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A31491 Certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath, entituled, A solemn League and Covenant for reformation &c. As also the insufficiency of the arguments used in the exhortation for taking the said Covenant. Published by command. Barwick, John, 1612-1664. 1644 (1644) Wing C1700A; ESTC R1967 44,647 55

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up of truths confessed and undeniable 1. Scots and English are Subjects to the King 2. Of the same Protestant Religion the professors whereof do not differ in fundamentals 3. Their joyning in Arms as is alledged is for the vindication and defence of their Religi●n Liberties and Laws 4. Against the Popish Prelaticall and Malignant party 5. By these are meant the Souldiers raised by the King On the other side 1. The King is our lawfull Soveraign 2. Of the same Protestant Religion 3. He hath protested and engaged himself with all solemnity as at the receiving of the holy Eucharist c. to preserve and maintain the Protestant Religion the Laws and Liberties of the Kingdoms and Parliaments 4. That he hath sent many Messages for Treaties toward Peace both before and during the time of these wars and expressed a desire of making the people witnesses of the equity of his proceedings 5. He hath declared his will against both the Scots and English who take up Arms in this Cause Out of these principles whereas many more might be added in behalf of His Majestie let the question be Whether it may be lawfull and necessary for subjects to covenant together without and against the expresse will of their lawfull Soveraign to joyn in Arms against the Forces raised by his command and that for the vindication and defence of that which he hath by all possible obligations engaged himself to maintain and defend and for security of his people hath desired that differences might be composed by Treaty and that the world might judge of his proceedings in it If this be a true state of the question at least so far as is here expressed the next labour for our Consciences will be to examine whether any argument in this exhortation upon supposition that they all were truths in themselves doe infer a lawfulnesse and necessity to covenant in our case all things considered and if it be evident that they are not sufficient it may be a motive to abate the confidence of the composers of it whosoever they were in particular and to procure an examination of their own principles and actions wherein they may possibly see that they have not either in their own actions or in their judgement of others proceeded so exactly according to the Law of conscience and the word of God Now although we are confident that there is not in this exhortation any one argument which the Assembly it self will undertake so to contrive as that it shall conclude for a necessity or a lawfulnesse of taking such a Covenant in such a case all things considered and consequently the whole businesse which was of necessity for vindication of our selves from sottishnesse c. is already done Yet that it may without any danger of prejudice or errour appear that we are not guilty of such a presumption as we have excepted against in them we will as briefly as may be examine their whole discourse and evidently unlesse indeed we be bewitched to think so discover what is untrue or uncertain if any thing of those kinds shall occur and what is insufficient in their Exhortation after we have by way of Apology premised that we will not all answer them in the manner of the delivery of the reasons We have as we hope prevailed against those affections which might have arisen upon those expressions which concern our selves and though with far greater difficulty against that indignation which followed upon the apprehension of those not so very reverent expressions and reflections upon his sacred Majestie so far as not to suffer our judgements or consciences to be withdrawn from a just and meer examination of the truth having seen in them that zeal and confidence however they are excellent affections in those who are sufficiently grounded in an unfallible truth yet they do in no measure help toward a discovery of truth or a removall of scruples in a case of conscience The whole discourse was intended by the Authors of it to consist of perswasions and resolutions of scruples and is immediately resolved into an introduction and the body of the discourse As for the Introduction it contains a collection of many places from whence the composers thereof presume that the necessity of taking this League might be enforced But seeing it carries not clearly in it self any discovery of the consequences it could not in reason be premised to any other discourse then such as in the processe should clear that which was there presumed and seeing the following discourse is no way ordered to a clearing of those inferences so that the design of him who made the introduction is no further prosecuted we may here indeed observe an instance of the variance which is said to be in the Assembly but are no wayes helped in that which was the fundamentall intention of the whole the resolution of our scruples which by the serious consideration of those things here reckoned up we professe to have been exceedingly strengthened upon us and that by such inference as may be gathered if not cleerly seen by this ensuing parallel If the power of Religion described and practised by our Saviour Christ and his Apostles and expressed in the most heroicall actions of the primitive Christians or if solid reason informed by the Doctrine of the Church of England and assisted by the light of the examples of holy Saints and Martyrs and by a perfect information of the beginnings and proceedings of our present miseries and of the standing known Laws of the Land If loyalty to the King and piety to their native Couatry or love to themselves and naturall affection to their posterity if the example of men touched with a deep sense of all these such as have been the most eminent among the Clergy for piety and learning the Instruments as it is confessed used by Almighty God for the preservation of our Religion against all its enemies who with many others the most worthy of the Laity have cheerfully and constantly been spoiled of their goods and suffered a long and tedious imprisonment and are and have been ready to suffer death it selfe in the present cause of his Sacred Majestie or if extraordinary successe from God thereupon such as was necessary to raise his Majesty from a state of despised weaknesse to a power able to resist and probably able to debell all the Forces which his enemies of three Kingdoms can procure If any or all of these can awaken a Nation hitherto stupified and blinded and thereupon imbroiled in the miseries which have attended upon this war to see and imbrace the soveraign and onely means of their recovery there can be no doubt or fear that they will enter into a League with those who have lifted up under what pretence soever their hands against his Sacred Majestie but they will rather repent them of their former disobedience endeavouring to reduce their brethren to a labour for reconciliation and pardon from his Majestie at least to
