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

charitutes patria complectitur But this Covenant is many wayes derogatory to the honour of England For the Church of Scotland is not only set before the Church of England in it but is also propounded as a pattern of a Church intirely reformed not only in Doctrine but in Discipline also and Worship and therefore to be preserved in all three But the Church of England as an imperfect draught of a Church defective in all and consequently to be reformed in all according to Gods Word and the pattern of other reformed Churches whereas in truth the Church of England as it was reformed before the Church of Scotland so it was more exactly and perfectly Reformed priùs tempore dic honore And no marvel sith the Church of England was reformed by the authority of the Prince and the wisdom of the State but the Church of Scotland by the zeal of private men The Church of England was reformed not only in D●ctrine but also in Discipline and Liturgy conformably to the ancient and best Churches whereas the Church of Stotland though it imbraced Apostolical doctrine yet it had not the exercise of Apostolical discipline since the Reformation till King James of blessed memory restored Episcopal Government there where they before writing after the copie set by Calvin they had set up the Presbytery or government by Lay Elders unknown to any Elder age of the Church But howsoever the glory of the English Church of late hath been eclipsed in the eyes of many yet by the testimonies of the best Reformed Churches beyond the Seas in the Reign of Qu Elizabeth and King James it may appear that she shined among all the Golden Candlesticks set in the Western and Northern parts of Christendom velut inter●ignes Luna minores She supported all other Reformed Churches and the Church of Scotland by name as their own Chronicles relate And howsoever some thing hath been questioned in the Discipline and Liturgie of the Church of England by the Scholars of Aerius the Heretick opposing all Ecclesiastical Hierarchy and Liturgie yet the doctrine of the Church of England hath been alwayes kept sarta tecta and held sound and Orthodox by all that carryed the name of Protestants and the Articles of Religion together with the Apology of Bishop Jewell wherein the whole Doctrine of the Church of England is comprised are inserted into the harmony of Protestant Confessions and approved by the suffrage of all Orthodox Churches To swear therefore to endeavour the reforming of the Church of England in Doctrine according to the Word of God is either to swear actum agere to do that which is done already and so to swear vainly or to swear to pervert it it being straight already which is to swear impiously No solemn Covenant especially confirmed by millions of Oaths between two Kingdomes ought to be made without necessary and urgent occasion for otherwise in such a solemn and publick manner to call God as it were from heaven to attest with us would be a taking of his Name in vain Such Covenanting is like the casting the holy anchor among the Athenians and the creating a Dictator among the Romans never to be acted or attempted but in some great exigent of state to preserve it from imminent ruine and destruction But there is no such necessity at this time of engaging both Kingdoms and locking them fast in such a League for the Popish party is at a lower ebb now in England then it hath been heretofore and his Majesty hath bound himself by many Oaths even signed with the blood of his Redeemer at the holy Communion to maintain the Protestant Religion and not only to enliven the Acts formerly made against Seminary Priests Jesuits and Popish Recusants but also to give his royall Assent to any such further Acts as the wisdom of the Parliament and State should offer unto him for the advancement of the Protestant and suppressing of the Romish Religion And as for the Priviledges of Parliament and Liberties of the Subject there needs no entring into this New League for their ratification and confirmation For they are sufficiently established by former Acts of Parliament unrepealed and by the late Protestation generally made by all the Subjects of this Kingdom May 5. 1641. The Reasons alleadged in the preface of the Covenant have scarce any colour of truth and not so much as a shadow of necessity Reas. 1 The first is That other means of Supplications Remonstrances Protestations c. have proved uneffectual and therefore no remedy for a desperate cure but this uniting of minds and swords with the strongest tie of a National Covenant Answ Whereunto I answer That to all those Supplications Remonstrances and Protestations his Majesty hath given gracious answers and hath often heretofore and of late offered honorable conditions of Peace which have been refused Reas. 2 The second is That for the preservation of themselves and their Religion from utter ruine and destruction they were constrained to make this League Answ Whereunto I answer That Religion and the Church are in danger of