Scotland's holy War. A DISCOURSE Truly, and plainly remonstrating, How the SCOTS out of a corrupt pretended zeal to the COVENANT have made the same scandalous, and odious to all good men: and How by religious pretexts of saving the Peace of Great Britain they have irreligiously involved us all in a most pernicious war. Tantum Religio potuit suadere malorum. Cursed man, what canst Thou hope for, what desire? To Thee Christ brings a sword, his Gospel fire. Be man no more, abjure thy wretched kind: Lest Mannah poizen, sunbeams strike thee blind: By H. P. Esquire. LONDON: Printed by Fran: Neile, in Aldersgate-street. 1651. READER, I Have lately seen in Print an apology for such Ministers, and people, as out of conscience did not observe the Thanksgiving-day dedicated by the Parliament to Almighty God, for giving us victory against the Scots: and the Apologist had prefixed this Title in his Front: Sad and serious political Considerations touching the Invasive war against our Presbyterian Protestant Brethren in Scotland, their late great overthrow, and the probable dangerous consequences thereof to both Nations, and the Protestant Religion. As soon as I had read it over; I saw heavy, and bitter charges in it against the Power now Governing, and by consequence against our Nation, and Religion, but all was built upon such premises, as were left utterly unproved. I doubt not therefore but all scholars will deride the Author, as void of wit and ingenuity: and will think that Pamphlet unworthy of an Answer, which can challenge nothing besides a flat denial. But when I consider the multitude, who scarce discern betwixt Arguments and Invectives, or points that require solid proofs, and such as sometimes are not worth proving: when I consider this multitude may be dangerously imposed upon by confident writers indeed, such as have effrontery enough to grant themselves any thing under dispute: I dare not be wanting to a distressed Cause, and vitiated Truth. What the Apologist though affirmant has left unproved, viz: that the Parliament has broken Covenant with the Scots, and made an Invasive war upon the Presbyterians: the same I though respondent shall endeavour to leave disproved. And I hope I shall remonstrate by something more than Averments, my Antagonists best arguments: 1▪ that the Covenant was first violated by the Scot●, and 2ly, that this war of great Britain was raised by the Presbyterians. Of the Covenant. ABout 11. or 12. years since, the late King began to take Arms against the Scotch Nation upon Ecclesiastical quarrels, but his success was so ill therein, that He could neither hopefully pursue, nor yet handsomely compose those broils. The reason was, because his Popish Subjects could not, and his Protestant Subjects in England would not support him with their effectual assistance in that causeless war. So this Parliament was then convened to extricate the said King out of those difficulties: and had ●here been any other remedy that possibly could have released him (so entangled, as He then was) either by pacifying the Scots without force, or forcing them without pacification, this remedy had never been thought on: for there was nothing in the world more adverse to his tyrannical ends; then the freedom, and controlling authority of that high Court. Long it was not therefore after the sitting of our great council, before the said King gave open testimonies, how odious it was to Him to see his boundless Prerogative so checked: nay many months had not elapsed before disgusts had hatched & ripened bloody & dangerous plots against the whole representative body of our State, 2. Armies were now in the North out of all military employment, and this put the King in some hopes, that either one of them or both might be won to his party; and so help to rid him of his loathed rivality. Strong endeavours were used accordingly: but God blasted them all: the Scotch Army thought it too horrid a thing to attempt the ruin of that Court which was so true to their preservation, and so assured to the ends of their late Declaration: and the English Army durst not attemp● any thing, having the power of London to mate them before, and the Scots behind, yet the Parliament truly apprehending danger from these, and other like machinations to for●ifie themselves the better, frame a Protestation for all the people to take, and whosoever should refuse the same, He was voted unfit to bear Office either in Church, or commonwealth. This Protestation was taken in 1641. and the Protesters did thereby in the presence of Almighty God bind themselves to defend Religion, the King, the Parliament, public Liberty, the Union, and peace of the three Kingdoms, with a clause to be assisting to all that adhered to this Protestation, and to be at enmity with all its opposers. The King stomacht much this new way of embodying the people in leagues, and parties, and knew well that the contrivers of it intended it for a combination against his unlimited pretensions: but seeing his interests were here as specially provided for as any other, without any insinuated subordination, and that it left his pretensions as unprejudiced as they were before: he smothered much of his distaste against it. Ordinary affronts, and misadventures did rather quicken then quash this King's resolutions, wherefore upon this Account He made the more haste into Scotland upon some concealed reasons of State: and his hope was, that by his passing through both the Armies in the North, He should find an opportunity to be his own negotiater with all the chief Commanders. All these royal arts nevertheless miscarried, and were not able to debauch the Armies, for either the Commanders were jealous of the soldieries integrity, or the soldiery of one Army suspected the sincerity of the other, or else the Parliaments solicitations proved as efficacious, as the Kings: something there was that concurred to the abortion of that mischief. The King therefore speeds away to Scotland with super●etations of further plots in his unquiet head; but his old fate still accompanied him, for there He was soon disburdened of some of his monstrous conceptions, to the great detriment of other men: but He scarce ever prospered in any one design for the advancement of himself. Some Noblemen that were invited to a bloody supper, got timely advertisement of the royal assassinators, and so by flying privily out of Edinburgh secured themselves: but that ever to be execrated insurrection in Ireland, by the Irish Papists against the British Protestants, came to effect at that time; and 'tis known well enough that the chief actors in that tragedy alleged a Commission from the King under the great Seal of Scotland, to justify all that they then perpetrated. Here was an issue of blood spent, that is not staunched to this day: little less than 500000 Christians were sacrificed, and devoted to slaughter by that Commission (and the King himself never took any effectual course to wipe off that stain) but what prosperity has that dismal deluge of blood brought at last to the King's cause? Hitherto the King keeps from open defiance with the Parliament of England: but now God's flaming Minister of war begins to brandish his sword against this Nation: now the King is returned from Scotland: and now begins the year 1642. wherein Arms are openly taken up, and avowed on both sides. Scotland for two or three years before had seen war, but without slaughter▪ Ireland had been miserably the year before imbrued with slaughter, yet saw no war: but England must now prepare herself both for war, and slaughter. At the first harnessing, and making ready for the field both sides pretended to be on the defence: and both pretended to stand for the defence of the same persons, and rights; the Parliament declares for the King's rights as well as the subjects' Liberties: and the King for the Subjects Liberties, as well as his own rights: the matter of the Protestation is the cause they both ●ight for; insomuch that by their professions it might be thought the Protestation were equally favoured by both. Neither were their successes much unanswerable to their professions: for after a bloody battle fought near Keinton in Octob: and another hot encounter at Brainford, and after divers other conflicts in several other places of the Northern, Western, and middle Counties of England either side got blows, but neither side carried away any great advantage, or conquest: only the King's secret correspondence with the Irish began now to grow more evident, as well by their declaring for the King's pretences, as by his diver●ing the preparations made here against them. At this time the thread of the King's counsels was exceeding finely spun, the more zealous He seemed against the I●●sh openly, the more zeal He attested to them privately, and they themselves could not but see by the Kings seizing our Irish provisions here, and assuring himself of our Forces sent thither, that the more we exhausted ourselves in sending supplies against them, the more unable we should be in the end either to resist the King here, or to reduce them there. Howsoever as was noted before, though the most subtle threads of the King, were strong enough sometimes to fabricate toils and nets for his subjects, yet they never could be twisted into ladders for the mounting of him to his aspired grandeur. About the beginning of the year 1643. another black desperate design against the City of London was discovered, scarce inferior to any of those former impregnations of the King's enraged brain: whereupon the Parliament again had recourse to this new religious guard of Vowing, and Covenanting. And herein after the Covenanters had humbled themselves before God for the Nations sins, and judgements, and promised by God's grace to endeavour for the future, an amendment of their ways, they the second time engaged themselves by Vow, and Covenant, in the presence of Almighty God, to be adhering faithfully to the Forces raised by the Parliament for defence of Religion, and liberty. &c. But notwithstanding the virtue of both these holy remedies against the King's uncessant stratagems: about the latter end of the same Summer the Parliaments affairs came to a great declination, and till they obtained aid from the Scotch Nation, their condition was thought very tottering. In August the English Commissioners began to treat at Edinburgh: and about the depth of Winter the Scots advanced with a complete, well appointed Army. Yet this may not be wholly pre●ermitted, that the Scots were long deliberating about their march, and though they saw their ruin involved in ours, and their faith no less preingaged to us for mutual assistance, than ours was to them: yet they advanced not at last but upon these strict conditions: 1. That we being then but a wasted part of England, yet should presently imburse them out of our afflicted affairs with a great sum of ready money: 2ly, That they should be paid as mercenaries, and yet have a share in government here, as if they were our joint-tenants. And 3ly, that we should enter with them into a new solemn League and Covenant upon Oath, as it was by them composed, and conceived. So disproportionable, and unsuitable is their amity to their enmity: for when they had a pretence of a quarrel contrary to former Treaties with England, in 1648. 'twas in their power to invade England readily without assurance of present Advance-money, or established pay afterwards: and such able Enemies we found them in all ages: but when they were to be aiding to part of England, in observance of former Treaties, in 1643. there is no moving in such a work without ample Covenants: so much more difficult amongst them is the enterprise of helping, than is the enterprise of undoing. It is manifest now, by that which has been hitherto premised, that the first occasion of flying to such conscientious ties and expedients as these, was that the late King's plots, and conspiracies might be thereby the better disappointed, and that the people might be thereby the better confirmed in their opposition against Him. And this makes it now seem the more strange to us, that the Scots at present should make their Covenant so main an engine for the King against us, which at first was certainly excogitated as a main engine for us against the King. 2ly, it is hereby as manifest that the Scotch Covenant which is now insisted on by that Nation, and was pressed on us at first with so much rigor, did add no new obligation at all to the English: Religion, Liberty, Monarchy, and the peace of the Nations were as much secured before, and as sanctimoniously by the Protestation in 1641. and by the vow, and Covenant in 1643. as they were afterwards by the solemn League and Covenant, when the Scotch Army was to enter England. 3ly. We cannot observe by any remarkable blessing from Heaven, that the hand of God did ever give any gracious testimony in behalf of these new sacramental obligations. The protestation was thought ineffectual till the vow, and Covenant came in with a greater supply of religion: the vow, and Covenant was not able to break the King's Armies till the solemn League of Scotland had superinduced its further sanctity: and when that was superinduced and came accompanied with 20000 armed men from Scotland, the King subsisted, yea and thrived a long time after: and without doubt those Oaths which he imposed within his quarters did as much service against us, as ours did for us in our quarters. We all know that 'twas not a new Oath but a new modelled Army that by God's most gracious hand first gave check to the King's prosperity: and 'tis not so visible that ever we trampled on the Royalists formerly by observance of the Covenant, as that we are now miserably engaged in blood against the Scots, by misprisions, and false glosses of the same. The Lord of his boundless mercy grant at last that we may return to our old ways of humiliation, seek to appease that Majesty by fasting, and praying, which is to be feared we have provoked by superstitious vowing, and swearing. 4ly, We cannot find that ever the people was rightly fitted, or at all benefited by these new sacramental Leagues, or rather political Sacraments: for in England we had too many that would take the King's Oaths when He was prevalent, and the Parliaments also when they were prevalent: and in Scotland Montross's victory left lamentable spectacles of human treachery and impiety as to the Covenant: No sooner had he in 1644. won one pitched Field but the Nation generally flowed in to Him, to submit unto his new royal bonds, with curses upon them that had forcibly clogged their consciences by contrary ones before; and no sooner had D: Lesly routed Him, but the same people again shifted Montross's bonds with detestations as high, and bitter, as they had the Parliaments before. This is a prodigious example, exceedingly to be deplored not only by the Scots, but by all mankind. But to proceed: The breaches, and hostilities which at this day are sprung out of the Covenant betwixt the Covenanters of both Nations are too visible: the question is therefore, whether we shall charge these mischiefs upon the ill composure of the Covenant itself, or upon the malice of the Covenanters: and if upon the Covenanters, whether are more guilty the English, or the Scotch? And first as to the Covenant itself, it seems to me that even that was not compiled so briefly, so clearly, and so impartially as it might have been, and that has given some occasion of stumbling to some: but certainly blood had never been drawn by brethren so leagued together, as we are, had it not been for the ignorance, arrogance, and high injustice of the Covenanters. Antiquity which was famous for ingenuity, had not any use to charge their human contracts, much less divine, with so various and heterogeneous branches, as this Covenant is charged withal: some points of it are divine, some moral, some civil: some are of higher, some of meaner concernment: and all of them thus oddly compacted together swell it up into too rude a lump. Moreover, since variety of parts made it more gross, and by consequence more obnoxious to doubts, and intricacies, there ought to have been more care to distinguish betwixt those parts which were coordinate, and those which were subordinate: and in case some provisoes proved inconsistent with others, it should have been predetermined which should supersede, and which should be superseded. The King by one clause, as He is King, is to be maintained equally with Religion, &c. yet by another clause, as He is a professed enemy to the Covenant, is to be pursued by arms, and brought to condign punishment. The safety of Religion may possibly be irreconcilable with the safety of the King: and the safety of the King confessedly owes a subordination to the safety of Religion: yet it is left dubious by the Covenant how far the inferior here shall give way to the superior. The unity, and peace of the Nations is the scope of one Article in the Covenant, and that Article had a high place in the intent of those which indicted the Covenant: yet neither does this Article condemn all war as unlawful betwixt the Nations, nor yet prescribe when it may be judged lawful, nor by whom. The Scots by one interpretation of the Covenant are more strictly embodied with us then formerly, and so to be assisting in our Reformation: yet by another interpretation, they are to maintain to us our national rights, and not at all to interpose in judging of our English affairs: and how can they reform where they may not judge, or how can they judge where they have no propriety? or how can they challenge more by virtue of this Covenant-union in England, than we do in Scotland? or how can confusion of interests be introduced, where there remains a coordination so equally, and justly preserved? In the next place, there is a palpable partiality in the Covenant whereby is easy to be perceived in which Nation it received its being: for the Church of England, and Ireland are to be reformed, but the Church of Scotland is to be preserved in its perfection of Doctrine, Worship, Discipline, and Government. In sum, all three Nations are to purge away whatsoever is contrary to sound doctrine, and the power of godliness: and the only true standard for such purgation is the book of God, and forasmuch as that is as truly a standard to the Scots as to the English, they, though the Covenant prejudges and presumes them perfect, are to be tried by this Book as well as we are, and as that which is defective in them must be rectified by this standard: so that which is not defective in us must be justified by the same. We conclude therefore justly, that either the Article itself prejudges us, or is by them ill prejudged when they assume, that we are to conform to them, more than they are to conform to us: for so much as there is but one only book to which we are bound equally both of us to conform▪ and of that Book they are no more authentical interpreters than we are. These exceptions, and perhaps more, might be taken against the Covenant itself, and the manner of obtruding it: but we fix not hereupon, nor will we mention it, as to the genuine intent of it, without reverence: the main offence that has been given to the world, has been given by the Takers of it in a false sense, not by itself. The inquiry therefore at this time is, whether the English, or Scots, whether the Presbyterians, or Independents are most blameable before God, and Men, for the scandal which has been given by occasion of this Solemn League, and Covenant. For the better discussion hereof, we shall do well to observe, first, which of the parties has been most clamorous against the other▪ ●ly, What the principal matter of those clamours has been▪ 3ly, What may be most probably aimed at by the raisers of those clamours: 4ly, What the issue has been▪ As to the first it is apparent, that the Scoch Presbyterians, were the first compilers of the Covenant, and that they still continue to set a sacred value upon it, even unto a great degree of superstition: and 'tis as apparent, that they had not been so strangely transported with rage against us, but for our attributing less than they do to it. The Covenant is their Word in the day of battle; the Covenant in specie is carried along by their Priests, when they march into the Field, as if it were held oraculous, and had the same presence of God engaged to it, as the Ark had amongst the Jews: The Covenant in Law is made transcendent to an Act of Parliament; nay if both Nations should agree in one Act of Parliament, that Act could neither make more intense, nor more remiss the obliging force of this Covenant. This Covenant is sometimes called God's Covenant, and inscribed by the Scots in the same table with God's Covenant of mercy to his Church, and therefore when they will animate the people against us in war, they tell them that God cannot deliver up his Turtle dove, and his Covenant into the hands of such Enemies. Now because we come not up to this height of adoration, we seem despisers of the Covenant in the Scots eyes; and because we seem despisers of so holy a thing (accounted by them the very soul of Religion, and policy) their gall flows out most violently against us. They tell us▪ we have brought great scandal, and reproach upon the Name of God, the Name of his people, and the study of piety▪ that we have not only broken the Solemn League and Covenant betwixt God and these Nations, but have in effect rejected it, and trampled upon it, are become enemies to all the ends of it, yea persecutors of the servants, and people of God for their adherence to it. This in effect has been their burden against us for divers years, though it be as void of truth, as it is of charity: and though we (who may more justly instance in this, and divers other things as breaches of the Covenant on their parts) have never made the Covenant any ground of quarrel, or reproach against them. 