A review of the Covenant, wherein the originall, grounds, means, matter, and ends of it are examined: and out of the principles of the remonstrances, declarations, votes, orders, and ordinances of the prime covenanteers, or the firmer grounds of Scripture, law, and reason, disproved.

A review of the Covenant, wherein the originall, grounds, means, matter, and ends of it are examined: and out of the principles of the remonstrances, declarations, votes, orders, and ordinances of the prime covenanteers, or the firmer grounds of Scripture, law, and reason, disproved.

Table of contents

Title page

The Contents of the Chapters in this ensuing Discourse.

CHAP. I.

CHAP. II.

CHAP. III.

CHAP. IV.

CHAP. V.

CHAP. VI.

CHAP. VII.

CHAP. VIII.

CHAP. IX.

CHAP. X.

CHAP. XI.

CHAP. XII.

CHAP. XIII.

Errata,

A Review of the Covenant.

CHAP. I. By what meanes the Covenanteers were reduced to the necessity of entering into this Combination, confessed to be their last Refuge.

CHAP. II. The Grounds of the Covenant, and false Assertions laid downe in the Preface, disproved.

CHAP. III. The unlawfulnesse of this Covenant in respect of the Cause Efficient; as made by Subjects against the will of their Superiour, in such things as necessarily require his consent.

CHAP. IV. The matter of the Covenant examined, and proved first to be against Truth.

CHAP. V. That this Covenant, by reason of the many ambiguityes in it, especially this, Who shall be the authentique Interpreter of it, cannot be sworne in judgement.

CHAP. VI. That the performance of sundry Clauses in this Covenant, cannot be without grand inconvenience, or injustice.

CHAP. VII. That many things vowed in this Covenant are not possible to be fulfilled.

CHAP. VIII. That the taking this Covenant, and other avowed Actions of the Covenanteers, are in fact, contradictory to the formall words of their Oath.

CHAP. IX. That many particulars vowed and intended by the Covenant, are simply and absolutely unlawfull.

CHAP. X. That the Covenant is repugnant to those generall ends for which it is pretended to be taken.

CHAP. XI. That the particular Ends of the severall Articles are likewise inconsistent with the matter of them.

CHAP. XII. The true End of framing and enjoyning this Covenant, the bringing in of the Scots, absolutely unlawfull.

CHAP. XIII. From these Premises the Covenant is concluded unlawfull, in respect of the Forme.

§

[Page]

A REVIEW OF THE COVENANT, WHEREIN The Originall, Grounds, Means, Matter, and Ends of it are examined: AND Out of the Principles of the Remonstrances, Declarations, Votes, Orders, and Ordinances of the prime Covenanteers, or the firmer Grounds of Scripture, Law, and Reason, disproved.

HOSEA 10.3,4.

Now they shall say, We have no King, because we feared not the Lord, What then should a King do to us?

They have spoken words, swearing falsely in making a Covenant: thus judgement springeth up as hemlocke in the furrowes of the field.

Printed in the Yeare, 1644.

The Contents of the Chapters in this ensuing Discourse.

[Page]

[Page]

CHAP. I.

By what meanes the Covenanteers were reduced to the necessity of entering into this Combination, confessed to be their last refuge.

p. 1.

CHAP. II.

The Grounds of the Covenant, and false Assertions laid down in the Preface to it, disproved.

p. 4.

Wherein is shewed that the Covenanteers falsly affirm [...]

1. Themselves to be All sorts of Commons.

2. To live All under one King.

3. To be All of one Reformed Religion.

p. 5.

4. In taking this Covenant to have an eye to the King [...] Honour and Peace of the Kingdomes,

5. Or upon all the Plots against Religion in all places.

6. That they sweare after mature deliberation.

7. That their supposed Enemies have an intention to subvert Religion.

p. 6.

[Page] 8. That their own Supplications and Remonstrances have been any meanes to preserve it,

9. Or themselves from utter ruine.

p. 7.

10. That this Covenant is according to any former practice of these Kingdomes (The late Scottish Covenant how unlike it.)

11. Or the example of God's People (Iewes, Germans, Low-Countreymen, or other Protestants) in other Nations.

p. 9.

CHAP. III.

The unlawfulnesse of the Covenant in respect of the Cause Efficient; as made by Subjects against the will of their Superiour in such things as necessarily require his consent.

p. 11.

This illegality proved upon it 1. As a Vow.

This illegality proved upon it 2. As an Oath.

p. 12.

This illegality proved upon it 3. As a League.

CHAP. IV.

The matter of the Covenant examined; and proved, first, to be against Truth.

p. 13.

In that they falsly sweare

I. The Doctrine, Discipline, Government, and Worship of the Church of Scotland to be according to Gods Word.

II. The Doctrine of England not to be so, as contradicting their practices.

p. 14.

III. The Lord not to be one amongst them, so long as Prelacy is not extirpate.

IV. That Prelacy is a sin, and that if private men should not take upon them to be Reformers, they should be partakers in other mens sinnes.

[Page] V. That the Cause of Religion is common to them all.

p. 18.

VI. That they earnestly desire to be humbled.

VII. That the sinnes by them mentioned, are the true causes of the Kingdomes distresse.

p. 19.

CHAP. V.

That the Covenant, by reason of the many ambiguities in it, especially this, Who shall be the authenticke Interpreter o [...] it, cannot be sworne in judgement.

p. 20.

Where we enquire,

I. Who ought to be the Interpreter in other ordinary Oaths;

II. Who in this. Whether every man for himselfe, or the foremen for all; and how they may differ. Particular doubts proposed upon which the Covenanteers are not resolved: As,

III. Wherein the Doctrine and Discipline of Scotland consists.

p. 22.

IV. Who those Common Enemies are against whom they sweare.

V. What the Doctrine, Worship, Di [...]cipline, and Church-Government of England is, as to the Covenanteers.

p. 23.

VI. To what that clause relates, According to the Word of God.

VII. What meant by—Whatsoever shall be found contrary to the power of godlinesse.

p. 24.

VIII. In what sense they vow to de [...]end his Majesties Person and Authority.

IX. And whether the Kings preservation must be preferred before the preservation of all, or any one Priviledge of Parliament.

p 25.

X What Liberty they intend. Whether to be free States.

XI, Who meant by—Both Kingdomes. And which the Supreme Iudicatory in them.

p. 26.

XII. What they understand by the Yoak of Antichristian Tyranny.

CHAP. VI.

[Page]

That the performance of sundry Clauses in th [...] Covenant cannot be without grand inconvenience or injustice.

p. 27.

Such is their swearing

I. Constantly to preserve the Scottish Government (a humane invention) and Discipline, in its own nature alterable.

II. To reforme the English and Irish, according to the example of the best Reformed Churches: which is hard to be found, and not necessary to be followed.

p. 28.

III. To endeavour the nearest uniformity in all the three Kingdomes; which is not possible to be compassed, nor fitting to be kept.

p. 30.

IV. To preserve the Priviledges of Parliaments; whereof some challenged to be such, are declared to be incompatible; others argued to be injust.

V. To accuse all Delinquents and Malignants, not excepting a mans own selfe.

p. 34.

VI. To endeavour that all such may be brought to punishment, without hope of mercy or pardon.

VII. Each man to go before another in the example of Reformation; without waiting for the Ministers to shew, or Magistrates authority to lead the way.

p. 35.

CHAP. VII.

That many things vowed in the Covenant are not possible to be fulfilled.

p. 36.

For it is impossible for all the Covenanteers,

I. Constantly, and all the dayes of their lives to endeavour each particular they sweare.

II. Mutually to preserve the Priviledges of Parliament of all the Kingdomes.

[Page] III. To assist and defend all that enter into thi [...] Covenant.

p. 38.

IV. Never to alter their opinions to neutrality or indifferency.

V. To observe all the Cla [...]ses in the Covenant, some whereof imply contradiction.

CHAP. VIII.

That the very taking the Covenant, and other avowed actions of the Covenanteers, are in [...]act contradictory to the formall words of their Oat [...].

p. 40.

This is argued, in that they sweare,

According to their callings, to extirpate all Popery, Superstition, Heresie, Schisme, Faction;

And to preserve the Priviledges of Parliament, Liberties of the Kingdomes, Authority of the King:

Yet is their taking and enforcing of this Oath

I. Inconsistent with most of their Callings.

II. An act of Popery, properly so called.

p. 41.

III. As great a Superstition as Monastique vowes.

p. 44.

IV. A Branch of Aëriani [...]me, and so a Heresie.

p. 46.

V. A vowed Schisme from their mother Church.

p. 48.

VI. A breach of the iust Priviledges of Parliament.

p. 50.

VII. An encroachment upon the publique Liberty.

p. 53.

VIII. A contempt of the Kings Authority.

IX. A sworne Faction against the better part of the Kingdome.

CHAP. IX.

That many particulars vowed in the Covenant, and intended by the Covenanteers, are simply and absolutely unlawfull.

p. 55.

Such are

I. The alteration of Religion established by Law, without the Lawgivers consent.

[Page] II. The Extirpation of Episcopacy.

p. 61.

III. The pulling down the present Church [...]Government, before they be agreed upon another.

p. 63.

IV. The Extirpation of the present Ministery, as being Ecclesiasticall Officers that depend upon the Hierarchy.

p. 66.

V. The Extirpation of Deanes and Chapters, and alienation of the Churches patrimony.

p. 68.

VI. Their illegall forcing the King to go against his Oath, legally taken at his Coronation.

p. 72.

VII. Their swearing to have no respect of persons in their Extirpations.

p. 75.

VIII. Their allowing their Iudges to punish Malignants as they shall thinke convenient, though their offences do not so deserve.

CHAP. X.

That the Covenant is repugnant to those generall Ends for which it is pretended to be taken.

p. 78.

As being,

I. Contrary to the Glory of God.

II. Destructive to the Protestant Religion, and serving rather to advance Popery.

III. Derogatory to the Kings Honour.

p. 80.

IV. Preiudiciall to the Liberties of the Kingdomes, as taken for the upholding of their power, by whom all publike Liberty is already destroyed.

V. Inconsistent with the Peace of the Kingdomes: as tending immediately to nothing but Warre with others, and not likely to end in Peace amongst themselves.

CHAP. XI.

[Page]

That the particular Ends of the severall Articles are likewise inconsistent with the matter of them.

p. 87.

As,

I. A violent Reformation, with the Growth of Religion.

II. A violent Extirpation of what is not sin, with the clearing of the Extirpers from sin.

III. Their swearing, absolutely to preserve the power of Parliaments, but the Kings Person and Authority with reservation, for this End, that the world may judge of their loyalty, and how they have no intentions to diminish his iust Power.

Here the world is in part informed wherein the Kings iust Power consists: As,

(1. In making

p. 88. of Law.

2. In making

p. 88. of Law.

3. In declaring

p. 89. of Law.

4 [...] In executing

5. In appointing Iustices.

6. In pardoning offenders.

p. 90.

7. In disposing of preferments.

8. In protecting his Subiects.

9. In Supremacy over all Estates.

10. In calling, adiourning, proroguing, dissolving of Parliaments.)

p. 91.

And how all these Powers are actually diminished, if not destroyed by the Covenanteers.

In treating of the last particular, the equity, and so the validity of the late Act, Against the Dissolution of this present Parliament, is ventilated.

CHAP. XII.

[Page]

The true End of framing and enjoyning this Covenant, The bringing in of the Sco [...]s, absolutely unlawfull.

p. 96.

I. In respect of the English inv [...]ing.

p. 97.

II. In respect of the Sco [...]s comming. (Where the three pretended Reasons of their Invasion are debated, viz.

1. The g [...]d [...]f Religion in England.

p. 98.

2. The [...] of their native King.

p 99.

3. The rescuing this Kingdome from destruction.)

p. 100.

III. Their many former Oaths and Protestations to the contrary [...]

CHAP. XIII.

From these premises the Covenant is concluded unlawfull in respect of the Forme.

p. 104.

Errata,

[Page]

Page, | Line, | For, | Reade
3 | 18 | left | last
6 | 3 | desciverant | desciver [...]nt
7 | 2 | and | or
8 | 34 | abjected | abjured
10 | 13 | Passan | Passa [...]
14 | 35 | convented | convened
ib. | 37 | knew | know
21 | 21 | interferre | interfere
23 | 33 | Assembly that | Assembly of that
25 | 6 | bulke | balke
29 | 6 | to English | to the English
ib. | 20 | our | one
31 | 29 | must | might
37 | 31 | considered | considerable

Those Quotations which occurre out of the Remonstrances or Declarations of Parliament, are taken out of that Exact Collection, printed for Edward Husbands, and published by speciall Order of the House of Commons made Martii 24. 1642. which is here usually pointed at, the most compendious way by these Characters.

A Review of the Covenant.

[Page]

[Page]

CHAP. I. By what meanes the Covenanteers were reduced to the necessity of entering into this Combination, confessed to be their last Refuge.

WHen the danger is once over, to reflect upon the many miseries they have undergone, may haply afford some small comfort to such as shall escape: but so long as we groane under the present distempers, and can discerne no probable end of our sufferings but with our selves, it is but a sad contemplation to look back upon our former Peace, and enquire by what sleights we were fooled out of so happy a condition. He that found the poor man ready to perish in the bottome of the pit, and was more inquisitive how he fell in, then sollicitous to use meanes how to help him out, expressed a greater measure of curiosity then Charity.

It shall therefore be my chiefest endeavour to rescue, if I may, the many seduced Scules out of that pit of Destruction into which they are already plunged. The danger of those courses that led them thither, was wisely foreseene vide; Exact Collection of all Remonstrances, Declarations, &c. between the Kings Majesty, and the Parliament. pag. 61. 102-127.164.1 [...]. 252. & 381.and timely foretold by His Majesty; but urgentibus Imperium fatis, salutares Dei at (que) hominum admonitiones spernuntur.

[Page]If the Contrivers of these great Tropicks in Church and State had at first, [...], acquainted us with their designes, we should have been affraid to owne, and ashamed to abet them. No question but what comes last in execution was first in their intention. The subversion of Government, as well Civill as Ecclesiasticall, was the prime aime of those Architects of State, who were to erect their private greatnesse upon the publique Ruines. For whom it had been in vaine to strike immediatly at the face of Majesty, or talke of pulling up Root and Branch the first day. At the beginning of our Parliament it was with the common People of this Land, as once with the Roman Souldier, Miles longo Caesarum Sacramento imbutus, ad destituendum Imperatorem, arte magis & impulsu quàm suo ingenio traductus. The tye of Allegiance which had been ever held sacred, and the many blessings of a long Peace, enjoyed under His Majesty and His Royall Father, would not, without the help of Arts and Industry, suffer them to make a suddaine defection from their Loyalty. Their nature therefore, fatally inclined to change, must be cunningly wrought upon by an odious representation and malitious aggravation of some past grievances; their dull restive Spirits must be conjured up by those two vulgar Charmes, Religion and Liberty; they are commanded to beleeve this is destroyed, and that endangered: So to bring them out of love with their present condition, and make them venture a certaine happinesse for uncertaine hopes.

By what degrees they were disciplined and broken to a perfect Rebellion, I forbeare to rehearse. But if the Covenanting Members yet remaining at Westminster (of whom onely I desire to be understood through this discourse) be the same men that managed the Cause from the beginning, and were the true Authors of all those Declarations and Remonstrances fathered upon one or both Houses of Parliament, I crave leave once more to put the Kingdome in mind of what they were told before, Declarat. of May. 19 1642. E C. p. 213. vid. & p. 16. & [...]86. how they had brought their worke to such a height and degree of successe, that nothing seemed to be left in their way able to hinder the full accomplishment of their desires, unlesse God in his Iustice should send a grievous curse upon them. When we lay this profession of theirs in the ballance with His Majesties Answer to that very Declaratîon, [Page] Ex Coll. p. 255. where he desired his actions might no longer prosper, then they were direct [...]d to the glory of God, and the maintenance of true Religion; and weigh withall, Their strength and His weaknesse at that time, he having but a few men to guard him, lesse money to pay them, nothing at all to arme them, save a good Cause, the onely thing that his adversaries wanted; and see how the Scales are turned since, how they are enforced to call in Forreigne assistance, and verifie their owne prophetick feare of invasion; we cannot but acknowledge His Majesty found that blessing which he desired, but whether it were the curse of God that thus farre hindered the accomplishment of their desires, we are not forward to pronounce.

After they had been twice foyled by His Majesty, first by His Pen, and since by His Sword: when writing and fighting would not serve the turne, they fell to vowing and swearing; their City Covenants led the way, and to bring on the Scots, this Nationall followes [...] which their owne elect M. Nye in his Exhort. Co [...]. with a Narrative. p. 21.Orator tells them, As it is the last Oath they are like to take in this kind, so it is their last Refuge. Tabula post naufragium. If this help them not, they are like to remaine till their dying day an unhappy People.

This then being (as is supposed) their Achilles, upon which the fate of Greece depends, I have adventured to encounter it. Though I must confesse the mindes of all men being long agoe preengaged, and the grand controversie not likely to be decided by any other dispute, then of the sword: Discourses of this kinde are much out of date. Nor can I conceive what other great advantage they can make of this Covenant, unlesse it be to enrich themselves by the injust spoiles of some few men resolvedly honest, who by refuseing of it shall give testimony to the world, that they value the salvation of their soules, above that of their Estates. As for those many softer tempers, who may be wonne by perswasions, or forced by constraint to the taking of it, they will no sooner have opportunity to free themselves from those inducements, then they will hold themselves freed from any obligations laid upon them by this Oath, which is no other then a band of iniquity, as I shall endeavour to prove by thi [...] ensuing Discourse.

CHAP. II. The Grounds of the Covenant, and false Assertions laid downe in the Preface, disproved.

[Page]

THe more sacred any Ordinance is in it selfe, the more prodigiously Sacrilegious is their sinne who would abuse it to injust ends. Such are all those who traiterously affected to the King of Heaven, without any warrant from his Law, upon false suggestions and surmises of their own, dare counterfeit his Signe Manual, a Vow, and affix his Great Seal, an Oath, to any illegall Ordinance of their own invention.

The Preface to this Covenant, if it be no part of it, (as Covenant with Narrative. p. 28. Maister Henderson saies it is) yet it containes the grounds of it; which ought to be so true and evident, as might be fit foundations to build a Solemn Oath upon; so unquestionably certaine, that at least the Covenanteers themselves should not doubt of them. Whereas here they present us with almost as many untruthes as lines, and some of them such as themselves know and confesse to be false.

1. For it is not true, that all sorts of Commons in the three Kingdomes, either yet have, or probably ever will take this Covenant, nor that it is indeed, what is here insinuated and commonly given out, a Nationall Covenant between the Kingdomes. When the Covenanteers in the close, declare their desire to be humbled for their own sinnes, and the sinnes of these Kingdomes; as they put a distinction betwixt their sinnes, so must they admit a vast difference betwixt themselves and these Kingdomes, of which they are but an inconsiderable part; I mean for their worth, and I hope for their number too.

2. It is not true, that all those who take the Covenant upon their own Principles, Live under one King; the States of Scotland, and the two Houses in England, are commonly affirmed to be above the King, at least Coordinate with him. His authority is

M. Wards Analysis of the Covenant.

said to reside with them, though the person of Charles Steward be not there. This indeed makes them Kings, but not one King, so long as [Page] England and Scotland are not one Kingdome. As for other inferiour Covenanteers they must be Subjects, but whether to one, or the many Kings, let it be thus tried. King Charles Commands they shall not swear this League, the many Kings Command they shall; and their Subjects they are to whom they obey.

3. It is not true that all the Covenanteers are of one reformed Religion.

Edenb. Ian. 4. 1642.

The Scots have often Petitioned for unity in Religion, and

S. Andr. May. 3.1642. E.C. p. 598, 599, & 600, 602.

professed there can be no hopes of it, till there be first one form of Ecclesiasticall Government: this being not yet effected amongst themselves, they must not pretend to be of one Religion.

4. It is not true that in making this Covenant they could have all those goodly things before their eyes, which they here boast off. Vision is properly of things present; the Liberty and Peace of England, & Ireland could not be visible to them through the deplorable Estate of the one, and the distressed Estate of the other Kingdome. But if they meant the phrase in a figurative sense, yet am I loath to beleeve they looked upon the Glory of God, and the honour of His Maiesty with the same eye. That they intended to make him a glorious God, in the same sense, they endeavour to make his Majesty a Glorious King.

5. It is not true that they did or could possibly call to minde the plots, attempts, and practices against the true Religion, and professors thereof, which have been in all places ever since the Reformation. It is now above sixscore yeers since Luther first broke the ice, no doubt many plots have been against our Religion, or the professors of it, some perhaps bare plots, stifled in the wombe, and never known but to the plotters; others might come to the birth, attempts, and practices, but at such a distance of time and place that none of the Covenanteers could be privy to them then, or were acquainted with them since; either never committed to story, or those Histories not now extant, or at least not read, no [...] observed, or forgotten by the Covenanteers, who therefore cannot now call to minde the plots in all places ever since the Reformation.

6. And if they have not done so, then is the succeeding position likewise false, they did not enter into this Covenant after mature deliberation. Surely two or

Order of the Commons. Sept. 25. 1644.

three dayes after the first proposall was too short a time to ripen such a Deliberation. But if it must [Page] be held an essentiall marke of malignancy, not to swallow without chewing whatsoever is offered by such hands who pronounce the sentence by that Law, Qui dubitant, desciverant. If any one Covenanteer be truly guilty of such a politique rashnesse, as to sweare upon trust, that others have maturely deliberated, though he have not, his default is sufficient to make all the rest lyars, who in that case cannot truly say, We of all sorts, calling to minde the Plots in all places, resolved, after mature deliberation, Sweare, &c.

7. If it were agreed, who are the greatest Enemies of our Religion, we should be better able to judge of the increase and exercise of their power and malice. Vpon that principle which the Scots have taught us, No unity in Religion without unity in Ecclesiasticall Government; we must conclude against the Covenanteers, that they who sweare to extirpate the Government are Enemies to the Religion of the Church of England. But if they intend by Enemies, the King and Bishops, and other misnamed Malignants, whom they traduce for an intention of subverting Religion, it is a calumny, as void of truth as full of malice: nothing was ever denied by his Majesty, or opposed by his Followers, which might conduce to the settlement of the true Reformed, Protestant Religion And if it be such a permanent truth, that when ever any man sweares this Covenant, The power of these Enemies is at that time encreased; I wish they would consider what a strange Enemy they have to deale with, who growes stronger by their opposition, Qui saepiùs vinci potest, quàm illi vincere: and take heed they be not given up to incureable blindnesse and hardnesse of heart, that they cannot see, or will not acknowledge the hand of God working against them, and themselves fighting against God.

8. It is not true, that their Supplications, Remonstrances, Protestations, and Sufferings have been any meanes to preserve themselves or their Religion from destruction. First, for Supplications: we have not heard of any from Ireland without effect, save such as are put upon the Covenanteers score. Nor have the Scots been repulsed in any desires which concerned themselves; it was their crime, which is our misery, they would needs be in alienâ Republicâ curiosi. And such supplications as have been presented in the [Page] name of this Kingdome, were either for fashions sake, desiring the Kings consent to things they resolved to do without it; and after the rejection of that gracious Message of Ianuary 20th, which might have prevented all those unreasonable demands insisted upon since, Non ut assequerentur, sed causam seditioni. To send an Army to present a Petition, was a strange addresse of Subjects to their King. Nor need they impute their Remonstrances of all the conceived errours in Government, or their Protestations to defend his Person, accompanied with a

Octob. 22. 1642. E.C. p. 663.

Declaration against his syncerity in Religion, and resolution to hazard their lives against Him and his Army, which the very next day they performed accordingly: but if supplications and sufferings were truly meanes, why do they not continue to supplicate, since they have no right to command? Why do they not (like Christians) rather suffer still, then offer wrong? Rather submit to the Lawes in force, then by violence compell their Soveraigne to receive new ones from them?

9 Their Resolution to enter into this League, for the preservation of themselves and their Religion from utter ruine and destruction, implies a double untruth, that both they & it may be utterly destroyed. Though our Bodies and Estates have been long exposed to the perill of destruction; yet our soules are shot-free, we may take our Saviours

Matth. 10, 28.

word for it; and Animus cuj [...]sque est quisque. When Pandora's box of feares and jealousies was first set open, we were told of dangers though we could see none then, save that it was certain ruine for any man to thinke he was not in danger; but we have now too just cause to believe their predictions, who by that artifice got so much power into their hands as is sufficient to undoe the Kingdome; and by this Covenant vow so much ob [...]tinacy as not to entertain any thoughts of peace till either that be done, or they perish in the worke: and if they shall, yet will their Religion (if it be that whi [...]h they professe, the true Protestant) never faile, for Magna est veritas & praevalebit:

Matth. 16, 18.

the gates of Hell shall not prevaile against it;

& 7. 27.

it is founded upon a Ro [...]ke, and all the Enemies of God cannot overthrow it,

Act. 5.29.

because it is of God.

10. The pretended truth of that which followes is obtruded [Page] upon the people to serve for a shooing-horne to draw on the Covenant, which is falsly affirmed to be according to the commendable practice of these Kingdomes in former times. The Subjects of England neuer entered into a sworne Covenant, such as this is, either amongst themselves, or with other Nations. If the late Rebells in Ireland did any such thing, none but equall Rebells will thinke their Example worthy of commendation. So then, if neither England nor Ireland ever did the like, t [...]en not these Kingdomes. Scotland onely remaines, the neare and neighbouring Example whereof Covenant with a Narrative. p. 28. Master Henderson proposeth to our Covenanteers, as worthy their best observation, he would not say imitation: for Examples are the weakest Arguments; and in matters of doubtfull right those that urge them commonly go beyond their Copy. It is but a poore defence, Societatem alieni criminis innocentiam vocare. Nor will the late Scots Covenant 1538, serve to justifie this now.

For first, in relation to themselves, there is a great difference in the occasion then and now. Their Religion and Liberties they then affirmed to be invaded; now they cannot pretend any such matter.

Secondly, for the efficient cause, that Covenant was made onely betwixt Subjects of the same Kingdome; but this is a League amongst People of different Countries and Lawes.

Thirdly, that was not without some stampe of royall Authority; being alleadged to be the same for substance with the generall Band, formerly subscribed and allowed by King Iames 1580. and enjoyned by severall Acts of Councell and generall Assembly 1581, 1590. and to justifie their explanations upon it many Acts of Parliament were produced. But this is wholly contrary to the Kings Command, and some part of it against the whole current of English Parliaments.

