Short strictures or animadversions on so much of Mr. Croftons Fastning St Peters bonds, as concern the reasons of the University of Oxford concerning the covenant by Tho. Tomkins ...

The Introduction.

EIther the Covenant is in its sense as Loyal, and in its obligation as indispensable as it is at present thought convenient to be asserted; or, it is not. If not; why is there such a do made about that, which if in any cir∣cumstances of affairs, certainly in these, obligeth not? But if it is; How came it to pass, that it was totally for∣got by themselves, when the Rump, or the Cromwels appeared to be in good earnest against it. Sure I am, the very Covenanters thrived by con∣trary Oaths and practises. Sure I am, that whole party, (very, very few par∣ticulars excepted) have been such base complyers with, nay flatterers of, every thing, but their lawful Prince; take

as unworthy conditions from an un∣lawful Power, as themselves would fain have imposed upon the one only lawful one. That they have discovered hitherto no other use of their consci∣ence, but in scrupling at things indif∣ferent, and that too, when it brought along with it gain and credit. Be turned out of a Benefice of 30 l. a year, when to be a silenced Minister was worth a 100. The instances of other sufferers are not very nume∣rous; nor when tryal comes to be made, will, I suppose, be. Where was their Allegiance to King Charles in Queen Richards dayes? Him they courted upon these two accounts, He was an Usurper, and so obliged to secure them in other mens estates, Qualis Rex, talis Grex. And second∣ly, he was an easie fool, and so apt to be ruled by crafty Knaves. Nor did they trouble Him with their Co∣venant; because they were sure to enjoy what they intended by it, viz.

other mens Estates: No matter for the Scotch Government, when without it they can securely keep English Livings. Nor was it of any great Concern to have this Church reformed according to their principles, when the best endowed Churches were reformed into their possession. He who endeavours to per∣swade me to an Oath, himself in cases of danger or profit broke, takes me a Fool, and engages me to take him for a Knave.

If the Covenant be a National Obligation, obliging all, even those who took it not, as well as those who took it, and Posterity into the bargain, (as Mr. Cr. in the sixth Section throughout) none are more guilty than those who imposed and asserted it, because none have acted more contrary to it, according to that loyal sense which is now put on it. The truth is, it is penned so ambiguously, that (like their Con∣sciences)

it might suit all times. They swear in the third Article [To preserve the Kings Person and Authority, &c.] By preserving the Kings person, their practice teaches me to understand preserve, i. e. keep safe▪ i. e. in custody, i. e. in Prison: As for his Authority, that was pre∣served too; where, as things then stood, they could have been con∣tent it should have been continued: That they would have preserved the Kings Authority, I shall not deny but in whose hands let themselves speak. They told us pretty fair at the beginning of the War, See 19 Propositions: All the Kings Privy Council to be approved by them, take such an Oath as they pleased; so likewise the Chancel∣lour, Iudges, the Steward, &c. all the great publique Officers; so like∣wise Peers, the whole Militia at their disposal, and the marriage of the Kings Children, all who had stood for the King, to be at the

mercy of the Parliament. Their o∣ther Proposals were much at the rate of these, I therefore pass them over all, and so I shall their Votes of Non-Addresse, with their Decla∣ration upon them, because shame hath made them buy them all up, so that upon ordinary enquiry they are not to be had, and themselves revoked them when they knew not well how to help it, but were fain to make a vertue of Fear and Spite, and call it Loyalty, at the Isle of Wight-Treaty, where the Kings Party must be first acknowledged guilty of the blood shed in the War, in the Preface, and accordingly treated in the Articles; the Militia, Law-ma∣king, Officers, &c. all in them solely for twenty years, all Peers made by the King since the Great Seal went to him, null; their Great Seal appro∣ved, &c. with much more to be seen in the Articles: And after all this, for fear some Regalia, some

shadow of Authority should have e∣scaped their observation, they only Voted his Concessions a fit ground for e∣stablishing a peace, so that if they could think of any thing else which looked like Authority, they were resolved to have it, for the Agreement was only begun, not made.

