potentissimis rebus defenditur Jure mente ROM. 14. 22. Happy is he that condemneth not himselfe in that which he alloweth THE END ERRATA Page 23. marg. read Haeretici pag. 24. l. 12. read Ecclesiasticall p. 24. l. 27. r. declared against Episcopacie p. 26. l ult. marg. r. Hen. 3. p. 28. l. 24. r. be inevitably a Such an Oath as for Matter Persons and other Circumstances the like hath not been in any Age or Oath we read of in sacred or humane stories M. Nye Covenant with Narrative pag. 12. a Pactum est duorum pluriâ—mvâ— in idem placituÌ„ consensus L. 1. ff. de Pactis b Whereas many of them have had an oath administred unto them not warrantable by the Lawes and Statutes of this Realme They doe humbly pray that no man hereafter be compelled to take such an oath All which they most humbly pray as their rights and liberties according to the Lawes and Statutes of this Realme Petit. of Right 3. c It is declared 16 Jan. 1642. That the King cannot compell men to be sworne without an act of Parliament Exact Collect. pag. 859 860. d Proclam of 9. Octob. 19. Car. viz. In accounting Bishops Antichristian and indifferent Ceremonies unlawfull b viz. In making their discipline and government a mark of the true Church and the setting up thereof the erecting of the throne of Christ c Let us not be blamed if we call it Parliament Religion Parliament Gospel Parliament Faith Harding confut of Apology part 6. Chap. 2. d Stat. 13. Eliz. 12. e Such jurisdictions privileges superiorities and preheminences spirituall and ecclesiasticall as by any c. for the Visitation of the Ecclesiasticall State and Persons and for reformation order and correction of the same and of all manner errors heresies schismes abuses offences contempts and enormities shall for ever by authority of this present Parliament be united and annexed to the Imperiall Crown of this Realme An Act restoring to the Crowne the antient Jurisdiction c. 1 Elizab. 1. a Art 36. b give advantage to this Malignant party to traduce our Proceedings They infuse into the people that we mean to abolish all Church-Government Remonst 15. Dec. 1641. Exact Collect. pag. 19. The Lords and Commons doe declare That they intend a due and necessary Reformation of the Government and Liturgie of the Church and to take away nothing in the one or in the other but what shall be evill and justly offensive or at least unnecessary and burthensome Declar. 9. Apr. 1642. Exact Coll. p. 135. c Statut. of Carlile 25. E. 1. recited 25. E. 3. d They infuse into the people that we mean to leave every man to his own fancie absolving him of that Obedience which he owes under God unto His Majesty whom we know to be entrusted with the Ecclesiasticall Law as well as with the Temporall Exact Collect. ubi sup p. 19. e That he will grant keep and confirm the Laws Customes and Franchises granted to the Clergie by the glorious King S. Edward And that he will grant and preserve unto the Bishops and to the Churches committed to their charge all Canonicall Privileges and due Law and Justice and that he will protect and defend them as every good King in his Kingdome ought to be Protector and Defender of the Bishops and the Churches under their Government Vide Exact Coll. p. 290 291. f See Stat. 25. H. 8. 20. 1. E. 6. 2. g See Stat. 39. Eliz. 8. h Stat. 14. E. 3. 4. 5. 17. E. 3. 14 i Stat. 26. H. 8. 3. 1. Eliz. 4. k Supremam potestatem meruÌ„ imperium apud nos habet Rex Cambd. Whereas by sundry divers old authentique Histories Chronicles it is manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the wâ—rld governed by one Supream Head and King having the dignity and royall estate of the Imperiall Crown of the same Stat. 24. H. 8. 12. See also 1 Elizab. 3. a The Lords Commons doe declare That they intend a due and necessary Reformation of the Liturgie of the Church and to take away nothing therein but what shall be evill and justly offensive or at least unnecessary and burthensome Declarat 9. Apr. 1642. Exact Coll. pag. 135. c From whence it is most evident that the Rights and Privileges of the Parliaments and Liberties of the Kingdom are in the first place to be preserved Answ to Scotish Papers 18. Nov. 1646. page 21. d We observe you mention the defence of the King twice from the Covenant yet in both places leave out In the preservation and c. pag. 39. 46. a maine clause without which the other part ought never to be mentioned pag. 56. a Haeretia nec Deo nec hominibus serâ—â—â—t fidem Speciatim hâ—â— addo Calvinistas in hac re deteriores esse quâ—m Lutheranos Nam Calvinistae nullam servant fidem Jura perjura Lutherani moderatiores sunt Becan 5. Manual Controv. 14. n. 4. 6. b Invent Oathes and Covenants for the Kingdome dispence with them when he pleaseth sweare and forsweare as the wind turneth like a godly Presbyter Arraig of Persec in Epist. Ded. c By the Covenant both Houses of Parliament many thousands of other His Majesties Subjects of England and Ireland stand bound as well as we to hinder the setting up of the Church-Government by Bishops in the Kingdome of Scotland And that we as well as they stand bound to endeavour the extirpation thereof in England and Ireland Scots Declar. to the States of the United Provinces 5. Aug. 1645. recited in Answer to the Scots Papers pag. 23. d The old formes of Acts of Parliam were The King willeth provideth ordaineth establisheth granteth c. by the assent of Parliament c. See Statutes till 1 H. 4. After that The King of the assent of the Lords Spirituall and Temporall and at the speciall instance and request of the Commons of this Realm hath ordained c. See Statutes 1 H. 4. till 1 H. 7. A forme of such Petition of the Commons see 1 R. 3. 