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.
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
of their Right to the Crown as Hen. 6. the lawfulness whereof not at any time questioned and when the Tytle to the Crown hath been disputed it was by Authority of that Court setled and the Crown entailed as they in Pollâ—y and prudence thought sit Speeds Chronic. in the life of Hen. 6. Edward 4 5. k See the Scots Remonstrance Printed 1640 cited by Master Thomas May in his History of the Parliament of England written 1647. l Cited and complained of by the King in the same Dâ—clararation against His Scotish Subjects for inviting forrein forces into this Kingdome page 55 56. See the Letter it self in the same Declaration signed by seven of the principall of the Nobility of Scotland m The Lord London See his Answer n See in the Kings name the Authors accompt of them how in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} he keeps in memory That the Scots weâ—e the first that began the Kings troubles in the Treatise of his leaving Oxford and going to the Scots and elsewhere in severall places of that Book Also in the Declaration printed on the Kings behalfe at Oxford 1643. pag. 23. suggesting an intent in them to confound the Government and alter the Laws of England The Marquesse of Montrosse declareth how they began His Troubles viz. by dispersing their Apologeticall Pamphlets as he termes them through Great Britaine before the Troubles began and before their comming with an Army into England See a Book entituled The History of His Majesties affairs under the Conduct of the Marquesse in the years 1644 1645 1646. page 3. o Amongst other Motives to his aâ—gâ—r about the Earl of Strafford's death which whether he would have avenged on the Party who condemned him may be guessed at in that an unknown Author in his name severall times repents the injustice of that Act to which he was forced to yeeld complyance for which sin as the Author mentions it the King and his Kingdomes have felt long great and heavy Troubles See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in the Treatise concerning the Earl of Strafford and the Marquesse of Moâ—trosse his Declaration set forth 1649 aggravating the same to incense the King and his party against the Scots expressing in it their disloyall Practices Breach of Duty Covenants calling them Traytors c. p See the Kings gratefull acknowledgement of the Affection and Loyalty of his Irish Subjects in offering to supply him with Preparations c. together with their Persons and Estates even to the uttermost of their ability to reduce his dis-affected Subjects of Scotland to their obedience desiring withal it may be Recorded as an Ordinance of Parliament and to be Printed as a Testimony of their Loyalty to all the world and succeeding Ages In his Declaration since the Pacification pag. 63. Which could not but stir up the Scots to seeke protection and assistance from their fellow subjects and friends wheresoever whom the King calls his dis-affected subjects and how he doth secern them from the rest is hard to judge when as the whole and most considerable part of that Kingdome did by their Pacts and Counsels at their Assemblies hâ—ld withstand and resolve to withstand divers of his Messages obtruding on them such matters as made against the Peace of their Church and Kingdome q In the third Treatise r Mr. Dâ—nz Hollis his speech June 1642. Å¿ See the Message sâ—nt from both Houses of Parliament to the King his parties receiving it mentioned in this Book t See the Declaration of the Lords Commâ—ns assembled at Oxford printed there 1643. u See the Remonstâ—ance sent out of Scotland 1639. w See the same Declaration ibid. x See it cited in the Declaration Printed at Oxford 1643. pag. 13. y Mr. John Heywood on the life of Hen the 4th z Bracton lib. 4. a France b See the Duke of Rohan in his Treatise of the Interests of the Princes and States of Christendome calling England a little world set apart as having nothing to do with other Princes c. c Mercurius Aulicus d Victoria naturâ insolens superba est Cicero e King James his Speech in Parliament 1609 f In Norththamptonshire g Sir Francis Bacon on the life of Hen. the 7th h Nulla tam sancta Lex est quam non oppoâ—ceat si salus populi postâ—let urgeatque necessitâ—s muâ—are Bodin lib. 4. de Repub. i See the Parliaments Remonstrance 1647. k In the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 28. upon the Vote of Non-Addresses l In the Book stiled the present judgment of the Convocation held at Oxford m Calâ—ing Jâ—piter amongst the rest of tâ—e heathen Gods {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} n {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} quasi {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} o Sir Francis Bacon on the life of Hen. the 7th p In the Remonstrance dated Nov. 1648. pag. 6. q See the Declaration of the Lords and Commons in Answer to the Scots Commissioners dated the fourth of March 1647. r See the Breviary of the History of the Parliament of England pag. 112. Å¿ See the Objections and Answers at large in the relation of the passages at the meeting at Vxbridge 1644. Printed then at Oxford t Hen. 2. â— Eliz. u The Law book Casâ—s give the Reason why the bringing counterfeit money into England out of Ireland is but Misprision of Treason although the bringers know and utter it Quiae Hibernia est membrum Angliae Dalâ—on Iustice of Peace in cap. de high Treason w The Lord wâ—aâ—ton z See these Charges mentioned by the two Houses of Parliament against the King in Mâ— May his History lib. 1. cap. 6. pag. 118. a BERK-SHIRE b Twyford O kingham â—arringdon c See Master May his History of the Parliament of England mentioning the Demand and Answer d In the Book of an unknown Author called The State's Martyr e See the Message and Answer f See the History of the Kings affaires in Scotland c. where the Historian speaking of the Marquesses Mâ—nâ—â—osse and Argyle the Generalls of the two opposite Armies in the Kingdome of Scotland he highly exâ—olls Mâ—ntrosse and as much reviles and derogates from Argyle rendring him in many passages of that Booke A 〈◊〉 spirited Soâ—ldâ—er and a Knave when as in other mens judgements he had when he was so depraved otherwise proved himself g See it cited in the Oxford Declaration pag. 1â— h See the Kings Letter March 23. 1644. and the Committees Summons in Aprill following i See the Proclamation in the Kings name set forth 1642 accusing many Gentlemen serving as Knights and Burgesses for their severall and respective Countâ—es to be Trayâ—ors and their Persons to be seized on as Rebells k See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in Treatise 17. on Church-Government l See their Declaration Printed at Oxford March 1643. towards the end of the Book m In a Book styled The