then what the Apostle enjoyns Let every Soule be subject to the higher powers for there is no power but of God the Powers that be are ordained of him and whereas they have enacted and declared that all men in Offices of trust and qualified shall promise to be true and faithfull to this Commonwealth wherein they live and from whence they hold and enjoy their welfare requiring afterwards a Subscription and Engagement of Fealty unto the Commonwealth as it is now established without a King or House of Lords the peoples subscription thereunto is no more if small matters may hold resemblance with greater then Tenants of a Mannour unto a Lord thereof unto whom without disputing the Right and Title they promise their present Fealty If the Lord unto whom they have heretofore done Homage be disseâ—sed by a stronger then himself take it either of Right or Power the Tenants are to pay their Homage to the Lord that is It is not to the Power already past or that which is to come but to the powers that be unto which Subjection is to be rendred The name as the Office of a King hath been an ancient continued and supreme Title before and since the Conquest his single person subject yet to Passion Error Faylings through which he may more expose his Kingdoms unto dangers then a Councell of Parliament can well be thought to do A Parliament hath been a discontinued and intermitted Court howbeit of l Supreme Authority and Honour within the power of any wicked or impious King if any should happen to reigne to be held on or dissolved at pleasure untill by a Law Enacted by the late King's consent This was not to be dissolved unlesse they pleased Wherefore the People leaning rather on the one the King being of a setled Being and who could Reward or Punish at his Will then on the other the Parliament of a more unstable Being and heretofore Dissoluble at the pleasure of a Prince the Parliament judged it fittest to take away his Power and Office lest by vertue of such Power he might Dissolve Convene at pleasure and so Awe their next Convention as to Repeale and make Null the Laws and Acts of this The Inconveniences may be many discovered by their prudence which the state of Common-wealths in a Monarchy may be subject unto when Princes in their Usurpingly Absolute and Monarchicall estate abusing their Power Trust and Liberty have become Tyrants over the Lives and Liberties of the People assâ—ming moreover so much unto themseves or having been flattered by their Creatures to believe That they are Gods on Earth as some of the Roman Emperours did arrogate unto themselves That their Power is so vast so Soveraign that the People were ordained for their behoof to doe and pay Obedience in whatsoever they shall Command not the King for the m Peoples good That Kings were accountable to none but God for whatsoever they doe as of late 't was threatned That the Kingdome hath its Power and Being from the King when as a grave n Divine by his Reading proves That the King hath his Power from his Kingdome therefore his Authority further illustrating upon the point That howbeit Power and Authority be tearmes sometimes confounded if distinguished makes clear the matter for Authority is a Right and Lawfulnesse to command Obedience such as all Governours and Magistrates have more or lesse But Power is a lawfull ability to force Obedience where upon command it is denyed One may have a just and lawfull right to command that wants a compulsive power to restrain from committing sinnes as to enforce mens duties Others may have strength to force commonly called Power that wants Authority to command and Power is that which in all Government bears the sway Wherefore in the Scripture Rom. 13. it is taken concretively for the Governours and Magistrates themselves which have Powerat Command to force Obedience to their Commands Now there is no doubt but the King hath full power to command according unto Law all such as are subject to him by Law But if upon command obedience be denyed whence hath he lawfull power to enforce obedience whence hath he power to make good his Authority but from the people he cannot have it from himsele being but one man To keep a strong guard of some of his people to impugne and force the rest must needs produce Commotions Insurrections and a civill War the * Philosopher and others who write of Policy will tell you it is Tyranny nor is such ability Potestas but Vis Violence not Power because unlawfull when Vis and Potestas or Vis and Jus doe clash and skirmish the consequence is dangerous To keep an Army on foot continually under other pretences thereby to affright and force the Subjects is little better therefore the Kings Power must needs come from his own Peoples hands and strength and from the same People must come his Authority If any other should give him Authority which were not able to make it good by Power it were given him in vain nor were the People bound to make that good which themselves gave not whence he hath his power then from thence he must needs receive his Authority even from the Kingdom Notwithstanding which admit what the Kings party would have That the Kingdome hath its Power or Being from the King that Kings as Nursing-Fathers are worthy of much honour yet where they lay waste their Soveraignty by oppressing their People by exercising a Tyrannicall Power over their Estates Lives where they embroyle their Kingdomes in such a War as the doubtfulnesse of the successe hath protracted it for many years the continuing it hath consumed the Estates and appall'd the hearts of most of his people no man knowing yet the worst and end thereof they cannot expect Power Being and Welfare from such a King The danger of the continuing therof consists in this That howbeit there have been heretofore Civill Wars betwixt the King and Subjects of this Nation none like to this consider it either in the manner for the beginning and continuance of it for the opposite and crosse Engagements even beween the nearest Friends between Brethren of the same Bloud betweene the Father and the Sonne between Equalls in all Degrees and Faculties Amongst some really and with vehemence pursued amongst others though opposite in judgement and opinion yet so linckt in relative affection each to other that their Actings and Contendings seem rather a mutuall agreement with their Friends of the opposite part to serve each others turne then a true and reall Discord to the end that which of the parties shall prevaile the Prevailer by such mutuall contract shall be able to helpe the Conquered And that which seems strange in the Quarrell the most unhappy to the protracting it is the Violence and Heat in many of the Opposites shewne in their contrary arguings and assertions one to the other as that the taking up
Hominum for no other reason than that the People of the one are subject and obedient to the Will and Arbitrary Government of theirs the People of England pay a known and limited obedience by the Lawes which the King is alike sworn to keep by his practice in his own Person and by his power to maintaine it towards others as the People to obey The Lawes Customes and Constitutions of England as a b Noble Prince and Peer of France observes are of another Forme of Government differing from all other Nations some being Free-States others simply and absolutely Monarchies having Power and as they think also Right to inforce and conform all under them to slavery and vassallage XIIII That if the Parliament notwithstanding these attempts and practices against Their Power should prevail They would and must to keep up Their Power lay Taxes and Payments on the People who when the War did seem or was neer an end their complaint would be and that with repining and murmuring The War is ended the Taxes and Payments yet continued not considering that it is of as great concernment to keep as to gaine a Victory nor sensible of the quiet and safety which through the counsel and vigilancy of the higher Powers they doe enjoy and other Countries infested with the like Civil Wars doe want when as the Parliament in case of Their prevailing were to weigh withall the doubts and dangers attending Them the care jealousie and fears which no men but would avoid the troubles of and such as They must be subject to untill the Conquest be fully made the cares against the surprizall of their Enemy the Jealousie of friends proving false or falling off the feares of losing what They should gaine all these being passive more serious and anxious than the hopes of the adverse part Feares more deeply seizing and disquieting the Conquerours spirits especially whilest their Victory is accompanied with study and thoughts of mercy towards the Conquered hopes in the vanquished being more bold and active raising thoughts working still how to recover what they have lost XV Again They could not but consider that in a War with Them the King Their Enemy would have some of his Party fit and able to inveigh and declaim against Them as being Rebels for contending with him wherefore in case of the Parliaments prevailing untill a full Conquest made They being subject to the charge of Rebellion Treason and accused thereof as by several Edicts and Declarations published it hath fallen out and that the King with the help of his c Chronicler hath in a continued tone named Them the Rebells at Westminster Perjured and nothing since of pardon to assoil them from such guilt to repeale such censure could not but expect to be dealt with by their Enemies thirsting after Revenge and Conquest with Vices of as sharp an edge to revenge and wound as with Dissembling Treachery Falshood Perjury whilst the Parliament and their friends are in the state of Traytors as the Kings party counteth Them and nothing done by him to clear Them from such guilt t is held but just to recompence Treason with Treachery Forswearing with Forswearing and all held honest means in order to the chastising Rebells and good enough to be practiced against the Power of Traytors casting and scattering the seeds of those Vices even amongst the Parliaments own Friends to divide Them within Themselves to cut asunder the Tyes and Ligaments which should strengthen their Accord that being weakned they may be overcome at last So the Dissembling Fraud and Art which the Loser practiseth as his means of recovering his loss may teach the Winner as his means to keep what he hath got XVI That all disasters and evils whether Sicknesse Dearth or what Calamities soever happening through and by reason of such numerous bodies as an Army consists of what Enormities and Errors committed or suffered either in Church or State an Army can by their strength defend and justifie none daring to question them so all the evils and injuries done to be laid to the charge of the present power which Governs and Rules no better in the peoples account thence reckoning all the disasters of the war to flow not looking on the first occasion and Authors of the war Neither doth the peoples Regreet and Iealousie cease in this surmise for that moreover there are to be Agents and Officers belonging to and providing for an Army Receivers Expenditors Treasurers others too many to be here recited who in troubled waters will bring in to their private banke what is to be raised for the publique use and that the Warre and Calamities thereof are protracted through their corruption and privy gainings XVII That in a Battle fought which side soever should prevaile there would fall ouâ— enough to disturbe and divide the thoughts of either side the Conquered and Conquerour fears and doubtings in the Conquered whether they should wholly yeeld unto the Conquerour or entertaine hopes of recovering their losse againe Pride and Insolence in the Conquerours dividing them likewise into variety of opinions what course were fittest to be taken for their next atchievement the distractions thereof have sometimes overthrown an Army the Commander in chief being not at al times present nor his judgment at any time infallibly certain to direct and when a d victory shall be gained which naturally is proud and by Pride comes contentions emulations and variances in actions as well as in opinions the Conquerors strength would be thereby weakned and thence in danger to be lost XVIII That untill a compleat and full conquest made which could not be without much pressure and heavy sufferings on the vanquished without charge and payments layd on all Enemies Friends Enemies in being fined for their Delinquency Friends burthened by reason of their expence and charge in the publique service of providing for the common peace for the maintenance of the Souldiery and the like an Army was to be continued and maintained to prevent Insurrections here at home inroads and invasions from abroad that the Army was to consist of multitudes of Souldiers those multitudes would have their severall humours and opinions tending to divisions consequently to the destruction and ruine of the whole that without an extraordinary care to please and satisfie them in their demands there would be mutinying revolting and inconstancy in the private Souldiery for want of judgment to discern for what they fought XIX That if the Conquerours power should at any time abate before a full and totall conquest made he would be put to it what course to take to encrease it againe Forcing and Impressing men to fight in a cause so intricate as unto some it seemed then and for a long time controverted as this hath been would prove harsh and irksom and would meet with resistance in a people made and born free unlesse their pay and reward be answerable to yea beyond their meritings XX That in the confusion
they pretend the Authority of the Word and whatsoever conceipt is begotten in their heads the Spirit of God to be presently the Author of it when as learned and judicious men in whom the Lord hath put wisdome and understanding to know how to worke all manner of worke for the service of the Sanctuary like Bezaleel and Aholiab refuse much of the stuffe which is offered them Scripture is given to all to learne to teach to interpret only to a few It is the voice of God confessed by all that the sense is Scripture not the words it cannot be therefore avoyded but that he that wilfully strives to fasten some sense of his owne other then the nature of the place will beare must needs take upon him the person of God himselfe and to be an indicter of Scripture No Scripture is of private interpretation There can be but two certaine and infallible Interpreters of it either it selfe or the holy Ghost the Author of it it selfe doth then expound it encouragement to the Study and Increase thereof by their favour and respect shewn unto the Universities and Colledges where it is most properly to be acquired and had for which they were instituted at first and are renowned equally to the best Seminaries of Learning throughout all EUROPE the Parliament having for the c most part exempted them from any Charge or Tax for raising mony towards this War by giving way unto and placing painful and sober Governours in the severall Societies of the Universities to reduce them to their former temper of acquiring Learning and good Manners that what the fury and fiercenesse of the War was likely to demolish and destroy is yet recoverable by the care and industry of their Governours that whereas there is a Disproportion and Antipathy between Science a soft milde and tender habit and a War a privative and destroying judgement there is yet by Gods blessing left a possibility and meanes of a regresse from a Warre and Garrison of Souldiers in * one of them to an acquisition of Sciences and Learning Neither doth the Parliament for ought we see neglect or disesteem the Universities or other Seminaries of Learning or take away the Endowments of Colledgeâ— as their Enemies give out in that some of the most learned of the Schollers there are dispossessed of part of their Estates for their disaffection or because that able men of the Universities and elsewhere are sequestred for a time by reason of their constant prejudice and ill will against the Parliament and their Proceedings the Parliament knowing such to be Interested and not long since seasoned by the Enemy Garrisoning in one of the Vniversities and devising yet to contrive their overthrow to let in the King's Power againe They could not be ignorant of the discontent and envy borne towards Them by divers of the more ripe and learned of the Clergy to see the Church Preferments and Dignities which they aimed at to be taken away how apt withall to engage the younger sort of Schollers in this their Cause by seasoning them with the same leaven of Discontent without considâ—ring that what was bestowed and instituted at first by Pious d Founders for the encouragement of Learning study and good uses many of them did betray to Luxury and Ease which the Parliament not knowing how otherwise to correct or moderate and foreseeing such Corruption to be so incorporate into their Prelaticall and Caâ—hedrall Calling that amidst these oppositions and distractions threatning the ruine