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A67901 A review of the Covenant, wherein the originall, grounds, means, matter, and ends of it are examined: and out of the principles of the remonstrances, declarations, votes, orders, and ordinances of the prime covenanteers, or the firmer grounds of Scripture, law, and reason, disproved. Langbaine, Gerard, 1609-1658. 1645 (1645) Wing L371; ESTC R210023 90,934 119

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losse of the Head or by consumption of the inferiour Members these are scruples which others may resolve But if Treason be a charge which a Parliament cannot be capable of as they n declare it is and I believe it to be true because perhaps as some Romish Doctours have asserted the Popes infallibility teaching that he cannot erre as Pope for if he do he ceaseth to be Pope so if the maior part of one or both Houses shall consent unto approve or command any treasonable Act they thereby cease to be a Parliament who are presumed in Law to be no lesse than they professe His Maiesties faithfull and loyall Subiects Then if the Members at Westminster by raising Warre against the King o by forging a new Great Seale and declaring the old one by which they were called and do sit to be of no force by calling in an Army of strangers or by any other Act or Vote of theirs be trul● guilty of that charge ●hey are no longer to be looked upon as a Parliament Lastly if the equitable sense of the Law may take place here which has been pressed so much in other cases it must be acknowledged that the Essence of that great Councell does not consist in the place but the persons for the place may be changed yet the Parliament remain still the same When we see farre more of the Lords with his Majesty than at Westminster when we finde upon strict account that the maior part of the Commons are either driv●n away or have deserted that Cause when we observe how many Members of either House do daily hazard or have already spent their lives in the service against it when we weigh their qualities abilities and estates with those of their opposites and finde them to be men of the best ranke in their Countries of known integrity for their lives of unspotted zeale to Religion of sound judgement and knowledge in Law of publique thoughts to the good of the Kingdome as well as loyalty to the Ki●g which hath engaged them in this Warre by which they have lost more already than the opposite Faction ever had and expect to gain nothing but the testimony of a good conscience when we consider how many of those that are most active at Westminster by reason of their undue election had never any right to sit there and suppose that many others still remaining are not alwayes carried along with the streame when we remember by what meanes the Bishops who are acknowledged by Parliament to represent one of p the three Estates of the Realme were thrust out contrary to the Fundamentall Law and how by that meanes all succeeding exorbitancies have been falsly fathered upon the Parliament we cannot but pronounce upon these premises that the Parliament is in truth for that cause which is owned by his Majesty and not for that which passeth under the false usurped name of King and Parliament CHAP. XII The true End of framing and enjoyning this Covenant the bringing in of the Scots absolutely unlawfull HAving done with the many specious and pretended Ends of the Covenant we are come to the true End of Covenanting at this time which the Schooles would call Finis applicationis finis operantis This in particular persons may be divers as the desire of advancement in some the hope of impunity in others but the main general End which first set the Contrivers on worke about framing this Covenant and keepes them still at it by pressing it upon this Kingdom was the bringing in of the Scots a The Covenant is one of the postnati of that Kingdome it was begotten and borne in Edinborough onely our English Commissioner● played the Midwives and helped to licke it over into some fashion Vnlesse the Faction in England would engage themselves and their Adherents in such a Combination those conscientious Brethren of Scotland refused to assist in this Rebellion as they are now ready to do being upon their march to invade us A thing so repugnant to the Weale of this Kingdome that no true English heart but will abhorre the mention of it and so unjustifiable in respect of them that no Scot who has any sense of Religion to God of gratitude and duty to their native King or of brotherly charity to this neighbour Nation will ever dare to draw his sword in this quarrell I. First how farre it may endanger the being of this Kingdome to admit an Army of strangers into her bowels none such an infant in discretion or History but is able to descerne The calling in of forreigne Force if it were not Treason by Law is a thing so odious in Nature to any that is touched with affection to his native Countrey that his Majesties greatest Enemies could not suggest a calumny more malicious against him nor more powerfull to steale away his Sub●ects hearts from him than by giving out that he intended to make use of forreigne aide when they supposed they had brought him to so low an ebbe that he would never finde sufficient succour from his own Subjects They are now driven to as great an exigency and make no scruple of acting that course which no necessity would suffer to enter into the Kings thoughts Such was his tender care and fatherly affection to His people He chose rather to run the hazard of His owne ruine then owe his preservation to any hands but such as God should raise up in his defence among His owne Subjects These waies of the Covenanteers doe both justifie the Commission of Array against all their former objections which grant it lawfull in the comming in of strange enemies and if His Majesty should follow their example and hire an army to assist him from some other Nation whatever were the consequents of it they must beare the blame that first led the way and he would be clear before God and man II. Secondly this intended invasion is so injust in respect of the Scots that all who heare of it must cry shame upon them who at the same time enter into a solemne Vow inviolably to observe the Articles of the late Treaty of Peace betwixt the two Nations and to endeavour that they may remaine conjoyned in a firme peace and union to all posterity and that justice may be done upon the wilfull opposers thereof and at the same time seise upon Berwick and put a Garrison in i● contrary to an expresse Article of that Treaty of Peace so lately concluded and setled by both Parliaments and are now upon the poynt to power an Army into this Kingdome whereby it appeares that though we made peace with them they made none with us and we conclude as a former b Parliament did against them that it were better for us to be at open war with them then under such a feigned peace III. They cannot say nor doe they pretend that any one Article was violated upon our part unlesse it were by those whom they come to
