Churches patrimony p. 68. VI Their illegall forcing the King to go against his Oath legally taken at his Coronation p. 72. VII Their swearing to have no respect of persons in their Extirpations p. 75. VIII Their allowing their Iudges to punish Malignants as they shall thinke convenient though their offences do not so deserve CHAP. X. That the Covenant is repugnant to those generall Ends for which it is pretended to be taken p. 78. As being I. Contrary to the Glory of God II. Destructive to the Protestant Religion and serving rather to advance Popery III. Derogatory to the Kings Honour p. 80. IV. Preiudiciall to the Liberties of the Kingdomes as taken for the upholding of their power by whom all publike Liberty is already destroyed V. Inconsistent with the Peace of the Kingdomes as tending immediately to nothing but Warre with others and not likely to end in Peace amongst themselves CHAP. XI That the particular Ends of the severall Articles are likewise inconsistent with the matter of them p. 87. As I. A violent Reformation with the Growth of Religion II. A violent Extirpation of what is not sin with the clearing of the Extirpers from sin III. Their swearing absolutely to preserve the power of Parliaments but the Kings Person and Authority with reservation for this End that the world may judge of their loyalty and how they have no intentions to diminish his iust Power Here the world is in part informed wherein the Kings iust Power consists As 1. In making p. 88. of Law 2. In making p. 88. of Law 3. In declaring p. 89. of Law 4â— In executing 5. In appointing Iustices 6. In pardoning offenders p. 90. 7. In disposing of preferments 8. In protecting his Subiects 9. In Supremacy over all Estates 10. In calling adiourning proroguing dissolving of Parliaments p. 91. And how all these Powers are actually diminished if not destroyed by the Covenanteers In treating of the last particular the equity and so the validity of the late Act Against the Dissolution of this present Parliament is ventilated CHAP. XII The true End of framing and enjoyning this Covenant The bringing in of the Scoâ—s absolutely unlawfull p. 96. I. In respect of the English invâ—â—ing p. 97. II. In respect of the Scoâ—s comming Where the three pretended Reasons of their Invasion are debated viz. 1. The gâ—â—d â—f Religion in England p. 98. 2. The 〈◊〉 of their native King p 99. 3. The rescuing this Kingdome from destruction p. 100. III. Their many former Oaths and Protestations to the contraryâ— CHAP. XIII From these premises the Covenant is concluded unlawfull in respect of the Forme p. 104. Errata Page Line For Reade 3 18 left last 6 3 desciverant desciverâ—nt 7 2 and or 8 34 abjected abjured 10 13 Passan Passaâ— 14 35 convented convened ib. 37 knew know 21 21 interferre interfere 23 33 Assembly that Assembly of that 25 6 bulke balke 29 6 to English to the English ib. 20 our one 31 29 must might 37 31 considered considerable Those Quotations which occurre out of the Remonstrances or Declarations of Parliament are taken out of that Exact Collection printed for Edward Husbands and published by speciall Order of the House of Commons made Martii 24. 1642. which is here usually pointed at the most compendious way by these Characters A Review of the Covenant CHAP. I. By what meanes the Covenanteers were reduced to the necessity of entering into this Combination confessed to be their last Refuge WHen the danger is once over to reflect upon the many miseries they have undergone may haply afford some small comfort to such as shall escape but so long as we groane under the present distempers and can discerne no probable end of our sufferings but with our selves it is but a sad contemplation to look back upon our former Peace and enquire by what sleights we were fooled out of so happy a condition He that found the poor man ready to perish in the bottome of the pit and was more inquisitive how he fell in then sollicitous to use meanes how to help him out expressed a greater measure of curiosity then Charity It shall therefore be my chiefest endeavour to rescue if I may the many seduced Scules out of that pit of Destruction into which they are already plunged The danger of those courses that led them thither was wisely foreseene a and timely foretold by His Majesty but urgentibus Imperium fatis salutares Dei atque hominum admonitiones spernuntur If the Contrivers of these great Tropicks in Church and State had at first {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} acquainted us with their designes we should have been affraid to owne and ashamed to abet them No question but what comes last in execution was first in their intention The subversion of Government as well Civill as Ecclesiasticall was the prime aime of those Architects of State who were to erect their private greatnesse upon the publique Ruines For whom it had been in vaine to strike immediatly at the face of Majesty or talke of pulling up Root and Branch the first day At the beginning of our Parliament it was with the common People of this Land as once with the Roman Souldier Miles longo Caesarum Sacramento imbutus ad destituendum Imperatorem arte magis impulsu quà m suo ingenio traductus The tye of Allegiance which had been ever held sacred and the many blessings of a long Peace enjoyed under His Majesty and His Royall Father would not without the help of Arts and Industry suffer them to make a suddaine defection from their Loyalty Their nature therefore fatally inclined to change must be cunningly wrought upon by an odious representation and malitious aggravation of some past grievances their dull restive Spirits must be conjured up by those two vulgar Charmes Religion and Liberty they are commanded to beleeve this is destroyed and that endangered So to bring them out of love with their present condition and make them venture a certaine happinesse for uncertaine hopes By what degrees they were disciplined and broken to a perfect Rebellion I forbeare to rehearse But if the Covenanting Members yet remaining at Westminster of whom onely I desire to be understood through this discourse be the same men that managed the Cause from the beginning and were the true Authors of all those Declarations and Remonstrances fathered upon one or both Houses of Parliament I crave leave once more to put the Kingdome in mind of what they were told before b how they had brought their worke to such a height and degree of successe that nothing seemed to be left in their way able to hinder the full accomplishment of their desires unlesse God in his Iustice should send a grievous curse upon them When we lay this profession of theirs in the ballance with His Majesties Answer to that very Declaratîon c where he desired his actions might no longer prosper then they were directâ—d to
to the Bishops and Clergy being not a publique but a particular one he cannot salvo juramento without their consent give way to the making of any new Law in derogation of their Liberties which he has sworne to defend The subject of the legislative power in any State though by reason of the Supreme jus dominii over the persons and goods of all the Subjects he be above Law yet will not that make him above his own Oaths and promises to particular persons For a Law gives a right against the Law-givers onely so long as it is a Law that is no longer than till it please them to repeale it But a promise or Oath made to another gives a right against him that made it as long as the Creditour pleaseth Were it not thus the publique Faith passed by the King and Parliament were of lesse value than any private mans bond they might void it when they please all promise of pardons granted to Rebells or other Delinquents might be rescinded and no security could be had by them The reason I conceive to be this the King here and whosoever in other places is the subject of Supreme Power though they be originally free from any engagement to inferiour Subjects yet if they will they may in some things bring a restraint upon their absolute Supremacy Vnusquisque potest cedere jure suo as well for the advantage of particular persons of their own Dominions as to Princes or People of another Nation Which if they do their own act shall binde them in justice if it were but a baâ—e promise but in Religion and Conscience if it be confirmed by an Oath deliberately taken and the matter it selfe be not unlawfull For this superaddes a religious band unto God from which they can neither free themselves nor any other absolve them unlesse those in behalfe of whom it was taken do release their interest If this were not so no Oath could be binding unto them I wil not deny but sometimes there may be just occasion for a King or State to make use of their Supreme Power to the present prejudice of particular persons as in case of Invasion to destroy a private mans goods that they may not come into the enemies hands but then I suppose they are bound in conscience and equity to make him reparation out of the Common-wealth for his private losses deducting so much as he for his part should be liable to bear in the publique charges Which if they shall refuse to do and will use their summum ius to another mans injury there is no remedy in foro humano but they must answer for their injustice at a higher Tribunal Here is now the case of our English Clergy the Bishops Deanes and Chapters c. have not onely a present personall estate in their Baronies and other Temporalties as good in Law as any freeholder in the Land but the Body of the Clergy have a perpetuall Right in succession both which his Majesty hath by many reiterated d Protestations vowed to maintain and by the solemne e Oath at his Coronation which has been so often pressed to other purposes sworne to keep the Lawes Customes and Franchises granted to the Clergy to preserve and maintain to the Bishops and Churches committed to their charge all Canonicall Priviledges and due Law and Iustice and to be their Protectour and Defender to his power as every good King in his Kingdome in right ought to protect and defend the Bishops and Churches under their Government After the solemne emission of all which Oaths and Protestations as it were a great sin if his Majesty upon temporall ends or by-respects without any offence of the Clergy should put their persons out of his protection much more if he should cancell all their ancient Rights and alienate their meanes the thought whereof his righteous soulâ— abhorres So they cannot be excused from the guilt of perjury who either by sly insinuations shall go about to incline or by armed force labour to compell him to the breach of his Oath The former may be the practice of evill Counsellours the latter is the Designe of these Covenanteers I will not define which are more inexcusable their ends may be the same the maine difference is in the meanes and this it is these would extort injustice from their Soveraigne those would perswade him to it and so by making him lesse unwilling would make him more guilty if the God of Heaven in whose hands are the hearts of Kings do not as hitherto he has done strengthen him with sufficient grace against the subtilty of the one as with power against the violence of the other VII If all the particulars in the second Article were indeed criminall yet they ought not to receive equall punishment much lesse ought all persons without respect whether truly or supposedly guilty of them be as is here vowed in like manner extirpate Nature