'tis far from us to undervalue the Covenant: we hold it a religious tie of mutual assistance betwixt the Nations against the common Enemies of Religion, Liberty, and Union, and so we think honourably of it: only we make it no spell, nor idol: nor can we believe that it ties us to any duty, which our Pretestation, and Vow, tied us not to before, nor did our Protestation, and Vow create any new duties to us when we first entered into them. In the next place, though there be many heavy breaches of Covenant ubrayded to us: yet all of them resolve into these two, That we make not good what we have covenanted for either to God, or to the King. They could never say till this last Summer (nor can they truly say so of us last Summer) that we ever entered their country to disturb their peace, to claim, or usurp any share in their Government, to lay taxes, seize Towns, waste Villages, and destroy Natives amongst them, as they have done amongst us: all that they can object to us is, concerning injuries done to other parties, within our own territories, where by the Covenant they have no jurisdiction at all. In the behalf of God, they complain, that our professed Faith is nothing else but a mixture of Arianism, Socinianism, Antinomianism▪ familism, antiscripturism, Anabaptism, Erastianism, and Independency: but they know well that for matter of Doctrine, we still retain the old Articles of our Church, without any staggering at all in the least: and for matter of Discipline, we are willing to comply with them so far as they comply with God's Word: but in this we have our eyes in our heads as well as they, and 'tis no Law for us to damn the opinion of Erastus, or the person of any Independent, because they by them are dishonourably spoken of. The truth is, the Independent departs not so far from Erastus, as the Presbyterian: and Erastus is no friend to the supreme power of Synods, nor the uncontrollable dominion of Priests; and this makes the Independent so injurious to God, otherwise called the Kirk, otherwise called Kirkmen; were it not alone for this sin in the Independent, arianism, Socinianism, &c. (though we were therewith more infected than the Scots, as we are not) would make no breach of Covenant at all amongst us. In behalf of the King, they complain, that we have treated him not only as an Enemy to the Covenant, but also irreconcilable to the very being of our State: and hereupon they take upon them to bewail the hard condition of the English, that they are loaded with so many, and so great taxes, and subjected so rigorous, and obdurate Laws: which shall receive Answers in due place. But in the mean time, 'tis neither the Kings, nor the people's sufferings that stirs such a deal of compassion, and zeal in the bowels of our fellow-Covenanters; 'tis the change of our Government, by which they perceive at last, they themselves are very great losers. The truth is, the difference betwixt the King and us heretofore was of great advantage to them: and this advantage (though it was no property, or right of theirs, but a wrong, and damage of ours) is now fallen away from them. The King shall now have no more occasion to give them pensions in Scotland, nor gratifications here to do us disservice in behalf of his Prerogative: nor shall we be any more bound to hire their service against the Crown: and we must know, that these double offices, or ambidextrous versatile arts of doing services, and disservices was as great a revenue to them (especially since these last troubles) as the intra does of all Scotland. Now this therefore in the third place, may save us our labour of further inquiry about the ends, and aims of the Scots in their exclamations, and expostulations against us, when they contest in behalf of the Covenant. We see what the clergy in Scotland, and here, are so thirsty of, they would fain have Consistories in every Parish, where they might have a free power to dispense the Ordinances of Christ to such as prove observant of them, and to cast out all that are not submissive enough: and for fear Lay Judges should balance too much there, they would have Classes above better defecated of such secular persons: and for fear lest those Classes should be controlled by Parliaments: they would have Assemblies above all to act for Christ in all matters whatsoever military, or judicial, wherein Christ's Throne, that is the Kirk may be concerned. No Protestant Bishops ever aspired to so solid a power on earth: nay except in the Popes own Patrimony, where He is a Prince, no Bishops in Europe und●r any other Lay Princes are allowed to sit and act so independently, upon a Commission so large, as the Scotch Assemblies do: and therefore we cannot wonder if such a new hierarchy, as this of the Presbyterians be so desirable amongst our Kirk-men. Furthermore, when such impetuous appetites of all the clergy in Scotland, backs with some thousands of ours in England, shall also fall in at the same time with the interests of so many of the Nobility, Gentry, and soldiery in Scotland, as drove a very thriving trade heretofore by siding sometimes with the King against us, at other times with us against the King: and these things can be no other way compassed, or pretended to but by the ambiguous sense of the Covenant: we cannot wonder, if the Covenant be held so venerable a thing as it is in Scotland, and made the price of blood and war, as to every puntilio in it. More than this needs not be said of the Scotch Presbyterians, if as much could be said of the English Independents, and that they may have as fair hopes, and probable ends against the Scots by suppressing the Covenant unduly, as the Scots have against us by enforcing it immoderately: I would willingly quit this as a nugatory, weightles presumption. The last thing that may deserve to stay and take up our thoughts a little is, the issue, and event that both sides have met with, and this may justly sway our censures in such a question, as this is. The King being driven to extremities in Oxford, and being privy to the differences betwikt both Nations about some constructions of the Covenant, chose rather to cast himself into theirs than our hands▪ and we cannot imagine that the King which so hated and feared the true intent of the Covenant, would rather intrust his life to those which He thought more true, than those whom he thought more false to the Covenant▪ But what success had that trust of his? it cost him his ruin in the end; for they which interpreted the Covenant for his purpose whilst he was to put ● great prize into their custody, soon found out a contrary interpretation, when the Parliaments money outweighed that prize. This end their animating him divers times against our Propositions tendered, when the King was thereby, and by other secret correspondencies rendered more dangerous to us, and more uncouncellable to Himself was fatal to Him. But now since in favour of his Son the former interpretation is resumed the second time: how has the case been altered? The case in truth is even thus, the young King has repented of his coming amongst them, the Kirk begins to repent of his admission amongst them: the hand of God has been heavy upon both: and 'tis almost come to this, that the most conscientious Presbyterians in Scotland must read the Covenant in a new sense amongst us: whilst all the rest must lay afide the Covenant wholly amongst the ancient, professed Enemies of it. I will not strain this argument of success too high: but this is to be remarked, that the success here put, is not ordinary, or mere success: forasmuch as it has been sent from Heaven after solemn appeals thither made by two religious parties, and as the honour of God was much concerned in it, so the manner of sending it was more than ordinary. We draw nearer now to the Covenant itself, and shall consider it first in the whole, and then in its parts. The first clashing we had with the Scots was about the right which each Nation had past to the other merely by joining in such a mutual, sanctimonious stipulation: for when we objected to them upon several occasions, that they interposed too far in the Affairs, and counsels of England, they as often gave us this Answer, that we were not since our conjunction with them in the Covenant and Treaties to look upon them as strangers, or so far distanced, in the interest of England, as they were before. This was at large refuted, and silenced by the Parliament, and therefore little need to be said in it: and indeed Leagues, and Pacts are common amongst all other Nations, yet no man ever argued such a State is united to such a State as to such a particular war, or as to the attaining of some other particular purposes, therefore they are incorporated into one State, and united as to all other purposes whatsoever. This is ridiculous: sense, and experience is sufficient to explode it. And if the Scots plead further, that there is something extraordinary in this bond of the Covenant, which knits faster, and closer than all other bonds: proof will fail them herein: and yet if proof were not failing: their equality of interest with ours in England would not follow notwithstanding. For either the Covenant has reduced our two States and Dominions into one, or not. If it has not; then the English man's interest is as entire, and remains as distinct from the scochmen as it was before: confusion of properties is a thing as abhorred in policy, as a vacuity is in nature. But if both the governments by our Covenant adunation be compacted into one, and the same: then where is that one and the same supreme tribunal, which is equally to determine all national disputes, and may legally challenge submission from all aggrieved parties? Should an Army be committed to 2. Generals, and the Commission specify nothing concerning the partition of their Commands, and prevention of their rivalities, nothing but ruin could be expected. Therefore the very letter of the Covenant was so far from intending to take away all severality from us, that it clearly puts each Nations Liberties and rights amongst those other things, which it proposes to itself to save by this promised assistance of each Nation: ordering likewise this assistance, that no man should yield the same otherwise then in his several place, and calling, and according to all our several places, and interests. 'tis the more immodesty also in the Scots to arrogate to themselves an equal share in the rich commonwealth of England, which the English never made any pretence to in the like barrener soil of Scotland. But if a moiety of our English government in all cases whatsoever be not due to the Scots, as they are our brethren in Covenant with us, and equal parties in the same stipulation: yet in the next place we cannot deny them an equal share in the judgement of the Covenant, and all disputes about the same. If they be contractors with us, and by virtue of the same Contract are as well enabled to require performances of conditions from us, as they are obliged to perform conditions to us, it stands with all manner of equity and reason that they should have as great a latitude and freedom, as we, in determining what is to be performed on either part. We deny not to the Scots the same extent of judging in England, as to Covenant differences, which we claim in Scotland: this only is denied by us: that either they are as properly Judges of matters in England, as they are in Scotland, or we in Scotland, as in England. This was the fallacy that should have blinded us, but there is no such great depth of sophistry in it. The States of England and Scotland are equally independent▪ & the Covenant cannot grant to one equal a jurisdiction over another. So long as both Nations stand upon equality, and confess no superiority to be in either: so long it is vain, injurious, and against the ends of the Covenant for one to pass sentence upon the other. 'tis vain, because the sentence has no operation at all, the party sentenced protests justly against it, and all third indifferent parties look indifferently upon the sentence and protestation. 'tis injurious; because he that condemns his equal, does that to another, which he would not have another do to himself: and if there be no other superior Judge on earth, He intrud● into the chair of God himself. Lastly, 'tis against the Covenant, because the intent of the Covenant is to settle peace, and amity by offices of justice and humanity betwixt the Nations: whereas there can be no end of controversies and hostilities, when sentences shall be spoken against parties that are no inferiors, and that by parties that are no superiors. The Scots therefore in this have been exceedingly too blame, and there is no doubt but the ruin of the King, and all the late miseries of their own wasted country have been derived from this strange insufferable arrogance of theirs. 'tis frequent with them to protest against the Parliament of England as no lawful Authority; to denounce against all the Souldery of England as Sectaries, Rebels, and regicides; to upbraid all the Gentry, and commonalty of England submitting to the present Government, as men that prostitute their consciences to a sinful shameful thraldom: to incite all the Presbyterians, and discontented persons in England to the kindling of new flames amongst us. And this is more than to invade a moiety of the Legislative power of England, this is to seize all: this is more than to claim a jurisdiction in Covenant affairs, this is to in vas● all us totally in all cases whatsoever: this is more than to pronounce judgement against us at home in civil cases, this is to pursue us with fire, and sword, as well foreign, as domestic. Should our Nation now descend to the like outrageous recriminations, or rather feminine altercations▪ being first provoked, and having juster grounds, what an odious noise would this trouble all Europe with? Well: but still there is something to be said for the Scots: if they may not call us to their own bar, as they are our fellow Covenanters, and as they are equally parties in so religious a League with us, yet there is another Bar to which they may cite us, there is still here upon earth a bar of common equity and reason; and at this Bar●e the English are accountable for all their delinquencies against the Covenant. To this we agree, and shall appear a● is required by the citation. The late King some years before the eruption of these troubles had made many dangerous attempts against the purity of the Protestant Religion, and the Liberties of the Subjects in all the three Nations. Now in 1643. when Arms were taken up on all hands either for assisting, or opposing the King in those his designs against Religion, and Liberty: the Covenant was formed by that party which rose up against the King, and the main, primary use, it was formed, & intended for was to protect Religion, and Liberty against Him, and his adherents: The formers of it also at the same time took notice, that the cases of Religion, and Liberty could not be well separated, forasmuch as the King if He prevailed against the one, would more easily prevail against, the other. Religion was the richer freehold, but Liberty had the stronger fence to preserve it from the violence of intruders. It was likewise visible that Religion would make the people more zealous for Liberty, and Liberty would empower the people the better to defend Religion. besides, suppose the taking away of the people, and you suppose with all the taking away of Religion, and suppose the taking away of Liberty, and you do in a manner suppose the taking away of the people; for the life of a body politic consists not in living, but in living free. The Covenant therefore primarily, and ultimately proposes to itself the safety and prosperity of the true Protestant Religion in the safety and Liberty of the three Nations, and the safety and Liberty of the three Nations in the safety and prosperity of the true Protestant Religion. All other Articles in the Covenant are but secondary, and subordinate hereunto: and they are to have respect from us not as they stand higher, or lower in order, but as they are more, or less serviceable to those higher purposes, for which they were at first ordained. Upon this ground, that branch in the Covenant which obliges us, to seek God in this sacred engagement by a special amendment of our lives, and reformation of our own private ways: at such a time as this, merits the honour of the first place. And next hereunto worthily may succeed those 2. branches by which the Nations are so strictly confederated in peace, and amity: and by which all parties to this confederation have past their solemn Pacts to be assisting to each other, & bringing all opposites to condign punishment. That branch which was inserted in favour of the King (at that time the principal Enemy of the Covenant) and for saving of his Prerogatives (so desperately at that time disputed by the sword) if it could challenge any place at all, could certainly challenge none but the last and lowest, how soever the Scots had ranged it, and do still propugn it. Nothing surely could more cloud the meaning of each part in the Covenant, or more pester, and perturb the whole frame of it, than this insertion. The same Oath to God now binds us in one clause to pursue with fire, and sword all that are enemies to this Oath, and yet the grand enemy of this Oath by another clause in the same Oath, is preserved inviolable: nay that clause which preserves one Enemy, has a local preference before, that which pursues all. Hereupon if a Commission be taken from the King to destroy this Solemn League, He that takes it dies ignominously as a traitor, but he that gives it, has that indemnity given by the Covenant, which his kingly office could not have given him. The very penning also of this Article leaves us very dubious, and perplexed, how far the King's royalty is saved to Him: for the saving is not absolute; but refers to some thing in order above it: and that is the saving of Religion and Liberty▪ Here therefore two new doubts meet with us to entangle us: 1. In what degree the King may be proceeded against, when in such a degree He endangers Religion, and Liberty: 2ly, how we shall exactly judge of these degrees, when our judgements are wholly left at liberty, without any limits, or marks set by the Covenant. The Scots have proceeded so far as to imprison the King's person, and to sequester all his royal power, which is a temporary dethroning, and deposing▪ because they suppose Religion, and Liberty was so far impugned by Him: but they suppose that from an imprisoned, sequestered King no further offence, or danger can arise: and therefore He ought not further to suffer. This is sufficiently erroneous: but this is not all yet, for they will not only thus expose Religion and Liberty to greater hazards in their own country, but they will overrule us with their errors, and enforce us to run the same hazards in our country likewise: and this is more, we are sure, than the Covenant enforces us unto. And doubtless this is very hard. For besides that there is no Nation, nor scarce any individual person in any Nation, who is not Judge of his own danger: in this case our judgement is wrested out of our hands, and resigned into theirs, who are the creators of our dangers, and have declared for, and thereby diverse times exasperated our greatest Enemy against us. In Novem. 1643. before the Covenant was consummated, the Lord general Essex moved in Parliament for the shortening of our war, that the King (who perchance was then encouraged to prolong the same out of hope of impunity at last, in case his arms should miscarry) might have a peremptory day set Him to come in, or else to know his danger: and this was consented to by both Houses, but obstructed by the Scoch Commissioners: what service was done to the King by this obstruction of the Scots, and divers other the like ambidextrous dealings, since that time, and how much longer the war was protracted by it, and how much mischief the same has at last drawn upon the Scots, as well as us, time has clearly enough demonstrated. And yet still, upon this the meanest, and most intricate article of the Covenant, they think they may break the unity, and peace of great Britain against one of the most indisputable, fundamental ties of the Covenant, and that only to show their zeal to an Anti-covenanter: which is a breach as indisputable, and fundamental, as the former. The intrinsical form of the Covenant binds one party to assist the other against a common enemy: it binds not one party to be assistant against the other: for how can that be called assistance, which is direct opposition? Besides, it binds specially to assist against such an enemy, as is injurious to the others right, freedom, and property: and can the Scots perform this bond to us, when that which they call assistance to us, is opposition against us, even by taking away our right, freedom, and property? for what right can remain to us, whilst we are subjected to their forces, what freedom, whilst we are to be judged by their discretion? What property, when we have lost the independency of equals? Certainly if we covenanted with the Scots as equal parties, we did not covenant with them, as superior Judges; and if we had so covenanted with them, our covenanting by Oath with God had been superfluous, but we hope that will not be held superflous: and therefore we will not endeavour to assoil ourselves before the Scots, we will only in charity let them know, how we have hopes, to be assoiled before God. The change of Government in England, which could not be without the execution of the late King, and rejection of his posterity (more than they could be without change of Government) was urged upon us (and God, before whom we plead, knows we had not long premeditated it before, nor embraced it willingly at last) by two unanswerable, irresistible arguments. The first was drawn from our duty to God: the second from the natural, necessary care of our own preservation. The first argument pressed us hard, that what God had commanded could not be reversed by any act, or pact of man: that God had commanded us, to punish blood with blood in all persons whatsoever under the power, and force of our Laws: and therefore our Covenant could not exempt the King himself▪ If it be said, that the King of England was above all Law; that has been disputed by the sword these many years, and decided for us by signal victories: and the Scots have appeared as far upon that trial, as we have done; and after that trial, 'tis unequal for us to descend now, to any other. We prescribe nothing to other Nations, whose Kings have a Legislative power, and thereupon are solati Legibus, and have their very wills interpreted, and observed as Laws: nor do we censure such States as have Princes subject to Laws, yet use not rigor in all cases whatsoever. We are willing that every one should stand, or fall to his own Master. Only, when immuring, sequestering, deposing, empoisoning of Princes has been very frequent in the world, that no Nation can be excused thereof at some time or other: this seems beyond admiration, that our judicial, public execution upon the late Charles should undergo an harsher censure than all these, merely because it wanted not the due solemnities of Law, and Justice to attend it. May a Prince be reduced from his public capacity, and when He is made a private person shall he be treated so, as no private person may be treated? Shall he be subjected to clandestine, unlawful proceedings, below the right of a common person, because He was once more than a common person? and shall either Jurists, or Statists that have any insight into the Laws of God, and Nations, stand for a secreted veiled justice, such as blushes, and dares not show her face in open Court, yet pass neglects upon that justice, which as far abhors darkness? and disdains the use of masks? Our next argument was drawn from the hard necessity that was incumbent upon us for saving ourselves from utter ruin. Divers times we had made humble addresses to the King for a cordial pacification, the Lord knows our sincerity therein: and the Scots that are now our accusers were for divers years our witnesses in that behalf: but before 1646. the K: had too