6. Prayen the Commons in this present Parliament assembled that where c. Please it therefore your Highnesse by the advice and assent of the Lords Spirituall and Temporall in this your present Parliament assembled and by the authority of the same to ordaine c. No Bill is an Act of Parliament Ordinance or Edict of Law although both the Houses agree unanimously in it till it hath the Royall Assent Ancient Customes pag. 54. Assemblee de ceux troys Estats est appellee un Act de Parliament car sans touts troys nest ascun Act de Parl. Finch Nomotech fol. 21. We admit that no Acts of Parliament are complete or formally binding without the Kings assent H. P. Answer to David Jenkins pag. 6. e Which if your Majesty shall be pleased to adorne with your Majesties Royall assent without which it can neither be complete and perfect nor Stat. 1. Jac. 1. f Stat. 33. H. 1. 21. g Dominus Rex habet ordinariam jurisdictionem dignitatem potestatem super omnes qui in regno suo sunt Ea quae jurisdictionis sunt pacis ad nullum pertinent nisi ad coronam dignitatem Regians nec à coronâ separari possunt Bracton cited by Stamford lib. 2. cap. 2. h For in our Lawes the Clergie Nobility Communalty are the 3. Estates We your said most loving faithfull and obedient Subjects viz. the Lords Spirituall and Temporall and the Commons representing your Three Estates of your Realme of England 1 Eliz. 3. the State of the Clergie being one of the greatest States of this Realme 8 Eliz. 1. i See Finch supra ad lit. d k The Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately to God in all things touching the Regality of the said Crowne 16 R. 2. 5. Omnis sub eo est ipse sub nullo nisi tantùm sub Deo Parem autem non habet Rex in regno suo quia Item nec multò fortiùs superiorem aut potentiorem habere debet quia sic esset inferior suis subjectis Bracton conten 1. Rubr. 36. Cui {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} legibus ipsis legum vim imponendi potestatem Deus dedit Finch Nomotech in Epist. Dedic. to K. James l Fonâ— Justitiae Bracton By War to intend the alteration of the Lawes in any part of them is to levy War against the King and consequently Treason by the Statute of 25 E. 3. because they are the Kings Lawes He is the fountaine from whence in their severall channels they are derived to the Subject Master Saint John's Speech concerning the Earle of Strafford page 12. m Et ibidem vobiscum colloquium habere tractare super dictis negotiis tract vestrumque consilium impensur Writ to the Lords a Every Subject by the duty of his Allegiance is bounden to serve and assist his Prince and Sovâ—raigne Lord at all seasons when need shall require 11 H. 7. 18. Stat. 1. El. 1. 1 Cor. 5. 1. c. 1 Cor. 11. 28. c. 1 Eliz. * Stat. 23. Eliz. 1. 29 Eliz. 6. 35 El. 1. 2. 3 Jac. 4. 5.
example of a reall Reformation that the Lord may turn away his wrath and heavy indignation and establish these Churches and Kingdoms in truth and peace And this Covenant we make in the presence of Almighty God the searcher of all hearts with a true intention to perform the same as we shall answer at that great day when the secrets of all hearts shall be disclosed Most humbly beseeching the Lord to strengthen us by his holy Spirit for this end and to blesse our desires and proceedings with such successe as may be deliverance and safety to his people and encouragement to other Christian Churches groaning under or in danger of the yoke of Antichristian tyrannie to joyn in the same or like Association and Covenant to the glory of God the enlargement of the Kingdome of Jesus Christ and the peace and tranquility of Christian Kingdoms and Common-wealths The Negative Oath I A. B. Doe sweare from my heart that J will not directly nor indirectly adhere unto or willingly assist the King in this War or in this Cause against the Parliament nor any Forces raised without the consent of the two Houses of Parliament in this Cause or Warre And J doe likewise sweare that my comming and submitting my selfe under the Power and Protection of the Parliament is without any manner of Designe whatsoever to the prejudice of the proceedings of this present Parliament and without the direction privity or advice of the King or any of his Councell or Officers other then what J have now made knowne So helpe me God and the contents of this Booke Reasons why the Vniversity of Oxford cannot submit to the Covenant the Negative Oath the Ordinance concerning Discipline and Directory mentioned in the late Ordinance of Parliament for the Visitation of that place WHereas by an Ordinance of the Lords and Commons assembled in Parliament for the Visitation and Reformation of the University of Oxford lately published power is given to certain persons therein named as Visitors to enquire concerning those of the said University that neglect to take the Solemne League and Covenant and the Negative Oath being tendred unto them and likewise concerning those that oppose the