either side then these foure above-mentioned The Convocation house at Oxford urging a violation of that Statute 11 Hen. 7 before recited and in page 31 of their Book viz. that None that shall attend upon the King and do him true Service shall be attainted c. therefore requiring the people by vertue of that Statute to assist the King contrary to the Negative Oath imposed by the Parliament in these words That I will noâ— directly nor indirectly adhere unto or willingly assist the King in this Cause or Warre against the Parliament nor any Forces raised without the consent of the two Houses of Parliament The words assisting him are made use of only without the termination or qualification how or on what termes neither the People nor the Parliament the Representative of the People in Henry the seventh his time would have made or consented to a Law made noxious to themselves If Henry the seventh had severall wayes oppressed his people and afterwards taken up arms to maintaine his oppression the Parliament would questionles have forborn the enacting such a Law the Title whereof especially relating to the doing the King true service wherefore unlesse true and lawfull be contradictory terms which no man will suppose that Statute was not so fitly applyed in opposition to the Negative Oath Neither doth the Objectour takeing out only the word assisting and confining it to such a contracted sense as may serve his turne satisfie the impartiall Reader weighing and examining the tenour of the Statute and wherefore it was enjoyned But to the Reasons of the Presbyterians and their parties deserting their first judgment if so they have it may be rather judged to be a fencing and tryall of wits in an argumentative way of discoursing only then any setled revolting from their first opinion They are well read in the good mans Character who will not be afraid for any evill tydings his heart standeth fast and will not shrink untill c. which suiteth well with the beginning of their Covenant That they will sincerely really and constantly in their severall places c. Sincerely and Really that is with all truth and faithfulnesse Constantly which is without defection or falling off on triviall dissentings in judgment and opinion The Arguments they have lately taken up against the residing part of the Parliament and the Army the maintainer of their power and next under God the preserver of our Peace are none of the more eminent sort of the Presbyterian Parties nor like to theirs rather from a more willfull and weaker sort The House of Parliament being grown thin by their first dividing is by the Presbyterians deserting it become more thinne the more weake it is through their defections the more need it hath of being supported by their returne As for the Force which they and their sub-divided Party urge to be offered to them by the Army their Servants an high affront and breach of Parliament Privileges both parties Presbyterian and Independent seeme to be forced alike though not in an equall degree of strength and number yet in a strict and closer tye of Policy and Prudence by and through an extream and inevitable necessity for the preservation of themselves and their fellow Subjects neither they nor any of their party can devise or act a means how to sâ—ttle such a course as may prevent a totall confusion or the overthrow of those who have already prevailed by the Sword Nor to Still the common Enemy and Avenger but if he being hard driven should by Treaty or other unsafe way of setling a peace have prevailed he had been left at liberty to do his pleasure in Treaties or like wayes of Parleance what security could he have given or would he have kept commensurate to the safety and welfare of many thousands engaged in this quarrell to the avoidance of those dangers and jealousies administred by him The example of Henry the third of England is memorable for his complyance and giving way unto a Treaty his signing Articles to perform the Treaty but when he had by that recovered his power againe kept none of them But to the Presbyterians Arguments and their paralleling the Kings offering a force to six members of the Houses of Parliament to the force offered unto the eâ—ected and repulsed Members by the Army the King might by an usurped authority break in and do whatsoever he pleased to grieve and vex whosoever should not submit to his will to exercise a regall power above the Lawes from assuming unto himselfe by a strong selfe conceipt an unlimited Soveraignty transcendency of Might in nothing to be resisted to awe and force this present Parliament and all future Parliaments in case he had any purpose to summon any more to his beck as t is probable Not long after by the like menacing and imperious Act of Proclaming those Gentlemen i Traytors who either obeyed not or refused to conforme to his present will There was no necessity but his sole will to force all those who complyed not with him to save and rescue his creatures from the hand of justice and whether there be not now a stronger necessity then before the great and universall engagement of many good and deserving men let all men judge In that the Presbyterians take it ill that their servants so the Army stile themselves should force their Masters they are not simply and precisely servants immediate many of them their equals as being Members of the same Parliament and Commanders and Officers in the Army the private Souldiers commanded and led by them or the Army relatively unto Them as Iurors in a tryall of Right at Westminster before a number of Iudges for so the Parliament are although the resemblance holds not adequately as to an Army and to a Iury Let a Mayor part of the Iudges incline or direct which way they please yet an upright Iury will find according to the evidence in being The evidence in this case is the certainty of knowing and recollecting things past the foresight of things to come which induceth them to bring in such verdict as may render all things iust and safe for when it shall happen to be debated which ought to be prefered The Privilege of Parliament or the safety of a Kingdom every one can judg which ought to sway the Ballance Againe admit 〈◊〉 Army to be their Servants yet properly they are servants unto those from whom they receive their pay that is from the Kingdom and the Representative thereof neither from the Presbyterian nor Independent party In a mixt and joynt Government where more then one commandeth and a mutuall consent had betwixt the Governours that the People to be commanded shall obey the discreeter party they mutually consent that the people shall be directed by the wiser of the two there it is left to the Election and discretion of the people which of them to pay obedience unto It skills not in a governing and politick
