The Grand CASE OF CONSCIENCE STATED , about Submission to the new and present Power .

OR , An impassio●…te ANSWER to a modest BOOK concerning the lawfullnesse of submitting to the present Government .

By one that professeth himself a friend to Presbytery , a lover and embracer of Truth wheresoever he find's it .

ALthough I love not contention , yet I desire satisfaction : that whilst ●… live a midst a tumultuous generation , and unquiet times , I may be delivered from a troubled spirit and discalm'd minde ; A wounded spirit who can bear ? I was willing to have sate down in silence , res●…lving to hav●… kept my conscience , as void of offence to others , so ●…ree from disturbance in it self , ch●…sing rather quietly to suffer for not doing what was commanded , than knowingly to act what is ( at least to me ) ●…lawfull : such a Liberty of Conscience I conceive none will deny me . But since ●…at Book came to mine hands , I ( although unwillingly ) undertook this task , not only out of an earnest desire I had to finde out truth , but for the unusuall modesty of the Tract it s●…lf , knowing that the fowlest corn is best winnowed in a gentle gale ; a tempestuous winde blowes away ch●…ffe and corn too .

I shall take a brief view of the book , and submit what I shall speak to the Authours judgement , A Declaration hath been lately published , &c. Indeed there was such a Declaration published , which I desired with much earnestnesse , and read with some d●…ration , expecting to have found the very quintessence of reason , and stre●…gt of argument , whereby judicious men might have been wholly convinced ▪ and abundantly satisfied ; but my s●…ruples were not answered by it . For suppose that had been proved , which was there much argued , That the government of a free State were in some respects more convenient than that of Monarchy ; that might have been a prevalent argument to an irregulated people , who were ( de novo ) to constitute a Government , not to those , who had before an antient form suited to the people , established by Law , confirmed by Oath , and engaged to by the severall Declarations of them who are so sollicitous for the altering of it . Surely if convenience or inconvenience only can break a promise , and disingage an Oath , David was much mistaken in the 15th Psalm , and others may be easily cheated , who expect ready performance of , not needlesse disputing about Oaths , in wh●… 〈◊〉 stand bound to them . What is there said concerning Declarations [ That the Lords and Commons were of that minde when they made them ] may serve their turns for the present , but would equally serve others turns for the future ; For by the same reason , when those that penned and published that Declaration , shall borrow money of men , and declare to pay them , imploy Souldiers with an engagement to satisfie them , people may suspect that their mindes may alter , and then ( by this rule ) their former Declarations will be of no strength .

What is further spoken in the Preface for a lawfull obedience to an unlawfull change of Government , will be touched on in the further prosecution of this discourse . It is said [ The Apostle commands obedience to higher powers , Rom. 13. and thence it is inferred , that he speaks not in that place meerly of power or authority abstracted from persons , but of persons cloathed with that authority . ] The Apostle speaks there directly of Authority , of men only in subordination to that Authority ; no further than as the executioners of that power , because it is impossible Authority should be exercised , but where men are to manage it . The Apostle in that place requires submission to legall Authority , by whomsoever executed , not to any men commanding by an illegall power .

Higher powers are there expressed indefinitely , not pointing at any particular government : In a Monarchy , an Aristocracy , a Democracy , the people under the severall constitutions may , yea must , by the Apostles command obey the higher powers , those who by their legall constitution are in Authority , not in power , over them : there is a law of nature , that will make man obey a power if h●… cannot ●…sist , but the injunction of the Apostle ( there ) is only to lawfull Author●… ▪ 〈◊〉 the Authour of that Book knows , that those only can be the higher powers , or legall Authority of any Kingdom , which the constitution of that Kingdom makes such , and that only can exact obedience according to the Scripture rule . Now what the Higher powers of England are , by the constitution of this Kingdom , is sufficiently known .

The Apostle commands wives to submit to their husbands , Ephes. 5. 22. surely the injunction is for obedience to husbands , quà husbands , not quà men , indeed not abstracted from their persons , because it is impossible the authority of an husband should be submitted to , where a man is not to exercise it : But should a stranger come to anothers wife , and call himself husband ( having before either imprisoned or slain the rightfull husband ) and require submission , I scarce think the Authour himself ( especially if he be married ) would presse for obedience to such an usurped power : such a woman may be forced , and overpowr'd , but to submit to him as an husband , were a sinne .

What is there urged as the great argument to prove the lawfullnesse of obedience to the present Government , hath been my main deswasive ( viz. ) the Apostles command to obey higher powers for conscience sake : Had I been convinced that the King in his person had been the higher powers of England , and that his personall command ●…ad by the Apostles rule exacted undeniable obedience , although he had been visibly ●…ing what we suspected , and palpably introducing what we feared , I should have submitted for conscience sake . The great inducement I had to adhere to the Parliament , was ( besides the hopes of better reformation ) that thorow conviction that lay upon me , both by mine own reason , and Parliamentary practices , that the two Houses of Parliament , in case of the Kings absence , weaknesse or refusall , had in them such a part of the higher powers , and supream authority , as to defend , and preserve the people without , yea against the King , doing , commanding or exacting any thing besides or against the law . And this is that main block , at which I stumble in yeelding obedience to this new power , because I am yet convinced , that they are not the higher powers of our Kingdom , to which the Apostle requires obedience .

