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A85184 The league illegal. Wherein the late Solemn League and Covenant is seriously examined, scholastically and solidly confuted: for the right informing of weak and tender consciences, and the undeceiving of the erroneous. Written long since in prison, by Daniel Featley D.D. and never until now made known to the world. Published by John Faireclough, vulgò Featley, chaplain to the Kings most Excellent Majesty. Featley, Daniel, 1582-1645.; Featley, John, 1605?-1666.; England and Wales. Sovereign (1625-1649 : Charles I) 1660 (1660) Wing F591; Thomason E1040_8; ESTC R199 47,903 77

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only Scripture but even Nature teacheth every man That it is an unrighteous thing if not impious and sacrilegious to disanul abrogate and overthrow the last Wils and Testaments of all the Founders of and Benefactors to Bishopricks Deanaries and Cathedral and Collegiate Churches and to alienate their revenues to another end then they intended especially those lands being dedicated to God and that for the maintenance of his true worship and not any superstitious end It is an unjust thing to thrust out a world of men without any crime or legal forfeiture out of their dignities preferments and Estates whereof they and their predecessors have been legally possessed time out of mind I appeal to their own consciences whether a man might lawfully swear to endeavour the extirpation of all the Judges of the Kings Bench and Common Pleas Barons of the Exchequer Serjeants at Law Counsellours Barrestors and Atturneys or of all Maiors Sheriffs Aldermen Common-councel men Masters and Wardens of Companies Sword bearers Officers and Beadles I am sure such an Oath were Votum devovendum and faedus faedum not only an illegall but a detestible and execrable Oath Obj. And what can they alleadg to difference this from such a one If they say Lord Bishops Deans Arch-deacons c. are no where mentioned in Scripture no more is there of Lord Maiors or Lord chief Barons c. Answ Yea but Magistrates and Judges are named though not with such honorable titles So are Bishops and Deacons and there is as great a necessity of Ecclesiastical Magistrates as civill of order in the Church as in the City and State of some preferments and encouragements for Clergy men and Civilians as for Common Lawyers As this Oath cannot be taken in righteousness so neither in judgement for who can judiciously swear to preserve the Doctrine Discipline and Worship of a Nation which he knoweth not How can he swear in truth that he will indeavour to Reform the Doctrine of the Church of England according to Gods Word which he knoweth and hath acknowledged in his former Protestation and subscribed to the Articles of Religion to be as it is conformable there-unto But these reasons have been touched before and the Readers stomachis like to loath Cramben his coctam No Oath ought to be taken or Covenant entred into which is repugnant to the just and wholesome Laws of the Kingdom now in force For to take such an Oath is to swear to sin and consequently to sin in swearing unless they can make disobedience to the Laws of the land no sin But this Covenant is repugnant to many Laws of England namely all those Statutes and Acts of Parliament whereby Episcopal Government and Ecclesiastical Courts are established and regulated To this Argument it is answered by those who have a hand in pulling down that sacred order that hath laid holy hands upon them That the Acts of Parliament are not like the Laws of Medes and Persians that cannot be altered and in particular that all the former Acts passed in favour of Episcopacy are vertually repealed by that Ordinance of both Houses wherein it is resolved That Episcopal Government shall be cut off root and branch Reply 1 But neither is this answer any way satisfactory nor better then their former For first The resolution to make an Act is not the enacting a Law Many things may fall out between such a Resolution and the Execution thereof in which interim they who take this New Oath may absolutely forswear themselves in breaking the Oath of Canonical obedience to Bishops yet in being Though both Houses should concur to make such an Act for the utter abolishing of Episcopacy yet till the Royal Assent were gained thereunto such an Ordinance could never be improved to an Act of Parliament much lesse of force to Repeal many former Acts For as neither the King with the Commons without the Peers nor the King and Peers without the Commons so neither the Peers and Commons without the King can Make or Repeal any Act made by the Three Estates For that which is Established by Authority must be abrogated by equal Authority and the concurrence of the Three Estates in their Votes is that golden tripos out of which we are to hear the Soveraign and authentical Oracles of the Law Contrary Oaths and Protestations may not be taken for they destroy one the other and he that taketh them is like the Satyre in the Poet who out of the same mouth bloweth hot and cold Can the fountain saith St. James out of the same place send out sweet and bitter waters But this new Covenant and Protestation is contrary to that which was taken by both Houses and all the Subjects of this Kingdom May 5. 