THe great, long, and heavy troubles brought upon the three Kingdoms under the late King's Dominions complained of in the Discourse andIn the Me­ditation upon the second Trea­tise in the [...] Meditations of the Book called [The Kings Pourtrayture,] have had other Causes from whence they originally did spring, and have derived their Being from a more antient date of time, than of what the Author of that Book com­plaines of the King's Complyance, and giving way unto the death of a Lord, a Favorite of his mentioned in that Book, when as the late Jealousies between the King and his party on the one side, and the Court of Parliament on the other grown into Civil broils, and having for ma­ny years disturbed the Peace of his Kingdomes, cannot be ascribed to any other visible Motive, than to a more generall and universall one at first, Iniustice and Op­pression practised where no Power was able to resist, for if as theProverb. Wise man observes, Righteousnes exalts a Na­tion, sheweth also how the King's Throne may be establish­ed; by the rule of contraries, Iniustice overthrows a Na­tion, and by His listening unto the wicked His Throne [Page 2] is thrown down. The next motive whereunto the con­tinuation of these troubles mentioned in that Booke may be ascribed, is unto the Violence and Heat in the prosecuting their severall Interests, upon the one Par­ty's mis-apprehending the Subject of the Quarrell, both Parties pretending to the preservation of the common Peace, and severally setting forth the justice of their Cause, the reason and equity of their proceedings, which hath produced so much Sedition, Strife, and Faction, that untill in more of all sides a right and perfect under­standing be had, the Common-wealth is likely to re­main, as a long time it hath, in a languishing and sad e­state: Severall discourses have been vented, diverse Bookes of an opposite sort each to other published to vindicate and cleare the one, to calumniate and traduce the other Party, when as there is but one Truth and Justice, which both Parties challenge to be theirs, laying the Iniquity and Wrong-doing to their Adversaryes charge. A scrutiny made into the falshood and coun­terfeit glosses practised by the one, an equitable accep­tation of the just interest and pleading of the Other, a serious and true examining the various Writings on ei­ther part, what hath passed in the transaction of their Affairs might stint the Quarrel, the observing how the one Party in their Declarations have unjustly and deep­ly charged the other of severall Crimes and Misdea­menours, thereby wronging their own proceedings, in the manner of their dealing, might convince the Ad­versary, and consequently put a speedy period to this contention. When about eleven years since, the KingSee the [...] from the urgency of his own affairs (as is given out in his behalf,) from indeed His contesting with His [Page 3] Subjects of Scotland, about their endeavouring to de­fend their antient Constitutions, summoned this Par­liament, and by his Writ confined it to such a Time and Place, when the matters were debated there, the Con­vention being full and free, so by himself acknowledged, that which seemed displeasing and not consonant to his Will, was attempted to be made frustrate by his Power; which the Parliament being sensible of, and foreseeing future and forcible attempts to be made upon their Pri­viledges, sought on the other side to maintain their Power and Rights, to relieve their fellow subjects suffe­ring under the late oppressions offered by the Ministers of Justice against the peoples liberties against the known & fundamental Laws; The infringing of which added to the late jealousies entertained by our neigh­bouring Nation the Scotish, and divers of the English Nation, was in most mens judgment, the first Ascent to these Divisions. Oppression, Injustice in the King his party first, then their contending to defend and excuse themselves, to accuse and retort on the Parlia­ment and their Party the guilt of their own demeanor, wherein when they could not prevaile, their desire and pursuit of making good their Accusation encreased the division to this height; how and by what degrees it went higher, what projects and practices to get the up­per hand, follows in this Narration; In the resenting which, all men seemed engaged either in Affections and tacite Wishings, or in Action, some to the one, others to the other Party, most unto that which they conceived was ordained, and then convened to preserve Peace and Justice, which by the other had been not long before di­sturbed. Not by the way,☞ that it is thence inferred that the Parliaments Cause was therfore the better or more [Page 4] just because the most and greatest part of People then sided with them, or that the King's Parties Cause is so now, in that so many are faln off from the Pa [...]. and that party, some upon dissenting in Opinion, others grudging at, without duly weighing the reasons of the Parliaments actings, most indeed troubled at being subject to their Power & Government, by reason of the Impositions & Taxes, w^ch. for a time they do lie under & repine to pay not looking back to the first Occasioners of the war, but fondly conceiving, because they feel not the fury of a prevalent hostility & war, that therefore there is no war; but because the People, the wiser sort at least, long since knew the benefit and use, the dignity & necessity of that Court as the supreme Judicatory of the Kingdom, there­fore the antient Authority thereof to be maintained, the Power and Priviledges not to be infringed or viola­ted, they knowing the End wherefore that Court was instituted at first, by an ancient, necessary, and wholesom Edw. 3. cap. 25. Law of giving redresse to grievances in a Common­wealth; of what quality the Persons assembled by so­lemn Writ should be, directing how they were to be Habited, to defend their Country against all force opposing them, as by theWith swords girt on their sides, &c. See the form of the Writ in the Crown Office. Emblem of Valour required in them it may appear. And no question if the Kings of this Realm have deputed none to place of iustice, but Mr. Lambard in his Eirenarch lib. 1. cap. 6. meunltz valiantz as King Edward the 3. expresseth it, None but such are to defend & serve their Country in the highest place of Judicature.

That as to this present Parliament the King him­self in hisSee his Answ. to a Declaration sent from both Houses, May 1642 Answer to a Declaration sent him from both Houses of Lords and Com­mons [Page 5] doth confesse and allow them a full and Iuridicall pow­er to iudge and determine the most doubtfull, high, and weightiest crimes, and causes, although he seems to limit it again by particular Cases, and regularly brought before them, acknowledging withalSee the two Declarations enti­tuled, The Declarations of the Lords and Commons of Parlia­ment assembled at O [...]ford, with the specious Frontispices of The One Touching a Treaty.Other Concerning their endea­vors for Peace. Print. March 1643. together with the Lords and Commons assembled at Oxford) the Privileges of Parliament to be so substanti­all and entire a Right, that the Invasion of the liberties of either House, as the course of Parliaments was then, & heretofore held, was an iniury to the other, and to the whole Kingdome. In severall his Messages re­turned unto their Propositions, he repeats and confirms the same judgement of and concerning their full and ample power, be­ing lawfully summoned, and by a Law consented un­to by himselfe in full Parliament, Not to be dissolved unless by their own consent: Notwithstanding which, se­verall attempts of force and violence were offered, as far as his and his parties power could extend it self, to the dissolving it, by contending to divide and scatter them, accusing the remaining part of the Members sitting in the House at Westminster of being Rebells, so being divided, to account no other of the Parliament at Westminster, than he did soone after the Pacification made with his Scotish Subjects, of the Parliament in Scotland, terming themIn his Declaration con­cerning his proceedings with his Subjects of Scotland, since the Pacification in the Camp near Berwick, Printed 1640, pag. 38. [The divided Members of that distracted Parliamentary Body remaining at Edinburgh] So that as to the Parliament of England, it must be confessed, that he meaned not what he expressed, in allowing to them that lati-tude [Page 4] [...] [Page 5] [...] [Page 6] of Power and Priviledges, or that his Party hath since prevailed with him to renounce that judgement, which he declared to have had of them. That the con­tentions at the first sitting of the House were upon the point about matters of fact, what things were done, what projected to be done, How the King and his Ministers of Justice had demeaned themselves since the begin­ning of his Reign, how many oppressions of severall kinds had been offered by them, how they had offended against the known Lawes in an Arbitrary way of Go­vernment, which being disputed by all men as they con­versed together, or within themselves, a Division could not be avoided, but must break out into contrariety of Opinions and Affections, consequently into Partyes and Engagings as their judgements should direct, some likely to adhere unto the King, contending to make him Absolute, to doe whatsoever he pleased, others contending on the other hand to have him govern according to the Lawes as bound by his Oath, the re­sult from out the differences betwixt them both, could be no other than for the one Party knowing what of late had passed, to endeavour a redresse, to consult a reme­dy against the like Exorbitances, withall that there was no other visible power in being to emulate and check a King's except a Parliament's,Namely in that Recor­ded in the Chronicle of Richard Earle of Warwick his Answer unto King Henry the 6th, who directing His Privy-Seal to discharge him of his Governourship of Callis, the Earle refused, alleging. That it was granted him by Parliament, Whereunto if it be answered, That that might be a personall Contumacy in the Earl, nothing proving the validity of that Court, the reply may be, That the Authority of Parliament hath been of so large an extent, That some Kings of this Realm have been by Act of Parliament confirmed, as Edw. the 4th, Some with their Wife and Issue dis-inherited 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 Poll [...]y and pru­dence thought sit. Speeds Chronic. in the life of Hen. 6. Edward 4, & 5. the Power and Privi­ledges [Page 7] of which Court in Rivalship with the Kings have been many wayes manifested in the actings and conte­stings betwixt their powers.

In the present contention betwixt which, it is not so much what hath accidentally fallen out in the progresse of this war, as what hath been actually and intentionally attempted to be done, which foments the quarrell, or decides the controversy, That this Parliament in con­tending to maintaine their power, their friends and as­sistants against their enemies confronting them▪ was by an high hand interrupted and opposed; and if we take our Neighbour Nation theSee the Scots Remon­strance Printed 1640▪ cited by Master. Thomas May in his History of the Parliament of Eng­land, written 1647. Scots their judgment in the stating the occasion of this VVarre, and the Ene­mies designe, this Parliament was for no other reason called then to give the King relief and aid against their comming into England; This the occasion of the League and union betwixt us and them. On these and the like grounds, they know­ing what had been attempted against their Nationall Lawes and Rights, foreseeing what the event was like to be in case they did not bear with patience, knowing also in what condition the English at or near that time were, what Declarations the King had published against some, what severe courses he had taken against other Members of the Parliament of England, which the Historian notes the dejected People were enforced to endure with patience, and to allow against their own reason; the Scots considering withall, that if of themselves they made resistance without the aid of friends they were too weak a power, that if they delay­ed [Page 8] their course for remedy too long, their friends and strength might have been prevented, and knowing be­fore hand that there are but two remedies applyable to the approach of dangers [Prevention and Recovery] the first the right hand rather the heart of Policy, the other the left and after-game, They begun before any preparations made for or against a VVar, with sending to the Parliament of England a Iustification of their pro­ceedings, intreating them to be wary in Vindicating their own Lawes and Liberties, to frustrate the designs of those e­vill Counsellours who had procured this Parliament for no other end than to arme the King with warlike supplies against his Scotish Subjects, and by that Warre to enslave if not to ruine both Nations; that after many violations and dissolutions of Parliaments in England, This was not to redresse grievances, but to be so over-reached, if they were not carefull and couragious, that no possibility should be left for the future redressing any; That so dangerous pra­ctises might be well suspected when at the same time a Parli­ament was denyed to Scotland (although promised on the word of a King) granted to England when not expected, and obtruded upon Ireland when not desired. The rise of all which was from the anger which the Scots knew the King conceived against them for some particular acts of theirs charged with Disloyalty, as (without recounting all other differences and jealous [...]es betwixt him and them) That they refused and declared against the Messa­ges sent them to receive the Service-Book obtruded on them; for which as for vindicating themselves from the like charged Disloyalties, they were accused by the King [Page 9] to have wrote aCited and complained of by the King in the same D [...]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. Letter to the K. of France, Imploring His Protection, as weary of their Obedience to their owne King; for which disloyall Let­ter (as it was termed) a chiefThe Lord London, See his Answer. Peer of theirs was imprisoned and condemned to dye. That the Pacification had and made to take away all differences past, and which might ensue betwixt the King, the English and the Scots, by the prudent and joynt advice of a select Committee of English and Sco­tish Lords, as to remove all jealousies be­twixt both Nations, was, soone after it was made, sco [...] ­ned and slighted, the Scots then complaining in their in­formations made unto the English, their Friends and Brethren, of many injuries they had received since the Pa­cification made, and contrary to that Agreement. This was the condition of the Scots, these the very words of their Remonstrance, That the Union and Brotherly League, en­tred into by both Nations, was no otherwise construed than an Invitation in the one, and invasion of See in the Kings name, the Authors ac­compt of them, how in the [...] he keeps in memory, That the Scots we [...]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. Forreiners in the other Nation, and howsoever the Charge in the 7. Articles, exhibited against the 5 Members of the House of Commons, and one Lord of the House of Peers was laid to those few onely, yet probably it had reached many other of the English Nation, had not the first [Page 10] assault of violence in the Kings party miscarried as it did; But wherefore were those Articles exhibited against those Members, and the King attempt in an hostile array to seize their Persons in the House of Commons which when he could not effect he was blamed by some of his neerest friends for not seizing some others in their stead as hath been credibly given out, so that nothing was properly to be laid to the charge of those six, when as the same crimes were to be fitted to any other in the House; the Articles charged on them are elsewhere mentioned by a Gentleman who hath writen the Hi­story of the Parliament of England, and those six Gen­tlemen charged to be Ringleaders in the committing severall Treasons but how justly? in every designe and purpose there is some more activity in one, two, three, or more than in the rest, and every conpleated Act is first the conception and motion of some few in­dividuall persons, than the consent of the rest, if the first motioners of such a designe shall for their for­wardnesse without any advantage to themselves, be therefore accused of Treason, and in a violent way pursued, and when their persons could not be met with others of their fellow Members were to be seized in their room, it could not but strike at the root of the Subjects liberty the power and privileges of Parliament: So many sad and direful notes could not but portend a War against one or both Nations, as time and opportu­nity should best serve to manage the design in hand, or else the Parliament, knowing themselves to be a free and full Convention, in all parts a Parliament, both in the Substance and Form, summoned by the Kings Writ to meet, &c. as in the circumstance of Time and Place, [Page 11] must submit to the will and pleasure of anAmongst other Motives to his a [...]g [...]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 [...] in the Trea­tise concerning the Earl of Strafford, and the Marquesse of Mo [...]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. incensed King, so to be dis­solved, or awed at pleasure, or to have Boundaries put upon their Acts and Counsels, by such as they knew to be corrupt, and would have re­moved from the King, to the end his Throne might be established; which desire of theirs was on the other side counterpoised by a factiously framed and superstitious Maxime amongst his Favourites, That if a King will suffer men to be torne from him, he shal never have any good service done him: So that in this Doubt and Perplexity, whether the Parliament should Submit, Desist, or Act according to their Trust, they thought it neerly and necessarily concerned them to provide for their own & the Kingdoms safety, for the publick welfare, some of their Members being impeached and charged, two Kingdoms provoked and m [...]na [...]ed, theSee 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 h [...]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. Third also likely to bear a part in the broils of the other Two, the King himselfe jea­lous [Page 12] and displeased to see the Parliament (then at di­stance with him in transaction of matters con­cerning the three Kingdomes) Petitioned and Appea­led unto, termed in an envious and scornfull way by some of his Party Omnipotent, others murmu­ringly upbraiding that it was Idolized, himself as it were neglected and left out, none or seldome Addresses made to him, which by the Author of theIn the third Treatise. [...] is with much indignation urged, that some few of the Members of the House were more loo­ked on as greater Protectors of the Laws and Liberties than the King, and so worthier of publique protection. Hence it was that the Parliament had a narrow path to tread between their hopes to regain the Kings lost fa­vour after many evidences of his anger poured forth, and their hazarding the ruine of those principles, where­on they did first engage, that they thus Acting knew well that their Cause was just, their War defensive, as was at the beginning of these Troubles by aMr. D [...]nz. Hollis his speech, June 1642. Gentle­man of good abilities, in an excellent Speech of his, delivered to that purpose, setting forth the Enemies series and succession of designes to interrupt the Parlia­ment, as first by awing and taking away the freedom of it by an Army, then actually assaulting it, and with the sword to cut asunder the onely Nerves which strengthens and knits together the King and People, the People amongst them­selves, and the whole frame of Government in one firme and indissoluble knot of Peace and Vnity; That the Par­liaments taking up Arms was to defend onely, to re­pell the force, and violence practised by a few of the King's side at first, afterwards to provide against the mischief which his Party heightned through rage a­gainst [Page 13] the Parliament, pretence of Loyalty towards the King, might severall wayes intend; That their resisting his and his Parties practices was then judged and dis­coursed to be for no other end then to maintain their own just Privileges in order to the maintenance of the Lawes and Liberties of their Fellow Subiects; that for these fa­miliar Reasons here ensuing no man would imagine that they d [...] intend an Offensive Warre, to engage the Subjects one against the other, or the King against themselves; An instance thereof may be fully seen in these particulars following.

I. First, for that they could not but foresee that the consequences of a War, falling ou [...] betwixt a People oppress [...]d, a Court of Parliament provoked, and a King displeased,See the Mes­sage s [...]nt from both Houses of Parliament to the King, & his parties receiving it, mentioned in this Book. (Counsell and Duty on the one being recompenced with Indignation and Reproach on the other side) would prove calamitous and sad, but on which side the calamity would fall with greatest force & fury very uncertain, when as besides the two Par­ties immediately engaged one against the other, a mid­dle and Neutrall part worse a [...] wel in theSee the De­claration of the Lords & Com­m [...]ns assem­bled at Oxford, printed there 1643. Kings Par­tyes accompt as in theSee the Re­monst [...]ance sent out of Scotland, 1639. Parliaments, would fall in as opportunity should serve.

II. That it being presumed the aim and Counsells of the Parliament, and all men else [...]ing for Peace and Justice, a War once waged would hinder and destroy their aims, & produce more overtures for discord more fresh supplies for quarrelling, in the prosecuting which, many unexpected chances would fall out to in­crease the discord, as in the controversies between man and man, he who hath not been so forward and visibly [Page 14] active for them unto whom he did adhere, as in every particular opinion of theirs concurrent with them, shall be traduced and accused by them also for a Neutrall or an Enemy, when as m [...]n not at all assisting have there­fore been by the one Party convicted Neutralls and thereupon pronouncedSee the same Declara­tion ibid. Forsworne.

III. That amidst their hopes of conquering, there would not be wanting discontented and seditious humors even out of their own first Party to traduce and vilifie their proceedings, if not consonant to their particular hu­mours and fantasies, that those humours would be fed and animated by the first and common Enemy on pur­pose to divide and weaken the prevailing Power.

IV. That divers other consequences likely to result from War would prove harsh and irksom to a people born free and governed under Laws and Peace, as that the Soldiery and prevailing Power knowing their own opportunity and strength, would be apt to intermeddle with private Interests, or at least the People would be jealous of it, to the perver [...]ing Justice and tram­pling down the Lawes, which in a time of Peace distri­stributes to every man his iust Right, so that the people would not onely want the blessing of Peace, but grow subject to the oppression, charges, and injuries incident to a VVar.

