think if they could do it It is only to answer the Sheet which was tendered to the Parliament about two or three Sessions ago for taking away the Subscription and Oxford Oath and which shall be in order therefore by and by repeated We would give all the Money in our Purses with a Tax or without any upon condition that the Parliament would either have such Arguments of ours answered or else repeal their Impositions There are Three things enjoyned in the Act of Uniformity Re-ordination The Declaration The Subscription As we have borrowed thus much already from a late Paper of the Author now intimated So shall we make use of others of the same person in the which follows We begin with the Threshold Re-ordination It must be acknowledg'd by both Parties That Re-ordinvtion is an uncouth thing quite against the Hair of the literate World whether Fathers Councels or Modern Divines Protestants and Papists and put usually into the same Predicament and more especially by Austin with Re-baptization If the present Bishops therefore in the imposing of it would have stood by it and maintained the Lawfulness of it as being neither against the Law of Nature nor positive Institution but as having rather the Examples of the Apostles and of Paul and Barnabas more particularly for it with what else by some is urged against the stream barely of humane Authority this would perhaps have looked handsome and the ingenuity of it would have been notable But when they would generally have it imposed and yet disown it and be ashamed of it in so much as though there be few or none ordained by Presbyters but believed the validity of that Ordination they would have our former Ministry to be null and make us contented in effect to be held but usurpers of holy things Sacrilegious persons and all our Ministerial Acts void as the Acts of meer Laicks before it is really so intollerably vile as no mortal flesh is able to bear It is true there is one Instance from Antiquity out of Athanasius of some persons with Ischyras among them whom they would not allow as these hold to be Ministers because one Coluthus that ordained them was only a Presbyter Unto which may be added the Story of the purblind Bishop 2. Concil Hispal 3. Can. 5. circa An. 656. But we answer with Dr. Field on the Church in his Fifth Book It is one thing what they judged according to their Ecclesiastical Canons and another what they ought to judg according to the Word of God The Scripture makes no difference between Bishop and Presbyter the Superiority and Inferiority arising after in the Church And when we are made Christs Ministers and put in office by him according to his Word how shall that Authority be vacated for something wanting only in the Constitutions of Men Here is a matter of Infinite wrong which the opinion of these Men do us It takes away the Office Christ hath given us and holds it null If it was a grievous thing in the late times to put one of these Ministers out of his place what is it to put so many of us out of our Office There is no Person almost of Spirit but will be ready to part with his life as soon as the Honour he holds from the King and shall not the Ordained Minister maintain the Right which he holds from Christ When so many eminent Predecessors to these Bishops and other Defenders of this Church have maintained Presbyterian Ordination When the Reformed Churches abroad have no other When the Case was such as that there was no other to be had here in the late times When not we alone then are concerned only in the wrong but our Lord and Master whose cause it is and whose business we are to do and the Souls of so many people We cannot but appeal to the Higher Powers in a matter of so great right and wrong as this is For we are contented to have it revised and judged whether the Diocesan Bishop be distinguishedly named in Christs Charter for Ordination as he is in the Canons of Men Or when we have been ordained already as Timothy by the laying on of the hands of Presbytery whether the Lawn be de Essentia to the Ceremony and the Hands avail nothing without the Sleeves on The next thing is the Declaration I A. B. do here declare my unfained assent and consent to all and every thing contain-and prâ—scribed in and by the Book Entituled The Book of Common Prayer and the form of Ordaining Bishops Priests and Deacons That is assent to all and every thing contained in and consent to every thing prescribed by these Books Sirs There was a time when that the Nation had the hopeful overture of a Concord between the sober of two parties and the Hearts of most Men were in preparation to receive it But alas instead of such a Gratious and Blessed Issue as was expected loe here the streight injunction of an Assent and Consent to all Conformity and every thing of it new and old to be approved and obeyed or else one part of the Ministry must be immediately turn'd out How can those now