much confidence in his English, and Irish abettors, and so would not harken. In the year, 1646. the Kings English Forces in England failing, we made new addresses at Newcastle, where the King was in the nature of a Prisoner: but we soon found at Newcastle that the King's confidence was still supported there also by something that had been infused unto Him by the Scots, and so that hope proved frustrate likewise. The dealing of the Scots herein was very close, the English that were in Commission with the Scots for governing the affairs of that Army in the Scotch Quarters, knew nothing by what invitation the King was drawn from Oxford thither, nor to what purpose Montreil the French Agent was there solicititing; but when our Propositions were rejected, and that the Scots (who joined with us in tendering them) began to dispute the King's interests, & their own against us in other things: and that their learned mouth Louden professed against the rigour of our capitulations, in the same elaborate Oration to the King, wherein He so zealously laid open the necessity of them, we could not but discern a halting in that Nation: and that that halting had as strange an operation upon the King. The King thought now He had gotten as great a strength of Scots in the North, the same being likewise fain away from our strength, as He had lost of the English at Nasby, and in the West: and for our parts, had the Scots been gold-proof, we should have thought so too. The disposing of the King was the matter in question: the Scots were not desirous to take him into Scotland, nor would leave him in England: but being under our pay within our own territories, where we had public persons in Commission with them: without the Parliaments or their Commissioners consents, they would be a guard to Him in England, till their Parliament at home were further satisfied. In the mean time after a long consuming war ended, England was constrained still to pay and maintain two Armies: the Scotch to prevent a new war if that were possible, the English to sustain a new war, if prevention proved unpossible: so that every moment was irksome to us, whilst the King's pretensions was an occasion to draw so much treasure from our coffers, and it was as irksome to the King to see the Scotch arrears, or any thing else besides his pretensions brought into debate, but at last the Scotch arrears took place, and justled out the King's matters; for after a great sum agreed upon, the Scots quite contrary to the high expostulations of some of their Papers, thought it honourable to leave the King in England, and the English thought it as profitable to buy the Scots out of England. This probably might prepare the King for new Pacificatory addresses, partly by damping his hopes in the Scots, and partly by defeating the next privy applications of the Scots to Him: and partly by giving a better relish of the English whose prisoner then He was, & yet had been treated very honourably; but this would not do, new Propofitions were once and again sent, and denied, and new assurances from the Scots were admitted, which procured thosy denials. Nay, after that Hamilton in 1648. Commissioned by the Parliament and Presbyterians in Scotland, had invaded us with 20000 men, and was beaten, and a new party of Kirkmen of a contrary party to Hamilton, had gotten the sway of the State into their hands, by the help of our forces who pursued the Hamiltonians beyond the Tweed; the English still received further repulses. So vowedly inflexible was the King against all that could be tendered by the English, though even when his condition was grown lowest, and the Parliaments Propositions not at all raised higher, and so vowedly obstinate were the Scots, and all parties, and factions among them upon all changes of affairs whatsoever, to make all agreements of the English with the King, disadvantageous to their fellow Covenanters. Their voluminous Papers yet show what they pretended to in disposing of the King's person in England: what a negative voice in the Parliament of England they would assign to Him: what revenues, and signiories out of the Court of Wards and elsewhere they would secure to Him: what power military, and judicial they would intrust him with in England: and how all should be managed by the joint advice and consent of Scotland. In sum, the King must again be more humbly sought to then ever: He must be discharged of imprisonment, received in pomp at London, to treat about what we had to propose: and his freedom must be such that He must sent for, and advice with what Delinquents He pleased: if we granted the Scots this, we left ourselves nothing: if we denied, All Ireland was at the King's devotion, all Ormond's, all O'neal's adherents, all the old Irish, all the English Irish: all the Protestants, all the Papists were against us: we had then scarce three considerable Towns left in that country: In Scotland all that Montrosse, all that Huntly, all that Hamilton, all that Arguile the kirk's Champion had any power in, even Jo: Cheesly himself to get a dubbing at the last hand was for the royal Cause: In England the clergy had imbitterd the City, and the City had sharpened the country against the Army, and against all that had not forgotten the first quarrel with the King. The Parliament itself had some leading men in it that had secretly capitulated with the King, and those false Leaders had many other ignorant followers that would believe no such matter. At such a time as this, when all foreign States desired, and contributed something to our ruin besides; and the King had as free scope to solicit and treat them as ever, and did make use of his time, especially to conclude with the Irish: what should the Army do? to execute the King, and eradicate Monarchy, was to expose themselves to a thousand hazards, and extremities: to spare the King, and Monarchy, and submit to the Scoch Presbyterian faction, was to perish inevitably: to treat with the King brought them upon this perplexity: either they must propose things safe for the State, and then they had no hopes of prevailing: or they must propose things unsafe, which would be sinful, dishonourable, and ruinous to them, as well as others in the end. I am confident England never travailed with such sharp throes, or struggled through such gasping agonies since She was first a mother: and none but God could have given her such a deliverance. When the King was retrograde to his Trust, and with the swing of his Train had swept all the chief luminaries out of our firmament: when the clergy was generally disaffected, and with their doctrines had almost poisoned all the City, and almost half the country, when the remaining part of the Parliament that had stoodout the brunt so long, and wetherd so many gusts became recreant at last, than did an Army inspired with strange courage but stranger counsel from above, step in to save their sinking country, overpowering all the winds, and waves that raged against them. The wonderful dispensations of God bringing great matters to pass by such cross means must be observed, and adored by all that are not aliens from Religion: and I doubt not but future Parliaments in future ages will be amazedly affected with them: but of all men we that now live, and see the effects of that critical time, and what a prospering posture we are now in, within so short a space, in England, Scotland, Ireland, and round about by the seconding mercies of God since, must needs most gratfully recent these things, except we have sold ourselves to Atheism & rebellion against Heaven. The Chiliasts from hence and from the race ordering of all our commotions, since, 1640. & something before may assure themselves that Christ is to reign upon Earth, and that he has already taken the sceptre out of the greater Warriors and Counsellors hands of the earth into his own: For the hills are now plained, and the valleys are raised, and yet there is no human hand appearing in it. Some men think all success unworthy of all regard, as if there were no difference between the administrations of God in his Church in times of distress, and his disposing of other men's ordinary affairs at other times: or as if Alexander, Hector, Caesar, had foiled their enemy by the same inward promptings as Joshua, David, and Judas Machabeus did: but this certainly is an irreligious error: for as there is a general providence of God by which the course of all natural things is steered: so there uses to be a special interposition of God in some things and is to be acknowledged, when his own honour and interest is specially concerned: and this special interposition is sometimes of the finger of God, when the effects are less supernatural; but when the effects are more stupendious, and beyond reason; the Scripture itself styles this the making bare, and the stretching forth of God's arm. They which are disaffected to the late egregious proceedings of God in the world will not, but they shall see, and own this truth. But let us return to the procedure of our affairs; when the Army saw itself surrounded with so many dangers, and insulting enemies; it began by some faintnesses, and carnal doubts to grow dangerous, and an enemy to itself; it began to receive suggestions that the removing of a King and Kingly power was like to prove more unfeaseable, then to treat a King into reason. And this was likely to have proved the more baneful, because the King by special graces was as ready to draw them into this ambuscado as they were prone by their irresolutions, and diffidencies to run into it themselves; for 'tis thought all agreements with the King would have been short lived, but if any had been made with the Army, that would have been but as Samsonswiths, and ropes, which was the reason, That the King, upon whom Five Addresses of the Parliament had wrought nothing, seemed to lay the Armies Proposals, though little differing in substance, exceedingly to heart: Howsoever it pleased God at this low ebb of things, when the Army was weakest, and most apt to be inveagled, and when the King was securest, and had most hopes to inveigle, to break off that Treaty, and then was brought on the last with the Parliament in the Isle of Wight; which when it was likely to overturn all by accepting of the King's Concessions; then also did God make the Army his Instrument, in preventing that sad conclusion. The debate in Parliament after the return of the Commissioners, was; Whether the King's Concessions at that Treaty had been such, as might make further applications hopeful, or no: and after a very long time▪ spent, the affirmative was Voted. This Vote struck a true apprehension of an universal imminent danger into the Army; for, now an accord with the King by the sense of the Parliament was to be hoped for, whereas in truth any accord (besides an absolute submission of the King) was sufficient to take away all hope; for since the King unsubmitting, had no visible obstacle betwixt him, and his long, eagerly pursued ends, but the Army: and any accord was certain to discard, or new form that Army, the security of all our Laws, and rights; yea, and lives was solely to depend upon the King's Honour: and what was honour in his sense, who was so principled, and who had now for diverse years waded through so much blood, and exposed himself, and posterity to so certain a disinherison, only to be true to his principles, any ordinary man may determine; immediately therefore after this Vote past, the Army saw no other remedy to prevent their eminent overthrow but to lay a hand of force upon the affirmative Voters in Parliament, and to bring the King to a trial, which were done accordingly, and so both they prevailed and we were preserved as to this day. Some say 'twas more Noble to trust the King too much, than too little: but these consider not that Trust is not always alike free; in this case distrust could ruin but a few, and that by a legal course; but Trust was likely to have ruined Millions, and the Laws to boot. Some of the Scots say; God was able to save Religion and Liberty in despite of the King: had he proved perfidious, and therefore if the King was not to be trusted, yet God was. These consider not that God holds himself tempted, not trusted, when we leave the use of ordinary hopeful means on Earth, and rely upon unproumist succour from Heaven. Some say if the King was not to be trusted, yet the Army had no lawful warrant to judge of him, and the Parliament, but these consider not that extreme, eminent, and otherwise insuperable dangers give private persons; yea, single private persons, an extraordinary warrant to defend themselves, and others: and this Warrant will be avowed by necessity, the exception, that all Law admits to be within the reach of no Law; and the danger was here extreme, because it concerned Life, Religion, Liberty, and all that could be endeared to man: it was likewise eminent, because another day might have prevented them by disbanding, or some other way. Lastly, it was otherwise insuperable; for that there was no other Judge, or hand on Earth that could hear and relieve them. Others say still, the danger was not so existent or manifest to other men, as to the Army. Let it be considered by these; 1 That Nature has entrusted to every man a special custody of his own safety; and there is none of us all, but would be loath that the same should be transferred to another man's care, viz. in cases extraordinary, where legal remedy cannot be had in a common way. 2 In matters of fact, where no full proof can be had, every man's judgement is to be less peremptory, and to take in as much of Charity as is possible. Whether the King would indeed have broken his Trust, or no: and whether the Army did falsely pretend such a fear, or no: neither of these is matter of Law, nor liable to any infallible proof, as to the fact: wherefore I may sin against charity if I pass my judgement against either, but I cannot sin, if I leave the judgement of both to God, and to wait for his determination. Some in favour of the King frame conjectures that He was probably very firm in performing because He was so slow, and circumspect in engaging: and that if He had been lubricous or profuse of his faith, He would not have refused an accord with the Parliament so long upon what terms soever. Others make use of contrary conjectures to a contrary purpose; alleging that 'twas but art in the King to dally, and to trifle away some time with the English, to set the higher esteem upon his constancy, and make them the more assured of his performance: that He was absolutely secure of the Englishmen facility, and plain-dealing, and never made any doubt to be received at his own pleasure: that he was never to his last day void of other confidences, or destitute of other plots to compass his design by force, that for his fidelity, and the value he set upon promises▪ and oaths, and the infinite subtlety he had to evade any engagement whatsoever, scarce any foreign State or Prince in Europe was ignorant in that point. That scarce ever any just, or innocent man fell under the weight of such transcendent, unparraleld calamities. But I list not to lean upon such Reeds, as conjectures are▪ 'tis enough for me to know that whatsoever man intends, or acts wickedly and perversely, God orders, and disposes rightly, and profitably; may he so do for England, Scotland and Ireland, in all these late mutations. It remains now, that we clear ourselves in point of Church-Reformation: for having covenanted to reform in Doctrine, Discipline, &c. according to the word of God, and the patterns of the best Reformed Churches, we are bound (as the Scots maintain) to take our pattern from them, and that, we, as yet refuse to do. This is the grand, and most heinous charge the Scots have against us: and because we follow not the model of Scotland, which they hold the best Reformed Church in Christendom, they seek to overwhelm us with a thousand calumnies, and labour to possess the world that we are nothing else but a Lerna of Heresies, and a sink of all uncleanness. To this we answer, 1. When we are bound to reform according to the word of God, and the examples of the best Churches; we conceive the word of God signifies all, & the examples of other Churches signify nothing at all; for those are the best Churches that reform nearest to the word of God, and what Churches have nearest Reformed cannot be known but by the word of God itself, so that that instance might have been spared. 2. If it come to trial by the word of God, whether the Scots Reformation be the best or no, the Scots therein can challenge no more privilege of judging, than we or any other Church. When we were governed by Bishops, the Gospel of Christ was as purely delivered in England, and as heartily embraced by the English (any being Judges besides the Scots) as ever it was in Scotland: and shall it be said, that because we have cast off Bishops, and thereby come some steps nearer to the Scots, our Doctrine remaining still the same without all innovation, shall it be said that our very approaches have ●●st us backward? It will be required at their hands who are entrusted with the government of Christ's Church, that his word and Ordinances be piously and duly dispensed: and it will be required at their hands who are governed, that the dispensation of Christ's words and Ordinances be faithfully and sincerely entertained: but if the Governors rightly discharge their duty, and the governed fail of theirs, the Governors shall not answer for what they cannot help; 'tis God that gives the increase, and does the saving, inward work: the Minister cannot go beyond planting, watering, and doing that which is the outward work. 'Tis one thing therefore for the Scots to upbraid the Flock, and another thing to upbraid the Overseers of the Flock, and yet the Scots constantly take an advantage against us by confounding these two things. For the people of England, we must confess they have been of late too much tainted with Heresies, and monstrous opinions: pudet hae● opprobria nobis, & dici potuisse, & non potuisse refelli: I hope all good men are grieved and humbled for it; but let the Scots consider, 1. That growing of Tares in God's Field, does not always show that the husbandman sowed ill grain, the contrary rather is true: inasmuch as the more busy the good husbandman is culturing and improving the Earth, the more solicitous ever the enemy is in casting in his malignant seeds, & the more readily eager he is to debauch & mar the crop. It was so with the Church of Christ in its Infancy; it was so under Constantine in its maturity; it was so in Luther's days, when it began to recover out of a long lethargy: and we must expect the like now, when our aces are set upon the last, and greatest calcination as ever the Church saw: as Reformation now in the ends of the world, when the chief mysteries of iniquity begin to be revealed, will most annoy Satan, so Satan will double his rage to annoy us accordingly. Hornius the Dutchman, a great friend of the Scots, and who in favour of the Scotch Presbytery, has written a bitter Tract in Latin, to defame us in Germany; after he has represented us as the most leprous, contaminated Nation in the world; yet confesses withal, that to the prodigious revoltings of some amongst us, there is an answerable improvement of others in burning zeal, and shining sanctity. In Religion beauty and deformity are not inconsistent: those times often which have been most glorious for divine dispensations of knowledge and grace, have been likewise most deplorable for persecutions and apostasies; and this has ever been a great stumbling block to carnal minds. If therefore the great lion range and roar, and ramp less in Scotland then in England, let not our Brethren boast of it, or think themselves the more safe. 2. Let not partiality blind the Scots; Strangers think Scotland has as great cause of humiliation as England, if not greater. Iliacos intra muros peceatur, & extra; It were more Christian-like in them, and less pharisaical, to aggravate their own sins, and extenuate other men's, then to extenuate their own sins, and aggravate other men's: and if they will remit nothing at all of their rigour against us, yet let them not stuff their long catalogues of Pseudodoxies with such wandering terms as familism, Erastianism, independentism, &c. which taken improperly, may reach the best Saints of God, and are seldom used properly by any. 'Tis a sad thing to offend God's little ones, 'tis a more sad thing to deprave many congregations of God's most precious ones. 3. Whatsoever judgement the Scots will take upon them to pass against the people in England, yet let them not always set upon the Magistrates, or Ministers account what they find reprovable in the people; let them not call us fedifragous' for not redressing things beyond us, and such as none can redress besides God; but this has been touched upon already. Let us therefore see what is peculiarly objected to the present governing power in England. The Magistrate in England is charged to be an enemy to Magistracy, a strange charge certainly. The very last answers we had this last Summer to our Declarations upon the march of our Army into Scotland, tell us from the Committee of Estates, and Commissioners of the Assembly, that our expedition into Scotland is to overturn Religion, and government civil and ecclesiastical, and to set up amongst them the same vast toleration of Religion, as we have done in England. Now if this were true, the sins of the People would become the sins of the Magistrate, but what credit can this obtain in the world. As for the overturning of civil power, that is answered already; we confess a change of the Form, but we deny any overturning of the thing called Government in England; and we hope our actions here, and in Ireland, and in other foreign parts, yea, & our War in Scotland also will quit and essoyn us of anarchy and ere long make the Scots swallow down their own untruths with open shame. As for the overturning ecclesiastical also, that may be as resolutely and justly denied as the other; for that lawful power which was in Bishops before, is still in being; and though we have not committed it so entirely unto Presbyteries and Assemblies, as the Scots would have us, to the dishonouring of our Common wealth; yet we have preserved it from abolition and utter dissolution. The truth is, in pursuance of our Covenant, we have consulted with a Synod of Divines about the best method of Discipline: and they are not able to satisfy us, that the word of God (the rule limited by the Covenant for our Reformation) does invest any convention of clergymen, who claim to be the only due Representants of the Church, and immediate vicegerents of Christ, with supremacy of independent power in all causes ecclesiastical. The Pope claims no more in the pale of the Italian Church; the Popish Cardinals and Bishops in Spain, France, &c. claim less; and the Protestant Prelates, whom we lately ejected for Usurpers, never claimed half so much. Now the word of God is so far from holding forth to us any such vast power in persons ecclesiastical; that its information is contrary, viz. That the Apostles and Disciples of our Saviour for many years after his death assumed no more Authority on earth than he assumed: that our Saviour plainly disclaimed all jurisdiction and dominion in this world: that by pract●se as well as precept, he quashed all rivality about power, or precedence amongst his own dearest followers. Besides, if any such spiritual supremacy were vested by divine right in any such Representants of the Church, and vicars of Christ: it were necessary that exact obedience in all things should bepayd them by all inferiors: and if such obedience were due, it would be consequently necessary, that they should be free from error, else the alleged supremacy would serve to no great purpose: and we know God and nature produce not great matters, but for purposes as great. This made the Romish Hierarchists rationally assert an infallible spirit, when they had once asserted an unlimitable power in the Church; for where the Scripture is clear, there needs no sovereign judge, every man is a sufficient Interpreter to himself: and where the Scripture is doubtful, the doubt is to be cleared by something else of the same indisputable authority, or else that defect is not supplied, no● can the same submission be demanded. Wherefore upon this account we say, that unless our supreme Church Lords (when they take us off from our own judgements, & cannot convince us by divine authority of clear Scripture) will not convince us of some other divine authority in themselves of the same alloy as Scripture is for the enforcing of our acquiescence: they deal worse with us then the Pope does with his Vassals. Moreover that power in the Church, which Eclipses, and perturbes civil power cannot be supposed to be of Christ's institution: but such is the power of the Clergy in Scotland many ways; Ergo, For first clashings may be about what is purely a civil case, and what is purely ecclesiastical, and all such clashings are exceeding dangerous. 