Fourthly, the maine matter in both, Episcopacy, though it was supposed or suggested to be against Law in Scotland, yet was Ministers Answer to the 4. Dem. of the Doct. of Aberden. not required to be abjected, but the practice of it forborne, and the matter referred to a free generall Assembly. Whereas here, though it be so deeply rooted in our Lawes, that no man can tell what is Law without it, it is vowed to be utterly extirpated, and that [Page] without the advice of the Clergy in Convocation, without a free Convention of both Houses in Parliament, without His Majesties Assent or Approbation.

Fiftly, for manner of prosecution, Ibid. Answ. to the first Demand. & Answer to the first Reply. the Scots then professed to perswade, not enforce men to Covenant; disclaimed all threatnings, but of Gods Iudgements; all violence, but of reason. Whereas Ordinance of the Committee of Estates, Nov. 6. 1643. now if their greatest Peers doe post-pone or refuse to take this Covenant, all their goods and rents must be confiscate, and their persons made incapeable of any benefit or office in the Kingdome.

Lastly, the case in England and Scotland is not now the same; the edge of those Lawes which were formerly urged against them, is taken off by a late 2 Parl of K. Charles. Act. 29. Act of Parliament. Whereas our Lawes stand yet in full force, and no man can be assured but the King may one day recover so much strength as to put them in execution.

11. The next Assertion being equally false is equally destructive to the foundation of this Covenant; which is not (as is affirmed) according to the example of Gods People in other Nations; which Text if we expound by

Covenant with Narra. pag. 28.

M. Hendersons Comment, either of the Israelites of old, or the Protestants in Germany and the Low Countries of later times, it will but serve to set out the ignorance or impudence of the Contrivers.

It is true, the Iewes made many vid Gen. 17.7. Deut. 29.12. Iosh. 24. 23, 25. 2. Chron. 15. 8, 12. & 23. 16. & 29. 10. & 34.31,32. Nehem. 5.14. & 10. 1, 28, 29.Covenants, but none like to this. For 1. All theirs were terminated within themselves; they did not vow the Reformation, much lesse extirpation of any Common Enemy, Syrians or Babylonians, of another Nation or Religion; for which yet they might have a better colour then our Brethren of Scotland now have. 2. The object of their Covenants was not like this of o [...]rs; no pretended Priviledges or disputable Liberties in matter of State, nor any conjecturall fancies, or probable opinions in point of Religion: but either an universall obedience to the whole Law, or a more strict observance of such particular Precepts, wherein they found themselves most defective. 3. No one of their Covenants was ever sworne against the will of the Magistrate, but alwayes at the personall command and example of their Supreme, or at least subordinate Rulers, not opposed [Page] but countenanced by the Supreme. A circumstance which had it ever been omitted by them might have been thought lesse necessary, in regard the matter of their Covenant was alwayes enjoyned by God himselfe.

Next, for Germany, we must remember, that Countrey is of a much distant constitution from the Kingdome of England. Many Princes, and some Cities there, doe not acknowledge the Emperours Supremacy, as we doe our Kings; yet never made any such Covenant as this against him. The first and principall by the Protestants at 1530. & 1535. Sleidan. Com. lib. 7. & l 9. Smalcald, was not of sworne Subjects against their Soveraigne, but together with their Princes, for mutuall defence onely, not to offend any. And their last Covenant in the Pacification at 1552. Passan, after much effusion of blood, and the ruine of many Noble Families, ended in this, that no man should be troubled for his Religion, whether Romanist or Reformed.

Lastly, the highest straine that I meet with in any Covenant made by the Protestants in the Low Countries, is no more then this, Strad. hist. lib. 5. Me [...]erran. lib. 2. pag. 44. To defend themselves, and oppose the Inquisition. The never vowed to extirpate either Popery or Prelacy, though the Prelates were of a different Religion: but in some of their Idem. lib. 6. pag. 177. lib. 7. p. 194. lib. 4. p. 95. lib. 8. p. 217. 227, 228. lib. 9. p. 239. 248. Covenants bound themselves to preserve them; and plead in their Petitions for the expediency of toler [...]ting divers Religions in the same State. Nor can I but admire the confidence of that Orator, who would impose upon his Honourable and Reverend Auditors a thing so contrary to all experience, urging the example of those Countries for extirpation, whose constant and continued practice in the toleration of all Religions is almost without example.

If this be not enough to disprove the truth of this ground, their owne Writers, Covenant with a Nar. p. 12. & 19. M. Henderson, M. Nye, and M. View of the Covenant. p. 15. Mocket, shall witnesse against it, who with one mouth confesse this Covenant to be such a thing as they never read nor heard of, nor the World ever saw the like. It is not then according to the former practice of these Kingdomes, nor the example of Gods People in other Nations. Onely the Holy League in France, which M. Ward. some of our Covenanteers so much disclaime, was so fully parallell to this in all circumstances, that if I had leasure to confront them, the Reader would say, Bithus and Bacchius were not more alike.

[Page]I could with a wet finger, out of the Thuanus D' Aubigue Davila, &c. Authenticke Histories of that League, derive the whole pedigree and progresse of this, and point out thence the maine Heads and particular insinuations of such Remonstrances and Declarations as ushered this Monster into the world.

—Sed spatiis disclusus iniquis

Praetereo.—

CHAP. III. The unlawfulnesse of this Covenant in respect of the Cause Efficient; as made by Subjects against the will of their Superiour, in such things as necessarily require his consent.

HAving discovered the grounds of the Covenant to be false, we may well presume the superstruction it selfe is rotten and ruinous; as will more fully appeare upon a strict survey of all its causes and ingredients.

First, in respect of the Cause efficient, which is the parties covenanting, swearing, vowing, and inter-leaguing one with another, the unlawfulnesse of it does appeare in this, that it is made by such as are, or should be what they professe, Subjects all living under one King, not onely without any leave obtained, or so much as once desired, but contrary to the known will, and expresse command of this their lawfull King; and that in such matters whereto his consent and approbation is necessarily required; without which they could neither lawfully take it at first, nor after his dislike is made known to them, ought they to persist in it, so as to hold themselves bound by it, though the matter of it were in it selfe otherwise just and good. For without controversie the parties Covenanting, as to some parts of this Oath, are as much subject to their supreme Head, the King, as the daughter to her father, or the wife to her husband. I shall not here need to question whether the King be Minor Vniversis, it will serve the turne if he be Maior Singulis, for in this Oath every man sweares for himselfe, as a private person, not in any publique capacity. If then by the [Page] Numb. 30.Law of God, the vow of the daughter or wife was so farre in the power of the father or husband, that he might confirme or cancell it, as he pleased; and God refused to accept of it from the woman, unlesse the man, to whom she was subject, did ratifie and allow it. Vpon the same ground of subjection, though the matter vowed in this Covenant were not otherwise unlawfull, yet being such wherein the parties vowing are and ought to be subject to the King, it is in his power to irritate their Oath, to declare it void and null, and if they persist in it they sin.

2. This shewes the Covenant to be unlawfully taken, but much more unlawfully obtruded upon others as a new solemne Oath, which they have no authority to impose that do it. The same Engine by which they dismounted the late Canons, and di [...] charged that Oath, will serve to fetch off any Ordinance o [...] Lords and Commons commanding this, That a new Oath cannot be imposed without an Act of Parliament, was a Truth so undoubted by the two Houses that they insist upon it twice in one lea [...]e of the same Ex. Coll. p. 859,860. Declaration. Their Ib. p. 908, 910. petitioning his Majesty to pas [...]e an Act for establishing a new Oath, and that he would be pleased to enter into a more strict allyance with some neighbour Nations, are sufficient convictions of their want of Authority in themselves either to impose a new Oath upon the Subjects of this Kingdome, or to enter into a new League with those of another, unlesse the consent of his Majesty be first obtained.

3. I [...] any private Men, Town, City, or County, may lawfully take this Covenant of their own accord and free will [...] (which is the way to ingratiate themselves the more) then in other cases of the like kinde, they may at any time of their own accord, without any command from Superiours, enter into a League of mutuall defence with other Countries, and binde themselves by a solemne Oath to performance. And then farewell, not onely the ancient Authority of the King, but that moderne Priviledge of Parliament, which claimes, that E. C. p. 628, & 823. no County can binde it selfe without their consent.

But if all the Kingdome be therefore bound to take this new Covenant, because it comes to them as commanded by the two Houses, though there were no Law for it before, then must all our [Page] Histories be purged, all our Law-bookes taught to speake another Language, and all those Declarations revoked, wherein the Lords and Commons of this Parliament, so many E.C.p. 270, 715.times disclaimed all power of making any new Lawes without his Majesties cons [...]nt.

CHAP. IV. The matter of the Covenant examined, and proved first to be against Truth.

NExt to the Efficient, we shall survey the materiall Cause of this Oath, and allow it faire triall by the Lawes of God and the Land. If it be endited upon the Text of Ieremie 4.2. It will be found guilty in the highest degree, as destitute of all those conditions required to a lawfull Oath, Truth, Iudgement, and Righteousnesse.

For the first, though this be for the maine a Promissory Oath, to the formall Truth whereof, as such, no more is required but that the meaning of the parties swearing be truly conformable to the words of their Oath; that they truly intend to performe what they sweare: yet is not the whole frame of it meerly promissory; some assertions are interwoven, either actuall or virtuall, by way of implication: which may be justly suspected for want of Truth; and i [...] that be proved upon any one of them, all the Covenanteers are, ipso facto, guilty of perjury. I shall but point at some particulars.

I. Those words wherein they swear the Preservation of Religion in the Church of Scotland, do imply that the Religion of that Church is in all the particulars there mentioned, Doctrine, Worship, Discipline, and Government, according to the word of God. Which is justly doubtfull in some, and flatly false in others.

1. The Doctrine of that Church, so farre as it is distinct from their opinions concerning Discipline and Government, and other matters of practice, I have no purpose to quarrell. I acknowledge the ancient Articles of their publique confession for true; but if by [Page] Doctrine they understand all the modern explanations and other doctrinall positions which have issued from their Generall As [...]emblies in later times, I could bring more instances and more objections against the truth of these Doctrines, then I know how to answer. But I forbear to make the wound wider then necessity requires.

2. As touching their manner of Worship, if we should deny, they would be hard put to it, to prove those formes which they use in Marriage, Baptisme, the Lords Supper, Publique Prayer, Preaching, Catechizing, and other of Gods Ordinances to be according to his word.

3. Much lesse their Discipline and Government, by Classes and Assemblies, higher and lower, which they pretend to be iure divino and perpetuall. Some of their ablest Scholars have acknowledged their moveable temporary Deacons, not to be consonant to divine Institution. And, if we might be admitted to argue before equall judges, we should go near to prove as much against their ruling Elders, which first justled the Superintendents, and since the Bishops out of that Church. If they will submit to that rule, the Presbytery, in Scripture, must submit to Episcopacy: that at best was but a Delegacy under the Apostles, who were in right the primitive Bishops, and from whom ours challeng by undeniable succession.

II. When they swear the Reformation of Religion in England in Doctrine, as well as Discipline, according to the wo [...]d of God; they falsly imply that our Doctrine is erroneus, and not according to the word. Which though it be scandalous to us, is advantageous to the Covenanteers. The Articles of our Church most true in themselves, cannot be wire-drawne and forced to comply with their designes, and therefore no wonder if they desire to have them altered. They must therefore set the Diall by the Clock, and seeing the present Doctrine of the Kingdome condemnes their practice and opinions, they must so farre reforme it, that it shall not contradict them.

When a new Assembly of Divines must be convented, to tell the People such things are according to the word of God, which all men knew to be contrary to the Law of the Land, seeing the [Page] Royall assent could not be obteined to authorize a Convention of such Persons, and in such an uncouth illegall way as was desired, it was inavoydably necessary, that the Doctrine of our Church in the 21. Article should be reformed, which teacheth, That Councells may not be gathered together, without the commandment and will of Princes.

When they are resolved to extort those rights from their Soveraigne by force, which he is unwilling to part with upon entreaty, then 'tis fit the 35. Article be reformed, which confirmes the Homily against Rebellion, as containing Godly and wholesome Doctrine, and necessary for these times. In truth never so necessary for any times as these, the like whereof England never saw before.

When they have vowed the extirpation of Episcopall Government, Root and Branch, is it not high time to reforme the 32. Article which talks of Bishops, Priests and Deacons: much more the 36. which addes Arch-Bishops, and confirmes the book of Consecration and Ordination?

When that Doctrine must be instilled into the people, that the King is no more then the Prince of Orange, or the Duke of Venice, onely Maior singulis but minor universis, and that when his command [...] and those of one or both Houses are different, theirs must and ought to be obeyed, as with whom the suprem power doth reside; then surely a Reformation of the 37. Article is indispensably and eminently necessary, by which the Subjects have been led into that dangerous and deadly Heresie, that has cost so many thousand lives, That the Kings Maiesty hath the chiefe power in this Realm of England, unto whom the chiefe government of all (not onely particular persons, but) Estates of this Realm, whether they be Ecclesiasticall or Civill, (not in some cases onely, but) in all causes doth appertain.

Lastly, when they were to take such an Oath as this, without the consent and against the command of the Magistrate, so utterly destitute of all the conditions required to a Lawfull Oath, they could do no lesse then reforme the 39. Article, which requires those conditions. So that it cannot be denyed, but they have strong inducements to reforme the Doctrine, as well as the discipline and Government of England; and as they vow them both in one clause, so [Page] perhaps they intend them both in one sense; the Reformation of Doctrine as well as Government must be a totall Extirpation of Branch and Root; we must not have one chip left of the old block.

III. Their swearing the first Article to this end, that they may live in Faith, and that the Lord may be one amongst them, implies that before, and at the time of their entrance into this Covenan [...], they neither lived in Faith, and so were Infidels; nor was the Lord one amongst them, and so without God in the world; which I hope is not true. But if faith be here taken for obedience, (as sometimes it is) or for an assent to the truth of that Doctrine which is

Harmon, Confess.

acknowledged by the world for the Confession of Faith of the Church of England: so I grant their late and present demeanour i [...] a sufficient demonstration, they have not lived in that faith. And I confesse we have been told in effect by some of their fore-runners, that the Lord is not one where Prelacy is not extirpate.

Counter-march to M. Iames his Retreat. 1607.

That the true Church of Christ consisteth of Saints, Covenanted with God and themselves, having power to Christ and all his Ordinances; which the Assemblies of England want; being violently compel'd to submit to another Christ of the Bishops devising; and so are no true Church. For the true visible Church is but one, as the Baptisme but one, and the Lord but one, Iohn 10. 16. This was the scandalous imputation of the Brownists upon our Church, in the beginning of their separation; and it is shame and misery we should live to see it confirmed by a Solemne Oath.

IV. When they sweare in the second Article to extirpate Prelacy, and that for this end, least they be partakers in other mens sins; this implyes not onely that Episcopacy is a sin, which is an errant untruth; but that if they should not labour for the extirpation of it in such a violent manner as they doe, they should be guilty of that sinne. This conceit was the maine ground of Separation both to the ancient Donatists and our moderne Brownists; they both imagined, that if the Church be any way stained with corruption in Doctrine or Discipline, her Communion is hatefull and defiled, and that whosoever joynes with her is Ibid. & Protestation Protested. pag. 14. partaker of her sins, and so in danger of her plagues. Which is certainly false; our Saviour did not partake in the sinnes of the Iewes, yet he did communicate [Page] with them. So long as we neither command nor counsell a [...]inne to be done, nor consent to the doeing of it, nor commend it when it is done, but barely permit it (though it be naturally, yet if it be not legally in our power to hinder it) we are no way guilty of it. God himsel [...]e does permit sinne without sinne. And if any man will be a Reformer without a Commission, he must look to be checked with a Quis requisivit? Israell sinned not by staying in AEgypt, nor Lot by remaining in Sodom, till the Lord sent Moses to call them, and the Angell to fetch him out. It was their affliction, but not their fault to see those unrighteous dealings of their Neighbours, which did vex but not pollute their righteous soules. All sinne is to be avoyded, but not by all meanes; some are possible which are not lawfull. Death is a certaine cure for all distempers, but a man may not kill himselfe to avoyd intemperance; nor make away his Children in their infancy to prevent the sinnes of their age.

The President of the New Assembly with his twenty assistant Brethren have published some truthes in this Argument which might have been of singular use had they come in time, sufficient to stop that current of blood which has flowed from other principles then that which they now Preach to others but doe not practice themselves. Considerations to diswade men from further gathering of Churches. Decem. 23 [...] 1643. They tell their more zealous Brethren, who (having conspired with them to extirpate this Government, and sworne every man to goe before another in the example of a reall Reformation) begin to gather themselves into Church societies, Although it be the duty of all the Servants of Christ to keep themselves alwayes pure from corruption in Religion, and to endeavour in an orderly way the Reformation of it, yet it is an undoubted Maxime that it belongs to Christian Magistrates in an especiall manner to be authorizers of such a Reformation. If this Maxime had been as well followed as it was knowne, we had never had a Rebellion to make way for a Reformation. How can they without blushing talke of an Orderly way to others, who know their call and sitting to reforme where they doe is altogether disorderly?

But suppose the sins of Government did involve every one of our Nation in a common guilt; what is this to the Scots? Though Israell offend no necessity that Iudah should sin. They may have [Page] sin [...] enough of their owne to reckon for, though they should not sweare that those of another Kingdome shall be put upon their score: and yet they doe it, by vowing to extirpate Bishops, &c. least they be partakers in other mens sinnes.

V. That which they have undertaken to maintaine is not truly called in the sixt Article, The common Cause of Religion, Liberties, and Peace of the Kingdomes. The many Sects and different opinions among the Covenanteers, and the reiterated desires of the Scots for unity in Religion, abundantly prove that the same Religion is not common to them all. And de facto the Religion, Peace and Liberties of England and Ireland have been disturbed, when the Scots enjoyed all theirs without opposition; and may doe so still, unlesse they will thrust their fingers into the fire when they need not. The Cause of one Kingdome is not common to another though they be in subjection to the same King. Philip the second, might have done well to grant a toleration to the Protestants in the Low Countries, though he had resolved never to allow the like in Spaine. And His Majesty, by reason of his necessary absence from thence, may have granted some Liberties to Scotland, which if he should doe in England would be in

vid. 27. [...]en. 8. c. 24.

disherison to the Crowne.

VI. In the last Article, they professe and declare to the World their unfeigned desire to be humbled for their owne sinnes. Which profession the World, that sees onely their Actions, will [...]carce admit to be true. For it may well be conceived that the chiefe Heads among the Covenanteers are the same that projected the Nineteene Propositions, whence the World will conclude rather an ambitious desire in them to be exalted, then any unfeigned desire to be humbled.

Besides, it is not unknowne to the World that, among other Sects which swarme in that great City where the Covenant is so generally taken, the Antinomians for number are not contemptible, of whose Creed this is a fundamentall Article, That God sees no sinne in his elect, such as they take themselves to be; and they would think it a derogation to the satisfaction of Christ should they be guilty of an unfeigned desire to be humbled for their sinnes: if any thus opinionated have taken this Covenant, he makes the rest lyars as well as himselfe.

[Page]VII. Lastly, though it cannot be denyed, but the present distresses and dangers of these Kingdomes are the fruits of their sinnes, yet to unde [...]take (as they here doe) to determine for what sinne [...] in particular God is pleased to inflict these Iudgements upon us, is an Act of State proper for such as are of Councell to the Almighty, and should not be avowed by a solemne Oath, without a speciall warrant by Revelation. Besides, I doe not find such a Harmony betwixt this Confession of sinnes here, and that formerly published in the

Feb. 1 [...]. 1642 E.C. p. 917.

Ordinance for Humiliation. And it is not long since the Assembly informed their two Houses, that impunity was the cause of those reigning sinnes, Incest, Adultery, Fornication, Blasphemy, &c. but they forbore to tell us who were the cause of that impunity; were not they who pulled downe those Courts where such sinnes were punishable?

Amongst other provoking sinnes they make this one, that we have not laboured as we ought for the purity of the Gospell. I am affraid there is a bad designe lurks under these good words, which the Covenanters are now in labour of; probably the introducing of the long agoe pretended holy Discipline, or some like Monster already Christened before it be borne, by the name of Purity and Reformation. If so, then is it false, that the not labouring for such a Purity is any cause of our present distresse. For in all Queene Elizabeth and King Iames his Reigne and the first fifteene years of King Charles, for fourescore years together, though we wanted this pretended Purity, yet we wanted not the happinesse of a blessed Peace. Which in the Iudgement of our K. Iames his Proclamation for Uniformity. 1. Iacobi. March. 5. English Solomon is a strong evidence, that God was well pleased with that forme of Religion established by Law. Yet was he informed then, as Queene Elizabeth had been before, by the frivolous suggestions of some light Spirits, of divers errours both in Doctrine and Discipline, which stood in need of Reformation. Nor did we ever groane under the heavy hand of God, as at this day, till men of like humours upon the same grounds, have reenforced those opinions by the Sword, which their Predecessours failed to make good by Discourse.

These things if they be not all formally false, because in some sense they may be true; yet being not certainly true, they are all [Page] guilty of a virtuall falshood, because in some sense they are false: and seeing no man can know in what sense he ought to sweare them now, or shall be required upon his Oath to beleeve them hereafter, he cannot therefore sweare them in truth and Iudgement.

CHAP. V. That this Covenant, by reason of the many ambiguityes in it, especially this, Who shall be the authentique Interpreter of it, cannot be sworne in judgement.

I. EVery Oath ought to be conceived in such familiar language as may be least obnoxious to misconstruction; and though few or none can be so voyd of obscurity, but a man, disposed to quarrell with words, may easily finde himselfe matter to work upon. Yet in other Oathes, all doubts of this nature may be quickly removed: for when a Vow or an Oath is taken by any man of his owne accord, he knowes in what sense he meant it at the time of emission, and in that he is bound to make it good.

But when an Oath is imposed by the authority of another, the taker is bound in that sense which the impo [...]er meant it, so as it be not repugnant to the ordinary signification of the words, and such as may rationally be presumed to be intended by that authority.

But if any man shall conceive the words of an Oath to be meant by the imposer in such a sense as he would not willingly swear, but can frame to himselfe a different construction of them, according to which onely he will take the Oath and resolves to be bound by it: this will no more excuse him from perjury, then if he should make all the Vowes, and take all the Oathes in the world, with an actuall intention not to be bound by any of them; which is utterly contrary to the nature of all of them.

II. Vpon these premises, I infer that the present Covenant cannot be sworne in judgement; not so much because it is clogged with many doubtfull clauses, which may be common to it with other Oathes, as because it is infested [Page] with this one fundamentall doubt proper to it selfe, Who sh [...]ll be the authentique Expositor of it.

It should seem here in England, by their way of proposall at first, not commanding it by Ordinance [...] but recommending it by their owne Example, and Orders of Commons Sep. 25.1643. requiring the ministers to explain it to the people, that the Members at Westminster desired it should be a free Vow, and then every Covenanter must be his owne Interpreter, not withstanding the many inconveniences that must ensue upon it. For every man abounding in his owne sense, instead of swearing union, they shall sweare division; and by their Vow to preserve all such as take the Covenant in the same words, they shall be obliged to destroy all such as take it in a contrary sense to themselves.

But if this be an Oath imposed by the Authority of the remaining Members at Westminster for England, the Convention of Estates for Scotland, and I know not who for Ireland, the clearing of all doubts must in equity depend upon the Imposers intentions. This ministers occasion to many other doubts: as first, whether the States in Scotland and ours of England did not at first intend some materiall clauses in severall senses, and whether hereafter their expositions may not interferre, and neither being superiour to other, what must be done? Secondly, whether all the Members of both or either House in England, nay, whether the greater part of them, did upon the taking of the Covenant, concur in the same sense; if not, it cannot be any way obligatory as according to the sense of the Houses. Thirdly, if there were a full agreement of the major part present in the same sense at the first taking, yet hereafter, when they shall come to expounding, the major part then may declare themselves in an other sense then was first intended; for either some other Members may come in by that time, and concurring with the now minor, make a maior part; or some of the present maior part may dye, or be removed, or be absent, or alter their opinions, and so vary the sense of the Houses, especially in that great businesse of Reformation in Doctrine and Government, con [...]erning which, neither the two Houses nor their assistant Divines [...] as themselves Consid. of the Assembly. Dec. 3. 1643. confesse, are yet agreed. Fourthly, if it shall hereafter appeare that the major part at the time of their taking and [Page] imposing this Oath did understand it in one sense, and the major part at the time of declaring shall expound it in another, it must be doubted in whether sense it shall be obligatory. And lastly, if the greater part of Lords shall declare it in one sense, and the greater part of the Commons in another, whose Declaration must carry it. Vpon the resolution of these doubts it will appeare, that many well meaning Covenan [...]eers, whiles they laboured for such a Reformation as themselves conceived to be according to Gods Word, were zealously perjured, by not endeavouring it in that sense which the Houses will declare was onely intended.

III. This maine doubt being premi [...]ed, which has an influence upon all the rest, I shall onely mention such others as I am perswaded the chiefe Covenanteers themselves are not agreed upon. Where first I conceive in the top branch of this Covenant, it is not onely doubtfull wherein the Doctrine and Discipline of Scotland consists, which are here sworne to be preserved, but how farre the preservation of them is intended; and who are meant by common Enemies. Since the ancient Confession of that Church has been so much improved by moderne explanations, and all these confirmed by a Nationall Oath; since their Discipline is such a mystery that many of themselves are not fully agreed upon it; since their first and second Book of Discipline contain severall platformes, and the Contents of those foure Volumes of the Acts of Generall Assemblies ratified at Glasgow, are not yet published, it is a hard case that any man should be forced to sweare to preserve what no body knowes.

IV. Next, I cannot tell where to [...]ix that Character of common Enemies, which Master Hend [...]rson obscurely paraphraseth Syrians and Babylonians; Covenant with Nar. p. 17. and Master Nye more expresse, but not more satisfactory, tells us that Popery and Prelacy are the chiefe. For considering Church government in England and Ireland is by Episcopacy, and that of Scotland by the Presbytery, this Covenant being supposed to be taken by all the three Kingdomes, it followes that neither Papists nor Prelates are enemies to both Governments, who stifly maintain the one to be of Divine or Apostolicall Institution; but the Separatists are common Enemies, who hold a distinct Forme of Pastorall and Independent Government to be [Page] [...]niversally enjoyned by the Word of God, and both Episcopacy and Presbytery to be humane inventions and Antichristian.

