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A80839 Berith Anti-Baal, or Zach. Croftons appearance before the prelate-justice of peace, vainly pretending to binde the covenant and covenanters to their good behaviour. By way of rejoynder to, and animadversion on Doctor John Gauden's reply or vindication of his analysis, from the (by him reputed) pitiful cavils and objections; but really proved powerful and convincing exceptions of Mr. Zach. Croftons Analepsis. / By the author of the Analepsis, and (not by the Dr observed) Analepsis anelephthe, to the continuing of St. Peter's bonds, and fastning his fetters against papal and prelatical power. Crofton, Zachary, 1625 or 6-1672. 1661 (1661) Wing C6988; Thomason E1085_6; ESTC R208062 67,248 104

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authority and power which is given him by Law and is necessary for his high calling Is a man bound to take what the Law alloweth him and that whether he will or no if so if our prelate can beg the recognisances forfeited by licensed victuallers allowed by the law to the King it will make his Bishoprick a fat one But how do these cases clear the conclusion to be proved out of Numb 30 there is nothing relating to the Oath of the superiours but the asserting of their prerogative and absolute dominion over their inferiours to irritate or establish their vows what ever the Libeller did Mr. Grofton in his Analepsis allowed the Dr. this Text in its latitude and referred him to be judged by it and now granteth that the inferiour in things not sui juris may have the action vow●d superseded by the declared pleasure of the superiour and that whether it be son or servant but in our case he then affirmed 1. The Parliament sitting had over us a Legislative power to which we owed subjection they were in their capacity the Nation collective and sui juris and to be obeyed during their Session by those whom they represented their power in this Covenant was no less legislative then in the Protestation of May 1641. 2. The King who then was hearing of it did prohibit the Act but never did declare it null and void and Dr. Saunderson concludes the superiours dissent must be exprest in a full formal d●scharge ut t●llendo t●llat renuendo renuat is required to rescinde the oath But our late King advised to keep the Oath his present Majesty sware it sware his consent to it and to the Ordinances enjoyning it and conjured his Subjects to the keeping of it Both these Mr. Crofton suggested in his Analepsis and cleared more fully in his Analepsis Anelepthe which the Doctor should have considered before he had declaimed from the force of this Screpture Mr. Cr. doth not cannot extricate himself by his more serious endeavours whilst Mr. Cr. hath traversed his ground and turned the mouth of his cannon against himself and will offer again to joyn issues with a man acted by reason to establish the Covenant by the force equity analogie of this Scripture or otherwise to let it fall But he must not be worded out of Gods warrant But the judicious Doctor opposing p. ●45 14● counteth Mr. Croftons observations pitiful shifts and not potent solutions and small twigs at which poor Mr. Crofton as a drowning man did catch yea weeds which sink him being of no deep reach nor any skill in swimming You are very right Doctor for Mr Crofton God be thanked could never yet swim with the stream or reach preferment with a profligated conscience But let us see these twigs and weeds he taketh notice of and observe whether the Doctors wits be not run a woolgathering in charging them with weakness Analepsis pag. 12. The first was The two Houses of Parliament are coordinato● and sharers in the Legislation of England and so a constant lawfull authority To this the Doctor replieth He gently observeth a legislative power at least coordinate in the Parliament More modest man he this being out of his sphear otherwise then as a Subject and Casuist yet you might have pleased to observe he hath more strongly asserted and enforced it to the fastning of St. Peters fetters Sect. 4. But the Doctor enquires Can they legally exercise it without and against the Kings consent being not in his nonago nor out of his wits that they may do it without the Kings consent none do or can deny it common practice with the peoples constant obedience doth plainly manifest it as also the Protestation of May 1641. never doubted as to the validity of authority which you say was precarious but Resolves of the House declares to have been authoritative Votes Resolves Orders and Ordinances of one or both Houses do proclaim it and the priviledges of Parliament That the King take no notice of what is debated or voted ordered or acted by them until it be by themselves formally presented to his Majesty And the very nature of coordinate power if the Dr. understand it with their actings in case of his absence by minority or otherwise doth determine it As to the exercise against the Kings consent I shall conclude nothing but commend Mr. Prians Sovereign power of Parliaments to your serious study yet this much matters not in our case for a Parliament duly summoned and rightly constituted hath his Majesties consent to exercise that legislation placed in them so long as they shall continue in that capacity I think no English man will deny this And the legislative power of their Votes Debates Resolves Orders or Ordinances were never gainsaid by his Majesty though the peoples act of swearing the Covenant upon an unhappy difference and misapprehension was by an unusual way inhibited But the Doctor further profoundly demands Are they legislative in fact where there is no law made as none was for the Covenant was there legislation in actu secundo in exercise or act as to commend a writer for a book never writ or an architect for an house never built Where are now your wits good Master of words Is there is no writing or architecture in actu secundo in act and exercise until the whole book be writ or house built I fancied the writing of every page and framing of every board or squaring of every beam and laying every brick to be somthing more then scribendi or aedificandi potentia and if any more how far is it short of actus secundus Is there no Legislation without a full and formal Statute law What do you make of Votes Resolves Orders Ordinances of either or both Houses suspending superseding the Laws and Courts of Judicature directing and disposing the Subjects enquire at the Temple whether these be legislation in actu secundo Let your old friends a little laugh to see the Prelate-Justice his profound notions of legislation But the Doctors enforcement of these premises of legislation in potentia and actu is very considerable At best the two Houses nor King nor both together have any legislative power to decree or execute what is unrighteous against God or man Suppose they have not have they therefore no legislation in actu secundo act and exercise else what is this to the purpose But stay Sir What is that you say King and Parliament have no legislative power to decree or execute what is unrighteous against God or man I must deny this have you never read of wickedness established by a law Had Queen Mary and her Parliament who cast out the true and returnned the false Religion no legislative power by which they did it Doth the injustice of the matter nullifie the authority of the Law and Legislators is impiety enjoyned by a just authority to be actually disobeyed and relisted will not this prostitute legislation to every private