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
to the Bishops and Clergy being not a publique but a particular one he cannot salvo juramento without their consent give way to the making of any new Law in derogation of their Liberties which he has sworne to defend The subject of the legislative power in any State though by reason of the Supreme jus dominii over the persons and goods of all the Subjects he be above Law yet will not that make him above his own Oaths and promises to particular persons For a Law gives a right against the Law-givers onely so long as it is a Law that is no longer than till it please them to repeale it But a promise or Oath made to another gives a right against him that made it as long as the Creditour pleaseth Were it not thus the publique Faith passed by the King and Parliament were of lesse value than any private mans bond they might void it when they please all promise of pardons granted to Rebells or other Delinquents might be rescinded and no security could be had by them The reason I conceive to be this the King here and whosoever in other places is the subject of Supreme Power though they be originally free from any engagement to inferiour Subjects yet if they will they may in some things bring a restraint upon their absolute Supremacy Vnusquisque potest cedere jure suo as well for the advantage of particular persons of their own Dominions as to Princes or People of another Nation Which if they do their own act shall binde them in justice if it were but a baâ—e promise but in Religion and Conscience if it be confirmed by an Oath deliberately taken and the matter it selfe be not unlawfull For this superaddes a religious band unto God from which they can neither free themselves nor any other absolve them unlesse those in behalfe of whom it was taken do release their interest If this were not so no Oath could be binding unto them I wil not deny but sometimes there may be just occasion for a King or State to make use of their Supreme Power to the present prejudice of particular persons as in case of Invasion to destroy a private mans goods that they may not come into the enemies hands but then I suppose they are bound in conscience and equity to make him reparation out of the Common-wealth for his private losses deducting so much as he for his part should be liable to bear in the publique charges Which if they shall refuse to do and will use their summum ius to another mans injury there is no remedy in foro humano but they must answer for their injustice at a higher Tribunal Here is now the case of our English Clergy the Bishops Deanes and Chapters c. have not onely a present personall estate in their Baronies and other Temporalties as good in Law as any freeholder in the Land but the Body of the Clergy have a perpetuall Right in succession both which his Majesty hath by many reiterated d Protestations vowed to maintain and by the solemne e Oath at his Coronation which has been so often pressed to other purposes sworne to keep the Lawes Customes and Franchises granted to the Clergy to preserve and maintain to the Bishops and Churches committed to their charge all Canonicall Priviledges and due Law and Iustice and to be their Protectour and Defender to his power as every good King in his Kingdome in right ought to protect and defend the Bishops and Churches under their Government After the solemne emission of all which Oaths and Protestations as it were a great sin if his Majesty upon temporall ends or by-respects without any offence of the Clergy should put their persons out of his protection much more if he should cancell all their ancient Rights and alienate their meanes the thought whereof his righteous soulâ— abhorres So they cannot be excused from the guilt of perjury who either by sly insinuations shall go about to incline or by armed force labour to compell him to the breach of his Oath The former may be the practice of evill Counsellours the latter is the Designe of these Covenanteers I will not define which are more inexcusable their ends may be the same the maine difference is in the meanes and this it is these would extort injustice from their Soveraigne those would perswade him to it and so by making him lesse unwilling would make him more guilty if the God of Heaven in whose hands are the hearts of Kings do not as hitherto he has done strengthen him with sufficient grace against the subtilty of the one as with power against the violence of the other VII If all the particulars in the second Article were indeed criminall yet they ought not to receive equall punishment much lesse ought all persons without respect whether truly or supposedly guilty of them be as is here vowed in like manner extirpate Nature hath made a difference in crimes Religion and Law admits of a distinction betwixt persons but this Oath confounds all Divines were wont to distinguish of Papists betwixt Seducers and Seduced Heretiques and their adherents those the Lawes have sentenced to death but allotted to these a milder animadversion as of whom it may be true which Salvian spoke of some Arians affectu piae opinionis errant But from these rigid Covenanteers a seduced Lady must expect no more mercy than a professed Iesuite Nay the King himselfe if he be but prelatically affected must look for no better measure By their own confession his Person is in danger If we look backe upon what passed betwixt his Majesty and the two Houses upon that occasion we shall finde them thus reasoning against his going into Ireland f If your Maiesty shall go you will very much endanger the safety of your Royall Person Which will be subiect not onely to the casualty of warre but to secret practices and conspiracies especially your Maiesty continuing your Profession to maintain the Protestant Religion which the Papists are generally bound by their Covenant to extirpate Now then his Majesty continuing his profession to maintain Episcopacy which these men are generally bound by their Covenant to extirpate shall not his Sacred Person by the same consequence be subject to the like practices from them who have added this clause more than the Papists had in their Covenant to extirpate all without respect of persons The consequent hereof is a thing in it selfe so horrid and injust that the sober Writers against Monarchy have not been ashamed to professe that be the crimes of Kings never so profane yet their persons ought to be sacred not to be violate not to be touched And some of the most active well-willers to the Cause have granted thus much truth to us that difference in Religion makes no difference in the Right of Kings The Lord g Brook professeth he is not of their judgement who say None that are without the pale of the Church
