for any Borough For any of these may freely Vote in the passing of any Billes and when there is an equality of Suffrages in the rest of the Members his single voyce may carry it and make that Bill a Law or no Law But the King must not meddle in election of Members he must not take notice of any Bill till it be brought unto him for his assent and in case he refuse it must be a Law without him Witnesse the Ordinance for the Militia f and that for Tunnage and Poundage besides infinite others to which his consent was never so much as asked yet are they put in execution with rigour answerable to their power 2. The King has a just power as to divers other purposes so g to passe Acts of Parliament by his Great Seale In diminution of this power they have declared against his forced absence from Westminster as illegall and made an Ordinance that all things passed by him under that Seale shall be void 3. The Kings just power in declaring Law has been formerly so great that his Letters have been taken for sufficient Warrants and directions to the Iudges to proceed by and his h Proclamations to severall purposes of no lesse force than Acts of Parliament But now that power is wholly i protested against as illegall and protection is promised to all such as shall oppose it Yet the ground of it declared in the preface to that Act 31. Hen. 8. is still the same The Supremity of the Regall Power given by God and the reason of the k Repeale is quite ceased which was a willingnesse in the King to gratifie his People and upon trust that they would not abuse the same but rather be encouraged with more faithfulnesse and diligence to serve his Highnesse 4. The Kings power in executing Law â—ath been alwayes conspicuous and undeniedly just in granting out Commissions of Oyer and Terminer for the holding of Assises l and in adjourning the Terme to what place he should thinke fit a power as anciently due so of late acknowledged in an Act made this Parliament for the abbreviation of Michaelmas Terme Yet have the Covenanteers m forbid any Assises to be kept they have voted the Kings removall of the Terme to be against Law and promised to keep indemnified all Iudges and others that shall disobey his Majesties Proclamations in that behalfe 5. The power of making Iustices of Peace is so entirely the Kings by n Law that it depends wholly upon his pleasure and will Yet would the Covenanteers diminish his power for they o require that such may be put out of Commission as they desire and such put in as were removed without their consent 6. The power of pardoning is so inseparably and absolutely the Right of the Crowne that the p Law estates it wholly and solely upon the King And it is not long since the Covenanteers did q confesse as much Yet is nothing more frequent in their Ordinances than to promise protection for the time to come and impunity for the time past And does not their Covenant vow the punishment of all Delinquents without any hope of pardon from his Majesty or themselves 7. The Kings power over his Household and the choice of his Officers is so just and reasonable that they have not stucke to r acknowledge it an undoubted Prerogative to dispose of preferments in his own Family Yet next to the robbing of the Church nothing is more aimed at than to robbe his Majesty of this piece of Soveraignty to get the disposall of his Servants and marriage of his Children into their hands as the nineteen Propositions first informed us and their actions since abundantly confirme 8. The Law hath placed in the Kings Person a power to protect all other persons as s themselves confesse in terminis and to desire him to part with this power is such a supposition as cannot fall upon a Parliament Yet has it been long and still is their utmost endeavour to devest his Person of that power by excluding him out of the exercise of the Militia to deprive him of all those meanes whereby he should protect both himselfe and others by declaring his t personall Commands of what nature soever to be of no force and by putting such a u distinction betwixt his Person and his Office as under colour of defending this exposeth that to the vilest attempts that any Traitour can plot or any Assassine commit 9. That Supremacy of Power which the Law placeth in the King * over all States as well as over all particular persons which all the Subjects of this Realme and the Members of Parliament more particularly are bound by Oath to acknowledge and maintain which they grant to be due unto him when they desire him x to protect them in their priviledges and challenge such protection as due from him when they make all their addresses unto him by way of Petition and stile him constantly in their Acts their onely Soveraigne Lord Yet the Covenanteers endeavour to disseise him of this supreme power some by making the Houses coordinate with him others by making him subordinate to them and upon that ground justifying their taking up Armes against him 10. Lastly though the power of calling and dissolving Parliaments as well as the appointment of the time and place hath ever y belonged to the Kings of this Realme yet is this z denied to be any Prerogative and advantage taken from a late Act contrary to the Kings intention and the Kingdomes expectation contrary to the equitable meaning of that very Statute contrary to the promise of the Authours to the inestimable prejudice of his Majesty and the great griefe of his Subjects who are hereby deprived of the benefit of all other good Lawes and more particularly of that for the frequency of Parliaments First it is undoubted neither King nor Kingdome ever thought to have seen the sad effects of that Act for continuance of this Parliament which they now feele Secondly the Act it selfe though it be not limited to any determinate time is in its own nature but temporary It was made for a transient cause that the Houses might finde credit for the raising of such money as was then necessarily to be advanced a as accordingly they did And that rule in the Civill Law Cessante causâ cessat Lex the Lords and Commons have b declared to hold good in Acts of Parliaments thence concluding that Act 5. Hen. 4. for the Commission of Array to have expired with the cause of it though it were never repealed Thirdly they did promise c that the gracious favour of his Majesty expressed in that Bill should not encourage them to do any thing which otherwise had not been fit to have been done They having failed in the performance of that trust whether is not his Majesty in equity free from that restraint