whose Judgments are and have been still for moderation between both opinions in times before as now be able to come over to one side altogether on such terms as these How can they we say make so short a turn as this without the hazard of some sprain to their Conscience if they do it We cannot tell you perhaps nor are willing to declare the Impressions we have upon our Spirits against a going back from that more Spiritual Plain and simply zealous Service of Almighty God in the way we were in and Reformation we sought unto that something we are not used to and fear to wit unto a form of Worship and Discipline that carrying a countenance of both but being rather only a kind of Idols thereof doth seem to us by the shew pomp and complement of the things it contains not to undermine the Life Power and Efficacy of one and the other We cannot tell you perhaps what moves us so much from within whether fear of Popery returning on us or aliquid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But we will produce Two or Three Instances apiece against Assent and against Consent to that which is injoyned that we may approve our selves to the Consciences of all as well as our own in refusing this Declaration For our Assent In the Athanasian Creed we find this passage Which Faith except every one does keep whole without doubt he shall perish everlastingly One of the Articles of this Creed is this The Holy Ghost is of the Father and the Son In this Article we know the Greek Church hath differed from the Latin and held That the Holy Ghost proceeds from the Father only If we give our Assent then to every thing or passage contained in this Book we must believe the Greek Church undoubtedly damned And what if
the Constitution Let us suppose therefore the word Government confined only to the Constitution There is the Constitution of the Government in the State which is a Legal Monarchy and this indeed we are so far bound from endeavouring to alter as that we think it is not alterable by the King himself and Parliament because that Supream Power for the Administration must be supposed in all Communities to be derived from and held by the Constitution But as for Government in the Church we are to know and acknowledge that the Constitution hereof it self is but a Law of the Administration in reference to the State And consequently when all Laws for the Administration are liable to the Regulation of Parliaments the great question will remain how those Men who are Presbyterian or Independent in their Judgment and think Episcopacy against the Scripture can be abridged the Endeavour only afore-mentioned which consists but in choosing Representatives and doing no more than the Consitution allows in order to the prosecution of what they think themselves obliged to in Conscience both by Oath and the Word of God Is not the foundation Liberty of the whole People and our selves with them here in danger Judg ye that are wise And what an anointed Plot have we had here on the Nation that Allegiance in effect should be sworn to the Bishops as well as to the King For the Words then or Form we wonder at this Rigour in the Compiler that a Man must swear not to endeavour any Alteration Had it not been enough to be engaged not to endeavour the Alteration of the Substance of our Government Episcopacy in the Church and Monarchy in the State but must it be not any Alteration It were well we were so absolutely perfect And again must they not at any time endeavour any alteration What if times should turn and we be in as great a confusion as we were or any the like chance or change come Must these Men be bound up that they cannot endeavour to reduce back this Government that we have No not the King and Bishops if the Iniquity of the times should put them out for they have sworn they will not at any time endeavour any alteration in Church or State Sirs The matter of this obligation being against the fundamental Freedom of the Subject and Parliament and the words you see so ensnaring and that against the duty all owe to the publick good We offer it you to consider in the first place whether this last part be according to Righteousness For the middle part of the Oath Here is a position of taking Arms by the Kings authority against any Commissionated by him which must be sworn to as abhord and traiterous There is now a Case in the mouths of all the understanding Refusers of the Oath and Subscription Suppose some Writ sued out and comes to the Sheriffs hands and suppose some to oppose the Execution by the Kings Personal Command or Commission and he thereupon raises the posse Comitatus upon them We will ask here whether the Sheriff acts not herein by the Kings Authority We think it cannot be denyed By the Kings Authority is all one as by the Law or in the Name of the King according to Law And when he can act so against any for all their Commission and the Law will