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
Solomon and Hiram do abundantly prove that Leagues betwixt men of divers Religions is not against the word of God and therefore a League betwixt people of the same Religion for extirpation of such as are not of the same is no way required by it So then this Covenant as to that point is Supra Statutum and therefore Superstition 4. But if this sinne consist rather in using such Acts matter signes or circumstances in divine Worship as are in their owne nature no way apt to expresse that honour which we acknowledge to be due unto God nor reducible to that end for which we intend them surely then there may be Superstition in the inward as well as in the outward Act of Worship and in particular q indiscreet zeale will appeare to be a peece of Superstition for though zeale be of its owne nature apt to be referred to Gods Worship yet thus qualified it is not and then I am confident as Diogenes trode upon the pride of Plato so many of our zealous Covenanteers here vow to extirpate superstition with greater superstition IV. The clearing of that clause which concernes Extirpation of Heresie depends upon the resolution of many questions which we cannot here determine upon this mainely who shall be the Soâ—eraigne Iudge of Controversies to define what Doctrines are Hereticall and what not whether must every man for himselfe fit upon other mens faith and proscribe all that for Heresie which crosseth his owne fancy The Church of Scotland allowes no other Iudge in this point but Scripture which will scarce come home to the point for who shall give the sence of Scripture The Lord r Brook has answered the question aright What is true Doctrine the Scripture or rather the spirit must Iudge but what a Church will take for true Doctrine lyes onely in that Church And amongst the Covenanteers who shall Iudge as the Church In Scotland it is agreed the generall Assembly in England I know not who perhaps a select Committee of some Lay-Covenanteers Such as shall be appointed to convent Ministers for preaching false Doctrine and will not stick to censure him for Heresie and Blasphemy who shall call the Virgine Mary the Mother of God {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} I must once more borrow the words of that Honourable s Author I last mentioned so long as the Church in her tenets intermedles not with State matters under the notion of Religion I suppose the Civill Power is not to interpose If the question be what is Idolatry what superstition what Heresie what the punishment of those crimes who shall Iudge but the Church Whiles Parliaments labour for the Church dealing no further in the affaires of the Church then by Scripture they may certainly they doe well but if they once exceed their bounds the issue will be CONFUSION instead of REFORMATION Yet in regard our Lawes if they should be put ordinarily in execution are somewhat severe in the punishment of Heretiques it was not amisse in the t Parliament to restraine the Power of Ecclesiasticall Commissioners in judging of Heresie to what had been formerly determined by Scripture or by the foure first generall Councells onely when they added Or such as shall hereafter be ordered judged or determined to be Heresie by the highâ— Court of Parliament in this Realme with the assent of the Clergy in their Convocation The matter had not been much different if the words had been a little inverted if they had left the judgement to the Clergy who without disparagement may be thought more compeâ—ent for such matters and reserved the power of approving and confirming to themselves But the Law being as it is we willingly subscribe to it and when the Parliament shall determine with the Convocations assent any matter or cause to be Heresie we shall better know how to conform either our judgement to their determinations or our patience and obedience to their censures In the meane time we must entreat our Brethren of the Clergy convened at Westminster to be perswaded that though the Lords and Commons in the Court were indeed the Parliament yet they in the Chappell are none of the Convocation And so what Heresie is or what to be taken for such by any authoritative definition in this Kingdome we are not like to heare in haist But if Tertullians Prescriptions or that golden Rule of Vincentius Lirinensis Quod ab omnibus quod ubique quod semper c. be of any use for the triall of Heretiques then we can tell whose Disciples the Covenanteers are that sweare to extirpate Episcopall Government if Aërius for affirming that a Bishop is not above a Presbyter was generally reputed by the Christian world for more then thirteen hundred yeares together as well in the Easterne as Westerne Church for a downeright Heretique we can charge those men with no lesse then a Contradiction who with the same breath vow the extirpation of Prelacy and Heresie V. The case is much alike concerning Schisme Which is so neare allyed to Heresie that u S. Paul if he doe not confound them makes that the necessary forerunner of this But allowing the word for current