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A80836 [Analēpsis anelēphthē] the fastning of St. Petrrs [sic] fetters, by seven links, or propositions. Or, The efficacy and extent of the Solemn League and Covenant asserted and vindicated, against the doubts and scruples of John Gauden's anonymous questionist. : St. Peters bonds not only loosed, but annihilated by Mr. John Russell, attested by John Gauden, D.D. the league illegal, falsly fathered on Dr. Daniel Featley: and the reasons of the University of Oxford for not taking (now pleaded to discharge the obligations of) the Solemn League and Covenant. / By Zech. Crofton ... Crofton, Zachary, 1625 or 6-1672. 1660 (1660) Wing C6982; ESTC R171605 137,008 171

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expression of their affection only wishing it may have its dependance on right Reason yet confess petitioning is every mans liberty And for the fourth and fifth That they held their livelyhoods by such titles and were sworn to preserve the immunities liberties and profits of the same I only say they held them at the pleasure of the Parliament whose power is over the enjoyments of all persons and publick much more particular societies against whose Laws no Domestick Laws or Oaths could bind and so their plea in this amounts to no more than what might be said for the Monasteries and Abbies which I presume they will not say were wickedly demolished unless they prove Arch-bishops Bishops Deans Deans and Chapters to be built on a better foundation which I would not advise them to seek in the Statute of Carlile repeated in the 25. Edw. 3 d. in which they are conjoyned Their fifth exception is In respect of their Obligation by Oath and Duty to the King Oxford Reasons fifth Exception to the 2d Article of the Covenant and therein their dissatisfaction doth arise from the Oath of Supremacy Coronation Oath The benefit this Government brings unto the Kings Honour and Estate The ●greeableness of this Government to the Civil Constitution of the Kingdom Unto which I answer briefly That the Oath of Supremacy doth acknowledge the King to be the only Supreme Governour in all Ecclesiastical Causes and over all Ecclesiastical persons and that by the Oath of Supremacy and the protestation of the fifth of May they and we were bound to maintain the Kings Honour and Estate and Jurisdiction we freely grant but in swearing to endeavour the extirpation of this Government by Arch-bishops Bishops c. I see not the danger of disloyalty or injury to the King or double perjury to our selves or contradiction to the Parliaments declared and professed knowledge that the King is entrusted with the Ecclesiastical Laws as well as Temporal and therefore wish the nature of the Kings Supremacy may be well considered That the King is Supreme Head and Governour of the Subjects distributively or particularly considered no sober man will deny or that he is the Supream and Topmost Branch and Apex of all that Honour Power and Authority with which the Collective Body of the Nation the three Estates in Parliament Assembled in respect of which the Lords and Commons Methodiet Majestatis causa apply themselves unto Him under the Title of Our Soveraign Lord no Regular man will deny and that he is Supreme in all Exhibition and administration of Justice so that the Judges are by and from Him and in His Name and Authority and so all Submission Honour and Acquiescency in Judicial Proceedings is to Him no good Statist or Civilian will deny and that He is Supream Head and Governour in things Spiritual and Ecclesiastical Ratione objecti or circa Ecclesiam the Executive Administration about not in the Church within His Dominions in opposition to all Papal and Forraign Power no Free-born Subject Good Christian or Protestant will deny but that He is so Supream as to have in Himself sole Legislation to the Church in things Political but belonging to the Church such as is the publick National profession of Christian Faith in such a Form and Method of Articles such a National uniform and publick method and order of worship and such a National Discipline and Government of all the Churches within His Realm so as that the People in Parliament Assembled may not debate consult conclude concerning them and sedente Parliam●●to put in execution by present supersedeas of former Acts and by present Votes and Orders of Restriction and Regulation as in other Affairs of the Nation I think no Loyal Subject Wise Politician Good Statesman or True-born English-man will affirm for that the Supremacy of the King is affixed by the power of Parliament and in all Writs of Summons they are called to consult the ardent Affairs of the Church no less than of the Civil State and the thirty nine Articles Form of Common Prayer and the Government of the Church lay claim to Acts of Parliament for their Civil Sanction and the Parliament in the Remonstrance of December 1641. owned and cited by these learned men do declare the King entrusted with the Ecclesiastical Law to regulate all the Members of the Church of England by such Rules of Order and Discipline as are established by Parliament and the very Statute enjoyning the Oath of Supremacy and the Admonition of Queen Elizabeth in Her Injunctions appointed by Statute to be the Exposition thereof doth oppose the King to the Pope and * That is to say under God to have the Sove aignty and Rule over all manner of persons born within her Majesties Dominions or Countries of what Estate soever Ecclesiastical or Temporal as no Forraign power shall or ought to have any superiority over them Admon Enacted to expound the Oath of Supremacy quinto Elizab. primo Forraign power not to the Parliament and makes Him the executor of all Jurisdiction Superiority and Preheminences by any Ecclesiastical power or authority which heretofore hath been and may be lawfully exercised which was always directed by power of the Parliament of England And I remember the Lord Chief Baron Bridgeman in his late learned Speech concerning the Kings Supremacy unto the late condemned Traytors at the Old Baily did declare the King to be Supream that is beyond the Coercive power of His people but not to have the Legislative power in His own Breast so as to Rule at His own Will and the known Estate of England is to be Ruled and the Coronation Oath binds the King accordingly in all Ecclesiastical and Civil Affairs by such Lawes quas populus elegerit as the people shall choose so that His Majesties Supremacy is not denied when His Prerogative amplified by the Statute of 1 Elizabethae Ca. 1. is contracted and abridged by the Statute of Caroli 17. Or when the Parliament do see good by their Votes Resolves Orders or imposed Oaths to alter or extirpate the Government which the King was empowred to execute and administer His Supremacy being purely executive and that subject to the Legislation of Parliament upon which account the Peoples Oath of maintaining the Honour Estate and Jurisdiction of the King may be voided as to this and that particular mode and thing and yet the Parliament not take upon them to absolve the People from that obedience they owe under God unto the King nor is the limitation of the exercise of Supremacy as to this or that particular and in this or that species inconsistent with or destructive to the Kings Supremacy rightly understood And on these Considerations let it be observed that the Kings Coronation Oath to grant keep and confirm the Laws Customes and Franchises granted to the Clergy by the glorious King Saint Edward and preserve to the Bishops their Churches all Canonical priviledges c. which
their former Protestation if rightly understood in sundry the most material Branches of it Unto this Sir I must say that I know not what did appear to them to have been the power of the imposers and challenged in former times only unto me and many others it did appear not to he the meer natural Power of the People preposterously and in a tumultuous manner assembled who yet do appear to have a power to impose on themselves an Oath and to whom I find Soveraignty it self to speak it with due Reverence in some measure subjected and its obligation superseded if not made void clearly barred from execution if but by the impossibility put thereon as it was in the case of Jonathans Rescue which I shall only report in the words of Bishop Hall Saul hath sworn Jonathans death the people contrarily swear his preservation Halls Contem. p. 1038. his Kingdom was not so absolute yet more absolute than Englands that he could run away with so unmerciful a justice their Oath which savoured of disobedience prevailed against his Oath which savoured of too much cruelty and so long as his heart was not false to his Oath he could not be sorry Jonathan should live I do not in any case justifie the preposterous and tumultuous Assemblings and Assumptions of the People whereby they lay on themselves Bonds which must not be broken and cannot well without much difficulty be kept yet I cannot but observe many times whereby the Vox populi is Vox Dei as in the very change of the Government of Israel on which Dr. Hall Notes It was Gods ancient purp se to raise up a King to his People Page 10.24 how doth he take occasion to do it by the unruly desires of Israel but blessed be God this was not the case of the Covenant the imposers did not assemble on their own heads and by violence and disorder assume unto themselves an unusual power The power imposing this Covenant was a Parliament the Collective Body of the Kingdom Duly Summoned Regularly Elected and returned Rightly Constituted and Readily Embraced by King and Kingdom and animated with more than ordinary Parliamentary power by the Bill for their continuance against all Casualties so as not to be Prorogued Adjourned or Dissolved without their own consent And can any True-born English man in any measure acquainted with the constitution of this Kingdom or the Authority of the High Court of Parliament deny these to be a just and lawful Authority to resolve order and enjoyn yea and execute their Resolves Orders and Injunctions during the being of their power though not to establish Lawes to be executed when they were dissolved and gone Sir I cannot without sad thoughts remember the unhappy difference between His late Majesty and the late long Parliament which occasioned the unhappy opposition of the Peoples Liberty and the Kings Prerogative as I cannot but wish they had been acted so conjunctly that they might have seem'd to vulgar apprehension to have been but one so I cannot but judge it prudence that a period be put to the dispute thereof upon the now Happy Re-union of his most Sacred Majesty and these too long distracted Kingdomes I am clearly of opinion with Aristotle that Prince of Politians Aristot Polit. lib. 5. c. 10 11. That Regal Government is best established where the Princes and People do participate of it and that Theopompus the Spartan in transmitting some of his Prerogative to his Ephori Princes might well maintain the encrease of his Dominion whilst he made it longer by making it less I think therefore that the wisest men and best Subjects will rather think then assert a Prerogative in the King above His Parliament and I for my part should be content to find in the Parliament a sufficient power to impose an Oath on the Subject without the Kings consent rather than to assert their Superiority unto Him in all points and particulars And when Sir I consider the power even over and against their King in the Princes and the Collective Body of the People Recorded in Scripture as in making War Josh 22. Judg. 20. Changing the Government 1 Sam 8. Choosing and establishing not only their first but succeeding Kings though immediately appointed and sometimes anointed by God as in the case of David Solomon and Rehoboam and others in removing from the King Favourites and Counsellors as David was against the mind of Achish the King dismissed by the Princes of the Philistines 1 Sam. 29. in restraining the Kings purpose of destruction confirmed by an Oath once and again as in the case of Jonathan or of protection as in the case of Jeremiah the Prophet concerning whom Zedekiah the King said He is in your hands the King is not he that can do any thing against you Jer. 38.5 In these and the like cases Josephus tells us