A REVIEW OF THE COVENANT WHEREIN The Originall Grounds Means Matter and Ends of it are examined AND Out of the Principles of the Remonstrances Declarations Votes Orders and Ordinances of the prime Covenanteers or the firmer Grounds of Scripture Law and Reason disproved HOSEA 10.3,4 Now they shall say We have no King because we feared not the Lord What then should a King do to us They have spoken words swearing falsely in making a Covenant thus judgement springeth up as hemlocke in the furrowes of the field Printed in the Yeare 1644. The Contents of the Chapters in this ensuing Discourse CHAP. I. By what meanes the Covenanteers were reduced to the necessity of entering into this Combination confessed to be their last refuge p. 1. CHAP. II. The Grounds of the Covenant and false Assertions laid down in the Preface to it disproved p. 4. Wherein is shewed that the Covenanteers falsly affirmâ— 1. Themselves to be All sorts of Commons 2. To live All under one King 3. To be All of one Reformed Religion p. 5. 4. In taking this Covenant to have an eye to the Kingâ— Honour and Peace of the Kingdomes 5. Or upon all the Plots against Religion in all places 6. That they sweare after mature deliberation 7. That their supposed Enemies have an intention to subvert Religion p. 6. 8. That their own Supplications and Remonstrances have been any meanes to preserve it 9. Or themselves from utter ruine p. 7. 10. That this Covenant is according to any former practice of these Kingdomes The late Scottish Covenant how unlike it 11. Or the example of God's People Iewes Germans Low-Countreymen or other Protestants in other Nations p. 9. CHAP. III. The unlawfulnesse of the Covenant in respect of the Cause Efficient as made by Subjects against the will of their Superiour in such things as necessarily require his consent p. 11. This illegality proved upon it 1. As a Vow This illegality proved upon it 2. As an Oath p. 12. This illegality proved upon it 3. As a League CHAP. IV. The matter of the Covenant examined and proved first to be against Truth p. 13. In that they falsly sweare I The Doctrine Discipline Government and Worship of the Church of Scotland to be according to Gods Word II. The Doctrine of England not to be so as contradicting their practices p. 14. III. The Lord not to be one amongst them so long as Prelacy is not extirpate IV. That Prelacy is a sin and that if private men should not take upon them to be Reformers they should be partakers in other mens sinnes V. That the Cause of Religion is common to them all p. 18. VI That they earnestly desire to be humbled VII That the sinnes by them mentioned are the true causes of the Kingdomes distresse p. 19. CHAP. V. That the Covenant by reason of the many ambiguities in it especially this Who shall be the authenticke Interpreter oâ— it cannot be sworne in judgement p. 20. Where we enquire I. Who ought to be the Interpreter in other ordinary Oaths II. Who in this Whether every man for himselfe or the foremen for all and how they may differ Particular doubts proposed upon which the Covenanteers are not resolved As III. Wherein the Doctrine and Discipline of Scotland consists p. 22. IV. Who those Common Enemies are against whom they sweare V. What the Doctrine Worship Diâ—cipline and Church-Government of England is as to the Covenanteers p. 23. VI To what that clause relates According to the Word of God VII What meant by Whatsoever shall be found contrary to the power of godlinesse p. 24. VIII In what sense they vow to deâ—end his Majesties Person and Authority IX And whether the Kings preservation must be preferred before the preservation of all or any one Priviledge of Parliament p 25. X What Liberty they intend Whether to be free States XI Who meant by Both Kingdomes And which the Supreme Iudicatory in them p. 26. XII What they understand by the Yoak of Antichristian Tyranny CHAP. VI That the performance of sundry Clauses in the Covenant cannot be without grand inconvenience or injustice p. 27. Such is their swearing I. Constantly to preserve the Scottish Government a humane invention and Discipline in its own nature alterable II. To reforme the English and Irish according to the example of the best Reformed Churches which is hard to be found and not necessary to be followed p. 28. III. To endeavour the nearest uniformity in all the three Kingdomes which is not possible to be compassed nor fitting to be kept p. 30. IV. To preserve the Priviledges of Parliaments whereof some challenged to be such are declared to be incompatible others argued to be injust V. To accuse all Delinquents and Malignants not excepting a mans own selfe p. 34. VI To endeavour that all such may be brought to punishment without hope of mercy or pardon VII Each man to go before another in the example of Reformation without waiting for the Ministers to shew or Magistrates authority to lead the way p. 35. CHAP. VII That many things vowed in the Covenant are not possible to be fulfilled p. 36. For it is impossible for all the Covenanteers I. Constantly and all the dayes of their lives to endeavour each particular they sweare II. Mutually to preserve the Priviledges of Parliament of all the Kingdomes III. To assist and defend all that enter into thiâ— Covenant p. 38. IV. Never to alter their opinions to neutrality or indifferency V. To observe all the Claâ—ses in the Covenant some whereof imply contradiction CHAP. VIII That the very taking the Covenant and other avowed actions of the Covenanteers are in â—act contradictory to the formall words of their Oatâ— p. 40. This is argued in that they sweare According to their callings to extirpate all Popery Superstition Heresie Schisme Faction And to preserve the Priviledges of Parliament Liberties of the Kingdomes Authority of the King Yet is their taking and enforcing of this Oath I. Inconsistent with most of their Callings II. An act of Popery properly so called p. 41. III. As great a Superstition as Monastique vowes p. 44. IV. A Branch of Aërianiâ—me and so a Heresie p. 46. V. A vowed Schisme from their mother Church p. 48. VI A breach of the iust Priviledges of Parliament p. 50. VII An encroachment upon the publique Liberty p. 53. VIII A contempt of the Kings Authority IX A sworne Faction against the better part of the Kingdome CHAP. IX That many particulars vowed in the Covenant and intended by the Covenanteers are simply and absolutely unlawfull p. 55. Such are I. The alteration of Religion established by Law without the Lawgivers consent II. The Extirpation of Episcopacy p. 61. III. The pulling down the present Churchâ—Government before they be agreed upon another p. 63. IV. The Extirpation of the present Ministery as being Ecclesiasticall Officers that depend upon the Hierarchy p. 66. V. The Extirpation of Deanes and Chapters and alienation of the
