his excellencies letter of the 30 of ianuary, 1643 to the earle of forth, upon that letter sent to him from the prince, duke of yorke, and divers lords and gentlemen at oxford. essex, robert devereux, earl of, 1591-1646. this text is an enriched version of the tcp digital transcription a38658 of text r212020 in the english short title catalog (wing e3320). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a38658 wing e3320 estc r212020 99835086 99835086 39739 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a38658) transcribed from: (early english books online ; image set 39739) images scanned from microfilm: (early english books, 1641-1700 ; 2170:13) his excellencies letter of the 30 of ianuary, 1643 to the earle of forth, upon that letter sent to him from the prince, duke of yorke, and divers lords and gentlemen at oxford. essex, robert devereux, earl of, 1591-1646. forth and brentford, patrick ruthven, earl of, 1573?-1651, recipient. 1 sheet ([1] p.) for laurence blaiklocke, at temple-bar, printed at london : febr. 10. 1643. [i.e. 1644] signed at end: essex. a letter from the earl of essex to the earl of forth, enclosing a copy of the solemn league and covenant. order to print dated 8 february 1643. the year is given according to lady day dating. reproductions of the originals in the british library and the henry e. huntington library and art gallery. eng england and wales. -parliament -early works to 1800. solemn league and covenant (1643). -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a38658 r212020 (wing e3320). civilwar no his excellencies letter of the 30 of ianuary, 1643. to the earle of forth, upon that letter sent to him from the prince, duke of yorke, and essex, robert devereux, earl of 1644 238 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2004-09 tcp assigned for keying and markup 2004-10 apex covantage keyed and coded from proquest page images 2004-11 mona logarbo sampled and proofread 2004-11 mona logarbo text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion letterhead his excellencies letter of the 30 of ianuary , 1643. to the earle of forth , upon that letter sent to him from the prince , duke of yorke , and divers lords and gentlemen at oxford . my lord , i received this day a letter of the 29th of this instant from your lordship , and a parchment subscribed by the prince , duke of yorke , divers lords and gentlemen . but it neither having addresse to the two houses of parliament , nor therein there being any acknowledgement of them , i could not communicate it to them . my lord , the maintenance of the parliament of england , and of the priviledges thereof , is that for which we are all resolved to spend our blood , as being the foundation whereon all our lawes and liberties are built . i send your lordship herewith a nationall-covenant , solemnly entered into by both the kingdomes of england and scotland , and a declaration passed by them both together , with another declaration of the kingdome of scōtland . i rest , your lordships humble servant , essex . essex-house , januar. 30. 1643. febru. 8. 1643. it is his excellencies pleasure this letter be forthwith printed . io. baldwin , secretary to his excellency . printed at london for laurence baiklocke , at temple-bar . febr. 10. 1643 : die martis xxx. ianuarii 1643. an ordinance of the lords and commons assembled in parliament. authorizing the commissioners of the great seale of england, to call nefore them all officers, ministers, and other attendants on the great seale, or court of chancery, kings bench, common pleas, exchequer, and court of wards and liveries, and to tender unto every of them, the solemne league and covenant for reformation, &c. and for making voyd aswell the places and offices of such as shall refuse or neglect to take the same. as also for restrayning of all lawyers, attourneys, clerks or solicitors, to practise or solicite in any of the said courts, before they shall have taken the said solemne league and covenant. england and wales. parliament. this text is an enriched version of the tcp digital transcription a83018 of text r212024 in the english short title catalog (thomason 669.f.7[64]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a83018 wing e1805 thomason 669.f.7[64] estc r212024 99870679 99870679 161045 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a83018) transcribed from: (early english books online ; image set 161045) images scanned from microfilm: (thomason tracts ; 245:669f7[64]) die martis xxx. ianuarii 1643. an ordinance of the lords and commons assembled in parliament. authorizing the commissioners of the great seale of england, to call nefore them all officers, ministers, and other attendants on the great seale, or court of chancery, kings bench, common pleas, exchequer, and court of wards and liveries, and to tender unto every of them, the solemne league and covenant for reformation, &c. and for making voyd aswell the places and offices of such as shall refuse or neglect to take the same. as also for restrayning of all lawyers, attourneys, clerks or solicitors, to practise or solicite in any of the said courts, before they shall have taken the said solemne league and covenant. england and wales. parliament. 1 sheet ([1] p.) printed for humphrey tuckey at the black spread eagle in fleet-street, london : 1644. with engraved border. signed: john browne cler. parliamentorum. reproduction of the original in the british library. eng solemn league and covenant (1643) -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a83018 r212024 (thomason 669.f.7[64]). civilwar no die martis xxx. ianuarii 1643. an ordinance of the lords and commons assembled in parliament. authorizing the commissioners of the great sea england and wales. parliament. 1644 470 2 0 0 0 0 0 43 d the rate of 43 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-10 tcp assigned for keying and markup 2007-10 apex covantage keyed and coded from proquest page images 2007-12 mona logarbo sampled and proofread 2007-12 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion die martis xxx . ianuarii 1643 ▪ an ordinance of the lords and commons assembled in parliament . authorizing the commissioners of the great seale of england , to call before them all officers , ministers , and other attendants on the great seale , or court of chancery , kings bench , common pleas , exchequer , and court of wards and liveries , and to tender unto every of them , the solemne league and covenant for reformation , &c. and for making voyd aswell the places and offices of such as shall refuse or neglect to take the same . as also for restrayning of all lawyers , attourneys , clerks or solicitors , to practise or solicite in any of the said courts , before they shall have taken the said solemne league and covenant . it is this day ordered by the lords and commons in parliament assembled , that the commissioners of the great seale of england be authorized , and are hereby required , to call before them all and every the officers and ministers , and all other attendants on the great seale or court of chancery , kings bench , common pleas ▪ exchequer , and court of wards and lyveries , and to tender unto every of them the solemne 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 of england , scotland and ireland ; and such as shall either refuse or neglect to take the same , and all such as shall not make their appearance , and give their personall attendance in their severall places and offices before the last day of this terme , not having a just excuse for their absence , shall forfeit their severall and respective offices and places , and the same shall be determined , and become absolutely voyd to all intents and purposes , as if such persons , officers and ministers were naturally dead . and it is further ordered by the said lords and commons , that no serjeant at law , or other lawyer , attourney , clerke , or sollicitour , shall be admitted to practise before the said commissioners in the court of chancery , or in the kings bench , common pleas , exchequer , or court of wards and lyveries , or to prosecute or sollicit any cause in any of the said courts before he shall have taken the said solemne league and covenant , which the said commissioners are hereby likewise authorized and required to tender , and administer unto them . john browne cler. parliamentorum . london printed for humphrey tuckey at the black spread eagle in fleet-street , 1644. at edinburgh the fifth day of february, one thousand six hundred fourty and nine years. scotland. parliament. committee of estates. this text is an enriched version of the tcp digital transcription a74122 of text r211204 in the english short title catalog (thomason 669.f.13[82]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a74122 thomason 669.f.13[82] estc r211204 99869935 99869935 162978 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a74122) transcribed from: (early english books online ; image set 162978) images scanned from microfilm: (thomason tracts ; 246:669f13[82]) at edinburgh the fifth day of february, one thousand six hundred fourty and nine years. scotland. parliament. committee of estates. 1 sheet ([1] p.) printed by evan tyler, printer to the kings most excellent majesty [i.e. s.n.], edinburgh [i.e. london] : 1649. a london reprint. cf. steele. at head of text: engraving of royal seal, and "god save the king." signed: william scot, cler. parl. proclaiming charles ii king of great britain, france, and ireland. he is to give satisfaction by taking the covenant. this to be printed and proclaimed. a london reprint of [steele iii] no. 2005, with tyler's edinburgh imprint -cf. steele. annotation on thomason copy: "feb. 5. 1648". reproduction of the original in the british library. eng charles -ii, -king of england, 1630-1685 -early works to 1800. solemn league and covenant (1643). -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. great britain -history -commonwealth and protectorate, 1649-1660 -early works to 1800. scotland -history -1649-1660 -early works to 1800. a74122 r211204 (thomason 669.f.13[82]). civilwar no god save the king. at edinburgh the fifth day of february, one thousand six hundred fourty and nine years. scotland. parliament 1649 541 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-06 tcp assigned for keying and markup 2008-07 spi global keyed and coded from proquest page images 2008-08 john pas sampled and proofread 2008-08 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion god save the king . at edjnbvrgh the fifth day of february , one thousand six hundred fourty and nine years . the estates of parliament presently conveened , in this second session of the second trienniall parliament , by vertue of an act of the committee of estates , who had power and authority from the last parliament for conveening the parliament , considering , that , forasmuch as the kings majesty who lately reigned , is contrary to the dissent and protestation of this kingdome now removed by a violent death ; and that by the lords blessing there is left unto us a righteous heire , and lawfull successour , charles prince of scotland and wales , now king of great britain , france and ireland ; we the estates of parliament of the kingdom of scotland , doe therefore most unanimously and cheerfully in recognisance and acknowledgment of his just right , title , and succession to the crown of these kingdoms , hereby proclaim and declare to all the world ; that the said lord and prince charles is by the providence of god , and by the lawfull right of undoubted succession and descent , king of great britain , france , and ireland , whom all the subjects of this kingdome are bound humbly and faithfully to obey , maintain and defend according to the nationall covenant , and the solemn league and covenant betwixt the kingdoms with their lives and goods against all deadly , as their onely righteous soveraign , lord and king . and because his majestie is bound by the law of god , and fundamentall lawes of this kingdome to rule in righteousnesse and equity for the honor of god , the good of religion , and the wealth of his people : it is hereby declared , that before he be admitted to the exercise of his royall power , he shall give satisfaction to this kingdom in these things that concerne the security of religion , the union betwixt the kingdomes , and the good and peace of this kingdome , according to the nationall covenant , and the solemn league and covenant , for the which end we are resolved with all possible expedition to make our humble and earnest addresses to his majestie ; for the testification of all which , we the parliament of the kingdome of scotland , publish this our due acknowledgement of his just right , title , and succession to the crowne of these kingdoms at the mercat crosse of edinburgh with all usuall solemnities in the like cases , and ordains his royall name , portract and seale to be used in the publike writings and judicatories of the kingdom , and in the mint-house , as was usually done to his royall predecessors , and command this act to be proclaimed at all the mercat grosses of the royall burghs within this kingdom , and to be printed , that none may pretend ignorance thereof . god save , king charles , the second . william scot , cler. parl. edinburgh , printed by evan tyler , printer to the kings most excellent majesty , 1649. by the lords justices and councell. jo. borlase. hen. tichborne. whereas we have lately seen a printed paper, intituled, a solemn league and covenant for reformation and defence of religion the honour and happinesse of the king, and he peace and safety of the three kingdoms, of england, scotland, and ireland, which seems to have been printed at london, on the ninth day of october 1643. ... proceedings. 