execution of the Ordinances of Parliament concerning the Discipline and Directory or shall not promote or cause the same to be put in execution according to their severall places and callings We the Masters Scholars and other Officers and Members of the said University not to judge the Consciences of others but to cleare our selves before God and the world from all suspicion of Obstinacie whilst we discharge our own present to consideration the true reasons of our present judgment concerning the said Covenant Oath and Ordinances Expecting so much Justice and hoping for so much Charity as either not to be pressed to conforme to what is required in any the premisses further then our present judgements will warrant us or not condemned for the refusing so to doe without cleare and reall satisfaction given to our just scruples §. I. Of the Prâ—facâ— to the Covenâ—â—t THe Exceptions against the Introductory Preface to the Covenant although we insist not much upon because it may be said to be no part of the Covenant yet among the things therein contained the acknowledgment whereof is implicitely required of every Covenanter 1. We are not able to say that the rage power and presumption of the enemies of God in the sense there intended is at this time increased 2. Nor can truly affirme that we had used or given consent to any Supplication or Remonstrance to the purposes therein expressed 3. Nor doe conceive the entring into such a mutuall League and Covenant to be a lawfull proper and probable meanes to preserve our selves and our Religion from ruine and destruction 4. Nor can believe the same to be according to the commendable practice of these Kingdomes or the example of Gods people in other Nations When we find not the least foot-step in our Histories of a sworne Covenant ever entred into by the people of this Kingdome upon any occasion whatsoever nor can readily remember any commendable example of the like done in any other Nation but are rather told by the defenders of this Covenant that a the world never saw the like before §. II. Of the Covenant in grosse FIrst we are not satisfied how we can submit to the taking thereof as it is now imposed under a penalty 1. Such imposition to our seeming being repugnant to the nature of a Covenant which being a Contract implyeth a a voluntary mutuall consent of the Contractors whereunto men are to be induced by perswasions not compelled by power In so much that the very words of this Covenant in the Preface conclusion and whole frame thereof runne in such a forme throughout as import a consent rather grounded upon prudentiall motives then extorted by Rigour 2. Without betraying the Liberty which by our protestation we are bound and in the third Article of this Covenant must sweare with our lives and fortunes to preserve To which Liberty the imposition of a new Oath other then is established by Act of Parliament is expressed in the b Petition of Right and by the Lords and Commons in their c Declarations acknowledged to be contrary 3. Without acknowledging in the Imposers a greater Power then for ought that appeareth to us hath been in former time challenged Or can consist with our former Protestation if we rightly understand it in sundry the most materiall branches thereof Neither secondly are we satisfied although the Covenant should not be imposed upon us at all but only recommended to us and then left to our choice 1. How we should in wisedome and duty being Subjects of our own accord and free will enter into a Covenant wherein He whose Subjects we are is in any wise concerned without his consent either expressed or reasonably presumed It being in his power as we conceive by the equity of the Law Numb. 30. to annull and make void the same at his pleasure 2. How we can now that His Majesty hath by His publique d Interdict sufficiently made known His pleasure in that behalfe enter into a Covenant the taking whereof he hath expresly forbidden without forfeiting that Obedience which as we are perswaded by our naturall Allegiance and former Oathes we owe unto all such His Majesties Commands as are not in our apprehensions repugnant to the will of God or the positive Laws of this Kingdome III. Of the first Article of the Covenant WHerein first we are not satisfied how we can with judgement sweare to endeavour to preserve the Religion of another Kingdome 1. Whereof as it doth not concerne us to have very much so we professe to have very little understanding 2. Which so far as the occurrents of these unhappy times have brought it to our knowledge and we are able to judge is in three of the foure specified particulars viz. Worship Discipline and Government