V. The Parliament could not but foresee that in case a VVar were to be waged, their own Countrey-men both Officers and private Souldiers must fight it out, Souldiers of Fortune when they have gained, will some­times desist their undertakings and leave off the service.

VI. That the English were unaccustomed to War, and by reason of their easie and soft way of breeding not [Page 15] fitted to the discipline and managing thereof, neither able to endure the hardship and duties of a VVar, how­beit experience hath otherwise proved it.

VII. That the English gallantry and their courage unac­quainted with the conditions of a warfare, and the tem­per requisite to a Souldier, might make them upon every discontent as apt to Mutiny and Resist as fight.

VIII. The Parliament could not but be sensible withal of their fellow subjects, that the apprehension of Engaging would carry with it a sad aspect, all men unwilling to and wary how they did Engage, that if they did Engage the Engaging parties on either side when they see the face of a VVar inevitably approaching, would and must for their better strength and union betake themselves to what Policy, Pacts and Leagues they could, Defensive and Offensive, as to bind themselves and friends by Vow and Covenant, which being to consist of severall Heads and Parts to be without much study or delay framed, for fear of their Enemies gaining time on them could not be so exactly and entirely devised, but might ad­mit of a doubtfull sense, how to be understood, in part or in the whole, so consequently divide the Covenan­ters within themselves.

IX. That when they should have gained a power, they must to maintain the same, Engage and Enforce all men to acknowledge and conform unto their Power, thence hazarding the repute and censure of becom­ming Usurpers over their fellow-subjects, of exercising an Arbitrary and Tyrannicall power over the Peoples estates and consciences.

X. They could not but withall know that which side so­ever [Page 16] should prevail both sides would be losers, the King and Kingdome vast sufferers in the losse, as they in an humble and dutifullSee it cited in the Declara­tion Printed at Oxford 1643. pag. 13. Message, although contrariwise interpreted, did in the sadnesse of their hearts foretel the King.

XI. That in this War the prevailing Power would be to seeke (to carry an even & well tempered hand) how to deal with the vanquished their own Countreymen, and mistaken fellow-subjects, for 'twas a Misunder­standing which first made the rent between them, scorn to acknowledge and retract their Errour wide­ned and continued it; amongst which doubtings if they did inflict too heavy a punishment, either pecuniary by Mulct, or corporall by Imprisonment, 'twould seem unjust and harsh from the Conquerour, being of their own Nation, and keep off the hopes of reconcilement and re-union; if too gentle and remisse, 'twould leave and allow the Conquered a power and means of reco­vering their power again.

XII. That if the Parliament should in any degree pre­vaile, there would want no Policy or Stratagems to disturb and interrupt their further prevailing, all Falshoods, Impostures, Counterseitings, Semblances of friendship, of busines & Commerce to be practised against them and their successe, as by Forrein Tenders from a­broad, Private Addresses here at home, all from the same dis-affected and troubled Fountain, moved and stirred by the Enemy on purpose to divert their thoughts and counsels, to retard and hinder their pro­gresse and successe.

XIII. That above all in the doubtful events of War as it was likely to fall out betwixt Persons offending on the [Page 17] part hating to be reformed, and a Court of Parliament on the other, chosen and set apart to redresse Grievances in a Commonwealth, Offendors would apply themselves for refuge to the King a supreme Power, whom if he did protect,Mr. John Heywood on the life of Hen the 4th. (making thereby the Offendors faults his own) would without dispute revert to his dishonor, and consequently beg [...]t a Jealousie and Difference betwixt him and his People; and if the Parli­ment should take ill his protecting them, there would issue a Contest kindling and preparatory to a War, thence if the King engaged, and the Parliament re­sisted or fought, they could not hope if they were sub­dued to avoyd the Charge of High-Treason, nor think it an easie thing in the first beginning of their strength to prove Conquerours over a King seated a long time in an ancient Monarchy, invested with many advantages of power, and guarded with Cour­tiers, Friends of all sorts, Servants, and Favourites, all of which had their retinue also and traine of Freinds to assist in case of needing such: Besides, the King if resisted and opposed, and thence a War fall out betwixt him and his subjects, They could not hope soon, or sud­denly to overcome him, but the War must be of some continuance, the seat thereof in the bowels and best parts of the Kingdome, nor to be onely an intestine War at home, but forreign Forces to be expected from abroad, for that the King to maintain his cause would endeavour to engage other Kings in his Quarrell to take part with him upon this suggestion, That their Subjects by the example of his may doe the like, how treasonable and dangerous a President it is for Subiects to rise in Armes a­gainst their King: when as unto them who have known [Page 18] the state and government of other Kingdoms, the case between other Kings and their Subjects is far different from This both in the manner and frequency of his Of­fendings (as the Charges and Remonstrances of both Houses of Parliament published to the world have declared) touching his actions and demeanour during or neer the time of his whole reign as also, in the con­dition and quality of the Government of this Kingdom different by many Notes of distinction limited from all other throughout EUROPE; all States and King­domes having their peculiar Laws, Constitutions, Forms of Government, Degrees of Subjection in the Governed: This having been no absolute but a li­mited and mixt Monarchy, where the King was (as a greatBracton lib. 4. Lawyer takes his Dimension) Singulis ma­ior, universis minor, &c.

Wherefore if amongst other Nations, our neigh­bouring France. Kingdome by reason of the Commotions and Civil broyls in it shall as some of them do object, That the Subiects of this having taken up Arms against the Kings Parties attempts and force, have infe­cted the Subiects of that Kingdome with the like disposi­tion and designe of disobedience and rebellion; 'Tis an­swered, the Government of That differs in their Laws, Manners, Constitutions, and Policies, as much from This as two Christian Kingdoms may in theirs; and as to the matter of Freedom the old received say­ing mentions the different wayes of Government be­twixt Us and Them, betwixt the King of that Realm commanding on his part whatsoever he pleaseth, and the Subjects obeying on theirs, in that it is common­ly said, howbeit with too acute and bold a censure, [Page 19] that their King is Asinorum Rex, the King of England Hominum; for no other reason than that the People of the one are subject and obedient to the Will and Arbitrary Government of theirs, the People of England pay a known and limited obedience by the Lawes, which the King is alike sworn to keep by his practice in his own Person, and by his power to main­taine it towards others, as the People to obey. The Lawes, Customes, and Constitutions of England as aSee 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. Noble Prince and Peer of France ob­serves, are of another Forme of Govern­ment differing from all other Nations, some being Free-States, others simply and abso­lutely Monarchies, having Power, and as they think also Right to inforce and conform all under them to slavery and vassallage.

XIIII. That if the Parliament notwithstanding these attempts and practices against Their Power should prevail, They would and must to keep up Their Power, lay Taxes and Payments on the People, who when the War did seem or was neer an end, their complaint would be, and that with repining and murmuring [The War is ended, the Taxes and Payments yet conti­nued] not considering that it is of as great concern­ment to keep as to gaine a Victory, nor sensible of the quiet and safety which through the counsel and vigilancy of the higher Powers they doe enjoy, and other Countries infested with the like Civil Wars doe want, when as the Parliament in case of Their pre­vailing were to weigh withall the doubts and dangers attending Them, the care, jealousie and fears which no men but would avoid the troubles of, and such as [Page 20] They must be subject to untill the Conquest be fully made, the cares against the surprizall of their Enemy, the Jealousie of friends proving false, or fal­ling off, the feares of losing what They should gaine; all these being passive more serious and anxi­ous than the hopes of the adverse part, Feares more deeply seizing and disquieting the Conquerours spirits especially whilest their Victory is accompanied with study and thoughts of mercy towards the Conquered, hopes in the vanquished being more bold and active, raising thoughts working still how to recover what they have lost.

XV. Again, They could not but consider that in a War with Them, the King Their Enemy would have some of his Party fit and able to inveigh and declaim against Them as being Rebels for contending with him, wherefore in case of the Parliaments prevailing untill a full Conquest made, They being subject to the charge of Rebellion, Treason, and accused thereof, as by several Edicts and Declarations published it hath fallen out; and that the King with the help of his Mercurius Aulicus. Chronicler hath in a continued tone named Them the Rebells at Westminster, Perjured, and nothing since of pardon to assoil them from such guilt to repeale such censure, could not but expect to be dealt with by their Enemies thirsting after Revenge and Conquest with Vices of as sharp an edge to revenge and wound as with Dissembling, Treachery, Falshood, Perjury, whilst the Parliament and their friends are in the state of Traytors, as the Kings party counteth Them, and nothing done by him to clear Them from such guilt, tis held but just to recompence Treason with Treachery, [Page 21] Forswearing with Forswearing, and all held honest means in order to the chastising Rebells, and good e­nough to be practiced against the Power of Traytors, casting and scattering the seeds of those Vices even a­mongst the Parliaments own Friends, to divide Them within Themselves, to cut asunder the Tyes and Li­gaments which should strengthen their Accord, that be­ing weakned they may be overcome at last; So the Dissembling, Fraud and Art which the Loser practi­seth as his means of recovering his loss, may teach the Winner as his means to keep what he hath got,

XVI. That all disasters and evils, whether Sicknesse, Dearth, or what Calamities soever happening through and by reason of such numerous bodies as an Army consists of, what Enormities and Errors committed or suffered either in Church or State, an Army can by their strength defend, and justifie, none daring to que­stion them, so all the evils and injuries done to be laid to the charge of the present power, which Governs and Rules no better in the peoples account, thence recko­ning all the disasters of the war to flow, not loo­king on the first occasion and Authors of the war.

Neither doth the peoples Regreet and Iealousie cease in this surmise, for that moreover there are to be Agents and Officers belonging to, and providing for an Army (Receivers, Expenditors, Treasurers) o­thers, too many to be here recited, who in troubled waters will bring in to their private banke what is to be raised for the publique use, and that the Warre and Calamities thereof are protracted through their corruption and privy gainings.

[Page 22] XVII. That in a Battle fought which side soever should prevaile, there would fall ou [...] enough to di­sturbe and divide the thoughts of either side (the Con­quered and Conquerour) fears and doubtings in the Conquered, whether they should wholly yeeld unto the Conquerour, or entertaine hopes of recovering their losse againe, Pride and Insolence in the Conque­rours dividing them likewise into variety of opinions what course were fittest to be taken for their next at­chievement, the distractions thereof have sometimes overthrown an Army, the Commander in chief being not at al times present nor his judgment at any time in­fallibly certain to direct, and when aVictoria naturâ insolens & superba est Cicero. victory shall be gained, which naturally is proud, and by Pride comes contentions, emulations, and variances in actions as well as in opinions, the Conquerors strength would be thereby weakned, and thence in danger to be lost.

XVIII. That untill a compleat and full con­quest made, which could not be without much pres­sure, and heavy sufferings on the vanquished, with­out charge and payments layd on all, Enemies, Friends (Enemies in being fined for their Delinquency, Friends burthened by reason of their expence and charge in the publique service, of providing for the common peace, for the maintenance of the Souldiery and the like) an Army was to be continued and main­tained to prevent Insurrections here at home, inroads and invasions from abroad, that the Army was to con­sist of multitudes of Souldiers, those multitudes would have their severall humours and opinions tending to divisions, consequently to the destruction and ruine of the whole, that without an extraordinary care to [Page 23] please and satisfie them in their demands, there would be mutinying, revolting, and inconstancy in the pri­vate Souldiery for want of judgment to discern for what they fought.

XIX. That if the Conquerours power should at any time abate, before a full and totall conquest made, he would be put to it what course to take to encrease it a­gaine, Forcing and Impressing men to fight in a cause so intricate, as unto some it seemed then, and for a long time controverted as this hath been would prove harsh and irksom and would meet with resistance in a people made and born free, unlesse their pay and reward be answerable to, yea beyond their meritings.

XX. That in the confusion of a civill Warre, many dissentions and emulations upon true or misapprehen­ded grounds, would fall out amongst the orders and ranks of men, to disturb and overthrow the degrees and dependencies each on other, according to their seve­rall and respective Qualities, all begetting and Fomen­ting an universall distraction throughout the Kingdom, not easily to be allayed in the heat and preparations to a Warre, untill a deliberate and true examining the misunderstandings which the fury of a War begun would scarce endure, should set it aright.

XXI that if new and sub-divisions should fall out a­mongst themselves in matters of judgement or opinion, and thence contentions grow, the prevailing party would be to seek how to deale with those who for­merly had been their friends, and heretofore assisted them in their greatest wants, but since by reason of new dissentions have discontinued their affections acting and labouring against their proceedings, whether [Page 24] in point of Gratitude they should forbear to punish them as their adversaries, or in point of Safe [...]y take such a course as may best defend and secure them, and themselves also, from the common enemy.

XXII. That a VVarre, the longer it continues, the more cruel and desperate it would grow; for that, when as one party hath prevailed, and afterwards the victory comes againe to be disputed, the successe grow doubtfull, the prevailing power must, and with good reason would, punish their adversaries with a severer hand, the adversaries out of foresight thereof would be the more sedulous to prevent, the more active to provide against such severity, so the contention between them would become the more extream.

XXIII. That, in the summe of all, a VVarre although of a short continuance would produce more mischiefs, more Sects and Schisms, more disorder and disturbances in a commonwealth, than a Peace re­stored againe, although of many years growth would recover to its former temper.

So many anxieties, so much evill incident to a civill war, could not but keep wise men from harbou­ring the least thoughts of Leavying one, yea to say more on the Parliaments behalfe, and Their desires of peace, after the war was waged, and to prevent the effusion of more blood, Their offering and accep­ting Treaties, have manifested the same; that when in Thei [...] Battails fought, They were at the high­est Tyde of successe, They did not refuse to Treat, nor when at the lowest Ebbe forbeare to Fight.

These prudentiall Reasons incident to, and con­sequent [Page 25] on a Warre, and to wise men obvious to have been foreseen could not but induce Them to decline a Warre, yea deter Them from levying one, These might withall together with many more which might be added hereunto, and put into the Ballance with the Objections offered by the Kings Party [to prove the Parliaments designe of overthrowing Monar­chy, which they could not doe but by a Warre,] will outweigh the objections, and imprint in all men who shall impartially look into the beginnings and progress of this War an undoubted knowledge of the Parliaments just actings, and these Reasons of fore­sight together with what hath past, might satisfie all knowing and discerning men that if the Parliament did intend to levy a War against the Kings evill Councellours, the KingdomesKing James his Speech in Par­liament, 1609 Pests and Vipers, ra­ther then They should be borne down in Their just de­fence, They did not intend to levy one against the King who had as many friends to adhere unto as the Parliament had enemies of many sorts Offendors Inte­rested and Obnoxious Persons to confront and oppose Them in their proceedings.

The Reasons being now set forth which might give assured satisfaction to the Reader of the Parliaments aversenesse from a War, of their desires for Peace, it is to be equally considered what may be brought in by way of opposition against the applying them ra­ther to the Parliaments Interest than to the Kings. If it be retorted as an Objection against the Parli­ament and Their Friends, that the Kings Party being discerning and prudent men, might have made use of the self same Reasons for their declining a Warre also [Page 26] being of the like prudence and foresight: 'Tis an­swered, they being invested with a ful and ample power of the King and his adherents it might breed in them a greater confidence of prevailing, and so were not to be conceived to apprehend so many doubts and fears in their undertaking a War as the Court of Par­liament did.

The chief matter of Objection which their enemies give out whether published in Print or discoursed onely is that three or four Gentlemen of quality of popu­lar note as they render them before the beginning of this Warre, chosen Members of the House of Commons together with a Baron of the Realme, a Peer of the House of Lords, dwelling in neighbou­ring Counties each to other, and sojourning before the beginning of these troubles with aIn North­thamptonshire. Gentleman a Neighbour and Friend of theirs did there conspire or contrive the overthrow of Monarchy, to alter the frame of Government with intent to act against the Power and Person of the King: If neither of these contrivances or intents appeared by any Discourse, Letters or other Acts of theirs, the Objectors shew more spleen against those Gentlemen then reason in drawing a prejudicial conclusion against the Parlia­ment from their owne feigned or mis-conceived pre­mises.

Many the like objection may be devised and whis­pered on purpose to traduce the Cause and Persons now opposed, but unless the Truth were proved, and the Inference better framed, the Objections are of lit­tle use.