themselves yet if there be a greater price at stake and the chief Governour be false to his Trust in Government that thereby the safety of many hundred thousands be in jeapordy that his design be probably such as to make his way through the shedding the bloud of many thousands for compassing it and rather than fail engage the Kingdoms each against the other to the destruction of all three It cannot be thought a breach of the Covenant in the Covenanters to remove the Governour when as the more principall matters to be secured are in danger to be destroyed The Resemblance may be fitted in a case of a narrower orbe if souldiers in a Town of Garrison for the better security of the Town shall enter into a League and Covenant to preserve the Magazine thereof to keep withoâ—t making away or suffering to be made away the Arms and Ammunition belonging to the Garrison to defend the Governour thereof if notwithstanding this their Oath and League they shall suspect Revolting in the Governour a Failer of his Trust whereby to turne the Arms and Ammunition against the Garrison and the Inhabitants to the detriment and destruction of the Town so that upon good causes of suspition of their Governours breach of Trust they remove the Magazine and Arms they withstand and resist the Governour it is no violation of their Oath for what they swore was in order and relation to the most considerable part of what they were to maintain viz. The defence of the Town and Garrison without staying untill they had too late made a perfect and full discovery of the Governours Revolt and Falshood If the King hath given cause of suspition of maintaining Å¿ Popery Prelacy or of disturbing the Peace of any of these his Kingdomes it is no breach of the whole Covenant to provide against the endangering of what they have Covenanted more principally to secure The Question is not of the King his enjoyning his immediate and actuall bringing in of Popery for then his own Protestant Party would have failed him in the maintenance of his Cause and Quarrell nor of his upholding and adhering unto Prelacy which the t Scots have so much withstood and laboured to extirpate but if he had not by his Power Favour or other personall relation working strongly on his affections given Cause of just suspition of maintaining the one viz. Popery of his taking part and favouring the other Prelacy if he had shewne any dislike he had of Prelacy any condiscending or propension to the abolishing it according to the u Covenant which he hath beene often implored to take inhibiting it If he had not had a great influence on the Archbishops and Bishops and if the Author of that Book be to be credited they Protection and Incouragement from him One of them avowing these Contentions and the Warre to be Bellum Episcopale as hath been given out That the Warre was intended and waged against Bishops and the Hierarchicall Government and had they not had tuition support from his exercising a more powerfull Authority then their ordinary and meaner friends could have supplyed them with there had not so much bloud been spilt in this Quarrell So the substance and drift of the Covenant one part of the Article being to defend the Kings Person and Authority is not crossed by taking the Engagement of late enjoyned if duely weighed Admit that the Letter of the Preamble to the Covenant did in the Covenantâ—rs sense comprehend the Kings Heirs and Successors yet still the maine and principall parts of the Covenant are to be observed in order to the preservation of the Protestant Religion the Subjects Liberty the Peace Union and Safety of the three Kingdoms So that if his Heirs and Successors shall be discovered and known to tread in their Predecessour's steps he having given cause of suspition of his endeavouring to overthrow them all the Covenanters could not both maintain the Honour of his Heirs and Successours and yet in the common Cause of Religion Liberty and Peace of the Kingdoms withstand as they w protested they would all opposition to bee made against the same and what they could not of themselves suppresse they would doe their best to prevent and remove The Scots our Covenant-Brethren cannot but confess that the words Preventing and Opposing in the Covenanter with his large expression of bending his whole force and power carry an universall and greater latitude then to take away the present power of the Fathers Person or that the Covenant should continue only for his life time seven years and the term of life being by common repute in men's commerce equivalent each with other the Covenant neere half so many years in framing no doubt was made and entred into to remain for longer then for so soon an expiring term as a mans life to provide against his future and successive power To take the paines of removing Danger out of the Fathers reach and leave it in the Sonne or any of his Successours being of the Fathers temper and laying His Cause to heart could not be thought a Task worthy of so solemn a LEAGUE and COVENANT or the Industry which both Kingdomes have taken to settle their Peace and Liberties As to that part of the Covenant that they had then no intention to diminish