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cause_n court_n defendant_n plaintiff_n 3,417 5 10.5128 5 true
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A80836 [Analēpsis anelēphthē] the fastning of St. Petrrs [sic] fetters, by seven links, or propositions. Or, The efficacy and extent of the Solemn League and Covenant asserted and vindicated, against the doubts and scruples of John Gauden's anonymous questionist. : St. Peters bonds not only loosed, but annihilated by Mr. John Russell, attested by John Gauden, D.D. the league illegal, falsly fathered on Dr. Daniel Featley: and the reasons of the University of Oxford for not taking (now pleaded to discharge the obligations of) the Solemn League and Covenant. / By Zech. Crofton ... Crofton, Zachary, 1625 or 6-1672. 1660 (1660) Wing C6982; ESTC R171605 137,008 171

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Covenant The first on-set in order to the proof of what is affirmed is by a kind of Preface with relation to the Ordinance enjoyning the taking of the Covenant which he supposeth laid aside and not enlivened into an Act and therefore he takes it to be dead in Law and shall hold himself free from the Bond of the same But Sir it will abide a Dispute against a stouter Polititian than I judge Mr. Russel to be whether His Majesties assent testified by publick Oath and Declaration to the Ordinance for taking the Covenant have not enlivened it into an Act. 2. The Ordinance may be dead in Law and yet the Oath enjoyned by it alive in conscience for the one hath done its work in laying that obligation which now abideth worketh will work and cannot be hindred and then nothing but ignorance of the nature of an Oath can lead a man to argue the Ordinance which brought me under it is dead Ergo I hold my self thenceforward free from the Bond of the same If St. Peter leap out at such Loop-holes he will be locked under heavy judgements Is the Prisoner released because the Warrant is of no more force than to bring him into Prison and secure the Jaylour for keeping him therein Having past this Preface he proceeds to his Argumentative part and makes a great pudder about the power of Superiours over their Subjects in private particular and promissory Oaths and with the instance of Abraham and his servant in the case of taking a wife unto Isaac wherein I shall grant unto him that in all particular promissory Oaths grounded on condition it is in the power of confederates whether Superiors or Equals to relax the Obligation by not exacting the performance only I would tell him he is mistaken in his instance of Abraham and his Servant for the Oath of the fervant was not released by any act of Authority in Abraham but if it had been released it had been by an impossibility of affecting the matter and therefore the servants quaery on the peradventure the woman will not be willing to follow me into this Land was not a supplicate for an Authoritative Release but a scrutiny into the Extent of the Oath how far he was herein bound which is plain by the quaery it self Must I needs bring thy son again into the Land from whence thou camest On which Paraeus noteth that this was in the servant Paraeus in Gen. 24.5 Prudentia singularis ne juret nisi de possibili and therefore I must tell him that I do not believe the father or husband who may establish the Vow of the Wife or Child can afterward make it void again and because he may be unwilling to learn of me I would commend Dr. Sanderson to be his Tutor he will teach him one Lesson which confuteth his whole Argument he would have managed and the Notion on which he doth bottom it Superiorem si expresso consensu suo sive Antecedente sive subsequente promissionem subditi semel confirmaverit De Juram Praelect septima sect sexta p. 223. non posse eandem irritam facere aut obligationem ejus tollere By this position concerning particular private promissory Oaths he pretends to pave his way to the grand question in hand and as by by Rules in Military Discipline to make his approach at a reasonable distance and make good his first ground on which he stands so sure that he advanceth not one step higher but as if at work in * A rude and rough pavement in Cheshire done in the night as tradition saith by the Devil who could not leave it till done Wakefield Pavement or hurried about by some Fairy Dance he traceth to and fro at all uncertainty but is still found in the same place unto the end of his Book one while he can find no publick Covenants whereto to compare ours which is of no moment let him make good his Position by Demonstrative Reason we will admit our Covenant to become the first publick President Another while he keeps a stir about the nature of the Covenant which he will needs have to be in the Form of it a civil and human Creature subject to infirmity to be taken away by men and that it is an Oath though the Heathen did ever make Juramentum and Religio to be synonimous in publick Contracts because an Oath was a most eminent Act of Religion at length he stumbles out his notion and fancy in a Parable and pursueth that forgetting Theologia Parabolica non est Argumentativa that Parables prove nothing but proving it to be versatilis materia ut huc illuc trahi imo duci possint pliable to any wild and quick fancy he endeavours to bend it to his purpose but so very dully that he cannot but lose his end He tells us that an Oath is a bringing a Trial into Gods Court wherein the Imposers are the Plantiffs the Covenanter or him who sweareth is the Defendant and God is the Judge the which makes as good Musick as Asinus ad Lyram all that I read did ever make not the swearing but the exaction of the performance of an Oath to be the Suit in Gods Court and the Oath or Covenant to be the cause and ground on which the Suit is brought and God as well as man to be the Plantiff and a Party as well as a Judge in every Oath by reason whereof the Oath can never be discharged because no man can release Gods Right and Interest in an Oath De Juram Praei sept Sect. 4. pag. 214. So Dr. Saunderson doth expresly teach In Juramento promissorio non tantum proximo fit obligatio sed Deo praesumptio igitur non ferenda esset si terra cinis assumeret potestatem tollendi obligationem qua homo obligatur Deo which quite overthroweth his drift and aim which is That if men will not exact the Oath or be content that it be not performed God the Witness and Avenger or Judge of it is tyed up and he will not expect it or punish for the neglect of it But Gods thoughts are not mens thoughts he that sweareth binds his soul unto the Lord and must perform the thing that cometh out of his mouth When his dull Genius had made a dark discovery of this nature of an Oath he pretends to resolve an Objection That when the Covenant was administred the Trial was finished he means founded for the Suit was not commenced till performance be exacted and a Bond was put upon the consciences of men by the immediate hand of God and therefore we say no human power can take off this Bond. Unto this he gives a most profound Answer which thwarts and overthroweth the whole scope of his Book and makes it appear he is rowling Sysiphus stone which still returns upon him and reneweth his labour his Answer is I say so too what would you have more Nothing for it is enough yet