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A47922 State-divinity, or, A supplement to The relaps'd apostate wherein is prosecuted the discovery of the present design against the King, the Parliament, and the publick peace, in notes upon some late Presbyterian pamphlets / by Roger L'Estrange. L'Estrange, Roger, Sir, 1616-1704.; L'Estrange, Roger, Sir, 1616-1704. Relaps'd apostate. 1661 (1661) Wing L1310; ESTC R21743 25,533 70

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the Lord is among them cry the Sons of Korah Oh that I were made Iudge it the land says Absolom that I might do every man justice But what became of these People He in the Parable was not justified The earth opened her mouth upon the Korites and the smooth Advocate for the Peoples Liberties was Hang'd upon an Oak Wherefore beware of the leaven of the Pharisees which is Hypocrisie Nor is this Crime more fatal to the Person than to the Publick those that are tainted with it being not one jot better Citizens or Subjects than they are Christians two or three are enough to infect a Parish and half a dozen popular Hypocrites will make a shift to embroyle a Nation It is not credible how greedily the heedless Vulgar swallow down any hook baited with forms of godliness especially when they themselves are taken in fo● sharers in the work and made the Iudges of the Controversie Then they begin to talk of the Righteous Scepter and of subjecting the Nations to the rule of the holy Ordinance abundantly supplying with revelation their want of common Reason They forsooth must be conferr'd with about Church-Government and Delinquents Baals Priests and the High places which way to carry on the Cause of the Lamb against the Kingdomes of this world and the powers of darkness When once the poyson of this canker'd zeal comes to diffuse it self and seize the mass and humour of the people who can express in words or without horror think upon the Blasphemies Treasons Murthers Heart-burnings and Consusions that ensue upon it We shall not need to ransack Forreign Stories or past Ages for sad and dismal Instances this little spot of England and our own Memories will furnish us Those that are struck with this distemper take Fancy for Inspiration their very dreams for divine Advertisements and the Impulse of a besotted Melancholy for the direction of the holy Spirit They fashion to themselves strange uncouth Notions of the Diety entring into a familiarity with Heaven and in this elevation of spiritual pride and dotage having as they imagine the Almighty on their side and the Eternal Wisdome for their Counsellour they accompt human reason a ridiculous thing and laugh at the authority and power of Princes So many of them as agree to oppose the Right are called the Saints the earth is their inheritance and that which we stile Theft or Plunder is but with them taking possession of their Birth-right In order to their ends they reckon no violence unlawful Princes are murthered for the glory of God and the most barbarous mischiefs that fire and sword can bring upon a people they term a Reformation Their Combinations against Law and Order are in the language of the Consistory a holy Covenanting with their God and all their actings tho' never so irreverend and impetuous onely the gentle Motions of the Spirit These are the pious Arts that take and lead the Multitude the simple and the factious together with such male-contents as are by guilt disgrace or poverty prepared for lewdness And this hath been the constant method of our devout Patriots who with Gods glory and Christian liberty still in their mouths laid the foundation of our ruine in Hypocrisie The word belongs to the Stage and in That sense to some of our Reformers a great part of whose Pulpit-work it is by Feigned and forc'd Passions in Themselves to stir up True Affections in their Hearers making the Auditory Feel the Griefs the Speaker does but Counterfeit Do we not see familiarly that a sad Tale upon the Stage makes the People Cry in the Pit And yet we know that he that Plays Cesar murther'd in the Senate is but some Droll Comoedian behind the Hanging I thought to have ended here but one Note more shall do my Business and Theirs too or I mightily mistake my self THe Church judgeth not of things undiscovered non esse non apparere are all one as to our Judgement we conclude not peremptorily because we pretend not here to infallibility As we are not sure that any man is truly penitent that we give the Sacrament to so we are not sure that any man dyeth impenitently But we must use Those as Penitent that seem so to Reason judging by ordinary means and so must we judge those as Impenitent that have declared their sin and never declared their Repentance NOTE XII THis Point will be the Death of the Invaletudinary Ministers as our Ciceronians and they might ten times better have indured by reading the Office of Burial at the Grave to expose their tender Bodies to the Excessively Refrigerating Air another Elegance which Imposition they do not understand to be a sign of the Right and Ingenuine Spirit of Religion Sure it Rains Soloecismes Three in the third part of a Page Now to the Churches Faculty and Power of Iudgement according to the strictnesse of their own Rule Not to Appear and not to Bee are the same thing as to the Iudgement of the Church and Those are to be judged Impenitents that have declared their Sin and never declared their Repentance And That in words onely will not suffice neither for say our Reformers It must be Practice first that must make Words Credible when the Person by Perfidiousness hath forfeited his Credit They press further likewise that according to his Majesties Declaration of Octob. 