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 ΑÎΑΛΗΨΙΣ ΑÎΕΛΗΦΘΗ 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
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 â—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 Parliamâ—â—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
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
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
can order determine direct and by Parliamentary Authority enforce a present execution of those Determinations and Orders directed to the Subject as we know is and ordinarily hath been practised without the consent of the King And whether the people are not subject to the same as being Parliamentary Authority before they formally pass into Laws or Acts to be established Rules when their being a Parliament ceaseth And so whether an Act done Sedente Parliamento at their Appointment and by their present Order being in its own nature permanent and abiding never to be discharged as is the Obligation of an Oath be not valid though it never pass into a Formal Act of Parliament and standing Statute 3. Whether an extraordinary and unusual Proclamation of the King against the Determinations of both Houses of Parliament be according to the constitutions of this Kingdom a full and formal supersedeas to any act required to be done by the authority of the Parliament then sitting 4. Whether his late Majesty in his Proclamation of the 9th of Octob. 19. Carol. did by his Royal Authority declare void and null the Obligation which should be laid on any of his people against his consent Or by his Parental care onely admonish his Subjects of its evil and the danger he conceived in it and so warn a forbearance of it For Parental Admonition and Authoritative Annulling Inhibition are distinct Acts and the last was in this case necessary because the Collective Body of the Kingdom had sworn this Covenant on the 25th of September before 5. Whether the Kings after-assent and admonition unto a right understanding and Religious keeping of the Covenant do not establish it and make its obligation unavoidable And whether after the interdiction of the Act his Majesties Declaration That as things now stand good men shall least offend God and Me by keeping their Covenant by honest and lawful ways since I have the Charity to believe the chief end of the Covenant in such mens intention was to preserve Religion in purity and the Kingdoms in peace Be not a subsequent allowance sutable to the equity of that Law in Numb 30. and sufficient to make the Covenant valid and an indispensable vow 6. Whether an endeavour in our places and callings be not so far sui Juris to the Subject that it may be safely sworn without the consent of the Soveraign and shall bind the conscience notwithstanding His declared dissent thereunto Lastly Whether the Approbation of His most Gracious Majesty that now is unto the Solemn League and Covenant and the Assent unto the Ordinances of Parliament enjoyning the same declared by Solemn Oath and Publick Declaration be not a full compleat and formal Authority supplying all supposed defect and fastning its obligation by a full Theological if not formally Political Act of Parliament And so hath varied the case and all fancy of the non-obligation of the Covenant occasioned by the unhappy dispute concerning the Authority conversant about it When Sir these enquiries are seriously and on solid Reasons resolved in the Negative we shall confess there may be some doubt of a discharge of the Obligation of the Covenant and untill then it lieth on our consciences and must be carefully regarded and performed lest the judgments of God come upon us and we fall under the guilt of perjury Now Sir the matter of the Covenant being just and possible the Authority establishing it full and sufficient and dispensation from the Obligation of an Oath concluded to be a Popish Vanity what can hinder our conclusion that the Obligation of the Solemn League and Covenant is permanent never to be discharged Yet Sir Dr John Gauden notwithstanding his ill success in loosing St. Peters Bonds hath made an Essay for his full release though not immediately by himself who can say no more then what he said at first and therefore saith it over again in his Epistle to the Doubts and Scruples before noted yet by his profound allowance and judicious testimony to the discourse of Mr. John Russel of Chinkford in Essex the which is made authentick and acceptable to the world as good Casuistical Divinity and a clear resolution of this case of conscience by this stamp on the Title page Attested by John Gauden D. D. So that Sir I should be dis-respective to my Antagonist if I make not a little stay to consider what is said by his learned Chaplain though I must confess it is so simple and shatter'd a discourse it is not worth reading much less the least of Answer but I remember my promise at the beginning That I would weigh what he could alledge to void the Covenant which is his aim and professed end and therefore his Title page affirmeth The Solemn League and Covenant discharged or St. Peters Bonds not onely loosed but annihilated An honourable design an high undertaking