their said Declaration should be printed and published in all the Parish-Churches and Chappells of the Kindome there to stand and remaine as a testimony of the cleâ—rnesse of their intentions whether the subjecting of our selves and brethren by Oath unto such punishments as shall be inflicted upon us without Law or Merit at the sole pleasure of such uncertaine Judges as shall be upon any particular occasion deputed for that effect of what mean quality or abilities soever they be even to the taking away of our lives if they shall think it convenient so to doe though the degree of our offences shall not require or deserve the same be not the betraying of our Liberty in the lowest and the setting up of an Arbitrary Power in the highest degree that can be imagined The substance of the fift Article being the settling and continuance of a firm peace and union between the three Kingdomes since it is our bounden duty to desire and according to our severall places and interests by all lawfull meanes to endeavour the same we should make no scruple at all to enter into a Covenant to that purpose were it not 1. That we doe not see nor therefore can acknowledge the happinesse of such a blessed Peace between the three Kingdomes for we hope Ireland is not forgotten as in the Article is mentioned So long as Ireland is at War within it self and both the other Kingdomes engaged in that War 2. That since no peace can be firme and well-grounded that is not bottom'd upon Justice the most proper and adequate act whereof is Jus suum cuique to let every one have that which of right belongeth unto him we cannot conceive how a firm and lasting Peace can be established in these Kingdomes unlesse the respective Authority Power and Liberty of King Parliament and Subject as well every one as other be preserved full and entire according to the known Lawes and continued unquestioned customes of the severall Kingdomes in former times and before the beginning of these sad distractions In the sixth Article we are altogether unsatisfied 1. The whole Article being grounded upon a supposition which hath not yet been evidenced to us viz. that this Cause meaning thereby or else we understand it not the joyning in this Covenant of mutuall defence for the prosecution of the late War was the cause of Religion Liberty and Peace of the Kingdomes and that it so much concerned the Glory of God and the good of the Kingdomes and the Honour of the King 2. If all the Premisses were so cleare that we durst yeeld our free assent thereunto yet were they not sufficient to warrant to our consciences what in this Article is required to be sworn of us unlesse we were as clearly satisfied concerning the lawfulnesse of the means to be used for the supporting of such a Cause For since evill may not be done that good may come thereof we cannot yet be perswaded that the Cause of Religion Liberty and Peace may be supported or the Glory of God the Good of the Kingdomes and the Honour of the King sought to be advanced by such means as to our best understandings are both improper for those Ends and destitute of all warrant from the Lawes either of God or of this Realm Lastly in the conclusion our hearts tremble to think that we should be required to pray that other Christian Churches might be encouraged by our example to joyn in the like Association and Covenant to free themselves from the Antichristian yoke c. Wherein 1. To omit that we doe not know any Antichristian yoke under which we were held in these Kingdomes and from which we owe to this either War or Covenant our freedome unlesse by the Antichristian yoke be meant Episcopall Government which we hope no man that pretendeth to Truth and Charity will affirm 2. We doe not yet see in the fruits of this Association or Covenant among our selves any thing so lovely asto invite us to desire much lesse to pray that other Christian Churches should follow our example herein 3. To pray to the purpose in the conclusion of the Covenant expressed seemeth to us all one in effect as to beseech Almighty God the God of Love and Peace 1. To take all Love and Peace out of the hearts of Christians and to set the whole Christian world in a combustion 2. To render the Reformed Religion and all Protestants odious to all the world 3. To provoke the Princes of Europe to use more severity towards those of the Reformed Religion if not for their own security to root them quite out of their severall Dominions 4. The tyrannie and yoke of Antichrist if laid upon the necks of Subjects by their lawfull Soveraigns is to be thrown off by Christian boldnes in confessing the Truth and Patient suffering for it not by taking up Arms or violent resistance of the Higher Powers §. VI Some Considerations concerning the meaning of the Covenant OUr aforesaid scruples are much strengthned by these ensuing Considerations First that whereas no Oath which is contradictory to it selfe can be taken without Perjury because the one part of every contradiction must needs be false this Covenant either indeed containeth or at leastwise which to the point of conscience is not much lesse effectuall seemeth to us to contain sundry Contradictions as namely amongst others these 1. To preserve as it is without change and yet to reforme and alter and not to preserve one and the same Reformed Religion 2. Absolutely and without exception to preserve and yet upon supposition to extirpate the self-same thing viz. the present Religion of the Church of Scotland 3. To reform Church-Government established in England and Ireland according to the Word of God and yet to extirpate that Government which we are perswaded to be according thereunto for the introducing of another whereof we are not so perswaded 4. To endeavour really the extirpation of Heresies Schismes and Profanenesse and yet withall to extirpate that Government in the Church the want of the due exercise whereof we conceive to have been one chief cause of the growth of the