nor their sincerity Thirdly All these rigoâ—s and impositions of the Scots our backs must bowâ— and crouch under for the Covenants sake and that we may prove true to the most high God to whom we have lifted up our trembling hands Though we have discovered the Covenant to be a fâ—laâ—â—ous lubricous ambiguous contract as others besides the Contractors themselves now wrack it so that in the Scotch sense it makes us enemies to them in our sense it makes the Scots enemies to us in a third sense it serves the Papists against us both and though we are throughly informed that the young King is not onely licensed but enjoyned to take it by all his Popish Patrons and Allies and to make use of it as a sâ—are to both Nations yet we must take no exception against it Hamilton in 1648. expounded the Covenant in behalfe of the King and Kirk to the raising of a war against us yet the same powers in Scotland that condemned that war in him raise the same against us now upon the same exposition All the difference is this Hamilton fought for a King that had not taken the Covenant because He was never so far necessitated whereas the present powers in Scotl â—ight for a King tâ—at has Covenanted against his will choosing rather to perjure then â—o perish But let us aske the Scots seriously Whether is the greater enemy of the Covenant before God he that refuses to take it because it is against his conscience or he that takes it against his conscience because he dares not refuse it Well Gods judgements herein is by us both implord we cannot doubt but God in his due time will judge make his judgement undeniable Fourthly Though we indeed are not enemies to the Covenant but can justly plead for our selves that we are zealous for a true Reformation even whilst we dislike the Scotch patterne and that we are well-wishers to Monarchy elsewhere even whilst we make choise of Democracy in England upon diverse urgent emergent considerations yet all our pleas are rejected the very last plea of Armes from which no necessitated men besides are barred is in us most imperiously condemned as well after open tryall as before Nay when wee know our selves condemned by the Scots as Enemies to the Covenant and that the yong King to be brought in by force over us is particularly sworne against us in that he is generally sworne against all enemies of the Covenant we must take it as a sufficient answer to all our complaints that the King has no power to annoy any but enemies to the Covenant This is to heape Scornes upon the rest of our endurances for this all one as if they should insolently tell us that no man can hold any thing but by the Covenant and the Covenant can have neither enemies nor friends but such only as they declare to be such To pursue these Scornes also and improve them the higher against us they make their young King in his Declaration at Dunferlin revoke all his Commissions granted against us by Sea and Land to any of his Instruments that adhere not to the Covenant Do not we know that such a revocation is meerly â—udicâ—ous and jocular Could the Scots imagine that either Rupert at Sea or the Irish Papists by Land would obey such a revocation so signed at Dunferlin And if Ante-Covenanters should lay down their Commissions would it be more ease for us to be spoiled and destroyed by the hands of false Covenanters then by the hands of Ante-Covenanters May not this King do what Hamilton did May he not prevaile over a faction of Covenanters and by them assaile us as Hamilton did and if not so may he not be impowred nay is he not already bound by all the Covenanters in Scotland nemine conâ—radicente to treat us as enemies Will not God in earnest look down upon the makers of such jests Fifthly As we must prostrate our selves to a King to such a King exercised many years in bloudy feats against us before his pretensions to the Crowne obtruded upon us by such Faedifragrous neighbours and further hardned against us by such religious incentives so we must also stoope and kneel to him upon the most servile odious conditions that can be For first wee must come to a new change of Government for his sake By the present setled forme Government is now devolved and as it were naturally resolved into the hands of the people and as Monarchy cost us a vast effusion of bloud before it necessitated its own ejection so it is likely to cost as much now before it can be reestablisht Lyons and Elephants doe not teeme and propagate so often and easily as mice and ferrets doe nor can wee expect that such great alterations in great States as these are should be compast without much sore travaile and long continude throwes The Scots doe know well enough that our sectarian Party in England which they charge of usurpation ha's a great Army in Scotland ready to cope with all their Levies another as great in Ireland a Militia not unequall to both in England besides a puissant Armado at Sea and can they imagin that the suppressing of this sectarian party and re-investing of Monarchy is likely to prove an unbloudy busines Secondly As wee must be forced from the Government that now is so we must be forced into a new Module of Government that never was before in England knowne or heard of The supreme Power of England must now suffer a partition and have its residence in two severall Councells the one Ecclesiasticall the other Civil and so whilest in imitation of Scotland it transforms it self into an Amphisbaena and submits to the motions of two Heads it can hardly avoid dangerous disputes and dissentions In cases of the Kirk the King must hearken to Divines in matters politick the King must be observant of his Parliamenâ—s but if there happen a difference in mixt matters t is left to the peoples discretion to side and adhere as they see cause Surely t will be an uncooth innovation in England to see Kirkmen sit in an Assembly and publish Declarations concerning peace and warrs as they do now in Scotland and whether such an innovation may be conducing to a good accord and understanding in the State or no we leave to conjecture 3ly As we must subject our selves to these grand innovations so they must also be purchased by us with the price of some of our best blood some few of our principall Patriots heads must be payed down in hand for them It should seem their Idol the Covenant requires some sacrifice to make an attonement for the indignities and prophanations it has lately suffered in England and so foure or five mens lives are demanded as a just oblation But the Scots might understand that we are not yet so tame and that the demand of such an oblation from us is all one as the demand of many Hecatombes and