V. I am sorry I should be forced to question what is meant in the next Clause by the Doctrine, Worship, Discipline, and Government of England. Whether that which has been constantly avowed by this Church, and accepted for such by other Nations. Or if that Government be already abolished by the Votes of both Houses; if the life and soule of that Discipline be taken from it by new Expositions made upon the late Act for taking away the High Commission; if that Forme of Publique Worship, the Book of Common Prayer be suspended by an Order, if the ancient Doctrin [...] be already altered in part or in whole by the extemporary Declarations of an upstart Assembly; if these Declarations, that Order, those Expositions, those Votes be indeed binding to this whole Kingdome (as the Covenanteers pretend they are) it will be impossible for them or any man to affirme what is now the Doctrine, Worship, Government, and Discipline of the Kingdome of England; there being no Generall Forme left in which the Kingdome is any way required, or supposed to agree, and the particular Formes may be as many and different as the persons and opinions of the Reformers.

VI. Those words following, [According to the Word of God] are in themselves very materiall, and the misapplication of them is a matter of great consequence. I doubt whether they ought to be restrained to the Clause immediately foregoing, touching Reformation of Religion in England and Ireland; or, [...], they must be extended to the preservation of Religion in Scotland too, and so every Covenanteer be bound to maintain that the Scotch Discipline & Church Government is according to the Word of God. I am confident the Scots themselves do now intend them, and will hereafter expound them in this sense; and I raise that confidence upon these reasons. First, because the Generall S. Andr. Aug. 3. 164 [...]. E. C. p. 598. Assembly that Church, with the assent and concurrence of the Edenb. Aug. 18 1642. E. C. p. 599. Lords of Secret Councell in that Kingdome, have declared to our two Houses, that their Kirke-Goverment by Assemblies, higher and lower, is jure divino, and perpetuall. Secondly, because in that forme of this Covenant which came from Scotland, the [Page] words ran thus, Preservation of Religion in the Church of Scotland, in Doctrine, Worship, Discipline, and Government according to the Word of God. Now upon the other part there is equall reason to believe, that not onely many particular English Covenanteers, as possessed with an opinion of another Government, but that our Lords and Commons at Westminster do not in this point concurre with the sense of the Scots. For first, they Ex. Coll. p. 602, 603. declare (in answer to that Declaration of Scotland) that one Forme of Church Government will hardly be obtained in all his Majesties Dominions, unlesse some way might be found for a mutuall debate in framing that one Forme. Whence it must be collected that the Forme they aime at is not yet framed, and therefore not that which the Scots practise. Secondly, their reforming that draught of the Covenant agreed upon in Scotland, and reducing that Clause, [According to the Word of God] to a more proper place, and swearing in their new project of Reformation, to have an eye not onely to Gods Word, but to the example of other Reformed Churches, without any expression of, or restriction to that of Scotland, do perswade with me, that ou [...] English Covenanteers do not conceive the Scotish Discipline and Kirk-Government to be according to the Word of God.

VII. Their Vow to extirpate whatsoever shall be found contrary to sound Doctrine and the power of godlinesse, points at some new discovery not yet made; I would be resolved who are designed for that inquisition; how farre their Commission shall extend, and by what rules they must pronounce, what Doctrines are sound, what rotten, what they must take to be contrary to the power of godlinesse, what not. If Bishops be upon the file, either because some have too much enlarged the Philacteries of their Authority, or have been otherwise personally faulty; or, because Superiority and distinction of degrees amongst the Clergy are discovered already to be contrary to found Doctrine and the power of godlinesse: The same grand Enquest of Middlesex which found the Bill against Episcopacy may impannell hereafter, and upon the same evidence finde against Magistracy. The same Arguments which set the Rooters on worke, will finde them more employment when this is done; when their [Page] hands are once in, they may proceed for a through Reformation to extirpate all Civill superiority all distinction of Lords and Gentlemen. They who put these reasons into the mouthes, and that power into the hands of so many knowne Anabaptists, may be too weake to wrest it from them when their owne turne is served.

VIII. In the third Article, I bulke the Priviledges of Parliament, so mysterious and intricat as no man dare undertake to state them truely, and onely take notice of that passage, where they swear to preserve and defend the Kings Person and authority, in the preservation and defence of the true Religion, and Liberties of the Kingdomes. If his Authority were as well knowne as his Person, yet might it well be doubted, how farre these words intend the preservation of one or other. Analysis of the Covenant.Mr Ward (in behalfe of the Covenanteers) gives two expo [...]itions of them for surenesse; either that we sweare to defend his Person and Authority, so long as he defends our Religion and Liberties. (Which is not so much as they sweare to doe for any ordinary person that takes this Covenant. For they vow in the sixt Article, absolutely, to defend all those; but here they undertake no more then barely to endeavour to defend the King.) Or Secondly, that in defending Rel [...]gion and Liberties we do defend His Maiesties Person, and Authority; yet may it so fall out, that what they doe, or intend for his defence may truely tend to his destruction. And this we must confesse is not common to His Majesty with the rest of His people; who (as it seemes) has these two Prerogatives left yet unquestioned, that as the Kings Commands, and none but His, may be disobeyed by the Kings Authority, so his sacred Person, and onely His, may be destroyed in His owne defence.

IX. It is further to be observed in the frame of this Oath, that contrary to the method of the generall Protestation, the Priviledges of Parliament (what ever they be) have got precedency of His Majesties Person; which alteration surely was not without cause. It is therefore a doubt very necessary to be resolved, when the certaine safety of the Kings person comes in competition with any of their reall or pretended Priviledges, which is to be preferred? Whether by this Oath they are not bound in such a case rather to suffer his person to perish, or actually to destroy him, then violate any such Priviledge, or leave it unpreserved.

[Page]X. I likewise doubt what manner o [...] liberties those are which the Covenanters ayme at, seeing they have never yet claimed any, as due by law, which were denied them. I meet with a new word much in request of late in some Scottish papers, The States; and though it hath been naturalized by Act of Parliament in England, I am not yet willing to understand it.

When our men would caresse the united Provinces, they apply the word to this Kingdome; and tell those High and mighty Lords, when they complain of that assistance which His Majesty received from thence, Ex: Coll [...]p. 636. We cannot beleive it was done by any direction from their Lordships. Neither can we think that they will be forward in helping to make us Slaves, who have been usefull and assistant in making them Freemen. Whence we may well be jealous [...]at by Liberties of the Kingdomes they intend no lesse then those of the Low Countries; and till they can attaine to be such Free-States, in their owne opinion they are no better then Slaves.

XI. When they make it a part of their Oath to bring all Malignants to such punishment as the supream Iudicatories of both Kingdomes respectively shall iudge convenient, it should seem they have lost a Kingdome already, for [...] they begun with three Kingdomes, and now here are but two left. I will suppose England to be one; and here it will be a grand doubt to determine which is the supream Iudicatory. Vid. 1. Hen. 4. cap. 14. & 4. Hen. 4. c. 23. Whether in some case [...] the Kings Ordinary Courts of Iustice be not supreme. Whether the House of Commons be a Iudicatory at all. 14. Ed. 3. c. 5. Whether the House of Lords be in all cases. Whether, if they differ in their judgement, eit [...]er of them be supreme, (and which that is) or both, or neither. Whether, if they should both concur, in matters of universall concernment to the whole kingdome, without or against the King, they ought to be reputed Supreme. Whether if His Majesty should concur with them, in things concerning Reformation of Religion, (the maine businesse of this Covenant) the joynt assent of the 24. Hen. 8. [...]. 12. 1. Eliz. c. 1. 24. Hen. 8. c. 19. Clergy be not regularly required by the Lawes of this Kingdome. If this one question about the supreme Iudicatory were rightly stated, perhaps all other doubts would not be tanti. But this still depending, we are left to uncertaine resolutions for all the rest.

XII. In the close of the Covenant it is very uncertaine who [Page] they meane by those other Churches groaning under the yoake of Antichristian tyranny. Surely none more than those of the Romish Religion, who acknowledge the Popes Supremacy. Yet Master Covenant with Nar. p. 32. Henderson applies it rather to other Reformed Churches, which (as he sayes) when they shall heare of this blessed Conjunction, it will be no other than the beginning of a Iubile and ioyfull deliverance unto them from the Antichristian yoake of tyranny. Who those Reformed Churches are, I professe I do not yet understand, unlesse that Civill Dominion which their naturall Princes of the Popish Religion exercise over them, be reputed by the Covenanteers a yoake of Antichristian tyranny.

CHAP. VI. That the performance of sundry Clauses in this Covenant, cannot be without grand inconvenience, or injustice.

RIght reason will dictate that we ought not to make such a promise as cannot be performed without manifest inconvenience; and Religion will adde, that it were a sin in such cases to binde our selves by a solemne Oath. Many things in this Covenant though they be not simply impossible, nor absolutely unjust [...] in toto genere, yet in many cases they may prove to be so, and therefore cannot be sworne in righteousnesse and judgement. If I make good this charge against it, then must it be acknowledged a rash, indiscreet, and therefore a sinfull Vow.

I. If a quite different Forme of Church-government from that of Scotland be approved by the Word, or at least conceived to be so, then all such as are so conceited (as amongst the Covenanteers not a few) cannot with a safe conscience sweare to preserve that Government in any Church, which they are perswaded is not according, but contrary to the Word of God.

Again, the Discipline and manner of Worship used in Scotland, are not onely alterable in themselves, but confessed to be so by the Con [...]. Scot. Artic. 20. Doctrine of that Church: therefore it is unlawfull to sweare to preserve them by a solemne Oath, which might be majoris boni [Page]impeditivum. This inference will be no newes to the House of Commons; it was urged with much vehemence, and heard with approbation against the late Oath enjoyned by the Canons. First argument against the Canons, p. 17. My Authour concludes by a dilemma, that whosoever takes such an Oath, inavoidably falls upon a rocke of perjury; either for saving his Oath he must deny obedience to the King, or by obeying the King he must breake his Oath.

Master Nathaniel Fiennes a better Oratour than Souldier, upon the same Argument discourseth thus, Second Speech, p. 13. It is against the Law and light of Nature that a man should sweare never to consent to alter (that is not so much as the Covenan [...]eers here [...]weare constantly to endeavour to preserve) a thing which in its own nature is alterable, and may prove inconvenient, and fit to be altered. And in case the Scots should thinke fit, upon any occasion to alter some parts of their Discipline, or Ceremonies in their Worship, whether must our English and Irish Covenanteers endeavour to resist any such alteration, or sit still and let them take their course, holding the Scotish per [...]ury sufficient excuse their own?

II. When they sweare to cut out their intended platforme of Reformation by a double patterne, first of Gods Word, and then of the best Reformed Churches, the latter might have been well spared, it was added without any necessity, but not without much inconvenience. For suppose there were two best Reformed (as certainly lesse than two cannot pretend to the name of Churches) which must they conforme to? Of if there be but one best, how shall they know which it is?

If Discipline hold the same course with Doctrine, and must be prescribed by Gods Word, more than one Forme cannot be admitted. There may be many errours, but one Truth; many bywayes, but one right. But if in Discipline and Worship for certain, and perhaps in some things concerning Government too, the Scripture have not so fully and evidently defined, but some doubts are left which require a further determination. Who shall be Iudges in this case? Must we sit upon all other Churches, and pronounce against them, uncalled, unheard? Or, seeing it is a point wherein they are all equally concerned, shall they be equally admitted to Vote with us? And when they are all met, at least [Page] by their Delegates, shall it be referred to most voyces to determine, which Church is best Reformed? Then what if some two or three, nay, what if all have equall voyces, each Delegacy voting for their own Church, as it is most likely they will, who shall have the casting Voyce? We are now where we begun, unlesse haply the Irish Church will sit down to English, and so we may carry it by a double Vote. Or rather shall that Church be taken for the best reformed upon whom the most second Voyces do concurre, the first being commonly the childe of affection, but the second the off-spring of judgement? So, not improbable but our Church might carry it again, for I could produce t [...]e testimonies of many Authours of best note in other Reformed Churches, very liberall in their commendation both of the Doctrine and Government of the Church of England.

Or if it were a thing easily to be agreed upon which, Church is the best reformed, it might not be fit to sweare Conformity to that example: the best that is, is not the best that may be. The best existent may have some errours as well as faults, and therefore no absolute patterne for Reformation. What is best to another Church, may not be best for us. What is best for our time and place, is not so for another. No necessity then to reforme according to the best example, if it were agreed upon. And till it be so, it had been best for us, these troubles excepted, to stay where we were.

I conceive the reason of this addition (wherein they go lesse, having before sworne to reforme according to Gods Word, afterwards sweare to do it according to the example of other Churches) to have proceeded from the Scots, who having no better plea from Gods Word than others, will yet challenge our Covenanteers upon this Clause to declare them the best reformed Church, or otherwise why did they abjure their own, and sweare to preserve the Scotish Church Government? which though it be none of the best, yet our men have thus farre followed the Scotish Example, not of any other Reformed Church. Some want Bishops, because they cannot tell how to have them, their Princes being of a different Religion, wil allow none but of their own. Some enjoy the Thing under another name of Superintendents. [Page] Some are willingly without them, because settled in such a Government as they finde most suitable with a popular State, and dare not venter upon a change. But I have not heard of any Church, the Scotish excepted, which ever cast out her Bishops by violence, if they were of the same Religion, and vowed to root them out by the sword, contrary to the Law and command of the Supreme Magistrate. If Scotland be not in this an Example to our men (as some of their Apologetiques profe [...]se they are not) then I am confident, this course of Reformation is without Example in the sight of men, I wish it be not without excuse in the eye [...] of God.

III. In the next Clause I doubt the Scots have put another slurre upon the rest of our Covenanteers, who having got them first to sweare the preservation of the Doctrine, Worship, Discipline, and Government in the Church of Scotland, have induced them since to vow their endeavours to bring the Churches of God in the three Kingdomes to the nearest coniunction and uniformity in all these particulars. For there being no meanes imaginable by which this nearest Coniu [...]ction may be obtained, but either by a mutuall condescension of all the three Churches, or an absolute submission of some two to the third: all hopes of condescending in Scotland, by the former part of the Oath, being taken away, it remaines that the other two must totally sit down and submit to the Scots. Onely endeavour fully to informe themselves what the Doctrine, Worship, Discipline, and Government of the Scotish Kirke is, and then they have no more to do, but conforme to it.

Againe, though a tolerable uniformity in all the three Kingdomes were much to be wished, and by all lawfull meanes to be endeavoured; yet the very nearest coniunction is not fit to be sworne. That excludes all variety, not onely in Confession of Faith, and Forme of Ecclesiasticall Government, but in rites of Worship, and rules of Catechizing; for if any difference be admitted, the conjunction is not simply nearest.

Nor perhaps is such an absolute uniformity morally possible. All men will never be of one minde: and the [...]efore a mutuall toleration in some things may conduce more to the preservation of [...]he Church than a violent Conformity. The Apostles times had [Page] their differences; and so long as we hold to one immoveable, irreformable Rule of faith (as Tertullian calls that short Creed) Cat [...] ra iam disciplin [...] & conversationis, admittunt novitatem correctionis. And if the nearest coniunction be not possible, sure it is not nece [...]sary, i [...] it were so, the Scripture, which is not deficient in necessaries, would not onely have proposed fitting directories, but prescribed set formes unto us, and limited the times, places, and manner of worship. Which our Saviour has not done, being willing (as it seemes) to leave every Church at Liberty to consult with her owne occasions or necessities, and accordingly to constitute as she should finde in Christian prudence to be most convenient for the exegency of the times, disposition of the place, and temper of the People. The use of which liberty, we have both practised our selves, and allowed in other Churches.

It must here be remembred that this very thing which is now sworne, to bring all the Kingdomes to an uniformity, is nothing else for substance then what was intended by King Iames, and attempted by King Charles; and that upon better grounds then now it is: they having both more authority to enjoyne it, then the present Covenanteers can justly challenge; and presuming to meet with lesse opposition, then these have found. For, whatsoever have been declared since, the businesse which these two Princes went about, (to settle Episcopacy, and a Common forme of Worship and Discipline in Scotland conformable to those in England and Ireland,) was not at first affirmed by any to be so destructive to the Lawes and Liberties of that Kingdome, as the now intended alteration is knowne to be against the Lawes of England and Ireland.

IV. If the Rights and Priviledges of Parliament were once truely stated, which are here sworne to be defended with lives and Estates, we must be able to make a clearer judgement of the Lawfulnesse of this Oath, as to that Particular. Bu [...] this being a taske which we neither dare undertake, nor can go through with, it will be sufficient, and perhaps not impertinent, if we wave the two other Kingdomes, and take a short view of some few particular Priviledges pretended to be due to the Parliament of England, and see whether they be such as the Subjects ought to sweare the preservation of them, before that of His Majesties Person, and the publique Liberties.

[Page]1. As a Councell they E.C.P. 655.challenge the Priviledge to be advised with in all the great affaires of Church and State: whereas their Writ calls them onely to consult De quibusdam arduis. And His Majesty is accused for breach of Priviledge, because he did not aske their advice in some such things. Yet sometimes Ib. p. 114. 158.164. 272.716.he desired it so much, till his importunity was voted a breach of Priviledge. Here he is in a hard strait, like that in the Oracle, Si fecero peribo; si non-fecero, vapulabo. Not desire advice, and break Priviledge; desire it, and breake Priviledge too.

2. A vote is passed in Ianuary 1642. E.C.P. 35. tha [...] to arrest or detaine any Member of the Commons House, without first acquainting tha [...] House, and receiving Order from thence, is such a Breach of Priviledge as must be vindicated with life and fortunes. And yet a Ib. p. 724. Declaration is issued in November following, that in those very cases which were formerly in controversie, any Member may be arrested by the ordinary Ministers of Iustice, and detained in sa [...]e custody, till he may be brought to the Parliament. It will conc [...]rne the Serjeants to be informed in what moneths this Priviledge i [...] in season, and when it goes out.

3. Another Ib p. 278. Declaration speakes in this manner, Though the Priviledges of Parliament doe not extend to Treason, Felony, and breach of the Peace, so as to exempt the Members of Parliament from punishment nor from all manner of processe and tryall, as it doth in other cases. From these last words we must inferre, that in case of Incest, Adultery, Fornication, Idolatry, Sacriledge, Blasphemy, Schisme, Heresie, Popery, Perjury, or what you will besides the three excepted particulars, the Members of Parliament may sinne Cum Privilegio, they are exempted from all manner of processe and tryall.

4. I do not know the mysteries of some Priviledges, why they are ambitious to entertaine Treaties with forraigne States, but when his Majesty desires the like, it should be answered, Ib. p. 580. We cannot doe it by the fundamentall Priviledge of Parliament. Why the People may take notice of their proceedings, but His Majesty may not without Ib. p. 81,94. 684. a high breach of Priviledge, minde them of him who said He was not worthy to be King. Why the meanest Subjects should be admitted to give in their reasons against established [Page] Lawes and desires of alteration; and the King be Ib. p. 565, 566. accused for breach of Priviledge, for desiring them to retract a privat Order, as contrary to an expresse Act of Parliament. Why in Sir Iohn Hothams case all Ib. p. 156. interception of letters to the Parliament should be such a high breach of Priviledge; and now his Majesty cannot send a letter but shall be intercepted, nor a Messenger to them but shall be imprisoned, if not executed by their Commands.

5. It is a new peece of Law, which our predecessors were ignorant of, that all Acts and agreements made by any private Companies or Corporations, by any Parish or County, nay by any particular person [...], are of no further force in Law then they are confirmed by Parliament: and that to make any such till the two Houses be first accquainted, and their consent obtained, E.C.P. 628. 823. is an entrenching upon that Peculiar Priviledge of Parliament, To binde all or any part of the Kingdome. This was the ground upon which they cancelled those agreements made by the Lord Farefax in Yorkshire, and the like by their adherents in Cheshire; and declared that they who made them were not bound by them.

6. The number of Priviledges in this kinde may be infinite [...] yet we shall be able to set bounds to the measure of them by their owne Declarations. Where first the Kings comming to the House of Commons is Ib. p. 493. affirmed to be the greatest violation of Priviledge that ever was attempted. Secondly, His wishing he had no cause to absent himselfe from White-Hall is Ib. p. 100.taken as the greatest breach of Priviledge of Parliament that can be offered. And therefore the former must needs be lesse: and if there can be none greater, what shall we think of those many lesser, which have made a greater noy [...]e? Let the Reader say, if he make any Conscience of his life, or have any care of his Estate, or beare any Allegiance to hi [...] Majesties Person, or any reverence to His Authority, or have any considerable portion in the publique liberty, whether he can willingly, according to the tenour of this Covenan [...], sacrifice his life and liberty, his Soule and Estate to the preservation of all and every of these Priviledges, and perhaps thousands more which are not yet declared, so as to preferre the least of them before the preservation of the common Liberty, His Majesties Person and Authority. [Page] For so it is declared, Ib. p. 338. that the Kings Authority and Person can be no way maintained, bu [...] by upholding the power and priviledges of Parliament.

V. That passage where they sweare the discovery of all such as have been or shall be Malignants, &c. carries with it a probable injustice and certaine inconvenience. For it engageth every Covenanteer not onely to be a common delator and accuser of his Brethren, but even of himselfe too, if he ever were or shall be any way guilty. The old Oath Ex officio, so long cryed out upon as unnaturall and injust that it was thought fit to be abolished by an For taking away the high Commssion.Act made this Parliament, was not halfe so bad as this new Oath is. For by this a man sweares to discover himselfe, though there be no common fame against him, never any suspition of him, though no Iudge ever question him, no other person accuse him, though he be now reformed and have altered his resolution, yet if he was ever peccant, he is bound by this Oath to discover himselfe, that he may come to his tryall, and so receive condign [...] punishment.

VI. That last clause to bring all to publique triall, that they may receive condigne punishment, carries fire in the taile of it, sufficient to consume the better halfe of the Kingdome. It is but a small matter to tell their Souldiers, that if they deny Quarter to any Malignants in his Majesties Army, they are guilty of perjury by anticipating that tryall, which by this Oath they shall be brought to. I shall rather apply my selfe to the Lords and Commons at Westminster, who have already passed sentence, Ex: Co [...]l: p. 260. & 57 [...], & 509. That all such persons, as upon any pretence whatsoever, assist his Majesty in this Warre, with Horse, Armes, Plate, or mony, are Traitors, unparalleld Traitors; and ought to suffer as Traitors, and their punishment is here Vowed, as it was before threatened to be, speedy and exemplary. How the King of Denmarke, or the Prince of Orange will escape does lesse Trouble me; then to see the sworne cruelty of these Covenanters, who have vowed the hanging of the greater part of this Kingdome, and without any hope of mercy or pardon. If it were to be doubted which party were guilty of Treason, those whom the King hath proclaime [...], or whom these Votes have declared, yet this is out of question, that many who sometimes assisted the [Page] one, are now turned to the other side; many yet perhaps assist that party with money, to which they are lesse cordially inclined; if all these, as they are declared Traitors for so doing Ib. 576. upon whatsoever pretence they did it, must suffer the condigne punishment of Traitors, the Covenanteers will have as little comfort in the payment of this Vow, as Iephta had in his. If the City be not startled at this consequence, yet for pities sake to their poore friends in the Countrey, who have payed Contributions to His Majesties Army, let them put on some bowels of compassion; let not judgement so farre triumph over mercy, as to vow nothing but punishment, no pardon. Why should they devote that little blood to the axe or the halter, which the sword shall spare in this gasping Kingdome? We have not forgotten him that told us (what we now finde) they were not in a right way that made choice of such a Rubricke to their Reformation. And those who Sit, and Vote, and vow to punish according to those Votes, may remember, if we be Traitours it is not long since they were so; and it is not certain what they may be.

VII. When each man has sworne to go before another in the example of a reall Reformation, he is bound upon his Oath not to expect till a generall Reformation be publiquely debated and agreed upon, not to forbeare till he see whether the right rule will be commended to him in an orderly way, he must not stay for the command of Authority, or company of his neighbours; but where he conceives the Doctrine to be erroneous, the Worship superstitious, or otherwise faulty, the Discipline and Government not so exactly according to the Word, he must presently fall aboard with his Reformation worke, publiquely professe what his opinion is, and apply himselfe to the practice of that which he is perswaded in his own conscience is right; and must endeavour to set up that Idoll in the Church which he has already erected in his own imagination, and labour to extirpate all that oppose it, and refuse to bow down to it; that so he may go before others in the example of a reall Reformation. And surely those Brethren in London, who begin to joyne themselves into Church Societies, are thus farre to be commended. What though it be (as the Considerations, &c. Decem. 23 [...] 1643. Assembly tell them) unfit, uncomfortable, unseasonable, yet being by [Page]them iudged lawfull, now after they have sworne, it becomes necessary. And I wonder why the Presbyterians should not be as zealous in fetting up their Government, and endeavouring to goe before others in an exemplary way. I wish they would begin their Reformation in London with extirpation of Schisme, which it will be no hard matter to finde, and by that time it shall be extirpate out of the City, Religion and Peace may once again revisit the Countrey.

CHAP. VII. That many things vowed in this Covenant are not possible to be fulfilled.

TO make good this charge, which is a further [...]vidence of injustice in the Covenant, as involving the takers in down-right perjury, we shall propose such particulars as are either morally or absolutely impossible to be performed.

I. That constancy of endeavour and zealous continuance which they sweare to use all the dayes of their lives in the observance of most Articles, is more than they can assure; the work of Reformation may be longer, and their other avocations greater than they imagine; and in the interim of their hopes, their endeavours may flagge, and their zeale remit. Besides the particulars of their Vow are so many, and of so different natures, as must needs distract their thought [...] and employments, which being fixed upon some, must divert their endeavours from the rest. And if they shall in truth all the dayes of their lives endeavour to extirpate the Government of the Church, they will never live to effect it.

II. The mutuall preservation of the Rights and Priviledges of the Parliaments in all three Kingdomes cannot alwayes be possible. To evidence this Truth, I shall suppose what the Covenanteers will easily grant: First, that the word Parliament is here secondarily, if not principally, intended for the two Houses in the respective Kingdomes, exclusively to the King. Secondly, that the Parliament of Scotland (if not that of Ireland) hath as [Page] much right and priviledge to all intents and purposes concerning that Kingdome, as our Parliament has in relation to England. Thirdly, that whatsoever Rights and Priviledges have been challenged by our Lords and Commons of this Parliament, are truly due unto them, and the King bound to admit of them. These suppositions being granted, it cannot be denied but the severall Parliaments (all challenging as great Councels to his Majesty, whose advice he must follow) may advise many things repugnant in themselves, and both or all impossible to be hearkened to. The nineteen Propositions of the English, and the Scots Demands in the Act of Pacification will save us the labour of enquiring into former times, or straining invention for possible cases.