in the common acception without any scrupulous enquiry into the nature of it we must inferre 1. That this vow of the Covenanteers to extirpate Schisme is contradictory to that vow of mutuall assistance which they make in the sixt Article for being knownely divided in their opinions concerning Church Government they must be one to another mutually Schismatiques 2. The meere taking of this Covenant being in the principall part of it an utter condemnation of the Church of England and a sworne Separation from it as Prelaticall that is in their sense Antichristian can be no other then a most formall vowed Schisme in respect of all those Covenanteers who formerly held Communion with this Church which being a true Church wherein Salvation might be had suppose the worst which I doe not grant that there were some errors in her Doctrine or some unlawfulnesse in her practice yet so long as they are neither required to professe those errors nor to approve those practices as if we consider His Majesties frequent proffers of passing fitting provisions for the ease of â—ender consciences clearly they are not any separation from this their Mother Church is utterly causlesse and unlesse by vertue of some Legislative power a new sense be imposed upon the word this is the greatest Schisme that ever was in any Church since the foundation of Religion If they had not broken it already they might easily observe this part of their Oath for the future for having by this Covenant left amongst themselves no visible Church it quickly followes no Schisme Were it not so I should wonder how it comes to passe that after such a solemne Oath for extirpation of Schisme and that not by publique Order but where every one must goe before another in the example so few should
Presbytery were as rich as Episcopacy and this as poore as that the case would quickly alter and the holy Discipline be in danger to be turned out of doores It is not Conscience but interest that makes Prelacy have so many back friendâ— It is therefore declared that the publique debts shall be paid out of the Estates of Delinquents and Malignants by which they professe they understand in part all Prelates and their Dependents This if it were true might be some ground in justice and reason for the Sequestration of that temporall right which these men have in their Estates but none at all for alienating the perpetuity to a secular use unlesse God himselfe be a Malignant of whose Patrimony his Ministers are onely usu-fructuarii Or seeing the Covenanteers pretend to fight God's Cause therefore they will make him pay their wages If the men be peccant they plead no exemption no impunity sure the meanes is innocent The Scripture is more x expresse in requiring Hospitality of Bishops then of other men and therefore in congruity never meant they should be so straitened in their abilities They are injurious to God who think he would expect to reap more plentifully where he sow'd more sparingly If the portion assigned by him to the Levites under the Law may be any rule to judge of the Ministers competency under the Gospell their revenues will be found much above the proportion of their Brethren It will not be so proper for this Discourse to insist much upon any politique considerations for conservation of the Churches patrimony as the constant revenue which it affords to the Crown by Tenths first-fruits and other annuall charges the ordinary supply by way of Subsidy or the extraordinary by Loanes and Benevolences wherein the Clergy are ever rated above other Subjects in proportion The faire and free Estates which their Tenants enjoy under them upon easie termes not racked by such oppressions and exactions as are usually complained of from other Landlords the many poore Officers and their Families which are sustained by them in a liberall and ingenious way the great edge which they set upon Students in Divinity so long as they remaine the prize of virtue and industry the grandeur wealth and reputation which the Cathedrals occasion to the Cities by the frequent resort of strangers and others who have businesse to the Chapters But if they shall upon any pretence be swallowed up by those Harpies who gape after them the Exchequer will quickly finde the want the publique burthens will lie more heavie upon the common People their Tenants will be reduced to the hard conditions of other neighbours their under-officers with their wives and children if they cannot digge must be enforced to begge the poore will misse of their almes and when the reward of piety and learning is taken away nothing but Barbarisme and Ignorance will succeed in the place If nothing that hath been said will move with the Covenanteers who have conspired the ruine of this flourishing Church let them examine whether their intended rapine upon the meanes of this be not directly contrary to the Doctrine and Discipline of the Church of Scotland which they sweare to preserve Their grand Reformer Iohn Knox in a y letter upon his death-bed commands his Brethren of the Assembly at Sterling with strength in God to gainst and the mercilesse devourers of the patrimony of the Church If men will spoile let theâ— do it to their owne perill and condemnation But communicate yee not with their sinnes of whatsoever estate they be neither by consent nor yet by silence But with publique Protestations make this known to the world that yee are innocent of such robberies which will ere long provoke Gods vengeance upon the committers thereof whereof yee will seek redresse of God and man Their first z Book of Discipline defines the Churches patrimony to consist not onely in all manner of Tithes but in all things doted to hospitality in times past with all annuall rents both to Burgh and Land and declares all those who had got any of it into their hands to be thieves and murtherers Their second a Book of policy is more full in setting forth that patrimony