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 OXFORD Printed by LEONARD LICHFIELD Printer to the University 1644. CERTAIN DISQUISITIONS AND CONSIDERATIONS Representing to the Conscience the unlawfulnesse of the Oath entituled A solemn League and Covenant for Reformation c. We Noblemen Barons Knights Gentlemen Citizens Burgesses Ministers of the Gospell and Commons of all sorts in the Kingdoms of England Scotland and Ireland by the providence of God living under one King and being of one reformed Religion having before our eyes the glory of God and the advancement of the Kingdom of our Lord and Saviour Iesus Christ the honour and happinesse of the Kings Majesty and His Posterity and the true publique Liberty Safety and Peace of the Kingdoms wherein every ones private condition is included and calling to mind the treacherous and bloody plots conspiracies attempts and practices of the enemies of God against the true Religion and professours thereof in all places especially in these three Kingdomes ever since the reformation of Religion and how much their rage power and presumption are of late and at this time increased and exercised whereof the deplorable estate of the Church and Kingdome of Ireland the distressed estate of the Church and Kingdome of England and the dangerous estate of the Church and Kingdome of Scotland are present and publique testimonies We have now at last after other meanes of Supplication Remonstrance Protestations and Sufferings for the preservation of our selves and our Religion from utter ruine and destruction according to the commendable practice of these Kingdomes in former times and the example of Gods people in other Nations after mature deliberation resolved and determined to enter into a mutuall and solemn League and covenant wherein we all subscribe and each one of us for himself with our hands lifted up to the most high God doe swear SEeing it hath pleased the composers of this Covenant to set it forth with an Introduction which containes that which it seems prevailed with them and they expect should work upon the three Kingdomes to take the following Covenant it will be behoofefull in the first place to reduce the conscience to a cleare and strict examination upon the contents of this Introduction and then if it shall find that all things therein be true and withall sufficient to that end for which they were premised viz. to inferre a necessity of swearing to all things contained in the following Articles the conscience will be directed to follow that dictate But if it fail in either of those we must betake our selves to other considerations to be guided by We will therefore sincerely propound the contents of the Preface as neer as may be according to its method joyning together matters of the same kind And then we shall find the discourse of the Preface to be resolved into these principles 1. The glory of God the advancement of the Kingdome of Iesus Christ the honour and happinesse of the King c. are to be aimed at and endeavoured 2. Especially when they are endangered 3. The meanes therefore necessary towards those ends are to be used which are either Supplication Remonstrance c. or making warre 4. The former are first to be used but if they faile then the latter These are the universall Maximes whereon by application to the present condition the taking of the Covenant is enforced The three first then being granted they subsume that having used the former and failing of successe we are all necessitated to use the latter viz. To swear to joyn with the Scots in Armes which is the generall and to those particulars after mentioned in the Articles That such joyning in armes is the generall end of the Covenant will appeare by comparing the sixt Article of the Covenant for mutuall assistance and defence of one another with the 14 Article of the Instructions wherein the imposers of this Oath appoint to be read publiquely at the time when the Covenant is read the Declaration of the Kingdomes of England and Scotland joyned in Armes for the vindication c. In which Declaration the taking this Covenant is made one of the grounds both of their confidence as they say that this warre wherein they are so deeply engaged is of God and of their resolution which they professe with courage and constancy unto the end to doe their part Whosoever therefore is not perswaded in his conscience either that all these meanes mentioned and all other such like have been used and have been rejected or upon supposition that they had yet doubts of the consequence viz. that such an Army may be leavied and such a warre managed cannot without deadly sinne though disengaged from oaths for any of the following particulars upon the former principles take this Covenant But not to insist hereon we will briefly run over the severall places of the Preface and consider the naturall intimations from them onely supposing for example the end of this Covenant to be the assistance or at least consent in this present joyning in armes applying it to men of the Church of England I A. B. living under the King This cannot reasonably be a motive to warre but obedience to him nor a motive to enter into a publique League Oath and Covenant not prescribed by Law without him much lesse against his expresse Proclamation forasmuch as an Oath for confirmation either assertory or promissory is to men for an end of all strife And a publique Oath propounded to a Nation or Nations is for the ending of publique strife and divisions and of any publique strife of a Nation or Nations under one King properly so called the King is the supreame Iudge in all causes as well Ecclesiasticall as civill as is evident by the Law of God 1 Pet. 2. And to us moreover by the Law of the Land 24 H. 8. c. 12. by the doctrine of the Church of England Art 37. the book of Homilies and establishâ—d Oaths of Allegiance and Supremacy And therefore such an Oath and Covenant may not be entered into without and against the allowance of the King who is the supream Judge even in the supream Judicatory it selfe Being of the Reformed Religion established in the Church of England the very marke and Character of which as differenced from Popery and other Sects hath been chiefly that it hath alwaies maintained That it is not lawfull in any case not in the danger of their Religion for subjects to take up Armes against their lawfull Soveraign Having before my eyes the glory of God and the advancement of the kingdome of Iesus Christ Here the consideration of the mind requisite towards the judgement of conscience will be this whether by this warre considered with its circumstances the glory of God c. is more
