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A62025 Reasons of the present judgement of the Vniversity of Oxford concerning The Solemne League and Covenant, The Negative Oath, The Ordinances concerning discipline and vvorship : approved by generall consent in a full convocation, 1, Jun. 1647, and presented to consideration.; Judicium Universitatis Oxoniensis. English Sanderson, Robert, 1587-1663.; Zouch, Richard, 1590-1661.; Langbaine, Gerard, 1609-1658.; University of Oxford. 1647 (1647) Wing S624; ESTC R183228 29,783 44

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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 clearnesse 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 Ius 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 prosecuon 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 as to 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
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 concerning 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 abrogat such Act or Acts. For since Ejusdem est potestatis 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 by the Publique 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 Subjects 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 with 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 World of God But 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 Chapples 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 justifie 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 contunuing 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 potentissimis rebus
REASONS Of the present judgement of the Vniversity of OXFORD CONCERNING The Solemne League and Covenant The Negative Oath The Ordinances concerning Discipline and VVorship Approved by generall consent in a full Convocation 1. Iun. 1647. AND Presented to Consideration Printed in the Yeare 1647. A Solemn League and Covenant for Reformation and defence of Religion the honour and happinesse of the King and the Peace and Safety of the three Kingdomes England Scotland and Ireland WE Noblemen Barons Knights Gentlemen Citizens Burgesses Ministers of the Gospell and Commons of all sorts in the Kingdoms of England Scotland and Ireland by the Providence of God living under one King and being of one Reformed Religion having before our eyes the glory of God and the advancement of the Kingdome of our Lord and Saviour Iesus Christ the honour and happinesse of the Kings Majestie and His Posterity and the true publick Lybertie Safetie and Peace of the Kingdoms wherein every ones private condition is included and calling to mind the treacherous and bloudy plots Conspiracies Attempts and practices of the Enemies of God against the true Religion and Professors thereof in all places especially in these three Kingdomes ever since the Reformation of Religion and how much their rage power and presumption are of late and at this time increased and exercised whereof the deplorable estate of the Church and Kingdom of Ireland the distressed estate of the Church and Kingdome of England and the dangerous estate of the Church and Kingdome of Scotland are present and publick Testimonies We have now at last after other meanes of supplication Remonstrance Protestations and Sufferings for the preservation of our selves and our Religion from utter ruine and destruction according to the commendable practice of these Kingdomes in former times and the Example of Gods People in other Nations after mature deliberation resolved and determined to enter into a mutuall and solemne League and Covenant wherein we all subscribe and each one of us for himselfe with our hands lifted up to the most High God do swear I. THat we shall sincerely really and constantly through the Grace of God endeavour in our severall places and callings the preservation of the Reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government against our common Enemies The Reformation of Religion in the Kingdoms of England and Ireland in Doctrine Worship Discipline and Government according to the Word of God and the example of the best reformed Churches And shall endeavour to bring the Churches of God in the three Kingdomes to the nearest conjunction and uniformity in Religion Confession of Faith Form of Church Government Directory for Worship and Catechizing That we and our posterity after us may as Brethren live in Faith and Love and the Lord may delight to dwell in the midst of us II. That we shall in like manner without respect of persons endeavour the extirpation of Popery Prelacy that is Church Government by Archbishops Bishops their Chancellours and Commissaries Deans Deans and Chapters Archdeacons and all other Ecclesiasticall Officers depending on that Hierarchy Superstition Heresie Schisme Profanenesse and whatsoever shall be found to be contrary to sound Doctrine and the power of Godlinesse lest we partake in other mens sinnes and thereby be in danger to receive of their plagues and that the Lord may be one and his Name one in the three Kingdomes III. We shall with the same sincerity reallity and constancy in our severall Vocations endeavour with our estates and lives mutually to preserve the Rights and Privileges of the