of Three Kingdomes occasioned chiefly by reason of a corrupt and Prelaticall Clergy as the e Estates of 2 of the said Kingdoms have observed They knew no other remedy to be applyed then to alienate those Endowments to dispose of them to other uses The work of Reformation being in hand and Preaching the Gospell the instrumentall means thereof no man will judge such an emulation or ill-will to be in a prudent Laity intending to Reform towards a learned Clergy the means of Reforming that the one should discountenance or bring down the other the Clergy such as the Apostle would have them be Blamelesse have h Remonstrated and Protested for the contrary Rather the Kings Party with the Presbyterians most adhering unto him now seem to give way to many practises tending to Irreligion although not directly and immediately unless by those of the Popish Faction yet remotely and consequently whilst they so earnestly contend against the opposite Party called Independents that they would rather submit unto a Turk or Jew then to be mastered by that Party for the Presbyterians weakning them and themselves also by striving each with other help the Enemy into a Power to subvert that which some of the Kings Party have heretofore aimed at and hath been the first object of this Quarrell Religion The Emulation and Discontent of which Parties the Kings and those of Presbyterian grows out of a fear to be overcome Adversaries convinced are prone to Revenge and Envy and that appears from the judgement and censure the Kings Party have passed against the Parliaments in the punishment had the Kings prevailed they would have condemned them to for of the moderate sort of the Parliament and their Friends they hold them unskillfull i vulgar spirited weak and seduced men for siding with the People as they term it and their Multitudes the more eminent active sort Traitors Periured All yea the Neutralls too for not offering to defend the King according to the Oath of Allegiance the Parliament Party having a more moderate and milde judgment of the King's knowing many of them restlesse and implacable as yet judging others mistaken onely misapprehending the Cause in hand or to have been led away through ambition aspiring thoughts to adhere unto the King whereupon they have accordingly passed by the Errors and Transgressions of the Kings by an easy mulcting them giving way unto their enjoying their Estates and Fortunes so that if the judgment at the first had been no worse no more rashly and erroneously passed against the one then it was against the other Party the War had soon been ended and a Peace restored By the Kings Parties large extenâ—ion of which Oath in not offering to defend the King they may bring many within the compasse of Perjury the King holding himselfe bound to maintaine the Lawes by his Supreme power to tâ—ke vengeance on evill doers without which he may think he bears the Sword in 〈◊〉 as the Subjects are to their Allegiance the obligation is reciprocall as the two Houses of Parliament when allowed to be and styled by the King himselfe a Parliament with an unanimous consent observed in their Message sent unto him else-where recited in this discourse if the King may dispence with his Oath from which the Author of the k {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} presumes to discharge him as that the Author is so far from thinking the Maiesty of the Crown of
The English PRESBYTERIAN AND INDEPENDENT Reconciled SETTING FORTH THE Small ground of Difference between them Both LONDON Printed for Edward Brewster at the Sign of the Crane in Pauls Church-yard 1656. THE ENGLISH PRESBYTERIAN and INDEPENDENT RECONCILED THe great long and heavy troubles brought upon the three Kingdoms under the late King's Dominions complained of in the Discourse and a Meditations of the Book called The Kings Pourtrayture have had other Causes from whence they originally did spring and have derived their Being from a more antient date of time than of what the Author of that Book complaines of the King's Complyance and giving way unto the death of a Lord a Favorite of his mentioned in that Book when as the late Jealousies between the King and his party on the one side and the Court of Parliament on the other grown into Civil broils and having for many years disturbed the Peace of his Kingdomes cannot be ascribed to any other visible Motive than to a more generall and universall one at first Iniustice and Oppression practised where no Power was able to resist for if as the b Wise man observes Righteousnes exalts a Nation sheweth also how the King's Throne may be established by the rule of contraries Iniustice overthrows a Nation and by His listening unto the wicked His Throne is thrown down The next motive whereunto the continuation of these troubles mentioned in that Booke may be ascribed is unto the Violence and Heat in the prosecuting their severall Interests upon the one Party's mis-apprehending the Subject of the Quarrell both Parties pretending to the preservation of the common Peace and severally setting forth the justice of their Cause the reason and equity of their proceedings which hath produced so much Sedition Strife and Faction that untill in more of all sides a right and perfect understanding be had the Common-wealth is likely to remain as a long time it hath in a languishing and sad estate Severall discourses have been vented diverse Bookes of an opposite sort each to other published to vindicate and cleare the one to calumniate and traduce the other Party when as there is but one Truth and Justice which both Parties challenge to be theirs laying the Iniquity and Wrong-doing to their Adversaryes charge A scrutiny made into the falshood and counterfeit glosses practised by the one an equitable acceptation of the just interest and pleading of the Other a serious and true examining the various Writings on either part what hath passed in the transaction of their Affairs might stint the Quarrel the observing how the one Party in their Declarations have unjustly and deeply charged the other of severall Crimes and Misdeamenours thereby wronging their own proceedings in the manner of their dealing might convince the Adversary and consequently put a speedy period to this contention When about eleven years since the King c from the urgency of his own affairs as is given out in his behalf from indeed His contesting with His Subjects of Scotland about their endeavouring to defend their antient Constitutions summoned this Parliament and by his Writ confined it to such a Time and Place when the matters were debated there the Convention being full and free so by himself acknowledged that which seemed displeasing and not consonant to his Will was attempted to be made frustrate by his Power which the Parliament being sensible of and foreseeing future and forcible attempts to be made upon their Priviledges sought on the other side to maintain their Power and Rights to relieve their fellow subjects suffering under the late oppressions offered by the Ministers of Justice against the peoples liberties against the known fundamental Laws The infringing of which added to the late jealousies entertained by our neighbouring Nation the Scotish and divers of the English Nation was in most mens judgment the first Ascent to these Divisions Oppression Injustice in the King his party first then their contending to defend and excuse themselves to accuse and retort on the Parliament and their Party the guilt of their own demeanor wherein when they could not prevaile their desire and pursuit of making good their Accusation encreased the division to this height how and by what degrees it went higher what projects and practices to get the upper hand follows in this Narration In the resenting which all men seemed engaged either in Affections and tacite Wishings or in Action some to the one others to the other Party most unto that which they conceived was ordained and then convened to preserve Peace and Justice which by the other had been not long before disturbed Not by the way that it is thence inferred that the Parliaments Cause was therfore the better or more just because the most and greatest part of People then sided with them or that the King's Parties Cause is so now in that so many are faln off from the Paâ—â— and that party some upon dissenting in Opinion others grudging at without duly weighing the reasons of the Parliaments actings most indeed troubled at being subject to their Power Government by reason of the Impositions Taxes wch for a time they do lie under repine to pay not looking back to the first Occasioners of the war but fondly conceiving because they feel not the fury of a prevalent hostility war that therefore there is no war but because the People the wiser sort at least long since knew the benefit and use the dignity necessity of that Court as the supreme Judicatory of the Kingdom therefore the antient Authority thereof to be maintained the Power and Priviledges not to be infringed or violated they knowing the End wherefore that Court was instituted at first by an ancient necessary and wholesom * Law of giving redresse to grievances in a Common-wealth of what quality the Persons assembled by solemn Writ should be directing how they were to be Habited to defend their Country against all force opposing them as by the d Emblem of Valour required in them it may appear And no question if the Kings of this Realm have deputed none to place of iustice but e meunltz valiantz as King Edward the 3. expresseth it None but such are to defend serve their Country in the highest place of Judicature That as to this present Parliament the King himself in his f Answer to a Declaration sent him from both Houses of Lords and Commons doth confesse and allow them a full and Iuridicall power to iudge and determine the most doubtfull high and weightiest crimes and causes although he seems to limit it again by particular Cases and regularly brought before them acknowledging withal g together with the Lords and Commons assembled at Oxford the Privileges of Parliament to be so substantiall and entire a Right that the Invasion of the liberties of either House as the course of Parliaments was then heretofore held was an iniury to the other and to
the whole Kingdome In severall his Messages returned unto their Propositions he repeats and confirms the same judgement of and concerning their full and ample power being lawfully summoned and by a Law consented unto by himselfe in full Parliament Not to be dissolved unless by their own consent Notwithstanding which severall attempts of force and violence were offered as far as his and his parties power could extend it self to the dissolving it by contending to divide and scatter them accusing the remaining part of the Members sitting in the House at Westminster of being Rebells so being divided to account no other of the Parliament at Westminster than he did soone after the Pacification made with his Scotish Subjects of the Parliament in Scotland terming them h The divided Members of that distracted Parliamentary Body remaining at Edinburgh So that as to the Parliament of England it must be confessed that he meaned not what he expressed in allowing to them that lati-tude of Power and Priviledges or that his Party hath since prevailed with him to renounce that judgement which he declared to have had of them That the contentions at the first sitting of the House were upon the point about matters of fact what things were done what projected to be done How the King and his Ministers of Justice had demeaned themselves since the beginning of his Reign how many oppressions of severall kinds had been offered by them how they had offended against the known Lawes in an Arbitrary way of Government which being disputed by all men as they conversed together or within themselves a Division could not be avoided but must break out into contrariety of Opinions and Affections consequently into Partyes and Engagings as their judgements should direct some likely to adhere unto the King contending to make him Absolute to doe whatsoever he pleased others contending on the other hand to have him govern according to the Lawes as bound by his Oath the result from out the differences betwixt them both could be no other than for the one Party knowing what of late had passed to endeavour a redresse to consult a remedy against the like Exorbitances withall that there was no other visible power in being to emulate and check a King 's except a Parliament's i the Power and Priviledges of which Court in Rivalship with the Kings have been many wayes manifested in the actings and contestings betwixt their powers In the present contention betwixt which it is not so much what hath accidentally fallen out in the progresse of this war as what hath been actually and intentionally attempted to be done which foments the quarrell or decides the controversy That this Parliament in contending to maintaine their power their friends and assistants against their enemies confronting them was by an high hand interrupted and opposed and if we take our Neighbour Nation the k Scots their judgment in the stating the occasion of this VVarre and the Enemies designe this Parliament was for no other reason called then to give the King relief and aid against their comming into England This the occasion of the League and union betwixt us and them On these and the like grounds they knowing what had been attempted against their Nationall Lawes and Rights foreseeing what the event was like to be in case they did not bear with patience knowing also in what condition the English at or near that time were what Declarations the King had published against some what severe courses he had taken against other Members of the Parliament of England which the Historian notes the dejected People were enforced to endure with patience and to allow against their own reason the Scots considering withall that if of themselves they made resistance without the aid of friends they were too weak a power that if they delayed their course for remedy too long their friends and strength might have been prevented and knowing before hand that there are but two remedies applyable to the approach of dangers Prevention and Recovery the first the right hand rather the heart of Policy the other the left and after-game They begun before any preparations made for or against a VVar with sending to the Parliament of England a Iustification of their proceedings intreating them to be wary in Vindicating their own Lawes and Liberties to frustrate the designs of those evill Counsellours who had procured this Parliament for no other end than to arme the King with warlike supplies against his Scotish Subjects and by that Warre to enslave if not to ruine both Nations that after many violations and dissolutions of Parliaments in England This was not to redresse grievances but to be so over-reached if they were not carefull and couragious that no possibility should be left for the future redressing any That so dangerous practises might be well suspected when at the same time a Parliament was denyed to Scotland although promised on the word of a King granted to England when not expected and obtruded upon Ireland when not desired The rise of all which was from the anger which the Scots knew the King conceived against them for some particular acts of theirs charged with Disloyalty as without recounting all other differences and jealousâ—es betwixt him and them That they refused and declared against the Messages sent them to receive the Service-Book obtruded on them for which as for vindicating themselves from the like charged Disloyalties they were accused by the King to have wrote a l Letter to the K. of France Imploring His Protection as weary of their Obedience to their owne King for which disloyall Letter as it was termed a chief m Peer of theirs was imprisoned and condemned to dye That the Pacification had and made to take away all differences past and which might ensue betwixt the King the English and the Scots by the prudent and joynt advice of a select Committee of English and Scotish Lords as to remove all jealousies betwixt both Nations was soone after it was made scoâ—ned and slighted the Scots then complaining in their informations made unto the English their Friends and Brethren of many injuries they had received since the Pacification made and contrary to that Agreement This was the condition of the Scots these the very words of their Remonstrance That the Union and Brotherly League entred into by both Nations was no otherwise construed than an Invitation in the one and invasion of n Forreiners in the other Nation and howsoever the Charge in the 7. Articles exhibited against the 5 Members of the House of Commons and one Lord of the House of Peers was laid to those few onely yet probably it had reached many other of the English Nation had not the first assault of violence in the Kings party miscarried as it did But wherefore were those Articles exhibited against those Members and the King attempt in an hostile array to seize their Persons in the House of Commons which when he could not effect