said evils and doe beleeve the restoring and continuance thereof would be the most proper and effectuall remedy 5. To preserve with our estates and lives the liberties of the Kingdome that is as in the Protestation is explained of the Subject and yet contrary to these liberties to submit to the imposition of this Covenant and of the Negative Oath not yet established by Law and to put our lives and estates under the arbitrary power of such as may take away both from us when they please not onely without but even against Law if they shall judge it convenient so to doe Secondly we find in the Covenant sundry expressions of dark or doubtfull construction Whereunto we cannot sweare in judgement till their sense be cleared and agreed upon As Who are the Common Enemies and which be the best Reformed Churches mentioned
in the first Article Who in the fourth Article are to be accounted Malignants How far that phrase of hindring Reformation may be extended What is meant by the supreme Judicatory of both Kingdomes and sundry other Thirdly by the use that hath been made of this Covenant sometimes to purposes of dangerous consequence we are brought into some fears and jealousies lest by taking the same we should cast our selves into more snares then we are yet aware of For in the first Article 1. Whereas we are to endeavour the Reformation of Religion in this Kingdome in Doctrine Worship Discipline and Government according to the Word of God and the example of the best Reformed Churches 1. The Reformation in Worship whereby we could not suppose any more was intended according to their former a Declaration then a review of the Service-book that the translations might be in some places amended some alterations made in the Offices and Rubricks or at most some of the Ceremonies laid aside for the reasons of expediency and condescension hath produced an utter abolition of the whole form established without substituting any other certain form in the room thereof 2. The Reformation in point of Discipline and Government intended so far as by the overtures hitherto made we are able to judge is such as we conceive not to be according to the Word of God nor for any thing we know according to the example of any Church that ever was in the world best or worst since the Creation 2. In the second Article our griefe and fears had been lesse if we could have observed the extirpation of Popery Heresie Schisme and Profanenesse to have been as really intended and set on with as much speed and animosity as the extirpation of Prelacy and that which some call Superstition But when we see under the notions of rooting out Prelacy and Superstition so much quicknesse used to fetch in the Revenues of the Church and the sacred Utensils no otherwise guilty of Superstition for ought we know then that they are worth something and on the other side so little yet done toward the extirpation of Heresie Schisme and Profanenesse as things of lesse temporall advantage We cannot dissemble our suspicion that the designers of this Covenant might have something else before their eyes besides what in the begining of the Introduction is expressed and that there is something meant in this Article that looketh so like Sacrilege that we are afraid to venture thereon 3. In the third Article 1. Although we should not otherwise have apprehended any matter of danger or moment in the ordering of the particulars in the Article mentioned yet since M. Challoner in his Speech and others have made advantage thereof to infer from that very order that the defence of the Kings Person and Authority ought to be with subordination to the preservation of the Rights and Privileges of Parliaments and the Liberties of the Kingdome which are in the first place and before it to be endeavoured We hope we shall be excused if we dare not take the Covenant in this sense especially considering that if the Argument be of any force it will bind us at least as strongly to endeavour the maintenance of the Kings Person Honour and Estate in the first place and the rest but subordinately thereunto because they are so ordered in the Protestation And then that Protestation having the advantage of preceding it will bind us more strongly as being the first obligation 2. Whereas some have been the rather induced to take the Covenant in this particular by being told that that limitation in the preservation and defence of the true Religion and Liberties of the Kingdomes was not to be understood exclusively yet when we finde that the House of Commons in their answer to the Scottish Papers doe d often presse that limitation as without which the endeavouring to preserve the Kings Majesties Person and Authority ought not to be mentioned it cannot but deter us from taking the Covenant in this particular so understood 3. Especially being told in a late pamphlet that the King not having preserved the Liberties of the Kingdome c. as of duty he ought is thereby become a Tyrant and so ceaseth to be a King and consequently that his subjects cease to be Subjects and owe him no longer subjection Which assertion since we heartily detest as false and scandalous in the supposition and in the inference seditious and divelish we dare not by subscribing this Article seeme to give the least countenance thereunto 4. But it striketh us