bear him out how is this position in this Case traiterus and to be abhord for our parts we do resolutely believe that it was not ever the intent of the Parliament in this Oath or the Subscription as to the Major part we may be bold to advance the personal Will or Commission of the King above Law which were to make his power despotical and not Royal. Non est Rex says Bracton ubi dominatur voluntas non Lex He is no King that governs by his will and not by the Law And how this position indefinitely without exception of this Case at least must be sworn to as altogether traiterous we are to learn What if any should come with a Commission under the Seal to raise Money without an Act of Parliament and by vertue of such Commission shall seize our Goods rifle our Houses and ravish our Wives May not the People or our inferiour Magistrates or the Sheriff for the County withstand such violence May not the Constable alone by a Warrant from the Justice to keep the Peace raise the Neighbourhood and do it If he may or the Sheriff may it must be in the Name of the King or by Authority of the Law and then is there some Case or Cases where Arms or Force may be raised by the Authority of the King against such as are Commissionated by him though never against his own Sacred Person Suppose again that Papists or Fanaticks should either by Power or Surprize at any time get the King into their hands as the Duke of Guise once dealt with the French King and prevail with him for fear of his life to grant Commissions under His Hand and Seal destructive to the Church and State must the Nation be remediless in this Case and so the King and Kingdom ruin'd by these Commissions Nay what security hath the Nation that a Lord Keeper may not prove Traytor to his King and Countrey If we may suppose such a thing possible what if such a Lord Keeper should under the Broad Seal grant Commissions to disband His Majesties Life Guard deliver up the Navy or Sea-port Towns seize the Tower or places of strength in what a Condition were the King and Kingdom brought if the Subjects hands be bound up by an Oath not to resist or take Arms against the execution of such Commissions Suppose but so long as till they understand his design for by that time the whole Nation may be past recovery We are offended at the sense and stand amazed at the horrour of those sad Consequences into which the Imposition of such like Tests or Injunctions as these if not timely retrenched may lead our Posterity The Courts of Law can avoid the Kings Charters or Commissions which are passed against Law for the King is subject to the Law and Sworn to maintain it says Judg Jenkins in his Works p. 48. As for the form then of the words I abhor this Traiterous Position they are harsh the word abhor especially is a word of interest and passion a cooler word as I disown or disallow might have served Some of the more Grave as Calamy particularly were much offended at that word A Man may say a thing is unlawful in his Conscience when he cannot say according to truth I abhor it There is never a Gentleman in the Land but may swear truly that he believes it unlawful to company with any other Woman as his own Wife but if each one was put to swear he abhors it we suppose some very good Sons of the Church as well as our Brethren would be found willing to be Non-conformists to such an Oath Well
THE Peaceable Design BEING A MODEST ACCOUNT OF THE Non-conformist's Meetings With some of their Reasons for Non-conformity And the way of Accommodation in the matter of Religion Humbly proposed to publick consideration by some Ministers of London against the sitting of Parliament in the Year 1675. Printed in the Year MDCLXXV TO THE READER WE humbly Judge our Circumstances have made it something necessary to give the World a Tast of some of those many reasons which have prevailed with us to be averse to that conformity which we are called to by Law Which had it sprung from any Disloyal or Rebellious Principles could not have been consistent with that inward Peace which we must judge our great concernment to be solicitous to maintain We hope save in the matters of our God the Principles which are truly ours will urge us to be subject unto Authority and we do here profess that it is our full perswasion that the Powers in being are of God and that should we do any thing derogatory to their due Honour Rule and Interest it would be wickedness to be punish'd by the Judge and introductive of our Eternal ruine and damnation We are not unmindful of the high charges which are laid upon us to Honour the King and to be subject to the Higher Powers And God forbid that we should ever desire or design to enter into the Tents of those who are inclin'd or love to smite authority with either hand or tongue or to supplant the Throne which God hath honoured and guarded both by Laws and providence We cannot think the Sword well placed in Peters