the Kings just power and greatnesse they might intend no lesse untill they saw they could not overcome him by humble applications and dutifull addresses by their Reasons Declarations and Messages setting forth the wrongs and injustices acted by his Ministers of Iustice the mischiefs and dangers whereunto his Kingdomes were exposed unlesse he returned and hearkned to their Councels and joyne in redresse of such Grievances yet notwithstanding those faithful humble expressions that they could not discerne any conâ—iscending to such Peâ—tions any acknowledgment of his former errours any placable or propitious heart towards his Parliament and People any purpose in him to signe those Propositions as the only and necessary means for setling a safe peace long since tendred to him joyntly and unanimously by the Parliament then sitting whether Presbyterians or Independents as they are called yet not concluding or providing what was to be done in cased he did refuse but instead of sorrowing for what he had done his refusing to signe those Propositions and contrary to the x Articles of the large Treaty agreed upon gracing and preferring to his nearest secrecy and trust a person proclamed guilty of High Treâ—son charging still and banding against the Parl. one of the Supremest and Greatest Councells for weight and number in all Europe Retorting on them and highly and with a scornfull vanity demanding in lieu of the Propositions sent to him counter-Propositions of his Parties devising to be sent to them contending to lay the deluge of blood spilt in this Warre at Their doors and theirs alone ever seeking by a covert and restlesse ill-will one way against the y
then what the Apostle enjoyns Let every Soule be subject to the higher powers for there is no power but of God the Powers that be are ordained of him and whereas they have enacted and declared that all men in Offices of trust and qualified shall promise to be true and faithfull to this Commonwealth wherein they live and from whence they hold and enjoy their welfare requiring afterwards a Subscription and Engagement of Fealty unto the Commonwealth as it is now established without a King or House of Lords the peoples subscription thereunto is no more if small matters may hold resemblance with greater then Tenants of a Mannour unto a Lord thereof unto whom without disputing the Right and Title they promise their present Fealty If the Lord unto whom they have heretofore done Homage be disseâ—sed by a stronger then himself take it either of Right or Power the Tenants are to pay their Homage to the Lord that is It is not to the Power already past or that which is to come but to the powers that be unto which Subjection is to be rendred The name as the Office of a King hath been an ancient continued and supreme Title before and since the Conquest his single person subject yet to Passion Error Faylings through which he may more expose his Kingdoms unto dangers then a Councell of Parliament can well be thought to do A Parliament hath been a discontinued and intermitted Court howbeit of l Supreme Authority and Honour within the power of any wicked or impious King if any should happen to reigne to be held on or dissolved at pleasure untill by a Law Enacted by the late King's consent This was not to be dissolved unlesse they pleased Wherefore the People leaning rather on the one the King being of a setled Being and who could Reward or Punish at his Will then on the other the Parliament of a more unstable Being and heretofore Dissoluble at the pleasure of a Prince the Parliament judged it fittest to take away his Power and Office lest by vertue of such Power he might Dissolve Convene at pleasure and so Awe their next Convention as to Repeale and make Null the Laws and Acts of this The Inconveniences may be many discovered by their prudence which the state of Common-wealths in a Monarchy may be subject unto when Princes in their Usurpingly Absolute and Monarchicall estate abusing their Power Trust and Liberty have become Tyrants over the Lives and Liberties of the People assâ—ming moreover so much unto themseves or having been flattered by their Creatures to believe That they are Gods on Earth as some of the Roman Emperours did arrogate unto themselves That their Power is so vast so Soveraign that the People were ordained for their behoof to doe and pay Obedience in whatsoever they shall Command not the King for the m Peoples good That Kings were accountable to none but God for whatsoever they doe as of late 't was threatned That the Kingdome hath its Power and Being from the King when as a grave n Divine by his Reading proves That the King hath his Power from his Kingdome therefore his Authority further illustrating upon the point That howbeit Power and Authority be tearmes sometimes confounded if distinguished makes clear the matter for Authority is a Right and Lawfulnesse to command Obedience such as all Governours and Magistrates have more or lesse But Power is a lawfull ability to force Obedience where upon command it is denyed One may have a just and lawfull right to command that wants a compulsive power to restrain from committing sinnes as to enforce mens duties Others may have strength to force commonly called Power that wants Authority to command and Power is that which in all Government bears the sway Wherefore in the Scripture Rom. 13. it is taken concretively for the Governours and Magistrates themselves which have Powerat Command to force Obedience to their Commands Now there is no doubt but the King hath full power to command according unto Law all such as are subject to him by Law But if upon command obedience be denyed whence hath he lawfull power to enforce obedience whence hath he power to make good his Authority but from the people he cannot have it from himsele being but one man To keep a strong guard of some of his people to impugne and force the rest must needs produce Commotions Insurrections and a civill War the * Philosopher