Joseph Antiq. Jud. lib. 4. cap. 18. the King might not do any thing without or against the sentence of the Senate or Congregation Methinks a divine defence may be well made for the power of the Parliament in this case acted and admitted though without and against the consent of the King And when I consider what is Dogmatically asserted by Polititians and no mean Lawyers in reference to the power of general Councils and Conventions of Kingdoms in general Foxe Acts and Monuments p. 616. as of Englands Parliaments in particular as in the Council of Basil against the Pope the whole Realm hath more Authority than the King The same asserted by Marius Salamonius who by many Arguments doth defend it De principatu lib. 1. p. 17 18. he was a Roman Lawyer and Philosopher Hollingshead and Vowel in their Description of England declare concerning the Parliament That this Court hath the most high and absolute power of the Realm and that not only without but against the King by it offenders are punished and corrupt Religion reformed or disannulled and that whatever the people of Rome might do centuriatis comitiis or tribunitiis Vot 1. cap. 1. p. 173. which I am sure was to impose an Oath the same is and may be done by Parliament unto which may be added what is spoken to the same effect and almost in the same words by Sir Thomas Smith Secretary of State to King Edward the sixth and Queen Elizabeth and a Doctor of the Law in his Common-wealth of England and Horne an Eminent Lawyer in Edward the first his Reign in his Mirrour of Justice cap. 1. p. 7 8 9. and Fortescue Lord Chancellor to Henry the sixth in his Book de Laud. Leg. Angl. cap. 9. and Bracton quoted by these learned men who certainly affirms more than they can approve Rex habet Superiorem Deum item legem per quam factus est Rex item curiaem suam viz. Comites Barones c. Et ideo si Rex fuerit sine fraeno debent ei fraenum imponere and above all the Soveraign Powers
of Parliaments judiciously defended in our very case by that profound Lawyer Mr. William Prynne approved no less Loyal to and Zealous for the Kings Prerogative than Loving to the Peoples Liberties I see not how we can avoid this Conclusion That the Votes Orders and Ordinances of the Lords and Commons in Parliament even without or against the Kings personal command is to be obeyed and observed Lastly When I observe the Transactions of Parliament in the times of Vortiger Sigebert Ofred Beornerde Edwin and Edgar and other Saxon Kings Deo dictante annuente populo the power of Parliaments in the times of King John King Henry the third Richard the second and other Kings of England refusing to assemble at the Kings Call assembling without the Kings Writ establishing Laws correcting Vice and Misdemeanour executing Justice and entring into Oaths and Covenants without and against the Kings consent and when I observe in all Parliaments a power of regulating the Kings Court and Council of restraining limiting and enlarging the Kings power of Jurisdiction and Prerogative nay of making void or valid a Title unto the Succession to the Crown as in the times of Henry the eighth in case of his many marriages and that during the Session of Parliament all Laws are under covert at their feet to be by them established or destroyed and are by any Vote or Order superseded before a formal Repeal and that in all Ages and on all sides it is confessed and cannot be denied that the authority of Parliament is exercis'd in al Votes Orders and Ordinances of the two Houses unto the decision of present controversies upon Appeal from other Courts of Judicatory wherein they can and may authorize Examinations on Oath and make a final judgement unto the ease and relief of the Subject not otherwhere relievable unto the enforcement of any Act to be at present done and executed for the good of the Kingdom or any particular persons or society thereof without so much as desiring the Kings consent and concurrence and if this power should be denied what could the freuqency of Parliaments provided for by the old Law of King Alfred and after by the Statutes of 4. Ed. 3.4.36 Edw. 140. twice or at least once every year on this very ground that the people might receive right by holy judgment such was the judgment of Parliament deemed and that the mischiefs and grievances which daily happen might be redressed if need be on which account Proclamation was wont to be made in the open Palace before the breaking up of Parliament Whether there be any that have delivered a Petition to the Parliament and not received answer thereunto And this power removed what will avail the Triennial Parliaments conceded by His late Majesty or of what benefit was the continuation of this late long Parliament against all Casualties whatsoever that might fall out to dissolve them Can it be rationally imagined that their being should be continued and secured to sit within those Walls in Council and Debate without any power to order or execute the Emergent Affairs of the Nation These things well considered I s y I see not how the imposing an Oath can be an assuming or the people swearing an acknowledging of a greater power than hath in former times been challenged If these Gentlemen will consult our own Histories in the cases before touched they will find a power much greater not only challenged but assumed and exercised the which the season and present state of Affair do forbid me to recite in hopes that there will be no need to rip up our wounds newly healed and these generals may I hope sufficiently justifie the sufficiency of that authority which brought us into Covenant But these learned men suggest an inconsistency of this power with their former Protestation in sundry material Branches Methinks Sir they should have specified those Branches and the rather because material and many The Protestation contains not many Branches and those few seem to be fully conform to this Covenant in all the particulars and wherein they have supposed a contrariety we have before evidenced only a dissonancy at the most and that Ratione not Re in the manner of expression not the thing sworn they then protested to preserve the power and priviledges of Parliament and should not covenant any more nay scarce so much in this Oath for they herein promise to preserve the Rights and Priviledges which is something softer than power and I wonder they that then saw a power to be preserved could not now see a right I will only enquire whether they thought the Parliament had a power to impose that Oath and not a right to impose this There was no Act of Parliament nor Assent of the King to that I observe the King in His Messages to the Houses doth note it to be their own Protestation as if He had no hand in it nor consent unto it and if by power they should mean natural strength not political authority it hath been urged by many as their grievance and by these Gentlemen themselves in the foregoing Exceptions that they had too much of that It is the unhappiness of a scrupulous conscience to run it self on contradiction in actions as well as assertions to swear as lawfully called at one time but not to dare to swear an Oath containing the same matter though called by the same authority another time But that which was the greatest doubt with these learned men was Pag. ibid. 4. the King by His Proclamation Octob. 9.19 Carol. had expressely forbidden the entring into this Covenant it being in His power to make void the same That such an Interdict had been published by His late Majesty we cannot deny League Illegal p. 16. but not as Dr. Featly his ghost supposeth on pain of Treason for no Proclamation of the Kings of England did claim the formality of a Law so far as to fasten Treason on the non-observance of what is thereby enjoyned 2. I am not satisfied how regularly His Majesty did issue forth the said Proclamation which is not usually done but by the advice of His Council who are vailed by the Session of Parliament and all Proclamations then usually run by the Advice of the Lords and Commons in Parliament assembled and if at any time the Lords and Commons or either of them during their Sessions give out Orders not only relating to the Estate they represent but to any others the Subjects of this Realm it hath not been usual for the King by the Authority of His Proclamation to thwart oppose and void them and in a case of this nature a good observer may find the Parliament have judged the Kings opposing or taking notice of any thing by them debated or ordered before it is regularly propounded to Him by themselves to have been a breach of priviledge and so to have been acknowledged and as such retracted by His late Majesty the little pleasure I have
signification yet by long and common appropriation as obvious to vulgar capacity to denote a special kind of government in the Church as tyranny in reference to the Common-wealth Yet it is restrained by a more particular denomination Hierarchy holy government by the order of holy high Priesthood as some do fancy and specifical description by its enumerated substantial parts Archbishops Bishops Deans Deans and Chapters in which it formally existed and separable adjuncts Commissaries Chancellors and other Officers depending thereupon so that these not in sensu composito that the removal of any one Officer might suffice but complexo the Government conaining all or any of these is the object sworne against appears to every unprejudiced Reader and so it squares with the Act expressed by the most significant word which could be devised viz. Extirpate which certainly every ordinary reader knoweth to amount unto more than mutation by dismembring some separable adjuncts thereupon dependent as Commissaries or Chancellors or by limitation and regulation which yet makes the Bishops holy hands essential to all acts of confirmation of Catechumenists or Ordination of Ministers or Jurisdiction in the Church though there be never so many grave learned and pious Presbyters and Pastors a few of whom may be his Lordships Council without any intrinsecal authority in themselves and without him whilst all men know to extirpate signifieth una cum stirpe evellere to pluck up by the very root In this point if the words of the Oath were not sufficiently clear and the Lawyers rule Lex currit cum praxi may point us to a Comment The Petition opposed by the * Bishop Hall Remonstrant defended by Smectymnuus presented to the Parliament the debates many speeches and resolves in the Houses which preceded and produced the advice of the Assembly of Divines Ordinances of Parliament and Oath of His most Sacred Majesty as King of Great Britain in pursuit of the Covenant which ensued upon the swearing the same hath written this sense in such legible Characters that all may run and read it And although I would not require any thing more I can take nothing lesse because God alloweth no abatements in an Oath than what hath been sworn though it should appear good and profitable but not necessary necessitate precepti divini However others may flagge and faulter or fall off from the Covenant I must tell the assertors of the Presbyterial Government that if they have no conscience they are hedged into the observance of it on the account of Credit Reasons of the present judgment of the University of Oxford concerning the Solemn League and Covenant Sect. 7 p. 21. for the University of Oxford as with them combin'd to their reproach from the Jesuites and Sectaries hath charged it to be their property to swear one thing in their words and in their own sense to mean another to invent Oaths and Covenants for the Kingdom dispence vvith them vvhen they please swear and forswear as the wind turneth like a godly Presbyter which if any of them will dare to verifie they shall give me leave to mourn alone for their iniquity for by Gods grace my soul shall not enter into the secrets of an Art so sinful and shameful before God and men but study that Rule Be vvise as Serpents but innocent as Doves Courteous Reader I have held thee too long in the threshold I shall stay thee no longer save to tell thee if in any thing I seem indiscreet it is in venturing something of Answer to the Reasons of the University of Oxford which every simple Anti-covenanter and scurrilous Pamphleter not able by the least Casuistical consideration to discharge the