and concludes that to take any of it away and convert to the particular and profane use of any person is detestable sacriledge before God One of their b Assemblies appointed M. Robert Pont to write a Treatise against Sacriledge and c another laments the growth of it to the uttâ—r undoing of the Church and staying of the planting of the Gospell to the overflowing of the Land with Atheisme and all kind of vice there being above foure hundred Parish â—hurchâ—s destitute of the Ministery of the Word by and about the Parishes of Argile and the Iles. Let then our Covenanteers be well advised if not for justice sake to the Governours of our Church if not for charities sake to their Dependents if not for Honours sake as they expect to heare in other Nations and after Ages yet for God's sake for conscience sake for their Oaths sake for the Doctrine of Scotlands sake let them not rob the Church under colour of reforming it VI I must here subjoyne by way of appendage that considering the King at his Coronation hath bound himselfe by Oath to defend the Rights and Liberties of the Clergy in generall and more particularly of the Bishops if he should give them up for a Sacrifice to the will of their Adversaries and upon any suggested grounds of policy passe away their Rights without their consent which they are bound in conscience to conserve though in such a case their Allegeance ties them not to resist yet with humble reverence and submission be it spoken I know not how he shall stand excused before God or man from the foule crime of perjury and therefore it must be unlawfull for any to endeavour to force his assent to an act so contrary to his Oath as is this intended by the Covenant For clearing of this point I shall grant first that no Oath is obligatory beyond the true intention of it Secondly that any Oath taken for the benefit of another may be released by the consent of that party for whose behoof it was taken or otherwise it may notâ— * though it be to the takers own losse Hence I inferre first that the Kings Oath for the preservation of the publique Lawes of the Kingdome does not binde him precisely to the perpetuall observance of all those which were in being at the time when he first took his Oath so as to exclude his consent to any future alteration but onely so long as regularly they continue in force and that when the Lords and Commons in Parliament as representing the Kingdome shall petition for any alteration the King if he see cause may consent unto it notwithstanding his former Oath as having a relaxation from the Kingdome to whom he swore But secondly his Oath
defend What cause then have they for this invasion Is it for their own necessary defence Nothing is threatened nothing intended against them Is it to revenge any injury we have done them If any were done on either part we have dearly paid for it already and by the Act of Oblivion all former bitternesse should be forgotten but Chi offende non perdona they wronged us so much they will never dare to forgive us Is it for the lawfull recovery of any right that we have taken and detain from them Nor so nor so What then is it which may give any colour of justice to this expedition Forsooth no other then the good of Religion in England the deliverance of their Brethren out of the deeps of affliction the preservation of their own Religion and themselves from the extremity of misery and the safety of their native King and his Kingdomes from destruction and desolation Ad populum phaleras We must be very silly if we be cheated with such faire words 1. Concerning the first we have already disputed and I hope proved that it is not lawfull to propagate Religion by Armes Nor is it true that those whom they call their Brethren in England suffer any thing for their Religion or need shed one drop of blood in defence of that power without which Religion as they pretend cannot be defended It has alwaies been and still is the passionate desire of his Majesty to preserve the protestant Religion and the just power of Parliaments He has often profferd and is still ready to performe to passe any Lawes that shall be presented to him for hindering the growth of Popery and securing the just Priviledges of Parliament He has onely refused to consent to such an alteration in Religion and Government as the Enemies of our peace would force upon him under the generall name of Reformation who are not yet agreed what is meant by it more then Extirpation And therefore if the Scots should sit still and hold their peace they need not feare the curse of Meroz when they looke upon the cause which these men maintaine Which if it were indeed what it is notâ— the cause of Religion it were but common to them with other Christian Churches which lye groaning as they tell us under the yoak of antichristian Tyranny If the Scots think themselves bound in Conscience and have any calling or Commission from God to be the Catholique Reformers of other Nations they should doe better to begin their Reformation in other popish Countries where there is more need of it and where lesse exception can be taken to it where it may be free from any suspicion of Rebellion against the Prince as being not their own Native King and of ingratitude and perfidiousnesse to the Countrey as having not received equall courtesies from them nor entered into the like union and pacification with them as they have done with England God forbid that those weapons which our money hath put into their hands should be drawne to cut our own throates or that our Kingdome should be ruined because they think it fit to be reformed 2. And concerning the second if they do not enter into England and lift up Armes against their owne King who as they confesse hath promised and done as much for them as may secure them in their Religion and Liberties we shall never blame them But if they shall conceive of themselves or be perswaded upon reports from