25. 1660. Scandalous Offenders are not to be admitted to the Holy Communion till they have Openly declared themselves to have truly Repented and amended their former naughty Lives c. Now try the Self-Condemners by their own Law Where 's their Repentance for putting Gods Name to the Devil's Commission under the Form of a Religious Vow Couching an Execrable League of violence against their Prince the Law their Country Where 's their Repentance for the Souls they have Damn'd by their Seditious Doctrine the Bloud they have made the People spill by their Incentives to the War Those Schismes and Heresies which they have given us in exchange for an Apostolical Order and Evangelical Truths under the colour of a Gospel-Reformation Where is the Practice they prescribe of their Obedience Their Open Retractations and Amendments Their Sins as Publique as the Day but where 's their Penitence These Gentlemen must justifie the War or by the method of their own Discipline be excluded the Communion of the Church But they 're so far from That they Claim a Right of Government Acts of Parliament must submit to Their Authority They put a Bar to the Kings Power in Matters Indifferent and just as the Last War began are they now tampering to procure another I had some thoughts of a Reply upon their Exceptions against the Liturgy but truly for the Common-People Sake rather then for their own for I think them much more capable of a Confutation then worthy of it At present I am given to understand that there is more Honour meant them then they deserve and I shall wait the Issue of it from a better hand My Frequency of writing may perswade some that I 'me in love with Scribbling but what I now do is no more then what I have ever done when I believ'd my Duty call'd me to it And having done the same thing Formerly and oftener at a time when Rationally I could not expect any other Reward then a Halter I think there are some People that believe I write for a Halter still and have amind to save my Longing I know how I am misrepresented which if I had any thing to Lose but what I 'me weary of perhaps would trouble me But Soberly since so it is here I declare I do not ask the abatement of the strictest rigour of any Law either Humane or Divine in what concerns his Majesty But betwixt some perchance from whom I have not deserv'd Ill and others from whom I have no great Ambition to receive much Kindness my Doings I perceive are Commented upon and much mistaken To These discourtisies I shall onely oppose This Word Let the World renounce me when they find me either less Innocent then I say I am or less Dutiful then I have been Mala Opinio benè parta delectat Sen. Ep. FINIS The Reformers Charge They invade the Kings Authority Proposals pag. 12. Pag. 12. Pag. 12. A miserable shift The Covenant not binding Amesius de Consc. lib. 4. q. 11. Sauls Case examined The Case of Zedekiah Jerem. 34. God made the Covenant The Covenant it self Zedekiahs Covenant And Revolt For the Breach he is Punish'd The Case does not hold The very Case Ezek. 17. Ezek. 17. 15. A Presbyterian Oracle The Covenant an abjuring Oath A thorough Reformation In their Places and Callings Quere An Affront to the Parliament The Reformers tenderness touching Oathes The boldness of the Faction Their weakness ☜ Loyalty made Death accordi●● to the C●venant W. I. A tast of the Reforming Spirit The Kings Murder justified ☞ G. C. ☜ vers 12. of Chap. 20. Chap. 2. v. 31. The Application Pag 12. The Covenant Reviv'd Sedition A matter of nothing The sense of the Covenant Proposals pag. 24. Proposals pag. 12. A Menace The Reformers Foresight ☞ The Faction laid open Seditious Calumnious Presbytery will never down with the People Page 4. Page 5. The safe way is best The Divines Account p. ● Liberty of Conscience The Divines account p. 8. Edward's Gangraena P. 18. Pag. 19. Pag. 20. Pag. 21. Ibid. Pag. 22. Pag. 23. Pag. 25. Ibid. Ibid. Pag. 26. Pag. 27. Pag. 18● Gangraena pag. 1. Heresies the spawn of Presbytery Gangr pag. 179. ☜ The Presbyterians nourished the Sectaries at first The Presbyterians love to the Independ The Sectaries love to the Presbyterians Divines Account pag. 8. Conveniant in Tertio Hypocr impenitent Luk. 18. 11. Num. 16. 3. 2 Sam. 15. 4. Luk. 12. 1. Hypocr dangerous to the Publick Phanaticisme The Divines Account p. 12. The Elegancies of the learned Publique Worship pag. 67. Exceptions p. 8. Self-condemners