1641. For in that we swear to maintain the Priviledges of Parliament and Liberties of the Subject and no man doubteth but Bishops Deans c. are Subjects and their liberties and priviledges are expresly mentioned both in Charta Magna and the Petition of Right But in this we abjure all Prelacy that is Government by Archbishops Bishops Deans c. No man ought to sollicit much lesse inforce upon penalties any of the Clergy to take an Oath contrary to the Oaths they have formerly taken both in their ordination and institution and induction into their Benefices namely the Oath of Canonical obedience to their Bishops and of the Defence and Maintenance of the Priviledges of their Sees But such is the Oath comprised in this New Covenant Therefore it can in no wise be taken at least by any Clergy and Beneficed men As for these Clergy men who pretend that they above all others cannot Covenant to extirpate that Government because they have as they say taken an Oath to obey the Bishops in licitis honestis they can tell if they please that they that have sworn obedience to the Laws of the Land are not thereby prohibited from indeavouring by all lawful means the abolition of those Laws when they prove inconvenient and mischievous And if yet there should any Oath be found into which any Ministers or others have entered not warranted by the Laws of God and the Land in this case they must teach themselves and others to call for Repentance not pertinacy in them Reply 1 No man absolutely sweareth obedience to the Laws of the Land actively for then every disobedience to the Laws of the Land should be perjury but actively or passively that is either to do that which is commanded by the Law or patiently to submit to the penalty thereof Which Oath notwithstanding any Member of Parliament may move for the abrogation of such a Law I grant that notwithstanding any ingagement by former Oath a Member of the Parliament may move to have a Bill preferred for the abolition of a Law in case it hath proved inconvenient and mischievous But such are not the Laws by which Episcopacy is estabished and spiritual Courts regulated All the
State nor anxiously to enquire into the reason which moved the first contrivers and projectors of this League to set it on foot at this present and presse it with all earnestness I am perswaded that none will denie that their main scope and aime therein was to engage our brethren of Scotland in the present quarrell for pulling down Episcopacie and setting up the Presbyterie and by this National and solemne league to strengthen their partie and foment this unnaturall war which hath already drained the wealth of the Kingdome and is like to draw out the life-blood also Nemo tenetur divinare say the Canonists neither will I take upon me the office of a Prophet to foretell the Catastrophe of these Tragedies Yet sure I am this Queen of all Islands never received such prejudiced and wrong nor ever was so near the brink of destructions when she drew in forain Forces to defend her self against homebred Enemies and I pray God we experimentally interpret not the mysterie of Pharaohs dream concerning the lean kine which eat up the fat and yet were never a whit the fatter If there be a decree of Heaven that these two Nations shall be drowned one in anothers blood for the crimsons sins of both not yet repented of yet let not us draw this most fearfull judgement upon both Kingdomes by the cord of an oath But to argue syllogistically No Subjects living under a Christian Prince who is a professor of the true Religion and a Defender of the orthodox faith may enter into a publick and solemne covenant for the reformation of religion without the consent much lesse against the expresse command of their Soveraign For such disobedience and sleighting of their King cannot stand with the duty we ow him of fear and loyalty injoyned Prov. 24. 21. My son fear the Lord and the King Eccles. 8. 2. I advise thee to take heed to the mouth of the King and to the word of the oath of God Rom. 13. 1. Let every soul be subject to the higher powers whosoever resisteth the power resisteth the ordinance of God and they that resist shall receive to themselves damnation V. 4. If thou do evil fear for he beareth not the sword in vain Prov. 16. 14. The wrath of the King is the messenger of death Prov. 19. 12. The Kings wrath is like the roaring of a Lion 1 Pet. 2. 13. Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreme v. 17. Fear God honour the King Nor with the prayers of the Church made for him that we may serve honour and humbly obey him in God and for God Nor with the principles of right Reason for the King is the supreme head of the Church and Common-wealth under Christ and all his Subjects conjunctim in Parliament or divisim are but Members of the same Body politick and how should the members enter into a covenant or frame and devise it without the head But the King is so far from yielding his royall assent to this Covenant that he strictly forbids it and that under the pain of Treasonin his Proclamation printed at Oxford Ergo we may not enter into this Covenant nor entangle our consciences with this new Oath This Covenant we make with God and in all things especially the things appertaining to God we must obey God rather then man We have the Kings vertua consent l thereunto for though he be not present in person at the Parliament nor hath given his royall assent under his hand yet this Parliament is called and continued by his authority and his consent is vertually contained in the Votes of both Houses It is a ruled case in Divinity That we must obey God rather then man when God commandeth one thing and man another but when the commands of God and of his Vicegerent upon earth clash not one against another St. Bernards doctrine is most true We must obey him as God who is in the place of God in those things which are not against God When St. Peter and St. John returned this answer to the Councell the Councell forbad that which God commanded God commanded the Apostles to preach Christs resurrection and the Assembly of Priests and Elders forbad them This is not the Covenanters case for where doth God command the English to sweare to preserve the Scotch Discipline and Liturgie which they themselves have often varied Or to abjure Episcopacie which was the only government of the Church for more then 1500 years and under whose shade Christian Religion most flourished and the Church stretched forth her branches to the Rivers and her boughs to the ends of the earth Where doth the Scripture warrant much less command the association of two Kingdomes and joyntly taking up armes in the quarrell of the Gospell and defending and propagating religion by the sword The calling of the Parliament by the Kings authority doth not conclude his assent to all the Ordinances of both the Houses for if it were so why did this Parliament after they had voted the Militia and the extirpation of Prelacie and Pluralities send to his Majesty and humbly intreat his royall assent nay why in all Parliaments since the first even till this day after both Houses had past bills did still the Lords and Commons lay them at his Majesties feet beseeching him in humblest manner to take them up and signe them with his royall hand and if he liked them his answer hath been Le Roy vieut if he distasted them Le Roy s'avisera Did the calling of a Parliament in the Kings name and by his authority vertually include or conclude his Royall assent to all the Acts King Richard the 2d had given his consent to his own deposing for that Parliament wherein he was deposed was called in his name and by his Authority 4. No Covenant especially publike and solemn between two Nations for reformation of Religion may be taken without warrant from Gods word for in every such Covenant God is a partie and his consent must be both had and known which cannot be but from his word Beside this Covenant is bound with an Oath which is an Act of Religion and cultus latriae that is a part of divine worship and if it be not commanded by God it is forbidden in Scripture under the name of will-worship Moreover that golden rule of the Apostle applyed by by him to the use of things indifferent stretcheth also to this case of conscience Whatsoever Oath we take or Covenant we enter into not perswaded in Conscience that we have good ground for what we doe in scripture is sinne to us But this Covenant hath no warrant for it in holy Scripture for from the Alpha of Genesis to the Omega of the Apocalypse there is no vola nor vestigium of such a Covenant as this Ergo this Covenant must not be taken by any who desire to walk exactly before God according to the
Intendents and Super-intendents in Germany Presidents in the Reformed Synods in France and Masters Provosts and Heads of Colledges and Hals in our Universities who have a kind of Prelacy and Authority over the Fellows and Students whereof the major part are Divines and in holy Orders Here I conceive it will be said That none of these are aimed at but only Diocesan Bishops already banished out of Scotland And Prelates indeed they are in a more eminent degree and if Prelacy be restrained to them it is Episcopacy that is principally shot at to the Extirpation whereof I dare not yield my Vote or Suffrage lest this New Oath intangle me in perjury For both my self and all who have received Orders in this Kingdom by the Imposition of Episcopal hands have freely Engaged our selves by Oath to obey our Ordinary and to submit to his godly Judgement and in all things lawful and honest to receive his Commands If then we now swear to endeavour the Abolishing of Episcopacy we Swear to Renounce our Canonical Obedience that is as I apprehend we swear to forswear our selves It is true that the Dr. was furnished with many other Reasons for Episcopacy besides these and of some he gave a hint in the Assembly it self upon other occasions as namely these that follow Dr. Featley's Sixteen Reasons FOR Episcopal Government Which he intended to have delivered in the Assembly immediately after his precedent Speech but was not permitted 1. THat the name of Episcopacy even as it signifieth a degree of Eminency in the Church is a Sacred and Venerable Title first in holy Scripture