Did not the Parliament suffer more through Divisi­ons [Page 27] within Themselves, then by such Arguments and Inferences used by Their adversaries, such like Ca­lumnies could not hurt Them; for that They have now got the upper hand They seem notwithstanding to di­vide anew, with apparance and approach of danger to both the divided Parties, the one leaning on a Covenant which party supposeth it to enjoyn and hold a Presbyte­rian Form of Government, the other contending for a kinde of Independency, as 'tis called, yet it is to be pre­sumed that neither the Independent which seems a pri­vative, nor the Presbyterian a positive Forme, can as yet during these Distractions be firmly and throughly e­stablished, such Contentions may unhappily beget a Quarrel to the overthrow of both upon their Con­quering, which will be held rather an event of the Conquerours good successe than from any self-wilfull humour, many on either side being sober and discer­ning Gentlemen, which division if it should continue, what may be guessed to be the event thereof, that for the sake of a few dissenting in opinion we should fall out within our selves, or that a Neighbouring Nation of late our friends and fellow-sufferersSir Fran­cis Bacon on the life of Hen. the 7th. whose aid and union might have been of mutuall security and use to Us both should fall out with Us or We with Them, and so imbroil two Kingdoms at the least in an ir­reconcileable War about differences in opinion, about termes meerly notionall, about opinions strange and unknown to them (In the first War they knew for what they fought) about a form of Government, which hath not nor can take root until the Warre which confounds and overthrows all Government be ended; The direct and certain issue in the tryall of the first [Page 28] Contention betwixt the King and Parliament was Whe­ther the King having by his Creatures actually invaded the Subjects Liberties (the other differences in Church and State are collaterall accidentally emergent out of the grand Difference about the first and more princi­pall (viz.) the Subjects Liberty) The Court of Parlia­ment should sit as Scepticks to look on onely without purposing or endeavouring to redresse the same, or to be so confined in Their Consultations and Resolutions, as their Enemies should prescribe, or the extreamest of all, be so driven to new Councels, to extraordinary high and severe proceedings, to courses seldome pra­ctised, (the passages and quality of the persons with with whom they had to deal being weighed withall) as where the disease is imminently dangerous the mis­chief desperate, the Cure must be answerable, or the whole Body perish for want of a timely and prudent remedy to be applyed: The Parliaments actions if therefore rigid and severe as to their Enemies, if va­riable and uncertaine as to their selves may in these streights and exigencies whereunto they are driven and forced for safety be dispenced with: It seems to fare with them as with Seafaring men in a boysterous Storme who are fain to steer their vessell, which way they may best secure their Fraught and Charge, some­times Northerly sometimes plain North, sometimes Northwest, sometimes Northeast, sometimes plain South, sometimes North againe, so from one cross point unto another having still the Harbour and End of their Voyage in their eye, so with Them encountring with such uncertainty aud variety of oppositions from their Enemyes, (yet all meeting in one Center to the [Page 29] subversion of their power and strength) such Non-con­formity & dissention even amongst themselvs & friends that They cannot yet Act within a direct, certain, and constant compasse, to please all lookers on, Their ayme and end notwithstanding may be one and the same [the defence of the Lawes, the peoples liberties, and the maintenance of the supremest Law the Peoples safety] yea Their Edicts, Orders, and Ordinances devised and made in jealous▪ and troubled times cannot well be free from all exception, Many of their adversaries being knowing and prudent men if their animosity and height of Spirit would give way to the exercise of their knowledge upon their consulting and conferring their observations to what they have known and read can no doubt frame exceptions against the Parliaments proceedings, as the acute and more witty sort can deride and make sport at Them in their looser jests and Poems: Neither will any man imagin that in the fiercenes and heat of preparations for a War, when their chief thoughts of providing to assaile and to defend were most attentive and wholly taken up, that then They could de­vise so punctually exact and perfe [...]t Laws and Ordinan­ces as perpetually to bind, or such as no specious Ob­jections might be urged against the consonancy of some of Their late Ordinances to former and whol­some Lawes; yet whilst their endeavours are to main­taine and defend the main Principles (viz.) God's Ho­nour, the Subjects liberty (the one in danger to be born downe, the other by severall arbitrary act [...] of power in­vaded) and the Laws and Ordinances for maintenance of both by the same power made in-effectuall and neg­lected: when the Parliament in defence thereof saw [Page 30] how They were interrupted in Their proceedings how compassed about with a potent Enemy surrounded with many advantages of power and policy to bend his forces against Them under the calumny of being Rebellious Subjects They were to provide alike how to preserve and secure by all possible means what he did attempt to overthrow; wherein they could not tread so even and precise a way in making all their Acts and Ordinances as to be free from being quarrelled, with, that no Rea­sons might be framed and arguments raised by such as were likely to prove their adversaries against some of such Their Ordinances yet the intent and ultimate end of Their undertaking may be one and the same [the pre­servation of the Lawes, the maintenance of the chief and supremest Law the Peoples Nulla tam sancta Lex est quam non op­po [...]ceat, si salus populi post [...]let, urgeatque ne­cessit [...]s, mu [...]a­re. Bodin lib. 4. de Repub. safety,] wherein if They shall faile or not be able to make it good, we know by some late years since experience how barba­rously and cruelly their enemy's malice did shew it self against Them as being reputed Rebells, in case he shall recover his power againe, how a desperate Revenge ad­ded to will second his first and furious cruelty, and to Crown his glory, as for the better exalting his pre­tence he shall impute it unto Gods justice saying [It is the Lord's doing (it may be his suffering it through their divisions) and it is marvelous in our eyes that he hath wrested the Sword out of our enemies hands and put it into ours, for no man he will say can think that Re­bellion as he takes it shall for ever passe unpunished] th [...]n when he hath regained his Power, he will not want Ar­guments from his own, nor from a neutrall party si­ding with him upon his conquering, to bring whom he pleaseth within the compasse of Treason and Rebellion to [Page 31] make the Parliament mens Persons and Acts hisSee the Parliaments Remonstrance 1647. sport and scorne, those Proclamations of his lately ac­cusing and proscribing many of both Houses of Parlia­ment as guilty of High Treason, with other Edicts of his to be revived, those sentences and judgments seriously denounced against Them and Their proceedings, the scoffs and flouts jestingly pass'd on the Parliament and Their friends and by the wi [...] and power of Their adver­saries made good against Them whey They have lost Their Power; which Power is visible yet, Their strength not shortned, the great difficulties the fierce conflicts which They have wrestled with, the Revolting of Their Friends, the multiformity of Opinions a­mongst Themselves might have have abated Their suc­cesse and weakned Their strength, had not an Al­mighty hand supported Them amongst those difficul­ties, never so many stratagems policies and fals­hoods practised by an Enemy to impaire the Parlia­ments strength to advance his own, but that the God of Truth hath discomfited and dispelled them all, in which whither [...]he hath done it in favour to the justice of Their Cause, or in his fore-knowledge of Their Enemy's malice to be avenged if he could have got the upper hand, I leave to the judgment of the cryed up In the [...] Treatise 28. upon the Vote of Non-Ad­dresses. Author who hath more fitly observed That Gods wise providence often permits what his revealed Word ap­proves not, then he hath suited his resembling of the Par­liaments successes to prosperous winds filling the Sailes of Pyrates to iustifie their Pyracy, when as the giving or denying victory and courage in the day of Battle is a more immediate and effectuall work of God's Almigh­ty Power acting and taking an especiall care in the affairs of War.

[Page 32] The ReasonsIn the Book stiled the present judgment of the Convoca­tion held at Oxford. offered against the Covenant Dire­ctory and Negative Oath are learnedly penned if as ap­positely applyed: To the two first, let the Scots main­tain what they were the first contrivers of themselves, yet thus much may be said on their and our part joynt­ly that the signification of the termes [Tyrant and King] being opposite (although inCal [...]ing J [...]piter (amongst the rest of t [...]e hea­then Gods) [...]. Homers time the word Tyrant was taken in the better part) the one the desolation, the other the [...] quasi [...]. foundation of a people, both Nations declaring and accusing the King of Tyranny neither of them could think that the frequent Petitions in the Common Prayer book for and in the King's behalfe were to be used by his people, himself being in open arms against them: The Common Prayer book was confirmed by a Statute Law in a Princes time who at the beginning of her Reigne having redeemed the protestant Religion out of the bondage of Popery and superstition did by her piety and prowesse keep her people in peace and plenty, and therefore might de­serve their prayers when and as often as the Liturgy prescribes. The Ordinance for laying aside the Service book for enjoying the Directory is an act of their pre­sent Iudgment who have done it, as the arguing against the Directory from Oxford is an act of theirs which they so represent as if their after-Iudgement and second thoughts might admit what for the present they have reasoned against, who with a cautious modesty have argued and styled it their present Iudgment: If positive Lawes be subject to alteration and repeale, Ordinances which bind only for the present may likewise be, so then a set form of prayer may be resumed and used according to the Orthodox and true Church discipline [Page 33] admitting also the most principall and necessary parts of divine service prescribed in the Liturgy.

So the Negative Oath, That none shall assist the King against the Parliament and his People, &c. where a thing is commanded or forbidden by any Powers, the with­standing and doing contrary to the command of such Powers is a transgression punishable at their pleasure and discretion, whether it be by Fining, Imprisoning, according to the degree of the offence, wherefore the urging Cap. 11. Hen. 7. seems not applyable to the condition of this present Quarrell; for admit that neither of the three (viz. The Covenant, the Directo­ry, the Negative Oath) be in the judgement of the Convocation at Oxford, and of many others free from being excepted against; as that neither the Covenant nor Negative Oath are to be imposed upon the Sub­jects, yet the distinction being made between the times of Peace and these of Warre takes off from the value of the exceptions: where two Parties are extremely opposite, each Party striving to make good their Interest, if the one may impose what Oathes they please as the Kings party did at Oxford, to enjoyn all within their power (whether satisfied in their Consciences of the truth therof or no) to swear that he was a Just, Pi­ous and Protestant Prince, the present Powers may en­joyne what they think fit in their prudence and know­ledge of him to abrogate this latter Oath, and to for­bid the assisting him

In the Convocation House at Oxford their exami­ning the Ordinance for enjoyning all the Three par­ticulars forementioned, they should as wel have exami­ned the Reasons of the Ordaining them, they should [Page 34] have premised and stated the occasion the beginning of the Warre how it came to be waged by whose means on which side the Offensive, on which the De­fensive was; For to measure the thing enjoyned by the particular events, by the subsequent and emergent actings, as what hath since fallen out, what hath been done what required to be done, is no good or adequate rule: had the matter occasioned been more suitable to the occasion, their exceptions against those Ordinances had more availed their Cause.

The urging the transgression of a known Law (viz.) the 11 of Hen 7. 18. [That none that shall attend upon the King & do him true service, shall be attainted or forfeit any thing] fitteth not this present case, neither do they who urge the same, rightly examine the occasion and ground of enacting it, the Parliaments imprisoning fining their Enemies, is no transgression of that Law if rightly and formally understood, and wherefore twas made; The reason of enacting that Law is to be weigh­ed, It was not with the late King as with Henry the seventh, the late King had no forraigne or domestique VVarres, none stood in Rivalship with him for his Crowne, he came in Peace and by a lineall succession to it: when that Law was made in the eleventh of Henry the seventh his Raigne and after his conquest made, many the like Lawes were made in severall Parli­aments from his first comming to the Crown in rela­tion to the security and attendance upon his person meeting with a Rebellion in the Kingdom of Ireland, mutinous and male-contented Subjects in the Kingdom here, ready to bid battell to him, the Parliament cal­led [Page 35] when that Law was made (therefore styled by a lear­ned Sir Fran­cis Bacon on the life of Hen. the 7th. Writer a Parliament of Warre being indeed in substance a Declaration only of a War against two po­tent Kings Charls the eighth of France & Iames the fourth of Scotland two Neighbouring Enemies of Henry the se­venth) and then enacted with some Statutes conducing thereunto as the severe punishing mortpayes and keeping back Souldiers wages by their Captaines, the like severi­ty for the departure of Souldiers without Licence, strength­ning of the Common-Law in favour of protections for those that were in the Kings service, and setting the gate open and wide for men to sell and morgage their Lands without Fines for alienation to furnish themselves wi [...]h mo­ney for the War, and lastly the voyding all Scottish men out of England; So the reader may observe wherefore that Statute so much urged against this present Parlia­ment and on the Kings behalfe was enacted which also the aforesaid Writer judgeth to be more just then legall, more magnanimous than prudent, his reason was That it was both agreeable to reason of State that the Subiects then should not enquire of the Iustice of the Kings Title or Quarrell, as also to good Conscience that whatsoever the fruits of War were, the Subiects should not suffer for their obedience, besides it did the better take away the oc­casion for the people to busie thewselves to pry into the Kings Tytle or Quarrell for that however it fell, their safety was already provided for, withall it could not but greatly draw unto him the love and hearts of his people because he seemed more carefull for them then for himself, the Writer excel­lently disputes the quality of that Statute setting forth the reason for, the inconvenience against the making it, observing also that it did take off from his party that [Page 36] great tye and spurre of necessity to go Victours out of the field co [...]sidering their lives and fortunes were put in safety and protected whether they stood to it or ranne away, concluding the force and obligation of the Law to be in it self Illusory as to the latter part of it by a precedent act of Parliament to bind and frustrate a future; whenas a su­preme and absolute power cannot conclude it self nei­ther that which is in nature revocable be made fixed▪ no more then if a men should appoint or declare by his Will that if he made any latter Will it should be void. the quality of the Statute it self being considered as to the Imprisoning Fining some of the Kings Party for adhe­ring unto for taking part with him against the knowne and fundamentall Lawes seem to be of no use to the present Quarrell betwixt the late King and the Peo­ple, that objected Statute seeming Temporary only, whereupon the aforesaid Writer concludes with this A­phorisme that things that do not bind may satisfie for the tim [...].

But to returne to the occasion of this Warre, how unhappily continued how easily the terms of dissention now in being are reconcileable how petty a difference there is betwixt the two Tenents of Independent Pres­byterian is easy for any man to know who shal enquire into the quality of either, of what growth settlement and extent they are, the one the Presbyterian not ripe enough as yet to be established, neither the times now fit to entertaine a fixt or established forme of Government to bind all sorts of men, many having been left at liberty whether they have or will take the Covenant, many who have taken it thinking [Page 37] themselves not obliged forthwith and in all parts to keep it having for some cause discovered since their taking set it aside: The other the Independent a see­ming rather then a certain abdication or totall renoun­cing all Government or for ever, the Lord General and his army called Independents (but why let them that call them so answer for it) have solemnlyIn the Re­monstrance dated Nov. 1648. pag. 6. decla­red against such disorder and non-Government: There are tis to be believed some adhering to the Parliament other of the same sort belonging to or having been of the Army that desire an independent and unlimited Po­wer which neither derives its beginning nor receives its bounds from the Magistrate which kind of humour the Parliament neitherSee the Declaration of the Lords and Commons in Answer to the Scots Commissioners dated the fourth of March, 1647. approveth nor admitteth of. There are some besides styled Independents and many of them may haply desire to shake off that hea­vy yoake of Government which growne through the corruption of manners and indulgency of times into abuse exorbitancy and oppressings doth gall and heavily presse their Fellow Subjects necks not by an easy or ordinary course to be taken off; yet the granting these proves not that the Parl. maintains or which is lesse allowes Disorder or Non [...]Government in a Commonwealth, the Division between them two Presbyterian and Independent was handsomely hatched and as cunningly carried on by the Common Enemy on purpose by Dividing to overcome them both, or as is before observed, it befell through their pride of Conquering: The main and originall difference first in dispute between the Kings party and the Parliament's arose from matter of Fact which brought in this dis­pute [Page 38] or question (amongst other things) unto whose charge the Deluge of blood spilt in this Warre is to be laid: The Parliament hath declared, That it is to be l [...]i [...] at the King and his Parties doores: For instance sake, The bloud-guilty and horrid act of hindring the re­lief of Ireland whereby thousands of his Protestant Subiects have been slain, which holds the three heretofore uni­ted Kingdomes in a languishing and sad estate even at this day, the one divided against the other and many of the People of all three despairing to enjoy their for­mer P [...]ace, the Parliament instancing First in his spa­ringly an [...] too late proclaming their Enemies Rebells when the Rebellion first broke out, By signing Commissions to the chief Actors in the Rebellion, See the Breviary of the History of the Parliament of England, pag. 112. the Gene­rall Assembly of the Church of Scotland sending unto him a serious Admonition to that purpose, and charging him therein to be guilty of the shedaing the [...]loud of many thousands of his best Subiects; The Parliament of England their Commissioners at theSee the Objections and Answers at large in the relation of the passages at the meeting at Vxbridge 1644. Printed then at Oxford. Treaty at Ux­bridge urging as to the Warre in Ireland his disapproving the subscriptions of the Adventurers and Officers of the Army im­ployed for the relief of his Protestant Subjects there, by meanes whereof the conrse intended was then di­verted, his making a Cessation with the Rebells which had it not been in the time of their greatest want and the Forces imployed against them not drawn off, they might in all probability have been ere this subdued and the War even finished, Instead thereof it is protracted, That King­dome having been by the prowesse of hisHen. 2. [...]. Eliz. Prede­cessours [Page 39] kept entire united unto and aThe Law book Ca­s [...]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. Dal [...]on Iustice of Peace in cap. de high Treason. Member of this State of England is by his and his Party's abetting it put into a Conditi­on and even invited to invade and conquer This, And what was wanting to be further acted by himself and his Councell is now set on and continued by his Party, hindring the supplyes and forces sent over by the Parliament to reduce the Rebels, raising and somenting a new Warre between Us and the Scots to divert the Forces intended for the relief of Ireland, that by a Warre with Scotland the English may be lesse enabled to prosecut [...] their design in Ireland. That the Commissioners sent by the two Houses of Parliament for the better supply and encouragement of the Army in that Kingdome, were discountenanced and com­manded from the Councell there where the prosecution of the War was to be managed. The Houses of Lords and Commons in the debate with the King about the Affairs of Ireland sent him word that his Message then sent to Them wherein He chargeth them with false pretences and a purpose in Them to divert large sums of money collected from the English from the proper use to which it was intended, was an high breach of the Pri­vilege of Parliament, and upon that occasion They declare many particulars of their care for the reliese of I [...]eland and the Kings hindring it. Those particulars there ex­pressed are as followeth, They declare that this bloody Rebellion was first raised by the same Counsell that had be­fore brought two great Armies within the bowells of this Kingdome and two Protestant Nations ready to welter in each others blood, which were both defrayed a long time at [Page 40] the charge of the poor Commons in England, and quietly at last disbanded by Gods blessing on the Parliaments en­deavours; That this designe failing, the same wick­ed Counsel who had caused that impious Warre raised this barbarous Rebellion in Ireland and recommended the suppressing thereof for the better colour to the Parliaments care who out of a fellow-feeling of the unspeakable miseries of their Protestant Brethren there, not suspecting this horrid Plot (now too apparent) did cheerfully undertake th [...]t great worke, and doe really intend and endeavour to settle the Prote­stant Religion and a permanent Peace in that Realm, to the glory of God, the honour and profit of his Majesty, and se­curity of his three Kingdomes: But how they have been dis­couraged retarded and diverted in and from this pious and glorious worke by those traiterous Counsells about his Maiesty will appear by these particulars. They there mention the sending over at the first of twenty thousand pounds by the Par­liament and that good way found out to reduce Ireland by the Adventure of private men without charging the Subiect in generall, which would probably have brought in a million of money had the King continued in or near London, and not by leaving his Parliament and making War upon it so in­timidated and discouraged the Adventurers and Others who would have adventured, that that good Bill is rendered in a manner ineffectuall. They mention that when at the sole charge of the Adventurers five thousand Foot and five hundred Horse were designed for the relief of Munster under the Command of an English The Lord w [...]a [...]ton. Lord, and nothing was wan­ting but a Commission to enable him for the service, such was the power of wicked Counsell that no Commission could be obtained from the King, by reason whereof Lymrick was wholly lost and the Province of Munster since in very great [Page 41] distresse, That when well-affected Persons at their own char­ges by way of Adventure had prepared divers Ships and Pinnaces with a thousand Land Forces for the service of Ire­land, desiring nothing but a Commission from his Maiesty, that Commission after twice sending to York for it and the Ships lying ready to set saile three weeks together at the charge of neer three hundred pounds a day was likewise denyed, and those Adventurers rather than to lose their Expedition were constrained to goe by vertue of an Ordinance of both Houses of Parliament, That although the Lords Iustices of Ireland earnestly desired to have some pieces of Battery sent over as necessary for that service, [...]et such Command was given to the Officers of the Tower that n [...]ne of the Kings Ordnance must be sent to save his Kingdome, That a prime Engineer and Quarte [...] master Generall of the Army in Ireland and in actu­all imployment there against the Rebells was called away from that important service by expresse command from the King, That a Captaine Comptroller of the Artillery a man in pay and principally imployed and trusted here by the Lord Lieute­nant of Ireland for providing and ordering the Train of Artil­lery which was to be sent to Dublin, and who had received great sums of money for that purpose, was Commanded from that Employment and Trust to serve the King in this unnaturall War against his Parliament, and when the Parliament had provided many hundred suits of Cloaths and sent them to­wards Chester, the Waggoners that undertook the Carriage of them were assaulted by the Kings Souldiers lying about COVENTRY who took away the Clothes, That three hundred suits of Clothes, sent likewise by the Parliament for Ireland towards Chester were all ta­ken away by the Kings Troopers under their Captain allowing it. As likewise that a great number of Draught-Horses [Page 42] prepared by the Parliament for the Artillery and Baggage for the Irish Army and sent to Chester for that purpose, being there attending a Passage were then required by the King for his present service in England, whose Forces were so quar­t [...]r [...]d about the Roads to Ireland that no Provision could pass thither by Land with any safety, That two other Captains the the Admirall and Vice-Admiral of the ships appointed to lie upon the Coast of Ireland, to annoy the Rebels and to prevent the bringing Ammunition and Relief from Forreign Parts were both called away from that employment by the Kings Command and by reason of their departure from the Coast of Munster to which they were designed, the Rebels there have received Pow­der Ammunition and other Relief from Forreign Parts. By whichSee these Charges men­tioned by the two Houses of Parliament against the King in M [...]. May his History lib. 1. cap. 6. pag. 118. particulars say they it may seem that those Rebells were countenanced there to assist the Enemies of the Parliament here especi­ally considering that those confident Rebels have presumed very lately to send a Petition to the King entituling themselves his Majesties Catholique Subjects of Ireland, complaining of the Puritan Parliament of England and desiring that since his Majesty comes not over thither ac­cording to their expectation they may come into England to his Mai [...]sty.

