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
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
Churches patrimony p. 68. VI Their illegall forcing the King to go against his Oath legally taken at his Coronation p. 72. VII Their swearing to have no respect of persons in their Extirpations p. 75. VIII Their allowing their Iudges to punish Malignants as they shall thinke convenient though their offences do not so deserve CHAP. X. That the Covenant is repugnant to those generall Ends for which it is pretended to be taken p. 78. As being I. Contrary to the Glory of God II. Destructive to the Protestant Religion and serving rather to advance Popery III. Derogatory to the Kings Honour p. 80. IV. Preiudiciall to the Liberties of the Kingdomes as taken for the upholding of their power by whom all publike Liberty is already destroyed V. Inconsistent with the Peace of the Kingdomes as tending immediately to nothing but Warre with others and not likely to end in Peace amongst themselves CHAP. XI That the particular Ends of the severall Articles are likewise inconsistent with the matter of them p. 87. As I. A violent Reformation with the Growth of Religion II. A violent Extirpation of what is not sin with the clearing of the Extirpers from sin III. Their swearing absolutely to preserve the power of Parliaments but the Kings Person and Authority with reservation for this End that the world may judge of their loyalty and how they have no intentions to diminish his iust Power Here the world is in part informed wherein the Kings iust Power consists As 1. In making p. 88. of Law 2. In making p. 88. of Law 3. In declaring p. 89. of Law 4â— In executing 5. In appointing Iustices 6. In pardoning offenders p. 90. 7. In disposing of preferments 8. In protecting his Subiects 9. In Supremacy over all Estates 10. In calling adiourning proroguing dissolving of Parliaments p. 91. And how all these Powers are actually diminished if not destroyed by the Covenanteers In treating of the last particular the equity and so the validity of the late Act Against the Dissolution of this present Parliament is ventilated CHAP. XII The true End of framing and enjoyning this Covenant The bringing in of the Scoâ—s absolutely unlawfull p. 96. I. In respect of the English invâ—â—ing p. 97. II. In respect of the Scoâ—s comming Where the three pretended Reasons of their Invasion are debated viz. 1. The gâ—â—d â—f Religion in England p. 98. 2. The 〈◊〉 of their native King p 99. 3. The rescuing this Kingdome from destruction p. 100. III. Their many former Oaths and Protestations to the contraryâ— CHAP. XIII From these premises the Covenant is concluded unlawfull in respect of the Forme p. 104. Errata Page Line For Reade 3 18 left last 6 3 desciverant desciverâ—nt 7 2 and or 8 34 abjected abjured 10 13 Passan Passaâ— 14 35 convented convened ib. 37 knew know 21 21 interferre interfere 23 33 Assembly that Assembly of that 25 6 bulke balke 29 6 to English to the English ib. 20 our one 31 29 must might 37 31 considered considerable Those Quotations which occurre out of the Remonstrances or Declarations of Parliament are taken out of that Exact Collection printed for Edward Husbands and published by speciall Order of the House of Commons made Martii 24. 1642. which is here usually pointed at the most compendious way by these Characters A Review of the Covenant CHAP. I. By what meanes the Covenanteers were reduced to the necessity of entering into this Combination confessed to be their last Refuge WHen the danger is once over to reflect upon the many miseries they have undergone may haply afford some small comfort to such as shall escape but so long as we groane under the present distempers and can discerne no probable end of our sufferings but with our selves it is but a sad contemplation to look back upon our former Peace and enquire by what sleights we were fooled out of so happy a condition He that found the poor man ready to perish in the bottome of the pit and was more inquisitive how he fell in then sollicitous to use meanes how to help him out expressed a greater measure of curiosity then Charity It shall therefore be my chiefest endeavour to rescue if I may the many seduced Scules out of that pit of Destruction into which they are already plunged The danger of those courses that led them thither was wisely foreseene a and timely foretold by His Majesty but urgentibus Imperium fatis salutares Dei atque hominum admonitiones spernuntur If the Contrivers of these great Tropicks in Church and State had at first {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} acquainted us with their designes we should have been affraid to owne and ashamed to abet them No question but what comes last in execution was first in their intention The subversion of Government as well Civill as Ecclesiasticall was the prime aime of those Architects of State who were to erect their private greatnesse upon the publique Ruines For whom it had been in vaine to strike immediatly at the face of Majesty or talke of pulling up Root and Branch the first day At the beginning of our Parliament it was with the common People of this Land as once with the Roman Souldier Miles longo Caesarum Sacramento imbutus ad destituendum Imperatorem arte magis impulsu quà m suo ingenio traductus The tye of Allegiance which had been ever held sacred and the many blessings of a long Peace enjoyed under His Majesty and His Royall Father would not without the help of