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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85184	The league illegal. Wherein the late Solemn League and Covenant is seriously examined, scholastically and solidly confuted: for the right informing of weak and tender consciences, and the undeceiving of the erroneous. Written long since in prison, by Daniel Featley D.D. and never until now made known to the world. Published by John Faireclough, vulgò Featley, chaplain to the Kings most Excellent Majesty.	Featley, Daniel, 1582-1645.; Featley, John, 1605?-1666.; England and Wales. Sovereign (1625-1649 : Charles I)	1660 (1660)	Wing F591; Thomason E1040_8; ESTC R199	47,903	77

keep his Oath sincerely and intirely But in this Covenant and Oath there are many Ambiguities For what is meant in the first clause by common enemies Either the world the flesh and the Divel which indeed are as it were sworn enemies to all true Religion or Papists or Independents who are both enemies to the Discipline and Government of the Scotch Church In the second clause what is meant by Church government by Archbishops Bishops c either all government by Bishops or the present Government only with the late Innovations and abuses thereof If all government by Bishops then in taking this Oath we condemn not only the perpetual Government of the Church from the Apostles time till the reformation of Religion in the dayes of Hen. 8. but also the reformed Churches in England Ireland Denmark Swethland Poland Saxonie and other parts of Germany where either they have Archbishops and Bishops or tantmount Intendents and Superintendents If the present government only with innovations and abuses let them explain what are the innovations and abuses we swear against else we cannot swear in judgement What is meant by Hierarchy the word signifieth holy Government being derived from {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} holy and {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} rule or government And is it fit crudely without any glosse to forswear all holy Government In the third clause what is meant by defending the Kings person in the defence of the true Religion and Liberties of the Kingdoms Is it a limitation or not If it be no limitation what doth it there There ought to be no idle and if I may so speak hang-by words in an Oath for the Wiseman teacheth us when we speak to God our words must be few If it be a limitation how doth this Covenant agree with the Oathes of Supremacy and Allegiance by which we are absolutely bound to defend the Kings person royal Dignities and Prerogatives of the Crown without any if or of restriction or qualification In the fourth clause what is meant by Malignants or evill instruments a word never used till of late in any Statute Law or Ordinance and never so much abused as at this day In the sixth clause how far extend these words I will assist and defend all those that enter into this League and Covenant in the maintaining and persuance thereof Doth it reach to giving battle to the King Sequestring Estates plundering houses and trampling all Laws under foot and to the justifying all the outrages committed in the maintaining and pursuing this League If not why is it not circumscribed with that limitation in the first Protestation By all good and lawful means or so far as lawfully I may There being so many Amphibologies Ambiguities and riddles in this Oath we must have some Oedipus of the Synod to read and clearly expound them before we can safely engage our conscience by Oath to perform them No Covenant may be made or Oath taken which implyeth in it contradictions for in such an Oath or Covenant we play fast and loose say and unsay and overthrow the nature of an Oath and take Gods name in vain The Schools and ancient Doctors constantly maintain that it exceedeth even Divine Omnipotency to reconcile Contradictions which are amongst those many things St. Augustine speaketh of which God therefore cannot do because he is Omnipotent But there are apparent contradictions in this Covenant and Gordian knots which cannot be untied For First It is said in the Preface that the Noblemen Barons c. enter into this Covenant according to the commendable practice of these Kingdoms in former times and yet Mr. Nye in his Speech published by special order of the House upon the very day the Covenant was read and sworn unto and subscribed by the Honorable House of Commons and Reverend Assembly of Divines Sept. 25. saith p. 12. That such an Oath for matter persons and other circumstances hath not been in any age or oath we read