1. The English advise and require that no Marriage of the Kings Children be treated of without their notice, nor concluded without their consent. The Scots and Irish having equall interest, especially in the Princes Person, may require equall priviledge. But their publique nationall interests, and affections to other States, being different, their advice and resolution will be so too. The Irish may advise and resolve upon a Match with Spaine, the Scots with France, the English with some other distinct Family [...]

Againe, the Scots demand that the Prince may reside with them at some time; the English may require his continuall residence at all times, at least they may both exact it at the same time. So when E.C. p. 93. these would have him at St. Iames, those would have him at St. Andrews. Such like for the King himselfe, much about the same time when the 2. Parliament of King Charles. Act. 27. Scots exact his residence with them; the E. C. pag. 148. Councell of Ireland desire his presence amongst them, the & 143. English protest, if he leave them, they will no longer submit to him, so as to be directed by any Commissioner. This impossibility will be more considered, if we restraine it onely to the time of Parliaments; at the same time 1640. there were three Parliaments sitting in the three Kingdomes; if they have equall Priviledges, all equally require the Kings Presence; what shall he do, when he is told his absence from Parliament is a breach of Priviledge, M. Prina [...] Soveraigne power of Parliam. part. 4 [...] against Law, against ancient Custome, against his Oath? Is it possible for him to be in three Kingdomes at the same time? [Page] Grant him his just Power, and he may without inconvenience rule all; but if the Supreme Power be in them, he will have a hard taske to serve so many masters.

Secondly, if all the Parliaments be considereed as Courts, [...]nd allowed for Supreme Iudicatories in the severall Kingdomes, may not one of them declare Law against another? Surely yes, we have a fresh precedent for it. The Scots were declared Traitors by the Parliament of Ireland, 1638. They were declared loyall Subjects by the

2. Parliament of King Charles. Act. 38.

Parliament of Scotland, 1640. And their Actions were condemned to oblivion by the Parliament of England.

3. Lastly, if each Parliament be considered as the Representative Body of the respe [...]tive Kingdomes, with a power to enact, order, or ordain, whatsoever they shall hold fitting, or of publique necessity, and the King be bound by his Oath to passe all the Bills which shall be pesented under that notion, as they have formerly before the union of the Kingdoms made many

vid. 4. Iacobi. cap. 1.

contra [...]iant Laws, so will they do again; for the interests of the Kingdomes being severall in themselves, none having any mutuall dependance or superiority above another, the titular union in the same King will be found in effectuall to reconcile their differences, if he be not Supreme in the old received sense, but onely in the new-coyn'd notion of coordinate (as some) or subordinate Supremacy, as others wittily have expounded. In any such case of difference, whether in matter of State or of Law, a mutuall preservation of the Priviledges of all the Parliaments will be utterly impossible both for King and Subject; to preserve one, is to destroy two.

III. Every Covenanteer undertakes more than he is able to performe, when he sweares, not barely to endeavour, (as in other Articles) but actually to assist and defend all those that enter into this League, and actually to reveale and make known all lets and impediments against it. Though they have a will to do it, yet they may want meanes to effect it. If they do not send assistance to any Covenanteer when it is demanded, or what they do send be not sufficient to defend him, they faile in their Oath; and were to blame they did not use the word endeavour here, which is so carefully inserted in other places.

[Page]IV. Nor can the most confiding of them be assured that he shall not suffer himselfe directly or indirectly, by whatsoever combination, perswasion, or terrour, to be divided from this union. As it is not in any mans power to hinder other men from using what Arguments they can to perswade him, so neither can he totally hinder those Arguments from leaving any impression in his soule. Besides, daily experience of many flitting from that cause to which they were sometimes as zealously addicted as any (witnesse Sir Iohn Hotham and others) there is reason why it should be so, in spite of any resolution to the contrary. Though ambition, avarice, passion, or prejudice, make men very willing to have that passe for true and good which they affect, and [...]o first stagger their judgement, which at last fixes in a resolution not to examine any grounds of the contrary part which they hate: Yet the variety of successe may so much alter the face of things, the inconstancy of humane nature may so farre comply, the light and evidence of the object may be such as will dispell all those mists of the understanding, and prevaile against any obstinacy of opinion. But if they meane by this Oath such a resolution, Non persuadebo, etiam [...]i persuaser [...], that against the light of their own consciences, they will still persevere in the same courses, though they be never so much convicted of their unlawfulnesse; they do but adde Heresie to Perjury. For a pertinacious maintaining of an opinion after a man is convicted that it is erroneous, I take to be the very formality of Heresie, and that which I suppose the Covenanteers have sworne to extirpate.

V. It will not be denied, but if one part of the Covenant, either in terminis, or by implication, contradict another, then it will be impossible to performe both. And I pray what are these but contradictions? 1. That all the Covenanteers in the three Kingdomes should professe to be of one Reformed Religion, and then sweare to preserve it in one Kingdome, but to reforme it in two. 2. To preserve the Kings Person, without respect of Persons. This they vow in the second Article, and that in the third. 3. If the Parliament [...] be [...] as they conceive, the supreme Iudicatories in the respective Kingdomes, with what congruity doe they sweare to preserve the Rights and Priviledges of the Parliaments [Page] in all three Kingdomes, and then that all Delinquents shall be punished by the Supreme Iudicatories (of both. i.e.) onely of two Kingdomes? No marvell if some parts be liable to contradiction, when the whole Covenant is ushered in with a grosse absurdity, which has influence upon every sentence in it. When each one for himselfe professeth, We sweare, &c. Indeed why should one man sweare for all the rest? But what is this to salve the Soloecisme? How shall he be said to sweare onely for himselfe, whose every word in his Oath includes all others, as much as himselfe? These things being not certainly possible ought not to be sworne. It is all one as if they should sweare they will not dye till they be old, nor be sick till they dye.

CHAP. VIII. That the taking this Covenant, and other avowed Actions of the Covenanteers, are in fact, contradictory to the formall words of their Oath.

VVHat the Civilians call Protestatio contraria facto, (as if one should kill or rob a man and vow to doe him no wrong) is a foule crime which infests many parts of this Solemne Oath. The very act of taking or enforcing it, besides many other avowed practices of those that take it, does contradict the formall words of the Covenant.

I. So though they sweare in all their endeavours to keep themselves within the bounds of their severall places and callings; Yet if we look upon the courses they take we shall find nothing lesse. Who are they who can challenge it as the proper duty of their calling to set on foot that Reformation vowed in the first, or that extirpation which is the matter of the second Article? If Religion and the Controversies thereanent be a thing common to every vocation; then is that restriction to severall callings superfluous, and in a Solemne Oath, profane. But if it be the more peculiar function of the Clergy, then why doe other men intermedle in matters beside their calling? If it be the proper work of a Parliament, [Page] why do our Assembly men challenge, as Ministers of the Gospell, to be leaders in this worke of Reformation? What have they to do in Parliament affaires? Were the Bishops cast out, that they might be taken in? What just calling can they pretend, who were neither summoned by his Majesty, to whom the calling of Ecclesiasticall Assemblies doe in right belong, nor elected by the Clergy, to whom the nomination of Members to such Assemblyes, by the constitution of this Kingdome does appertaine?

So in the third and sixt Articles, where they sweare mutually to assist and preserve one another with their Lives and Estates, but with like restriction to their severall vocations, places, and callings, either most of those who have actually taken up Armes in this quarrell,, Noble-men, Knights, Burgesses, But [...]hers, Tapsters &c. are forsworne, by undertaking that service which is inconsistent with their professions; or if they be not, then all the rest of the Covenanters are, who being of the same callings, have not put themselves in Armes, and assisted their brethren with their Lives, as they are bound to doe, if it be not contrary to their Calling.

Nor can the Authors or Executioners of those Ordinances be excused from perjury, whereby many men have been pressed for Souldiers without any regard to their callings. What calling have the Water-men to be imployed in Land-service? What calling have the City Tradsemen to come and conquer the Countrey? What calling have the framers of this Covenant to exact a new Oath of all this Kingdome, or to enter in League with another? And if they have no calling that enables them to Command, then have the rest no calling to obey; and so both the imposing of this Oath, on one part, and the taking of it on all parts, is contrary to that clause so often repeated in it [...] According to our severall callings.

II. Though they sweare the extirpation of Popery, yet (if the time would permit) I could make it evident from their owne principles, that not onely many avowed actions of the Covenanteers are originally popish: (as their di [...]pensing with Oaths lawfully taken: their excluding all Clergy-men from secular judicature: their Doctrine of propagating Religion by the Sword: Covenant with Nar. p. 17. E.C. p. 228. 603. 604. 637. 624. 826. 915. their entering into Leagues and Covenants for that purpose: [Page] their usurping a more then papall infallibility and omnipotency [...] their exalting themselves above all that is called God: Lysimachus Nicanor. their rudiments of Rebellion and opposition against the Supreame Magistrate,) but that very power by which this Covenant is enjoyned, which they sweare to preserve in the third Article, is in the highest degree properly Popery. I am sure there is nothing in that large discourse of the Discourse of Epis. Sect. 1. c. 10. p. 54. & dei [...]ceps. Lord Brook against Episcopacy, which may not be applyed here with more congruity. That power, which the Covenant-makers doe pretend to, and Popery are all one in re. They have the same Rise, the same media of their progresse, and the same end.

1. First, Ib. p. 59. the Rise of Popery was by overthrowing Christs Ordinances; in Doctrine, as a Heretique, but not as Pope: in Discipline, as Pope; This most properly belonging to Christ Royall Office, as Doctrine to his Propheticall. Doth not the pretended power of the Covenant-makers doe the same? I confesse with them, Scripture is the rule, but who must expound this Scripture? Synods, Assemblies, Committees. And though by their owne confession those bind not mens consciences, yet they bind them to obedience; which obedience they precisely challenge; and when any faile thereof, they doe without the least scruple of Conscience proceed to Sequestrations, Fines, Imprisonments, Deprivations, and what not? And so these men making Scripture a rule in appearance, doe in truth monopolize all to themselves. This is just and flat Popery.

2. The same Author proceeding to parallell Episcopacy with Papacy in the meanes of their rising, Ib. p. 61. tells us how Popes dealt with Princes; laid pillowes under them with one hand, thrust them downe with the other, and then trampled upon them. This can no way be affirmed of our Protestant Bishops: but whether our Arch-Covenanteers, when they promised to make their Prince a great and glorious King, and protested to defend His Person, Honour and Authority, did not in the meane time by their underhand practices labour to thrust him downe, and by their open violence to trample upon him, the World sees in part, and themselves know more.

3. Touching the meanes of the progresse of Popery he informes [Page] thus, Ibid. That which they have most sounded in the peoples eares is, The Church, The Church; The Temple of the Lord, The Temple of the Lord; By this as by a stalking horse they come much nearer then else they could. And hath not the empty noise of Religion, Religion, Reformation, Reformation, heightened the credit of the Covenanteers in the opinion of the people, and so been made a stale to their equally Popish ambitious ends?

4 Lastly, to prove the ends of Prel [...]cy the same with those of Popery he saies, Ib. p. 62. It cannot be doubted but by all these meanes they ayme at the same End (which is also the Popes) to pull downe all other power, and set up their owne. Nor is there any great cause to doubt whether the principall Projectors of the Covenant ayme at the like End, which they have already effected in too great a measure. They have (to their ability) pulled downe all other power, both Regall and Episcopall; they have set up the one, and perhaps intend to settle the other, as a prudentiall Government, in themselves. We may therefore conclude this discourse with the words of Our Author against Bishops, Thus the Covenanteers oppose, and exalt themselves above all that is called God or is worshipped: which is most true Popery, in respect of the Imposers; and the submitting to such a power is likewise popish in respect of their adherents; and so the taking as well as the enjoyning this Covenant a formall Act of Popery, and therefore contradictory to that vow to [...]xtirpate Popery.

I need no other Apology then what the same Author hath framed to my hand. Ib. p. 60. I bring not in these things, as if by agreeing in these I might convince the Covenant-makers and Papists, or the Pope, were all one. But the originall fountaine whence all these spring, the vertue and power which actuates them in their proper channell, this is papall.

Nor may they evade by this, that though they doe and command these things, yet they neither doe them from the Popes command, nor command them in the Popes power. Though I grant this, yet they may be Antichristian, and so such in Re a [...] the Pope is, though not literally Romanists [...] For he, or they, whoever it be, that commands or prohibits the least title of Doctrine or Discipline, merely eximperio voluntatis, though the thing he so commands [Page] shall happen to be good in it selfe, (or that which he forbid [...], to be evill,) yet he, in his so commanding, or prohibiting, is not onely Tyrannicall, but Antichristian, properly Antichristian [...] Encroaching on the Royall Office of Christ, which is truely High Treason against God, and most properly Antichristianisme. I care not whether we call him a Pope, Papist, Romanist or any other name, I call him Antichrist; and if you will call Antichrist by the name of Pope, I call such imperious Commanders among us (though they have no shadow or dependance on Rome, or the Romish Pope) English Popes, I mean English Antichrists.

Nor is this any particular fancy of that one Lord, but is attested to be the Id. Sect. 2. cap. 7. p. 119. Protest [...]tion protest [...]d. pag. 2. Countermarch, &c. generall Doctrine of all the Brownists, who upon these principles conclude Episcopacy to be a ragge of Popery, which we have here brought home to their owne doors, and there we leave it.

III. If Superstition be (as View of the Cov. p. 35. M. Mocket defines it) Quicquid supra statutum est. All Religious observances which have no command in Gods word: every outward Act signe or circumstance in Gods worsh [...]p, which he has not enjoyned. An Oath being a part of worship expresly commanded, Deut. 6. 13. and this Oath being taken for a Religious end, if either the matter or any circumstance of it be such as God never required, it cannot (according to the Doctrine of the Covenanteers) be excused from Superstition.

1. Now that outward Act used by the Covenanteers in the taking this Oath, where Covenant with a Narrative. each person by swearing is required to worship the great name of God, and testifie so much outwardly by lifting up their hands, has no more colourable warrant from the word of God by way of command, then bowing the knee at the name of Iesu [...], and therefore must be guilty of equall Superstition; and how great that is M. White shall determine.

2. Againe if the Vowes of their Religious Orders in the Church of Rome be confessedly Superstitious, I shal not know how to clear this vow from the same imputation. 1. Their vow of voluntary poverty i [...] not so much as the Vow of these Covenanteers to spend not only their Estates but their lives in pursuance of this Covenant. Without all peradventure it is no more unlawfull by the word of God, for a Papist to part with his Estate for a known good [Page] end, then for a Protestant to devote his to the maintenance of a supposed good Cause. 2. The popish Vow of Continency, what has it more then the Covenanteers Vow of Obstinancy? Never to suffer themselves by whatsoever perswasion to be withdrawne from this Vnion. That is, never to be of another opinion or resolution then now they are. It is no sinne in any man to live a single life and to containe, but for a man to vow who has not the guift. And may not the Covenanteers want the guilt of Constancy, as well as other men the guift of Continency? Their owne Confessor tells them so: M. Nye in his Speech. pag. 13. Especially when (as we this day) sensible of our infirmity of an unfaithfull heart, not steedy with our God, but apt to start from the Cause, binde our selves with cords, as a Sacrifice to the Hornes of the Altar. If this will serve to absolve the Covenanteers, how shall the Vow of Continency be condemned at their Tribunall, the matter whereof hath more approbation in Scripture, and the performance of it is no whit more impossible?

3. The Popish Vow of Regular obedience to their Superiours, is justly condemned as Superstitious. And is not as absolute, as blinde an Obedience required by the framers of this Covenant? to beleive all their Declarations, to observe all their Ordinances, to preserve all their Rights and Priviledges, which are more unknown, and sometimes more unjust then those of the Cloyster? Yet the Covenanteers Vow to conserve them with the utmost hazard of their lives. 4. If we shall adde to these more ancient and ordinary Monastick Vowes that fourth of the Iesuites, the Vow of Mission; whereby they binde themselves to goe into whatsoever Countrey their Superiours shall send them, for the propagation of their Religion; we shall finde something not unlike it in this Vow of the Covenanteers, compared with their practice. By the ancient 1. Ed [...] 3. cap. 5. Lawes of this Land no man should be compelled to goe out of his County [...] save in case of actuall Invasion; but by their Ordinance of the Militia, and the severall Orders of Association and instructions to their Lievtenants,E [...] C. p. 88. 389. made by the prime Covenanteers, all men are required to follow their Leaders, as well within their severall Counties, as to other places: and those pretended Rights, by vertue whereof these commands are layd upon them, they here Vow to maintaine wi [...]h their Lives and Estates: which [Page] these Superiours may, when they please, with equall authori [...]y and better reason, employ into France, Spaine, Italy, or any other Popish Countries; whither, if they shall command, all are bound to goe, by the tenour of this Vow for extirpation of Popery, and universall Reformation of Religion.

3. Lastly, if whatsoever is not commanded by God be Superstition (as they hold it is) then if it were true that the Leaguers were all of one Religion, yet is there no command for them to enter into such a Holy League. Beside the Pacification at Passau, concluded betwixt the Protestants and Papists of Germany 1552, and confirmed in a Diet 1555, generally commended by Protestant Sleidan. Gerard. Camerar. O [...]iander. Writers, the examples in Scripture of Iacob and Laban, Ioshuah and the Gibeonites, Solomon and Hiram, do abundantly prove that Leagues betwixt men of divers Religions is not against the word of God, and therefore a League betwixt people of the same Religion, for extirpation of such as are not of the same, is no way required by it. So then this Covenant, as to that point is Supra Statutum, and therefore Superstition.

4. But if this sinne consist rather in using such Acts, matter, signes, or circumstances in divine Worship, as are in their owne nature no way apt to expresse that honour which we acknowledge to be due unto God, nor reducible to that end for which we intend them; surely then there may be Superstition in the inward as well as in the outward Act of Worship; and in particular Rom. 10.2. indiscreet zeale will appeare to be a peece of Superstition: for though zeale be of its owne nature apt to be referred to Gods Worship, yet thus qualified it is not; and then I am confident, as Diogenes trode upon the pride of Plato, so, many of our zealous Covenanteers here vow to extirpate superstition with greater superstition.

IV. The clearing of that clause which concernes Extirpation of Heresie depends upon the resolution of many questions which we cannot here determine; upon this mainely, who shall be the So [...]eraigne Iudge of Controversies to define what Doctrines are Hereticall, and what not; whether must every man for himselfe fit upon other mens faith, and proscribe all that for Heresie which crosseth his owne fancy? The Church of Scotland allowes no [Page] other Iudge in this point but Scripture; which will scarce come home to the point; for who shall give the sence of Scripture? The Lord Discours. Sect. 1. c. 9. p. 51. Brook has answered the question aright; What is true Doctrine the Scripture, or rather the spirit must Iudge, but what a Church will take for true Doctrine lyes onely in that Church. And amongst the Covenanteers who shall Iudge as the Church? In Scotland it is agreed, the generall Assembly; in England I know not who, perhaps a select Committee of some Lay-Covenanteers. Such as shall be appointed to convent Ministers for preaching false Doctrine, and will not stick to censure him for Heresie and Blasphemy who shall call the Virgine Mary the Mother of God. [...]. I must once more borrow the words of that Honourable Ib. p. 52.53. Author I last mentioned, so long as the Church in her tenets intermedles not with State matters under the notion of Religion, I suppose the Civill Power is not to interpose. If the question be what is Idolatry, what superstition, what Heresie, what the punishment of those crimes, who shall Iudge but the Church? Whiles Parliaments labour for the Church, dealing no further in the affaires of the Church then by Scripture they may, certainly they doe well: but if they once exceed their bounds, the issue will be CONFUSION instead of REFORMATION. Yet in regard our Lawes, if they should be put ordinarily in execution, are somewhat severe in the punishment of Heretiques, it was not amisse in the 1. Eliz. c. 1. Parliament to restraine the Power of Ecclesiasticall Commissioners in judging of Heresie, to what had been formerly determined by Scripture, or by the foure first generall Councells: onely when they added, Or such as shall hereafter be ordered, judged or determined to be Heresie, by the high [...] Court of Parliament in this Realme, with the assent of the Clergy in their Convocation: The matter had not been much different if the words had been a little inverted; if they had left the judgement to the Clergy, who (without disparagement) may be thought more compe [...]ent for such matters, and reserved the power of approving and confirming to themselves. But the Law being as it is, we willingly subscribe to it; and when the Parliament shall determine, with the Convocations assent, any matter or cause to be Heresie, we shall better know how to conform either our judgement to their [Page] determinations, or our patience and obedience to their censures. In the meane time we must entreat our Brethren of the Clergy convened at Westminster to be perswaded, that though the Lords and Commons in the Court were indeed the Parliament, yet they in the Chappell are none of the Convocation. And so what Heresie is or what to be taken for such by any authoritative definition in this Kingdome we are not like to heare in haist. But if Tertullians Prescriptions, or that golden Rule of Vincentius Lirinensis, Quod ab omnibus, quod ubi (que), quod semper, &c. be of any use for the triall of Heretiques, then we can tell whose Disciples the Covenanteers are, that sweare to extirpate Episcopall Government: if Aërius, for affirming that a Bishop is not above a Presbyter, was generally reputed by the Christian world for more then thirteen hundred yeares together, as well in the Easterne as Westerne Church, for a downeright Heretique, we can charge those men with no lesse then a Contradiction who with the same breath vow the extirpation of Prelacy and Heresie.

V. The case is much alike concerning Schisme. Which is so neare allyed to Heresie, that 1. Cor. 11. 18,19. S. Paul, if he doe not confound them, makes that the necessary forerunner of this. But allowing the word for current in the common acception without any scrupulous enquiry into the nature of it, we must inferre. 1. That this vow of the Covenanteers to extirpate Schisme is contradictory to that vow of mutuall assistance, which they make in the sixt Article: for being knownely divided in their opinions concerning Church Government, they must be one to another mutually Schismatiques. 2. The meere taking of this Covenant, being in the principall part of it an utter condemnation of the Church of England, and a sworne Separation from it as Prelaticall, (that is, in their sense, Antichristian) can be no other then a most formall vowed Schisme, in respect of all those Covenanteers, who formerly held Communion with this Church: which being a true Church wherein Salvation might be had, suppose the worst, (which I doe not grant) that there were some errors in her Doctrine, or some unlawfulnesse in her practice, yet so long as they are neither required to professe those errors nor to approve those practices (as, if we consider His Majesties frequent proffers of [Page] passing fitting provisions for the ease of [...]ender consciences clearly they are not) any separation from this their Mother Church is utterly causlesse; and unlesse by vertue of some Legislative power, a new sense be imposed upon the word, this is the greatest Schisme that ever was in any Church since the foundation of Religion.

If they had not broken it already they might easily observe this part of their Oath for the future, for having by this Covenant left amongst themselves no visible Church, it quickly followes, no Schisme. Were it not so, I should wonder how it comes to passe, that after such a solemne Oath for extirpation of Schisme, and that not by publique Order, but where every one must goe before another in the example, so few should be found all this long time worthy to be extirpate out of that great City, where so many are knowne to be. Where all such as have been accounted Schismatiques from our Church of England either had their birth or have their breeding. Anabaptists, Brownists of all sizes, Separatists [...] Semi-Separatists, Leamarists, Barowists, Iohnsonians, Ainsworthians, Robinsonians, Wilkinsonians, the severall Congregations of Busher, Smith, Helwise, Hancock, Nevill, Pedder, each of which (as I am informed) had their distinct formes of Separation: the Antinomians, Eatonians, Gringletonians and Familists the Cottonians and Anti-Cottonians, and whatsoever spreading grafts have been transplanted from those fruitfull seed-plots of Schisme, the Colonies of New Englaud or Amsterdam.

All these were knowne, by head, even when the Government of the Church was in the hands of the King and Bishops; and sure their number is nought abated since it was seized by the Covenanteers: many whereof have small reason to sweare the extirpation of Schisme, unlesse it be out of their owne hearts. Which is so foule a sinne, that some of themselves have confessed Ieroboam the son of Nebat, for this onely cause, not for Idolatry, to be so often mentioned with that odious Elogy, Who made Israel to sinne. And considering the generall defection now made from the Church of England, and the shallow grounds of this Separation, I take leave to mind those men who have had the greatest stroke in these divisions, of what De Haeres. lib. 4. c. 62. Irenaus writ so many hundred years [Page] agoe. The Lord will judge also those that make Schismes; who valuing more their owne profit then the Churches unity, doe rent and divide, and to their power murther the great and glorious body of Christ, upon small and any occasions: speaking Peace, and making Warre; truly straining at a gnat, and swallowing a Camell. For they can make [...]o such Reformation, as will be able to countervaile the harme of Schisme.

VI. The imposing this Oath by their owne Authority is a great violation of the Rights and Priviledges of Parliament which they sweare to preserve. If we should allow the Leaders to be, what they desire to passe for, the two Houses of Parliament; yet is it denyed that the one House hath any power to give an ordinary legall Oath; or that both Houses can lay any civill, much lesse Religious obligation, by a new Oath, upon the whole Kingdome without His Majesties Assent by E.C. pag. 859. 860.Act of Parliament. Let but any Law be produced that it may be done, or any precedent shewed that ever it was done by any free Parliament, and we shall be ready to recant this position. In the meane time I crave leave to intimate in some few particulars how the Covenanteers have violated not onely the ancient and just Rights of Parliament, but those very Priviledges of the last Edition, which were never heard of before this Session.

1. In relation to the King, who is the Head of that great Body, the denying His Negative in making of Lawes, the signifying His Authority contrary to his Will, the doing many things without Him, which, how necessary soever, he does not challenge any Prerogative to doe without them, are sufficient instances of their injust usurpations.

2. In relation to the House of Peeres: whether were not their Priviledges invaded, when some of the Temporall Lords were committed by Mr Pennington, the then Lord Major of London, and a Member of the Lower House? when others of the Spiritualtie, twelve Bishops at a clap were impeached and committed for a crime they were no way guilty of? That never forgotten breach of Priviledge, His Majesties impeachment of the five Members was thus aggravated;

E.C. p. 278 [...]