ruine and destruction as well by the Anabaptists Brownists and other Sectaries who take this Covenant and have grown most insolent upon this new League as by the Papists and that the greatest fear of utterly ruining and destroying this Kingdom is from the continuance of this Civill and unnatural War which is fomented by it Reas. 3 The third is The commendable practise of these Kingdoms in former times Answ In this reason they plead Obsignatis tabulis they avouch that which never hath been nor can be produced and the contrary hath been proved before Reas. 4 The last reason is The example of Gods people in other Nations Whom they mean by these other Nations is expressed in the exhortation to the taking of this Solemn League and Covenant p. 5. namely the Netherlands and Rochellers But as he in Plato's Dialogue said Exemplum ô holpes eget exemplo so we may say of these these are examples without example late practises in our age and memory without any Precedent in former ages and the best times of the Church Neither yet are they parallel to this For the King of Spain against whom the Netherlands and the French King against whom the Rochellers entred into a League Defensive and Offensive with us were persecuters of the true Protestant Religion and oppressors of their known Liberty whereas our gracious Soveraign is a Professor of the Gospell and a Defender of the Orthodox Protestant Faith and a maintainer of the Priviledges of Parliament and Liberties of Subjects as appeareth by his Royal Assent to the Petition of Right Every one that sweareth must have an eye to the conditions of a sacred Oath set down by the Prophet Jerem. 4. 2. He must swear in truth judgement and righteousness in truth not falsly in judgement not rashly in righteousness not wickedly But no man can take this Oath in righteousness for not

only Scripture but even Nature teacheth every man That it is an unrighteous thing if not impious and sacrilegious to disanul abrogate and overthrow the last Wils and Testaments of all the Founders of and Benefactors to Bishopricks Deanaries and Cathedral and Collegiate Churches and to alienate their revenues to another end then they intended especially those lands being dedicated to God and that for the maintenance of his true worship and not any superstitious end It is an unjust thing to thrust out a world of men without any crime or legal forfeiture out of their dignities preferments and Estates whereof they and their predecessors have been legally possessed time out of mind I appeal to their own consciences whether a man might lawfully swear to endeavour the extirpation of all the Judges of the Kings Bench and Common Pleas Barons of the Exchequer Serjeants at Law Counsellours Barrestors and Atturneys or of all Maiors Sheriffs Aldermen Common-councel men Masters and Wardens of Companies Sword bearers Officers and Beadles I am sure such an Oath were Votum devovendum and faedus faedum not only an illegall but a detestible and execrable Oath Obj. And what can they alleadg to difference this from such a one If they say Lord Bishops Deans Arch-deacons c. are no where mentioned in Scripture no more is there of Lord Maiors or Lord chief Barons c. Answ Yea but Magistrates and Judges are named though not with such honorable titles So are Bishops and Deacons and there is as great a necessity of Ecclesiastical Magistrates as civill of order in the Church as in the City and State of some preferments and encouragements for Clergy men and Civilians as for Common Lawyers As this Oath cannot be taken in righteousness so neither in judgement for who can judiciously swear to preserve the Doctrine Discipline and Worship of a Nation which he knoweth not How can he swear in truth that he will indeavour to Reform the Doctrine of the Church of England according to Gods Word which he knoweth and hath acknowledged in his former Protestation and subscribed to the Articles of Religion to be as it is conformable there-unto But these reasons have been touched before and the Readers stomachis like to loath Cramben his coctam No Oath ought to be taken or Covenant entred into which is repugnant to the just and wholesome Laws of the Kingdom now in force For to take such an Oath is to swear to sin and consequently to sin in swearing unless they can make disobedience to the Laws of the land no sin But this Covenant is repugnant to many Laws of England namely all those Statutes and Acts of Parliament whereby Episcopal Government and Ecclesiastical Courts are established and regulated To this Argument it is answered by those who have a hand in pulling down that sacred order that hath laid holy hands upon them That the Acts of Parliament are not like the Laws of Medes and Persians that cannot be altered and in particular that all the former Acts passed in favour of Episcopacy are vertually repealed by that Ordinance of both Houses wherein it is resolved That Episcopal Government shall be cut off root and branch Reply 1 But neither is this answer any way satisfactory nor better then their