hands nor that the Tongues or Hearts of any should be inflamed with rage nor exercised with an arbitrary censoriousness of Rulers actions seeing we neither can nor is it fit we should stand upon equal ground with them But we hope it cannot and that it will not be charged upon us as our crime or as the production of insolence to tell the World wherein and how we are distressed nor to make our modest offers and proposals and humble supplications as on the Knee unto our Rulers in whose power God hath placed it to alleviate or remove our burthens And it is their help and pity we earnestly implore Our perplexities are afflictive and our burthens heavy on us The reasons of our Non-conformity we in part offer modestly to our Superiours and as prostrate Supplicants at their feet we crave their consideration of them The Souls of Men are precious Gods Honour is our undoubted Interest and End Our own Liberty to Preach Christ not Sedition Treason or Rebellion is dear and would be grateful to us And the Character of our Consecration to God in the Gospel of his dear Son engraven on us at our Ordination we take to be indelible And we doubt not but that all who are acquainted with the Laws of Christ will own his charge upon us to be indispensible If we be dissatisfied about imposed terms of this our Ministerial Liberty we crave the Resolution of this weighty Case from our judicious learned and serious Fathers and Brethren in the Service of the Gospel We hope we are not too obstinate to receive convincing evidence and information from them only when we have but named some things as we pass which are of more general notice such as two of those three Heads laid down p. 20 21. we deplore a disquisition or satisfaction candidly sutable to their importance and the Volumes of dispute that have been writ and might be pointed to by us for enlargement We seriously promise them a quick and full retreat from our mistakes and hearty complyance with them when they offer what is truly fit to satisfie our doubts about matters in dispute betwixt them and us We have long born with patience many a smart reflection on us from both the Press and Pulpit together with all the severities to which we have been exposed by vertue of those Laws that have been made against us And yet resolve to use no other Weapons than Prayers and Tears the antient Weapons of all afflicted Christians nor shall our minds be we trust at any time exasperated into illegal courses for our own relief for such unwarrantable and justly condemned Principles we disown And we hope our peaceable principles tempers and demeanors will not turn to our disadvantage We have here laid our Case and Reasons a little open together with some proposals for a desired accommodation for our joynt promotion of that Work which is professed to be dear unto us all that so the prosperity and strength of Church and State may be promoted by us all without occasions of or inclinations to those mutual animosities in the Church which will become the sport and strength and great advantage of forrein and domestick Enemies and our great shame and disadvantage here at home As to the Materials of this short Treatise they have mostly been derived from a late Author whose Spirit in all his Writings hath breathed Peace at such a rate as that we think we may entitle him to the Character which St. Paul once fixed on Timothy that he naturally careth for the Peace and Wellfare of the Church of Christ and in that part especially which God hath seated in these His Majesties Dominions We humbly deprecate all Mens displeasure and crave the pardon of that excellent person whose Words and Actions seem weighed and governed still by His tender Conscience that two or three of us have so boldly and freely used his Writings without engaging his personal concernedness in the publication of these Sheets wherein we do assure the Reader That he had no hand as to the Printing or Publication of them whatever other use be made of him as to his Books and Papers Reader consider what is here offered to thy perusal and weigh the whole matter in an equal Ballance and pray with us that the intire interest of Holiness Truth and Concord may be establish'd and promoted to Gods Glory and the compleat felicity and security of His Majesty and of the Church and State in these His Dominions ERRATA PAg. 1. l 7. dele of 11. l. 14. add only p. 2. l. 5. add our p. 3. l. 24. for the r. that p. 4. l. 11. add lay l. 12. dele lay p. 6. l. 6. add of p. 9. l. 4. add Schoolmen p. 12. l. 19. for contain r. contained p. 16. l. 13. for and r. or p. 26. l. ult add booke p. 30. l. 4. for the r. that p. 32. l. 6. add against his person p. 35. l. 3. for People r. Parliament p. 46 l. 10. for Impurii r. Imperii p. 46. l. 14. add strong p. 46. l. 20. for Impurii r. Imperii p. 47. l. 16. for dinguish r. distinguish p. 52. l. 18. for sins r. lives p. 53. l 1. add be p. 61. l. 21. for enfoying r. enjoyning p. 65. l. 18. add not l. 19. for case r. ease p. 66. l. 14. for that r. as l. 15.