I acknowledge a government may be altered ( although I think it not safe , but upon urgent and evident necessity ) to which being altered obedience is required , but it must be done by the higher powers still , whom we ought equally to obey in submitting to an altered , as a continued form ; but for any party by force to lay low the higher powers , and to exact obedience as to the legall Authority , is to me a sinne .

I am not ignorant what pleas there may be from inconvenience in such a doctrine , but according to the light I have , where lawfull or unlawfull are in question , their convenience and inconvenience must keep silence .

It is to be observed what is spoken by the Apostle in the same place , the powers that are , are ordained by God : to which in the second page of the book is a little addition , viz. Rulers and those that were in authority were ordained of God : the Scripture enjoins obedience to powers , to men only as intitled to those powers : the authority was ordained by God , not the Rulers , they were constituted by men , the power may be Gods Ordinance , when the deputing of persons to the exercise of that power may be ( at most ) but Gods permission : nay , that men in Authority ( Rulers in the Apostles expression ) are to be obeyed no further then as acting according to that Authority , is the judgement of one much used by the composer of that book . When a Tyrant shall offer violence to his private Subjects . which they can by no other means avoid , they may defend themselves and theirs against that Tyrant as against a thief ; when are men properly called tyrants , but when they either usurp or exercise a power contrary to the law and usage of those places where they rule ? when a consciencious obedience is required to the Authority , but not to those , who by their own will , or procured force , either usurp or exercise a power besides that Authority .

Should we grant that men assuming to themselves the place and power of Magistrates , by what right or means soever they came by it , must be obeyed , surely it would be the greatest inlet to tyranny in the world , and the speediest means of destroying states that could be invented : for then should none govern in any Kingdome any longer , then their swords and their strength could bear them up .

Thus much I shall yeeld , That when any shall usurp Authority , by whatsoever title or force he procures it , such may be obeyed in reference to their power , while they command lawfull things , but not in reference to Authority : A man being overpower'd may yeeld for his own safety , but to submit to that usurp'd power , as to the legall Authority of that Kingdome where it is , is to assert that as lawfull , which is but usurp'd , and in the Scripture language to make a lie .

From this I shall take a just occasion to speak to those instances there urged , from obedience to whom , the argument is drawn to prove the lawfullnesse of our submission now .

Concerning Claudius Caesar and Nero which are mentioned , pag. 2 , 3. how they came in by force , yet were obeyed by the people , I shall not trouble my self nor the Reader with any taedious search into , or large recitall of the story , but take it as there laid down , and give a brief answer to it .

But before I fall upon a plain answer to what is there fallaciously urged , and shew the insufficiency thereof to prove that for which it is asserted : I conceive there will appear such a disproportion between the quoted instances and our present case , that should we grant all the premises , yet the conclusion would not directly follow to prove the question . The most that can be asserted from those examples is , That people did obey a supream power as exercised by those who had no true ( at least but a dubitable ) title , when the same form of government was still continued , for so it had been for many years before , during the reign of a 4 Emperours , yea , such a government which was the pristine constitution of that place , it being Monarchicall for above b 44●… . years , till Tarquinius , about the businesse of his son with Lucretia , was rejected . Whether party had or pretended most right , and the best ends in their changing of the goverment , either I. Brutus from , or Iulius Caesar to Monarchy , I shall not dis●…ute : nor shall I decide , whether God might not justly give them to see the evill of a change , who ( it may be ) chiefly out of a desire of change , would wholly alter a constituted form . But this is not our case : The insubmission of people now , is not grounded upon a suggested sc●…uple of a dubious title to the same , but upon an apprehended illegality of the new and needlesse establishment of another government : It is one thing , and as in it self more lawfull , so to people lesss scrup●…lous , upon a pretended title to usurp the exercise of an established Authority : another , and as in it self less just , so to people more doubtfull upon pretended apprehensions to eradicate a lawfull Authority , and illegally to lay low those which legally are the higher powers of a Kingdome : In the one , people lesse able to ●…mine titles , submit to the established government of that Kingdom where they are , and this is sufficient to yeeld obedience , that they know not who hath the right : In the other , they must give themseves up to a new-fashioned modell illegall to them , because not the constituted powers of that place , and this is enough to withold Allegiance , that they know such have not ( nor pretend ) a Title .

Now to the instances themselves , to see how farre they prove the lawfullnesse of our submission to a change of government , although the change be beleeved unlawfull .

After the death of Caius Caligula , the Consuls and Senate of Rome entred in●…o a consultatio●… , how they might restore the Common-wealth to her ancint free●…m , I think this argument will take in all that is therein spoken : if the peo●…e of the Roman Empire did submit to the power of Claudius and Nero , who by force were put upon them , then the people of England may lawfully submit to a change of goverument , though beleeved unlawfull : but they did submit , therefore these may , I will finde no fault with the Syllogisme , because it is of mine own making , although it be the very summe of what is urged : what aequivocall terms there are whereby a spirituall eye would quickly see four terms ( at least ) in it . I shall discover in mine answer to the severall propositions .