with horror to think what use hath been made of this fourth Article concerning the punishment of Malignants c. as by others otherwayes so especially by the Corrector of a speech without dores written in the defence of M. Challoners Speech Who is so bold as to tell the Parliament that they are bound by their Covenant for the bringing of evill instruments to condigne punishment to destroy the King and his Posterity and that they cannot justifie the taking away of Straffords and Canterburies lives for Delinquency whilst they suffer the cheif Delinquent to goe unpunished §. VII Of the Salvo's THe Salvo's that we have usually met withall for the avoyding of the aforesaid scruples either concerning the whole Covenant or some particulars therein of speciall importance We find upon examination to be no way satisfactory to our Consciences The first is that we may take the Covenant in our own sense but this in a matter of this nature viz. an imposed promisory Oath in the performance whereof others also are presumed to be concerned seemeth to be 1. Contrary to the Nature and end of an Oath which unlesse it be full of simplicity cannot be Sworn in Truth and Righteousnesse nor serve to the ending of controversies and contradictions which was the use for which it was instituted Heb. 6. 2. Contrary to the end of Speech God having given us the use of Speech for this end that it might be the interpreter of the minde it behoveth us as in all other our dealings and contracts so especially where there is the intervention of an Oath so to speak as that they whom it concerneth may clearly understand our meaning by our words 3. Contrary to the end of the Covenant it self Which being the confirmation of a firm union among the Covenanters that by taking thereof they might have mutuall assurance of mutuall assistance defence If one may be allowed to take it in one sense another in a contrary the Covenanters shall have no more assurance of mutuall assistance each from other after the taking of the Covenant then they had before 4. Contrary to the Solemne profession made by each Covevanter in expresse termes in the conclusion thereof in the presence of Almighty God the searcher of all hearts that he taketh it with a true intention to perform the same as he shall answer it at the great day 2 This will bring
the Argument drawn from the Analogie of other Courts wherein the Kings Power is alwayes supposed to be virtually present under submission we conceive it is of no consequence 1. The Arguments à minore and ȧ majore are subject to many fallacies and unlesse there be a parity of reason in every requisite respect between the things compared will not hold good A Pety Constable they say may doe something which a Justice of Peace cannot doe And the Steward of a pety Mannour hath power to adminster an Oath which as we are told the House of Commons it self hath no power to doe 2. That the high Court of Parliament is the supream Judicatory we have been told it is by vertue of the Kings right of presiding there he being g the Supream Judge and the Members of both Houses his Councell Which being so the reason of difference is plaine between that and other Judicatories in sundry respects 1. The Judges in other Courts are deputed by him and doe all in his name and by his authority and therefore the presence of his power in those Courts of ministeriall Jurisdiction is sufficient his personall presence not necessary neither hath he any personall vote therein at all But in the high Court of Parliament where the King himself is the Supreme Judge judging in his own name and by his own authority his Power cannot be presumed to be really present without either the actuall presence of his person or some virtuall representation thereof signified under his great Seal 2. The Judges in inferiour Courts because they are to act all in his name and by his Authority doe therefore take Oathes of fidelity for the right exercising of Judicature in their severall places sitting there not by any proper interest of their owne but only in right of the King whose Judges they are and therefore they are called the Kings Judges and his Ministers But in the high Court of Parliament the Lords and Commons sit there in Councell with the King as Supreme Judge for the good of the whole Realm and therefore they are not called the Kings Judges but the Kings Councell and they have their severall proper rights and interests peculiar and distinct both between themselves from that of the Kings by reason whereof they become distinct h Orders or as of late times they have been stiled in this sense as we conceive i three distinct Estates Each of which being supposed to be the best Conservators of their own proper interest if the power of any one Estate should be presumed to be virtually present in the other two that Estate must needs be in inevitably liable to suffer in the proper Interests thereof Which might quickly prove destructive to the whole Kingdome The safety and prosperity of the whole consisting in the conservation of the just rights and proper interests of the maine parts viz. The King Lords and Commons inviolate and entire 3. The Judges of other Courts for as much as their power is but ministeriall and meerly Judiciall are bounded by the present Lawes and limited also by their owne Acts