hath made a difference in crimes Religion and Law admits of a distinction betwixt persons but this Oath confounds all Divines were wont to distinguish of Papists betwixt Seducers and Seduced Heretiques and their adherents those the Lawes have sentenced to death but allotted to these a milder animadversion as of whom it may be true which Salvian spoke of some Arians affectu piae opinionis errant But from these rigid Covenanteers a seduced Lady must expect no more mercy than a professed Iesuite Nay the King himselfe if he be but prelatically affected must look for no better measure By their own confession his Person is in danger If we look backe upon what passed betwixt his Majesty and the two Houses upon that occasion we shall finde them thus reasoning against his going into Ireland f If your Maiesty shall go you will very much endanger the safety of your Royall Person Which will be subiect not onely to the casualty of warre but to secret practices and conspiracies especially your Maiesty continuing your Profession to maintain the Protestant Religion which the Papists are generally bound by their Covenant to extirpate Now then his Majesty continuing his profession to maintain Episcopacy which these men are generally bound by their Covenant to extirpate shall not his Sacred Person by the same consequence be subject to the like practices from them who have added this clause more than the Papists had in their Covenant to extirpate all without respect of persons The consequent hereof is a thing in it selfe so horrid and injust that the sober Writers against Monarchy have not been ashamed to professe that be the crimes of Kings never so profane yet their persons ought to be sacred not to be violate not to be touched And some of the most active well-willers to the Cause have granted thus much truth to us that difference in Religion makes no difference in the Right of Kings The Lord g Brook professeth he is not of their judgement who say None that are without the pale of the Church
by the two Houses that they insist upon it twice in one leaâ—e of the same b Declaration Their c petitioning his Majesty to pasâ—e an Act for establishing a new Oath and that he would be pleased to enter into a more strict allyance with some neighbour Nations are sufficient convictions of their want of Authority in themselves either to impose a new Oath upon the Subjects of this Kingdome or to enter into a new League with those of another unlesse the consent of his Majesty be first obtained 3. Iâ— any private Men Town City or County may lawfully take this Covenant of their own accord and free willâ— which is the way to ingratiate themselves the more then in other cases of the like kinde they may at any time of their own accord without any command from Superiours enter into a League of mutuall defence with other Countries and binde themselves by a solemne Oath to performance And then farewell not onely the ancient Authority of the King but that moderne Priviledge of Parliament which claimes that d no County can binde it selfe without their consent But if all the Kingdome be therefore bound to take this new Covenant because it comes to them as commanded by the two Houses though there were no Law for it before then must all our Histories be purged all our Law-bookes taught to speake another Language and all those Declarations revoked wherein the Lords and Commons of this Parliament so many e times disclaimed all power of making any new Lawes without his Majesties consâ—nt CHAP. IV. The matter of the Covenant examined and proved first to be against Truth NExt to the Efficient we shall survey the materiall Cause of this Oath and allow it faire triall by the Lawes of God and the Land If it be endited upon the Text of Ieremie 4.2 It will be found guilty in the highest degree as destitute of all those conditions required to a lawfull Oath Truth Iudgement and Righteousnesse For the first though this be for the maine a Promissory Oath to the formall Truth whereof as such no more is required but that the meaning of the parties swearing be truly conformable to the words of their Oath that they truly intend to performe what they sweare yet is not the whole frame of it meerly promissory some assertions are interwoven either actuall or virtuall by way of implication which may be justly suspected for want of Truth and iâ— that be proved upon any one of them all the Covenanteers are ipso facto guilty of perjury I shall but point at some particulars I. Those words wherein they swear the Preservation of Religion in the Church of Scotland do imply that the Religion of that Church is in all the particulars there mentioned Doctrine Worship Discipline and Government according to the word of God Which is justly doubtfull in some and flatly false in others 1. The Doctrine of that Church so farre as it is distinct from their opinions concerning Discipline and Government and other matters of practice I have no purpose to quarrell I acknowledge the ancient Articles of their publique confession for true but if by Doctrine they understand all the modern explanations and other doctrinall positions which have issued from their Generall Asâ—emblies in later times I could bring more instances and more objections against the truth of these Doctrines then I know how to answer But I forbear to make the wound wider then necessity requires 2. As touching their manner of Worship if we should deny they would be hard put to it to prove those formes which they use in Marriage Baptisme the Lords Supper Publique Prayer Preaching Catechizing and other of Gods Ordinances to be according to his word 3. Much lesse their Discipline and Government by Classes and Assemblies higher and lower which they pretend to be iure divino and perpetuall Some of their ablest Scholars have acknowledged their moveable temporary Deacons not to be consonant to divine Institution And if we might be admitted to argue before equall judges we should go near to prove as much against their ruling Elders which first justled the Superintendents and since the Bishops out of that Church If they will submit to that rule the Presbytery in Scripture must submit to Episcopacy that at best was but a Delegacy under the Apostles who were in right the primitive Bishops and from whom ours challeng by undeniable succession II. When they swear the Reformation of Religion in England in Doctrine as well as Discipline according to the woâ—d of God they falsly imply that our Doctrine is erroneus and not according to the word Which though it be scandalous to us is advantageous to the Covenanteers The Articles of our Church most true in themselves cannot be wire-drawne and forced to comply with their designes and therefore no wonder if they desire to have them altered They must therefore set the Diall by the Clock and seeing the present Doctrine of the Kingdome condemnes their practice and opinions they must so farre reforme it that it shall not contradict them When a new Assembly of Divines must be convented to tell the People such things are according to the word of God which all men knew to be contrary to the Law of the Land seeing the Royall assent could not be obteined to authorize a Convention of such Persons and in such an uncouth illegall way as was desired it was inavoydably necessary that the Doctrine of our Church in the 21. Article should be reformed which teacheth That Councells may not be gathered together without the commandment and will of Princes When they are resolved to extort those rights from their Soveraigne by force which he is unwilling to part with upon entreaty then 't is fit the 35. Article be reformed which confirmes the Homily against Rebellion as containing Godly and wholesome Doctrine and necessary for these times In truth never so necessary for any times as these the like whereof England never saw before When they have vowed the extirpation of Episcopall Government Root and Branch is it not high time to reforme the 32. Article which talks of Bishops Priests and Deacons much more the 36. which addes Arch-Bishops and confirmes the book of Consecration and Ordination When that Doctrine must be instilled into the people that the King is no more then the Prince of Orange or the Duke of Venice onely Maior singulis but minor universis and that when his commandâ— and those of one or both Houses are different theirs must and ought to be obeyed as with whom the suprem power doth reside then surely a Reformation of the 37. Article is indispensably and eminently necessary by which the Subjects have been led into that dangerous and deadly Heresie that has cost so many thousand lives That the Kings Maiesty hath the chiefe power in this Realm of England unto whom the chiefe government of all not onely particular persons but Estates of this Realm whether
truly due unto them and the King bound to admit of them These suppositions being granted it cannot be denied but the severall Parliaments all challenging as great Councels to his Majesty whose advice he must follow may advise many things repugnant in themselves and both or all impossible to be hearkened to The nineteen Propositions of the English and the Scots Demands in the Act of Pacification will save us the labour of enquiring into former times or straining invention for possible cases 1. The English advise and require that no Marriage of the Kings Children be treated of without their notice nor concluded without their consent The Scots and Irish having equall interest especially in the Princes Person may require equall priviledge But their publique nationall interests and affections to other States being different their advice and resolution will be so too The Irish may advise and resolve upon a Match with Spaine the Scots with France the English with some other distinct Familyâ— Againe the Scots demand that the Prince may reside with them at some time the English may require his continuall residence at all times at least they may both exact it at the same time So when a these would have him at St. Iames those would have him at St. Andrews Such like for the King himselfe much about the same time when the b Scots exact his residence with them the c Councell of Ireland desire his presence amongst them the d English protest if he leave them they will no longer submit to him so as to be directed by any Commissioner This impossibility will be more considered if we restraine it onely to the time of Parliaments at the same time 1640. there were three Parliaments sitting in the three Kingdomes if they have equall Priviledges all equally require the Kings Presence what shall he do when he is told his absence from Parliament is a breach of Priviledge e against Law against ancient Custome against his Oath Is it possible for him to be in three Kingdomes at the same time Grant him his just Power and he may without inconvenience rule all but if the Supreme Power be in them he will have a hard taske to serve so many masters Secondly if all the Parliaments be considereed as Courts â—nd allowed for Supreme Iudicatories in the severall Kingdomes may not one of them declare Law against another Surely yes we have a fresh precedent for it The Scots were declared Traitors by the Parliament of Ireland 1638. They were declared loyall Subjects by the f Parliament of Scotland 1640. And their Actions were condemned to oblivion by the Parliament of England 3. Lastly if each Parliament be considered as the Representative Body of the respeâ—tive Kingdomes with