2 Since there are very few cases that are not mixed, and as few mixed cases that are not unequally mixed: great questions may arise, to whether tribunal the case shall be first referred when it is equally mixed; and how the tribunals shall agree upon executing their decrees, where the case is unequally mixed, especially if the decrees be contrary, as they may be. In the year 1648. the Representative State of Scotland, Voted a war with England necessary: the Representative Kirk Voted the same unlawful; which contrary Votings might have confounded both, for if the war was necessary, the State might suffer much by the Churches seditious malediction: and if the war was unlawful, yet the people having no more warrant to obey the ecclesiastical then civil power in matters of that nature must needs be in a strange distraction, and that distraction at that time might have created ethquakes in the whole Nation. It should seem want of force in the party adhering to the Kirk preserved them at that time from a bloody engagement against the contrary party, which might have devoured, and swallowed up all. For as soon as Hamilton was defeated in England, the Kirk party got help from the English Army, and by force wrested the Government out of Lannericks' hands: and then again had not Lannericks' side been too weak, another flame might have been kindled, and perhaps have continued unquenched to this day. Now if the temporal sword be in part spiritual, and the cases of war be held so equally mixed in Scotland, that both the supreme independent counsels claim an equal judgement in them, and do sometimes judge contrarily: and there can be yet no certain rule given for the reconciling of those contrarieties: it is manifest, that these two coordinate powers may be destructive to the people: and it is as manifest that no destructive institution can derive itself from God. Much more might be said of the encroachments of the clergy upon the Laity in cases mixed, by pretending sometimes to an equality of interest in some cases, where the Laities ought to be greater: and pretending to all at other times, where the Laities interest ought to be equal: the Popish clergy scarce ever used more juggling and trumpery in these affairs, than the Presbyterian ministry now uses. In the stating of the present war in Scotland, the Kirkmen go hand in hand with the Committee of Estates, and in their Answers to our English Declarations they interpose in all points whatsoever, whether religious, politic, juridical, or military: and whether they be points of Law, or matters of fact. But if a Minister preach sedition in a Pulpit, this appertains not to the secular Magistrate; for though sedition be a secular business, and sedition may be preached by a Minister in a Pulpit, yet a Ministers Pulpit sedition is no matter for secular cognizance. Was the Laity ever worse bridled, when it was the Pope's ass? But of this no more, I will only touch briefly upon the end of all this spiritual coordination, and so shut up this point. The clergy of Scotland have spoken great, and magnificent things of the use of their spiritual sword: and the principal allegation for it was, that without such a sword in the hands of the Kirk secular Princes, and Grandees could not be awed, and restrained in many enterprises, and crimes very dangerous to the Church. But who can imagine they ever believed themselves herein? when in the process of all our late wars, that very Kirk itself which told the King He was guilty of a deluge of blood, and had made himself, and his throne, and his posterity obnoxious to God's high indignation thereby, yet never offered to strike with the weapon of excommunication all that while? if there was any correcting, restraining, healing, recovering virtue in that weapon, why did they uncharitably forbear to use it? why did they not pity those multitudes of Innocents that perished daily under his fury? why did they suffer the King himself to run on, and die in his persecutions? And if their pretended weapon had really no such virtue in it, why do they brandish it so ludicrously only to dazzle our weak eyes? The next Objection of the Scots is, that we have not only sequestered a great part of Christ's spiritual power, and detained it in Lay hands, but have also abused the same power; tolerating thereby, and countenancing all manner of heresies, which is directly contrary to our covenanted Reformation. Our Answer is, that we are neither intensively, nor extensively liable indeed to this objection. For, 1. all sects, and scandals are not permitted by us: nothing is more distant from truth, than this suggestion. All gross sins, and seducers are suppressed with as quick severity as ever: nay since the Norman Conquest there have not been so many sharp Laws made against Adultery, Swearing, blaspheming, Sabbath-breaking, and open profanation, as have been made within these few years. All the remission, and relaxation that our Parliament has indulged of late is only towards tender Consciences, where men comport themselves civilly, and inoffensively towards their neighbours, and attempt to innovate nothing in the Church for perturbing of Religion; and even in this also we havenot extended our indulgence so far as the united States of the Netherlands have, and divers other Protestant Princes in Germany. The truth is, we do not find such danger in Erastianism, independentism, Anabaptism, round-headism, &c. as our rigid Presbyterians suspect: and this would not dislike the Presbyterians themselves, if they were men willing to do to others, as they are willing others should do to them▪ for they themselves are sensible, that we can never desire more gentleness from them to us, than is now showed by us to them. 2ly, That toleration which we are accused of, is but a non persecution in its most intensive degree: for we use all Christian means, besides force, to reduce such as wander, and divide from us: and we are far from cherishing schisms and broils either in Church, or State. Our saviour's own parable allows us where weeds have gotten head, and are as numerous as the standing corn, rather to spare the weeds for the corns sake, then to endanger the corn for the weeds sake. Howsoever, it would be some charity in our traducers, if they would advisedly consider how the growth of our weeds came at first to be so rank amongst us: and thereupon join with us in humiliation for it, not exult over us in scorn, and derision. Upon the first defiance given by the King to the Parliament, half the clergy at least fell away from this cause: and before that rent could be sowed up, there happened a second distance betwixt us, and the Scots partly upon a royal, and partly an ecclesiastical account, and that distance drew on as great a revolt of the clergy as the former. And how can any man imagine, but that strange disorders must needs follow and abound in a Church so deserted? When the dressers of the Vineyard do not only quit their charge, but throw down the mounds, how can it be expected but that boars and Foxes should break in? And indeed the Parliament is still ill beset, for either they must deny preaching to the people, to three parts of four, or else they must yield the Pulpits to their seditious Enemies: and to such as shall seek to wound the Magistrate through the souls of the people. This being the Parliaments hard case, it may better become the Scots, to whom may be attributed a great part of these disturbances, to afford some pity, and help, then to add misery to our misery. This is sufficient to plead for our indulgence, let us only advise the Presbyterians not to take unjust offence thereat, or to stumble into the contrary extreme. 'tis woeful to see how rigidly the Ministers carry themselves towards the poor people in many places, and what an absolute discretionarie power they challenge in many places over the ordinances of God. There are many Parishes in England where the people have not been admitted to the Sacrament of the Lord's Supper, nor some Infants to the Sacrament of baptism for a long time. This deserves much bewailing; for certainly God gave these rich Legacies to the diffusive body of his Church, for the spiritual comfort of the meanest servants of his, and not to that which calls itself his representative body, to be a trade, and monopoly for their advantage in this world. But I have done: if the world now find cause to condemn us of dealing treacherously with the Covenant, and our fellow-Covenanters, in that we have not submitted to the Scots, and for their sakes disclaimed our own judgements and interests to gratify the King, and the Presbyterian clergy, with our perpetual servility: let us fall under their condemnation. Or if the world can justify the Scots as pursuers of that union, freedom, and fidelity which was aimed at in the Covenant, when they made themselves our Lords to give us Laws in our own Dominions, and when they did not only raise sedition here in our own bowels, but came in with an Army of 20000 men to devour us: let them stand upright here, and enjoy their wished Triumph. Our final assurance, and comfort is, there sits a Judge in heaven, who can neither deceive, nor be deceived, a Judge that hears all appeals, made above, and does right at last to all that groan under oppression, and injustice below. Of the Scoch war. We have seen how the Covenants waxen nose has been turned and moulded into many forms: we see now cause to suspect, that 'twas made so large at first, and compacted of such materials, that like the Grecian wooden Horse, it might tear our walls the wider upon its entrance, and discharge the more discords, and dissensions amongst us after its entrance was procured. We see it was intended by the honest party in England for cement to unite the Nations in a more arct, faithful confederation, than ever our Ancestors knew: but the couching of it was obscure, and left liable to so many false glosses, that it soon became {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. Our brotherly offices of Assistance soon degenerated into harsh expostulations: harsh expostulations begat secret feuds, and secret feuds heightened themselves into open hostilities. The question is only, when open war commenced betwixt these Nations, Whether the Scots first invaded us by their Duke Hamilton, above two years since, or whether the English first invaded Scotland this last summer under the command of the Lord Gen. Cromwell. For a year or two after reception of the Covenant in England, a good correspondence was kept betwixt us: the Scotch Commissioners sat in our Committee of Lords and Commons at Darby house, whereby they were admitted into the knowledge of our highest and secretest affairs, and had opportunity to frame parties amongst us for promoting of their own Interests. Out of these kindnesses sprung our first unkindnesses, for the more honour was given to the Scots, the more still they thought was due, and the more they thought was due, the worse use they made of all that was or could be given them. So all jealousies could not long be suppressed, for in time some of our Lords and Commons saw cause to conceal some things concerning this State from them, and this was extremely ill taken, and indeed no otherwise than if it had been a real piece of injustice to the Kingdom of Scotland; but moderation as yet kept both within reasonable bounds. Mr. A. Henderson was then living, and conversant in those businesses, and surely he was a man of an apostolical spirit, and though a great lover of his country, yet He knowingly durst not interpose in an ill action, for his country's advantage: and I am persuaded He did very good offices and kept us from further jars during his life: and if He had lived longer, would have prevented much of what has happened since,▪ Besides, Presbytery the Scotch Clergies darling seemed plausible at first to the English, and soon grew endeared to our Synod, and for a good space it got such footing in England, that the Scots had no cause of dissatisfaction in that behalf. The King also the other darling of the Scotch Nation, till about the latter end of Summer 1645. prospered so that He more slighted the Scots than He did us, and so about him, there was no great cause of animosities: and if any did appear, they were more easily to be digested; But when the English Army under the Lord Gen. Fairfax had in one Summer defeated, and utterly broken two very great Armies of the Kings, and taken in divers other considerable Cities, and strengths without any help at all from the Scots, many emulous considerations began to breed strange alienations in the hearts of our brethren. The easy warfare of the Scots all this while had afforded them, besides good store of pay and plunder, an absolute signiory over the Northern Counties (our Northern men tell us woeful stories till this day) and now they saw that rich service, or rather absolute dominion was likely to come to an end, they thought sit to strengthen themselves in Berwick and Newcastle, and they got Carlisle also by very foul play in spite of our Commissioners, as if they were resolved and certain to have a dispute with us. Likewise in 1646. when Oxford grew straightened, and unsafe to the King, and when it was visible also that Presbytery after so many years experience, did not altogether relish with the English, the Scots presently resolved (as was related before) to expound the Covenant in favour of the King, at least for settling and securing their arrears, and making a commodious retreat out of England. Accordingly that Article which provided for the King's interest, served their interest well enough, and war so well commented upon by them, that it held us at a bay, till their contract was perfected, and then after a long dispute very chargeable to our Nation at the instance of an Army, and 200000 li. they delivered up Newcastle, Barwick and Carlisle, and took time to study the King's Article a little longer. In the year 1647. there was no notable business for the soldier, England took a little breath, having nothing to do but to squench the few remainders of war, and Scotland kept at home to share the late gotten spoils of England; yet this year there past some new cajoleries betwixt the Scots and the King, and some contests betwixt the Scots, and us about the King: and no doubt, the next years action was now in forging, and all preparatory hammers were on working. And now enters the memorable year of 1648. a year never to be forgotten by the English, in regard of the unparalleled dangers that then overspread it, and the unspeakable mercies of God that then protected it. All the enemies of this poor commonwealth were now in a solemn conjuration against it. In Ireland all was held past recovery: Ormond the Parliaments revolted servitor, was complying with the bloody Irish, and betraying his own Religion into the bargain to get some of their forces into England: in Wales, in Kent, in Essex, in Surrey, great bodies of men rose up, some upon the old royal account, some upon a new, whilst many also of the Navy fell away from the Parliament to make the case the more desperate. No less than 40000 English did their endeavours this Summer to make way for Hamilton, from whom (by good intelligence doubtless) they expected 20000 Scots. Great was the goodness of God that all these confederates could not be in a readiness at one and the same time, and that all the foreign Princes round about us which favoured them, could not be assistant to them that year: God had so ordained it, that the Welsh should be reduced before the Scots entered, or else our condition had been altogether hopeless in the eye of reason. But to the Scoch business. The Solemn League, and Covenant was now brought under a new debate in the Parliament of Scotland: and the main matter in question was, how they could be absolved of that holy stipulation, if they did not employ all their power to reform Religion, and to restore the King in England: and for the fuller agitation, and ventilation of this matter, several grave harangues by persons affected severally were dressed, and we may well imagine to what effect. Agent: of the Kirks party seeing the Parliament filled with so great a party of the Hamiltonians is supposed to begin. My Lords and Gentlemen: The Covenant presses us all to endeavour the reformation of Religion, and the restauration of the King in England by a brotherly way of Assistance in our several places, and callings: and so, as that these ends of the Covenant, may stand, and agree with all the rest. But withal, it behooves us to use a great deal of caution▪ and circumspection in a matter of so high importance, wherein the honour of God, and good of the Nations is so religiously involved, not to be mistaken either in the mark we all shoot at, or in the arrows we are to shoot. As for the point of Religion I am persuaded, it wants reformation in England, and I believe I dissent not therein from any here: but this scruple sticks by me: I doubt whether I am so properly a Judge in England of Religion, as I am in Scotland, and if I am not; then I fear I step out of my place, and calling, whilst I take upon me there to reform by force, which sure the Covenant requires not, but excludes in express terms. The account of my scruples I give thus: first, if we are now judges of matters ecclesiastical in England. we are so constituted by the Covenant, for before the Covenant we pretended to no such thing and in the Covenan● itself, I find no such constituting words. 2ly. if the Covenant creates us Judges in cases Eccles: it creates us the same in all other things civil, military, and judicial: for all the interests of the King, and Subjects in Parliament: and out of Parliament: are enclosed within the verge of the Covenant: and yet no man here supposes himself bound by any words of the Covenant to look after the whole administration of justice, and the whole managery of the government in England or else to stand answerable for all abuses whatsoever, that are not there redressed. 3ly. If the Covenant give us a power so large in England, it must by the same reason give the Eng: the same in Scotland: for the bonds are equal, and reciprocal: and so here are discords raised betwixt us, contrary to the principal drift of the Covenant, such as never can be pacified: the sword itself can never give any decision in the business: victory may take away equality betwixt. 2. brethren: but mere victory can never take away the true right of equality. 4ly. The Covenant enjoins us precisely to assist one another in reforming, now the word assistance intimates a concurrence with the party covenanting against some joint opposer, it cannot be forced to intimate any violence against the party covenanting. 5ly, Not only the tenor of the whole Covenant, but also the particular clear purport of the fifth Article in the Covenant mainly intends to tie a firmer, closer knot of union, and conjunction betwixt the Nations, than ever was before: and therefore to rescind a knot so manifest upon expositions, and glosses of things not manifest seems to me to be a wilful violation of the Covenant. As to the other point about the King's enlargement: much may be resumed of what I said before against our judging in England: but I forbear that: the scruples that here suggest themselves to me are these. 1. If the King's liberty may not be restrained, than neither any other of his royal prerogatives, honours, and powers: and yet we ourselves hold all these here under sequestration, and for divers years of late, we have entered upon, and administered the whole royal● Office ourselves: shall we then maintain, that the K: has a right to that in England, to which He has no right in Scotland. 