for as r. that p. 67. l. 7. add Church p. 76. l. 5. add should be all though they cut themselves with Lances p. 76. l. 9. for this r. things p. 78. l. 1. add of Pride p. 80. l. 9. for word r. work THE Peaceable Design IT is the happiness and birth-right of the People of this Nation that if they lie under any grievance they may have recourse to the Parliament There is no burden whereof we ought to be more sensible of than that which lies upon our Consciences We do humbly hope therefore that it will not be ill taken if we crave the liberty to shew at least what ails us To make our apology for that wherein we seem to offend and to offer something for a general redress especially seeing a little collection out of some late papers though several of one person alone will serve this triple occasion There are divers sorts of Nonconformists and they have their Meetings we know not all on the same reasons There are some who have been and are for Parochial Churches who are satisfied with their constitution and if they might have freedom would still choose them And there are others that are in their Inclinations for the Congregational way only For our parts who have put this Paper together we profess our selves of the former sort and do here declare in the behalf of our selves and others of our Brethren that we do not go from the Parish Church in opposition to it as if such Congregations were no Churches being very deeply sensible when our Lord hath commanded that the Tares should not be plucked up for fear of endangering even but some of the Wheat what a grievous displeasure it may like to be to him if we should go to root up all the Wheat for fear of the Tares which to Un-church whole Parishes were to do Nor is it out of affectation pride vanity ostentation faction or self-advantage that we do it we could not answer such a charge against us if we did so Two things therefore we will acknowledge that our Parish-churhes are true Churches And that it is our duty consequently to desire and endeavour their union and prosperity And what would any Conformist have of us more unless it be also to joyn with them there in the participation of the Ordinances which some of us refuse not neither upon convenient occasion Well upon what ground then shall we offer our apology for the cause we undertake why we will give it impartially As we grant those two things to be our duty so must we assume that which will not and can not be denyed us that it is the duty likewise of those who are set apart to the offiice of the Ministry supposing them every way to be sit called to preach the Gospel by way of discharge of the office We have the Apostles express authority and example for this who when they were threatned and commanded to speak no more in Christ's name have left us their answer on Record We ought to obey God rather than Man We have the precedent also of the first three hundred years after these Apostles when the Gospel was never preached but contrary to the will of the Magistrate that is against the Laws and Edicts of the Emperors Now we must down this rule that when two duties lay come together so that we cannot perform the one but we must omit the other the greater duty must take place of the less The rule apears in its own light and also from Scripture I will have mercy saith God and not Sacrifice What is the meaning but that when acts of righteousness and mercy fall in such duties as that of sacrifice which are less must give way Here then is our case plainly which of these is the greater duty We are to seek Unity and to preach the Gospel If we keep our Parish-Churches we must not preach the Gospel if we preach the Gospel we must go to these private Meetings which of these is indeed of greatest moment to the glory of God and the Peoples salvation In general which is the greatest matter that the Gospel of Christ Jesus be preached or the Union of our Parish Churches be promoted In particular whether shall any one of us who have a call on occasion to preach at such a time place or company do more service to God by going and doing it or by refusing and going to our Parish-Church for the sake of unity for which we have still other seasons And which is the greater evil to have the people of a Parish only divided into several places to hear the Ministers of both perswasions preach to them when this too shall not hinder them being parts still or members of the same Parochial society or that all the Preachers and Ministers in the Nation but those only who Conform should have their mouths stopt and Talents buryed How when there is so many of them so many of them truly serious and painful labourers so many of them that actually do so much good and the everlasting welfare of thousands mens souls depend upon it What is Parochial Vnion in