Covenant do revive and run into as the Gordian knot never to be loosed and to which my Antagonist Dr. Gauden beaten out of his own Divinity doth retreat as to his impregnable Castle of confidence which may indeed savour something of arrogancy in any single opponent by whose over-matched weaknesse the cause may suffer Give me leave to tell thee the dread hereof hath smothered in silence what is now drawn out by the reputation of unansvverable Reasons they have received amongst the enemies of the Covenant I cannot live by an implicite faith but in a case of conscience must examine the considerations of the most learned Society General Councils are more authoritative and authentick than any single University yet they have erred and their errors have been detected by single persons And how foolish soever I may seem I have so much wit as to know Timidi ignavi nunquam erigent Trophaeum Honor attends not Dastards And again Trophaeum ferre me à forti viro pulchrum est sin autem vincar vinci à tali nullum est probrum It is an honor to Scanderbeg to beat not any shame to be beaten by the numerous Turks If I be vanquished by their more learned pens it can be to me no disgrace nor to truth any great dammage whilst my being over-poured in so good a cause will engage more able men who have any zeal for or conscience of the Oath of God which lieth on us our King and Kingdom to appear for the relief and defence thereof In expectation of which I cast my self on thy candor and ingenuity Zach. Crofton ΑΝΑΛΗΨΙΣ ΑΝΕΛΗΦΘΗ The Fastning of St Peter's Fetters OR The Solemn League and Covenant and its Conscience-binding Power Asserted and Vindicated c. in an Epistle to the Right Worshipful Sir Lawrence Bromfield Knight and Colonel in LONDON The PREFACE Right Worshipful IF without suspition of blasphemy and irreverence towards Sacred men and Sacred writ I may pursue Dr. John Gauden's Metaphor I cannot but tell you mens prophane neglect and contempt of the Covenant did not a little perplex me but that Solemn and Sacred Oaths should be deemed St. Peters Bonds and that Protestant Divines dreaming of an Apostolical Priority should by Popish Arguments attempt his Release to the Re-establishment of the Papatum alterius mundi as it was is and must be owned of Episcopacy in Lawn sleeves exercising Paternal Authority over their brethren as the peoples * Dr. John Ganden's Analysis of the Covenant p. 17. equals and inferiors because in black coats did much more afflict my spirit Sir in sence hereof I did send out my Analepsis after the Doctors Analysis and made bold to withstand St. Peter to his face for he was to be blamed and indeed condemned as * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the word in Gal. 2.11 doth signifie and brought him back to prison it must be so esteemed with silence hearkning for his joyful songs under Christ his Masters yoke and in those holy Stocks and resolved submissively to wait on God to perfect the peace and purity of his Church in England and plead the quarrel of the Covenant but the Grating Files of some more willing than able to dismiss my prisoner have disturbed my rest Truly Sir I love St. Peter better in
putting on it a sense agreeable to their purpose which is repugnant to the plain and express Letter of the Covenant in the point of Episcopacy correcting their infirmity graviori peccato with a more grievous impiety mending rash swearing by plain perjury and after a sober admonition and refutation pertinaciously retain their resolution by publishing the very same pleas for breach of Covenant and braving it to the world with a bold asserting Dr. Gaudens Epistle to the doubts and scruples about taking the Covenant No sacred Oath or Promise can bind the soul of man from its just freedom which is rational civil moral legal and religious nor can it be bound to execute or fulfil any such when it is willingly or by inadvertency or malice formally engaged by them but not really to them I wish Sir that this Doctor would attend Doctor Halls Divinity with as much diligence as he seems to me to affect his Dialect What a preposterous and immethodical course do the Divines of our time take to discharge the obligation of the Covenant by scandalizing the same with the irregularities which attended the first taking of it That many miscarriages occasioned by the commotion and turbulency of those martial days in which it was digested and propounded to the people did accompany the Covenant when tendred and first taken I can easily consent but not so great as they seem in the multiplyidg-glass of passion and prejudice by which they are now suggested much less were they so great as to discharge the bond of it I confess the Covenant ought not to have been the effect of Scottish importunities or English compliances nor to have been brought forth by the midwifry of tumults and engaged enraged Armies parties and factions nor its convictions and perswasions to have been by sequestrations and imprisonments as Dr. Gauden in his Analysis suggesteth but I on grounds urged in my Analepsis cannot yield it was yet grant it will these things avail to the discharge of its binding force and make it void Nothing less Nay League in the Illegal Sir should I consent and subscribe unto the verity of the Arguments urged by Dr. Featley his Ghost and admit what I shall hereafter deny 1. The supposed Solecism and mistaken order of the words in the Covenant 2. The supposed end and aim of the Contrivers of the Covenant 3. The wants of authority in the Imposers 4. The ambiguity and seeming contradictions of many expressions 5. That many took it not in Truth Righteousness and Judgment 6. That it wants warrant in Scripture and is onely bottomed on the basis of Natural Policy 7. That it is derogatory to Englands honour 8. Taken without important cause and urgent necessity and so was faulty in these and the like circumstances which call for Repentance in Imposers and Takers yet it must be a Solecism in Divinity to awake this book and send abroad these exceptions against the Act of making and swearing the Covenant in hope that a review of them may make us repent and be wise and to confirm men the Apostates in their aversion pretended conversion from he Covenant and draw others from it by the strength of conviction I will grant his Maxime Deliberandum est diu quod statuendum est semel And though I believe the determination of the Covenant was on due advice yet we will consent unto him to repent and confess these mistakes But I must tell his Majesties Chaplain that Dr. Saunderson will not upon all this give us leave to cast off the Covenant but constrains our consciences to revive it Juramentum de re non illicita sit aliunde illicitum Sanderson de juramento prael 2 a. p. 55. ex aliquo externo defectu propter aliquam indebitam circumstantiam respectu actus jurandi possit obligare jurantem ad implendum quod promisit An Oath lawful in the matter unlawful in external undue circumstances in the act of swearing binds to accomplishment This Sir hath the more influence upon me because it is Oxford Divinity conceived to be read on the occasion of this Covenant We confess with Augustine David juravit temere sed non implevit majori pietate David sware rashly but with piety repented and retracted because the matter self-revenge in Nabal's ruine was wicked Which is not our case when the matter of the Covenant appears to be manifest sin we must retract it till then we will repent rashnesse unadvisednesse in the act but retain its obligation lest we patch up sinne by sinne Now I deal with His Majesties Chaplain may I Sir make bold to whisper another notion of Divinity in his ear he may have occasion and opportunity to use it Sir it is this That a Peoples imposing on their Prince and binding him to terms and bringing him under an Oath not onely for themselves but all their fellow-subjects in all or any the Kings Dominion for which act the Scots are much censured and could I have advised should have been more innocent savours something of disorder tumult irregularity and vulgar violence And yet Grotius determines the matter being lawful it obligeth the Prince so sworn because God is invocated and the King was voluntarily subjected Though he doubt the power of Co-action of a Princes performance by men yet he affirms the obligation befor God Crotius de jure belli pacis l. 2. c. 14. p. 233. His conclusion is this on the discussion of the Question Dicimus ergo ex promisso contractu regis quem cum subditis iniit nasci veram ac propriam obligationem quae jus det subditis The promise or Covenant into which the King shall enter with his subjects doth engender a true and proper obligation and conser on the Subjects a right whereon to demand performance I will not justifie all past actions but can scarce refrain from adding to the Letany From contrary Coronation-Oaths good Lord deliver us Lastly How far wide do they shoot who direct the private doubts and particular scruples of private persons or societies against the taking the Solemn League and Covenant to discharge its obligation Men print and re-print the Oxford Reasons and make a great noise with them in the world and yet they are meet private reasons professedly relating to their own refusal of the Covenant and they never tell us whether they or any of the persons concerned received satisfaction to their reasons Not to judge the consciences of others but to clear our selves before God and the world from all suspicion of obstinacy Oxford Reasons Pref. p. 1. and after submitted to the taking of the Covenant nor is it considered the Reasons do profess an Apology and pray a personal excuse of themselves from the Act but do not so much as pretend to acquit the bond of the Covenant to such as had taken it Now granting that these Reasons might have that force that the Authors of them could not without sin conform to
Containing exceptions to the first Article of the Covenant really and constantly through the Grace of God endeavor 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 endeavor 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 endeavor the extirpation of Popery Prelacy that is Church-Government by Archbishops Bishops their Chancellors 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 pertake 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 reallity and constancy in our several Vocations endeavor 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 endeavrr the discovery of all such as have been or shall be Incendiaries Malignants or evil 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 trial 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 between 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 remaine conjoyned in a firm Peace and Vnion to all posterity And that Justice may be done upon the wilful opposers thereof in manner 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 Kingdom 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 Vnion 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 honour 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 suppresse 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 When I consider the matter of these several promises to have been propounded by a Parliament on advice had with an Assembly of Grave Learned and Judicions Divines who were to discover sin and make men to discerne between good and evil I cannot but retain a strong conjecture that it is all good and lawful And when I consider His late Majesties dissatisfaction expressed in His Contemplations to be more in respect of the manner than the matter my conjecture is much confirmed And when I observe His most Sacred Majesty at His late Coronation to have by Solemn Oath testified His allowance and approbation of the Solemn League and Covenant and by His Royal Declaration from Dumfirmling to have professed That on mature deliberation and being fully satisfied of the lawfulnesse and equity of the Solemn League and Covenant and every the Articles thereof Himself had sworn it and conjureth all his Subjects to lay aside their opposition to it Loyalty leads my conjecture unto a conclusion For such serious scrutiny by so sage and conscientious persons and that under the afflicting hand of that God who will not be mocked could not but have described the sinfulnesse of the matter if it be found But when I weigh the particulars promised and find them to be the Preservation of Religion and Reformation wherein it is corrupted and removal of what is thereunto obstructive as to the religious part of it and the preservation of the Kings Prerogative and peoples liberty and Nations unity and removal of the enemies thereof as to the civil part of it my conclusion is established and I find it so farre from unlawful that it binds us not to any thing which in the nature of it is not on us a positive duty though not bound by this most Sacred Bond and so farre is this Covenant from a repugnancie to our baptismal Covenant as our Dr. hath suggested in his * Page 12. Analysis that as I have in my * Page 22. Analepsis noted It is no hard matter to resolve it into the three heads of our baptismal promise taught by our Church For if I must believe the Articles of the Creed I must preserve sound Doctrine and reform to my power what is corrupt If I must keep Gods Commandments I must pursue pure worship and Religion towards God and Loyalty Love and unity towards men And if I must renounce the Divel and all his works I must extirpate Popery and Papal Prelacy Superstition Heresie Schisme will all incendiaries and evil instruments hinderers of Reformation And now I shall pray Dr. Gauden will shew us wherein this Covenant is so vastly different from the Covenant made in Baptisme Yet I shall consider once more the matter of the Covenant by those Rules which resolve the matter of an Oath unlawful and if it be therein chargeable I shall consent to the discharge of this Holy Bond. An Oath is in reference to the matter of it determined unlawful when it is unnecessary and about trifles and that is the prophaning of an Oath yet will