want the blessing of Peace but grow subject to the oppression charges and injuries incident to a VVar. V. The Parliament could not but foresee that in case a VVar were to be waged their own Countrey-men both Officers and private Souldiers must fight it out Souldiers of Fortune when they have gained will sometimes desist their undertakings and leave off the service VI That the English were unaccustomed to War and by reason of their easie and soft way of breeding not fitted to the discipline and managing thereof neither able to endure the hardship and duties of a VVar howbeit experience hath otherwise proved it VII That the English gallantry and their courage unacquainted with the conditions of a warfare and the temper requisite to a Souldier might make them upon every discontent as apt to Mutiny and Resist as fight VIII The Parliament could not but be sensible withal of their fellow subjects that the apprehension of Engaging would carry with it a sad aspect all men unwilling to and wary how they did Engage that if they did Engage the Engaging parties on either side when they see the face of a VVar inevitably approaching would and must for their better strength and union betake themselves to what Policy Pacts and Leagues they could Defensive and Offensive as to bind themselves and friends by Vow and Covenant which being to consist of severall Heads and Parts to be without much study or delay framed for fear of their Enemies gaining time on them could not be so exactly and entirely devised but might admit of a doubtfull sense how to be understood in part or in the whole so consequently divide the Covenanters within themselves IX That when they should have gained a power they must to maintain the same Engage and Enforce all men to acknowledge and conform unto their Power thence hazarding the repute and censure of becomming Usurpers over their fellow-subjects of exercising an Arbitrary and Tyrannicall power over the Peoples estates and consciences X. They could not but withall know that which side soever should prevail both sides would be losers the King and Kingdome vast sufferers in the losse as they in an humble and dutifull x Message although contrariwise interpreted did in the sadnesse of their hearts foretel the King XI That in this War the prevailing Power would be to seeke to carry an even well tempered hand how to deal with the vanquished their own Countreymen and mistaken fellow-subjects for 't was a Misunderstanding which first made the rent between them scorn to acknowledge and retract their Errour widened and continued it amongst which doubtings if they did inflict too heavy a punishment either pecuniary by Mulct or corporall by Imprisonment 't would seem unjust and harsh from the Conquerour being of their own Nation and keep off the hopes of reconcilement and re-union if too gentle and remisse 't would leave and allow the Conquered a power and means of recovering their power again XII That if the Parliament should in any degree prevaile there would want no Policy or Stratagems to disturb and interrupt their further prevailing all Falshoods Impostures Counterseitings Semblances of friendship of busines Commerce to be practised against them and their successe as by Forrein Tenders from abroad Private Addresses here at home all from the same dis-affected and troubled Fountain moved and stirred by the Enemy on purpose to divert their thoughts and counsels to retard and hinder their progresse and successe XIII That above all in the doubtful events of War as it was likely to fall out betwixt Persons offending on the part hating to be reformed and a Court of Parliament on the other chosen and set apart to redresse Grievances in a Commonwealth Offendors would apply themselves for refuge to the King a supreme Power whom if he did protect y making thereby the Offendors faults his own would without dispute revert to his dishonor and consequently begâ—t a Jealousie and Difference betwixt him and his People and if the Parliment should take ill his protecting them there would issue a Contest kindling and preparatory to a War thence if the King engaged and the Parliament resisted or fought they could not hope if they were subdued to avoyd the Charge of High-Treason nor think it an easie thing in the first beginning of their strength to prove Conquerours over a King seated a long time in an ancient Monarchy invested with many advantages of power and guarded with Courtiers Friends of all sorts Servants and Favourites all of which had their retinue also and traine of Freinds to assist in case of needing such Besides the King if resisted and opposed and thence a War fall out betwixt him and his subjects They could not hope soon or suddenly to overcome him but the War must be of some continuance the seat thereof in the bowels and best parts of the Kingdome nor to be onely an intestine War at home but forreign Forces to be expected from abroad for that the King to maintain his cause would endeavour to engage other Kings in his Quarrell to take part with him upon this suggestion That their Subjects by the example of his may doe the like how treasonable and dangerous a President it is for Subiects to rise in Armes against their King when as unto them who have known the state and government of other Kingdoms the case between other Kings and their Subjects is far different from This both in the manner and frequency of his Offendings as the Charges and Remonstrances of both Houses of Parliament published to the world have declared touching his actions and demeanour during or neer the time of his whole reign as also in the condition and quality of the Government of this Kingdom different by many Notes of distinction limited from all other throughout EUROPE all States and Kingdomes having their peculiar Laws Constitutions Forms of Government Degrees of Subjection in the Governed This having been no absolute but a limited and mixt Monarchy where the King was as a great z Lawyer takes his Dimension Singulis maior universis minor c. Wherefore if amongst other Nations our neighbouring a Kingdome by reason of the Commotions and Civil broyls in it shall as some of them do object That the Subiects of this having taken up Arms against the Kings Parties attempts and force have infected the Subiects of that Kingdome with the like disposition and designe of disobedience and rebellion 'T is answered the Government of That differs in their Laws Manners Constitutions and Policies as much from This as two Christian Kingdoms may in theirs and as to the matter of Freedom the old received saying mentions the different wayes of Government betwixt Us and Them betwixt the King of that Realm commanding on his part whatsoever he pleaseth and the Subjects obeying on theirs in that it is commonly said howbeit with too acute and bold a censure that their King is Asinorum Rex the King of England
of a civill Warre many dissentions and emulations upon true or misapprehended grounds would fall out amongst the orders and ranks of men to disturb and overthrow the degrees and dependencies each on other according to their severall and respective Qualities all begetting and Fomenting an universall distraction throughout the Kingdom not easily to be allayed in the heat and preparations to a Warre untill a deliberate and true examining the misunderstandings which the fury of a War begun would scarce endure should set it aright XXI that if new and sub-divisions should fall out amongst themselves in matters of judgement or opinion and thence contentions grow the prevailing party would be to seek how to deale with those who formerly had been their friends and heretofore assisted them in their greatest wants but since by reason of new dissentions have discontinued their affections acting and labouring against their proceedings whether in point of Gratitude they should forbear to punish them as their adversaries or in point of Safeâ—y take such a course as may best defend and secure them and themselves also from the common enemy XXII That a VVarre the longer it continues the more cruel and desperate it would grow for that when as one party hath prevailed and afterwards the victory comes againe to be disputed the successe grow doubtfull the prevailing power must and with good reason would punish their adversaries with a severer hand the adversaries out of foresight thereof would be the more sedulous to prevent the more active to provide against such severity so the contention between them would become the more extream XXIII That in the summe of all a VVarre although of a short continuance would produce more mischiefs more Sects and Schisms more disorder and disturbances in a commonwealth than a Peace restored againe although of many years growth would recover to its former temper So many anxieties so much evill incident to a civill war could not but keep wise men from harbouring the least thoughts of Leavying one yea to say more on the Parliaments behalfe and Their desires of peace after the war was waged and to prevent the effusion of more blood Their offering and accepting Treaties have manifested the same that when in Theiâ— Battails fought They were at the highest Tyde of successe They did not refuse to Treat nor when at the lowest Ebbe forbeare to Fight These prudentiall Reasons incident to and consequent on a Warre and to wise men obvious to have been foreseen could not but induce Them to decline a Warre yea deter Them from levying one These might withall together with many more which might be added hereunto and put into the Ballance with the Objections offered by the Kings Party to prove the Parliaments designe of overthrowing Monarchy which they could not doe but by a Warre will outweigh the objections and imprint in all men who shall impartially look into the beginnings and progress of this War an undoubted knowledge of the Parliaments just actings and these Reasons of foresight together with what hath past might satisfie all knowing and discerning men that if the Parliament did intend to levy a War against the Kings evill Councellours the Kingdomes e Pests and Vipers rather then They should be borne down in Their just defence They did not intend to levy one against the King who had as many friends to adhere unto as the Parliament had enemies of many sorts Offendors Interested and Obnoxious Persons to confront and oppose Them in their proceedings The Reasons being now set forth which might give assured satisfaction to the Reader of the Parliaments aversenesse from a War of their desires for Peace it is to be equally considered what may be brought in by way of opposition against the applying them rather to the Parliaments Interest than to the Kings If it be retorted as an Objection against the Parliament and Their Friends that the Kings Party being discerning and prudent men might have made use of the self same Reasons for their declining a Warre also being of the like prudence and foresight 'T is answered they being invested with a ful and ample power of the King and his adherents it might breed in them a greater confidence of prevailing and so were not to be conceived to apprehend so many doubts and fears in their undertaking a War as the Court of Parliament did The chief matter of Objection which their enemies give out whether published in Print or discoursed onely is that three or four Gentlemen of quality of popular note as they render them before the beginning of this Warre chosen Members of the House of Commons together with a Baron of the Realme a Peer of the House of Lords dwelling in neighbouring Counties each to other and sojourning before the beginning of these troubles with a f Gentleman a Neighbour and Friend of theirs did there conspire or contrive the overthrow of Monarchy to alter the frame of Government with intent to act against the Power and Person of the King If neither of these contrivances or intents appeared by any Discourse Letters or other Acts of theirs the Objectors shew more spleen against those Gentlemen then reason in drawing a prejudicial conclusion against the Parliament from their owne feigned or mis-conceived premises Many the like objection may be devised and whispered on purpose to traduce the Cause and Persons now opposed but unless the Truth were proved and the Inference better framed the Objections are of little use Did not the Parliament suffer more through Divisions within Themselves then by such Arguments and Inferences used by Their adversaries such like Calumnies could not hurt Them for that They have now got the upper hand They seem notwithstanding to divide anew with apparance and approach of danger to both the divided Parties the one leaning on a Covenant which party supposeth it to enjoyn and hold a Presbyterian Form of Government the other contending for a kinde of Independency as 't is called yet it is to be presumed that neither the Independent which seems a privative nor the Presbyterian a positive Forme can as yet during these Distractions be firmly and throughly established such Contentions may unhappily beget a Quarrel to the overthrow of both upon their Conquering which will be held rather an event of the Conquerours good successe than from any self-wilfull humour many on either side being sober and discerning Gentlemen which division if it should continue what may be guessed to be the event thereof that for the sake of a few dissenting in opinion we should fall out within our selves or that a Neighbouring Nation of late our friends and fellow-sufferers g whose aid and union might have been of mutuall security and use to Us both should fall out with Us or We with Them and so imbroil two Kingdoms at the least in an irreconcileable War about differences in opinion about termes meerly notionall about opinions strange and unknown to them In the first War they knew for
Directory and Negative Oath are learnedly penned if as appositely applyed To the two first let the Scots maintain what they were the first contrivers of themselves yet thus much may be said on their and our part joyntly that the signification of the termes Tyrant and King being opposite although in m Homers time the word Tyrant was taken in the better part the one the desolation the other the n foundation of a people both Nations declaring and accusing the King of Tyranny neither of them could think that the frequent Petitions in the Common Prayer book for and in the King's behalfe were to be used by his people himself being in open arms against them The Common Prayer book was confirmed by a Statute Law in a Princes time who at the beginning of her Reigne having redeemed the protestant Religion out of the bondage of Popery and superstition did by her piety and prowesse keep her people in peace and plenty and therefore might deserve their prayers when and as often as the Liturgy prescribes The Ordinance for laying aside the Service book for enjoying the Directory is an act of their present Iudgment who have done it as the arguing against the Directory from Oxford is an act of theirs which they so represent as if their after-Iudgement and second thoughts might admit what for the present they have reasoned against who with a cautious modesty have argued and styled it their present Iudgment If positive Lawes be subject to alteration and repeale Ordinances which bind only for the present may likewise be so then a set form of prayer may be resumed and used according to the Orthodox and true Church discipline admitting also the most principall and necessary parts of divine service prescribed in the Liturgy So the Negative Oath That none shall assist the King against the Parliament and his People c. where a thing is commanded or forbidden by any Powers the withstanding and doing contrary to the command of such Powers is a transgression punishable at their pleasure and discretion whether it be by Fining Imprisoning according to the degree of the offence wherefore the urging Cap. 11. Hen. 7. seems not applyable to the condition of this present Quarrell for admit that neither of the three viz. The Covenant the Directory the Negative Oath be in the judgement of the Convocation at Oxford and of many others free from being excepted against as that neither the Covenant nor Negative Oath are to be imposed upon the Subjects yet the distinction being made between the times of Peace and these of Warre takes off from the value of the exceptions where two Parties are extremely opposite each Party striving to make good their Interest if the one may impose what Oathes they please as the Kings party did at Oxford to enjoyn all within their power whether satisfied in their Consciences of the truth therof or no to swear that he was a Just Pious and Protestant Prince the present Powers may enjoyne what they think fit in their prudence and knowledge of him to abrogate this latter Oath and to forbid the assisting him In the Convocation House at Oxford their examining the Ordinance for enjoyning all the Three particulars forementioned they should as wel have examined the Reasons of the Ordaining them they should have premised and stated the occasion the beginning of the Warre how it came to be waged by whose means on which side the Offensive on which the Defensive was For to measure the thing enjoyned by the particular events by the subsequent and emergent actings as what hath since fallen out what hath been done what required to be done is no good or adequate rule had the matter occasioned been more suitable to the occasion their exceptions against those Ordinances had more availed their Cause The urging the transgression of a known Law viz. the 11 of Hen 7. 