If such an accusation might be allowed, then it would be in the power not onely of His Majesty but of any [Page]private man, under pretensions of Treason, to take away any man from his service in the Parliament, and so as many, one after another as he pleaseth, and consequently to make [...] Parliament what he will, when he will; which would be a Breach of so essentiall a Priviledge of Parliament, that the very being thereof depends upon it. How much His Majesty did then abhorre the thoughts of any such consequence, depends in part upon the now visible and then iust grounds of that accusation. But whether in that more generall, and more causlesse impeachment of those twelve Members of the House of Peeres, the Projectors did not over-act all the sad consequences of the former Discourse, and transgresse that essentiall Priviledge upon which the very being of Parliament was said to depend, I doe not determine; Onely, this is evident, the now Covenanting Commons ever since that time were able to make their House of Lords doe or say what they would when they would. Witnesse their severall Counter-mands and crosse Declarations. The Lords declare the Lawes should be observed, and the Common-Prayer Book used: these Commons declare, both shall be suspended. The Lord [...] declare, Tumults shall be suppressed, and the Authors punished: these Commons declare there are no Tumults, and command those persons shall be released who were apprehended as the Authors. The Lords thought the new Ordinance for the Militia unnecessary, and refuse to Petition for it: these Commons declare it is necessary, and

Ex. Coll. p. 19. & 59.

complaine of the Lords for their refusall. What would you more? In some cases, these men Order,

Ib. p. 112 [...]

that the House of Peeres agree with the House of Commons.

3. In relation to particular Members; It is somewhere confessed by the Commons, that

Ib. p. 723.

they cannot give away the Priviledge of their Members without their consent. Sure the many affronts [...] indignities, injuries, which severall Members of that honourable House have sustained in their Persons, in their Estates, in their Protections, in their other Priviledges and Liberties, were never done by their owne consent.

4. In relation to the constitution of Parliaments, is not the freedome of the place and safety of the persons so absolutely necessary, that

E.C. p. 10 [...].

no Parliament can be without it? yet have not both [Page] been disturbed and endangered by tumultuous Citizens? Have not some been expelled, others committed, for being so honest as to Vote according to their conscience, but not so fortunate as to jumpe with the supposed Sense of the House? Were not their names posted up, and their lodgings notefied who were unwilling to have a hand in the first Act of this Nationall Tragedy? I [...] the publique demanding a List of such Lords names as dissented in their Votes from the carrying party in the Lower House; if confining the whole Authority of both Houses to the pleasure of a few persons under the name of a Committee for the safety of the Kingdome, into whose secret [...] the rest may not presume to enquire; if the admitting of Commissioners from another Kingdome without whose concurrent advice nothing must be agitated in this, be not as totally repugnant to the nature of a free Parliament, as confessedly repugnant to all Precedents of former times; if all these things have been done, and yet no Priviledge broken, then [...], there will be no danger of breaking Priviledge. But if all these were high violations of the Parliament Priviledges, all the Covenanteers are sworne to enquire after and punish the offendors without respect of persons.

5. I cannot see that those who had a speciall hand in the creation have ever had a due care for the conservation of many new Priviledges. They who declared it to be no ordinary, but a high breach of Priviledge to

E.C. p. 156.

intercept any Letters or Messenger [...] comming to or from the Parliament, have since countenanced the interception of His Majesties Letters, commanded the imprisonment of His Messengers, and done enough to prove themselves either guilty of Priviledge-breaking, or no Parliament. Who if they shall pretend in case of Priviledge, as they have done in point of Law, that whatever they doe, or command or approve, how contrary soever it may seeme to be to their confessed or declared Priviledges, yet must not be taken for a violation of Priviledge, because it is approved by them in whom the Privilegilative power is supposed to reside. I confesse this might be urged with good coherence to their other principles nor should I know well what to reply if I were not furnished out of their Store-hou [...]e; Where I find them telling the King, August. 25. 1642. that till he have [Page] recalled His Declarations and Proclamations, and taken downe His Standard,

E.C. p. 580.

they cannot, by the fundamentall Priviledges of Parliament, treat with him. Yet within a few moneths after, though the Royall Standard was not taken downe, nor any Proclamations recalled, those very men who before refused to grant, are now

Ib. p. 745.

petitioning for a Treaty, to His Majesty at Colebrooke, and we find them actually Treating at Oxford: Whence we conclude, seeing they did afterwards what they had formerly declared, by their fundamentall Priviledges, they could not doe, not onely in some cases they possibly may, but in this particular, according to the principles of their owne Declarations, they actually did violate a Priviledge of Parliament, and that a fundamentall one.

VII. There can scarce be imagined any invasion upon the Publique Liberty more manifest, or of greater consequence than is the imposing of this Oath by such as have no Authority to exact it: and the submitting to this usurped Authority, is in all them that take it, a betraying of the Liberty of the Kingdome. We have already proved that no new Oath can be imposed but by Act of Parliament [...]

Besides, what can be more in prejudice of the Liberties of England, then forcing all the Subjects to sweare to defend the Liberties of Scotland, and the unknown Priviledges of their Parliament? Are we not hereby made sworne vassals and slaves to another Nation? Do we not give them a Supremacy over us? or if their obligation be reciprocall, yet I doubt whether, in case they prove perfidious, that will serve to excuse our perjury.

If by swearing to preserve the Liberties of the Kingdome, they sweare (as their M. Mocket. View of the Covenant. pag. 36.Expositours beare us in hand) against all Arbitrary Power; whereby the Rulers will and pleasure is made the onely Rule of the Subjects obedience, their Oath strikes at none more than the Master [...]Covenanters, to whom I feare the description in that Authour is most aptly fitted, New, proud, ambitious, domineering Officers of the first Head.

VIII. Seeing no Act of Parliament can be made without his Majesties consent, no new Oath imposed without an Act of Parliament, their pressing of this Covenant by any Ordinance, their [Page] entering into League with two Forreigne Nations, and inviting others to joyne in the like Association, is such a palpable violation of the Kings Authority, which they sweare to preserve, and a contradiction so grosse as none can reconcile, unlesse He to whom nothing is impossible.

IX. What is the whole Designe of the Covenant but an apparent dividing of the King from his People? Or, which is all one, of the People from their King? What, but a sowing of division between the Kingdomes, by hiring the Scots to take part in our dissensions? What, but a sworne Faction amongst the People of this Land, being a combination of some who confesse themselves not to be the Kingdome? And yet they would seeme to sweare against all these in the fourth Article.

That they who here sweare against Faction and Division have been the Authours and are still the upholders of Division, and that by Faction, is plaine from their constant refusall to descend to any Treaty for accommodation. First, when his Majesty wooed them to it from Nottingham; then when the most substantiall Citizens petitioned for it at London. Againe, when in Iuly last the Lords remaining at Westminster did Vote for it; when the major part of Commons then present did entertain the first motion of it; when the many poore People and the weaker sexe did offer up strong cries and teares for it: yet so potent was the prevailing party of the Common-Councell of London, (of Master Pennington's election, and therefore at his devotion) as not to spare their greatest Patriots; all their former service could not protect their names or persons from the rude hands and ruder tongues of those enemies of Peace; from whom the poore Petitioners found such barbarous entertainment as pitied me to see, & I take no pleasure to remember. Nor need I mention the many gracious overtures from his Majesty, that have been spurned at and rejected since. That which most irremoveably pinnes the Faction upon the Covenanteers sleeves is their entering into such a League as this with Forreigners; which they would never have purchased at so deare a rate, had they confided in the native Forces of our own Kingdome. Besides, the very ground of the Contestation decides the Controversie. The Covenanteers fight for Subversion of the [Page] Lawes and Government established; his Majesty (as, by their confession, he is bound to do) and his other Subjects, for preservation of them: Say then, who are the Faction? Whether they who willingly submit to all Lawes now in force, and are ready to pay equall obedience to all such as shall be established in a free Parliament, or they who not onely deny obedience, but vow to extirpate the present Lawes and Government?

CHAP. IX. That many particulars vowed and intended by the Covenant, are simply and absolutely unlawfull.

HAving already demonstrated the iniquity of the Covenant upon such generall Heads of Discourse, as by sound consequence doe inferre no lesse; I proceed to the proposall of such other particulars as are found primâ facie, without any help of deduction, immediately unlawfull in themselves.

I. Such is the maine matter of the first Article, if not of the whole Covenant. The alteration of Religion in England and Ireland. Which if it were false and erroneous, as it is fal [...]ly suggested to be, yet being already setled by standing Lawes in both Kingdomes, such as the King is sworne to defend, as much if not more then any other, for any Subjects by force of Armes to goe about to introduce an alteration, however veiled under the specious title of Reformation, is a thing not onely directly contrary to the positive Constitutions of these Kingdomes, and without warrant or example from divine Law, but utterly against Scripture, Reason, the practice of the true Church of God in all ages, the very nature of Religion it selfe, and the common principles of civill Policie.

I might for methods sake parcell this Section,See to this purpose, a Solid learned Discourse, Of Resisting the lawfull Magistrate upon colour of Religion. and shew first that all force for Religion, Secondly, that all force against the King is unlawfull. But because I find both swords united in the present undertakings of the Covenanteers, I shall not divide them in my discourse.

1. First, That to labour the advancement of Religion by way [Page] of Force, contrary to established Lawes and the Prince's will has no warrant by way of command or approbation from Gods word, must be taken for granted, till those who are otherwise minded can shew the contrary: and will be needlesse to perswade if we prove in the second place that it is against expresse testimony of Scripture. Our Saviour Ioh. 18.36. professeth his Kingdome is not of this world, and addes, for then would my servants fight. Which words as they evince that it is lawfull for Subjects to fight at the command of their temporall King, for the maintenance of his wordly Estate; so doe they insinuate that Christs Kingdome being Spirituall, cannot, must not be advanced by temporall Armes. 2. Cor. 10.4.The weapons of our Spirituall Militia are not carnall, but Spirituall. We have no command from Christ our spirituall Head, to kill and slay the common enemies of our Religion, but contrarywise to Matt. 5.44. pray for our persecutors, & not to resist evill. Perhaps upon the same conceit o [...] Gods glory and advancement of their Religion they persecute us, as we Vow to extirpat [...] them. St Paul out of the abundance of Zeale, Gal. 1.14. [...], did at first Philip. 3.6. persecute the Saints of God; yet not without Act. 9.2. authority from the Magistrate; and therefore his case was different from this of the Covenanteers; and he obtained pardon (it was a sinne then) because he did it ignorantly. Our Saviour left it not untold to his Disciples, and in them to the Church, Ioh. 16.2.that the time would come that whosoever killed them, would think he did God service: those very murtherers had the glory of God for their ends, but that could not excuse their actions.

Heu, primae scelerum causae mortalibus aegris, Naturam nescire Dei! They were truely ignorant of those meanes which God requires for the advancement of his Kingdome. Ib. vers 3 These things they will doe, because they have not known the Father, nor me. He will not have the Mat. 13.30. tares extirpate out of his field, the Church, till the time of harvest, and by the proper reapers. Covenant with a Narrative. p. 24.M. Nye in his exhortation to the Covenant, has made choyce of a text sufficient to break the neck of it. He bids us be zealous, as Christ was, to cast out all (he never cast out any by fire and sword) but let us doe it in an orderly way, and with the Spirit of Christ whose servants we are. 2. Tim. 2.25. The servant of the Lord must not strive (sure then he must not [Page] kill and slay) but be gentle to all men, (I hope Papists and Prelates may passe for men) apt to teach, (not to inforce) Patient, (not violent) in meeknesse instructing (not in fiercenesse consumeing, destroying, extirpating) those that oppose. If Seditions, Tumults, Insurrections, Rebellion [...] must goe current for Discipline and Order; if the takeing up of Armes defensive or offensive, be a worke of patience and meeknesse, if the Spirit [...]f contradiction be more conformable to the Spirit of Christ then that of suffering, the Lord be Iudge; for amongst men, great Authors are produced on both sides. The cheife Covenanters E.C. p. 725. call it a Spirit of slavery, and & 728. advise all to make use of that defence which Nature teacheth every man to provide for. But God in Scripture teacheth no such matter; Rom. 8. 17. 2. Tim. 2. 12. 1. Pet. 3.14. & 4. 16. he commands every man to be conformable to the image of his Sonne; if we suffer with him, that we may be also glorified with him.

3. Thirdly, this course is against the nature of Religion it selfe. For Faith, the soule of Religion, is an inward act of the Soule, which all the Tyranny in the world, that the malice of the Divell can invent, or the wit of man exercise, can neither plant where it is not, nor extirpate where it is. It is the guift of God; freely begotten in the hearts of men, not by threat [...] and terrours, not by torture [...] and Massacres, but by the quiet still voyce of the word preached: S [...]adenda, non c [...]genda. And therefore St Paul, though a lawfull Governour in the Church, flatly disclaimes any2. Cor. 1.24. domineering power over the Conscience. A [...] for the outward profession of Religion, neither is that subject to Force and violence: A man may confesse Christ and his Faith in him, as freely in bonds as at liberty, as gloriously upon the Crosse as upon the throne. Feare indeed may incline a weak conscience to dissemble his opinion, but cannot constraine him to alter it. Fire and Faggot are strong arguments of a weak cause; undeniable evidences of cruelty in those that use them; but slender motives of credibility to beget Faith in those that suffer by them. Lastly for the externall, free, and publique practice of Religiou [...] duties, that I grant may be restrained by the outward violence of man; but when it is so, it is not required by God, who never expects to reap what he did not sow.

4. Fourthly, it is against the constant commendable practice of [Page] the true Church of God in all ages. The Saducees, tho [...]gh they denied the Resurrection, and many other Truths in Religion, were tolerated in the Church of the Iewes; and our Saviour convinceth them by strength of argument, not of armes. The example of Christ and his Apostles is beyond all exception, worthy our best imitation. When many of his Disciples did apostate, he used no violence to reduce them, but mildly said unto the Twelve, Iohn 6. 67. Will yee also go away? When the Samaritans, who were of a different Religion, neglected to entertain him, because his face was towards Ierusalem, the place of the true Worship, he sharply Luke 9. 54. rebuked those sonne [...] of thunder who would have consumed them with a shower of fire. When Peter thought to have defended him by force against a suddain assault made by the servants of the High Priest (the Ministers to execute an unlawfull command, but imployed by the lawfull Magistrate) who by destroying the Master had no other intention but to extirpate that Religion which he had planted, he commands him to Mat. 26. 52. put up his sword, for all that take the sword (though it be in defence of true Religion, yet if it be against the command of the lawfull Magistrate) shall perish by the sword. And as himselfe was content to suffer an ignominious Death upon the Crosse, notwithstanding he had power infinitely sufficient to repell all the violence of his enemies; so did his Apostles follow him in the like example, Acts 5.41. rejoycing in their life time that they were counted, worthy to be beaten for his name; and Saint Paul reckons it for a speciall grace and favour to the Phil. 1.29 [...] Philippians ( [...], &c.) that they not onely beleeved in in Christ, but suffered for his sake: and when they had finished their course and fought the good fight of Faith, they gave up their lives a willing sacrifice in testimony of the Truth of their Religion.

Conformable to this patterne was the constant Arnob Lact. Cypr. contra Demetr. Tert. in Apol. & ad Scap. Iust. in Tryph. Aug. in Psa. 144. Ambros. in Luc. 22.38. Atha [...]. Ep. ad solit. vitam agente [...]. Doctrine and Practice of the Primitive Church. The most ancient Apologists for the Christian Faith, use this as an Argument to prove the Religion of their Persecuters to be false, and their own true [...] that stood in need of humane force to maintain it, but theirs stood by the sole power of God. Pudeat te eos col [...]re, quos ipse defendi [...]; pudeat tutelam ab ipsis expectare, quos tu tueris. Those good [Page] Christian [...] were content to trust God with the defence of his own Cause; and indeed they durst do no otherwise; their Religion enjoyned them not to kill, but be killed for it. Nor was this for want of ability, but authority. They who best knew their own strength, professed to the face of their adversarie [...], that both for number and experience they were nothing inferiour. It was in their power to have oppo [...]ed, if their Religion would have permitted. One of them makes Peter put this question to his Master, Cur haberi praecipis gladium, quem vetas promi? Nisi fortè ut videaris potuisse vindicari, sed noluisse?

Hence it came to passe that when both Swords were in a manner united, after the Emperours were converted to the Christian Faith, yet Heretiques were cut off by the Spirituall, not by the Temporall. The first Generall Councels of Nice, Constantinople, Ephesus, and Chalcedon, condemned those Arch-Traitors in Religion, Arius, Macedonius, Nestorius, Eutiches, but not to death. The Councell of Constance was the first that proceeded in that kinde against Iohn Husse and Ierome of Prague.

Lastly, as the Harmony of Reformed Churches in their publique Confessio Aug. Art. 16. Gall. Art. 40. Helv. Art. 26. Scot. Art. 24. Angl. Art. 37. Confessions does not admit of any division or violent resistance against the supreme Magistrate; so has it been the constant Doctrine of all the Protestant Divines generally from Luther, down till our times, and more particularly of this Church of England, as may be more fully seen in the Exhortation to obedience published in Edward the sixth's dayes, and the Homily against Rebellion confirmed by the Articles of our Church under Queen Elizabeth. The contrary Doctrine being ever reputed peculiar to the worst of Papists, the Iesuites, and the practice of it made a marke of Antichrist. So as I dare averre these three last yeares have produced more seditious Pamphlets in that kinde within this one Kingdome, then all the Christian world ever saw before; to the shame of our Nation, and scandall of our Profession.

5. Fifthly, this course of violence is contrary to all experience of former times, by which it is found that Religion hath ever been better propagated by the sufferings of the true Professours, than by force; Persecution to the Church being like pruning to the Vine; as it was first planted, so has it been watered and fructified most by blood.

[Page]

Sanguine fundata est Ecclesia, sanguin [...] [...]r [...]vit.

Not by shedding [...]he blood of others, but willingly powring out her own. The constant patience of Martyrs was the most winning Rhetoricke to perswade others to the Faith; it being most likely those opinions should be true, for which they so willingly laid down their lives: at least, common pitty is a powerfull Oratour to perswade with the People, (with whom the punishment makes the Martyr) that he who suffers has a good Cause. Whereas should he make resistance to defend himselfe, or use violence to compell others, that might be upon other ends, of profit, vaine glory, revenge, and what not? The persecution in other places drove the Protestants hither in Edward the sixth' [...] dayes, as to a common Sanctuary, which much advanced the Reformation in England; and the cruelty of the Papists under Queen Mary was disposed by the Providence of God to perfect the Reformation both in France and the Low-Countries; whither no lesse that Girolam. Pollini l' Hist. Eccl. l. 3. [...]. 18. thirty thousand strangers were banished from hence for Religion. The flames of our English Martyrs did but give more light to the Truth of the Gospell, which their Enemies thought by that meanes to suppresse; their Fune [...]als were the most effectuall Sermons for the Peoples Conversion. The bloody Massacre at Paris was Miterran [...] Hist. lib. 4. p. 103 [...] found to advance the Religion in France, and the rigorous pressing of the Inquisition made way for casting Popery out of the Low Countries: where the present Toleration of all Religions is acknowledged by the Lord Disc. Sect. 2 [...] c. 6. p. 94. Brook for a speciall meanes that makes it flourish.

6. Sixthly, it is against that innate principle of the Law of nature, Quod tibi fieri non vis, alteri ne feceris. Those who pleade most for extirpa [...]ion of Heretiques, when it comes to be their own turne to be under the Crosse, stand for Liberty of Conscience, and declaime against persecution for Religion as a thing utterly unlawfull; [...]o the very Iesuites, Cardinall Allen, and Creswell in his Philopater. And surely if we will not suffer i [...] from others, we may not use it our selves.

7. Seventhly, 't is against the Law of our Land. W [...] have alwayes deprecated that aspersion which ou [...] adversaries would cast upon it; professing we do not punish any Heretiques with death, but [Page] Seminaries for Sedition and Rebellion, not for Religion. And here I must observe that the Lords and Commons in Parliament primo Elizabethae confesse they had no meanes to free the Kingdome from the usurped power and authority of the Pope, Cap [...]. but with the assent of the Queenes Majesty: so farre were they from thinking it lawfull to raise Armes for extirpation of Pop [...]ry when it was established by the Law of the Land.

8. Eighthly, it is against the common rules of prudence and Civill Policy, to use that as a meanes to propagate, which is more likely to tend to the extirpation of our Religion: I speak of the Protestant; which in the generality being not so populous as the Roman, if we shall extirpate them he [...]e where we are stronger, we must expect the same measure from them in other places where they are stronger: and then, in all humane probability, our Religion is like to come to the worst in France, Germany, Poland, and other Popish Dominions. If they shall take the same course, what can we have in equity to object against them? Si quis quae fecit patitur, is he not rightly served?

9 Lastly, it is utterly destructive to all Civill Government: for if any be allowed to take up Armes for propagation or defence of their true Religion, against the Civill Lawes, and will of their Prince; whosoever has a minde to rebell, may do it upon the same pretence, and ought not to be questioned by any humane Authority; for though they do but pretend Religion, yet is it impossible for any Iudge to convince them of such pretence; not can any thing be urged in defence of the true Religion, which may not be made use of by a false.

II. The extirpation of that ancient Government by Bishops, which has obtained in England ever since the first plantation of Christianity in this Nation; to which we principally owe the Reformation of that Religion we now professe, of which none have been more zealous, more able propugners than our English Bishops, who by their constant preaching of it, their learned Writings for it, their pious living in it, and patient dying for it, have sealed unto us that pretious Fai [...]h through which we hope, by the mercy of God, for the salvation of our soules; who have b [...]en the Founders or most eminent Benefactours of most Churches, [Page] Colledges, Schooles, Hospitalls and other publique Monuments of piety and devotion, which have rendered this Nation so famous abroad and so magnificent at home. Of whose Government all the Clergy of this Land have testified their solemne approbation at their entrance into holy Orders, and to whom all beneficed Ministers have sworne obedience at their institution, and therefore (it was Concerning the Canons. pag. 17. M. Bagshawes Argument) if ever they assent to the alteration of this Government they are really periured. Which H [...]s Majesty, and all His Royall Predecessors at their Coronation have by a more particular and solemne Oath vowed to protect: which God himselfe by extraordinary blessings from Heaven (as King Proclamation. 1⁰. Iacobi. Iames of blessed Memory did acknowledge) has approved and ratified. Which by the Catholique consent of the Churches of Christendome, both in Asia, Africk, Greece, Russia, and other parts of Europe, that never acknowledged any subjection to, or dependence on the See of Rome, hath been constantly embraced, and the oppugners of it universally branded for Heretiques: which in most of those few Churches that want it, by their best and ablest Members hath been frequently desired: which of all other formes has undoubtedly the best title to Divine or Apostolicall Institution. Against which nothing is, or ever could be justly objected but the humane infirmities and personall failings of some particular men, from which no Government is or can be totally exempt.

If it be not unlawfull to sweare the Extirpation of this Government so deeply rooted by the fundamentall Lawes of this Kingdome (both Common and Statute) as Monarchy it selfe, or the new-named Soveraigne Power of Parliaments cannot pretend to be built upon a surer foundation, let it be piously and prudently considered whether the same Engines by which the Covenanteers would subvert the Government of the Church, will not be of equall [...]trength and fitnesse to pull up the Government of the State. Suppose neither King nor Bishop were of divine Right, certainly Parliaments are not. Suppose both Kings and Bishops faile in the performance of their trust, is there no expedient, but the Government must be abolished? Sure it is not impossible for Parliaments to be guilty of a like defailer; must they be exposed to [Page] the like justice? No Bishop, no King, is granted to be an old received truth by Lord Brook. Sect. 2. c. 6. p. 87. one who was none of the best friends to either Government. When I consult with history and experience, and behold the example of some Neighbour Nations, I say no more, but Vestigia terrent. A strict account must one day be given for every drop of Christian blood that has been shed in the common Cockpit of Europe these fourescore yeares last past.

III. If it were as certainly true, as it is prodigiously false, that Episcopacy were an Antichristian invention, and therefore fit to be abolished, yet it would concerne our Reformers to provide us of another Government before they take this away. If Christ did indeed prescribe one set Forme to be perpetually and universally observed in his Church, and Episcopacy be not that one (as we contend it is) let our adversaries first agree amongst themselves what it is, and we shall then know how to proportion our conformity to the authority and reasons of those that enjoyne it. Or if it were left at large, in the power of the Church, Catholique or particular, to ordaine what Forme she shall think most convenient, we still demand, who that Church is, and what that Forme must be here in England? In the meane time this is certaine in it selfe, and generally acknowledged on all hands, an absurdity so grosse as cannot fall into the imagination of any Christian, that Christ should at any time be thought to have a Church without any Government; or that it should be in the power of any man (I doe not except a Parliament) to extirpate the present and so leave the Church voyd of all Government. I Serinus apud S [...]ob. Serm. 42. read indeed of a Law amongst the Persians, that after the death of the King there should be a five dayes Cessation of all Law and Government, [...], that the People by that want might learne to know what a great blessing it is to enjoy the Ki [...]g and the Law. As the end was good, so in a civill State the thing was not injust. But in a Church the case is quite otherwise.

The time was, when the House of Commons took it for an imputation cast upon them by Malignants, against whom they remonstrate to the Kingdome in these words, 1. Remonstranc [...]. E.C. p. 19. They inf [...]se into the People that we meane to abolish all Church-Government, and leave every man to his owne fancy for the service and worship of God;[Page]absolving him of that obedience which he owes under God unto his Majesty, whom we know to be intrusted with the Ecclesiasticall Law, as well as with the Temporall, to regulate all the Members of the Church of England, by such rules of Order and Discipline as are established by Parliament. Were that House now turned Covenanteers, I should say those Malignants, if they were bad Counsellours, were good Prophets. Is not all that a present Truth, which is here laid down as a false aspersion? When the Government by Arch-bishops, Bishops, Chancellours, Commissaries, Deanes, Archdeacons, and all other Ecclesiasticall Officers, is, according to the tenour of this Covenant, utterly extirpate, if all Church Government be not taken away, let them shew us what remaines; if every man be not left to his own fancy for the service of God, let them say, what other rule the Covenanteers have to walke by, while they are in expectation of a new Directory. If the rules of Order and Discipline, by which the Bishops did governe under the King, be established by Parliament, and no other so much as pretended so to be; if his Majesty require obedience to these Rules, according to those Lawes, with the execution whereof, next under God, he is intrusted, when the Covenanteers not onely refuse to obey, but sweare disobedience themselves, and require the like of all others, if this be not, what is it [...]o absolve every man from that obedience which he owes under God unto his Majesty?