former For first The resolution to make an Act is not the enacting a Law Many things may fall out between such a Resolution and the Execution thereof in which interim they who take this New Oath may absolutely forswear themselves in breaking the Oath of Canonical obedience to Bishops yet in being Though both Houses should concur to make such an Act for the utter abolishing of Episcopacy yet till the Royal Assent were gained thereunto such an Ordinance could never be improved to an Act of Parliament much lesse of force to Repeal many former Acts For as neither the King with the Commons without the Peers nor the King and Peers without the Commons so neither the Peers and Commons without the King can Make or Repeal any Act made by the Three Estates For that which is Established by Authority must be abrogated by equal Authority and the concurrence of the Three Estates in their Votes is that golden tripos out of which we are to hear the Soveraign and authentical Oracles of the Law Contrary Oaths and Protestations may not be taken for they destroy one the other and he that taketh them is like the Satyre in the Poet who out of the same mouth bloweth hot and cold Can the fountain saith St. James out of the same place send out sweet and bitter waters But this new Covenant and Protestation is contrary to that which was taken by both Houses and all the Subjects of this Kingdom May 5. 1641. For in that we swear to maintain the Priviledges of Parliament and Liberties of the Subject and no man doubteth but Bishops Deans c. are Subjects and their liberties and priviledges are expresly mentioned both in Charta Magna and the Petition of Right But in this we abjure all Prelacy that is Government by Archbishops Bishops Deans c. No man ought to sollicit much lesse inforce upon penalties any of the Clergy to take an Oath contrary to the Oaths they have formerly taken both in their ordination and institution and induction into their Benefices namely the Oath of Canonical obedience to their Bishops and of the Defence and Maintenance of the Priviledges of their Sees But such is the Oath comprised in this New Covenant Therefore it can in no wise be taken at least by any Clergy and Beneficed men As for these Clergy men who pretend that they above all others cannot Covenant to extirpate that Government because they have as they say taken an Oath to obey the Bishops in licitis honestis they can tell if they please that they that have sworn obedience to the Laws of the Land are not thereby prohibited from indeavouring by all lawful means the abolition of those Laws when they prove inconvenient and mischievous And if yet there should any Oath be found into which any Ministers or others have entered not warranted by the Laws of God and the Land in this case they must teach themselves and others to call for Repentance not pertinacy in them Reply 1 No man absolutely sweareth obedience to the Laws of the Land actively for then every disobedience to the Laws of the Land should be perjury but actively or passively that is either to do that which is commanded by the Law or patiently to submit to the penalty thereof Which Oath notwithstanding any Member of Parliament may move for the abrogation of such a Law I grant that notwithstanding any ingagement by former Oath a Member of the Parliament may move to have a Bill preferred for the abolition of a Law in case it hath proved inconvenient and mischievous But such are not the Laws by which Episcopacy is estabished and spiritual Courts regulated All the

Brethren whom peradventure nothing will content but an illimited Power to Lord it in their Parishes and assisted with their Confederates to make their Consistories as well the Benches for secular Cases as the Tribunals for Ecclesiastical and all under a notion of The Power of the Keyes To these in particular if such there are I do friendly recommend this following work hoping that when they feel the force of Argument in their strong convictions they will not be ashamed to confess their mistakes and study to be quiet The Author of this Book was known to be a burning and a shining light untill malice and mischief shut him up in a Prison and put out his Lamp His Speech in the Assembly against this Covenant was at that time so distasted that his impatient and too zealous Brethren suffered him not to render those his Reasons in defence of Episcopacy which are added to this Work When they therefore hastened to swear the League he retired to his house to grieve and to pray Y from that time forward he was neither secure in his study nor safe in his house It was his seeming sin that he so freely delivered his conscience and his punishment was Plundring Sequestring Imprisonment and Death While he continued a Prisoner he composed this Book at the request of a friend and the importunity of his Letter wherewith it begins I suppose that none will gain-say the observation of the Father Conflictatio in adversis probatio est veritatis He was not ashamed of his chain because he endured those pressures as a