1643-12-18. ireland. lords justices and council. this text is an enriched version of the tcp digital transcription a46216 of text r217457 in the english short title catalog (wing i991). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 4 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a46216 wing i991 estc r217457 99829122 99829122 33558 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a46216) transcribed from: (early english books online ; image set 33558) images scanned from microfilm: (early english books, 1641-1700 ; 1869:5) by the lords justices and councell. jo. borlase. hen. tichborne. whereas we have lately seen a printed paper, intituled, a solemn league and covenant for reformation and defence of religion the honour and happinesse of the king, and he peace and safety of the three kingdoms, of england, scotland, and ireland, which seems to have been printed at london, on the ninth day of october 1643. ... proceedings. 1643-12-18. ireland. lords justices and council. 1 sheet ([1] p.) by vvilliam bladen, printer to the kings most excellent majestie, imprinted at dublin : anno dom. 1643. [i.e. 1644] dated at end of text: given at his majesties castle of dublin, the 18. day of december, 1643. at foot of title: reprinted by commandment of the lord lieutenant at the request of the commons house of parliament, 1644. title from caption and opening lines of text. "the solemn league and covenant, printed at london 9 oct. 1643, is contrary to irish municipal law and destructive to church goventment. all taking of oaths is illegal except before a judge. no one is to enter into this league." -cf. steele. reproduction of the original in the bodleian library. eng solemn league and covenant (1643). -early works to 1800. great britain -history -civil war, 1642-1749 -early works to 1800. a46216 r217457 (wing i991). civilwar no by the lords justices and councell. jo. borlase. hen. tichborne. whereas we have lately seen a printed paper, intituled, a solemn league and ireland. lords justices and council 1644 528 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-02 elspeth healey sampled and proofread 2008-08 spi global rekeyed and resubmitted 2008-10 mona logarbo sampled and proofread 2008-10 mona logarbo text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion diev et mon droit honi soit qvi mal y pense royal blazon or coat of arms ¶ by the lords iustices and councell . jo. borlase . hen. tichborne . vvhereas we have lately seen a printed paper , intitled , 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 kingdoms , of england , scotland , and ireland , which seems to have been printed at london , on the ninth day of october 1643. and forasmuch as in the said league or covenant , there are divers things conteined not only tending to a seditious combination against his majesty but alsoe contrary to the municipall lawes of this kingdome of ireland , and destructive to the church government established by law in this kingdom , and for that by the lawes of this kingdom , no oath ought to be tendred to , or taken by any person or persons whatsoever in this kingdom , but before a iudge or other person thereunto lawfully authorized by his majesty , and for that the said league or covenant , is now endeavoured to be set on foot in this kingdom , without his majesties privity , direction or alowance . and in regard it is directly contrary to the liberty and freedom of the subject , to be by any such oath or covenant pre-engaged , and for that the setting on foot at this time in this kingdom the said league or covenant , without his majesties alowance , may not only beget much distraction and unquietnesse amongst his majesties good subjects , but also may prove very penall to all those who shall presume to tender or take the same : we therfore for prevention of such mischiefs , doe in his majesties name strictly charge and command , all his majesties good subjects of what degree or quality soever , within this kingdom upon their allegiance to his majesty , that they presume not to enter into or take the said league covenant or oath . and we doe hereby likewise inhibit and forbid all his majesties subjects in this kingdom , to impose , administer , or tender the said league oath or covenant . and if notwithstanding this our proclamation , any person shall presume to impose tender or take the said league oath or covenant , we shall proceed against him or them with all severity according to the known lawes of the land . given at his majesties castle of dublin , the 18. day of december , 1643. ri. bolton . canc. la. dublin . ormonde . roscomon . edw. brabazon . ant. midensis . cha. lambart . geo. shurley . gerrard lowther . tho. rotherham . fr. willoughby . tho. lucas . ia. ware . g. wentworth . god save the king . jmprinted at dublin , by vvilliam bladen , printer to the kings most excellent majestie , anno dom. 1643. reprinted by commandment of the lord lieutenant at the request of the commons house of parliament . 1644. act of council, for burning the solemn league and covenant, and several other traiterous libels. at halyrudhouse, the fourteenth day of january, 1682 orders in council. 1682-01-14 scotland. sovereign (1649-1685 : charles ii) 1682 approx. 3 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a92637 wing s1449 estc r230211 99899460 99899460 153552 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a92637) transcribed from: (early english books online ; image set 153552) images scanned from microfilm: (early english books, 1641-1700 ; 2370:17) act of council, for burning the solemn league and covenant, and several other traiterous libels. at halyrudhouse, the fourteenth day of january, 1682 orders in council. 1682-01-14 scotland. sovereign (1649-1685 : charles ii) scotland. privy council. aut 1 sheet ([1] p.) printed by the heirs of andrew anderson, printer to his most sacred majesty, edinburgh : anno dom. 1682. arms 232; steele notation: majesolemn published. reproduction of original in the folger shakespeare library, washington, d.c.. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng solemn league and covenant (1643) -early works to 1800. scotland -politics and government -1660-1688 -early works to 1800. broadsides 2007-07 tcp assigned for keying and markup 2007-08 aptara keyed and coded from proquest page images 2007-09 mona logarbo sampled and proofread 2007-09 mona logarbo text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion cr 〈◊〉 〈◊〉 qui mal y pense royal blazon or coat of arms act of council , for burning the solemn league and covenant , and several other traiterous libels . at halyrudhouse , the fourteenth day of january , 1682. forasmuch , as albeit by the seventh act of the first session of his majesties first parliament , and the second act of the second session of that same parliament ; that oath and combination commonly called the solemn league and covenant , is condemned as treasonable , and the taking and renewing thereof by any of the subjects , is declared to be high-treason : yet in the year 1666 , and since , several desperate and incorrigible traitors , have taken upon them to renew and swear the said covenant , and to emit and publish several treasonable and scandalous libels , founded thereupon , as particularly these treasonable declarations published at rutherglen and sanquhair , the libel called cargil's covenant , and the late declaration published at lanerk upon the twelfth of this instant , entituled , the act and apologetick declaration of the true presbyterians of the church of scotland . his royal highness , his majesties high commissioner , and lords of h●s majesties privy council , to evidence the great abhorrence they have of these treasonable libels , do ordain , that upon wednesday next , being a mercat day the saids treasonable libels , viz. the solemn league and covenant , the rutherglen and sanquhair declarations , the libel called cargil ' s covenant , and the late treasonable declaration at lanerk , be publickly burnt at the cross of edinburgh , by the hand of the common hangman . and ordains the provost , bailiffs , and council of edinburgh , to be present , and to see the same solemnly done the said day , betwixt eleven and twelve hours in the forenoon , and to report an account of their obedience to the council , the next council day thereafter . and that these presents be printed and published . extracted by me , will. paterson , cl. sti. concilij . god save the king . edinbvrgh , printed by the heir of andrew anderson , printer to his most sacred majesty . anno dom. 1682. charles by the grace of god king of great brittain, france and ireland, defender of the faith. to our lovits [blank] messengers, our sheriffes in that part conjunctly and severally specially constitute, greeting. england and wales. sovereign (1625-1649 : charles i) this text is an enriched version of the tcp digital transcription a79124 of text r211963 in the english short title catalog (thomason 669.f.7[31]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 5 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a79124 wing c2826 thomason 669.f.7[31] estc r211963 99870628 99870628 161013 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a79124) transcribed from: (early english books online ; image set 161013) images scanned from microfilm: (thomason tracts ; 245:669f7[31]) charles by the grace of god king of great brittain, france and ireland, defender of the faith. to our lovits [blank] messengers, our sheriffes in that part conjunctly and severally specially constitute, greeting. england and wales. sovereign (1625-1649 : charles i) charles i, king of england, 1600-1649. 1 sheet ([1] p.) s.n., [edinburgh : 1643] dated and signed at end: given under our signet at edinburgh the eighteenth of august, and of our reigne the nineteenth yeare, 1643. per actum dominorum conventionis. arch. primerose cler. conven. a proclamation for raising men and arms in scotland, in pursuance of the solemn covenant entered into between england and scotland. with engraving of royal seal at head of document. annotation on thomason copy: "printed at edinburgh. 