abide a question whether it do not binde But I presume none will be so childish as to say or think the Purity of Religion Honour and Authority of the King Priviledges of Parliament Liberty of the Subject and Vnity of the Kingdom are trifles than which no matters can be more weighty and needful to us as men or Christians Nor is it of any force to say These were secured by Laws and Profession of a lawful and Religious King whilst these did not expel the spirit of jealousie the matter was of that weight as to render an Oath and Covenant necessary Secondly An Oath is unlawful when the matter of it is impossible for ad impossibile Nemo teneatur whether the impossibility be in the nature of the thing or action conversant about it but our Solemne League and Covenant is free from any appearance of impossibility in the nature of the things covenanted I hope the Reformation of Religion and preservation of humane order peace and unity will be owned as possibilities beyond the Learning of an Asse Scruples and Doubts about taking the Covenant p. 7. 8. Very little ground is there for that Scruple which is urged by our Drs. Anonymous friend That Extirpation is the immediate work of God in the heart as if it were no way a humane Act within mens power in reference to the exercise and profession a principle or practice in the Kingdom Nor is there any impossibility chargeable on the Act which is all along limited unto an endeavour according to our several places and callings which might methinks have satisfied the same Questionists that though Banishment or Death be extirpating Acts yet they might be out of his place and calling and other Acts did to him particularly belong Let it here be noted that though the Law were as some suppose against something sworn in this Covenant yet this puts not a moral impossibility upon the same for that a National Oath is the most full and authentick Repeal and discharge of former Laws or the thing sworn may be effected by a meek and humble endeavour in our places and callings to have that Law voided and repealed And as to what impossibility did seem to lie upon the extirpation of some things in this Covenant sworn to be extirpated by reason of the Coronation Oath of His late conscientious Majesty it was greater in appearance than in reality For the Oath of a Prince may be vacated by the impossibility put on it by the contrary Oath of the people though tumultuously sworn as it was in the rescue of Jonathan from King Sauls Oath 1 Sam. 14.46 I justifie not nay I pray God prevent the insurrection of the natural against the political power but I cannot but take notice that God sometimes suffers it and produceth his own will by it as in this case and in the casting off Samuel and changing the government and amongst us Horresco referens in suffering the madness of the people to prevaile against His late Majesty not only to the contradiction of His Oath but cutting off His Royal person and so clearing the impossibility that did appear between this Covenant and his Coronation Oath and in bringing His Majesty that now is under the same Sacred Bonds to endeavour in His Royal place and calling to effect the same things And in this case it is to be remembred that the impossibility being removed the Oaih becomes obliging and the act sworne a duty Let such as pretend an impossibility on any part of the Covenant because of the prevalency of men affection of the people countenance of Authority and the like learn to distinguish between the effect and endeavour there may be an impossibility of effect and yet impossibility of endeavour and D. Saunderson concludes that the thing once sworne the covenanter must endeavour to make the affect possible Indeed we have in the Covenant sworne with very much Caution not to effect but in our places and balling to endeavour but this must not be by a wish for purity and then welcome corruption a consent to Reformation and then compliance in Superstition a faint refusal and then free reception of the estate to be extirpated No it must be a stout and strenuous endeavour with all force and fervor as Dr. Saunderson in this case well noteth Obligat hoc genus Juramenti non ad effectum quem supponimus esse impossibilem Saunderson de Juram praelect 3. Sect. 4. p. 64. sed ad conatam quamdiu superat spes ulla Imo quo plures majores objiciuntur difficultates eo obnixius conondum for tioribus animis obnitendam I wish Sir that our soft Covenanters Speedy compliants and Temporizing Turn-Coats would seriously study this lesson Thirdly An Oath is in respect of the matter unlawful when it is impious and expresly against Gods Word and Command being so in it self and nature of the thing and then the Rule must be admitted Pacta quae turpem causam continent non sunt observanda And Oath must be the Bond of iniquity Here Sir be pleased to observe that though I could not consant to the Drs. opposition of Truth Justice Reason Religion and duty to God or man as Iron Adamantine bonds unto the weak Wit hs Cords of an Oath which is directly contrary to the nature thereof yet I acknowledge in them such power as no Oath can bind against If he or any will assume and make good the assumption That the matter of the Covenant is of its self and own nature contrary to Truth Justice Reason Religion or duty to God and man I will admit the sequel and conclude it doth not oblige But I have yet found none that have herein charged it some indeed oppose to some part of the Covenant an Apostolical tradition but no divine institution or direction to any part thereof The unlawfulnesse which I find charg'd on the matter of the Covenant is usually accidental in some circumstances conversant about the Act more than the matter sw rne and hath been produced as a just barre to the taking of the Covenant but is in vain now produced to break its bonds laid upon us as I have before noted I easily grant that the Oath which is not sworne in truth in Justice and in judgment is very prophanely sworn yet affirm it may be strongly binding and so hereupon I might discharge this Section as running into the former but because simple men seem startled by that unlawfulness of matter in the Covenant which is suggested in the Oxford Reasons for their non-confederacy with the rest of the Nation and do commonly produce them as the present only plea to discharge the Oath of God I shall make bold to weigh the same and see what more strength is in their Scruples as to the matter promised than was in reference to the matter asserted and whether an intelligent Casuist would not have easily resolved their doubts and enlarged their consciences
and Archbishops of the essence and formality of the true Reformed Protestant Religion Will not the assertion thereof tend more to Schism than Scotlands supposed making their Discipline and Government the mark of a true Church As denying the Reformed Churches beyond the Sea to have attained to the true Reformed Protestant Religion which yet they handed over to us But what reason had these Gentlemen of Oxford to understand the Doctrine of the Church of England in such a latitude when the sence of it is limited by them who were then known to be Legislators and a power sufficient to prescribe an Oath unto which themselves subjected and were the best expositors thereof viz. the House of Commons who thus declared Whereas some doubts have been raised concerning the meaning of these words The true Reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish innovations within this Realm contrary to the same Doctrine This House doth declare that by these words was and is meant only the publick Doctrine professed in the said Church so far as it is opposite to Popery and Popish innovations And that the said words are not to be extended to the maintaining of any form of Worship Discipline and Government nor of any the Rites and Ceremonies of the said Church of England By which these Gentlemen might have understood 1. The Realm and Church of England were two different Subjects the one professing Doctrine in the other wherein also there was Doctrine tending to Popery and Popish Innovation 2. There were in the Doctrines professed by the Church of England some adjuncts of Rites Ceremonies Government or some special order of Worship which might need Reformation and were not view'd to be maintained So that according to this sence of them who prescribed both there is more of consistency than contradiction between the Protestation and Solemn League and Covenant So that the manifest perjury they feared hath not so much as a seeming ground And as for the supposed contradiction of this Branch of the Covenant unto the Oath of Supremacy it will on examination vanish as an apparition a thing which so seemed but cannot be so proved For if they will not hiss me out of their Schools I will grant them their Proposition in the Oath and assumption in the Statute by them quoted and yet find a way to avoid the conclusion because a meer non sequitur on their premises and this if they will have the Argument logically resolved by denying the consequence of their major Proposition for I will grant unto them that the Oath of Supremacy doth bind us to our power to assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted and belonging to the Kings Highness his heirs and successors or united and annexed unto the Imperial Crown of this Realm And assume with them That the King had the whole power and Authority for Reformation Order and Correction of all manner of Errors Heresies Schisms c. and yet deny the sequel viz. That we may not endeavour in our places and callings to reform Religion For the defence of the Kings power is no way repugnant with the duty of our particular capacity I hope a Minister may by his preaching or a Divine by his disputation in the Schools endeavour the correction and Reformation of Error and Heresie Schism or Superstition and yet not intrench on his Majesties Ecclesiastical Jurisdiction and so interfer with their Oath of Supremacy Yea in reference to judicial and authoritative Correction and Reformation which we will suppose can only be done by the King mens endeavor may be in their places and callings by Counsel Proposal Remonstrance Petition Supplication and the like to procure His Majesties consent and authority to reform Religion in the Kingdom of England in Doctrine Worship Discipline and Government and then Sir where is the Contradiction Yet Sir if I were to dispute with a single though Senior Sophister of Oxford I would deny both Propositions the major as to its sequel or consequence as before and the assumption as that