The English PRESBYTERIAN AND INDEPENDENT Reconciled. SETTING FORTH THE Small ground of Difference between them Both. LONDON, Printed for Edward Brewster at the Sign of the Crane in Paul's churchyard. 1656. THE ENGLISH PRESBYTERIAN and INDEPENDENT RECONCILED. THe great, long, and heavy troubles brought upon the three Kingdoms under the late King's Dominions complained of in the Discourse and a In the Meditation upon the second Treatise in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Meditations of the Book called [The Kings Pourtrayture,] have had other Causes from whence they originally did spring, and have derived their Being from a more ancient date of time, than of what the Author of that Book complains of the King's compliance, and giving way unto the death of a Lord, a favourite of his mentioned in that Book, when as the late Jealousies between the King and his party on the one side, and the Court of Parliament on the other grown into Civil broils, and having for many years disturbed the Peace of his kingdoms, cannot be ascribed to any other visible Motive, than to a more general and universal one at first, injustice and Oppression practised where no Power was able to resist, for if as the b Proverb. Wise man observes, righteousness exalts a Nation, showeth also how the King's Throne may be established; by the rule of contraries, injustice overthrows a Nation, and by His listening unto the wicked His Throne is thrown down. The next motive whereunto the continuation of these troubles mentioned in that book may be ascribed, is unto the Violence and Heat in the prosecuting their several Interests, upon the one Party's misapprehending the Subject of the quarrel, both Parties pretending to the preservation of the common Peace, and severally setting forth the justice of their Cause, the reason and equity of their proceedings, which hath produced so much Sedition, Strife, and Faction, that until in more of all sides a right and perfect understanding be had, the commonwealth is likely to remain, as a long time it hath, in a languishing and sad estate: several discourses have been vented, diverse books of an opposite sort each to other published to vindicate and clear the one, to calumniate and traduce the other Party, when as there is but one Truth and Justice, which both Parties challenge to be theirs, laying the Iniquity and Wrong-doing to their adversaries charge. A scrutiny made into the falsehood and counterfeit glosses practised by the one, an equitable acceptation of the just interest and pleading of the Other, a serious and true examining the various Writings on either part, what hath passed in the transaction of their Affairs might stint the Quarrel, the observing how the one Party in their Declarations have unjustly and deeply charged the other of several Crimes and Misdeamenours, thereby wronging their own proceedings, in the manner of their dealing, might convince the Adversary, and consequently put a speedy period to this contention. When about eleven years since, the King c See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} from the urgency of his own affairs (as is given out in his behalf,) from indeed His contesting with His Subjects of Scotland, about their endeavouring to defend their ancient Constitutions, summoned this Parliament, and by his Writ confined it to such a Time and Place, when the matters were debated there, the Convention being full and free, so by himself acknowledged, that which seemed displeasing and not consonant to his Will, was attempted to be made frustrate by his Power; which the Parliament being sensible of, and foreseeing future and forcible attempts to be made upon their privileges, sought on the other side to maintain their Power and Rights, to relieve their fellow subjects suffering under the late oppressions offered by the Ministers of Justice against the people's liberties against the known & fundamental Laws; The infringing of which added to the late jealousies entertained by our neighbouring Nation the Scotish, and divers of the English Nation, was in most men's judgement, the first Ascent to these Divisions. Oppression, Injustice in the King his party first, than their contending to defend and excuse themselves, to accuse and retort on the Parliament and their Party the guilt of their own demeanour, wherein when they could not prevail, their desire and pursuit of making good their Accusation increased the division to this height; how and by what degrees it went higher, what projects and practices to get the upper hand, follows in this Narration; In the resenting which, all men seemed engaged either in Affections and tacit Wishings, or in Action, some to the one, others to the other Party, most unto that which they conceived was ordained, and then convened to preserve Peace and Justice, which by the other had been not long before disturbed. Not by the way, ☞ that it is thence inferred that the Parliaments Cause was therefore the better or more just because the most and greatest part of People then sided with them, or that the King's Parties Cause is so now, in that so many are fallen off from the Pa●●. and that party, some upon dissenting in Opinion, others grudging at, without duly weighing the reasons of the Parliaments actings, most indeed troubled at being subject to their Power & Government, by reason of the Impositions & Taxes, which for a time they do lie under & repine to pay not looking back to the first Occasioners of the war, but fondly conceiving, because they feel not the fury of a prevalent hostility & war, that therefore there is no war; but because the People, the wiser sort at least, long since knew the benefit and use, the dignity & necessity of that Court as the supreme Judicatory of the Kingdom, therefore the ancient Authority thereof to be maintained, the Power and privileges not to be infringed or violated, they knowing the End wherefore that Court was instituted at first, by an ancient, necessary, and wholesome * Edw. 3. cap. 25. Law of giving redress to grievances in a commonwealth; of what quality the Persons assembled by solemn Writ should be, directing how they were to be Habited, to defend their Country against all force opposing them, as by the d With swords girt on their sides, &c. See the form of the Writ in the Crown Office. Emblem of Valour required in them it may appear. And no question if the Kings of this Realm have deputed none to place of justice, but e Mr. Lambard in his Eirenarch lib. 1. cap. 6. meunltz valiantz as King Edward the 3. expresseth it, None but such are to defend & serve their Country in the highest place of Judicature. That as to this present Parliament the King himself in his f See his Answ. to a Declaration sent from both Houses, May 1642 Answer to a Declaration sent him from both Houses of Lords and Commons doth confess and allow them a full and juridical power to judge and determine the most doubtful, high, and weightiest crimes, and causes, although he seems to limit it again by particular Cases, and regularly brought before them, acknowledging withal g See the two Declarations entitled, The Declarations of the Lords and Commons of Parliament assembled at O●ford, with the specious frontispieces of The One Touching a Treaty. Other Concerning their endeavours for Peace. Print. March 1643. together with the Lords and Commons assembled at Oxford) the Privileges of Parliament to be so substantial and entire a Right, that the Invasion of the liberties of either House, as the course of Parliaments was then, & heretofore held, was an injury to the other, and to the whole kingdom. In several his Messages returned unto their Propositions, he repeats and confirms the same judgement of and concerning their full and ample power, being lawfully summoned, and by a Law consented unto by himself in full Parliament, Not to be dissolved unless by their own consent: Notwithstanding which, several attempts of force and violence were offered, as far as his and his party's power could extend itself, to the dissolving it, by contending to divide and scatter them, accusing the remaining part of the Members sitting in the House at Westminster of being rebels, so being divided, to account no other of the Parliament at Westminster, than he did soon after the Pacification made with his Scotish Subjects, of the Parliament in Scotland, terming them h In his Declaration concerning his proceedings with his Subjects of Scotland, since the Pacification in the Camp near Berwick, Printed 1640, pag. 38. [The divided Members of that distracted Parliamentary Body remaining at Edinburgh] So that as to the Parliament of England, it must be confessed, that he meaned not what he expressed, in allowing to them that lati-tude of Power and privileges, or that his Party hath since prevailed with him to renounce that judgement, which he declared to have had of them. That the contentions at the first sitting of the House were upon the point about matters of fact, what things were done, what projected to be done, How the King and his Ministers of Justice had demeaned themselves since the beginning of his Reign, how many oppressions of several kinds had been offered by them, how they had offended against the known laws in an Arbitrary way of Government, which being disputed by all men as they conversed together, or within themselves, a Division could not be avoided, but must break out into contrariety of Opinions and Affections, consequently into parties and Engagings as their judgements should direct, some likely to adhere unto the King, contending to make him Absolute, to do whatsoever he pleased, others contending on the other hand to have him govern according to the laws as bound by his Oath, the result from out the differences betwixt them both, could be no other than for the one Party knowing what of late had passed, to endeavour a redress, to consult a remedy against the like Exorbitances, withal that there was no other visible power in being to emulate and check a King's except a Parliament's, i Namely in that Recorded in the Chronicle of Richard Earl of Warwick his Answer unto King Henry the 6th, who directing His Privy-Seal to discharge him of his governorship of Calais, the Earl refused, alleging. That it was granted him by Parliament, Whereunto if it be answered, That that might be a personal Contumacy in the Earl, nothing proving the validity of that Court, the reply may be, That the Authority of Parliament hath been of so large an extent, That some Kings of this Realm have been by Act of Parliament confirmed, as Edw. the 4th, Some with their Wife and Issue disinherited of their Right to the Crown, as Hen. 6. the lawfulness whereof not at any time questioned, and when the title to the Crown hath been disputed, it was by Authority of that Court settled, and the Crown entailed, as they in Poll●y and prudence thought sit. Speeds Chronic. in the life of Hen. 6. Edward 4, & 5. the Power and privileges of which Court in Rivalship with the Kings have been many ways manifested in the actings and contestings betwixt their powers. In the present contention betwixt which, it is not so much what hath accidentally fallen out in the progress of this war, as what hath been actually and intentionally attempted to be done, which foments the quarrel, or decides the controversy, That this Parliament in contending to maintain their power, their friends and assistants against their enemies confronting them▪ was by an high hand interrupted and opposed; and if we take our Neighbour Nation the k See the Scots Remonstrance Printed 1640▪ cited by Master. Thomas May in his History of the Parliament of England, written 1647. Scots their judgement in the stating the occasion of this war, and the enemy's design, this Parliament was for no other reason called then to give the King relief and aid against their coming into England; This the occasion of the League and union betwixt us and them. On these and the like grounds, they knowing what had been attempted against their national laws and Rights, foreseeing what the event was like to be in case they did not bear with patience, knowing also in what condition the English at or near that time were, what Declarations the King had published against some, what severe courses he had taken against other Members of the Parliament of England, which the Historian notes the dejected People were enforced to endure with patience, and to allow against their own reason; the Scots considering withal, that if of themselves they made resistance without the aid of friends they were too weak a power, that if they delayed their course for remedy too long, their friends and strength might have been prevented, and knowing before hand that there are but two remedies appliable to the approach of dangers [Prevention and Recovery] the first the right hand rather the heart of Policy, the other the left and aftergame, They begun before any preparations made for or against a war, with sending to the Parliament of England a justification of their proceedings, entreating them to be wary in Vindicating their own laws and Liberties, to frustrate the designs of those evil counsellors who had procured this Parliament for no other end than to arm the King with warlike supplies against his Scotish Subjects, and by that war to enslave if not to ruin both Nations; that after many violations and dissolutions of Parliaments in England, This was not to redress grievances, but to be so overreached, if they were not careful and courageous, that no possibility should be left for the future redressing any; That so dangerous practices might be well suspected when at the same time a Parliament was denied to Scotland (although promised on the word of a King) granted to England when not expected, and obtruded upon Ireland when not desired. The rise of all which was from the anger which the Scots knew the King conceived against them for some particular acts of theirs charged with Disloyalty, as (without recounting all other differences and jealous●es betwixt him and them) That they refused and declared against the Messages sent them to receive the Service-Book obtruded on them; for which as for vindicating themselves from the like charged Disloyalties, they were accused by the King to have wrote a l Cited and complained of by the King in the same D●clararation against His Scotish Subjects, for inviting foreign forces into this kingdom, page 55, 56. See the Letter itself in the same Declaration, signed by seven of the principal of the Nobility of Scotland. Letter to the K. of France, Imploring His Protection, as weary of their Obedience to their own King; for which disloyal Letter (as it was termed) a chief m The Lord London, See his Answer. Peer of theirs was imprisoned and condemned to die. That the Pacification had and made to take away all differences past, and which might ensue betwixt the King, the English and the Scots, by the prudent and joint advice of a select Committee of English and Scotish Lords, as to remove all jealousies betwixt both Nations, was, soon after it was made, sco●ned and slighted, the Scots then complaining in their informations made unto the English, their Friends and Brethren, of many injuries they had received since the Pacification made, and contrary to that Agreement. This was the condition of the Scots, these the very words of their Remonstrance, That the Union and Brotherly League, entered into by both Nations, was no otherwise construed than an Invitation in the one, and invasion of n See in the King's name, the author's account of them, how in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} he keeps in memory, That the Scots we●e the first that began the King's troubles, in the Treatise of his leaving Oxford, and going to the Scots, and elsewhere in several places of that Book. Also in the Declaration printed on the King's behalf at Oxford, 1643. pag. 23. suggesting an intent in them to confound the Government, and alter the Laws of England. The marquess of Montrosse declareth how they began His Troubles, (viz.) by dispersing their apologetical Pamphlets (as he terms them) through Great Britain before the Troubles began, and before their coming with an Army into England: See a Book entitled, The History of His majesty's affairs under the Conduct of the marquess, in the years 1644, 1645, 1646. page 3. foreigners in the other Nation, and howsoever the Charge in the 7. Articles, exhibited against the 5 Members of the House of Commons, and one Lord of the House of Peers was laid to those few only, yet probably it had reached many other of the English Nation, had not the first assault of violence in the King's party miscarried as it did; But wherefore were those Articles exhibited against those Members, and the King attempt in an hostile array to seize their Persons in the House of Commons which when he could not effect he was blamed by some of his nearest friends for not seizing some others in their stead as hath been credibly given out, so that nothing was properly to be laid to the charge of those six, when as the same crimes were to be fitted to any other in the House; the Articles charged on them are elsewhere mentioned by a Gentleman who hath written the History of the Parliament of England, and those six Gentlemen charged to be Ringleaders in the committing several Treasons but how justly? in every design and purpose there is some more activity in one, two, three, or more than in the rest, and every conpleated Act is first the conception and motion of some few individual persons, than the consent of the rest, if the first motioners of such a design shall for their forwardness without any advantage to themselves, be therefore accused of Treason, and in a violent way pursued, and when their persons could not be met with others of their fellow Members were to be seized in their room, it could not but strike at the root of the Subjects liberty the power and privileges of Parliament: So many sad and direful notes could not but portend a War against one or both Nations, as time and opportunity should best serve to manage the design in hand, or else the Parliament, knowing themselves to be a free and full Convention, in all parts a Parliament, both in the Substance and Form, summoned by the King's Writ to meet, &c. as in the circumstance of Time and Place, must submit to the will and pleasure of an o Amongst other Motives to his a●g●r about the Earl of Strafford's death, which whether he would have avenged on the Party who condemned him, may be guessed at, in that an unknown Author in his name, several times repents the injustice of that Act, to which he was forced to yield compliance, for which sin, as the Author mentions it, the King and his kingdoms have felt long, great, and heavy Troubles. See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in the Treatise concerning the Earl of Strafford, and the marquess of Mo●trosse his Declaration set forth 1649 aggravating the same to incense the King and his party against the Scots, expressing in it their disloyal Practices, Breach of Duty, Covenants, calling them traitors, &c. incensed King, so to be dissolved, or awed at pleasure, or to have Boundaries put upon their Acts and Counsels, by such as they knew to be corrupt, and would have removed from the King, to the end his Throne might be established; which desire of theirs was on the other side counterpoised by a factiously framed and superstitious maxim amongst his Favourites, That if a King will suffer men to be torn from him, he shall never have any good service done him: So that in this Doubt and Perplexity, whether the Parliament should Submit, Desist, or Act according to their Trust, they thought it nearly and necessarily concerned them to provide for their own & the kingdom's safety, for the public welfare, some of their Members being impeached and charged, two Kingdoms provoked and m●na●ed, the p See the King's grateful acknowledgement of the Affection and Loyalty of his Irish Subjects in offering to supply him with Preparations, &c. together with their Persons and Estates, even to the uttermost of their ability, to reduce his disaffected Subjects of Scotland to their obedience, desiring withal it may be Recorded as an Ordinance of Parliament, and to be Printed as a Testimony of their Loyalty to all the world, and succeeding Ages, In his Declaration since the Pacification, pag. 63. Which could not but stir up the Scots to seek protection and assistance from their fellow subjects and friends wheresoever, whom the King calls his disaffected subjects, and how he doth secern them from the rest is hard to judge, when as the whole and most considerable part of that kingdom did by their Pacts and Counsels at their Assemblies h●ld, withstand and resolve to withstand divers of his Messages obtruding on them such matters as made against the Peace of their Church and kingdom. Third also likely to bear a part in the broils of the other Two, the King himself jealous and displeased to see the Parliament (then at distance with him in transaction of matters concerning the three kingdoms) Petitioned and Appealed unto, termed in an envious and scornful way by some of his Party Omnipotent, others murmuringly upbraiding that it was idolised, himself as it were neglected and left out, none or seldom Addresses made to him, which by the Author of the q In the third Treatise. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} is with much indignation urged, that some few of the Members of the House were more looked on as greater Protectors of the Laws and Liberties than the King, and so worthier of public protection. Hence it was that the Parliament had a narrow path to tread between their hopes to regain the Kings lost favour after many evidences of his anger poured forth, and their hazarding the ruin of those principles, whereon they did first engage, that they thus Acting knew well that their Cause was just, their War defensive, as was at the beginning of these Troubles by a r Mr. D●nz. Hollis his speech, June 1642. Gentleman of good abilities, in an excellent Speech of his, delivered to that purpose, setting forth the enemy's series and succession of designs to interrupt the Parliament, as first by awing and taking away the freedom of it by an Army, then actually assaulting it, and with the sword to cut asunder the only Nerves which strengthens and knits together the King and People, the People amongst themselves, and the whole frame of Government in one firm and indissoluble knot of Peace and unity; That the Parliaments taking up Arms was to defend only, to repel the force, and violence practised by a few of the King's side at first, afterwards to provide against the mischief which his Party heightened through rage against the Parliament, pretence of Loyalty towards the King, might several ways intend; That their resisting his and his Parties practices was then judged and discoursed to be for no other end then to maintain their own just Privileges in order to the maintenance of the laws and Liberties of their Fellow subjects; that for these familiar Reasons here ensuing no man would imagine that they d●● intend an Offensive war, to engage the Subjects one against the other, or the King against themselves; An instance thereof may be fully seen in these particulars following. I. First, for that they could not but foresee that the consequences of a War, falling ou● betwixt a People oppress●d, a Court of Parliament provoked, and a King displeased, s See the Message s●nt from both Houses of Parliament to the King, & his parties receiving it, mentioned in this Book. (Counsel and Duty on the one being recompensed with Indignation and Reproach on the other side) would prove calamitous and sad, but on which side the calamity would fall with greatest force & fury very uncertain, when as besides the two Parties immediately engaged one against the other, a middle and neutral part worse a● well in the t See the Declaration of the Lords & Comm●ns assembled at Oxford, printed there 1643. King's parties account as in the u See the Remonst●ance sent out of Scotland, 1639. Parliaments, would fall in as opportunity should serve. II. That it being presumed the aim and counsels of the Parliament, and all men else ●●ing for Peace and Justice, a War once waged would hinder and destroy their aims, & produce more overtures for discord more fresh supplies for quarrelling, in the prosecuting which, many unexpected chances would fall out to increase the discord, as in the controversies between man and man, he who hath not been so forward and visibly active for them unto whom he did adhere, as in every particular opinion of theirs concurrent with them, shall be traduced and accused by them also for a neutral or an Enemy, when as men not at all assisting have therefore been by the one Party convicted neutrals and thereupon pronounced w See the same Declaration ibid. forsworn. III. That amidst their hopes of conquering, there would not be wanting discontented and seditious humours even out of their own first Party to traduce and vilify their proceedings, if not consonant to their particular humours and fantasies, that those humours would be fed and animated by the first and common Enemy on purpose to divide and weaken the prevailing Power. IV. That divers other consequences likely to result from War would prove harsh and irksome to a people born free and governed under Laws and Peace, as that the Soldiery and prevailing Power knowing their own opportunity and strength, would be apt to intermeddle with private Interests, or at least the People would be jealous of it, to the perver●ing Justice and trampling down the laws, which in a time of Peace distristributes to every man his just Right, so that the people would not only want the blessing of Peace, but grow subject to the oppression, charges, and injuries incident to a War. V. The Parliament could not but foresee that in case a war were to be waged, their own countrymen both Officers and private soldiers must fight it out, soldiers of Fortune when they have gained, will sometimes desist their undertakings and leave off the service. VI. That the English were unaccustomed to War, and by reason of their easy and soft way of breeding not fitted to the discipline and managing thereof, neither able to endure the hardship and duties of a war, howbeit experience hath otherwise proved it. VII. That the English gallantry and their courage unacquainted with the conditions of a warfare, and the temper requisite to a soldier, might make them upon every discontent as apt to Mutiny and Resist as fight. VIII. The Parliament could not but be sensible withal of their fellow subjects, that the apprehension of Engaging would carry with it a sad aspect, all men unwilling to and wary how they did Engage, that if they did Engage the Engaging parties on either side when they see the face of a war inevitably approaching, would and must for their better strength and union betake themselves to what Policy, Pacts and Leagues they could, Defensive and Offensive, as to bind themselves and friends by Vow and Covenant, which being to consist of several Heads and Parts to be without much study or delay framed, for fear of their Enemies gaining time on them could not be so exactly and entirely devised, but might admit of a doubtful sense, how to be understood, in part or in the whole, so consequently divide the Covenanters within themselves. Ix.. That when they should have gained a power, they must to maintain the same, Engage and Enforce all men to acknowledge and conform unto their Power, thence hazarding the repute and censure of becoming Usurpers over their fellow-subjects, of exercising an Arbitrary and tyrannical power over the people's estates and consciences. X. They could not but withal know that which side soever should prevail both sides would be losers, the King and kingdom vast sufferers in the loss, as they in an humble and dutiful x See it cited in the Declaration Printed at Oxford 1643. pag. 13. Message, although contrariwise interpreted, did in the sadness of their hearts foretell the King. XI. That in this War the prevailing Power would be to seek (to carry an even & well tempered hand) how to deal with the vanquished their own countrymen, and mistaken fellow-subjects, for 'twas a Misunderstanding which first made the rent between them, scorn to acknowledge and retract their error widened and continued it; amongst which doubtings if they did inflict too heavy a punishment, either pecuniary by Mulct, or corporal by Imprisonment, 'twould seem unjust and harsh from the conqueror, being of their own Nation, and keep off the hopes of reconcilement and reunion; if too gentle and remiss, 'twould leave and allow the Conquered a power and means of recovering their power again. XII. That if the Parliament should in any degree prevail, there would want no Policy or Stratagems to disturb and interrupt their further prevailing, all falsehoods, Impostures, Counterseitings, Semblances of friendship, of business & Commerce to be practised against them and their success, as by foreign Tenders from abroad, Private Addresses here at home, all from the same disaffected and troubled Fountain, moved and stirred by the Enemy on purpose to divert their thoughts and counsels, to retard and hinder their progress and success. XIII. That above all in the doubtful events of War as it was likely to fall out betwixt Persons offending on the part hating to be reformed, and a Court of Parliament on the other, chosen and set apart to redress Grievances in a Commonwealth, offenders would apply themselves for refuge to the King a supreme Power, whom if he did protect, y Mr. John Heywood on the life of Hen the 4th. (making thereby the offenders faults his own) would without dispute revert to his dishonour, and consequently beg●t a jealousy and Difference betwixt him and his People; and if the parliament should take ill his protecting them, there would issue a Contest kindling and preparatory to a War, thence if the King engaged, and the Parliament resisted or fought, they could not hope if they were subdued to avoid the Charge of High-Treason, nor think it an easy thing in the first beginning of their strength to prove conquerors over a King seated a long time in an ancient Monarchy, invested with many advantages of power, and guarded with Courtiers, Friends of all sorts, Servants, and Favourites, all of which had their retinue also and train of friends to assist in case of needing such: Besides, the King if resisted and opposed, and thence a War fall out betwixt him and his subjects, They could not hope soon, or suddenly to overcome him, but the War must be of some continuance, the seat thereof in the bowels and best parts of the kingdom, nor to be only an intestine War at home, but foreign Forces to be expected from abroad, for that the King to maintain his cause would endeavour to engage other Kings in his quarrel to take part with him upon this suggestion, That their Subjects by the example of his may do the like, how treasonable and dangerous a precedent it is for subjects to rise in arms against their King: when as unto them who have known the state and government of other Kingdoms, the case between other Kings and their Subjects is far different from This both in the manner and frequency of his Offendings (as the Charges and Remonstrances of both Houses of Parliament published to the world have declared) touching his actions and demeanour during or near the time of his whole reign as also, in the condition and quality of the Government of this Kingdom different by many Notes of distinction limited from all other throughout EUROPE; all States and kingdoms having their peculiar Laws, Constitutions, Forms of Government, Degrees of Subjection in the Governed: This having been no absolute but a limited and mixed Monarchy, where the King was (as a great z Bracton lib. 4. Lawyer takes his Dimension) Singulis maior, universis minor, &c. Wherefore if amongst other Nations, our neighbouring a France. kingdom by reason of the Commotions and Civil broils in it shall as some of them do object, That the subjects of this having taken up Arms against the King's Parties attempts and force, have infected the subjects of that kingdom with the like disposition and design of disobedience and rebellion; 'Tis answered, the Government of That differs in their Laws, Manners, Constitutions, and Policies, as much from This as two Christian Kingdoms may in theirs; and as to the matter of Freedom the old received saying mentions the different ways of Government betwixt Us and Them, betwixt the King of that Realm commanding on his part whatsoever he pleaseth, and the Subjects obeying on theirs, in that it is commonly said, howbeit with too acute and bold a censure, that their King is Asinorum Rex, the King of England Hominum; for no other reason than that the People of the one are subject and obedient to the Will and Arbitrary Government of theirs, the People of England pay a known and limited obedience by the laws, which the King is alike sworn to keep by his practice in his own Person, and by his power to maintain it towards others, as the People to obey. The laws, customs, and Constitutions of England as a b See the Duke of Rohan in his Treatise of the Interests of the Princes and States of Christendom, calling England a little world set apart as having nothing to do with other Princes, &c. Noble Prince and Peer of France observes, are of another form of Government differing from all other Nations, some being Free-States, others simply and absolutely Monarchies, having Power, and as they think also Right to enforce and conform all under them to slavery and vassalage. XIIII. That if the Parliament notwithstanding these attempts and practices against Their Power should prevail, They would and must to keep up Their Power, lay Taxes and Payments on the People, who when the War did seem or was near an end, their complaint would be, and that with repining and murmuring [The War is ended, the Taxes and Payments yet continued] not considering that it is of as great concernment to keep as to gain a Victory, nor sensible of the quiet and safety which through the counsel and vigilancy of the higher Powers they do enjoy, and other Countries infested with the like Civil Wars do want, when as the Parliament in case of Their prevailing were to weigh withal the doubts and dangers attending Them, the care, jealousy and fears which no men but would avoid the troubles of, and such as They must be subject to until the Conquest be fully made, the cares against the surprisal of their Enemy, the jealousy of friends proving false, or falling off, the fears of losing what They should gain; all these being passive more serious and anxious than the hopes of the adverse part, fears more deeply seizing and disquieting the conquerors spirits especially whilst their Victory is accompanied with study and thoughts of mercy towards the Conquered, hopes in the vanquished being more bold and active, raising thoughts working still how to recover what they have lost. XV. Again, They could not but consider that in a War with Them, the King Their Enemy would have some of his Party fit and able to inveigh and declaim against Them as being Rebels for contending with him, wherefore in case of the Parliaments prevailing until a full Conquest made, They being subject to the charge of Rebellion, Treason, and accused thereof, as by several Edicts and Declarations published it hath fallen out; and that the King with the help of his c Mercurius Aulicus. Chronicler hath in a continued tone named Them the rebels at Westminster, Perjured, and nothing since of pardon to assoil them from such guilt to repeal such censure, could not but expect to be dealt with by their Enemies thirsting after Revenge and Conquest with Vices of as sharp an edge to revenge and wound as with Dissembling, Treachery, falsehood, Perjury, whilst the Parliament and their friends are in the state of traitors, as the King's party counteth Them, and nothing done by him to clear Them from such guilt, 'tis held but just to recompense Treason with Treachery, Forswearing with Forswearing, and all held honest means in order to the chastising rebels, and good enough to be practised against the Power of traitors, casting and scattering the seeds of those Vices even amongst the Parliaments own Friends, to divide Them within Themselves, to cut asunder the ties and Ligaments which should strengthen their Accord, that being weakened they may be overcome at last; So the Dissembling, Fraud and Art which the Loser practiseth as his means of recovering his loss, may teach the Winner as his means to keep what he hath got, XVI. That all disasters and evils, whether sickness, Dearth, or what Calamities soever happening through and by reason of such numerous bodies as an Army consists of, what Enormities and Errors committed or suffered either in Church or State, an Army can by their strength defend, and justify, none daring to question them, so all the evils and injuries done to be laid to the charge of the present power, which Governs and Rules no better in the people's account, thence reckoning all the disasters of the war to flow, not looking on the first occasion and Authors of the war. Neither doth the people's regret and jealousy cease in this surmise, for that moreover there are to be Agents and Officers belonging to, and providing for an Army (Receivers, Expenditors, Treasurers) others, too many to be here recited, who in troubled waters will bring in to their private bank what is to be raised for the public use, and that the war and Calamities thereof are protracted through their corruption and privy gainings. XVII. That in a Battle fought which side soever should prevail, there would fall ou● enough to disturb and divide the thoughts of either side (the Conquered and conqueror) fears and doubtings in the Conquered, whether they should wholly yield unto the conqueror, or entertain hopes of recovering their loss again, Pride and Insolence in the conquerors dividing them likewise into variety of opinions what course were fittest to be taken for their next achievement, the distractions thereof have sometimes overthrown an Army, the Commander in chief being not at all times present nor his judgement at any time infallibly certain to direct, and when a d Victoria naturâ insolens & superba est Cicero. victory shall be gained, which naturally is proud, and by Pride comes contentions, emulations, and variances in actions as well as in opinions, the conqueror's strength would be thereby weakened, and thence in danger to be lost. XVIII. That until a complete and full conquest made, which could not be without much pressure, and heavy sufferings on the vanquished, without charge and payments laid on all, Enemies, Friends (Enemies in being fined for their Delinquency, Friends burdened by reason of their expense and charge in the public service, of providing for the common peace, for the maintenance of the soldiery and the like) an Army was to be continued and maintained to prevent Insurrections here at home, inroads and invasions from abroad, that the Army was to consist of multitudes of soldiers, those multitudes would have their several humours and opinions tending to divisions, consequently to the destruction and ruin of the whole, that without an extraordinary care to please and satisfy them in their demands, there would be mutinying, revolting, and inconstancy in the private soldiery for want of judgement to discern for what they fought. XIX. That if the conquerors power should at any time abate, before a full and total conquest made, he would be put to it what course to take to increase it again, Forcing and Impressing men to fight in a cause so intricate, as unto some it seemed then, and for a long time controverted as this hath been would prove harsh and irksome and would meet with resistance in a people made and born free, unless their pay and reward be answerable to, yea beyond their meritings. XX. That in the confusion of a civil war, many dissensions and emulations upon true or misapprehended grounds, would fall out amongst the orders and ranks of men, to disturb and overthrow the degrees and dependencies each on other, according to their several and respective Qualities, all begetting and Fomenting an universal distraction throughout the Kingdom, not easily to be allayed in the heat and preparations to a war, until a deliberate and true examining the misunderstandings which the fury of a War begun would scarce endure, should set it aright. XXI that if new and subdivisions should fall out amongst themselves in matters of judgement or opinion, and thence contentions grow, the prevailing party would be to seek how to deal with those who formerly had been their friends, and heretofore assisted them in their greatest wants, but since by reason of new dissensions have discontinued their affections acting and labouring against their proceedings, whether in point of Gratitude they should forbear to punish them as their adversaries, or in point of Safe●y take such a course as may best defend and secure them, and themselves also, from the common enemy. XXII. That a war, the longer it continues, the more cruel and desperate it would grow; for that, when as one party hath prevailed, and afterwards the victory comes again to be disputed, the success grow doubtful, the prevailing power must, and with good reason would, punish their adversaries with a severer hand, the adversaries out of foresight thereof would be the more sedulous to prevent, the more active to provide against such severity, so the contention between them would become the more extreme. XXIII. That, in the sum of all, a war although of a short continuance would produce more mischiefs, more Sects and Schisms, more disorder and disturbances in a commonwealth, than a Peace restored again, although of many years growth would recover to its former temper. So many anxieties, so much evil incident to a civil war, could not but keep wise men from harbouring the least thoughts of levying one, yea to say more on the Parliaments behalf, and Their desires of peace, after the war was waged, and to prevent the effusion of more blood, Their offering and accepting Treaties, have manifested the same; that when in Thei● battles fought, They were at the highest tide of success, They did not refuse to Treat, nor when at the lowest ebb forbear to Fight. These prudential Reasons incident to, and consequent on a war, and to wise men obvious to have been foreseen could not but induce Them to decline a war, yea deter Them from levying one, These might withal together with many more which might be added hereunto, and put into the balance with the Objections offered by the King's Party [to prove the Parliaments design of overthrowing Monarchy, which they could not do but by a war,] will outweigh the objections, and imprint in all men who shall impartially look into the beginnings and progress of this War an undoubted knowledge of the Parliaments just actings, and these Reasons of foresight together with what hath past, might satisfy all knowing and discerning men that if the Parliament did intend to levy a War against the King's evil counsellors, the kingdom's e King James his Speech in Parliament, 1609 Pests and Vipers, rather than They should be borne down in Their just defence, They did not intend to levy one against the King who had as many friends to adhere unto as the Parliament had enemies of many sorts offenders Interested and Obnoxious Persons to confront and oppose Them in their proceedings. The Reasons being now set forth which might give assured satisfaction to the Reader of the Parliaments averseness from a War, of their desires for Peace, it is to be equally considered what may be brought in by way of opposition against the applying them rather to the Parliaments Interest than to the Kings. If it be retorted as an Objection against the Parliament and Their Friends, that the King's Party being discerning and prudent men, might have made use of the self same Reasons for their declining a war also being of the like prudence and foresight: 'Tis answered, they being invested with a full and ample power of the King and his adherents it might breed in them a greater confidence of prevailing, and so were not to be conceived to apprehend so many doubts and fears in their undertaking a War as the Court of Parliament did. The chief matter of Objection which their enemies give out whether published in Print or discoursed only is that three or four Gentlemen of quality of popular note as they render them before the beginning of this war, chosen Members of the House of Commons together with a Baron of the realm, a Peer of the House of Lords, dwelling in neighbouring Counties each to other, and sojourning before the beginning of these troubles with a f In Norththamptonshire. Gentleman a Neighbour and Friend of theirs did there conspire or contrive the overthrow of Monarchy, to alter the frame of Government with intent to act against the Power and Person of the King: If neither of these contrivances or intents appeared by any Discourse, Letters or other Acts of theirs, the Objectors show more spleen against those Gentlemen than reason in drawing a prejudicial conclusion against the Parliament from their own feigned or mis-conceived premises. Many the like objection may be devised and whispered on purpose to traduce the Cause and Persons now opposed, but unless the Truth were proved, and the Inference better framed, the Objections are of little use. Did not the Parliament suffer more through Divisions within Themselves, then by such Arguments and Inferences used by Their adversaries, such like Calumnies could not hurt Them; for that They have now got the upper hand They seem notwithstanding to divide anew, with appearance and approach of danger to both the divided Parties, the one leaning on a Covenant which party supposeth it to enjoin and hold a Presbyterian Form of Government, the other contending for a kind of Independency, as 'tis called, yet it is to be presumed that neither the Independent which seems a privative, nor the Presbyterian a positive form, can as yet during these Distractions be firmly and throughly established, such Contentions may unhappily beget a Quarrel to the overthrow of both upon their Conquering, which will be held rather an event of the conquerors good success than from any self-wilful humour, many on either side being sober and discerning Gentlemen, which division if it should continue, what may be guessed to be the event thereof, that for the sake of a few dissenting in opinion we should fall out within ourselves, or that a Neighbouring Nation of late our friends and fellow-sufferers g Sir Francis Bacon on the life of Hen. the 7th. whose aid and union might have been of mutual security and use to Us both should fall out with Us or We with Them, and so imbroil two Kingdoms at the least in an irreconcilable War about differences in opinion, about terms merely notional, about opinions strange and unknown to them (In the first War they knew for what they fought) about a form of Government, which hath not nor can take root until the war which confounds and overthrows all Government be ended; The direct and certain issue in the trial of the first Contention betwixt the King and Parliament was Whether the King having by his Creatures actually invaded the Subjects Liberties (the other differences in Church and State are collateral accidentally emergent out of the grand Difference about the first and more principal (viz.) the Subjects Liberty) The Court of Parliament should sit as sceptics to look on only without purposing or endeavouring to redress the same, or to be so confined in Their Consultations and Resolutions, as their Enemies should prescribe, or the extremest of all, be so driven to new counsels, to extraordinary high and severe proceedings, to courses seldom practised, (the passages and quality of the persons with with whom they had to deal being weighed withal) as where the disease is imminently dangerous the mischief desperate, the Cure must be answerable, or the whole Body perish for want of a timely and prudent remedy to be applied: The Parliaments actions if therefore rigid and severe as to their Enemies, if variable and uncertain as to their selves may in these straits and exigencies whereunto they are driven and forced for safety be dispensed with: It seems to fare with them as with Seafaring men in a boisterous storm who are fain to steer their vessel, which way they may best secure their Fraught and Charge, sometimes Northerly sometimes plain North, sometimes Northwest, sometimes north-east, sometimes plain South, sometimes North again, so from one cross point unto another having still the Harbour and End of their Voyage in their eye, so with Them encountering with such uncertainty and variety of oppositions from their enemies, (yet all meeting in one centre to the subversion of their power and strength) such nonconformity & dissension even amongst themselves & friends that They cannot yet Act within a direct, certain, and constant compass, to please all lookers on, Their aim and end notwithstanding may be one and the same [the defence of the laws, the people's liberties, and the maintenance of the supremest Law the people's safety] yea Their Edicts, Orders, and Ordinances devised and made in jealous▪ and troubled times cannot well be free from all exception, Many of their adversaries being knowing and prudent men if their animosity and height of Spirit would give way to the exercise of their knowledge upon their consulting and conferring their observations to what they have known and read can no doubt frame exceptions against the Parliaments proceedings, as the acute and more witty sort can deride and make sport at Them in their looser jests and Poems: Neither will any man