Selected quad for the lemma: religion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
religion_n	law_n	liberty_n	parliament_n	4,902	5	6.1958	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52748	The case of the Common-wealth of England stated, or, The equity, utility, and necessity of a submission to the present government cleared out of monuments both sacred and civill, against all the scruples and pretences of the opposite parties, viz. royallists, Scots, Presbyterians, Levellers : wherein is discovered severally the vanity of their designes, together with the improbability of their successe and inconveniences which must follow (should either of them take effect) to the extreme prejudice of the nation : two parts : with a discourse of the excellencie of a free-state above a kingly-government / by Marchamont Nedham, Gent.	Nedham, Marchamont, 1620-1678.	1650 (1650)	Wing N377; ESTC R36610	87,941	112

such an Alarm to the Bishops that they to crosse the Designe fell foule upon all of the Opinion here in England and not onely so but pressed the King to establish an Episcopall Vniformity in both Kingdoms even in Scotland as well as England The forcing of this upon the Scots was a Cause of the Commotions in that Kingdom whereupon a war ensued betwixt the King and Them through the instigation of the Bishops which was soon ended to the Advantage of the Scots in Money and Credit and to the dishonor of the King and the Episcopall Party This happy Successe wrought a very reverend opinion of them in the hearts of the well-affected Party in England who stood for the purity of Religion and a liberty of Conscience against Episcopall power and Innovations as also for the Lawes and Liberties of the Nation invaded by the Prerogative And for redresse of these things the King was necessitated to call a Parliament who not obtaining such Reliefe of Grievances as they expected by reason of a Corrupt Councell of Bishops and others about the King which alienated him from his great Councell the Parliament and afterward caused Him to breake out into a warre against Them were constrained likewise to take Armes in defence of our Liberties Hereupon recourse was had to the Scots for their assistance who having the same Enemies at Court and being equally involved in the same common Danger it was supposed they were concerned in Reason to joyn with the Parliament without any Dispute or Scruple But They considering now was the Time to make their Markets if ever and their owne interest as much English as might be came not off so roundly as was hoped but fell to bartering like Hucksters and no Bargaine would be forsooth without a Covenant They would not joyn except They might be in a manner all one with us and this Vnion must be sealed with that solemn League and Covenant What their meaning was therein we shall know by and by by taking a view of their Actions ever since which are the most sure Interpreters Yet even at that time some men had their eyes in their heads and many Objections were made at divers Expressions in the Covenant and many Desires for explanation of some Articles more fully But the Scots standing stiffe upon their owne Terms and no Conjunction like to be obtained without the Covenant and the necessity of the Parliaments Affairs admitting no delay we were glad to take it as it was offered without further question or Demurrer It was no sooner taken here at London but immediately every one began to make his Advantage through the multitude and ambiguity of Expressions and by it to promote his severall Interest as if it had been made to engage unto a particular Party not to unite two Nations in a common Interest But above all the Scots having had the honor of this Invention conceived themselves much injured by any that denyed them the Prerogative of making an Interpretation and in matter of Religion urged their owne Discipline as the only Patern to Reform the Church by and their Plea had been fair enough out of the Covenant could they have proved it to be according to the word of God which Clause was most luckily inserted Notwithstanding all the Reasons to the Contrary the Scotish Module was still pressed The Scot was willing to ride and having as he thought the English-man fast bridled with a Covenant he began to switch and spur The Throne of the Kirke was the Stalking-horse to catch geese and if that could have been setled then there had been no denying Them whatsoever they would ask They would have seated themselves surely in this fat Soile There would have been no removing them out of our Councels whereof the necessity of our Affaires had made them Members and Partakers For had the Kirk-Interest been once confirmed among us then by vertue of that Authority which they use to controll the Civill power the Parliament must have been subservient to all their ends And since it would have concerned the English Clergy to make their Party strong and maintein Correspondencies for their owne preservation to have gratified their Scotish Founders in all their Desires the Scots might easily have translated the Covenant-union to as good as an absolute Nationall union by gaining a Joynt-Interest with us in our Affairs for ever and consequently in all the Profits great Offices Councels and Concernments of this Nation Now whether this were their Designe or not in the Covenant ab origine I shall not determine but let it be judged by their insolent behaviour here among us after they were admitted to our Counsells and therefore in the next place I shall examine their Proceedings which most evidently represent them in their Intentions It sufficed them not after they were come in that they had an equall Power with us in publique Affairs in the Committee of both Kingdoms at Derby-house which was willingly allowed them for a time so far as concerned the Common cause of both Nations in prosecuting the war but driving a Powerfull Party in both Houses They tooke upon them to meddle with matters relating to the future Peace and Settlement of this Nation distinct from their owne and to provide for an equall Interest with us therein The first most notable Evidence of this though there had been many before was discovered at the Vxbridge-Treaty where Propositions of both Houses for Peace being presented to the King it was found the Scots had so far Provided for Themselves by their Party in the Houses That in time to come the ordering of the English Militia the Power of making War and Peace and all other Prerogatives of Government were to be administred by a proportionable number of Scots as well as English A thing so ridiculous and an Encroachment so palpable that the King Himself in one of His Answers took notice of it and said He was not so much an Enemy to the English Nation as to signe those Propositions or somewhat I am sure to this Purpose A second evidence or discovery of their Encroachments was made upon their delivering in divers Papers to the Parliament at severall times wherein they disputed their Claim and ventured their Logick upon the Letter of the Covenant to prove an Interest in disposall of matters meerly relating to our welfare which they re-inforced afterwards with new Recruits of Argument when the King came into their Army But not knowing well how to maintaine their Arguments They were contented for that time to quit Them and their King too upon such Terms as are notorious to all the world who being at length reduced under the Power of the Parliament and Army Propositions of Peace were sent to him at Hampton-Court wherein no such Provision being made for the Scotish Interest as was in those at Vxbridge their Commissioners here protested against them accused the Parliament of Breach of Covenant and complained highly in one of their