which the Statute doth not prove viz. The whole power of Spiritual or Ecclesiastical Jurisdiction for Correction and Reformation is annexed to the King and Imperial Crown of this Realm For the power by that Statute is special and particular not general and universal as themselves have cited it is viz. such Jurisdictions Priviledges Superiorities and Preheminences Spiritual or Ecclesiastical as by any c. and as the Statute proceeds Spiritual or Ecclesiastical power or authority hath heretofore been or may lawfully be exercised or used for Visitation of any Ecclesiastical State or Persons and for Reformation c. So that the power given to the King is such a powor as Bishops Cardinals or Popes had used not such as Parliaments who ever retained a Jurisdicton in themselves over both Church and Crown enjoyed and exercised This power was purely executive not Legislative over persons and particular Societies not over the Kingdom and whole Realm I presume the Gentlemen of Oxford were not ignoront of the power and Legislative Authority which the Parliaments of England ever held over their Bishops and the Spiritual or Ecclesiastical estate of this Land tying them in all their administrations of Discipline and Government to the Customs and Statutes of this Realme as they may read at large in the Statute of the Submission of the Clergy 25. Hen. 8.19 wherein they confess many of their Canons and Constitutions be repugnant to the Laws and Statutes of this Realm whereby they did not only Restrain the exorbitancies and from time to time Reform the abuses of the Church but also extend the Prerogative and Jurisdiction of the King as in that Statute 1 Elizab. and Limit Restrain and Repeal it as in the case of this individual specifical power granted in the words of the Statute quoted by the Statute 17 Caroli entituled An Act for repeal of a branch of a Statute 10 Elizab. concerning Commissioners for causes Ecclesiastical which clause repealed is part of this very recited Paragraph and immediately annexed unto and dependent on this very grant of power and authority Nor are these Masters and Scholars of Oxford insensible that there is a vast difference between Executive and Legislative power and authority and that as no Ecclesiastical persons did ever enjoy however the Pope and his Bishops did contend for it so no King of England did ever pretend or lay claim unto the Legislative power further than allowed by Act of Parliaments who were ever Dictators of a general Reformation in the Land Church and Kingdom as at this time in the Reformation covenanted Nor can they be ignorant that it is very bad Logick from such Jurisdictions and Specifical Executive Authority to infer that the whole power of Reformation is so in the King that the Parliament may not propose or the people covenant in their places and callings to endeavor a Reformation
viz. That Ancient form of Church-government under which our Religion was at first so orderly Oxford Commendation of Prelacy considered without violence or tumult and so happily reformed and hath since so long flourished with truth and peace to the honour and happiness of our own and envy and admiration of other Nations But Sir good wine needs no bush it is well if the Arguments be as cogent to the mind as this glorious description of Englands Church-government is captivating to the affections I hope Sir serious Casuists in stating their Scruples do not set a lustre on the object by glorious Epithites o engage the admiration of the vulgar But Sir 1. Antiquity may be no Argument of its glory verity or goodnesse these learned men know this is the loud and common cry of Pagans for their Idolatry and Papists for their Superstition and Papacy which will in point of Age appear the Elder Brother to Englands Prelacy Pope Gregory being before Austin the Monk the first Arch-bishop of Canterbury and yet is not owned as any addition to their glory or demonstration of their verity for as true Religion is first received so it is after corruption reformed by the Redeemed from the vain Conversation received by tradition from their fathers 2. Order is indeed very amiable in any Act but what they mean by the orderly proceeding of the first Reformation I know not sure I am that the precedency of the Laity unto the Clergy in a work of this nature in which they should have been Dictators was more just than regular And when I consider the first step of Reformation in the expulsion of the Popes Supremacy supported by all the Bishops unto a premunire to have sprung in Henery the eighth from discontent at the Popes dealing in the business of Queen Katharine rather than conscience of its sinfulness to have been steered by policy not piety to stand consistent with a retention and fiery inforcement of Popish Doctrine and Worship unto the persecution and burning of Tyndal Lambert and others and imposing of the six Articles in which I must confess Cranmer quit himself like a faithful Bishop but others I find not opposing And when I observe the Line which first ruled in Henery the eighth his dayes to be retained and run-through the Reformation of King Edward the sixth and was too much regarded in the time of Queen Elizabeth who both acted from a more pious principle had but their Counsellors captivated their policy and the little knowledge of those reforming dayes given them to see and set up in its lustre and power the square and right Rule of Reformation I cannot but say Gods power is much more manifest in the first Reformation of England than was mans order and yet what order was History witnesseth to have been though under yet without yea against the Bishops Foxe Acts and Monuments p. 959. The hundred and eighteen thousand eight hundred and forty pounds paid by the Bishops of the two Provinces Canterbury and York for their pardon from the praemunire doth proclaim their opposition at the first The thirty persons chosen out of the Parliament to consider and conclude Articles of Religion and Cranmer and Ridleys Politick plea against pious Prince Edward the sixth for the Mass of his Sister Mary and the after-conclusions in their Convocations do not speak much of forwardness at the last whilst in the one or in the other they went not any faster than driven by the Kings injunctions 3. No marvel that they who could not see in this Reformation any disorder could not hear any noise of tumults attend it and yet if I mistake not the Tarratantara-murmur of the Lincoln-shire and York-shire men in their rebellious holy pilgrimage headed by Dr. Makeree denominated Captain Cobler and abetted by many of the Clergy not that I find resisted or quieted by any Episcopal influence in the time of Henry the eighth and the like insurrections of Suffolk York-shire Oxford-shire Devon-shire Cornwal and other Counties against the Reformation by King Edward the sixth doth signifie unto me that the Reformation was not at first more preposterouss than violent and tumultuous though not in the Authors yet in the opposition and reluctancy of its subjects occasioning this note to be left upon it Tantae molis erat Romanum evertere sedem Yet I must not by reason of the one or other deny it to have been happy but I desire freely to acknowledge that this Reformed Religion in the degree attained hath since happily flourished unto the honour of our own and envy of other Nations only I see not wherein this Government the extirpation of which is Covenanted to be endeavoured did either occasion or add unto the happiness and honour thereof I am sure it is noted by others and were I the first observe of it I durst undertake to make it good That Religion had sparkled and flourish'd with more honor and happiness in an higher degree of Reformation than it yet doth if not retarded and sometimes retrogaded by Englands Episcopal Prelates who have made it so much pompous unto sense and the Worlds admiration but so little powerful to the spirit But Sir I love not to recriminate or reproach things or persons I shall therefore pass this applause of our late Prelacy with this Request That the Masters and Scholars of Oxford or any other will please to tell us what there is in this Government so special and peculiar for its efficacie to the order and quiet of Reformation that may not be sound in another Form of Government for that only is of the essence and so must be the Emphasis of this Episcopacy Subsectio Septima The apprehension of the worth of this Government had Sir its full influence on the affections of these learned men they therefore profess themselves 1. Affected with grief and amazement to see it endeavoured to be extirpated without any reasons offered to their understanding for which it should be thought necessary or expedient so to do 2. Ranked with Popery Superstition Heresie and Profaness 3. Intimated to be some way or other contrary to sound Doctrine or the power of godliness Unto all this I shall say in brief 1. That if the constant struglings of this Government Their grounds of affection and amazement at Extirparion of Prelacy examined with the Civil power and encroachment on the Royal Authority in all Ages having not kept its bounds but hy exercising absolute independent Authority in their own Names and under their own Seals in a Legislative Declaration of what is Treason and by an Imperial power to prescribe Oaths to be sworne as in the Canons of 1640. the Bishops of both Provinces did presume to do if its innovation defence and propagation of erroneous Doctrines and Superstition if its suppression of Truth and true Religion by silencing suspending faithful Preachers if its violence irregularity and injustice in High Commission Censures banishing imprisoning confiscating stigmatizing
Ingenuity for to him All things might be lawful but were not expedient was a Rule but their Reasons might restrain these learned men and they are five in number 1. They had by subscribing the 39. Articles testified their approbation of that government 2. Received orders from their hands 3. Petitioned the continuance thereof 4. Htld their Livelyhood under such titles and in the exercise of that Government or some part thereof 5. Had sworn as Members of such societies to preserve the immunities liberties and profits of the same Vnto all which I shall say very briefly 1 It is worth their enquity whether they subscribed the 39. Articles judiciously and judicially and so gave their approbation to this Government we grant that in the 39. Articles commonly published there is one viz. the 36. which relateth to the Book of Consecration of Bishops and Arch-bishops c. But that it affirmeth that Book to contain in it nothing contrary to the Word of God I find not in either the Latine or English Copy of these Articles which I have seen these learned men sure read these Articles with the Parliaments Remonstrance before mentioned and so misread them both but suppose the Article had so affirmed it had laid no bar to the alteration or extirpation of this Government for it might be as indeed all our Stattues do suggest a meer Political Civil constitution and so though an Adiaphoron not contrary any more than consonant to the Word of God and alterable at the pleasure of Englands Parliaments and then Sir with whatever judgment these Gentlemen subscribed this Article I am sure there is not much in pleading it as a Bar to the duty enjoyned by Parliament Yet I must confess I am not satisfied that the Books of ordering Priests and Deacons and Consecration of Bishops and Archbishops did contain in them nothing contrary to the Word of God for I not believe nor is it evident to me by Holy Scripture or ancient Authors that from the Apostles times there hath been these orders of Ministers in Christs Church Bishops Priests and Deacons for I find no Priests in the new Testament and conceive Presbyters and Bishops to be no more than different denominations of the same order and make not different orders any more than Pastours Teachers Stewards Angels Stars and the like and if there were these orders yet it is I think contrary to the Word of God to add a fourth Arch-bishops and if they be not an order how come they to have the same consecration with Bishops a contended for order of the Ministry and how come Bishops to swear unto them obedience neither the one nor the other is common to a gradual preheminence the Speaker of