imagine that in the fierceness and heat of preparations for a War, when their chief thoughts of providing to assail and to defend were most attentive and wholly taken up, that then They could devise so punctually exact and perfe●t Laws and Ordinances as perpetually to bind, or such as no specious Objections might be urged against the consonancy of some of Their late Ordinances to former and wholesome laws; yet whilst their endeavours are to maintain and defend the main Principles (viz.) God's Honour, the Subjects liberty (the one in danger to be born down, the other by several arbitrary act● of power invaded) and the Laws and Ordinances for maintenance of both by the same power made ineffectual and neglected: when the Parliament in defence thereof saw how They were interrupted in Their proceedings how compassed about with a potent Enemy surrounded with many advantages of power and policy to bend his forces against Them under the calumny of being Rebellious Subjects They were to provide alike how to preserve and secure by all possible means what he did attempt to overthrow; wherein they could not tread so even and precise a way in making all their Acts and Ordinances as to be free from being quarrelled, with, that no Reasons might be framed and arguments raised by such as were likely to prove their adversaries against some of such Their Ordinances yet the intent and ultimate end of Their undertaking may be one and the same [the preservation of the laws, the maintenance of the chief and supremest Law the people's h Nulla tam sancta Lex est quam non oppo●ceat, si salus populi post●let, urgeatque necessit●s, mu●are. Bodin lib. 4. de Repub. safety,] wherein if They shall fail or not be able to make it good, we know by some late years since experience how barbarously and cruelly their enemy's malice did show itself against Them as being reputed rebels, in case he shall recover his power again, how a desperate Revenge added to will second his first and furious cruelty, and to Crown his glory, as for the better exalting his pretence he shall impute it unto God's justice saying [It is the Lord's doing (it may be his suffering it through their divisions) and it is marvelous in our eyes that he hath wrested the Sword out of our enemy's hands and put it into ours, for no man he will say can think that Rebellion as he takes it shall for ever pass unpunished] th●n when he hath regained his Power, he will not want Arguments from his own, nor from a neutral party siding with him upon his conquering, to bring whom he pleaseth within the compass of Treason and Rebellion to make the Parliament men's Persons and Acts his i See the Parliaments Remonstrance 1647. sport and scorn, those Proclamations of his lately accusing and proscribing many of both Houses of Parliament as guilty of High Treason, with other Edicts of his to be revived, those sentences and judgements seriously denounced against Them and Their proceedings, the scoffs and flouts jestingly passed on the Parliament and Their friends and by the wi● and power of Their adversaries made good against Them whey They have lost Their Power; which Power is visible yet, Their strength not shortened, the great difficulties the fierce conflicts which They have wrestled with, the Revolting of Their Friends, the multiformity of Opinions amongst Themselves might have have abated Their success and weakened Their strength, had not an Almighty hand supported Them amongst those difficulties, never so many stratagems policies and falsehoods practised by an Enemy to impair the Parliaments strength to advance his own, but that the God of Truth hath discomfited and dispelled them all, in which whither ●he hath done it in favour to the justice of Their Cause, or in his foreknowledge of Their Enemy's malice to be avenged if he could have got the upper hand, I leave to the judgement of the cried up k In the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 28. upon the Vote of Non-Addresses. Author who hath more fitly observed That God's wise providence often permits what his revealed Word approves not, than he hath suited his resembling of the Parliaments successes to prosperous winds filling the sails of pirates to justify their piracy, when as the giving or denying victory and courage in the day of Battle is a more immediate and effectual work of God's Almighty Power acting and taking an especial care in the affairs of War. The Reasons l In the Book styled the present judgement of the Convocation held at Oxford. offered against the Covenant Directory and Negative Oath are learnedly penned if as appositely applied: To the two first, let the Scots maintain what they were the first contrivers of themselves, yet thus much may be said on their and our part jointly that the signification of the terms [Tyrant and King] being opposite (although in m Cal●ing J●piter (amongst the rest of t●e heathen Gods) {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. Homer's time the word Tyrant was taken in the better part) the one the desolation, the other the n {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} quasi {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. foundation of a people, both Nations declaring and accusing the King of Tyranny neither of them could think that the frequent Petitions in the Common Prayer book for and in the King's behalf were to be used by his people, himself being in open arms against them: The Common Prayer book was confirmed by a Statute Law in a Prince's time who at the beginning of her reign having redeemed the protestant Religion out of the bondage of Popery and superstition did by her piety and prowess keep her people in peace and plenty, and therefore might deserve their prayers when and as often as the Liturgy prescribes. The Ordinance for laying aside the Service book for enjoying the Directory is an act of their present judgement who have done it, as the arguing against the Directory from Oxford is an act of theirs which they so represent as if their after-judgment and second thoughts might admit what for the present they have reasoned against, who with a cautious modesty have argued and styled it their present judgement: If positive laws be subject to alteration and repeal, Ordinances which bind only for the present may likewise be, so than a set form of prayer may be resumed and used according to the Orthodox and true Church discipline admitting also the most principal and necessary parts of divine service prescribed in the Liturgy. So the Negative Oath, That none shall assist the King against the Parliament and his People, &c. where a thing is commanded or forbidden by any Powers, the withstanding and doing contrary to the command of such Powers is a transgression punishable at their pleasure and discretion, whether it be by Fining, Imprisoning, according to the degree of the offence, wherefore the urging Cap. 11. Hen. 7. seems not appliable to the condition of this present quarrel; for admit that neither of the three (viz. The Covenant, the Directory, the Negative Oath) be in the judgement of the Convocation at Oxford, and of many others free from being excepted against; as that neither the Covenant nor Negative Oath are to be imposed upon the Subjects, yet the distinction being made between the times of Peace and these of war takes off from the value of the exceptions: where two Parties are extremely opposite, each Party striving to make good their Interest, if the one may impose what oaths they please as the King's party did at Oxford, to enjoin all within their power (whether satisfied in their Consciences of the truth thereof or no) to swear that he was a Just, Pious and Protestant Prince, the present Powers may enjoin what they think fit in their prudence and knowledge of him to abrogate this latter Oath, and to forbid the assisting him In the Convocation House at Oxford their examining the Ordinance for enjoining all the Three particulars forementioned, they should as well have examined the Reasons of the Ordaining them, they should have premised and stated the occasion the beginning of the war how it came to be waged by whose means on which side the Offensive, on which the Defensive was; For to measure the thing enjoined by the particular events, by the subsequent and emergent actings, as what hath since fallen out, what hath been done what required to be done, is no good or adequate rule: had the matter occasioned been more suitable to the occasion, their exceptions against those Ordinances had more availed their Cause. The urging the transgression of a known Law (viz.) the 11 of Hen 7. 18. [That none that shall attend upon the King & do him true service, shall be attainted or forfeit any thing] fitteth not this present case, neither do they who urge the same, rightly examine the occasion and ground of enacting it, the Parliaments imprisoning fining their Enemies, is no transgression of that Law if rightly and formally understood, and wherefore 'twas made; The reason of enacting that Law is to be weighed, It was not with the late King as with Henry the seventh, the late King had no foreign or domestic wars, none stood in Rivalship with him for his crown, he came in Peace and by a lineal succession to it: when that Law was made in the eleventh of Henry the seventh his reign and after his conquest made, many the like laws were made in several Parliaments from his first coming to the Crown in relation to the security and attendance upon his person meeting with a Rebellion in the Kingdom of Ireland, mutinous and malcontented Subjects in the Kingdom here, ready to bid battle to him, the Parliament called when that Law was made (therefore styled by a learned o Sir Francis Bacon on the life of Hen. the 7th. Writer a Parliament of war being indeed in substance a Declaration only of a War against two potent Kings Charles the eighth of France & James the fourth of Scotland two Neighbouring Enemies of Henry the seventh) and then enacted with some Statutes conducing thereunto as the severe punishing mortpayes and keeping back soldiers wages by their captains, the like severity for the departure of soldiers without Licence, strengthening of the Common-Law in favour of protections for those that were in the King's service, and setting the gate open and wide for men to sell and mortgage their Lands without Fines for alienation to furnish themselves with money for the War, and lastly the voiding all Scottish men out of England; So the reader may observe wherefore that Statute so much urged against this present Parliament and on the King's behalf was enacted which also the aforesaid Writer judgeth to be more just than legal, more magnanimous than prudent, his reason was That it was both agreeable to reason of State that the subjects than should not inquire of the justice of the King's Title or quarrel, as also to good Conscience that whatsoever the fruits of War were, the subjects should not suffer for their obedience, besides it did the better take away the occasion for the people to busy themselves to pry into the King's title or quarrel for that however it fell, their safety was already provided for, withal it could not but greatly draw unto him the love and hearts of his people because he seemed more careful for them then for himself, the Writer excellently disputes the quality of that Statute setting forth the reason for, the inconvenience against the making it, observing also that it did take off from his party that great tye and spur of necessity to go victor's out of the field co●sidering their lives and fortunes were put in safety and protected whether they stood to it or ran away, concluding the force and obligation of the Law to be in itself Illusory as to the latter part of it by a precedent act of Parliament to bind and frustrate a future; whenas a supreme and absolute power cannot conclude itself neither that which is in nature revocable be made fixed▪ no more than if a men should appoint or declare by his Will that if he made any latter Will it should be void. the quality of the Statute itself being considered as to the Imprisoning Fining some of the King's Party for adhering unto for taking part with him against the known and fundamental laws seem to be of no use to the present quarrel betwixt the late King and the People, that objected Statute seeming Temporary only, whereupon the aforesaid Writer concludes with this aphorism that things that do not bind may satisfy for the tim●. But to return to the occasion of this war, how unhappily continued how easily the terms of dissension now in being are reconcilable how petty a difference there is betwixt the two tenants of Independent Presbyterian is easy for any man to know who shall inquire into the quality of either, of what growth settlement and extent they are, the one the Presbyterian not ripe enough as yet to be established, neither the times now fit to entertain a fixed or established form of Government to bind all sorts of men, many having been left at liberty whether they have or will take the Covenant, many who have taken it thinking themselves not obliged forthwith and in all parts to keep it having for some cause discovered since their taking set it aside: The other the Independent a seeming rather than a certain abdication or total renouncing all Government or for ever, the Lord General and his army called Independents (but why let them that call them so answer for it) have solemnly p In the Remonstrance dated Nov. 1648. pag. 6. declared against such disorder and non-Government: There are 'tis to be believed some adhering to the Parliament other of the same sort belonging to or having been of the Army that desire an independent and unlimited Power which neither derives its beginning nor receives its bounds from the Magistrate which kind of humour the Parliament neither q See the Declaration of the Lords and Commons in Answer to the Scots Commissioners dated the fourth of March, 1647. approveth nor admitteth of. There are some besides styled Independents and many of them may haply desire to shake off that heavy yoke of Government which grown through the corruption of manners and indulgency of times into abuse exorbitancy and oppressings doth gall and heavily press their Fellow Subjects necks not by an easy or ordinary course to be taken off; yet the granting these proves not that the Parl. maintains or which is less allows Disorder or Non●Government in a Commonwealth, the Division between them two Presbyterian and Independent was handsomely hatched and as cunningly carried on by the Common Enemy on purpose by Dividing to overcome them both, or as is before observed, it befell through their pride of Conquering: The main and original difference first in dispute between the King's party and the Parliament's arose from matter of Fact which brought in this dispute or question (amongst other things) unto whose charge the Deluge of blood spilled in this war is to be laid: The Parliament hath declared, That it is to be l●i● at the King and his Parties doors: For instance sake, The blood-guilty and horrid act of hindering the relief of Ireland whereby thousands of his Protestant subjects have been slain, which holds the three heretofore united kingdoms in a languishing and sad estate even at this day, the one divided against the other and many of the People of all three despairing to enjoy their former P●ace, the Parliament instancing First in his sparingly an● too late proclaiming their enemy's rebels when the Rebellion first broke out, By signing Commissions to the chief Actors in the Rebellion, r See the Breviary of the History of the Parliament of England, pag. 112. the general Assembly of the Church of Scotland sending unto him a serious Admonition to that purpose, and charging him therein to be guilty of the shedaing the ●loud of many thousands of his best subjects; The Parliament of England their Commissioners at the s See the Objections and Answers at large in the relation of the passages at the meeting at Uxbridge 1644. Printed then at Oxford. Treaty at Uxbridge urging as to the war in Ireland his disapproving the subscriptions of the Adventurers and Officers of the Army employed for the relief of his Protestant Subjects there, by means whereof the course intended was then diverted, his making a Cessation with the rebels which had it not been in the time of their greatest want and the Forces employed against them not drawn off, they might in all probability have been ere this subdued and the War even finished, Instead thereof it is protracted, That kingdom having been by the prowess of his t Hen. 2. ●. Eliz. predecessors kept entire united unto and a u The Law book Cas●s give the Reason why the bringing counterfeit money into England out of Ireland is but Misprision of Treason although the bringers know and utter it Quiae Hibernia est membrum Angliae. Dal●on justice of Peace in cap. de high Treason. Member of this State of England is by his and his Party's abetting it put into a Condition and even invited to invade and conquer This, And what was wanting to be further acted by himself and his council is now set on and continued by his Party, hindering the supplies and forces sent over by the Parliament to reduce the Rebels, raising and fomenting a new war between Us and the Scots to divert the Forces intended for the relief of Ireland, that by a war with Scotland the English may be less enabled to prosecut● their design in Ireland. That the Commissioners sent by the two Houses of Parliament for the better supply and encouragement of the Army in that kingdom, were discountenanced and commanded from the council there where the prosecution of the War was to be managed. The Houses of Lords and Commons in the debate with the King about the Affairs of Ireland sent him word that his Message then sent to Them wherein He chargeth them with false pretences and a purpose in Them to divert large sums of money collected from the English from the proper use to which it was intended, was an high breach of the Privilege of Parliament, and upon that occasion They declare many particulars of their care for the relief of I●eland and the Kings hindering it. Those particulars there expressed are as followeth, They declare that this bloody Rebellion was first raised by the same counsel that had before brought two great Armies within the bowels of this kingdom and two Protestant Nations ready to welter in each others blood, which were both defrayed a long time at the charge of the poor Commons in England, and quietly at last disbanded by God's blessing on the Parliaments endeavours; That this design failing, the same wicked Counsel who had caused that impious war raised this barbarous Rebellion in Ireland and recommended the suppressing thereof for the better colour to the Parliaments care who out of a fellow-feeling of the unspeakable miseries of their Protestant Brethren there, not suspecting this horrid Plot (now too apparent) did cheerfully undertake th●t great work, and do really intend and endeavour to settle the Protestant Religion and a permanent Peace in that Realm, to the glory of God, the honour and profit of his Majesty, and security of his three kingdoms: But how they have been discouraged retarded and diverted in and from this pious and glorious work by those traitorous counsels about his majesty will appear by these particulars. They there mention the sending over at the first of twenty thousand pounds by the Parliament and that good way found out to reduce Ireland by the Adventure of private men without charging the subject in general, which would probably have brought in a million of money had the King continued in or near London, and not by leaving his Parliament and making War upon it so intimidated and discouraged the Adventurers and Others who would have adventured, that that good Bill is rendered in a manner ineffectual. They mention that when at the sole charge of the Adventurers five thousand Foot and five hundred Horse were designed for the relief of Munster under the Command of an English w The Lord w●a●ton. Lord, and nothing was wanting but a Commission to enable him for the service, such was the power of wicked counsel that no Commission could be obtained from the King, by reason whereof Lymrick was wholly lost and the Province of Munster since in very great distress, That when well-affected Persons at their own charges by way of Adventure had prepared divers Ships and Pinnaces with a thousand Land Forces for the service of Ireland, desiring nothing but a Commission from his majesty, that Commission after twice sending to York for it and the Ships lying ready to set sail three weeks together at the charge of near three hundred pounds a day was likewise denied, and those Adventurers rather than to lose their Expedition were constrained to go by virtue of an Ordinance of both Houses of Parliament, That although the Lords justices of Ireland earnestly desired to have some pieces of Battery sent over as necessary for that service, ●et such Command was given to the Officers of the Tower that n●ne of the King's Ordnance must be sent to save his kingdom, That a prime Engineer and Quarte● master general of the Army in Ireland and in actual employment there against the rebels was called away from that important service by express command from the King, That a captain controller of the Artillery a man in pay and principally employed and trusted here by the Lord Lieutenant of Ireland for providing and ordering the Train of Artillery which was to be sent to Dublin, and who had received great sums of money for that purpose, was Commanded from that Employment and Trust to serve the King in this unnatural War against his Parliament, and when the Parliament had provided many hundred suits of clothes and sent them towards Chester, the Waggoners that undertook the Carriage of them were assaulted by the King's soldiers lying about COVENTRY who took away the Clothes, That three hundred suits of Clothes, sent likewise by the Parliament for Ireland towards Chester were all taken away by the King's Troopers under their Captain allowing it. As likewise that a great number of Draught-Horses prepared by the Parliament for the Artillery and Baggage for the Irish Army and sent to Chester for that purpose, being there attending a Passage were then required by the King for his present service in England, whose Forces were so quart●r●d about the Roads to Ireland that no Provision could pass thither by Land with any safety, That two other Captains the the admiral and Vice-Admiral of the ships appointed to lie upon the Coast of Ireland, to annoy the Rebels and to prevent the bringing Ammunition and Relief from foreign Parts were both called away from that employment by the King's Command and by reason of their departure from the Coast of Munster to which they were designed, the Rebels there have received Powder Ammunition and other Relief from foreign Parts. By which z See these Charges mentioned by the two Houses of Parliament against the King in M●. May his History lib. 1. cap. 6. pag. 118. particulars say they it may seem that those rebels were countenanced there to assist the Enemies of the Parliament here especially considering that those confident Rebels have presumed very lately to send a Petition to the King entituling themselves his majesty's Catholic Subjects of Ireland, complaining of the Puritan Parliament of England and desiring that since his Majesty comes not over thither according to their expectation they may come into England to his Mai●sty. These are the Charges whereof both Houses of Parliament have in these very words accused the King and cannot look back to retract their Charge: And what, at the beginning of this war, was imputed to the King's evil counsel as their crime in seducing him to an arbitrary and tyrannical way of Government, to the countenancing if not the promoting this Rebellion of the Irish, even now mentioned, to the refusing to sign the Proposition tendered to him by the two Houses of Parliament as the only and necessary means for settling a firm and well-grounded Peace (with other of the like kind which might be instanced in) the Houses out of tenderness to his honour would have remitted as to him, being willing to abstract and sever his personal Acts from the Acts of such his counsel: yet he refuseth not to excuse his counsel nor positively or seriously denieth those Charges as to himself, only jestingly declines the particular presumptions wherewith he was charged of his privily countenancing that Rebellion in Ireland as not worth the answering; withal whereas the King's party argue to have the King himself excused, his counsel blamed for his misgovernment, they must as well distinguish betwixt his counsel before the war and his Counsel since the War began and limit it to whom of that his Counsel were his Seducers: so the distinguishing before the War began, between the Kings own Acts and those of his evil counsel seems to be of no value whereby to