Parliaments and the Liberties of the Kingdomes and to preserve and defend the Kings Majesties person and authority in the preservation and defence of the true Religion and Liberties of the Kingdomes that the world may bear witnesse with our consciences of our Loyaltie and that we have no thoughts or intentions to diminish His Majesties just power and greatness IIII. We shall also with all faithfullnesse endeavour the discovery of all such as have been or shall be Incendiaries Malignants or evill Instruments by hindring the Reformation of Religion dividing the King from his people or one of the Kingdomes from another or making any faction or parties amongst the people contrary to this League and Covenant that they may be brought to publick triall and receive condigne punishment as the degree of their offences shall require or deserve or the supream Judicatories of both Kingdomes respectively or others having power from them for that effect shall judge convenient V. And whereas the happinesse of a blessed Peace between these Kingdomes denied in former times to our progenitours is by the good providence of God granted unto us and hath been lately concluded and setled by both Parliaments we shall each one of us according to our place and interest endeavour that they may remain conjoyned in a firm Peace and Union to all posterity And that Justice may be done upon the wilfull opposers thereof in manner expressed in the precedent Articles VI We shall also according to our places and callings in this common cause of Religion Liberty and Peace of the Kingdomes assist and defend all those that enter into this League and Covenant in the maintaining and pursuing thereof and shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terrour to be divided and withdrawn from this bles●ed Union and Conjunction whether to make defection to the contrary part or to give our selves to a detestable indifferencie or neutrality in this cause which so much concerneth the glory of God the good of the Kingdoms and the honour of the King but shall all the dayes of our lives zealously and constantly continue therein against all opposition promote the same according to our power against all lets and impediments whatsoever and what we are not able our selves to suppress or overcome we shall reveal make known that it may be timely prevented or removed All which we shall do as in the sight of God And because these Kingdoms are guilty of many sinnes and provocations against God and his Son Iesus Christ as is too manifest by our present distresses and dangers the fruits thereof We professe and declare before God and the world our unfained desire to be humbled for our owne sins and for the sins of these Kingdoms especially that we have not as we ought valued the inestimable benefit of the Gospel that we have not laboured for the puritie and power thereof and that we have not endeavoured to receive Christ in our hearts nor to walke worthy of him in our lives which are the causes of other sinnes and transgressions so much abounding amongst us And our true and unfained purpose desire and endeavour for our selves and all others under our power and charge both in publick and in private in all duties we owe to God and man to amend our lives and each one to goe before another in the example of a reall
to endeavour the extirpation of the Church-Government by Law established without forfeiture of those Obligations 1. Having in the Oath of Supremacie acknowledged the King to be the onely Supreme Governour in all Ecclesiasticall Causes and over all Ecclesiasticall Persons and having bound our selves both in that Oath and by our Protestation To maintain the Kings Honour Estate Iurisdictions and all manner of Rights it is cleare to our understandings that we cannot without disloyalty and injury to Him and double Perjury to our selves take upon us without his consent to make any alteration in the Ecclesiasticall Lawes or Government much lesse to endeavour the extirpation thereof Unlesse the imposers of this Covenant had a power and meaning which they have openly d disclaimed to absolve us of that Obedience which under God we owe unto His Majesty whom they know to be intrusted with the Ecclesiasticall Law 2. We cannot sincerely and really endeavour the extirpation of this Government without a sincere desire and reall endeavour that His Majesty would grant His Royall Assent to such extirpation Which we are so far from desiring and endeavouring that we hold it our bounden duty by our daily prayers to beg at the hands of Almighty God that he would not for our sins suffer the King to doe an act so prejudiciall to his honour and conscience as to consent to the rooting out of that estate which by so many branches of his e Coronation Oath he hath in such a solemne manner sworn by the assistance of God to his power to maintain and preserve 3. By the Lawes of this Land f the Collation of Bishopricks and g Deanries the h fruits and profits of their Lands and Revenues during their vacancies the i first fruits and yearly tenths out of all Ecclesiasticall Promotions and sundry other Privileges Profits and Emoluments arising out of the State Ecclesiasticall are established in the Crown and are a