourings he is the same knowes no change nor faileth them who trust in him none so wicked but will confesse that he is good and gracious but for any to expect that through his blessing through his goodnesse which they take not the proper course for in Prudence Sobriety and obedience or faile in that which he hath ordeyned for conveying unto us what we look for at his hands it is rather a tempting then a trusting on him Conscience else may be defined a perswasion of the mind that such or such a thing is sinne that therefore we are unwilling and afraid to commit the same for feare of displeasing a great and all-seeing Majesty sinne is a transgression of the morall Law subscribing is no breach of it the act of Subscribing or not subscribing may proceed from a disposition or indisposition to do or refuse what our will doth prompt us unto Neither is it so much Conscience in the Taker and Refuser both in respect of some t is to be feared a Passion or selfe wilfull humour governed and directed by a carnall and selfeseeking policy neither is it a matter of small difficulty to distinguish betweene the Naturall and Spirituall inclinations of a man It is not betweene Taking and not Taking the Engagement amongst us as betweene Eating and not Eating meats amongst the Christian Romans where as to the Eating and not Eating the Aposte judgeth it a matter of indifferency as to them that were so divided concerning meates and thereupon ordereth Let not him that eateth despise him that eateth not which he doth to take away the occasion of secondary differences which might grow betwixt them to preserve the common Peace to take away all scandall and division there was nothing there enjoyned as to the Eating or Abstaining from Eating It is not so between Submitting and not Submitting unto Authority as to the Lawes and Policies of a Commonwealth for whereas submission to every Ordinance of man for the Lords sake is required and here the Powers that be enjoyne the same Obedience being a conscientious Duty better then Sacrifice the indifferency seems to cease and is become a duty and there the Conscience swayes the ballance rather unto that side which obeyes then unto that which resists Authority so the continuation of the quarrell rests in subjection on the one hand to in resisting on the other hand the higher Powers the process of this War lies on their score and theirs alone who when they have erred and are convinced shall not acknowledge and retract their errour which can be no injury or disrepute to the sober and lowly minded The wisest of * Philosophers maintaines that no injury can befall a wise man his stout and resolved heart keeps off the stoâ—ms of Calumny when weaker ones do feare and shrinke under every gust of reproach and censure so that if the convicted Party shall redeem their errour by confessing it the vanquishing forbeare to glory as some have over-hastily boasted in their extraordinary successe of a finite uncertaine and vanishing condition Å¿ rather then in the Equity and Iustice of their Cause of a more durable and lasting station t Or in the flattering and pleasing our selves with the divisions falling out amidst our enemies abroad concerning their Counsells and Commands rather in studying to compose and reconcile our own at home the Warre might soon be ended and the God of Peace own us as of the Number of those unto whom he hath promised * the Blessing of Peace FINIS a In the Meditation upon the second Treatise in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} b Proverb c See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} ☞ * Edw. 3. cap. 25. d With swords girt on their sides c. See the form of the Writ in the Crown Office e Mr. Lambard in his Eirenarch lib. 1. cap. 6. f See his Answ to a Declaration sent from both Houses May 1642 g See the two Declarations entituled The Declarations of the Lords and Commons of Parliament assembled at Oâ—ford with the specious Frontispices of The One Touching a Treaty Other Concerning their endeavors for Peace Print March 1643. h In his Declaration concerning his proceedings with his Subjects of Scotland since the Pacification in the Camp near Berwick Printed 1640 pag. 38. i Namely in that Recorded in the Chronicle of Richard Earle of Warwick his Answer unto King Henry the 6th who directing His Privy-Seal to discharge him of his Governourship of Callis the Earle refused alleging That it was granted him by Parliament Whereunto if it be answered That that might be a personall Contumacy in the Earl nothing proving the validity of that Court the reply may be That the Authority of Parliament hath been of so large an extent That some Kings of this Realm have been by Act of Parliament confirmed as Edw. the 4th Some with their Wife and Issue dis-inherited
of their Right to the Crown as Hen. 6. the lawfulness whereof not at any time questioned and when the Tytle to the Crown hath been disputed it was by Authority of that Court setled and the Crown entailed as they in Pollâ—y and prudence thought sit Speeds Chronic. in the life of Hen. 6. Edward 4 5. k See the Scots Remonstrance Printed 1640 cited by Master Thomas May in his History of the Parliament of England written 1647. l Cited and complained of by the King in the same Dâ—clararation against His Scotish Subjects for inviting forrein forces into this Kingdome page 55 56. See the Letter it self in the same Declaration signed by seven of the principall of the Nobility of Scotland m The Lord London See his Answer n See in the Kings name the Authors accompt of them how in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} he keeps in memory That the Scots weâ—e the first that began the Kings troubles in the Treatise of his leaving Oxford and going to the Scots and