excuse the King, and wholly and in a general way to charge his counsel indefinitely named [his evil counsel] igno●ely spoken who they were, neither assigning or setting forth (as the Arguers in the particulars should for the better completing their Apology for the King) who the superintendent and precedent of that counsel was: Besides, the King contending on the one hand to rescue and protect whom the Parliament on the other did contend to punish, it was a matter of no small difficulty to discern and judge by the understanding how an abstract and separation might be had betwixt the King and that his counsel they mutually and strenuously contending to assist and defend one another. The Question therefore by way of Argument betwixt the King's party and the Parliaments as between the Commissioners employed on either side to Treat, admits now no verbal or written Answer to or Denying; it is to be determined by no other Umpire than the Sword, and what the two opposite Parties have a long time strove for, the one defending their Cause in their Books and Writings by vehemency and height of Wit, the other theirs by solid and substantial Prudence seems to be left to the conqueror to determine. What the odds is betwixt their Writings because controverted by either side which Party doth declare and argue more prudentially the Reasons of their several undertakings in this quarrel as which Party the Kings or the Parliaments have writ more sufficiently and substantially concerning the subject of their Proceedings in this war, whose Writings and Declarations have been more true, whose most seditious and false, which Party hath in their several Books been most seriously and truly charged and accused of offending, which more genuinely and sincerely have argued, let the Reader judge: So because there may not want fuel for Contention 'tis debated concerning the actions of Violence and terror to the People on either part (the Kings and the Parliaments) which did act with more Cruelty by putting all sorts of People to the Sword, spoiling, consuming with sire laying wast Houses, Villages, Towns, 'Tis known that a a Berkshire. County not far distant, situate in the chiefest part of the Land gives testimony of consuming by b Twyford, O kingham, ●arringdon. fire against the one in a sad Record. As to the Writings on either side where the one hath propounded and objected what the other hath answered, for instance sake take three or four here following for the rest. First the Letter to the governor and council of War at Bristol (that City being then a Garrison for the Parliament) from the Lord lieutenant-general of the King's Forces c See Master May his History of the Parliament of England mentioning the Demand and Answer. requiring the governor and council there to forbear the putting to death the two Citizens, threatening withal to retaliate the like judgement and execution upon some Gentlemen of the Parliaments Party kept Prisoners by the Kings with the resolution and Answer of the governor and council to such Message. The quality of which Answer is forejudged already and replied unto in d In the Book of an unknown Author called The State's Martyr. Print to be an insolent Pamphlet with other words of scorn, which Letter and Answer being here set down, the Reader may discern the difference between the weight of either. PATRICK Earl of FORTH Lord ETTERICK, and Lord lieutenant-general of all his majesty's Forces. I Having been informed, that lately at a council of War you have condemned to death Robert yeoman's late sheriff of Bristol, who hath his majesty's Commission for raising a Regiment for his service, William yeoman's his Brother, George Bourchier, and Edward Dacres, all for expresing their Loyalty to his Majesty, and endeavouring his service, according to their Allegiance, and that you intend to proceed speedily against others in the like manner; do therefore signify to you, that I intend speedily to put Master George, Master Stephens, captain Huntley, and others, taken in Rebelion against his Majesty at Cyrencester, into the same condition. I do further advise you that if you offer by that unjust judgement to execute any of them you have so condemned; that those here in Custody Master George Master Stephens and captain Huntley must expect no Favour or Mercy. Given under mine hand at Oxford this 16th. of May 1643. FORTH. To the Commander in chief of the council of war at Bristol. The Answer of this Letter was as followeth. NATHANIEL FIENNES governor, and the council of war in the City of BRISTOL. HAving received a writing from your Lordship, wherein it is declared, that upon information of our late proceedings against Robert yeoman's, William yeoman's, and others, you intend to put Master George, Master Stephens, captain Huntley and others into the same condition, we are well assured that neither your Lordship, or any other mortal man can put them into the same condition, for wh●ther they live or die, they will always be accounted true and honest men faithful to their King and Country and such as in a fair and open way have always prosecuted that cause, which in their judgement guided by the judgement of the highest Court they held the justest; whereas the Conspirators of this City must both in life and death carry perpetually with them the Brand of Treachery and Conspiracy; and if Robert yeoman's had made use of his commission in an open way he should be put in no worse condition than others in the like kind had been; but the law of Nature amongst all men, and the Law of arms among soldiers make a difference between open Enemies and secret spies and Conspirators. And if you shall not make the like distinction we do signify unto you that we will not only proceed to the execution of the persons already condemned, but also of divers others of the Conspirators, unto whom we had some thoughts of extending mercy. And do further advise you, that if by any inhuman and un-souldier-like sentence, you shall proceed to the execution of the persons by you named, or any other of our friends in your custody that have been taken in a fair and open way of war, than Sir Walter Pye, Sir William Crofts and colonel Connesby, with divers others taken in open rebellion and actual war against the King and Kingdom, whom we have here in custody, must expect no Favour or Mercy: And by God's blessing upon our most just Cause, we have powers enough for our friend's security without taking in any that have gotten out of our reach and power, and although divers of yours of no mean quality and condition have been released by us. Given under our hand the 18th. of May 1643. Nathaniel Fiennes President. Clement Walker &c. To Patrick Earl of Forth Lord lieutenant-general. Secondly e See the Message and Answer. That from the marquess of Argyle and Sir William Armine Commissioners from both kingdoms of England and Scotland, fully and in few words delivering their Intentions and Reasons for the Summons sent to the governor of Carlisl●a Garrison for the King, with his Answer to them, full of words, pregnancy of wit and jealousy, rejecting their Summons, and some of his Party derogating elsewhere from the worth of f See the History of the King's affairs in Scotland, &c. where the Historian speaking of the marquess' M●n●●osse and Argyle, the generals of the two opposite Armies in the kingdom of Scotland he highly ex●olls M●ntrosse and as much reviles and derogates from Argyle, rendering him in many passages of that book A 〈◊〉 spirited So●ld●er and a Knave, when as in other men's judgements he had when he was so depraved otherwise proved himself. one of the Commissioners. A g See it cited in the Oxford Declaration pag. 1●. third of no great length the Reader hath it in the very words sent from both Houses of Parliament to the King, with his Parties descant and scornful Comment on the same. The Message sent from both Houses of Parliament to the King. We the Lords and Commons assembled in the Parliament of England taking into our Consideration a Letter sent from your Majesty dated the third of March instant and directed to the Lords and Commons of Parliament assembled at Westminster, (which by the contents of a Letter from the Earl of Forth unto the Lord general the Earl of Essex we conceive was intended to ourselves) Have resolved with the concurrent advice a●d consent of the Commissioners of the Kingdom of Scotland to represent to your Majesty in all humility and p●ai●ness● as followeth. That as we have used all means for a just and safe Peace; so will we never be wanting to d●e our utmost for the procuring thereof: But when we consider the expressions in that Letter of your Majesties, we have more sad and despairing thoughts of attaining the same then ever; because thereby those persons now assembled at Ox●ord who contrary to their duty have deser●ed your Parliament are put into an equal condition with it, and this Parliament co●v●ned according to the known and fundamental laws of the kingdom (the continuance whereof is established by a Law, consented unto by your Majesty) is in effect denied to be a Parliament, the scope and intention of that Letter being to make provision how all the Members (as it is pretended) of both Houses, may securely meet in a full and free Convention of Parliament whereof no other conclusion can be made, but that this present Parliament is not a full and free Convention of Parliament, & that to make it a full & free Convention of Parliament the presence of those is Necessary, who notwithstanding that they have deserted that great Trust and do levy War against the Parliament, are pretended to be Members of the two Houses of Parliament. And hereupon we think ourselves bound to let your Majesty know that seeing the continuance of this Parliament is settled by a Law (which as all other Law●s of your Kingdoms your Majesty hath sworn to maintain, as we are sworn to our All giance to your Majesty, those obligations being reciprocal) we must in duty and accordingly are resolved with our Lives and Fortunes to defend & preserve the Just Rights and full power of this Parliament; And do beseech your Majesty to be assured, That your majesty's royal and hearty concurrence with us herein will be the most effectual and ready means of procuring a firm and lasting peace in all your majesty's Dominions and of begetting a perfect understanding between your Majesty and your People, with●ut which your majesty's most earnest Professions and our real Intentions concernign the same, must necessarily be frustrated. And in case your majesty's three kingdoms should by reason thereof, remain in this sad and bleeding condition, tending by the continuance of this unnatural war to their ruin, your Majesty cannot be the least nor last sufferer. God in his goodness incline your royal breast out of pity and compassion to th●se deep sufferings of your Innocent People, to put a speedy and happy issue to these desperate evils by the joint advice of both your Kingdoms now happily united in this Cause by their late Solemn League and Covenant. Which as it will prove the surest remedy, so is it the earnest Prayer of your majesty's loyal Subjects, the Lords and Commons assembled in the Parliament of England. Westminster the 9th. day of March. 1643. Grey of Wark Speaker of the House of Peers pro tempore. William Lenthall Speaker of the Commons-House in PARLIAMENT. The King's parties Apprehension and Comment on the Letter in these words. Whosoever considers that this should be a Letter from Subjects might well think it very unbeseeming language in them to call his majesty's earnest endeavours for peace but Professions, and their own feigned pretences most real Intentions, but much more wonder at that menacing language, that his Majesty cannot be the least nor the last sufferer; which expressions from Subjects in Arms to their sovereign, what dangerous construction they may admit, we are unwilling to mention. Thus much for the King's parties Comment on the Letter. One other intercourse of Messages between both Parties of a latter time. The Summons sent by the Committee of both Kingdoms to the governor of Newarke for surrendering that town and Fort. The h See the King's Letter March 23. 1644. and the Committees Summons in April following. Summons expressing persuasive and valid reasons to surrender it, the governor rather his Secretaries Answer full of good Language, courage and strength of wit, wherein mentioning the King's Letter sent the 23 of March 1644. unto both Houses of Parliament, he urges the Kings granting Graecious Conditions, and proves it, in that he would Disband his Forces Dismantle his Garrisons &c. he who penned the Answer recites not all the King's proposals, as that he would have withal his Friends pardoned, the Sequestration taken from off their Estates and the like: either he saw not the King's whole Letter, being he recites but one part only, or else he smiles in his sleeve, thinking by his reserved Comment on the Letter to satisfy the Committee there and the whole Kingdom besides of the King's gracious inclination in that Letter, whereof the Answerer reciteth but one part: the offering those promises which he mentions and commends the King for, seems like Satan's contracting with our Saviour in the gospel who tells him of large gifts to give him all the kingdoms of the Earth and the glory of them, but on what condition? On such as Christ his purity and immunity from all sin could not accept viz. to fall down and worship him. The King's Letter was easily to be understood by any who shall read it collectively and all together but not a part only, as of disbanding his Forces dismantling his Garrisons with other the like gracious proffers made; but on what condition are they made? to have his friends pardoned and their Sequestra●i●ns wholly taken off. Such manner of collective speaking being conditional the one is not expected to be done on the one side, if the rest be not performed on the other. The Answerer's mentioning so much of the Letter as may serve the turn in reciting the King's gracious promise leaves out on what condition the promise is made: the condition annexed to the promise frustrates the virtue of the promise, for that which the answerer calls gracious in the King's Letter of Disbanding his forces, if nothing else were to be expected are in every man's judgement as in the Answerers gracious indeed, but that the Kings expects to have his Friends pardoned the Sequestrations wholly taken off from their Estates, were by the Parliaments giving way to the revoking their own judgements to accuse themselves of Injustice-doing to put them whom they accounted Offenders and their enemies into as good or better condition than their own friends, the Answerer if knowing the King's whole letter and would contract it into parts reciting only that which serves his turn, the Committee being presumed solid and understanding Gentlemen would questionless follow the dictates of their own judgement without replying to the Answerer. For an handsome Dialect and height of wit which haply may delight some Readers but cures not the distempers and calamities of a Civil war, nor satisfies the serious expectation of unbiased spectators or Actors in these Tragedies, it is confessed that the Assembly at Oxford and their Party in their Quarters there having the more facete and nimble wits with the help & influence of the Youth and scholars there, not ripe enough nor versed in the Laws & policies of a State, may seem to exceed the Parliament and those whom the Parliament employs in their expressions, but let the Books on either side be examined by the test of Reason and Prudence, the Reader will soon discern the difference and these four remarkable Messages instanced in may decide the contest, none other of all their conflicts of that kind being more opposite each to other, nor any of their Messages reciprocally sent more disdainfully rejected on either side then these four abovementioned. The Convocation house at Oxford urging a violation of that Statute 11 Hen. 7 before recited, and in page 31 of their Book (viz.) that [None that shall attend upon the King and do him true Service shall be attainted &c.] therefore requiring the people by virtue of that Statute to assist the King contrary to the Negative Oath imposed by the Parliament in these words [That I will no● directly nor indirectly adhere unto or willingly assist the King in this Cause or war against the Parliament nor any Forces raised without the consent of the two Houses of Parliament.] The words [assisting him] are made use of only without the termination or qualification how or on what terms; neither the People nor the Parliament (the Representative of the People) in Henry the seventh his time would have made or consented to a Law made noxious to themselves: If Henry the seventh had several ways oppressed his people and afterwards taken up arms to maintain his oppression, the Parliament would questionless have forborn the enacting such a Law, the Title whereof especially relating to the doing the King true service; wherefore unless true and lawful be contradictory terms which no man will suppose, that Statute was not so fitly applied in opposition to the Negative Oath, Neither doth the objector taking out only the word assisting and confining it to such a contracted sense as may serve his turn, satisfy the impartial Reader weighing and examining the tenor of the Statute and wherefore it was enjoined. But to the Reasons of the Presbyterians and their parties deserting their first judgement if so they have, it may be rather judged to be a fencing and trial of wits in an argumentative way of discoursing only, than any settled revolting from their first opinion. They are well read in the good man's Character who will not be afraid for any evil tidings, his heart standeth fast and will not shrink until &c. which suiteth well with the beginning of their Covenant, That they will sincerely really and constantly in their several places &c. Sincerely and Really that is with all truth and faithfulness, Constantly which is without defection or falling off on trivial dissentings in judgement and opinion: The Arguments they have lately taken up against the residing part of the Parliament and the Army, the maintainer of their power, and next under God the preserver of our Peace, are none of the more eminent sort of the Presbyterian Parties nor like to theirs, rather from a more wilful and weaker sort. The House of Parliament being grown thin by their first dividing, is by the Presbyterians deserting it become more thin, the more weak it is through their defections the more need it hath of being supported by their return. As for the Force which they and their subdivided Party urge to be offered to them by the Army their Servants, an high affront and breach of Parliament Privileges, both parties Presbyterian and Independent seem to be forced alike though not in an equal degree of strength and number yet in a strict and closer tye of Policy and Prudence by and through an extreme and inevitable necessity for the preservation of themselves and their fellow Subjects, neither they nor any of their party can devise or act a means how to s●ttle such a course as may prevent a total confusion or the overthrow of those who have already prevailed by the Sword, Nor to Still the common Enemy and Avenger; but if he being hard driven should by Treaty or other unsafe way of settling a peace have prevailed he had been left at liberty to do his pleasure: in Treaties or like ways of parlance what security could he have given or would he have kept commensurate to the safety and welfare of many thousands engaged in this quarrel to the avoidance of those dangers and jealousies administered by him? The example of Henry the third of England is memorable for his compliance and giving way unto a Treaty, his signing Articles to perform the Treaty, but when he had by that recovered his power again kept none of them. But to the Presbyterians Arguments, and their paralleling the Kings offering a force to six members of the Houses of Parliament to the force offered unto the e●ected and repulsed Members by the Army: the King might by an usurped authority break in and do whatsoever he pleased, to grieve and vex whosoever should not submit to his will, to exercise a regal power above the laws from assuming unto himself by a strong self conceit an unlimited sovereignty & transcendency of Might in nothing to be resisted, to awe and force this present Parliament and all future Parliaments (in case he had any purpose to summon any more) to his beck as 'tis probable. Not long after, by the like menacing and imperious Act of proclaiming those Gentlemen i See the Proclamation in the King's name set forth 1642▪ accusing many Gentlemen serving as Knights and Burgesses for their several and respective Count●es to be traitors and their Persons to be seized on as rebels. traitors who either obeyed not or refused to conform to his present will: There was no necessity but his sole will to force all those who complied not with him to save and rescue his creatures from the hand of justice; and whether there be not now a stronger necessity then before the great and universal engagement of many good and deserving men, let all men judge. In that the Presbyterians take it ill that their servants (so the Army style themselves) should force their Masters, they are not simply and precisely servants immediate, many of them their equals as being Members of the same Parliament and Commanders and Officers in the Army, the private soldiers commanded and led by them; or the Army relatively unto Them as jurors in a trial of Right at Westminster before a number of judges (for so the Parliament are although the resemblance holds not adequately as to an Army and to a jury) Let a Mayor part of the judges incline or direct which way they please yet an upright jury will find according to the evidence in being: The evidence in this case is the certainty of knowing and recollecting things past, the foresight of things to come, which induceth them to bring in such verdict as may render all things just and safe: for when it shall happen to be debated which ought to be preferred, The Privilege of Parliament or the safety of a Kingdom every one can judge which ought to sway the balance. Again admit 〈◊〉 Army to be their Servants (yet properly they are servants unto those from whom they receive their pay, that is from the Kingdom and the Representative thereof, neither from the Presbyterian nor Independent party) In a mixed and joint Government where more than one commandeth and a mutual consent had betwixt the governors that the People to be commanded shall obey the discreeter party, they mutually consent that the people shall be directed by the wiser of the two; there it is left to the Election and discretion of the people which of them to pay obedience unto: It skills not in a governing and politic body (consisting of many Ruling and all consenting in the main) which is the Major part or which is to be obeyed, unless that Major part will do the work themselves without the help of those whom they do employ: that part rather it should seem most fit to be obeyed, which acts and endeavours (without respect had to the Majority) in the more prudent watchful and safe way, so 'tis no disobedience or affront offered by their Army, where obedience may be dangerous to the obeyers, to the Parliament Party of what kind soever and Their adherents. The quarrel is not between a power of a momentary and slight concernment on the one side, and a vanishing and light obedience on the other, but a long and throughly controverted contention between two Powers upon the issue whereof the safety and welfare of the two Kingdoms doth rest, and besides that, on which the Correspondencies Observations and Commerce between Them and most foreigners throughout the Christian World (looking on the passages of our Affairs and giving judgement thereupon) depends. It may seem as the design is driven on a Contention tripartite, handsomely devised and with a great dexterity of wit carried on by the common Enemy, in that some of the King's Party prefer the Presbyterian before the Independent, some the Independent before the Presbyterian, k See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in Treatise 17. on Church-Government. ha●ing both yet they give good words unto and comply with the more discontented and weaker party until by their cunning Artifice they overcome them also, so in this Leger de main and slight of wit blow the coals of dissension betwixt them both, those of the Presbyterian can look for no other than Polyphemus his courtesy to be of those last to be devoured. The Presbyterian out of zeal for the maintenance of his Cause not foreseeing what danger might befall by his Dividing fondly conceives that either the War is ended, therefore he may now safely Divide from those with whom he heretofore hath joined or that