a power to enact order or ordain whatsoever they shall hold fitting or of publique necessity and the King be bound by his Oath to passe all the Bills which shall be pesented under that notion as they have formerly before the union of the Kingdoms made many g contraâ—iant Laws so will they do again for the interests of the Kingdomes being severall in themselves none having any mutuall dependance or superiority above another the titular union in the same King will be found in effectuall to reconcile their differences if he be not Supreme in the old received sense but onely in the new-coyn'd notion of coordinate as some or subordinate Supremacy as others wittily have expounded In any such case of difference whether in matter of State or of Law a mutuall preservation of the Priviledges of all the Parliaments will be utterly impossible both for King and Subject to preserve one is to destroy two III. Every Covenanteer undertakes more than he is able to performe when he sweares not barely to endeavour as in other Articles but actually to assist and defend all those that enter into this League and actually to reveale and make known all lets and impediments against it Though they have a will to do it yet they may want meanes to effect it If they do not send assistance to any Covenanteer when it is demanded or what they do send be not sufficient to defend him they faile in their Oath and were to blame they did not use the word endeavour here which is so carefully inserted in other places IV. Nor can the most confiding of them be assured that he shall not suffer himselfe directly or indirectly by whatsoever combination perswasion or terrour to be divided from this union As it is not in any mans power to hinder other men from using what Arguments they can to perswade him so neither can he totally hinder those Arguments from leaving any impression in his soule Besides daily experience of many flitting from that cause to which they were sometimes as zealously addicted as any witnesse Sir Iohn Hotham and others there is reason why it should be so in spite of any resolution to the contrary Though ambition avarice passion or prejudice make men very willing to have that passe for true and good which they affect and â—o first stagger their judgement which at last fixes in a resolution not to examine any grounds of the contrary part which they hate Yet the variety of successe may so much alter the face of things the inconstancy of humane nature may so farre comply the light and evidence of the object may be such as will dispell all those mists of the understanding and prevaile against any obstinacy of opinion But if they meane by this Oath such a resolution Non persuadebo etiamâ—i persuaserâ— that against the light of their own consciences they will still persevere in the same courses though they be never so much convicted of their unlawfulnesse they do but adde Heresie to Perjury For a pertinacious maintaining of an opinion after a man is convicted that it is erroneous I take to be the very formality of Heresie and that which I suppose the Covenanteers have sworne to extirpate V. It will not be denied but if one part of the Covenant either in terminis or by implication contradict another then it will be impossible to performe both And I pray what are these but contradictions 1. That all the Covenanteers in the three Kingdomes should professe to be of one Reformed Religion and then sweare to preserve it in one Kingdome but to reforme it in two 2. To preserve the Kings Person without respect of Persons This they vow in the second Article and that in the third 3. If the Parliamentâ— beâ— as they conceive the supreme Iudicatories in the respective Kingdomes with what congruity doe they sweare to preserve the Rights and Priviledges of the Parliaments in all three Kingdomes and then that all Delinquents shall be punished by the Supreme Iudicatories of both i.e. onely of two Kingdomes No marvell if some parts be liable to contradiction when the whole Covenant is ushered in with a grosse absurdity which has influence upon every sentence in it When each
have right to any thing here below but clearly conceives a heathen Emperour may be as lawfull a Monarch as any Christian Prince And I shall subâ—ect this reason to it because Temporall Dominion respects men as they are men in a civill politique capacity not as they are Christians Papists Protestants of this or that Religion We need not fetch precedents from forreigne Countries the approved practice of our own Kingdome will confirme us in this Truth After the death of Edward the sixth when the Protestants could see nothing in Quâ—en Mary but what threatned ruine to their persons and if it were in her power to their Religion too yet they never questioned her right of succession to the Crown because she was a Papist Nor did the Papists upon that ground oppose against Queen Elizabeth in the first Parliament of her Reigne If it be needfull to adde any examples from Scripture we shall there reade that divers Kings of Israel were Idolaters h Solomon Amâ—ziah Manasseh Amon and though the i Law was punctuall that Idolaters should be put to death yet we shall never finde that either the People did or the Prophets exhorted them to attempt any thing against the Persons or to withdraw their Allegeance from the Government of those idolatrous Kings This present Oath then is in that particular injust because it provides not for the safety but implicitly vowes the destruction of his Majesties Person in case he be thought obnoxious to Popery Prelacy Superstition Heresie Schisme or Profanenesse all which the Covenanteers sweare to extirpate without respect of persons VIII Those Malignants or evill Instruments whether truly so called or falsely suspected must all be brought to their triall and receive punishment as the degree of their offences shall require or deserve or the Supreme Iudicatoryes of both Kingdomes or others having power from them for that effect shall iudge convenient So as though the supposed offence of a Malignant do not deserve to be punished with confiscation of his Estate with death or bands yet if it require it or if the Supreme Iudicatory what that meanes I do not question nay if any inferiour Iudge delegate from thence shall thinke it convenient be the crime what it will never so small never so great be the Law for punishment of it never so expresse all this is not considerable these Iudges are not tied to any rules of Law but convenience If they thinke fit the killing of a thousand men shall be lesse capitall than the cutting off a dogges necke Treasonable words against a worthy Member shall be severely punished but against the King they shall passe unreproved What though there be lesse justice there is more convenience in the killing and slâ—ying all such as are made Delinquents by Vote then in discouraging such as are Traitourâ— by Law For any Iudicatory to arrogate a power of punishing offenders meerly as they shall judge convenient and condemning them because they will though the degree of the offence do not so deserve is most tyrannicall and injust and to delegate such a power to others as they cannot challenge to themselves is to propagate injustice for convenience sake In this Covenant such a power is pretended to be due to some and deriveable upon others and all the arbitrary exorbitant sentences which either those supreme or these delegate Iudges shall thinke fit to passe all the Covenanteers sweare to endeavour CHAP. X. That the Covenant is repugnant to those generall ends for which it is pretended to be taken HAving dispatched the Efficient and Materiall we proceed to examine the Finall Causes of the Covenant which are set down in the Title and Preface to it they are we confesse very good in themselves but such is the nature of the Covenant that the taking or observing of it is either inconducing to or utterly inconsistent with those proposed Ends and therefore unlawfull I. The first maine End is pretended to be here what in Truth should be the supreme End of all humane actions The glory of God However some seduced Zelots may have an actuall intention of referring this their Oath to that End yet the thing in it self being incapeable of any such relation there cannot be a greater profanation of Gods Ordinance or indignity offered to his Honour than the abusing of his Name to unlawfull acts Uti Deo ut fruamur mundo They who least reckon of his glory are most ready to make use of that pretence All the Popes Bulls thundered out against Princes did ever begin as this Covenant doth with a Nomine Domini Having before our eyes the glory of God There is nothing more certaine then that the sinfull devices of men do not conduce to the glory of God II. The next generall End is said to be Religion pure Religion a common cloake for Rebellion in all age Saepius olim Religio peperit scelerosa atque impia facta The Sicilian Vespers the Massacre at Paris the Gun-powder Treason were all forsooth pretended to be for the advancement of the Kingdome of Christ for the Reformation and Defence of Religion By which I suppose the Covenanteers understand the true Protestant Religion in opposition to Popery Yet I am confident this course of theirs tends more to the advancement than extirpation not onely of Popery properly so called of that Pope which every man has in his own belly but even of Romish Popery and serveâ— rather to confirme that Antichrist in his Throne then any way to weaken his force I am quite of another minde then a M. Henderson had the Pope of Rome knowne what was done that day when he made his Speech at Westminster it would have made his heart dance for joy to see the Protestants mutually vowing the destruction and extirpation of one another Hoc Ithacus velit This is not the way to unite our selves against the Common Enemies b who are the better enabled by our Divisions to destroy us all When Beares and Lyons goe together by the eares it is victory to the sheepheard if both be destroyed We are now doing that of our owne accord which the Pope with all his arts and industry could never bring about He prayes for the continuance of our Warres as the establishment of his peace with that old Roman Maneat quaesâ— duretque gentibus si non amor nostri at â—erte odium sui Quando urgentibus Imperii fatis nihil jam prestaâ—e fortuna majâ—â— potest quà m hostium discordiam They who in cold bloud pronounced the peace and quiet of this Kingdome to be the c onely visible meanes under God to preserve the Protestant Religion if â—hey now sweare no peace but utter extirpation Iurata nepotibus arma sure the care of Religion is the least thing that troubles them This then is one meanes whereby the Covenant advanceth Popery confessed and visible our distractions amongst our selves there is a second more close which I doubt the Iesuites and other Emissaries