In the first Proposition , it being hypotheticall , I shall deny the consequence : For 1. A People may possibly do what is not in it self lawfull either for themselves or others to do , a facto ad jus non valet argumentum , had the author proved their submission legall , it had been more urgent . Indeed it is said at the end of that paragraph , We see Rulers put by souldiers into that power which is said by the Scripture to be ordained of God , and even to these Rulers men must be subject for conscience sake . But the Apostle doth not command obedience to these men , but to the powers , nay not to any men , but as commanding according to th●…se powers ( as was said before ) nor is it materiall who put men in , nor what men are put into powers , if they are the powers that are ordained of God : those that command according to that Authority , must be obeyed : and whatsoever the souldiery of Rome did , had the souldiery of England ( in this tacitely pleaded for ) observed that doctrine before , we had not been ( I think ) disputing this question now . But 2. What might be lawfull for the people in the Roman Empire , may not be lawfull for the people of this Kingdome : I finde not in any History that ever they were sworn to a particular government as we have been : Things in themselves indifferent are made necessary , when by an oath engaged to . But of that more afterward .

To the Minor proposition , I shall say 1. That those mentioned had ( at least seeming ) titles to the Empire . Indeed it is agreed by all Historians I have met withall , that they were first encouraged by souldiers : but what iniquity is in that , if they might pretend a Title ? The very end of power and strength is or should be to conserve and recover just right , we have alwaies acknowledged it lawfull and expedient by force of Arms to acquire a rightfull possession illegally detained ; But I could wish that this story had been printed and read by the sword-men in this kingdome five moneths agoe , that they might but have thought whether it had been greater honour to be recorded as men , that should guard a King of a doubtfull title to the Crown , or to be storied as men that should bring a King of an indubitable right to the Scaffold .

I will not here dispute by what title , or according to what law Iulius Caesar , not yet his successour Octavius assumed the Empire , but when that government and those governours were received , and acknowledged by the Senate , it became lawfull to that people . Although Conquest be no true Title , nor durable tenure any longer then strength can keep it , yet compact upon that Conquest , gives a title to the Conquerour , and engageth submission from the other party to those rules resolved on at , or given out according to that agreement .

Tiberius from whom indeed both Claudius and Nero had their government , did not only for a great part of his time , do all he did by the advise of the Senate , but would ( at least seemingly ) be chosen by the Senate , as not contented secretly t●… step into a government either by the earnest engagement of his mother , or by the fond adoption of Augustus , but would have the c●…ll and election of the Common-wealth too : now here surely was a lawfull title , if the consent of the people could make it lawfull , although ( it may be ) not in it's first acquisition , yet in it 's after establishment : and Claudius deriving his title from him , why should not people obey it ? yea , me thinks the Authour of that book intimates a title that Claudius had , where he saith , pag. 3. Claudius being frighted with the news of Caligula's death , and fearing himself might be enquired for , upon suspicion withdrew : had not he been the heir apparent to the Empire , what ground of fear , or what cause of withdrawing ? nay , if he had not been looked on as the rightfull successour , why should the souldier primo intuitu salute him by the name of Emperour ?

For Nero he descended in a direct line on the mothers side , from Livia Augustus his wife , and although Brittanicus was the naturall son of Claudius , yet Nero ( by Agrippina's means ) was his adopted son for the Empire , and brought to the Senate , where it was consented unto , that he should have his togam virilem , and he called Prince of youth : it being their usage , as far as I have observed in the story , that an Adoptive title assented to by the Senate , hath commonly been acknowledged , when a lineall succession hath been rejected : yea , the Authour seems to grant a kinde of title to Nero too , where it is said , pag. 3. that the sentence of the souldiers was followed by the consent of the Senate : if the Senate had any share in either constituting or declaring a King , Nero's title was hereby established .

But what is this to our case ? A rightfull or doubtfull heir was brought by souldiers to the Senate , who among themselves were contriving to alter their government : This heir was received by the Senate , and upon that submitted unto by the people : But doth the Authour think that if the Senate had declared and acknowledged , yea , promised to preserve the Title of a rightfull Prince , and the souldiers by the advice , counsell , or assistance of some party in this Senate , should imprison or slay their Prince , and take away the Major part of the Senate , only because against their actings , and this minor part relict should alter their government , yea , make themselves without the consent of the people their Rulers , that then the people would or lawfully could have submitted to them as their legall and rightfull governours , nay , would not rather have resisted them , as not being those higher powers , whom they ought for conscience sake to obey ?

Indeed had the King for some reason hid himself ( as Claudius ) or for other reasons absented himself , and the two Houses of Parliament legally elected , and freely sitting ( at such a time esteemed ) the higher powers , contrived a way for the altering the government , although I should not have proclaimed their wisdome , yea , should have bewailed their sin , in respect of the many ties and bonds of Declarations and Oaths upon them , I think I should have submitted to their power , yet I would not for my Oath 's sake ( had I liked the thing ) have acted in it . In which I think I ●…eeld more then many Anti-Malignant men in England will do : yet how far from our case this is , what hath been spoken will testifie .