wch in confidence of their loyalty he brought upon himselfe And if they shall refuse ever to consent to an Act for Dissolution as unwilling to part with that Paramont power which they have now possessed themselves of whether is the King and Kingdome left without redresse or may it not be lawfull for him to resume his ancient Right Especially considering the House of Commons did d professe to the Kingdome that the restraint of the Royall Power in that particular was not to take it out of the Crown but to suspend the execution of it for that time and occasion onely which occasion is now over and the time long ago expired It is full time that the Bill for the Trienniall Parliament take place at least once in foure yeares if not those other two e Lawes for holding a Parliament once every yeare If they be still in force what hinders but they may be put in execution Nothing but the rigid interpâ—etation of that clause in the late Act which requires that this Parliament shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose Yet Custome or Desuetude are allowed to prevaile against those very Lawes which are made with speciall provisions that no Custome or Desuetude shall prevaile against them Suppose all the Members should be taken away by death before any Act passed for the Dissolution of this were it not in the Kings power to call another Parliament because the Act for continuance of this is not repealed Those two former Statutes of Edward the Third though never repealed yet were as good as void by disuse When Paâ—liaments in that Kings time were made so frequent they became a burthen to the Subject and therefore it was found requisite in the Reigne of his Successour to make a penall f Law to inforce the Members to obey their Summons And I finde in the g History of those Times that the Clergy granted a Tenth and the Laity a Fifteenth to the King upon condition that he should not call any more Parliaments within the yeare Scilicet à Calend. Mart. usque ad festum Sancti Michaelis anno revoluto The non-observance of which condition is objected to that King So farre different was the opinion of those dayes from these of ours concerning annuall or perpetuall Parliaments Though all former Statutes are repealed by the later even then I suppose in judgement of Law when there is no speciall mention made of any Repeale and notwithstanding the former require to stand unrepealed unlesse it be by speciâ—ll Act. Which clause may be thought of as little use in this case as that we meet with in â—ome of our Statutes which pronounce themselves perpetually to be observed notwithstanding any Act of Parliament made or to be made to the conrary this will not protect them against a future alteration or repeale Yet I will not affirme that the Act of Pacification though it was made since the Act against the Dissolution of this Parliament is an Act passed to that purpose however there be something in it that may be applied that way For it buries in forgetfulnesse not onely all acts of hostility which might be conceived to arise upon the comming of the Scotish Army into England but all Counsels having relation thereunto that the same and whatsoever ensued thereupon trenching upon his Majesties Honour and Authority be held and reputed as if no such thing had ever been thought or wrought It is too apparent that the former Act for continnuance of this Parliament trencheth very deep upon his Majesties Authority and had a very neare relation to the businesse of Scotland being obtained for the more easie raising of money towards the payment of the Scots and concluding a firme peace between the two Kingdomes Besides there is a speciall proviso in that Act of oblivion that it shall be no prejudice of the brotherly assistance promised to the Scots which assistance was agreed on by Act of Parliament but no proviso for saving any other Act incompatible with this and we use to say Exceptio firmat regulam in non exceptis But where the words of the Law are ambiguous we must not presume to fasten our owne sense upon them but submit to the Declaration of the Law-giver the King who by the advice of his learned Councell without calling a Parliament may expound the Law where it is doubtfull as his Predecessours h have done in other caseâ— It is further observable that the same Statute which sayes this Parliament shall not be dissolved sayes also it shall not be adiourned unlesse it be by Act of Parliament to be likewise passed to that puâ—pose Yet we know the two Houses i did and lawfully might adjourne themselves from Westminster to London without any Act passed to that purpose Why then may not the King command them at least their chiefe Committee to adiourne from that place where they now sit to some other of more safety where all the Members may freely meet and consult If the freedome of the place be so necessary to all Councels that the want of it hath been ever objected and that justly as a nullity to all their proceedings and in particular the supposed Designe of bringing an Army to awe the Parliament or any attempt of force against the Members have been truly k declared an endeavour to pull up by the root and totally to subvert the Parliament and to tend to the destruction of the very being of Parliaments if the want of freedome and safety be truly l declared a thing inconsistent with the nature of that great Councell Then undoubtedly so long as Westminster does not afford security and freedome to the Members so long no true Parliament can be there which should be as free from apprehensions of force as from imputations of Faction I would willingly learne but I cannoâ— finde a Teacher wherein the Fundamentall Lawes of the Land consist For if the taking away the Kings power to dissolve adjourne or prorogue Parliaments be against the Fundamentall Lawes m then no Statute makes it good Now whether the perpetuity of a Parliament do not tend to the alteration of the Government and so be against the Fundamentall Law whether the forced exposition of the late Act against Dissolution extending it beyond the time and occasion for which it was made do not make it as good as perpetuall Whether this do not make way for the finall ruine of all Parliaments in case the City should be surprised by an Enemy the King or Members all taken away by Death before any Act be passed for Dissolution Whether for defect of an Act it may not be dissolved by Ordinance by the same Fundamentall Law by which this new Oath is imposed whether it be not good in reason yet it must be good in Law that a Body Politique may decree by what death they will die by Act by Writ by Ordinance by