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 Covenan● 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 i● 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 ●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 himsel●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 sin● 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 ●carce admit to be true For it may well be conceived that the chiefe Heads among the
be in Gods Cause will not worke but for their wages and to enhanse those they may pr●tract their service so long till all our Treasure will not pay them and they who come to be partners will at last look to be masters Aske the Stories which will not flatter what was the event of calling the Saxons and Normans into this Land We have nothing to secure us from the like now save onely the innate candor and veracity of the Nation so much famed in their own and ours and forreigne o Histories Sic notus Vly●ses But if the Scots should prove as honest as they are wise would there be any certainty of Peace among our English Covenanteers I conceive not Consider them of two sorts the one engaged out of conscience the other for politique ends For the first how shall so many different Sects be reconciled who are bound by their Oath to extirpate all Schisme They must fall to it pell mell the Presbyterians Brownists and other Separatists must fight it out It is not a Parliamentary Power that will restraine them The same principles which are produced now against the King will serve then against the States Their obligations are reciprocall and if their Excellencies faile in their trust they know what followes If any insolent demand of popular zeale be not hearkened to presently Ad arma Any turbulent Volero any factious Bo●tefeu may set a City on fire but it requires paines and skill to quench it Quippè in turbas discordias pessimo cuique plurima vis pax quies bonis artibus indigent For the second sort of Covenanteers the Politicians though their stomackes be stayed for a while and the common enemy do yet unite them when he is taken out of the way those coales of dissension which can at this time scarce be smothered will then burst out into open flames Essex and Waller Manchester and Willoughby Denbigh and Purefey Brereton and Ashton will then try the strength of their parties The hopes of sharing the meanes of the Church and Delinquents Estates and succeeding in the chiefe Places of Honour and Profit in the Kingdome which now whets their swords against those that hold them if they misse or fall short of those hopes will set as sharpe an edge upon them against their new Rivals they must needs fall ●ut about dividing the spoile For the preferments being not equall in number to the Competitors some must be put by and perhaps those that are advanced will complain it is below their merits when every man shall set the rate upon his own Treason but a few will be satisfied This will beget new discontents and those will beget new feares and jealousies and these will require new Officers of State such as may be confided in and what Peace what safety is like to be in the end of all this Very little unlesse some of the Royall Race again as Augustus in the Roman State Cuncta discordiis civilibus falsa nomine Principis sub Imperium accipiat CHAP. XI That the particular Ends of the severall Articles are likewise inconsistent with the matter of them I. AS the whole Covenant is either inconducing to or incon●istent with the generall Ends for which it is pretended to be taken so are the severall Articles of it to those particular Ends which are specified in them The Reformation vowed in the first by such a violent course as they now endeavour it we have alread● proved to be no meanes but rather a hinderance to the growth of Religion and so to that Life in faith and love and cohabitation of God among us which is the End proposed to that Article The like violent Extirpation of Prelacy which is no sin vowed in the second is so farre from preventing the inconvenience there mentioned partaking in other mens sinnes that all who vow it are thereby guilty of sin much more they who attempt to do it in such a disorderly way and most of all those who by feare or threatening which is a morall compulsion force other men to enter into their Covenant who are either perswaded in conscience of the iniquity of it or cannot take it without reluctancy and doubting and so not without sin These men making it a touch of other mens affections and the refusall of it a pretence to spoile and plunder so causing them to sweare who if they do must forsweare are most properly and truly partakers in other mens sinnes II. Lastly their End of swearing the third Article to maintain the Rights and Priviledges of Parliament and the Kings Person and Authority is said to be That the world may beare witnesse with their consciences of their loyalty that they have no thoughts or intentions to diminish his Majesties iust power and greatnesse This is vain and impertinent for the world cannot see into their consciences nor judge of their thoughts and intentions otherwise than by their actions It is acknowledged by the Lord a Brook That Powers are God's Ordinances set over us for good and that Kingdomes certainly in holy Writ have more for them than any other Government But let the ius Regium be never so much by Scripture our King must be allowed no more than he can entitle himselfe to by the Law of the Land nor so much neither by the good will of the Covenanteers That the world may have some evidence to passe sentence upon we shall propose a few particulars wherein the Kings iust Power hath been diminished if not abolished by the Master-Covenanteers 1. The Kings of England have been anciently so fully invested in the Legislative Power that most of the Common Lawes we are now governed by do owe their creation or conservation to the meere mercy of the Conquerour Magna Charta was first granted by Henry the Third b of his meere free will c. Other Statutes which passe in number and have still the force of Acts of Parliament are directed as private Writs with a Teste meipso and the common stile of most others runnes in this strain The King with the advice of the Lords at the humble Petition of the commons wills c. The forme of passing Billes which is still observed is Le Roy le veult and Soit fait comm● il est desire Hence some have collected that the Rogation of Lawes belongs to the two Houses but the Legislation to the King that their Act is Preparative his onely Iussive The Covenanteers have not onely diminished but d contrary to their Declarations utterly deprived him of this so iust so necessary a power without which he cannot performe his trust nor discharge his Oath to his Subjects For they e challenge him as bound to passe all Billes that shall be presented to him as for the good of the Kingdome whereby they do not leave him so much power as the meanest Cobler that gives a voyce in the Election or the Burgesse that is returned and sits in Parliament
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 Governm●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 King● 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 t●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 concer●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