18 august 1643.". reproduction of the original in the british library. eng solemn league and covenant (1643). -early works to 1800. scotland -history -charles i, 1625-1649 -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a79124 r211963 (thomason 669.f.7[31]). civilwar no charles by the grace of god king of great brittain, france and ireland, defender of the faith. to our lovits [blank] messengers, our sheriff england and wales. sovereign 1643 841 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 tcp assigned for keying and markup 2008-06 spi global keyed and coded from proquest page images 2008-07 mona logarbo sampled and proofread 2008-07 mona logarbo text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion c r honi soit qvi mal y pense royal blazon or coat of arms charles by the grace of god king of great brittain , france and ireland , defender of the faith . to our lovits messengers , our sheriffes in that part conjunctly and severally specially constitute , greeting . forsameikle as the estates of our kingdome of scotland presently conveened , taking into their most serious consideration the great and imminent danger of the true protestant reformed religion , and of the peace of thir our kingdomes from the treacherous and bloudy plots , conspiracies , attempts and practices of papists , prelats , malignants , and their adherents , have after mature deliberation thought expedient to enter into a solemne and mutuall covenant with our kingdome of england , for the defence of the true protestant reformed religion in the kirk of scotland , and the reformation of religion in the kirk of england , according to the word of god , the example of the best reformed kirks , and as may bring the kirk of god in both kingdomes to the nearest conjunction and uniformity in religion and church government , and siclike to preserve and defend the rights and priviledges of our parliaments , and liberties of our kingdomes respectivè , and to preserve and defend our person and authoritie in the preservation of the said true religion , and liberties of our saids kingdomes , and to observe the articles of the late treaty and peace betwixt the two nations , and to assist and defend all that shall enter into this covenant , in the maintaining and pursuing thereof , as the same more fully proports : which as it wil be a comfort and incouragement to all christians who fear god , and love religion , to all good and loyall subjects who truly honour us , and to all true patriots who tender the liberty of their countrie : so doubtlesse it wil exasperate and inrage the said papists , prelats , malignants , and their adherents , to practise and execute all the mischief & cruelty they can against this kirk and kingdome , as they have done in our kingdoms of england and ireland . for preventing therof , the estates of this our said kingdome ( according to the practise of our councel , convention of our estates , & of our parliaments in former times of the like exigence ) have resolved to put this our said kingdom , with all possible speed , in a present posture of defence , and for the better safety and securitie thereof , have statute and ordained , and hereby statues and ordaines , that immediately after the publication hereof , all the sensible persons within this our kingdome of scotland , betwixt sixtie and sixteene yeares of age , of whatsoever qualitie , rank , or degree , shall provide themselves with fourtie dayes provision , and with ammunition , armes , and other warlike provision of all forts , in the most substantious manner , for horse and foot , with tents , and all other furnishing requisite , and that the horsemen be armed with pistols , broad swords , and steel caps , and where these armes cannot be had , that they provide jacks , or secrets , lances and steel-bonnets , and that the footmen be armed with musket and sword , or pike and sword , and where these cannot be had , that they be furnished with halberts , loquhaber axes , or jeddart staves and swords . our will is herefore , and we charge you straitly and commands , that incontinent thir our letters seene , you passe to the market crosse of edinburgh , and severall burrowes of this our kingdome , and parish kirks thereof , and there by open proclamation make publication hereof , wherethrough none pretend ignorance of the same , and that you command and charge all and sundry our subjects foresaids , being sensible persons , betwixt sixtie and sixteene yeares , to provide themselves in manner foresaid , and to be in readinesse to make their randevous thus armed at the places to be appointed by our saids estates , or committees having power from them , within eight and fourty hours after they shall be lawfully warned by order from them to that effect , as they will testifie their affections to the true protestant religion , the liberties of our kingdomes , our owne honour , and the peace and safety of that their native countrey ; and under the paine to be esteemed and punish as enemies to religion , us and our kingdomes , and their whole goods to be confiscate to the use of the publick . given under our signet at edinburgh the eighteenth of august , and of our reigne the nineteenth yeare , 1643. per actum dominorum conventionis . arch. primerose cler. conven. printed at edinburgh 15 august 1648 an epitaph upon the solemn league and covenant. condemned to be burnt by the common hangman. e. h. 1661 approx. 6 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-10 (eebo-tcp phase 1). a43791 wing h19a estc r213808 99826081 99826081 30473 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43791) transcribed from: (early english books online ; image set 30473) images scanned from microfilm: (early english books, 1641-1700 ; 1760:11) an epitaph upon the solemn league and covenant. condemned to be burnt by the common hangman. e. h. 1 sheet ([1] p.) printed for philemon stephens the younger, at the kings arms over agains the middle-temple-gate in fleetstreet, london : 1661. verse "so young? and must thou, like an old witch, burn?". signed: e.h. reproduction of the original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng solemn league and covenant (1643). -poetry -early works to 1800. 2006-10 tcp assigned for keying and markup 2006-10 apex covantage keyed and coded from proquest page images 2006-11 emma (leeson) huber sampled and proofread 2006-11 emma (leeson) huber text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion an epitaph upon the solemn league and covenant . condemned to be burnt by the common hangman . so young ? and must thou , like an old witch , burn ? and none but gregory celebrate thine urn ? thou art , though old enough , scarce yet adult , and infancy sometimes reprieves a mulct . but juster laws , here , no demurres allow , nor hadst thou benefit of thy clergy now . alas , gude covenant ! but most forlorn , for thou art damn'd ; some , as yet , but forsworn . before , thou wast but tinder for the pipe , guarded pye-bottomes , or some worse thing wipe . in bonesires , now , comrades with pitch and tar , yet , didst live , with nols nose , a salamander . thou 'rt water proof , if tears could drown'd , thou ne're hadst liv'd to see this clymacterick year . this fiery furnace proves thee , if unsmutcht with flames , thou 'rt saint ; imposture , if thou 'rt toucht . oh for some juice of onions ! or some quack with mountebanck receipts to skreen thy wrack ! ha's ne're a zealous cheat , now , some ( left ) shift ? no help at maw ? to save at a dead lift ? what ? ne're a scottish mist to dampe thy bl●ze ? no exorcist ? for aid thy sire to ra●se ? no charm in goggle-eye ? no canting tone ? to fence thee from these flames ? alas ! there 's none . my bennyson go with thee , and that scot that brooding hatcht thee in his rebel plot . may cleavelands plagues light on thee , till , poor fool , this sheet do preach thee to thy pennance stool . shall england with a scot priest ridden be ? no , trayn your meggye's to your cavalry . pit●y your cheverran lungs , ride with a hanck , take a sob with your halties , or your brancks . you 've rid us almost out of breath , but now the reasty jade does her old burthen throw . the scot was englands sit-fast , but , now , when will yow ( dismounted thus ) get up agen ? if e're you do — but heavens forbid the evil ! for , horse a beggar , he 'le ride to the devil . your long grace cannot cater a dinner now , we are uncheated , feed on poddillow , your sowins , and your long-kale , the time 's come that scots must keep lent all the year at home . chymists , from the grosse flesh , the spirits call , but , scots to get flesh , are spiritual . magisher artis venter , th' covenant was th' issue of your hungry weambs and want : so , this just execution will become to jockye , sacriledge and martyrdome . yow coyn'd this league for cash , this judas kisse was the damn'd prologue of your avarice ; thus curres do bite and fawn at the same season , the scotch hail master spells in english , treason . and 'larums us , as those that knew argyle , stood on their guard when he begun to smile . we now shall hear each snivelling john an●oak whining , the cause ! thus toads , when hungry , croak . your long-wind sermon tones is ventriloquie , 't is famine opes the yawning mou●h of jockye . i wrong yow not , sure now , yow humbled are , before , no prelate , proud , like presbyter . i do believe yow do repent and fast , good reason , for the possets do not last , and the back-sliding sister-hood does now , weary of rochet-jack , the courtier wooe . no bodkins , now , nor thimbles , as of old , cull'd charity , like water heat , most cold . the prentice-rabble that did club of late for this league , now , its doom , do antidate . thou wast , poor sheet , the only vestery our heteroclite sects did all agree to shrowd them with , these fig-leaves cast away , the●'le be no adamites , so nak'd as they . oh brethren of new-england ! crosse the main , come and rethump the pulpits o're again : we 're , as yow were , when hugh came first , some reason to bo-peep with a text , to guise a treason . but , hold , sure your inventi●n's barren , cheats in jugling never use ( discover'd ) feats : except they do remove their stage , to try for fresh acceptance in new company ▪ the knapperdolling 's ( thus ) in germany unmaskt , to england and to scotland fly . and , here , their forgeries , again , retriev'd , their next flight for new england is believ'd , scarce cicatrih'd , yet are the german scars , these sad mementoes of phanatique warres : yet , britain's ulcer's , still malignant be , but cancers are best cur'd with cauterie , may our rebellious leprosies at last be expiated with this holocaust . by e. h london , printed for philemon stephens the younger , at the kings arms over against middle-temple gate in fleetstreet . 1661. the declaration of mr. alexander henderson, principall minister of the word of god at edenbrough, and chiefe commissioner from the kirk of scotland to the parliament and synod of england: made upon his death-bed. henderson, alexander, 1583?-1646. this text is an enriched version of the tcp digital transcription a86192 of text r204706 in the english short title catalog (thomason e443_1). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 25 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a86192 wing h1431 thomason e443_1 estc r204706 99864171 99864171 116393 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a86192) transcribed from: (early english books online ; image set 116393) images scanned from microfilm: (thomason tracts ; 70:e443[1]) the declaration of mr. alexander henderson, principall minister of the word of god at edenbrough, and chiefe commissioner from the kirk of scotland to the parliament and synod of england: made upon his death-bed. henderson, alexander, 1583?-1646. [4], 11, [1] p. s.n.], [london : printed, an. dom. 1648. the first leaf features patristic and biblical passages. pages 2-3 misnumbered 6 and 7. annotation on thomason copy: "may. 16. london". reproduction of the original in the british library. eng solemn league and covenant (1643) -early works to 1800. church and state -scotland -early works to 1800. last words. a86192 r204706 (thomason e443_1). civilwar no the declaration of mr. alexander henderson, principall minister of the word of god at edenbrough, and chiefe commissioner from the kirk of s henderson, alexander 1648 4219 2 0 0 0 0 0 5 b the rate of 5 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-04 tcp assigned for keying and markup 2007-04 aptara keyed and coded from proquest page images 2007-05 pip willcox sampled and proofread 2007-05 pip willcox text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion tertull. ad scapul . colimus imperatorem sic , quomodo & nobis licet & ipsi expedit ut hominem a deo secundum , & quicquid est a deo consequtum , solo deo minorem , hoc & ipse volet : sic enim omnibus major est , dum solo deo minor est . idem apologet. circa majestatem imperatoris infamamur , nunquam tamen albiniani , vel nigriani , vel cassiani inveniri potuerunt christiani . lactant. lib. 5. instit. ca. 8. ideo mala omnia rebus humanis quotidie ingravescunt quia deus hujus mundi effector & gubernator derelictus est , quia susceptae sunt multae impiae religiones , & quia nec coli quidem , vela paucis deo sinitur . malach. 