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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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the maintaining and pursuance thereof whereas it is known by their dayly practise that they levie arms against the King seize upon his Forts Ships Magazens and Revenues How can a man take away the Kings Munition and Castles and yet not weaken his power How can a man forcibly incounter and discomfit an Army raised by the Kings power and yet not diminish his power How can a man take away his Revenues Houses Parks c. and not diminish his greatness how can he give him battle and yet defend his Person Therefore before we enter into this Covenant to make up all the breaches in the Church and Common-wealth we must make up the breaches in the Covenant it self before we reconcile and unite the three Kingdoms we must endeavour to reconcile the contradictions in this our Oath and Solemn League Either this League and Covenant confirmed by oath is free and voluntary or forced and compulsory If it be free and voluntary why is there annexed a most severe penalty to be inflicted upon all those who refuse to enter into it before the first of March If it be forced and compulsory how is it a Covenant especially with God who respecteth not our words but our hearts If it be a constrained Oath imposed upon us whether we will or no then it is a heavy yoke laid upon the Conscience inconsistent with our Christian Liberty and the requiring it of us is not like to procure a blessing from Heaven to the Land but to pull down the vials of Gods vengeance upon it If Tertullian could say Non est Religionis Religionem cogere it is no religious act to force Religion we may swear that such a constrained Oath is no way acceptable to God Well it may be tearmed in our language a League or Covenant but in the language of Canaan it is not so For Berith a Covenant comes from Bara which signifieth eligere saith Buxtorfius that is to chuse Neither is it any act of vertue in Aristotles School for virtus est habitus electivus a habit whereby we exercise our free choice None ought to swear to that he knoweth not for an oath must be taken in judgement truth and righteousness Jer. 4 2. A man cannot swear in judgement or judiciously who knoweth not that to be true in an assertory Oath and honest and righteous in a promissary which he sweareth unto For if that be false to which he sweareth he is perjured and if it be a dishonest thing which he promiseth to do he is unrighteous Besides it is great precipitancy and rashness to enter into a Covenant blind-folded and to swear to maintain that we understand not But the subjects of England at least for the major part know not what the Scotch Discipline Government or Worship is which notwithstanding by this Covenant they are bound to preserve even with the hazard of their fortunes and lives We do not swear to observe that Discipline but to preserve it I may preserve that which in point of conscience I cannot observe or at least not swear to observe The wives sons and daughters in Nehemiah's time took a Covenant who yet knew not in particular what that Covenant did bind them to Students in the University take an Oath to observe the Statutes Apprentices in London to maintain the priviledges of the City and all of us in our late Protestation the Liberty of the Subject and yet neither Scholars nor Apprentices nor we know in particular all the Statutes and priviledges we swear to observe and defend These Answers yield no stay at all to support a weak and doubting conscience for such as our Oath is such must be our knowledge what we swear to in general we must know in general whatwe swear to in particular we must know in particular But in this Covenant we are sworn to preserve the reformed Religion in Scotland not only in general so far as it is Protestaut but in the particulars therenamed Doctrine Discipline Government and Worship which we cannot do if we know not what they are unless as the Papists believe so we swear fide implicitâ Mr. Case gives us a Rhetorical Agnomination for a Logical Solution a Jingle for a Distinction It is true that to preserve and observe is not all one A thief that observes a Port-manteau or a cap-case behind a Traveller doth not intend to preserve it for him yet as a man cannot observe that he sees not so he cannot in judgement swear to preserve what he knows not The wives sons and daughters in Nehemiahs time who entered into that Covenant knew in particular what it was namely to put away their strange wives and the Text saith expressely that none took the Covenant but such as understood it and therefore I confess I understand not how this example is to the purpose The case is far different between the Statute Liberties of this Kingdom and the Discipline and Government of another