apt to be advanced then by peace wherein although reason might easily conclude yet it will be much more certainly guided if we shal examine those precepts which Christ and his Apostles have laid down towards the accomplishment of those ends here proposed and try whether they doe suggest or intimate any thing towards such a warre If they doe not or if the contrary the conscience having before its eyes the glory of God c. will not be induced to take this course for the advancement of it For the rectification of conscience in this case it will be requisite to consider this warre to which we are enjoyned to contribute by whom and against whom it is undertaken Where if the conscience finde it to be unlawfull in the undertaking it cannot lawfully consent or assist viz. If it be no waies lawfull for such as we are moved to joyne with to take up Armes against such as we should be sworne to oppose If it might possibly be lawfull in the first undertaking it could no otherwise be but as it should be a necessary meanes to procure a just peace and the determination of conscience in this case will depend upon the consideration of the conjunctures of things at the undertaking and all the time of the continuance of this warre and if peace with truth might have been or may be established without it much more if this means shall be found opposite the conscience cannot without sin assent to this warre Here the mind is to examine the severall propositions motions overtures c. which have been and are made by both parties and according to them to judge The happinesse and honour of the King and his Posterity Here we are to consider whether or what this action of ours will contribute towards the honour and happinesse of the King and his posterity And because it is not easie to discover any foundation of such honour and happinesse c. besides that the managers of this party with whom they would have us to joyne have never particularly declared the way how these ends shall be or are advanced by their warre although it is one of their most common expressions the safest way at least the most naturall for the conscience is to raise a judgement of what is likely to ensue upon what hath preceded since these undertakings upon the same Principles where it is to consider whether his Honour or Contumely have beene increased by and since these warres And so for the happinesse of Himselfe and his Posterity consider whether if these men be upon the same designe with those who gave him battell at Edge-Hill Newbery c. what those designes made towards the happinesse of him and his Posterity The true publike Liberty Safety and Peace of the Kingdome If the Scots to whose assistance especially we are to be sworn should not hereby be able to conquer and prevail what will our taking of the Covenant advance the publike Liberty and Peace of the Kingdom according to the conceit of the enjoyners of the Covenant If they should consider how that can conduce to our Liberty unlesse thereby be meant freedom from our ancient Laws and from the setled happy government of Church and State whilst we may fear to be put under uncertain new ones Secondly Safety whether the danger of ruine doe not outweigh or equalize the hopes of safety Thirdly Peace whether this be the onely the likeliest or indeed any probable meanes of procuring Peace Seeing there are but two wayes obvious by which this course should procure it viz. Victory or reducing the King to yeeld to their desires Here the judgement of conscience will be grounded upon this Whether the King be no way but by force inclinable to a just Peace Wherein every ones private c. This is subordinate to the former immediately preceding Calling to minde the practices of the enemies of God against the true Religion c. Here we are to consider and reckon up who and of what sorts are the enemies of the Church of England of which we are and which is established by Law to which we have subscribed and what party in this quarrell is openly professed for it hath equally declared against all sorts of its enemies and which is not and accordingly c. Whereof the deploreable estate of Ireland c. Consider whether the true cause of this is to be referred both in the rise and progresse of it to the King or the malice of the Papists stirred up by those who they say had declared an intention of their utter extirpation and secondly where afterward the impediment of succour to those of our Religion lay The distressed estate of England whether that profession which is established by Law be distressed by the King or by Sectaries The dangerous estate of Scotland Wherein was their danger after all things were setled with them and who brought them into that danger that party which we should swear against or themselves After other meanes of Supplication Remonstrance Protestation and Suffering This which is here diâ—joyned from the rest of the motives and cast into a Parenthesis is indeed made the onely foundation of this way of proceeding and puts the onely case wherein such a way of covenanting c. can be imagined to be lawfull So that if these meanes have not beene both before and ever since the undertaking of this designe sincerely and effectually endeavoured by the intimation of this introduction it selfe this course is not warrantable and there are other principles of Scripture and our Religion which are to be examined if they have beene used such as inferre That it is not lawfull in any case whatsoever to resist with Arms the lawfull power by God set over us Now whether these means have been and are to used it will best appear by considering who hath sent the Messages for Treaty towards Peace what hath been declared by both parties of certainty and particularly touching Religion Law and Proviso's for tender Consciences and comparing together the severall Remonstrances Protestations and Sufferings Though all hitherto had beene used and rejected consider if the overture now lately made by the Kings party might not by the mercy of God be a meanes to produce Peace c. if the businesse be managed as it ought And according to the results of these the conscience must conclude For the preservation of our selves and our Religion The Religion wherein we are grounded and to which the Clergy hath subscribed in the Religion of the Church of England comprised in the Liturgy Articles Book of Ordination and Homilies of our Church confirmed by our 35. Article consider whether the Covenant be a meanes ordered in reason to preserve these from ruine According to the commondable practice c. If this Kingdome have done so that cannot resolve the conscience But consider whether ever in the like case the like warre was commenced if any one had been propounded the conscience would the more easily