of in sacred or humane stories And Mr. Coleman in his Sermon commanded to be printed by the Commons of the House of Parliament Sept. ult. 1643. p. 18. Ask your Fathers consult with the aged of our times whether ever such a thing were done in their dayes or in the dayes of their Fathers before them And in his Epistle Dedicatory An Oath if vain makes the Land to mourn an Oath if weighty makes it rejoyce This is a new thing and not done in our Land before and I hope will have a new effect not seen by our people before We are to swear in the first branch That we will really and constantly endeavour the preservation of the reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government and yet in the same branch we swear to endeavour to bring the Churches of God in these three Kingdoms of which Scotland is one to the nearest conjunction and uniformity in form of Church Government according to the Word of God and the example of the best reformed Churches But this cannot be done if Scotland be preserved in her present Directory for Worship Discipline and Government for the Government in the Church of England Ireland Denmark Swethland Poland Saxony and in all the Churches of the East not subject to the Pope is Episcopal and that is proved to be most conformable to the Word of God by the writings of Bilson Downham Armagh never yet answered by any We swear in the same branch That we will endeavour to reform the Doctrine of the Church of England according to Gods Word and yet preserve the reformed Religion in Scotland in Doctrine whereas the Doctrine of the Church of England and Scotland is all one as appears by the Confession of the one and Articles of the other All the difference between the Church of England and Scotland is concerning Discipline and Liturgie not Doctrine as it is distinguished from them We swear in the second branch That we will endeavour the extirpation of Prelacy and Schisms whereas Prelacy hath been ever and is the special if not only means to extirpate Schisme If Prelacy be taken away saith St. Jerome ad Luc. and the preeminencie of one Presbyter above another tot Schismata erunt quot Sacerdotes That is to extirpate Church-government by Archbishops Bishops c. and yet in the third branch we swear to preserve the rights and priviledges of the Parliament and liberties of the Kingdoms among which liberties of the Kingdom of England and priviledges of the Parliament are the contents of Magna Charta and Petition of Right in which the Government of Archbishops and Bishops and the rights and priviledges of the Church are comprised In the third branch we swear to preserve and defend his Majesties Person and Authority without any diminution of his just power and greatness and yet in the sixth Article we swear to assist and defend all those that enter into this League and Covenant in

the Statute of the 25th Year of King Edward the third And We do likewise hereby forbid and inhibit all Our Subiects to impose administer or tender the said Oath or Covenant And if notwithstanding this Our Gracious Proclamation any person shall presume to impose tender or take the said Vow or Covenant We shall proceed against him or them with all severity according to the known Laws of the Land Given at Our Court at Oxford the One and Twentieth day of June in the Nineteeth Year of Our Reign God Save the KING a Malach. 4. 2. b Psal. 13. 43. c Sat. 8. d M. T. Cic. in Tusc. qu. l. 2. e Max. Serm. de benef. f Aelius Lamgrid g Plut in apoph h See his Life and d●ath in a bo●k entituled 〈◊〉 {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Hos. 13. 9. Mar. 5. 26. Sen. de benef. Psal. 126. 5. Aug. Serm. de Johan Bap. Cyprian Se●n l. 4. de im nort Mat. 8. 24 25. Mat. 16. 26. Mat. 13. 46. Mr. Nye p. 21. Our last refuge Tabula post naufragium Hendersons Speech p. 32. Were this Covenant written on the plaster of the wall over against the Pope Beshazzar-like in his sacrilegious pompe it would make his heart to tremble his countenance to change his head and Miter to shake his joynts to loosen and all his Cardinals and Prelates to be astonished at it E. W. his Preface to the Solemn League It is the cleerest that ever was penned here below the finger of God is in it too By help of that hand which wrote the Ten words first this was indicted and written sure enough for truly it is as the good Word of God The Covenanters answer Reply See Mr. Coleman his Sermon The Covenanters answer Coleman serm. p. 21. Nye's Speech p. 15. Reply 1. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Eccles. 5. 1. The Covenanters answer Mr. Case serm. p. 42. Ch. 10. 