These are the Charges whereof both Houses of Par­liament have in these very words accused the King and cannot look back to retract their Charge: And what, at the beginning of this Warre, was imputed to the Kings evill Counsell as their crime in seducing him to an arbitrary and tyrannicall way of Government, to the coun­tenancing if not the promoting this Rebellion of the Irish, even now mentioned, to the refusing to signe the Proposition tendered to him by the two Houses of [Page 43] Parliament as the onely and necessary means for set­ling a firm and well-grounded Peace (with other of the like kinde which might be instanced in) the Hou­ses out of tendernesse to his honour would have remit­ted as to him, being willing to abstract and sever his personall Acts from the Acts of such his Counsell: yet he refuseth not to excuse his Counsell nor positively or seriously denieth those Charges as to himself, only jestingly declines the particular presumptions where­with he was charged of his privily countenancing that Rebellion in Ireland as not worth the answe­ring; Withall whereas the Kings party argue to have the King himself excused, his Counsell blamed for his mis-government, they must as well distinguish betwixt his Counsell before the Warre and his Coun­sel since the War began and limit it to whom of that his Counsel were his Seducers: so the distinguishing before the War began, between the Kings own Acts and those of his evill Counsell seems to be of no value whereby to excuse the King, and wholly and in a generall way to charge his Counsell indefinitely named [his Evill Counsell] igno [...]ely spoken who they were, neither assig­ning or setting forth (as the Arguers in the particu­lars should for the better compleating their Apology for the King) who the Super-intendent and President of that Counsell was: Besides, the King contending on the one hand to rescue and protect whom the Parliament on the other did contend to punish, it was a matter of no small difficulty to discern and judge by the under­standing how an abstract and separation might be had betwixt the King and that his Counsell they mutually and strenuously contending to assist and defend one a­nother.

[Page 44] The Question therefore by way of Argument be­twixt the Kings party and the Parliaments as between the Commissioners imployed on either side to Treat, admits now no verball or written Answer to or De­nying; it is to be determined by no other Umpire then the Sword, and what the two opposite Parties have a long time strove for, the one defending their Cause in their Books and Writings by vehemency and height of Wit, the other theirs by solid and substantiall Pru­dence seems to be left to the Conquerour to deter­mine.

What the odds is betwixt their Writings because controverted by either side which Party doth declare and argue more prudentially the Reasons of their severall un­dertakings in this Quarrell as which Party the Kings or the Parliaments have writ more sufficiently and sub­stantially concerning the subject of their Proceedings in this Warre, whose Writings and Declarations have been more true, whose most seditious and false, which Party hath in their severall Books been most seriously and truly charged and accused of offending, which more genuinely and sincerely have argued, let the Reader judge: So because there may not want Fuell for Contention 'tis debated concerning the actions of Violence and Terrour to the People on either part (the Kings and the Parliaments) which did act with more Cruelty by putting all sorts of People to the Sword, spoyling, consuming with sire laying wast Houses, Villages, Towns, 'Tis known that aBERK­SHIRE. County not farre distant, scituate in the chiefest part of the Land gives testimony of consuming by Twyford, O kingham, [...]arringdon. fire against the one in a sad Record.

[Page 45] As to the Writings on either side where the one hath propounded and objected what the other hath answe­red, for instance sake take three or four here following for the rest.

First the Letter to the Governour and Councell of War at Bristol (that City being then a Garrison for the Parliament) from the Lord Lieutenant-Gene­rall of the Kings ForcesSee Master May his History of the Parliament of England mentioning the De­mand and Answer. requiring the Governour and Councell there to forbear the putting to death the two Citizens, threatning withall to retaliate the like judgment and ex­ecution upon some Gentlemen of the Parlia­ments Party kept Prisoners by the Kings with the resolu­tion and Answer of the Governour and Councell to such Message.

The quality of which Answer is forejudged already and replyed unto inIn the Book of an un­known Author called The State's Martyr. Print to be an insolent Pamphlet with other words of scorne, which Letter and Answer being here set down, the Reader may discerne the difference between the weight of either.

[Page 47] The Answer of this Letter was as follow­eth.

[Page 49] SecondlySee the Message and Answer. That from the Marquesse of Argyle and Sir William Armine Commissioners from both King­domes of England and Scotland, fully and in few words delivering their Intentions and Reasons for the Summons sent to the Governour of Carlisl [...] a Garrison for the King, with his Answer to them, full of words, pregnancy of wit and iealousie, reiecting their Summons, and some of his Party derogating elsewhere from the worth of See the History of the Kings affaires in Scotland, &c. where the Historian speaking of the Marquesses M [...]n [...]osse and Argyle, the Generalls of the two opposite Armies in the Kingdome of Scotland he highly ex [...]olls M [...]ntrosse and as much reviles and derogates from Argyle, rendring him in many passages of that Booke A [...] spirited So [...]ld [...]er and a Knave, when as in other mens judgements he had when he was so depraved otherwise proved himself. one of the Commissioners.

ASee it cited in the Oxford Declaration pag. 1 [...]. third of no great length the Reader hath it in the very words sent from both Houses of Parlia­ment to the King, with his Parties descant and scorn­full Comment on the same.

The Kings parties Apprehension and Comment on the Letter in these words.

‘Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming language in them to call his Maje­sties earnest endeavours for peace but Professions, and their own feigned pretences most reall Inten­tions, but much more wonder at that menacing language, that his Majesty cannot be the least nor the last sufferer; which expressions from Subjects in Arms to their Soveraign, what dangerous con­struction they may admit, we are unwilling to mention.’ Thus much for the Kings parties Com­ment on the Letter.

[Page 53] One other intercourse of Messages between both Parties of a latter time. The Summons sent by the Committee of both Kingdoms to the Governour of Newarke for surrendring that Towne and Fort. The See the Kings Letter March 23. 1644. and the Committees Summons in Aprill follow­ing. Summons expressing perswasive and valid rea­sons to surrender it, the Governour rather his Secre­taries Answer full of good Language, courage and strength of wit, wherein mentioning the Kings Let­ter sent the 23 of March 1644. unto both Houses of Parliament, he urges the Kings granting Graecious Con­ditions, and proves it, in that he would Disband his Forces Dismantle his Garrisons &c. he who penned the Answer recites not all the Kings Proposalls, as that he would have withall his Friends pardoned, the Sequestra­tion taken from off their Estates and the like: either he saw not the Kings whole Letter, being he recites but one part only, or else he smiles in his sleeve, thinking by his reserved Comment on the Letter to satisfie the Committee there and the whole Kingdom besides of the Kings gracious inclination in that Letter, whereof the Answerer reciteth but one part: the offering those promises which he mentions and commends the King for, seems like Sathans contracting with our Saviour in the Gospell who tells him of large gifts to give him all the Kingdomes of the Earth and the glory of them, but on what condition? On such as Christ his purity and immunity from all sin could not accept viz. to fall downe and worship him. The Kings Letter was easily to be understood by any who shall read it collectively and all together but not a part only, as of disbanding his Forces dismantling his Garrisons with other the like gracious proffers made; [Page 54] but on what condition are they made? to have his friends pardoned and their Sequestra [...]i [...]ns wholy taken off. Such manner of collective speaking being conditionall the one is not expected to be done on the one side, if the rest be not performed on the other. The Answerer's mentioning so much of the Letter as may serve the turn in reciting the Kings gracious promise leaves out on what condition the promise is made: the condition an­nexed to the promise frustrates the vertue of the pro­mise, for that which the answerer calls gracious in the Kings Letter of Disbanding his forces, if nothing else were to be expected are in every mans Iudgement as in the Answerers gracious indeed, but that the Kings expects to have his Friends pardoned the Sequestrations wholly ta­ken off from their Estates, were by the Parliaments giving way to the revoking their own Iudgments to accuse themselves of Injustice-doing to put them whom they ac­counted Offenders and their enemies into as good or better condition then their own friends, the Answerer if knowing the Kings whole letter and would contract it into parts reciting only that which serves his turne, the Committee being presumed solid and understanding Gentlemen would questionlesse follow the dictates of their own Iudgment without replying to the An­swerer.

For an handsome Dialect and height of wit which haply may delight some Readers but cures not the di­stempers and calamities of a Civil war, nor satisfies the serious expectation of unbiassed spectators or Actors in these Tragedies, it is confessed that the Assembly at Oxford and their Party in their Quarters there having the more facete and nimble wits with the help & influ­ence [Page 55] of the Youth and Schollers there, not ripe enough nor versed in the Laws & policies of a State, may seem to exceed the Parliament and those whom the Parliament imployes in their expressions, but let the Books on either side be examined by the test of Reason and Prudence, the Reader will soon discern the difference and these foure remarkeable Messages instanced in may decide the contest, none other of all their conflicts of that kind being more opposite each to other, nor any of their Messages reciprocally sent more disdainfully re­jected on either side then these foure above-mentio­ned.

The Convocation house at Oxford urging a violation of that Statute 11 Hen. 7 before recited, and in page 31 of their Book (viz.) that [None that shall attend upon the King and do him true Service shall be attainted &c.] therefore requiring the people by vertue of that Sta­tute to assist the King contrary to the Negative Oath imposed by the Parliament in these words [That I will no [...] directly nor indirectly adhere unto or willingly assist the King in this Cause or Warre against the Parlia­ment nor any Forces raised without the consent of the two Houses of Parliament.] The words [assisting him] are made use of only without the termination or qualification how or on what termes; neither the People nor the Parliament (the Representative of the People) in Henry the seventh his time would have made or consented to a Law made noxious to themselves: If Henry the seventh had severall wayes oppressed his people and afterwards taken up arms to maintaine his oppression, the Parliament would que­stionles have forborn the enacting such a Law, the Title [Page 56] whereof especially relating to the doing the King true service; wherefore unlesse true and lawfull be contradi­ctory terms which no man will suppose, that Statute was not so fitly applyed in opposition to the Negative Oath, Neither doth the Objectour takeing out only the word assisting and confining it to such a contracted sense as may serve his turne, satisfie the impartiall Reader weighing and examining the tenour of the Statute and wherefore it was enjoyned.

But to the Reasons of the Presbyterians and their par­ties deserting their first judgment if so they have, it may be rather judged to be a fencing and tryall of wits in an argumentative way of discoursing only, then any setled revolting from their first opinion. They are well read in the good mans Character who will not be afraid for any evill tydings, his heart standeth fast and will not shrink untill &c. which suiteth well with the begin­ning of their Covenant, That they will sincerely really and constantly in their severall places &c. Sincerely and Really that is with all truth and faithfulnesse, Constantly which is without defection or falling off on triviall dis­sentings in judgment and opinion: The Arguments they have lately taken up against the residing part of the Parliament and the Army, the maintainer of their power, and next under God the preserver of our Peace, are none of the more eminent sort of the Presbyterian Parties nor like to theirs, rather from a more willfull and weaker sort. The House of Parliament being grown thin by their first dividing, is by the Presbyteri­ans deserting it become more thinne, the more weake it is through their defections the more need it hath of being supported by their returne. As for the Force [Page 57] which they and their sub-divided Party urge to be offered to them by the Army their Servants, an high af­front and breach of Parliament Privileges, both parties Presbyterian and Independent seeme to be forced alike though not in an equall degree of strength and number yet in a strict and closer tye of Policy and Prudence by and through an extream and inevitable necessity for the preservation of themselves and their fellow Subjects, neither they nor any of their party can devise or act a means how to s [...]ttle such a course as may prevent a to­tall confusion or the overthrow of those who have al­ready prevailed by the Sword, Nor to Still the common Enemy and Avenger; but if he being hard driven should by Treaty or other unsafe way of setling a peace have prevailed he had been left at liberty to do his pleasure: in Treaties or like wayes of Parleance what security could he have given or would he have kept commen­surate to the safety and welfare of many thousands engaged in this quarrell to the avoidance of those dan­gers and jealousies administred by him? The example of Henry the third of England is memorable for his complyance and giving way unto a Treaty, his sig­ning Articles to perform the Treaty, but when he had by that recovered his power againe kept none of them. But to the Presbyterians Arguments, and their paralleling the Kings offering a force to six members of the Houses of Parliament to the force offered unto the e [...]ected and repulsed Members by the Army: the King might by an usurped authority break in and do whatsoever he pleased, to grieve and vex whosoever should not submit to his will, to exercise a regall power above the [Page 58] Lawes from assuming unto himselfe by a strong selfe conceipt an unlimited Soveraignty & transcendency of Might in nothing to be resisted, to awe and force this present Parliament and all future Parliaments (in case he had any purpose to summon any more) to his beck as tis probable. Not long after, by the like menacing and imperious Act of Proclaming those Gentlemen See the Proclamation in the Kings name set forth 1642▪ accusing many Gen­tlemen serving as Knights and Burgesses for their seve­rall and respective Count [...]es to be Tray [...]ors and their Per­sons to be seized on as Re­bells. Traytors who either obeyed not or re­fused to conforme to his present will: There was no necessity but his sole will to force all those who complyed not with him to save and rescue his creatures from the hand of justice; and whether there be not now a stronger necessity then before the great and universall engagement of many good and deserving men, let all men judge. In that the Pres­byterians take it ill that their servants (so the Army stile themselves) should force their Masters, they are not simply and precisely servants immediate, many of them their equals as being Members of the same Parliament and Commanders and Officers in the Army, the private Souldiers commanded and led by them; or the Army relatively unto Them as Iurors in a tryall of Right at Westminster before a number of Iudges (for so the Parliament are although the re­semblance holds not adequately as to an Army and to a Iury) Let a Mayor part of the Iudges incline or direct which way they please yet an upright Iury will find according to the evidence in being: The evidence in this case is the certainty of knowing and recollecting things past, the foresight of things to come, which in­duceth [Page 59] them to bring in such verdict as may render all things iust and safe: for when it shall happen to be debated which ought to be prefered, The Privilege of Parliament or the safety of a Kingdom every one can judg which ought to sway the Ballance. Againe admit [...] Army to be their Servants (yet properly they are ser­vants unto those from whom they receive their pay, that is from the Kingdom and the Representative there­of, neither from the Presbyterian nor Independent party) In a mixt and joynt Government where more then one commandeth and a mutuall consent had be­twixt the Governours that the People to be comman­ded shall obey the discreeter party, they mutually con­sent that the people shall be directed by the wiser of the two; there it is left to the Election and discretion of the people which of them to pay obedience unto: It skills not in a governing and politick body (consi­sting of many Ruling and all consenting in the maine) which is the Major part or which is to be obeyed, un­lesse that Major part will do the work themselves with­out the help of those whom they do employ: that part rather it should seem most fit to be obeyed, which acts and endeavours (without respect had to the Majority) in the more prudent watchfull and safe way, so tis no disobedience or affront offered by their Army, where obedience may be dangerous to the obeyers, to the Parliament Party of what kind soever and Their adhe­rents. The Quarrell is not between a power of a mo­mentary and slight concernment on the one side, and a vanishing and light obedience on the other, but a long and throughly controverted contention between two [Page 60] Powers upon the issue whereof the safety and welfare of the two Kingdoms doth rest, and besides that, on which the Correspondencies Observations and Com­merce between Them and most Forreigners through­out the Christian World (looking on the passages of our Affairs and giving Judgment thereupon) depends. It may seem as the design is driven on a Contention tripartite, handsomely devised and with a great dex­terity of wit carried on by the common Enemy, in that some of the Kings Party prefer the Presbyterian before the Independent, some the Independent before the Presbyterian, See the [...] in Treatise 17. on Church-Government. ha [...]ing both yet they give good words unto and comply with the more discontented and weaker party untill by their cunning Artifice they overcome them also, so in this Leger de main and sleight of wit blow the coals of Dissention betwixt them both, those of the Presbyterian can look for no other then Polyphemus his courtesie to be of those last to be devou­red. The Presbyterian out of zeal for the maintenance of his Cause not foreseeing what danger might befall by his Dividing fondly conceives that either the War is ended, therefore he may now safely Divide from those with whom he heretofore hath joyned or that his Cause for the Covenant sake is so good that to maintaine his Tenent he sticks not at the endangering himself and his Friends, nor that the Enemy having his Friends and instruments up and down in all Corners of the Realm will and can keep those two partyes now in difference at that distance that they shall not be able to joyn their Forces again to conquer him: where it is not meant to involve all Presbyterians in the same Tenents [Page 61] or Intents, Counsells and Affections, for 'tis to be be­lieved there are a considerable party amongst them who rightly apprehend the true state of the Controversie between Us and the Scots, and cannot but foresee that a compliance with the Scots as matters now stand would prove pernicious to the English Nation as well to themselves as to the Independents so termed, for not­withstanding any pretended difference betweene them they cannot well avoid the danger of joyntly suffering if by their Dividing the publique and common safety be deserted.