the Parliament or Lord Chief Justice hath no such like Solemnity I question whether the word will allow an Ordination to some part of the Ministry and give Authority to apply one Sacrament or Seal of the Covenant and not the other nor am I clear the Deacons Office doth at all consist in Ministry of Word and Baptism and assistance at the Communion the Scripture specially points them to the poor and to serve Tables I question whether mute service in a publick solemn Assembly be not contrary to the Word of God where all as well prayer as preaching ought to tend to Edification I question whether a Magisterial and Authoritative giving the Holy Ghost peculiar to Christ who did it in reality be not contrary to the Word of God or according to the words of the Article Superstitious and ungodly And whether Ministers swearing Caronical obedience to the Bishop or Bishops to the Arch-bishops be not plainly Papal and ungodly If these learned men considered and were convinced of the consonancy of these and the like things with the Word I hope they subscribed this Article judiciously yet I must enquire how judicially I imagine the Satute of Queen Elizabeth will nos be produced as their warrant for subscription to this Article for the Articles thereby enjoyned 13. Eliz. 13. do only concern the confession of the true Christian Faith and Doctrine of the Sacraments and this particle only is exclusive to Discipline and Government which by the whole current of our Laws are concluded to be Political in their nature only Ecclesiastical ratione objecti at the pleasure of the Magistrate and therefore could not be made an Article of the true Christian Faith I hope such as leave this Article out of their Creed shall not be shut out of the Christian Church Now Sir were there any force in this exception to the Covenant I would advise that subscription to be taken into second thoughts yet it is as ponderous as the next They received Orders from their hands and should ill requite them for laying their hands on them to lay to their hands to root them up and cannot tell for what That they should root them up who had laid their hands on them was not required they might continue Men Ministers it is like better Christians and more painful Preachers when they were not Bishops I hope Prelates and Prelacy were not inseparable that the one must be ruined in the removal of the other and our question is of the thing not person in which degradation was the worst they could do them who had they been affected with the dream of Richard Havering Arch-bishop of Dublin The Annals of Ireland in Cambd. Britan pag. 169. That a certain Monster heavier than the whole World stood eminently aloft upon his breast from the weight whereof he chose rather to be delivered than alone to have all the goods of the World when he waked he thought this was nothing but the Bishoprick of Dublin and so forthwith renounced it Or had they enjoyed the Spirit of Antoninus Elected Arch-bishop of Florence who refused on fear of hazarding his salvation to accept it and when thundred into it by the counsel of his friends frowns of the Magistrates and the Popes Bull kept only eight persons no stately furniture in his house no Coach and Horses and kept his usual method of devotion in his Family saying They should do him a special favour to thrust him fram his Bishoprick wherein he continued with very great Regret They would acknowledge a kindness done unto them and yet were it an unkindness these Gentlemen were acquitted from the ingratitude they have petitioned their continuance and were not able to withstand the pleasure of their Superiors on whose pleasure their whole enjoyments did depend nor had they been without Parallel if not a plea of Justice For the Arch-Bishops and Bishops of England Rochester excepted in the time of Henry the eighth had voluntarily without the command of the King or Parliament sworn to root up the Pope the Apex of this Episcopacy from whom they had received their Palls Properties Power Foxe his Acts and Monuments p. 564. 565 566 567. I had almost said Papacy Their third Reason I pass as an
Oxford Reasons Exceptions to the 3d. Article of the Covenant Sectio quinta p. 12 13 14. only they stumble at those words relating to the defence and preservation of the Kings Majesty Person and Authority in the preservation and defence of the true Religion and liberties of the Kingdom which they conceive to be a limitation of our absolute duty by a condition not allowable Though some endeavour to justifie these words as a condition put upon our duty by the power of Parliament who may limit the Prerogative of the King as well as extend it and think it will abide a Dispute I am not of their opinion for I do profess my self convinced that our allegiance and so the preservation of the Kings Person and Authority is an absolute duty founded in the Relation without Regard to the Quality Piety or Impiety of the Person who is bound also to His duty but not on the condition of the Subj cts duty both King and People owe a Reciprocal duty each to other and are bound to God to perform it but the duty of the one is no limiting condition to the other and therefore in all those contests for the Covenant in behalf of the King which not only I but other Ministers have undergone in the opposition of the late sinful Engagement Vid. The Exercitation concerning usurped powers Vindication of the Oath of Allegiance by the same Authour Lancashire and Cheshire Plea for non-subscribers to the late Engagement These words have been understood to be a predication of the capacity in which the Kingdom Parliament and People then were under the opposition of Malignants who divided the King from the People and so the meaning of it is thus We being in the preservation and defence of the true Religion and liberties of the Kingdoms shall endeavour to preserve the Kings Majesties Person and Authority I wish therefore that it may be observed That the words fall into a plain parenthesis and the sentence is entire without them and they are fixed at the end of the Obligation which relates unto the Rights and Priviledges of Parliament and liberties of the Subject as well as the preservation of the King and yet these cannot be limited and this sense is not only consonant to principles of right Reason and true Religion but also the Declaration of the Parliament in their then proceedings and the scope of this Covenant and this very Article which closeth with a most Solemn Appeal to the World to bear witness of our loyalty and that we have no thoughts to diminish His Majesties just power and greatnesse and I hope these serious Casuists will grant that where the words of an Oath seemingly doubtful may they must be understood in a good and just sense and then their exceptions to such a limitation in the Covenant do vanish with the Hypothesis on which they are built and inferred Unto the fourth Article of the Covenant these Masters and Scholars of Oxford do suggest something in Politicks which soundeth as strangely in my ears as their past Divinity indeed they determine it not but only desire it may be considered 1. Whether this Article lay not a necessity on the son to accuse his father and pursue him to destruction in case he should be an Incendiary Malignant or evil Instrument as is in this Article described which they conceive to be contrary to Religion Nature and Humanity 2. Whether the swearing this Article do not open a ready way to children and husbands that are sick of their fathers and w ves by appeaching them of Malignancy the letter to effectuate their unlawful intentions and designes To these I should have only desired it may be considered 1. Whether all penal Statutes in point of Treason and Felony open not as ready a way for children and husbands to be rid of their fathers and wives and the danger of concealment be not a very fair Apology for the same are they therefore contrary to Religion Nature and Humanity Have they never heard of such wickednesse know they not that there is an impossibility of fence against malicious accusations mischievously managed Must therefore these Statutes be voided as wicked and the like be prevented for time to come 2. Did not these learned men take the Oath of Allegiance and therein sware That they will to the best of their endeavour disclose and make known unto His Majesty His Heirs and Successors all Treasons and Trayterous Conspiracies which they should know or hear of to be against Him or any of Them May natural affection interdict this duty or are natural Relations exempt from this discovery may not mischievous men find open a ready way to appeal such as stand between them and their desires or did these Gentlemens learning and loyalty lead them to conclude the Oath of Allegiance is against Religion Nature and Humanity 3. May one time make contrary to Religion Nature and Humanity that kind of promise which at another time may be consistent therewithall These Gentlemen pleaded the protestation of the 5th of May 1641. as a bar to the swearing this Covenant and tell us often they sware that and therein they sware in this Form of words To my power and as far as lawfully I may I will oppose and by all good meanes endeavour to bring to condigne punishment all such as shall either by force practice counsels or conspiracies or otherwise do any thing to the contrary of any thing in this present protestation contained will they please to tell us whether these words be not as directly contrary to the fourth as the fore-going promise of this protestation was unto the first Article of this Covenant or doth not this Protestation lay as great necessity and give as fair an occasion for the son to accuse the Father and persue him to destruction and so appear as much against Religion Nature and Humanity as doth the Solemn League and Covenant 4. I should have prayed the judgment of these learned men on that Law prescribed by Moses to Israel in Deut. 13.6 7. 8 9 10. If thy brother the son of thy Mother or thy son or thy daughter or the wife of thy bosome or thy friend which is as thine own soul entice thee secretly saying Let us go and serve other gods c. thou shalt not consent unto him nor hearken unto him neither shall thine eye pity him neither shalt thou spare neither shalt thou conceal him but thou shalt surely kill him thine hand shall be first upon him to put him to death and afterwards the hand of all the people c. and all Israel shall hear and fear and shall do no mere so wickedly did not this Law bind to the same act give the same occasion lay the same necessity which is laid by this Article of the Covenant And was it contrary to Religion Nature and Humanity Did these Gentlemen think we expect to be preferred by this notion of Policy or if they suggested this exception