the effects are lesse supernaturall but when the effects are more stupendious and beyond reason the Scripture it selfe stiles this the making bare and the stretching forth of Gods arme They which are disaffected to the late egregious proceedings of God in the world will not but they shall see and owne this truth But let us returne to the procedure of our affaires when the Army saw it selfe surrounded with so many dangers and insulting enemies it began by some faintnesses and carnall doubts to grow dangerous and an enemy to it self it began to receive suggestions that the removing of a King and Kingly power was like to prove more unfeaseable then to treat a King into reason And this was likely to have proved the more banefull because the King by speciall graces was as ready to draw them into this ambuscado as they were prone by their irresolutions and diffidencies to run into it themselves for 't is thought all agreements with the King would have been short lived but if any had been made with the Army that would have bin but as Samsons wit hs and ropes which was the reason That the King upon whom Five Addresses of the Parliament had wrought nothing seemed to lay the Armies Proposals though little differing in substance exceedingly to heart Howsoever it pleased God at this low ebbe of things when the Army was weakest and most apt to be inveagled and when the King was securest and had most hopes to inveagle to break off that Treaty and then was brought on the last with the Parliament in the Isle of Wight which when it was likely to overturne all by accepting of the Kings Concessions then also did God make the Army his Instrument in preventing that sad conclusion The debate in Parliament after the returne of the Commissioners was Whether the Kings Concessions at that Treaty had been such as might make further applications hopefull or no and after a very long time spent the affirmative was Voted This Vote struck a true apprehension of an universall imminent danger into the Army for now an accord with the King by the sense of the Parliament was to be hoped for whereas in truth any accord besides an absolute submission of the King was sufficient to take away all hope for since the King unsubmitting had no visible obstacle betwixt him and his long eagerly pursued ends but the Army and any accord was certaine to discard or new form that Army the security of all our Laws and rights yea and lives was solely to depend upon the Kings Honour and what was honour in his sense who was so principled and who had now for diverse yeares waded through so much bloud and exposed himself and posterity to so certain a disinherison only to be true to his principles any ordinary man may determine Immediatly therfore after this Vote past the Army saw no other remedy to prevent their eminent overthrow but to lay a hand of force upon the affirmative Voters in Parliament and to bring the King to a tryall which were done accordingly and so both they prevail'd and we were preserved as to this day Some say t was more Noble to trust the King too much then too little but these consider not that Trust is not always alike free in this case distrust could ruin but a few and that by a legall course but Trust was likely to have ruin'd Millions and the Laws to boot Some of the Scotts say God was able to save Religion and Liberty in despight of the King had he prov'd perfidious and therefore if the King was not to be trusted yet God was These consider not that God holds himselfe tempted not trusted when we leave the use of ordinary hopefull meanes on Earth and rely upon unprovmist succour from Heaven Some say if the King was not to be trusted yet the Army had no lawfull warrant to judge of him and the Parliament but these consider not that extream eminent and otherwise insuperable dangers give private persons yea single private persons an extraordinary warrant to defend themselves and others and this Warrant will be avowed by necessity the exception that all Law admits to be within the reach of no Law and the danger was here extream because it concerned Life Religion Liberty and all that could be endeared to man it was likewise eminent because another day might have prevented them by disbanding or some other way Lastly it was otherwise insuperable for that there was no other Judge or hand on Earth that could hear and relieve them Others say still the danger was not so existent or manifest to other men as to the Army Let it be considered by these 1 That Nature has entrusted to every man a speciall custody of his owne safety and there is none of us all but would be loath that the same should be transferred to another mans care viz. in cases extraordinary where legall remedy cannot be had in a common way 2 In matters of fact where no full proof can be had every mans judgement is to be lesse peremptory and to take in as much of Charity as is possible Whether the King would indeed have broken his Trust or no and whether the Army did falsly pretend such a fear or no neither of these is matter of Law nor liable to any infallible proof as to the fact wherefore I may sin against charity if I passe my judgement against either but I cannot sin if I leave the judgement of both to God and to waite for his determination Some in favor of the King frame conjectures that He was probably very firme in performing because He was so slow and circumspect in ingaging and that if He had been lubricous or profuse of his faith He would not have refused an accord with the Parliament so long upon what tearms soever Others make use of contrary conjectures to a contrary purpose alleadging that 't was but art in the King to dally and to trifle away some time with the English to set the higher esteem upon his constancy and make them the more assured of his performance that He was absolutely secure of the Englishmens facility and plain-dealing and never made any doubt to be received at his own pleasure that he was never to his last day void of other confidences or destitute of other plots to compasse his designe by force that for his fidelity and the value he set upon promises and oaths and the infinite subtilty he had to evade any ingagement whatsoever scarce any forraign State or Prince in Europe was ignorant in that point That scarce ever any just or innocent man fell under the weight of such transcendent unparraleld calamities But I list not to leane upon such Reeds as conjectures are t is enough for me to know that whatsoever man intends or acts wickedly and perversly God orders and disposes rightly and profitably may he so do for England Scotland and Ireland in all these late mutations It remains now that