hence that those who adhere to His Majesty in the present quarrell are none but a popish prelaticall and malignant party whereas it is evident to the world that the greater part of this whole Kingdome sides with the King otherwise their assistance had never been implored never purchased at so high a rate that many thousands of the best repute for Religion towards God and affection to their Countrey to the certaine damage of their Estates and hazard of their lives doe appear in this cause upon no other incentives but of Conscience and Loyalty it is but a groundlesse pretence in the Scots to talke of providing for their owne preâ—ervation against those that meane them no harme No pretended experience of former times much lesse any principles of their owne Declarations or conceived jealousies oâ— the vindictive disposition of the English can warrant them before God or cleare them to the world if they shall take advantage of our present weaknesse and attempt a conquest of us now because it is possible if we once recover of these distempers and be united amongst our selves we may be strong enough to resist them hereafter Nor is there any necessity that the condition of one Kirk and Kingdome either in Religion or Peace should be common to both the present evidence of their quiet and our unrest proves it otherwise And if we should ever be restored to our right wits and former quiet whether they consider the peaceable disposition of His Majesty His Princely Clemency towards all and tender affection He has ever borne to His Native Countrey or the Loyall disposition of His adherents in these troubles falsly called Malignant and Preiaticall whose constant practice hath ever confirmed their Doctrine of subjection to the Magistrate and to whose profession and interest nothing is more repugnant then a Civill War by which they may loose all but are sure to gain nothing or they consider the present condition of this whole Kingdome harrased and spoyled by these intestine divisions which will certainly produce this good effect that if once we see an end of these Warres we shall better know to value Peace hereafter and not be easily engaged againe From these grounds of common reason they might conclude more solidly more charitably that what ever be the event in England if they doe not imbroyle themselves without cause they may for ever enjoy their Religion and Liberties and need not feare an afterclap from hence And let them remember thus much more of Israels leading into captivity that they never revolted from their God till they first revolted from their King Rebellion led the way Idolatry followed after and both ended in Captivity God preserve both them and us from such a judgement But let them take heed how they dally with edge-tools how they make solemne Oaths to God Protestations to the world promises of Peace and Vnion to their neighbours when they intend nothing lesse How they begin a Nationall Warre against us without any provocation from us or previous denunciation from them contrary to the late Treaty onely upon conceipt that if the power of this Kingdome be recovered into those hands out of which it was wrested by violence and injustice we may possibly according to the Treaty within three moneths denounce War against them 3. And concerning the third if the question be not whether they should presume to be arbitrators in the matters now debated by fire and sword betwixt His Majesty and those whom they call the Houses of Parliament
which is truely forraigne and extrinsecal to that Nation they having no relation to nor dependance upon the two Howses or Kingdome of England onely they owe subjection to the same King why then after their mediation hath been rejected as they suppose by both sides upon confidence of their owne strength and severall successes or unwillingnesse to receive conditions from Strangers should they think it their duty though it be in their power to presse that Ecclesiasticall Governmâ—nt upon us by force of Armes which his Majesty hath often declared he will not and the two Houses have never declared that they will accept They have vowed the destruction of all those that adhere to his Majesty under the name of Malignants and evill Instruments and when they come with an Army to pay this Vow call they this stopping the effusion of Christian blood To hew out their way by the sword through all the forces raised for a guard to His Person amongst whom he has yet been safe whose actions have been as full of Loyalty as their adversaries professions is this to rescue their native Kingâ— His Crowne and Posterity out of the midst of dangers To help to sacrifice the greater part of this Kingdome to the malice of those by whom they are declared Traitors is this to preserve his people from ruine and destruction What if every private man be bound in duty to interpose himselfe as a reconciler betwixt his neighbours armed to their mutuall destruction Must they therefore help with armed force to destroy the one party at variance is this the part of a Reconciler What if the sonne ought to hazard his owne life for the preservation of his father at variance with his Brother Must they therefore take up armes to endanger the life of their King tâ—eir Civill father to side with a company of Schismatiques that flatter them with the name of Brethren III. When they ask shall a Kingdome sit still and suffer their King and neighbouring Kingdom to perish in an unnaturall Warre I shall answer this question to their owne content it is not fitting it is not lawfull But let me in courtesie ask them another When a Kingdome hath taken notice of a difference debated by fire and sword betwixt their owne King and some of his Subjects of a neighbouring Kingdome when they have solemnely vowed not to give themselves up to a detestable indifferency and neutrality in that cause when they have observed that the maine poynt in controversie is