3. returne unto me and i will returne unto you saith the lord of hosts ; but you said wherein shall wee returne ? will a man robbe his gods ? yet have yee robbed mee ; but yee say wherein have wee robbed thee ? in tithes and offrings ; yee are cursed with a curse because ye robbed mee , even this whole nation . the declaration of mr. alexander henderson , principall minister of the word of god at edenbrough , and chiefe commissioner from the kirk of scotland to the parliament and synod of england : made upon his death-bed . hosea 10. for now they say we have no king , because we feared not the lord ; what should a king doe to us ? psal. 63. the king shall rejoyce in god , and all that sweare by him , shall rejoyce in him ; and the mouth of them that speake lies shall be stopped . printed , an. dom. 1648. the declaration of master alexander henderson . vvhereas the greatest part of the distempered people of these miserable distracted kingdoms , have beene and are , wofully abused and misled with malicious misinformations against his sacred majesty , especially in point of religion and morall-wisdome ; whereof , i confes with great griefe of heart , my selfe to have been ( amongst many moe of my coate ) none of the least ; who out of imaginary feares and jealousies , were made reall instruments to advance this un-naturall warre , wherein so much innocent protestant blood hath beene shed , and so much downright robbery committed , without f●ate , or shame of sinne ; to the scandall of the true reformed religion , as cannot but draw downe heavy judgements from heaven upon these infatuated nations , and more particularly upon us who should have instructed them in the way of truth , peace , and obedience . i conceived it the duty of a good christian , especially one of my profession , and in the condition that i lie , expecting god almighty ' s-call , not only to acknowledge to the all-mercifull god , with a humble sincere remorse of conscience , the greatnesse of this offence ; which being done in simplicity of spirit , i hope with the apostle paul to obteine mercy , because i did it through ignorance : but also , for the better satisfaction of all others , to publish this declaration to the view of the world ; to the intent , that all those ( especially of the ministery ) who have beene deluded with mee , may by god's grace , and my example ( though a weake and meane instrument ) not only bee undeceived themselves , but also stirred up to undeceive others , with more alacritie and facilitie ; that the scandall may bee removed from our religion and profession , and the good king restored to his just rights , and truly honoured and obeyed as god's-annoynted and vice-gerent upon earth ; and the poore distressed subjects freed from those intollerable burdens and oppressions which they lye groaning under , piercing heaven with their teares and cries ; and a solid peace setled both in kirke and commonwealth , throughout all his majesties dominions , to the glory of god , and of our blessed mediator and saviour the lord christ . i doe therefore declare before god and the world , that since i had the honour and happinesse to converse and conferre with his majesty , with all sort of freedome ; especially in matters of religion , whither in relation to the kirke or state ( which like hypocrates twins are lynked together ) that i found him the most intelligent man that ever i spoke with ; as fair beyond my expression , as expectation , grounded upon the information that was given mee ( before i knew him ) by such as i thought should have known him . i professe that i was oft-times astonish'd with the solidity and quicknesse of his reasons and replies ; wondred how hee , spending his time so much in sports and recreations , could have attained to so great knowledge , and must confesse ingenuously , that i was convinced in conscience , and knew not how to give him any reasonable satisfaction ; yet the sweetnesse of his disposition is such , that whatsoever i said was well taken ; i must say that i never met with any disputant ( let be a king , and in matters of so high concernment ) of that milde and calme temper , which convinced mee the more , and made mee thinke that such wisdom and moderation could not bee without an extraordinary measure of divine grace . i had heard much of his carriage towards the priests in spaine , and that king james told the duke of buckingham upon his going thither , that he durst venture his sonne charles with all the jesuites in the world , hee knew him to bee so well grounded in the protestant religion , but could never beleeve it before . i observed all his actions , more particularly those of devotion , which i must truly say , are more then ordinary ; i informed my selfe of others who had served him from his infancy , and they all assured me that there was nothing new or much inlarged in regard of his troubles , either in his private , or publique way of exercise ; twice a day constantly , morning and evening for an houres space in private ; twice a day before dinner and supper in publique , besides preachings upon sundayes , tuesdayes , and other extraordinary times ; and no businesse though never so weighty and urgent can make him forget , or neglect this his tribute and duty to almighty god . o that those who sit now at the helm of these weather beaten kingdomes had but one halfe of his true piety and wisdome ! i dare say that the poore oppressed subject should not bee plunged into so deepe gulfes of impiety , and miserie without compassion or pittie ; i dare say , if his advice h●d beene followed , all the bloud that is shed , and all the repain that is committed , should have beene prevented . if i should speake of his justice , magnanimity , charity , sobriety , chastity , patience , humility , and of all his both christian and morall vertues , i should runne my selfe into a panegyricke , and seeme to flatter him to such as doe not know him , if the present condition that i lye in did not exeem me from any such suspition of worldly ends , when i expect every houre to bee called from all transitory vanities to eternall felicitie ; and the discharging of my conscience before god and men , did not oblige me to declare the truth simply and nakedly , in satisfaction of that which i have done ignorantly , though not altogether innocently . if i should relate what i have received from good hands , and partly can witnesse of my owne knowledge since these unhappy troubles began , i should inlarge my selfe into a history : let these briefe characters suffice . no man can say that there is conspicuously any predominant vice in him , a rare thing in a man , but farre rarer in a king ; never man saw him passionately angrie , or extraordinarily moved , either with prosperity , or adversity , having had as great tryalls as ever any king had ; never man heard him curse , or given to swearing ; never man heard him complaine , or bemoane his condiction , in the greatest durance of warre and confynement ; when hee was separated from his dearest consort , and deprived of the comfort of his innocent children , the hopefullest princes that ever were in these ingrate kingdomes : when hee was denuded of his councellors and domestique servants ; no man can complaine of the violation of his wife or daughters , though hee hath had too many temptations in the prime of his age , by the inforced absence of his wife which would bee hardly taken by the meanest of his subjects : and ( which is beyond all admiration ) being stript of all councell and helpe of man , and used so harshly as would have stupified any other man , then did his undaunted courage , and transcendent wisdome shew it selfe more clearly , and vindicate him from the obloquy of former times , to the astonishment of his greatest enemies : i confesse this did so take me that i could not but see the hand of god in it , and which will render his name glorious , and ( i greatly feare ) ours ignominious to all posterity , hee stands fast to his grounds , and doth not rise and fall with successe , the brittle square of humane actions , and is ever ready to forgive all by past injuries to settle a present solid peace , and future tranquility , for the good of his subjects ; nay , for their cause hee is content to forgoe so many of his own known , undoubted just rights ; as may stand with their safety , as salus populi est spurema lex , so , & si parendum est patri in eo tamen non parendum quo efficitur ut non sit pater . [ seneca . ] i confesse that i could have wished an establishment of our presbyteriall government , in the kirke of england , for the better vnion betweene them and us , but i finde the constitution of that kingdome , and disposition of that nation so generally opposite , that it is not to bee expected : they are a people naturally inclined to freedome , and so bred in riches and plenty , that they can hardly bee induced to embrace any discipline that may any waies abridge their liberty and pleasures . that which wee esteeme a godly kirk policy , instituted by the lord christ , and his apostles , is no better to them then a kinde of slavery , and some doe not stick to call it worse then the spanish inquisition : nay , even the greatest part of those who invited us to assist them in it , and sent hither their commissioners to induce us to enter into a solemn nationall covenant for that effect , having served their turne of us , to throw downe the king and the prelaticall partie , and to possesse themselves with the supreame government both of kirke and state ; are now inventing evasions to bee rid of us , and to delude it , some of them publishing openly , in pulpits and print : that the sacred covenant was never intended for the godly , but only as a trap to ensnare the malignants , which cannot but bring heavy judgements from heaven , and , i am afraid , make a greater dis-union betweene these nations , then ever was before : like unto that bellum gallicum , quod sexcentis foederibus compositum , semper renovabatur [ canon. lib. 3. chron in here . 5. an. dom . 1118. ] with a deluge of christian blood , and almost ruine of both parties ; or like unto that bellum rusticanum in germania , in quo supra centena millia rusticorum occubuerunt . [ idem an. dom . 1524. ] or most of all , both in manner and subject , resembling that of john of leydon , munser and knoperduling , [ idem an , 1534. ] which tooke it's rise from the former ; so many different sects spring up daily more and more amongst them , which all like ephraim and manasses , herod and pylate , conspire against the lord's-anoynted , and the true protestant religion . the city of london , that was so forward in the begining of this glorious reformation , surpasses now amsterdam in number of sects , and may bee compared to old rome , quae cum omnibus penè gentibus dommaretur omnium gentium erroribus serviebat , & magnam sibi vidèbatur assumpsisse religionem quia nullam respuebat falsitatem . [ leo in serm. de petro & paulo . app. ] their trausgressions are like to bring them to that confusion of the israelites when they had no king , [ judg. 21. ] every one did what seemed good in his owne eyes , because they feared not the lord ; [ ihos . 10. ] they said , what should a king doe to us ? the young men presumed to bee wiser then the elder , [ isai 3. ] the viler sort despised the honourable , [ lament . ult. ] and the very serving-men ruled over them . i professe , when i saw these things so cleerly , i could not blame the king to bee so backward in giving his assent to the setling of our presbyteriall discipline in that kirke , for the great inconveniences that might follow thereupon , to him and his posteritie , there being so many strong corporations in that kingdome to leade on a popular government , such a number of people that have eyther no , or broken estates , who are ready to drive on any alteration , and so weake and powerlesse a nobility to hinder it . multos dulcedo praedarum , plures res angustae vel ambiguae domi alios scelerum conscientia stimulabat . [ c. tacit. ] let mee therefore exhort and conjure you , in the words of a dying man , and bowels of our lord christ , to stand fast to your covenant , and not to suffer your selves to bee abused with fain'd pretences , and made wicked instruments to wrong the kirke and the king , of their just rights and patrimony . remember the last propheticall words of our first blessed reformer , that after the subduing of the papists , foretold us the great battell remain'd against manifold temptations of the devill , the world and the flesh , and especially against the sacrilegious devourers of the kirke rents , which will not bee wanting now with baites cunningly lay'd upon golden hookes to ensnare the greatest amongst you both in kirke and state , but i beseech you in the words of our blessed saviour to be wise as serpents and milde as doves , let no worldly consideration induce you to slide backe from the true meaning of our holy covenant with the all-seeing god ; who punished saul in his sonnes for the breach even of an unlawfull covenant with the gibeonites . [ 2. sam. 21. ] remember the supplication of the generall assembly at edenburgh , given in to the earle of trawhaire [ sess. 23 act. 2 ] his majesties high commissioner 12 aug. 1639 recorded both in the publique regester of our kirke and parliament , whereby to obviate malignant aspersions [ 2 caroli act. 5. sess. 7 junij 1640 ] that branded us maliciously with an intention to shake off civill and dutifull obedience due to soveraignty , [ verbatim ex registro ] and to diminish the kings greatnesse and authority , and for clearing of our loyalty ; wee in our names and in the name of all the rest of the subjects and congregations whom wee represent , did in all humility represent to his grace and the lords , of his majesties most honourable privie councell , and declared before god and the world that wee never had , nor have any thought of withdrawing our selves from that humble and dutifull obedience to his majestie and his government which by the descent , and under the raigne of 107 kings is most cheerfully acknowledged by us and our predecessors , and we never had , nor have any intention or desire to attempt any thing that may tend to the dishonour of god , or diminution of the kings greatnesse and authority , but on the contrary acknowledging with all humble thankfullnesse the many recent favours bestowed upon us by his majesty , and that our quietnesse , stability and happinesse , depends upon the safety of the kings majesties person , and maintenance of his greatnesse and royall authority who is gods vicegerent set over vs for the maintenance of religion and administration of justice , wee did solemnly sweare , not only our mutuall concurrence and assistance for the cause of religion , and to the uttermost of our power with our meanes and lives to stand to the defence of our dread soveraigne , his person and authority , in the preservation and defence of the true religion , lawes , and liberties of this kirke and kingdom ; but also in every cause , which may concerne his majesties honour , to concurre with our friends and followers in quiet manner or in armes , as wee should bee required of his majestie , his councell , or any having his authority , according to the lawes of this kingdome , and the duty of good subjects . and though some malignant spirits wrest maliciously some words of our covenant , act. 3. contrary to the true meaning thereof , as if wee intended thereby to restrayne our allegiance contrary to the apostles precept and nature of our duty , and make religion a back-dore for rebellion to enter in at ; if there bee any of the simpler zealous sort that conceive the sense to be such , or if there bee any others that would make use of it for their politique ends , wee disclaime them : and i declare before god and the world that it was farre from the intention of those that contrived it , to wrong the king and his posteritie , as the plaine words of that article in the close doe clearly beare ; and the foresaid supplication doth manifestly declare , their intent being only to have setled a conformity in kirke government throughout all his majesties dominions , which they conceived would have strengthened his majesties authority and made him and his posterity more glorious : but since wee finde many invincible difficulties and intollerable inconveniences arise , chiefely from those who invited us to enter therein for their assistance in the accomplishment thereof in that kirke , and so clearly that they intend to delude us with vaine glosses and distinctions to the destruction of true protestant religion , and monarchicall government , and perceive , to our great griefe , that wee have beene abused with most false aspersions against his majestie ; the most religious , prudent , and best of kings : i doe further declare before god and the world that they are guilty of the breach of the sacred covenant , and that wee have discharged our duty thereof ( which is only promissory & conditionall as all oathes de futuro are ) by endeavouring to effectuate it quantum in nobis erat , and that wee are absolved in foro poli & soli of any oath or vow conteined therein , in so farre as concernes the setling of religion in the kirke of england and ireland , and that wee are only bound thereby to preserve the reformation of religion in our own kirke and kingdome confirmed by his sacred majesty in parliament , and to restore our native king to his just rights , royall throne and dignity , in as full and ample a manner as ever any of his royall predecessors injoyed them , and that the mouthes of all malignants may bee stopped , that it may not bee said presbytery fetters monarchy as independency destroyes it , who cast up to us the holy league and covenant of france as a pattern on the mont of ours . therefore i exhort and conjure you , again and again , in the bowells of our lord christ , and words of a dying man , especially my brethren of the ministry ; as you expect a blessing from god upon this distressed , distracted kirke and kingdome , upon you and your posterity ; as you desire to remove gods heavie judgements from this miserable land , the sword and pestilence , and what else may follow , which i tremble to thinke of ; to stand fast and firme to this poynt of your covenant , which you were bound to before by the law of god and of this land , and never suffer your selves by all the gilded allurement of this world , which will prove bitter and deceitfull at last , to relinquish it : stand fast to your native king most gracious to this land farre beyond all his predecessors ; none owes greater obligation to him then the ministry and gentry , let not an indelible charracter of ingratitude lye upon us that may turne to our ruine . the protestants of france when they were happy in the free profession of their religion suffred themselves to bee abused and misled by some great ones unto a rebellion against lewis 13 , their naturall king , which cost many of them their lives and estates and the losse of all their hostage townes , and might have endangred their libertie of conscience , if the king had not beene very gracious to them , the templers pride and ambition rendred them formidable to all christian kings and made them to bee cut off in the twinkling of an eye . the jesuites are running hedlong to that same height ; and our bishops , not contenting themselves with moderation , were made instruments of their own destruction ; as some of our brethren before by their indiscretion inforced king james to set them up ; wherefore i beseech you my brethren of the ministrie to carry your selves mildly toward all men , [ tit. 3. ] and obediently towards the king and his subordinate officers , [ rom. 13. ] preach salvation to your stocks , [ 1. pet. 2. ] and meddle not with them that are seditious ; keepe your selves within the bounds of our blessed saviours [ prov. 24. ] commission and doe not , as the bishops did , intrench upon the civill magistrates authority , that yee may live in peace and godlinesse together as becometh the messengers of the lord christ , non eripit terrestria qui regna dat coelistia . god of his mercy grant you all , the spirit of love and union that you may joyne as one man to redeeme the honour of this ancient nation , which lyes a bleeding in forraigne parts where it was once so famous for its valour and fidelitie even to forraign kings ; to redeeme it i say even with your lives and fortunes according to your solemne covenant and the duty of your allegiance to your native king ; consider i beseech you your own interests , besides honour and conscience , and never rest untill you have restored him fully to his royall throne and dignity ; let us his native subjects , bee his best shield and buckler under god , to defend him from all enemies , and to transmit his scepter to his posterity so long as the sunne and moone endureth , and let our forces bee imployed for the restitution of the most religious and vertuous queene of bohemiae and her distressed children , to their just inheritance and for the pulling down of the antichrist and enlarging of our lord christs kingdome throughout all the world . c. tacitus . in tanta republicae necessitudine , suspecto senatus , populique imperio ob certamina potentium & avaritiam magistratuum invalido legum auxilio , quae vi , ambitu , postremo pecunia turbabantur ; omnem potestatem ad unum reddire pac is interfuit , non aliud discordanis patriae remedium quam ut ab uno regeretur . finis . a caveat for covenant-contemners and covenant-breakers. vicars, john, 1579 or 80-1652. this text is an enriched version of the tcp digital transcription a95881 of text r210679 in the english short title catalog (thomason 669.f.11[97]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 28 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a95881 wing v296 thomason 669.f.11[97] estc r210679 99869454 99869454 162749 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a95881) transcribed from: (early english books online ; image set 162749) images scanned from microfilm: (thomason tracts ; 246:669f11[97]) a caveat for covenant-contemners and covenant-breakers. vicars, john, 1579 or 80-1652. 1 sheet ([1] p.) printed by john macock for john rothwel and edward husbands, london : 1648 [i.e. 1647] signed at end: john vicars. thomason received his copy in november 1647. annotation on thomason copy: "nou: 21 1647"; "1647". reproduction of the original in the british library. the preface or preamble to the covenant -the covenant -scripture commands and encouragement to covenant-makers and keepers -scripture terrours and threatenings, to covenant-breakers and despisers -the names of all the knights and burgesses in the house of commons, in parliament, that, at first, took the covenant -two most remarkable and visible examples of gods wrath against covenant breakers and despisers; the one divine, the other humane; both observable. eng solemn league and covenant (1643). -early works to 1800. great britain -church history -17th century -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a95881 r210679 (thomason 669.f.11[97]). civilwar no a caveat for covenant-contemners and covenant-breakers. vicars, john 1647 4572 1 0 0 0 0 0 2 b the rate of 2 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2007-06 tcp assigned for keying and markup 2007-06 aptara keyed and coded from proquest page images 2007-07 emma (leeson) huber sampled and proofread 2007-07 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a caveat for covenant-contemners and covenant-breakers . the sacred and solemn league and covenant mutually made and entred into by the three kingdomes of england , scotland , and ireland , for the religious advancement of the glorious work of reformation , in the said three kingdoms in life , doctrine , and church-government . the preface or preamble to the covenant . wee , noblemen , barons , knights , gentlemen , citizens , burgesses , ministers of the gospel , and commons of all sorts in the kingdome 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 glorie of god and the advancement of the kingdome of our lord and saviour jesus christ , the honour and happiness of the kings majesty and his posterity , and the true publick liberty , safety and peace of the kingdomes , wherein every ones private condition is included ; and calling to mind the treacherous and bloody plots , conspiracies , attempts and practises 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 their rage , power , and presumption are of late , and at this time , increased and exercised , whereof the deplorable estate of the church and kingdome 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 publike testimonies . we have now , at last ( after other means of supplication , remonstrance , protestations , and sufferings ) for the preservation of our selves and our religion , from utter ruin and destruction ; according to the commendable practise 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 league and covenant , wherein we all subscribe , and each one of us with our hands lifted up to the most high god , do swear ; the covenant . 1. that we shall sincerely , really , and constantly , through the grace of god , endeavor in our severall places and callings , the preservation of the reformed religion , in the church of scotland , in doctrin , worship , discipline and government , against our common enemies , the reformation of religion , in the kingdomes 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 endeavor to bring the churches of god in the three kingdomes , to the nearest conjunction and uniformitie in religion , confession of faith , form of church government , directorie 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 dwel in the midst of us . 2 that we shall in like manner without respect of persons , endeavor the extirpation of popery , prelacy , ( that is , church government , by arch-bishops , bishops , their chancellors and commissaries , deans , deans and chapters , arch-deacons , and all other ecclesiasticall officers depending on that hierarchie ) superstition , heresie , schism , profanness , and whatsoever shall be found to be contrarie to sound doctrine and the power of godliness ; lest we partake in other mens sins , and thereby be in danger to receive of their plagues , and that the lord may be one in the three kingdomes . 3. we shall with the same sincerity , reality , and constancie , in our severall vocations , endeavour with our estates and lives mutually to preserve the rights and priviledges of the parliament 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 witness with our consciences of our loyalty ; and that we have no thoughts or intentions to diminish his majesties just power and greatness . 