he have not his default is sufficient to make all the rest lyars who in that case cannot truly say We of all sorts calling to minde the Plots in all places resolved after mature deliberation Sweare c. 7. If it were agreed who are the greatest Enemies of our Religion we should be better able to judge of the increase and exercise of their power and malice Vpon that principle which the Scots have taught us No unity in Religion without unity in Ecclesiasticall Government we must conclude against the Covenanteers that they who sweare to extirpate the Government are Enemies to the Religion of the Church of England But if they intend by Enemies the King and Bishops and other misnamed Malignants whom they traduce for an intention of subverting Religion it is a calumny as void of truth as full of malice nothing was ever denied by his Majesty or opposed by his Followers which might conduce to the settlement of the true Reformed Protestant Religion And if it be such a permanent truth that when ever any man sweares this Covenant The power of these Enemies is at that time encreased I wish they would consider what a strange Enemy they have to deale with who growes stronger by their opposition Qui saepiùs vinci potest quà m illi vincere and take heed they be not given up to incureable blindnesse and hardnesse of heart that they cannot see or will not acknowledge the hand of God working against them and themselves fighting against God 8. It is not true that their Supplications Remonstrances Protestations and Sufferings have been any meanes to preserve themselves or their Religion from destruction First for Supplications we have not heard of any from Ireland without effect save such as are put upon the Covenanteers score Nor have the Scots been repulsed in any desires which concerned themselves it was their crime which is our misery they would needs be in alienâ Republicâ curiosi And such supplications as have been presented in the name of this Kingdome were either for fashions sake desiring the Kings consent to things they resolved to do without it and after the rejection of that gracious Message of Ianuary 20th which might have prevented all those unreasonable demands insisted upon since Non ut assequerentur sed causam seditioni To send an Army to present a Petition was a strange addresse of Subjects to their King Nor need they impute their Remonstrances of all the conceived errours in Government or their Protestations to defend his Person accompanied with a f Declaration against his syncerity in Religion and resolution to hazard their lives against Him and his Army which the very next day they performed accordingly but if supplications and sufferings were truly meanes why do they not continue to supplicate since they have no right to command Why do they not like Christians rather suffer still then offer wrong Rather submit to the Lawes in force then by violence compell their Soveraigne to receive new ones from them 9 Their Resolution to enter into this League for the preservation of themselves and their Religion from utter ruine and destruction implies a double untruth that both they it may be utterly destroyed Though our Bodies and Estates have been long exposed to the perill of destruction yet our soules are shot-free we may take our Saviours g word for it and Animus cujâ—sque est quisque When Pandora's box of feares and jealousies was first set open we were told of dangers though we could see none then save that it was certain ruine for any man to thinke he was not in danger but we have now too just cause to believe their predictions who by that artifice got so much power into their hands as is sufficient to undoe the Kingdome and by this Covenant vow so much obâ—tinacy as not to entertain any thoughts of peace till either that be done or they perish in the worke and if they shall yet will their Religion if it be that which they professe the true Protestant never faile for Magna est veritas praevalebit h the gates of Hell shall not prevaile against it i it is founded upon a Roâ—ke and all the Enemies of God cannot overthrow it k because it is of God 10. The pretended truth of that which followes is obtruded upon the people to serve for a shooing-horne to draw on the Covenant which is falsly affirmed to be according to the commendable practice of these Kingdomes in former times The Subjects of England neuer entered into a sworne Covenant such as this is either amongst themselves or with other Nations If the late Rebells in Ireland did any such thing none but equall Rebells will thinke their Example worthy of commendation So then if neither England nor Ireland ever did the like tâ—en not these Kingdomes Scotland onely remaines the neare and neighbouring Example whereof l Master Henderson proposeth to our Covenanteers as worthy their best observation he would not say imitation for Examples are the weakest Arguments and in matters of doubtfull right those that urge them commonly go beyond their Copy It is but a poore defence Societatem alieni criminis innocentiam vocare Nor will the late Scots Covenant 1538 serve to justifie this now For first in relation to themselves there is a great difference in the occasion then and now Their Religion and Liberties they then affirmed to be invaded now they cannot pretend any such matter Secondly for the efficient cause that Covenant was made onely betwixt Subjects of the same Kingdome but this is a League amongst People of different Countries and Lawes Thirdly that was not without some stampe of royall Authority being alleadged to be the same for substance with the generall Band formerly