comparison we will appeal to the Consciences of every upright equal person whether Conformist or Non-conformist that fears God to give Judgement The preaching of the Gospel and particular Assemblies are of Divine Parochial Churches are of Humane institution That which is Divine is undeniably to be preferr'd before that which is of humane apointment For the great charge then against us of Schisme we answer Schism is a causeless separation of the Churches union a causeless separation from her Communion the Communion of a Church whereof we are Members or should be Let any learned Man that hath read any thing about Schism tell us if we do not define it right by a separation that is causeless for if there be a cause the separation will be justified as it is between us and the Church of Rome Now when the Case between the Conformists and us is so open and in the face of the Sun that unless we set and keep up these honest Conventicles the whole Generation of these Non-conformist Ministers must be laid aside from the Exercise of their Office for ought we see as long as these Men do hold whatsoever in the mean while becomes of the Souls of so many Multitudes What Apology Defence or Account do we need more but this only Is there not a Cause they are the words of David to his surly Elder Brethren who are offended only for his being about the Business he was sent And David said what have I done is there not a Cause To this Apology we know it will be said by the Episcopal Party for nothing else that we know can be said to any purpose But you may conform If so we must then desire of some one or other of the Learned and Conscientious among them to contribute but this one thing towards it A little thing we may
up the dull mind of Man to remembrance of his duty by some edifying signification But the Cross being a Ceremony applied to Children who are uncapable of having their minds stirred up by any thing signified thereby it is manifestly retained without their profit We will enforce the Argument By the same reason as we retain the Cross in Baptism the other Ceremonies in Popery which are left may be readmitted As we use the Cross to signifie that the Child must fight manfully under Christs Banner we may use the Chrism wherein the Cross was used to be made to signifie the Christians anointing to the Combate and so forward There is nothing can be replyed hereto in good earnest but that it is true if the Church pleased to enjoyn it so we might We urge consequently By the same reason as the Church hath relinquisht the Chrism in Baptism it may leave the Cross also that is only if it please so to vote in a needful Convocation And that it should do so there is cause enough if there were nothing else to be said but this only that as for all other Ceremonies enjoyned the Conformists may plead that they are but Circumstances of Worship wherein the Church hath proper Authority to appoint what is decent and orderly But for any solemn intire Rite which is no Circumstance of the Ordinance unto which it is appended or any ways in genere necessary thereunto if this also be enjoyned we shall have no bottom or banks set to the appointment of Ceremonies how far this Sea shall go and no farther than so We will heap no more matters of this kind for they are infinite And it is some relief to our thoughts that the Parliament we thank God did come to be a little sensible of it in so much as they were near content one Session to Cashier this Declaration quite There does remain now therefore the Subscription and this question which will arise upon it Whether there be not as good reason in regard to the most sober Consciences to take away this subscripttion in the Act of uniformity and the Oath in the Oxford Ast as well as the Declaration of Assent and Consent and here making first our humble Protestation that we intend nothing hereby but loyally to the Government we must present the Sheet before mentioned to their renewed consideration The Subscription is this I A. B. do declare That it is not lawful upon any Pretence whatsoever to take Arms against the King And that I do abhor that Traiterous Position of taking Arms by his Authority or those Commissionated by him And that I will conform to the Liturgy of the Church of England as it is now by Law establish'd And I do declare That I do hold there lyes no Obligation upon me or any other person from the Oath commonly called the solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawfull Oath and imposed upon the Subjects of the Realm against the known Laws and Liberties of this Kingdom The Oath this I A. B. do swear That it is not lawful upon any Pretence whatsoever to take Arms against the King And that I abhor that Traiterous Position of taking Arms by his Authority against his Person or against those that are Commissionated by him in pursuance of such Commissions And that I will not at any time endeavour