Arts and Industry suffer them to make a suddaine defection from their Loyalty Their nature therefore fatally inclined to change must be cunningly wrought upon by an odious representation and malitious aggravation of some past grievances their dull restive Spirits must be conjured up by those two vulgar Charmes Religion and Liberty they are commanded to beleeve this is destroyed and that endangered So to bring them out of love with their present condition and make them venture a certaine happinesse for uncertaine hopes By what degrees they were disciplined and broken to a perfect Rebellion I forbeare to rehearse But if the Covenanting Members yet remaining at Westminster of whom onely I desire to be understood through this discourse be the same men that managed the Cause from the beginning and were the true Authors of all those Declarations and Remonstrances fathered upon one or both Houses of Parliament I crave leave once more to put the Kingdome in mind of what they were told before b how they had brought their worke to such a height and degree of successe that nothing seemed to be left in their way able to hinder the full accomplishment of their desires unlesse God in his Iustice should send a grievous curse upon them When we lay this profession of theirs in the ballance with His Majesties Answer to that very Declaratîon c where he desired his actions might no longer prosper then they were directâ—d to
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
make as much use off to the seducing of weake soules Namely that the Covenanteers here in England have left as to themselves no visible Church no knowne rules of Doctrine no set forme of Government and Discipline and therefore they begin in London to erect new Church-Societies according to every mans fancy and humour This is false for the maine ground for as our King so our Church is still the same Nun quam obscura nomina licet aliquando obumbrentur Both under a cloud in some places but though they doe not shâ—ne in their full lustre yet are they not so darkened but any may see them who doe not wilfully shut their eyes against them I must not repeat what I have proved already that this Reformation intended to be brought about by the Covenanteers as it is already begâ—n by force of Armesâ— raised by Subjects against the Law to which they owe and the Prince to whom they have sworne Obedience is a thing not onely unwarrantable as contrary to the word of God the nature of Religion the practice of the true Church in all ages and the experâ—ence of former times but even against the rules of prudence and civill policy III. The third End proposed to this Covenant is the Honour and happinesse of his Maiesty and His posterity Where the King must of necessity be understood in a personall not in a politique capacity for in that onely he can be said to hâ—ve posterity in this he never dyes Now for his Spirituall happinesse it must be granted the many injust provocations froÌ„ these Covenanteers have afforded him sufficient matter of Christian patience and meeknesse for which he may expect a more eternall weight of glory in the heavens having on earth had so deep a share in that Royall virtue Bene facere malè audire But how farre their former actions and so in likelyhood their present intentions are opposite to the personall Honour and temporall Happinesse of His Majesty let them speak and the world judge If d whatever violence be used against any that exercise the Militia cannot but be taken as done against the Parliament by the same reason whatsoever is done or said against those that execute His Majesties Commands he cannot but take as done against himselfe much more those aspersions cast upon His Answers Messages Declarations Proclamations and other avowed actions of his owne tend immediatly to his dishonour The scandalous e impuâ—ations upon his Government forged in the same shop with this Covenant the defamations and invectives against his Person suggestions against his sincerity in Religion if not countenanced never punished though often complained off were these to his honour The seising and detaining of his Townes Forts Magazine Navy Houses Children was this for his Happinesse Directing their Cannon more especially against that part of his Army at Edge-hill and Newbury where his Sacred person was knowne to be was this for his Safety If these things be dishonourable in themselves it matters not by whose command they were done that does not alter their nature and make them cease to be so Whether their thoughts of his Children and Posterity be so full of Honour as they here give out we shall be glad to know by their fruits hereafter and unlesse those reveale themselves to the contrary shall not further question the truth of their pretensions IV. The fourth End of the Covenant is Liberty The common frontispeice to all popular Rebellions Libertas speciosa nomina praetexuntur nec quisquam alienum servitium dominationem sibi concupivit ut non eadem ista vocabula usurparet What a precious conâ—erve of publique Liberty what a sovereigne Antidote against any growing Tyranny this Covenant is like to prove which is principally enjoyned for the support of those menâ— power who under pretence of defending have already destroyed whatever had the face oâ— Liberty by anunheard of Tyranny may be easily discerned by presenting some few of their exorbitant invasions upon the Common Libertie of the Subject I am unwilling to be ever bearing upon that harsh