and others who write of Policy will tell you it is Tyranny nor is such ability Potestas but Vis Violence not Power because unlawfull when Vis and Potestas or Vis and Jus doe clash and skirmish the consequence is dangerous To keep an Army on foot continually under other pretences thereby to affright and force the Subjects is little better therefore the Kings Power must needs come from his own Peoples hands and strength and from the same People must come his Authority If any other should give him Authority which were not able to make it good by Power it were given him in vain nor were the People bound to make that good which themselves gave not whence he hath his power then from thence he must needs receive his Authority even from the Kingdom Notwithstanding which admit what the Kings party would have That the Kingdome hath its Power or Being from the King that Kings as Nursing-Fathers are worthy of much honour yet where they lay waste their Soveraignty by oppressing their People by exercising a Tyrannicall Power over their Estates Lives where they embroyle their Kingdomes in such a War as the doubtfulnesse of the successe hath protracted it for many years the continuing it hath consumed the Estates and appall'd the hearts of most of his people no man knowing yet the worst and end thereof they cannot expect Power Being and Welfare from such a King The danger of the continuing therof consists in this That howbeit there have been heretofore Civill Wars betwixt the King and Subjects of this Nation none like to this consider it either in the manner for the beginning and continuance of it for the opposite and crosse Engagements even beween the nearest Friends between Brethren of the same Bloud betweene the Father and the Sonne between Equalls in all Degrees and Faculties Amongst some really and with vehemence pursued amongst others though opposite in judgement and opinion yet so linckt in relative affection each to other that their Actings and Contendings seem rather a mutuall agreement with their Friends of the opposite part to serve each others turne then a true and reall Discord to the end that which of the parties shall prevaile the Prevailer by such mutuall contract shall be able to helpe the Conquered And that which seems strange in the Quarrell the most unhappy to the protracting it is the Violence and Heat in many of the Opposites shewne in their contrary arguings and assertions one to the other as that the taking up
that end so the Protestation taken all together is best observed and kept To the Protestation for the Defence of the Protestant Religion every one who takes it is not immediately and specially bound by vertue of his Vow to n extirpate and remove all Papists or to offer violence to their persons that is above the Power and Liberty of every common Person neither is wishing well alone and sitting still a sufficient discharge of the Protesters duty of vowing to endeavour Endeavouring is a progressive motion and the Protesters neglecting and supine failing to endeavour can be no better reckoned of in these divided and subtile times then the * Historian did of those Souldiers who dreamed of their enemies Votis Sedenâ—o debellari posse or what the * Prophet doth of the Aegyptians that their strength was sitâ—ing still A perfunctory and neutrall slackness in the Protester satisfies not the precept which God himself enjoynes When thou vowest a vow unto the Lord thou shalt not bee slack to pay it and wherein many have not only deserted this their vow but endeavoured against the same others contemplatively onely and remisse as not endeavouring at all but with close and cautiouâ— Reservations keep off their Endeavourings thence become wiser in their owne eyes then their fellow Subjects their abstruse and close demeanour being like Caius Cotta his observed by the * Oratour who to carry on his Ambition and private Interests did outwardly comply with all sides concealing and reserving the affections of his heart to his best advantage The passive and faint observing of the Vow and Protestation in some the Acting contrary to it in others is a sinne which GOD is justly angry for the neglect of which vow as wee may justly feare to use the very words of the o Divines open one Flood Gate the more to let in all these calamities upon the Kingdom Wherefore if he who hath taken this protestation and shall solemnly observe the same shall foresee or hath cause of suspition to believe that the Protestant Religion is or was when he took the same in danger of declining and that the Papist was then p connived at and countenanced by higher powers for the Question is not about the certaine and actuall bringing in of Popery but touching the pregancy of suspition if the Protestor adhereth to that party which promiseth to defend the Protestant and opposeth that which countenanceth the Popish his Protestation is then truliest kept a promise or vow the more pursued the more fulfilled in like manner to the other part of the same Protestation viz. The maintenance of the Kings honour every one who takes the same is not thereby bound to comply assent unto and obey the King in whatsoever he may command whether unlawfull or unjust or to think all his attempts and actions Iustifiable throughout This were indeed in the highest degree and seemingly to honour him but in a more serious and as truly a loyall way of his being honoured by his Subjects is when they or those who are put in Place and Auhority over them shall enquire into and provide against all things incident to his Dishonour when they shall endeavour to suppresse all Astronts which may be offered to his Dignity This though a more remote and lesse flattering yet a more stableand certain discharge of duty in honoring him To the COVENANT the q Preamble prefixed thereto points at the sense thereof in these words VVHereas a Covenant for reformation and preservation of Religion the maintenance and defence of Lawes and Liberties hath been thought a fit