his Cause for the Covenant sake is so good that to maintain his Tenent he sticks not at the endangering himself and his Friends, nor that the Enemy having his Friends and instruments up and down in all Corners of the Realm will and can keep those two parties now in difference at that distance that they shall not be able to join their Forces again to conquer him: where it is not meant to involve all Presbyterians in the same tenants or Intents, counsels and Affections, for 'tis to be believed there are a considerable party amongst them who rightly apprehend the true state of the controversy between Us and the Scots, and cannot but foresee that a compliance with the Scots as matters now stand would prove pernicious to the English Nation as well to themselves as to the Independents so termed, for notwithstanding any pretended difference between them they cannot well avoid the danger of jointly suffering if by their Dividing the public and common safety be deserted. Besides as to the major and minor part of Members sitting in the House or secluded, or voluntarily absenting themselves from the House, so that the greater number are absent as the Presbyterian reckoneth, he must take heed of that Objection lest he open an old wound long since salved up (through God's blessing on their success) and that Objection be made use of against them all of both Houses, and against that Authority whereby they have at any time acted since the Contention first began betwixt the King's Party's claim to their Parliament at Oxford, and the Parliament Party's claim to theirs at Westminster; For if the King's Party did rightly calculate their Numbers which were in both Houses of Lords and Commons l See their Declaration Printed at Oxford, March 1643. towards the end of the Book. 258. either personally sitting or absent upon employment for the King, that number exceeded that of those sitting at Westminster, so that the Argument for the major part of the number of Members Presbyterially affected and that way Covenanted, against which (viz. the Covenant) the King friends have learnedly as yet unansweredly m In a Book styled [The presen● judgement of the Corvocation at Oxford, dated June 1647.] which if weighed with the Arguments in the Letter written by the London Ministers to the Lord Fairfax and his council of War, dated January 1648. in behalf of the Covenant and the keeping it the Reader will soon discern the odds. argued is no safe or prudent Argument at this time to be used, (however the Covenant and the Reasons for keeping it are abetted and seconded in an elaborately written Letter by the London. Ministers) lest they help their first and common Enemy to rouse an Objection which hath a long time slept for the maintaining their Parliament at Oxford, For, by the way, had those Ministers employed their pains in answering that Book first, which indeed was worthy of and required an Answer to have cleared the Question, their Letter might have been better credited and more universally received, which Book had it come sooner to the public view and before the universal entering into the Covenant, many had been drawn for the reasons therein expressed from taking the Covenant. The Ministers in that their Letter much insist on the Protestation taken May 1641. wherein the Protesting is for the maintenance of the King's Honour, Person and Estate, yet the End (at which all matters of weight do aim) is the Preservation of Religion, laws and Liberties. The maintenance of the King's Honour, &c. is but a piece of the Protestation, the sum, full sense and scope thereof the Preservation of Religion and laws. The Principles which were first engaged upon and protested for if rightly cast up but two in Chief, the securing the Protestant Religion, the Primum quaerite, the preservation of the Laws and Peace, the * Suprema Lex Salus Populi. chiefest Law the people's safety, the other Principles are subservient only, and fall in by way of complication and dependency upon those two as the Means unto the End. The well weighing the Protestation might have confined and settled the unresolved and doubtful thoughts of man in what the End and Aime of the Protestation was, a Promise to fulfil as much as in us lies the commandments of the first and second Table of the Law directing our duty towards God and Man, the several parts in the Protestation tending in the sum to the maintenance of God's Honour, the Kings, the subjects Right and Liberty, no one part thereof if rightly applied and understood crossing another, and therefore how comes it to pass, that the Protestation being one and the same, the course of men's affections should be thus divided into Factions and Part-takings, or that some should be of opinion, That [To maintain the King's Honour, Person and Estate, is to adhere unto him in this present war in what he shall command?] even because they do not equally weigh each part of the Protestation (viz.) The defence of the Protestant Religion, the Power and Privileges of Parliament, the subjects Right and Liberty, for by the Protester's observing all, the King is best observed and truliest, his Honour and Promises being engaged to maintain the latter three, when as every one who took the Protestation did in his thoughts endeavour and intend according to his power to make him a sovereign Lord of a free and flourishing People, the King's Protestations concurring with and tending to that end, so the Protestation taken all together is best observed and kept. To the Protestation for the Defence of the Protestant Religion, every one who takes it is not immediately and specially bound by virtue of his Vow to n See the Exhortation to the taking the Covenant for Reformation and Defence of Religion, &c. extirpate and remove all Papists or to offer violence to their persons, that is above the Power and Liberty of every common Person, neither is wishing well alone and sitting still a sufficient discharge of the Protesters duty of vowing to endeavour: Endeavouring is a progressive motion and the Protesters neglecting and supine failing to endeavour can be no better reckoned of in these divided and subtle times than the * Livy. Historian did of those soldiers who dreamed of their enemies Votis & Seden●o debellari posse, or what the * Isaiah. Prophet doth of the Egyptians, that their strength was sit●ing still: A perfunctory and neutral slackness in the Protester satisfies not the precept which God himself enjoins, When thou vowest a vow unto the Lord, thou shalt not be slack to pay it, and wherein many have not only deserted this their vow but endeavoured against the same, others contemplatively only and remiss as not endeavouring at all but with close and cautiou● Reservations keep off their Endeavourings thence become wiser in their own eyes then their fellow Subjects, their abstruse and close demeanour being like Caius Cotta his (observed by the * Cice●o: orator,) who to carry on his Ambition and private Interests did outwardly comply with all sides, concealing and reserving the affections of his heart to his best advantage: The passive and faint observing of the Vow and Protestation in some, the Acting contrary to it in others is a sin which GOD is justly angry for, the neglect of which vow as we may justly fear (to use the very words of the o See the Exhortation of the Assembly of Divines to the taking the Covenant Printed Feb. 1643. Divines) open one Flood Gate the more to let in all these calamities upon the Kingdom. Wherefore if he who hath taken this protestation and shall solemnly observe the same shall foresee or hath cause of suspicion to believe that the Protestant Religion is or was when he took the same in danger of declining, and that the Papist was then p See the Lords and Commons Instructions for taking the Covenant. The unanimous judgement of most part of the kingdom observed by their several Peti●ions at that time presented especially that of the Gentry and Trained Bands of the County of Essex presented to their Lord Lieut. the Earl of Warwick. Likewise Sir Benjamin Rudyard his speech in the beginning of this Parliament about Popery countenanced. See Master May his History, Lib. 2. Chapter 6. Page 15. connived at and countenanced by higher powers (for the Question is not about the certain and actual bringing in of Popery, but touching the pregancy of suspicion) if the Protestor adhereth to that party which promiseth to defend the Protestant and opposeth that which countenanceth the Popish, his Protestation is then truliest kept, a promise or vow the more pursued the more fulfilled; in like manner to the other part of the same Protestation viz. The maintenance of the King's honour, every one who takes the same is not thereby bound to comply assent unto and obey the King in whatsoever he may command whether unlawful or unjust, or to think all his attempts and actions justifiable throughout; This were indeed in the highest degree and seemingly to honour him but in a more serious and as truly a loyal way of his being honoured by his Subjects is when they or those who are put in Place and Auhority over them shall inquire into and provide against all things incident to his Dishonour, when they shall endeavour to suppress all Astronts which may be offered to his Dignity: This though a more remote and less flattering, yet a more stableand certain discharge of duty in honouring him. To the COVENANT, the q See the Ordinance of the Lords and Commons assembled in Parliament with Instructions for taking the Covenant. Preamble prefixed thereto points at the sense thereof in these words. Whereas a Covenant for reformation and preservation of Religion, the maintenance and defence of laws and Liberties hath been thought a fit and excellent means to acquire the favour of Almighty God towards the three Kingdoms of England, Scotland and Ireland, and likewise to unite, and by uniting to strengthen and fortify them against the common Enemy of the true reformed Religion peace and prosperity of these Kingdoms. And in the Covenant itself wherein the Noblemen, Barons, Knights, Burgesses, Ministers of the gospel and Commons of all sorts in the Kingdoms of England Scotland and Ireland do swear, That they shall sincerely really and constantly through the grace of God endeavour in their several Places and Callings the preservation of the Reformed Religion. Secondly, That they shall in like manner without respect of persons endeavour the extirpation of Popery, Prelacy, &c. Thirdly, That they shall with the same reality and constancy in their several vocations endeavour with their Estates and Lives mutually to preserve the Rights and Privileges of the Parliament, and the Liberties of the Kingdoms, and to preserve and defend the King's majesty's Person and Authority in the preservation and defence of the true Religion and Liberties of the kingdoms. Fourthly, That they shall with all faithfulness endeavour the discovery of all such as have been or shall be Incendiaries, Malignants, or evil instruments by hindering the reformation of Religion, dividing the King from his People, or one of the Kingdoms from another, and them to bring to public trial. Fifthly, That justice may be done upon the wilful opposers of the firm Peace and Union betwixt the Kingdoms. Sixthly, That they shall in this common Cause of Religion Liberty and Peace of the Kingdoms assist and defend all those that take the Covenant, and shall not suffer themselves directly or indirectly by whatsoever combination persuasion or terror to be divided or with-drawn from this Union or Conjunction. The Objection which some men make that the late Engagement doth cross the Covenant at least one Article thereof [of defending the King's Person and Authority] It seems not so if we go further to what his Person and Authority is to be defended, and observe the whole Article, the current of the Covenant being for the preservation of Religion, the Liberties the Peace and Union betwixt the three Kingdoms against Papists Prelates Disturbers and Opposers of such Peace r Mr. Alexander Henderson in his reply to the Kings first Paper. In divers cases it cannot be denied but the obligation of an Oath or Covenant doth cease, As when we swear Homage and Fealty to our Lord and superior, who afterward ceaseth to be our Lord and superior, than the formal cause of the Oath is taken away, and therefore the Obligation, Sublato relato tollitur Correlatum. Admit that the three Kingdoms had been in imminent danger of Invasion from a foreign Enemy and the Subjects should for the defence thereof enter into a Solemn League in these words, Whereas a League and Covenant for strengthening the three kingdoms is thought a safe and necessary means conducing thereunto, That they will resist prevent, and bring to public trial all wilful Opposers of the safety of the said kingdoms, with sow other subordinate clauses and branches in the Covenant as namely, That they will maintain the Chief governor of them in his just Power &c. let it be the King himself or some other supreme Power equal to the King, although the King were to be valued as King David's People did value him at the price of ten thousand of themselves, yet if there be a greater price at stake and the chief governor be false to his Trust in Government, that thereby the safety of many hundred thousands be in jeapordy, that his design be probably such as to make his way through the shedding the blood of many thousands for compassing it, and rather than fail, engage the Kingdoms each against the other to the destruction of all three; It cannot be thought a breach of the Covenant in the Covenanters to remove the governor, when as the more principal matters to be secured are in danger to be destroyed: The Resemblance may be fitted in a case of a narrower orb: if soldiers in a Town of Garrison for the better security of the Town shall enter into a League and Covenant to preserve the Magazine thereof, to keep witho●t making away or suffering to be made away the Arms and Ammunition belonging to the Garrison, to defend the governor thereof; if notwithstanding this their Oath and League, they shall suspect Revolting in the governor, a Failer of his Trust whereby to turn the Arms and Ammunition against the Garrison and the Inhabitants to the detriment and destruction of the Town, so that upon good causes of suspicion of their governor's breach of Trust they remove the Magazine and Arms, they withstand and resist the governor, it is no violation of their Oath, for what they swore was in order and relation to the most considerable part of what they were to maintain, viz. The defence of the Town and Garrison, without staying until they had too late made a perfect and full discovery of the governor's Revolt and falsehood; If the King hath given cause of suspicion of maintaining s See the Essex Petition before cited. Popery, Prelacy, or of disturbing the Peace of any of these his kingdoms, it is no breach of the whole Covenant to provide against the endangering of what they have Covenanted more principally to secure: The Question is not of the King his enjoining, his immediate and actual bringing in of Popery (for then his own Protestant Party would have failed him in the maintenance of his Cause and quarrel) nor of his upholding and adhering unto Prelacy, which the t See their Commissioners judgement and intentions concerning. Episcopacy, Declaring Prelacy to be the cause of all our broil●. In their Papers dated 24 Feb. 1640. Scots have so much withstood and laboured to extirpate, but if he had not by his Power, Favour, or other personal relation working strongly on his affections given Cause of just suspicion of maintaining the one (viz.) Popery, of his taking part and favouring the other, Prelacy, if he had shown any dislike he had of Prelacy, any condiscending or propension to the abolishing it, according to the u See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in several Treatises (viz. (Upon the Listing & Raising Armie● against the King, Upon the Covenant and elsewhere. Covenant (which he hath been often implored to take) inhibiting it, If he had not had a great influence on the Archbishops and Bishops (and if the Author of that Book be to be credited) they Protection and encouragement from him, One of them avowing these Contentions and the war to be Bellum Episcopale as hath been given out That the war was intended and waged against Bishops, and the hierarchical Government) and had they not had tuition & support from his exercising a more powerful Authority than their ordinary and meaner friends could have supplied them with, there had not so much blood been spilled in this quarrel: So the substance and drift of the Covenant, one part of the Article being [to defend the King's Person and Authority] is not crossed by taking the Engagement of late enjoined, if duly weighed. Admit that the Letter of the Preamble to the Covenant did in the covenanters sense comprehend the King's Heirs and Successors, yet still the main and principal parts of the Covenant are to be observed in order to the preservation of the Protestant Religion, the Subjects Liberty, the Peace Union and Safety of the three Kingdoms; So that if his Heirs and Successors shall be discovered and known to tread in their Predecessour's steps, he having given cause of suspicion of his endeavouring to overthrow them all, the Covenanters could not both maintain the Honour of his Heirs and successors, and yet in the common Cause of Religion, Liberty, and Peace of the Kingdoms withstand as they w See the 6. Article of the Covenant. protested they would, all opposition to be made against the same, and what they could not of themselves suppress they would do their best to prevent and remove. The Scots our covenant-brethrens cannot but confess that the words [Preventing and Opposing] in the Covenanter with his large expression of bending his whole force and power carry an universal and greater latitude then to take away the present power of the father's Person, or that the Covenant should continue only for his life time, seven years, and the term of life being by common repute in mens' commerce equivalent each with other: the Covenant (Near half so many years in framing) no doubt was made and entered into to remain for longer than for so soon an expiring term as a man's life, to provide against his future and successive power, To take the pains of removing Danger out of the father's reach, and leave it in the son or any of his successors being of the father's temper and laying His Cause to heart could not be thought a Task worthy of so solemn a LEAGUE and COVENANT, or the Industry which both kingdoms have taken to settle their Peace and Liberties. As to that part of the Covenant [that they had then no intention to diminish the King's just power and greatness] they might intend no less until they saw they could not overcome him by humble applications and dutiful addresses, by their Reasons, Declarations, and Messages, setting forth the wrongs and injustices acted by his Ministers of justice, the mischiefs and dangers whereunto his kingdoms were exposed unless he returned and harkened to their counsels and join in redress of such Grievances; yet notwithstanding those faithful & humble expressions, that they could not discern any con●iscending to such Pe●tions, any acknowledgement of his former errors, any placable or propitious heart towards his Parliament and People, any purpose in him to sign those Propositions as the only and necessary means for settling a safe peace long since tendered to him jointly and unanimously by the Parliament then sitting, whether Presbyterians or Independents as they are called, yet not concluding or providing what was to be done in cased he did refuse; but instead of sorrowing for what he had done his refusing to sign those Propositions and contrary to the x See the Articles pag. 16 Demand 4 Granted by the King 1641. viz. That none should be admitted to his council or attendance but such as should be approved by both Kingdoms. Articles of the large Treaty agreed upon, gracing and preferring to his nearest secrecy and trust a person proclaimed guilty of High Tre●son, charging still and banding against the Parl. one of the Supremest and Greatest counsels for weight and number in all Europe, Retorting on them, and highly and with a scornful vanity demanding in lieu of the Propositions sent to him counter-Propositions of his Parties devising to be sent to them, contending to lay the deluge of blood spilled in this war at Their doors and theirs alone, ever seeking by a covert and restless ill-will one way against the y See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 4 and elsewhere in that Book, his parties constant 〈◊〉 towards the City of London and upon all occasions of his part●s naming it some of them have termed it a Rebellious City, a Magazine of Arms and Ammunition raised against their King, reproaching it with scornful nicknames as they pleased. Place receiving them, by traducing and rendering it (one of the most famous Cities of Christendom) guilty of High Treason, and thirsting to make the citizen's wealth their enemy's prey, another way by contending against the Parliament itself and Their z See their Declaration Printed at Oxford 1643 pag. 14 15. against the suggested irregular and undue proc●edings of the common-council the Represen●ative of the whole City. Friends assisting Them, to undermine Their power, they thought the Covenant not like an almanac out of date as the a See in the Letter of the Ministers their notice taking of the Parliament and Armies conceit had of the Covenant, page 8. Ministers within the Province of London do smilingly object, rather like an Obligation where the Obligor is left remediless through the Obligee his fury and oppression, disabling him from performing his Conditions; b See his Parties opinion of the Covenant and the taking of it in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} pag. 113, 114, 115. whether and how far it is to be kept how little uniformity in the taking or keeping it, and for what purpose in the author's judgement framed at first, how ambiguous and hard to be understood, how much mistaking or dissembling in the making it at first, or misrepresenting by those who like it no●, that howbeit one part thereof is That they had then no intention to diminish the King's just Power and greatness, the author in the King's name conceives that it was made and intended against the King as in many places of the Treatise against the Covenant the King's Party complaineth. See also the King's Declaration since the Paci●i●a●ion against the Scots and the Covenant pag 8 which opinion of his see confirmed in the marquess of Montrosse his Declaration set forth 1649 As in a B●ok called the History of the King's affairs in Scotland before cited, pag. 6. one part of the Covenant then being, that they had no thought or intention to diminish the King's just power and greatness, another part (when they press the Covenant-taking, the maintenance of the Peace and Union between the three Kingdoms) they would bring to Justice all without respect of Persons who did or should wilfully oppose the same or hinder such Peace or Union, so that if the King did by himself, by his friends and followers by his example awing other men from taking the Covenant or did by any Power or Commission whether to defend himself or offend his Opposites act or abet whereby the Peace became disturbed one kingdom engaged against neither, the Parl. could not according to their Covenant preserve his Power and greatness, and punish such without respect of Persons as did wilfully oppose the Peace and Union (as is before observed) comprehending within that Universality of [without respect of Persons] him and all who did adhere unto or take part with him, so that the Covenant the parts whereof seem to be hetreogeneous and inconsistent within themselves, and therefore not perfectly and exactly to be kept is either newly to be moulded, or which is more probable if he had had power to carry on his purpose, the War to continue between the covenanters and the Non-Covenanters, many thousands of men neither having nor through the King's example willing to take the same. By the observing the passages and times when the Covenant was made and tendered, what since hath happened, impartial men will judge that there was no fraud or failing of sincerity in the Parliaments proposal of the Covenant before, nor any backsliding or levity since in preferring the main end (which was and still is the public safety) before any of the clauses supposed and set down as conducible to the Covenant. The great quarrel of profane and ignorant persons against the uniform current of the Holy Scripture, of an higher concernment than an human Covenant, is acutely taken up by a learned * Pa●au●. Writer, Distingue tempora & reconciliantur Scripturae, in answer unto those who cavil against the Scriptures as if the Texts thereof were dissonant