string the Liberties of the Clergy which by the f Lawes of this Land are none of the least Suffering the People to abuse the Bishops that they might complaine and then punishing them for complaining turning them out of those walls where they had sate ever since there was a Parliament in England usurping the power of the Convocation in refusing to passe such Subsidies as they had freely granted and imposing others upon them without their consent Determining without and against their advice in matters of Religion and Ecclesiasticall cognizance Substituting in their place other Factious Spirits neither chosen by the Clergy nor approved by His Majesty dispersing printed Tickets inviting all men to accused them and publishing to the world the most odious extracts of those accusations before any proofe made of them or the parties appeared to their answers a thing as full of scandall to the Religion of the accusers as of injustice to the parties accused Fineing Imprisoning Sequestring and depriving them without any due processe of Law all these and more I could presse but if the Liberties of other Subjects have been preserved entire I am content the Clergy suffer We have been informed at large by the g House of Commons wherein the Liberties of the Kingdome consist and how they were infringed before this Parliament If there be any particular mentioned by them wherein the Covenanteers have not equalled or exceeded all former pretended violations from the Crowneâ— let our sense of the present confer with our memory and experience of the former times and freely pronounce whether that Remonstrance had more of History or of Prophecy Those distempers which before assaulted never till now over-whelmed and extinguished the Liberty Peace and Prosperity of this Kiâ—gdom nor weakened and undermined the foundation and strength of the Royall Throne The forced Contributions upon the Propositions are executed with more cruelty upon refusers then any moneys formerly taken up by Commissions of Loane The Petition of Right and Priviledge of Parliament have been insufficient to protect either other Subjects or the Members of that great Councell from fines Imprisonments without baile or Habeas Corpus from triall of some and Execution of others by Martiall Law Tunnage and Poundage are received h contrary to an Act made this present Parliament without any colour of Law or precedent to warrant it Shipmoney and Monopolies are revived under the new name of Excise to the value of many thousand pounds a moneth A thing on their part so odious and illegall that they who now impose it did once seem so farâ—e to detest it as to put out a Declaration i calling it A scandall raised against them by Malignants Not onely private interest but Publique Faith has been broken by them in neglecting to pay the Scots according to agreement employing that and the money raised for reliefe of Ireland
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
incapeable of any benefit or office in the Kingdome Lastly the case in England and Scotland is not now the same the edge of those Lawes which were formerly urged against them is taken off by a late p Act of Parliament Whereas our Lawes stand yet in full force and no man can be assured but the King may one day recover so much strength as to put them in execution 11. The next Assertion being equally false is equally destructive to the foundation of this Covenant which is not as is affirmed according to the example of Gods People in other Nations which Text if we expound by q M. Hendersons Comment either of the Israelites of old or the Protestants in Germany and the Low Countries of later times it will but serve to set out the ignorance or impudence of the Contrivers It is true the Iewes made many r Covenants but none like to this For 1. All theirs were terminated within themselves they did not vow the Reformation much lesse extirpation of any Common Enemy Syrians or Babylonians of another Nation or Religion for which yet they might have a better colour then our Brethren of Scotland now have 2. The object of their Covenants was not like this of oâ—rs no pretended Priviledges or disputable Liberties in matter of State nor any conjecturall fancies or probable opinions in point of Religion but either an universall obedience to the whole Law or a more strict observance of such particular Precepts wherein they found themselves most defective 3. No one of their Covenants was ever sworne against the will of the Magistrate but alwayes at the personall command and example of their Supreme or at least subordinate Rulers not opposed but countenanced by the Supreme A circumstance which had it ever been omitted by them might have been thought lesse necessary in regard the matter of their Covenant was alwayes enjoyned by God himselfe Next for Germany we must remember that Countrey is of a much distant constitution from the Kingdome of England Many Princes and some Cities there doe not acknowledge the Emperours Supremacy as we doe our Kings yet never made any such Covenant as this against him The first and principall by the Protestants at s Smalcald was not of sworne Subjects against their Soveraigne but together with their Princes for mutuall defence onely not to offend any And their last Covenant in the Pacification at * Passan after much effusion of blood and the ruine of many Noble Families ended in this that no man should be troubled for his Religion whether Romanist or Reformed Lastly the highest