28. Mr. White in a Sermon at Lambeth Reply 1. Ch. 10. 28. See the Assembly at Perth Cic. off Eras. Adag. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} The Covenanters answer Eras Adag. de tripode dictum Jam. 3. 11. The Covenanters answer See exhortation to the taking of the Solemn League p. 4. Article 36. Heb. 13. 7. The Ordering of Priests Quest Will you reverently obey your Ordinary and other chief Ministers unto whom the Government and Charge is committed over you following with a glad minde and will their godly Admonitions and submitting your selves to their godly judgements Answ I will so do the Lord being my helper Ob. Sol. Ob. Sol. Math. 7. 1. Gal 5. 15. Gal. 6. 2. Divin. Instit. lib. 5. c. 20. Mat 26. 52. 1 Pet. 2. 25. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Act. 1. 20. * Ambros. com in Ephes. cap. 4. v. 10. Apostoli sunt Episcopi Jerom. ad Marcel Apud nos Apostolorum locum tenent Episcopi Cyp. c. 7. l. 3. Apostolos ●d est Episcopos praepositos Dominus elegit August in Psal. 45. loco patrum erunt silii id est Apostolorum Episcopi Et ibid. Dilatatum est Evangelium in omnibus sinibus mundi in quibus principes Ecclesiae id est Episcopi sunt constituti * Aug. Ep. 162. Comment in Apoc. hom 2. Ambrose 1 Cor. 11. 16. Occumenus Arethas Marlorat Pareus in Apoc. c. 1. 2. Policarp Episcopus Smyrnae Onesimus Ephesi Antipas Pergami c. * Edit Teclae it is {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} thy wif which demonstrateth that the Angell there signifieth one singular man of Authority in the Church and not the whole Clergy of that place Ep. ad Episc. Winton * Concil. Nice Can. 5. Conc. Antioch Can. 6. Concil. Sard. Can. 14. Conc. Chal. Act. 15. c. 29. Ignatius in Ep. ad Philad. Irenaeus l. 3. c. 3. Tertul. l. de baptismo Euseb. l. 6. c. 40. Jerom ep ad Nepot Optatus l. 1. cont. Parmen. Amb. in Eph. cap. 4. Basil Eph. 70. * Epiphanius Haeres 75. p. 295. Aug. ad quod vult Deum Aëriani ab Aërio quodam sunt nominati qui cum esset Presbytr doluisse fertur quod Episcopus non patuit ordinari dicebat Presbyterum ab Episcopo nulla differentia debere discorni Hieron. in Tit. Con. 1. Art 15. c. 29. Episcopum in Presbyteri gradum reducere est sacrilegium Anatolius Constant Episcop dixit ij qui dicuntur ab Episcopali dignitate ad Presbyteri ordinem descendisse si justis de causis condemaantur nec Presbyteri honore digni sunt See Art 36. l. de Consecrat It is evident to all men reading holy Scriptures and ancient Authors that from the Apostles time there have been these three Orders in the Church of Christ and that a Bishop ought to correct and punish such as are unquiet criminous and disobedient within his Diocess according to such authority as he hath by the word of God * Vide Record in Exchequer I will preserve and maintain to you and the Churches committed to your charges all Canonical Priviledges and I will be your Protector and Defender to my power by the assistance of God as every good King in his Kingdom in right ought to defend the Bishops and Churches under their Government c. Then laying his hand on the book on the Communion Table he saith The things which I have before promised I shall perform and keep so help me God and by the contents of this book * Cic. Tusc. quast Ob. Sol. * Pro Mur. tolle nomen Catonis * Statut. Edw. 3. Ann. 25. The Church of England was founded in the state of Prelacy c. for we ow to it our best laws made in the Saxon times and Charta Magna it self The enion of the two Roses York and Lancaster the marriage with Scotland and above all the Plantation and Reformation of true Religion See Vindication of Episcopacy pag. 23 24. See also the Statute book of 16 Rich. 2. where the Commons shew That the Prelates were much profitable and necessary to their Soveraign Lord the King and the Realm c. † Jerome Advers. Luc. c. 4. Ecclesiae salus à summi sacerdot●s dignitate pendet cui si non exors quaedam ab omnibus eminens detur protestas tot in Ecclesia efficientur Schismata quot sacerdotes Cypr. Ep. 3. Non aliunde Haereses abortae sunt aut nata Schismata quan inde quod sacerdoti Dei non obtemperatur nec unus in Ecclesia ad tempus sacerdos al tempus judex vice Christi cogitatur * Athanas Apol. 2. Colithus quidam presbyter in Ecclesia Alexandrina alios Presbyteros ordinare praesumpserat sed rescissa fuit ejus Ordination omnes ab ●o constituti Presbyteri in laicorum ordinem redacti See Epiph. Haer. 75. The order of Bishops begets Fathers in the Church but the order of Presbyters Sons in Baptism but no Fathers or Doctors See also G. Abbot in his Tract of the Visibility of the Church and in his Answer to