Besides as to the major and minor part of Members sitting in the House or secluded, or voluntarily absen­ting themselves from the House, so that the greater number are absent as the Presbyterian reckoneth, he must take heed of that Objection least he open an old wound long since salved up (through Gods blessing on their successe) and that Objection be made use of against them all of both Houses, and against that Au­thority whereby they have at any time acted since the Contention first began betwixt the Kings Party's claim to their Parliament at Oxford, and the Parliament Par­ty's claim to theirs at Westminster; For if the Kings Party did rightly calculate their Numbers which were in both Houses of Lords and CommonsSee their Declaration Printed at Oxford, March 1643. towards the end of the Book. 258. either personally sitting or absent upon im­ployment for the King, that number excee­ded that of those sitting at Westminster, so that the Argument for the maior part of the number of Members Presbyterially affe­cted and that way Covenanted, against which (viz. the Covenant) the King friends have learnedly as yet un­answeredly [Page 62] In a Book styled [The presen [...] 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. argued is no safe or prudent Argument at this time to be used, (howe­ver the Covenant and the Reasons for kee­ping it are abetted and seconded in an e­laborately written Letter by the London. Ministers) least they helpe their first and common Enemy to rowse an Objection which hath a long time slept for the main­taining their Parliament at Oxford, For, by the way, had those Ministers employed their pains in answering that Book first, which indeed was worthy of and required an Answer to have clea­red the Question, their Letter might have been better credited and more universally received, which Book had it come sooner to the publique view and before the universall entring into the Covenant, many had been drawn for the reasons therein expressed from taking the Covenant.

The Ministers in that their Letter much insist on the Protestation taken May 1641. wherein the Protesting is for the maintenance of the Kings Honour, Person and Estate, yet the End (at which all matters of weight doe aime) is the Preservation of Religion, Lawes and Liber­ties. The maintenance of the Kings Honour, &c. is but a piece of the Protestation, the sum, full sense and scope thereof the Preservation of Religion and Lawes. The Principles which were first engaged upon and prote­sted for if rightly cast up but two in Chief, the secu­ring the Protestant Religion, the Primum quaerite, the preservation of the Laws and Peace, theSuprema Lex Salus Populi. chiefest Law the Peoples safety, the other Principles are subservient onely, and fall in by way of complication and de­pendency [Page 63] upon those two as the Means unto the End.

The well weighing the Protestation might have con­fined and setled the unresolved and doubtfull thoughts of man in what the End and Aime of the Protestation was, a Promise to fullfill as much as in us lies the Commandements of the first and second Table of the Law directing our duty towards God and Man, the se­verall parts in the Protestation tending in the sum to the maintenance of Gods Honour, the Kings, the Subiects Right and Liberty, no one part thereof if rightly applyed and understood crossing another, and therefore how comes it to passe, that the Protestation being one and the same, the course of mens affections should be thus divided into Factions and Part-takings, or that some should be of opinion, That [To maintaine the Kings Honour, Person and Estate, is to adhere unto him in this present Warre in what he shall command?] even because they doe not equally weigh each part of the Protestation (viz.) The defence of the Protestant Religi­on, the Power and Privileges of Parliament, the Subiects Right and Liberty, for by the Protester's observing all, the King is best observed and truliest, his Honour and Promises being engaged to maintaine the latter three, when as every one who took the Protestation did in his thoughts endeavour and intend according to his pow­er to make him a Soveraign Lord of a free and flou­rishing People, the Kings Protestations concurring with and tending to that end, so the Protestation taken all together is best observed and kept.

To the Protestation for the Defence of the Protestant Religion, every one who takes it is not immediately [Page 64] and specially bound by vertue of his Vow toSee the Exhortation to the taking the Covenant for Reformation and Defence of Religion, &c. ex­tirpate and remove all Papists or to offer vio­lence to their persons, that is above the Power and Liberty of every common Per­son, neither is wishing well alone and sit­ting still a sufficient discharge of the Prote­sters duty of vowing to endeavour: Endeavouring is a progressive motion and the Protesters neglecting and su­pine failing to endeavour can be no better reckoned of in these divided and subtile times then theLivy. Historian did of those Souldiers who dreamed of their enemies Votis & Seden [...]o debellari posse, or what theIsaiah. Prophet doth of the Aegyptians, that their strength was sit [...]ing still: A perfunctory and neutrall slackness in the Protester satisfies not the precept which God himself enjoynes, When thou vowest a vow unto the Lord, thou shalt not bee slack to pay it, and wherein many have not only de­serted this their vow but endeavoured against the same, others contemplatively onely and remisse as not endeavouring at all but with close and cautiou [...] Reservations keep off their Endeavourings thence be­come wiser in their owne eyes then their fellow Subjects, their abstruse and close demeanour being like Caius Cotta his (observed by theCice [...]o: Oratour,) who to carry on his Ambition and private Interests did outwardly comply with all sides, concealing and reserving the affections of his heart to his best ad­vantage: The passive and faint observing of the Vow and Protestation in some, the Acting contrary to it in others is a sinne which GOD is justly angry for, the neglect of which vow as wee may [Page 65] justly feare (to use the very words of the See the Exhortation of the Assembly of Divines to the taking the Covenant Printed Feb. 1643. Divines) open one Flood Gate the more to let in all these calamities upon the King­dom. Wherefore if he who hath taken this protestation and shall solemnly observe the same shall foresee or hath cause of suspition to be­lieve that the Protestant Religion is or was when he took the same in danger of declining, and that the Papist was thenSee the Lords and Commons Instructions for taking the Covenant. The unanimous judgment of most part of the Kingdome obser­ved by their severall Peti [...]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. connived at and coun­tenanced by higher powers (for the Que­stion is not about the certaine and actuall bringing in of Popery, but touching the pre­gancy of suspition) if the Protestor adhe­reth to that party which promiseth to de­fend the Protestant and opposeth that which countenanceth the Popish, his Protestation is then truliest kept, a promise or vow the more pursued the more fulfilled; in like manner to the other part of the same Pro­testation viz. The maintenance of the Kings honour, every one who takes the same is not thereby bound to comply assent unto and obey the King in whatsoever he may command whether unlawfull or unjust, or to think all his attempts and actions Iustifiable through­out; This were indeed in the highest degree and see­mingly to honour him but in a more serious and as truly a loyall way of his being honoured by his Sub­jects is when they or those who are put in Place and Auhority over them shall enquire into and provide a­gainst all things incident to his Dishonour, when they shall endeavour to suppresse all Astronts which may [Page 66] be offered to his Dignity: This though a more remote and lesse flattering, yet a more stableand certain dis­charge of duty in honoring him.

To the COVENANT, theSee the Ordinance of the Lords and Commons assem­bled in Parliament with In­structions for taking the Co­venant. Preamble prefixed thereto points at the sense thereof in these words.

VVHereas a Covenant for reformation and pre­servation of Religion, the maintenance and de­fence of Lawes and Liberties hath been thought a fit and excellent means to acquire the favour of Almighty God towards the three Kingdoms of England, Scotland and Ireland, and likewise to unite, and by uniting to streng­then and fortifie them against the common Enemy of the true reformed Religion peace and prosperity of these King­doms.

And in the Covenant it selfe wherein the Noblemen, Barons, Knights, Burgesses, Ministers of the Gospell and Commons of all sorts in the Kingdoms of England Scotland and Ireland do swear,

That they shall sincerely really and constantly through the grace of God endeavour in their severall Places and Callings the preservation of the Reformed Religi­on.

Secondly, That they shall in like manner without re­spect of persons endeavour the extirpation of Popery, Prelacy, &c.

Thirdly, That they shall with the same reality and con­stancy in their severall vocations endeavour with their Estates and Lives mutually to preserve the Rights and Privileges of the Parliament, and the Liberties of the Kingdoms, and to preserve and defend the Kings Maje­sties [Page 67] Person and Authority in the preservation and de­fence of the true Religion and Liberties of the King­domes.

Fourthly, That they shall with all faithfullnesse endea­vour the discovery of all such as have been or shal be Incen­diaries, Malignants, or Evill instruments by hindering the reformation of Religion, dividing the King from his People, or one of the Kingdoms from another, and them to bring to publick tryall.

Fifthly, That Iustice may be done upon the willfull op­posers of the firme Peace and Union betwixt the King­doms.

Sixthly, That they shall in this common Cause of Religi­on Liberty and Peace of the Kingdoms assist and defend all those that take the Covenant, and shall not suffer them­selves directly or indirectly by whatsoever combination per­swasion or terrour to be divided or with-drawn from this Union or Conjunction.

The Objection which some men make that the late Engagement doth crosse the Covenant at least one Ar­ticle thereof [of defending the Kings Person and Au­thority] It seems not so if we go further to what his Per­son and Authority is to be defended, and observe the whole Article, the current of the Covenant being for the pre­servation of Religion, the Liberties the Peace and Uni­on betwixt the three Kingdoms against Papists Prelates Disturbers and Opposers of such Peace Mr. Alex­ander Hen­derson in his reply to the Kings first Pa­per. In divers cases it canot be denyed but the obligation of an Oath or Covenant doth cease, As when we swear Homage and Fealty to our Lord and Superiour, who afterward ceaseth to be our Lord and Superiour, then the formal [Page 68] cause of the Oath is taken away, and therefore the Ob­ligation, Sublato relato tollitur Correlatum. Admit that the three Kingdoms had been in imminent danger of In­vasion from a Forrein Enemy and the Subjects should for the defence thereof enter into a Solemn League in these words, Whereas a League and Covenant for strengthning the three Kingdomes is thought a safe and necessary means conducing thereunto, That they will resist prevent, and bring to publique Tryall all wilfull Opposers of the safety of the said Kingdomes, with sowe other subordinate clauses and branches in the Covenant as namely, That they will maintain the Chief Governour of them in his just Power &c. let it be the King himself or some other supreme Power equal to the King, although the King were to be valued as King David's People did value him at the price of ten thousand of themselves, yet if there be a greater price at stake and the chief Gover­nour be false to his Trust in Government, that there­by the safety of many hundred thousands be in jeapor­dy, that his design be probably such as to make his way through the shedding the bloud of many thousands for compassing it, and rather than fail, engage the Kingdoms each against the other to the destruction of all three; It cannot be thought a breach of the Covenant in the Co­venanters to remove the Governour, when as the more principall matters to be secured are in danger to be de­stroyed: The Resemblance may be fitted in a case of a narrower orbe: if souldiers in a Town of Garrison for the better security of the Town shall enter into a League and Covenant to preserve the Magazine there­of, to keep witho [...]t making away or suffering to be made away the Arms and Ammunition belonging [Page 69] to the Garrison, to defend the Governour thereof; if notwithstanding this their Oath and League, they shall suspect Revolting in the Governour, a Failer of his Trust whereby to turne the Arms and Ammu­nition against the Garrison and the Inhabitants to the detriment and destruction of the Town, so that upon good causes of suspition of their Governours breach of Trust they remove the Magazine and Arms, they withstand and resist the Governour, it is no violation of their Oath, for what they swore was in order and relation to the most considerable part of what they were to maintain, viz. The defence of the Town and Gar­rison, without staying untill they had too late made a perfect and full discovery of the Governours Revolt and Falshood; If the King hath given cause of suspi­tion of maintainingSee the Es­sex Petition before cited. Popery, Prelacy, or of distur­bing the Peace of any of these his Kingdomes, it is no breach of the whole Covenant to provide against the endangering of what they have Covenanted more principally to secure: The Question is not of the King his enjoyning, his immediate and actuall bring­ing in of Popery (for then his own Protestant Party would have failed him in the maintenance of his Cause and Quarrell) nor of his upholding and adhering unto Prelacy, which theSee their Commissioners judgement and intentions concerning. Episcopacy, De­claring Prelacy to be the cause of all our broil [...]. In their Pa­pers dated 24 Feb. 1640. Scots have so much withstood and laboured to extirpate, but if he had not by his Power, Favour, or other personall relation working strongly on his affections given Cause of just suspition of maintaining the one (viz.) Popery, of his taking part and favouring the other, Prelacy, if he [Page 70] had shewne any dislike he had of Prelacy, any con­discending or propension to the abolishing it, ac­cording to theSee the [...] in severall Treatises (viz. (Upon the Listing & Raising Armie [...] against the King, Up­on the Covenant and else­where. Covenant (which he hath beene often implored to take) inhibiting it, If he had not had a great influence on the Archbishops and Bishops (and if the Author of that Book be to be credited) they Protection and Incourage­ment from him, One of them avowing these Contentions and the Warre to be Bellum E­piscopale as hath been given out That the Warre was intended and waged against Bishops, and the Hie­rarchicall Government) and had they not had tuition & support from his exercising a more powerfull Autho­rity then their ordinary and meaner friends could have supplyed them with, there had not so much bloud been spilt in this Quarrell: So the substance and drift of the Covenant, one part of the Article being [to defend the Kings Person and Authority] is not cros­sed by taking the Engagement of late enjoyned, if duely weighed.

Admit that the Letter of the Preamble to the Cove­nant did in the Covenant [...]rs sense comprehend the Kings Heirs and Successors, yet still the maine and prin­cipall parts of the Covenant are to be observed in or­der to the preservation of the Protestant Religion, the Sub­jects Liberty, the Peace Union and Safety of the three King­doms; So that if his Heirs and Successors shall be disco­vered and known to tread in their Predecessour's steps, he having given cause of suspition of his endeavou­ring to overthrow them all, the Covenanters could not both maintain the Honour of his Heirs and Successours, [Page 71] and yet in the common Cause of Religion, Liberty, and Peace of the Kingdoms withstand as theySee the 6. Article of the Covenant. protested they would, all opposition to bee made against the same, and what they could not of themselves suppresse they would doe their best to prevent and remove.

The Scots our Covenant-Brethren cannot but confess that the words [Preventing and Opposing] in the Cove­nanter wi [...]h his large expression of bending his whole force and power carry an universall and greater latitude then to take away the present power of the Fathers Person, or that the Covenant should continue only for his life time, seven years, and the term of life being by common repute in men's commerce equivalent each with other: the Covenant (neere half so many years in framing) no doubt was made and entred into to remain for longer then for so soon an expiring term as a mans life, to provide against his future and successive power, To take the paines of removing Danger out of the Fathers reach, and leave it in the Sonne or any of his Successours being of the Fathers temper and laying His Cause to heart could not be thought a Task worthy of so solemn a LEAGUE and COVENANT, or the Industry which both Kingdomes have taken to settle their Peace and Li­berties.

As to that part of the Covenant [that they had then no intention to diminish the Kings just power and great­nesse] they might intend no lesse untill they saw they could not overcome him by humble applications and dutifull addresses, by their Reasons, Declarations, and Messages, setting forth the wrongs and injustices acted by his Ministers of Iustice, the mischiefs and dangers [Page 72] whereunto his Kingdomes were exposed unlesse he returned and hearkned to their Councels and joyne in redresse of such Grievances; yet notwithstanding those faithful & hum­ble expressions, that they could not discerne any con­ [...]iscending to such Pe [...]tions, any acknowledgment of his former errours, any placable or propitious heart towards his Parliament and People, any purpose in him to signe those Propositions as the only and neces­sary means for setling a safe peace long since tendred to him joyntly and unanimously by the Parliament then sitting, whether Presbyterians or Independents as they are called, yet not concluding or provi­ding what was to be done in cased he did refuse; but instead of sorrowing for what he had done his refusing to signe those Propositions and contrary to theSee 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. Articles of the large Treaty agreed upon, gracing and prefer­ring to his nearest secrecy and trust a person proclamed guilty of High Tre [...]son, charging still and banding against the Parl. one of the Supremest and Greatest Councells for weight and number in all Europe, Retorting on them, and highly and with a scornfull vanity demanding in lieu of the Propositions sent to him counter-Propositions of his Parties devising to be sent to them, contending to lay the deluge of blood spilt in this Warre at Their doors and theirs alone, ever seeking by a covert and restlesse ill-will one way a­gainst theSee the [...] Treatise 4 and elsewhere in that Book, his parties con­stant [...] towards the Ci­ty of London and upon all occasions of his part [...]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. Place receiving them, by tra­ducing and rendring it (one of the most fa­mous Cities of Christendome) guilty of [Page 73] High Treason, and thirsting to make the Citizens wealth their Enemies prey, another way by contending a­gainst the Parliament it self and Their See their Declaration Printed at Oxford 1643 pag. 14 15. against the suggested irregular and undue proc [...]e­dings of the Common-Councell the Represen [...]ative of the whole City. Friends assisting Them, to under­mine Their power, they thought the Covenant not like an Alma­nack out of date as theSee in the Letter of the Mini­sters their notice taking of the Parlia­ment and Armies conceipt had of the Covenant, page 8. Ministers within the Province of London doe smilingly object, rather like an Obli­gation where the Obligor is left re­medilesse through the Obligee his fury and oppression, disabling him from performing his Conditions; See his Parties opinion of the Covenant and the taking of it in the [...] 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 no [...], 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 Paci [...]i [...]a [...]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 B [...]ok called the History of the Kings affairs in Scotland before cited, pag. 6. one part of the Co­venant then being, that they had no thought or intention to diminish the Kings just power and greatnesse, ano­ther part (when they presse the Co­venant-taking, the maintenance of the Peace and Union betweene the three Kingdoms) they would bring to Justice all without respect of Persons who did or should wilfully oppose the same or hin­der such Peace or Union, so that if the King did by himself, by his friends and followers by his example aw­ing other men from taking the Covenant or did by any Power or Commission whether to defend him­self or offend his Opposites act or a­bett whereby the Peace became di­sturbed one Kingdome engaged a­gainst nother, the Parl. could not ac­cording [Page 74] to their Covenant preserve his Power and Greatnesse, and punish such without respect of Per­sons as did willfully oppose the Peace and Union (as is before observed) comprehending within that Uni­versality of [without respect of Persons] him and all who did adhere unto or take part with him, so that the Cove­nant the parts whereof seem to be hetreogeneous and inconsistent within themselves, and therefore not per­fectly and exactly to be kept is either newly to be mol­ded, or which is more probable if he had had power to carry on his purpose, the War to continue between the Covenan [...]ers and the Non-Covenanters, many thousands of men neither having nor through the Kings example willing to take the same.