and excellent means to acquire the favour of Almighty God towards the three Kingdoms of England Scotland and Ireland and likewise to unite and by uniting to strengthen and fortifie them against the common Enemy of the true reformed Religion peace and prosperity of these Kingdoms And in the Covenant it selfe wherein the Noblemen Barons Knights Burgesses Ministers of the Gospell and Commons of all sorts in the Kingdoms of England Scotland and Ireland do swear That they shall sincerely really and constantly through the grace of God endeavour in their severall Places and Callings the preservation of the Reformed Religion Secondly That they shall in like manner without respect of persons endeavour the extirpation of Popery Prelacy c. Thirdly That they shall with the same reality and constancy in their severall vocations endeavour with their Estates and Lives mutually to preserve the Rights and Privileges of the Parliament and the Liberties of the Kingdoms and to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdomes Fourthly That they shall with all faithfullnesse endeavour the discovery of all such as have been or shal be Incendiaries Malignants or Evill instruments by hindering the reformation of Religion dividing the King from his People or one of the Kingdoms from another and them to bring to publick tryall Fifthly That Iustice may be done upon the willfull opposers of the firme Peace and Union betwixt the Kingdoms Sixthly That they shall in this common Cause of Religion Liberty and Peace of the Kingdoms assist and defend all those that take the Covenant and shall not suffer themselves directly or indirectly by whatsoever combination perswasion or terrour to be divided or with-drawn from this Union or Conjunction The Objection which some men make that the late Engagement doth crosse the Covenant at least one Article thereof of defending the Kings Person and Authority It seems not so if we go further to what his Person and Authority is to be defended and observe the whole Article the current of the Covenant being for the preservation of Religion the Liberties the Peace and Union betwixt the three Kingdoms against Papists Prelates Disturbers and Opposers of such Peace r In divers cases it canot be denyed but the obligation of an Oath or Covenant doth cease As when we swear Homage and Fealty to our Lord and Superiour who afterward ceaseth to be our Lord and Superiour then the formal cause of the Oath is taken away and therefore the Obligation Sublato relato tollitur Correlatum Admit that the three Kingdoms had been in imminent danger of Invasion from a Forrein Enemy and the Subjects should for the defence thereof enter into a Solemn League in these words Whereas a League and Covenant for strengthning the three Kingdomes is thought a safe and necessary means conducing thereunto That they will resist prevent and bring to publique Tryall all wilfull Opposers of the safety of the said Kingdomes with sowe other subordinate clauses and branches in the Covenant as namely That they will maintain the Chief Governour of them in his just Power c. let it be the King himself or some other supreme Power equal to the King although the King were to be valued as King David's People did value him at the price of ten thousand of
have both behaved themselves The Presbyterians being against Subscribing is not in respect to the House of Lords nothing in the Covenant to deter them from Subscribing as touching the leaving out or holding in the Lords whom no part or Article of the Covenant includes or comprehends Briefly to understand the Reason of Enjoyning Taking or Refusing it which is now become a disputable Theame the exception against the taking is either in the manner the formall reason the scope and intention of those who enjoyned it or the matter enjoyned as to the first the reason of enjoyning it seems no other Bond and yet then what the Parliament their friends did about 8 years since of entring into a Covenant for the better strengâ—hening and 〈◊〉 fiâ—mly binding all men together in a Religious and Civill Union that seeing Dividings in Opinion and Dissentings in practice are fatall to the Conquerour Union and Accord to the Conquered the Parliament contends to bring all men into one form of Civill Government to one unanimous judgment whereby after the p Uniting of their Minds a Restraint of Hands and ceasing from further Contentions might ensue to the begetting a firme and lasting peace Opposition in Affections begets the like in Actings and Endeavourings especially in a Civill Warre where men of eminent and active spirits zealous for and fond of their own Opinions anâ— bold to vent them when subdued by Arms and convinced by Reason shall resolve into Revenge and Fury and become restlesse in their attempts even to the hinderance of an ensuing Peace untill they and their Party may gaine what they have lost The Engagement now enjoyned and tendred seemes more easy to be observed more uniforme then the Covenant the * Covenanters protesting in one place That they will desend the Kings Person and Authority in the preservation of the true Religion and Peace of the three Kingdoms in other places That they will really sincerely and constantly without respect of persons endeavour to bring unto condigne punishment all such as shall oppose and disturbe such Peace If a King shall sweare to governe according to the Lawes of the Land as the late King did the Oath is no longer to be understood an Oath then the Lawes have being To govern taking it without an addition is an indefinite and indeterminate act To governe according to the Lawe a qualified and limited one in the termination of his Oath The termination in the Covenant for the preservation of the true Religion Liberties and Peace is the reason and formality of that and of other Articles of the Covenant A Covenant or Promise to preserve the Kings person without setting down wherefore or to what end is a short and indeterminate promise unlesse the intent