18. That none that shall attend upon the King do him true service shall be attainted or forfeit any thing fitteth not this present case neither do they who urge the same rightly examine the occasion and ground of enacting it the Parliaments imprisoning fining their Enemies is no transgression of that Law if rightly and formally understood and wherefore t was made The reason of enacting that Law is to be weighed It was not with the late King as with Henry the seventh the late King had no forraigne or domestique VVarres none stood in Rivalship with him for his Crowne he came in Peace and by a lineall succession to it when that Law was made in the eleventh of Henry the seventh his Raigne and after his conquest made many the like Lawes were made in severall Parliaments from his first comming to the Crown in relation to the security and attendance upon his person meeting with a Rebellion in the Kingdom of Ireland mutinous and male-contented Subjects in the Kingdom here ready to bid battell to him the Parliament called when that Law was made therefore styled by a learned o Writer a Parliament of Warre being indeed in substance a Declaration only of a War against two potent Kings Charls the eighth of France Iames the fourth of Scotland two Neighbouring Enemies of Henry the seventh and then enacted with some Statutes conducing thereunto as the severe punishing mortpayes and keeping back Souldiers wages by their Captaines the like severity for the departure of Souldiers without Licence strengthning of the Common-Law in favour of protections for those that were in the Kings service and setting the gate open and wide for men to sell and morgage their Lands without Fines for alienation to furnish themselves with money for the War and lastly the voyding all Scottish men out of England So the reader may observe wherefore that Statute so much urged against this present Parliament and on the Kings behalfe was enacted which also the aforesaid Writer judgeth to be more just then legall more magnanimous than prudent his reason was That it was both agreeable to reason of State that the Subiects then should not enquire of the Iustice of the Kings Title or Quarrell as also to good Conscience that whatsoever the fruits of War were the Subiects should not suffer for their obedience besides it did the better take away the occasion for the people to busie themselves to pry into the Kings Tytle or Quarrell for that however it fell their safety was already provided for withall it could not but greatly draw unto him the love and hearts of his people because he seemed more carefull for them then for himself the Writer excellently disputes the quality of that Statute setting forth the reason for the inconvenience against the making it observing also that it did take off from his party that great tye and spurre of necessity to go Victours out of the field coâ—sidering their lives and fortunes were put in safety and protected whether they stood to it or ranne away concluding the force and obligation of the Law
which Party doth declare and argue more prudentially the Reasons of their severall undertakings in this Quarrell as which Party the Kings or the Parliaments have writ more sufficiently and substantially concerning the subject of their Proceedings in this Warre whose Writings and Declarations have been more true whose most seditious and false which Party hath in their severall Books been most seriously and truly charged and accused of offending which more genuinely and sincerely have argued let the Reader judge So because there may not want Fuell for Contention 't is debated concerning the actions of Violence and Terrour to the People on either part the Kings and the Parliaments which did act with more Cruelty by putting all sorts of People to the Sword spoyling consuming with sire laying wast Houses Villages Towns 'T is known that a a County not farre distant scituate in the chiefest part of the Land gives testimony of consuming by b fire against the one in a sad Record As to the Writings on either side where the one hath propounded and objected what the other hath answered for instance sake take three or four here following for the rest First the Letter to the Governour and Councell of War at Bristol that City being then a Garrison for the Parliament from the Lord Lieutenant-Generall of the Kings Forces c requiring the Governour and Councell there to forbear the putting to death the two Citizens threatning withall to retaliate the like judgment and execution upon some Gentlemen of the Parliaments Party kept Prisoners by the Kings with the resolution and Answer of the Governour and Councell to such Message The quality of which Answer is forejudged already and replyed unto in d Print to be an insolent Pamphlet with other words of scorne which Letter and Answer being here set down the Reader may discerne the difference between the weight of either PATRICK Earl of FORTH Lord ETTERICK and Lord Lieutenant-Generall of all his Majesties Forces I Having been informed that lately at a Councell of War you have condemned to death Robert Yeomans late Sheriffe of Bristol who hath his Majesties Commission for raising a Regiment for his service William Yeomans his Brother George Bourchier and Edward Dacres all for expresing their Loyalty to his Majesty and endeavouring his service according to their Allegiance and that you intend to proceed speedily against others in the like manner do therefore signifie to you that I intend speedily to put Master George Master Stephens Captaine Huntley and others taken in Rebelion against his Majesty at Cyrencester into the same condition I do further advise you that if you offer by that unjust judgment to execute any of them you have so condemned that those here in Custody Master George Master Stephens and Captaine Huntley must expect no Favour or Mercy Given under mine hand at Oxford this 16th of May 1643. FORTH To the Commander in chief of the Councell of Warre at Bristoll The Answer of this Letter was as followeth NATHANIEL FIENNES Governour and the Councell of Warre in the City of BRISTOL HAving received a writing from your Lordship wherein it is declared that upon information of our late proceedings against Robert Yeomans William Yeomans and others you intend to put Master George Master Stephens Captaine Huntley and others into the same condition we are well assured that neither your Lordship or any other mortall man can put them into the same condition for whâ—ther they live or dye they will alwayes be accounted true and honest men faithfull to their King and Country and such as in a faire and open way have alwayes prosecuted that cause which in their judgment guided by the judgement of the highest Court they held the justest whereas the Conspirators of this City must both in life and death carry perpetually with them the Brand of Treachery and Conspiracy and if Robert Yeomans had made use of his commission in an open way he should be put in no worse condition then others in the like kind had been but the law of Nature amongst all men and the Law of arms among Souldiers make a difference between open Enemies and secret Spyes and Conspirators And if you shall not make the like distinction we do signifie unto you that we will not only proceed to the execution of the persons already condemned but also of divers others of the Conspirators unto whom we had some thoughts of extending mercy And doe further advise you that if by any inhumane and un-souldier-like sentence you shall proceed to the execution of the persons by you named or any other of our freinds in your custody that have been taken in a faire and open way of Warre then Sir Walter Pye Sir William Crofts and Colonell Connesby with divers others taken in open Rebelion and actuall Warre against the King and Kingdom whom we have here in custody must expect no Favour or Mercy And by Gods blessing upon our most just Cause we have powers enough for our friends security without taking in any that have gotten out of our reach and power and although divers of yours of no mean quality and condition have been released by us Given under our hand the 18th of May 1643. Nathaniel Fiennes President Clement Walker c. To Patrick Earl of Forth Lord Lieutenant-Generall Secondly e That from the Marquesse of Argyle and Sir William Armine Commissioners from both Kingdomes of England and Scotland fully and in few words delivering their Intentions and Reasons for the Summons sent to the Governour of Carlislâ—a Garrison for the King with his Answer to them full of words pregnancy of wit and iealousie reiecting their Summons and some of his Party derogating elsewhere from the worth of f one of the Commissioners A g third of no great length the Reader hath it in the very words sent from both Houses of Parliament to the King with his Parties descant and scornfull Comment on the same The Message sent from both Houses of Parliament to the King VVE the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster which by the contents of a Letter from the Earle of Forth unto the Lord Generall the Earl of Essex we conceive was intended to our selves Have resolved with the concurrent advice aâ—d consent of the Commissioners of the Kingdom of Scotland to represent to your Majesty in all humility and pâ—aiâ—nessâ— as followeth That as we have used all means for a just and safe Peace so will we never be wanting to dâ—e our utmost for the procuring thereof But when we consider the expressions in that Letter of your Majesties we have more sad and despairing thoughts of attaining the same then ever because thereby those persons now assembled at Oxâ—ord who contrary to their duty have deserâ—ed your Parliament are put
either side then these foure above-mentioned The Convocation house at Oxford urging a violation of that Statute 11 Hen. 7 before recited and in page 31 of their Book viz. that None that shall attend upon the King and do him true Service shall be attainted c. therefore requiring the people by vertue of that Statute to assist the King contrary to the Negative Oath imposed by the Parliament in these words That I will noâ— directly nor indirectly adhere unto or willingly assist the King in this Cause or Warre against the Parliament nor any Forces raised without the consent of the two Houses of Parliament The words assisting him are made use of only without the termination or qualification how or on what termes neither the People nor the Parliament the Representative of the People in Henry the seventh his time would have made or consented to a Law made noxious to themselves If Henry the seventh had severall wayes oppressed his people and afterwards taken up arms to maintaine his oppression the Parliament would questionles have forborn the enacting such a Law the Title whereof especially relating to the doing the King true service wherefore unlesse true and lawfull be contradictory terms which no man will suppose that Statute was not so fitly applyed in opposition to the Negative Oath Neither doth the Objectour takeing out only the word assisting and confining it to such a contracted sense as may serve his turne satisfie the impartiall Reader weighing and examining the tenour of the Statute and wherefore it was enjoyned But to the Reasons of the Presbyterians and their parties deserting their first judgment if so they have it may be rather judged to be a fencing and tryall of wits in an argumentative way of discoursing only then any setled revolting from their first opinion They are well read in the good mans Character who will not be afraid for any evill tydings his heart standeth fast and will not shrink untill c. which suiteth well with the beginning of their Covenant That they will sincerely really and constantly in their severall places c. Sincerely and Really that is with all truth and faithfulnesse Constantly which is without defection or falling off on triviall dissentings in judgment and opinion The Arguments they have lately taken up against the residing part of the Parliament and the Army the maintainer of their power and next under God the preserver of our Peace are none of the more eminent sort of the Presbyterian Parties nor like to theirs rather from a more willfull and weaker sort The House of Parliament being grown thin by their first dividing is by the Presbyterians deserting it become more thinne the more weake it is through their defections the more need it hath of being supported by their returne As for the Force which they and their sub-divided Party urge to be offered to them by the Army their Servants an high affront and breach of Parliament Privileges both parties Presbyterian and Independent seeme to be forced alike though not in an equall degree of strength and number yet in a strict and closer tye of Policy and Prudence by and through an extream and inevitable necessity for the preservation of themselves and their fellow Subjects neither they nor any of their party can devise or act a means how to sâ—ttle such a course as may prevent a totall confusion or the overthrow of those who have already prevailed by the Sword Nor to Still the common Enemy and Avenger but if he being hard driven should by Treaty or other unsafe way of setling a peace have prevailed he had been left at liberty to do his pleasure in Treaties or like wayes of Parleance what security could he have given or would he have kept commensurate to the safety and welfare of many thousands engaged in this quarrell to the avoidance of those dangers and jealousies administred by him The example of Henry the third of England is memorable for his complyance and giving way unto a Treaty his signing Articles to perform the Treaty but when he had by that recovered his power againe kept none of them But to the Presbyterians Arguments and their paralleling the Kings offering a force to six members of the Houses of Parliament to the force offered unto the eâ—ected and repulsed Members by the Army the King might by an usurped authority break in and do whatsoever he pleased to grieve and vex whosoever should not submit to his will to exercise a regall power above the Lawes from assuming unto himselfe by a strong selfe conceipt an unlimited Soveraignty transcendency of Might in nothing to be resisted to awe and force this present Parliament and all future Parliaments in case he had any purpose to summon any more to his beck as t is probable Not long after by the like menacing and imperious Act of Proclaming those Gentlemen i Traytors who either obeyed not or refused to conforme to his present will There was no necessity but his sole will to force all those who complyed not with him to save and rescue his creatures from the hand of justice and whether there be not now a stronger necessity then before the great and universall engagement of many good and deserving men let all men judge In that the Presbyterians take it ill that their servants so the Army stile themselves should force their Masters they are not simply and precisely servants immediate many of them their equals as being Members of the same Parliament and Commanders and Officers in the Army the private Souldiers commanded and led by them or the Army relatively unto Them as Iurors in a tryall of Right at Westminster before a number of Iudges for so the Parliament are although the resemblance holds not adequately as to an Army and to a Iury Let a Mayor part of the Iudges incline or direct which way they please yet an upright Iury will find according to the evidence in being The evidence in this case is the certainty of knowing and recollecting things past the foresight of things to come which induceth them to bring in such verdict as may render all things iust and safe for when it shall happen to be debated which ought to be prefered The Privilege of Parliament or the safety of a Kingdom every one can judg which ought to sway the Ballance Againe admit 〈◊〉 Army to be their Servants yet properly they are servants unto those from whom they receive their pay that is from the Kingdom and the Representative thereof neither from the Presbyterian nor Independent party In a mixt and joynt Government where more then one commandeth and a mutuall consent had betwixt the Governours that the People to be commanded shall obey the discreeter party they mutually consent that the people shall be directed by the wiser of the two there it is left to the Election and discretion of the people which of them to pay obedience unto It skills not in a governing and politick