because the King will not consent to alteration of some Lawes already established which he holds himselfe bound in conscience to preserve after the whole Clergy in their c Nationall Assembly have promised to keep the people under their charge in obedience to his Maiesty and his Lawes confessing it a duty well beseeming the Preachers of the Gospell after their whole d Kingdome has sworne with their meanes and lives to stand to the defence of their dread Soveraigne his Person and Authority in every cause which may concerâ—e his Maiesties Honour with their friends and followers in quiet manner or in armes as they shall be required by his Maiesty after they have acknowledged in their Nationall Covenant that the quietnesse and stability of their Religion and Kirke depends upon the safety of the Kings Maiesty and have therefore universally protested and promised under a solemne Oath and hand-writ upon fearfull paines and execrations e to defend his Person and Authority with their goods bodies and lives against all Enemies within the Realme or without as they desire God to be a mercifull Defender to them in the day of their death and comming of our Lord Iesus Christ after the Nobility Gentry Burroughs Ministers and Commons of that Kingdome have confessed themselves f bound by all the ties of Nature Christianity and Gratitude so fully satisfied and perswaded of the Royall zeale and constant resolution of his Maiesty to preserve the Lawes and Liberties of his Kingdomes that it were the height of disloyalty and ingratitude if they should harbour any scruple or thought to the contrary having so many reall and recent evidences of his Royall goodnesse iustice and wisdome in setling and establishing the true Religion the Lawes and Liberties of that his Kingdom to the full satisfaction of all his good Subiects after all these vowes promises and protestations how can they be so strangely given up to folly and wickednesse as to thinke it their duty it being in their power to come with armed Force to end our quarrels by taking part with them to whom they owe no duty and fighting against that part which is owned by his Majesty to whom they stand bound by all the ties of Nature Christianity and Gratitude who has left nothing undone that might give them content Certainly if they shall so farre forget or cast behinde their backes all these solemne vowes and professions they will one day rise up in judgement against them And if they shall hearken to the call of the Enemies of our Peace and come to assist them in this unnaturall Warre as they threaten to do though in the time of animosity and appetite of revenge such Invasion may be well taken by those who invite them to helpe to destroy their Brethren yet afterwards when the eyes of the minde no more bloodrun with passion do discerne things aright it will be a griefe and offence to all true English hearts to see how they have sold themselves slaves to a viler Nation and they may be more united to cast them out who were so ready upon the advantage of their Divisions to thrust themselves in I shall in the mean while put them in minde that there was a time when they had if not a juster Cause a better colour for Invasion of England yet then they so farre disclaimed all intentions of it as to call the bare mention of it g The despitefull and devilish calumny of the disnatured Enemies of their Kirke and Kingdome I am commanded to forget what they did then but if they shall now verifie those calumnies and falsifie all their solemne Oaths though the King and this Kingdome should not be able to call them to account there is a God in Heaven that sees all their hearts and will judge all their actions And they cannot be ignorant that all the colours which they use in excuse or defence of their intended expedition may with equall nay better reason be alleadged by any other Nation that have a minde to oppresse and subdue upon pretence of assisting us of providing for their own safety or comming to compose our Differences CHAP. XIII From these Premises the Covenant is concluded unlawfull in respect of the Forme HAving thus deduced at large the severall Illegalities of this Holy League both in respect of the Efficient and Finall Causes but especially in respect of the matter it naturally followes that we conclude it in the last place to be likewise unlawfull
by the two Houses that they insist upon it twice in one leaâ—e of the same b Declaration Their c petitioning his Majesty to pasâ—e an Act for establishing a new Oath and that he would be pleased to enter into a more strict allyance with some neighbour Nations are sufficient convictions of their want of Authority in themselves either to impose a new Oath upon the Subjects of this Kingdome or to enter into a new League with those of another unlesse the consent of his Majesty be first obtained 3. Iâ— any private Men Town City or County may lawfully take this Covenant of their own accord and free willâ— which is the way to ingratiate themselves the more then in other cases of the like kinde they may at any time of their own accord without any command from Superiours enter into a League of mutuall defence with other Countries and binde themselves by a solemne Oath to performance And then farewell not onely the ancient Authority of the King but that moderne Priviledge of Parliament which claimes that d no County can binde it selfe without their consent But if all the Kingdome be therefore bound to take this new Covenant because it comes to them as commanded by the two Houses though there were no Law for it before then must all our Histories be purged all our Law-bookes taught to speake another Language and all those Declarations revoked wherein the Lords and Commons of this Parliament so many e times disclaimed all power of making any new Lawes without his Majesties consâ—nt CHAP. IV. The matter of the Covenant examined and proved first to be against Truth