or finall Cause of such promise be expressed Wherefore if the King as the Lords and Commons have often charged him be guilty of the blood spilt in these his Kingdoms the Covenanters could not both defend his Person and Authority * and yet bring to publique Triall thâ—â—uthors of the effusion of that Blood and to bring them to that condigne punishment as the degree of their offences should require or deserve as is elsewhere mentioned As to the matter of the Engagement to be true and faithfull to the Commonwealth as it is now established without a King or House of Lords what is the exception against the subscribing this The King being dead and least the Prince his Sonne or any other of his Family shall pursue what he hath threatned the revenge of his Fathers death the Parliament hath thought it fit yea necessary to exclude him as a King from the Supremacy of this Government the Competition being betwixt a Monarchicall forme of Government a Government by a King and a mixt of Aristocraticall and Oligarchicall or of a Common-wealth without a King If the former be admitted viz. a Monarchicall the power of Government then descends unto the Prince the late Kings Sonne and Heire So the Presbyterian having entred into a Covenant chiefly and principally for the defence of the Protestant Religion the Subjects Liberties seems to waine those parts of the Covenant entred into for defending them if now that the Father is taken away they admit the Sonne treading in his Fathers steps unlesse the making and taking it were inâ—ended onely to inure and remaine in force for the term of one mans life Wherefore the Powers that be have good cause to be jealous of such as reject the latter Form embracing a Monarchicall one as complyers with the late King and Prince and weary of submitting and adhering unto them Wherefore the States enjoyning the Engagement is no matter of chance as a thing which may be required to be done or let alone of none or a slight concernment devised or instituted to little or no purpose when conducing as far as at the present they judged it might avail to the discovery of mens affections it conduceth likewise to the settlement of a Peace and Union for whilst the mindes and judgments are no more unanimous the contentions in this War will hardly cease The choice of Taking and Refusing should likewise be of a judicious and sober inquiry as who doth enjoyn and to what purpose t is enjoyned not that therefore we should so refuse because we have suddenly and rashly resolved so to doe a fault incident to yong wits hot and fiery spirits or because we see learned and eminent men in other kindes of knowledge able indeed to lead weak and unstable spirits Captive unto theirs do refuse but on good deliberation and well weighing wherefore the State hath required it They in their enjoyning the Engagement insist not nor is there cause they should so much on the value and efficacy of polite Learning and knowledge take it either in Languages Arts or Academick faculties or â—n the judgment and discretion of such Men as have read a multiplicity of Authors or are as Mâ—ses was skilfull in all the Learning of the Aegyptians as on a sober studied and well grounded Prudence ballasted with Observation and Experience all which the Learned may likewise have governing and guiding the safest way to a selfe-preservation and welfare of a Common-wealth Besides the Novity the Unexpectednesse of the Engagement now enjoyned other discontents and heart-burnings are whispered and cherished by the common Enemy insinuating and seditiously giving out That the Nobility are unthankefully and indignely dealt withall as being detruded from their Rights and Privileges of sitting in the House of Parliament as Peers to joyne with the Commons in the debate and handling the affairs of the Commonwealth withall that those Lords who have been active and assistant both in their Estates and Countenance to promote the good of it during these distractions may think themselves neglected and ill rewarded if now debard from their ancient and Native Liberty of Voting in the House The reason of the Parliaments enjoyning of the Peoples subscribing to this Engagement
rests upon the issue of these Questions Whether from Irelaâ—d so erroneously misled and malevâ—lently affected towards England by a two-fold Antipathy both of Nation and Religion and so impetuously set on by three severall parties the Royall Popish and Prelaticall there be not an evident approach of perill to England in case the English be not some way cemented and untâ—ed as the Engagement now in question aymeth at and with a joynt vigour to subdue them and to keep them under when subdued Whether through and by reason of these distractions England be not in danger of losing their ancient Rights and Claims their credit and privilege of Commerce and Traffique which heretofore they have had with other Nations Whether Scotland not remaining in the same condition of Amity and Brotherhood as in their League and Covenant with England they at first United in but rather revolting from it it be not necessary to make up that breach by a closer union amongst our selves and against them when as it appears without recounting the particular actions falling out betwixt the Parliament and Army betwixt divers and private Members and Officers of Both as what this or that particular person by himselfe or by the instigation of some few hath done contrary and against the directions or command of his superiours That the Scots have in the maine broke with us For instance sake in the Article of the large * Treaty betwixt us and them granted and confirmed by the late King and wherein amongst the rest they having covenanted and Declared against Popery and Prelacy which the King and his party hath countenanced and favoured and now endeavouring to helâ— his Sonne into his Fathers power that then he may make good his favour towards Papists and Prelates would excuse themselves and Quarrell to assigne the breach