an hard enterprise to release the conscience from the bond of an Oath It is well if the attempt give us not cause to see Fronti nulla fides and that the Title is stuffed with proud swelling words of vanity yet he applieth himself to the work with some agility as if accustomed to evade holy Bonds and with ease to resolve the most weighty cases of consciences I will not say by a nimble profaneness to break Religious Prisons and therefore in page 2 of his Book he states the question and telleth us I shall grant by way of supposition we will be content with such a grant all that the most rigid Covenanters can desire of me excepting one point I shall suppose the same to be imposed by compleat and lawful Authority to be no ways defective in circumstances to be clear and free from ambiguity to be perfect in the form to be sound and lawful in the matter to be pious in the end fair in the manner of imposing that there was no fraud or violence used but that all men took it with due deliberation and free consent by all which means it became a very strong Bond and Obligation upon the consciences of men Sir This is I confess a very fair grant if notwithstanding all this he can discharge the Covenant by my consent he shall never more be brought into durance but what is that one point he denieth to grant us It is this That the Solemn League and Covenant is such a Bond on the consciences of men that it cannot be released by any humane act or power And in opposition thereto he affirmeth That the same specifical power or an higher than that which imposed this Vow upon us may release us from the same either tacitely or expresly This Sir is easily affirmed with confidence but so simply and slenderly proved that the Doctor hath shewed us little of judgment in his attestation to this work as in his own Analysis and must needs make men observe his desire of Release is so fervent as to allow and approve any thing that doth but pretend to discharge the
conclusion so weighty is a very considerable opposition directly repugnant to their confidence of an universal uninterrupted exercise of this Form of Government for now had Epiphanius more warrantably and on better grounds called this an Heresie I should not much regard it nor will their assurance of this Argument avail to establish this kind of Prelacy or to anticipate the promise on Oath of a due endeavour to extirpate it We see Sir there is nothing of weight in the Government either on the supposed Apostolical Institution or ancient universal uninterrupted practice that could bar from taking much lesse bind unto the breaking of this second Article of the Solemn League and Covenant let us consider what is in the state of the Church of England Oxford fourth exception to the second Article of the Covenant which may bind the perpetuation of this Government or be of force to bar the extirpation thereof and that in their fourth exception to this Article wherein they tell us In respect of the Church of England they cannot swear to extirpate this Government for three Reasons 1. The Inconveniences which attend all change in Government and in this is like to be great it being deeply rooted in the Laws and of strong influence on the Civil State 2. Repugnant to the Declaration of the Commons-in Parliament 3. And a striking at the foundation of this Famous Church of England Unto all which I cannot but briefly say That the two first seem in my thoughts very little to respect the Church for the alteration which might ensue in the Civil State might consist with and conduce unto the being and well-being of the Church and the declared purposes of the House of Commons might be contradicted without any great reflection on the Church 2. Jealousies of inconvenient effects must not intercept a duty These effects may be accidental the duty positive and it is the prudence of Legislators to fore-see and prepare against such incoveniences as may happen on the alteration of Lawes and Forms of Government I question how far the care thereof lieth on private persons or societies And if these jealousies were of weight for continuation of Episcopacy now why not at the destruction of Monasteries and Abbies and exclusion of the Popes Supremacy which was the root to which Prelacy is but a Branch since continued in conjunction with and influence on the Civil State by Magna Charta the grant of the glorious King Saint Edward and most of the ancient Lawes from which this Government doth at this day draw its sap and strength 3. The Delaration of Parliament pleaded as a Bar to this extirpation doth offer Reasons for its alterations which I think are of weight viz. its strenuous study and endeavour to effect a conjunction between Papists and Protestants in Doctrine Discipline and Worship being before agreed in judgement its Tyrannical imposing a Liturgy in Scotland and enforcing it after an happy pacification by his late Serene Majesty with the Bellum Episcopale its violence and cruelty to Religion and Religious men in the Star Chamber and High Commission Courts and what themselves observe its influence on the Civil State which made this Prelacy odious in all Ages and was a very likely provocation to its extirpation in