Hill * Apol. Confess Augustan c. de numero usu Sacrament Not saepe protestati sumn● summa cum voluntate conservare politiam Ecclesiasticam gradus in Ecclesia factos etiam summa authoritate scimus enim utili consilio Ecclesiasticam disciplinam have mode quo veteres eam describunt constitutam * Luther Tom. 2. p. 320. Nemo contra statum Episcoporum veros Episcopos vel bonos pastores dictum putet quiquid contra hos tyrannos dicitur † Gerard de Ministerio Eccles. Nemo nostrum dicit nihil imeresse inter Episcopum Presbyterum sed agnoscimus distinctionem graduum propter {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} Ecclesiae ut concordia conservetur * Calv. de necess reform Ecclesiae Talem nobis Hierarchiam si exhibeant in qua sic emin●ant Episcopi ut Christo subesse non recusent ut ab i●o tanquam unico capite pendeant ad ipsum referantier in qua sic inter se fraternam societatem colant ut non alio modo quam e●us verit●te sint colligati tum vero nullo non anathemate dignos fateor si qui erunt qui noa eam reverenter summaque obedientia observent † Beza de grad. Minist. Evang. c. 18. Sess. 3. Quod si nunc Ecclesiae instauratae Anglicanae suorum Episcoporum Archi episcoporum authoritate suffultae perstant quemadmodum hoc illis nostra memoria contigit ut ejus ordinis homines non tantum insignes Dei Martyres sed etiam praestantissimos Doctores Pastores habuerit c.

Brethren whom peradventure nothing will content but an illimited Power to Lord it in their Parishes and assisted with their Confederates to make their Consistories as well the Benches for secular Cases as the Tribunals for Ecclesiastical and all under a notion of The Power of the Keyes To these in particular if such there are I do friendly recommend this following work hoping that when they feel the force of Argument in their strong convictions they will not be ashamed to confess their mistakes and study to be quiet The Author of this Book was known to be a burning and a shining light untill malice and mischief shut him up in a Prison and put out his Lamp His Speech in the Assembly against this Covenant was at that time so distasted that his impatient and too zealous Brethren suffered him not to render those his Reasons in defence of Episcopacy which are added to this Work When they therefore hastened to swear the League he retired to his house to grieve and to pray Y from that time forward he was neither secure in his study nor safe in his house It was his seeming sin that he so freely delivered his conscience and his punishment was Plundring Sequestring Imprisonment and Death While he continued a Prisoner he composed this Book at the request of a friend and the importunity of his Letter wherewith it begins I suppose that none will gain-say the observation of the Father Conflictatio in adversis probatio est veritatis He was not ashamed of his chain because he endured those pressures as a faithful Son of that true Church whereof Cassiod in Psal. 1. saith Novit Ecclesia beneficia Domini triumphat de suis cladibus afflictione semper augetur sanguine martyrum irrigatur tristitiâ magis erigitur angustiâ dilatatur fletibus pascitur jejuniis reficitur indè potius crescit undè mundus deficit Let the judicious and impartial Reader censure it as he pleaseth I shall end this Introduction with the words of Horace Si quid novisti rectius istis Candidus imperti si non his utere mecum TO My Reverend and much esteemed Friend D. F. SIR THE Winde is stormy and the Sea troubled and we are to cut a way through a narrow passage between two dangerous Rocks wherein if we steer not warily and evenly it cannot be avoided but we shall make shipwrack on the one side or on the other on the one side of Loyalty and a good Conscience on the other of Liberty and our Estate In this case to whom should we rather have recourse then to an antient and skilful Pilot who hath sounded the depths of Theological Controversies and heretofore hazarded his life to save others from drowning in the Sea of Errors Moreover none in my judgement so fit to resolve a Case of Conscience and that of greatest importance as a faithful Minister of the Gospel who hath suffered for Conscience I pray Sir be not shie of your best advice for if we miscarry through want of your Direction all your excuses will prove unexcusable before God What though you have resolved to conceal your self and you lie hid at this present in the dark Yet like a Chrysolite or Carbuncle glowing with Divine fire you shine the brighter I intreat you therefore of all loves to cast a careful eye upon the late Covenant and in the sieve of the refined