But 2. Had the instance been of Iulius Casar , who by meer force and violence , without the least pretence of Title acquired the government , which had better suited our businesse , yet I should say , that what submission the people yeelded , and what commands he gave , were in relation to a power which he by force had gotten , and did exercise without any pretence to a legall constituted power , till received and acknowledged by the Senate .

I confesse should these Rulers now in our Kingdom command submission to them , as to a conquering party , and acknowledge they did by power exercise , what by force they had gotten , I should in that sense submit to them , because not able to defend my self against them : but they call themselves the legall Authority , and higher powers of England , under which notion I cannot submit , because positively to obey what is thus commanded , what soever secret reservation I may have , I doe and must assert their power as lawfull , and their Authority as the legall Authority .

By this I shall fitly descend to those instances of our Nation , to which what hath been already spoken , will give ( me judice ) sufficient answer : For

1. What submission was given to the Conquerour , was yeelded as to a forc'd power , untill by after-compact it was acknowledged and made legall . 2. What was practised by the successors mentioned ( besides the acknowledged force in their unrightfull acquisitions , and violent exercise of power ) it was only upon difference of Title , which people may not be able to judge of , as the Authour saies , pag. 9. but amongst us , here is an alteration of government , where a change only seems to be asserted , no Title at all pretended . 3. What is spoken of Hen. 7. may be enough to answer the argument drawn from him and the rest too . Although the Title might be unjust , and the power illegally gotten , yet when the Title was acknowledged , at least , confirmed by Parliament , and the Laws whereby he ( or they ) should rule , were enacted in a Parliament , that did engage the people to an unquestionable obedience , the constituted higher powers then commanding , to whom the Apostle requires obedience : for although a Parliament ( such I mean , which by the known law and continued usage of the Kingdom as a Parliament ) should acknowledge or do any thing civilly evill ( I mean in reference to the State ) it is lawfull and just in respect of the people , and engageth obedience , which I think will be a sufficient excuse for peoples yeelding obedience to their laws , not only because then enacted , but since confirmed by the higher powers of our Nation : although in the mean time upon the same ground they rest ●…nsatisfied in the lawfullnesse of submission to the present power .

I might adde , that what the whole body of a Nation did , if illegall , doth not engage our practice : for we know Papists ( and such they were all who submitted to the fore-mentioned Rulers ) make no conscience of denying a rightfull Title , nor yeelding to an illegall power , when they may but probably carry on their own design : but what is spoken already will satisfie , and I had rather give a rationall answer , then question the wisdome or honesty of Ancestors , where it may be avoided .

What is urged from the Casuis●…s and Paraeus ( although I am not bound jurare in verba , being of Dr Moulins his minde , rather to like one argument then ten Authours ) I shall agree to in that sense , in which I conceive they delivered it , to submit to such power as forced , not to their Authority as legall , unlesse it be 〈◊〉 an Authority which by constitution and usage are the higher powers of our Kingdom ▪

The Authour after the example of others , proceeds now to give some reason o●… his own , which I shall also endeavour to examine , and so far as they carry streng●… and truth ( as least to me ) shall submit : where otherwise , I shall give mine on the contrary .

Indeed how can it be otherwise ? For when a person or persons have gotten supream power , and by the same excluded all other from Authority , either that Authority which is thus taken by power must be obeyed , or else all Authority must fall to the ground . Persons may indeed get themselves the greatest strength , and in that sense may be submitted to ▪ but they cannot illegally get themselves the legall power , nor can they exclude others from their Authority , although by force they may keep them from the exercise of it , A man may be a man , yea a living man , although by the violence of disease , he may be kept from outward actings . An husband may be a husband still although imprisoned and thereby kept from the exercise of his duty to his wife . A Parliament may be a Parliament still , although by violence kept from sitting and executing their Authority . I am so far from thinking that disobedience to such power will make all Authority and government fall to the ground , that I beleeve submission to such will quickly lay all Authority waste : for by the same reason that we obey this altered government and usurped authority now , we must obey any other suddenly , if another party get more strength , and what an unsetled state and unknown Authority we should then have may easily be judged : nor do I think the Authour himself would be of the same minde , should the Prince with a potent army get the power into their hands . Surely were this doctrine true , those renowned men shall be rased out of the Calendar for Saints , that opposed the Kings power in Ship-money : nor must such be sequestred who under the Kings power formerly did lend or give whatsoever he required , whether men , money , horse or arms : nor these put out of the Parliament , who obeyed him in sitting at Oxon : nay , nor himself neither put to death for doing what was urged against him , if men in power howsoever they come by it are Rulers ordained by God , and to be obeyed for conscience sake .

If Confusion be worse then titular Tyranny , I wish that seeing we had no titular tyranny , we had had no confusion neither : and I should be glad that confusion may befall ( if any ) only such , who in this Kingdome have been the greater introducers of it , either those who acquire and assert , or those who cannot receive or submit to an usurped government : for although the end must not be destroyed for the means , yet he that destroies the means in it's tendency to the end , will scarcely preserve the end at last .