to the maintaining of an unnaturall Warre in the bowels of England The Covenanting Committees have committed more rapes upon the common Liberty in one yeare than all the Courts of Star-chamber and High Commission from their first Erection Iudges have been taken off the Bench by armed men and sent to Prison for refusing to do against their Oaths and conscience as Iudge Mallet Others have been so awed that they durst not do their duty and the better to hold a rod over them they have been impeached and committed for High Treason yet brought to sit upon the Bench again before any Triall or Sentence of Absolution as Iudge Bartlet Commands have been sent to prohibit their proceedings in severall particular cases Iustices and Iurors have been superseded from enquiring upon Routs and Tumults and the common Iustice of the Kingdome hath been obstructed by Ordinances prohibiting the holding of Assises notwithstanding the Generall Protestation for the free course of justice New Oaths are enforced upon the Subject without Law The usuall course of pricking Sheriffes not observed but mock-Sheriffes appointed by a new forged Broad Seale Master White and his assistants triumph in the Suspension Sequestration or Deprivation of many painfull learned and pious Ministers Many noble Personages and other Patriots are Parliament-men in name but the Power and Authority is wholly devolved upon a few whose resolutions and determinations if they be brought at all are onely brought into the House for countenance and execution not for debate and deliberation All military charges encreased and exercised Souldiers against their will daily pressed by Ordinance contrary to an Act made this Parliament Are we any whit the more secured in our persons or estates so long as the root of all these evils is not truly taken away but onely transplanted Which was acknowledged to be the Arbitrary Power formerly pretended to be in his Majesty but now usurped by the Covenanteers of taxing the Subiects without consent by Act of Parliament If the blow be the same it smarts as sore whatever hand inflict it To change our masters is not to be free If they truly confessed in the case of Hull it were in them an Act of high iniustice should they destroy mens properties when we see them daily do it must we call it therefore just They have urged against the King what holds strongest against themselves k If by Law they might charge the Subiect for defence of the Kingdome in time of danger they were ill advised that desired aide of the Subiect in such times and engaged themselves as we know they have done without a salvo jure for repayment Admitting it should be so that without this power of imposing Contributions it were impossible to defend the people it followes not that therefore they may impose such Contributions l If M. Pym's excuse be yet authentique the same Law that enables them to raise Forceâ— for defence of the Kingdome enables them to impose Taxes for maintaining them otherwise that power were vaine and uselesse it will serve the King in good stead he it is who is entrusted with the power of defending the Kingdome he to whom the two Houses themselves sue for protection he to whom they confesse m All mens persons lands and monies are subiect for the publique good V. The last generall End of the Covenant is Peace it is trueâ— the chiefe Covenanteers did once professe their detestation of a Civill Warre n If it might be avoided without alteration of Religion which they conceived to be the main End of their Enemies and such as would draw with it lâ—sse of Liberty and subversion of Law This now appeares to be their own main End for what else is intended by their Oath for Reformation of Doctrine and extirpation of the Government in our Church What was it that altered the Popish Religion into Protestantisme but Reformation And do not these aime at a greater alteration both in Doctrine Discipline Government and Worship than ever the Papists went about If they had been cordially affected to Peace we had never been driven to these sad extremities of war They might have had it before the Sword was drawn or a blow struck no new Religion was pressed upon them no Law denied which might conduce to the publique safety Since the warre begun severall Treaties for accommodation have been proffered to them the most rejected others made fruitles by them But if war be the onely meanes to procure Peace if weakening and impoverishing the Kingdome be the way to preserve it what hopes have we but in desperation May they not yet have Peace if they will embrace it with the same Religion the same old Lawes A gracious pardon is freely offered to all that will accept it The happinesse of a blessed peace concluded between the two Nations what hinders the continuance of it Extirpation of Church Government was no condition of that Pacification Certainly then these destructive wayes of the Covenanteers do not lead immediately to it but are they likely to end in Peace Yes when they have extirpated all opposers Vbi solitudinem fecerint pacem appellant Yet I doubt of that too The chance of Warre is uncertain they could not bring their ends about when they had more strength and lesse opposition which if they shall ever do they must know that Lawes made by the Sword are but short-lived they will be unmade so too Doe they hope so throughly to root up the Royall Vine and spoile the Branches that there will not be left {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} so much as to powre upon the Goates hornes There will never be wanting a Title to the Crown and justice or compassion or faction at home will finde and interest abroad will lend a sword to defend it Besides it will aske some time to extirpate Popery Prelacy Delinquents Malignants c. who being all declared Traitours and by this Covenant devoted to destruction sure they will sell their lives as deare as they can they can expect no worse by fighting than they must undergo by submitting it is more honourable to die by the sword than by the halter Moriendum victis moriendum deditis id solum refert novissimum spiritum per ludibrium contumelias effundant an per virtutem But say the Covenanteers should at last be masters of their most improbous desires the Kingdome by that time will be so exhausted of men and money and other necessaries by a long Warre and the consequents of it Plague Famine and Decay of Trade that it will be exposed for a prey to any stranger that shall thinke it worth invading who cannot want as faire a colour as the Scots either to interpose as Mediators to propagate their Religion to protect or rescue or revenge their injured friends Or if all other States should be asleep while our house is on fire what security can we have from our deare Brethren of Scotland whoâ— though it
be in Gods Cause will not worke but for their wages and to enhanse those they may prâ—tract their service so long till all our Treasure will not pay them and they who come to be partners will at last look to be masters Aske the Stories which will not flatter what was the event of calling the Saxons and Normans into this Land We have nothing to secure us from the like now save onely the innate candor and veracity of the Nation so much famed in their own and ours and forreigne o Histories Sic notus Vlyâ—ses But if the Scots should prove as honest as they are wise would there be any certainty of Peace among our English Covenanteers I conceive not Consider them of two sorts the one engaged out of conscience the other for politique ends For the first how shall so many different Sects be reconciled who are bound by their Oath to extirpate all Schisme They must fall to it pell mell the Presbyterians Brownists and other Separatists must fight it out It is not a Parliamentary Power that will restraine them The same principles which are produced now against the King will serve then against the States Their obligations are reciprocall and if their Excellencies faile in their trust they know what followes If any insolent demand of popular zeale be not hearkened to presently Ad arma Any turbulent Volero any factious Boâ—tefeu may set a City on fire but it requires paines and skill to quench it Quippè in turbas discordias pessimo cuique plurima vis pax quies bonis artibus indigent For the second sort of Covenanteers the Politicians though their stomackes be stayed for a while and the common enemy do yet unite them when he is taken out of the way those coales of dissension which can at this time scarce be smothered will then burst out into open flames Essex and Waller Manchester and Willoughby Denbigh and Purefey Brereton and Ashton will then try the strength of their parties The hopes of sharing the meanes of the Church and Delinquents Estates and succeeding in the chiefe Places of Honour and Profit in the Kingdome which now whets their swords against those that hold them if they misse or fall short of those hopes will set as sharpe an edge upon them against their new Rivals they must needs fall â—ut about dividing the spoile For the preferments being not equall in number to the Competitors some must be put by and perhaps those that are advanced will complain it is below their merits when every man shall set the rate upon his own Treason but a few will be satisfied This will beget new discontents and those will beget new feares and jealousies and these will require new Officers of State such as may be confided in and what Peace what safety is like to be in the end of all this Very little unlesse some of the Royall Race again as Augustus in the Roman State Cuncta discordiis civilibus falsa nomine Principis sub Imperium accipiat CHAP. XI That the particular Ends of the severall Articles are likewise inconsistent with the matter of them I. AS the whole Covenant is either inconducing to or inconâ—istent with the generall Ends for which it is pretended to be taken so are the severall Articles of it to those particular Ends which are specified in them The Reformation vowed in the first by such a violent course as they now endeavour it we have alreadâ— proved to be no meanes but rather a hinderance to the growth of Religion and so to that Life in faith and love and cohabitation of God among us which is the End proposed to that Article The like violent Extirpation of Prelacy which is no sin vowed in the second is so farre from preventing the inconvenience there mentioned partaking in other mens sinnes that all who vow it are thereby guilty of sin much more they who attempt to do it in such a disorderly way and most of all those who by feare or threatening which is a morall compulsion force other men to enter into their Covenant who are either perswaded in conscience of the iniquity of it or cannot take it without reluctancy and doubting and so not without sin These men making it a touch of other mens affections and the refusall of it a pretence to spoile and plunder so causing them to sweare who if they do must forsweare are most properly and truly partakers in other mens sinnes II. Lastly their End of swearing the third Article to maintain the Rights and Priviledges of Parliament and the Kings Person and Authority is said to be That the world may beare witnesse with their consciences of their loyalty that they have no thoughts or intentions to diminish his Majesties iust power and greatnesse This is vain and impertinent for the world cannot see into their consciences nor judge of their thoughts and intentions otherwise than by their actions It is acknowledged by the Lord a Brook That Powers are God's Ordinances set over us for good and that Kingdomes certainly in holy Writ have more for them than any other Government But let the ius Regium be never so much by Scripture our King must be allowed no more than he can entitle himselfe to by the Law of the Land nor so much neither by the good will of the Covenanteers That the world may have some evidence to passe sentence upon we shall propose a few particulars wherein the Kings iust Power hath been diminished if not abolished by the Master-Covenanteers 1. The Kings of England have been anciently so fully invested in the Legislative Power that most of the Common Lawes we are now governed by do owe their creation or conservation to the meere mercy of the Conquerour Magna Charta was first granted by Henry the Third b of his meere free will c. Other Statutes which passe in number and have still the force of Acts of Parliament are directed as private Writs with a Teste meipso and the common stile of most others runnes in this strain The King with the advice of the Lords at the humble Petition of the commons wills c. The forme of passing Billes which is still observed is Le Roy le veult and Soit fait commâ— il est desire Hence some have collected that the Rogation of Lawes belongs to the two Houses but the Legislation to the King that their Act is Preparative his onely Iussive The Covenanteers have not onely diminished but d contrary to their Declarations utterly deprived him of this so iust so necessary a power without which he cannot performe his trust nor discharge his Oath to his Subjects For they e challenge him as bound to passe all Billes that shall be presented to him as for the good of the Kingdome whereby they do not leave him so much power as the meanest Cobler that gives a voyce in the Election or the Burgesse that is returned and sits in Parliament