As to the Kings Person, I do not finde they can acquit themselves much better; I very well know, that in the actual cutting off the Kings Head, and some other attendant violences, the Army did not suffer the Presby∣terian party to have the whole share of the benefit: but I suppose that will not free them from the whole share of the guilt; except, when two joyn in an unlawfull design, he who is outwitted, is presently inno∣cent.

First, I enquire, whose Army it was? who raised them, furnisht them with opportunity (not at pre∣sent to say, Principles?) Had there

been no more, they could not have been easily acquitted; for a man is responsible for the consequents of his unwarrantable actions, especially if they are foretold, and he will not desist: In that case he can scarce say, He did not intend those conse∣quences, not at all pretend he did not produce them.

In our Law, if a man in his law∣full calling, doth an act, though with∣out his intent or knowledge, by which a man is unawares to him killed, the punishment is severe, though morally he cannot be sup∣posed to help it: As a Mason throw∣ing stones or timber from the top of a House, a Man going by, by chance is killed; but if such a Man doth such an act out of his Calling, it is Death, and that deservedly: So the two Houses, had they professed no hostility to the King, they not being in their employment, the power of the Sword not at all being by our

Lawes vested in them, nor can they make out which way they came by, or who gave them, that Authority; whatever is the consequent of their so doing, they are guilty of it, be it what it will: And truly it is reasonable, that they who will usurp employment, should be obliged to see the Ills of it not to be greater than those which before perhaps they did but fancy.

He who forces me out of the secu∣rity of the Law, and by violence confines me to another protection, is obliged to see that that be not less. And this would have been so, sup∣pose the King to have had the rights barely of a private person: He who without authority of Law, but solely upon the grounds (real or imaginary) of expediency, will com∣mission, enrage, and arm men a∣gainst me, and after their having made them my mortal Enemies, make them my Life-guard, commit

my life to the keeping of those, themselves had often represented me to, as not fit to live; he before God and Man is answerable for my life, without whom those others could have had neither power, nor pretence, nor, in all probability, would have a will to take my life from me.

But (alas) how small a part of the Presbyterian Parliaments guilt is this, from whom they received not only opportunity, but principles and example? They not only enabled, but taught the Army by doctrine and practice. Imprisoning the King, our Law, and common sense too, calls compassing his Death: For in that case, his life, as to the publique, can be nothing but a capacity of taking away theirs, and they all that while are in a fair probability of being hanged. After the imprisonment of a King, suppose him like to escape, and head a numerous party, did he

not deserve to be farther proceeded against? and would not their own security require it? Would they have ever restored the King to the Exercise of any power, till he had assented to what they should please or no? If no, I desire to know first what the Army did more then that? Secondly, what a King he were, who had nothing to do in the Government, but only gro••n under it? And thirdly, why may not they who have Authority to depose a King, and have just grounds, viz the security of the publique, may not for the assurance of that security, put him to death. If they would have restored the King, though he had not tamely said Yes to every Demand, yielded his Crown to save his Head, let them say so for shame, if they can.

What they did, and owned from the beginning, and it may be too justly concluded from the no remorse we finde in them, would own again,

were it not for fear and shame, will justifie the Army from any thing but being their servants, who un∣derstood, and only acted their Com∣mandement. In the first Reason for a War, [The King was but a Trustee, and had broken his trust, which ten∣ded to the Dissolution of Govern∣ment.] That was fair to begin with, [Tended to, &c.] i. e. The relation of King and Subjects was fairly going, and why, if but a Trustee, and the Trust broken, it may not be re-seized; I could almost tell them, I see no cause: Sure it would suffi∣ciently shew their intentions in case of the King, but not at all better their own claim: I would not have the House of Commons triumph too soon; because, as is very evident, they had received their whole power and trust; so both, in the Judgement of him who called them, and those who sent them, they had basely betrayed it.