so as they may neither swerve from the Laws in giving Judgement nor reverse their owne Judgements after they are given But the High Court of Parliament having by reason of the Kings Supreme Power presiding therein a Power Legislative as well as Judiciall are not so limited by any earthly Power but that they may change and over-rule the Lawes and their own Acts at their pleasure The Kings Personall assent therefore is not needfull in those other Courts which are bounded by those Lawes whereunto the King hath already given his personall assent but unto any Act of Power beside beyond above or against the Lawes already established we have been informed and it seems to us very agreeable to reason that the Kings Personall Assent should be absolutely necessary Forasmuch as every such Act is the exercise of a Legislative rather then of a Judiciall power and no Act of Legislative power in any Community by consent of all Nations can be valid unlesse it be confirmed by such person or persons as the Soveraignty of that Community resideth in Which Soveraignty with us so undoubtedly resideth in the person of the King that his ordinary style runneth Our k Soveraign Lord the King And he is in the Oath of Supremacie expresly acknowledged to be the onely Supreme Governour within his Realmes And we leave it to the wisdome of others to consider what misery and mischief might come to the Kingdome if the power of any of these three Estates should be swallowed up by any one or both the other and if then under the name of a Judiciall there should be yee really exercised a Legislative power 4. Since all Judiciall Power is radically and originally in the King who is for that cause styled by the Lawes l The Fountaine of Justice and not in any other Person or Persons but by derivation from him it seemeth to us evident that neither the Judges of inferiour Courts of ministeriall Justice nor the Lords and Commons assembled in the High Court of Parliament may of right exercise any other power over the Subjects of this Realm then such as by their respective Patents and Writs issued from the King or by the known established Laws of the Land formerly assented unto by the Kings of this Realm doth appear to have been from him derived unto them Which Lawes Patents and Writs being the exact boundary of their severall Powers it hath not yet been made appeare to our understandings either from the Lawes of the Realme or from the tenour of those Writs by which the Parliament is called that the two Houses of Parliament have any power without the King to order command or transact but with him m to treat consult and advise concerning the great affairs of the Kingdome In which respect they have sundry times in their Declarations to His Majesty called themselves by the name of His great Councell And those Lawes and Writs are as we conceive the proper Topick from which the just power of the Honourable Houses can be convincingly deduced and not such fraile Collections as the wits of men may raise from seeming Analogies and Proportions VIII Of the Negative Oath WE are not satisfied how we can submit to the taking of the Negative Oath 1. Without forfeiture of that liberty which we have sworne and are bound to preserve With which liberty we conceive it to be inconsistent that any obligation should be laid upon the Subject by an oath not established by Act of Parliament 2 Without abjuring our a naturall Allegiance and violating the Oathes of Supremacy and Allegiance by us formerly taken By all which being bound to our power to assist the King we are by this Negative Oath required to swear from our heart not to assist him 3. Without diminution of His Majesties just Power and greatnesse contrary to the third Article of the
Covenant by acknowledging a power in the two Houses of Parliament in opposition to the Kings Power Whereas we professe our selves unable to understand how there can be any lawfull power exercised within this Realme which is not subordinate to the power of the King §. IX Of the Ordinances concâ—rning the Discipline and Directory FIrst concerning them all together we are not satisfied how we can submit to such Ordinances of the two Houses of Parliament not having the Royall Assent 1. As are contrary to the established Lawes of this Realm contained in such Acts of Parliament as were made by the joynt consent of King Lords and Commons 2. Nor so onely but also pretend by repeal to abrogate such Act or Acts For since Ejusdem est potestatiâ— destruere cujus est constituere it will not sink with us that a lesser power can have a just right to cancell and annull the Act of a greater 3. Especially the whole power of ordering all matters Ecclesiasticall being by the Lawes in expresse words for ever annexed to the Imperiall Crown of this Realm And upon what head that Crown ought to stand none can be ignorant As to the particular Ordinances those that concern the Discipline first 1. If under that title be comprehended the Government also we cannot submit thereunto without consenting to the eradication of a Government of reverend Antiquity in the Church Which notwithstanding the severall changes of Religion within this Realm hath yet from time to time been continued and confirmed â—y the Puâ—lique Laws and Great Charters of the Kingdome then which there cannot be a