for any Borough For any of these may freely Vote in the passing of any Billes and when there is an equality of Suffrages in the rest of the Members his single voyce may carry it and make that Bill a Law or no Law But the King must not meddle in election of Members he must not take notice of any Bill till it be brought unto him for his assent and in case he refuse it must be a Law without him Witnesse the Ordinance for the Militia f and that for Tunnage and Poundage besides infinite others to which his consent was never so much as asked yet are they put in execution with rigour answerable to their power 2. The King has a just power as to divers other purposes so g to passe Acts of Parliament by his Great Seale In diminution of this power they have declared against his forced absence from Westminster as illegall and made an Ordinance that all things passed by him under that Seale shall be void 3. The Kings just power in declaring Law has been formerly so great that his Letters have been taken for sufficient Warrants and directions to the Iudges to proceed by and his h Proclamations to severall purposes of no lesse force than Acts of Parliament But now that power is wholly i protested against as illegall and protection is promised to all such as shall oppose it Yet the ground of it declared in the preface to that Act 31. Hen. 8. is still the same The Supremity of the Regall Power given by God and the reason of the k Repeale is quite ceased which was a willingnesse in the King to gratifie his People and upon trust that they would not abuse the same but rather be encouraged with more faithfulnesse and diligence to serve his Highnesse 4. The Kings power in executing Law â—ath been alwayes conspicuous and undeniedly just in granting out Commissions of Oyer and Terminer for the holding of Assises l and in adjourning the Terme to what place he should thinke fit a power as anciently due so of late acknowledged in an Act made this Parliament for the abbreviation of Michaelmas Terme Yet have the Covenanteers m forbid any Assises to be kept they have voted the Kings removall of the Terme to be against Law and promised to keep indemnified all Iudges and others that shall disobey his Majesties Proclamations in that behalfe 5. The power of making Iustices of Peace is so entirely the Kings by n Law that it depends wholly upon his pleasure and will Yet would the Covenanteers diminish his power for they o require that such may be put out of Commission as they desire and such put in as were removed without their consent 6. The power of pardoning is so inseparably and absolutely the Right of the Crowne that the p Law estates it wholly and solely upon the King And it is not long since the Covenanteers did q confesse as much Yet is nothing more frequent in their Ordinances than to promise protection for the time to come and impunity for the time past And does not their Covenant vow the punishment of all Delinquents without any hope of pardon from his Majesty or themselves 7. The Kings power over his Household and the choice of his Officers is so just and reasonable that they have not stucke to r acknowledge it an undoubted Prerogative to dispose of preferments in his own Family Yet next to the robbing of the Church nothing is more aimed at than to robbe his Majesty of this piece of Soveraignty to get the disposall of his Servants and marriage of his Children into their hands as the nineteen Propositions first informed us and their actions since abundantly confirme 8. The Law hath placed in the Kings Person a power to protect all other persons as s themselves confesse in terminis and to desire him to part with this power is such a supposition as cannot fall upon a Parliament Yet has it been long and still is their utmost endeavour to devest his Person of that power by excluding him out of the exercise of the Militia to deprive him of all those meanes whereby he should protect both himselfe and others by declaring his t personall Commands of what nature soever to be of no force and by putting such a u distinction betwixt his Person and his Office as under colour of defending this exposeth that to the vilest attempts that any Traitour can plot or any Assassine commit 9. That Supremacy of Power which the Law placeth in the King * over all States as well as over all particular persons which all the Subjects of this Realme and the Members of Parliament more particularly are bound by Oath to acknowledge and maintain which they grant to be due unto him when they desire him x to protect them in their priviledges and challenge such protection as due from him when they make all their addresses unto him by way of Petition and stile him constantly in their Acts their onely Soveraigne Lord Yet the Covenanteers endeavour to disseise him of this supreme power some by making the Houses coordinate with him others by making him subordinate to them and upon that ground justifying their taking up Armes against him 10. Lastly though the power of calling and dissolving Parliaments as well as the appointment of the time and place hath ever y belonged to the Kings of this Realme yet is this z denied to be any Prerogative and advantage taken from a late Act contrary to the Kings intention and the Kingdomes expectation contrary to the equitable meaning of that very Statute contrary to the promise of the Authours to the inestimable prejudice of his Majesty and the great griefe of his Subjects who are hereby deprived of the benefit of all other good Lawes and more particularly of that for the frequency of Parliaments First it is undoubted neither King nor Kingdome ever thought to have seen the sad effects of that Act for continuance of this Parliament which they now feele Secondly the Act it selfe though it be not limited to any determinate time is in its own nature but temporary It was made for a transient cause that the Houses might finde credit for the raising of such money as was then necessarily to be advanced a as accordingly they did And that rule in the Civill Law Cessante causâ cessat Lex the Lords and Commons have b declared to hold good in Acts of Parliaments thence concluding that Act 5. Hen. 4. for the Commission of Array to have expired with the cause of it though it were never repealed Thirdly they did promise c that the gracious favour of his Majesty expressed in that Bill should not encourage them to do any thing which otherwise had not been fit to have been done They having failed in the performance of that trust whether is not his Majesty in equity free from that restraint
wch in confidence of their loyalty he brought upon himselfe And if they shall refuse ever to consent to an Act for Dissolution as unwilling to part with that Paramont power which they have now possessed themselves of whether is the King and Kingdome left without redresse or may it not be lawfull for him to resume his ancient Right Especially considering the House of Commons did d professe to the Kingdome that the restraint of the Royall Power in that particular was not to take it out of the Crown but to suspend the execution of it for that time and occasion onely which occasion is now over and the time long ago expired It is full time that the Bill for the Trienniall Parliament take place at least once in foure yeares if not those other two e Lawes for holding a Parliament once every yeare If they be still in force what hinders but they may be put in execution Nothing but the rigid interpâ—etation of that clause in the late Act which requires that this Parliament shall not be dissolved unlesse it be by Act of Parliament to be passed for that purpose Yet Custome or Desuetude are allowed to prevaile against those very Lawes which are made with speciall provisions that no Custome or Desuetude shall prevaile against them Suppose all the Members should be taken away by death before any Act passed for the Dissolution of this were it not in the Kings power to call another Parliament because the Act for continuance of this is not repealed Those two former Statutes of Edward the Third though never repealed yet were as good as void by disuse When Paâ—liaments in that Kings time were made so frequent they became a burthen to the Subject and therefore it was found requisite in the Reigne of his Successour to make a penall f Law to inforce the Members to obey their Summons And I finde in the g History of those Times that the Clergy granted a Tenth and the Laity a Fifteenth to the King upon condition that he should not call any more Parliaments within the yeare Scilicet à Calend. Mart. usque ad festum Sancti Michaelis anno revoluto The non-observance of which condition is objected to that King So farre different was the opinion of those dayes from these of ours concerning annuall or perpetuall Parliaments Though all former Statutes are repealed by the later even then I suppose in judgement of Law when there is no speciall mention made of any Repeale and notwithstanding the former require to stand unrepealed unlesse it be by speciâ—ll Act. Which clause may be thought of as little use in this case as that we meet with in â—ome of our Statutes which pronounce themselves perpetually to be observed notwithstanding any Act of Parliament made or to be made to the conrary this will not protect them against a future alteration or repeale Yet I will not affirme that the Act of Pacification though it was made since the Act against the Dissolution of this Parliament is an Act passed to that purpose however there be something in it that may be applied that way For it buries in forgetfulnesse not onely all acts of hostility which might be conceived to arise upon the comming of the Scotish Army into England but all Counsels having relation thereunto that the same and whatsoever ensued thereupon trenching upon his Majesties Honour and Authority be held and reputed as if no such thing had ever been thought or wrought It is too apparent that the former Act for continnuance of this Parliament trencheth very deep upon his Majesties Authority and had a very neare relation to the businesse of Scotland being obtained for the more easie raising of money towards the payment of the Scots and concluding a firme peace