subscribed and allowed by King Iames 1580. and enjoyned by severall Acts of Councell and generall Assembly 1581 1590. and to justifie their explanations upon it many Acts of Parliament were produced But this is wholly contrary to the Kings Command and some part of it against the whole current of English Parliaments Fourthly the maine matter in both Episcopacy though it was supposed or suggested to be against Law in Scotland yet was m not required to be abjected but the practice of it forborne and the matter referred to a free generall Assembly Whereas here though it be so deeply rooted in our Lawes that no man can tell what is Law without it it is vowed to be utterly extirpated and that without the advice of the Clergy in Convocation without a free Convention of both Houses in Parliament without His Majesties Assent or Approbation Fiftly for manner of prosecution n the Scots then professed to perswade not enforce men to Covenant disclaimed all threatnings but of Gods Iudgements all violence but of reason Whereas o now if their greatest Peers doe post-pone or refuse to take this Covenant all their goods and rents must be confiscate and their persons made
their differences and so long as we hold to one immoveable irreformable Rule of faith as Tertullian calls that short Creed Catâ—ra iam disciplinâ— conversationis admittunt novitatem correctionis And if the nearest coniunction be not possible sure it is not neceâ—sary iâ— it were so the Scripture which is not deficient in necessaries would not onely have proposed fitting directories but prescribed set formes unto us and limited the times places and manner of worship Which our Saviour has not done being willing as it seemes to leave every Church at Liberty to consult with her owne occasions or necessities and accordingly to constitute as she should finde in Christian prudence to be most convenient for the exegency of the times disposition of the place and temper of the People The use of which liberty we have both practised our selves and allowed in other Churches It must here be remembred that this very thing which is now sworne to bring all the Kingdomes to an uniformity is nothing else for substance then what was intended by King Iames and attempted by King Charles and that upon better grounds then now it is they having both more authority to enjoyne it then the present Covenanteers can justly challenge and presuming to meet with lesse opposition then these have found For whatsoever have been declared since the businesse which these two Princes went about to settle Episcopacy and a Common forme of Worship and Discipline in Scotland conformable to those in England and Ireland was not at first affirmed by any to be so destructive to the Lawes and Liberties of that Kingdome as the now intended alteration is knowne to be against the Lawes of England and Ireland IV. If the Rights and Priviledges of Parliament were once truely stated which are here sworne to be defended with lives and Estates we must be able to make a clearer judgement of the Lawfulnesse of this Oath as to that Particular Buâ— this being a taske which we neither dare undertake nor can go through with it will be sufficient and perhaps not impertinent if we wave the two other Kingdomes and take a short view of some few particular Priviledges pretended to be due to the Parliament of England and see whether they be such as the Subjects ought to sweare the preservation of them before that of His Majesties Person and the publique Liberties 1. As a Councell they d challenge the Priviledge to be advised with in all the great affaires of Church and State whereas their Writ calls them onely to consult De quibusdam arduis And His Majesty is accused for breach of Priviledge because he did not aske their advice in some such things Yet sometimes e he desired it so much till his importunity was voted a breach of Priviledge Here he is in a hard strait like that in the Oracle Si fecero peribo si non-fecero vapulabo Not desire advice and break Priviledge desire it and breake Priviledge too 2. A vote is passed in Ianuary f thaâ—to arrest or detaine any Member of the Commons House without first acquainting thaâ— House and receiving Order from thence is such a Breach of Priviledge as must be vindicated with life and fortunes And yet a g Declaration is issued in November following that in those very cases which were formerly in controversie any Member may be arrested by the ordinary Ministers of Iustice and detained in saâ—e custody till he may be brought to the Parliament It will concâ—rne the Serjeants to be informed in what moneths this Priviledge iâ— in season and when it goes out 3. Another h Declaration speakes in this manner Though the Priviledges of Parliament doe not extend to Treason Felony and breach of the Peace so as to exempt the Members of Parliament from punishment nor from all manner of processe and tryall as it doth in other cases From these last words we must inferre that in case of Incest Adultery Fornication Idolatry Sacriledge Blasphemy Schisme Heresie Popery Perjury or what you will besides the three excepted particulars the Members of Parliament may sinne Cum Privilegio they are exempted from all manner of processe and tryall 4. I do not know the mysteries of some Priviledges why they are ambitious to entertaine Treaties with forraigne States but when his Majesty desires the like it should be answered i We cannot doe it by the fundamentall Priviledge of Parliament Why the People may take notice of their proceedings but His Majesty may not without k a high breach of Priviledge minde them of him who said He was not worthy to be King Why the meanest Subjects should be admitted to give in their reasons against established Lawes and desires of alteration and the King be l accused for breach of Priviledge for desiring them to retract a privat Order as contrary to an expresse Act of Parliament Why in Sir Iohn Hothams case all m interception of letters to the Parliament should be such a high breach of Priviledge and now his Majesty cannot send a letter but shall be intercepted nor a Messenger to them but shall be imprisoned if not executed by their Commands 5. It is a new peece of Law which our predecessors were ignorant of that all Acts and agreements made by any private Companies or Corporations by any Parish or County nay by any particular personâ— are of no further force in Law then