If a Masters mate had thrown the Master over-board , and by power would suffer no other to guide the ship but himself , if the mariners will not obey him commanding aright for the safe guiding of the ship , the ship must needs perish , and themselves with it . I doubt here is a fallacy , and this case will not concern our question , for I suppose , although I am not so well skilled in the discipline of marriners , as to know that a Masters mate hath a kinde of Title to the government of the ship in case of the Masters miscarriage , which suits not our condition : But suppose him to have no title , or state the question somewhat nearer our case , That if a party of the Sea-men should throw the Master over-board , and assume to themselves the government of the Ship : ●…●…hall then answer , That if that Mate or this party having the greater strength , ●…hould by power enforce and exact obedience of the rest , these ought for the safety of their own lives , although not to obey the Authority , yet to do the commands of the enforcing party , and if ever they come ashoar , to doe what they can to bring such unworthy persons to condigne punishment , who , besides the murder of the Master , would so basely hazard the ship too ; But if that mate or party should command the Sea-men to obey them as the rightfull Master , I think ( although with submission to better judgements ) they ought not , although for the safety of their lives thus to obey them . It is better to lose a naturall life , then a quiet conscience , and a spirituall soul : The greatest advantage will not warrant the least evil . In such a case it would easily be judged both by God and men , to whose fault the losse of the ship should be imputed , either to them that did unjustly require , or those who dared not unwarrantably to do an unlawfull thing . I know not what the sodain fear of unavoidable death might make such men ( de facto ) do , and I can easily think what harsh censures their hazarding or losing their lives upon such refusall , may bear from rash and lesse considerate men , as an empty product of meer peevishnesse : but I am confident that a Synod of religious and intelligent Divines would conclude , that ( de jure ) they ought rather to adventure the losse of all , than call him a lawfull , who is but an usurped master , which they must by yeelding to his or their commands under that notion .

Whereas some speak of a time for settlement , they indeed do rather speak for a time of unsettlement , for they will have an unsettlement first and a settlement after . If I mistake not the desires of those who withhold submission to the present power , the Authour of that Book is mistaken in his apprehensions of them : That they desire a settlement ( I think ) is true , but that they desire an unsettlement first , is besides my thoughts of them ; I know it is the grief of their souls , and causeth sad searchings of heart , that ever they were brought into such unsettlements , and thereby put upon such racks of conscience as these are . It is not unsettlement but a deliverance from unsettlement they long for : I scarce see how we can be more unsetled then now we are : Indeed being unsetled , we would use any means for a settlement , although for it's procurement our unsettlednesse were more unsetled ; If a man be at the rivers brink , I would advise him to keep out of the water , but if at once he leap into the middle of the river , I should perswade him to come to the bank , although he wade through much water to come thither : I would counsell a man to prevent distempers , but when the disease is already contracted , I should prescribe some Physick for the safety of his life , although for the present it should more disease him .

What is spoken of the former Scriptures and Casuists in the same Page , I shall refer to what was before answered .

But it is asked : Whether that may not be called a settlement , how soon soever it is , when there is such a way setled , that men may have justice if they will , and may enjoy that main end of Magistracy , to live a peaceable life in godlinesse and honesty ? To speak of what justice some have had at Westminster , since the unsettlement of our times , or what to be expected , when Colonels appear as parties with their arguments by their sides before Committees , ( an argument too often used in the House too , as I beleeve the Gentleman knows , ) where to engage a bustling daring Colonell is to carry a cause : as also what peaceable lives men live , when the souldiers having put other men in power in the State , put themselves in command in mens houses : and what godlinesse and honesty may be looked for , when blasphemy must be tolerated , wickednesse must not be punished , when in the mean time godly men ( if but of a contrary judgement , a liberty of conscience formerly pleaded for ) are made offendors for a word , would be too large a field to walk in , and besides the swelling of this tract , but give too wide an occasion to further contests . But this shall suffice , that the gentleman a little begs the question in calling it justice , for although men may have , or might expect , what he cals justice , viz. things in themselves just , yet if he grant , as I have proved , that Authority illegall by which they act , what they do or is done by any under that Authority , although in it self just , yet is not properly justice : Judgement ( for I conceive the Authour means justitiam distributivam ) is then only just , when it is exercised by the higher powers , the legall Magistracy of that Kingdome where it is acted . The Hebrews expresse justice by that word , which they likewise use for the usage and custome of that people , that are concerned in it .

Another argument the Authour useth is , because People cannot judge of Titles : when they cannot judge , then an usurped Title is true to them , and will exact obedience : but if this be an Argument , then ( for contrariorum eadem est ratio ) when Titles are visibly unlawfull , people are disingaged from obedience . This is our case , where there is not any pretence of Title .