straine that I meet with in any Covenant made by the Protestants in the Low Countries is no more then this t To defend themselves and oppose the Inquisition The never vowed to extirpate either Popery or Prelacy though the Prelates were of a different Religion but in some of their u Covenants bound themselves to preserve them and plead in their Petitions for the expediency of tolerâ—ting divers Religions in the same State Nor can I but admire the confidence of that Orator who would impose upon his Honourable and Reverend Auditors a thing so contrary to all experience urging the example of those Countries for extirpation whose constant and continued practice in the toleration of all Religions is almost without example If this be not enough to disprove the truth of this ground their owne Writers * M. Henderson M. Nye and M. x Mocket shall witnesse against it who with one mouth confesse this Covenant to be such a thing as they never read nor heard of nor the World ever saw the like It is not then according to the former practice of these Kingdomes nor the example of Gods People in other Nations Onely the Holy League in France which y some of our Covenanteers so much disclaime was so fully parallell to this in all circumstances that if I had leasure to confront them the Reader would say Bithus and Bacchius were not more alike I could with a wet finger out of the z Authenticke Histories of that League derive the whole pedigree and progresse of this and point out thence the maine Heads and particular insinuations of such Remonstrances and Declarations as ushered this Monster into the world Sed spatiis disclusus iniquis Praetereo CHAP. III. The unlawfulnesse of this Covenant in respect of the Cause Efficient as made by Subjects against the will of their Superiour in such things as necessarily require his consent HAving discovered the grounds of the Covenant to be false we may well presume the superstruction it selfe is rotten and ruinous as will more fully appeare upon a strict survey of all its causes and ingredients First in respect of the Cause efficient which is the parties covenanting swearing vowing and inter-leaguing one with another the unlawfulnesse of it does appeare in this that it is made by such as are or should be what they professe Subjects all living under one King not onely without any leave obtained or so much as once desired but contrary to the known will and expresse command of this their lawfull King and that in such matters whereto his consent and approbation is necessarily required without which they could neither lawfully take it at first nor after his dislike is made known to them ought they to persist in it so as to hold themselves bound by it though the matter of it were in it selfe otherwise just and good For without controversie the parties Covenanting as to some parts of this Oath are as much subject to their supreme Head the King as the daughter to her father or the wife to her husband I shall not here need to question whether the King be Minor Vniversis it will serve the turne if he be Maior Singulis for in this Oath every man sweares for himselfe as a private person not in any publique capacity If then by the a Law of God the vow of the daughter or wife was so farre in the power of the father or husband that he might confirme or cancell it as he pleased and God refused to accept of it from the woman unlesse the man to whom she was subject did ratifie and allow it Vpon the same ground of subjection though the matter vowed in this Covenant were not otherwise unlawfull yet being such wherein the parties vowing are and ought to be subject to the King it is in his power to irritate their Oath to declare it void and null and if they persist in it they sin 2. This shewes the Covenant to be unlawfully taken but much more unlawfully obtruded upon others as a new solemne Oath which they have no authority to impose that do it The same Engine by which they dismounted the late Canons and diâ—charged that Oath will serve to fetch off any Ordinance oâ— Lords and Commons commanding this That a new Oath cannot be imposed without an Act of Parliament was a Truth so undoubted
of godlinesse The same grand Enquest of Middlesex which found the Bill against Episcopacy may impannell hereafter and upon the same evidence finde against Magistracy The same Arguments which set the Rooters on worke will finde them more employment when this is done when their hands are once in they may proceed for a through Reformation to extirpate all Civill superiority all distinction of Lords and Gentlemen They who put these reasons into the mouthes and that power into the hands of so many knowne Anabaptists may be too weake to wrest it from them when their owne turne is served VIII In the third Article I bulke the Priviledges of Parliament so mysterious and intricat as no man dare undertake to state them truely and onely take notice of that passage where they swear to preserve and defend the Kings Person and authority in the preservation and defence of the true Religion and Liberties of the Kingdomes If his Authority were as well knowne as his Person yet might it well be doubted how farre these words intend the preservation of one or other g Mr Ward in behalfe of the Covenanteers gives two expoâ—itions of them for surenesse either that we sweare to defend his Person and Authority so long as he defends our Religion and Liberties Which is not so much as they sweare to doe for any ordinary person that takes