they are confirmed by Parliament and that to make any such till the two Houses be first accquainted and their consent obtained n is an entrenching upon that Peculiar Priviledge of Parliament To binde all or any part of the Kingdome This was the ground upon which they cancelled those agreements made by the Lord Farefax in Yorkshire and the like by their adherents in Cheshire and declared that they who made them were not bound by them 6. The number of Priviledges in this kinde may be infiniteâ— yet we shall be able to set bounds to the measure of them by their owne Declarations Where first the Kings comming to the House of Commons is o affirmed to be the greatest violation of Priviledge that ever was attempted Secondly His wishing he had no cause to absent himselfe from White-Hall is p taken as the greatest breach of Priviledge of Parliament that can be offered And therefore the former must needs be lesse and if there can be none greater what shall we think of those many lesser which have made a greater noyâ—e Let the Reader say if he make any Conscience of his life or have any care of his Estate or beare any Allegiance to hiâ— Majesties Person or any reverence to His Authority or have any considerable portion in the publique liberty whether he can willingly according to the tenour of this Covenanâ— sacrifice his life and liberty his Soule and Estate to the preservation of all and every of these Priviledges and perhaps thousands more which are not yet declared so as to preferre the least
be in Gods Cause will not worke but for their wages and to enhanse those they may prâ—tract their service so long till all our Treasure will not pay them and they who come to be partners will at last look to be masters Aske the Stories which will not flatter what was the event of calling the Saxons and Normans into this Land We have nothing to secure us from the like now save onely the innate candor and veracity of the Nation so much famed in their own and ours and forreigne o Histories Sic notus Vlyâ—ses But if the Scots should prove as honest as they are wise would there be any certainty of Peace among our English Covenanteers I conceive not Consider them of two sorts the one engaged out of conscience the other for politique ends For the first how shall so many different Sects be reconciled who are bound by their Oath to extirpate all Schisme They must fall to it pell mell the Presbyterians Brownists and other Separatists must fight it out It is not a Parliamentary Power that will restraine them The same principles which are produced now against the King will serve then against the States Their obligations are reciprocall and if their Excellencies faile in their trust they know what followes If any insolent demand of popular zeale be not hearkened to presently Ad arma Any turbulent Volero any factious Boâ—tefeu may set a City on fire but it requires paines and skill to quench it Quippè in turbas discordias pessimo cuique plurima vis pax quies bonis artibus indigent For the second sort of Covenanteers the Politicians though their stomackes be stayed for a while and the common enemy do yet unite them when he is taken out of the way those coales of dissension which can at this time scarce be smothered will then burst out into open flames Essex and Waller Manchester and Willoughby Denbigh and Purefey Brereton and Ashton will then try the strength of their parties The hopes of sharing the meanes of the Church and Delinquents Estates and succeeding in the chiefe Places of Honour and Profit in the Kingdome which now whets their swords against those that hold them if they misse or fall short of those hopes will set as sharpe an edge upon them against their new Rivals they must needs fall â—ut about dividing the spoile For the preferments being not equall in number to the Competitors some must be put by and perhaps those that are advanced will complain it is below their merits when every man shall set the rate upon his own Treason but a few will be satisfied This will beget new discontents and those will beget new feares and jealousies and these will require new Officers of State such as may be confided in and what Peace what safety is like to be in the end of all this Very little unlesse some of the Royall Race again as Augustus in the Roman State Cuncta discordiis civilibus falsa nomine Principis sub Imperium accipiat CHAP. XI That the particular Ends of the severall Articles are likewise inconsistent with the matter of them I. AS the whole Covenant is either inconducing to or inconâ—istent with the generall Ends for which it is pretended to be taken so are the severall Articles of it to those particular Ends which are specified in them The Reformation vowed in the first by such a violent course as they now endeavour it we have alreadâ— proved to be no meanes but rather a hinderance to the growth of Religion and so to that Life in faith and love and cohabitation of God among us which is the End proposed to that Article The like violent Extirpation of Prelacy which is no sin vowed in the second is so farre from preventing the inconvenience there mentioned partaking in other mens sinnes that all who vow it are thereby guilty of sin much more they who attempt to do it in such a disorderly way and most of all those who by feare or threatening which is a morall compulsion force other men to enter into their Covenant who are either perswaded in conscience of the iniquity of it or cannot take it without reluctancy and doubting and so not without sin These men making it a touch of other mens affections and the refusall of it a pretence to spoile and plunder so causing them to sweare who if they do must forsweare are most properly and truly partakers in other mens sinnes II. Lastly their End of swearing the third Article to maintain the Rights and Priviledges of Parliament and the Kings Person and Authority is said to be That the world may beare witnesse with their consciences of their loyalty that they have no thoughts or intentions to diminish his Majesties iust power and greatnesse This is vain and impertinent for the world cannot see into their consciences nor judge of their thoughts and intentions otherwise than by their actions It is acknowledged by the Lord a Brook That Powers are God's Ordinances set over us for good and that Kingdomes certainly in holy Writ have more for them than any other Government But let the