and repugnant each to other, as if God's word (most certain and infallible in itself) were contradictory to itself: distinguish between the time of the Covenant taking four or five years before the time of bringing the King to trial, observe the limitation in the particle of the Covenant [That they had then no intention to diminish the King's Just Power] in opposition to unlawful and Arbitrary, and you will find that the Covenant could not be so well and safely taken or that it is not so heinously broken as some of the Covenanters give out. But to the Objections against the Army and the pow●●s establishing it, That in adhering to them is to trust to an Arm of Flesh, so all sublunary and Earthly Powers are but Arms of Flesh, and it doth not therefore follow that those that do set forth the Army do put their confidence in Them further than God is pleased to give a blessing to their endeavourings. Secondly, That Independency admits of all Irreligion, Heresies, &c. The Proposition is not well proved, in that some particular soldier's others well-wishing to the Army do devise and publish strange and unsound tenants and Opinions, which is not to be imputed to the governing part of the Army, to the Court or council of Parliament, neither is a present ●ure forthwith to be applied in all parts and places where they are vented; The Army and their party have enough to do to prevent and provide against the Power and Policy of their Enemies without an overhasty endeavouring to suppress the schisms and errors of every one of their Adhere●ts. The Complaint against heresy and schisms abounding is just, seasonable, and most sit that the Heresies should be suppressed both to settle the Discipline and Government of a Reformed Church as to remove and take away all occasion of scandal and quarrellings between us and other Nations, but how and when? Every thing to be done in its order and appointed time; The complaint was long since made, and it was foretold of old, That Heresies must be, the Apostle gives the reason, That the sound and approved Truth may be known and differenced from fond and received heresy, the ground and seminary of broaching them may be (besides the common and inbred corruption of Pride and falsehood which mankind is prone unto) that so many sorts of men in many places do despise and speak against the Scriptures although they be the infallible rule of our Christian Faith. In disordered and licentious times caused through the distractions of a civil war, it may fall out as a * St. Jerome. Father of the Church complained it did in his, of Scripture Teachers, of expounders of the mysteries in Divinity cited by a learned Divine upon the words of the Apostle charging the unlearned and unstable for wresting the Scriptures to their own destruction; whose presumption (the Divine tells us) is enough to produce any schism or heresy, Sola saith he Scripturarum ars est quam sibi omnes passim vendicant, hanc garrula Anus hanc ●elirus Senex hanc Sophista verbosus (he might have filled up the measure of his complaint by discovering many other sorts of unlearned people intruding into the holy mystery of Divinity) hanc universi presumunt lacerant docent antequam discunt; every one presuming upon his parts and gifts to be a teacher and interpreter of Scripture whereas Practitioners in other arts can keep themselves within the the bounds of their own profession; the times are now for Reforming and the Parliament is sedulous therein wherefore there must be persons to inform and instruct qualified with Knowledge for that Office: The Divine gives the reason why the unlearned are so bold, namely the want of abilities to discern the strength of the Objections which may be made against them: By the unlearned is not meant he who hath not read a multitude of authors but he who taking upon him to divide the word of God is raw and unexperienced, or if he hath experience wants judgement, to make use of it; the anguish that these rash presumers bring unto the discreeter sort of Brethren cannot but be great when being convinced of their unsound O●inions for the maintaining that which with much boldness and open falsehoods they have averred they pretend the Authority of the Word, and whatsoever conceit is begotten in their heads, the Spirit of God to be presently the Author of it, when as learned and judicious men, in whom the Lord hath put wisdom and understanding to know how to work all manner of work for the service of the Sanctuary like Bezaleel and Aholiab refuse much of the stuff which is offered them. Scripture is given to all to learn, to teach to interpret only to a few: It is the voice of God confessed by all that the sense is Scripture not the words, it cannot be therefore avoided but that he that wilfully strives to fasten some sense of his own other than the nature of the place will bear must needs take upon him the person of God himself, and to be an indicter of Scripture: No Scripture is of private interpretation, There can be but two certain and infallible Interpreters of it, either itself or the holy Ghost the Author of it, itself doth then expound it encouragement to the Study and Increase thereof by their favour and respect shown unto the Universities and colleges where it is most properly to be acquired and had, for which they were instituted at first and are renowned equally to the best Seminaries of Learning throughout all EUROPE, the Parliament having for the c See their Acts and Ordinances for raising Contribution-money towards the wars throughout all Counties exempting the Universities and other colleges from such Payments. most part exempted them from any Charge or Tax for raising money towards this War, by giving way unto and placing painful and sober governors in the several Societies of the Universities to reduce them to their former temper of acquiring Learning and good Manners, that what the fury and fierceness of the War was likely to demolish and destroy, is yet recoverable by the care and industry of their governors, that whereas there is a Disproportion and Antipathy between Science (a soft, mild and tender habit) and a War (a privative and destroying judgement) there is yet by God's blessing left a possibility and means of a regress from a war (and Garrison of soldiers in * Oxford. one of them) to an acquisition of Sciences and Learning: Neither doth the Parliament for aught we see neglect or disesteem the Universities or other Seminaries of Learning, or take away the Endowments of Colledge● (as their Enemies give out) in that some of the most learned of the scholars there are dispossessed of part of their Estates for their disaffection, or because that able men of the Universities and elsewhere are sequestered for a time by reason of their constant prejudice and ill will against the Parliament and their Proceedings, the Parliament knowing such to be Interested and not long since seasoned by the Enemy, (Garrisoning in one of the universities) and devising yet to contrive their overthrow to let in the King's Power again: They could not be ignorant of the discontent and envy borne towards Them by divers of the more ripe and learned of the Clergy to see the Church Preferments and Dignities which they aimed at to be taken away, how apt withal to engage the younger sort of scholars in this their Cause by seasoning them with the same leaven of Discontent, without consid●ring that what was bestowed and instituted at first by Pious d See the like observed in the Consecration of the Bishops of England, written by Mr. Mason sometimes Fellow of Merton college in Oxford in his Ep●stle to the Archbishop of Canterbury. Founders for the encouragement of Learning, study and good uses many of them did betray to Luxury and Ease, which the Parliament not knowing how otherwise to correct or moderate, and foreseeing such Corruption to be so incorporate into their prelatical and Ca●hedrall Calling that amidst these oppositions and distractions threatening the ruin of Three kingdoms occasioned chiefly by reason of a corrupt and prelatical Clergy (as the e See their Remonstrances since the beginning of this War. Estates of 2 of the said Kingdoms have observed) They knew no other remedy to be applied then to alienate those Endowments, to dispose of them to other uses. The work of Reformation being in hand, and Preaching the gospel the instrumental means thereof, no man will judge such an emulation or ill-will to be in a prudent Laity intending to reformed towards a learned Clergy the means of Reforming, that the one should discountenance or bring down the other, the Clergy such as the Apostle would have them be, blameless, have h See their Remonstrance before cited. Remonstrated and Protested for the contrary. Rather the King's Party with the Presbyterians, most adhering unto him now, seem to give way to many practices tending to Irreligion, although not directly and immediately unless by those of the Popish Faction, yet remotely and consequently whilst they so earnestly contend against the opposite Party called Independents that they would rather submit unto a Turk or Jew then to be mastered by that Party; for the Presbyterians weakening them and themselves also by striving each with other, help the Enemy into a Power to subvert that which some of the King's Party have heretofore aimed at, and hath been the first object of this quarrel, Religion. The Emulation and Discontent of which Parties (the Kings and those of Presbyterian) grows out of a fear to be overcome, (Adversaries convinced are prone to Revenge and Envy) and that appears from the judgement and censure the King's Party have passed against the Parliaments, in the punishment had the Kings prevailed they would have condemned them to, for of the moderate sort of the Parliament and their Friends they hold them unskilful, i See the Declaration of the Lords & Commons assembled at Oxford &c. printed there 1643. p. 24. 26. 27. vulgar spirited, weak and seduced men for siding with the People (as they term) it and their Multitudes, the more eminent & active sort Traitors, perjured All, yea the neutrals too for not offering to defend the King according to the Oath of Allegiance, the Parliament Party having a more moderate and mild judgement of the King's, knowing many of them restless and implacable as yet, judging others mistaken only, misapprehending the Cause in hand or to have been led away through ambition & aspiring thoughts to adhere unto the King, whereupon they have accordingly passed by the Errors and Transgressions of the Kings by an easy mulcting them giving way unto their enjoying their Estates and Fortunes, so that if the judgement at the first had been no worse, no more rashly and erroneously passed against the one than it was against the other Party, the War had soon been ended and a Peace restored. By the King's Parties large exten●ion of which Oath in not offering to defend the King they may bring many within the compass of Perjury, the King holding himself bound to maintain the laws by his Supreme power to t●ke vengeance on evil doers (without which he may think he bears the Sword in 〈◊〉) as the Subjects are to their Allegiance, the obligation is reciprocal as the two Houses of Parliament when allowed to be and styled by the King himself a Parliament, with an unanimous consent observed in their Message sent unto him elsewhere recited in this discourse; if the King may dispense with his Oath from which the Author of the k In the Trea●ise concerning the King's retirement from Westminster {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} presumes to discharge him, as that the Author is so far from thinking the majesty of the Crown of England to be bound by any Coronation Oath in a blind and brutish formality, and that the King reckons himself accountable to none but God, which the Parliament objecteth as a maxim and ground for any Tyranny, the enacting laws are of no value as to the King, and then the Question is how far swearing Allegiance is to the Subject (as the Oath was therefore and then imposed) which is next to be discussed. To the oaths of Supremacy and Allegiance obje Books seditiously printed and privately dispersed abroad to discountenance and depress the Parliaments cause to extol and magnify their own, obtruding their writings on such Authors as they please (all to affect the Reader) sometimes on the adverse part to render them the more d●spicable and ridiculous, sometimes on their own Friends to make them the more applauded and famous for their Actions or sufferings, as by that one more remarkably for the King in his name it may appear, of which it may be said as it was of Samson that it did his Enemies more hurt upon and by the occasion of his death than he could do when he was alive; namely and to instance in one of his parties acts amongst the rest their publishing the Posthume Book called {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} by some men reputed to be his, though unlikely since by the Parliaments Declarations and proofs convicting him of several crimes it is made appear unto those who shall impartially read and judge the transactions mutually passed betwixt him and his accusers, either that the Book and those applauded Tracts and Meditations in it are none of his, or that his party by setting forth that Book in his name, would have him act the part of an exquisite hypocrite in representing such devotions as most of all should consist and be wholly taken up in a serious and real sincerity so that the title of that Book might be both literally and morally as to the King himself or to him who personates such conceptions in his name, be entitled the Image and portraiture of a Counterfeit rather than the portraiture of a King, the falsehood and imposture resting on them alone who thus dress and sets him forth. Whosoever shall read the Parliaments often Declarations and Charges against the King set forth since the beginning of this War, not denied or answered by any of his Party, saving in a recriminatory and scoffing way calling the Parliament and their Acherents rebels; or who shall read the n Written by Mr. Tho. May, 1647. beginning at pag. 6. unto pag. 46. History of the Parliament of England, summarily reciting what the Lords and Commons have accused the King of, his countenancing and giving way to the Rebellion in IRELAND, setting down at large the strong presumptions against him for his countenancing it (although eloquently excused, and in a fine and pious Language denied by the Author of the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}) his averseness from calling Parliaments, cannot but acknowledge that Book, o See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise 1. on the Kings calling the Parliament. whatsoever the fair and plausible flourishes in it do pretend of the Kings inclining to and desiring Parliaments to be falsely and injuriously charged on him, few or none so indulgent to his Cause as to believe the whole book both for matter and form to be of his own penning, however they may think some part of it to be his; falsely, because they cannot but know how p Mr. May his History. unwillingly and seldom he called any, how q Mr. Hollis his Speech. oft he did dissolve or attempt to dissolve them when they were called, notwithstanding the great Necessity of that Court for the propagation and maintenance of Justice that it drew on a r See the 36 Statute of Edw. ●. Law yet in force to call a Parliament every year, in that through the discontinuance of them, through the often dissolving them in the time of his reign, and his Declarations published against some of the Members of either House, the Historian reports The dejected People were forced to read with Patience and to allow against their own Reason: Whence the Reader may observe an Answer to an Objection which the King's Party makes r See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Treatise to upon their seizing the King's Magazines Forts Navy and Militia. That the Parliaments party did begin the Preparations for a War before the Kings. The People 'tis true were discontented and grieved at the Exactions and Oppressions practised in the time of his Reign, they held themselves destitute of any means of redress, and therefore might harbour Heart burnings, and thoughts of Rising but could not devise or think of any course towards the Preparations for a War, the Power of the County being in every Sheriff of the several Shires, and Lords Lieutenants and their Deputies, many other subor●inate Officers of the Kings upon the first Summons given from him to them in a readiness to suppress and check the People in case they should but move or stir up Commotions to the likeness of a War; neither could they build upon the strength of any Power to levy War on their behalf, a Parliaments strength they sadly and long since observed was of too frail and uncertain a fabric for them to trust unto, as being awed and dissolved at pleasure, so that if they had no thoughts of levying a War wanting the opportunities & means of Prevailing if they had entertained such thoughts, the first offering of Hostile attempts and acts will lie upon the King's Parties account; his averseness to call Parliaments, his awing and dissolving them when called, often and long before any preparations could be thought of for a War may satisfy the Objection: when as (to add to the probability of some of his parties hostile and warlike preparations) it hath been observed that some of his Friends knowing themselves obnoxious and questionable for their tenants & Demeanours when time should serve, have long since before this Parliament was called, fortified and furnished their Houses in divers parts of the kingdom with arms and Ammuni●ion, no other notice taken till of late then of adorning them for strength and splendour, which with some small addition became strong Garrisons for him; the Parliaments Friends had none or not so many Holds so soon or suddenly to be fortified for their defe●ce: The most wise and happy of s Hen. the 7. Kings could tell us by his own practised Policy That it is not the first Blow that makes the War Invasive (for that no wise Power would stay for) nor the Voting a War to be Defensive, as the t In their Apology Printed soon after the ●ngl●sh Army went toward Scotland. Scots have theirs which makes it so, but the first Provocation or at least the first Preparations towards a War. Injuriously charged on the King in that the Author and Reader also if a friend to Him and would have the Book reputed his, do unawares and as it were against their Will wound his honour, and render the manner of his death the more unchristian than otherwise it might be judged, when whilst the life is mortal, they make the Vices of Dissembling and uncharitableness to be surviving and immortal mo●ions: The reporting it to be the Kings seems besides to blemish the credit of those penitential expressions therein, derogating from the serious retired and solid Parts wherewith he was endowed, then doubtless free from the affectated words whereof the Book is full in defence of the manisold actions of his incident to this War, many of them too weakly excused to be his although in an handsome way of writing (to possess the belief of men) obtruded on him by indeed the Author of the book, of Divine and wholesome council left in his name to his son might gain a belief of what was vehemently suspected to the contrary [That the father's heart was seasoned with the like Principles according to the council given unto the son;] and as to the time of that council given, there are none but have observed that the fears of the growth of Superstitious Tyranny in the peaceful times were y Tantum res 〈◊〉 c●m qu 〈◊〉 satell●ith, 〈◊〉 Pontific is 〈◊〉. Jewel in Apolog. Eccles. Anglican. only and a long time more than those of the growth of Anarchy easy to be let in amongst other disturbances and distractions through the licentiousness and confusedness of a civil war, and wherefore is that council given? as if the Parliament did intend or had brought in Anarchy or devised to root out all Government; No calumny whereby to render them and their proceedings odious and detestable, is of extent enough to serve and satiate their enemy's appetite: The Parliament in their prudence and experience might discern a reason for the changing the Monarchical into some other form of as much conducement to the maintenance of Peace and Justice: But z The speedy and effectu-suppressing Errors and Schisms is charged on him. what that Religion is which the Author enjoins the Prince unto whether opposite to Popery or schism (this like weeds in Corn choking and hindering its growth, that like Mildews blasting and destroying it) he defining not makes it seem do●btfull to the Reader, for presently after he would have the Prince his judgement and reason to seal to that Sacred Bond which education hath written in him; let a computation be had of his young years how in his infancy uncapable of discerning the differences of Religion before this war began, where and with whom he hath lived these eight or nine years since it began, all men will not believe that to be the Reformed Protestant Religion which is there enjoined him (take it in its purity or as the corruption of times hath fashioned it) the Prince is vehemently suspected to go in a contrary Diameter to either as to those Instructions given him by the Author, by what is reported of his having favoured and entertained at his Court the greatest and most known Papists, foreigners of all parts, setting aside his Protestant and Native English: And howbeit he seems now for a time to comply with the Protestants and other of the Scotish Nation and they reciprocally with him, his constant and certain aid is yet kept up, his interest maintained by the King's Catholic Subjects in Ireland, as they term themselves in favour to the Prince, so that what at the beginning of these wars was acutely urged as a witty and plausible fallacy of the Papists taking up Arms for the Protestant Cause is at this day marveled at, the name changed, only as that the Papists in Ireland take arms to defend a Protestant Prince in Scotland: All which considered the Prince cannot be thought to take those instructions to be truly and genuinely the Kings or little observes them as the Kings. That which should have been expunged out of the book to make it the more admired his is that one passage (strange amongst the rest) about the Authors challenging the Parliament for discovering the Letters taken at Naseby Fight even now mentioned, unless it were ill taken by the Author in the King's behalf that the naming his friends assembled at Oxford in the nature of a Parliament [his mongrel Parliament] as himself styled it, should be disclosed together and Liberties of a freeborn people or presumptuously shall take part with the subverters of the same, although in a small degree of Oppression and E●action (the laws having their Metes and Limits to bound out unto every man his own) are in the Judgement of a Learned b K. James his Speech beforementioned. Prince no better than Pests, Vipers and traitors to a kingdom, whence it might be mervailed at, but that the Parliament hath with Clemency passed by the Transgressions of their mistaken countrymen and fellow Subjects without any heavier censure then Fining them, that the violating the ancient Law of Magna Charta so industriously and religiously preserved by their Ancestors, and above thirty several times confirmed in Parliament (to use the very words of the Lords and Commons assembled at Oxford in their c See the Oxford Declaration pag. 19 Declaration printed there) should be objected against the Parliament sitting at Westminster, to be a bold & avowed transgression of the Laws and Liberties of the People, as if the parties of those Lords and Commons were altogether free from the like transgressions; so they may in like manner object a violating the late Kings Grant to the Petition of Right, when they and their party are (setting aside the justice of the ●ause on either side) as culpable as the Parliaments party are. The pillaging the Earl of Stamfor●'s house in Leicestershire by the King's Party commanding there an undoubted and notorious Felony by the Letter of the Law, all his soldiers guilty of the same: The storming by day and night the breaking into the marquess of Winchester his house in Hantshire by the Parliaments Party the highest degree of Burglary: many the like Hostile Acts may be instanced in on either side, but how? in the heat of War in the pursuit of Conquest, each party striving who should overcome and destroy their Enemy. One other passage in the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as unjustly and improbably delivered is considerable (viz.) the plausible reasons d In the treatise concerning the Kings going to the House of Commons to surprise the five Members. given of the Kings going to the House of Commons with so many armed Gentlemen, which as the Author says was no unwonted thing for the majesty of a King to be so attended especially in discontented times. The times were not then so discontented as that unheard of and horrid act might have made them at that time, had but the hand of one desperate caitiff given fire to his Pistols ready cocked, the House of Commons being near full and equal in number to the Forces prepared against them, no man knows how disastrous and fatal the Event had been: Neither could the King justly fear to be assaulted by any in the House as the Author intimates, None in the House within being armed answerable to the King's Guard without: The Author thinks he hath handsomely palliated that Attempt under colour of the Kings standing in need of a Guard, rendering those His Attendants there short of his ordinary Guard, but whether he meant short in number or in a daring and forcible array he declares not. Many other Passages as improbable as these are the Discourses of the book too tedious to recite, the examining and search whereof is besides this purpose: It seems to have little of the King, it hath elegancy of wit enough and affectation of expressions to be applauded inconsistent with a sound and Christian wisdom whereunto his present condition was to be fitted, and Charity enjoins not to think it his, when full of so ma- every three years presumes an expiration of that Parliament which enacted it, and the King binding himself not to dissolve this without their own consent implies a consummation of such matters and Acts as were to be handled and dispatched within the time before the triennial was to commence (which could not well be done by reason of the Oppositions and Affronts offered to blast their meetings and retard their counsels) otherwise a triennial Parliament would have began before the present Parliament should end: Besides every future Parliament could not but expect an overawing Power to shake and dissolve it at pleasure, wherefore the care and task of this could be no less than to make sure and valid Their power and station, which if it be or had been borne down what security could be had in the power and stability of triennial or future Parliaments. The Kings forbidding Papists to fight in his quarrel, is in that his answer to the Lords and Commons well expressed, and might give seeming satisfaction to the Protestant Party had it been as well observed, for if that be true which is credibly reported, of the soul and unheard of misdemeanour to the affront and scorn of the Protestant Religion committed by his party (part of the Northern forces and styling themselves the Queen's Army) at the storming a g Marlboroug●▪ Decemb. 