of Covenant to us but how justly let the Reader judge Their insisting on a pretended Loyalty clears them not in the judgment of any who since the beginning of these troubles have observed their Motions their Demands and Treaties neither doth their literall leaning on the words in that Article of the Covenant to defend the Kings Person and Authority excuse their guilt the Kings Person and Authority being but one and an halfe part of that Article the sense and drift of it makes it up which the English according to the End and Meaning do pursue in the preservation of the true Protestant Religion the Liberties and Peace of the three Kingdome c. Now that they give out and threaten to come in an hostile manner into England under their Apologeticall and specious pretence of fighting against the Sectaries thereof of repressing Schisms and Heresies when as they have nothing to do with our Doctrine and Discipline Ecclesiasticall or Civill when as our own Divines can do better service by their Tongues and Pens for the suppressing Schismes and Heresies then can be expected from the Scots their Swords and Arms which if we may speak by experience are by the continuing this Warre more like to increase them both in number and power then to suppresse or lessen them in either and for the English Laity none or a very few and inconsiderable number of them doe tolerate Heresies and Sects as is elswhere set forth in this discourse Moreover when the English have shewn their Aversenesse from a VVarre with Them q their tender and compassionate thoughts towards them when they were at the lowest ebbe and they expecting the like measure of friendship and Brotherhood from the Scots according to their motto and profession to deal as they would be dealt with have assisted them before and even at the beginning of these troubles when they suffered most when by their applying themselves to the King for redress they could have none the English was their only ayd and best support The last Question then falls out Whether whilst these matters be in dispute we may rest secure from an Hostile invasion from them or other Forraigners whether by these unnecessary disputes and dissentions here at home the Commonwealth be not in danger to lose that in a short time which hath cost so much Treasure Industry and Blood For the powers that be once shaken and becomming weake will soon fall most men being apt to lay hold on the r Politicians advice Not to leane on a weak and toâ—tering Wall The judgment and knowledge of deciding these Questions rests in the Prudence and Experience of the State who after a long time casting and consulting what was fittest to be done what the safest course to be taken for the strengthning and support of a firme and present Government have resolved upon an universall Engagement in such manner and forme as to their wisdomes seems most expedient and they have accordingly Declared and Ordained that they knowing the justnesse of their Cause ought in relation to the present security and maintenance of their power to the preservation of a firme and lasting Peace to use all Expedient and Lawfull means against the violence and restlesse opposition of their Enemies none they judge so safe as by an Engagement and Subscription thereunto which if throughly weighed crosseth no former Vow either of Protestation Covenant Oath of Allegiance or Supremacy the subscriber only promising to be true and faithfull to the Commonwealth as it is now Established without King or House of Lords not the Oath of Allegiance or Supremacy as is before observed if you look into the Reason and End of enjoyning the said Oaâ—kes Nor the Proâ—estation taken 1641. for the maintenance of the Kings Honour Person and Estate Nor the Covenant taken 1643 for the preserving his just Power and Greatnesse where his Honour and Power are transitory and personall capacities during life dying with his Person without further respect had unto his successors So the taking the Engagement commencing since the time of the King his death is no breach either of Covenant or Protestation taken for him in the time of his life nor by the words Now Established without a King or House of Lords are the Nobility excluded for ever from their Privileges as to succeeding Parliaments if the Wisdome of the State shall so admit and these continued Divisions beget not an universall ruine taking away the succession of Parliaments all Order and Government to be hereafter had nor from an Envy or Neglect had by the House of Commons to degrade the Lords or lay their Honours in the dust as hath been of late seditiously given out for so the Gentry of which the Parliament themselves consists being in the next ranke to the Nobility may fear their turn is next to be thrown from their station also al become Levelled Such suggestions questionlesse are infused by the Enemy's Factours into the Gentry's ears to draw away the affections of them also as well as of the Nobility to set on those ancient ranks of men against the Parliament and their proceedings endeavouring indeed to turn the
presenâ— judgment of the Corvocation at Oxford dated June 1647. which if weighed with the Arguments in the Letter written by the London Ministers to the Lord Fairfax and his Councell of War dated January 1648. in behalf of the Covenant and the keeping it the Reader will soone discern the odds * Suprema Lex Salus Populi n See the Exhortation to the taking the Covenant for Reformation and Defence of Religion c. * Livy * Isaiah * Ciceâ—o o See the Exhortation of the Assembly of Divines to the taking the Covenant Printed Feb. 1643. p See the Lords and Commons Instructions for taking the Covenant The unanimous judgment of most part of the Kingdome observed by their severall Petiâ—ions at that time presented especially that of the Gentry and Trained Bands of the County of Essex presented to their Lord Lieut. the Earl of Warwick Likewise Sir Benjamine Rudyard his speech in the beginning of this Parliament about