But some say , There are Oaths that justifie disobedience to the present government : There are indeed severall Oaths that engage us to the continned observance of our formerly established government , and then how far they justifie disobedience to this , let the Authour judge . That Oaths are sacred bonds and reverend obligements , and where they do not themselves leave or make us free , we are not to cut or break them in peeces : I shall equally assert , and could heartily wish it had been as truly practised in the Kingdome as plainly spoken in the book : But seeing there are indeed ( as the Authour affirms ) concerning these , faults on both hands , let us a little examine the faults he mentions , and see whether there are not other faults too , that he speaks not of .

On the one side the slieghting of an Oath , &c. This is a fault indeed : Oaths and Covenants are the strongest engagements ▪ whereby we can binde our selves either to God or man , if these come once to be sleighted and no longer observed , then they may conduce to the palpable advantage of those that made them , I am afraid that may justly be written upon the door-posts of England , what was set in the front of Davids song , Psa. 12. 1 , 2.

I am loth to misjudge any person , whom I finde so modest , else I should fear that this fault was purposely argued , the more secretly to insinuate another , though not under the name of a fault : It is said , We finde some part of the Covenant to speak of ●…ll th●… daies of our lives : as if some part had been but of a temporary engagement : but if I mistake not , the Covenant did in every part of it oblige us to a continued observance of it : we did not swear constantly to keep this part , or that clause , but all our lives to keep this Covenant , which is known to comprehend every part of it .

True it is , that the obligation of some things end , because they can no longer be kept , as that of the Kings person &c. I grant that the obligation of a people to any thing ends , when that thing obliged to , necessarily , and in its own nature ends ; but if men shall by violence put an end to the thing , that thereby the obligation may end too , I doubt such will be esteemed by God as Covenant-breakers ; I do not think , that he breaks his Covenant , that doth not preserve the Kings person , when he is dead ▪ but I think he is guilty , that did not endeavour to preserve it while he was living ; had the Covenant , in that part , been observed then , for all that I know , it might have obliged now . A woman promiseth to be faithfull to her husband so long as he lives , but if she , out of love to another man , shall lay violent hands on her husband to end his life , that thereby she might marry another , I beleeve she would scarcely be thought to have performed her promise . A Tenant bargains with his Land-lord to pay him rent for his house , so long as he lives in it : but if he through malice shall pull down the house , that he cannot live in it , and thereby to extinguish his bargain , it may be easily thought what determination the Law would make in such a case .

What is spoken here of the Kings person , might as well have been spoken of any other part of the Covenant : It is Covenanted to preserve Religion , but if those that made the Covenant should by force extirpate , or by deceit undermine Religion : would the Authour think himself or others disingaged from that part of the Covenant , or rather look upon himself as bound to preserve it , while it hath a being ? If this liberty should be given , no man would keep any Oath any longer , than he saw good , if it were in his power to put an end to that thing to which he is obliged . But let 's see what faults are found on the other hand .

But on the other side there are other faults : such are the urging of an Oath or Covenant against enemies , and not against friends in one and the same action . In this I am wholly of his judgement , and could wish that he had instanced in some things , whereby I might have guessed what aim he had taken , and against what he had levelled it . As I would not have any unequally excused , who are equally guilty , so I would not have him free from blame , who imputes guilt to one , when another shall be connived at , or incouraged in the same thing .

In that clause of bringing Delinquents to condigne punishment : If the Covenant engage to bring one to punishment , that raised arms against the Parliament in Kent and Essex , why not another that raised arms against the Parliament in Oxon shiere and Berks shiere ? If according to our Covenant we should preserve the priviledges of Parliament against a malignant party , that would have taken away but Five Members ; why not against an Haereticall party that took away above two Hundred ? If one party be charged as guilty in not obeying Orders of , but offering violence to the Parliament ; why should another be excused as faultlesse , whose disobedience was more manifest , and whose violence was more palpable ? or if not altogether so , yet ( as the Authour ) a slight and diminishing charge of it upon one , and a vehement and aggravating charge of it upon the other .

Another fault may be , a stiffe insisting on one part , and a neglect or at least silence in another part . This is not alwaies a fault , for when there is no occasion given to speak , silence is no evil ; One part may be in more danger to be broken than another , when a more violent asserting , and stiffe contending for that part is more necessary . If I had two children , the one at home in safety , the other in imminent danger , that I were more earnest and industrious for the saving and preserving of this , doth not at all argue lesse love or care to the other . But to take it in the best sense , to pretend much care in the keeping of one part , and in the mean time , to neglect another , I think a fault . As when men are seemingly violent against Popery and Prelacy , yet very indulgent to Heresie and profanesse . When men shall plead Covenant in the preservation of subjects liberties , yet forget their Oath for the safety of the Kings person in the preservation of Religion ; which in respect of the Covenant are of equall concernment ; for although it be pleaded by fome , and granted by all that Religion , yea asserted by others , that the subjects liberties are of greater concernment than the Kings person , it must be ratione mat●…riae , not ratione juram●…nti , for in that regard , we are equally obliged to one as the other .