in the story forbids instances hoping general hints may answer the learned and sober 3. Nor am I convinced that it was in His power by the equity of the Law Numb 32. they mean 30.2 to annull and make void the Covenant for admitting the equity of that Law by Analogy to reach us I hope no adult child shall on observation of irregularities in the Government of a Family be barred from vowing in his place and calling to his power and capacity sincerely really and constantly to endeavor the Reformation thereof viz. Quenquam qui gaudet usu rationis ita plene sub alterius potestate esse quin ut sit quantum ad aliqua saltem sui juris is Dr. Sanderson's Rule though the effect may yet the lawful endeavour cannot be out of the childs reach De Turam if the child or wife swear nothing but positive duty or what is within their power and so limit their vow I hope the Superiours interdiction will favour more of passionate mistake than strength to avoid the vow Yet I must confess I am not clear that the equity of that Law will reach our case I was ever willing to yield His Majesty the Reverence due to a Political Parent but in this case of conscience wherein He is abstracted from and opposed unto the Parliament I find a defect which makes me fear the simile will not square and though I can own Him as a Parent to be by Him corrected and disposed yet methinks the Parental power is placed in others at least conjunct with Him viz. the Parliament I am sure Legislation is Paternal power and Execution more proper to the other Parent and that the Lords and Commons have a share if not the greatest share in Legislation no true Englishman nay no ordinary Polititian can or will deny when I observe the King sworn to Rule according to the Laws quas populas clegerit which the people shall choose and the Writ for their Election to require that they be furnished and have plenam sufficientem potestatem pro se communitate c. ad faciendum consentiendum his quae tunc ibidem de communi in consilidicti Regni nostri contigerint ordinari ita quod pro defectu potestatis hujusmodi c. dicta negotia infecta non remaneant Paternal Authority power to consent and make Laws in the great Affairs of the Kingdom as the Family and when I observe Polititians and Lawyers even English-men generally to conclude the forma informans form animating the Law to be the consent or choice of the people whence Marius Salamonius that great Lawyer defining the Law saith it is Expressa Civium Conventio and makes this the Reason of their obligation Ligatur populus legibus suis De principatu lib. 1. p. 35 36. Instin Cod. 1. Tit. 17. Lex 8. quasi pactis conventis quae verae sunt leges whence Theodosius the Emperour writing to the Senate of Rome doth declare consensus universorum to be the formality of those Laws that he would establish to which our Hollingshead and Sir Thomas Smith before mentioned doth fully assent and concur as likewise Fortescue who makes the King to be as the Minister in Marriage who may establish and declare it but the consent of parties gives it being and the common Dialect of our own Statutes being the Assent of the Lords and Commons and Authority of Parliament wich no less frequency than the Assent of the King and that the contriving debating fully forming by frequent reading serious consideration and full disputes is the peculiar work of the two Houses whilst a Ministerial Declaration though in a Dialect and form of Majesty is the proper and only work of a King though I deny not a Parental power and Prerogative to the King I cannot but judge it more than probable that the proper Paternal power is in the Parliament or at the least in the three Estates and then Sir we are under this unhappy question Whether to obey father or mother when they falling out command different nay contrary things this I confess is not more the distraction than the confusion of the Family yet certainly in such an unhappy chance prudent and rational children must and will cleave to the principal legislative party who hath a confessed authority and power to extend or restrain augment or diminish the Prerogative and Ministerial power of the other bound to act according to their appointments Sir Dr. Gaudens Appeal to the Oxford Reasons hath led me to this Discourse and unwilling distinction but my prayer is and hence-forward shall be that England may honour father and mother and know no difference for the Case is now altered and this Argument is of no force as I thought I had sufficiently hinted in my last for His late Majesty forbade the Act but never assumed an Authority to void the Obligation and His most Sacred Majesty by His own subjection to it Declaration for it and Oath to endeavour the Establishment thereof hath as is before noted made it valid and I hope such as call Him Father will weigh the equity of this Law Numb 30.2 and not only acknowledge their brethren bound by it but themselves become subject to the same bond which had before a lawful and sufficient but now hath a compleat and perfect Auhority 4. 4. The gesture in making the Covenant vindicated The fourth and last particular in the manner of making the Solemn League and Covenant is The action or gesture of the body used in the swearing thereof to declare the assent of the minde by which prophane spirits do endeavour to reproach it for that it was not sworn after the ordinary manner used among us by laying the hand on the Bible but by lifting up the hand towards heaven Amongst those who have of late appeared against the Covenant I find none speaking against this gesture League Illegal p. 21. save only Dr. Featlies ghost who like it self more scurrilously than seriously pretends to Answer one Text of Scripture which he supposeth to be the only one for defence of this gesture Rev. 10.15 The Angel lifted up his hand and sware c. Unto which he saith That might be a fit gesture for an Angel menacing a fatal doom to the world which yet may not be thought so fit a gesture for men entring into an holy League for the preservation of two Kingdoms If they can as the Angel stand upon the earth and the sea at the same time let them imitate the Angels in lifting up their hands when they make their Covenant Howsoever I think it a fitter gesture in taking this Oath than after the usual manner to lay the hand on the Bible for this Oath and Covenant hath no ground or foundation at all in that Book and the lifting up of the hand very well expresseth the purport of the Covenant which is a lifting up their hands against the Lords Anointed and his
Church The very transcription of this is a sufficient confutation Who can read it and not run and read a most malicious heart venting it self by a most weak head Sounds not this Argument like Dr. Featley Sure his Executor thought his name enough to make acceptable the dullest notions could drop from his own brain I shall desire it may be considered 1. No particular gesture is necessary and appointed of God to be used by men in making Oaths and Covenants and therefore men have chosen what gesture of the body to them seemed good to declare the assent of the mind as Abraham and Jacob the putting the hand under the hallow of the thigh our Countrey ordinarily useth the laying the hand on the Bible and kissing the Book but other Countreys the holding up of the right hand May not the Magistrate prescribing an Oath prescribe what gesture seems him good They must needs be eager bent who will fight with a shadow 2. Is the lifting up of the hand a gesture peculiar to an Angel only used in menacing and when he stands on sea and land at the same time Did this man never read nor hear it used in other places of Scripture and on other occasions or was it the vehemency or verity of the threatning and doom denounced which was witnessed by it What thinks he of Abraham in Gen. 14.22 I have lift up my hand to God I will not take any thing that is thine He was no Angel nor threatning any judgement nor did he stand on sea and land at the same time Or what thinks he of Ezek. 20.5 I lifted up my hand unto the seed of the House of Jacob God was not an Angel nor then menacing any fatal doom but promising the greatest blessings which Israel could enjoy If he had pleased to consult any Expositors on these or the like Texts he should find that the lifting up of the hand was the usual gesture in swearing any Oaths and Covenants He would make the World believe the Covenanters were in an hard strait to find an instance of this gesture in Scripture and therefore they flie to the Angel in the Revelation 3. Hath the Solemn League and Covenant no ground or foundation in Scripture Suppose the matter of it be no more than he here suggesteth viz. The preservation of two Nations hath this no ground in Scripture Did he never read therein of two Nations joyned in one Covenant for the good one of another But further hath the preservation of the true Reformed Religion and reformation according to the Word of God no foundation in Scripture are there no Historical Relations of Covenants of this matter hath the preservation of the Kings Honour and Happiness no ground or foundation in Scripture hath unity and uniformity in Religion no ground in Scripture and are not these the matter of the Covenant Can any thing but horrid impudence say It was not fit for them to lay their hands on the Bible for this Covenant hath no ground or foundation in that Book This Authour might have well forborne this charge who himself concedes that punctilio in the manner of making this Covenant which many and himself would deny to have ground in Scripture viz. the making it without the Kings consent For he grants that a Covenant to remove a scandal League Illegal p. 20. and fulfill the express command of God may be made not only without but against the consent of the Prince If this Covenant fall not under one of these nay both these qualifications I have lost my reason 4. With what face can this fury say the purport of this Covenant was the lifting up of their hands against the Lords Anointed and his Church whilst its professed inscription is A Solemn League and Covenant for Reformation and Defence of Religion the Honour and Happiness of the King Answerable whereunto are the grounds inducing to make it Having before our eyes the advancement of the Kingdom of our Lord and Saviour Jesus Christ the Honour and Happiness of the Kings Majesty and His Posterity and accordingly promiseth the preservation and reformation of Religion according to the Word of God and to preserve and defend the Kings Majesties Person and Authority that the world may bear witness with our consciences that we have no thoughts or intentions to diminish His Majesties just Power and Greatness Whatever may have been the practises of some wicked men who sware this Covenant it is as clear as the Sun That the lifting up of the hand for the good of the Church Honour and Safety of the Lords Anointed was the purport of the Covenant it self And the violent rejection of the Covenant as an Almanack out of date before the horrid violence done unto His late Majesty is a manifest testimony of it together with the protest of the covenanted Secluded Members of Parliament and of the Ministers of London against those perjurious proceedings As likewise the publick testimonies of the Ministers of the Gospel to the Solemn League and Covenant of almost all the Counties in England do declare it and the divastation and captivity of Scotland the Sequestrations Imprisonments and death of many in England and contests with all zeal faithfulness and constancy against all difficulties and dangers unto the very effecting of the Happy Return of His most Sacred Majesty and that in conscience of this very Covenant do loudly sound it through the world if the same malice do not deafen the ear in hearing the comment that darkned the eye in reading the Text. Now Sir I must tell him the lifting up of the hand might be a most proper gesture to the taking of this Covenant not only as a gesture usual in swearing and expedient because expeditious in an Oath universally sworn by whole Assemblies but as a sign of special suit and earnest supplication for divine grace and assistance Lam. 2.19 Of Solemn adoration and worship of God praising his goodness that had enclined the heart of the Governors of his people to bring them into such a Covenant Neh. 8.6 Or of joy and alacrity in so Sacred a Bond unto such absolute duties tending to the honour of God happiness of the King and safety of true Religion Ps 119.48 And in these respects it is a gesture no less suitable to men than Angels and the standing on earth not sea and earth at the same time performing a duty and promising things required in Scripture and praying mercies and blessings not menacing a fatal doom Yet I will not deny that it imprecated Gods direful judgements to fall on the heads of such as should violate this Solemn League and Covenant which our eyes have seen accomplished on such as slighted its obligation in the Civil part thereof And I cannot but tremble to think what must needs attend such as not only slight but set against and violently break through these holy bonds in that part which immediately concerneth God and true Religion whilst we see the