Popery countenanced See Master May his History Lib. 2. Chapter 6. Page 15. q See the Ordinance of the Lords and Commons assembled in Parliament with Instructions for taking the Covenant r Mr. Alexander Henderson in his reply to the Kings first Paper Å¿ See the Essex Petition before cited t See their Commissioners judgement and intentions concerning Episcopacy Declaring Prelacy to be the cause of all our broilâ— In their Papers dated 24 Feb. 1640. u See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in severall Treatises viz. Upon the Listing Raising Armieâ— against the King Upon the Covenant and elsewhere w See the 6. Article of the Covenant x See the Articles pag. 16 Demand 4 Granted by the King 1641. viz. That none should be admitted to his Councell or attendance but such as should be approved by both Kingdoms y See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 4 and elsewhere in that Book his parties constant 〈◊〉 towards the City of London and upon all occasions of his partâ—s naming it some of them have termed it a Rebellious City a Magazine of Arms and Ammunition raised against their King reproaching it with scornfull Nick-names as they pleased z See their Declaration Printed at Oxford 1643 pag. 14 15. against the suggested irregular and undue procâ—edings of the Common-Councell the Represenâ—ative of the whole City a See in the Letter of the Ministers their notice taking of the Parliament and Armies conceipt had of the Covenant page 8. b See his Parties opinion of the Covenant and the taking of it in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} pag. 113 114 115. whether and how far it is to be kept how little uniformity in the taking or keeping it and for what purpose in the Authors judgment framed at first how ambiguous and hard to be understood how much mistaking or dissembling in the making it at first or mis-representing by those who like it noâ— that howbeit one part thereof is That they had then no intention to diminish the King's just Power and Greatnesse the Authour in the King's name conceives that it was made and intended against the King as in many places of the Treatise against the Covenant the Kings Party complaineth See also the Kings Declaration since the Paciâ—iâ—aâ—ion against the Scots and the Covenant pag 8 which opinion of his see confirmed in the Marquesse of Montrosse his Declaration set forth 1649 As in a Bâ—ok called the History of the Kings affairs in Scotland before cited pag. 6. * Paâ—auâ— * St. Ierome c See their Acts and Ordinances for raising Contribution-money towards the Warrs throughout all Counties exempting the Universities and other Colledges from such Payments * Oxford d See the like observed in the Consecration of the Bishops of England written by Mr. Mason sometimes Fellow of Merton Colledge in Oxford in his Epâ—stle to the Archbishop of Canterbury e See their Remonstrances since the beginning of this War h See their Remonstrance before cited i See the Declaration of the Lords Commons assembled at Oxford c. printed there 1643. p. 24. 26. 27. k In the Treaâ—ise concerning the Kings retirement from Westminster n Written by Mr. Tho. May 1647. beginning at pag. 6. unto pag. 46. o See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 1. on the Kings calling the Parliament p Mr. May his History q Mr. Hollis his Speech r See the 36 Statute of Edw. â— r See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise to upon their seizing the Kings Magazines Forts Navy and Militia Å¿ Hen. the 7. t In their Apology Printed soon after the â—nglâ—sh Army went toward Scotland y Tantum res 〈◊〉 câ—m qu 〈◊〉 satellâ—ith 〈◊〉 Pontific is 〈◊〉 Iewel in Apolog. Eccles. Anglican z The speedy and effectu-suppressing Errors and Schisms is charged on him b K. Iames his Speech before-mentioned c See the Oxford Declaration pag. 19. d In the treatise concerning the Kings going to the House of Commons to surprise the five Members g Marlborougâ— Decemb. 1642. h See the Oxford Declaration page 26. 27. i See the same Declaration page 11. * 25 Edw. 3 l Sir Edward Cooke his Collections concerning the Authority of the Parliament in the fourth Book of his Institut m Quanquam Principes sunt ex numero {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} tamen natura temporis ratione prius sueâ— int Subditi Princ pes veâ—o nisi qui Tyrannidem usurpârint non naturà ut Patâ—es sed suffragio Subditorum gratia constituti sâ—nt Iâ—de illud Domini apud Daniel 4. 32. Scias quod dominetur Altissimus in regno homin um cui volueâ—it dabiâ— illud Ex quâ— sequitur non Regum causâ Subditos nasci sed Reges commodis SubditoruÌ„ inserviâ—e debere Bucan. Institut Theolog. Tractat. de Magistratu Thomas 1 part 1 samma Theolog. quest 9. Art 3 4. n The Author of the Peoples Plea * Aristotle * Tertullian * Treatise 26. p Master Lambards Eirenarch cap. 2. in his Tract on King Edw. the third his Writ directed to the high Sheriff of Kent for the Proclaming Peace where he speaks first of Uâ—iting Minds then of Restraining Hands as a meanes for the preservation of the publick peace * See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} upon the Covenant * See the Covenant * Pag. 16. Demand 4. q At the defeat given them by Montrosse at Kilsyth eveâ— to the ruining the State of Scotland when the Lord Fairfax the English Generall and other Commanders in chief wrote to the Earle of Leven the Scottish Generall that they accounted the calamities of Scotland to be their own and would willingly adventure their owne blood for the Scots as for the English till the Enemies of the three Kingdoms were fully vanquâ—shed See the Breviary of the History of the Parliament of England r Noli in caducum parietem inclinare Lipsius Politic. * In sapientem non potest cadere Injuria Seneca Å¿ See the exhortation for and touching the taking the Covenant annexed to the Covenant Printed 9 February 1643 t Commonly discoursed in the Diurnalls and Occurrences Printed in Aprill and May 1651. * Psal. 19.