elsewhere in severall places of that Book Also in the Declaration printed on the Kings behalfe at Oxford 1643. pag. 23. suggesting an intent in them to confound the Government and alter the Laws of England The Marquesse of Montrosse declareth how they began His Troubles viz. by dispersing their Apologeticall Pamphlets as he termes them through Great Britaine before the Troubles began and before their comming with an Army into England See a Book entituled The History of His Majesties affairs under the Conduct of the Marquesse in the years 1644 1645 1646. page 3. o Amongst other Motives to his aâ—gâ—r about the Earl of Strafford's death which whether he would have avenged on the Party who condemned him may be guessed at in that an unknown Author in his name severall times repents the injustice of that Act to which he was forced to yeeld complyance for which sin as the Author mentions it the King and his Kingdomes have felt long great and heavy Troubles See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in the Treatise concerning the Earl of Strafford and the Marquesse of Moâ—trosse his Declaration set forth 1649 aggravating the same to incense the King and his party against the Scots expressing in it their disloyall Practices Breach of Duty Covenants calling them Traytors c. p See the Kings gratefull acknowledgement of the Affection and Loyalty of his Irish Subjects in offering to supply him with Preparations c. together with their Persons and Estates even to the uttermost of their ability to reduce his dis-affected Subjects of Scotland to their obedience desiring withal it may be Recorded as an Ordinance of Parliament and to be Printed as a Testimony of their Loyalty to all the world and succeeding Ages In his Declaration since the Pacification pag. 63. Which could not but stir up the Scots to seeke protection and assistance from their fellow subjects and friends wheresoever whom the King calls his dis-affected subjects and how he doth secern them from the rest is hard to judge when as the whole and most considerable part of that Kingdome did by their Pacts and Counsels at their Assemblies hâ—ld withstand and resolve to withstand divers of his Messages obtruding on them such matters as made against the Peace of their Church and Kingdome q In the third Treatise r Mr. Dâ—nz Hollis his speech June 1642. Å¿ See the Message sâ—nt from both Houses of Parliament to the King his parties receiving it mentioned in this Book t See the Declaration of the Lords Commâ—ns assembled at Oxford printed there 1643. u See the Remonstâ—ance sent out of Scotland 1639. w See the same Declaration ibid. x See it cited in the Declaration Printed at Oxford 1643. pag. 13. y Mr. John Heywood on the life of Hen the 4th z Bracton lib. 4. a France b See the Duke of Rohan in his Treatise of the Interests of the Princes and States of Christendome calling England a little world set apart as having nothing to do with other Princes c. c Mercurius Aulicus d Victoria naturâ insolens superba est Cicero e King James his Speech in Parliament 1609 f In Norththamptonshire g Sir Francis Bacon on the life of Hen. the 7th h Nulla tam sancta Lex est quam non oppoâ—ceat si salus populi postâ—let urgeatque necessitâ—s muâ—are Bodin lib. 4. de Repub. i See the Parliaments Remonstrance 1647. k In the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 28. upon the Vote of Non-Addresses l In the Book stiled the present judgment of the Convocation held at Oxford m Calâ—ing Jâ—piter amongst the rest of tâ—e heathen Gods {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} n {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} quasi {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} o Sir Francis Bacon on the life of Hen. the 7th p In the Remonstrance dated Nov. 1648. pag. 6. q See the Declaration of the Lords and Commons in Answer to the Scots Commissioners dated the fourth of March 1647. r See the Breviary of the History of the Parliament of England pag. 112. Å¿ See the Objections and Answers at large in the relation of the passages at the meeting at Vxbridge 1644. Printed then at Oxford t Hen. 2. â— Eliz. u The Law book Casâ—s give the Reason why the bringing counterfeit money into England out of Ireland is but Misprision of Treason although the bringers know and utter it Quiae Hibernia est membrum Angliae Dalâ—on Iustice of Peace in cap. de high Treason w The Lord wâ—aâ—ton z See these Charges mentioned by the two Houses of Parliament against the King in Mâ— May his History lib. 1. cap. 6. pag. 118. a BERK-SHIRE b Twyford O kingham â—arringdon c See Master May his History of the Parliament of England mentioning the Demand and Answer d In the Book of an unknown Author called The State's Martyr e See the Message and Answer f See the History of the Kings affaires in Scotland c. where the Historian speaking of the Marquesses Mâ—nâ—â—osse and Argyle the Generalls of the two opposite Armies in the Kingdome of Scotland he highly exâ—olls Mâ—ntrosse and as much reviles and derogates from Argyle rendring him in many passages of that Booke A 〈◊〉 spirited Soâ—ldâ—er and a Knave when as in other mens judgements he had when he was so depraved otherwise proved himself g See it cited in the Oxford Declaration pag. 1â— h See the Kings Letter March 23. 1644. and the Committees Summons in Aprill following i See the Proclamation in the Kings name set forth 1642 accusing many Gentlemen serving as Knights and Burgesses for their severall and respective Countâ—es to be Trayâ—ors and their Persons to be seized on as Rebells k See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in Treatise 17. on Church-Government l See their Declaration Printed at Oxford March 1643. towards the end of the Book m In a Book styled The