body consisting of many Ruling and all consenting in the maine which is the Major part or which is to be obeyed unlesse that Major part will do the work themselves without the help of those whom they do employ that part rather it should seem most fit to be obeyed which acts and endeavours without respect had to the Majority in the more prudent watchfull and safe way so t is no disobedience or affront offered by their Army where obedience may be dangerous to the obeyers to the Parliament Party of what kind soever and Their adherents The Quarrell is not between a power of a momentary and slight concernment on the one side and a vanishing and light obedience on the other but a long and throughly controverted contention between two Powers upon the issue whereof the safety and welfare of the two Kingdoms doth rest and besides that on which the Correspondencies Observations and Commerce between Them and most Forreigners throughout the Christian World looking on the passages of our Affairs and giving Judgment thereupon depends It may seem as the design is driven on a Contention tripartite handsomely devised and with a great dexterity of wit carried on by the common Enemy in that some of the Kings Party prefer the Presbyterian before the Independent some the Independent before the Presbyterian k haâ—ing both yet they give good words unto and comply with the more discontented and weaker party untill by their cunning Artifice they overcome them also so in this Leger de main and sleight of wit blow the coals of Dissention betwixt them both those of the Presbyterian can look for no other then Polyphemus his courtesie to be of those last to be devoured The Presbyterian out of zeal for the maintenance of his Cause not foreseeing what danger might befall by his Dividing fondly conceives that either the War is ended therefore he may now safely Divide from those with whom he heretofore hath joyned or that his Cause for the Covenant sake is so good that to maintaine his Tenent he sticks not at the endangering himself and his Friends nor that the Enemy having his Friends and instruments up and down in all Corners of the Realm will and can keep those two partyes now in difference at that distance that they shall not be able to joyn their Forces again to conquer him where it is not meant to involve all Presbyterians in the same Tenents or Intents Counsells and Affections for 't is to be believed there are a considerable party amongst them who rightly apprehend the true state of the Controversie between Us and the Scots and cannot but foresee that a compliance with the Scots as matters now stand would prove pernicious to the English Nation as well to themselves as to the Independents so termed for notwithstanding any pretended difference betweene them they cannot well avoid the danger of joyntly suffering if by their Dividing the publique and common safety be deserted Besides as to the major and minor part of Members sitting in the House or secluded or voluntarily absenting themselves from the House so that the greater number are absent as the Presbyterian reckoneth he must take heed of that Objection least he open an old wound long since salved up through Gods blessing on their successe and that Objection be made use of against them all of both Houses and against that Authority whereby they have at any time acted since the Contention first began betwixt the Kings Party's claim to their Parliament at Oxford and the Parliament Party's claim to theirs at Westminster For if the Kings Party did rightly calculate their Numbers which were in both Houses of Lords and Commons l 258. either personally sitting or absent upon imployment for the King that number exceeded that of those sitting at Westminster so that the Argument for the maior part of the number of Members Presbyterially affected and that way Covenanted against which viz. the Covenant the King friends have learnedly as yet unansweredly m argued is no safe or prudent Argument at this time to be used however the Covenant and the Reasons for keeping it are abetted and seconded in an elaborately written Letter by the London Ministers least they helpe their first and common Enemy to rowse an Objection which hath a long time slept for the maintaining their Parliament at Oxford For by the way had those Ministers employed their pains in answering that Book first which indeed was worthy of and required an Answer to have cleared the Question their Letter might have been better credited and more universally received which Book had it come sooner to the publique view and before the universall entring into the Covenant many had been drawn for the reasons therein expressed from taking the Covenant The Ministers in that their Letter much insist on the Protestation taken May 1641. wherein the Protesting is for the maintenance of the Kings Honour Person and Estate yet the End at which all matters of weight doe aime is the Preservation of Religion Lawes and Liberties The maintenance of the Kings Honour c. is but a piece of the Protestation the sum full sense and scope thereof the Preservation of Religion and Lawes The Principles which were first engaged upon and protested for if rightly cast up but two in Chief the securing the Protestant Religion the Primum quaerite the preservation of the Laws and Peace the * chiefest Law the Peoples safety the other Principles are subservient onely and fall in by way of complication and dependency upon those two as the Means unto the End The well weighing the Protestation might have confined and setled the unresolved and doubtfull thoughts of man in what the End and Aime of the Protestation was a Promise to fullfill as much as in us lies the Commandements of the first and second Table of the Law directing our duty towards God and Man the severall parts in the Protestation tending in the sum to the maintenance of Gods Honour the Kings the Subiects Right and Liberty no one part thereof if rightly applyed and understood crossing another and therefore how comes it to passe that the Protestation being one and the same the course of mens affections should be thus divided into Factions and Part-takings or that some should be of opinion That To maintaine the Kings Honour Person and Estate is to adhere unto him in this present Warre in what he shall command even because they doe not equally weigh each part of the Protestation viz. The defence of the Protestant Religion the Power and Privileges of Parliament the Subiects Right and Liberty for by the Protester's observing all the King is best observed and truliest his Honour and Promises being engaged to maintaine the latter three when as every one who took the Protestation did in his thoughts endeavour and intend according to his power to make him a Soveraign Lord of a free and flourishing People the Kings Protestations concurring with and tending to
that end so the Protestation taken all together is best observed and kept To the Protestation for the Defence of the Protestant Religion every one who takes it is not immediately and specially bound by vertue of his Vow to n extirpate and remove all Papists or to offer violence to their persons that is above the Power and Liberty of every common Person neither is wishing well alone and sitting still a sufficient discharge of the Protesters duty of vowing to endeavour Endeavouring is a progressive motion and the Protesters neglecting and supine failing to endeavour can be no better reckoned of in these divided and subtile times then the * Historian did of those Souldiers who dreamed of their enemies Votis Sedenâ—o debellari posse or what the * Prophet doth of the Aegyptians that their strength was sitâ—ing still A perfunctory and neutrall slackness in the Protester satisfies not the precept which God himself enjoynes When thou vowest a vow unto the Lord thou shalt not bee slack to pay it and wherein many have not only deserted this their vow but endeavoured against the same others contemplatively onely and remisse as not endeavouring at all but with close and cautiouâ— Reservations keep off their Endeavourings thence become wiser in their owne eyes then their fellow Subjects their abstruse and close demeanour being like Caius Cotta his observed by the * Oratour who to carry on his Ambition and private Interests did outwardly comply with all sides concealing and reserving the affections of his heart to his best advantage The passive and faint observing of the Vow and Protestation in some the Acting contrary to it in others is a sinne which GOD is justly angry for the neglect of which vow as wee may justly feare to use the very words of the o Divines open one Flood Gate the more to let in all these calamities upon the Kingdom Wherefore if he who hath taken this protestation and shall solemnly observe the same shall foresee or hath cause of suspition to believe that the Protestant Religion is or was when he took the same in danger of declining and that the Papist was then p connived at and countenanced by higher powers for the Question is not about the certaine and actuall bringing in of Popery but touching the pregancy of suspition if the Protestor adhereth to that party which promiseth to defend the Protestant and opposeth that which countenanceth the Popish his Protestation is then truliest kept a promise or vow the more pursued the more fulfilled in like manner to the other part of the same Protestation viz. The maintenance of the Kings honour every one who takes the same is not thereby bound to comply assent unto and obey the King in whatsoever he may command whether unlawfull or unjust or to think all his attempts and actions Iustifiable throughout This were indeed in the highest degree and seemingly to honour him but in a more serious and as truly a loyall way of his being honoured by his Subjects is when they or those who are put in Place and Auhority over them shall enquire into and provide against all things incident to his Dishonour when they shall endeavour to suppresse all Astronts which may be offered to his Dignity This though a more remote and lesse flattering yet a more stableand certain discharge of duty in honoring him To the COVENANT the q Preamble prefixed thereto points at the sense thereof in these words VVHereas a Covenant for reformation and preservation of Religion the maintenance and defence of Lawes and Liberties hath been thought a fit and excellent means to acquire the favour of Almighty God towards the three Kingdoms of England Scotland and Ireland and likewise to unite and by uniting to strengthen and fortifie them against the common Enemy of the true reformed Religion peace and prosperity of these Kingdoms And in the Covenant it selfe wherein the Noblemen Barons Knights Burgesses Ministers of the Gospell and Commons of all sorts in the Kingdoms of England Scotland and Ireland do swear That they shall sincerely really and constantly through the grace of God endeavour in their severall Places and Callings the preservation of the Reformed Religion Secondly That they shall in like manner without respect of persons endeavour the extirpation of Popery Prelacy c. Thirdly That they shall with the same reality and constancy in their severall vocations endeavour with their Estates and Lives mutually to preserve the Rights and Privileges of the Parliament and the Liberties of the Kingdoms and to preserve and defend the Kings Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdomes Fourthly That they shall with all faithfullnesse endeavour the discovery of all such as have been or shal be Incendiaries Malignants or Evill instruments by hindering the reformation of Religion dividing the King from his People or one of the Kingdoms from another and them to bring to publick tryall Fifthly That Iustice may be done upon the willfull opposers of the firme Peace and Union betwixt the Kingdoms Sixthly That they shall in this common Cause of Religion Liberty and Peace of the Kingdoms assist and defend all those that take the Covenant and shall not suffer themselves directly or indirectly by whatsoever combination perswasion or terrour to be divided or with-drawn from this Union or Conjunction The Objection which some men make that the late Engagement doth crosse the Covenant at least one Article thereof of defending the Kings Person and Authority It seems not so if we go further to what his Person and Authority is to be defended and observe the whole Article the current of the Covenant being for the preservation of Religion the Liberties the Peace and Union betwixt the three Kingdoms against Papists Prelates Disturbers and Opposers of such Peace r In divers cases it canot be denyed but the obligation of an Oath or Covenant doth cease As when we swear Homage and Fealty to our Lord and Superiour who afterward ceaseth to be our Lord and Superiour then the formal cause of the Oath is taken away and therefore the Obligation Sublato relato tollitur Correlatum Admit that the three Kingdoms had been in imminent danger of Invasion from a Forrein Enemy and the Subjects should for the defence thereof enter into a Solemn League in these words Whereas a League and Covenant for strengthning the three Kingdomes is thought a safe and necessary means conducing thereunto That they will resist prevent and bring to publique Tryall all wilfull Opposers of the safety of the said Kingdomes with sowe other subordinate clauses and branches in the Covenant as namely That they will maintain the Chief Governour of them in his just Power c. let it be the King himself or some other supreme Power equal to the King although the King were to be valued as King David's People did value him at the price of ten thousand of
themselves yet if there be a greater price at stake and the chief Governour be false to his Trust in Government that thereby the safety of many hundred thousands be in jeapordy that his design be probably such as to make his way through the shedding the bloud of many thousands for compassing it and rather than fail engage the Kingdoms each against the other to the destruction of all three It cannot be thought a breach of the Covenant in the Covenanters to remove the Governour when as the more principall matters to be secured are in danger to be destroyed The Resemblance may be fitted in a case of a narrower orbe if souldiers in a Town of Garrison for the better security of the Town shall enter into a League and Covenant to preserve the Magazine thereof to keep withoâ—t making away or suffering to be made away the Arms and Ammunition belonging to the Garrison to defend the Governour thereof if notwithstanding this their Oath and League they shall suspect Revolting in the Governour a Failer of his Trust whereby to turne the Arms and Ammunition against the Garrison and the Inhabitants to the detriment and destruction of the Town so that upon good causes of suspition of their Governours breach of Trust they remove the Magazine and Arms they withstand and resist the Governour it is no violation of their Oath for what they swore was in order and relation to the most considerable part of what they were to maintain viz. The defence of the Town and Garrison without staying untill they had too late made a perfect and full discovery of the Governours Revolt and Falshood If the King hath given cause of suspition of maintaining Å¿ Popery Prelacy or of disturbing the Peace of any of these his Kingdomes it is no breach of the whole Covenant to provide against the endangering of what they have Covenanted more principally to secure The Question is not of the King his enjoyning his immediate and actuall bringing in of Popery for then his own Protestant Party would have failed him in the maintenance of his Cause and Quarrell nor of his upholding and adhering unto Prelacy which the t Scots have so much withstood and laboured to extirpate but if he had not by his Power Favour or other personall relation working strongly on his affections given Cause of just suspition of maintaining the one viz. Popery of his taking part and favouring the other Prelacy if he had shewne any dislike he had of Prelacy any condiscending or propension to the abolishing it according to the u Covenant which he hath beene often implored to take inhibiting it If he had not had a great influence on the Archbishops and Bishops and if the Author of that Book be to be credited they Protection and Incouragement from him One of them avowing these Contentions and the Warre to be Bellum Episcopale as hath been given out That the Warre was intended and waged against Bishops and the Hierarchicall Government and had they not had tuition support from his exercising a more powerfull Authority then their ordinary and meaner friends could have supplyed them with there had not so much bloud been spilt in this Quarrell So the substance and drift of the Covenant one part of the Article being to defend the Kings Person and Authority is not crossed by taking the Engagement of late enjoyned if duely weighed Admit that the Letter of the Preamble to the Covenant did in the Covenantâ—rs sense comprehend the Kings Heirs and Successors yet still the maine and principall parts of