The same Authours told us at the same time, Ibid. We do here declare, that it is farre from our purpose or desire, to let loose the golden reines of Discipline and Goverment in the Church, and leave private persons or particular Congregations to take up what Forme of Divine Service they please; for we hold it requisite that there should be through the whole Realme a Conformity to that Order which the Lawes enjoyne. If the reines of Discipline be not now let loose amongst the Covenanteers, in whose hands are they? If private persons and Congregations be not at liberty, what Law does restraine them? If there be any new Forme and Conformity established, when was it enacted? Where may we finde it?

It will be said, though they have abjured Episcopacy, E.C. p. 604. yet they intend to consult with Divines about setl [...]ng another Forme, most agreeable to Gods Word, most apt to preserve peace at home, and unity with[Page]Scotland. If it were not against the Law of God to rob the Church of all Government, as it is against the Lawes of this Kingdome to abjure the present Forme, yet may it well be thought to be against common Policy, to endanger the safety, as we have forfeited the Peace, both of Church and State, by endeavouring to introduce a new Government not yet known of what stampe it is, nor what effects it may produce. To forsake all ancient and beaten pathes, Et nova & ancipitia praecolere, avida & plerunque fallax ambitio est. Great care has been taken for the culling out of such Divines as were most likely to comply in their desires of innovation; many moneths have they sat a consulting, and are yet as farre from agreement as when they first met. If no Forme must be setled but such as hath a concurrence of those three forementioned conditions, it is probable there must never be any setled at all. What is most agreeable to Gods Word, next after Episcopacy, may be thought not most apt to preserve peace, among so many different Sects at home, at least not most apt to preserve unity with Scotland. The Scots are resolved their Forme, and none but theirs, is according to Gods Word, E.C. p. 598. jure divino, and perpetuall; And the Members at Westminster were once of the same opinion, or willing to make the Scots believe so, when they told them Ib. 60 [...]. they concurred with their own judgement touching Church Government. If so, what need had they to call Divines to consult? Was it to be resolved in conscience whether they might lawfully tolerate what is [...]ure divino, and perpetuall? Or they were resolved upon the conclusion, but the Divines must finde out the premises? Or which is most probable, they never were, nor yet are, nor perhaps ever will be agreed upon any one Government; though they all conspire against Episcopacy, as most opposite to their private Factions? For if we must have no Government but such as shall please the major part of the Members at Westminster, whether they consult the Assembly for fashions sake, or in sincerity, we are likely to have none at all. When Master Speaker shall put every particular Forme to the Question, the maior part, by reason of distraction in affection or opinion, not concurring upon any one, one by one they will all be voted out of doors. For example, Shall the Presbyterie succeed? All the Independents, all those that [Page] are affected to Episcopacy, all that are enamoured of any new platforme of prudentiall Government by Lay Commissioners, will with one voyce cry, Not content. And such like for the rest; whatever Forme shall be proposed, there will be three to one oddes against it. Till this difference be reconciled, if they will not pardon, I hope they may be intreated to reprieve Episcopacy; and till we have either found a better (which we never shall) or be agreed upon another Government, Contenti simus hoc Catone.

IV. But will extirpation of Prelacy be sufficient to glut the malice of the Covenanteers? Nothing lesse, there is a clause in the Covenant, which is younger brother to the &c [...] in the Canons, of as large extent and more dangerous consequence. For here they sweare to extirpate all other ecclesiasticall Officers depending upon that Hierarchie. That is, if they would speak plaine English, all the Ministers in England that have been ordained or instituted by the Archbishops, or Bishops, or have been inducted, into their charge by any Archdeacon. I hope I need not yet presse the iniquity of this consequence, but it is requisite I shew the truth of it. And let the Countrey know, that the most zealous Covenanteers in the City are composed of Brownists, Anabaptists, and other Brethren of the Separation, who have constantly traduced the calling of our English Clergy as Antichristian. Vid. Lawne, Schisme of the Brownists, p 78. It is the 29th Article of their ancient Confession, that not onely the Hierarchy, but The Priests and Deacons of England ordained by Bishops, are a strange and Antichristian Ministery, and OFFICERS not instituted by Christs Testament, nor placed in or over his Church. Hence it was that when Master Ainsworth and his Company separated from Master Iohnson and his Church, it grew to a Law suit betwixt them in Amsterdam who should have the house allowed them by the City for their publique meetings. The Iohnsonians objected, the other were Schismatickes; and the Ainsworthians would needs prove those were Apostates, that they had fallen from their first Faith: particularly, tha [...] they had placed over them one that was made Priest by a Lord Bishops Ordination [...] and had not ordained or imposed hands upon him again, contrary to their 29th Article: as also against the 32d Article of their Confession, which testifieth that all such as have received[Page]any of those false Offices of the Lords Bishops, are to giv [...] over and leave them. The Authour of the Countermarch to Master Iames his Retreat, endeavours to prove the Church of England a false Church, and to deny some fundamentall points of Doctrine, by this Argument: because it denieth Christs Kingdome and Prophecy, inasmuch as it appointeth men to prophecy, to preach and administer the Sacraments by virtue of a calling which Christ hath not appointed: for the calling of the Ministers of England is by the presentation of a Patron, by the institution of a Lord Bishop, and by the induction of an Archdeacon, which are the meere inventions and devices of men. Therefore the outward calling is false and humane: wherefore as it was an errour fundamentall in Ieroboam's Church, 2 Chron. 13.9, 10. 1 Kings 12.31. that Priests were made after his devising: so is it an errour fundatall and corruption essentiall, to make Bishops, Priests, and Deacons, which have a devised Office and forme of calling essentially differing from that which God left in the Church for the calling of his Officers and Ministers.—The Minister must renounce his corrupt calling by the Bishop, and enter by the true calling taught by Christ. And let this be shewed by any Minister of any parish of Engl [...]nd, if you can. If not, then are they still not truly called, so no true Ministers of Christ in regard of their calling. I have laid down this testimony more at large, that I might spare the producing of any more to the same purpose out of the Writings of Barrow, Cookie, Can, and other Separatists; with whom nothing is more frequent than to condemne our Ministery for Antichristian; and to make it no lesse than Idolatry, to serve Go [...] in and by such a devised Ministery.

How many Disciples these men have in London, and how Orthodox this Doctrine is amongst the Covenanteers, we may guesse in part, if we call to minde Master Burton, or who else was the Authour of the p. 8. & 9 [...] Protestation protested. He put the question to our English Clergy [...] What if the calling of the Ministery it selfe should prove a piece of popery? And referred it to their consideration, Whether they were able to prove themselves the Ministers of Christ lawfully called, when all of them do immediately derive their Ministery from the Antichristian Hierarchy, or Papall Prelacy, as the sole foundation thereof. This Doctrine found so much countenance even in those dayes, that neith [...]r the book [Page] was thoutght fit to be censured, nor the Author to be questioned, though his Majesty complained of it more then once. And whether the Independents, to whom the Spirit of expounding is most familiar, will not hereafter, when time serves, expound those words of their new Covenant, All Ecclesiasticall Officers depending upon the Hierarchy, according to their old wont, of all the Ministers ordained by the Lords Bishops, and what will be the consequents of such an exposition (which I forbeare to presse) let the whole Clergy of England, and the rest of the Kingdome consider and beware.

V. To sweare or endeavour such an Extirpation of Bishops, Deanes and Chapters, as is aymed at by the Covenanteers, is not onely unlawfull by the positive Law of this Kingdome, but, as in the highest degree Sacrilegious, utterly against the Law of God. To prove which, I shall premise these undoubted grounds of truth. First, that it is Math. 20.15. lawfull for any man to doe with his owne what he please, so he doe not misemploy it to a bad end. Secondly, that by the Law of God, any man may dispose of his meanes as well, if not better, for a pious use (as the encouragement of Learning, for maintenance of Religion) to a Body Spirituall in succession, as to his Heires or Executors, or any secular Corporation. Thirdly,Acts 5. 4. that by our Lawes the present Beneficiaries (Bishops Deanes and Chapters &c.) have as true a propriety in their Church-means, as any other person hath in his lay-Fee. Fourthly, that what is on [...]e devoted to a Sacred use, cannot, without S [...]criledge, be converted to a prophane. To which purpose I sh [...]ll not insist upon any testimony of Scripture (as haveing been sufficiently done by Sir Henry Spelman, De non tem: eccles. M. Sempill Sacriledge Sacredly handled. M Vdals Coale from the [...]lter. D. Gardiners scourge of Sacriledge. &c. others) but onely quote (what will be in some mens esteem of more Force) the de [...]ermination of an English Parliament 25. Edw. 1. Which declar [...]s that lay men (they speak of them [...]elves, as a Parliament) have no authority to dispose of the goods of the Church; But (as the holy Scripture doth testifie) they are committed onely to the Priests to be disposed off.

From hence I shall inferre, First, that, ex plenitudine potestatis, for a Parliament to deprive any one Bishop, Deane or Prebend of his present maintenance whereof he is Legally possest, unlesse it be by way of punishment for some personall delinquency, is as [Page] high injustice as to diss [...]ile any other man of his free-hold without cause. Secondly, that though Bishops, Deanes and Chapters &c. saving the Right of propriety to the present Beneficiaries, quo jure quâve injuriâ [...] should be abolished for the future, yet to convert their meanes from a Religious to a secular use, contrary to the known intentions and will of the Founders, cannot be excused from downe-right Sacriledge, and would be the ready way to bring upon us and our posterity all those fearful execrations with which those lands were at first devoted to God and the Church; and we should drink up the dregs of that bitter cup of Gods wrath and displeasure, of which, it is to be feared, our forefathers supped too deep. The Lords and Commons at Westminster, in their Feb. 1642, E.C. p. 918. Ordinance for humiliation, confesse the Idolatry and bloud-shed in Queene Maries daies to have a more immediate influence upon the destruction of this Kingdome, For which to this very day was never ordained such a solemne publique and Nationall acknowledgement of those sinnes, as might appease the wrath of that jealous God, against whom, and against whose people, with so high a hand they were committed. I doe from my heart subscribe to this Confession. But may I not adde from St Paul, Rom. 2.22. Thou that abhorrest Idols, Committest thou Sacriledge? May we not feare that the Sacriledge of King Henries dayes cryes as loud for vengeance in the eares of the Almighty, as the Idolatry of Queen Mary; this may seem a transient sinne, which dyed with her person, but that is still intailed upon our Posterity. And we have never had any Solemne Nationall acknowledgement of it, or publique humiliation for it. The poore Kirk of Scotland may in this be a patterne worthy our imitation, Assembly at S. Andrewes. 1582. which enjoyned a generall fast throughout the Realm, for appeasing of Gods wrath upon the land for the crying sin of Sacriledge. It is not very many yeares agoe, since a Learned Sir Fran Bac [...]ns [...] Consid [...] States-man of our owne, observed the Lands of the Church did passe in valuation between man and man, at a lower rate then other temporalties; and he thought all the Parliaments since the 27, and 31. of Henry 8. to stand obnoxious and obliged to God in conscience, to doe somewhat for the Church to reduce the Patrimony thereof: since they debarred Christs wife of a great part of her Dowry, it were reason they made her a competent Ioynture. But we have lived [Page] to see them of another minde; I pray God they doe not bring upon this Land the sad effect of that H. Huntington. lib. 6. [...]. Higden. lib. 1. [...]. ult. ancient Prophecy, an utter desolation, by a forraigne ignoble Nation, for our treason and contempt of Gods House. That which Pererius in Genesin. 15. 16. some of latter times did expect to see fullfilled upon us, when they observed our sinnes, like the iniquities of the Amorites, almost full and ripe for judgement, and told us the time was not far off.

I doe seriously perswade my selfe, that not a few of our Covenanteers, if the truth were knowne, doe stomach more at the meanes, then at the Government of our Ghurch. It is neither the calling nor the persons of Bishops, or Deanes, but the Bishoprickes, and Deanaries that are A [...]ichristian and Malignant; and so they were fairely possessed of these, they care not whether those sink or swim. If the Presbytery were as rich as Episcopacy, and this as poore as that, the case would quickly alter, and the holy Discipline be in danger to be turned out of doores. It is not Conscience, but interest that makes Prelacy have so many back friend [...]. It is therefore declared that the publique debts shall be paid out of the Estates of Delinquents, and Malignants; by which they professe they understand in part all Prelates and their Dependents. This, if it were true, might be some ground in justice and reason for the Sequestration of that temporall right which these men have in their Estates; but none at all for alienating the perpetuity to a secular use; unlesse God himselfe be a Malignant; of whose Patrimony his Ministers are onely usu-fructuarii: Or seeing the Covenanteers pretend to fight God's Cause, therefore they will make him pay their wages. If the men be peccant they plead no exemption, no impunity; sure the meanes is innocent.

The Scripture is more 1. T [...]m. 3.2. Titus 1.8. expresse in requiring Hospitality of Bishops then of other men, and therefore in congruity never meant they should be so straitened in their abilities. They are injurious to God who think he would expect to reap more plentifully, where he sow'd more sparingly. If the portion assigned by him to the Levites under the Law, may be any rule to judge of the Ministers competency under the Gospell, their revenues will be found much above the proportion of their Brethren.

[Page]It will not be so proper for this Discourse to insist much upon any politique considerations for conservation of the Churches patrimony: as the constant revenue which it affords to the Crown, by Tenths, first-fruits, and other annuall charges; the ordinary supply by way of Subsidy, or the extraordinary by Loanes and Benevolences, wherein the Clergy are ever rated above other Subjects in proportion. The faire and free Estates which their Tenants enjoy under them upon easie termes, not racked by such oppressions and exactions as are usually complained of from other Landlords; the many poore Officers and their Families which are sustained by them in a liberall and ingenious way; the great edge which they set upon Students in Divinity, so long as they remaine the prize of virtue and industry; the grandeur, wealth, and reputation, which the Cathedrals occasion to the Cities, by the frequent resort of strangers, and others who have businesse to the Chapters. But if they shall upon any pretence be swallowed up by those Harpies who gape after them, the Exchequer will quickly finde the want; the publique burthens will lie more heavie upon the common People; their Tenants will be reduced to the hard conditions of other neighbours; their under-officers with their wives and children, if they cannot digge, must be enforced to begge; the poore will misse of their almes; and when the reward of piety and learning is taken away, nothing but Barbarisme and Ignorance will succeed in the place.

If nothing that hath been said will move with the Covenanteers, who have conspired the ruine of this flourishing Church, let them examine whether their intended rapine upon the meanes of this be not directly contrary to the Doctrine and Discipline of the Church of Scotland, which they sweare to preserve. Their grand Reformer Iohn Knox in a Aug. 3. 1571. letter upon his death-bed commands his Brethren of the Assembly at Sterling, with strength in God, to gainst and the mercilesse devourers of the patrimony of the Church. If men will spoile, let the [...] do it to their owne perill and condemnation. But communicate yee not with their sinnes, of whatsoever estate they be, neither by consent, nor yet by silence. But with publique Protestations make this known to the world, that yee are[Page]innocent of such robberies, which will ere long provoke Gods vengeance upon the committers thereof, whereof yee will seek redresse of God and man. Their first 1569. ca. 6. Book of Discipline defines the Churches patrimony to consist not onely in all manner of Tithes, but in all things doted to hospitality in times past, with all annuall rents both to Burgh and Land: and declares all those who had got any of it into their hands, to be thieves and murtherers. Their second Cap. 9. Book of policy is more full in setting forth that patrimony, and concludes, that to take any of it away, and convert to the particular and profane use of any person, is detestable sacriledge before God. One of their Edenb. 1591. Assemblies appointed M. Robert Pont to write a Treatise against Sacriledge; and Ibib. 1595. another laments the growth of it, to the utt [...]r undoing of the Church, and staying of the planting of the Gospell; to the overflowing of the Land with Atheisme, and all kind of vice: there being above foure hundred Parish [...]hurch [...]s destitute of the Ministery of the Word by and about the Parishes of Argile and the Iles.

Let then our Covenanteers be well advised, if not for justice sake to the Governours of our Church, if not for charities sake to their Dependents, if not for Honours sake, as they expect to heare in other Nations and after Ages, yet for God's sake, for conscience sake, for their Oaths sake, for the Doctrine of Scotlands sake, let them not rob the Church under colour of reforming it.

VI. I must here subjoyne by way of appendage, that considering the King at his Coronation hath bound himselfe by Oath, to defend the Rights and Liberties of the Clergy in generall, and more particularly of the Bishops, if he should give them up for a Sacrifice to the will of their Adversaries, and upon any suggested grounds of policy passe away their Rights without their consent, (which they are bound in conscience to conserve) though in such a case their Allegeance ties them, not to resist, yet (with humble reverence and submission be it spoken) I know not how he shall stand excused before God or man from the foule crime of perjury; and therefore it must be unlawfull for any to endeavour to force his assent to an act so contrary to his Oath, as is this intended by the Covenant.

For clearing of this point, I shall grant, first, that no Oath is obligatory [Page] beyond the true intention of it. Secondly, that any Oath taken for the benefit of another may be released by the consent of that party for whose behoof it was taken; or otherwise it may not [...] To this purpose see the Oath of the Princes of Israel to the Gibeonites, Iosh. 11.15. though not approved by the people, vers. 18. yet was the breach of it severely punished by God himselfe, 2 Sam. 21. though it be to the takers own losse. Hence I inferre, first, that the Kings Oath for the preservation of the publique Lawes of the Kingdome, does not binde him precisely to the perpetuall observance of all those which were in being at the time when he first took his Oath, so as to exclude his consent to any future alteration; but onely so long as regularly they continue in force: and that when the Lords and Commons in Parliament, as representing the Kingdome, shall petition for any alteration, the King, if he see cause, may consent unto it, notwithstanding his former Oath, as having a relaxation from the Kingdome to whom he swore. But secondly, his Oath to the Bishops and Clergy, being not a publique but a particular one, he cannot, salvo juramento, without their consent, give way to the making of any new Law in derogation of their Liberties which he has sworne to defend.

The subject of the legislative power in any State, though by reason of the Supreme jus dominii over the persons and goods of all the Subjects, he be above Law, yet will not that make him above his own Oaths and promises to particular persons. For a Law gives a right against the Law-givers, onely so long as it is a Law, that is, no longer than till it please them to repeale it. But a promise or Oath made to another, gives a right against him that made it, as long as the Creditour pleaseth. Were it not thus, the publique Faith passed by the King and Parliament were of lesse value than any private mans bond, they might void it when they please; all promise of pardons granted to Rebells or other Delinquents might be rescinded, and no security could be had by them. The reason I conceive to be this, the King here, and whosoever in other places is the subject of Supreme Power, though they be originally free from any engagement to inferiour Subjects, yet (if they will) they may in some things bring a restraint upon their absolute Supremacy, Vnusquisque potest cedere jure suo, as well for the advantage of particular persons of their own Dominions, as to Princes, or People of another Nation. Which if they do, their own act shall binde them; in justice, if it were but [Page] a ba [...]e promise; but in Religion and Conscience, if it be confirmed by an Oath deliberately taken, and the matter it selfe be not unlawfull. For this superaddes a religious band unto God, from which they can neither free themselves, nor any other absolve them, unlesse those in behalfe of whom it was taken do release their interest. If this were not so, no Oath could be binding unto them.

I wil not deny but sometimes there may be just occasion for a King or State to make use of their Supreme Power to the present prejudice of particular persons, as in case of Invasion to destroy a private mans goods, that they may not come into the enemies hands; but then, I suppose, they are bound in conscience and equity to make him reparation out of the Common-wealth for his private losses, deducting so much as he for his part should be liable to bear in the publique charges. Which if they shall refuse to do, and will use their summum ius to another mans injury, there is no remedy in foro humano, but they must answer for their injustice at a higher Tribunal.

Here is now the case of our English Clergy; the Bishops, Deanes, and Chapters, &c. have not onely a present personall estate in their Baronies and other Temporalties, as good in Law as any freeholder in the Land; but the Body of the Clergy have a perpetuall Right in succession; both which his Majesty hath by many reiterated E.C. p. 23. Protestations vowed to maintain; and by the solemne 291.355. Oath at his Coronation (which has been so often pressed to other purposes) sworne to keep the Lawes, Customes, and Franchises granted to the Clergy: to preserve and maintain to the Bishops and Churches committed to their charge, all Canonicall Priviledges, and due Law and Iustice, and to be their Protectour and Defender to his power, as every good King in his Kingdome in right ought to protect and defend the Bishops and Churches under their Government. After the solemne emission of all which Oaths and Protestations, as it were a great sin if his Majesty upon temporall ends or by-respects, without any offence of the Clergy, should put their persons out of his protection, much more if he should cancell all their ancient Rights, and alienate their meanes, the thought whereof his righteous soul [...] abhorres: So they cannot be [Page] excused from the guilt of perjury, who either by sly insinuations shall go about to incline, or by armed force labour to compell him to the breach of his Oath. The former may be the practice of evill Counsellours, the latter is the Designe of these Covenanteers. I will not define, which are more inexcusable; their ends may be the same, the maine difference is in the meanes, and this it is; these would extort injustice from their Soveraigne, those would perswade him to it, and so by making him lesse unwilling would make him more guilty; if the God of Heaven, in whose hands are the hearts of Kings, do not (as hitherto he has done) strengthen him with sufficient grace against the subtilty of the one, as with power against the violence of the other.

VII. If all the particulars in the second Article were indeed criminall, yet they ought not to receive equall punishment; much lesse ought all persons without respect, whether truly or supposedly guilty of them, be (as is here vowed) in like manner extirpate. Nature hath made a difference in crimes; Religion and Law admits of a distinction betwixt persons, but this Oath confounds all. Divines were wont to distinguish of Papists, betwixt Seducers and Seduced; Heretiques, and their adherents; those the Lawes have sentenced to death, but allotted to these a milder animadversion, as of whom it may be true which Salvian spoke of some Arians, affectu piae opinionis errant. But from these rigid Covenanteers a seduced Lady must expect no more mercy than a professed Iesuite. Nay, the King himselfe if he be but prelatically affected, must look for no better measure. By their own confession his Person is in danger. If we look backe upon what passed betwixt his Majesty and the two Houses upon that occasion, we shall finde them thus reasoning against his going into Ireland. April 18 [...] 1642. E.C. p. 141 [...] If your Maiesty shall go, you will very much endanger the safety of your Royall Person. Which will be subiect not onely to the casualty of warre, but to secret practices and conspiracies; especially, your Maiesty continuing your Profession to maintain the Protestant Religion, which the Papists are generally bound by their Covenant to extirpate. Now then, his Majesty continuing his profession to maintain Episcopacy, which these men are generally bound by their Covenant to extirpate; shall not his Sacred Person, by the same [Page] consequence, be subject to the like practices, from them who have added this clause more than the Papists had in their Covenant, to extirpate all without respect of persons?

The consequent hereof is a thing in it selfe so horrid and injust, that the sober Writers against Monarchy, have not been ashamed to professe, that be the crimes of Kings never so profane, yet their persons ought to be sacred, not to be violate, not to be touched. And some of the most active well-willers to the Cause, have granted thus much truth to us, that difference in Religion makes no difference in the Right of Kings.

The Lord Disc. Sect. 1. c. 9. p. 49. Brook professeth, he is not of their judgement who say, None that are without the pale of the Church have right to any thing here below: but clearly conceives a heathen Emperour may be as lawfull a Monarch as any Christian Prince. And I shall sub [...]ect this reason to it; because Temporall Dominion respects men, as they are men, in a civill, politique capacity; not as they are Christians, Papists, Protestants, of this or that Religion. We need not fetch precedents from forreigne Countries, the approved practice of our own Kingdome will confirme us in this Truth. After the death of Edward the sixth, when the Protestants could see nothing in Qu [...]en Mary but what threatned ruine to their persons, and (if it were in her power) to their Religion too, yet they never questioned her right of succession to the Crown because she was a Papist. Nor did the Papists upon that ground oppose against Queen Elizabeth in the first Parliament of her Reigne.

If it be needfull to adde any examples from Scripture, we shall there reade that divers Kings of Israel were Idolaters, 1 Kings 11.5. 2 Chron. 25.14. & 33. 3, 22. Solomon, Am [...]ziah, Manasseh, Amon, and though the Deut. 17.2. Law was punctuall that Idolaters should be put to death, yet we shall never finde that either the People did, or the Prophets exhorted them to attempt any thing against the Persons, or to withdraw their Allegeance from the Government of those idolatrous Kings.

This present Oath then is in that particular injust, because it provides not for the safety, but implicitly vowes the destruction of his Majesties Person, in case he be thought obnoxious to Popery, Prelacy, Superstition, Heresie, Schisme, or Profanenesse; all [Page] which the Covenanteers sweare to extirpate, without respect of persons.

VIII. Those Malignants or evill Instruments, whether truly so called, or falsely suspected, must all be brought to their triall, and receive punishment, as the degree of their offences shall require or deserve, or the Supreme Iudicatoryes of both Kingdomes, or others having power from them for that effect, shall iudge convenient. So as, though the supposed offence of a Malignant do not deserve to be punished with confiscation of his Estate, with death, or bands, yet if it require it, or if the Supreme Iudicatory, (what that meanes, I do not question) nay, if any inferiour Iudge delegate from thence, shall thinke it convenient, be the crime what it will, never so small, never so great, be the Law for punishment of it never so expresse, all this is not considerable, these Iudges are not tied to any rules of Law, but convenience. If they thinke fit, the killing of a thousand men shall be lesse capitall than the cutting off a dogges necke. Treasonable words against a worthy Member shall be severely punished, but against the King they shall passe unreproved. What though there be lesse justice, there is more convenience in the killing and sl [...]ying all such as are made Delinquents by Vote, then in discouraging such as are Traitour [...] by Law?

For any Iudicatory to arrogate a power of punishing offenders, meerly as they shall judge convenient, and condemning them because they will, though the degree of the offence do not so deserve, is most tyrannicall and injust; and to delegate such a power to others as they cannot challenge to themselves, is to propagate injustice for convenience sake. In this Covenant such a power is pretended to be due to some, and deriveable upon others, and all the arbitrary exorbitant sentences, which either those supreme, or these delegate Iudges shall thinke fit to passe, all the Covenanteers sweare to endeavour.

CHAP. X. That the Covenant is repugnant to those generall ends for which it is pretended to be taken.

[Page]

HAving dispatched the Efficient and Materiall, we proceed to examine the Finall Causes of the Covenant, which are set down in the Title and Preface to it; they are (we confesse) very good in themselves, but such is the nature of the Covenant, that the taking or observing of it, is either inconducing to, or utterly inconsistent with those proposed Ends, and therefore unlawfull.