NExt to the Efficient we shall survey the materiall Cause of this Oath and allow it faire triall by the Lawes of God and the Land If it be endited upon the Text of Ieremie 4.2 It will be found guilty in the highest degree as destitute of all those conditions required to a lawfull Oath Truth Iudgement and Righteousnesse For the first though this be for the maine a Promissory Oath to the formall Truth whereof as such no more is required but that the meaning of the parties swearing be truly conformable to the words of their Oath that they truly intend to performe what they sweare yet is not the whole frame of it meerly promissory some assertions are interwoven either actuall or virtuall by way of implication which may be justly suspected for want of Truth and iâ— that be proved upon any one of them all the Covenanteers are ipso facto guilty of perjury I shall but point at some particulars I. Those words wherein they swear the Preservation of Religion in the Church of Scotland do imply that the Religion of that Church is in all the particulars there mentioned Doctrine Worship Discipline and Government according to the word of God Which is justly doubtfull in some and flatly false in others 1. The Doctrine of that Church so farre as it is distinct from their opinions concerning Discipline and Government and other matters of practice I have no purpose to quarrell I acknowledge the ancient Articles of their publique confession for true but if by Doctrine they understand all the modern explanations and other doctrinall positions which have issued from their Generall Asâ—emblies in later times I could bring more instances and more objections against the truth of these Doctrines then I know how to answer But I forbear to make the wound wider then necessity requires 2. As touching their manner of Worship if we should deny they would be hard put to it to prove those formes which they use in Marriage Baptisme the Lords Supper Publique Prayer Preaching Catechizing and other of Gods Ordinances to be according to his word 3. Much lesse their Discipline and Government by Classes and Assemblies higher and lower which they pretend to be iure divino and perpetuall Some of their ablest Scholars have acknowledged their moveable temporary Deacons not to be consonant to divine Institution And if we might be admitted to argue before equall judges we should go near to prove as much against their ruling Elders which first justled the Superintendents and since the Bishops out of that Church If they will submit to that rule the Presbytery in Scripture must submit to Episcopacy that at best was but a Delegacy under the Apostles who were in right the primitive Bishops and from whom ours challeng by undeniable succession II. When they swear the Reformation of Religion in England in Doctrine as well as Discipline according to the woâ—d of God they falsly imply that our Doctrine is erroneus and not according to the word Which though it be scandalous to us is advantageous to the Covenanteers The Articles of our Church most true in themselves cannot be wire-drawne and forced to comply with their designes and therefore no wonder if they desire to have them altered They must therefore set the Diall by the Clock and seeing the present Doctrine of the Kingdome condemnes their practice and opinions they must so farre reforme it that it shall not contradict them When a new Assembly of Divines must be convented to tell the People such things are according to the word of God which all men knew to be contrary to the Law of the Land seeing the Royall assent could not be obteined to authorize a Convention of such Persons and in such an uncouth illegall way as was desired it was inavoydably necessary that the Doctrine of our Church in the 21. Article should be reformed which teacheth That Councells may not be gathered together without the commandment and will of Princes When they are resolved to extort those rights from their Soveraigne by force which he is unwilling to part with upon entreaty then 't is fit the 35. Article be reformed which confirmes the Homily against Rebellion as containing Godly and wholesome Doctrine and necessary for these times In truth never so necessary for any times as these the like whereof England never saw before When they have vowed the extirpation of Episcopall Government Root and Branch is it not high time to reforme the 32. Article which talks of Bishops Priests and Deacons much more the 36. which addes Arch-Bishops and confirmes the book of Consecration and Ordination When that Doctrine must be instilled into the people that the King is no more then the Prince of Orange or the Duke of Venice onely Maior singulis but minor universis and that when his commandâ— and those of one or both Houses are different theirs must and ought to be obeyed as with whom the suprem power doth reside then surely a Reformation of the 37. Article is indispensably and eminently necessary by which the Subjects have been led into that dangerous and deadly Heresie that has cost so many thousand lives That the Kings Maiesty hath the chiefe power in this Realm of England unto whom the chiefe government of all not onely particular persons but Estates of this Realm whether