Him then the Masse was formerly to his French Grand-father in the like case and if it were yet divers dulcifications might be added and accordingly divers mixtures were used to qualifie and make more potable that draught Advertisements had been sent from the yong Kings devout Mother in France and from her most Holy Father at Rome that in such an extremity the Oath was compulsory that the matter of the Oath was subject to many severall yea contrary interpretations that He should therefore be either left to be his own Interpreter at last in case He prevailed or if not yet He should be discharged of any contrary strained interpretation The truth was the present Power in Scotland had condemned Hamilton for invading England in behalf of an Anti-covenanting King and so it would be now too grosse for them to do the same thing till they had a Covenanting King whereupon it became impossible to them to relax the King of this condition The young King it may be might demand why they should more scruple fighting for an Anti-covenanting King then to fight against a Covenanting brother since the Covenant lost no more credit by the one then by the other and perhaps He might further demand why their conditions to Him were so rigorous since his to them pressed nothing but what was pleasing viz a joint concurrence against a Common enemy But his Mothers Councellors thought not fit to clog the debate with such intricacies All Scoch punctilioes being at last waved for the young King was so far from capitulating about his reception in Scotland that He was more forward to capitulate against his trusting himself there it came to the question what He should obtain at their hands in relation to England For satisfaction herein it was assured that the Scots had already proclaimed him King of Great Brittain that they had alreadie Protested against the governing party in England as guilty of Usurpation that they did now ingage to contribute their utmost endeavours by all necessarie and lawfull means according to the Covenant and duties of loyall Subjects to restore him to the peaceable possession of his other Dominions according to his undoubled right of succession This was the tenor in briefe of that Parlee here is an inthroning promist to the yong King by all necessary and lawfull meanes according to the Covenant and here force of armes is not openly profest as a necessary and lawfull meanes according to the Covenant that the English might be â—uâ—d in the more security but â—is ambiguously implyed and secretly so explained to the young King and his Counsell that He might proceed with the more vigor and confidence Hereupon now rises the contest whether this ambiguity of expression and mentall equivocall reservation in the agreement be such as ought to delude the English or not The Scots still say no force of Arms is threatned against us and that if we flie unto force of Arms against them either upon this or former hostilities we do cauâ—lâ—sly invade them They solemnly invoke God as a witnesse and Judge that they have denyed us no right that they have done us no wrong that in this preventing warre we are meer invaders and returners of evill for good Yet we must understand to make this good before the Bar of Almighty God himself they waver and dâ—llie and double and seek to collude in their own plea for they do not simply deny their ingaging to use force against us but unlawfull force nor yet are they willing to confesse their force intended and justifie it openly as lawfull by the Covenant Surely in an appeal to Almighty God the case need not be presented with so much art and under the cover of such dubious reservations Let us take a little notice first how far they deny secondly how far they justifie their forcible assisting the yong King against us After the King was well satisfied with their meaning by private insinuations and had adventur'd his person into Scotland then further craft was thought fit to be used to blinde the English and retard their preparations and therefore the Committee of Estates in Scotland publisht that the Article in the Treaty of Bredah concerning restoring the yong King to his Crowne of England was not to binde till the Parliament and Kirke of Scotland had taken a previous consideration and given their determination concerning the lawfullnesse and necessitie thereof Behold the ingenuity of the Scots They conclude a warre and no warre To all the enemies of England 't is a declared warre against England To the English themselves 't is no warre till the Scotch Parliament and Kirke have further declared in it The enemies of England have hereupon just warning and timely summons to arme and colleague for Englands offence but in the presence of God they speake it the English themselves have no just â—aâ—â—â— noâ— provocation to provide for any defence at all Though this agreement was made by the Enemies of England with the Enemies of England and refâ—rres to the Covenant which ha's alwayes been expounded to the justifying of a warre with England upon this quarrell and though this agreement must signifie a full defiance against England to all others yet to the English it must signifie nothing God himselfe being admitted Judge The English had been once before invaded by the Parliament of Scotland upon the same pretexâ—s of the Covenant without any warning given when both the Nations were not onely in profest amity but also under the religious ties of a solemne League and yet now when the Parliament of Scotland ha's perâ—idiously violated that amity and those ties and iâ— moreover fâ—stned in a new Agreement and Covenant with the most active foe that England ha's in the world by Sea and Land and by the words of that Agreement and Covenant ha's obliged it selfe to recover the Throne of England to Him yet now 't is expected that the English should sit still and attend till the Parliament and Kiâ—ke of Scotland had further deside them Alas the prevention of a wound that is likely to be mortall is as necessary when it is possible as the warding of it and some stroakes are of that nature that they cannot be repelled by the buckler if they be not anteverted by the sword Therefore the fictions of the Cockatrices eyes want no ground in policy whatsoever they doe in Nature and 't is often seene in warres and seditions that the party which surprizes not is sure to be surpriz'd This caused the Parliament of England this last Summer to send a preventing Army into Scotland yet with an intension of defence not offence for it was manifest to us if wee did not pitch the warre there and there draw the first bloud wee did necessarily expose our selves to the first charge and impression of our enemies here and choose to erect the theater of warre within our own Dominions Moreover had wee been meere Assaylants or had wee been defendâ—nts in an equall