4. we shall also , withall faithfulness , endeavour the discoverie of all such as 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 among the people , contrary to this league and covenant , that they may be brought to publike tryall , and receive condign punishment , as the degree of their offences shall require or deserve , or the supreame judicatures of both kingdomes respectively , or others having power from them for that effect , shall judge convenient . 5. and whereas the happinesse of a blessed peace between these kingdomes , denyed in former times to our progenitors , 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 firme peace and union to all posterity , and that justice may be done upon the wilfull opposers thereof , in manner expressed in the present articles . 6. 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 or withdrawn from this blessed union and conjunction , whether to make defection to the contrary part , or give our selves to a detestable indifferencie , or neutrality in this cause which so much concerneth the glory of god , the good of the kingdomes and honour of the king ; but shall all the dayes of our lives , zealously and constantly continue therein against all opposition ; and promote the same according to our power against all lets and impediments whatsoever ; and what we are not able our selves to suppresse or overcome we shall reveal and make known , that it may be timely prevented or removed . all which we shall do as in the sight of god . 7. and because these kingdomes are guilty of many sins and provocations against god , and his son jesus 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 own sins , and for the sins of this kingdome ; especially that we have not as we ought , valued the inestimable benefit of the gospel , that we have not laboured for the purity and power thereof , and that we have not endeauoured to receive christ into our hearts , nor to walk worthy of him in our lives , and each one to go before another in the example of a reall reformation ; that the lord may turn away his wrath and heavie indignation , and establish these churches and kingdomes in truth and peace . and , this covenant we make in the presence of almighty god the searcher of all hearts , with a true intention to perform the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed ; most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to blesse our desires and proceedings with such successe as may be deliverance and safety to his people , and encouragement to other christian churches , groaning under or in danger of the yoak of antichristian tyranny , to joyn in the same or like association and covenant , to the glorie of god , the enlargement of the kingdome of jesus christ , and the peace and tranquility of christian kingdomes , and common-wealths . scripture commands and encouragements to covenant makers and keepers . exod. 19. 5. if ye will obey my voyce , indeed , ( saith the lord god ) and keep my covenant ; then , ye shal be a peculiar treasure unto me , above al people . numb. 30. 21. if a man vow a vow unto the lord or swear an oath to binde his soul with a bond , he shal not break his word , he shal do according to all that proceedeth out of his mouth . deut. 23. 21. when thou shalt vow a vow unto the lord thy god , thou shalt not slack to pay it ; for , the lord thy god will ( surely ) require it of thee , and it would be sin in thee . 2 chron : 15. 12 , 13 , 14 , 15. and they entred into a covenant to seek the lord god of their fathers , with all their heart , and with all their soul . and , that , whosoever would not seek the lord god of israel , should be put to death , whether great or small , whether man or woman . and they sware unto the lord with a loud voyce , and with shouting and with trumpets and with cornets . and all judah rejoyced at the oath ; for they had sworn with all their heart , and sought the lord with their whole desire , and he was found of them ; and the lord gave them rest , round about them . 2 chon . 29. 10. now it is in my heart , to make a covenant with the lord god of israel , that his feirce wrath may turn away from us . 2 chron. 34. 31 , 32. and the king stood in his place and made a covenat before the lord , to walk after the lord , and to keep his commandments and his testimonies , and his statutes , with all his heart , and with al his soul to perform the words of the covenant , which are written in gods book . and he caused al that were present , in jerusalem and benjamin to stand to it . and the inhabitants of jerusalem did according to the covenant of god , their father . psal. 25. 10. all the paths of god are mercy and truth , to them which keep their covenant . psal. 50. 14. offer to god praise and thanksgiving , and pay thy vowes unto the most high . psal. 103. 17 , 18. the mercy of the lord is from everlasting to everlasting , upon them that fear him , and his righteousness to childrens children , to such as keep his ( or their ) covenant . isaiah 56. 4 , 5 , 6 , 7. thus saith the lord unto the eunuchs , and to all that keep my sabboths , and chuse the things that please me , and that imbrace and keep my covenant : even unto them all will i give , in mine house and within my wals , a place and a name better than of sons and of daughters ; i wil give an everlasting name that shal not be cut off ; even unto every one that keepeth the sabboth from polluting it , and that taketh hold of my covenant to keep and do it . even them wil i bring to my holy mountain , and make them joyful in my house of prayer ; and al their burnt offerings and their sacrifices shal be accepted by me . jerem. 50. 4 , 5. in those dayes , and in that time ( saith the lord ) the children of israel shal come , they and the children of judah together ( just as scotland and england have done ) going and weeping ; they shal go and seek the lord their god . and they shal aske the way to sion , with their faces thither-ward , saying ; come and let us joyn our selves to the lord , in a perpetuall covenant that shal not be broken nor forgotten . scripture terrours and threatnings , to covenant-breakers and despisers . levit. 26. 25. i will bring a sword upon you , which shal avenge the quarrel of my covenant . 2 chron. 26. 25. whosoever would not seek the lord god of israel ( by entring into and keeping covenant with god ) was to be put to death , whether great or small , whether man or woman . nehem . 9. 29. they entred into a curse , and into an oath to walk in the laws of god . therefore to enter into a covenant with god and not to keep it , or perform it , is to be accursed . esay . 24. 5. the earth is defiled under the inhabitants thereof , because they have transgressed the laws , changed the ordinances , and broken the everlasting covenant . psal. 78. 37 , their heart was not right with god , neither were they stedfast in their covenant . esay . chap. 33. 8. the highwayes lye waste , the wayfaring man ceaseth , he hath broken the covenant . jerem. 11. v. 10. 11. the house of israel , and the house of judah have broken my covenant , which i made with their fathers . therefore , thus saith the lord , behold , i wil bring evil upon them , which they shal not be able to escape , and though they shal cry unto me , i wil not hearken unto them . jerem. chap. 11. v. 10. 11. thus saith the lord god of israel , cursed be the man that obeyeth not the words of the covenant . jerem. 34. 18. 19. 20. i wil give the men that have transgressed my covenant , and which have not performed the words of the covenant which they made before me , into the hands of their enemies , and into the hands of them that seek their life . ezek. 16. 59. thus saith the lord god , i wil even deal with thee , as thou hast done , which hast despised the oath , in breaking the covenant . ezek. 17. 15. 16. 18. 19. shal he prosper , shal he escape that doth such things ? or , shal he break the covenant and be delivered ? as i live saith the lord god , surely , in the place where the king dwelleth , that made him king , whose oath he hath despised , and whose covenant he hath broken , even with him , in the midst of babylon he shal dye . seeing he despised the oath by breaking the covenant ( where as , lo , he had given his hand ) and hath done all these things . therefore , thus saith the lord god , as i live , surely , mine oath which he hath despised , and my covenant that he hath broken , even it wil i recompence upon his own head . hosea . 1. 9. they have spoken words , swearing falsly , in making a covenant ; thus judgment springeth up like hemlock , in the furrows of the field . amos . 1. 9. thus saith the lord , for 3. transgressions of tyrus , and for 4 , i wil not turn away the punishment thereof , because they delivered up the whole captivity to edom , and remembred not the brotherly covenant . mala . 2. 10. have we not one father ? hath not one god created us ? why do we ( then ) deal treacherously , every man against his brother , by prophaning the covenant of our fathers . mat. 5. 33. thou shalt not forswear thy self , but shalt perform thine oaths and vows unto the lord . rom. 1. 31. covenant-breakers , are reckoned in the number of the worst of sinners . the names of all the knights and burgesses in the house of commons , in parliament , that , at first , took the covenant . wil. lenthal , speaker . benchamp st. john . gilbert gerard . walter earl . james cambel . thomas cheek . robert nicholas . benjamin rudyard . john gurdon . robert harley . francis knollys . edward master . john white . anthony stapley . dennis bond . laurence whitaker . michael noble . peregrine hoby . william cawley . john moyl . john pyne . george searl . hen. vane , senior . nevil pool . john yong. henry herbert . thomas sandis . william jesson philip lord herbert . tho. barrington . martin lumley . john trevor . fran. godolphin . thomas arundel . edward stephens . gilbert pickering . john greve . oliver cromwel . henry vane , junior . william cage . richard erisey . philip lord lisle . wil. heveningham . isaac pennington . rich. cresheld . thomas pelham . thomas parker . john leigh . john harris . walter yong. augustine skinner . john ven. wil. strickland . john francklin . samuel brown . robert seawen . roger hill . john button . john meyrick . ambrose brown . richard win. edward owner . charls pim. cha. lo. cranborn . benja . weston . john nutt . john corbet . roger burgoyn . peter temple . benja . valentine . tho. walsingham . oliver luke . william alenson . humph. salwey . richard moore . william ashurst . thomas moore . thomas fountain . william ellys . henry shelley . rich. shutleworth . george gallop . henry ludlow . robert wallop . arthur hasilrig . oliver st. john . thomas grantham . fran. barnham . wil. l. fitzwilliams edmund dunch . hen mildmay . hugh rogers . thomas hatcher . john wray : simon d' ewes . antho. benningfield john ash . wil. lord munsun . martin lister . robert goodwin . edward thomas . henry lucas . miles corbet . philip smith . cornelious holland wil. spurstow . iohn lowrey . peter wentworth . henry cholmley . phil. stapleton . wil. berrepoint . roger north . alexan. popham . thomas hodges . iohn maynard . sam. vassal . anthony irby . iohn clotworthy . iohn broxolme . rich. iervoise . iohn blackistone . walter long . iohn rolle . robert iennor . iohn waddon . wil. masham : iohn lisle . edm. fowel . edw. ash . thomas pury . rich. whitehead . richard iennings . humph. tufton . thomas dacres . toomas erle . iohn downes . iohn goodwin . francis drake . wil. waller . samuel luke . francis buller . richard harman . george buller . arthur onslow . richard winwood . robert pye . he. l. grey of ruthen richard knightley . iohn pim. christo . yelverton . anthony nicoll . peter wroth. robert reynolds . nath. barnardiston . henry heyman . wil purefoy . valen. walton . micha . oldsworth . wil. wheeler . hall ravenscroft . tho. l. grey of groby tho. midleton . edw. hungerford . christo . wray . richard see . harbert morley . thomas lane . robert cecill . william bell . thomas soam . harbot . grimstone . simon snow . iohn nash . ralph ashton . iohn wilde . iohn trenchard . tho. iervoise . rich. brown . wil. playters . nat. stephens . richard rose . francis rous. gilb. millington . iohn brown . iohn h●ppissey . edward pool . henry pelham . william hay . iohn driden . nat. fienes . william lewis . gyles green . william litton . iohn harvey . edward douce . william stroad . edm. prideaux . tho. hoyl . edw. exton . fran. popham . zouch tate . iohn curson . alexan. bence . iohn glyn. rich. onslow . iohn cook . tho. lo. wenman . bolstrode whitlock . goe . mountague . edw. partriche . henry campion . wil. whitaker . denzil hollis . edw. wingate . iames fenys . poynings moore . edw. biss , junior . wil. iephson edw. mountague . walt. knatchboll . thomas eden . two most remarkable and visible examples of gods wrath against covenant breakers and despisers ; the one divine , the other humane ; both observable . 