within its self it cannot because say they it seems unreasonable that a Nation should challenge a Conquest over it self Answ To this I answer that warlick Acquisitions hold as good in civill Divisions within the same Nation as in war betwixt Nation and Nation For where a Nation is ingaged in a Civill war and divided into parties the eye of the Law of Nations looks not on them as one Nation but as two according to that of Grotius In Regno diviso gens una pro tempore quasi duae gentes habentur In a divided State one Nation during the time of its Nationall Divisions is esteemed as two Nations so that what preeminence Nation may gaine over Nation by right of forein war the same may be obtained likewise by one part of a Nation against the other by Right of civill war And what the forein Conqueror may doe in changing the Government abolishing old Laws and establishing new the same may be done also by the Civill Victor for his own security Thus by all the Premises it is undeniably evident in a way of application That the present prevailing Party in England have a Right and just Title to be our Governours and that this new Government erected by them to the subversion of the old is as valid de Jure as if it had the ratifying Consent of the whole Body of the People Nor can they in any sence be counted Usurpers as is most irrationally intimated by the slight Exercitator CHAP. V. That the Oath of Allegiance and Covenant are no justifiable grounds to raise a new War in or against the Common-wealth of England HAving in the former Chapters cleared the Right and equity of the present Government in point of Title from the slanderous Character of Vsurpation I shall in the next place descend to examine the vain Phansees of such as refuse a Submission thereto upon pretence of Conscience in regard of former Obligations These people are represented unto us under the ordinary Notions of Royalists and Presbyterians the the former pleading the Oath of Allegiance the later the solemn League and Covenant as a Ground for their Refusall As for the Oath of Allegiance In a word Allegiance is but a politicall Tie for politick ends grounded upon politicall Considerations and therefore being politically determined when those Considerations are altered by new Circumstances be it in relation to Caesar or the Senate the old Allegeance is extinct and must give place to a new The same description may serve likewise for the Covenant For even that part of it which relates most to Religion will be found wrap't up altogether in matters of Discipline and Church-politie to serve politick ends and Interests if the Actions of our English and Scot●ch Presbyters may be admitted as a Comment upon the Text I grant both those Oaths are Religious Acts as they are solemnized with the Invocation of God as a Witnesse but as all Actions are qualified from their principall End so the maine end of those Oaths being Obedience to the Prince in order to the good of the Publique they are of a politicall Nature and when such an alteration of Affairs shall happen as extinguishes his Title I conceive we are not obliged in this Case to pay him that Submission which by Oath we promised but ought rather to swear a new one to those that succeed him in the Government For in promissory State-Oaths as these two are it is granted by all that there lurk severall tacit Conditions inseparable from the nature of all Oaths and Engagements and which are as it were the life and soul of the Obligation These tacit Conditions or as Dr. Sanderson calls them Suppositions are set downe by divers Authors which I shall orderly apply to the matter in Question One tacit Condition annexed to every Oath is That the words of it be duly interpreted in a fair and equitable construction not wresting it out of hatred or affection to any Party This Condition hath been but ill observed by the Scots and others in relation to their Covenant who will not admit any construction but what may serve to advance their own owne Designes and heap hatred upon others witness their pleading for it in an absolute sence or their own sence when as the principall parts of it are limited by expresse Conditions viz. that part which concerns the maintenance of the King and the Priviledges of Parliament is circumscribed with this Clause In or no otherwise than in order to the preservation of Religion and Liberty And the other which relates to Religion is as to manner of Reformation qualified with another Clause viz. According to the word of God so that the old statu quo of King and Parliament was sworn to in a sence but secondary and subordinate to shew that the usuall Priviledges of both might be quitted if they proved inconsistent with Religion and Liberty as also that any Reformation might be exploded to make way for one more consonant to the word And certainly if the present Presbyterian Whips●ers knew any other way more probable to advance their Kirk Dominion than by making a pretended Plea for Prerogative a Stalking-horse to the Design I believe both King and Lords had been left long since to God's blessing and the warne Sun as they say in despair of any Comfort from the Kirk's Benediction It seems now to me likewise That they added this Clause according to the word not out of any love to a reall Reforming but onely that they might have a Plea for the pulling down of Episcopacy to introduce another Form more suitable to their own ambitious ends since that Form that they contend for is as little consonant to the word as the other because they take little thence besides the bare name of Presbyterie to patch up a Reformation These things the world must needs believe of them till they lay aside their Self-designings and admit of an equitable interpretation of the Covenant in the limitations expressed or according to that * Latitudo prudentialis the prudential latitude spoken of by Dr. Sanderson which ought to be considered in all Oaths when the Sence and meaning of them is in question For as we ought by all means to beware that we give not our selves too great a liberty of Interpretation to the end that we may shake off the obligation of an Oath so none ought to fasten such a sence upon an Oath or any part of it for their own profit or commodity which any other pious and prudent man indifferent and un-interested in the businesse would not collect and conclude out of the words of the Oath Moreover if we did grant the Scots their own Interpretation yet it can be of small Consequence to their ends since the Covenant it self is extinct by reason of the Breach first made by themselves Let Grotius determin this truth who lib. 2. cap. 15. saith Si pars una Foedus violaverit poterit altera