1642. Garrison town in Wiltshire, with many other Acts of his and his party in countenancing Papists charged on him by his people, was no good evidence of his inclinations to the Protestant: And how by his Catholic Subjects, as they are ambitious to style themselves in Ireland, and desirous they may be so Recorded, and by the Queen's party and Army here, shall his disavowing Papists be made good? her Opinions and Demeanour destructive to Protestantis●●●e, together with the aid of an obnoxious and discontented party here at home to affront the Parliament and their proceedings in favour to the King when time should serve, being no good Arguments to prove his constancy or sincerity really to perform what he promised and professed: the Scots having a previous sense gave the English notice hereof to entreat them to be wary &c. lest if they were not careful and courageous they might be over reached as in the beginning of this discourse is set forth at large, which the Parliament revolving and from their own Observation and Experience tender also of the great Trust which the people had reposed in Them, were not willing to put it to the hazard whether the King would make good his promises, which if he did not, the sad return which They must have made to the People of their Trust had been They could not have thought it would have so fallen out: personal promises and tenders of grace are not compensatory nor an adequate discharge from real injuries: Which promises when again objected, the season of offering them may be retorted as an answer to the Objection as when they were promised (viz.) when he saw his Prerogative Acts scanned and inquired into swelling above the bounds of Law and Justice, when divers of his friends and favourites questioned and even convicted of high and capital enormities, and that he could not otherwise rescue them from the hands of Justice then by engratiating himself with the people by telling them of such laws made for their ease and benefit until he had gained Than their fellow Subjects did or could have discovered any dark or secret contrivances of such intendment or conspiracy against his person deeming all others of a narrow capacity ignorant and dull spirited, they were too blame to conceal the plot, the manner and means of effecting it; they had opportunity encouragement & liberty enough, when his Party were with him at Oxford, and then and there accused the Parliament sitting at Westminster of many Treasonable designs, when (the quality of the persons accusing being considered the heinousness of the crimes wherewith the accused were charged) the accusers would leave no means unattempted to enhance their power, to make good their accusation for the justice sake of their own proceedings: which heavy charges devised by them could not be the judgement of them all, to censure those of Westminster Trayteurs &c. It was most likely to be the pride of some few thirsting to overcome, and taking upon them to be dictators of Law and Treason, who 'tis probable forced and drew on the rest (present then and unawares of what sad consequences might follow) to partake of their own Crimes and Errors: So than the case is briefly thus, The King's party have in their Declarations charged the Parliament and their party of High Treason, which party of the Kings to make good their charge have striven and done their utmost to improve their own to consume the Parliaments strength, as by inviting both foreigners and Natives to come to their assistance, yea h See the Oxford Declaration page 26. 27. Neutrals too, under pain of Allegiance forfeiting and breach of Oath: The Parliament have on the other side to defend themselves and friends from such guilt the Neutrals also from the censure of Allegiance forfeiting as much contended to abate and take away the King's parties strength: so both party coming as it were to join issue in the trial, there is likely to be no further dispute concerning it then what the sword shall determine. The next Treason wherewith the Parliament stands charged is the making a new Great seal counterfeiting the Kings; the Reader may observe the justness of such charge, the Great seal an Instrument of State i See the same Declaration page 11. whereby justice is derived and distributed to the people, as the King's party at Oxford have confessed, being surreptitiously and vafrously taken away from the Parliament the Representative body of the People, contrary to the trust reposed in the Keeper of the same, the making a new one cannot be rightly judged Counterfeiting within the meaning of the * 25 Edw. 3 Statute: Counterfeiting is a close & cover act against the knowledge and privity of a superior and lawful power damnified by such counterfeiting; nor is every thing which is made to the mould by which 'tis made a simply counterfeiting. The quality of the offence is discerned in the manner of the offending and the making a Law commonly relates to some precedent crime or fraud; Now no man will believe that it is anywhere to be found upon Record whereon to ground a Law, that a King and Parliament have at any time made use of a Great seal to cross or thwart each others actings. Many other accusations of this kind are charged on them as disturbers of the Peace, Authors and Fomentors of this they call Rebellion: wherefore lest these several charges heretofore denounced against them should by the Enemy's recovering his power again be hereafter made good obedience to Their power, They require no more than what the Apostle enjoins, Let every soul be subject to the higher powers, for there is no power but of God; the Powers that be are ordained of him, and whereas they have enacted and declared that all men in Offices of trust and qualified shall promise to be true and faithful to this Commonwealth wherein they live, and from whence they hold and enjoy their welfare, requiring afterwards a Subscription and Engagement of Fealty unto the Commonwealth as it is now established without a King or House of Lords, the people's subscription thereunto is no more, if small matters may hold resemblance with greater, than Tenants of a manor unto a Lord thereof, unto whom without disputing the Right and Title they promise their present Fealty: If the Lord unto whom they have heretofore done Homage be disse●sed by a stronger than himself, take it either of Right or Power, the Tenants are to pay their Homage to the Lord that is. It is not to the Power already past or that which is to come but to the powers that be, unto which Subjection is to be rendered. The name as the Office of a King hath been an ancient continued and supreme Title before and since the Conquest, his single person subject yet to Passion Error failings, through which he may more expose his Kingdoms unto dangers than a council of Parliament can well be thought to do: A Parliament hath been a discontinued and intermitted Court howbeit of l Sir Edward Cook his Collections concerning the Authority of the Parliament in the fourth Book of his Institut. Supreme Authority and Honour, within the power of any wicked or impious King, if any should happen to reign, to be held on or dissolved at pleasure, until by a Law Enacted by the late King's consent, This was not to be dissolved unless they pleased: Wherefore the People leaning rather on the one (the King) being of a settled Being, and who could Reward or Punish at his Will: then on the other (the Parliament) of a more unstable Being, and heretofore Dissoluble at the pleasure of a Prince, the Parliament judged it fittest to take away his Power and Office, lest by virtue of such Power he might Dissolve, Convene at pleasure, and so Awe their next Convention, as to repeal and make Null the Laws and Acts of this. The Inconveniences may be many discovered by their prudence which the state of commonwealths in a Monarchy may be subject unto, when Princes in their Usurpingly Absolute and monarchical estate, abusing their Power Trust and Liberty, have become Tyrants over the Lives and Liberties of the People, ass●ming moreover so much unto themselves or having been flattered by their Creatures to believe, That they are God's on Earth, as some of the Roman Emperors did arrogate unto themselves, That their Power is so vast, so sovereign that the People were ordained for their behoof to do and pay Obedience in whatsoever they shall Command, not the King for the m Quanquam Principes sunt ex numero {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} tamen natura & temporis ratione prius sue● in't Subditi Princ pes ve●o (nisi qui Tyrannidem usurpârint) non naturà ut Pat●es sed suffragio Subditorum gratia constituti s●nt I●de illud Domini apud Daniel 4. 32. Scias quod dominetur Altissimus in regno homin 'em & cui volue●it dabi● illud. Ex qu● sequitur non Regum causâ Subditos nasci, sed Reges commodis subditorun inservi●e debere. Bucan. Institut Theolog. Tractat. de Magistratu. Thomas 1 part 1 samma Theolog. quest. 9 Art. 3 & 4. people's good, That Kings were accountable to none but God for whatsoever they do, as of late 'twas threatened, That the kingdom hath its Power and Being from the King, when as a grave n The Author of the people's Plea, Divine by his Reading, proves That the King hath his Power from his kingdom, therefore his Authority, further illustrating upon the point, That howbeit [Power and Authority] be terms sometimes confounded, if distinguished makes clear the matter, for Authority is a Right and lawfulness to command Obedience, such as all governors and Magistrates have more or less; But Power is a lawful ability to force Obedience, where upon command it is denied: One may have a just and lawful right to command that wants a compulsive power to restrain from committing sins, as to enforce men's duties, Others may have strength to force (commonly called Power) that wants Authority to command; and Power is that which in all Government bears the sway: Wherefore in the Scripture Rom. 13. it is taken concretively for the governors and Magistrates themselves, which have Powerat Command to force Obedience to their Commands. Now there is no doubt but the King hath full power to command according unto Law all such as are subject to him by Law; But if upon command obedience be denied, whence hath he lawful power to enforce obedience? whence hath he power to make good his Authority but from the people? he cannot have it from himself being but one man; To keep a strong guard of some of his people to impugn and force the rest, must needs produce Commotions, Insurrections, and a civil War; the * Aristotle. Philosopher and others who write of Policy, will tell you it is Tyranny, nor is such ability Potestas but Vis, Violence not Power because unlawful: when Vis and Potestas or Vis and Jus do clash and skirmish, the consequence is dangerous: To keep an Army on foot continually under other pretences thereby to affright and force the Subjects is little better, therefore the King's Power must needs come from his own people's hands and strength, and from the same People must come his Authority: If any other should give him Authority which were not able to make it good by Power, it were given him in vain, nor were the People bound to make that good which themselves gave not; whence he hath his power then, from thence he must needs receive his Authority, even from the Kingdom. Notwithstanding which, admit what the King's party would have, That the kingdom hath its Power or Being from the King, that Kings as Nursing-Fathers are worthy of much honour, yet where they lay waste their sovereignty by oppressing their People, by exercising a tyrannical Power over their Estates & Lives, where they embroil their kingdoms in such a War, as the doubtfulness of the success hath protracted it for many years, the continuing it hath consumed the Estates and appalled the hearts of most of his people (no man knowing yet the worst and end thereof) they cannot expect Power, Being, and Welfare from such a King: The danger of the continuing thereof consists in this, That howbeit there have been heretofore civil Wars betwixt the King and Subjects of this Nation, none like to this, consider it either in the manner for the beginning and continuance of it, for the opposite and cross Engagements even between the nearest Friends, between Brethren of the same blood, between the Father and the son, between equals in all Degrees and Faculties; Amongst some really and with vehemence pursued, amongst others (though opposite in judgement and opinion) yet so linked in relative affection each to other, that their Actings and Contendings seem rather a mutual agreement with their Friends of the opposite part to serve each others turn, than a true and real Discord, to the end that which of the parties shall prevail, the Prevailer by such mutual contract shall be able to help the Conquered: And that which seems strange in the quarrel, the most unhappy to the protracting it, is the Violence and Heat in many of the Opposites shown in their contrary arguings and assertions one to the other, as that the taking up of Arms in the defence of the Laws and Liberties was judged by the one side to be lawful and Necessary, condemned on the other to be traitorous and Rebellious, the same act could not be lawful and traitorous too; the Difference only is as a long time it hath been, concerning the several objects and matters in dispute, as how Peace hath been forfeited, how lost, now on what terms, and by what means to regain and secure it when regained: The King's party say (the more moderate from a reluctancy of heart, and unwillingness to be Conquered, others of a fiercer spirit to be Avenged on their Adversaries) the surest and next way to Peace is in the Prince his enjoying what his Father had, faintly believing, that he will be avenged only on those who were the Authors & Contrivers of his father's death, that he will pass by with a general Act of Oblivion, all other of the People by a light Fining, or putting them to Compound for their Estates. The Parliament having in their wisdom and experience discerned and foreseen the danger which the Common wealth They and Their Friends are thereby subject to, are of a contrary mind to what the King's party do give out, They do foresee (and know that it concerns them to provide against) that the Prince will not only rest there to be avenged for his father's death, he will remember his own being kept out, and as it were exiled from out the kingdom whereunto he aspires, and hath engaged so many against this. The Scots in maintenance of the King's Party's judgement contend to aid his son the Prince, but whether for tho Covenant as their mottoes do profess, or against through a misunderstanding it, or through wilful blindness, their Actions do declare and are here expressed: They give out that they have brought the Prince to repentance for his Fa●hers sins and for the sins of his Family, but that their Prince doth threaten not many months before, requiring aid to be avenged for his father's death, and yet to repent and to be humbled for his father's sins seems inconsistent: But do they mean the Prince in his Person only or his Party? they should withal have brought to repentance all the King his father's party, else their Covenanting to prevent and oppose seems to be of little use, the meaning of [preventing and opposing] carries with it a further progress of motion, then to intend only the person of the King then living; the Repentance which they speak of, if it should prove feigned and dissembled [the Heart is desperately evil, who can know it?] and thereby the safety of many thousands engaged in this quarrel swallowed up, the too late his parties construction, as to offend: Whosoever shall look on in a conflict betwixt two opposite Parties, his affections questionless incline (whatsoever his Actions are) more to the one party then to the other: So Neutrals such as have not acted for the King, being already by his Party adjudged Guilty, are subject to the censure, & may be brought in within the compass of the Prince his meaning, for if upon the late King his Parties good success in some victories obtained when they kept Garrison at Oxford they in the high tide of triumph construing their fellow Subjects demeanour in relation to the King, spared not to bring in all neutrals, if the Prince shall come in conqueror, what shall be judged and who reputed principals, who Accessaries (which is all one if it were Treason) to his father's death? when as the Charge of taking away his life foreigners and strangers beyond Sea reckon to be a national and the people's Act, because the Parliament is the Representative of the people; for they not knowing the reason and exigency of matters here, account it not an Act only of the judges, Advocates, and Officers deputed for his trial, but include the whole English driven on first by the Scotish Nation, the English more manifestly in that divers of their Friends and Agents being employed beyond Sea for making good the Amity and correspondence betwixt Them and other States and Nations, have been barbarously and inhumanly murdered by the enemy's party, several affronts and indignities offered them, all to disgrace, lessen, and discourage the Parliament and their Actings: So that it concerns both Nations (the English and the Scots) rightly to apprehend, and rather to have continued in their mutual League then be led away (as the Scots have manifested themselves to be) by the power and ambition of the greater ones, to engage one against the other: The English have sufficiently expressed their averseness from a war with the Scots, their readiness to afford them aid in their greatest wants, and cannot now be thought forward, unless provoked to invade their Country, or if they do to be gainers by it, what the Scots may by invading This, all men know who know the condition of Theirs and Ours, how sterile the one, how fruitful the other Country is; the setting Us and Them at variance, the differences and dissensions between Us now, flow frow one common Source, to wit the Enemy his wiles and subtlety, who wants no stratagem to bring this contest betwixt him and Us into a fresh debate, both by secret and covert acts at home to promote sedition and division amongst those whom he would overcome, as by open Acts and solicitings abroad to pursue his attempting to bring in any foreign force, how wild or barbarous soever they be, how hard to get them out again out of this plentiful Nation, yielding them all provisions all habiliments of war to strengthen themselves in this, as to provide for their next attempt elsewhere after they have destroyed and harrased this, not knowing how to distinguish between Presbyterian, Independent, and royal Party, and this to be driven on by him and his accomplices (in an hazardous and uncertain way) out of revenge and thirst to regain unto himself his power again, long since forfeited through his mistaken loyalty, certainly through disaffection to his native Brethren of the same Nation, or without considering (which wise men should) the price of peace which cannot be had without a War, money being the sinews and support thereof; the countryman grudgeth not to pay for seed expecting a plentiful harvest, nor the Tenant to contract with his Landlord to disburse great sums for an estate in Reversion for his posterity, yet the laying out money by either of them, for that without which the countryman's harvest nor the tenant's Estate can fall out joyously, is irksome to them both. The frequent exception which the People make by way of comparison between the payment of Ship-money in the late King's time, and the Impositions and Taxes now required, comes fitly to be answered: Better (say they) that the payment of Ship-money should have continued and the like illegal Taxes demanded beyond and above the power of Law, easier to be born then so much blood spilled, than such vast sums of money spent in the maintenance of this War, and the People thereby impoverished: The Parliament confesses and allows as much, that of two Evils the lesser is to be chosen, where of necess●y one must happen, as in case of inevitable necessity that Wisdom and Industry cannot prevent: if otherwise, Necessitas non excusat quae potuit esse non necessitas, as a learned * Tertullian. Writer of the Church acutely argues; when that a King his Treasure or Revenue sufficeth not for the Common good, as when the Realm is invaded, or any notable Rebellion of the Subjects shall happen, such an Invasion or Rebellion as is not procurata, not simulata, but verae gravis manens, the King then by the common opinion of the CIVILIANS may impose new Taxes in requiring aid, although out of a Parliamentary and common way. The Answer to this Exception is made good resembling it to one of the same kind; it were better that a man should receive a wound from a stronger than himself, and afterwards be assaulted and affronted a second or third time, yea even until he be maimed; then, although in his own defence be killed (for so it may happen upon his resistance-making) It had been better for him to have endured those and many more affronts and wounds as the lesser evil of the Two, then by striving & repulsing them to lose his life, But where the one might have been avoided, no necessity of the other to have happened, the Exception seems invalid: Again if a man having an estate in Fee, in Land or otherwise, free from any Charges, Taxes, Tallages, Annuities or the like, and a firm and undoubted Title to the same, rather than he will suffer a rent-charge although of a smaller value to be unjustly and wrongfully paid out of it through the oppression of an Adversary stronger than himself, demanding such a rent, will do his best to defend, yea peradventure at a greater expense of money than the rent-charge may amount unto: Nor is his failing to maintain his Title an impeachment to the credit of it, no more than it is an advantage to his Adversaries right being of ability to oppress his Tenant weaker than himself; There was no necessity of levying Shipmoney when it was required, first from the Maritime places and Countries, which when they did submit unto, was generally paid throughout the whole Land, and for divers years continued, and wherefore when the English had Commerce, Trade, and Correspondency with