Kingdom Our Statute Liberties and Priviledges are in continual use we know most of them and concerning those we know not we may easily inform our selves out of the Books of Statutes and Records But for the Scotch Government of the Church and Liturgie not one of a hundred among the learned nor one of a thousand of the illiterate vulgar are instructed in it neither can we know certainly where to find it For the Scotch have no Book of Canons or set Form of Prayer ordered by their Church and ratified at this day by the Royal assent as we have I cannot conceive any reason why the Subjects of England should be bound by Oath to preserve the Discipline and Liturgy of Scotland whereas the Subjects of Scotland are not at all bound nor to be bound to preserve the Discipline and Liturgy of the Church of England It seems altogether unreasonable that we of this Realm should be bound by Oath to preserve that Government and Form of Worship in Scotland which Scotch themselves are not necessarily bound to observe For they have often and may still change it at their pleasure In the 18. year of Queen Elizabeths reign they conformed to the Church of England as Buchanan relateth in his Scotch story after they conformed to the Church of Geneva upon which occasion Bancroft wrote the Book entituled English-Scottizing and Scottish-Genevating In King James his Reign of blessed memory they returned in part to the English Form of Government but since of late to the French To swear then to preserve them in their Discipline Government and Worship is to swear to keep a Camaelion in one colour which changeth colour every hour No English man ought to enter into a Covenant which is derogatory to the honour of the Church and Kingdom of England For he deserves not to enjoy the singular priviledges and commodities of this Land nor so much as breathe English air who will not stand up for the honour of this Nation Omnes omnium
the Statute of the 25th Year of King Edward the third And We do likewise hereby forbid and inhibit all Our Subiects to impose administer or tender the said Oath or Covenant And if notwithstanding this Our Gracious Proclamation any person shall presume to impose tender or take the said Vow or Covenant We shall proceed against him or them with all severity according to the known Laws of the Land Given at Our Court at Oxford the One and Twentieth day of June in the Nineteeth Year of Our Reign God Save the KING a Malach. 4. 2. b Psal. 13. 43. c Sat. 8. d M. T. Cic. in Tusc. qu. l. 2. e Max. Serm. de benef. f Aelius Lamgrid g Plut in apoph h See his Life and d●ath in a bo●k entituled 〈◊〉 {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Hos. 13. 9. Mar. 5. 26. Sen. de benef. Psal. 126. 5. Aug. Serm. de Johan Bap. Cyprian Se●n l. 4. de im nort Mat. 8. 24 25. Mat. 16. 26. Mat. 13. 46. Mr. Nye p. 21. Our last refuge Tabula post naufragium Hendersons Speech p. 32. Were this Covenant written on the plaster of the wall over against the Pope Beshazzar-like in his sacrilegious pompe it would make his heart to tremble his countenance to change his head and Miter to shake his joynts to loosen and all his Cardinals and Prelates to be astonished at it E. W. his Preface to the Solemn League It is the cleerest that ever was penned here below the finger of God is in it too By help of that hand which wrote the Ten words first this was indicted and written sure enough for truly it is as the good Word of God The Covenanters answer Reply See Mr. Coleman his Sermon The Covenanters answer Coleman serm. p. 21. Nye's Speech p. 15. Reply 1. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Eccles. 5. 1. The Covenanters answer Mr. Case serm. p. 42. Ch. 10. 28. Mr. White in a Sermon at Lambeth Reply 1. Ch. 10. 28. See the Assembly at Perth Cic. off Eras. Adag. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} The Covenanters answer Eras Adag. de tripode dictum Jam. 3. 11. The Covenanters answer See exhortation to the taking of the Solemn League p. 4. Article 36. Heb. 13. 7. The Ordering of Priests Quest Will you reverently obey your Ordinary and other chief Ministers unto whom the Government and Charge is committed over you following with a glad minde and will their godly Admonitions and submitting your selves to their godly judgements Answ I will so do the Lord being my helper Ob. Sol. Ob. Sol. Math. 7. 1. Gal 5. 15. Gal. 6. 2. Divin. Instit. lib. 5. c. 20. Mat 26. 52. 1 Pet. 2. 25. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Act. 1. 20. * Ambros. com in Ephes. cap. 4. v. 10. Apostoli sunt Episcopi Jerom. ad Marcel Apud nos Apostolorum locum tenent Episcopi Cyp. c. 7. l. 3. Apostolos ●d est Episcopos praepositos Dominus elegit August in Psal. 45. loco patrum erunt silii id est Apostolorum Episcopi Et ibid. Dilatatum est Evangelium in omnibus sinibus mundi in quibus principes Ecclesiae id est Episcopi sunt constituti * Aug. Ep. 162. Comment in Apoc. hom 2. Ambrose 1 Cor. 11. 