I. The first maine End is pretended to be here, what in Truth should be the supreme End, of all humane actions, The glory of God. However some seduced Zelots may have an actuall intention of referring this their Oath to that End, yet the thing in it self being incapeable of any such relation, there cannot be a greater profanation of Gods Ordinance, or indignity offered to his Honour, than the abusing of his Name to unlawfull acts, Uti Deo ut fruamur mundo. They who least reckon of his glory are most ready to make use of that pretence. All the Popes Bulls, thundered out against Princes, did ever begin, as this Covenant doth, with a Nomine Domini, Having before our eyes the glory of God. There is nothing more certaine, then that the sinfull devices of men do not conduce to the glory of God.

II. The next generall End is said to be Religion, pure Religion, a common cloake for Rebellion in all age;—Saepius olim,

Religio peperit scelerosa atque impia facta.

The Sicilian Vespers, the Massacre at Paris, the Gun-powder Treason, were all, forsooth, pretended to be for the advancement of the Kingdome of Christ, for the Reformation and Defence of Religion. By which I suppose the Covenanteers understand the true Protestant Religion in opposition to Popery. Yet I am confident this course of theirs tends more to the advancement than extirpation not onely of Popery properly so called, of that Pope which every man has in his own belly, but even of Romish Popery: [Page] and serve [...] rather to confirme that Antichrist in his Throne, then any way to weaken his force. I am quite of another minde then Covenant with Narrative. p. 32. M. Henderson, had the Pope of Rome knowne what was done that day, when he made his Speech at Westminster, it would have made his heart dance for joy, to see the Protestants mutually vowing the destruction and extirpation of one another.

Hoc Ithacus velit. This is not the way to unite our selves against the Common Enemies, E. C. p. 21. who are the better enabled by our Divisions to destroy us all. When Beares and Lyons goe together by the eares, it is victory to the sheepheard if both be destroyed. We are now doing that of our owne accord, which the Pope with all his arts and industry could never bring about. He prayes for the continuance of our Warres, as the establishment of his peace, with that old Roman, Maneat, quaes [...], duret (que) gentibus, si non amor nostri, at [...]erte odium sui. Quando, urgentibus Imperii fatis nihil jam presta [...]e fortuna maj [...] potest, quàm hostium discordiam. They who, in cold bloud, pronounced the peace and quiet of this Kingdome to be the E.C. p. 36. onely visible meanes under God to preserve the Protestant Religion, if [...]hey now sweare no peace, but utter extirpation—Iurata nepotibus arma—sure the care of Religion is the least thing that troubles them.

This then is one meanes whereby the Covenant advanceth Popery, confessed and visible, our distractions amongst our selves, there is a second more close, which I doubt the Iesuites and other Emissaries make as much use off, to the seducing of weake soules. Namely that the Covenanteers here in England have left, as to themselves, no visible Church, no knowne rules of Doctrine, no set forme of Government and Discipline, and therefore they begin in London to erect new Church-Societies according to every mans fancy and humour. This is false for the maine ground, for as our King, so our Church, is still the same, Nun quam obscura nomina, licet aliquando obumbrentur. Both under a cloud in some places; but though they doe not sh [...]ne in their full lustre, yet are they not so darkened but any may see them, who doe not wilfully shut their eyes against them.

I must not repeat, what I have proved already, that this Reformation intended to be brought about by the Covenanteers, (as it is [Page] already beg [...]n) by force of Armes [...] raised by Subjects against the Law, to which they owe, and the Prince to whom they have sworne Obedience, is a thing not onely unwarrantable, as contrary to the word of God, the nature of Religion, the practice of the true Church in all ages, and the exper [...]ence of former times, but even against the rules of prudence and civill policy.

III. The third End proposed to this Covenant, is the Honour and happinesse of his Maiesty and His posterity. Where the King must of necessity be understood in a personall, not in a politique capacity; for in that onely he can be said to h [...]ve posterity, in this he never dyes. Now for his Spirituall happinesse it must be granted, the many injust provocations frō these Covenanteers have afforded him sufficient matter of Christian patience and meeknesse, for which he may expect a more eternall weight of glory in the heavens, having on earth had so deep a share in that Royall virtue, Bene facere & malè audire. But how farre their former actions, and so in likelyhood their present intentions, are opposite to the personall Honour, and temporall Happinesse of His Majesty, let them speak and the world judge. If E.C. p. 80. whatever violence be used against any that exercise the Militia, cannot but be taken as done against the Parliament; by [...]he same reason, whatsoever is done or said against those that execute His Majesties Commands, he cannot but take as done against himselfe: much more those aspersions cast upon His Answers, Messages, Declarations, Proclamations, and other avowed actions of his owne, tend immediatly to his dishonour. The scandalous Ib. p. 67.68. impu [...]ations upon his Government, forged in the same shop with this Covenant: the defamations and invectives against his Person, suggestions against his sincerity in Religion, if not countenanced never punished, though often complained off, were these to his Houour? The seising and detaining of his Townes, Forts, Magazine, Navy, Houses, Children, was this for his Happinesse? Directing their Cannon more especially against that part of his Army at Edge-hill and Newbury, where his Sacred person was knowne to be, was this for his Safety? If these things be dishonourable in themselves, it matters not by whose command they were done; that does not alter their nature, and make them cease to be so. Whether their thoughts of his Children and [Page] Posterity be so full of Honour as they here give out, we shall be glad to know by their fruits hereafter; and, unlesse those reveale themselves to the contrary, shall not further question the truth of their pretensions.

IV. The fourth End of the Covenant is Liberty. The common frontispeice to all popular Rebellions. Libertas & speciosa nomina praetexuntur; nec quisquam alienum servitium & dominationem sibi concupivit, ut non eadem ista vocabula usurparet, What a precious con [...]erve of publique Liberty, what a sovereigne Antidote against any growing Tyranny this Covenant is like to prove (which is principally enjoyned for the support of those men [...] power, who, under pretence of defending, have already destroyed whatever had the face o [...] Liberty by anunheard of Tyranny) may be easily discerned by presenting some few of their exorbitant invasions upon the Common Libertie of the Subject.

I am unwilling to be ever bearing upon that harsh string, the Liberties of the Clergy, which by the Magna Charta, cap. 1. Lawes of this Land are none of the least. Suffering the People to abuse the Bishops that they might complaine, and then punishing them for complaining: turning them out of those walls where they had sate ever since there was a Parliament in England: usurping the power of the Convocation, in refusing to passe such Subsidies as they had freely granted, and imposing others upon them without their consent: Determining without and against their advice, in matters of Religion and Ecclesiasticall cognizance: Substituting in their place other Factious Spirits, neither chosen by the Clergy, nor approved by His Majesty: dispersing printed Tickets, inviting all men to accused them, and publishing to the world the most odious extracts of those accusations, before any proofe made of them, or the parties appeared to their answers; a thing as full of scandall to the Religion of the accusers, as of injustice to the parties accused: Fineing, Imprisoning, Sequestring, and depriving them without any due processe of Law: all these and more I could presse, but if the Liberties of other Subjects have been preserved entire, I am content the Clergy suffer.

We have been informed at large by the 1. Remonstrance of the State of the Kingdome. House of Commons wherein the Liberties of the Kingdome consist, and how they were infringed before this Parliament. If there be any particular [Page] mentioned by them, wherein the Covenanteers have not equalled or exceeded all former pretended violations from the Crowne [...] let our sense of the present confer with our memory and experience of the former times, and freely pronounce, whether that Remonstrance had more of History or of Prophecy.

Those distempers which before assaulted, never till now over-whelmed and extinguished the Liberty, Peace, and Prosperity of this Ki [...]gdom, nor weakened and undermined the foundation and strength of the Royall Throne.

The forced Contributions upon the Propositions are executed with more cruelty upon refusers, then any moneys formerly taken up by Commissions of Loane.

The Petition of Right and Priviledge of Parliament have been insufficient to protect either other Subjects, or the Members of that great Councell, from fines, Imprisonments without baile or Habeas Corpus, from triall of some, and Execution of others by Martiall Law.

Tunnage and Poundage are received, E.C. p. 121. contrary to an Act made this present Parliament, without any colour of Law or precedent to warrant it.

Shipmoney and Monopolies are revived under the new name of Excise, to the value of many thousand pounds a moneth. A thing on their part so odious and illegall, that they who now impose it did once seem so far [...]e to detest it as to put out a Declaration, Ib. p. 638. calling it, A scandall raised against them by Malignants.

Not onely private interest but Publique Faith has been broken by them, in neglecting to pay the Scots, according to agreement, employing that and the money raised for reliefe of Ireland, to the maintaining of an unnaturall Warre in the bowels of England.

The Covenanting Committees have committed more rapes upon the common Liberty in one yeare, than all the Courts of Star-chamber and High Commission from their first Erection.

Iudges have been taken off the Bench by armed men and sent to Prison, for refusing to do against their Oaths and conscience, as Iudge Mallet. Others have been so awed, that they durst not do their duty: and the better to hold a rod over them, they have been impeached and committed for High Treason; yet brought to [Page] sit upon the Bench again before any Triall or Sentence of Absolution, as Iudge Bartlet. Commands have been sent to prohibit their proceedings in severall particular cases.

Iustices and Iurors have been superseded from enquiring upon Routs and Tumults, and the common Iustice of the Kingdome hath been obstructed by Ordinances, prohibiting the holding of Assises, notwithstanding the Generall Protestation for the free course of justice.

New Oaths are enforced upon the Subject without Law.

The usuall course of pricking Sheriffes not observed, but mock-Sheriffes appointed by a new forged Broad Seale.

Master White and his assistants triumph in the Suspension, Sequestration, or Deprivation of many painfull, learned and pious Ministers.

Many noble Personages and other Patriots, are Parliament-men in name, but the Power and Authority is wholly devolved upon a few, whose resolutions and determinations (if they be brought at all) are onely brought into the House for countenance and execution, not for debate and deliberation.

All military charges encreased and exercised: Souldiers, against their will, daily pressed by Ordinance, contrary to an Act made this Parliament.

Are we any whit the more secured in our persons or estates, so long as the root of all these evils is not truly taken away, but onely transplanted? Which was acknowledged to be the Arbitrary Power (formerly pretended to be in his Majesty, but now usurped by the Covenanteers) of taxing the Subiects without consent by Act of Parliament. If the blow be the same, it smarts as sore whatever hand inflict it. To change our masters is not to be free. If they truly confessed, (in the case of Hull) it were in them an Act of high iniustice should they destroy mens properties, when we see them daily do it, must we call it therefore just? They have urged against the King what holds strongest against themselves; E.C. p. 858. If by Law they might charge the Subiect for defence of the Kingdome in time of danger, they were ill advised that desired aide of the Subiect in such times, and engaged themselves (as we know they have done) without a salvo jure, for repayment. Admitting it [Page]should be so, that without this power of imposing Contributions it were impossible to defend the people, it followes not that therefore they may impose such Contributions. Ib. p. 846. If M. Pym's excuse be yet authentique, the same Law that enables them to raise Force [...] for defence of the Kingdome, enables them to impose Taxes for maintaining them, otherwise that power were vaine and uselesse, it will serve the King in good stead; he it is who is entrusted with the power of defending the Kingdome; he to whom the two Houses themselves sue for protection; he to whom they confesse Ib. p. 700. All mens persons, lands, and monies, are subiect for the publique good.

V. The last generall End of the Covenant is Peace: it is true [...] the chiefe Covenanteers did once professe their detestation of a Civill Warre, Ib. p. 464. If it might be avoided without alteration of Religion, which they conceived to be the main End of their Enemies, and such as would draw with it l [...]sse of Liberty, and subversion of Law. This now appeares to be their own main End; for what else is intended by their Oath for Reformation of Doctrine, and extirpation of the Government in our Church? What was it that altered the Popish Religion into Protestantisme, but Reformation? And do not these aime at a greater alteration both in Doctrine. Discipline, Government and Worship, than ever the Papists went about?

If they had been cordially affected to Peace, we had never been driven to these sad extremities of war. They might have had it before the Sword was drawn or a blow struck; no new Religion was pressed upon them; no Law denied which might conduce to the publique safety. Since the warre begun, severall Treaties for accommodation have been proffered to them; the most rejected, others made fruitles by them. But if war be the onely meanes to procure Peace, if weakening and impoverishing the Kingdome be the way to preserve it, what hopes have we but in desperation? May they not yet have Peace, if they will embrace it with the same Religion, the same old Lawes? A gracious pardon is freely offered to all that will accept it. The happinesse of a blessed peace concluded between the two Nations, what hinders the continuance of it? Extirpation of Church Government was no condition of that Pacification.

[Page]Certainly, then these destructive wayes of the Covenanteers do not lead immediately to it, but are they likely to end in Peace? Yes, when they have extirpated all opposers, Vbi solitudinem fecerint, pacem appellant. Yet I doubt of that too. The chance of Warre is uncertain; they could not bring their ends about when they had more strength and lesse opposition; which if they shall ever do, they must know that Lawes made by the Sword are but short-lived; they will be unmade so too. Doe they hope so throughly to root up the Royall Vine, and spoile the Branches, that there will not be left [...], so much as to powre upon the Goates hornes? There will never be wanting a Title to the Crown, and justice, or compassion, or faction at home will finde, and interest abroad will lend a sword to defend it.

Besides, it will aske some time to extirpate Popery, Prelacy, Delinquents, Malignants, &c. who being all declared Traitours, and by this Covenant devoted to destruction, sure they will sell their lives as deare as they can; they can expect no worse by fighting than they must undergo by submitting; it is more honourable to die by the sword, than by the halter. Moriendum victis, moriendum deditis; id solum refert novissimum spiritum per ludibrium & contumelias effundant, an per virtutem.

But say the Covenanteers should at last be masters of their most improbous desires, the Kingdome by that time will be so exhausted of men and money and other necessaries, by a long Warre, and the consequents of it, Plague, Famine, and Decay of Trade, that it will be exposed for a prey to any stranger that shall thinke it worth invading, who cannot want as faire a colour as the Scots, either to interpose as Mediators, to propagate their Religion, to protect, or rescue, or revenge their injured friends. Or if all other States should be asleep while our house is on fire, what security can we have from our deare Brethren of Scotland; who [...] though it be in Gods Cause, will not worke but for their wages? and to enhanse those they may pr [...]tract their service so long till all our Treasure will not pay them; and they who come to be partners, will at last look to be masters: Aske the Stories, which will not flatter, what was the event of calling the Saxons and Normans into this Land. We have nothing to secure us from [Page] the like now, save onely the innate candor and veracity of the Nation, so much famed in their own, and ours, and forreigne Major. Lesle. Hall. Harding. Sabellicus. Histories. Sic notus Vly [...]ses!

But if the Scots should prove as honest as they are wise, would there be any certainty of Peace among our English Covenanteers? I conceive not. Consider them of two sorts, the one engaged out of conscience, the other for politique ends. For the first, how shall so many different Sects be reconciled, who are bound by their Oath to extirpate all Schisme? They must fall to it pell mell, the Presbyterians, Brownists, and other Separatists must fight it out. It is not a Parliamentary Power that will restraine them. The same principles which are produced now against the King, will serve then against the States. Their obligations are reciprocall, and if their Excellencies faile in their trust, they know what followes. If any insolent demand of popular zeale be not hearkened to, presently Ad arma. Any turbulent Volero, any factious Bo [...]tefeu, may set a City on fire, but it requires paines and skill to quench it. Quippè in turbas & discordias pessimo cuique plurima vis; pax & quies bonis artibus indigent.

For the second sort of Covenanteers, the Politicians, though their stomackes be stayed for a while, and the common enemy do yet unite them, when he is taken out of the way, those coales of dissension, which can at this time scarce be smothered, will then burst out into open flames. Essex and Waller, Manchester and Willoughby, Denbigh and Purefey, Brereton and Ashton, will then try the strength of their parties. The hopes of sharing the meanes of the Church, and Delinquents Estates, and succeeding in the chiefe Places of Honour and Profit in the Kingdome, which now whets their swords against those that hold them, if they misse or fall short of those hopes, will set as sharpe an edge upon them against their new Rivals; they must needs fall [...]ut about dividing the spoile. For the preferments being not equall in number to the Competitors, some must be put by; and perhaps those that are advanced, will complain it is below their merits; when every man shall set the rate upon his own Treason, but a few will be satisfied. This will beget new discontents, and those will beget new feares and jealousies, and these will require [Page] new Officers of State, such as may be confided in; and what Peace, what safety is like to be in the end of all this? Very little, unlesse some of the Royall Race again, as Augustus in the Roman State, Cuncta discordiis civilibus falsa, nomine Principis sub Imperium accipiat.

CHAP. XI. That the particular Ends of the severall Articles are likewise inconsistent with the matter of them.

I. AS the whole Covenant is either inconducing to, or incon [...]istent with the generall Ends for which it is pretended to be taken; so are the severall Articles of it to those particular Ends which are specified in them. The Reformation vowed in the first, by such a violent course as they now endeavour it, we have alread [...] proved to be no meanes but rather a hinderance to the growth of Religion, and so to that Life in faith and love, and cohabitation of God among us, which is the End proposed to that Article. The like violent Extirpation of Prelacy (which is no sin) vowed in the second, is so farre from preventing the inconvenience there mentioned, partaking in other mens sinnes, that all who vow it are thereby guilty of sin; much more they who attempt to do it in such a disorderly way: and most of all those, who, by feare or threatening, (which is a morall compulsion) force other men to enter into their Covenant, who are either perswaded in conscience of the iniquity of it, or cannot take it without reluctancy and doubting; and so not without sin. These men making it a touch of other mens affections, and the refusall of it a pretence to spoile and plunder, so causing them to sweare, who, if they do, must forsweare, are most properly and truly partakers in other mens sinnes.

II. Lastly, their End of swearing the third Article to maintain the Rights and Priviledges of Parliament, and the Kings Person and Authority, is said to be, That the world may beare witnesse with their consciences of their loyalty, that they have no thoughts or [Page]intentions to diminish his Majesties iust power and greatnesse. This is vain and impertinent, for the world cannot see into their consciences, nor judge of their thoughts and intentions, otherwise than by their actions. It is acknowledged by the Lord Disc. Sect. 1. c. 8. p. 42. Brook, That Powers are God's Ordinances set over us for good, and that Kingdomes certainly in holy Writ have more for them than any other Government. But let the ius Regium be never so much by Scripture, our King must be allowed no more than he can entitle himselfe to by the Law of the Land, nor so much neither by the good will of the Covenanteers. That the world may have some evidence to passe sentence upon, we shall propose a few particulars, wherein the Kings iust Power hath been diminished, if not abolished by the Master-Covenanteers.

1. The Kings of England have been anciently so fully invested in the Legislative Power, that most of the Common Lawes we are now governed by, do owe their creation or conservation to the meere mercy of the Conquerour. Magna Charta was first granted by Henry the Third

9. Hen. 3.

of his meere free will.

14. Hen. 3. 21. Hen. 3. 3. Ed 1. 6. Ed. 1. &c.

Other Statutes which passe in number and have still the force of Acts of Parliament, are directed as private Writs, with a Teste meipso: and the common stile of most others runnes in this strain, The King with the advice of the Lords, at the humble Petition of the commons, wills, &c. The forme of passing Billes, which is still observed, is Le Roy le veult, and Soit fait comm [...] il est desire. Hence some have collected that the Rogation of Lawes belongs to the two Houses, but the Legislation to the King; that their Act is Preparative, his onely Iussive. The Covenanteers have not onely diminished, but

E.C. p. 709, 710 [...]715,727.

contrary to their Declarations, utterly deprived him of this so iust, so necessary a power, without which he cannot performe his trust, nor discharge his Oath to his Subjects. For they

Ib. p. 706.

challenge him as bound to passe all Billes that shall be presented to him as for the good of the Kingdome: whereby they do not leave him so much power as the meanest Cobler that gives a voyce in the Election, or the Burgesse that is returned and sits in Parliament for any Borough. For any of these may freely Vote in the passing of any Billes, and when there is an equality of Suffrages in the rest of the Members, his single voyce may carry it, and [Page] make that Bill a Law, or no Law. But the King must not meddle in election of Members, he must not take notice of any Bill, till it be brought unto him for his assent, and in case he refuse, it must be a Law without him. Witnesse the Ordinance for the Militia,

Ib. p. 93. & 121.

and that for Tunnage and Poundage: besides infinite others to which his consent was never so much as asked, yet are they put in execution with rigour answerable to their power.

2. The King has a just power, as to divers other purposes, so

33. H. 8. c. 21.

to passe Acts of Parliament by his Great Seale. In diminution of this power, they have declared against his forced absence from Westminster, as illegall; and made an Ordinance that all things passed by him under that Seale shall be void.

3. The Kings just power in declaring Law has been formerly so great, that his Letters have been taken for sufficient Warrants and directions to the Iudges to proceed by; and his

31. H. 8. c. 8. & 34. H. 8. c. 23.

Proclamations to severall purposes of no lesse force than Acts of Parliament. But now that power is wholly

E.C. p. 305, 449,483.

protested against as illegall, and protection is promised to all such as shall oppose it. Yet the ground of it, (declared in the preface to that Act 31. Hen. 8.) is still the same, The Supremity of the Regall Power given by God; and the reason of the

1 Ed. 6. c. 1 [...].

Repeale is quite ceased, which was a willingnesse in the King to gratifie his People, and upon trust that they would not abuse the same, but rather be encouraged with more faithfulnesse and diligence to serve his Highnesse.

4. The Kings power in executing Law [...]ath been alwayes conspicuous, and undeniedly just in granting out Commissions of Oyer and Terminer for the holding of Assises,

28. Ed. 1. c. 8.

and in adjourning the Terme to what place he should thinke fit; a power as anciently due, so of late acknowledged in an Act made this Parliament for the abbreviation of Michaelmas Terme. Yet have the Covenanteers

E.C. p. 194. 898,931.

forbid any Assises to be kept; they have voted the Kings removall of the Terme to be against Law, and promised to keep indemnified all Iudges and others that shall disobey his Majesties Proclamations in that behalfe.

5. The power of making Iustices of Peace is so entirely the Kings by

27. H 8. c. 24.

Law, that it depends wholly upon his pleasure and will. Yet would the Covenanteers diminish his power, for they [Page]

E.C. p. 909.

require that such may be put out of Commission as they desire; and such put in, as were removed without their consent.

6. The power of pardoning is so inseparably and absolutely the Right of the Crowne, that the

27. H. 8. c. 24.

Law estates it wholly and solely upon the King. And it is not long since the Covenanteers did

E.C. p. 270, 715,901.

confesse as much. Yet is nothing more frequent in their Ordinances than to promise protection for the time to come, and impunity for the time past. And does not their Covenant vow the punishment of all Delinquents, without any hope of pardon from his Majesty or themselves?

7. The Kings power over his Household, and the choice of his Officers is so just and reasonable, that they have not stucke to

Observations upon M. Eliots letter, E.C. p. 486.

acknowledge it an undoubted Prerogative to dispose of preferments in his own Family. Yet, next to the robbing of the Church, nothing is more aimed at than to robbe his Majesty of this piece of Soveraignty, to get the disposall of his Servants and marriage of his Children into their hands: as the nineteen Propositions first informed us, and their actions since abundantly confirme.

8. The Law hath placed in the Kings Person a power to protect all other persons: as

E.C. p. 727, 710.

themselves confesse in terminis; and to desire him to part with this power is such a supposition as cannot fall upon a Parliament. Yet has it been long, and still is their utmost endeavour to devest his Person of that power, by excluding him out of the exercise of the Militia, to deprive him of all those meanes whereby he should protect both himselfe and others, by declaring his

Ib. p. 271.

personall Commands, of what nature soever, to be of no force; and by putting such a

727.

distinction betwixt his Person and his Office, as under colour of defending this exposeth that to the vilest attempts that any Traitour can plot, or any Assassine commit.

9. That Supremacy of Power which the Law placeth in the King

1. Eliz. c. 1.

over all States, as well as over all particular persons, which all the Subjects of this Realme, and the Members of Parliament more particularly are bound by Oath to acknowledge and maintain, which they grant to be due unto him, when they desire him

E.C p. 5. & 73 [...]

to protect them in their priviledges, and challenge such protection, as due from him; when they make all their addresses [Page] unto him by way of Petition, and stile him constantly in their Acts their onely Soveraigne Lord. Yet the Covenanteers endeavour to disseise him of this supreme power, some by making the Houses coordinate with him, others by making him subordinate to them, and upon that ground justifying their taking up Armes against him.

10. Lastly, though the power of calling and dissolving Parliaments, as well as the appointment of the time and place, hath ever

See the Preface to the Act for a Triennial Parliament.

belonged to the Kings of this Realme, yet is this

E.C. p. 701.

denied to be any Prerogative, and advantage taken from a late Act, contrary to the Kings intention and the Kingdomes expectation, contrary to the equitable meaning of that very Statute; contrary to the promise of the Authours, to the inestimable prejudice of his Majesty, and the great griefe of his Subjects, who are hereby deprived of the benefit of all other good Lawes, and more particularly of that for the frequency of Parliaments.

First, it is undoubted neither King nor Kingdome ever thought to have seen the sad effects of that Act for continuance of this Parliament which they now feele.

Secondly, the Act it selfe, though it be not limited to any determinate time, is in its own nature but temporary. It was made for a transient cause, that the Houses might finde credit for the raising of such money as was then necessarily to be advanced,

E.C. p. 10, 15,17.

as accordingly they did. And that rule in the Civill Law, Cessante causâ, cessat Lex, the Lords and Commons have

Ib. p. 876.

declared to hold good in Acts of Parliaments; thence concluding that Act 5. Hen. 4. for the Commission of Array to have expired with the cause of it, though it were never repealed.

Thirdly, they did promise

Ib. p. 203.

that the gracious favour of his Majesty expressed in that Bill should not encourage them to do any thing, which otherwise had not been fit to have been done. They having failed in the performance of that trust, whether is not his Majesty in equity free from that restraint wch in confidence of their loyalty, he brought upon himselfe? And if they shall refuse ever to consent to an Act for Dissolution, as unwilling to part with that Paramont power which they have now possessed themselves of, whether is the King and Kingdome left without redresse? or [Page] may it not be lawfull for him to resume his ancient Right? Especially considering the House of Commons did

Ib p. 17.

professe to the Kingdome, that the restraint of the Royall Power in that particular, was not to take it out of the Crown, but to suspend the execution of it, for that time and occasion onely; which occasion is now over, and the time long ago expired.