1. josuah having made a league and covenant with the gibeonites , ( notwithstanding they had craftily circumvented and deceived josua therein ) which remained inviolable among the children of israel , till the dayes of king saul who , in his foolish zeal , had ( it seems ) slain some of the gibeonites , and endeavoured to have destroyed them all from among the israelites : hereupon the wrath of the lord was greatly incensed against israel , which brake not out til king davids dayes , who was sorely vexed with a fearful famine over the whole land , for at least 3 , years together incessantly : which so greatly grieved and troubled david , that he enquired of the lord what might be the cause thereof ; and the lord answered him , that it was for sauls sake , and for his bloudy-house , because he had broken the covenant , and slain the gibeonites , and his wrath would not be appeazed , till holy david , in just revenge of this breach of covenant , had delivered up unto the gibeonites ( as they , by gods wil , had demanded ) 7 of sauls sons , or nearest kindred to be hanged by them , as they were , and then ( and not till then ) was god pacified , and the famine immediatly ceased . josua 9. & 2. sam. 21. 2. vladislaus king of hungary , and amurath the great emperour of turkie , after fierce wars between them , having concluded a happy and honourable peace for the said king of hungary , and they having entered into a solemn league and truce , by interchangeable writings , sealed and delivered each to other ; not long after , julian , a cardinal of rome , having perswaded him to renounce and violate this covenant and peace ; the king of hungary secretly prepared mighty forces suddainly to invade and set upon the turks territories , and amurath the great turk , at last hearing of this unexpected invasion by vladislaus , made mighty preparation ( presently ) to oppose him ; entred into a pitcht field against him , in brief , amurath , observing a mighty slaughter of his men , and himself , and his whole army in great danger to be utterly discomfitted , and beholding also in the hungarian-displayed-baners , the picture of a crucifix , he presently pluckt forth the writing out of his bosom , wherein the late league or covenant was comprised , and holding it up in his hand , with his eyes cast up to heaven , he said these words . behold , thou crucified christ , this is the league thy christians , in thy name , made with me , which they have without cause violated . now , if thou be a god , as they say thou art , revenge the wrong now done unto thy name , and unto me , and shew thy power upon thy pernicious people , who in their deeds deny thee their god ; presently after this , the fight was fiercely followed on both sides , but it pleased the lord , that vladislaus was put to the worst , and in the fight , slain by one of the turks janizaries , and his head cut off , and presented to amurath , in the midst of the battel , who commanded it to be set on the top of a lance , and carryed up and down in the field , to the terror of the christians , who presently fled and left amurath , total victor , with a most mighty and lamentable slaughter of the christians . from both which most pregnant and eminent examples , we may profitably make this pertinent use and applycation . that if the lord god hath so tender a respect to the exact performance of leagues and covenants , made not only 'twixt man and man , christian and christian , but even between christians and turks , or infidels ( such as the gibeonites and this amurath were ) o how much more tenderly affected , and severely exasperated , wil he be for the breach of covenants , made betwixt his own glorious holyness , ( who is a consuming fire ) and wormling-man ( who is but as combustible-stubble in his presence ) o consider this , and lay it timely and sadly to heart , o all ye malignants and schismaticks , who ( now adayes ) dare so audaciously and maliciously scorn and contemn , and so hypocritically , to violate and break this so rational and religious , so holy and honest , yea , i say , so pious and precious a covenant , most duly and deliberately taken heretofore ) by very many of you . o , whoever ye be , and wheresoever ye sit and shroud your selves , tremble , yea tremble i say , and be astonisht and confounded , at your so treacherous , and most audacious dealing with the most high god and us : and for the same , expect ( for certain , gods word is my warrant , you see , for what i say , and these 2 , examples ratifie it ) expect ( i say ) the curse of god like a flying roul , even some suddain and sore plague or punishment , inevitably to fall upon you or yours ( if not upon you and yours ) if ye timely and truly repent not ; which the lord give unto you ( as space , so ) grace , to perform and do it . amen . by john vicars . london , printed by john macock for john rothwel and edward husbands . 1648. a solemn discourse vpon the sacred league and covenant of both kingdomes, opening the divinity and policy of it: / by john saltmarsh, master of arts, and late pastor of hesterton in yorkshire. saltmarsh, john, d. 1647. this text is an enriched version of the tcp digital transcription a93705 of text r210075 in the english short title catalog (thomason e253_7). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 31 kb of xml-encoded text transcribed from 5 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a93705 wing s502 thomason e253_7 estc r210075 99868906 99868906 159150 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a93705) transcribed from: (early english books online ; image set 159150) images scanned from microfilm: (thomason tracts ; 43:e253[7]) a solemn discourse vpon the sacred league and covenant of both kingdomes, opening the divinity and policy of it: / by john saltmarsh, master of arts, and late pastor of hesterton in yorkshire. saltmarsh, john, d. 1647. 8 p. printed for lawrence blaiklock, london, : 1644. caption title. annotation on thomason copy: "march 21. 1643"; the final 4 in imprint date crossed out. reproduction of the original in the british library. eng solemn league and covenant (1643). -early works to 1800. great britain -church history -17th century -early works to 1800. a93705 r210075 (thomason e253_7). civilwar no a solemn discourse vpon the sacred league and covenant of both kingdomes,: opening the divinity and policy of it: / by john saltmarsh, mast saltmarsh, john 1644 5396 9 0 0 0 0 0 17 c the rate of 17 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-05 tcp assigned for keying and markup 2007-05 aptara keyed and coded from proquest page images 2007-07 angela berkley sampled and proofread 2007-07 angela berkley text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a solemn discovrse vpon the sacred league and covenant of both kingdomes , opening the divinity and policy of it : by john saltmarsh , master of arts , and late pastor of heslerton in yorkshire . london , printed for laurence blaiklock 1644. to the worthy covenanter . i could have given more , and more easie and common observations ; but these times call for di courses that work higher , and more quaintly ; i say not this to force any reputation upon the notions . this covenant is the most glorious rise of a reformation in any age ; mighty and powerfull are the principles of it ; and though this season of our solemnity be cloudie , and our evening bloodie , yet it is our saviours interpretation ; when it is evening , you say it will be fair weather , for the skie is red . covenant . the holy obligatory principles . in praeamb. having before our eyes the glory of god . and each one of us for himselfe , with our hands lifted up to the most high god . artic. 6. and this covenant we do make in the presence of almighty god , the searcher of all hearts , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . the discovrse . the power and excellencie of this covenant . a covenat is the last resort of the godly and wise christian ; and with this , he draws himself neerer heaven , and closer to that glorious essence , and the immediate flowings and emanation of an almighty power : a covenant is such an obligation , as sayes an ingagement upon the soule ; and as in tossings and storms at sea , the marriners find out no safer course then by casting out cords and anchors , to hold them at some period ; so in civill waves and spirituall fluctuations , there cannot be a more secure experiment , then this of covenanting , which is like the casting out our coards and anchors , as they did in st. pauls storm , vndergirding the ship and casting out four anchors . covenants , they are divine engines , which the godly have found out to winde up their soules from irregular wandrings and strayings , into heavenly heights and stations , the only remedy , and preventive against relapses & apostasies ; and those vertues and operations the saints have ever found in covenants : for such resolutions of soul , are but the finer cordage , which the spirit spins out , and twists from the substance of its own essence ; and now god and his angels have something to hold our souls by , even the operations and effluxes of our own spirits : and though god need none of those , but is able to keep us up by the immediate and indistant workings of his holy spirit , yet he is a god that is pleased to take us at our own rebound , and to admit us into that holy consociation , wee as workers together with him . he that covenants with god , by that very act doth carry up himself unto gods throne , and cites his soul to his tribunall , and then the majesty of god looks on him with a fuller gleam ; and so long as that glorious interview continues , or any sparkling or raying of it , man is awed from sinning , and stands trembling like the people of israel , while god appear'd upon the mount . and thus divine covenants , as they exalt and situate a soul in more glory then before , even in the glorious face of god , so they are the spirituall stayes and supports and strengthnings of a soule . god himself first drew forth his own essence into this course of covenants to abraham and moses , and joshua , and his people ; and from that covenant he went higher , to one of grace , besides the particular obligations of his , to noah and other saints , not as if he received any consolidation or conformation by it , or any such act of covenanting that he had not before ; not as if he begun to react upon himself in any new operation ( far be it from his immutable essence ) he was as firm and unchangeable in the eternall immanencie of his own before ever hee passed himself abroad into any such act of paction : and therefore he could not shew himself to man in the likenesse of any other notion , than , i am . only hee was pleased to light us by a beam of his own nature , into this duty of holy confederation , and to shew us a new way of spirituall advancement and establishment : how sacred then ? and how inviolable ought these to be ? which are made with a most high god ; when even pactions and promises , and covenants in friendships and lower confederations , are reputed holy . thus far of the power of the covenant upon the soul in that grand and heavenly ingagement ; now there is a power reflexive , and that is a return it makes from heaven , and in that return it brings with it something of god ; for the soul going up thither by a spirituall might and holy violence , brings away from thence graces and blessings , and the resort of many temporall mercies , as when moses had been looking god in the face , he brought a divine lustre upon his own , home with him . we see nehemiah's covenant had excellent concomitances , the dedication was kept with gladnesse , and singing and psalteries , and the people offered themselves willingly , and the businesse at jerusalem , and all the affairs of gods house went better on in all the particulars , nehem. 11. 3. 12. 27. the covenant of judah drew along with it the like blessings ; the lord was found of them and gave them rest ; and one more superlative blessing , not inconsistent with our calamity , maachah was removed from being queen , because she had made an idoll in a grove , 2 chron. 5. 25 , 26. and for this covenant of ours i am bold to say , it hath been in heaven already ; it came not only from thence in its first inspiration , but it hath had a return back , and by the power of that reflexive act , it hath brought down with it cheerfull concurrences and contributions in both kingdoms , and there are divine stirrings , and movings , and aspirations in the people of late : and as in the pool of bethesda the stirrings and troubles in the waters were the only signe of the angels coming down : so these waters in both kingdoms , which in the holy spirits language are people , do stir and move more of late , not only in their highest and supreme representative , but in their own places , which is an indication of some divine vertue , descended and co-operating . covenant . the reformation principles . in praeamb. 