feared we have provoked by superstitious vowing and swearing 4ly We cannot finde that ever the people was rightly fitted or at all benefited by these new sacramentall Leagues or rather politicall Sacraments for in England we had too many that would take the Kings Oaths when He was prevalent and the Parliaments also when they were prevalent and in Scotland Montrosses victory left lamentable spectacles of humane treacherie and impietie as to the Covenant No sooner had he in 1644. woon one pitcht Field but the Nation generally flow'd in to Him to submit unto his new royall bonds with curses upon them that had forcibly clogd their consciences by contrary ones before and no sooner had D Lesly routed Him but the same people again shifted Montrosses bonds with detestations as high and bitter as they had the Parliaments before This is a prodigious example exceedingly to be deplored not onely by the Scots but by all mankinde But to proceed The breaches and hostilities which at this day are sprung out of the Covenant betwixt the Covenanters of both Nations are too visible the question is therfore whether we shall charge these mischiefs upon the ill composure of the Covenant it self or upon the malice of the Covenanters and if upon the Covenanters whether are more guilty the English or the Scotch And first as to the Covenant it self it seems to me that even that was not compiled so briefly so clearly and so impartially as it might have been and that has given some occasion of stumbling to some but certainly blood had never been drawn by brethren so leagued together as we are had it not been for the ignorance arrogance and high injustice of the Covenanters Antiquity which was famous for ingenuity had not any use to charge their humane contracts much lesse divine with so various and heterogeneous branches as this Covenant is charged withall some points of it are divine some morall some civil some are of higher some of meaner concernment and all of them thus odly compacted together swell it up into too rude a lump Moreover since variety of parts made it more grosse and by consequence more obnoxious to doubts and intricacies there ought to have been more care to distinguish betwixt those parts which were coordinate and those which were subordinate and in case some provisoes proved inconsistent with others it should have been predetermined which should supersede and which should be superseded The King by one clause as He is King is to be maintained equally with Religion c. yet by another clause as He is a profest enemy to the Covenant is to be pursued by arms and brought to condigne punishment The safetie of Religion may possibly be irreconcileable with the safety of the King and the safety of the King confessedly owes a subordination to the safety of Religion yet it is left dubious by the Covenant how far the inferior here shall give way to the superior The unity and peace of the Nations is the scope of one Article in the Covenant and that Article had a high place in the intent of those which indighted the Covenant yet neither does this Article condemne all war as unlawfull betwixt the Nations nor yet prescribe when it may be judged Lawfull nor by whom The Scots by one interpretation of the Covenant are more strictly imbodied with us then formerly and so to be assisting in our Reformation yet by another interpretation they are to maintain to us our Nationall rights and not at all to interpose in judging of our English affairs and how can they reform where they may not judge or how can they judge where they have no propriety or how can they challenge more by vertue of this Covenant-union in England then we do in Scotland or how can confusion of interests be introduced where there remains a coordination so equally and justly preserved In the next place there is a palpable partiality in the Covenant whereby is easie to be perceived in which Nation it received its being for the Church of England and Ireland are to be reformed but the Church of Scotland is to be preserved in its perfection of Doctrine Worship Discipline and Government In summe all three Nations are to purge away whatsoever is contrary to sound doctrine and the power of Godlines and the only true standart for such purgation is the book of God and forasmuch as that is as truly a standart to the Scots as to the English they though the Covenant prejudges and presumes them perfect are to be tryed by this Book as well as we are and as that which is defective in them must be rectified by this standart so that which is not defective in us must be justified by the same We conclude therefore justly that either the Article it self pre-judges us or is by them ill prejudged when they assume that we are to conform to them more then they are to conform to us for so much as there is but one only book to which we are bound equally both of us to conform and of that Book they are no more authenticall interpreters then we are These exceptions and perhaps more might be taken against the Covenant it self and the manner of obtruding it but we fix not hereupon nor will we mention it as to the genuine intent of it without reverence the main offence that has been given to the world has been given by the Takers of it in a false sense not by it self The inquirie therefore at this time is whether the English or Scots whether the Presbyterians or Independents are most blameable before God and Men for the scandall which has been given by occasion of this Solemn League and Covenant For the better discussion hereof we shall do well to observe first which of the parties has been most clamorous against the other â—ly What the principall matter of those clamors has been 3ly What may be most probably aymed at by the raisers of those clamors 4ly What the issue has been As to the first it is apparent that the Scoch Presbyterians were the first compilers of the Covenant and that they still continue to set a sacred value upon it even unto a great degree of superstition and t is as apparent that they had not been so strangely transported with rage against us but for our attributing lesse then they do to it The Covenant is their Word in the day of battell the Covenant in specie is carried along by their Priests when they march into the Field as if it were held oraculous and had the same presence of God ingaged to it as the Ark had amongst the Jews The Covenant in Law is made transcendent to an Act of Parliament nay if both Nations should agree in one Act of Parliament that Act could neither make more intense nor more remisse the obliging force of this Covenant This Covenant is sometimes call'd Gods Covenant and inscribed by the Scots in the same table with Gods Covenant of mercy