judgements of the subtilest Casuists to sift it to the bran and send the result of your thoughts upon it to Your Ancient And true affectionate Friend E. G. From London this 12. of February 1643. TO My Noble and much Honored Friend E. G. Worthy Sir IN this tempestuous season like that in Rome when as Livie relateth it rained bloud for many dayes the best counsell I can give is That you and all who are like you from whose Prayers offered up with strong cryes heaven suffereth violence would cry aloud with the Disciples when the ship was covered with waves Save us Master we perish that so he being awaked by our watchful devotion may rebuke the winds and the Seas and restore unto us our former calm and Halcyonian dayes For particular directions how to steer your course between the Rocks you mention upon which you are in danger to split either your Conscience if you enter into this New Covenant or your Estate if you enter not into it you cannot expect them from me For though I have for many years studied the Compass of Gods word yet I am no Pilot. I have ever lived under the hatches and never sate at helm in Church or Common-wealth And if I should take upon me the office of a Steerman and you following my advice should miscary and be dasht in pieces or sunk in your fortunes in stead of thanks from you I were like to receive curses from your family and posterity Yea but I am say you a dispenser of the mysteries of salvation and it is required of a Steward that he be found faithful and I have suffered already for the testimony of a good Conscience and therefore ought not for any fear or terrour conceal my judgement or stifle the truth I cannot deny my function neither will I betray my innocency neither am I afraid of any thing so much herein as this That if you make me your Casuist your case will be soon like mine and by gaining the truth you will be a loser But I check my self in these thoughts with the words of our Saviour What will it advantage a man to win the whole world and lose his own soul What will it avail the master of a Ship to save his whole fraight if he lose that pretious pearl which the rich Merchant sold all that he had to buy This peerless pearl no plunderer can rob us of this affordeth me a comfortable light in the thickest darkness of melancholy thoughts Save for this I account my self nothing worth at all No carbuncle as your love overpriseth me but a dead coal now resolving into ashes and as I lie hid in the dark so I desire from this obscure state to steal into heaven and in the mean while Ita vivere ut nemo me vixisse sentiat so to passe through these angry and working seas that none may discern the print of my Keel Notwithstanding because you charge me so deeply by all the ties of Christian charity which is the bond of perfection I will freely open my self concerning the Engagement of our Conscience in the New Covenant and return you not so much a punctual as a poignant resolution Yours to serve you in the Lord D. F. THE COVENANT Which caused these Scruples of Conscience Here followeth A Solemn League and Covenant for Reformation and defence of Religion the honour and happiness of the King and the Peace and Safety of the three Kingdoms England Scotland and Ireland WE Noblemen Barons Knights Gentlemen Citizens Burgesses Ministers of the Gospel 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 Jesus Christ the honour and happiness of the Kings Majesty and His Posterity and the true publick Liberty Safety and Peace of the Kingdoms wherein every one private condition is included and calling to mind the treacherous and bloudy Plots Conspiracies Attempts and practises of the Enemies of God against the true Religion and professors thereof in all places especially in these three Kingdoms 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 Charch and Kingdom of Ireland the distressed estate of the Church and Kingdom of England and the dangerous estate of the Church and Kingdom of Scotland are present and publick Testimonies We have now at last after other means of supplication Remonstrance Protestations and Sufferings for the preservation of our selves and our Religion from utter ruin and destruction according to the commendable practise of these Kingdoms in former times and the Example of Gods People in other Nations after mature deliberation resolved and determined to enter into a mutual 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 do swear I. THat we shall sincerely really and constantly through the Grace of God endeavour in our several 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 endevour to