assure and declare by my solemn Oath in the presence of the Almighty God my allowance and approbation of the National Covenant and of the solemn League and Covenant above-written and faithfully oblige my self to prosecute the ends thereof in my station and calling and that I for my self and successors shall consent and agree to all Acts and Ordinances enjoyning the National Covenant the solemn League and Covenant and fully establish Presbyterial Government the Directory for worship Confession of Faith and Catechism in the Kingdom of Scotland as they are approved by the General Assemblies of this Kirk and Kingdom and that I shall give my Royal assent to Acts and Ordinances of this Parliament passed or to be passed enjoyning the same in my other dominions and that I shall observe these in mine own practice and family and never make opposition to any of those or endeavour any change thereof In this Oath it is worth observation that the Royal assent is given unto the solemn League and Covenant and Directory for worship Confession of Faith and Catechism and Presbyterial Government as things done in pursuit thereof 2. That the Royal assent is declared unto and assured to be given in formality unto Acts and Ordinances of this Parliament supposed to be then in being in his other dominions passed by them for the Covenant and other things of Religion specified 3. That this he was pleased to do as King of Great Britain France and Ireland his most Royal and publick capacity and that for himself and his successors upon these considerations I could be glad to receive the judgment of the learned in the Law whether the Royal assent any way or by any expressions or Act publickly made known be not sufficient to make an Act of Parliament a perfect and compleat Law the equity of the statute of 33. Henrie the third 21. Rendring the Kings assent under his seal expressed to be as valid and effectual to all intents in Law as if he had been personally present doth suggest a ground for this enquiry for I conceive an assent by solemn Oath to be a more Real Royal political presence than the transubstantiation or his Real Presence under his Seal but that I may keep within my sphear I presume none will deny this to be Jure civili and divino before God and men an establishment of the Solemn League and Covenant to oblige the Subject and the rather if it be observed that it was done deliberately Declaration from Dunfirling Aug. 16. 1650. and so professed and enforced by a most pious Declaration of His Royal pleasure conjuring the enmity against the Covenant conceived in any His Subjects in any His Dominions to cease His Majesty being resolved to have no friends but the friends of the Covenant Grotius layeth us down two cases wherein the Act of the King doth bind His Subjects they both square with this our case in reference to the Covenant the one Contractus Regentium obligat subditos si probabilem habeant rationem if the Covenant carry a probable reason let such as plead His Majesty had no probable way to come to His right and be enjoyed by His Subjects but by yielding to the Covenant which God indeed hath used as the principal means to that effect now graciously accomplished tell us whether it was a most probable reason of good to the Nation The other case was this Grotius de jur bel pa. lib. 2. cap. 14. 235. si adsit populus ipse vult obligari quo casu sui juris esse inceperit successores ut populi capita obligabuntur nam quid populus liber contraxisset obligaretur is qui postea regnum plenissimo jure acciperet where the people are willing to be bound of which in our case let the agitations of both Parliaments in both Kingdoms witness It will Sir nothing relieve this Act of His Majesty to plead It was below His Royal Prerogative to Covenant with His own Subjects had it been with an enemy we admit and confess we were bound by His Act but by His Royal Power He may absolve Himself from so vile an Obligation made to His Subjects In this c●se I must indeed confess His Royal Prerogative may priviledge His Majesty from a coaction unto performance of what He hath sworn the state of Subjects leaving them void of power to compel but jure civili and divino He is bound to performance and the Subject may by humble supplication pray and demand performance of the Covenant for the condescension voluntary hath left an obligation on the conscience before God and the world So Grotius tells us Dicimus ex promisso contracta Regis quam cum subditis iniit Grotius de jur belli pa. l. c. 14. p. 233. nasci veram ac propriam obligationem quae jus det ipsis subditis the Oath of a King covenanting with his Subjects hath God for its witness and he is more eminently engaged to avenge it because there is no humane power that may do it Nor is it of any more force to plead that His Majesty was in an exiled estate and not in the possession of the Kingdom and therefore could not as King make any Covenant for or against his people Unto this Plea the Answer is obvious and it is and must be acknowledged no case or place can destroy his Royal capacity for it abideth and the alteration of his seat of residence will not render his Family an individuum vagum as Lucan noteth of the Roman Senate Non unquam perdidit or do mutato sua jura loco and Grotius hath ruled this case Lib. 2. cap. 16. p. 257. and concludes the same Cum rege initum foedus manet etiamsi Rex idem aut successora subditis sit pulsus jus enim Regni penes ipsum manet utcunque possessionem amiserit I hope there is jure civili the same right and power to give as to receive and then let the King be where he will his Covenant binds for or against his Subjects and to the sworne form of Worship and Discipline in His Family Nor is it of any more strength or advantage to say His Majesty was under force and thorough the straits of His condition did condescend to such unworthy terms which He cannot with honour make good The which so much as once to suggest to the World is an high disservice and reproach unto His Majesty lessening His Royal Reputation and the apprehension of Piety amongst His Religious Subjects If Doctor Sanderson's notion be right Divinity as certainly it is Pius esse nequit qui non est fortis He cannot be godly who is cowardly and his esteem amongst men by the rule of the Heathen Poet. Justum ac tenacem propositi virum Non civium ardor prava jubentium Non vultus instantis tyranni Mente quatit solida Horace lib. 3. ode 3. Serious men will stoutly withstand the importunities of impudence
Gloucester 57 in the County of Salop and 73 in the County of Devon who give their testimony and call it the Solemn League and Covenant of the three Kingdoms and in the sense of the National Obligation they give this testimony and thus plead We find the Covenant is antiquated and banished as intended to be of force during the time of our intestine Warres we confess we are amazed at this quirk we pray the Wars may cease for ever which yet there is fear may too soon be recalled by God Pag. 27. for this treacherous dealing in his Covenant but we believe no honest understanding heart can be perswaded the Covenant was intended as a Truce made with God for three or four years but we shall labour to stop this Gap with some few strong stakes cut out of the Covenant and so passing through the several Articles of the Covenant they advise those terms may be viewed constantly Pag. 28 29. all the dayes of our life our posterity the Lord may dwell in the midst of us and good of the Kingdoms whereupon they conclude these are not for a few years but for ever and affectionately cry out to the Nation Oh England turn not Harlot break not Covenant with thy God and the Lord keep England from this Covenant-breaking and his vengeance from his people Unto this give me leave to add this passage out of the Testimony of the York-shire Ministers It cannot be unknown to the Churches abroad Pag. 8. that all the three Kingdoms stand engaged by vertue of a Solemn League and Covenant sworn with hands lifted up to the most High God sincerely really and constantly by the grace of God to endeavour in our several places the Reformation of Religion in the Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and example of the best Reformed Churches I shall Sir add but one more and it is that in which we have all the rest their 's being little else but a concurrence with this and that is the Testimony of the Ministers of our own City of London and they profess thus Pag. 26. In order to the Reformation and Defence of Religion within these three Kingdoms we shall never forget how solemnly and chearfully the Sacred League and Covenant was sworn with hands lifted up to the most High God wherein the three Kingdoms stand engaged joyntly and severally c. Yet we cannot but observe to the great grief of our heart that this Solemn Covenant of God hath been and is daily neglected slighted vilified reproached and opposed even by too many who have entred into it and endeavours have been used wholly to evade it and render it useless and that it hath been manifestly violated to the dishonour of God to the prejudice of a real Reformation the sadning of the hearts of Gods people and pulling down his dreadful judgments upon us and upon the whole Kingdom Sir I will say no more Pag. 28. but I pray God London Ministers may retain or recover their first love and Englands Watchmen may remember the loud Alarums they have sometimes sounded and the grounds thereof Sectio semptima Prop. 7. The Obligation of the Solemn League and Covenant is permanent and abiding never by any humane act or power to be absolved or discharged SIR By the permanency of the Obligation of the Covenant we mean the continuance of its Bond on the mind and consciences of men so that the Subjects thereof are and for ever will be bound to pursue and perform the things and matters therein promised nor is it in the power of any man or humane authority to release acquit or discharge them from the same but that when and howsoever the Solemn League and Covenant is slighted laid aside or violated by any the Subjects thereof they shall be liable unto the guilt and punishment of perjury in the breach thereof This permanency of obligation and impossibility of discharge doth spring from a double cause 1. The nature of an Oath which is a solemn and serious Appeal to and invocation of God as Witness and Avenger of the thing sworn and sincerity of the Subject swearing so as in case of dissimulation falshood or non-performance of the thing covenanted we shall be liable unto the guilt and punishment of perjury to be inflicted by the God who judgeth righteously And 2ly From the Manner and Form of the Covenant which is absolute and without a condition which might at any time fail and so cause a Cessation of the Bond of the Covenant thereupon dependent and is expressely exclusive to all manner of discharge or release by any humane Act or Power whatsoever by an express protest That 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 and by a peculiar provision That we shall never suffer our selves directly or indirectly by whatsoever combination perswasion or terrour to be divided or withdrawn from this blessed union and conjunction whether to make defection to the contrary part or to give up our selves to a detestable neutrality in this cause which so much concerneth the Glory of God Good of the Kingdoms and Honour of the King but shall all the days of our lives zealously and constantly continue therein So that the matter of this Covenant being as I have before asserted good and lawful because just and possible if there were in the World any power or persons entrusted with that divine Prerogative to discharge the Obligation of an Oath we could not receive it because it is actually and expresly disclaimed We Sir live amongst Protestants who by their very profession do protest against all Papal Dispensations and Jesuitical Commutation thereupon dependent and therefore I need not stand to make any defence in this cause against the same which would be to suggest some Protestant Divines to be so Popishly affected as to have recourse to Rome for relief against St. Peters Restraint I presume Sir Englands Bishops would not be reputed Popish and other ways to discharge the Obligation of the Covenant we have none save the release of Superiors which alwayes must be in such cases and manner as are peculiar unto them and proper to their cognizance I am not insensible that some suppose to themselves and suggest to others a nullity or non-obliging force of the Covenant by reason that His late Majesty of glorious Memory did interdict the Act concerning which it is necessary to be enquired Whether by the Light of Nature Law of Nations or Rule of Scripture the Prince the Political Parent have such full compleat Parental Authority over His Kingdom collectively or distributively considered as by His interdict to make void the Oath they put upon themselves 2. Whether the Parliaments of England both or either House