any alteration of Government either in Church or State In this Oath and Subscription we have the matter and the form of words that is the Substance and the Composure The one whereof and the other in both are lyable to the ensuing Exceptions Which we desire may be taken with Candor in respect only to our design that is as argumentative for the removal of these Injunctions Not as peremptorily definitive of our own judgments and much less of others above our Sphear in all the Cases contained in them To begin with the Oath Here are three parts of it The first part appears not for we speak it humbly only and argumentatively consistent with Judgment the second with Truth nor the third with Righteousness We will take up the last part first And I will not endeavour any alteration of Goverment There is no Government on Earth so perfect that it hath need of Laws like the Medes and Persians Government may be considered in the Administration or the Constitution The word Government here is set down indefinitely without distinction Alteration of Laws and so Government in the Administration is as necessary many times upon emergent occasions to the Body politick as the fresh Air is to the natural This Oath was brought into the House to have been made Common It were not a thing righteous to have had that engagement laid on persons in such a capacity It is not righteous to have it laid on any that are Free-holders and free Subjects as we are The Constitution of our Nation as Parliamentary is such that no Law can be establish'd or repealed but it must pass the House of Commons and so the whole Body doth concur in their representatives to every alteration of Government or in the Government that is made if it be legal And no house of Commons are chosen but by the people Every Englishman is inteâ—â—â—â—d to be there present either in person or by procuration and the consent of the people is taken to be every mans consent says Sir Thomas Smith de Rep. Angl. l. 2. c. 2. Nay while the King consilio assensu Baronum leges olim imposuit universo Regno by the counsel and assent of his Barons did give Laws to his whole Realm consentire inferior quisque visus est in persona Domini sui Capitalis prout hodie per procuratores Comitatus every Inferior seemed to consent in the person of his chief Lord as now they do by their Burgesses and Knights of the Shires says Sir Henry Spelman This is so true that in this sensâ—â—â—â— is that the Laws that pass are said to 〈◊〉 Quas vulgus elegerit Which the people sâ—â—ll choose Now then if every free Subjâ—â—t hath a fundamental liberty to choose Kâ—ights and Burgesses and accordingly to inform them of their Grievances and petition them for Redress and in them as their Representatives do consent to the alteration of Government and Laws if there be any as profitable to the Nation How can such an Oath be imposed on him That he will not endeavour any alteration as this is Is not choosing Burgesses informing them petitioning them acting and legalâ—y consenting in them to that end an endeavour and that as much as can be in their Place and Calling And no more than an Endeavour in their Place and Calling was challenged by any It is true the new Laws may be made and old repealed without alteration of the Constitution But not without alteration of Government because Government takes in both the Administration and
Sirs when these words Abhor and Traiterous are so harsh in the Composure and when such Cases as above mentioned may be put as to the position in the matter of it wherein it seems justifiable and without offence We offer it in the next place to consideration whether this middle part of the Oath and Subscription be according to Truth For the first part We have a large Assertion roundly sworn The Oath and Subscription runs not only that it is not lawful to take Arms against the King or that it is not lawful on any pretence but on any pretence or cause what soever The Grammatical literal construction of that word seems to intimate no less than that this Proposition must be held without restraint or limitation Amongst the most emment of Authors which have wrote of the Power of Princes and establish'd it against Resistance in their writings on this Subject we suppose there are sew or none to be valued above these Three Bareley Grotius Arnisaeus And we shall und that they have all their restrictions or cases of Exceptions in the maintenance of this Tenet And how shall any be over earnest here in punishing the Refuser when if the matter be well scan'd the reason perhaps why he refuses will be sound only because he hath read more then some others that yield their submission We begin with Barcley that is William Barcley a Scot and Counceller to the French King who writes against Buchanan Boucher and other Monarchomachists as he calls them This learned Man endeavours to make his Prince to be above the whole People that