2ly, If the K: has a right now to his Liberty being amongst the English: it will follow upon the same reason that He had a right to the same, two years since when he was in our Quarters at New●rk, and Newcastle: yet all men will s●●: amongst us He had no command at all, but was under such a guard, as had a strict charge of his person, and were as rigorously answerable for the same, as any Jaolers whatsoever. Besides, all men know He was by us delivered up to the English against his will: and that upon contract▪ and valuable considerations: and that we could not have justified, if we had thought he was at full liberty, and could not be thereof abridged. Thirdly. A speciall● Article in our Covenant obliges us to bring all enemies of the Covenant to condign punishment: and we do punish daily capitally such of the King's adherents as have offended against us by his Commissions, and shall we think that death is due to the Actor, and instrument, when imprisonment is not due to the Author and principal? Fourthly. If we dispute not about the King's imprisonment, but as it is such; that is, as he is imprisoned by the soldiery in England without consent of the Parliament there: then do we take upon us to vindicate the consent of that Parliament, without consent of that Parliament: And since we hear not that there is any change of the King's restraint, save only of the persons under whom he is restrained, nor do the Parliament in England think fit to use force, nor to desire our assistance therein, I doubt if we should obtrude our force therein without any call, we should offend against another proviso in the Covenant, by entrenching upon the Parliaments privilege there, and by invading the Subjects property likewise, which the charge of this war must necessarily draw after it. These things deserve a sober deliberation before we resolve upon the justice of this war: but then the justice being cleared, yet I conceive we are bound to all mankind, much more Christians and brethren in Covenant, to give what evidence we can of the justice of our cause, that if possible they may be convinced, and do right before blood be shed. And since the Parliament of England, upon reports of our preparations has dispatched Commissioners hither to treat about all points in difference, and we specially by Treaty were held to send the like to them, and after all to give three months previous warning, before we could have recourse to the Sword: I hope no man here will offer any thing against a Treaty with the English Commissioners, that satisfaction before blood may be either given, or taken: and if not, yet the due space of warning may be observed; if we should fail herein, I fear we should proclaim ourselves to the world abusive simulatory pretenders of the Covenant, only to profane the high God's Name to whom we have all lifted up our false hands. Next, since the English in observance of their faith to us, engaged freely for our better assurance in them, have left their frontier Towns Berwick and Carlisle ungarrisoned, notwithstanding the notice they have of our present posture: I hope we shall scorn to make their plain dealing with us a ●nare to themselves; and think to chastise their fidelity with our infidelity, at such a time as this is, when we wage war with holy thoughts, and only for religious purposes. And lastly, since we are to engage out of pure conscience to the ends of the Covenant, one whereof is to bring all enemies of the same Covenant to a legal trial, I hope we shall not receive Langdale, and the rest of the English Fugitives, whose Swords have drawn much blood of Covenanters to fight under our Covenanters banners. This will convince us of insincerity before men, this will provoke the eyes of God's jealousy against us in the day of battle; God must be served justly, as well as in just actions, and when blood is the mean, and holiness the end, God uses to be more jealous, and expects more exactness then ordina●ily: Oh let not any occasion be given by a Parliament of Scotland to lay stumbling blocks before others; let not the world say we wrest the Covenant to what sense we please, and use it as the Papist do the word of God: the case is of grand consequence, it may concern us and our posterity for ever, I pray let it be throughly scanned and sifted. Hereunto a Gentleman of Hamiltons party may be supposed to answer: My Lords and Gentlemen, YOu have heard it granted, that Religion in England wants Reformation, and that the King ought to be set free from his forced durance under the soldier: you have heard likewise granted, that our Solemn League and Covenant requires these things to be done: but divers scruples have been cast in withal, about the manner of doing these things, in regard that a just is required, as well as a justum. The main thing is, that we are not qualified by the Covenant to do these honourable things in England: Alas, if the Covenant does not add any new qualification to us to serve Religion, and our King: I hope no man will suspect that it takes away any such qualification from us as we had before: And I hope there's no man here but thinks before any Covenant taken he had a warrant and capacity good enough to do honourable service to his Religion, and his native Prince: Let me speak plainly, and bluntly, I doubt these scruples do not arise against us, as we are Scotch men, and so have no power of judging in England, but rather as we are of such a party in Scotland, that the Kirk dares not confide in us: & this is lamentable halting before God. Let us not therefore be driven into any unmanly irresolution by logical niciti●s, and School-puntilioes: let us believe that such just ends as we aim at inservingour God and Prince have just avenues belonging to them, and that God has not hedged in, or insconsed goodness from the approaches of men, as he did once the Tree of Life. My Lord, and Gentlemen: shall pure reformed Religion want an Advocate in this presence? no: it were labour lost here to recommend the excellencies of her; you all are confident you cannot, but be certain that God hath rather sent a cherubin to invite and wast you to her assistance in England, then to affright you and drive you from her embraces with a flaming Sword. Then, as for the King, you have a greater interest in him then the English have, and he ought to have a greater interest in you, than he has in the English: Let me tell you if you should prove oblivious of his favours, he might upraid divers of you with your Fields and Vineyards, as Saul did once his Benjamites. Do we not all know, that his graces towards us has made him the less acceptable to the English? and does not the whole world tax us of our ill requital at Newcastle? I speak of that in your ears: what can be said then, either we must requite him better, and acquit ourselves better now, or all generations to come will call us ungrateful and unjust; and for my part I cannot ever construe the Covenant as that it intends to render us ungrateful or unjust. 'tis true the enterprise we go upon must cost blood, and fall heavy upon some of our fellow Covenanters in England: it were else impossible almost, it should be great and honourable: let this be our comfort: the work is great, and honourable, and being so it must be acceptable to God: and that which God accepts cannot but be fea●able: for Qui dat finem, dat media▪ Let the justice of this war fix our resolutions upon the pursuance of it, and when we are upon its pursuance, let us pursue it wisely, and strenuously as becomes soldiers: let no scruples defraud us of the opportunities and advantages that attendit, for such in war are irrecoverable & precious: to be brief, let us not be held up with Treaties by the English Commissioners, let us not wave Langdale, nor leave Berwick and Carlisle to the Enemy: when we are in peace let the laws of peace order us when we are in war, let the Maxims of war sway &c. the rather for that advantage lost in peace may be regained, but an error committed in war can never be redeemed. The next Gentleman was of a different opinion from either of these, and you may suppose his Oratory was as followeth. My Lords and Gentlemen. YOu have heard how much may be said for a present war with England, and how much may be said against it: you have heard in what extremes the arguments both of a mere soldier, and a mere scholar run, and now having heard both, and compared both, you may the better extract out of both that which is truly counsellable at this present, and that doubtless, teaches warily to decline both extremes: The Gentleman that spoke last maintained well the justice and necessity of the work that is to be done: such a service to God and the King cannot but be just and necessary; and our Covenant cannot obstruct any thing that is of itself just and necessary; therefore to oppose our Covenant against this war, is to undervalue our Covenant, and to entangle ourselves in such niceties as are more fit for the Schools, than this Senate. On the other side the Gentleman that spoke first interposed some necessary advertisements about the manner of our prosecuting this high undertaking, not fit to be neglected, for doubtless it concerns God's honour, the safety of the King, and the perpetual peace and safety of these Nations, that this affair be wisely managed, as well as it is religiously intended. We all know that the taking of some advantages in war, if they be at too far a distance with Religion, may prove our disadvantages: and so the parting with some opportunities in some cases, may be a gain of better to us; haste has overthrown some undertakings, as well as delay others. Wherefore I desire leave to counterpoise with a little moderation, that which hath been pressed by both the Gentlemen that spoke before me. And First 'tis my humble motion, that the Kirk here may have all possible satisfaction given them in the forming, and heading of this Army, and in the conduct, and steering of the great design; forasmuch as without this condescension we cannot expect their concurrence, and without their concurrence, we cannot expect that readiness, or confidence in our Friends at home, nor that stupidity & consternation in our enemies abroad, as is to be desired. Secondly, That if we admit not the English Commissioners to treat, and then allow three months' warning after the end of that Treaty: yet we may instantly dispatch away an express to the Parliament of England with particular demands, and a clear denunciation of war within a month, if those particulars be not instantly agreed to. Thirdly, That some reasonable space before we march a Declaration may be emitted to satisfy our Friends in England with our sincere intentions towards them: and that the business of the kirk being settled, and the King reinthroned, we have no intention to entrench upon the privileges of the Parliament there, or to break that bond of confederation and union that was intended to be confirmed by the Covenant. Fourthly, That Langdale may be countenanced at a distance, and with much reservation, and that no other use may be openly made of Him, then of a forlorn Hope to seize the English frontier Garrisons for our use, and to engage upon other the like hazardous services. How well these things are calculated for the Meridian of Edinburgh, I leave every man to guess freely: but this is certain, there were few in the Scotch Parliament, who gave their judgements the first way: many went the second way: and all went the third way, except only in complying with the kirk: and if there be any credit to be given to Hamilton, who affirmed it religiously at the time of his arraignment in England, the kirks party refused to comply with Him, and his party, more out of emulations, and particular State-animosities, than out of any dislike of the cause, or condemnation of the undertaking. And time has since made this more manifest, for even the Commissioners of the kirk in their Declarations since, and by their engaging against us with their young declared King, have even by the Covenant, and the same constructions of it, owned every part of the quarrel against us, which they condemned in Hamilton, setting only aside his entering upon us without three months previous warning, well: The Scotch Parliament having sufficiently commissioned Hamilton for his March into England, rose without any audience, or intercourse granted to our Commissioners. Hamilton being so commissioned, makes present use of Langdale, and his Train, speeds away with 20000 men for England, seizes Barwick and Carlisle, commits infinite barbarous cruelties, and destructions in the four Northern Counties, before previous warning given according to our Treaties, but within some few weeks' fights with the lieutenant-general Cromwell in Lancashire, is taken prisoner, se●s his Army defeated, and the remainders of it chased back into Scotland. Out of this matter of fact so stated, a dispute now arises, whether this hostile action of Hamilton, that was then chargeable upon the Parliament of Scotland, be still justly to be answered and accounted for to the State of England, by the present State of Scotland. The Scots deny it upon these grounds. For their first evasion, they say, the good party that now governs is not the same, as the party was, that then governed. Whereby they would have us understand, that the State of Scotland is changed since, 1648. and does not remain the same as it was at that time, and therefore ought not to be responsal for what was then done. After the Committee of Estates, and the Kirk-Commissioners have condemned Hamiltons invasion without antecedent warning, and his other miscarriages in taking Barwick and Carlisle, &c. and confessed that nothing can be offered in excuse thereof: they yet add, that never any people in the world in a time of defection did more evidence their freedom from guilt; then They (they mean the party now governing) did. Here is a defection confessed in a Parliament lawfully chosen, and in the major part of the people adhaering to that Parliament: but there was a remnant of good people which at that time evidenced their freedom from that guilt, and that remnant since by force, and assistance of the English Army, has gotten power into their hands, and therefore the Magistrate that is now, is not guilty of that defection, nor consequently the State of Scotland liable to make any reparation. This evasion must be thus stopped up. 1. In all States where there is a Representative, the public act of that Representative, or of its major part, binds all, and every person. And though the next Representative may repeal Laws formerly made, and recede at pleasure from what its predecessors acted erroneously, or temporarily: and these new repeals, and recessions shall be binding to all persons therein represented: yet even these alterations also must be without fraud, Salv● semper jure Tertij: they must be without any prejudice to ●orrein States, and persons there not represented. Nay, if the State of England pass an Interest in Land to a Subject of England upon a good consideration and contract, that act shall be binding perpetually, and may not under favour be avoided by a New Representative, because that avoidance will appear fraudulent in the State: and because such avoidance is to the damage of one that is as it were a third person, and contracts with the State upon equal terms; and it seems, that a special consent is necessary in such a case of his disinherison, and that his general consent given by his representatives ought not to divest him. And if it be here objected, that the constitution of the State of Scotland is different from other States, inasmuch, as it consists of two Representatives, one civil and the other ecclesiastical; and in this engagement of Hamilton the ecclesiastical Representative did not act, nor concur, but dissent, and protest against it, and so made the civil act the less authoritative. We answer; First, the ecclesiastical Representative of Scotland has no power but in cases merely ecclesiastical, such as this was in 1648. was not. Secondly, if the Scots will tell us, that Hamiltons action, and case was in ordine ad spiritualia: we must not suffer such collusion to be turned to our prejudice. The State of Scotland must not think it sufficient to struck us in their spiritual capacity, whilst they strike us in their temporal capacity: the duplicity of their Powers must not justify, or excuse duplicity in their dealings: when we sustain public injuries, whether it be from a jurisdiction Parliamentary, or Synodical, the whole State of Scotland must be answerable for satisfaction. Thirdly, if the engagement of Hamilton was the less valid in Law (if we did grant this, as we do not) because all that feared the Lord in the Land did petition, and pray against it, and expose themselves to some persecution for not complying with it, yet this does not render the same engagement the less mischievous to us. There was not one drop of English blood the less shed then, nor is there one drop the less to be accounted for now. Fourthly, we are not without some strong presumptions, that the small number of the religious party in Scotland, which were enemies to the engagement then, were not so much enemies to it as it was mischievous to us, or unjust in itself, as because it promoted Hamiltons●action too high, and had an ill aspect upon their own particular interest in Scotland. Else, what makes them so zealous against our receiving of right now, which pretend they were so zealous against our receiving of wrong then? It seems strange to us, that the English which had never a Friend in Scotland two years since to ward one blow from their throats, or to do any real act of resistance to Hamilton, should now find never an Enemy in Scotland, obnoxious to their challenge of satisfaction: and that the same men should be the most forward to debar us of reparation now, which were then most forward to protest against our sufferings. Secondly, where two Representatives have been legally chosen, if it be not honourable for the later to annul the former's act in prejudice of a third person that has right: much less honourable is it for a Representative brought in by the sword to derogate from the acts of a former Representative, that had a fair, and free election from the people. Wherefore, let the present power in Scotland apply this to themselves: and the rather for that they complain of forcible alterations amongst us, only upon pretended discommodities to ourselves, whilst they themselves make use of forcible alterations amongst themselves, to the defrauding of their neighbours. Thirdly, Admit the Parliament, by which Hamilton was commissioned, was an unjust Parliament; admit it was no Parliament at all; and admit that Hamilton with a less party, and without any Commission at all had broke in upon us in a hostile manner: yet even this would not leave the English altogether remediless; for in this case upon a just demand of satisfaction made by the English, the Scots must disown the act, and see the outrage legally expiated upon the actors; or else they own it themselves, and so become as obnoxious as the actors. That which was the sin of one town in Benjamin at first, became the sin of the whole Tribe of Benjamin afterwards; and doubtless, that which was the sin of one Tribe in Israel at first, had become the sin of all Israel at last, if justice had not been lawfully executed; Let the Scots look upon this with sad eyes, for that blood of the English shed by Hamilton, which is now the guilt of a party only in Scotland, upon the denial of just ice, may be made the guilt of all Scotland. The second evasion of the Scots is this; They say, if they were persons challengeable of satisfaction, yet they that sit now in the Parliament of England, are not persons, that can duly challenge, or require satisfaction: It should seem as Scotland before was not to be found in Scotland; so England is now not to be found in England: so hard a matter it is to get right from them that can thus easily transform, and deform whole national bodies. The meaning is, Government in England has been of late changed; two of the Estates in Parliament are removed by force, and the third Estate usurps, what was due to all: wherefore as they cannot treat with us about satisfaction, but they must acknowledge us a lawful authority; so conscience forbids them to acknowledge our authority lawful. To this we answer. 1. The change of rule in a Nation, does not change the Nation; forasmuch as the manner of rule is changeable, and accidental, and so does not give being, or support the essence of a State. If we in England being a Monarchy owe three Millions to the Hollander, the change of Monarchy in England will not exempt us from, our obligation: and if we in England, being a Democracy, have three Millions due from the Hollander, our return to Monarchy will not denude us of our remedy. The devastations and hostilities of Hamilton were suffered by the English Nation, and the Parliament of England demands justice, and restitution for the same in behalf of the English Nation: now 'tis not agreeable to justice, or reason, that a slight exception taken against the substitute, should disable the Principal, or any incapacity of the demandant redound to the prejudice of him which is the true Interessent. Secondly, If the usurpation of the Parliament of England shall bar the State of England from its due course of justice, yet how does it appear to the Scots, that the power of our Parliament is an usurped power? If God or Man has given them any warrant to judge of our actions, and affairs in England, let them show it: for without some such warrant they are but our equals: and one equal has no power of judging another. If they plead any undeniable principle in nature which condemns all alteration of Government as unlawful: and all extrusion of governors as usurpation, and of this maxim, they say, all men are equally Judges; then how will they justify their extrusion of Lannerick, and their new moulding of their Committee of Estates after the defeature of Hamilton, which without arms, and our assistance they could not have compassed? Is that a natural, indispensable principle in England, which is not so in Scotland? Away with such partial shifts; let the Scots show us that Nation under Heaven that has not several times been driven to mutations of Governments, and governors, and been at last justified therein by the plea of necessity, and common safety: and we shall confess their Lordly power over us. Thirdly, If the Scots be our Lords, and will give judgement against us in this case, yet they must know, that we are now upon our appeal before almighty God, and have accordingly taken Armes into our hands for the prosecution of that appeal. And does not one of the primary laws of war teach them what a hazard it is to deny right to him that bears his ●aked sword in his hand? Arma Tenenti— Omnia dat qui justa negat. Will the Scots lay an incapacity of Treating upon us first, and then of fighting afterwards. The difference now betwixt us is, whether we have justly entered Scotland, or no, to seek redress of many injuries, and depredations by trial of battle, which was denied us by debate in a friendly intercourse: and do the Scots think now to argue us out of our arms? do they think, that the same condemnations of our usurped power, by which they insulted over us, when we sought a Treaty, will be seasonable now, when the cause is preferred to a higher Court? This were to cut us off from all remedy whatsoever; this were to detrude us below the miserablest of men; this is beyond all ordinary strains of Tyranny: There is no Client, nor Subject, nor slave whatsoever, but by way of his last appeal, may repel force with force, when his case is beyond all other decision: and this is held no more than a making an humble address to Heaven, or laying the cause before the Lord of Hosts his footstool: Will the Scots than which have droven us their equals to this, last resort, prejudge and foreclude us in this also, and so make us worse them the worst of inferiors? Certainly, if we may not treat before we confess ourselves usurpers, we may fight till God declares us to be so; or that our enemies have usuped over us. The third advantage or exception of the Scots against our demands of satisfaction▪ is taken from the space of time that interlapsed betwixt the overthrow of Hamilton, and our solemn denouncing against them for that