us contrary to our consciences so informed which is impossible What if as now the King so future Parliaments disallow this Covenant and oppose it shall we then be obliged to continue therein and to assist and defend all those that so continue against all opposition though it shall be contradicted by the same Authority by which it is now imposed upon us Thirdly Where we are required to bind our selves never to make defection to the contrary part whether by the contrary part is not to be understood all that are against this Covenant If so will not these words following Against all opposition against all lets and impediments whatsoever include His Majesties opposition And then as we have said we are in the close impliedly supposed That we will endeavour to do what we are able to suppresse and overcome any part whatsoever of the contrary part opposing it self which since it seems not to except His Sacred Majesty how will this be consistent with the Oaths of Allegiance and Supremacy and the Laws of the Land 5 H. 4. 25 Edw. 3 Secondly how with the Word of God when we are taught by St. Paul Rom. 13. That whosoever shall resist the higher Powers shall receive to himself Damnation and in case of contrary conflicts of these higher Powers among themselves from the reason included in the object the damnation will be without repentance to those that resist the Highest and among the higher powers if St. Peter may interpret St. Paul the King is Supream and all other Governours are sent by Him 1 Pet. 2. 14. a For our selves therefore if His Majesty should use the Sword committed to him unjustly we must take up St. Ambrose's words conc. 1. contra Auxentium Dolere potero flere potero potero gemere adversus arma milites Gothos quoque Lachrymae miae Arma sunt talia sunt munimenta Sacerdotis aliter nec deb●o nec possumresistere Fourthly were there nothing in the Law of God or of this Land forbidding us of the Kingdom of England to enter a Covenant of mutuall assistance and defence without and against the allowance of the King yet it would be unlawfull for us to joyn in this Covenant since we are required here not onely to joyn with one another but with the Scots also in a Covenant of mutuall assistance and defence to whom if by a law of their Land all such Covenants and Leagues be forbidden as seditious we if we knowingly covenant to assist and defend them in such a League contract to our selves the guilt of sedition Now to the Scots in the second part of that Act of Parliament holden at Linlithgow anno 1585. are forbidden all leagues or bonds of mutuall defence which are made without the privity and consent of the King under the pain to be holden and execute as movers of sedition and unquietnesse This we read objected by the Divines of Aberdeen but could never yet see any satisfying answer made thereunto Fiftly Whether will not men think themselves bound by this part of the Covenant all the daies of their lives to continue so farre zealously united against the contrary part as to reject all overtures of Accomodation and reconciliation till they be suppressed or overcome and so our wounds become incurcable Sixtly This Covenant as we conceive under correction cannot be wisely taken by any man affected to this cause for should they not here swear never to yeeld themselves though debelled and unable to withstand the common Enemy viz. the Forces raised by the King nor ever to lay down Arms or cease active resistance But if it should please God to give the foresaid contrary part power of conquest and consequently Ius victorie should they not bind themselves by this Covenant never to submit themselves to Gods Will and Judgement against them and so exclude all Christian patience and suffering in afflictions and tie themselves though unable actively to resist plot disturb and overthrow all such who shall so have power over them hereafter all such Governours and governments which it may please God as they must confesse for a punishment of their sins at least to place over them which thing we conceive to be against the Law of God reason and Nations And because these Kingdoms are guilty of many sins c. What the Conclusion suggests we have also considered and professe our selves ready to joyn with our brethren in the necessary humbling of our selves under the mighty hand of God and in the confession of our sins though in a publique set form prescribed such as we conceive this former part of the Conclusion to be our purpose also desire endeavour through the grace of God to amend our lives and touching those words here mentioned In all duties we owe to God and man we professe and declare that did we believe in our consciences the above-written Articles of the Covenant not to be repugnant to our duties which we owe to God and man in the particulars specified relating to His Majesty and to the Bishops of our Churches by God set over us and otherwise we should gladly have gone along with our brethren therein Secondly since this Oath expresly professeth what also all lawfull promisory oaths must include that it is to be made in the presence of Almighty God the searcher of all hearts with a true intention to perform the same as we shall answer at the great day we trust our just refusall will or ought to be better interpreted even by the Imposers themselves then those mens detestable hypocrisie who enter this League and make this Oath with mentall reservation others as far as lawfully they may and saving all former Oaths yet others as far as it is agreeable to Gods Word or in their own sense or according to the sense of the Preacher scandalizing thus our Christian and reformed Religion with Jesuiticall mentall reservations reserving in their minds a sense contrary to their words which are instituted to signifie our minds and contrary to the mind of the Imposers even in the judgement of their own minds sufficiently signified in the words of the Covenant and indeed mentem injuratam gerunt reserving this Popery in thus swearing while they swear to extirpate Popery We professe to know no other legitimate sensing of our Oaths but mens deferentis a and that declared before the taking of the Oath not in a post-Declaration and the Grammaticall common sense of the words without limitation other then what is expressed according to the rule of St. Augustin Juramentum debet esse pressum expressum By thy words thou shalt be justified and by thy words thou shalt be condemned How also can any lawfully take an Oath the matter whereof he judgeth to be unlawfull so far as lawfally he may Be we not deceived God is not mocked May we swear to lie steal or commit adultery so far as lawfully we may Is it more sinfull to go about to do it