It is full time that the Bill for the Trienniall Parliament take place, at least once in foure yeares; if not those other two 4. Ed. 3. c. 14. & 36. Ed. 3. c. 10. Lawes for holding a Parliament once every yeare. If they be still in force, what hinders but they may be put in execution? Nothing but the rigid interp [...]etation of that clause in the late Act, which requires that this Parliament shall not be dissolved, unlesse it be by Act of Parliament to be passed for that purpose. Yet Custome or Desuetude are allowed to prevaile against those very Lawes which are made with speciall provisions, that no Custome or Desuetude shall prevaile against them. Suppose all the Members should be taken away by death before any Act passed for the Dissolution of this, were it not in the Kings power to call another Parliament, because the Act for continuance of this is not repealed? Those two former Statutes of Edward the Third though never repealed, yet were as good as void by disuse. When Pa [...]liaments in that Kings time were made so frequent, they became a burthen to the Subject; and therefore it was found requisite in the Reigne of his Successour to make a penall [...]. R. 2 [...] c. 4. Law to inforce the Members to obey their Summons. And I finde in the Walsing. An Dom. 1380. History of those Times, that the Clergy granted a Tenth, and the Laity a Fifteenth to the King, upon condition, that he should not call any more Parliaments within the yeare, Scilicet à Calend. Mart. usque ad festum Sancti Michaelis anno revoluto. The non-observance of which condition is objected to that King. So farre different was the opinion of those dayes from these of ours concerning annuall or perpetuall Parliaments.

Though all former Statutes are repealed by the later, even then I suppose in judgement of Law, when there is no speciall mention made of any Repeale, and notwithstanding the former require to stand unrepealed, unlesse it be by speci [...]ll Act. Which clause may be thought of as little use in this case as that we meet [Page] with in [...]ome of our Statutes, which pronounce themselves perpetually to be observed, notwithstanding any Act of Parliament made or to be made to the conrary; this will not protect them against a future alteration or repeale. Yet I will not affirme that the Act of Pacification, though it was made since the Act against the Dissolution of this Parliament, is an Act passed to that purpose, however there be something in it that may be applied that way. For it buries in forgetfulnesse, not onely all acts of hostility, which might be conceived to arise upon the comming of the Scotish Army into England, but all Counsels having relation thereunto; that the same, and whatsoever ensued thereupon, trenching upon his Majesties Honour and Authority, be held and reputed as if no such thing had ever been thought or wrought. It is too apparent, that the former Act for continnuance of this Parliament, trencheth very deep upon his Majesties Authority, and had a very neare relation to the businesse of Scotland; being obtained for the more easie raising of money towards the payment of the Scots, and concluding a firme peace between the two Kingdomes. Besides, there is a speciall proviso in that Act of oblivion, that it shall be no prejudice of the brotherly assistance promised to the Scots, (which assistance was agreed on by Act of Parliament,) but no proviso for saving any other Act incompatible with this; and we use to say, Exceptio firmat regulam in non exceptis. But where the words of the Law are ambiguous, we must not presume to fasten our owne sense upon them, but submit to the Declaration of the Law-giver, the King, who by the advice of his learned Councell (without calling a Parliament) may expound the Law where it is doubtfull, as his Predecessours D [...]er f. 376. have done in other case [...].

It is further observable, that the same Statute which sayes, this Parliament shall not be dissolved, sayes also, it shall not be adiourned unlesse it be by Act of Parliament to be likewise passed to that pu [...]pose. Yet we know the two Houses Ian. 1642. did, and lawfully might, adjourne themselves from Westminster to London, without any Act passed to that purpose. Why then may not the King command them, at least their chiefe Committee, to adiourne from that place where they now sit to some other of more safety, where all the Members may freely meet and consult? If the [Page] freedome of the place be so necessary to all Councels, that the want of it hath been ever objected, and that justly, as a nullity to all their proceedings, and in particular the supposed Designe of bringing an Army to awe the Parliament, or any attempt of force against the Members, have been truly E.C. p. 657. 695. declared an endeavour to pull up by the root, and totally to subvert the Parliament, and to tend to the destruction of the very being of Parliaments; if the want of freedome and safety be truly Ib p. 100. declared a thing inconsistent with the nature of that great Councell. Then undoubtedly so long as Westminster does not afford security and freedome to the Members, so long no true Parliament can be there, which should be as free from apprehensions of force, as from imputations of Faction.

I would willingly learne, but I canno [...] finde a Teacher, wherein the Fundamentall Lawes of the Land consist. For if the taking away the Kings power to dissolve, adjourne, or prorogue Parliaments, be against the Fundamentall Lawes, E.C. p. 887. then no Statute makes it good. Now whether the perpetuity of a Parliament do not tend to the alteration of the Government, and so be against the Fundamentall Law; whether the forced exposition of the late Act against Dissolution, extending it beyond the time and occasion for which it was made, do not make it as good as perpetuall. Whether this do not make way for the finall ruine of all Parliaments, in case the City should be surprised by an Enemy, the King or Members all taken away by Death, before any Act be passed for Dissolution. Whether for defect of an Act it may not be dissolved by Ordinance, by the same Fundamentall Law by which this new Oath is imposed; whether it be not good in reason, yet it must be good in Law, that a Body Politique may decree by what death they will die, by Act, by Writ, by Ordinance, by losse of the Head, or by consumption of the inferiour Members; these are scruples which others may resolve.

But if Treason be a charge which a Parliament cannot be capable of, as they E.C. p. 654. declare it is, and I believe it to be true; because perhaps, as some Romish Doctours have asserted the Popes infallibility, teaching that he cannot erre as Pope, for if he do, he ceaseth to be Pope, so if the maior part of one or hoth Houses shall consent unto, approve or command any treasonable Act, they thereby [Page] cease to be a Parliament; who are presumed in Law to be no lesse than they professe, His Maiesties faithfull and loyall Subiects. Then if the Members at Westminster by raising Warre against the King, 25. Ed 3. c. 2. by forging a new Great Seale, and declaring the old one, by which they were called and do sit, to be of no force; by calling in an Army of strangers, or by any other Act or Vote of theirs be trul [...] guilty of that charge, [...]hey are no longer to be looked upon as a Parliament.

Lastly, if the equitable sense of the Law may take place here, which has been pressed so much in other cases, it must be acknowledged that the Essence of that great Councell does not consist in the place, but the persons: for the place may be changed, yet the Parliament remain still the same. When we see farre more of the Lords with his Majesty than at Westminster; when we finde upon strict account that the maior part of the Commons are either driv [...]n away, or have deserted that Cause; when we observe how many Members of either House do daily hazard, or have already spent their lives in the service against it; when we weigh their qualities, abilities, and estates with those of their opposites, and finde them to be men of the best ranke in their Countries, of known integrity for their lives, of unspotted zeale to Religion, of sound judgement and knowledge in Law, of publique thoughts to the good of the Kingdome, as well as loyalty to the Ki [...]g, which hath engaged them in this Warre, by which they have lost more already than the opposite Faction ever had, and expect to gain nothing but the testimony of a good conscience; when we consider how many of those that are most active at Westminster, by reason of their undue election, had never any right to sit there, and suppose that many others still remaining are not alwayes carried along with the streame; when we remember by what meanes the Bishops (who are acknowledged by Parliament to represent one of 1. Eliz. c. 3. the three Estates of the Realme) were thrust out, contrary to the Fundamentall Law, and how by that meanes all succeeding exorbitancies have been falsly fathered upon the Parliament: we cannot but pronounce upon these premises, that the Parliament is in truth for that cause which is owned by his Majesty, and not for that which passeth under the false usurped name of King and Parliament.

CHAP. XII. The true End of framing and enjoyning this Covenant, the bringing in of the Scots, absolutely unlawfull.

[Page]

HAving done with the many specious and pretended Ends of the Covenant, we are come to the true End of Covenanting at this time, which the Schooles would call Finis applicationis, & finis operantis. This in particular persons may be divers, as the desire of advancement in some, the hope of impunity in others, but the main general End which first set the Contrivers on worke about framing this Covenant, and keepes them still at it, by pressing it upon this Kingdom, was the bringing in of the Scots. Vide Covenant with a Narrative, and The Declaration of the Scots.The Covenant is one of the postnati of that Kingdome, it was begotten and borne in Edinborough, onely our English Commissioner [...] played the Midwives, and helped to licke it over into some fashion. Vnlesse the Faction in England would engage themselves and their Adherents in such a Combination those conscientious Brethren of Scotland refused to assist in this Rebellion; as they are now ready to do, being upon their march to invade us. A thing so repugnant to the Weale of this Kingdome, that no true English heart but will abhorre the mention of it; and so unjustifiable in respect of them, that no Scot, who has any sense of Religion to God, of gratitude and duty to their native King, or of brotherly charity to this neighbour Nation, will ever dare to draw his sword in this quarrell.

I. First, how farre it may endanger the being of this Kingdome to admit an Army of strangers into her bowels, none such an infant in discretion or History but is able to descerne. The calling in of forreigne Force, if it were not Treason by Law, is a thing so odious in Nature to any that is touched with affection to his native Countrey, that his Majesties greatest Enemies could not suggest a calumny more malicious against him, nor more powerfull to steale away his Sub [...]ects hearts from him, than by giving out that he intended to make use of forreigne aide when they supposed they had brought him to so low an ebbe, that he would [Page] never finde sufficient succour from his own Subjects. They are now driven to as great an exigency, and make no scruple of acting that course, which no necessity would suffer to enter into the Kings thoughts. Such was his tender care and fatherly affection to His people, He chose rather to run the hazard of His owne ruine, then owe his preservation to any hands but such as God should raise up in his defence among His owne Subjects. These waies of the Covenanteers doe both justifie the Commission of Array against all their former objections, which grant it lawfull in the comming in of strange enemies; and if His Majesty should follow their example, and hire an army to assist him from some other Nation, whatever were the consequents of it, they must beare the blame that first led the way, and he would be clear before God and man.

II. Secondly, this intended invasion is so injust in respect of the Scots, that all who heare of it must cry shame upon them, who at the same time enter into a solemne Vow inviolably to observe the Articles of the late Treaty of Peace betwixt the two Nations, and to endeavour that they may remaine conjoyned in a firme peace and union to all posterity, and that justice may be done upon the wilfull opposers thereof, and at the same time seise upon Berwick and put a Garrison in i [...], contrary to an expresse Article of that Treaty of Peace so lately concluded and setled by both Parliaments; and are now upon the poynt to power an Army into this Kingdome; whereby it appeares that though we made peace with them, they made none with us: and we conclude, as a former 7 Hen 7. c. 6. Parliament did against them, that it were better for us to be at open war with them, then under such a feigned peace.

III. They cannot say, nor doe they pretend, that any one Article was violated upon our part, unlesse it were by those whom they come to defend. What cause then have they for this invasion? Is it for their own necessary defence? Nothing is threatened, nothing intended against them. Is it to revenge any injury we have done them? If any were done on either part, we have dearly paid for it already, and by the Act of Oblivion all former bitternesse should be forgotten; but Chi offende, non perdona: they wronged [Page] us so much, they will never dare to forgive us. Is it for the lawfull recovery of any right that we have taken and detain from them? Nor so, nor so. What then is it which may give any colour of justice to this expedition? Forsooth; no other then the good of Religion in England, the deliverance of their Brethren out of the deeps of affliction; the preservation of their own Religion and themselves from the extremity of misery; and the safety of their native King and his Kingdomes, from destruction and desolation.—Ad populum phaleras.—We must be very silly if we be cheated with such faire words.

1. Concerning the first we have already disputed and (I hope) proved, that it is not lawfull to propagate Religion by Armes. Nor is it true that those whom they call their Brethren in England suffer any thing for their Religion, or need shed one drop of blood in defence of that power without which Religion (as they pretend) cannot be defended. It has alwaies been, and still is, the passionate desire of his Majesty to preserve the protestant Religion, and the just power of Parliaments. He has often profferd, and is still ready to performe, to passe any Lawes that shall be presented to him, for hindering the growth of Popery, and securing the just Priviledges of Parliament. He has onely refused to consent to such an alteration in Religion and Government as the Enemies of our peace would force upon him, under the generall name of Reformation, who are not yet agreed what is meant by it more then Extirpation. And therefore if the Scots should sit still and hold their peace, they need not feare the curse of Meroz when they looke upon the cause which these men maintaine. Which if it were indeed (what it is not [...]) the cause of Religion, it were but common to them with other Christian Churches, which lye groaning (as they tell us) under the yoak of antichristian Tyranny. If the Scots think themselves bound in Conscience, and have any calling or Commission from God, to be the Catholique Reformers of other Nations, they should doe better to begin their Reformation in other popish Countries, where there is more need of it, and where lesse exception can be taken to it: where it may be free from any suspicion of Rebellion against the Prince, as being not [Page] their own Native King; and of ingratitude and perfidiousnesse to the Countrey, as having not received equall courtesies from them, nor entered into the like union and pacification with them, as they have done with England. God forbid that those weapons which our money hath put into their hands should be drawne to cut our own throates, or that our Kingdome should be ruined because they think it fit to be reformed.

2. And concerning the second, if they do not enter into England and lift up Armes against their owne King, who (as they confesse) hath promised and done as much for them as may secure them in their Religion and Liberties, we shall never blame them. But if they shall conceive of themselves, or be perswaded upon reports from hence, that those who adhere to His Majesty in the present quarrell are none but a popish, prelaticall and malignant party; whereas it is evident to the world that the greater part of this whole Kingdome sides with the King, otherwise their assistance had never been implored, never purchased at so high a rate; that many thousands of the best repute for Religion towards God, and affection to their Countrey, to the certaine damage of their Estates, and hazard of their lives, doe appear in this cause upon no other incentives but of Conscience and Loyalty; it is but a groundlesse pretence in the Scots to talke of providing for their owne pre [...]ervation against those that meane them no harme. No pretended experience of former times, much lesse any principles of their owne Declarations, or conceived jealousies o [...] the vindictive disposition of the English, can warrant them before God, or cleare them to the world, if they shall take advantage of our present weaknesse, and attempt a conquest of us now, because it is possible, if we once recover of these distempers, and be united amongst our selves, we may be strong enough to resist them hereafter. Nor is there any necessity that the condition of one Kirk and Kingdome, either in Religion or Peace, should be common to both: the present evidence of their quiet and our unrest proves it otherwise. And if we should ever be restored to our right wits and former quiet, whether they consider the peaceable disposition of His Majesty, His Princely Clemency towards all, and tender affection He has ever [Page] borne to His Native Countrey; or the Loyall disposition of His adherents in these troubles, falsly called, Malignant and Preiaticall; whose constant practice hath ever confirmed their Doctrine of subjection to the Magistrate, and to whose profession and interest nothing is more repugnant then a Civill War, by which they may loose all, but are sure to gain nothing; or they consider the present condition of this whole Kingdome, harrased and spoyled by these intestine divisions, which will certainly produce this good effect, that if once we see an end of these Warres we shall better know to value Peace hereafter, and not be easily engaged againe. From these grounds of common reason they might conclude more solidly, more charitably, that what ever be the event in England, if they doe not imbroyle themselves without cause, they may for ever enjoy their Religion and Liberties, and need not feare an afterclap from hence. And let them remember thus much more of Israels leading into captivity, that they never revolted from their God, till they first revolted from their King; Rebellion led the way, Idolatry followed after, and both ended in Captivity. God preserve both them and us from such a judgement. But let them take heed how they dally with edge-tools; how they make solemne Oaths to God, Protestations to the world, promises of Peace and Vnion to their neighbours, when they intend nothing lesse: How they begin a Nationall Warre against us, without any provocation from us, or previous denunciation from them, contrary to the late Treaty, onely upon conceipt, that if the power of this Kingdome be recovered into those hands out of which it was wrested by violence and injustice, we may possibly, according to the Treaty, within three moneths denounce War against them.

3. And concerning the third, if the question be not whether they should presume to be arbitrators in the matters now debated by fire and sword, betwixt His Majesty and those whom they call the Houses of Parliament, which is truely forraigne and extrinsecal to that Nation, they having no relation to, nor dependance upon the two Howses or Kingdome of England, onely they owe subjection to the same King; why then, after their mediation hath been rejected (as they suppose) by both sides, upon confidence of their [Page] owne strength and severall successes, or unwillingnesse to receive conditions from Strangers, should they think it their duty, though it be in their power, to presse that Ecclesiasticall Governm [...]nt upon us by force of Armes, which his Majesty hath often declared he will not, and the two Houses have never declared that they will accept? They have vowed the destruction of all those that adhere to his Majesty under the name of Malignants and evill Instruments, and when they come with an Army to pay this Vow, call they this stopping the effusion of Christian blood? To hew out their way by the sword through all the forces raised for a guard to His Person, amongst whom he has yet been safe, whose actions have been as full of Loyalty as their adversaries professions, is this to rescue their native King [...] His Crowne and Posterity out of the midst of dangers? To help to sacrifice the greater part of this Kingdome to the malice of those by whom they are declared Traitors, is this to preserve his people from ruine and destruction? What if every private man be bound in duty to interpose himselfe as a reconciler betwixt his neighbours armed to their mutuall destruction? Must they therefore help with armed force to destroy the one party at variance? is this the part of a Reconciler? What if the sonne ought to hazard his owne life for the preservation of his father at variance with his Brother? Must they therefore take up armes to endanger the life of their King, t [...]eir Civill father, to side with a company of Schismatiques that flatter them with the name of Brethren?

III. When they ask, shall a Kingdome sit still, and suffer their King and neighbouring Kingdom to perish in an unnaturall Warre? I shall answer this question to their owne content; it is not fitting, it is not lawfull. But let me in courtesie ask them another. When a Kingdome hath taken notice of a difference debated by fire and sword betwixt their owne King and some of his Subjects of a neighbouring Kingdome; when they have solemnely vowed not to give themselves up to a detestable indifferency and neutrality in that cause; when they have observed that the maine poynt in controversie is because the King will not consent to alteration of some Lawes already established; which he holds himselfe bound in conscience [Page] to preserve; after the whole Clergy in their Petition presented to his Majesty. Ian. 1642. Nationall Assembly have promised to keep the people under their charge in obedience to his Maiesty and his Lawes, confessing it a duty well beseeming the Preachers of the Gospell; after their whole Supplication of the generall Assembly. Edenb. Aug. 12. 1639. Kingdome has sworne, with their meanes and lives to stand to the defence of their dread Soveraigne, his Person and Authority, in every cause which may concer [...]e his Maiesties Honour, with their friends and followers, in quiet manner or in armes, as they shall be required by his Maiesty; after they have acknowledged in their Nationall Covenant, that the quietnesse and stability of their Religion and Kirke, depends upon the safety of the Kings Maiesty; and have therefore universally protested and promised under a solemne Oath and hand-writ, upon fearfull paines and execrations, 2 Parliam. of K. Charles [...] Act 5. concerning the Ratification of the Cove [...]ant. to defend his Person and Authority with their goods, bodies, and lives, against all Enemies within the Realme, or without, as they desire God to be a mercifull Defender to them in the day of their death, and comming of our Lord Iesus Christ; after the Nobility, Gentry, Burroughs, Ministers, and Commons of that Kingdome have confessed themselves,E.C. p. 257. bound by all the ties of Nature, Christianity, and Gratitude, so fully satisfied and perswaded of the Royall zeale, and constant resolution of his Maiesty, to preserve the Lawes and Liberties of his Kingdomes, that it were the height of disloyalty and ingratitude, if they should harbour any scruple or thought to the contrary, having so many reall and recent evidences of his Royall goodnesse, iustice, and wisdome, in setling and establishing the true Religion, the Lawes and Liberties of that his Kingdom, to the full satisfaction of all his good Subiects; after all these vowes, promises, and protestations, how can they be so strangely given up to folly and wickednesse, as to thinke it their duty, it being in their power, to come with armed Force to end our quarrels, by taking part with them to whom they owe no duty, and fighting against that part which is owned by his Majesty, to whom they stand bound by all the ties of Nature, Christianity, and Gratitude, who has left nothing undone that might give them content? Certainly if they shall so farre forget or cast behinde their backes all these solemne vowes and professions, they will one day rise up [Page] in judgement against them. And if they shall hearken to the call of the Enemies of our Peace, and come to assist them in this unnaturall Warre, as they threaten to do, though in the time of animosity and appetite of revenge, such Invasion may be well taken by those who invite them to helpe to destroy their Brethren: yet afterwards, when the eyes of the minde, no more bloodrun with passion, do discerne things aright, it will be a griefe and offence to all true English hearts, to see how they have sold themselves slaves to a viler Nation; and they may be more united to cast them out, who were so ready, upon the advantage of their Divisions, to thrust themselves in.

I shall in the mean while put them in minde, that there was a time when they had, if not a juster Cause, a better colour for Invasion of England; yet then they so farre disclaimed all intentions of it as to call the bare mention of it, In their instruction [...] concerning the Covenant, 1638. The despitefull and devilish calumny of the disnatured Enemies of their Kirke and Kingdome. I am commanded to forget what they did then, but if they shall now verifie those calumnies, and falsifie all their solemne Oaths, though the King and this Kingdome should not be able to call them to account, there is a God in Heaven that sees all their hearts, and will judge all their actions. And they cannot be ignorant that all the colours which they use in excuse or defence of their intended expedition, may with equall, nay better, reason be alleadged by any other Nation, that have a minde to oppresse and subdue upon pretence of assisting us, of providing for their own safety, or comming to compose our Differences.

CHAP. XIII. From these Premises the Covenant is concluded unlawfull, in respect of the Forme.

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HAving thus deduced at large the severall Illegalities of this Holy League, both in respect of the Efficient and Finall Causes, but especially in respect of the matter, it naturally followes that we conclude it in the last place to be likewise unlawfull in respect of the Forme. For whereas the nature of an Oath League, Covenant, or Vow, requires that it be holy, just and good, This thing being a Confederacy of Subjects, against the will of their Sovereigne, pretending many good, but intending a bad End, swearing many things in themselves unjust and contrary to all Law, Divine and Humane, the Covenanteers by labouring to induce the Forme of a solemne Oath, a sacred Covenant, a religious Vow, upon a matter so indisposed and incapable of such a Forme, do profane the Ordinances of God, and give that which is holy unto Dogges.

Any simple Promise, in respect of the Forme or nature of it, is apt to create an obligation of civill honesty, trust, and fidelity: if it be mutuall by way of Contract, as a League and Covenant, it induceth a further tie of justice: if a Vow be joyned to it, this superaddes a band of Religion: if all these be confirmed by a solemne Oath in the presence of Almighty God, the Searcher of all hearts, with a true intention to performe the same, as we shall answer at the great day, when the secrets of all hearts shall be disclosed, it is not capable of any further addition; this is truly Protestation of the Lords and Common [...], Oct. 22.1643. E.C. p. 664. confessed to be the strongest obligation that any Christian, and the most solemne publique Faith that any State as a Parliament can give.

In an Assertory Oath we make God our Witnesse; and if we speake not Truth, we make Him a Lyar. In a Promissory we [Page] make God our Surety; and should we faile in performance, we cast an imputation of perfidiousnesse upon Him, as if He were not faithfull in his promises. In a Vow we make God our Creditour, we plight our Faith to Him, and when that is confirmed by an Oath He is both our Witnesse and Sponsor too. So as to sport, and play at fast and loose with these many religious obligations were little lesse than to deny Him. He that makes no conscience of an Oath, though he do not speculatively believe God a Lyar, or a promise breaker, yet practically he deales with Him as if He were no better.

The more sacred this Band is in it selfe the more religious caution ought every man to use before he enter into it, even then when it is conversant about a lawfull object. But if any shall dare to prostitute this holy Ordinance to profane Ends, and stampe their unjust actions with the impression of it, it is such a crying sin against God, that I dare not promise them any remission. I have heard of some whom I knew, and therefore will not name, [...], who after they were induced by perswasions, or feares, or other worldly considerations to take this Covenant, their conscience was so thunder-strucke with the horrour of their sin, that their own blood spilt by their own hands was not sufficient to wash away their guilt; and I cannot tell whether they found any place for repentan [...]e though they sought it with more than teares. If their case be so desperate who are enforced to take it, what shall we thinke of those that enforce it? Let them sequester our Estates, we care not; God will either provide us more, or give us grace to be content with lesse; if they take away our meat, he will take away our hunger. Let them imprison our persons, we thanke them, so they leave our conscience free. But O, let them not by threatning death to the body, if we refuse their Covenant, destroy our soules by taking of it. Let them remember and abhorre the example of that wicked miscreant who having his Enemy prostrate at his feet, promised him life if he would deny his Saviour, and when he had done so immediately slew him, making his proud blasphemous boast that he had murthered both body and soule at one blow.

[Page]God in mercy open their eyes that they may see the errour o [...] their wayes; then they will confesse, what is certainly true, that this their new Covenant being taken without Authority, and contrary to their former lawfull Oathes of Supremacy and Allegeance, was void from the beginning; and does not binde them to any thing, but what I heartily wish they may finde in the end, Repentance.

FINIS.

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Information about this book

Title statement

A review of the Covenant, wherein the originall, grounds, means, matter, and ends of it are examined: and out of the principles of the remonstrances, declarations, votes, orders, and ordinances of the prime covenanteers, or the firmer grounds of Scripture, law, and reason, disproved.

Langbaine, Gerard, 1609-1658.

Edition statement

1645

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-03 (EEBO-TCP Phase 1).

ID [DLPS]

A67901

ID [STC]

Wing L371

ID [STC]

ESTC R210023

ID [EEBO-CITATION]

99868860

ID [PROQUEST]

99868860

ID [VID]

121216

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early English books online.

Notes

(EEBO-TCP ; phase 1, no. A67901)

Transcribed from: (Early English Books Online ; image set 121216)

Images scanned from microfilm: (Thomason Tracts ; 1:E2[27])

Source

— A review of the Covenant, wherein the originall, grounds, means, matter, and ends of it are examined: and out of the principles of the remonstrances, declarations, votes, orders, and ordinances of the prime covenanteers, or the firmer grounds of Scripture, law, and reason, disproved., Langbaine, Gerard, 1609-1658..

Extent

[12], 106, [2] p.

L. Lichfield],. [Oxford :: Printed in the yeare, 1644 [i.e. 1645]. (Anonymous. By Gerard Langbaine, the elder.) (Printer's name and place of publication from Wing.) (Wing has publication year 1644[5]; Madan has Jan? 1644/5; but Thomason catalogue lists under 1644.) (Annotation on Thomason copy: "said to be printed at Bristoll"; "July 22".) (The last leaf is blank.) (Reproduction of the original in the British Library.)

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