The generall demands, of the reverend doctors of divinitie, and ministers of the Gospell in Aberdene, concerning the late covenant, in Scotland together, with the answeres, replyes, and duplyes that followed thereupon, in the year, 1638 : reprinted in one book, by order of Parliament.

The Second Demand.

Whether or no we ought to subscryve the foresaid Covenant, see∣ing all Covenants of mutuall Defence, by force of Armes, made a∣mongst Subjects of any degree, upon whatsoever colour or pretence, without the King's Majestie or his Successoures privitie and con∣sent, are expreslie forbidden by King JAMES of blessed Memorie, and the three Estates of this Kingdome, in the Parliament holden at Linlithgow, Anno 1585?

ANSWERE.

The Act of Parliament forbiddeth in the first part, Leagues and Bands of maintenance privilie made, such as are called Bands of Man∣rent, as the act in Queen MARIES time, to which it hath relation,

doeth beare. And in the second part, only such, as tend to the publick▪ disturbance of the peace of the Realme, by moving sedition. But no act of Parliament doeth discharge, nor can any just Law forbid, Conven∣tions or Covenants in the generall; or such Covenants in speciall as are made with GOD, and amongst our selves; not for any mans particu∣lar, but for the common benefite of all; not to move Sedition, but to preserve Peace, and to prevent trouble: which by all probabilitie had been to many, before this time, too sensible, if this course had not been taken. Conventions and Covenants (in the judgement of Juriscon∣sults) are to be esteemed and judged of, according to their diverse ends, good or bad: which made King JAMES of happy memory to take it for an undoubted maxime, That pro aris & focis, & pro pa∣tre patriae, the whole body of the Common-wealth should stirre at once: not any more as divided members, but as one consolidate lumpe.

Replye.

In that second part of that Act of Parliament holden at Linlithgo, Anno 1585. are forbidden, All Leagues or Bands of Mutuall De∣fence, which are made without the privitie and consent of the KING, under the pain to be holden and execute as movers of sedition and un∣quietnesse, &c. Wherefore we can no wayes thinke, that any Bands or Leagues of Mutuall Defence, by force of Armes, are there per∣mitted, (that is, not forbidden) seeing first the words of the Act are so generall, for in it are discharged All Bands made among Sub∣jects of any degree, upon any colour what soever, without his Highnes, or his Successours, privitie and consent had and obtained thereunto. Next; All such Bands are declared to be Seditious, and perturbative of the publicke Peace of the Realme: or, which is all one, are ap∣pointed to be esteemed so. And therefore, we can not see how any Bands of that kynde can be excepted, as if they were not seditious. 2. We doubt not, but the late Covenant being considered, according to the maine intention of those Pious and Generous Gentle-men, Bar∣rons and others our dear Countrey men, who made it, especially our Reverend Brethren of the holy Ministery, is a Covenant made with

GOD, and proceeding from a zealous respect to GOD His Glory, and to the preservation of the puritie of the Gospell in this Church and Kingdome: But we cannot finde a Warrand in our Consciences, to grant, that such Covenants, in so farre as they import mutuall De∣fence, against all persons what-so-ever, none being excepted, no, not the KING, (as it seemeth unto us, by the words of your Covenant, but farre more by the words of your late Protestation, the 28 of Iune; wherein you promise, mutuall Defence, against all externall or inter∣nall Invasion, menaced in his Majesties last Proclamation) are not forbidden by any Band, nor justlie yet can be forbidden. For, first, we have already showne, that they are forbidden in the foresaid Act of Parliament, Anno 1585. 2. No Warrefare; and consequentlie, no Covenant, importing Warrefare, is lawfull, without just Authori∣tie, which, we are perswaded, is only in the supreame Magistrate, and and in those who have power and employment from him, to take Armes: Yea, so farre as we know, all moderate men, who duely respect Authoritie, will say, that it is so in all Kingdomes, and Mo∣narchies, properly so called: (Of which nature is this his Majesties most Ancient Kingdome,) And, that it is altogether unlawfull to Subjects in such Kingdomes, to take Armes against their Prince. For which cause, that famous and most learned Doctor Rivetus, in a late Treatise called Iesuita vapulans, speaking of the judgement of Bu∣channan, and others, who taught, that Subjects might take Armes a∣gainst their Prince, in extraordinary Cases, and extreame dangers, of the Religion, and Common-wealth, professeth first, that he, and all other Protestants, condemne such doctrine. Secondly; That this Er∣rour did proceed from a mistaking of the Governement of the Sco∣tish Kingdome, ••s if it were not truely & properly monarchical. Third∣ly That the rashness of those wrytters, is to be ascrybed partlie to the hard and perilous times of persecution, wherein they lived, and part∣lie Sc••t••r••m praef••rv••do ingenio, et ad audendum prompto. Thus he wry••e••h in the 13. Chap. of the said Booke, Pag. 274. and 275. answering to the re••rimination of •• Iesuit, who had affirmed, that B••c••a••na••, Knox, and Goodman, had written as boldlie, for the Re∣bellion of Subjects against Princes, as any of their Order at any time load done. A thing much to be noted by us at this time, lest we any

more give that advantage to Iesuites, to make Apologie for their rebellious Doctrines and Practises. 3. Not only making of Cove∣nants, but also all other actions, are to be esteemed and judged of, first, by the equitie of the subject, and matter; then, by the ende: For if the matter pactioned (that is, which the parties mutuallie doe promise) be justlie forbidden, by a lawfull Authoritie; and conse∣quentlie be unlawfull in it selfe; then the goodnesse of the ende, or project, can not make the paction, or Covenant, to be good, or lawfull.