the Covenant are to be observed in order to the preservation of the Protestant Religion the Subjects Liberty the Peace Union and Safety of the three Kingdoms So that if his Heirs and Successors shall be discovered and known to tread in their Predecessour's steps he having given cause of suspition of his endeavouring to overthrow them all the Covenanters could not both maintain the Honour of his Heirs and Successours and yet in the common Cause of Religion Liberty and Peace of the Kingdoms withstand as they w protested they would all opposition to bee made against the same and what they could not of themselves suppresse they would doe their best to prevent and remove The Scots our Covenant-Brethren cannot but confess that the words Preventing and Opposing in the Covenanter with his large expression of bending his whole force and power carry an universall and greater latitude then to take away the present power of the Fathers Person or that the Covenant should continue only for his life time seven years and the term of life being by common repute in men's commerce equivalent each with other the Covenant neere half so many years in framing no doubt was made and entred into to remain for longer then for so soon an expiring term as a mans life to provide against his future and successive power To take the paines of removing Danger out of the Fathers reach and leave it in the Sonne or any of his Successours being of the Fathers temper and laying His Cause to heart could not be thought a Task worthy of so solemn a LEAGUE and COVENANT or the Industry which both Kingdomes have taken to settle their Peace and Liberties As to that part of the Covenant that they had then no intention to diminish the Kings just power and greatnesse they might intend no lesse untill they saw they could not overcome him by humble applications and dutifull addresses by their Reasons Declarations and Messages setting forth the wrongs and injustices acted by his Ministers of Iustice the mischiefs and dangers whereunto his Kingdomes were exposed unlesse he returned and hearkned to their Councels and joyne in redresse of such Grievances yet notwithstanding those faithful humble expressions that they could not discerne any conâ—iscending to such Peâ—tions any acknowledgment of his former errours any placable or propitious heart towards his Parliament and People any purpose in him to signe those Propositions as the only and necessary means for setling a safe peace long since tendred to him joyntly and unanimously by the Parliament then sitting whether Presbyterians or Independents as they are called yet not concluding or providing what was to be done in cased he did refuse but instead of sorrowing for what he had done his refusing to signe those Propositions and contrary to the x Articles of the large Treaty agreed upon gracing and preferring to his nearest secrecy and trust a person proclamed guilty of High Treâ—son charging still and banding against the Parl. one of the Supremest and Greatest Councells for weight and number in all Europe Retorting on them and highly and with a scornfull vanity demanding in lieu of the Propositions sent to him counter-Propositions of his Parties devising to be sent to them contending to lay the deluge of blood spilt in this Warre at Their doors and theirs alone ever seeking by a covert and restlesse ill-will one way against the y
Place receiving them by traducing and rendring it one of the most famous Cities of Christendome guilty of High Treason and thirsting to make the Citizens wealth their Enemies prey another way by contending against the Parliament it self and Their z Friends assisting Them to undermine Their power they thought the Covenant not like an Almanack out of date as the a Ministers within the Province of London doe smilingly object rather like an Obligation where the Obligor is left remedilesse through the Obligee his fury and oppression disabling him from performing his Conditions b one part of the Covenant then being that they had no thought or intention to diminish the Kings just power and greatnesse another part when they presse the Covenant-taking the maintenance of the Peace and Union betweene the three Kingdoms they would bring to Justice all without respect of Persons who did or should wilfully oppose the same or hinder such Peace or Union so that if the King did by himself by his friends and followers by his example awing other men from taking the Covenant or did by any Power or Commission whether to defend himself or offend his Opposites act or abett whereby the Peace became disturbed one Kingdome engaged against nother the Parl. could not according to their Covenant preserve his Power and Greatnesse and punish such without respect of Persons as did willfully oppose the Peace and Union as is before observed comprehending within that Universality of without respect of Persons him and all who did adhere unto or take part with him so that the Covenant the parts whereof seem to be hetreogeneous and inconsistent within themselves and therefore not perfectly and exactly to be kept is either newly to be molded or which is more probable if he had had power to carry on his purpose the War to continue between the Covenanâ—ers and the Non-Covenanters many thousands of men neither having nor through the Kings example willing to take the same By the observing the passages and times when the Covenant was made and tendered what since hath happened impartiall men will judge that there was no fraud or failing of syncerity in the Parliaments proposall of the Covenant before nor any backsliding or levity since in preferring the main end which was and still is the publique safety before any of the clauses supposed and set down as conducible to the Covenant The great Quarrell of prophane and ignorant persons against the uniforme current of the Holy Scripture of an higher concernment then an humane Covenant is acutely taken up by a learned * Writer Distingue tempora reconciliantur Scripturae in answer unto those who cavill against the Scriptures as if the Texts thereof were dissonant and repugnant each to other as if Gods word most certain and infallible in it self were contradictory to it selfe distinguish between the time of the Covenant taking four or five years before the time of bringing the King to Tryal observe the limitation in the particle of the Covenant That they had then no intention to diminish the Kings Just Power in opposition to unlawfull and Arbitrary and you will find that the Covenant could not be so well and safely taken or that it is not so heinously broken as some of the Covenanters give out But to the Objections against the Army and the powâ—â—s establishing it That in adhering to them is to trust to an Arm of Flesh so all sublunary and Earthly Powers are but Arms of Flesh and it doth not therefore follow that those that do set forth the Army do put their confidence in Them further then God is pleased to give a blessing to their endeavourings Secondly That Independency admits of all Irreligion Heresies c. The Proposition is not well proved in that some particular Souldiers others well-wishing to the Army do devise and publish strange and unsound Tenents and Opinions which is not to be imputed to the governing part of the Army to the Court or Councel of Parliament neither is a present â—ure forthwith to be applied in all parts and places where they are vented The Army and their party have enough to doe to prevent and provide against the Power and Policy of their Enemies without an overhasty endeavouring to suppresse the Schismes and Errours of every one of their Adhereâ—ts The Complaint against Heresie and Schismes abounding is just seasonable and most sit that the Herefies should be suppressed both to settle the Discipline and Government of a Reformed Church as to remove and take away all occasion of scandall and quarrellings between us and other Nations but how and when Every thing to be done in its order and appointed time The complaint was long since made and it was foretold of old That Heresies must be the Apostle gives the reason That the sound and approved Truth may be known and differenced from fond and received Heresie the ground and seminary of broaching them may be besides the common and inbred corruption of Pride and Falshood which mankind is prone unto that so many sorts of men in many places doe despise and speak against the Scriptures although they be the infallible rule of our Christian Faith In disordered and licentious times caused through the distractions of a civill Warre it may fall out as a * Father of the Church complained it did in his of Scripture Teachers of expounders of the Misteries in Divinity cited by a learned Divine upon the words of the Apostle charging the unlearned and unstable for wresting the Scriptures to their own destruction whose presumption the Divine tells us is enough to produce any Schisme or Heresie Sola saith he Scripturarum ars est quam sibi omnes passim vendicant hanc garrula Anus hanc â—elirus Senex hanc Sophista verbosus he might have filled up the measure of his complaint by discovering many other sorts of unlearned people intruding into the holy mistery of Divinity hanc universi presumunt lacerant docent antequam discunt every one presuming upon his parts and gifts to be a teacher and interpreter of Scripture whereas Practitioners in other arts can keep themselves within the the bounds of their own profession the times are now for Reforming and the Parliament is sedulous therein wherefore there must be persons to Informe and instruct qualified with Knowledge for that Office The Divine gives the reason why the unlearned are so bold namely the want of abilities to discerne the strength of the Objections which may be made against them By the unlearned is not meant he who hath not read a multitude of Auâ—hors but he who taking upon him to divide the word of God is raw and unexperienced or if he hath experience wants judgment to make use of it the anguish that these rash presumers bring unto the discreeter sort of Brethren cannot but be great when being convinced of their unsound Oâ—inions for the maintaining that which with much boldnesse and open falshoods they have averred
England to be bound by any Coronation Oath in a blind and brutish formality and that the King reckons himselfe accomptable to none but God which the Parliament objecteth as a maxime and ground for any Tyranny the enacting Lawes are of no value as to the King and then the Question is how far swearing Allegiance is to the Subject as the Oath was therefore and then imposed which is next to be discussed To the Oathes of Supremacy and Allegiance obje Books seditiously printed and privately dispersed abroad to discountenance and depresse the Parliaments cause to extoll and magnifie their own obtruding their writings on such Authors as they please all to affect the Reader sometimes on the adverse part to render them the more dâ—spicable and ridiculous sometimes on their own Friends to make them the more applauded and famous for their Actions or sufferings as by that one more remarkeably for the King in his name it may appeare of which it may be said as it was of Sampson that it did his Enemies more hurt upon and by the occasion of his death then he could doe when he was alive namely and to instance in one of his parties acts amongst the rest their publishing the Posthume Book called {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} by some men reputed to be his though unlikely since by the Parliaments Declarations and Proofes convicting him of severall crimes it is made appeare unto those who shall impartially read and judge the transactions mutually passed betwixt him and his accusers either that the Book and those applauded Tracts and Meditations in it are none of his or that his party by setting forth that Book in his name would have him act the part of an exquisite hypocrite in representing such devotions as most of all should consist and be wholly taken up in a serious and reall sincerity so that the Tytle of that Book might be both literally and morally as to the King himselfe or to him who personates such conceptions in his name be entituled the Image and Pourtraiture of a Counterfeit rather than the Pourtraiture of a King the falshood and imposture resting on them alone who thus dresse and sets him forth Whosoever shall read the Parliaments often Declarations and Charges against the King set forth since the beginning of this War not denyed or answered by any of his Party saving in a recriminatory and scoffing way calling the Parliament and their Acherents Rebells or who shall read the n History of the Parliament of England summarily reciting what the Lords and Commons have accused the King of his countenancing and giving way to the Rebellion in IRELAND setting downe at large the strong presumptions against him for his countenancing it although eloquently excused and in a fine and pious Language denyed by the Author of the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} his averseness from calling Parliaments cannot but acknowledg that Book o whatsoever the fair and plausible flourishes in it do pretend of the Kings inclining to and desiring Parliaments to be falsly and injuriously charged on him few or none so indulgent to his Cause as to beleeve the whole Booke both for matter and forme to be of his owne penning however they may thinke some part of it to be his Falsly because they cannot but know how p unwillingly and seldome he called any how q oft he did dissolve or attempt to dissolve them when they were called notwithstanding the great Necessity of that Court for the propagation and maintenance of Justice that it drew on a r Law yet in force to call a Parliament every year in that through the discontinuance of them through the often dissolving them in the time of his Reigne and his Declarations published against some of the Members of either House the Historian reports The deiected People were forced to read with Patience and to allow against their own Reason Whence the Reader may observe an Answer to an Objection which the Kings Party makes r That the Parliaments party did begin the Preparations for a War before the Kings The People 't is true were discontented and greived at the Exactions and Oppressions practised in the time of his Reign they held themselves destitute of any means of redresse and therefore might harbour Heart burnings and thoughts of Rising but could not devise or thinke of any course towards the Preparations for a War the Power of the County being in every Sheriff of the severall Shires and Lords Lieutenants and their Deputies many other suborâ—inate Officers of the Kings upon the first Summons given from him to them in a readinesse to suppresse and check the People in case they should but move or stir up Commotions to the likenesse of a War neither could they build upon the strength of any Power to levy War on their behalf a Parliaments strength they sadly and long since observed was of too frail and uncertain a fabrick for them to trust unto as being awed and dissolved at pleasure so that if they had no thoughts of levying a War wanting the opportunities means of Prevailing if they had entertained such thoughts the first offering of Hostile attempts and acts will lye upon the Kings Parties accompt his aversenesse to call Parliaments his awing and dissolving them when called often and long before any preparations could be thought of for a War may satisfie the Objection when as to adde to the probability of some of his parties hostile and warlike preparations it hath been observed that some of his Friends knowing themselves obnoxious and questionable for their Tenents Demeanours when time should serve have long since before this Parliament was called fortified and furnished their Houses in divers parts of the Klngdome with Armes and Ammuniâ—ion no other notice taken til of late then of adorning them for strength and splendour which with some small addition became strong Garrisons for him the Parliaments Friends had none or not so many Holds so soon or suddenly to be fortified for their defeâ—ce The most wise and happy of Å¿ Kings could tell us by his own practiced Policy That it is not the first Blow that makes the War Invasive for that no wise Power would stay for nor the Voting a War to be Defensive as the t Scots have theirs which makes it so but the first Provocation or at least the first Preparations towards a War Injuriously charged on the King in that the Author and Reader also if a friend to Him and would have the Book reputed his doe unawares and as it were against their Will wound his honour and render the manner of his death the more unchristian then otherwise it might be judged when whilst the life is mortall they make the Vices of Dissembling and Uncharitablenesse to be surviving and immortall moâ—ions The reporting it to be the Kings seems besides to blemish the credit of those penitentiall expressions therein derogating from the serious