ius Regium be never so much by Scripture our King must be allowed no more than he can entitle himselfe to by the Law of the Land nor so much neither by the good will of the Covenanteers That the world may have some evidence to passe sentence upon we shall propose a few particulars wherein the Kings iust Power hath been diminished if not abolished by the Master-Covenanteers 1. The Kings of England have been anciently so fully invested in the Legislative Power that most of the Common Lawes we are now governed by do owe their creation or conservation to the meere mercy of the Conquerour Magna Charta was first granted by Henry the Third b of his meere free will c. Other Statutes which passe in number and have still the force of Acts of Parliament are directed as private Writs with a Teste meipso and the common stile of most others runnes in this strain The King with the advice of the Lords at the humble Petition of the commons wills c. The forme of passing Billes which is still observed is Le Roy le veult and Soit fait commâ— il est desire Hence some have collected that the Rogation of Lawes belongs to the two Houses but the Legislation to the King that their Act is Preparative his onely Iussive The Covenanteers have not onely diminished but d contrary to their Declarations utterly deprived him of this so iust so necessary a power without which he cannot performe his trust nor discharge his Oath to his Subjects For they e challenge him as bound to passe all Billes that shall be presented to him as for the good of the Kingdome whereby they do not leave him so much power as the meanest Cobler that gives a voyce in the Election or the Burgesse that is returned and sits in Parliament
losse of the Head or by consumption of the inferiour Members these are scruples which others may resolve But if Treason be a charge which a Parliament cannot be capable of as they n declare it is and I believe it to be true because perhaps as some Romish Doctours have asserted the Popes infallibility teaching that he cannot erre as Pope for if he do he ceaseth to be Pope so if the maior part of one or both Houses shall consent unto approve or command any treasonable Act they thereby cease to be a Parliament who are presumed in Law to be no lesse than they professe His Maiesties faithfull and loyall Subiects Then if the Members at Westminster by raising Warre against the King o by forging a new Great Seale and declaring the old one by which they were called and do sit to be of no force by calling in an Army of strangers or by any other Act or Vote of theirs be trulâ— guilty of that charge â—hey are no longer to be looked upon as a Parliament Lastly if the equitable sense of the Law may take place here which has been pressed so much in other cases it must be acknowledged that the Essence of that great Councell does not consist in the place but the persons for the place may be changed yet the Parliament remain still the same When we see farre more of the Lords with his Majesty than at Westminster when we finde upon strict account that the maior part of the Commons are either drivâ—n away or have deserted that Cause when we observe how many Members of either House do daily hazard or have already spent their lives in the service against it when we weigh their qualities abilities and estates with those of their opposites and finde them to be men of the best ranke in their Countries of known integrity for their lives of unspotted zeale to Religion of sound judgement and knowledge in Law of publique thoughts to the good of the Kingdome as well as loyalty to the Kiâ—g which hath engaged them in this Warre by which they have lost more already than the opposite Faction ever had and expect to gain nothing but the testimony of a good conscience when we consider how many of those that are most active at Westminster by reason of their undue election had never any right to sit there and suppose that many others still remaining are not alwayes carried along with the streame when we remember by what meanes the Bishops who are acknowledged by Parliament to represent one of p the three Estates of the Realme were thrust out contrary to the Fundamentall Law and how by that meanes all succeeding exorbitancies have been falsly fathered upon the Parliament we cannot but pronounce upon these premises that the Parliament is in truth for that cause which is owned by his Majesty and not for that which passeth under the false usurped name of King and Parliament CHAP. XII The true End of framing and enjoyning this Covenant the bringing in of the Scots absolutely unlawfull HAving done with the many specious and pretended Ends of the Covenant we are come to the true End of Covenanting at this time which the Schooles would call Finis applicationis finis operantis This in particular persons may be divers as the desire of advancement in some the hope of impunity in others but the main general End which first set the Contrivers on worke about framing this Covenant and keepes them still at it by pressing it upon this Kingdom was the bringing in of the Scots a The Covenant is one of the postnati of that Kingdome it was begotten and borne in Edinborough onely our English Commissionerâ— played the Midwives and helped to licke it over into some fashion Vnlesse the Faction in England would engage themselves and their Adherents in such a Combination those conscientious Brethren of Scotland refused to assist in this Rebellion as they are now ready to do being upon their march to invade us A thing so repugnant to the Weale of this Kingdome that no true English heart but will abhorre the mention of it and so unjustifiable in respect of them that no Scot who has any sense of Religion to God of gratitude and duty to their native King or of brotherly charity to this neighbour Nation will ever dare to draw his sword in this quarrell I. First how farre it may endanger the being of this Kingdome to admit an Army of strangers into her bowels none such an infant in discretion or History but is able to descerne The calling in of forreigne Force if it were not Treason by Law is a thing so odious in Nature to any that is touched with affection to his native Countrey that his Majesties greatest Enemies could not suggest a calumny more malicious against him nor more powerfull to steale away his Subâ—ects hearts from him than by giving out that he intended to make use of forreigne