between the two Kingdomes Besides there is a speciall proviso in that Act of oblivion that it shall be no prejudice of the brotherly assistance promised to the Scots which assistance was agreed on by Act of Parliament but no proviso for saving any other Act incompatible with this and we use to say Exceptio firmat regulam in non exceptis But where the words of the Law are ambiguous we must not presume to fasten our owne sense upon them but submit to the Declaration of the Law-giver the King who by the advice of his learned Councell without calling a Parliament may expound the Law where it is doubtfull as his Predecessours h have done in other caseâ— It is further observable that the same Statute which sayes this Parliament shall not be dissolved sayes also it shall not be adiourned unlesse it be by Act of Parliament to be likewise passed to that puâ—pose Yet we know the two Houses i did and lawfully might adjourne themselves from Westminster to London without any Act passed to that purpose Why then may not the King command them at least their chiefe Committee to adiourne from that place where they now sit to some other of more safety where all the Members may freely meet and consult If the freedome of the place be so necessary to all Councels that the want of it hath been ever objected and that justly as a nullity to all their proceedings and in particular the supposed Designe of bringing an Army to awe the Parliament or any attempt of force against the Members have been truly k declared an endeavour to pull up by the root and totally to subvert the Parliament and to tend to the destruction of the very being of Parliaments if the want of freedome and safety be truly l declared a thing inconsistent with the nature of that great Councell Then undoubtedly so long as Westminster does not afford security and freedome to the Members so long no true Parliament can be there which should be as free from apprehensions of force as from imputations of Faction I would willingly learne but I cannoâ— finde a Teacher wherein the Fundamentall Lawes of the Land consist For if the taking away the Kings power to dissolve adjourne or prorogue Parliaments be against the Fundamentall Lawes m then no Statute makes it good Now whether the perpetuity of a Parliament do not tend to the alteration of the Government and so be against the Fundamentall Law whether the forced exposition of the late Act against Dissolution extending it beyond the time and occasion for which it was made do not make it as good as perpetuall Whether this do not make way for the finall ruine of all Parliaments in case the City should be surprised by an Enemy the King or Members all taken away by Death before any Act be passed for Dissolution Whether for defect of an Act it may not be dissolved by Ordinance by the same Fundamentall Law by which this new Oath is imposed whether it be not good in reason yet it must be good in Law that a Body Politique may decree by what death they will die by Act by Writ by Ordinance by
incapeable of any benefit or office in the Kingdome Lastly the case in England and Scotland is not now the same the edge of those Lawes which were formerly urged against them is taken off by a late p Act of Parliament Whereas our Lawes stand yet in full force and no man can be assured but the King may one day recover so much strength as to put them in execution 11. The next Assertion being equally false is equally destructive to the foundation of this Covenant which is not as is affirmed according to the example of Gods People in other Nations which Text if we expound by q M. Hendersons Comment either of the Israelites of old or the Protestants in Germany and the Low Countries of later times it will but serve to set out the ignorance or impudence of the Contrivers It is true the Iewes made many r Covenants but none like to this For 1. All theirs were terminated within themselves they did not vow the Reformation much lesse extirpation of any Common Enemy Syrians or Babylonians of another Nation or Religion for which yet they might have a better colour then our Brethren of Scotland now have 2. The object of their Covenants was not like this of oâ—rs no pretended Priviledges or disputable Liberties in matter of State nor any conjecturall fancies or probable opinions in point of Religion but either an universall obedience to the whole Law or a more strict observance of such particular Precepts wherein they found themselves most defective 3. No one of their Covenants was ever sworne against the will of the Magistrate but alwayes at the personall command and example of their Supreme or at least subordinate Rulers not opposed but countenanced by the Supreme A circumstance which had it ever been omitted by them might have been thought lesse necessary in regard the matter of their Covenant was alwayes enjoyned by God himselfe Next for Germany we must remember that Countrey is of a much distant constitution from the Kingdome of England Many Princes and some Cities there doe not acknowledge the Emperours Supremacy as we doe our Kings yet never made any such Covenant as this against him The first and principall by the Protestants at s Smalcald was not of sworne Subjects against their Soveraigne but together with their Princes for mutuall defence onely not to offend any And their last Covenant in the Pacification at * Passan after much effusion of blood and the ruine of many Noble Families ended in this that no man should be troubled for his Religion whether Romanist or Reformed Lastly the highest straine that I meet with in any Covenant made by the Protestants in the Low Countries is no more then this t To defend themselves and oppose the Inquisition The never vowed to extirpate either Popery or Prelacy though the Prelates were of a different Religion but in some of their u Covenants bound themselves to preserve them and plead in their Petitions for the expediency of tolerâ—ting divers Religions in the same State Nor can I but admire the confidence of that Orator who would impose upon his Honourable and Reverend Auditors a thing so contrary to all experience urging the example of those Countries for extirpation whose constant and continued practice in the toleration of all Religions is almost without example If this be not enough to disprove the truth of this ground their owne Writers * M. Henderson M. Nye and M. x Mocket shall witnesse against it who with one mouth confesse this Covenant to be such a thing as they never read nor heard of nor the World ever saw the like It is not then according to the former practice of these Kingdomes nor the example of Gods People in other Nations Onely the Holy League in France which y some of our Covenanteers so much disclaime was so fully parallell to this in all circumstances that if I had leasure to confront them the Reader would say Bithus and Bacchius were not more alike I could with a wet finger out of the z Authenticke Histories of that League derive the whole pedigree and progresse of this and point out thence the maine Heads and particular insinuations of such Remonstrances and Declarations as ushered this Monster into the world Sed spatiis disclusus iniquis Praetereo CHAP. III. The unlawfulnesse of this Covenant in respect of the Cause Efficient as made by Subjects against the will of their Superiour in such things as necessarily require his consent HAving discovered the grounds of the Covenant to be false we may well presume the superstruction it selfe is rotten and ruinous as will more fully appeare upon a strict survey of all its causes and ingredients First in respect of the Cause efficient which is the parties covenanting swearing vowing and inter-leaguing one with another the unlawfulnesse of it does appeare in this that it is made by such as are or should be what they professe Subjects all living under one King not onely without any leave obtained or so much as once desired but contrary to the known will and expresse command of this their lawfull King and that in such matters whereto his consent and approbation is necessarily required without which they could neither lawfully take it at first nor after his dislike is made known to them ought they to persist in it so as to hold themselves bound by it though the matter of it were in it selfe otherwise just and good For without controversie the parties Covenanting as to some parts of this Oath are as much subject to their supreme Head the King as the daughter to her father or the wife to her husband I shall not here need to question whether the King be Minor Vniversis it will serve the turne if he be Maior Singulis for in this Oath every man sweares for himselfe as a private person not in any publique capacity If then by the a Law of God the vow of the daughter or wife was so farre in the power of the father or husband that he might confirme or cancell it as he pleased and God refused to accept of it from the woman unlesse the man to whom she was subject did ratifie and allow it Vpon the same ground of subjection though the matter vowed in this Covenant were not otherwise unlawfull yet being such wherein the parties vowing are and ought to be subject to the King it is in his power to irritate their Oath to declare it void and null and if they persist in it they sin 2. This shewes the Covenant to be unlawfully taken but much more unlawfully obtruded upon others as a new solemne Oath which they have no authority to impose that do it The same Engine by which they dismounted the late Canons and diâ—charged that Oath will serve to fetch off any Ordinance oâ— Lords and Commons commanding this That a new Oath cannot be imposed without an Act of Parliament was a Truth so undoubted
of them before the preservation of the common Liberty His Majesties Person and Authority For so it is declared q that the Kings Authority and Person can be no way maintained buâ— by upholding the power and priviledges of Parliament V. That passage where they sweare the discovery of all such as have been or shall be Malignants c. carries with it a probable injustice and certaine inconvenience For it engageth every Covenanteer not onely to be a common delator and accuser of his Brethren but even of himselfe too if he ever were or shall be any way guilty The old Oath Ex officio so long cryed out upon as unnaturall and injust that it was thought fit to be abolished by an r Act made this Parliament was not halfe so bad as this new Oath is For by this a man sweares to discover himselfe though there be no common fame against him never any suspition of him though no Iudge ever question him no other person accuse him though he be now reformed and have altered his resolution yet if he was ever peccant he is bound by this Oath to discover himselfe that he may come to his tryall and so receive condignâ— punishment VI That last clause to bring all to publique triall that they may receive condigne punishment carries fire in the taile of it sufficient to consume the better halfe of the Kingdome It is but a small matter to tell their Souldiers that if they deny Quarter to any Malignants in his Majesties Army they are guilty of perjury by anticipating that tryall which by this Oath they shall be brought to I shall rather apply my selfe to the Lords and Commons at Westminster who have already passed sentence s That all such persons as upon any pretence whatsoever assist his Majesty in this Warre with Horse Armes Plate or mony are Traitors unparalleld Traitors and ought to