bring the Churches of God in the three Kingdoms to the nearest 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 II. That we shall in like manner without respect of persons endeavour the extirpation of Popery Prelacy that is Church-Government by Archbishops Bishops their Chancellours and Commissaries Deans Deans and Chapters Archdeacons and all other Ecclesiastical Officers depending on that Hierarchy Superstition Heresie Schisme Profaneness and whatsoever shall be found to be contrary to sound Doctrine and the power of Godliness lest we partake in other mens sins and thereby be in danger to receive of their plagues and that the Lord may be one and his Name one in the three Kingdoms III. We shall with the same sincerity reality and constancy in our several Vocations endeavour with our estates and lives mutually to preserve the Rights and Priviledges of the Parliaments and the Liberties of the Kingdoms and to preserve and defend the Kings Majesties person and authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with our Consciences of our Loyalty and that we have no thoughts or intentions to diminish His Majesties just power and greatness IV. We shall also with all faithfulness endevour the discovery of all such as have been or shall be Incendiaries Malignants or evill Instruments by hindring the Reformation of Religion dividing the King from his people or one of the Kingdoms from another or making any faction or parties amongst the people contrary to this League and Covenant that they may be brought to publick triall and receive condign punishment as the degree of their offences shall require or deserve or the supream Judicatories of both Kingdoms respectively or others having power from them for that effect shall judge convenient V. And whereas the happiness of a blessed Peace betweene these Kingdoms denied in former times to our progenitors is by the good providence of God granted unto us and hath been lately concluded and setled by both Parliaments we shall each one of us according to our place and interest endeavor that they may remain conjoyned in a firm Peace and Union to all posterity And that Justice may be done upon the wilful opposers thereof in mannr expressed in the precedent Articles VI We shall also according to our places and callings in this common cause of Religion Liberty and Peace of the Kingdoms assist and defend all those that enter into this League and Covenant in the maintaining and pursuing thereof and shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terror to be divided and withdrawn from this blessed Union and Conjunction whether to make defection to the contrary part or to give our selves to a detestable indifferency or neutrality in this cause which so much concerneth the glory of God the good of the Kingdoms and the honor of the King but shall all the dayes of our lives zealously and constantly continue therein against all lets and impediments whatsoever and what we are not able our selves to suppress or overcome we shall reveal and make known that it may be timely prevented or removed All which we shall do as in the sight of God And because these Kingdoms are guilty of many sins and provocations against God and his Son Jesus Christ as is too manifest by our present distresses and dangers the fruits thereof We professe and declare before God and the world our unfained desire to be humbled for our own sins and for the sins of these Kingdoms especially that we have not as we ought valued the inestimable benefit of the Gospel that we have not laboured for the purity and power thereof and that we have not endeavoured to receive Christ in our hearts nor to walk worthy of him in our lives which are the causes of other sins and transgressions so much abounding amongst us And our true and unfained purpose desire and endeavour for our selves and all others under our power and charge both in publick and in private in all duties we owe to God and man to amend our lives and each one to go before another in the example of a reall Reformation that the Lord may turn away his wrath and heavy indignation and establish these Churches and Kingdoms in truth and peace And this Covenant we make in the presence of Almighty God the searcher of all hearts with a true intention to perform the same as we shall answer at that great day when the secrets of all hearts shall be disclosed Most humbly beseeching the Lord to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with such successe as may be deliverance and safety to his people and encouragement to other Christian Churches groaning under or in danger of the