hostility: as also from some reciprocal kindnesses, and testimonies of accord and pacification, which passed betwixt the Nations in the mean while. Of both these I shall now give this faithful account. The victory of of L: G: Cromwell against the Scots was about the latter end of Summer, 1648: and our Forces following that chase stayed in Scotland till about midwinter following. During the stay of our Army in Scotland a good understanding was betwixt us, and the Kirk party there, for we had both the same ends against the Hamiltonians, and so whilst we extorted the sword out of Lannericks' hands, and put it into Arguiles, we did our own business and the Kirks too, and the Kirks more immediately than our own. Howbeit a Treaty was now begun in the Isle of Wight with the King, where the Scoch Commissioners appeared great sticklers for the King to our Nations great disservice, and this gave us some glimpse, that even in the Kirk party, restored so lately to power by our means, all was not so sound, and sincere, as it ought to be. The Treaty not succeeding about the last of Januar: the King was brought to the block: and then the insolences of the Scoch Commissioners, and their haughty intrusions into the managery of our English State affairs, and their despicable subjecting of our Parliament to their overruling wills, grew so intolerable, that upon the 17. of Febr: the Parliament declared publicly against them. This begat another Paper from the Commissioners dated the 24. following more imperious, and controlling then formerly, and this was presently after voted a design in the contrivers of it to raise sedition, that so under specious pretences they might gain advantage to second their late perfidious invasion. The 6. of March following, the State of Scotland wrote a Letter to us (as they now inform us) to avow their Commissioners last Paper, and withal disallowing our construction of it, for that they judged it no encroachment upon our Government, nor any endeavour to raise sedition. They likewise signified in the same, that if any prevalent party in either Kingdom had, or might break the bonds of Union, yet those sacred ties ought not to be laid aside or canceled, but preserved for the benefit of such as were innocent in both Nations. The Scoch Commissioners to whom this Letter was sent for delivery of it were now upon their return for Scotland, and so the same never came to our hands, though the Scots untruly tax us of suppressing it. But why should they suspect any design in us of suppressing this Letter? The Letter, if we had received it, would not have healed our grievances, it would rather have made the wounds wider: for the Scots Commissioners had charged us of Treason, perjury, usurpation, &c. for doing those things within our own government, which were required at our hands by justice, and Reason of State: now their principals in Scotland tell us that this charge is true: but being true: it molests not, it shakes not, it justles not us out of any part of our power, nor stirs the people at all against us. What is this but to tell us; that they are more truly Judges in England of Treason, perjury, usurpation, &c. than we? that 'twas not injurious in them to condemn us, nor seditious in the people to rise up against us in observance of their commands? Sometimes they pretend they aim at nothing beyond a simple protesting against us, and that a freedom of Protesting is due to all men: but this is merely to delude, and infect the people the more: for 'tis evident to all men, that such Protestations as their Papers have exhibited, have ever been freighted with the worst of calumnies, the severest of sentences, and have been received by the people, as warlike defiances. In this case therefore when so many insurrections, and broils have been actually bred against us in our own bowels, and so dangerously seconded by foreign Forces, we call in all men to be Judges betwixt us, whether we may not more justly cast out Protestations when they do but palliate seditious conspiracies, then to submit to seditious conspiracies, because they cover themselves with the names of Protestations. This Letter miscarrying, and our Parliament having waited awhile for some other return by some express, or other, in May following, about nine months after the Scoch Rout, a complanatory Letter was sent from hence about divers grievances in general, and satisfaction was therein desired by Treaty in a peaceable way. An Answer hereunto came in June following, recomplaining that the Scots justly found themselves aggrieved at the late proceedings in England, in reference to Religion, taking away the King's life, and change of fundamental Government, which they had protested against. That in case the English would disclaim their late proceedings against Covenant and Treaties, they were contented to authorise Commissioners for a Treaty. Otherwise they were resolved to keep themselves free from all compliance with malignant's on the one hand, and the Enemies of Kingly Government, on the other. That in regard of the Covenant, the Treaties, and many Declarations of both Kingdoms, they could not acknowledge that to be a Parliament, from whom the last Proposition came to them about a treaty to be appointed. Here was a flat denial of any satisfaction, by declining all means of treating about the same: Here was a reason given of that denial, as full of enmity and hostility as could be: instead of making any compensation due to the State of England for the bloodshed, and rapine of Hamilton, here was a strange coacervation and accumulation of new ●landers, and defamations upon the Parliament of England. Letters from the Parliament are now as it were interdicted, no such subscription is to be admitted, hereupon in July following, our Parliament issued forth a Declaration for the better stating of these matters▪ the endeavour of that Declaration was to remove yet all national misunderstanding i● possible: and to demonstrate that the English yet had not laid aside all thoughts of peace: but concluding that if still they were diverted out of the ways of peace unwillingly, the fault was not theirs. This Declaration was made as public, as ever any was in England, and we have thousands here of the Scotch Nation disaffected enough to us▪ and ten thousands of English Presbyterians besides more imbittered than the Scotch, and all these can attestate the evulgation of this Declaration, yet the Scots call it a Dormant Declaration, and most disingenuously would infuse it into the people that they had never, nor could have any notice of it. A Letter of theirs to us in the hands of a single Messenger could not be intercepted: but a Manifest of ours Printed, and entitled to the whole world must needs miscarry, and that by our collusion. Some reply was expected by us to the matter of this Declaration, and some months past away hanging our expectation: but none came: the first news we heard was that about the middle of March following there was a Treaty agreed on to be at Bredah betwixt the Scots, and their young declared King: and that the principal Subject of that Treaty, was about the pretensions of the young King to England, and the quarrels of the Scots against England. This to us, that had so little hopes of reconcilement before, was a sufficient alarm, and upon this our L: general Cromwell was sent for out of Ireland, all warlike preparations were made ready, and our Army this last Summer, (as soon as we got notice of the agreement made at Bredah, and how far it concerned the life of this commonwealth) made its entrance into Scotland. This relation gives the true procedure of all memorable matters betwixt Summer 1648. and Summer 1650. with the reasons of the slow motions of the English: and amongst them all whether there was any composure made betwixt the Nations for Hamiltons●aedifradous irruption, either by satisfaction given, on the one side, and taken, or confessed by the other, 'tis left to judgement. But the Scots allege still, that immediately after the breaking of Hamilton in England, and the disarming of his brother in Scotland, there were given divers clear demonstrations of amity, and good accord betwixt the Nations: Letters will yet testify, that the godly party in Scotland satisfied the English in their innocency, and that the English did accept of the same, as good satisfaction. For example: in Septemb: and Octob: the L: general Cromwell wrote in behalf of the Kirk patty, by Him then seated at the stern, and his letters did recommend them to the Parliament as men careful of the unity of the Nations, and the interest of England. On the other side the Scots remitted hither an honourable Testimony of the fair comportment of our soldiery there, together with a thankful acknowledgement of the benefit, and advantage which our seasonable assistance had afforded them. Likewise from the Parliament here it was written back, that the religious, and well affected people in Scotland were excused from those impious, and unwarrantable actions, and that there was no willingness in the English to impute those evils to the Nation in general. As for the L: Generals Letters, questionless they contained his true, plain, meaning: He did believe at that time, that the interest of England, and the unity of the Nations was valued by the Kirk, and the Arguilians in Scotland: but what discharge was this to the rest of the Nation? nay what discharge is this to any of that Nation? His Commission extended not to compound for the damages sustained by us: nor did He ever treat about the same: nor did He at last find his loving recommendations justly answered by that Godly parties actions. Out of this therefore there follows nothing but that our L: general was more charitable, than the Scots were grateful. As for the Scotch Letters, they serve well to show the single dealing of our L: general towards them, and their double dealing towards Him: but they serve not at all to show any act of oblivion, or any other pacificatory conclusion that was consented to by both Nations. Therefore the good that they then bore witness to in our soldiery, we hold it to be just, and according to merit: but when they publish retracting contradicting Papers after the intermission of two years, and therein complain (as they did this last Summer) tha● the L: general came in uninvited, that the manner of his entrance was not guided by their Instructions, and that the proceedings of his Army were very unsatisfying in many other things: this is an argument of their profound dissimulation. As for the Parliaments Letters: although the Parliament at that time was too full of Kirkmen, yet if they had any full words of release in them, we should no● prolong our contestation hereupon: but the utmost that can be extracted out of them, is a charitable exemption of some that had the testimony of wishing well to the unity of the Nations, and interest of England from the pen of the L: general. The Parliament was unwilling, that the Scotch Nation in general should be charged with the guilt, and blood of the Hamiltonians, and therefore it did acquit, and hold exonerated thereof all the religious, and well-affected people of Scotland. Without question the religious, and well-affected people here excused, are understood to be no other than such as had been adverse to Hamiltons exposition of the Covenant upon sincere grounds, and not for any factious, or particular respects. But how few such there were in Scotland at that time is now manifest, by the general adhering of that Nation to their new King against us. For there is not one man in Scotland that assists this young King against us now, but He expounds the Covenant in the same manner as Hamilton did then: and He might have as safely complied with Hamilton in that engagement, as He may with the young King in this: as will be further demonstrated in due place. These are the main subterfuges which the Scots fly unto, when we tax them of that cruel, barbarous engagement against us in 1648. The rest of their pleas whereby they seek not to shelter themselves from the whole guilt, but only to extenuate it, or rather to qualify our demanded satisfaction are scarce worth the mention. They say, they have received some damage in Scotland by the ●●ish, and have demanded satisfaction of us, but as yet received none. A strange objection, have not the Irish been prosecuted by us these nine years as Enemies? And though they owe allegiance de jure to England: yet are they not as mortal Enemies de facto to us, as to the Scots? Do we any way abet, justify, or spare them? to vouchsafe more to this, were to disparage right. They say moreover, that some satisfaction has been made us by the booty, and pillage which Hamiltons Army lost in England. Some few Scoch Arms, and Horses, which falling amongst the soldiers as due prize were like water spilled upon the ground, neither received in satisfaction by the State of England, nor so given by the State of Scotland, must come in upon the Account of the English to satisfy them for all the plunders, murders, and wastes which a Scoch Army perpetrated contrary to Treaties, and sworn Covenants. No more of this, here ends the first part of the Scoch war, whose Scene was laid in England: we come now to its second part▪ where our Scene by God's abundant grace, and goodness is removed into Scotland. And in this transition from past, to present, imminent hostilities we doubt not but to evidence the necessity of our War in Scotland, à parte post, as well as we have done the justice of it a part ante. THe Treaty at Bredah in March last, betwixt the Scots and their declared King: both being upon terms of Hostility with us: had little business to be debated, that was peculiar to Scotland: the main thing to be proposed by both parties, was the removing some misunderstandings amongst themselves, that they might thereupon the better double their powers, and twist their pretensions against England. The King's interest was Monarchy, the Scots was Monarchy and Presbytery: the English were held to be advers to both these interests: and the Covenant therefore to favour both the Treators, against the English: so misunderstandings amongst the Treators could no● be hard to be removed, or at least their slight jars could not be hard to be laid asleep for a while, when they had so little to lose to each other, and yet so much to gain from a third party. All that the Scots desired of the King as humble suitors was but this, that He would take the Covenant (if that were but swallowed down in its literal sense, they thought all their further aims sufficiently provided for) and this could not be much more bitter to Him, than the mass was formerly to his French grandfather in the like case: and if it were, yet divers dulcifications might be added, and accordingly divers mixtures were used, to qualify, and make more potable that draught. Advertisements had been sent from the young King's devout Mother in France, and from her most Holy Father at Rome, that in such an extremity the Oath was compulsory, that the matter of the Oath was subject to many several, yea contrary interpretations: that He should therefore be either left to be his own Interpreter at last in case He prevailed, or if not▪ yet He should be discharged of any contrary strained interpretation. The truth was, the present Power in Scotland had condemned Hamilton for invading England in behalf of an Anti-covenanting King, and so it would be now too gross for them to do the same thing till they had a Covenanting King: whereupon it became impossible to them to relax the King of this condition. The young King, it may be, might demand why they should more scruple fighting for an Anti-covenanting King, then to fight against a Covenanting brother, since the Covenant lost no more credit by the one, then by the other: and perhaps He might further demand▪ why their conditions to Him were so rigorous; since his to them pressed nothing but what was pleasing, viz: a joint concurrence against a Common enemy. But his mother's councillors thought not fit to clog the debate with such intricacies. All Scoch punctilios being at last waved (for the young King was so far from capitulating about his reception in Scotland, that He was more forward to capitulate against his trusting himself there) it came to the question, what He should obtain at their hands in relation to England. For satisfaction herein, it was assured, that the Scots had already proclaimed him King of Great Britain, that they had already Protested against the governing party in England, as guilty of Usurpation: that they did now engage to contribute their utmost endeavours, by all necessary, and lawful means, according to the Covenant, and duties of loyal Subjects, to restore him to the peaceable possession of his other Dominions, according to his undoubled right of succession. This was the tenor in brief of that parley: here is an inthroning promised to the young King by all necessary and lawful means according to the Covenant: and here force of arms is not openly professed, as a necessary, and lawful means according to the Covenant, that the English might be ●u●d in the more security: but ●is ambiguously employed, and secretly so explained to the young King and his counsel, that He might proceed with the more vigour and confidence. Hereupon now rises the contest, whether this ambiguity of expression, and mental, equivocal reservation in the agreement be such as ought to delude the English, or not. The Scots still say, no force of Arms is threatened against us, and that if we fly unto force of Arms against them either upon this, or former hostilities, we do cau●l●sly invade them. They solemnly invoke God as a witness, and Judge, that they have denied us no right, that they have done us no wrong: that in this preventing war, we are mere invaders and returners of evil for good. Yet we must understand to make this good before the Bar of Almighty God himself, they waver, and d●llie, and double, and seek to collude in their own plea: for they do not simply deny their engaging to use force against us, but unlawful force, nor yet are they willing to confess their force intended, and justify it openly as lawful by the Covenant. Surely in an appeal to Almighty God, the case need not be presented with so much art, and under the cover of such dubious reservations. Let us take a little notice; first, how far they deny; secondly, how far they justify their forcible assisting the young King against us. After the King was well satisfied with their meaning by private insinuations, and had adventured his person into Scotland; then further craft was thought fit to be used to blind the English, and retard their preparations: and therefore the Committee of Estates in Scotland published, that the Article in the Treaty of Bredah concerning restoring the young King to his crown of England was not to bind, till the Parliament and kirk of Scotland had taken a previous consideration, and given their determination concerning the lawfulness, and necessity thereof. Behold the ingenuity of the Scots, They conclude a war, and no war; To all the enemies of England 'tis a declared war against England: To the English themselves 'tis no war till the Scotch Parliament and kirk have further declared in it. The enemies of England have hereupon just warning and timely summons to arm, and colleague for England's offence: but in the presence of God they speak it, the English themselves have no just ●a●●●▪ no● provocation to provide for any defence at all▪ Though this agreement was made by the Enemies of England, with the Enemies of England, and ref●rres to the Covenant which has always been expounded to the justifying of a war with England upon this quarrel: and though this agreement must signify a full defiance against England to all others, yet to the English it must signify nothing, God himself being admitted Judge. The English had been once before invaded by the Parliament of Scotland upon the same pretex●s of the Covenant without any warning given, when both the Nations were not only in professed amity▪ but also under the religious ties of a solemn League: and yet now when the Parliament of Scotland has per●idiously violated that amity, and those ties, and i● moreover f●stned in a new Agreement and Covenant with the most active foe, that England has, in the world by Sea, and Land, and by the words of that Agreement and Covenant, has obliged itself to recover the Throne of England to Him: yet now, 'tis expected that the English should sit still, and attend till the Parliament and Ki●ke of Scotland had further decide them. Alas, the prevention of a wound that is likely to be mortal, is as necessary, when it is possible, as the warding of it: and some strokes are of that nature that they cannot be repelled by the buckler, if they be not anteverted by the sword. Therefore the fictions of the cockatrice's eyes want no ground in policy, whatsoever they do in Nature: and 'tis often seen in wars▪ and seditions, that the party which surprises not is sure to be surprised. This caused the Parliament of England this last Summer to send a preventing Army into Scotland, yet with an intention of defence, not offence, for it was manifest to us, if we did not pitch the war there, and there draw the first blood, we did necessarily expose ourselves to the first charge, and impression of our enemies here, and choose to erect the theatre of war within our own Dominions. Moreover, had we been mere assailants, or had we been defend●nts in an equal cause, against Enemies that had observed Feciall rites with us by giving us antecedent warning, we would not have been wanting in the due formalities of defiance towards them. Nay, had there been any real doubt how the Parliament and kirk of Scotland would have determined of the justice, and necessity of a war with England, or had there been any certain time prefixed when that determination should have been given: or had we been assured of any just time to prepare ourselves afterwards for a complete defence, we had not been so forward in seeking out the hardships of that cold, and sterile soil, but as our case was, we were great sufferers, we were sufferers by perfidious Enemies, we were delusorily referred fine die, to Judges that were bound to no meetings, for the resolution of a case that was before resolved against us: and in the mean time whilst we were brutishly thus to wait upon such Judges, all our conjured foes were contriving our ruin, and were certain to prepossess irrecoverable advantages against us. But now we shall see in the next place, the same Scots that before the Judgement-seat of God charged us hitherto for entering upon them when we were in no danger, nor under any provocation, seeing all their transactions at Bredah more fully come to light, betake themselves from denying to confessing and avoiding. Such is their faltering, such is their doubling: if their denial could be maintained, they needed not descend to any confession: and if their confession were avowable, they needed not to fly to denials: but the truth is, they can neither absolutely