consequently no Arms can be taken against him Nevertheless when he comes to put some pressing Cases he thus limits himself Quid ergo nulli ne Casus incidere possunt quibus populo in Rigem arma capere jure suo liceat nulli certe quanidiu Rex manet What then Can there no Cafes happen wherein it is lawful for the people to take Arms against the King by Right None certainly so long as he remains a King There are Cases indeed he accounts in which a King doth Exuere personam Regis or Dominatu se exuere Put off the Person of a King And particularly l. 3. c. 16. he mentions Two Si regnum alienet si Rempublicam evertere conatur If he go to alienate his Kingdom if he go to overthrew the Common-wealth We cannot tell how to approve this Doctrine the Papists use the same we know in another Case we may not fight against our King but if the Pope Excommunicate him he shall be no King with them Let us come to Grotius and first quote him in his Judgment of Barcley lest you may think else we mistake him Barclaius says he Regii impariilicet assertor fortissimus huc tamen descendit ut populo insigni ejus parti jus concedit se tuendi adversus immanem saevitiam Barcley though the most assertor of Kingly Government does come to this that he grants a Right to the People or the most eminent part of them of defending themselves against intollerable oppression For himself then after he hath asserted this Tenet Summum impurium tenentibus jure resisti non posse That the higher Powers may not lawfully be resisted from Scripture Antiquity Authority and Example to as much purpose perhaps as any he descends to put seven Cases wherein he does Lectorem monere ne putet in bane legem delinquere eos qui revera non delinquunt Warn his Reader lest he mistake some for delinquents that are not For Arnisaeus he hath wrote Three learned Books of Politicks De Jure Majestatis De Doctrina Politica De Authoritate principum in populum semper Inviolabile seu quod nulla ex causa subditis fas sit contra legitimum principem arma sumere That the Authority of Princes over the People ought to be inviolable or that it is lawful for no cause to take up Arms against our lawful Prince Here then we have our Tenet in the state whereof he comes in the issue to dinguish between Rex and Tyrannus a King and a Tyrant Tyrannus in Titulo Tyrannus in Exercitio A Tyrant in Title and in Practise And Tyrannus in Exercitio A Tyrant in Practise he accounts does Excidere de Jure etsi Haereditario Fall from his Right though Hereditary Traditur Respublica Principi in eum finem says he ut illi praesit in salutem omnium a quo si prorsus desciverit etiam de potestate cadit quum non alto fine sibi commissum habebat The Common-wealth is delivered to the Prince that he should rule over it for the common safety from which if he depart altogether he falls even from the Power it self which was committed to him only for this end We do not give our consent to not pass our censure upon the words we cite but by such Testimonies as these without naming others we would convince those persons who were the Compilers of these Declarations to be subscribed or sworn with some resentment and shame that when the temperate sense and meaning of them is such as we were not like to boggle at they should be yet composed so in terminis as to be obnoxious to so grand Exception For the form then yet of the Words I A. B. do swear that it is not lawful c. Here is an Oath to the matter of a Proposition questioned to the determination of a Point of Conscience and that diversly decided An Oath should be to a matter of fact and cannot be taken but to that whereof we are certain To require of Men therefore to swear to the verity of a Doctrinal Proposition is not according to Judgment being a thing impossible because no Man is insellible Now then Sirs When here is such an Erratum in the Composure as the want of the words I believe or the like I swear that I held or believe that it is not lawful c. and so material an Exception as the Judgment of the most learned in general comes to against the Substance in Terminis of the first part of this Oath which yet gods down ordinarily without chewing we humbly oder it in the third place to be considered how this Oath can be taken either in Truth or Judgment An Oath must be taken in Judgment in Truth and in Righteousness The first part we argue is not according to Judgment The second not according to Truth The third not according to Righteousness We speak it humbly by way only of Argumentation as we have said craving pardon if it offend for the manner of the Expression We proceed to the Subscription conjoyned which hath we count Two Parts The one is the purport wholly of the Oath whereof therefore we shall adde no more but this That when the matter of the one and the other in the former part is such as enters the foundation of Politicks in general and the Laws and State of the Land in particular