16. Occumenus Arethas Marlorat Pareus in Apoc. c. 1. 2. Policarp Episcopus Smyrnae Onesimus Ephesi Antipas Pergami c. * Edit Teclae it is {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} thy wif which demonstrateth that the Angell there signifieth one singular man of Authority in the Church and not the whole Clergy of that place Ep. ad Episc. Winton * Concil. Nice Can. 5. Conc. Antioch Can. 6. Concil. Sard. Can. 14. Conc. Chal. Act. 15. c. 29. Ignatius in Ep. ad Philad. Irenaeus l. 3. c. 3. Tertul. l. de baptismo Euseb. l. 6. c. 40. Jerom ep ad Nepot Optatus l. 1. cont. Parmen. Amb. in Eph. cap. 4. Basil Eph. 70. * Epiphanius Haeres 75. p. 295. Aug. ad quod vult Deum Aëriani ab Aërio quodam sunt nominati qui cum esset Presbytr doluisse fertur quod Episcopus non patuit ordinari dicebat Presbyterum ab Episcopo nulla differentia debere discorni Hieron. in Tit. Con. 1. Art 15. c. 29. Episcopum in Presbyteri gradum reducere est sacrilegium Anatolius Constant Episcop dixit ij qui dicuntur ab Episcopali dignitate ad Presbyteri ordinem descendisse si justis de causis condemaantur nec Presbyteri honore digni sunt See Art 36. l. de Consecrat It is evident to all men reading holy Scriptures and ancient Authors that from the Apostles time there have been these three Orders in the Church of Christ and that a Bishop ought to correct and punish such as are unquiet criminous and disobedient within his Diocess according to such authority as he hath by the word of God * Vide Record in Exchequer I will preserve and maintain to you and the Churches committed to your charges all Canonical Priviledges and I will be your Protector and Defender to my power by the assistance of God as every good King in his Kingdom in right ought to defend the Bishops and Churches under their Government c. Then laying his hand on the book on the Communion Table he saith The things which I have before promised I shall perform and keep so help me God and by the contents of this book * Cic. Tusc. quast Ob. Sol. * Pro Mur. tolle nomen Catonis * Statut. Edw. 3. Ann. 25. The Church of England was founded in the state of Prelacy c. for we ow to it our best laws made in the Saxon times and Charta Magna it self The enion of the two Roses York and Lancaster the marriage with Scotland and above all the Plantation and Reformation of true Religion See Vindication of Episcopacy pag. 23 24. See also the Statute book of 16 Rich. 2. where the Commons shew That the Prelates were much profitable and necessary to their Soveraign Lord the King and the Realm c. † Jerome Advers. Luc. c. 4. Ecclesiae salus à summi sacerdot●s dignitate pendet cui si non exors quaedam ab omnibus eminens detur protestas tot in Ecclesia efficientur Schismata quot sacerdotes Cypr. Ep. 3. Non aliunde Haereses abortae sunt aut nata Schismata quan inde quod sacerdoti Dei non obtemperatur nec unus in Ecclesia ad tempus sacerdos al tempus judex vice Christi cogitatur * Athanas Apol. 2. Colithus quidam presbyter in Ecclesia Alexandrina alios Presbyteros ordinare praesumpserat sed rescissa fuit ejus Ordination omnes ab ●o constituti Presbyteri in laicorum ordinem redacti See Epiph. Haer. 75. The order of Bishops begets Fathers in the Church but the order of Presbyters Sons in Baptism but no Fathers or Doctors See also G. Abbot in his Tract of the Visibility of the Church and in his Answer to Hill * Apol. Confess Augustan c. de numero usu Sacrament Not saepe protestati sumn● summa cum voluntate conservare politiam Ecclesiasticam gradus in Ecclesia factos etiam summa authoritate scimus enim utili consilio Ecclesiasticam disciplinam have mode quo veteres eam describunt constitutam * Luther Tom. 2. p. 320. Nemo contra statum Episcoporum veros Episcopos vel bonos pastores dictum putet quiquid contra hos tyrannos dicitur † Gerard de Ministerio Eccles. Nemo nostrum dicit nihil imeresse inter Episcopum Presbyterum sed agnoscimus distinctionem graduum propter {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Ecclesiae ut concordia conservetur * Calv. de necess reform Ecclesiae Talem nobis Hierarchiam si exhibeant in qua sic emin●ant Episcopi ut Christo subesse non recusent ut ab i●o tanquam unico capite pendeant ad ipsum referantier in qua sic inter se fraternam societatem colant ut non alio modo quam e●us verit●te sint colligati tum vero nullo non anathemate dignos fateor si qui erunt qui noa eam reverenter summaque obedientia observent † Beza de grad. Minist. Evang. c. 18. Sess. 3. Quod si nunc Ecclesiae instauratae Anglicanae suorum Episcoporum Archi episcoporum authoritate suffultae perstant quemadmodum hoc illis nostra memoria contigit ut ejus ordinis homines non tantum insignes Dei Martyres sed etiam praestantissimos Doctores Pastores habuerit c.