of Arms in the defence of the Laws and Liberties was judged by the one side to bee Lawfull and Necessary condemned on the other to be Trayterous and Rebellious the same act could not be Lawfull and Trayterous too the Difference onely is as a long time it hath been concerning the severall objects and matters in dispute as how Peace hath been forfeited how lost now on what terms and by what means to regain and secure it when regained The Kings party say the more moderate from a reluctancy of heart and unwillingness to be Conquered others of a fiercer spirit to be Avenged on their Adversaries the surest and next way to Peace is in the Prince his enjoying what his Father had faintly believing that he will be avenged only on those who were the Authors Contrivers of his Fathers death that he will passe by with a generall Act of Oblivion all other of the People by a light Fining or putting them to Compound for their Estates The Parliament having in their wisdome and experience discerned and foreseen the danger which the Common wealth They and Their Friends are thereby subject to are of a contrary minde to what the Kings party doe give out They doe foresee and know that it concerns them to provide against that the Prince will not onely rest there to be avenged for his Fathers death he will remember his owne being kept out and as it were exiled from out the Kingdome whereunto he aspires and hath engaged so many against this The Scots in maintenance of the Kings Party's judgement contend to aid his Sonne the Prince but whether for tho Covenant as their Motto's doe professe or against through a mis-understanding it or through willfull blindness their Actions doe declare and are here expressed They give out that they have brought the Prince to repentance for his Faâ—hers sinnes and for the sinnes of his Family but that their Prince doth threaten not many moneths before requiring aid to be avenged for his Fathers death and yet to repent and to be humbled for his Fathers sinnes seems inconsistent But doe they mean the Prince in his Person only or his Party they should withall have brought to repentance all the King his Fathers party else their Covenanting to prevent and oppose seems to be of little use the meaning of preventing and opposing carries with it a further progress of motion then to intend onely the person of the King then living the Repentance which they speak of if it should prove feigned and dissembled the Heart is desperately evil who can know it and thereby the safety of many thousands engaged in this Quarrell swallowed up the too late his Partyes construction as to offend Whosoever shal look on in a conflict betwixt two opposite Parties his affections questionlesse incline whatsoever his Actions are more to the one party then to the other So Neutrals such as have not acted for the King being already by his Party adjudged Guilty are subject to the censure may be brought in within the compasse of the Prince his meaning for if upon the late King his Parties good successe in some victories obtained when they kept Garrison at Oxford they in the high tide of triumph construing their fellow Subjects demeanour in relation to the King spared not to bring in all Neutralls if the Prince shall come in Conquerour what shall be judged and who reputed Principalls who Accessaries which is all one if it were Treason to his fathers death when as the Charge of taking away his life Forraigners and strangers beyond Sea reckon to be a Nationall and the Peoples Act because the Parliament is the Representative of the people for they not knowing the reason and exigency of matters here account it not an Act only of the Iudges Advocates and Officers deputed for his Tryall but include the whole English driven on first by the Scotish Nation the English more manifestly in that divers of their Friends and Agents being employed beyond Sea for making good the Amity and correspondence betwixt Them and other States and Nations have been barbarously and inhumanely murdered by the enemies party severall affronts and indignities offered them all to disgrace lessen and discourage the Parliament and their Actings So that it concernes both Nations the English and the Scots rightly to apprehend and rather to have continued in their mutuall League then be led away as the Scots have manifested themselves to be by the power and ambition of the greater ones to engage one against the other The English have sufficiently expressed their averseness from a Warre with the Scots their readynesse to afford them ayd in their greatest wants and cannot now be thought forward unlesse provoked to invade their Country or if they do to be gayners by it what the Scots may by invading This all men know who know the condition of Theirs and Ours how sterile the one how fruitfull the other Country is the setting Us and Them at variance the differences and dissentions between Us now flowÌ„ frow one common Source to wit the Enemy his wiles and subtilty who wants no stratagem to bring this contest betwixt him and Us into a fresh debate both by secret and covert acts at home to promote sedition and division amongst those whom he would overcome as by open Acts and solicitings abroad to pursue his attempting to bring in any forraign force how wild or barbarous soever they be how hard to get them out againe out of this plentifull Nation yeelding them all provisions all habiliments of Warre to strengthen themselves in this as to provide for their next attempt elsewhere after they have destroyed and harrased this not knowing how to distinguish between Presbyterian Independent and Royall Party and this to be driven on by him and his accomplices in an hazardous and uncertaine way out of revenge and thirst to regaine unto himselfe his power againe long since forfeited through his mistaken loyalty certainely through disaffection to his native Brethren of the same Nation or without considering which wise men should the price of peace which cannot be had without a War Mony being the sinewes and support thereof the Country-man grudgeth not to pay for seed expecting a plentifull harvest nor the Tenant to contract with his Landlord to disburse great summes for an estate in Reversion for his posterity yet the laying out mony by either of them for that without which the Countrymans harvest nor the Tenants Estate can fall out joyously is irksome to them both The frequent exception which the People make by way of comparison between the payment of Ship-money in the late Kings time and the Impositions and Taxes now required comes fitly to be answered Better say they that the payment of Ship-money should have continued and the like illegall Taxes demanded beyond and above the power of Law easier to be born then so much Bloud spilt then such vast summes of money spent in the maintenance of this War
and the People thereby impoverish'd The Parliament confesses and allowes as much that of two Evils the lesser is to be chosen where of necessâ—y one must happen as in case of inevitable necessity that Wisdom and Industry cannot prevent if otherwise Necessitas non excusat quae potuit esse non necessitas as a learned * Writer of the Church acutely argues when that a King his Treasure or Revenue sufficeth not for the Common good as when the Realm is invaded or any notable Rebellion of the Subjects shall happen such an Invasion or Rebellion as is not procurata not simulata but verae gravis manens the King then by the common opinion of the CIVILIANS may impose new Taxes in requiring aid although out of a Parliamentary and common way The Answer to this Exception is made good resembling it to one of the same kinde it were better that a man should receive a wound from a stronger then himself and afterwards be assaulted and affronted a second or third time yea even untill he be maimed then although in his own defence be killed for so it may happen upon his resistance-making It had bin better for him to have endured those and many more affronts and wounds as the lesser Evill of the Two then by striving repulsing them to lose his life But where the one might have been avoided no necessity of the other to have hapned the Exception seems invalid Again if a man having an estate in Fee in Land or otherwise free from any Charges Taxes Tallages Annuities or the like and a firm and undoubted Title to the same rather then he will suffer a rent-charge although of a smaller value to be unjustly and wrongfully paid out of it through the oppression of an Adversary stronger then himself demanding such a rent wil doe his best to defend yea peradventure at a greater expence of money then the rent-charge may amount unto Nor is his failing to maintain his Title an impeachment to the credit of it no more then it is an advantage to his Adversaries right being of ability to oppress his Tenant weaker then himself There was no necessity of levying Shipmoney when it was required first from the Maritime places and Countries which when they did submit unto was generally paid throughout the whole Land and for divers years continued and wherefore when the English had Commerce Trade and Correspondency with all other Nations without Interruption or Hostility Wherefore the for standing out longest against his his Fathers power the Presbyterian next for his opposing contending with it at first the Neutral for his double minded and ambidextrous carriage and upon an inquiry had who have subscribed the late Engagement which the greater and more considerable part of the whole Nation have to punish the Subscribers or put them all to their sute for Pardons At what rate That the price of purchasing shall both gratifie his friends Forraigne and Domestick and defray the charges of the Warre that not all but seize and become Lord of the peoples Estates and Lives by way of policy and prudence to keep and prevent them from committing the like Rebellion as t is â—armed that they may not have wherewithall hereafter to leavy a Warre for the maintenance of Treasons that the same may not be said of them as the Kings party in their indignation said at the beginning of this Warre of the City of London Their wealth was the occasion of this War by consequence of the ruine of this Nation Lastly this may be seen in the summe of all that if the prevailing party in any division shall divide according to their varying judgments then subdivide after subdivide againe there will be no end of such dividings untill their number and their friends bee reduced into few or none and shattered in pieces as their Enemies would have it even as dust before the Wind for instance sake the Kingdome did at first divide into a Party for the King another for the Parliament the Parliaments Party upon their Conquest did divide into two sorts the one called Presbyterians the other Independents the Presbyterians if they shall prevail may divide into a Scotish rigid Presbyterian and an English Presbyterian of a milder Test and to be new molded to the Conquerours fashion If the Independent shall prevail they may rend into new Sects and Divisions and the prevailing Party in such Sects may divide again so there will be no end of Dividing till all be scattered and lost The Emulations Part-takings and Dissentions now on foot and spreading farre give to the Enemy's indefatigable restless malice new hopes of recovering his Power again that through these conflicts the deciding this Quarrel may come again to be debated the Cards new shuffled be taking advantage of the Presbyterian'sâ—iscontent and making use of his Power mingleth Interests ' is to be seared as the State Kirk of Scotland have likewise done to promote the design in hand joyning with him in this particular against subscribing the Engagement where the Kings Party may seem to have the better colour to Quarrell with the Subscription because that thereby the Kingly Power and Office are excluded their task is therefore to Disswade to Argue against Subscribing whether they doe subscribe or no themselves on purpose to keep in the Fuell of Emulation and Contention in these distracted times yet 't is to be believed that many of themselves subscribe whether against their Will and to avoid the penalty of not Subscribing and so the more active and eminent sort of their Party may peradventure be privily dispenced with for their Subscribing in case they come at any time after to be questioned for it knowing then how to excuse themselves by one common Plea of submitting rather unto then to be undone by their Enemies and the Kings But how justly do they plead thus when as the Parliament judgeth it in most of them to be an outward onely and feigned conformity to Their present Government an enforced submission to the Engagement and so passe it by without punishing any for refusing They knowing withall that the Engagement is so commonly received so easily swallowed by the Enemy and his Party that many of that Party are nothing the worse thought of by them for refusing nor many other the better for their taking it their affections little knowne or measured by either taking or refusing But why the Presbyterian so much against Subscribing in opposition to the Party which he calls Independents or in favour to the late King or to the Prince his Son and his surviving Party The Author of the * {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in the Kings name remembers and observes the demeanour of them both That the Presbyterian did hunt for that which the Independent caught in hunting viz. the overthrow of the King in Person or in his Monarchicall Estate and the Prince in his Messages before recited remembers how they
have both behaved themselves The Presbyterians being against Subscribing is not in respect to the House of Lords nothing in the Covenant to deter them from Subscribing as touching the leaving out or holding in the Lords whom no part or Article of the Covenant includes or comprehends Briefly to understand the Reason of Enjoyning Taking or Refusing it which is now become a disputable Theame the exception against the taking is either in the manner the formall reason the scope and intention of those who enjoyned it or the matter enjoyned as to the first the reason of enjoyning it seems no other Bond and yet then what the Parliament their friends did about 8 years since of entring into a Covenant for the better strengâ—hening and 〈◊〉 fiâ—mly binding all men together in a Religious and Civill Union that seeing Dividings in Opinion and Dissentings in practice are fatall to the Conquerour Union and Accord to the Conquered the Parliament contends to bring all men into one form of Civill Government to one unanimous judgment whereby after the p Uniting of their Minds a Restraint of Hands and ceasing from further Contentions might ensue to the begetting a firme and lasting peace Opposition in Affections begets the like in Actings and Endeavourings especially in a Civill Warre where men of eminent and active spirits zealous for and fond of their own Opinions anâ— bold to vent them when subdued by Arms and convinced by Reason shall resolve into Revenge and Fury and become restlesse in their attempts even to the hinderance of an ensuing Peace untill they and their Party may gaine what they have lost The Engagement now enjoyned and tendred seemes more easy to be observed more uniforme then the Covenant the * Covenanters protesting in one place That they will desend the Kings Person and Authority in the preservation of the true Religion and Peace of the three Kingdoms in other places That they will really sincerely and constantly without respect of persons endeavour to bring unto condigne punishment all such as shall oppose and disturbe such Peace If a King shall sweare to governe according to the Lawes of the Land as the late King did the Oath is no longer to be understood an Oath then the Lawes have being To govern taking it without an addition is an indefinite and indeterminate act To governe according to the Lawe a qualified and limited one in the termination of his Oath The termination in the Covenant for the preservation of the true Religion Liberties and Peace is the reason and formality of that and of other Articles of the Covenant A Covenant or Promise to preserve the Kings person without setting down wherefore or to what end is a short and indeterminate promise unlesse the intent or finall Cause of such promise be expressed Wherefore if the King as the Lords and Commons have often charged him be guilty of the blood spilt in these his Kingdoms the Covenanters could not both defend his Person and Authority * and yet bring to publique Triall thâ—â—uthors of the effusion of that Blood and to bring them to that condigne punishment as the degree of their offences should require or deserve as is elsewhere mentioned As to the matter of the Engagement to be true and faithfull to the Commonwealth as it is now established without a King or House of Lords what is the exception against the subscribing this The King being dead and least the Prince his Sonne or any other of his Family shall pursue what he hath threatned the revenge of his Fathers death the Parliament hath thought it fit yea necessary to exclude him as a King