true Respect and Kindness for all such Presbyterians as love His Majesty whom I consider as Select Persons and distinguished from the Notion of the Party It were a good deed now to give the world a tast of a Covenanting spirit and truly I 'll venture at it He is a Rabbi too I assure ye One that gives Bishops Ceremonies and Common-prayer no Quarter no nor his Majesty neither but that he has the grace as Sir Francis Bacon says to speak seditious matter in Parables or by Tropes or Examples In fine the Gentleman is a Reformer of the First Rank Upon Sept. 24. 1656. he preached before the Parliament as they call'd it upon this Text Kiss the Son left he be Angry Pag. 23. You may find these Words if you can find him and if you cannot I can Worthy Patriots you that are our Rulers in this Parliament 't is often said we live in Times wherein we may be as good as We please wherein we enjoy in purity and plenty the Ordinances of Iesus Christ. Praysed be God for this even that God who hath delivered us from the imposition of Prelatical Innovations Altar-genuflections and cringings with crossings and all that popish trash and trumpery And truly I speak no more then what I have often thought said The removal of those insupportable burdens countervails for the Blood and Treasure shed and spent in these late distractions Nor did I as yet ever hear of any godly men that desired were it possible to purchase their friends or money again at so dear a rate as with the return of these to have those soul-burdning Antichristian yokes re-imposed upon us And if any such there be I am sure that desire is no part of their godliness and I PROFESSE MY SELF IN THAT TO BE NONE OF THE NUMBER The Odious Fact they talk of was already perpetrated yet does this Gentleman professe that to redeem the Life of our Martyr'd Sovereign and gather up again all the Christian bloud had been spilt if it were possible he would not do it to have Prelates and Ceremonies where they were again Here 's Covenant-Divinity for you the Gospel of our New Evangelists and this Divine is now one of the Eminent Sticklers against Bishops If any man say 't was Conscience I could tell him a Tale of a certain Petition but wee 'll scatter no words While my hand 's in take one more a Publique Preacher now in the Town too and a troubler of the Church-Government Upon Novemb. 29. 1648. he preach'd before the Commons and press'd the Murther of his Sacred Majest in these Words Think not to save your selves by an unrighteous saving of them who are the Lords and the Peoples known Enemies You may not imagine to obtain the favour of those against whom you will not do Iustice For certainly if ye act not like Gods in this particular against men truly obnoxious to Iustice they will be like Devils against you Observe that place 1 Kings 22. 31. compared with chap. 20. It is said in chap. 20. that the King of Syria came against Israel and by the mighty power of God he and his Army were overthrown and the King was taken Prisoner Now the mind of God was which he then discovered onely by that present providence that Justice should have been executed upon him but it was not whereupon the Prophet comes with ashes upon his face and waited for the King of Israel in the way where he should return and as the King passed by he cryed unto him Thus saith the Lord Because thou hast let go a man whom I appointed for destruction therefore thy life shall go for his life Now see how the King of Syria after this answers Ahab's love About three years after Israel and Syria engage in a new War and the King of Syria gives command unto his Souldiers that they should fight neither against small nor great but against the King of Israel Benhadads life was once in Ahabs hand and he ventured Gods displeasure to let him go but see how Benhadad rewards him for it Fight neither against small nor great but against the King of Israel Honourable and Worthy if God do not lead you to do Iustice upon those that have been the great Actors in shedding innocent Bloud never think to gain their love by sparing of them For they will if opportunity be ever offered return again upon you and then they will not fight against the poor and mean ones but against those that have been the Fountain of that Authority and Power whih have been improved against them It is no wonder to find Rebellion in a Nation where Murther and Treason are the Dictates of the Pulpit where Surplices are Scandals and such Discourses none and where the Kings Murtherers passe for Gods Ministers I know how close this Freedom sticks to some that have a Power to do me Mischief and I forecast the worst that can befall me for it Wherefore whatever it be I 'm not surpriz'd for I expect it But to proceed F WE therefore humbly beseech your Majesty with greater importunity then we think we should do for our lives