By the observing the passages and times when the Co­venant was made and tendered, what since hath hap­pened, impartiall men will judge that there was no fraud or failing of syncerity in the Parliaments propo­sall of the Covenant before, nor any backsliding or le­vity since in preferring the main end (which was and still is the publique safety) before any of the clauses supposed and set down as conducible to the Covenant. The great Quarrell of prophane and ignorant persons against the uniforme current of the Holy Scripture, of an higher concernment then an humane Covenant, is acutely taken up by a learnedPa [...]au [...]. Writer, Distingue tempora & reconciliantur Scripturae, in answer unto those who cavill against the Scriptures as if the Texts thereof were dissonant and repugnant each to other, as if Gods word (most certain and infallible in it self) were contradictory to it selfe: distinguish between the time of the Covenant taking four or five years before [Page 75] the time of bringing the King to Tryal, observe the limitation in the particle of the Covenant [That they had then no intention to diminish the Kings Just Power] in opposition to unlawfull and Arbitrary, and you will find that the Covenant could not be so well and safely taken or that it is not so heinously broken as some of the Co­venanters give out.

But to the Objections against the Army and the pow­ [...]s establishing it, That in adhering to them is to trust to an Arm of Flesh, so all sublunary and Earthly Powers are but Arms of Flesh, and it doth not therefore follow that those that do set forth the Army do put their con­fidence in Them further then God is pleased to give a blessing to their endeavourings. Secondly, That In­dependency admits of all Irreligion, Heresies, &c. The Proposition is not well proved, in that some particular Souldiers others well-wishing to the Army do de­vise and publish strange and unsound Tenents and Opinions, which is not to be imputed to the governing part of the Army, to the Court or Councel of Parlia­ment, neither is a present [...]ure forthwith to be applied in all parts and places where they are vented; The Army and their party have enough to doe to prevent and pro­vide against the Power and Policy of their Enemies without an overhasty endeavouring to suppresse the Schismes and Errours of every one of their Adhere [...]ts.

The Complaint against Heresie and Schismes abounding is just, seasonable, and most sit that the He­refies should be suppressed both to settle the Discipline and Government of a Reformed Church as to remove and take away all occasion of scandall and quarrellings [Page 76] between us and other Nations, but how and when? Every thing to be done in its order and appointed time; The complaint was long since made, and it was foretold of old, That Heresies must be, the Apostle gives the rea­son, That the sound and approved Truth may be known and differenced from fond and received Heresie, the ground and seminary of broaching them may be (be­sides the common and inbred corruption of Pride and Falshood which mankind is prone unto) that so many sorts of men in many places doe despise and speak a­gainst the Scriptures although they be the infallible rule of our Christian Faith.

In disordered and licentious times caused through the distractions of a civill Warre, it may fall out as a St. Ierome. Father of the Church complained it did in his, of Scripture Teachers, of expounders of the Misteries in Divinity cited by a learned Divine upon the words of the Apostle charging the unlearned and unstable for wresting the Scriptures to their own destruction; ‘whose presumption (the Divine tells us) is enough to pro­duce any Schisme or Heresie, Sola saith he Scriptura­rum ars est quam sibi omnes passim vendicant, hanc gar­rula Anus hanc [...]elirus Senex hanc Sophista verbosus (he might have filled up the measure of his complaint by discovering many other sorts of unlearned people intruding into the holy mistery of Divinity) hanc uni­versi presumunt lacerant docent antequam discunt; every one presuming upon his parts and gifts to be a teacher and interpreter of Scripture whereas Practiti­oners in other arts can keep themselves within the the bounds of their own profession; the times are now for Reforming and the Parliament is sedulous therein [Page 77] wherefore there must be persons to Informe and in­struct qualified with Knowledge for that Office: The Divine gives the reason why the unlearned are so bold, namely the want of abilities to discerne the strength of the Objections which may be made against them: By the unlearned is not meant he who hath not read a multitude of Au [...]hors but he who taking upon him to divide the word of God is raw and unex­perienced, or if he hath experience wants judgment, to make use of it; the anguish that these rash presu­mers bring unto the discreeter sort of Brethren cannot but be great when being convinced of their unsound O [...]inions for the maintaining that which with much boldnesse and open falshoods they have averred they pretend the Authority of the Word, and whatsoever conceipt is begotten in their heads, the Spirit of God to be presently the Author of it, when as learned and judicious men, in whom the Lord hath put wisdome and understanding to know how to worke all man­ner of worke for the service of the Sanctuary like Bezaleel and Aholiab refuse much of the stuffe which is offered them. Scripture is given to all to learne, to teach to interpret only to a few: It is the voice of God confessed by all that the sense is Scripture not the words, it cannot be therefore avoyded but that he that wilfully strives to fasten some sense of his owne other then the nature of the place will beare must needs take upon him the person of God himselfe, and to be an indicter of Scripture: No Scripture is of pri­vate interpretation, There can be but two certaine and infallible Interpreters of it, either it selfe or the holy Ghost the Author of it, it selfe doth then expound it’

encouragement to the Study and Increase thereof by their favour and respect shewn unto the Universities and Colledges where it is most properly to be acquired and had, for which they were instituted at first and are renowned equally to the best Seminaries of Lear­ning throughout all EUROPE, the Parliament ha­ving for theSee their Acts and Or­dinances for raising Contri­bution-money towards the Warrs throughout all Coun­ties exempting the Universities and other Colledges from such Payments. most part exempted them from any Charge or Tax for raising mony towards this War, by giving way unto and placing painful and sober Governours in the severall Societies of the Universities to reduce them to their former temper of acquiring Learning and good Manners, that what the fury and fiercenesse of the War was likely to demolish and destroy, is yet recoverable by the care and industry of their Governours, that whereas there is a Disproportion and Antipathy between Science (a soft, milde and tender habit) and a War (a privative and destroying judgement) there is yet by Gods bles­sing left a possibility and meanes of a regresse from a Warre (and Garrison of Souldiers inOxford. one of them) to an acquisition of Sciences and Learning: Neither doth the Parliament for ought we see neglect or dis­esteem the Universities or other Seminaries of Lear­ning, or take away the Endowments of Colledge [...] (as their Enemies give out) in that some of the most lear­ned of the Schollers there are dispossessed of part of their Estates for their disaffection, or because that able men of the Universities and elsewhere are sequestred for a time by reason of their constant prejudice and ill will against the Parliament and their Proceedings, the Parliament knowing such to be Interested and not [Page 81] long since seasoned by the Enemy, (Garrisoning in one of the Vniversities) and devising yet to contrive their overthrow to let in the King's Power againe: They could not be ignorant of the discontent and envy borne towards Them by divers of the more ripe and learned of the Clergy to see the Church Prefer­ments and Dignities which they aimed at to be taken away, how apt withall to engage the younger sort of Schollers in this their Cause by seasoning them with the same leaven of Discontent, without consi­d [...]ring that what was bestowed and instituted at first by PiousSee the like observed in the Consecration of the Bish­ops of England, written by Mr. Mason sometimes Fellow of Merton Colledge in Oxford in his Ep [...]stle to the Archbi­shop of Canterbury. Founders for the encourage­ment of Learning, study and good uses many of them did betray to Luxury and Ease, which the Parliament not knowing how otherwise to correct or moderate, and fore­seeing such Corruption to be so incorpo­rate into their Prelaticall and Ca [...]he­drall Calling that amidst these oppositions and distra­ctions threatning the ruine of Three Kingdomes occa­sioned chiefly by reason of a corrupt and Prelaticall Clergy (as theSee their Remonstrances since the begin­ning of this War. Estates of 2 of the said Kingdoms have observed) They knew no other remedy to be applyed then to alienate those Endowments, to dispose of them to other uses.

The work of Reformation being in hand, and Prea­ching the Gospell the instrumentall means thereof, no man will judge such an emulation or ill-will to be in a prudent Laity intending to Reform towards a lear­ned Clergy the means of Reforming, that the one should discountenance or bring down the other, the Clergy such as the Apostle would have them be, Blamelesse, [...] [Page 84] haveSee their Remonstrance before cited. Remonstrated and Protested for the contrary. Rather the Kings Party with the Presbyterians, most ad­hering unto him now, seem to give way to many practi­ses tending to Irreligion, although not directly and im­mediately unless by those of the Popish Faction, yet remotely and consequently whilst they so earnestly contend against the opposite Party called Independents that they would rather submit unto a Turk or Jew then to be mastered by that Party; for the Presbyterians weakning them and themselves also by striving each with other, help the Enemy into a Power to subvert that which some of the Kings Party have heretofore aimed at, and hath been the first object of this Quar­rell, Religion.

The Emulation and Discontent of which Parties (the Kings and those of Presbyterian) grows out of a fear to be overcome, (Adversaries convinced are prone to Revenge and Envy) and that appears from the judge­ment and censure the Kings Party have passed against the Parliaments, in the punishment had the Kings pre­vailed they would have condemned them to, for of the moderate sort of the Parliament and their Friends they hold them unskillfull, See the De­claration of the Lords & Com­mons assem­bled at Oxford &c. printed there 1643. p. 24. 26. 27. vulgar spirited, weak and se­duced men for siding with the People (as they term) it and their Multitudes, the more eminent & active sort Trai­tors, Periured All, yea the Neutralls too for not offe­ring to defend the King according to the Oath of Al­legiance, the Parliament Party having a more mode­rate and milde judgment of the King's, knowing many of them restlesse and implacable as yet, judging others mistaken onely, misapprehending the Cause in hand or to have been led away through ambition & aspiring [Page 85] thoughts to adhere unto the King, whereupon they have accordingly passed by the Errors and Trans­gressions of the Kings by an easy mulcting them giving way unto their enjoying their Estates and Fortunes, so that if the judgment at the first had been no worse, no more rashly and erroneously passed against the one then it was against the other Party, the War had soon been ended and a Peace restored.

By the Kings Parties large exten [...]ion of which Oath in not offering to defend the King they may bring many within the compasse of Perjury, the King holding himselfe bound to maintaine the Lawes by his Su­preme power to t [...]ke vengeance on evill doers (without which he may think he bears the Sword in [...]) as the Subjects are to their Allegiance, the obligation is re­ciprocall as the two Houses of Parliament when al­lowed to be and styled by the King himselfe a Parlia­ment, with an unanimous consent observed in their Message sent unto him else-where recited in this dis­course; if the King may dispence with his Oath from which the Author of theIn the Trea [...]ise con­cerning the Kings retire­ment from Westminster [...] presumes to discharge him, as that the Author is so far from thin­king the Maiesty of the Crown of England to be bound by any Coronation Oath in a blind and brutish formality, and that the King reckons himselfe accomptable to none but God, which the Parliament objecteth as a maxime and ground for any Tyranny, the enacting Lawes are of no value as to the King, and then the Question is how far swearing Allegiance is to the Subject (as the Oath was therefore and then imposed) which is next to be discussed.

To the Oathes of Supremacy and Allegiance obje| [...] [Page 88] Books seditiously printed and privately dispersed a­broad to discountenance and depresse the Parliaments cause to extoll and magnifie their own, obtruding their writings on such Authors as they please (all to affect the Reader) sometimes on the adverse part to ren­der them the more d [...]spicable and ridiculous, sometimes on their own Friends to make them the more applauded and famous for their Actions or suffe­rings, as by that one more remarkeably for the King in his name it may appeare, of which it may be said as it was of Sampson that it did his Enemies more hurt upon and by the occasion of his death then he could doe when he was alive; namely and to instance in one of his parties acts amongst the rest their publishing the Posthume Book called [...] by some men reputed to be his, though unlikely since by the Parliaments Declarations and Proofes convicting him of seve­rall crimes it is made appeare unto those who shall im­partially read and judge the transactions mutually pas­sed betwixt him and his accusers, either that the Book and those applauded Tracts and Meditations in it are none of his, or that his party by setting forth that Book in his name, would have him act the part of an exquisite hypocrite in representing such devotions as most of all should consist and be wholly taken up in a serious and reall sincerity so that the Tytle of that Book might be both literally and morally as to the King him­selfe or to him who personates such conceptions in his name, be entituled the Image and Pourtraiture of a Counterfeit rather than the Pourtraiture of a King, the falshood and imposture resting on them alone who thus dresse and sets him forth.

[Page 89] Whosoever shall read the Parliaments often De­clarations and Charges against the King set forth since the beginning of this War, not denyed or answered by any of his Party, saving in a recriminatory and scoffing way calling the Parliament and their Ache­rents Rebells; or who shall read theWritten by Mr. Tho. May, 1647. begin­ning at pag. 6. unto pag. 46. History of the Parliament of England, summarily reciting what the Lords and Commons have accused the King of, his countenancing and giving way to the Rebellion in IRE­LAND, setting downe at large the strong presumpti­ons against him for his countenancing it (although e­loquently excused, and in a fine and pious Language denyed by the Author of the [...]) his averse­ness from calling Parliaments, cannot but acknowledg that Book,See the [...] Treatise 1. on the Kings cal­ling the Parli­ament. whatsoever the fair and plausible flouri­shes in it do pretend of the Kings inclining to and de­siring Parliaments to be falsly and injuriously charged on him, few or none so indulgent to his Cause as to beleeve the whole Booke both for matter and forme to be of his owne penning, however they may thinke some part of it to be his; Falsly, because they cannot but know howMr. May his History. unwillingly and seldome he called any, howMr. Hollis his Speech. oft he did dissolve or attempt to dissolve them when they were called, notwithstanding the great Necessity of that Court for the propagation and maintenance of Justice that it drew on aSee the 36 Statute of Edw. [...]. Law yet in force to call a Parliament every year, in that through the discontinuance of them, through the often dissol­ving them in the time of his Reigne, and his Declara­tions published against some of the Members of either House, the Historian reports The deiected People were forced to read with Patience and to allow against their own [Page 90] Reason: Whence the Reader may observe an Answer to an Objection which the Kings Party makesSee the [...] Treatise to up­on their sei­zing the Kings Magazines Forts Navy and Militia. That the Parliaments party did begin the Preparations for a War before the Kings. The People 'tis true were discon­tented and greived at the Exactions and Oppressions practised in the time of his Reign, they held themselves destitute of any means of redresse, and therefore might harbour Heart burnings, and thoughts of Rising but could not devise or thinke of any course towards the Preparations for a War, the Power of the County be­ing in every Sheriff of the severall Shires, and Lords Lieutenants and their Deputies, many other subor [...]inate Officers of the Kings upon the first Summons given from him to them in a readinesse to suppresse and check the People in case they should but move or stir up Commotions to the likenesse of a War; neither could they build upon the strength of any Power to levy War on their behalf, a Parliaments strength they sadly and long since observed was of too frail and un­certain a fabrick for them to trust unto, as being awed and dissolved at pleasure, so that if they had no thoughts of levying a War wanting the opportunities & means of Prevailing if they had entertained such thoughts, the first offering of Hostile attempts and acts will lye upon the Kings Parties accompt; his aversenesse to call Par­liaments, his awing and dissolving them when called, often and long before any preparations could be thought of for a War may satisfie the Objection: when as (to adde to the probability of some of his parties ho­stile and warlike preparations) it hath been observed that some of his Friends knowing themselves obnoxi­ous and questionable for their Tenents & Demeanours [Page 91] when time should serve, have long since before this Parliament was called, fortified and furnished their Houses in divers parts of the Klngdome with Armes and Ammuni [...]ion, no other notice taken til of late then of adorning them for strength and splendour, which with some small addition became strong Garrisons for him; the Parliaments Friends had none or not so many Holds so soon or suddenly to be fortified for their defe [...]ce: The most wise and happy ofHen. the 7. Kings could tell us by his own practiced Policy That it is not the first Blow that makes the War Invasive (for that no wise Power would stay for) nor the Voting a War to be Defensive, as theIn their Apology Prin­ted soon after the [...]ngl [...]sh Army went toward Scot­land. Scots have theirs which makes it so, but the first Provocation or at least the first Preparations towards a War.

Injuriously charged on the King in that the Author and Reader also if a friend to Him and would have the Book reputed his, doe unawares and as it were against their Will wound his honour, and render the manner of his death the more unchristian then otherwise it might be judged, when whilst the life is mortall, they make the Vices of Dissembling and Uncharitablenesse to be surviving and immortall mo [...]ions: The reporting it to be the Kings seems besides to blemish the credit of those penitentiall expressions therein, derogating from the serious retired and solid Parts wherewith he was endowed, then doubtless free from the affectated words whereof the Book is full in defence of the manisold actions of his incident to this War, many of them too weakly excused to be his although in an handsome way of writing (to possesse the belief of men) obtru­ded on him by indeed the Author of the Booke, [...] [Page 94] of Divine and wholsome Councell left in his name to his Sonne might gaine a beliefe of what was vehe­mently suspected to the contrary [That the Fathers heart was seasoned with the like Principles according to the Councell given unto the Sonne;] and as to the time of that Councell given, there are none but have observed that the fears of the growth of Superstitious Tyranny in the peacefull times wereTantum res [...] c [...]m qu [...] sa­tell [...]ith, [...] Pon­tific is [...]. Iewel in Apo­log. Eccles. An­glican. only and a long time more then those of the growth of Anarchy easy to be let in amongst other disturbances and di­stractions through the licentiousnesse and confusedness of a civill Warre, and wherefore is that Councell gi­ven? as if the Parliament did intend or had brought in Anarchy or devised to root out all Government; No calumny whereby to render them and their pro­ceedings odious and detestable, is of extent enough to serve and satiate their Enemies appetite: The Parlia­ment in their prudence and experience might discerne a reason for the changing the Monarchical into some o­ther form of as much conducement to the maintenance of Peace and Justice: ButThe spee­dy and effectu-suppressing Errors and Schisms is charged on him. what that Religion is which the Author enjoynes the Prince unto whether opposite to Popery or Schisme (this like weeds in Corn choaking and hindring its growth, that like Mildews blasting and destroying it) he defining not makes it seem do [...]btfull to the Reader, for presently after he would have the Prince his Iudgment and reason to seale to that Sacred Bond which education hath written in him; let a computation be had of his young years how in his in­fancy uncapable of discerning the differences of Religi­on before this Warre began, where and with whom he hath lived these eight or nine years since it began, all [Page 95] men will not believe that to be the Reformed Prote­stant Religion which is there enjoyned him (take it in its purity or as the corruption of times hath fashioned it) the Prince is vehemently suspected to goe in a con­trary Diameter to either as to those Instructions given him by the Author, by what is reported of his having favoured and entertained at his Court the greatest and most known Papists, Forraigners of all parts, setting a­side his Protestant and Native English: And howbeit he seems now for a tyme to comply with the Prote­stants and other of the Scotish Nation and they reci­procally with him, his constant and certaine ayde is yet kept up, his interest maintained by the Kings Ca­tholick Subjects in Ireland, as they terme themselves in favour to the Prince, so that what at the beginning of these Warres was acutely urged as a witty and plausible fallacy of the Papists taking up Arms for the Protestant Cause is at this day marveled at, the name changed, only as that the Papists in Ireland take Armes to defend a Protestant Prince in Scotland: All which considered the Prince cannot be thought to take those instructions to be truely and genuinely the Kings or little observes them as the Kings.