As also when by event two parts of it came to be inconsistent , to choose and inforce the keeping of the higher and lesse necessary part , and to give way to the losse and not keeping of the greater . Here is to me a falsum suppositum ; I think it a sinne in any to ●…njoin , and wickednesse in any to take a Covenant for the doing of two things that are or may be inconsistent ; nor do I know what parts of our Covenant are such ; when the Authour makes such appear , I shall bewail my sinne in taking it . If it be by him meant , what is talke●… by others , ( viz. ) That the safety of the Kings person , and the preservation of Religion are inconsistent , I must declare my dissent in this ; for I am yet convinced , that both the truth and honour of Religion might have better been preserved by the safety of his person , and the continuance of our Government , than hitherto it hath been , or for all I see , like to be , by the altering of the one , or taking away of the other .

There is another , in racking an Oath or Covenant , to make it speak that which it meant not . I will adde , there is another fault to stop the mouth of a Covenant , and denying it to speak what it would . Nay , there is yet one more , when men shall put what interpretation upon Covenants they please , or reserve to themselves a power to make any other interpretation upon them , than what the common and naturall sense of the words in which they are taken doe afford . Oathes ought to be their own interpreters ; we may deceive men , but God is not mocked .

But to come to what I conceive is the main end of what hath been hitherto asserted about Oathes ▪ To consider whether there be any clause in any Oath or Covenant , which in a fair and common sense forbids obedience to the commands of the present Government and Authority . There is in the solemne League and Covenant , that which engageth to another Government , and then what forbids obedience to this ? In one clause we solemnly Covenant to preserve the Person , and not to diminish the just Rights of the King ; had his Person and just Rights been preserved , his Government could never have been attempted ; but seeing that cord is broken ( unhappy blow that strook it ●…sunder ! ) is there yet no bond will hold us ? yes ; we do in the same clause faithfully promise to preserve the Law of the Kingdom , and surely to change the Government is to alter the fundamentall Laws of the Kingdom ; if we are bound to preserve our Law , then that Government that is established by Law ; nay yet further , In the same place , we doe swear , yea and call the world to witnesse it , that we will not diminish the just Rights and greatnesse of the King : Is not a mans right as much concerned in his Heirs inheriting , as in his own enjoying what legally belong'd to him ? Is it not a mans undoubted right to have his lawfull Heirs succeed him in his lawfull enjoyments ? But now by this Government the Kings Heirs are wholly divested of any possession , and absolutely debarred of that right , which by the usage of the Kingdom belongs to them .

Much lesse when no other can be had ( as the Authour ) I do not yet see impossibility in having another , truly I think , if the Covenant had been strictly observed , we had never had this , and if it were yet carefully performed , we might quietly have another Government , such under which godly people might live with more comfort , and lesse scruple .

If it be said that in the Oath of Allegiance , Allegiance is sworn to the King , his Heirs and Successors . If his Heirs be not his Successours , how doth that Oath binde ? either the word Successours must be superstuous , or else it must binde Successours as well as Heirs , &c. If I should grant that the word Successours were superfluous , it would not be the only superfluous word in things of that nature ; or that it is an exegeticall expression which is not unusuall in all writings both Divine and profane , the more fully to expresse the same thing by two words : His Heirs and Successours are conjunctive , which must necessarily imply , that his Heirs according to the usage of this Kingdom ought to be his Successours : so that it can binde to no Successours besides the Heir : Indeed should the Line extinguish , then the legall Successour were to be obeyed by that Oath , and yet that too in the continuance of the Government , for he is not properly a Successour , unlesse in the same form of Government ; for without asking Lawyers and Learned men , he is properly a Successor , that succeeds any man in the place where he was . If the Agitators in the Army should depose the Generall , and order the Army according to their wills , would they be justly called his Successours , when the frame of their Discipline were altered ? This seems partly to be acknowledged by the Authour in the same page , where he instanceth only in those for Successours , which su●…ceeded in the same Government , and saith that the word Successour is taken for him that actually succeeds in Government , I conceive it must be meant , when the same form still is continued , else what he asserts , and the instances he names , would hold no proportion .

But there is one engagement to the former Government yet lies upon us in reference to our Oaths , which is mentioned either in that ( before named ) or in the Oath of Supremacy , That no power on earth shall deter or absolve us from the keeping of it , If so , I would but humbly begge the Authour conscienciously to judge , whether the force or fear of any party , were they stronger than they are , should affright a people into a submission to any other Government , then that to which they have thus sworn .

I may take the same liberty to propose a few short , yet considerable Quaete●… ▪ While the Son is in the same posture in which the Father was , how comes this Oath at thi●… time to stand up , and pl●…ad for disobedience in regard of the Son , that was asleep and silent in regard of the Father ? I do not know in what one title this Oath is more urged for the Son , then it might have been , and was for the Father ; unlesse that now there is more need of pressing it , because in the Sons daies the Government is altered ; in the Fathers , it was ( at least ) promised to be continued . Those , who were against the irregular actings , the Court-faults , the wicked Counsels of the Father , were for the safety of his person , the preservation of his Rights , and the continuance of his Government : And now the same persons that are for the Rights of the Son , and the continuance of the Government , are as much against the vices and counsels in and about him , as about the Father . Besides it might be said , that the Father was not opposed , untill there was a Parliament , that being the legall means in our Kingdom of resisting Arbitrary and extra-legall power ; the King in the intervalls of Parliaments being the chief officer , not to be resisted by private subjects : And certainly I think , were there now a Parliament sitting according to the constitution of England , and the Received to the Crown , should act any thing against the known Law , and ●…he kingdoms safety , those who are now for the reception of the Son , and for the performance of their Oaths , would as truly and conscienciously ( according to their Covenant ) join with them against the exorbitancies of the Son , as they did against the evil of the Father : only I beleeve they would expect some security , that his Person and rights ( parts of the Covenant ) should be better preserved and lesse diminished then his Fathers were .