That you would have mercy on the Souls and Consciences of your People and will not suffer us to be tempted to the violation of such solemn Vows and this for nothing when an expedient is before you that will avoid it without any detriment to the Church nay to its honour and advancement NOTE VI. OBserve here 2. or 3. bold and bloudy Intimations First that the Souls and Consciences of the People lye at Stake Next that the King's Denial were great Cruelty Especially considering the smalness of the thing they Ask the Honour and advantage of what they offer Thirdly the Obligation of Their solemn Vow To the First We have elsewhere difcussed the point of Conscience but we are Here to Note how this suggestion tends to Tumult and Sedition The Sense it bears to the People is This Stick to your Covenant or be Damned but in the Sense of Conscience Law and Reason it sounds the contrary Stick to your Covenant and be Damned By what Law were the People freed from their Allegiance and made the Iudges and Reformers of the Government Well but they have sworn to do it and they must keep their Oath Put case they had sworn to Fire the City At This Rate 't is but Swearing First and then pretend a Conscience of the Oath to carry any thing The second Intimation subjects the Piety and Good nature of his Majesty to a Question as who should say what will the King destroy so many Thousand Souls of his poor People for a matter of Nothing Marque now their Matter of Nothing It cost the late Kings Life the best Bloud in the Nation the Ruine of Church and State a long Rebellion and Treasure not to be Compted This they make nothing of And for the Honour they propose
State-Divinity OR A SUPPLEMENT TO The Relaps'd Apostate WHEREIN Is prosecuted the Discovery of the present Design against the King the Parliament and the Publick Peace In NOTES upon some late Presbyterian Pamphlets By ROGER L'ESTRANGE Mon eant vos utriusque fortunae documenta nè contumaciam cum pernicie quam obsequium cum securitate malitis Tacit. Hist. lib. 4. LONDON Printed for Henry Brome at the Gun in Ivy-lane M. DC LXI PREFACE HE that troubles himself because he cannot please others doubtlesse wants either Brains or Business He shall Live Miserable and Dye with an Apology betwixt his Teeth I think I am here upon my Duty and till the King says Hold I 'll follow it to whose Authority I ow my Breath as well as my Obedience The Presbyterian Faction under the Notion of the Commission'd Divines have of late scattered several Libels reflecting dishonourably upon His Sacred Majesty the Church Parliamentary Power This Parliament in Being and in fine arguing from the Justice of the Late War the Lawfulness of Another To the First of Four I return'd an Answer under the Title of the Relaps'd Apostate This Supplement was particularly occasion'd by One of the other Three entitled Two Papers of Proposals to his Majesty wherein their Designs upon the Publick Peace are more avow'd and open then in the Rest. Should These Seditious Papers pass un-controul'd 't would make either their Party or their Arguments seem more considerable then they are I will not foul my Paper with the extravagancies of their Rage against me but in their Intervals that is when they are as Sober as other people are when they are Mad. Thus they Object against my Pamphlet There 's too much Fooling in 't and too much Railing They do well to vilifie what they cannot Answer They are to know that my Design was to expose their Practices and Arguments to the People toward whom whoever Sauces not his Earnest with a Tang of Fooling misses his Marque fot 't is not less necessary to make a Faction Ridiculous then Hateful their Power is Then gone too and Then they are lost whereas they 'd make a shift without the Peoples Love For Rayling I confess I was never taught in the Presbyterian-School where they call foul things by fine names Sometimes perhaps I call their Combination as the Law Christen'd it Treason Spilling of Innocent Bloud Murther Taking away an Honest mans Estate Robbery Rifling of Churches Sacrilege c. They have indeed a cleanlier Idiome for these Matters A Treacherous Confederacy they call a Holy Covenant Murther forsooth is Justice upon Delinquents Notorious Robbery passes for Sequestration Rifling of Churches is but demolishing of the high-Places Was the Murther of the late King ever the less execrable because the Scaffold was hung with Black The bloudy Reformation ever the less Impious because 't was dress'd up with Texts and Covenants Or Judas the less Treacherous for doing his business with a Kiss Whether is the greater shame for Them to Act these Crimes or for Us to Name them Let no Converted Honest Presbyterian take this to himself which is Intended only to the Guilty Decemb. 4. 