justice and humanity betwixt the Nations whereas there can be no end of controversies and hostilities when sentences shall be spoken against parties that are no inferiors and that by parties that are no superiors The Scots therefore in this have been exceedingly too blame and there is no doubt but the ruine of the King and all the late miseries of their own wasted Countrey have been derived from this strange insufferable arrogance of theirs T is frequent with them to protest against the Parliament of England as no lawfull Authority to denounce against all the Souldery of England as Sectaries Rebels and regicides to upbraid all the Gentry and Comminalty of England submitting to the present Government as men that prostitute their consciences to a sinfull shamefull thraldome to incite all the Presbyterians and discontented persons in England to the kindling of new flames amongst us And this is more then to invade a moity of the Legislative power of England this is to seize all this is more then to claim a jurisdiction in Covenant affairs this is to in vasâ— all us totally in all cases whatsoever this is more then to pronounce judgement against us at home in civill cases this is to pursue us with fire and sword as well forrein as domestick Should our Nation now descend to the like outragious recriminations or rather feminine altercations being first provoked and having juster grounds what an odious noise would this trouble all Europe with Well but still there is something to be said for the Scots if they may not call us to their own barre as they are our fellow Covenanters and as they are equally parties in so religious a League with us yet there is another Bar to which they may cite us there is still here upon earth a barre of common equity and reason and at this Barâ—e the English are accountable for all their delinquencies against the Covenant To this we agree and shall appear aâ— is required by the citation The late King some years before the eruption of these troubles had made many dangerous attempts against the purity of the Protestant Religion and the Liberties of the Subjects in all the three Nations Now in 1643. when Arms were taken up on all hands either for assisting or opposing the King in those his designes against Religion and Liberty the Covenant was formed by that party which rose up against the King and the main primary use it was formed intended for was to protect Religion and Liberty against Him and his adherents The formers of it also at the same time took notice that the cases of Religion and Liberty could not be well separated forasmuch as the King if He prevailed against the one would more easily prevail against the other Religion was the richer Free-hold but Liberty had the stronger fence to preserve it from the violence of intruders It was likewise visible that Religion would make the people more zealous for Liberty and Liberty would impower the people the better to defend Religion besides suppose the taking away of the people and you suppose with all the taking away of Religion and suppose the taking away of Liberty and you do in a manner suppose the taking away of the people for the life of a bodie politick consists not in living but in living free The Covenant therefore primarily and ultimately proposes to it self the safety and prosperity of the true Protestant Religion in the safety and Liberty of the three Nations and the safety and Liberty of the three Nations in the safety and prosperity of the true Protestant Religion All other Articles in the Covenant are but secondary and subordinate hereunto and they are to have respect from us not as they stand higher or lower in order but as they are more or lesse serviceable to those higher purposes for which they were at first ordained Upon this ground that branch in the Covenant which obliges us to seek God in this sacred Ingagement by a speciall amendment of our lives and reformation of our own private wayes at such a time as this merits the honor of the first place And next hereunto worthily may succeed those 2. branches by which the Nations are so strictly confederated in peace and amity and by which all parties to this confederation have past their solemn Pacts to be assisting to each other bringing all opposites to condigne punishment That branch which was inserted in favour of the King at that time the principal Enemy of the Covenant and for saving of his Prerogatives so desperately at that time disputed by the sword if it could challenge any place at all could certainly challenge none but the last and lowest how soever the Scots had ranged it and do still propugn it Nothing surely could more cloud the meaning of each part in the Covenant or more pester and perturbe the whole frame of it then this insertion The same Oath to God now binds us in one clause to pursue with fire and sword all that are enemies to this Oath and yet the grand enemy of this Oath by another clause in the same Oath is preserved inviolable nay that clause which preserves one Enemy has a local preference before that which pursues all Hereupon if a Commission be taken from the King to destroy this Solemn League He that takes it dies ignominously as a Traytor but he that gives it has that indemnity given by the Covenant which his kingly office could not have given him The very penning also of this Article leaves us very dubious and perplext how far the Kings royalty is saved to Him for the saving is not absolute but refers to some thing in order above it and that is the saving of Religion and Liberty Here therefore two new doubts meet with us to intangle us 1. In what degree the King may be proceeded against when in such a degree He indangers Religion and Liberty 2ly how we shall exactly judge of these degrees when our judgements are wholly left at liberty without any limits or marks set by the Covenant The Scots have proceeded so far as to imprison the Kings person and to sequester all his royall power which is a temporary dethroning and deposing because they suppose Religion and Liberty was so far impugned by Him but they suppose that from an imprisoned sequestred King no further offence or danger can arise and therfore He ought not further to suffer This is sufficiently erroneous but this is not all yet for they will not only thus expose Religion and Liberty to greater hazards in their own Countrey but they will over-rule us with their errors and inforce us to run the same hazards in our Countrey likewise and this is more we are sure then the Covenant enforces us unto And doubtles this is very hard For besides that there is no Nation nor scarce any individuall person in any Nation who is not Judge of his own danger in this case our judgement is wrested out of