more ample testimony that it was ever held agreeable to the Civill Government and the Suâ—jects liberty Which also the successive Kings of this Realme at their severall Coronations have solemnly sworn to preserve And the continuance whereof for sundry reasons before upon the second Article of the Covenant specified we heartily wish and desire 2. But if the word Discipline be taken as it is in the first Article of the Covenant as contradistinguished unto the Government there is something even in that also wherein we are not fully satisfied viz. the leaving of so much power in so many persons and those many of them of meane quality for the keeping back of thousands of well-meaning Christians from the benefit and comfort of the blessed Sacrament An Austerity for which there appeareth not to us any probable warrant from the Word of God Bâ—â— which seemeth rather repugnant as to the generall principles of Christian prudence and charity so to the directions and practice of S. Paul in particular who in a Church abounding with sundry errors and corruptions both in faith and manners having first given order for the excommunicating of one onely person that by shamelesse continuance in a notorious sinne had brought a foule scandall upon the Gospell sufficing himself then with a generall proposall of the great danger of unworthy communicating remitteth every other particular person to a selfe-examination without any order either to Ministers or Lay-Elders to exclude any from the holy Communion upon their Examination As to the Ordinance concerning the Directory in particular we cannot without regret of Conscience during our present judgement and the continuance of the present Lawes consent to the taking away of the Book of Common-Prayer 1. Which by our Subscriptions most of us have approved with a solemne promise therewithall in the publique Service to use the forme prescribed therein and no other 2. Which according to our said Subscription and Promise and our bounden duty according to the Statute in that case provided we have hitherto used in our Churches Chappels and other Oratories to the great benefit and comfort of our soules 3. Which we verily beleeve not to contain any thing which with such favourable construction as of right ought to be allowed to all manner of Writings is not justly defensible which hath not been by learned and godly men sufficiently maintained against such exceptions as haue been heretofore taken thereat and which we are not confident by the Assistance of Almighty God we shall be able to justifiâ— as occasion shall be offered against all Papists and other oppugners or depravers thereof whatsoever 4. Which is established by an Act of Parliament made in peaceable times by as good and full authority as any under heaven can have over us Which doth so weigh with us that as it freeth us from the necessity of giving in any particular exceptions against the Directory or any thing therein contained so it layeth an inevitable necessity upon us of continuing the forme of Prayer therein enjoyned of not admitting any Directory or other forme to the prejudice thereof till the said Act shall by the like good and full authority be repealed In which Statute there is not onely an expresse Command given to all Ministers for the using of the same but there are also sanctions of severe punishments to be inflicted upon such of them as shall refuse so to doe or shall preach declare or speak any thing to the derogation or depraving of the Book of Common Prayer or of any thing therein contained or of any part thereof with punishments also to be inflicted upon every other person whatsoever the Lords of the Parliament not excepted that shall in like manner declare or speak against the said Book or shall by deed or threatning compell or otherwise procure or maintain any Minister to say open Prayer or to minister any Sacrament in any other manner or forme then is mentioned in the said Book or shall interrupt or hinder any Minister in the use of the said formes as by the words of the said Statute more at large may appeare Which Statute also hath had such an universall powerfull influence into the succeeding times that in all such * Statutes as have been since made against Popish Recusants the refusing to be present at Common-Prayer or to receive the Sacrament according to the formes and rites mentioned in that Book is expressed as the most proper legall character whereby to distinguish a Popish Recusant from a true Protestant In so much that use hath been made of that very Character in sundry Acts since the beginning of this present Parliament for the taxing of double payments upon Recusants THus have we clearly and freely represented our present judgement concerning the said Covenant Negative Oath and Ordinances which upon better information in any particular we shall be ready to rectifie Onely we desire it may be considered that if any one single scruple or reason in any the premisses remaine unsatisfied though we should receive full satisfaction in all the rest the Conscience would also remain still unsatisfied And in that case it can neither be reasonable for them that cannot satisfie us to presse us nor lawfull for us that cannot be satisfied to submit to the said Covenant Oath and Ordinances QUINTIL Quis damnaverit eum qui duabus