have determined but seeing there hath not it must run over the Chronicles In the meane time in such cases as are found it may anticipate instances to the contrary as in Queen Maries dayes and those of Henry the 8. when there was more just reason in respect of Religion if there might be any then now is alleaged and other Arguments such as the Doctrine of the Church of England ever since the Reformation and the like to equipoize this which is asserted gratis and if after disquisition this be not found true the conclusion of the conscience will be according to those premisses According to the example of Gods people c. This is of the same nature with the former warrant and therefore the conscience upon this may proceed as upon that seeing they have not set downe which of Gods people in any age or place upon the like causes have taken the like course till this be represented to the conscience the safest way will be to examine what our Saviour himself and the Apostles and primitive Christians who were assuredly Gods people did hold and practice for doctrine and example in the like if there have ever been or a worse case them is proved or pretended And if they have not resisted or held it lawfull their Princes in the greatest persecutions and utmost danger of Religion and all that could be dear unto them it may raise a conclusion till some stronger reasons can be presented or the errour of these be cleared and taken off what is to be done when we are required to assist a warlike entrance of Subjects with all the other circumstances which attend this action of the Scots made onely upon a beleeved charity of helping their neighbours The summe of all is That if all and every of the materials of this Preface in as much as concernes the Premisses were true our consciences cannot assent to the consequence that it is lawfull for us as Subjects of the Church England though we had not sworn or subscribed to some particulars against which some of the Articles are contrived to assist the Scots or consent to them in this warre which assistance is the generall end of this Covenant Secondly there is not any one member which doth conclude any thing to our consciences to move us to take it neither in the complication doe they conclude Thirdly there is not any particular member of it which doth not either directly or by considerations naturally suggested by them and altogether unforced prevaile with us to the contrary So that till every one of these obstacles and scruples be taken off we cannot without violence to our consciences take this Oath That we shall sincerely really and constantly through the grace of God endeavour in our severall places and callings the preservation of the Reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government against our common Enemies the Reformation of Religion in the Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and the Example of the best Reformed Churches And shall endeavour to bring the Churches of God in the three Kingdoms to the neerest conjunction and uniformity in Religion Confession of Faith Form of Church Government Directory for Worship and Catechizing That we and our posterity after us may as brethren live in Faith and Love and the Lord may delight to dwell in the midst of us In the first Article are we to be sworne to endeavour the preservation of the Doctrine Worship and Discipline of the Church of Scotland absolutely or with this added as a restriction against our common Enemies By whom doe we not rightly conceive to be meant the common Enemies to the Churches of England Scotland and Ireland That those words against our common enemies are to be taken restrictively it may be thought because they otherwise should have been vainly added and that by common Enemies those are meant the necessity of the Grammaticall sense implies there having preceded no other division to which this community can referre besides that of England Scotland and Ireland in the Preface So that the word Our must referre to We in the beginning of the Preface whose onely distribution which can referre to common here is that of the Kingdoms of England Scotland and Ireland Is not therefore the true sense of this part of the Article this viz. I will sincerely really constantly through the grace of God in my calling against those who are enemies for example both to the Articles of the Church of England and those of Scotland both to our Liturgy and their directory for worship both to our Church-Government and to Presbyteriall Government endeavour to preserve their Articles manner of worship and Presbytery If thus it be these things are to be considered If the imposers of this Oath are assured in their Conscience that the Doctrine Worship c. of the Church of Scotland can infallibly be proved out of the Word of God why would they have us sweare to endeavour in our calling of the Ministery to preserve it with a restriction against some men onely and not absolutely and indefinitely Whether is this so free from the scandall of respect of Persons as an oath for the impartiall defence of Truth doth require If they doubt it cannot be infallibly proved how can our Brethren of Scotland without spirituall Tyranny desire an Oath to be imposed upon us Ministers of the Gospell of another Church to endeavour sincerely really c. in our calling viz. by preaching disputing or otherwise the preservation of it thus far Secondly how can we take an Oath to endeavour the preservation of that Doctrine which we neither know what it is as it now stands nor are told in any Declaration or Exhortation to us nor were bound to know or search no opportunity offering it self How then can this Oath be by us taken in judgement Or since we doubt thus though in generall how can it not being of Faith be other then Sinne Whether are we not if any thing shall be by us hereafter found in the Doctrine of Scotland contrary to sound Doctrine bound to endeavour by the second Article to extirpate it and by the first to preserve it As for their Discipline and Government so much as we understand of it though otherwise we never interposed yet being now called to give our consent to it or reason to the contrary we professe it to be such as that we dare not binde our selves by Oath to endeavour its preservation constantly and indefinitely for all time to come till it be evidenced unto us that it hath been in any time before untill this our last age If it shall here be replyed that we are required to endeavour the preservation of their Doctrine Worship Discipline and Government onely against our common enemies that is of us of the Churches of England Scotland and Ireland and so the preservation of it onely so
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 Religiâ—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