deny, nor absolutely justify their hostile machinations, and combinations against us, and therefore they shuffle, and trifle, and play fast, and lose betwixt both. In August last, when the Scots saw the English would not yield themselves to be deluded, or disappointed, or forecluded of any advantages in war by the false pretexts of peace, they stated the case of their war in a Declaration, which they forced the young King to publish in his Name at Dunferlin, and according to the case there stated, they resolved to join upon the issue of a battle, and in the Field to expect God's own decision from Heaven. The battle was fought, and the decision of Heaven dissavoured the Scots: but the success of a pitched field is not now held an Argument weighty enough to sink a cause so stated. Let us therefore more narrowly look into the particulars of that Declaration, and examine upon what sure rules of equity and piety the cause of the Scots, as it is there drawn up, stands founded. At first the march of our Army was held merely invasive, & causelessly▪ offensive: the Scots denied any hostile intentions against us at all: now 'tis granted there was an intention of force, but it was no other than what was justifiable by the Covenant, inasmuch as it threatened none but such as were Enemies to the Covenant. This seems to mean, that the Parliament of England with all their Armies and Adherents, had had just cause to prevent an invasion from the Scots, if they had been true to the Covenant, that is, if they had interpreted the Covenant in the Scotch sense: but since they are judged to have dealt treacherously with the Covenant, they are not worthy of any defence, they ought not to claim so much privilege, as to prevent any danger, or enmity; For if the Scotch design had been merely to plunder and enslave us, than we might have stood upon our guards, or used means of prevention lawfully: but since the design was merely to reform us, and reclaim us to our loyalty, and to reconcile us to our Covenant: 'twas arrogance in us to think any resistance at all reasonable: Is not this a candid honest meaning? does not this high pitch of prejudice become a fair noble enemy? but to the effect, and purport of our Scotch Declaration: by that Declaration we are satisfied in two things. First, What conditions were proposed by the Scots to the King both in behalf of Scotland and England, and Secondly, What Laws were agreed upon by them both to be imposed upon the English. Of the King's conditions little need be said: by taking the Covenant explicitly, he did implicitly bind himself to admit the Scots to be his interpreters of it, and by admitting them to be his interpreters, He did engage to follow the advice of a Parliament in all civil cases, and of an Assembly in all businesses of the Church: and 'tis to be understood that the same advice was to sway him as well when he was to consult about his affairs in England, as about his Scotch affairs. For a proof hereof, we see when this very Declaration, so nearly concerning the government of England, was to be issued in the young King's ●ame, and he to avoid the same was withdrawn to Dunferlin: Commissioners were sent after him from the Kirk and States, to let him know, that by the Covenant he was bound to sign, and own this their Act, and that by his refusal if he separated his interest from Gods, and the Churches, they would endeavour the preservation of both without his. But let us pass to the ●aws imposed upon us by the accord ●t Bredah, and let us view sadly those heavy iron yoak● that are there ●●eathed for the neck of England. After that the young King ●● obliged to stand to the advice of the Scots in the supreme counsels and concernments of England. Let us consider ●ow ●ar that advice is converted to our confusion. The first thing that we are to submit to is, we are here to yield up the Crown of England to be disposed of by the Scots▪ we must suppose there lies a duty, and is conferred a power by the Covenant upon them to see to our line of succession, and to take order that in all questions betwixt the people, and any pretendor, the Throne may be duly filled, and possessed. If a traitor (that has been) an enemy in Arms (that is) claim by inheritance the sovereignty of England, the Scots may justify force to invest him here, & 'tis breach of Coven: in us to oppose▪ 2. Though the same K. may ●e under▪ Sequestration in Sco●●: till he has given public satisfaction there; yet there is no satisfaction due in Engl▪ of which the English are to be Judges, for the English are to rest satisfied in this, that the Scots rest satisfied: & if the Scots rest satisfied▪ the English sequestration becomes vac●ted: Nay, though that which the Scots●all satisfaction, be apparently extorted by force, and almost confessed to be mee●●imulation; yet the English in spite of their understandings and senses must accept of it. The Scots say, their young King is truly humbled for his father's Tyranny, and his mother's Idolatry, the young King abhors their hypocrisy therein▪ and for divers days together puts all his hopes in this world upon eminent hazard, rather than he will subscribe their dictates, yet the English must neither question his, nor their sincerity. Thirdly▪ All these rigo●s, and impositions of the Scots our backs must bow●, and crouch under for the Covenants sake, and that we may prove true to the most high God, to whom we have lifted up our trembling hands. Though we have discovered the Covenant to be a f●la●●ous, lubricous, ambiguous contract (as others besides the Contractors themselves now wrack it) so that in the Scotch sense it makes us enemies to them, in our sense it makes the Scots enemies to us, in a third sense it serves the Papists against us both: and though we are throughly informed, that the young King is not only licenced but enjoined to take it by all his Popish Patrons and Allies, and to make use of it as a s●are to both Nations: yet we must take no exception against it. Hamilton, in 1648. expounded the Covenant in behalf of the King, and Kirk to the raising of a war against us; yet the same powers in Scotland that condemned that war in him, raise the same against us now upon the same exposition. All the difference is this; Hamilton fought for a King that had not taken the Covenant, because He was never so far necessitated, whereas the present powers in Scotland: ●ight for a King t●at has Covenanted against his will, choosing rather to perjure then ●o perish: But let us ask the Scots seriously, Whether is the greater enemy of the Covenant before God, he that refuses to take it because it is against his conscience, or he that takes it against his conscience, because he dares not refuse it? Well, God's judgements herein is by us both implored, & we cannot doubt but God in his due time will judge, & make his judgement undeniable. Fourthly▪ Though we indeed are not enemies to the Covenant, but can justly plead for ourselves, that we are zealous for a true Reformation, even whilst we dislike the Scotch pattern, and that we are wellwishers to Monarchy elsewhere, even whilst we make choice of Democracy in England upon diverse urgent emergent considerations: yet all our pleas are rejected▪ the very last plea of arms, from which no necessitated men besides are barred, is in us most imperiously condemned as well after open trial, as before. Nay when we know ourselves condemned by the Scots as Enemies to the Covenant, and that the young King (to be brought in by force over us) is particularly sworn against us, in that he is generally sworn against all enemies of the Covenant, we must take it as a sufficient answer to all our complaints▪ that the King has no power to annoy any, but enemies to the Covenant. This is to heap scorns upon the rest of our endurances; for this all one, as if they should insolently tell us, that no man can hold any thing but by the Covenant, and the Covenant can have neither enemies nor friends, but such only as they declare to be such. To pursue these scorns also and improve them the higher against us, they make their young King in his Declaration at Dunferlin, revoke all his Commissions granted against us by Sea, and Land, to any of his Instruments that adhere not to the Covenant. Do not we know, that such a revocation is merely ●udic●ous, and jocular? Could the Scots imagine that either Rupert at Sea, or the Irish Papists by Land would obey such a revocation so signed at Dunferlin? And if Ante-Covenanters should lay down their Commissions, would it be more ease for us to be spoiled and destroyed by the hands of false Covenanters, then by the hands of Ante-Covenanters? May not this King do what Hamilton did? May he not prevail over a faction of Covenanters, and by them assail us, as Hamilton did? and if not so▪ may he not be empowered; nay is he not already bound by all the Covenanters in Scotland, nemine con●radicente, to treat us as enemies? Will not God in earnest look down upon the makers of such jests? Fifthly. As we must prostrate ourselves to a King, to such a King exercised many years in bloody feats against us before his pretensions to the crown, obtruded upon us by such Faedifragrous neighbours; and further hardened against us by such religious incentives: so we must also stoop and kneel to him upon the most servile, odious conditions that can be. For first, we must come to a new change of Government for his sake. By the present, settled form; Government is now devolved, and as it were naturally resolved into the hands of the people: and as Monarchy cost us a vast effusion of blood, before it necessitated its own ejection, so it is likely to cost as much now, before it can be reestablisht. Lions, and Elephants do not teem, and propagate so often, and easily as mice, and ferrets do: nor can we expect, that such great alterations in great States as these are should be compassed without much sore travail, and long continue throws. The Scots do know well enough, that our sectarian Party in England, which they charge of usurpation, has a great Army in Scotland, ready to cope with all their Levies, another as great in Ireland, a Militia not unequal to both in England, besides a puissant Armado at Sea: and can they imagine that the suppressing of this sectarian party, and reinvesting of Monarchy is likely to prove an unbloudy business? Secondly, As we must be forced from the Government that now is, so we must be forced into a new Module of Government, that never was before in England known, or heard of. The supreme Power of England must now suffer a partition, and have its residence in two several counsels; the one ecclesiastical, the other Civil, and so whilst in imitation of Scotland, it transforms itself into an Amphisbaena, and submits to the motions of two Heads, it can hardly avoid dangerous disputes, and dissensions. In cases of the Kirk, the King must harken to Divines, in matters politic the King must be observant of his Parliamen●s: but if there happen a difference in mixed matters, 'tis left to the people's discretion to side, and adhere, as they see cause. Surely 'twill be an uncouth innovation in England to see Kirkmen sit in an Assembly, and publish Declarations concerning peace, and wars, as they do now in Scotland; and whether such an innovation may be conducing to a good accord, and understanding in the State, or no, we leave to conjecture. 3ly, As we must subject ourselves to these grand innovations, so they must also be purchased by us with the price of some of our best blood: some few of our principal Patriots heads must be paid down in hand for them. It should seem, their Idol the Covenant requires some sacrifice to make an atonement for the indignities, and profanations it has lately suffered in England, and so four or five men's lives are demanded, as a just oblation. But the Scots might understand that we are not yet so tame, and that the demand of such an oblation from us, is all one, as the demand of many hecatombs: and therefore perhaps 'tis not parsimony of blood that makes them so parsimonious in their demands of blood. 4ly, As our preciousest Friends must lie under this discretionary danger, so the most fatal of our Enemies must be secured from all danger of our Laws: for in the close of all, an Act of Oblivion is to overwhelm all things▪ and all men whatsoever, royalists, Presbyterians, Independents, Papists, Protestants are to be put into an equal condition. What is this less than to spoil us of all advantages, and exempt our Enemies from all disadvantages that the event of these late wars have cast upon us both? especially when the Act is to pass as a Grace from our Masters in Scotland, and not of reconcilement from us? By this state of the cause so formed, and owned by the Scots themselves, 'tis now apparent, that if the English had yielded stupedly to all the conditions, and Laws that are here imposed upon them, they had left nothing remaining to themselves: the whole English Nation had been given up to vassalage under a foreign Power. Those very Royalists, and Presbyterians which should have survived the Independents, and could have severed themselves from the ruin of the Parliament: (as was very difficult to do) yet should have seen the old Government of England overturned, and have served a Master, that should have served other Masters. The Scots nevertheless in the Declaration before mentioned recommend these impositions of their young K: as his gracious condescensions, and they expect that hereby he offers satisfaction to the just, and necessary desires of his good Subjects in England, and Ireland. And because they see there are many thousands in England, who have utterly forgotten that ever they were born on this side the Twied: They use many Arguments of Conscience and Honour to Arm all such against the Parliament: and to in amour them with that Freedom, and happiness that this Declaration promises under them. So wondrous a thing it is, that any liberty under a Parliament of England should be thought worse by Englishmen then any servitude under the Kirk▪ and state of Scotland; but here are the true grounds of our expedition into Scotland: the Justice whereof looked backward to the incursion of Hamilton in 1648. whilst its necessity looked forward to the Treaty at Breda, and to the accord that was there made in March last. There is a Justice of war sometimes that derives itself only from necessity: but in the War that is now waged by our Parliament in Scotland, we may truly avow, that our Arms are just because they were necessary, and we as truly avow, that they became necessary by being so egregiously just: inasmuch as the Magistrate often is restrained from dispensing with the Subjects right. Now it appears by what has been here related, that the Scots unprovoked poured in upon us 20000 men in a manner most perfidious, and at a time most disadvantageous; that after satisfaction peaceably sought they rejected us as unworthy of any Treaty with them: that at Breda they have since conspired with ●●r open Enemy against us, making their cause his, and his theirs: and therefore directly contrary to the Scots Declarations emitted the last Summer, we draw this conclusion, that we have received wrongs insufferable, that we have been denied rights indispensable, and that we have been forced into a War unavoidable. For we hope, since no place, nor time secures us from the offensive Arms of their young King, and his Commissions Officers, whose cause they have espoused by taking him into a forced Covenant; No time, nor place ought to secure him from our defensive prosecution. Let the Scots flatter themselves as they please with fond umbrages, that they observe their Covenant whilst they fight against us that are parties to it, and whilst in the young K. they abet P. Rupert, and the Irish, that are parties engaged against it; God is not mocked, He sees throughly the ill temper of that mortar, wherewith their ruinous cause is daubed. The same God knows likewise how unwillingly we drew our swords in this quarrel, and how far all aims of ambition, domination, revenge, or spoil were distant from these our undertakings. The same words which were once used by our Army after the great defeat given to Hamilton in England, the same do we still resume after as great a success near Dunbar in Scotland. We believe God has permitted his Enemies at several times to Tyrannize over his people, that we might see a necessity of Union amongst them. We likewise hope and pray that his glorious dispensations of success against our Common Enemies may be the foundation of Union amongst God's people in love and amity. To this end (God assisting, before whom we make this profession) to the utmost of our power, we shall endeavour to perform, what is behind on our parts: and when we shall through wilfulness fail herein, let this Hypocritical profession rise up in Judgement against us, before him who is and has ever appeared the severe avenger of hypocrisy. This we direct now to all the mislead, yet well meaning people of Scotland as cordially after a second signal victory, as we did then after the first. Reader, I here often mention the Scots, and seem to intend the whole Nation; but I pray thee make no such interpretations: for I doubt not but there are many good people there, that either know not their Magistrates hypocrisy, or bewail it in secret. I myself know many excellent men of that Nation, and these to me are as dear as if they were English. Sit Tros, sit Tyrius, nullo discrimine habebo. Of the engagement. THere was lately Printed a sheet of Considerations against our common engagement of Allegiance, to this commonwealth: the Author seems to be a Presbyterian of the Scoch Faction, by some thought able and learned: his Arguments are very brief, and I will answer him, as briefly as may be: The Arguments by which our engagement is impugned, and as it were on every hand beleaguered are eleven, as I take it. The first is against the engagements inconsistency with former Obligations. 2. Its partiality towards Malignants. 3. Its obscurity, and ambiguity. 4. Its illegal penalties. 5. Its inefficacy. 6. Its want of charity. 7. Its rigor to harmless, conscientious men. 8. Its enmity to Reconciliation. 9 Its diffidence in God. 10. Its excess, and extremity in punishing. 11. Its opposition to Christian Liberty. The raising of this siege, I hope will not prove very difficult. Considerator. This engagement, to some that have already taken six or seven Oaths, may possibly seem contrary to some of those former Obligations: and such Ingagers must now suffer, or sin against their doubting consciences. Answ: 1. No State can enact, or ordain any thing, but the same may be liable to some men's doubts; (In Christian Religion itself all men's scruples are not prevented) those Acts, and Orders therefore which are not liable to just doubts, are sufficient, and aught to bind. Now the engagement, which in truth is not repugnant to any of our former Oaths, or Obligations, is liable to no just doubts. For our former Oaths, and engagements, if we rightly understand them, did not so intentionally oblige us to the form of Government, as to Government itself; nor to this or that changeable medium of governing, as to the fixed, perpetual end of government. Forms, and Means are sometimes very expedient, and so long they are necessarily to be observed: but the question is how far they ought to be observed, when they clash, and by some emergent alteration in the State are put out of Tune, and so jar, as it were, with substances, and Ends: and all wise men know: Subordinata non pugnant: the matter of less moment gives way to the greater. The Law of the Sabbath was strict in all its rites, and required an exact obedience in all its duties which were suitable to its end: but when man's being which was the end of the Sabbath came in question, all its subordinate offices, and solemnities submitted. The Jews thought man must rather perish, than the Sabbath be broken by any labour to save him: and if man had been created for the celebration of that day, they had judged rightly: but since that days rest was ordained for man, our Saviour gives a contrary judgement. The same reason reaches our case. Our allegiance has been formerly engaged to the State of England governed in such a form: that form is now changed▪ and now our allegiance to the State cannot be continued in the old form, without danger to the substance, without ruin to the end, for which allegiance was so engaged. In this case, if we grant, that the form of government is but a mean, and that it was ordained for the convenience of government, not government for the forms: we have nothing to do, but to conclude with our Saviour, that necessity makes the change lawful, and the violation of the form no violation: forasmuch as there is no repugnance in subordinate things. Dunkirk was yesterday under the Spaniard, 'tis to day under the French: the loyalty which the Dunkirkers paid yesterday to the Spaniard is now due to the French: That Dunkirker which now keeps his loyalty to the Spaniard breaks it, and may justly suffer for Treason: but that Dunkirker which departs from his former loyalty, keeps it, and the truth of his loyalty will be justified by the end of all Loyalty. Consider: Known Malignants whose Consciences are too hard for such scruples, readily take the engagement, and so get Trust and employment, whilst the tenderness of Conscience shuts honest men out. Answ: 2. This Objection has no more Force against the engagement, than it has against preaching the Word, administering the Sacraments, and all the best Ordinances that ever were past by God, or man: for there was never any duty so holy, nor injunction so equitable but some scrupulous men perplexed, and entangled themselves with fears about it, and some men of ill conversation would rush, and intrude rudely into it. 