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A40710 The grand case of the present ministry whether they may lawfully declare and subscribe, as by the late Act of vniformity is required and the several cases, thence arising (more especially about the Covenant) are clearly stated and faithfully resolved / by the same indifferent hand ; with an addition to his former Cases of conscience, hereunto subjoyned. Fullwood, Francis, d. 1693. 1662 (1662) Wing F2505; ESTC R21218 59,550 206

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both sin to which no Covenant can possibly oblige for then it should oblige us against God himself 2. Secondly the matter of the Covenant in the Second Article is against many former Oaths whereby the Nation stood obliged before the Covenant was imposed or taken and in that regard we were first obliged by God to the contrary 1. Not to speak of that natural Allegiance in which all Subjects by the will of God in the very law of Nature as well as Scripture are born obliged when they are born Subjects unto our lawful Prince the Oath of Allegiance superadded re-enforceth us to obey him in all his lawful commands 2. And according to the Rules above mentioned whether this Oath be actually taken before the Covenant or after we are by the Divine obligation to obey the Kings Laws and to declare that the Covenant doth not binde us against the Kings Ecclesiastical Government or against his will expressed in the Laws of the Land whatsoever is hitherto urged to enervate the same 3. Especially if we add the direct obligation of the Oath of Supremacy wherein we all own and Recognize the King in all causes and over all persons as well Ecclesiastical as Civil Supream Governour For how can the Oath to extirpate his Government and destroy his Officers against his will and his known Laws consist with his sworn Supremacy or in the cause of Ecclesiastical Government how do those Ecclesiastical persons acknowledge him to be their Supream Governour while they resist him against his express Laws in this very cause even with endeavours to extirpate his Government 4. Besides many of the ancient Ministry stand more immediately obliged to the Government of the Church by their subscriptions to thirty nine Articles wherein they have set their hands that there is nothing superstitious or ungodly in the Form and Manner of Making Consecrating ●nd Ordaining of Bishops Priests and Deacons as also in the form of their very Ordination as Deacons and as Presbyters in which they solemnly promised to obey their Ordinary and to follow his godly Judgement which they also bound with the Oath of Canonical obedience 5. Lastly the general protestation taken some years before the Covenant must needs effect the discharge of it so far as they are contrary 6. That the Protestation was as legal as the Covenant as yet none ever questioned It was imposed by the same power at least it was never proclaimed against by the King as the Covenant was and that the Author of the Covenanters plea argues did sufficiently ratifie it It was taken by the same persons generally and indeed by thousands more then the Covenant was and that is doubtless enough by Mr. Croftons Logick to conclude it National and perpetual and not to be violated or made void by any future power or obligation or Covenant whatsoever 7. But wherein is the Covenant contrary to the Protestation 1. In the Protestation we promised to maintain the priviledges of Parliament which as I have shewn before by our standing bound by the Covenant to endeavour the extirpation of Church-Government notwithstanding its establishment by Act of Parliament and by superseding Parliamentary power for ever enjoyning our subjection to it are sufficiently violated 2. In the Protestation we also promised to defend the liberties of the Subject These are also violently seized on by this Second Article of the Covenant herein so great and considerable a part of the Nation as Ecclesiastical Governours are have their freeholds sworn against and their Power and Offices threatned with utter extirpation Notwithstanding the protection of the King and the Laws yea when neither their King that gave them their Commissions nor any to represent them had liberty to vindicate their cause or speak in their behalf in the Parliament when destruction was contriving by this way of a Covenant for them 3. But these things have been hinted before and unanswerably handled by others I hasten to the third and last way of preobligation mentioned viz. for the service of the Church in our generation when I have sealed that from our Oathes and promises now spoken to with that general Rule of Dr. Ames never yet acquainted with doubt Juramentum posterius contra Juramentum aut etiam promissionem Antecedentem honestam non obligat a latter Oath that is against a former honest Oath or but a promise doth not bind 3. Thirdly I doubt not to say that the Covenant cannot bind us to forsake our duties or discharge us from the exercise of our offices in the service of the Church whereunto we are called and to which we are obliged by God in his Word before ever the Covenant was thought on 1. I acknowledge that my Lord of Lincolne teacheth that the seeming hindring of some good doth not simply or precisely alwayes discharge us from our Oath except there be other circumstances concurring which evince it non obliging 2. But there seems to be no roome for a question here when our place and duty requires us to do that which would be hindred for then the discharge results also yea and principally from a former Obligation of God upon us to do our duty 3. A man swears he will never come near such a River more because he had like to have been drowned there but at a distance he sees his Neighbour in the same hazard at the same place now certainly notwithstanding his Oath to the contrary he is bound to help his Brother out and to save his life What is the reason of this there was a prior Obligation of God upon him thou shalt love thy Neighbour as thy self 4. Dr. Jacob the Casuist puts a harder Case by far then this A man swears to another that he will do him no hurt yet if by the Law he kills him afterwards he doth not break his Oath his reason is quia illa promissio non occidendi subintelligitur nisi lege permittente implying that there was a pre-obligation upon him to fulfill the Law Indeed the thing sworn must be indifferent in it self or at least of weaker necessity then the good that would be hindred by the keeping our Oath and then all Casuists I think concur with Jacob and Sylvester qui indifferens aliquid jurat ut ite ad villam non esse militem c. Dato Casu quo quis vivere nequeat nisi veniat contra Juramentum illud servare non tenetur propriâ Authoritate contravenire potest 5. Now if to endeavour extirpation of Episcopall Government be not sinful I am sure it is non-necessary and then it is but an indifferent thing if so though men have sworn it yet if the keeping their Oath will hinder the doing of their Natural duty both to the King in breaking his Laws casting off his Government and to the Church and our several Congregations in putting our selves into an incapacity according to Law to serve any longer in the Ministry we are so far discharged of our Oath