all other Nations without Interruption or Hostility? Wherefore the for standing out longest against his & his father's power, the Presbyterian next for his opposing & contending with it at first, the Neutral for his double minded and ambidextrous carriage, and upon an inquiry had who have subscribed the late Engagement which the greater and more considerable part of the whole Nation have, to punish the Subscribers or put them all to their suit for Pardons: At what rate? That the price of purchasing shall both gratify his friends foreign and domestic and defray the charges of the war, that not all, but seize and become Lord of the people's Estates and Lives by way of policy and prudence to keep and prevent them from committing the like Rebellion as 'tis ●armed, that they may not have wherewithal hereafter to levy a war for the maintenance of Treasons, that the same may not be said of them as the King's party in their indignation said at the beginning of this war of the City of London [Their wealth was the occasion of this War by consequence of the ruin of this Nation.] Lastly this may be seen in the sum of all, that if the prevailing party in any division shall divide according to their varying judgements, then subdivide, after subdivide again, there will be no end of such dividings, until their number and their friends be reduced into few or none, and shattered in pieces as their Enemies would have it, even as dust before the Wind; for instance sake, the kingdom did at first divide into a Party for the King, another for the Parliament, the Parliaments Party upon their Conquest did divide into two sorts, the one called Presbyterians, the other Independents, the Presbyterians if they shall prevail may divide into a Scotish rigid Presbyterian and an English Presbyterian of a milder Test, and to be new moulded to the conquerors fashion: If the Independent shall prevail they may rend into new Sects and Divisions, and the prevailing Party in such Sects may divide again, so there will be no end of Dividing till all be scattered and lost. The Emulations, Part-takings, and dissensions now on foot and spreading far, give to the Enemy's indefatigable & restless malice new hopes of recovering his Power again, that through these conflicts the deciding this Quarrel may come again to be debated & the Cards new shuffled, be taking advantage of the Presbyterian's●iscontent and making use of his Power mingleth Interests' is to be seared, as the State & Kirk of Scotland have likewise done to promote the design in hand, joining with him in this particular against subscribing the Engagement, where the King's Party may seem to have the better colour to quarrel with the Subscription because that thereby the Kingly Power and Office are excluded, their task is therefore to dissuade, to Argue against Subscribing (whether they do subscribe or no themselves) on purpose to keep in the fuel of Emulation and Contention in these distracted times, yet 'tis to be believed that many of themselves subscribe, whether against their Will and to avoid the penalty of not Subscribing, and so the more active and eminent sort of their Party may peradventure be privily dispensed with for their Subscribing, in case they come at any time after to be questioned for it, knowing then how to excuse themselves by one common Plea of submitting rather unto, then to be undone by their Enemies and the Kings, But how justly do they plead thus when as the Parliament judgeth it in most of them to be an outward only and feigned conformity to Their present Government, an enforced submission to the Engagement, and so pass it by without punishing any for refusing? They knowing withal that the Engagement is so commonly received, so easily swallowed by the Enemy and his Party, that many of that Party are nothing the worse thought of by them for refusing, nor many other the better for their taking it, their affections little known or measured, by either taking or refusing. But why the Presbyterian so much against Subscribing, in opposition to the Party which he calls Independents, or in favour to the late King, or to the Prince his Son and his surviving Party? The Author of the * Treatise 26. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} in the King's name remembers and observes the demeanour of them both, That the Presbyterian did hunt for that which the Independent caught in hunting, viz. the overthrow of the King in Person or in his monarchical Estate, and the Prince in his Messages before recited, remembers how they have both behaved themselves: The Presbyterians being against Subscribing is not in respect to the House of Lords, nothing in the Covenant to deter them from Subscribing as touching the leaving out or holding in the Lords, whom no part or Article of the Covenant includes or comprehends. Briefly to understand the Reason of enjoining, Taking or Refusing it, which is now become a disputable theme, the exception against the taking is either in the manner, the formal reason, the scope and intention of those who enjoined it or the matter enjoined, as to the first, the reason of enjoining it seems no other Bond and yet than what the Parliament & their friends did about 8 years since of entering into a Covenant for the better streng●hening and 〈◊〉 fi●mly binding all men together in a Religious and civil Union, that seeing Dividings in Opinion and Dissentings in practice are fatal to the conqueror, Union and Accord to the Conquered, the Parliament contends to bring all men into one form of civil Government to one unanimous judgement, whereby after the p Master Lambard's Eirenarch, cap. 2. in his Tract on King Edw. the third his Writ directed to the high Sheriff: of Kent for the proclaiming Peace, where he speaks first of U●iting Minds, then of Restraining Hands as a means for the preservation of the public peace. Uniting of their Minds, a Restraint of Hands and ceasing from further Contentions might ensue to the begetting a firm and lasting peace, Opposition in Affections begets the like in Actings and Endeavourings, especially in a civil war where men of eminent and active spirits, zealous for and fond of their own Opinions an● bold to vent them, when subdued by Arms and convinced by Reason shall resolve into Revenge and Fury and become restless in their attempts even to the hindrance of an ensuing Peace until they and their Party may gain what they have lost. The Engagement now enjoined and tendered seems more easy to be observed, more uniform than the Covenant, the * See the {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} upon the Covenant. Covenanters protesting in one place That they will descend the King's Person and Authority in the preservation of the true Religion and Peace of the three Kingdoms; in other places, That they will really sincerely and constantly, without respect of persons, endeavour to bring unto condign punishment all such as shall oppose and disturb such Peace, If a King shall swear to govern according to the laws of the Land as the late King did, the Oath is no longer to be understood an Oath than the laws have being; [To govern] taking it without an addition is an indefinite and indeterminate act; [To govern according to the law▪] a qualified and limited one in the termination of his Oath: The termination in the Covenant [for the preservation of the true Religion Liberties and Peace] is the reason and formality of that and of other Articles of the Covenant; A Covenant or Promise to preserve the King's person, without setting down wherefore or to what end, is a short and indeterminate promise unless the intent or final Cause of such promise be expressed: Wherefore if the King as the Lords and Commons have often charged him, be guilty of the blood spilled in these his Kingdoms, the Covenanters could not, both defend his Person and Authority, * See the Covenant. and yet bring to public trial th●●uthors of the effusion of that Blood and to bring them to that condign punishment as the degree of their offences should require or deserve as is elsewhere mentioned. As to the matter of the Engagement [to be true and faithful to the Commonwealth as it is now established without a King or House of Lords] what is the exception against the subscribing this? The King being dead, and lest the Prince (his son) or any other of his Family, shall pursue what he hath threatened, the revenge of his father's death, the Parliament hath thought it fit, yea necessary, to exclude him as a King from the Supremacy of this Government, the Competition being betwixt a monarchical form of Government [a Government by a King] and a mixed of aristocratical and oligarchical, or of a commonwealth without a King: If the former be admitted viz. a monarchical the power of Government then descends unto the Prince (the late King's son and heir) So the Presbyterian having entered into a Covenant chiefly and principally for the defence of the Protestant Religion, the Subjects Liberties seems to wain those parts of the Covenant entered into for defending them, if now that the Father is taken away they admit the son treading in his father's steps; unless the making and taking it were in●ended only to enure and remain in force for the term of one man's life: Wherefore the Powers that be have good cause to be jealous of such as reject the latter Form, embracing a monarchical one, as compliers with the late King and Prince, and weary of submitting and adhering unto them. Wherefore the States enjoining the Engagement is no matter of chance, as a thing which may be required to be done or let alone, of none or a slight concernment devised or instituted to little or no purpose, when conducing as far as at the present they judged it might avail to the discovery of men's affections, it conduceth likewise to the settlement of a Peace and Union: for whilst the minds and judgements are no more unanimous, the contentions in this War will hardly cease. The choice of Taking and Refusing should likewise be of a judicious and sober inquiry, as who doth enjoin, and to what purpose 'tis enjoined, not that therefore we should so refuse because we have suddenly and rashly resolved so to do, a fault incident to young wits, hot and fiery spirits, or because we see learned and eminent men in other kinds of knowledge, able indeed to lead weak and unstable spirits Captive unto theirs, do refuse, but on good deliberation and well weighing wherefore the State hath required it. They in their enjoining the Engagement insist not, nor is there cause they should, so much on the value and efficacy of polite Learning and knowledge, take it either in Languages Arts or academic faculties, or ●n the judgement and discretion of such Men as have read a multiplicity of Authors, or are as M●ses was, skilful in all the Learning of the Egyptians, as on a sober studied and well grounded Prudence ballasted with Observation and Experience (all which the Learned may likewise have) governing and guiding the safest way to a self-preservation and welfare of a commonwealth. Besides the Novity, the unexpectedness of the Engagement now enjoined, other discontents and heartburnings are whispered and cherished by the common Enemy insinuating and seditiously giving out, That the Nobility are unthankefully and indignly dealt withal as being detruded from their Rights and Privileges of sitting in the House of Parliament as Peers, to join with the Commons in the debate and handling the affairs of the Commonwealth, withal that those Lords who have been active and assistant both in their Estates and Countenance to promote the good of it during these distractions may think themselves neglected and ill rewarded if now debarred from their ancient and Native Liberty of Voting in the House: The reason of the Parliaments enjoining of the people's subscribing to this Engagement, rests upon the issue of these Questions, Whether from Irela●d so erroneously misled and malev●lently affected towards England by a twofold Antipathy both of Nation and Religion and so impetuously set on by three several parties the royal Popish and prelatical, there be not an evident approach of peril to England in case the English be not some way cemented and unt●ed, (as the Engagement now in question aimeth at) and with a joint vigour to subdue them, and to keep them under when subdued? Whether through and by reason of these distractions England be not in danger of losing their ancient Rights and Claims their credit and privilege of Commerce and traffic which heretofore they have had with other Nations? Whether Scotland not remaining in the same condition of Amity and Brotherhood, as in their League and Covenant with England they at first United in, but rather revolting from it, it be not necessary to make up that breach by a closer union amongst ourselves and against them, when as it appears, without recounting the particular actions falling out betwixt the Parliament and Army betwixt divers and private Members and Officers of Both, as what this or that particular person by himself or by the instigation of some few hath done contrary and against the directions or command of his superiors, That the Scots have in the main broke with us? For instance sake, in the Article of the large * Pag. 16. Demand 4. Treaty betwixt us and them granted and confirmed by the late King; and wherein (amongst the rest) they having covenanted and Declared against Popery and Prelacy which the King and his party hath countenanced and favoured and now endeavouring to hel● his son into his father's power that then he may make good his favour towards Papists and Prelates would excuse themselves and quarrel to assign the breach of Covenant to us, but how justly let the Reader judge: Their insisting on a pretended Loyalty clears them not in the judgement of any who since the beginning of these troubles have observed their Motions their Demands and Treaties, neither doth their literal leaning on the words in that Article of the Covenant [to defend the King's Person and Authority] excuse their guilt, the King's Person and Authority being but one and an half part of that Article, the sense and drift of it makes it up, which the English according to the End and Meaning do pursue in the preservation of the true Protestant Religion, the Liberties and Peace of the three kingdom &c. Now that they give out and threaten to come in an hostile manner into England under their apologetical and specious pretence of fighting against the Sectaries thereof, of repressing Schisms and Heresies when as they have nothing to do with our Doctrine and Discipline ecclesiastical or civil, when as our own Divines can do better service by their Tongues and Pens for the suppressing schisms and Heresies than can be expected from the Scots their Swords and Arms, which if we may speak by experience are by the continuing this war more like to increase them both in number and power, then to suppress or lessen them in either, and for the English Laity none or a very few and inconsiderable number of them do tolerate Heresies and Sects, as is elsewhere set forth in this discourse: Moreover when the English have shown their averseness from a war with Them, q At the defeat given them by Montrosse at Kilsyth eve● to the ruining the State of Scotland when the Lord Fairfax the English general and other Commanders in chief wrote to the Earl of Leven the Scottish general that they accounted the calamities of Scotland to be their own, and would willingly adventure their own blood for the Scots as for the English till the Enemies of the three Kingdoms were fully vanqu●shed. See the Breviary of the History of the Parliament of England. their tender and compassionate thoughts towards them when they were at the lowest ebb, and they expecting the like measure of friendship and Brotherhood from the Scots according to their motto and profession [to deal as they would be dealt with] have assisted them before, and even at the beginning of these troubles when they suffered most, when by their applying themselves to the King for redress they could have none, the English was their only aid and best support. The last Question than falls out, Whether whilst these matters be in dispute we may rest secure from an Hostile invasion from them or other foreigners? whether by these unnecessary disputes and dissensions here at home the Commonwealth be not in danger to lose that in a short time which hath cost so much Treasure Industry and Blood? For the powers that be, once shaken and becoming weak will soon fall, most men being apt to lay hold on the r Noli in caducum parietem inclinare▪ Lipsius Politic. Politicians advise [Not to lean on a weak and to●tering Wall] The judgement and knowledge of deciding these Questions rests in the Prudence and Experience of the State, who after a long time casting and consulting what was fittest to be done, what the safest course to be taken for the strengthening and support of a firm and present Government have resolved upon an universal Engagement in such manner and form as to their wisdoms seems most expedient, and they have accordingly Declared and Ordained, that they knowing the justness of their Cause, aught in relation to the present security and maintenance of their power, to the preservation of a firm and lasting Peace, to use all Expedient and lawful means against the violence and restless opposition of their Enemies; none they judge so safe as by an Engagement and Subscription thereunto, which if throughly weighed crosseth no former Vow either of Protestation Covenant Oath of Allegiance or Supremacy, the subscriber only promising to be true and faithful to the Commonwealth as it is now Established without King or House of Lords; not the Oath of Allegiance or Supremacy as is before observed if you look into the Reason and End of enjoining the said Oa●kes; Nor the Pro●estation taken 1641. for the maintenance of the King's Honour Person and Estate; Nor the Covenant taken 1643 for the preserving his just Power and greatness, where his Honour and Power are transitory and personal capacities during life, dying with his Person without further respect had unto his successors: So the taking the Engagement commencing since the time of the King his death, is no breach either of Covenant or Protestation taken for him in the time of his life, nor by the words [Now Established without a King or House of Lords] are the Nobility excluded for ever from their Privileges as to succeeding Parliaments if the wisdom of the State shall so admit and these continued Divisions beget not an universal ruin taking away the succession of Parliaments, all Order and Government to be hereafter had, nor from an Envy or Neglect had by the House of Commons to degrade the Lords or lay their Honours in the dust as hath been of late seditiously given out; for so the Gentry of which the Parliament themselves consists, being in the next rank to the Nobility may fear their turn is next to be thrown from their station also, & all become leveled, Such suggestions questionless are infused by the Enemy's factors into the Gentry's ears to draw away the affections of them also as well as of the Nobility, to set on those ancient ranks of men against the Parliament and their proceedings, endeavouring indeed to turn the hands and hearts of all men against them, but that the Persons and Estates of such of the Lords as have assisted the Court of Parliament in the time of their extremities may hence be preserved from ruin, which in case the Enemy should get the upper hand they must be subject to, and cannot therefore in their serious and prudent thoughts but confess that Safety and Preservation are as valuable as Order or Honour is. Did the Engagement cross the abovenamed Oaths, the Refuser might plead the tenderness of his Conscience, that having taken those Oaths which to his present judgement doth deter him from subscribing to the Engagement, he cannot without dispencing with his Conscience so subscribe. The Subscriber from the tenderness of his observes and builds on the Apostles precepts, Let every soul be subject to the higher Powers, again, submit unto every Ordinance of Man for the Lord's sake: he holds withal Gratitude to be a moral act of Conscience, and therefore thinks he may, nay, that he is bound to promise fidelity to the Power from whence be receives protection and enjoys his safety: so it seems strange that amongst men of the same uprightness and integrity many of either party being conscientious and honest men, one Party should Take, another should Refuse, and that the same guide of Conscience conversing about the self same object should tend and lead to contrary Ends and Actions: Conscience is a certain and uniform habit of the mind of man, and therefore cannot err in a contrary Diameter; as at the first entrance into this war the King's Party did pursue their Cause as the Parliament did theirs, each of them imploring God's blessing according to the justness and righteousness thereof, which could not be just on either part when their undertakings were contrary and cross each to other: It seems as strange that divers of either party acknowledging God's goodness trusting on his help should from contrariety of judgements and Courses each to other hope to succeed in that they expect from him, a blessing upon their endeavourings; he is the same, knows no change, nor faileth them who trust in him: none so wicked but will confess that he is good and gracious, but for any to expect that through his blessing through his goodness which they take not the proper course for in Prudence Sobriety and obedience, or fail in that which he hath ordained for conveying unto us what we look for at his hands, it is rather a tempting then a trusting on him: Conscience else may be defined a persuasion of the mind that such or such a thing is sin, that therefore we are unwilling and afraid to commit the same for fear of displeasing a great and all-seeing Majesty: sin is a transgression of the moral Law, subscribing is no breach of it, the act of Subscribing or not subscribing may proceed from a disposition or indisposition to do or refuse what our will doth prompt us unto: Neither is it so much Conscience in the Taker and Refuser both, in respect of some 'tis to be feared a Passion or self wilful humour governed and directed by a carnal and self-seeking policy, neither is it a matter of small difficulty to distinguish between the natural and spiritual inclinations of a man: It is not between Taking and not Taking the Engagement amongst us as between Eating and not Eating meats amongst the Christian Romans, where as to the Eating and not Eating the Apostle judgeth it a matter of indifferency as to them that were so divided concerning meats and thereupon ordereth Let not him that eateth despise him that eateth not, which he doth to take away the occasion of secondary differences which might grow betwixt them, to preserve the common Peace, to take away all scandal and division; there was nothing there enjoined as to the Eating or Abstaining from Eating; It is not so between Submitting and not Submitting unto Authority as to the laws and Policies of a Commonwealth, for whereas submission to every Ordinance of man for the Lord's sake is required and here the Powers that be enjoin the same, Obedience being a conscientious Duty better than Sacrifice the indifferency seems to cease and is become a duty; and there the Conscience sways the balance rather unto that side which obeys, than unto that which resists Authority: so the continuation of the quarrel rests in subjection on the one hand to, in resisting on the other hand the higher Powers, & the process of this War lies on their score and theirs alone who when they have erred and are convinced shall not acknowledge and retract their error, which can be no injury or disrepute to the sober and lowly minded. The wisest of * In sapientem non potest cadere Injuria. Seneca. Philosophers maintains that no injury can befall a wise man, his stout and resolved heart keeps off the sto●ms of Calumny when weaker ones do fear and shrink under every gust of reproach and censure, so that if the convicted Party shall redeem their error by confessing it, the vanquishing forbear to glory as some have over-hastily boasted in their extraordinary success of a finite uncertain and vanishing condition s See the exhortation for and touching the taking the Covenant annexed to the Covenant Printed. 9 February, 1643 rather than in the Equity and justice of their Cause of a more durable and lasting station, t Commonly discoursed in the diurnals and Occurrences Printed in April and May 1651. Or in the flattering and pleasing ourselves with the divisions falling out amidst our enemies abroad concerning their counsels and Commands, rather in studying to compose and reconcile our own at home, the war might soon be ended, and the God of Peace own us as of the Number of those unto whom he hath promised * Psal. 19 the Blessing of Peace. FINIS.