1661. STATE-DIVINITY OR A SUPPLEMENT TO The Relaps'd Apostate HE that disputes the Presbyterian Claim does the Question more Honour then he does Himself yet for their simple sakes that believe Iustice goes always with the Cry and measure Reason by the Bulk the Holy Discipline has received many a Fair Confutation Silenc'd it is not for though the Brethren have nothing to Say they Talk on still and truly to make Iohn Calvin speak in his Grave were not much harder then to make any of his Disciples hold their Tongues while they are alive A man Sleeps over their Arguments they are so Flat and Spiritlesse And I 'm scarce well awake yet since my last Answer to them so that till I hear something back again I hold my self discharg'd even upon That account from any further search into the Controversie In truth as the case stands to Controvert their Government were to begin at the wrong end we 'll take a nearer Cut and challenge them First as Criminals against the State when they have avoided That Charge we 'll deal with them again upon the point of Conscience Their Charge shall be Plain and Short They Invade the Kings Authority The setled Law And the Power of Parliaments They affront the Parliament Now Sitting Threaten the Publique Peace Iustifie the Rebellion of 1 6 4 1. and Provoke Another Here 't is in Brief and we 'll run it over in as good order as we can First They Invade the Kings Authority They Indict Fasts Disclaim the Soveraign Power in things Indifferent and without Warrant or Pretence they vilifie and cast out the Establish'd Form of the Church and make Another But This they 'll tell ye is the Language of the Sons of Scandal we 'll strike it off the score then and Try the Babes of Grace by a Iury of the Holy Tribe They can but ask to be both Parties and Iudges and That we 'll Grant them The Able Teachers shall sit upon the Faithful Pastors R. shall Try B. E. C. T. M. W. I. Hear now the words of the Reformed and Reforming Crew to His Sacred Majesty A WHether the Covenant were lawfully imposed or not B We are assured from the nature of a Vow to God and from the Case of Saul Zedekiah and others that it would be a terrible thing of us to violate it on that pretence C Though we are far from thinking that it obligeth us to any evil or to go beyond our places and callings to do good much less to resist Authority to which it doth oblige us yet doth it undoubtedly bind us to forbear our own consent to those luxuriances of Church-Government which we there renounced and for which no Divine Institution can be pretended D Not presuming to meddle with the Consciences of those many of the Nobility and Gentry and others that adhered to his late Majesty in the late Unhappy Wars who at their Composition took this Vow and Covenant We only crave your Majesties clemency to our selves and others who believe themselves to be under its obligations And God forbid that we that are the Ministers of the Word of Truth should do any thing to encourage your Majesties Subjects to cast off the Conscience of an Oath E Till the Covenant was decried as an Almanack out of date and its obligation taken to be null that odious Fact could never have been perpetrated against your Royal Father nor your Majesty have been so long expulsed from your Dominions And the obligation of the Covenant upon the Consciences of the Nation was not the weakest Instrument of your Return F We therefore humbly beseech your Majesty with greater importunity than we think we should do for our Lives That you would have mercy on the Souls and Consciences of your People and will not suffer us to
ye had set at liberty at their pleasure to return and brought them into subjection to be unto you for Servants and for Handmaids 17. Therefore thus saith the Lord Ye have not harkened unto me in proclaiming liberty every one to his Brother c. 21. And Zedekiah King of Judah and his Princes will I give into the hand of their Enemies and into the hand of them that seek their life and into the hand of the King of Babylons Army Now here 's the Case God having made a Covenant with the Israelites King Zedekiah makes a Covenant with the People for the performance of That Covenant Breach of Faith was the Sin that drew on their grievous Punishment Can our Covenanters now shew us a Text for the Scottish Discipline or that the late King entred into Covenant with the People to Observe it Can our Iudaising Brethren shew us but a Levitical Law yet for our money or dare they but pretend that the Iurors understood what they swore to do In short here 's the Difference They Covenanted to observe a Levitical Constitution and Ours Covenanted to destroy the Fifth Commandement There is another Covenant mention'd in the Prophet Ezekiel which is much fitter for Their Case the Covenant of the Rebellious House that after Oath and Covenant of Allegiance to the King of Babel Rebelled and sent Embassadors into Aegypt Scotland I had like to have said that they might give him Zedekiah Horses and much People c. That blessed Combination and Our Covenant are of a Family I have been large upon these Precedents to shew how grosly they abuse the very Word of God and truly 't is no wonder for Those People to discover Antichrist