considerable part of the Revenues thereof which by the extirpation of Prelacy as it is in the Article expounded or by subsequent practice evidenced will be severed and cut off from the Crown to the great prejudice and damage thereof Whereunto as we ought not in common reason and in order to our Allegiance as Subjects yeeld our consent so having sworn expresly to maintain the Kings honour and estate and to our power to assist and defend all Jurisdictions c. belonging to His Highnesse or united and annexed to the Imperiall Crown of the Realm we cannot without manifest Perjury as we conceive consent thereunto 4. The Government of this Realm being confessedly an Empire or k Monarchy and that of a most excellent temper and constitution we understand not how it can become us to desire or endeavour the extirpation of that Government in the Church which we conceive to be incomparably of all other the most agreeable and no way prejudiciall to the state of so well a constituted Monarchy In so much as King JAMES would often say what his long experience had taught him No Bishop no King Which Aphorisme though we find in sundry Pamphlets of late yeares to have been exploded with much confidence and scorn yet we must professe to have met with very little in the proceedings of the late times to weaken our belief of it And we hope we shall be the lesse blamed for our unwillingnesse to have any actuall concurrence in the extirpating of Episcopall Government seeing of such extirpation there is no other use imaginable but either the alienation of their Revenues and Inheritances which how it can be severed from Sacrilege and Injustice we leave others to find out or to make way for the introducing of some other form of Church-Government which whatsoever it shall be will as we think prove either destructive of and inconsistent with Monarchicall Government or at least-wise more prejudiciall to the peaceable orderly and effectuall exercise thereof then a well-regulated Episcopacy can possibly be §. V. Of the other parts of the Covenant HAving insisted the more upon the two first Articles that concern Religion and the Church and wherein our selves have a more proper concernment We shall need to insist the lesse upon those that follow contenting our selves with a few the most obvious of those many great and as we conceive just exceptions that lye there against In the third Article we are not satisfied that our endeavour to preserve and defend the Kings Majesties Person and Authority is so limited as there it is by that addition In the Preservation and defence of the true Religion and Libertyes of the Kingdome Forasmuch as 1. No such limitation of our duty in that behalf is to be found either in the Oathes of Supremacy and Alleagiance which no Papist would refuse to take with such a limitation nor in the Protestation nor in the Word of God 2. Our endeavour to preserve the Rights and Privileges of Parliaments and the Libertyes of the Kingdome is required to be sworn of us in the same Article without the like or any other limitation added thereunto 3. Such limitation leaveth the duty of the Subject at so much loosenesse and the safety of the King at so great uncertainty that whensoever the People shall have a mind to withdraw their obedience they cannot want a pretence from the same for so doing 4. After we should by the very last thing we did viz. swearing with such a limitation have made our selves guilty of an actuall and reall diminution as we conceive of His Majesties just power and greatnesse the obtestation would seem very unseasonable at the least with the same breath to call the world to bear witnesse with our Consciences that we had no thoughts or intentions to diminish the same 5. The swearing with such a limitation is a Testimony of the Subjects Loyaltie to our seeming of a very strange nature which the Principles of their severall Religions salved the Conscience of a most resolure Papist or Sectary may securely swallow and the Conscience of a good Protestant cannot but strein at In the fourth Article 1. We desire it may be considered whether the imposing of the Covenant in this Article do not lay a necessity upon the Son of accusing his own Father and pursuing him to destruction in case he should be an Incendiary Malignant or other evill Instrument such as in the Article is described A course which we conceive to be contrary to Religion Nature and Humanity 2. Whether the swearing according to this Article doth not rather open a ready way to Children that are sick of the Father Husbands that are weary of their Wives c. by appealing such as stand between them and their desires of Malignancy the better to effectuate their unlawfull intentions and designes 3. Our selves having solemnly protested to maintain the Liberty of the Subject and the House of Commons having publiquely declared against the exercise of an Arbitrary Power with Order that their said Declaration
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 Iudicatory 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 Kingdomes which are in the first place c 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 Conscience 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 a scandall