aide when they supposed they had brought him to so low an ebbe that he would never finde sufficient succour from his own Subjects They are now driven to as great an exigency and make no scruple of acting that course which no necessity would suffer to enter into the Kings thoughts Such was his tender care and fatherly affection to His people He chose rather to run the hazard of His owne ruine then owe his preservation to any hands but such as God should raise up in his defence among His owne Subjects These waies of the Covenanteers doe both justifie the Commission of Array against all their former objections which grant it lawfull in the comming in of strange enemies and if His Majesty should follow their example and hire an army to assist him from some other Nation whatever were the consequents of it they must beare the blame that first led the way and he would be clear before God and man II. Secondly this intended invasion is so injust in respect of the Scots that all who heare of it must cry shame upon them who at the same time enter into a solemne Vow inviolably to observe the Articles of the late Treaty of Peace betwixt the two Nations and to endeavour that they may remaine conjoyned in a firme peace and union to all posterity and that justice may be done upon the wilfull opposers thereof and at the same time seise upon Berwick and put a Garrison in iâ— contrary to an expresse Article of that Treaty of Peace so lately concluded and setled by both Parliaments and are now upon the poynt to power an Army into this Kingdome whereby it appeares that though we made peace with them they made none with us and we conclude as a former b Parliament did against them that it were better for us to be at open war with them then under such a feigned peace III. They cannot say nor doe they pretend that any one Article was violated upon our part unlesse it were by those whom they come to
628. 823. o Ib. p. 493. p Ib. p. 100. q Ib. p. 338. r For taking away the high Commssion s Ex Coâ—l p. 260. 57â— 509. t Ib. 576. u Considerations c. Decem. 23â— 1643. a E.C. p. 93. b 2. Parliament of King Charles Act. 27. c E. C. pag. 148. d 143. e M. Prinaâ— Soveraigne power of Parliam part 4â— f 2. Parliament of King Charles Act. 38. g vid. 4. Iacobi cap. 1. a Covenant with Nar. p. 17. E.C. p. 228. 603. 604. 637. 624. 826. 915. b Lysimachus Nicanor c Discourse of Epis. Sect. 1. c. 10. p. 54. deiâ—ceps d Ib. p. 59. e Ib. p. 61. f Ibid. g Ib. p. 62. h Ib. p. 60. i Id. Sect. 2. cap. 7. p. 119. Protestâ—tion protestâ—d pag. 2. Countermarch c. k View of the Cov. p. 35. l Covenant with a Narrative m M. Nye in his Speech pag. 13. n 1. Edâ— 3. cap. 5. o Eâ— C. p. 88. 389. p Sleidan Gerard Camerar. Oâ—iander q Rom. 10.2 r Discours Sect. 1. c. 9. p. 51. s Ib. p. 52.53 t 1. Eliz. c. 1. u 1. Cor. 11. 18,19 * De Haeres lib. 4. c. 62. x E.C. pag. 859. 860. y E.C. p. 278â— z Ex. Coll. p. 19. 59. a Ib. p. 112â— b Ib. p. 723. c E.C. p. 10â— d E.C. p. 156. e E.C. p. 580. f Ib. p. 745. g M. Mocket View of the Covenant pag. 36. See to this purpose a Solid learned Discourse Of Resisting the lawfull Magistrate upon colour of Religion a Ioh. 18.36 b 2. Cor. 10.4 c Matt. 5.44 d Gal. 1.14 e Philip 3.6 f Act. 9.2 g Ioh. 16.2 h Ib. vers 3 i Mat. 13.30 k Covenant with a Narrative p. 24. l 2. Tim. 2.25 m E.C. p. 725. n 728. o Rom. 8. 17. 2. Tim. 2. 12. 1. Pet. 3.14 4. 16. p 2. Cor. 1.24 q Iohn 6. 67. r Luke 9. 54. s Mat. 26. 52. t Acts 5.41 u Phil. 1 29â— * Arnob Lact. Cypr. contra Demetr. Tert. in Apol. ad Scap. Iust. in Tryph. Aug. in Psa. 144. Ambros. in Luc. 22.38 Athaâ— Ep. ad solit. vitam agenteâ— x Confessio Aug. Art 16. Gall Art 40. Helv. Art 26. Scot. Art 24. Angl. Art 37. y Girolam Pollini l' Hist. Eccl. l. 3. â— 18. y Miterranâ— Hist. lib. 4. p. 103â— a Disc. Sect. 2â—c 6. p. 94. Cap â— b Concerning the Canons pag. 17. c Proclamation 10. Iacobi d Lord Brook Sect. 2. c. 6. p. 87. e Serinus apud Sâ—ob Serm. 42. f 1. Remonstrancâ— E.C. p. 19. g Ibid. h E.C. p. 604. i E.C. p. 598. k Ib. 60â— l Vid. Lawne Schisme of the Brownists p 78. m 2 Chron. 13.9 10. 1 Kings 12.31 n p. 8. 9â— y Math. 20.15 Acts 5. 4. p Sir Henry Spelman De non tem eccles. M. Sempill Sacriledge Sacredly handled M Vdals Coale from the â—lter D. Gardiners scourge of Sacriledge c. q Feb. 1642 E.C. p. 918. r Rom. 2.22 s Assembly at S. Andrewes 1582. t Sir Fran Bacâ—nsâ— Considâ— u H. Huntington lib. 6. â— Higden lib. 1. â— ult. * Pererius in Genesin 15. 16. x 1. Tâ—m 3.2 Titus 1.8 y Aug. 3. 1571. z 1569. ca. 6. a Cap. 9. b Edenb. 1591. c Ibib. 1595. * To this purpose see the Oath of the Princes of Israel to the Gibeonites Iosh. 11.15 though not approved by the people vers. 18. yet was the breach of it severely punished by God himselfe 2 Sam. 21. d E.C. p. 23. e 291.355 f April 18â— 1642. E.C. p. 141â— g Disc. Sect. 1. c. 9. p. 49. h 1 Kings 11.5 2 Chron. 25.14 33. 3 22. i Deut. 17.2 a Covenant with Narrative p. 32. b E. C. p. 21. c E.C. p. 36. d E.C. p. 80. e Ib. p. 67.68 f Magna Charta cap. 1. g 1. Remonstrance of the State of the Kingdome h E.C. p. 121. i Ib. p. 638. k E.C. p. 858. l Ib. p. 846. m Ib. p. 700. n Ib. p. 464. o Major Lesle Hall Harding Sabellicus a Disc. Sect. 1. c. 8. p. 42. b 9. Hen. 3. c. 14. Hen. 3. 21. Hen. 3. 3. Ed 1. 6. Ed. 1. c. d E.C. p. 709 710â—715,727 e Ib. p. 706. f Ib. p. 93. 121. g 33. H. 8. c. 21. h 31. H. 8. c. 8. 34. H. 8. c. 23. i E.C. p. 305 449,483 k 1 Ed. 6. c. 1â— l 28. Ed. 1. c. 8. m E.C. p. 194. 898,931 n 27. H 8. c. 24. o E.C. p. 909. p 27. H. 8. c. 24. q E.C. p. 270 715,901 r Observations upon M. Eliots letter E.C. p. 486. s E.C. p. 727 710. t Ib. p. 271. u 727. * 1. Eliz. c. 1. x E. C p. 5. 73â—â—â— y See the Preface to the Act for a Triennial Parliament z E.C. p. 701. a E.C. p. 10 15,17 b Ib. p. 876. c Ib. p. 203. d Ib p. 17. e 4. Ed. 3. c. 14. 36. Ed. 3. c. 10. f â— R. 2â—c 4. g Walsing. An Dom. 1380. h Dâ—er f. 376. i Ian. 1642. k E.C. p. 657. 695. l Ib p. 100. m E.C. p. 887. n E.C. p. 654. o 25. Ed 3. c. 2. p 1. Eliz. c. 3. a Vide Covenant with a Narrative and The Declaration of the Scots b 7 Hen 7. c. 6. c Petition presented to his Majesty Ian. 1642. d Supplication of the generall Assembly Edenb. Aug. 12. 1639. e 2 Parliam of K. Charlesâ— Act 5. concerning the Ratification of the Coveâ—ant f E.C. p. 257. g In their instructionâ— concerning the Covenant 1638. a Protestation of the Lords and Commonâ— Oct. 22.1643 E.C. p. 664.