ascribed to our blessed Redeemer who as he is Dominus Dominantium Lord of Lords so also Episcopus Episcoporum Bishop of Bishops the Shepherd and Bishop of our souls next to the Apostles whose office in the Church is styled by the holy Ghost Episcope a Bishoprick Let another take his Bishoprick though it be translated Let another take his Office yet the Original signifies not an Office at large but an Episcopal function that Office which Judas lost and Matthias was elected into which was the Office and Dignity of an Apostle * lastly to those whom the Apostles set over the Churches as namely to Timothy and Titus who in the Subscription of the Apostles Letters Divinely inspired are styled Bishops in the restrained sense of the word 2 Tim. 4. written from Rome to Timotheus the first Bishop elected of the Church of Ephesus and to Titus the first elect Bishop of the Church of the Cretians How ancient these Subscriptions are it is not certain among the Learned If they bear not the same date with the Epistles themselves the contrary whereof neither is nor can be Demonstrated yet they are undoubtedly very ancient and of great Authority And in them the word Bishop cannot be taken at large for any Minister or Presbyter but for a singular person in Place or Dignity above other Pastors for there were many other Presbyters in Ephesus both before and besides Timothy Act. 20. 27 28. and in the Island of Creet or Candie there must of necessity be more then one Pastor or Minister Besides St. Paul investeth Timothy in Episcopal power making him a Judge of Presbyters both to rebuke them 1 Tim. 5. 1 and to prefer and reward them vers. 17. and to censure them ver. 19. Against an Elder receive no accusation but under two or three witnesses and giveth to Titus exp●esly both potestatem ordinis jurisdictionis of O●der and Jurisdiction of Order in these words Chap. 1. 5. That thou shouldst ordain Elders in every City and of Jurisdiction I left thee in Creet that thou shouldst continue {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} to correct or red esse the things that remained or those things which the Apostle before intended to amend but had not redressed 2. The Angels of the seven Churches Apoc. 10. 20. were no other in the judgement of the best Learned * Commentators both Ancient and Later then the Bishops of those Sees for in those Provinces or Territories there cannot be conceived to be lesse then many hundred ordinary Preachers and Pastors yet there were but seven precisely answering to the seven golden Candlesticks Seven Candlesticks seven lights burning in them these can be no other then seven prime Pastors who had the oversight of the rest for the Errors and Abuses in all those Churches are imputed to them and they reproved for not redressing them Chap. 2. 14. Thou hast them that maintain the Doctrine of Balaam and vers 20. Thou sufferest the * woman Jezebel to teach c. 3. It is confessed by Molinaeus and other Learned Patrons of Presbyterial Government themselves that Episcopacy is a plant either set in the Church by the Apostles themselves or their immediate Successors in the first and best ages of the Church and is it agreeable to Piety to swear the Extirpation of such a plant 4. It cannot be denyed that when the Church most flourished and was of far larger extent then now it is over the face of the Christian World there was no * other Government then Episcopacy regulated by Divine precepts and Ecclesiastical Canons and shall we swear to Extirpate that Government under the which the Church most thrived and slourished Shall we swear against our Prayers viz. for the rooting out of that upon which we are enjoyned to pray God to pour down the dew of his blessing Surely the dew of heaven burns not the root of any Plant upon earth but waters it and makes it grow 5. They were Bishops who had the chiefest hand first in the plantation of Christian Religion in the dayes of Lutius King of Britan and after in the restitution in the dayes of Etheldred King of Kent and in the Reformation of it in the Reign of Edward the sixth and Queen Elizabeth and is it a Religious act to eradicate that Government and Power which both planted and pruned Religion it self 6. Christ died not intestate he made his last Will and Testament and by it bequeathed many Legacies to his Church and among them not onely Catholike Doctrine but Discipline also This Discipline if it be not Episcopal Government moderated by Evangelical and Apostolical Rules the whole Church is guilty of the losse of a Sacred and Precious Jewel for certain it is out of Records of all ages of the Church that no other was ever retained or can be found save this before the Religious Reformer and Magistrates of Geneva having banished their Popish Bishops were after a sort necessitated to draw a new Plat-forme of Ecclesiasticall Discipline by Lay-Elders Christ as the Apostle teacheth us was faithfull in the house of God as Moses and if Moses after his forty dayes speech with God on the Mount received a Patern from God and delivered it to the Jewes not only of Doctrine but of Dicipline also which continued till Christs coming in the flesh it cannot be conceived