That which should have beene expunged out of the Booke to make it the more admired his is that one passage (strange amongst the rest) about the Authors challenging the Parliament for discovering the Letters taken at Naseby Fight even now mentioned, unlesse it were ill taken by the Author in the Kings be­halfe that the naming his friends assembled at Oxford in the nature of a Parliament [his Mungrell Parlia­ment] as himselfe stiled it, should be disclosed toge­ther [...] [Page 98] and Liberties of a Free-born people or presumptu­ously shall take part with the subverters of the same, although in a small degree of Oppression and E [...]action (the Lawes having their Metes and Limits to bound out unto every man his owne) are in the Judgement of a LearnedK. Iames his Speech be­fore-mentio­ned. Prince no better than Pests, Vipers and Traytors to a Kingdome, whence it might be mervailed at, but that the Parliament hath with Clemency passed by the Transgressions of their mistaken Country-men and fellow Subjects without any heavier censure then Fining them, that the violating the ancient Law of Magna Charta so industriously and religiously preser­ved by their Ancestors, and above thirty severall times confirmed in Parliament (to use the very words of the Lords and Commons assembled at Oxford in theirSee the Oxford Decla­ration pag. 19. Declaration printed there) should be objected against the Parliament sitting at Westminster, to be a bold & avowed transgression of the Laws and Liberties of the People, as if the parties of those Lords and Commons were alto­gether free from the like transgressions; so they may in like manner object a violating the late Kings Grant to the Petition of Right, when they and their party are (setting aside the justice of the [...]ause on either side) as culpable as the Parliaments party are. The pillaging the Earl of Stamfor [...]'s house in Leicestershire by the Kings Party commanding there an undoubted and notorious Felony by the Letter of the Law, all his Souldiers guilty of the same: The storming by day and night the breaking into the Marquesse of Winche­ster his house in Hantshire by the Parliaments Party the highest degree of Burglary: many the like Ho­stile Acts may be instanced in on either side, but how? [Page 99] in the heat of War in the pursuit of Conquest, each party striving who should overcome and destroy their Enemy.

One other passage in the [...] as unjustly and improbably delivered is considerable (viz.) the plausible reasonsIn the trea­tise concerning the Kings go­ing to the House of Commons to surprise the five Members. given of the Kings going to the House of Commons with so many armed Gentlemen, which as the Author sayes was no unwonted thing for the Ma­iesty of a King to be so attended especially in discontented times. The times were not then so discontented as that unheard of and horrid act might have made them at that time, had but the hand of one desperate Caitiffe given fire to his Pistols ready cockt, the House of Commons being neer full and equall in number to the Forces pre­pared against them, no man knows how disastrous and fatall the Event had been: Neither could the King justly fear to be assaulted by any in the House as the Author intimates, None in the House within being armed answerable to the Kings Guard without: The Author thinks he hath handsomely palliated that At­tempt under colour of the Kings standing in need of a Guard, rendring those His Attendants there short of his ordinary Guard, but whether he meant short in number or in a daring and forcible array he declares not. Ma­ny other Passages as improbable as these are the Dis­courses of the Booke too tedious to recite, the exa­mining and search whereof is besides this purpose: It seems to have little of the King, it hath elegancy of wit enough and affectation of expressions to be applau­ded inconsistent with a sound and Christian wisdome whereunto his present condition was to be fitted, and Charity enjoyns not to think it his, when full of so ma- [...] [Page 102] every three years presumes an expiration of that Par­liament which enacted it, and the King binding him­selfe not to dissolve this without their own consent implies a consummation of such matters and Acts as were to be handled and dispatched within the time be­fore the Trienniall was to commence (which could not well be done by reason of the Oppositions and Affronts offered to blast their meetings and re­tard their Councells) otherwise a Trienniall Parlia­ment would have began before the present Parliament should end: Besides every future Parliament could not but expect an over-awing Power to shake and dis­solve it at pleasure, wherefore the care and taske of this could be no lesse then to make sure and valid Their power and station, which if it be or had been borne downe what security could be had in the power and sta­bility of Trienniall or future Parliaments.

The Kings forbidding Papists to fight in his Quarrell, is in that his answer to the Lords and Commons well expressed, and might give seeming satisfaction to the Protestant Party had it been as well observed, for if that be true which is credibly reported, of the soule and unheard of misdemeanour to the affront and scorne of the Protestant Religion committed by his party (part of the Northerne forces and styling them­selves the Queens Army) at the storming aMarlbo­roug [...] ▪ Decemb. 1642. Gar­rison Towne in Wiltshire, with many other Acts of his and his party in countenancing Papists charged on him by his people, was no good evidence of his inclinati­ons to the Protestant: And how by his Catholique Subjects, as they are ambitious to style themselves in Ireland, and desirous they may be so Recorded, and by the Queens party and Army here, shall his disavowing [Page 103] Papists be made good? her Opinions and Demeanour destructive to Protestantis [...]e, together with the ayd of an obnoxious and discontented party here at home to affront the Parliament and their proceedings in fa­vour to the King when tyme should serve, being no good Arguments to prove his constancy or sincerity really to performe what he promised and professed: the Scots having a previous sense gave the English no­tice hereof to intreat them to be wary &c. least if they were not carefull and couragious they might be over reached as in the beginning of this discourse is set forth at large, which the Parliament revolving and from their owne Observation and Experience tender also of the great Trust which the people had reposed in Them, were not willing to put it to the hazzard whether the King would make good his promises, which if he did not, the sad return which They must have made to the People of their Trust had been They could not have thought it would have so fallen out: personall promises and tenders of grace are not compensatory nor an adequate discharge from reall injuries: Which promises when againe ob­jected, the season of offering them may be retorted as an answer to the Objection as when they were promi­sed (viz.) when he saw his Prerogative Acts scanned and enquired into swelling above the bounds of Law and Justice, when divers of his friends and favou­rites questioned and even convicted of high and Capi­tall enormities, and that he could not otherwise rescue them from the hands of Justice then by engratiating himselfe with the people by telling them of such Lawes made for their ease and benefit untill he had gained [...] [Page 106] then their fellow Subjects did or could have discovered any darke or secret contrivances of such intendment or conspiracy against his person deeming all others of a narrow capacity ignorant and dull spirited, they were too blame to conceale the plot, the manner and means of effecting it; they had opportunity encouragement & li­berty enough, when his Party were with him at Oxford, and then and there accused the Parliament sitting at Westminster of many Treasonable designs, when (the quality of the persons accusing being considered the heinousnesse of the crimes wherewith the accused were charged) the accusers would leave no means unat­tempted to enhance their power, to make good their accusation for the Iustice sake of their owne procee­dings: which heavy charges devised by them could not be the Iudgment of them all, to censure those of Westminster Trayteurs &c. It was most likely to be the pride of some few thirsting to overcome, and taking upon them to be dictatours of Law and Treason, who tis probable forced and drew on the rest (present then and unawares of what sad consequences might follow) to partake of their own Crimes and Errors: So then the case is briefly thus, The Kings party have in their De­clarations charged the Parliament and their party of High Treason, which party of the Kings to make good their charge have striven and done their utmost to im­prove their own to consume the Parliaments strength, as by inviting both Forreigners and Natives to come to their assistance, yeaSee the Oxford Decla­ration page 26. 27. Neutrals too, under paine of Allegiance forfeiting and breach of Oath: The Par­liament have on the other side to defend themselves and friends from such guilt the Neutrals also from the [Page 107] censure of Allegiance forfeiting as much contended to abate and take away the Kings parties strength: so both partie comming as it were to joyne issue in the tryall, there is likely to be no further dispute concerning it then what the sword shall determine.

The next Treason wherewith the Parliament stands charged is the making a new Great Seale counterfei­ting the Kings; the Reader may observe the justnesse of such charge, the Great Seale an Instrument of State See the same Declara­tion page 11. whereby Iustice is derived and distributed to the peo­ple, as the Kings party at Oxford have confessed, being surreptitiously and vafrously taken away from the Parliament the Representative body of the People, con­trary to the trust reposed in the Keeper of the same, the making a new one cannot be rightly judged Counter­feiting within the meaning of the25 Edw. 3 Statute: Counter­feiting is a close & cover act against the knowledg and privity of a superiour and lawfull power damnified by such counterfeiting; nor is every thing which is made to the mould by which tis made a simply counterfeiting. The quality of the offence is discerned in the manner of the offending and the making a Law commonly re­lates to some precedent crime or fraud; Now no man will believe that it is any where to be found upon Re­cord whereon to ground a Law, that a King and Parli­ament have at any time made use of a Great Seale to crosse or thwart each others actings. Many other accu­sations of this kind are charged on them as disturbers of the Peace, Authors and Fomentors of this they call Re­bellion: wherefore lest these severall charges hereto­fore denounced against them should by the Enemy's recovering his power againe be hereafter made good [...] [Page 110] obedience to Their power, They require no more then what the Apostle enjoyns, Let every Soule be subject to the higher powers, for there is no power but of God; the Powers that be are ordained of him, and whereas they have enacted and declared that all men in Offices of trust and qualified shall promise to be true and faithfull to this Commonwealth wherein they live, and from whence they hold and enjoy their welfare, requiring after­wards a Subscription and Engagement of Fealty unto the Commonwealth as it is now established without a King or House of Lords, the peoples subscription thereunto is no more, if small matters may hold resemblance with greater, then Tenants of a Mannour unto a Lord thereof, unto whom without disputing the Right and Title they promise their present Fealty: If the Lord unto whom they have heretofore done Homage be disse [...]sed by a stronger then himself, take it either of Right or Power, the Tenants are to pay their Ho­mage to the Lord that is. It is not to the Power already past or that which is to come but to the powers that be, unto which Subjection is to be rendred. The name as the Office of a King hath been an ancient continued and supreme Title before and since the Conquest, his single person subject yet to Passion Error Faylings, through which he may more expose his Kingdoms unto dangers then a Councell of Parliament can well be thought to do: A Parliament hath been a discontinued and inter­mitted Court howbeit ofSir Edward Cooke his Collections concerning the Authority of the Parlia­ment in the fourth Book of his Institut. Su­preme Authority and Honour, within the power of any wicked or impious King, if any should hap­pen to reigne, to be held on or dissolved at pleasure, [Page 111] untill by a Law Enacted by the late King's con­sent, This was not to be dissolved unlesse they pleased: Wherefore the People leaning rather on the one (the King) being of a setled Being, and who could Reward or Punish at his Will: then on the other (the Parlia­ment) of a more unstable Being, and heretofore Dis­soluble at the pleasure of a Prince, the Parliament judged it fittest to take away his Power and Office, lest by vertue of such Power he might Dissolve, Convene at pleasure, and so Awe their next Convention, as to Repeale and make Null the Laws and Acts of this. The Inconveniences may be many discovered by their pru­dence which the state of Common-wealths in a Monar­chy may be subject unto, when Princes in their Usur­pingly Absolute and Monarchicall estate, abusing their Power Trust and Liberty, have become Tyrants over the Lives and Liberties of the People, ass [...]ming more­over so much unto themseves or having been flattered by their Creatures to believe, That they are Gods on Earth, as some of the Roman Emperours did arrogate unto themselves, That their Power is so vast, so Soveraign that the People were ordained for their behoof to doe and pay Obedience in whatsoever they shall Com­mand, not the King for the Quanquam Principes sunt ex nu­mero [...] tamen natura & temporis ratione prius sue [...] int Subditi Princ pes ve [...]o (nisi qui Tyrannidem u­surpârint) non naturà ut Pat [...]es sed suf­fragio Subditorum gratia constituti s [...]nt I [...]de illud Domini apud Daniel 4. 32. Scias quod dominetur Altissimus in regno homin um & cui volue [...]it dabi [...] illud. Ex qu [...] se­quitur non Regum causâ Subditos nasci, sed Reges commodis Subditorū inservi [...]e debere. Bu­can. Institut Theolog. Tractat. de Magistratu. Thomas 1 part 1 samma Theolog. quest. 9. Art. 3 & 4. Peoples good, That Kings were accountable to none but God for whatsoever they doe, as of late 'twas threatned, That the Kingdome hath its Power and [Page 112] Being from the King, when as a graveThe Au­thor of the Peoples Plea, Divine by his Reading, proves

Notwithstanding which, admit what the Kings party would have, That the Kingdome hath its Power or Be­ing from the King, that Kings as Nursing-Fathers are worthy of much honour, yet where they lay waste their Soveraignty by oppressing their People, by exer­cising a Tyrannicall Power over their Estates & Lives, where they embroyle their Kingdomes in such a War, as the doubtfulnesse of the successe hath protracted it for many years, the continuing it hath consumed the Estates and appall'd the hearts of most of his people (no man knowing yet the worst and end thereof) they cannot expect Power, Being, and Welfare from such a King: The danger of the continuing therof consists in this, That howbeit there have been heretofore Civill Wars betwixt the King and Subjects of this Nation, none like to this, consider it either in the manner for the beginning and continuance of it, for the opposite and crosse Engagements even beween the nearest Friends, between Brethren of the same Bloud, be­tweene [Page 114] the Father and the Sonne, between Equalls in all Degrees and Faculties; Amongst some really and with vehemence pursued, amongst others (though opposite in judgement and opinion) yet so linckt in relative affection each to other, that their Actings and Contendings seem rather a mutuall agreement with their Friends of the opposite part to serve each others turne, then a true and reall Discord, to the end that which of the parties shall prevaile, the Prevailer by such mutuall contract shall be able to helpe the Con­quered: And that which seems strange in the Quar­rell, the most unhappy to the protracting it, is the Violence and Heat in many of the Opposites shewne in their contrary arguings and assertions one to the other, as that the taking up of Arms in the defence of the Laws and Liberties was judged by the one side to bee Lawfull and Necessary, condemned on the other to be Trayterous and Rebellious, the same act could not be Lawfull and Trayterous too; the Difference onely is as a long time it hath been, concerning the severall ob­jects and matters in dispute, as how Peace hath been forfeited, how lost, now on what terms, and by what means to regain and secure it when regained: The Kings party say (the more moderate from a reluctan­cy of heart, and unwillingness to be Conquered, others of a fiercer spirit to be Avenged on their Adversaries) the surest and next way to Peace is in the Prince his en­joying what his Father had, faintly believing, that he will be avenged only on those who were the Authors & Contri­vers of his Fathers death, that he will passe by with a gene­rall Act of Oblivion, all other of the People by a light Fi­ning, or putting them to Compound for their Estates. The [Page 115] Parliament having in their wisdome and experience discerned and foreseen the danger which the Com­mon wealth They and Their Friends are thereby sub­ject to, are of a contrary minde to what the Kings par­ty doe give out, They doe foresee (and know that it concerns them to provide against) that the Prince will not onely rest there to be avenged for his Fathers death, he will remember his owne being kept out, and as it were exiled from out the Kingdome where­unto he aspires, and hath engaged so many against this. The Scots in maintenance of the Kings Party's judgement contend to aid his Sonne the Prince, but whether for tho Covenant as their Motto's doe professe, or against through a mis-understanding it, or through willfull blindness, their Actions doe declare and are here expressed: They give out that they have brought the Prince to repentance for his Fa [...]hers sinnes and for the sinnes of his Family, but that their Prince doth threaten not many moneths before, requiring aid to be avenged for his Fathers death, and yet to repent and to be humbled for his Fathers sinnes seems incon­sistent: But doe they mean the Prince in his Person only or his Party? they should withall have brought to repentance all the King his Fathers party, else their Covenanting to prevent and oppose seems to be of little use, the meaning of [preventing and opposing] carries with it a further progress of motion, then to intend onely the person of the King then living; the Repentance which they speak of, if it should prove feigned and dissembled [the Heart is desperately evil, who can know it?] and thereby the safety of many thousands engaged in this Quarrell swallowed up, the too late [...] [Page 118] his Partyes construction, as to offend: Whosoever shal look on in a conflict betwixt two opposite Parties, his affections questionlesse incline (whatsoever his Actions are) more to the one party then to the other: So Neu­trals such as have not acted for the King, being already by his Party adjudged Guilty, are subject to the censure, & may be brought in within the compasse of the Prince his meaning, for if upon the late King his Parties good successe in some victories obtained when they kept Garrison at Oxford they in the high tide of triumph construing their fellow Subjects demeanour in relation to the King, spared not to bring in all Neutralls, if the Prince shall come in Conquerour, what shall be judg­ed and who reputed Principalls, who Accessaries (which is all one if it were Treason) to his fathers death? when as the Charge of taking away his life Forraigners and strangers beyond Sea reckon to be a Nationall and the Peoples Act, because the Parliament is the Represen­tative of the people; for they not knowing the reason and exigency of matters here, account it not an Act only of the Iudges, Advocates, and Officers deputed for his Tryall, but include the whole English driven on first by the Scotish Nation, the English more manifest­ly in that divers of their Friends and Agents being em­ployed beyond Sea for making good the Amity and correspondence betwixt Them and other States and Na­tions, have been barbarously and inhumanely murde­red by the enemies party, severall affronts and indig­nities offered them, all to disgrace, lessen, and discou­rage the Parliament and their Actings: So that it con­cernes both Nations (the English and the Scots) right­ly to apprehend, and rather to have continued in their [Page 119] mutuall League then be led away (as the Scots have manifested themselves to be) by the power and ambition of the greater ones, to engage one against the other: The English have sufficiently expressed their averse­ness from a Warre with the Scots, their readynesse to afford them ayd in their greatest wants, and cannot now be thought forward, unlesse provoked to invade their Country, or if they do to be gayners by it, what the Scots may by invading This, all men know who know the condition of Theirs and Ours, how sterile the one, how fruitfull the other Country is; the setting Us and Them at variance, the differences and dissentions be­tween Us now, flow̄ frow one common Source, to wit the Enemy his wiles and subtilty, who wants no strata­gem to bring this contest betwixt him and Us into a fresh debate, both by secret and covert acts at home to promote sedition and division amongst those whom he would overcome, as by open Acts and solicitings a­broad to pursue his attempting to bring in any forraign force, how wild or barbarous soever they be, how hard to get them out againe out of this plentifull Nation, yeelding them all provisions all habiliments of Warre to strengthen themselves in this, as to provide for their next attempt elsewhere after they have destroyed and harrased this, not knowing how to distinguish between Presbyterian, Independent, and Royall Party, and this to be driven on by him and his accomplices (in an hazar­dous and uncertaine way) out of revenge and thirst to regaine unto himselfe his power againe, long since for­feited through his mistaken loyalty, certainely through disaffection to his native Brethren of the same Nation, or without considering (which wise men should) [...] [Page 122] the price of peace which cannot be had without a War, Mony being the sinewes and support thereof; the Country-man grudgeth not to pay for seed expecting a plentifull harvest, nor the Tenant to contract with his Landlord to disburse great summes for an estate in Re­version for his posterity, yet the laying out mony by either of them, for that without which the Country­mans harvest nor the Tenants Estate can fall out joyously, is irksome to them both.