they be Ecclesiasticall or Civill not in some cases onely but in all causes doth appertain Lastly when they were to take such an Oath as this without the consent and against the command of the Magistrate so utterly destitute of all the conditions required to a Lawfull Oath they could do no lesse then reforme the 39. Article which requires those conditions So that it cannot be denyed but they have strong inducements to reforme the Doctrine as well as the discipline and Government of England and as they vow them both in one clause so perhaps they intend them both in one sense the Reformation of Doctrine as well as Government must be a totall Extirpation of Branch and Root we must not have one chip left of the old block III. Their swearing the first Article to this end that they may live in Faith and that the Lord may be one amongst them implies that before and at the time of their entrance into this Covenanâ— they neither lived in Faith and so were Infidels nor was the Lord one amongst them and so without God in the world which I hope is not true But if faith be here taken for obedience as sometimes it is or for an assent to the truth of that Doctrine which is a acknowledged by the world for the Confession of Faith of the Church of England so I grant their late and present demeanour iâ— a sufficient demonstration they have not lived in that faith And I confesse we have been told in effect by some of their fore-runners that the Lord is not one where Prelacy is not extirpate b That the true Church of Christ consisteth of Saints Covenanted with God and themselves having power to Christ and all his Ordinances which the Assemblies of England want being violently compel'd to submit to another Christ of the Bishops devising and so are no true Church For the true visible Church is but one as the Baptisme but one and the Lord but one Iohn 10. 16. This was the scandalous imputation of the Brownists upon our Church in the beginning of their separation and it is shame and misery we should live to see it confirmed by a Solemne Oath IV. When they sweare in the second Article to extirpate Prelacy and that for this end least they be partakers in other mens sins this implyes not onely that Episcopacy is a sin which is an errant untruth but that if they should not labour for the extirpation of it in such a violent manner as they doe they should be guilty of that sinne This conceit was the maine ground of Separation both to the ancient Donatists and our moderne Brownists they both imagined that if the Church be any way stained with corruption in Doctrine or Discipline her Communion is hatefull and defiled and that whosoever joynes with her is c partaker of her sins and so in danger of her plagues Which is certainly false our Saviour did not partake in the sinnes of the Iewes yet he did communicate with them So long as we neither command nor counsell a â—inne to be done nor consent to the doeing of it nor commend it when it is done but barely permit it though it be naturally yet if it be not legally in our power to hinder it we are no way guilty of it God himselâ—e does permit sinne without sinne And if any man will be a Reformer without a Commission he must look to be checked with a Quis requisivit Israell sinned not by staying in AEgypt nor Lot by remaining in Sodom till the Lord sent Moses to call them and the Angell to fetch him out It was their affliction but not their fault to see those unrighteous dealings of their Neighbours which did vex but not pollute their righteous soules All sinne is to be avoyded but not by all meanes some are possible which are not lawfull Death is a certaine cure for all distempers but a man may not kill himselfe to avoyd intemperance nor make away his Children in their infancy to prevent the sinnes of their age The President of the New Assembly with his twenty assistant Brethren have published some truthes in this Argument which might have been of singular use had they come in time sufficient to stop that current of blood which has flowed from other principles then that which they now Preach to others but doe not practice themselves d They tell their more zealous Brethren who having conspired with them to extirpate this Government and sworne every man to goe before another in the example of a reall Reformation begin to gather themselves into Church societies Although it be the duty of all the Servants of Christ to keep themselves alwayes pure from corruption in Religion and to endeavour in an orderly way the Reformation of it yet it is an undoubted Maxime that it belongs to Christian Magistrates in an especiall manner to be authorizers of such a Reformation If this Maxime had been as well followed as it was knowne we had never had a Rebellion to make way for a Reformation How can they without blushing talke of an Orderly way to others who know their call and sitting to reforme where they doe is altogether disorderly But suppose the sins of Government did involve every one of our Nation in a common guilt what is this to the Scots Though Israell offend no necessity that Iudah should sin They may have sinâ— enough of their owne to reckon for though they should not sweare that those of another Kingdome shall be put upon their score and yet they doe it by vowing to extirpate Bishops c. least they be partakers in other mens sinnes V. That which they have undertaken to maintaine is not truly called in the sixt Article The common Cause of Religion Liberties and Peace of the Kingdomes The many Sects and different opinions among the Covenanteers and the reiterated desires of the Scots for unity in Religion abundantly prove that the same Religion is not common to them all And de facto the Religion Peace and Liberties of England and Ireland have been disturbed when the Scots enjoyed all theirs without opposition and may doe so still unlesse they will thrust their fingers into the fire when they need not The Cause of one Kingdome is not common to another though they be in subjection to the same King Philip the second might have done well to grant a toleration to the Protestants in the Low Countries though he had resolved never to allow the like in Spaine And His Majesty by reason of his necessary absence from thence may have granted some Liberties to Scotland which if he should doe in England would be in e disherison to the Crowne VI In the last Article they professe and declare to the World their unfeigned desire to be humbled for their owne sinnes Which profession the World that sees onely their Actions will â—carce admit to be true For it may well be conceived that the chiefe Heads among the