from the Supremacy of this Government the Competition being betwixt a Monarchicall forme of Government a Government by a King and a mixt of Aristocraticall and Oligarchicall or of a Common-wealth without a King If the former be admitted viz. a Monarchicall the power of Government then descends unto the Prince the late Kings Sonne and Heire So the Presbyterian having entred into a Covenant chiefly and principally for the defence of the Protestant Religion the Subjects Liberties seems to waine those parts of the Covenant entred into for defending them if now that the Father is taken away they admit the Sonne treading in his Fathers steps unlesse the making and taking it were inâ—ended onely to inure and remaine in force for the term of one mans life Wherefore the Powers that be have good cause to be jealous of such as reject the latter Form embracing a Monarchicall one as complyers with the late King and Prince and weary of submitting and adhering unto them Wherefore the States enjoyning the Engagement is no matter of chance as a thing which may be required to be done or let alone of none or a slight concernment devised or instituted to little or no purpose when conducing as far as at the present they judged it might avail to the discovery of mens affections it conduceth likewise to the settlement of a Peace and Union for whilst the mindes and judgments are no more unanimous the contentions in this War will hardly cease The choice of Taking and Refusing should likewise be of a judicious and sober inquiry as who doth enjoyn and to what purpose t is enjoyned not that therefore we should so refuse because we have suddenly and rashly resolved so to doe a fault incident to yong wits hot and fiery spirits or because we see learned and eminent men in other kindes of knowledge able indeed to lead weak and unstable spirits Captive unto theirs do refuse but on good deliberation and well weighing wherefore the State hath required it They in their enjoyning the Engagement insist not nor is there cause they should so much on the value and efficacy of polite Learning and knowledge take it either in Languages Arts or Academick faculties or â—n the judgment and discretion of such Men as have read a multiplicity of Authors or are as Mâ—ses was skilfull in all the Learning of the Aegyptians as on a sober studied and well grounded Prudence ballasted with Observation and Experience all which the Learned may likewise have governing and guiding the safest way to a selfe-preservation and welfare of a Common-wealth Besides the Novity the Unexpectednesse of the Engagement now enjoyned other discontents and heart-burnings are whispered and cherished by the common Enemy insinuating and seditiously giving out That the Nobility are unthankefully and indignely dealt withall as being detruded from their Rights and Privileges of sitting in the House of Parliament as Peers to joyne with the Commons in the debate and handling the affairs of the Commonwealth withall that those Lords who have been active and assistant both in their Estates and Countenance to promote the good of it during these distractions may think themselves neglected and ill rewarded if now debard from their ancient and Native Liberty of Voting in the House The reason of the Parliaments enjoyning of the Peoples subscribing to this Engagement
rests upon the issue of these Questions Whether from Irelaâ—d so erroneously misled and malevâ—lently affected towards England by a two-fold Antipathy both of Nation and Religion and so impetuously set on by three severall parties the Royall Popish and Prelaticall there be not an evident approach of perill to England in case the English be not some way cemented and untâ—ed as the Engagement now in question aymeth at and with a joynt vigour to subdue them and to keep them under when subdued Whether through and by reason of these distractions England be not in danger of losing their ancient Rights and Claims their credit and privilege of Commerce and Traffique which heretofore they have had with other Nations Whether Scotland not remaining in the same condition of Amity and Brotherhood as in their League and Covenant with England they at first United in but rather revolting from it it be not necessary to make up that breach by a closer union amongst our selves and against them when as it appears without recounting the particular actions falling out betwixt the Parliament and Army betwixt divers and private Members and Officers of Both as what this or that particular person by himselfe or by the instigation of some few hath done contrary and against the directions or command of his superiours That the Scots have in the maine broke with us For instance sake in the Article of the large * Treaty betwixt us and them granted and confirmed by the late King and wherein amongst the rest they having covenanted and Declared against Popery and Prelacy which the King and his party hath countenanced and favoured and now endeavouring to helâ— his Sonne into his Fathers power that then he may make good his favour towards Papists and Prelates would excuse themselves and Quarrell to assigne the breach of Covenant to us but how justly let the Reader judge Their insisting on a pretended Loyalty clears them not in the judgment of any who since the beginning of these troubles have observed their Motions their Demands and Treaties neither doth their literall leaning on the words in that Article of the Covenant to defend the Kings Person and Authority excuse their guilt the Kings Person and Authority being but one and an halfe part of that Article the sense and drift of it makes it up which the English according to the End and Meaning do pursue in the preservation of the true Protestant Religion the Liberties and Peace of the three Kingdome c. Now that they give out and threaten to come in an hostile manner into England under their Apologeticall and specious pretence of fighting against the Sectaries thereof of repressing Schisms and Heresies when as they have nothing to do with our Doctrine and Discipline Ecclesiasticall or Civill when as our own Divines can do better service by their Tongues and Pens for the suppressing Schismes and Heresies then can be expected from the Scots their Swords and Arms which if we may speak by experience are by the continuing this Warre more like to increase them both in number and power then to suppresse or lessen them in either and for the English Laity none or a very few and inconsiderable number of them doe tolerate Heresies and Sects as is elswhere set forth in this discourse Moreover when the English have shewn their Aversenesse from a VVarre with Them q their tender and compassionate thoughts towards them when they were at the lowest ebbe and they expecting the like measure of friendship and Brotherhood from the Scots according to their motto and profession to deal as they would be dealt with have assisted them before and even at the beginning of these troubles when they suffered most when by their applying themselves to the King for redress they could have none the English was their only ayd and best support The last Question then falls out Whether whilst these matters be in dispute we may rest secure from an Hostile invasion from them or other Forraigners whether by these unnecessary disputes and dissentions here at home the Commonwealth be not in danger to lose that in a short time which hath cost so much Treasure Industry and Blood For the powers that be once shaken and becomming weake will soon fall most men being apt to lay hold on the r Politicians advice Not to leane on a weak and toâ—tering Wall The judgment and knowledge of deciding these Questions rests in the Prudence and Experience of the State who after a long time casting and consulting what was fittest to be done what the safest course to be taken for the strengthning and support of a firme and present Government have resolved upon an universall Engagement in such manner and forme as to their wisdomes seems most expedient and they have accordingly Declared and Ordained that they knowing the justnesse of their Cause ought in relation to the present security and maintenance of their power to the preservation of a firme and lasting Peace to use all Expedient and Lawfull means against the violence and restlesse opposition of their Enemies none they judge so safe as by an Engagement and Subscription thereunto which if throughly weighed crosseth no former Vow either of Protestation Covenant Oath of Allegiance or Supremacy the subscriber only promising to be true and faithfull to the Commonwealth as it is now Established without King or House of Lords not the Oath of Allegiance or Supremacy as is before observed if you look into the Reason and End of enjoyning the said Oaâ—kes Nor the Proâ—estation taken 1641. for the maintenance of the Kings Honour Person and Estate Nor the Covenant taken 1643 for the preserving his just Power and Greatnesse where his Honour and Power are transitory and personall capacities during life dying with his Person without further respect had unto his successors So the taking the Engagement commencing since the time of the King his death is no breach either of Covenant or Protestation taken for him in the time of his life nor by the words Now Established without a King or House of Lords are the Nobility excluded for ever from their Privileges as to succeeding Parliaments if the Wisdome of the State shall so admit and these continued Divisions beget not an universall ruine taking away the succession of Parliaments all Order and Government to be hereafter had nor from an Envy or Neglect had by the House of Commons to degrade the Lords or lay their Honours in the dust as hath been of late seditiously given out for so the Gentry of which the Parliament themselves consists being in the next ranke to the Nobility may fear their turn is next to be thrown from their station also al become Levelled Such suggestions questionlesse are infused by the Enemy's Factours into the Gentry's ears to draw away the affections of them also as well as of the Nobility to set on those ancient ranks of men against the Parliament and their proceedings endeavouring indeed to turn the
presenâ— judgment of the Corvocation at Oxford dated June 1647. which if weighed with the Arguments in the Letter written by the London Ministers to the Lord Fairfax and his Councell of War dated January 1648. in behalf of the Covenant and the keeping it the Reader will soone discern the odds * Suprema Lex Salus Populi n See the Exhortation to the taking the Covenant for Reformation and Defence of Religion c. * Livy * Isaiah * Ciceâ—o o See the Exhortation of the Assembly of Divines to the taking the Covenant Printed Feb. 1643. p See the Lords and Commons Instructions for taking the Covenant The unanimous judgment of most part of the Kingdome observed by their severall Petiâ—ions at that time presented especially that of the Gentry and Trained Bands of the County of Essex presented to their Lord Lieut. the Earl of Warwick Likewise Sir Benjamine Rudyard his speech in the beginning of this Parliament about Popery countenanced See Master May his History Lib. 2. Chapter 6. Page 15. q See the Ordinance of the Lords and Commons assembled in Parliament with Instructions for taking the Covenant r Mr. Alexander Henderson in his reply to the Kings first Paper Å¿ See the Essex Petition before cited t See their Commissioners judgement and intentions concerning Episcopacy Declaring Prelacy to be the cause of all our broilâ— In their Papers dated 24 Feb. 1640. u See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in severall Treatises viz. Upon the Listing Raising Armieâ— against the King Upon the Covenant and elsewhere w See the 6. Article of the Covenant x See the Articles pag. 16 Demand 4 Granted by the King 1641. viz. That none should be admitted to his Councell or attendance but such as should be approved by both Kingdoms y See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 4 and elsewhere in that Book his parties constant 〈◊〉 towards the City of London and upon all occasions of his partâ—s naming it some of them have termed it a Rebellious City a Magazine of Arms and Ammunition raised against their King reproaching it with scornfull Nick-names as they pleased z See their Declaration Printed at Oxford 1643 pag. 14 15. against the suggested irregular and undue procâ—edings of the Common-Councell the Represenâ—ative of the whole City a See in the Letter of the Ministers their notice taking of the Parliament and Armies conceipt had of the Covenant page 8. b See his Parties opinion of the Covenant and the taking of it in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} pag. 113 114 115. whether and how far it is to be kept how little uniformity in the taking or keeping it and for what purpose in the Authors judgment framed at first how ambiguous and hard to be understood how much mistaking or dissembling in the making it at first or mis-representing by those who like it noâ— that howbeit one part thereof is That they had then no intention to diminish the King's just Power and Greatnesse the Authour in the King's name conceives that it was made and intended against the King as in many places of the Treatise against the Covenant the Kings Party complaineth See also the Kings Declaration since the Paciâ—iâ—aâ—ion against the Scots and the Covenant pag 8 which opinion of his see confirmed in the Marquesse of Montrosse his Declaration set forth 1649 As in a Bâ—ok called the History of the Kings affairs in Scotland before cited pag. 6. * Paâ—auâ— * St. Ierome c See their Acts and Ordinances for raising Contribution-money towards the Warrs throughout all Counties exempting the Universities and other Colledges from such Payments * Oxford d See the like observed in the Consecration of the Bishops of England written by Mr. Mason sometimes Fellow of Merton Colledge in Oxford in his Epâ—stle to the Archbishop of Canterbury e See their Remonstrances since the beginning of this War h See their Remonstrance before cited i See the Declaration of the Lords Commons assembled at Oxford c. printed there 1643. p. 24. 26. 27. k In the Treaâ—ise concerning the Kings retirement from Westminster n Written by Mr. Tho. May 1647. beginning at pag. 6. unto pag. 46. o See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 1. on the Kings calling the Parliament p Mr. May his History q Mr. Hollis his Speech r See the 36 Statute of Edw. â— r See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise to upon their seizing the Kings Magazines Forts Navy and Militia Å¿ Hen. the 7. t In their Apology Printed soon after the â—nglâ—sh Army went toward Scotland y Tantum res 〈◊〉 câ—m qu 〈◊〉 satellâ—ith 〈◊〉 Pontific is 〈◊〉 Iewel in Apolog. Eccles. Anglican z The speedy and effectu-suppressing Errors and Schisms is charged on him b K. Iames his Speech before-mentioned c See the Oxford Declaration pag. 19. d In the treatise concerning the Kings going to the House of Commons to surprise the five Members g Marlborougâ— Decemb. 1642. h See the Oxford Declaration page 26. 27. i See the same Declaration page 11. * 25 Edw. 3 l Sir Edward Cooke his Collections concerning the Authority of the Parliament in the fourth Book of his Institut m Quanquam Principes sunt ex numero {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} tamen natura temporis ratione prius sueâ— int Subditi Princ pes veâ—o nisi qui Tyrannidem usurpârint non naturà ut Patâ—es sed suffragio Subditorum gratia constituti sâ—nt Iâ—de illud Domini apud Daniel 4. 32. Scias quod dominetur Altissimus in regno homin um cui volueâ—it dabiâ— illud Ex quâ— sequitur non Regum causâ Subditos nasci sed Reges commodis SubditoruÌ„ inserviâ—e debere Bucan. Institut Theolog. Tractat. de Magistratu Thomas 1 part 1 samma Theolog. quest 9. Art 3 4. n The Author of the Peoples Plea * Aristotle * Tertullian * Treatise 26. p Master Lambards Eirenarch cap. 2. in his Tract on King Edw. the third his Writ directed to the high Sheriff of Kent for the Proclaming Peace where he speaks first of Uâ—iting Minds then of Restraining Hands as a meanes for the preservation of the publick peace * See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} upon the Covenant * See the Covenant * Pag. 16. Demand 4. q At the defeat given them by Montrosse at Kilsyth eveâ— to the ruining the State of Scotland when the Lord Fairfax the English Generall and other Commanders in chief wrote to the Earle of Leven the Scottish Generall that they accounted the calamities of Scotland to be their own and would willingly adventure their owne blood for the Scots as for the English till the Enemies of the three Kingdoms were fully vanquâ—shed See the Breviary of the History of the Parliament of England r Noli in caducum parietem inclinare Lipsius Politic. * In sapientem non potest cadere Injuria Seneca Å¿ See the exhortation for and touching the taking the Covenant annexed to the Covenant Printed 9 February 1643 t Commonly discoursed in the Diurnalls and Occurrences Printed in Aprill and May 1651. * Psal. 19.