The frequent exception which the People make by way of comparison between the payment of Ship-money in the late Kings time, and the Impositions and Taxes now required, comes fitly to be answered: Better (say they) that the payment of Ship-money should have continu­ed and the like illegall Taxes demanded beyond and above the power of Law, easier to be born then so much Bloud spilt, then such vast summes of money spent in the maintenance of this War, and the People thereby impoverish'd: The Par­liament confesses and allowes as much, that of two Evils the lesser is to be chosen, where of necess [...]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 Tertullian. 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.

[Page 123] 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 [...] [Page 126] 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 tis [...]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 [Page 127] 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's [...]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 'tis 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 [Page 128] 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 theTreatise 26. [...] in the Kings name remembers and observes the demea­nour of them both, That the Presbyterian did hunt for that which the Independent caught in hunting, viz. the o­verthrow of the King in Person or in his Monarchicall Estate, and the Prince in his Messages before recited, remembers how they have both behaved themselves: The Presbyterians being against Subscribing is not in respect to the House of Lords, nothing in the Covenant to deter them from Subscribing as touching the leaving out or holding in the Lords, whom no part or Article of the Covenant includes or comprehends.

Briefly to understand the Reason of Enjoyning, Ta­king or Refusing it, which is now become a disputable Theame, the exception against the taking is either in the manner, the formall reason, the scope and intention of those who enjoyned it or the matter enjoyned, as to the first, the reason of enjoyning it seems no other Bond and yet then what the Parliament & their friends did about 8 [Page 129] years since of entring into a Covenant for the better streng [...]hening and [...] fi [...]mly binding all men toge­ther in a Religious and Civill Union, that seeing Di­vidings in Opinion and Dissentings in practice are fatall to the Conquerour, Union and Accord to the Conquered, the Parliament contends to bring all men into one form of Civill Government to one unanimous judgment, whereby after theMaster 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 U [...]i­ting Minds, then of Restraining Hands as a meanes for the preservati­on of the publick peace. Uniting of their Minds, a Restraint of Hands and ceasing from further Contentions might ensue to the begetting a firme and lasting peace, Opposition in Af­fections begets the like in Actings and Endeavourings, especially in a Ci­vill Warre where men of eminent and active spirits, zealous for and fond of their own Opinions an [...] bold to vent them, when subdued by Arms and convinced by Reason shall resolve into Re­venge and Fury and become restlesse in their attempts even to the hinderance of an ensuing Peace untill they and their Party may gaine what they have lost.

The Engagement now enjoyned and tendred seemes more easy to be observed, more uniforme then the Covenant, theSee the [...] upon the Covenant. Covenanters protesting in one place That they will desend the Kings Person and Authority in the preservation of the true Religion and Peace of the three Kingdoms; in other places, That they will really sincerely and constantly, without respect of persons, endeavour to bring unto condig ne punishment all such as shall oppose and disturbe such Peace, If a King shall sweare to go­verne according to the Lawes of the Land as the late [Page 130] King did, the Oath is no longer to be understood an Oath then the Lawes have being; [To govern] ta­king it without an addition is an indefinite and indeterminate act; [To governe according to the Lawe▪] a qualified and limited one in the termi­nation of his Oath: The termination in the Covenant [for the preservation of the true Religion Liberties and Peace] is the reason and formality of that and of other Articles of the Covenant; A Covenant or Promise to preserve the Kings person, without set­ting down wherefore or to what end, is a short and inde­terminate promise unlesse the intent or finall Cause of such promise be expressed: Wherefore if the King as the Lords and Commons have often charged him, be guilty of the blood spilt in these his Kingdoms, the Co­venanters could not, both defend his Person and Autho­rity, See the Co­venant. and yet bring to publique Triall th [...] [...]uthors of the effusion of that Blood and to bring them to that condigne punishment as the degree of their offences should require or deserve as is elsewhere mentioned.

As to the matter of the Engagement [to be true and faithfull to the Commonwealth as it is now established with­out a King or House of Lords] what is the exception a­gainst the subscribing this? The King being dead, and least the Prince (his Sonne) or any other of his Family, shall pursue what he hath threatned, the revenge of his Fathers death, the Parliament hath thought it fit, yea necessary, to exclude him as a King from the Su­premacy of this Government, the Competition being betwixt a Monarchicall forme of Go­vernment [a Government by a King] and a mixt of [Page 131] Aristocraticall and Oligarchicall, or of a Common­wealth without a King: If the former be admitted viz. a Monarchicall the power of Government then descends unto the Prince (the late Kings Sonne and Heire) So the Presbyterian having entred into a Covenant chiefly and principally for the defence of the Protestant Religion, the Subjects Liberties seems to waine those parts of the Covenant entred into for defending them, if now that the Father is taken away they admit the Sonne trea­ding in his Fathers steps; unlesse the making and taking it were in [...]ended onely to inure and remaine in force for the term of one mans life: Wherefore the Powers that be have good cause to be jealous of such as reject the latter Form, embracing a Monarchicall one, as com­plyers with the late King and Prince, and weary of sub­mitting and adhering unto them.

Wherefore the States enjoyning the Engagement is no matter of chance, as a thing which may be required to be done or let alone, of none or a slight concernment devised or instituted to little or no purpose, when con­ducing as far as at the present they judged it might avail to the discovery of mens affections, it conduceth like­wise to the settlement of a Peace and Union: for whilst the mindes and judgments are no more unanimous, the contentions in this War will hardly cease.

The choice of Taking and Refusing should like­wise be of a judicious and sober inquiry, as who doth en­joyn, and to what purpose tis enjoyned, not that there­fore we should so refuse because we have suddenly and rashly resolved so to doe, a fault incident to yong wits, hot and fiery spirits, or because we see learned and [Page 132] eminent men in other kindes of knowledge, able indeed to lead weak and unstable spirits Captive un­to theirs, do refuse, but on good deliberation and well weighing wherefore the State hath required it.

They in their enjoyning the Engagement insist not, nor is there cause they should, so much on the value and efficacy of polite Learning and knowledge, take it either in Languages Arts or Academick faculties, or [...]n the judgment and discretion of such Men as have read a multiplicity of Authors, or are as M [...]ses was, skil­full in all the Learning of the Aegyptians, as on a sober studied and well grounded Prudence ballasted with Observation and Experience (all which the Learned may likewise have) governing and guiding the safest way to a selfe-preservation and welfare of a Common­wealth.

Besides the Novity, the Unexpectednesse of the En­gagement now enjoyned, other discontents and heart-burnings are whispered and cherished by the common Enemy insinuating and seditiously giving out, That the Nobility are unthankefully and indignely dealt withall as being detruded from their Rights and Privileges of sit­ting in the House of Parliament as Peers, to joyne with the Commons in the debate and handling the affairs of the Commonwealth, withall that those Lords who have been active and assistant both in their Estates and Counte­nance to promote the good of it during these distractions may think themselves neglected and ill rewarded if now debard from their ancient and Native Liberty of Vo­ting in the House: The reason of the Parliaments en­joyning [Page 133] of the Peoples subscribing to this Engagement, rests upon the issue of these Questions, Whether from Irela [...]d so erroneously misled and malev [...]lently affected towards England by a two-fold Antipathy both of Nation and Religion and so impetuously set on by three seve­rall parties the Royall Popish and Prelaticall, there be not an evident approach of perill to England in case the English be not some way cemented and unt [...]ed, (as the Engagement now in question aymeth at) and with a joynt vigour to sub­due them, and to keep them under when subdued? Whe­ther through and by reason of these distractions England be not in danger of losing their ancient Rights and Claims their credit and privilege of Commerce and Traf­fique which heretofore they have had with other Nations? Whether Scotland not remaining in the same condition of Amity and Brotherhood, as in their League and Covenant with England they at first United in, but rather revolting from it, it be not necessary to make up that breach by a closer union amongst our selves and against them, when as it appears, without recounting the particular actions falling out betwixt the Parliament and Army betwixt divers and private Members and Officers of Both, as what this or that particular person by himselfe or by the instigation of some few hath done contrary and against the directions or command of his superiours, That the Scots have in the maine broke with us? For instance sake, in the Article of the largePag. 16. De­mand 4. Treaty betwixt us and them granted and confir­med by the late King; and wherein (amongst the rest) they having covenanted and Declared against Popery and Prelacy which the King and his party hath countenanced and favoured and now endeavouring to [Page 134] hel [...] his Sonne into his Fathers power that then he may make good his favour towards Papists and Pre­lates would excuse themselves and Quarrell to as­signe the breach of Covenant to us, but how justly let the Reader judge: Their insisting on a pre­tended Loyalty clears them not in the judgment of any who since the beginning of these troubles have observed their Motions their Demands and Treaties, neither doth their literall leaning on the words in that Article of the Covenant [to defend the Kings Person and Authority] excuse their guilt, the Kings Person and Authority being but one and an halfe part of that Article, the sense and drift of it makes it up, which the English according to the End and Meaning do pursue in the preservation of the true Protestant Religion, the Liberties and Peace of the three Kingdome &c. Now that they give out and threaten to come in an hostile manner into England un­der their Apologeticall and specious pretence of fighting against the Sectaries thereof, of repressing Schisms and He­resies when as they have nothing to do with our Do­ctrine and Discipline Ecclesiasticall or Civill, when as our own Divines can do better service by their Tongues and Pens for the suppressing Schismes and Heresies then can be expected from the Scots their Swords and Arms, which if we may speak by experience are by the continuing this Warre more like to increase them both in number and power, then to suppresse or lessen them in either, and for the English Laity none or a very few and inconsiderable number of them doe tolerate Heresies and Sects, as is elswhere set forth in this discourse: Moreover when the English have shewn their Aversenesse from a VVarre with Them, [Page 135] At the defeat given them by Montrosse at Kilsyth eve [...] 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 van­qu [...]shed. See the Breviary of the Hi­story of the Parliament of Eng­land. their tender and compassionate thoughts towards them when they were at the lowest ebbe, and they expecting the like measure of friend­ship and Brotherhood from the Scots according to their motto and professi­on [to deal as they would be dealt with] have assisted them before, and even at the beginning of these trou­bles when they suffered most, when by their applying themselves to the King for redress they could have none, the English was their only ayd and best support. The last Question then falls out, Whether whilst these matters be in dispute we may rest secure from an Hostile invasion from them or other Forraigners? whether by these unnecessary disputes and dissentions here at home the Commonwealth be not in danger to lose that in a short time which hath cost so much Treasure Industry and Blood? For the powers that be, once shaken and be­comming weake will soon fall, most men being apt to lay hold on theNoli in caducum pari­etem inclinare▪ Lipsius Po­litic. Politicians advice [Not to leane on a weak and to [...]tering Wall] The judgment and knowledge of deciding these Questions rests in the Prudence and Experience of the State, who after a long time casting and consulting what was fittest to be done, what the safest course to be taken for the strengthning and support of a firme and present Government have resol­ved upon an universall Engagement in such manner and forme as to their wisdomes seems most expedient, and they have accordingly Declared and Ordained, that they knowing the justnesse of their Cause, ought in re­lation [Page 136] to the present security and maintenance of their power, to the preservation of a firme and la­sting Peace, to use all Expedient and Lawfull means against the violence and restlesse opposition of their E­nemies; none they judge so safe as by an Engagement and Subscription thereunto, which if throughly weighed crosseth no former Vow either of Protestation Covenant Oath of Allegiance or Supremacy, the subscriber only promising to be true and faithfull to the Commonwealth as it is now Established without King or House of Lords; not the Oath of Allegiance or Supremacy as is before obser­ved if you look into the Reason and End of enjoyning the said Oa [...]kes; Nor the Pro [...]estation taken 1641. for the maintenance of the Kings Honour Person and Estate; Nor the Covenant taken 1643 for the preserving his just Power and Greatnesse, where his Honour and Power are transitory and personall capacities during life, dying with his Person without further respect had unto his suc­cessors: So the taking the Engagement commencing since the time of the King his death, is no breach either of Covenant or Protestation taken for him in the time of his life, nor by the words [Now Established without a King or House of Lords] are the Nobility excluded for ever from their Privileges as to succeeding Parliaments if the Wisdome of the State shall so admit and these continued Divisions beget not an universall ruine ta­king away the succession of Parliaments, all Order and Government to be hereafter had, nor from an Envy or Neglect had by the House of Commons to degrade the Lords or lay their Honours in the dust as hath been of late seditiously given out; for so the Gentry of which the Parliament themselves consists, being in the next ranke [Page 137] to the Nobility may fear their turn is next to be thrown from their station also, & al become Levelled, Such sug­gestions questionlesse are infused by the Enemy's Fa­ctours into the Gentry's ears to draw away the affecti­ons of them also as well as of the Nobility, to set on those ancient ranks of men against the Parliament and their proceedings, endeavouring indeed to turn the hands and hearts of all men against them, but that the Persons and Estates of such of the Lords as have as­sisted the Court of Parliament in the time of their ex­tremities may hence be preserved from ruine, which in case the Enemy should get the upper hand they must be subject to, and cannot therefore in their serious and prudent thoughts but confesse that Safety and Preservation are as valuable as Order or Honour is.

Did the Engagement crosse the above-named Oaths, the Refuser might plead the tendernes of his Conscience, that having taken those Oaths which to his present judge­ment doth deter him from subscribing to the Engagement, he cannot without dispencing with his Conscience so subscribe. The Subscriber from the tendernesse of his observes and builds on the Apostles precepts, Let eve­ry Soule be subject to the higher Powers, againe, sub­mit unto every Ordinance of Man for the Lords sake: he holds withall Gratitude to be a morall act of Consci­ence, and therefore thinks he may, nay, that he is bound to promise fidelity to the Power from whence be receives protection and enjoyes his safety: so it seems strange that amongst men of the same uprightnes and integrity many of either party being conscientious and honest men, one Party should Take, another should [Page 138] Refuse, and that the same guide of Conscience conversing about the selfe same object should tend and lead to contrary Ends and Actions: Conscience is a certain and uniform habit of the mind of man, and therefore cannot erre in a contrary Diameter; as at the first entrance into this Warre the Kings Party did pursue their Cause as the Parliament did theirs, each of them imploring Gods blessing accor­ding to the Iustnesse and Righteousnesse thereof, which could not be Iust on ether part when their undertakings were contrary and crosse each to other: It seems as strange that divers of either party acknowledging Gods Goodnesse trusting on his help should from contra­riety of judgments and Courses each to other hope to succeed in that they expect from him, a blessing upon their endeavourings; he is the same, knowes no change, nor faileth them who trust in him: none so wicked but will confesse that he is good and gracious, but for any to expect that through his blessing through his goodnesse which they take not the proper course for in Prudence Sobriety and obedience, or faile in that which he hath ordeyned for conveying unto us what we look for at his hands, it is rather a tempting then a trusting on him: Conscience else may be defined a perswasion of the mind that such or such a thing is sinne, that therefore we are unwilling and afraid to commit the same for feare of displeasing a great and all-seeing Majesty: sinne is a transgression of the morall Law, sub­scribing is no breach of it, the act of Subscribing or not subscribing may proceed from a disposition or in­disposition to do or refuse what our will doth prompt us unto: Neither is it so much Conscience in the Taker and Refuser both, in respect of some tis to be feared a [Page 139] Passion or selfe wilfull humour governed and directed by a carnall and selfeseeking policy, neither is it a matter of small difficulty to distinguish betweene the Naturall and Spirituall inclinations of a man: It is not betweene Taking and not Taking the En­gagement amongst us as betweene Eating and not Eating meats amongst the Christian Romans, where as to the Eating and not Eating the Aposte judgeth it a matter of indifferency as to them that were so divi­ded concerning meates and thereupon ordereth Let not him that eateth despise him that eateth not, which he doth to take away the occasion of secondary differences which might grow betwixt them, to preserve the com­mon Peace, to take away all scandall and division; there was nothing there enjoyned as to the Eating or Abstaining from Eating; It is not so between Submitting and not Submitting unto Authority as to the Lawes and Policies of a Commonwealth, for whereas sub­mission to every Ordinance of man for the Lords sake is re­quired and here the Powers that be enjoyne the same, Obedience being a conscientious Duty better then Sacri­fice the indifferency seems to cease and is become a du­ty; and there the Conscience swayes the ballance ra­ther unto that side which obeyes, then unto that which resists Authority: so the continuation of the quarrell rests in subjection on the one hand to, in resisting on the other hand the higher Powers, & the process of this War lies on their score and theirs alone who when they have erred and are convinced shall not acknowledge and re­tract their errour, which can be no injury or disrepute to the sober and lowly minded. The wisest ofIn sapientem non potest ca­dere Injuria. Seneca. Philoso­phers maintaines that no injury can befall a wise man, [Page 140] his stout and resolved heart keeps off the sto [...]ms of Ca­lumny when weaker ones do feare and shrinke under every gust of reproach and censure, so that if the con­victed Party shall redeem their errour by confessing it, the vanquishing forbeare to glory as some have over­hastily boasted in their extraordinary successe of a finite uncertaine and vanishing conditionSee the exhortation for and touching the taking the Covenant annexed to the Co­venant Printed. 9 February, 1643 ra­ther then in the Equity and Iustice of their Cause of a more durable and lasting station,Commonly discoursed in the Diurnalls and Occurrences Printed in Aprill and May 1651. Or in the flattering and plea­sing our selves with the divisions falling out amidst our enemies abroad concerning their Counsells and Commands, rather in studying to compose and reconcile our own at home, the Warre might soon be ended, and the God of Peace own us as of the Number of those unto whom he hath promisedPsal. 19. the Blessing of Peace.