our hands and resigned into theirs who are the creators of our dangers and have declared for and thereby diverse times exasperated our greatest Enemy against us In Novem. 1643. before the Covenant was consummated the Lord Generall Essex moved in Parliament for the shortning of our war that the King who perchance was then encouraged to prolong the same out of hope of impunity at last in case his arms should miscarry might have a peremptory day set Him to come in or else to know his danger and this was consented to by both Houses but obstructed by the Scoch Commissioners what service was done to the King by this obstruction of the Scots and divers other the like ambidextrous dealings since that time and how much longer the war was protracted by it and how much mischief the same has at last drawn upon the Scots as well as us time has clearly enough demonstrated And yet still upon this the meanest and most intricate article of the Covenant they think they may break the unity and peace of great Brittain against one of the most indisputable fundamental tyes of the Covenant and that onely to shew their zeal to an Anti-covenanter which is a breach as indisputable and fundamentall as the former The intrinsecall form of the Covenant binds one party to assist the other against a common enemy it binds not one party to be assistent against the other for how can that be call'd assistence which is direct opposition Besides it binds specially to assist against such an enemy as is injurious to the others right freedom and property and can the Scots perform this bond to us when that which they call assistance to us is opposition against us even by taking away our right freedome and property for what right can remain to us whilest we are subjected to their forces what freedome whilest we are to be judged by their discretion What property when we have lost the independency of equals Certainly if we covenanted with the Scots as equall parties we did not covenant with them as superior Judges and if we had so covenanted with them our covenanting by Oath with God had been superfluous but we hope that will not be held superflous and therefore we will not endeavour to assoil our selves before the Scots we will onely in charity let them know how we have hopes to be assoiled before God The change of Government in England which could not be without the execution of the late King and rejection of his posterity more then they could be without change of Government was urged upon us and God before whom we plead knows we had not long premeditated it before nor imbraced it willingly at last by two unanswerable irresistable arguments The first was drawn from our duty to God the second from the naturall necessary care of our own preservation The first argument pressed us hard that what God had commanded could not be reversed by any act or pact of man that God had commanded us to punish blood with blood in all persons whatsoever under the power and force of our Laws and therefore our Covenant could not exempt the King himself If it be said that the King of England was above all Law that has been disputed by the sword these many years and decided for us by signall victories and the Scots have appeared as far upon that Triall as we have done and after that triall t is unequall for us to descend now to any other We prescribe nothing to other Nations whose Kings have a Legislative power and thereupon are solati Legibus and have their very wils interpreted and observed as Laws nor do we censure such States as have Princes subject to Laws yet use not rigor in all cases whatsoever We are willing that every one should stand or fall to his own Master Onely when immuring sequestring deposing impoysoning of Princes has been very frequent in the world that no Nation can be excused thereof at some time or other this seems beyond admiration that our judiciall publick execution upon the late Charles should undergo an harsher censure then all these meerly because it wanted not the due solemnities of Law and Justice to attend it May a Prince be reduced from his publick capacitie and when He is made a private person shall he be treated so as no private person may be treated Shall he be subjected to clandestine unlawfull proceedings belowe the right of a common person because He was once more then a common person and shall either Jurists or Statists that have any insight into the Laws of God and Nations stand for a secreted veiled justice such as blushes and dares not shew her face in open Court yet passe neglects upon that justice which as far abhors darknes and disdains the use of masks Our next argument was drawn from the hard necessity that was incumbent upon us for saving our selves from utter ruin Divers times we had made humble addresses to the King for a cordiall pacification the Lord knows our sincerity therin and the Scots that are now our accusers were for divers years our witnesses in that behalf but before 1646. the K had too much confidence in his English and Irish abettors and so would not hearken In the year 1646. the Kings English Forces in England failing we made new addresses at Newcastle where the King was in the nature of a Prisoner but we soon found at Newcastle that the Kings confidence was still supported there also by something that had been infused unto Him by the Scots and so that hope prooved frustrate likewise The dealing of the Scots herein was very close the English that were in Commission with the Scots for governing the affairs of that Army in the Scotch Quarters knew nothing by what invitation the King was drawn from Oxford thither nor to what purpose Montreil the French Agent was there solicititing but when our Propositions were rejected and that the Scots who joyned with us in tendring them began to dispute the Kings interests their own against us in other things and that their learned mouth Louden professed against the rigour of our capitulations in the same elaborate Oration to the King wherein He so zealously laid open the necessity of them we could not but discern a halting in that Nation and that that halting had as strange an operation upon the King The King thought now He had gotten as great a strength of Scots in the North the same being likewise fain away from our strength as He had lost of the English at Nasby and in the West and for our parts had the Scots been gold-proof we should have thought so too The disposing of the King was the matter in question the Scots were not desirous to take him into Scotland nor would leave him in England but being under our pay within our own territories where we had publick persons in Commission with them without the Parliaments or their Commissioners consents they would be a guard