England as in Denmark and if they will but please to consider that sinful superiority over the Ministers of the Gospel which is the anima animans very form of it and cannot be capable of any remedy but by its ruine all which having been published in print by many Petitions to Speeches in and Declarations from the Parliament might have offered Reasons for the extirpation to counterpoise nay weigh down all feared inconveniences which might arise had these learned men pleased to have observed them so that if the House of Commons did any way declare the continuance of it it was from their indulgence and willingness by all fair means if possible to regulate it rather than any merit of the Government it self 4. But the supposed repugnancy of this branch of the Covenant unto the Declaration of the House of Commons is not to me so visible these Gentlemen refer us unto the Remonstrance of December the fifth 1641. and tell us That the House of Commons Remonstrated that it was far from their purpose or desire to abolish the Church-government but rather that all the Members of the Church of England should be regulated by such Rules of Order and Discipline as are established by Parliament Which words by the variation of the character I imagined to be the words of the Remonstrance but on search and second reading of the Remonstrance I find no such sentence in the same some parts of the sentence in the Remonstrance themselves have transcribed in the Margin and it is this They infuse into the people that we mean to abolish all Church-government which Text will not justifie or allow their inference for it proclaims not the Parliaments purpose but Malignants policy not that it was far from their purpose or desire to extirpate this kind of Government but that the malice of their enemies did infuse they would abolish all Government Surely Sir prejudice was very prevalent in these learned men of Oxford which made them read instead of a complaint of grievance a Declaration of purpose and from the complaints of a general charge to intend to abolish all Government to infer a purpose of preservation of this specifical Government as if all Government were included in it had they pleased to have read the whole sentence they would have seen that the words were much more general abolish all Government and leave every man to his own fancy for the service and worship of God which they might not do and yet extirpate the Prelacy and late Episcopal Government of England no marvel that this mistake makes them imagine and insert into the Reason a rather that all the Members should be regulated c. which desire is not therein expressed but only a profession of their knowledge That His Majesty was under God 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 I think Sir a profession of his Majesties Prerogative is vastly different from a Parliamentary proportioning of the Prelates preheminence and the Kings Supremacy may be acknowledged when the Bishops are degraded and set among their proper Peers And now Sir this repugnancy between the Covenanted extirpation and Parliaments purpose of perpetuation appeareth a think so of like nature with the Apostolical Institution of this Episcopacy and it would be enquired whether it be more malignity to suggest to the people a purpose in the Parliament by them never declared and so make them obnoxious to the charge of self-contradiction or infuse into the people the verity and plainness of their meaning not to abolish all Government but to extirpate this kind which through the whole
by a spirit of Prelacy will it not bespeak that Government prejudicial to the Civil State which condemneth Conventicles in acts of piety but admits Families the Subjects houses the places and natural affection to be the protection of Treasonable Seditious Conspiracies But they adde against this Article that it binds to suffering punishment by an arbitrary power without Law or Merit contrary to the liberty of the Subject declared for by the House of Commons Let us Sir but read the words of the Covenant and that will evidence a contradiction to the Parliaments Declaration of the same nature with those we have before observed the words are these That they may be brought to publick Tryal and receive condigne punishment as the degree of their offences shall deserve or the Supreme Judicatories of both Kingdoms respectively or others having power from them for that effect shall judge convenient If Sir condigne punishment on publick Tryal according to the degree of the offence be without law or merit and Judicatory Supream Judicatory be Arbitrary High Courts of Justice and their proceedings will be Just and Regular and the liberty of the Subject for I think them to be more Opposites than the Protestation and Solemn League and Covenant Unto the fifth Article of this Covenant Oxford Exceptions to the fifth Article of the Covenant they profess a readiness to confederate but they pretend to a double Remora 1. They do not see the happiness of such a blessed peace between the three Kingdoms Ireland being at War within it self To which I should have said no more than this Gentlemen where are your eyes and what obstructs your sight when