Again, the King was not King in his personal, but political capacity,

i. e. themselves, against whom therefore to wage War was Treason, according to this, the cutting off the Kings Head cannot be Treason. I shall not deal farther in this, but only desire all those of them who would per∣swade themselves of their own inno∣cency, that they are at least thus far concerned, that they employed and empowered those men, who but for them, never would have been able to accomplish, nor in all likelihood to contrive that black Act; and that after the King had often by rational and convincing Arguments shewed it to be the necessary result of their principles and proceedings: And truely the Army were almost obli∣ged, in their own defence to pull down the King and Lawes, they had so much offended, that they could scarce hope for pardon, nor at all be secured of it, the King being once restored, any farther then they were assured of the Kings regard to Ho∣nour

and Conscience, a thing the two Houses had very unworthily often de∣clared to be none at all.

I cannot but observe how the Parliament thought to order the King, by employing such men as would doe their work throughly. They could not in discretion trust the King, but could an Army, and so betrayed themselves with a great deal of warinesse, as it is very ordi∣nary for men to ruine their own Interest by preferring it before their Duty: And in that case the question is this, Who knowes what is fittest to be done, God who commanded this, or themselves who contrived that: And sure it cannot be other∣wise expected, but that God should declare those who take upon them to be wiser then him, to be very Fools. But in our case, they did not more sacrifice their Religion and Allegiance to Craft and Interest, then they did sacrifice that Craft

and Interest to Passion and Humour; and truely it frequently happens, that they who change Government, do neither mend it as to the Peoples advantage, nor enjoy it as to their own. The chief Instruments of prosperous Rebellion, are usually the Avengers of it, at once expound and chastise the vice, set up a power which is indeed Arbitrary both in the rules and exercise of it, when that they had pulled down one, which was only called so, it fared so with us. The people had as little need to be fond of their Pa∣triots, as they of their Army: Neither of us have cause to com∣plain of any but our selves: It was just with God to permit us our ruine, when we were fond of it, that after we had complained with∣out a cause, we should have cause to complain.

The Parliament and People both say they were unhappy, let us see

whether they were not as unwise, beside the being dishonest.

We employed Mercenary Soul∣diers, to secure our Liberties, we expected that a victorious Army, i.e. Legions of Indigent persons armed with power and want, should secure propriety; after having pulled down their Prince submit to their fellow-subjects; having ventured Lives and Fortunes, and their Souls too, to get a Conquest; having got it, intend only to be called Good Boyes, and then very mannerly retire to their old Trades and Beggery: This was not very probable, that after having beaten their Enemies, their Friends should Vote them down.

Let the Parliament (as they did) tell them of duty, themselves had employed against it, they will obey their command by your own Ex∣ample, act according to the decla∣red sense of the Houses interpre∣ted by their practice: And in ear∣nest

(were it not that Sin and Ven∣geance are not laughing matters) it would make one smile to hear a Rebel earnestly tell others of their Duty to him, conscientiously state the obligation of an Oath to those him∣self had employed in breaking all.

Sir Iohn Hotham told his Majesty, he would obey his Commands signi∣fied by both Houses of Parliament, when the Army afterwards thought they had been Rebels long enough for other mens sakes and advantages, it was time now to be so for them∣selves: Had they then said, they would obey the Resolves of the two Houses delivered by his Majesty, could the most desperate Villain in that Assembly have retorted any thing but a Blush. Is there any dis∣parity here but what is to the disad∣vantage of the two Houses, the King being their Head; nor can they oblige at all without his consent, when as to Militia Affairs, the

King needs not their Authority at all.

We would willingly forget their former Actions if they would suffer us, but their desire to begin again appears by resuming (now all other marks of distinction are worn out) their so long laid aside Original Mark and Bond, whereby to discern and engage their Party, to know their strength, and how to use it: The nature of which being abun∣dantly laid open by the Oxf. Rea∣sons; there needs no more to be said as to the strength of those Rea∣sons, and innocency of the Covenant, then briefly to consider some passa∣ges in both, which Mr. Crofton was willing to mistake.