verge of the Covenant and yet no man here supposes himself bound by any words of the Covenant to look after the whole administration of justice and the whole managery of the government in England or els to stand answerable for all abuses whatsoever that are not there redressed 3ly If the Covenant give us a power so large in England it must by the same reason give the Eng the same in Scotland for the bonds are equall and reciprocall and so here are discords raised betwixt us contrary to the principall drift of the Covenant such as never can be pacified the sword it self can never give any decision in the busines victory may take away equallity betwixt 2. brethren but meer victory can never take away the true right of equallity 4ly The Covenant injoynes us precisely to assist one another in reforming now the word assistence intimates a concurrence with the party covenanting against some joynt opposer it cannot be forced to intimate any violence against the party covenanting 5ly Not onely the tenor of the whole Covenant but also the particular clear purport of the fifth Article in the Covenant mainly intends to tye a firmer closer knot of union and conjunction betwixt the Nations then ever was before and therefore to rescinde a knot so manifest upon expositions and glosses of things not manifest seems to me to be a wilfull violation of the Covenant As to the other point about the Kings inlargement much may be resumed of what I said before against our judging in England but I forbear that the scruples that here suggest themselves to me are these 1. If the Kings liberty may not be restrained then neither any other of his royall prerogatives honours and powers and yet we our selves hold all these here under sequestration and for divers yeares of late we have entred upon and administred the whole royalâ— Office ourselves shall we then maintaine that the K has a right to that in England to which He has no right in Scotland 2ly If the K has a right now to his Liberty being amongst the English it will follow upon the same reason that He had a right to the same two years since when he was in our Quarters at Newâ—rk and Newcastle yet all men will sâ—â— amongst us He had no command at all but was under such a guard as had a strict charge of his person and were as rigorously answerable for the same as any Jaolers whatsoever Besides all men know He was by us delivered up to the English against his will and that upon contract and valuable considerations and that we could not have justified if we had thought he was at full liberty and could not be thereof abridged Thirdly A speciallâ— Article in our Covenant obliges us to bring all enemies of the Covenant to condigne punishment and we do punish daily capitally such of the Kings adherents as have offended against us by his Commissions and shall we think that death is due to the Actor and instrument when imprisonment is not due to the Author and principall Fourthly If we dispute not about the Kings imprisonment but as it is such that is as he is imprison'd by the Souldiery in England without consent of the Parliament there then do we take upon us to vindicate the consent of that Parliament without consent of that Parliament And since we hear not that there is any change of the Kings restraint save onely of the persons under whom he is restrained nor do the Parliament in England think fit to use force nor to desire our assistance therein I doubt if we should obtrude our force therin without any call we should offend against another proviso in the Covenant by intrenching upon the Parliaments priviledge there and by invading the Subjects property likewise which the charge of this war must necessarily draw after it These things deserve a sober deliberation before we resolve upon the justice of this war but then the justice being cleered yet I conceave we are bound to all mankind much more Christians and brethren in Covenant to give what evidence we can of the justice of our cause that if possible they may be convinced and do right before bloud be shed And since the Parliament of England upon reports of our preparations ha's dispatcht Commissioners hither to treat about all points in difference and we specially by Treaty were held to send the like to them and after all to give three months previous warning before we could have recourse to the Sword I hope no man here will offer any thing against a Treaty with the English Commissioners that satisfaction before blood may be either given or taken and if not yet the due space of warning may be observed if we should faile herein I fear we should proclaim our selves to the world abusive simulatory pretenders of the Covenant only to prophane the high Gods Name to whom we have all lifted up our false hands Next since the English in observance of their faith to us ingaged freely for our better assurance in them have left their Frontire Towns Berwick and Carlisle ungarrison'd notwithstanding the notice they have of our present posture I hope we shall scorne to make their plain dealing with us a â—nare to themselves and thinke to chastise their fidelity with our infidelity at such a time as this is when we wage war with holy thoughts and only for religious purposes And lastly since we are to engage out of pure conscience to the ends of the Covenant one whereof is to bring all enemies of the same Covenant to a legall triall I hope we shall not receive Langdale and the rest of the English Fugitives whose Swords have drawne much bloud of Covenanters to fight under our Covenanters banners This will convince us of insincerity before men this will provoke the eyes of Gods jealousie against us in the day of Battail God must be served justly as wel as in just actions and when bloud is the meane and holinesse the end God uses to be more jealous and expects more exactnesse then ordinaâ—ily Oh let not any occasion be given by a Parliament of Scotland to lay stumbling blocks before others let not the world say we wrest the Covenant to what sence we please and use it as the Papist do the word of God the case is of grand consequence it may concerne us and our posterity for ever I pray let it be throughly scand and sifted Hereunto a Gentleman of Hamiltons party may be supposed to answer My Lords and Gentlemen YOu have heard it granted that Religion in England wants Reformation and that the King ought to be set free from his forced durance under the Souldier you have heard likewise granted that our Solemn League and Covenant requires these things to be done but divers scruples have been cast in withall about the manner of doing these things in regard that a juste is required as well as a justum The main thing is that we