in a Ceremony that can draw arguments for Rebellion out of the Bible They Proceed C THough we are far from thinking that it obligeth us to any evil or to go beyond our places and callings to do good much less to resist Authority to which it doth oblige us yet doth it undoubtedly bind us to forbear our own consent to those luxuriances of Church-Government which we there renounced and for which no divine Institution can be pretended NOTE III. THese words would have look'd better from a Pagan Oracle then from a Gospel-Ministry Let any man either say what they can mean but Mischief or name That Mischief which for ought we know they may not intend What was that Covenant which These people so much reverence even in the Infamous Ashes but an Oath of Anti-canonical Obedience and of Anti-Monarchical Allegiance A Religious Abjuration of the King and the Church A Perjury consecrated in the Pulpit A League asserted by Bloudy Hands and Fire and Sword were their best Arguments In summe What that Covenant produc'd These men Intend they own as much and 't were ill manners to contradict them Nay they adore the very Reliques of the Martyr'd Idol They will not go beyond their Places and Callings So said the Solemn Fopp it self and under that pretext pray'ye how far went they for they profess so far they 'll Go again A thorough Reformation is their Business then That is to say could they but Pack a Presbyterian House of Commons which the Sovereign People should call a Parliament to reform the State they 'd undertake the Ordering of the Church Themselves and there 's the Thorough-Reformation If This be not a Justification of the last Rebellion and a fair step toward another I understand not English They say the Covenant does not oblige them to any evil But in the Covenant-sense that 's Good which in a Legal and Common sense is evil Make them the Judges once again and they shall think another war as Lawful as they did the Former They will not Resist Authority neither they say so they told us of Old but they misplac'd it shrewdly 'T is but taking his Majesties Authority into the Faction and Throwing his Person into a Prison again and that Flaw is made up too Now if a man had Lilly's Devil for none but a Presbyterian Familiar is able to help us out Much less to resist Authority to which it doth oblige us c. The Question here is how to understand the Parenthesis whether they mean that the Covenant obliges them to Authority or to Resist it I am a Traytor if I comprehend them We come now to the binding part of the Covenant They must not consent say they to those Luxuriances of Church-Government which they there Renounc'd c. If they must not Consent may they not let them Alone No no they 'll tell us 't is their Calling to reform them I demand will they consent to the Civil Government then If they do That the Law provides a Punishment for such medling Reformers and 't is in vain to think of setling Presbytery before they have effectually Destroy'd Monarchy But these Gentlemen know the way to Confusion without a Guide By their Luxuriances they understand Prelates and all appendents to the Hierarchy These they have Renounc'd they say and by their Covenant they are still obliged to make good their Disclaim This Boldness requires rather the Severity of the Law then dint of Argument 'To preferr a Schismatical League to an Act of Parliament the skumm of the People to the Supreme Authority of the Nation Let the gravest of their Galloping Lecturers answer me onely to This one Question Where lies the Last appeal according to the Constitution of England If in the King as what honest man doubts it They are Iudg'd already let them be quiet If in the Parliament they are Over-Rul'd There too the Covenant's gone If in the People why do they contradict themselves and Petition his Majesty if in the Presbyterian Pastors why do they Supplicate the Bishops As to the point of Divine Institution 't is worn Thrid-Bare But where 's the Divine Institution of a White-Cap under A Black of A Cloak in A Pulpit of Reviling Bishops and Speaking evil of Dignities of the Heart-breaking Humm's and Haws and the doleful tunes they Teach in Their next Period is a Bobb to the Cavaliers let the Brethren make their best on 't D NOt presuming to meddle with the Consciences of those many of the Nobility and Gentry and Others that adhered to his late Majesty in the late unhappy Wars who at their Camposition took the Vow and Covenant We only crave your Majesties clemency to our selves and others who believe themselves to be under its obligations And God forbid that we that are the Ministers of the Word of Truth should do any thing to encourage your Majesties Subjects to cast off the Conscience of an Oath NOTE IV. MArque the transcendent Confidence and Weakness of these People They will not meddle with the Cavaliers Consciences that took the Covenant Did they not meddle with them neither to make them take it They put them to this Choyce either to swear or sterve and