'tis impossible for the Magistrate either to ease tender Consciences, or to discriminate hard hearts in all cases: wherefore let us not require impossible things of our Magistrates. Consider: This engagement is so pressed, that scruples arising none is permitted to clear them to himself, nor can the tendrers of it prescribe the sense wherein it is to be taken: so it must be subscribed blindly in the implicit meaning of the Imposers. This agre●s not with the nature of a solemn Obligation. Answ: 3. The engagement is most injuriously accused of any obscurity; no art of man could pen any thing more clearly, or succinctly: nay I am verily persuaded, that the same men that cavil at the engagement for ambiguity: can scarce produce one Law or rule in all the book of God, which might not be made as subject to cavillations as this bond of allegiance. By our subscriptions, we only bind ourselves to be true, and faithful to the commonwealth of England, as it's now governed without King, or Lords. To ask, what the commonwealth of England is, is ridiculous; 'tis the same now under this form of Regiment, as it was before under Monarchy. To ask, how it can be governed without King or Lords, is more ridiculous, our senses discover to us, that we have a government; that we have a government without King or Lords: and if we please we may further inform ourselves, that there have been other such governments in all ages, amongst all Nations. To ask how we may be true, and faithful to this Government, is most ridiculous of all: for Truth, and fidelity in England, is the same as God's Law commands everywhere. No Law of God's is more perspicuous, then that which enjoins obedience, and subjection to Powers and Magistrates; and yet the same Law of God which enjoins obedience, and subjection, intends true obedience, and faithful subjection: they cannot be divided: false obedience is no obedience, unfaithful subjection is no subjection. Therefore let our Considerator cavil at God, and his Word, to which our engagement refers him, let him not cavil at those which refer him. Consider. The Subjects Liberty is saved to Him by divers Laws, and Oaths: yet the not subscribing of this engagement hercaves any man now of the benefit of Law, the greatest of all Liberties, and rights. Answ. 4. Liberty is the due birthright, of every Englishman: but Liberty has its bounds, and rules; and the liberty of every member must be subordinate to the liberty of the whole body. By the Laws of Liberty every man is to enjoy, that which is his own: but since one man has far greater, and better things to enjoy, than another, the liberties of one may extend further, than the Liberties of another. Likewise, when our Liberties are equal extensive, one man may voluntarily renounce, or maliciously forfeit, that which another does not. Therefore we must not suppose, that any man in England by the Protestation, or Covenant, or any Law else, has such an estate, or inheritance in his Liberty, as is altogether indefeasible, and unreleasible, whatsoever He does, or says. But in the last place, there is a Liberty of the whole State, as well as of any particular subject: and that Liberty of the whole State must supersede the Liberty of every particular subject, whensoever both accord not: the lesser, to avoid repugnance, must always give place to the greater. The Con●iderator is very erroneous, when He thinks, the Law allows him any right, or freedom to disturb the Law, or to oppose any constitution, upon which public right, and freedom is founded. Consider. These kind of ties have commonly proved uneffectual: nay they have often proved mischievous, like artillery turned against the first planters, and devisors of them. Witness the Bishops canonical Oath: witness the late Covenant, &c. Answ: 5. Religious ties, and pacts are not unlawful in themselves, but we hold the use of them unlawful when they are enforced without sincerity, without necessity, and without due authority. As for the Bishops canonical Oaths; we are not satisfied that there was a sincere meaning in them, or any clear Law for them: and we are certain there can be no necessity pretended to uphold them: wherefore 'tis no marvel, if they proved fatal. As for the Covenant also, it was rigorously obtruded upon the English by the Scots, without any pretext of authority: and as we have found since a want of ingenuity in the obtruders, so we are sensible the pleas of its necessity were mistaken: forasmuch as it has wrought contrary effects, and produced hostility, instead of amity. Wherefore if this miscarried also 'tis no great wonder. Neither does the line, that runs betwixt our engagement, and those obligations prove a true parallel: for those were Religious, so is not this: and those were utterly unnecessary, to say no worse of them, so is not this. God has required us to be loyal, and true in our obedience to the higher powers: to obey God in this is necessary: and therefore to promise obedience in this, even when our promise is a necessary part of our obedience: and is moreover a medium so aptly disposed to reach the end of all obedience, the securance of public peace: we cannot but conclude it necessary. Besides, the Considerator might take notice, that his objection here is general against all stipulations, as such: so that by the force of his objection, the very bonds of matrimony; the military Sacraments of soldiers: all the obligations almost betwixt man, and man, by which human society is preserved, find themselves struck at, and shaken. There was scarce ever any Nation yet so barbarous, as wholly to neglect ties of allegiance; and amongst all ties of public allegiance; there scarce will be any found so modest, brief, clear, easy as our English engagement: the obligation is no more than civil, and the extent of it scarce equals the petty homages, and fealties which we pay in Leets, and in our Courts Baron. Consider. If we raised trouble, or sedition under the present Government, these proceedings against us might be justified: but we are now punished because we dare not offend God by subscribing. What is our case now was the subscribers ease, when they were formerly overbalanced in the Government by men of another judgement: let them therefore do as they would be done to, for we desire now, what they desired then, that Conscience may not be forced. Answ: 6. The case of the Non-ingagers is not the same now, as ours was formerly: nor are we so uncharitable as to violent men's consciences, or to exact that from others which we would not have exacted from ourselves: these charges are void of truth, and ingenuity. Necessary Oaths, and natural stipulations properly tending to the preservation of human society, we never were Enemies to: nor ought any good man's conscience check at them: and if the non-ingagers can show, that we require now in this promise any fidelity or obedience to the State, besides what God himself requires: and the natural usage of all Nations justifies, we will acknowledge our error, and harshness to them at present. Or on the other side, if the Considerator will show, that the Oaths which we formerly were scandalised at in the Bishops and other oppressors were of such necessity, and so tenderly moderated, as this engagement is, we will acknowledge our refracto●ines in former times: but if neither of these things can be showed, the Considerator cannot say we deal unequally or partially with other men's Consciences, 'tis want of charity in Him, that charges this want of charity on us. Consider. The Non-ingagers can have no other ends of refusing, and becoming obnoxious to the sharp censure of the Act, besides Conscience: because they are few, and cannot compass any alteration: and they further see, it could not be compassed without a great effusion of blood, if they were more, and stronger. Again: if men offend by disturbance of the Government, under which they live: let them receive severe punishment, let them not be punished before offence given. Again, This engagement involves many conscientious men▪ fearful to subscribe, who yet verily believe they must stand, or fall with the present Government: and are wholly for them in their judgement. Answ: 7. We must by no means grant, that there is truth in these suggestions. For: 1. we know there are diverse, which refuse this engagement out of mere disaffection to the present Government. 2. There are diverse neutral minded men which do subscribes▪ his engagement not without some unwillingness, which nevertheless will the rather be true, and faithful because they have so engaged. Fear of penalty will be as potent to keep some men from breaking, as it has been to keep others from refusing the engagement. 3. 'tis impossible for us to believe that pure conscience restrains any man at all from subscribing: it must be peevishness, of humour, and opinion, it cannot be conscience. Our reason is: because there is no third thing betwixt being a Friend, and an Enemy: betwixt being true, and false: betwixt being obedient, and disobedient. Can we possibly admit, that they are wholly for us in their judgements; that they expect to stand, and fall with us, that they are conscientiously bound up from attempting against us: which think it a sin to promise any truth, or fidelity to us? Either it is a sin to be true, and faithful to this commonwealth, or it is not. If it be a sin: in the judgement of our Non-ingagers; to be true, and faithful; then are our Non-ingagers worse than Enemies: for enemies themselves may without sin pass pacts of truth, and ●idelity to each other: and if our Non-ingagers be worse than enemies, 'tis treacherous in them to pretend they are less. Pure conscience cannot permit them to say, they are wholly of our judgement, their safety is involved in ours, they are no way disaffected to the present Government: whilst at the same time it suggests to them that they sin if they prove true, and faithful to us. On the other side, if they allow there is no sin in being true, and faithful to us: then they must allow withal, that there is no sin in promising truth, and faithfulness. Nay without doubt, the thing being lawful, the promise of the thing becomes lawful, if not necessary when 'tis required by the Magistrate for securance of the public peace. 'tis a strange thing to imagine, what now predicament the Non-ingagers must find out for themselves. Protest enemies they abhor to be, their judgements, their safeties, their own interests force them to disclaim that Name: professed Friends nevertheless they dare not be; some scruples of conscience deter them from any such obligation. Neuters they cannot be, because they are Natives, and members of this State, and owe allegiance to Government, howsoever they may except against this, or that form of Government. Foreigners that have no dependence upon us, nor owe allegiance to us, may profess neutrality, and if they be not against us, we repute them as if they were for us: but 'tis otherwise with the English subjects. Ambidexters they will disdain to be: for of such the contrary rule is true: if they be not with us, they be against us: a seeming, simulatory, Friend to two contrary parties is a real, assured enemy to both: our saviour's mouth has left it unquestionable, that No man can serve two Masters. It will therefore well become our Non-ingagers, to be plain dealing with us in this, though they may not be true to us, and let us know under what notion they would be looked upon. If they be neither Friends, nor Enemies, nor Neuters, nor Ambidexters, let them give themselves some fifth Name, only let it be such a Name, as may fall under some definition. Consider. The Covenant, we see, is a great hindrance of reconciliation with Scotland, which shows the pernicious consequences of laying obligations upon the people. For to oblige the people, and not interpret, nor limit those obligations, is a way to perpetuate strife, to multiply disputes, and conscientious entanglements. Answ: 8. How ill our plain, necessary engagement, that comes recommended to us by good wholesome precedents from all ages, and Nations is compared to the many intricacies, and inconsonancies, of the Scoch Covenant has been already showed. The various interpretations of the Covenant might perhaps beget, and perpetuate strifes betwixt two emulous Nations: but our engagement is so liquid, facile, and concise a tie of truth, and fidelity from English men to their common Mother: that even they which have most tortured their brains to raise quaeres, and scruples about it, at last, know not how to style themselves, nor where to place themselves: nor can they teach us how we should understand their chimaeras or resolve their fond aenigmas. Let not that therefore be ado●sed of creating quarrels, which is so hard to be quarrelled it. Consider. It were more for the glory of God, if Magistrates would trust God with their Government, not thinking themselves the safer by tying man to them, especially by means that have so often failed. Oh beware of unbelief. Answ: 9 To use honest, well proportioned means allowed, and appointed by God, with a Trust that God will bless the same to us, is rather to honour, than distrust God: and 'tis not a trusting, but rather a tempting of God, when we sit still, and let slip opportunities upon a vain expectation that God will supply us with extraordinary, unpromised helps. Constant experience instructs us, that Promises and other sacramental obligations have been ever honourably, and profitably made use of for religious, and civil purposes: they have been sanctified by God himself both giving, and accepting of them: they have not only bound man to man, but man to God, and God to man. Therefore to argue against such expedients in this case, upon the strength of such propositions as are general, and as concludent against all human expedients in all cases whatsoever, must needs savour of a spirit too litigious, and acrimonious. Consider: By this engagement persecution of godly men is grown higher in divers respects than it was in the times of prelatical power: in regard that non-Ingagers are now more in number then non▪ conformists were formerly: and whereas imprisonment was formerly the penalty of Puritans, non-subscribers now are put ●ut of the Laws protection as to their estates: if 10000 li. be owing them, they are at the Debtors courtesy, whether He will pay one penny, or not. Answ: 10. The commonwealth of England denies no protection to any, that will promise truth and fidelity in their reciprocal subjection: nor does it deprive any of the benefit of Law, that engage to be Friends to the Law. Wherefore since the commonwealth is in the place of a Mother, and every particular man is but in the place of a Son: 'tis not fit the Son which first rejects his Mother, should complain afterwards that He is rejected by his Mother. Away with such stupid gross●● partialities: He which out-la●● himself, cannot complain of an outlaws hard condition: and He that joins not with the people in all necessary expedients to uphold the Law, outlaws himself. 'tis double injustice for a Subject undutifully to forfeit the state's favour first, and then to expostulate against its disfavour: as it is double ingratitude in a Son to deny filial duty first, and then to cry out against paternal severity after. The Subject here is his own persecuter, and the Son his own true disinheritor: forasmuch as both withhold that which was due absolutely, and naturally, yet have nothing withheld from them, but what was due conditionally, and secondarily. Consider. We deny not that the Magistrate may require security for the obedience of men, that give occasion of suspicion: but we deny the Magistrates power, and rule over men's consciences. For Christ has redeemed us to himself, that we might serve him without fear, and not suffer ourselves to be brought in bondage to the wills of men. So Calvin: Insti: l: 3. c: 19 S: 14. The Conclusion is: what a Christian may not lawfully act, He may not be lawfully constrained to act by the Magistrate: but a Christian may not lawfully act against his conscience though erring: therefore He may not lawfully be constrained thereunto. Answ: 11. 'tis confessed there are high prerogatives of Liberty (to use Calvins' own words) which Christ has purchased with his blood for faithful consciences, to exempt them from the power of men: and that these prerogatives are lost to such consciences, as yield themselves to be snared with bonds of Laws, and Ordinances at the will of men. But we must understand with all, that no exemption from the bonds of the Law moral, or any Civil ordinances not crossing the Law moral, is here intended, or reckoned amongst Christ's purchased Prerogatives: for Christ himself was obedient to the Higher Powers: and did profess that He came not to destroy, but to fulfil the Law. We must therefore restrain Calvins' meaning to a freedom from levitical ceremonies, or human, unnecessary impositions in matters ecclesiastical: or to commands evidently sinful. Inasmuch as the Consciences of faithful Christians cannot be properly said to be snared with any other Laws, and Ordinances. For that we are to be subject to government, and Governors for conscience sake: and that a faithful, pure conscience is a thing very different from the ignorant fears, or rash presumptions of a misguided mind, is very clear by the Scripture. Therefore when the Considerator argues that a man may neither act, nor be enforced to act against an erring Conscience. He seems to me to utter mere nonsense, forasmuch as that opinion which may be false, and erroneous, is so far from being a man's conscience, that 'tis inconsistent with conscience. Shall we call the Papists blind zeal which makes him thirst after Protestant blood an erroneous conscience? and shall the Magistrate forbear all force, and restraint towards Him, because He only follows the dictates of an erroneous conscience? We may as well call that conscience which leads the Ranter into uncleanness: which urges the Arian to blaspheme Christ, and which induces the poor Indian to offer human blood in sacrifice to the devil. No: Conscience in St. Paul's sense (whom Calvin follows) is that Agent of God in the soul which holds forth to us the lamp of Nature (or rather of God creating us) improved further with the oil of grace (or rather of God redeeming us) to show us the ugliness of ●in, and the beauty of righteousness: and as this Agent of God never misinstructs us, so neither are its instances with us ever to be rejected under pretence of any human ordinances and powers whatsoever contradicting. Whatsoever is not of faith is sin: and that cannot be of faith, which is not clearly warranted ●y the Word of God: therefore to follow an erroneous persuasion, under the name of Conscience, is sinful, unfaithful, and unwarranted by the word of God. The Considerator pleads his doubts, and scruples, and fears, as the dictates of his conscience against the engagement: alas conscience, i● i● be unde●iled, pure, and faithful (such as Calvin out of St. Paul intimates) is above all doubts▪ fears, and scruples, at least it is far predominant over them. And let the Considerator deal ingenuously with himself, and search strictly into the darkest retirements of that, which He calls conscience: and He shall find, that doubts, fears, and scruples assail him on the one hand, as well as on the other. If the Considerat●n be not fully satisfied in this, that He may be true, and faithful to the present Government; I dare tell him, and that from his own mouth too, He is as ill satisfied in this, that He may disobey the Magistrate under whose protection He lives, in denying an assurance of his truth and loyalty, when it is not only a command, but a command so necessary for securance of the public peace. Can we then imagine, that Conscience God's resident in the Soul is divided against itself? or can we imagine, that that trumpet which sounds points of war so contrary is to be obeyed, above all Laws, and Ordinances? and revered as God's resident? The Considerator will say: if I have my dissatisfactions both ways, how shall I extricate myself either way? how shall I engage, or not engage without sin, since neither engaging, nor refusing is of faith with me? is it not in this case my safest course to obey that instinct, or prompting of my conscience which is most powerful, and least opposite to faith? I answer, God has not left thee without an issue, and a way to escape out of the midst of these perplexities. For all cases are either certain, or dubious; and in all cases certain God has made every man a Judge: and has left in every man that which we call Conscience to negotiate in his behalf; and the judgement which Conscience passes herein, is beyond all other Laws, and Jurisdictions. But i● dubious cases, God has not left every man a Judge; private men against their own opinions are to conform to the sentences of their Commissioned Magistrates; and in so doing they violate not their consciences, they rather do that for which they have a sure warrant, such a warrant as faith may rest upon, and Conscience be quieted by. By this warrant, the Apostles, and their followers did pay due allegiance to the Caesars, the worst of men, and most injurious of usurpers: though it was more than probable in those days, that their Titles were gotten, and maintained by force, fraud, and bloody rapine. Who knows not, that in that infancy of the Church Herod had newly usurped over the Jews, that the Romans usurped over him, and were in like manner presently after usurped over by the Caesars: yea that even in the family of the Caesars, there were almost continual usurpations? But the Considerator will still say: can Conscience permit me to dispense with Oaths formerly taken by submitting now to contrary, inconsistent engagements? is not this a thing evidently, and indubitably evil? and is not Conscience a sufficient Judge of things so evident, and indubitable? I answer. 1. Where man is hemed in, with two unavoidable evils, the less is to be chosen: and the choice of the less, is no sin, but a duty. When man cannot preserve himself, or some other living Creature without transgressing a Sabbath duty, the transgressing of that duty becomes an office of charity: because the means by its subordination was necessarily to give way to the end. 2ly, To submit to a new obligation which is conducent to the public good, and to wave a former contrary obligation, when it is become opposite to its first end is no evident, indubitable evil. The Law by Oath bound the King, and all under him to maintain the ancient rights, usages, and Statutes of the Land: yet when any change of those rights, usages, and Statutes became necessary for the public good, we are all satisfied that the King and all under him gave way to that change without perjury. So if we have been sworn to maintain Monarchy, the form of government being but subordinate to an higher end, when Monarchy becomes destructive to that end, the force of our Oath ceases: for Laws create forms, and Laws uphold forms by Oaths; but neither forms, nor oaths bind longer than the Laws: and we see, there is a subordination even amongst Laws themselves, and by the rules of that subordination, temporary Laws are to yield to perpetual Laws, conditional to absolute; mediate, to final. When Nature permits heavy bodies contrary to the Law of heavy bodies to ascend, for the prevention of some greater breach of some Law that concerns all the Elements, and the peace of the universe: it teaches us, what we are to do in politics. I leave these things to the Considerators own application. The Magistrate which is now girt with God's sword, requires an assurance from him of his allegiance for the better preventing of future broils, and disturbances. His private fancy tells him that assurance is due to some other Magistrate, which if He may judge of secret reasons of State, and things above Him, has more right to the Sword: yet in the mean time doubts, whether God has entrusted him with any such judgement, or no: and He sees his example keeps the public Peace the more unsettled, and He forfeits the protection of Law to Himself, by denying his obedience to the same: I say no more: the Considerator here is hedged in with two inevitable evils, let him consider, whether is the greater. Errata. Page 29. line ●2. for dishonouring, read dischotomizing. FINIS.