cause against Enemies that had observed Feciall rites with us by giving us antecedent warning wee would not have been wanting in the due formalities of defiance towards them Nay had there been any reall doubt how the Parliament and Kirke of Scotland would have determin'd of the justice and necessity of a warre with England or had there been any certain time prefixt when that determination should have been given or had wee been assured of any just time to prepare our selves afterwards for a compleat defence wee had not been so forward in seeking out the hardships of that cold and sterill soyle but as our case was wee were great sufferers wee were sufferers by perfidious Enemies wee were delusorily referd fine die to Judges that were bound to no meetings for the resolution of a case that was before resolved against us and in the meane time whilst wee were brutishly thus to waite upon such Judges all our conjured foes were contriving our ruine and were certain to prepossesse irrecoverable advantages against us But now wee shall see in the next place the same Scots that before the Judgement-seat of God charged us hitherto for entring upon them when wee were in no danger nor under any provocation seeing all their transactions at Bredah more fully come to light betake themselves from denying to confessing and avoyding Such is their faultring such is their doubling if their deniall could be maintained they needed not descend to any confession and if their confession were avowable they needed not to fly to denyalls but the truth is they can neither absolutely deny nor absolutely justifie their hostile machinations and combinations against us and therefore they shufle and trifle and play fast and lose betwixt both In August last when the Scots saw the English would not yeeld themselves to be deluded or disappointed or forecluded of any advantages in war by the false pretexts of peace they stated the case of their war in a Declaration which they forced the young King to publish in his Name at Dunferlin and according to the case there stated they resolved to joyn upon the issue of a Battail and in the Field to expect Gods own decision from Heaven The Battail was fought and the decision of Heaven dissavoured the Scots but the successe of a pitcht Feild is not now held an Argument weighty enough to sink a cause so stated Let us therefore more narrowly look into the particulars of that Declaration and examine upon what sure rules of equity and piety the cause of the Scots as it is there drawn up stands founded At first the march of our Army was held meerly invasive causlesly offensive the Scots denyed any hostile intentions against us at all now t is granted there was an intention of force but it was no other then what was justifiable by the Covenant inasmuch as it threatned none but such as were Enemies to the Covenant This seems to mean that the Parliament of England with all their Armies and Adherents had had just cause to prevent an invasion from the Scots if they had been true to the Covenant that is if they had interpreted the Covenant in the Scotch sense but since they are judged to have dealt treacherously with the Covenant they are not worthy of any defence they ought not to claim so much priviledg as to prevent any danger or enmity For if the Scotch design had been meerly to plunder and inslave us then we might have stood upon our guards or used means of prevention lawfully but since the designe was meerly to reforme us and reclaime us to our loyalty and to reconcile us to our Covenant 't was arrogance in us to thinke any resistance at all reasonable Is not this a candid honest meaning does not this high pitch of prejudice become a faire noble enemy but to the effect and purport of our Scotch Declaration by that Declaration we are satisfied in two things First What conditions were proposed by the Scots to the King both in behalfe of Scotland and England and Secondly What Laws were agreed upon by them both to be imposed upon the English Of the Kings conditions little need be said by taking the Covenant explicitly he did implicitly bind himselfe to admit the Scots to be his interpreters of it and by admitting them to be his interpreters He did ingage to follow the advice of a Parliament in all Civill cases and of an Assembly in all businesses of the Church and t is to be understood that the same advice was to sway him as well when he was to consult about his affaires in England as about his Scotch affaires For a proof hereof we see when this very Declaration so neerly concerning the government of England was to be issued in the young Kings â—ame and he to avoid the same was withdrawne to Dunferlin Commissioners were sent after him from the Kirk and States to let him know that by the Covenant he was bound to signe and own this their Act and that by his refusall if he separated his interest from Gods and the Churches they would endeavour the preservation of both without his But let us passe to the â—aws imposed upon us by the accord â—t Bredah and let us view sadly those heavy iron yoakâ— that are there â—â—eathed for the neck of England After that the young King â—â— obliged to stand to the advice of the Scots in the supream counsels and concernments of England Let us consider â—ow â—ar that advice is converted to our confusion The first thing that we are to submit to is we are here to yeeld up the Crown of England to be disposed of by the Scots we must suppose there lies a duty and is conferd a power by the Covenant upon them to see to our line of succession and to take order that in all questions betwixt the people and any pretendor the Throne may be duly filled and possessed If a Traytor that ha's been an enemy in Arms that is claime by inheritance the Soveraignty of England the Scots may justifie force to invest him here 't is breach of Coven in us to oppose 2. Though the same K. may â—e under Sequestration in Scoâ—â— til he has given publick satisfaction there yet there is no satisfaction due in Engl of which the English are to be Judges for the English are to rest satisfied in this that the Scots rest satisfied if the Scots rest satisfied the English sequestration becomes vacâ—ted Nay though that which the Scotsâ—all satisfaction be apparently extorted by force and almost confessed to be meeâ—â—imulation yet the English in spight of their understandings and senses must accept of it The Scots say their young King is truly humbled for his Fathers Tyranny and his Mothers Idolatry the young King abhors ther hypocrisie therein and for divers days together puts all his hopes in this world upon eminent hazard rather then he will subscribe their dictates yet the English must neither question his