suffer as Traitors and their punishment is here Vowed as it was before threatened to be speedy and exemplary How the King of Denmarke or the Prince of Orange will escape does lesse Trouble me then to see the sworne cruelty of these Covenanters who have vowed the hanging of the greater part of this Kingdome and without any hope of mercy or pardon If it were to be doubted which party were guilty of Treason those whom the King hath proclaimeâ— or whom these Votes have declared yet this is out of question that many who sometimes assisted the one are now turned to the other side many yet perhaps assist that party with money to which they are lesse cordially inclined if all these as they are declared Traitors for so doing t upon whatsoever pretence they did it must suffer the condigne punishment of Traitors the Covenanteers will have as little comfort in the payment of this Vow as Iephta had in his If the City be not startled at this consequence yet for pities sake to their poore friends in the Countrey who have payed Contributions to His Majesties Army let them put on some bowels of compassion let not judgement so farre triumph over mercy as to vow nothing but punishment no pardon Why should they devote that little blood to the axe or the halter which the sword shall spare in this gasping Kingdome We have not forgotten him that told us what we now finde they were not in a right way that made choice of such a Rubricke to their Reformation And those who Sit and Vote and vow to punish according to those Votes may remember if we be Traitours it is not long since they were so and it is not certain what they may be VII When each man has sworne to go before another in the example of a reall Reformation he is bound upon his Oath not to expect till a generall Reformation be publiquely debated and agreed upon not to forbeare till he see whether the right rule will be commended to him in an orderly way he must not stay for the command of Authority or company of his neighbours but where he conceives the Doctrine to be erroneous the Worship superstitious or otherwise faulty the Discipline and Government not so exactly according to the Word he must presently fall aboard with his Reformation worke publiquely professe what his opinion is and apply himselfe to the practice of that which he is perswaded in his own conscience is right and must endeavour to set up that Idoll in the Church which he has already erected in his own imagination and labour to extirpate all that oppose it and refuse to bow down to it that so he may go before others in the example of a reall Reformation And surely those Brethren in London who begin to joyne themselves into Church Societies are thus farre to be commended What though it be as the u Assembly tell them unfit uncomfortable unseasonable yet being by them iudged lawfull now after they have sworne it becomes necessary And I wonder why the Presbyterians should not be as zealous in fetting up their Government and endeavouring to goe before others in an exemplary way I wish they would begin their Reformation in London with extirpation of Schisme which it will be no hard matter to finde and by that time it shall be extirpate out of the City Religion and Peace may once again revisit the Countrey CHAP. VII That many things vowed in this Covenant are not possible to be fulfilled TO make good this charge which is a further â—vidence of injustice in the Covenant as involving the takers in down-right perjury we shall propose such particulars as are either morally or absolutely impossible to be performed I. That constancy of endeavour and zealous continuance which they sweare to use all the dayes of their lives in the observance of most Articles is more than they can assure the work of Reformation may be longer and their other avocations greater than they imagine and in the interim of their hopes their endeavours may flagge and their zeale remit Besides the particulars of their Vow are so many and of so different natures as must needs distract their thoughtâ— and employments which being fixed upon some must divert their endeavours from the rest And if they shall in truth all the dayes of their lives endeavour to extirpate the Government of the Church they will never live to effect it II. The mutuall preservation of the Rights and Priviledges of the Parliaments in all three Kingdomes cannot alwayes be possible To evidence this Truth I shall suppose what the Covenanteers will easily grant First that the word Parliament is here secondarily if not principally intended for the two Houses in the respective Kingdomes exclusively to the King Secondly that the Parliament of Scotland if not that of Ireland hath as much right and priviledge to all intents and purposes concerning that Kingdome as our Parliament has in relation to England Thirdly that whatsoever Rights and Priviledges have been challenged by our Lords and Commons of this Parliament are
which is truely forraigne and extrinsecal to that Nation they having no relation to nor dependance upon the two Howses or Kingdome of England onely they owe subjection to the same King why then after their mediation hath been rejected as they suppose by both sides upon confidence of their owne strength and severall successes or unwillingnesse to receive conditions from Strangers should they think it their duty though it be in their power to presse that Ecclesiasticall Governmâ—nt upon us by force of Armes which his Majesty hath often declared he will not and the two Houses have never declared that they will accept They have vowed the destruction of all those that adhere to his Majesty under the name of Malignants and evill Instruments and when they come with an Army to pay this Vow call they this stopping the effusion of Christian blood To hew out their way by the sword through all the forces raised for a guard to His Person amongst whom he has yet been safe whose actions have been as full of Loyalty as their adversaries professions is this to rescue their native Kingâ— His Crowne and Posterity out of the midst of dangers To help to sacrifice the greater part of this Kingdome to the malice of those by whom they are declared Traitors is this to preserve his people from ruine and destruction What if every private man be bound in duty to interpose himselfe as a reconciler betwixt his neighbours armed to their mutuall destruction Must they therefore help with armed force to destroy the one party at variance is this the part of a Reconciler What if the sonne ought to hazard his owne life for the preservation of his father at variance with his Brother Must they therefore take up armes to endanger the life of their King tâ—eir Civill father to side with a company of Schismatiques that flatter them with the name of Brethren III. When they ask shall a Kingdome sit still and suffer their King and neighbouring Kingdom to perish in an unnaturall Warre I shall answer this question to their owne content it is not fitting it is not lawfull But let me in courtesie ask them another When a Kingdome hath taken notice of a difference debated by fire and sword betwixt their owne King and some of his Subjects of a neighbouring Kingdome when they have solemnely vowed not to give themselves up to a detestable indifferency and neutrality in that cause when they have observed that the maine poynt in controversie is because the King will not consent to alteration of some Lawes already established which he holds himselfe bound in conscience to preserve after the whole Clergy in their c Nationall Assembly have promised to keep the people under their charge in obedience to his Maiesty and his Lawes confessing it a duty well beseeming the Preachers of the Gospell after their whole d Kingdome has sworne with their meanes and lives to stand to the defence of their dread Soveraigne his Person and Authority in every cause which may concerâ—e his Maiesties Honour with their friends and followers in quiet manner or in armes as they shall be required by his Maiesty after they have acknowledged in their Nationall Covenant that the quietnesse and stability of their Religion and Kirke depends upon the safety of the Kings Maiesty and have therefore universally protested and promised under a solemne Oath and hand-writ upon fearfull paines and execrations e to defend his Person and Authority with their goods bodies and lives against all Enemies within the Realme or without as they desire God to be a mercifull Defender to them in the day of their death and comming of our Lord Iesus Christ after the Nobility Gentry Burroughs Ministers and Commons of that Kingdome have confessed themselves f bound by all the ties of Nature Christianity and Gratitude so fully satisfied and perswaded of the Royall zeale and constant resolution of his Maiesty to preserve the Lawes and Liberties of his Kingdomes that it were the height of disloyalty and ingratitude if they should harbour any scruple or thought to the contrary having so many reall and recent evidences of his Royall goodnesse iustice and wisdome in setling and establishing the true Religion the Lawes and Liberties of that his Kingdom to the full satisfaction of all his good Subiects after all these vowes promises and protestations how can they be so strangely given up to folly and wickednesse as to thinke it their duty it being in their power to come with armed Force to end our quarrels by taking part with them to whom they owe no duty and fighting against that part which is owned by his Majesty to whom they stand bound by all the ties of Nature Christianity and Gratitude who has left nothing undone that might give them content Certainly if they shall so farre forget or cast behinde their backes all these solemne vowes and professions they will one day rise up in judgement against them And if they shall hearken to the call of the Enemies of our Peace and come to assist them in this unnaturall Warre as they threaten to do though in the time of animosity and appetite of revenge such Invasion may be well taken by those who invite them to helpe to destroy their Brethren yet afterwards when the eyes of the minde no more bloodrun with passion do discerne things aright it will be a griefe and offence to all true English hearts to see how they have sold themselves slaves to a viler Nation and they may be more united to cast them out who were so ready upon the advantage of their Divisions to thrust themselves in I shall in the mean while put them in minde that there was a time when they had if not a juster Cause a better colour for Invasion of England yet then they so farre disclaimed all intentions of it as to call the bare mention of it g The despitefull and devilish calumny of the disnatured Enemies of their Kirke and Kingdome I am commanded to forget what they did then but if they shall now verifie those calumnies and falsifie all their solemne Oaths though the King and this Kingdome should not be able to call them to account there is a God in Heaven that sees all their hearts and will judge all their actions And they cannot be ignorant that all the colours which they use in excuse or defence of their intended expedition may with equall nay better reason be alleadged by any other Nation that have a minde to oppresse and subdue upon pretence of assisting us of providing for their own safety or comming to compose our Differences CHAP. XIII From these Premises the Covenant is concluded unlawfull in respect of the Forme HAving thus deduced at large the severall Illegalities of this Holy League both in respect of the Efficient and Finall Causes but especially in respect of the matter it naturally followes that we conclude it in the last place to be likewise unlawfull