this Covenant For they vow in the sixt Article absolutely to defend all those but here they undertake no more then barely to endeavour to defend the King Or Secondly that in defending Relâ—gion and Liberties we do defend His Maiesties Person and Authority yet may it so fall out that what they doe or intend for his defence may truely tend to his destruction And this we must confesse is not common to His Majesty with the rest of His people who as it seemes has these two Prerogatives left yet unquestioned that as the Kings Commands and none but His may be disobeyed by the Kings Authority so his sacred Person and onely His may be destroyed in His owne defence IX It is further to be observed in the frame of this Oath that contrary to the method of the generall Protestation the Priviledges of Parliament what ever they be have got precedency of His Majesties Person which alteration surely was not without cause It is therefore a doubt very necessary to be resolved when the certaine safety of the Kings person comes in competition with any of their reall or pretended Priviledges which is to be preferred Whether by this Oath they are not bound in such a case rather to suffer his person to perish or actually to destroy him then violate any such Priviledge or leave it unpreserved X. I likewise doubt what manner oâ—liberties those are which the Covenanters ayme at seeing they have never yet claimed any as due by law which were denied them I meet with a new word much in request of late in some Scottish papers The States and though it hath been naturalized by Act of Parliament in England I am not yet willing to understand it When our men would caresse the united Provinces they apply the word to this Kingdome and tell those High and mighty Lords when they complain of that assistance which His Majesty received from thence h We cannot beleive it was done by any direction from their Lordships Neither can we think that they will be forward in helping to make us Slaves who have been usefull and assistant in making them Freemen Whence we may well be jealous â—â—at by Liberties of the Kingdomes they intend no lesse then those of the Low Countries and till they can attaine to be such Free-States in their owne opinion they are no better then Slaves XI When they make it a part of their Oath to bring all Malignants to such punishment as the supream Iudicatories of both Kingdomes respectively shall iudge convenient it should seem they have lost a Kingdome already for {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} they begun with three Kingdomes and now here are but two left I will suppose England to be one and here it will be a grand doubt to determine which is the supream Iudicatory i Whether in some caseâ— the Kings Ordinary Courts of Iustice be not supreme Whether the House of Commons be a Iudicatory at all k Whether the House of Lords be in all cases Whether if they differ in their judgement eitâ—er of them be supreme and which that is or both or neither Whether if they should both concur in matters of universall concernment to the whole kingdome without or against the King they ought to be reputed Supreme Whether if His Majesty should concur with them in things concerning Reformation of Religion the maine businesse of this Covenant the joynt assent of the l Clergy be not regularly required by the Lawes of this Kingdome If this one question about the supreme Iudicatory were rightly stated perhaps all other doubts would not be tanti But this still depending we are left to uncertaine resolutions for all the rest XII In the close of the Covenant it is very uncertaine who they meane by those other Churches groaning under the yoake of Antichristian tyranny Surely none more than those of the Romish Religion who acknowledge the Popes Supremacy Yet Master m Henderson applies it rather to other Reformed Churches which as he sayes when they shall heare of this blessed Conjunction it will be no other than the beginning of a Iubile and ioyfull deliverance unto them from the Antichristian yoake of tyranny Who those Reformed Churches are I professe I do not yet understand unlesse that Civill Dominion which their naturall Princes of the Popish Religion exercise over them be reputed by the Covenanteers a yoake of Antichristian tyranny CHAP. VI That the performance of sundry Clauses in this Covenant cannot be without grand inconvenience or injustice RIght reason will dictate that we ought not to make such a promise as cannot be performed without manifest inconvenience and Religion will adde that it were a sin in such cases to binde our selves by a solemne Oath Many things in this Covenant though they be not simply impossible nor absolutely unjustâ—in toto genere yet in many cases they may prove to be so and therefore cannot be sworne in righteousnesse and judgement If I make good this charge against it then must it be acknowledged a rash indiscreet and therefore a sinfull Vow I. If a quite different Forme of Church-government from that of Scotland be approved by the Word or at least conceived to be so then all such as are so conceited as amongst the Covenanteers not a few cannot with a safe conscience sweare to preserve that Government in any Church which they are perswaded is not according but contrary to the Word of God Again the Discipline and manner of Worship used in Scotland are not onely alterable in themselves but confessed to be so by the a Doctrine of
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