Besides what hath been spoken to the book , I might adde also one small Quaer●… about altering the government : Whether in such an alteration there is not necessarily required , either the generall consent of the major part of the people , or at least the major part of their trustees ? if so , what right have these men to do , who now act in it , some of them being the Trustees of no people , having no election , others who were legally chosen denied their liberty ? May not any number of people ( there being no known Law nor constituted rule for this transaction ) by the like reason conceive , and ( if they have strengt●… ) alter it again to morrow ? But if they will ( which is but equall ) give them liberty of di●…enting from their government , whom they deny the liberty of delating or consenting to it , I shall be free .

Whether there be any Scripture example or prudentiall rule unnecessarily to oppress●… , and , where it may be avoided , to rack the tender consciences of unquestionably godly men , not only when they are the major part , and most judicious Christians ( both of Ministers and People ) and most likely to know the truth , but when they are the least strong , and most discountenanced , and therefore unlikely to be byassed by any private Interests ? Indeed those who side with the strongest party , lye under grounded suspition of having particular ends , who can turn any way , to any party , where they may get the best places , the greatest preferments , and the largest rewards : such many have received , and I beleeve more expect ; for it is observable , that for the most part , your only Parliament convert●… before ▪ are ●…our greatest Parliament Assertors now : But how a poor people despised and opposed by power , who can expect the conferment of nothing but punishment , should design an interest in standing to their principles , when they know ( some of them at least being very able and prevalent ) they might upon their least turning have as large a share in the rewards of the Kingdom as those who now enjoy the greatest , is to me irrationall and improbable . The Apostle Paul would avoid a lawfull thing rather then offend the scrupling consciences of weak brethren : what then is their fault , who do unlawfull things , and thereto engage the dijudicating consciences of weak Christians ?

Whether both in humane probability , and religious reason , it were not more likely to conduce to Gods glory , to Religions settlement and honour , to Christians union and satisfaction , to the Kingdoms peace , to the prevention of danger , and the safety of all ( who have not wickedly out-acted all hopes of safety , and are conscious to themselves that their bucket must sink , whensoever Authorities bucket shall arise ) to endeavour ere it be too late , to join Authority and Power , Title and Strength together ; that as Power may arm Authority , and render it formidable , so Authority might justifie Power , and make that lawfull ? Least when the Title shall be claimed , those who may dislike the vices , and oppose any Tyranny ( were they legally authorized ) of the claimer , yet should not for conscience sake deny his Right ; and those who could like well the pretensions of our new Governours ( were they justifiably managed ) should not adventure for Religions sake to assist their usurpation : Whereby , as by our unwise actions , we have too much justified Malignants actions , and made them our deriders : we may strengthen their hands , and make them our Masters .

I am confident that if the great managers of our new-work , and the violent assertors of this changed Government would but seriously lay these things to heart , it might make them seasonably retract , what they untimely attempted , and rather finde out waies to settle , then further unsettle the Kingdom , rather to satisfie then disturb the peaceable consciences of religious and unbyassed men ( The Lord prevail upon their spirits . )

Thus have I endeavoured to answer that with a meek , which was written with a peaceable spirit , where I shall professe ( if I mistake not my self ) to side rather with truth then with any party . What I have hastily spoken I shall submit to the deliberate judgements of more intelligent men : I shall be willing to receive a rebuke wherein I have erred , and ready to yeeld wherein I may receive satisfaction : I hope I have not discovered any turbulency of spirit , but a willingnesse to examine truth : As I would keep my conscience from being wounded by doubtfull pressures , so I would keep my tongue and pen from wounding others by imbittered expressions : I would not willingly give offence , I hope none will be taken . If it be lawfull for one man to propose , it must be lawfull for other to answer arguments , in reference to satisfaction . I●… would be too great a burthen to true English spirits , to see one man permitted to stand with a drawn weapon daring all that passe by , and he only faulty that takes up the weapons ●…o answer him : either prevent such darings , or else excuse the provoked . 〈◊〉 will be my comfort to give , it will be my advantage to receive satisfaction ▪ howsoever , I shall commit my self , the safety of our Kingdom , the establishment of such ●… government that is most conducible to Gods honour , to that God , who is able to answer scruples , to preserve a people , and to command settlement according to his own wil●… and way .

ROMANES 3. 8. And not rather as we be s●…anderously reported , and as some affirm , that we say , Let us do evill that good may come : whose damnation is just . ROMANES 13. 23. Whatsoever is not of faith is sinne .