faithful Son of that true Church whereof Cassiod in Psal. 1. saith Novit Ecclesia beneficia Domini triumphat de suis cladibus afflictione semper augetur sanguine martyrum irrigatur tristitiâ magis erigitur angustiâ dilatatur fletibus pascitur jejuniis reficitur indè potius crescit undè mundus deficit Let the judicious and impartial Reader censure it as he pleaseth I shall end this Introduction with the words of Horace Si quid novisti rectius istis Candidus imperti si non his utere mecum TO My Reverend and much esteemed Friend D. F. SIR THE Winde is stormy and the Sea troubled and we are to cut a way through a narrow passage between two dangerous Rocks wherein if we steer not warily and evenly it cannot be avoided but we shall make shipwrack on the one side or on the other on the one side of Loyalty and a good Conscience on the other of Liberty and our Estate In this case to whom should we rather have recourse then to an antient and skilful Pilot who hath sounded the depths of Theological Controversies and heretofore hazarded his life to save others from drowning in the Sea of Errors Moreover none in my judgement so fit to resolve a Case of Conscience and that of greatest importance as a faithful Minister of the Gospel who hath suffered for Conscience I pray Sir be not shie of your best advice for if we miscarry through want of your Direction all your excuses will prove unexcusable before God What though you have resolved to conceal your self and you lie hid at this present in the dark Yet like a Chrysolite or Carbuncle glowing with Divine fire you shine the brighter I intreat you therefore of all loves to cast a careful eye upon the late Covenant and in the sieve of the refined judgements of the subtilest Casuists to sift it to the bran and send the result of your thoughts upon it to Your Ancient And true affectionate Friend E. G. From London this 12. of February 1643. TO My Noble and much Honored Friend E. G. Worthy Sir IN this tempestuous season like that in Rome when as Livie relateth it rained bloud for many dayes the best counsell I can give is That you and all who are like you from whose Prayers offered up with strong cryes heaven suffereth violence would cry aloud with the Disciples when the ship was covered with waves Save us Master we perish that so he being awaked by our watchful devotion may rebuke the winds and the Seas and restore unto us our former calm and Halcyonian dayes For particular directions how to steer your course between the Rocks you mention upon which you are in danger to split either your Conscience if you enter into this New Covenant or your Estate if you enter not into it you cannot expect them from me For though I have for many years studied the Compass of Gods word yet I am no Pilot. I have ever lived under the hatches and never sate at helm in Church or Common-wealth And if I should take upon me the office of a Steerman and you following my advice should miscary and be dasht in pieces or sunk in your fortunes in stead of thanks from you I were like to receive curses from your family and posterity Yea but I am say you a dispenser of the mysteries of salvation and it is required of a Steward that he be found faithful and I have suffered already for the testimony of a good Conscience and therefore ought not for any fear or terrour conceal my judgement or stifle the truth I cannot deny my function neither will I betray my innocency neither am I afraid of any thing so much herein as this That if you make me your Casuist your case will be soon like mine and by gaining the truth you will be a loser But I check my self in these thoughts with the words of our Saviour What will it advantage a man to win the whole world and lose his own soul What will it avail the master of a Ship to save his whole fraight if he lose that pretious pearl which the rich Merchant sold all that he had to buy This peerless pearl no plunderer can rob us of this affordeth me a comfortable light in the thickest darkness of melancholy thoughts Save for this I account my self nothing worth at all No carbuncle as your love overpriseth me but a dead coal now resolving into ashes and as I lie hid in the dark so I desire from this obscure state to steal into heaven and in the mean while Ita vivere ut nemo me vixisse sentiat so to passe through these angry and working seas that none may discern the print of my Keel Notwithstanding because you charge me so deeply by all the ties of Christian charity which is the bond of perfection I will freely open my self concerning the Engagement of our Conscience in the New Covenant and return you not so much a punctual as a poignant resolution Yours to serve you in the Lord D. F. THE COVENANT Which caused these Scruples of Conscience Here followeth A Solemn League and Covenant for Reformation and defence of Religion the honour and happiness of the King and the Peace and Safety of the three Kingdoms England Scotland and Ireland WE Noblemen Barons Knights Gentlemen Citizens Burgesses Ministers of the Gospel and Commons of all