you sware the Protestation you sware By all just and honourable wayes to endeavour to preserve the union and peace of the three Kingdoms of England Scotland and Ireland Was not Ireland then at War within it self Or have you forgotten that it was so or is not the Peace now concluded by both Parliaments and confirmed by this Covenant a greater happiness of settlement than was then obtained Sure some strong passion acted these learned men to make Mountains against the Covenant what were Mole-hills wssen they swore the Protestation But their second Remora is That no peace can be firm and well-grounded which is not bottomed on justice whose proper and adequate act is jus suum cuique unless the respective Authority Power and Liberty of King Parliament and Subject be preserved full and entire To this I should say no more then this Specifie the defect of this Covenant as to these particulars for I cannot read or understand if they be not all secured by the same Suggestions without plain Demonstration do proclaim jealousie and prejudice but make no Argument or good Apology against required duty Unto the sixth and last Article Oxford Exceptions to the sixth Article of the Covenant being an Obligation of adherence to this Covenant against all opposition they say no more then what must be expected that untill they be satisfied in the Premises stated in the foregoing Articles of the Covenant they could not su scribe to this Conclusion which we must needs admit them hoping that a more cool serious survey of the Covenant second thoughts on their Exceptions thereunto may satisfie their consciences and lead them to bewail their unhappiness in throwing such stumbling blocks before their weak Brethren under the Name and Authority of a Famous and Learned University and for their groundless dissent and refusal of an enjoyed duty relating to the Honour of God Reformation and defenct of Religion Honour and Happiness of the King Peace and Safety of the Kingdoms in a Solemn League and Covenant which Sir we find notwithstanding these so much admired Exceptions approves it self lawful in respect of the matter therein sworn to be preserved or pursued and will the better stand under all defects and miscarriages in point of manner and form of making it which is the next thing to be considered Sectio quarta Proposition 4. The Form and Manner of making the Solemn Leagne and Covenant was good and allowable IN the Consideration of this Position I intend not to consider the Form constituting it an Oath which is evident and known to all to have been a Solemn Calling to God to witness and avenge the violation or neglect thereof in respect of which its obligation is established against whatever defects and miscarriages did attend the agitation thereof from which nevertheless I would desire it as much may be acquitted for it is pity so good matter should be blemished by the circumstances which attended it Nor shall I insist on an Historical Narration of the publick Assemblies in which it was taken the Solemnity thereof in respect of the quality of persons the Parliament both Lords and Commons the Commissioners of Scotland the Assembly of Divines making the first Assembly that entred into it nor the Order by Solemn Humiliation and Prayer and serious Instruction and Exhortation which attended it nor the universal alacrity joy and content of the most serious in England and Scotland which accompained this first Act of making the Covenant nor the after particular Solemnities both for number quality and disposition of persons and religious composed order in which it was taken in the City of London the several Counties and Congregations of England then which I may boldly say no publick Act ever passed by and among the people of England more solemnly or more religiously which though it be now darkned and despised doth set a lustre on this Covenant to abide under the greatest contempt and reproach cast upon it and will most strongly bind in the presence of God and men But my intentions are to defend those actions as good I do not say necessary and allowable which were and might be done without any sin or any debilitation of the Covenant against which I find the Exceptions of the Enemies to the Covenant most strongly bent that thereby they might represent it vile if not render it void and these are either 1. The order of the words 2. Nature of the thing 3. Authority which enjoyned it 4. Or the action and gesture of the body used in the swearing of this Covenant All which I humbly conceive will be found such as might well suit so solemn an Act as is a National Covenant yet I find some late opposition thereunto and in special by the Oxford Reasons and the League Illegal I shall briefly try their strength 1. Sir As to the order of the words I find Dr. 1. The order of the words vindicated against Dr. Featliey League Illegal Pag. 14. Featlies ghost in the League Illegal like some hellish fury representing the Dr. to have been a man so haughtily devoted to the punctilio's of order and honour as not to brook or keep his hands from tearing a List Catalogue or Register wherein they who were below him should be ranked above and named before him in sense whereof