628. 823. o Ib. p. 493. p Ib. p. 100. q Ib. p. 338. r For taking away the high Commssion s Ex Coâ—l p. 260. 57â— 509. t Ib. 576. u Considerations c. Decem. 23â— 1643. a E.C. p. 93. b 2. Parliament of King Charles Act. 27. c E. C. pag. 148. d 143. e M. Prinaâ— Soveraigne power of Parliam part 4â— f 2. Parliament of King Charles Act. 38. g vid. 4. Iacobi cap. 1. a Covenant with Nar. p. 17. E.C. p. 228. 603. 604. 637. 624. 826. 915. b Lysimachus Nicanor c Discourse of Epis. Sect. 1. c. 10. p. 54. deiâ—ceps d Ib. p. 59. e Ib. p. 61. f Ibid. g Ib. p. 62. h Ib. p. 60. i Id. Sect. 2. cap. 7. p. 119. Protestâ—tion protestâ—d pag. 2. Countermarch c. k View of the Cov. p. 35. l Covenant with a Narrative m M. Nye in his Speech pag. 13. n 1. Edâ— 3. cap. 5. o Eâ— C. p. 88. 389. p Sleidan Gerard Camerar. Oâ—iander q Rom. 10.2 r Discours Sect. 1. c. 9. p. 51. s Ib. p. 52.53 t 1. Eliz. c. 1. u 1. Cor. 11. 18,19 * De Haeres lib. 4. c. 62. x E.C. pag. 859. 860. y E.C. p. 278â— z Ex. Coll. p. 19. 59. a Ib. p. 112â— b Ib. p. 723. c E.C. p. 10â— d E.C. p. 156. e E.C. p. 580. f Ib. p. 745. g M. Mocket View of the Covenant pag. 36. See to this purpose a Solid learned Discourse Of Resisting the lawfull Magistrate upon colour of Religion a Ioh. 18.36 b 2. Cor. 10.4 c Matt. 5.44 d Gal. 1.14 e Philip 3.6 f Act. 9.2 g Ioh. 16.2 h Ib. vers 3 i Mat. 13.30 k Covenant with a Narrative p. 24. l 2. Tim. 2.25 m E.C. p. 725. n 728. o Rom. 8. 17. 2. Tim. 2. 12. 1. Pet. 3.14 4. 16. p 2. Cor. 1.24 q Iohn 6. 67. r Luke 9. 54. s Mat. 26. 52. t Acts 5.41 u Phil. 1 29â— * Arnob Lact. Cypr. contra Demetr. Tert. in Apol. ad Scap. Iust. in Tryph. Aug. in Psa. 144. Ambros. in Luc. 22.38 Athaâ— Ep. ad solit. vitam agenteâ— x Confessio Aug. Art 16. Gall Art 40. Helv. Art 26. Scot. Art 24. Angl. Art 37. y Girolam Pollini l' Hist. Eccl. l. 3. â— 18. y Miterranâ— Hist. lib. 4. p. 103â— a Disc. Sect. 2â—c 6. p. 94. Cap â— b Concerning the Canons pag. 17. c Proclamation 10. Iacobi d Lord Brook Sect. 2. c. 6. p. 87. e Serinus apud Sâ—ob Serm. 42. f 1. Remonstrancâ— E.C. p. 19. g Ibid. h E.C. p. 604. i E.C. p. 598. k Ib. 60â— l Vid. Lawne Schisme of the Brownists p 78. m 2 Chron. 13.9 10. 1 Kings 12.31 n p. 8. 9â— y Math. 20.15 Acts 5. 4. p Sir Henry Spelman De non tem eccles. M. Sempill Sacriledge Sacredly handled M Vdals Coale from the â—lter D. Gardiners scourge of Sacriledge c. q Feb. 1642 E.C. p. 918. r Rom. 2.22 s Assembly at S. Andrewes 1582. t Sir Fran Bacâ—nsâ— Considâ— u H. Huntington lib. 6. â— Higden lib. 1. â— ult. * Pererius in Genesin 15. 16. x 1. Tâ—m 3.2 Titus 1.8 y Aug. 3. 1571. z 1569. ca. 6. a Cap. 9. b Edenb. 1591. c Ibib. 1595. * To this purpose see the Oath of the Princes of Israel to the Gibeonites Iosh. 11.15 though not approved by the people vers. 18. yet was the breach of it severely punished by God himselfe 2 Sam. 21. d E.C. p. 23. e 291.355 f April 18â— 1642. E.C. p. 141â— g Disc. Sect. 1. c. 9. p. 49. h 1 Kings 11.5 2 Chron. 25.14 33. 3 22. i Deut. 17.2 a Covenant with Narrative p. 32. b E. C. p. 21. c E.C. p. 36. d E.C. p. 80. e Ib. p. 67.68 f Magna Charta cap. 1. g 1. Remonstrance of the State of the Kingdome h E.C. p. 121. i Ib. p. 638. k E.C. p. 858. l Ib. p. 846. m Ib. p. 700. n Ib. p. 464. o Major Lesle Hall Harding Sabellicus a Disc. Sect. 1. c. 8. p. 42. b 9. Hen. 3. c. 14. Hen. 3. 21. Hen. 3. 3. Ed 1. 6. Ed. 1. c. d E.C. p. 709 710â—715,727 e Ib. p. 706. f Ib. p. 93. 121. g 33. H. 8. c. 21. h 31. H. 8. c. 8. 34. H. 8. c. 23. i E.C. p. 305 449,483 k 1 Ed. 6. c. 1â— l 28. Ed. 1. c. 8. m E.C. p. 194. 898,931 n 27. H 8. c. 24. o E.C. p. 909. p 27. H. 8. c. 24. q E.C. p. 270 715,901 r Observations upon M. Eliots letter E.C. p. 486. s E.C. p. 727 710. t Ib. p. 271. u 727. * 1. Eliz. c. 1. x E. C p. 5. 73â—â—â— y See the Preface to the Act for a Triennial Parliament z E.C. p. 701. a E.C. p. 10 15,17 b Ib. p. 876. c Ib. p. 203. d Ib p. 17. e 4. Ed. 3. c. 14. 36. Ed. 3. c. 10. f â— R. 2â—c 4. g Walsing. An Dom. 1380. h Dâ—er f. 376. i Ian. 1642. k E.C. p. 657. 695. l Ib p. 100. m E.C. p. 887. n E.C. p. 654. o 25. Ed 3. c. 2. p 1. Eliz. c. 3. a Vide Covenant with a Narrative and The Declaration of the Scots b 7 Hen 7. c. 6. c Petition presented to his Majesty Ian. 1642. d Supplication of the generall Assembly Edenb. Aug. 12. 1639. e 2 Parliam of K. Charlesâ— Act 5. concerning the Ratification of the Coveâ—ant f E.C. p. 257. g In their instructionâ— concerning the Covenant 1638. a Protestation of the Lords and Commonâ— Oct. 22.1643 E.C. p. 664.
Presbytery were as rich as Episcopacy and this as poore as that the case would quickly alter and the holy Discipline be in danger to be turned out of doores It is not Conscience but interest that makes Prelacy have so many back friendâ— It is therefore declared that the publique debts shall be paid out of the Estates of Delinquents and Malignants by which they professe they understand in part all Prelates and their Dependents This if it were true might be some ground in justice and reason for the Sequestration of that temporall right which these men have in their Estates but none at all for alienating the perpetuity to a secular use unlesse God himselfe be a Malignant of whose Patrimony his Ministers are onely usu-fructuarii Or seeing the Covenanteers pretend to fight God's Cause therefore they will make him pay their wages If the men be peccant they plead no exemption no impunity sure the meanes is innocent The Scripture is more x expresse in requiring Hospitality of Bishops then of other men and therefore in congruity never meant they should be so straitened in their abilities They are injurious to God who think he would expect to reap more plentifully where he sow'd more sparingly If the portion assigned by him to the Levites under the Law may be any rule to judge of the Ministers competency under the Gospell their revenues will be found much above the proportion of their Brethren It will not be so proper for this Discourse to insist much upon any politique considerations for conservation of the Churches patrimony as the constant revenue which it affords to the Crown by Tenths first-fruits and other annuall charges the ordinary supply by way of Subsidy or the extraordinary by Loanes and Benevolences wherein the Clergy are ever rated above other Subjects in proportion The faire and free Estates which their Tenants enjoy under them upon easie termes not racked by such oppressions and exactions as are usually complained of from other Landlords the many poore Officers and their Families which are sustained by them in a liberall and ingenious way the great edge which they set upon Students in Divinity so long as they remaine the prize of virtue and industry the grandeur wealth and reputation which the Cathedrals occasion to the Cities by the frequent resort of strangers and others who have businesse to the Chapters But if they shall upon any pretence be swallowed up by those Harpies who gape after them the Exchequer will quickly finde the want the publique burthens will lie more heavie upon the common People their Tenants will be reduced to the hard conditions of other neighbours their under-officers with their wives and children if they cannot digge must be enforced to begge the poore will misse of their almes and when the reward of piety and learning is taken away nothing but Barbarisme and Ignorance will succeed in the place If nothing that hath been said will move with the Covenanteers who have conspired the ruine of this flourishing Church let them examine whether their intended rapine upon the meanes of this be not directly contrary to the Doctrine and Discipline of the Church of Scotland which they sweare to preserve Their grand Reformer Iohn Knox in a y letter upon his death-bed commands his Brethren of the Assembly at Sterling with strength in God to gainst and the mercilesse devourers of the patrimony of the Church If men will spoile let theâ— do it to their owne perill and condemnation But communicate yee not with their sinnes of whatsoever estate they be neither by consent nor yet by silence But with publique Protestations make this known to the world that yee are innocent of such robberies which will ere long provoke Gods vengeance upon the committers thereof whereof yee will seek redresse of God and man Their first z Book of Discipline defines the Churches patrimony to consist not onely in all manner of Tithes but in all things doted to hospitality in times past with all annuall rents both to Burgh and Land and declares all those who had got any of it into their hands to be thieves and murtherers Their second a Book of policy is more full in setting forth that patrimony and concludes that to take any of it away and convert to the particular and profane use of any person is detestable sacriledge before God One of their b Assemblies appointed M. Robert Pont to write a Treatise against Sacriledge and c another laments the growth of it to the uttâ—r undoing of the Church and staying of the planting of the Gospell to the overflowing of the Land with Atheisme and all kind of vice there being above foure hundred Parish â—hurchâ—s destitute of the Ministery of the Word by and about the Parishes of Argile and the Iles. Let then our Covenanteers be well advised if not for justice sake to the Governours of our Church if not for charities sake to their Dependents if not for Honours sake as they expect to heare in other Nations and after Ages yet for God's sake for conscience sake for their Oaths sake for the Doctrine of Scotlands sake let them not rob the Church under colour of reforming it VI I must here subjoyne by way of appendage that considering the King at his Coronation hath bound himselfe by Oath to defend the Rights and Liberties of the Clergy in generall and more particularly of the Bishops if he should give them up for a Sacrifice to the will of their Adversaries and upon any suggested grounds of policy passe away their Rights without their consent which they are bound in conscience to conserve though in such a case their Allegeance ties them not to resist yet with humble reverence and submission be it spoken I know not how he shall stand excused before God or man from the foule crime of perjury and therefore it must be unlawfull for any to endeavour to force his assent to an act so contrary to his Oath as is this intended by the Covenant For clearing of this point I shall grant first that no Oath is obligatory beyond the true intention of it Secondly that any Oath taken for the benefit of another may be released by the consent of that party for whose behoof it was taken or otherwise it may notâ— * though it be to the takers own losse Hence I inferre first that the Kings Oath for the preservation of the publique Lawes of the Kingdome does not binde him precisely to the perpetuall observance of all those which were in being at the time when he first took his Oath so as to exclude his consent to any future alteration but onely so long as regularly they continue in force and that when the Lords and Commons in Parliament as representing the Kingdome shall petition for any alteration the King if he see cause may consent unto it notwithstanding his former Oath as having a relaxation from the Kingdome to whom he swore But secondly his Oath