1. to indeavour the advancement of the kingdome of iesus christ . artic. 1. the reformation of religion in doctrine , worship , and discipline , according to the word of god , and the example of the best churches . artic. 6. the unfeigned desire to be humbled for our sins , and the sins of these kingdomes . discovrse . these are such maxims as will make a kingdome holy and happy , for holiness is the foundation and basis to all other blessings , and hath a perpetuating quality , and it is such a condition as god takes in at the felicitating of a person or people : seek first the kingdome of god , and all things shall be added unto you . the advancement of gods kingdom , was alwayes the advancement of the kingdom of israel ; and the glory of the one declined and set in the declination of the other : for the ark and the glory departed together , and both expired at once in a dolefull ichab●d . the advancement of christs kingdom hath been the designe of god from all eternity , and it is the designe of the godly too : god revealeth his secrets to his servants , and we have the minde of christ . now knowing so much of the counsels , and designes , and secrets , and minde of god , we are carried on by the same spirit to be aiding to that designe : now though the kingdom of christ be such a name as imports glory and dominion , yet it is not a glory of this world , but a spirituall glory , seated in bare and simple administrations ; such as are foolishnesse to the greek , and to the iews a rock of offence : and this kingdom of christ , like other monarchies , hath its rise and growth , its ages and improvements according to the propheticall latitude , being at no fulness nor perfectnesse , til the rest of the monarchies be conf●●med before it : this is that small excrescencie advancing out of the mountain , and by a power insensible exalting it self through al oppositions , working through atheisms , paganisms , idolatries , superstitions , persecutions , and all the carnall machinations into a lustre glorious , in the judgement of those only , who can spiritually discerne : the advancement of this kingdome is only attainable by a reformation to the word of god ; and here wee shall take occasion to part with all the models and idea's which are not to be found in holy scriptures ; it is markt there as a grand transgression to walk after the imagination of our own hearts : and that was said to ieroboams charge , that his priests & sabbaths , and worship , were such as he devised is his own heart : god will indure no such rivallity nor conjunctures with himself : it , is an incompleating the work of god , to build his house with our own timber : and as he made this world at first only after the pattern of his own counsels , so in this second work of the setting up a spirituall struct●●e for his glory , god thinks none worthy of co-ordination , in those things wherein his glory shall be sure to suffer in a distribution with his creatures , and his own image hath ever pleased him best , and therefore he made the best piece of his creation according to it . and where this kingdome of christ is , there is holinesse of doctrine , holinesse of government , holinesse of ordinances , holinesse of life ; god hath had a people at first whom he made his own , by speciall adoption , by eminent priviledges , by rare providences , by lawes and institutions , by worship and administrations . and now because darknesse in part is hapned to israel , god will still have a people that shall be his , and have their lawes and usages and formes from him ; their guidance and providences from him . this kingdome of christ is a company of godly gathered by his owne spirit , having their lord and saviour in the midst , confederated by an holy and sacramentall paction , ruled by the law of his will and spirit ; obeying his commands , whither in silent inspirations , or louder exhortations , either by a word behind us , and a saying , seek ye my face ; or by outward intimations and interpretations of his will , from such wayes of distribution and administration as he hath ordained ; studying what will adorne the gospel of iesus christ , and those that walk in the light and glory of it , being transformed from glory to glory , as by the spirit of the lord . now these principles , viz. the advancement of christs kingdome , and humiliation for sins , are such as will bring god into this kingdom , and seat him , and determine his presence , as the tabernacle , and ark , and temple , were the ingagements and inthronizations of , and mysterious fixations of gods divinity . they are likewise an advancement of the nation too , setting it higher then other nations , that was the preferment of the jewes that to them the oracles of god were committed . therefore they were said to dwell in the light , when other nations sate in the region and shadow of death . and that principle of reformation according to the word of god , and the best reformed churches , brings us closer to god , and consociates us with heaven , and makes us arrive at the highest mysterie , even the deniall of our selves , our own inventions , wil-worship , and superstitions ; pulling down at once all our relations to rome and popery , and working to he pattern ; so , that things which shall be seen , shall not be made of things which do appear : wee shall likewise be associated to the church of christ , and so incorporated more clearly and purely , and mystically , into the body of christ , we shall be now in a capacity with them , to partake equally of graces and priviledges : and thus the kingdome of christ gathers power and latitude , and stretches to the bredth of that prophecie , of the fulness of the gentiles , and gathers strength too against the present antichristian monarchie ; and by that other principle of humiliation , we obtain the qualification and condition for mercie and peace , we approach into terms of reconciliation with god ; if the wicked forsake his way , and the unrighteous man his thoughts , god will forgive , and abundantly pardon . what is it that thickens the cloud over us , but the evaporation & exhalation of our sins and iniquities , for our iniquities have turned away these things , and your sins have with-held good things from you . covenant . the principle of extirpation . in praeamb. calling to minde the treacherous and bloody plots , conspirarcies , attempts and practices of the enemies of god . artic. 2. that wee shall in like manner indeavour without respect of persons , the extirpation of popery and prelacie . discovrse . here lies the propheticall power of it against the church of rome , or antichristian monarchy , and the bloody plots and conspiracies are such fresh remembrances , as seal us to strong and perpetuall endeavours , we can read in the leaves of our former ages , their conspiracies still in red letters , and at this day we have a succession of their bloody designes , and i conceive the rise we take from their own foundations in blood , is but in holy paralell to him , into whose remembrance great babylon came to give unto her the cup of the wine of the fiercenesse of wrath ; and to his own peoples resolution , happy shall he be that rewardeth thee as thou hast served us ; and the treacheries and tyrannies of gods enemies have ever drawn along with them this resolution in gods people ; amaleck and asbur , and egypt , are standing examples of divine revenge . and for extirpation ▪ it is but a retaliation to their own just cruelty , who would raze out the name of israel , that it should be no more in remembrance . and what hath their endeavour in our kingdome of ireland been , but an eradication of our memories . and our confederations now , cannot but be powerful in the very notion ; nationall leagues have brought forth great effects in stats & kingdoms , in the mutual aydings & assistings ; and therfore israel sent to syria , & judah to assyria , and iudah to israel and other kingdoms have sought to one another for such combinations , in any grand enterprise ; that famous design of christendome , which was such a universall confederation against the turk , onely it was a designe in a wrong channell ; therefore the more spirituall that leagues are , the more powerfull ; that which made israel so famous in their conquests to canaan , was the association of the tribes , and the arke of god amongst them , therefore the philistims cryed out , woe unto us , the arke of god is in the campe of the hebrewes ; and when they marched with the arke amongst them , iordan was driven back , and the mountains and little hills were removed , the walls of iericho fell ; and certainely this grand and blessed association of the three kingdoms , is a glorious portent to the destruction of rome it selfe , carrying amongst them such an arke and gospel ; this is the first time that ever the sun saw such a triple confederation against the triple crown , so many states , so solemnly combined against the popish hierarchy ; this is the time the spirit of god hath set up a standard ; this is a faire rise , and improvement to the prophecie , when the princes of the earth shall gather themselvs together , and shall agree to make her desolate . i know there hath beene many confederations , but they were narrower than this , and so , opposings , and strong ones too , and by confederacies too ; yet those were but single to this , when our princes in their eyes appeared in their graduall extirpations , our henry , and edward , and elizabeth , when in scotland , they against the french power and idolatry , ayded by a power from this kingdom : yet these were not from such strong resolutions , such able principles , such a sacred covenant ; they were but ordinary and civill contributions , and weak strivings , and so had shorter extirpations , and relapses , and had little more of religion , then brought them into the fields , and enabled them to break down images : the confederations and covenants in germany , so many princes and states entring into a solemn protestation upon luthers discoveries ; the confederations of those in holland , and those states in the netherlands ; the confederation of those princes in france ; but these had their ebbings and flowings . but now , as if this were the antichristian crisis , and as if the reformation had recovered the period of declination , three kingdoms strike into a sacred league ; and now me thinks i hear the angell saying to us , the prince of the kingdom of persia withstood me one and twenty dayes , but loe , michael one of your chiefe princes came in to help me , and now i am come to make you understand what shall befall in the latter daies ; now me thinks the set time to favour sion is come , her servants take pleasure in her stones . and for the extirpation of prelacie , though it be a government rivetted into our laws and usages ; and into the judgements , and consciences of some , through a mistaken and colluding divinity , yet let us not like the jewes , lose our gospell , with holding our laws too fast ; i know this kingdom hath ever been a retentive nation of customes , and old constitutions , and it parted but sadly with its old paganisme , and with its latter antichristianisme , in the desolation of abbies and priories ; and hence it is that reformations in this nation , hath been with such little power and duration , for we have ever easily gone back with a new successour , never taking in so much of the power of godlinesse , as should be able to make us live protestants to another succession ; and especially the superstitions and idolatries of late , were woven with such strange and plausible insinuations ; episcopacie was got upon the bottome of mis-interpreted scriptures ; and the whole government upon a pretended antiquity ; and the innovations upon a spirituall decencie and order ; upon an ecclesiasticall magistrality , & reverend infallibility , and prodigeous policy ; as if there were no way to bring a papist to church , but by going with him to rome first ; if we consider well we shall finde cause enough to remove these as not consistent with the holy simplicity of the gospell of iesus christ ; nor the spirituall purity ; we were then trading with popery , when we ignorantly thought , we had not enough to serve us from the scriptures of god , now we see they are perfect and compleat in iesus christ ; let us cast away those weak and beggarly rudiment● , of the which we are now ashamed ; and they do not savour the things of god , who would now ( like saul at endor ) raise up aaron , and the whole hierarchy , and bring us back againe to the law , forcing us under that coole shadow of types and ceremonies , drawing the curtains of the law before the light of the gospel ; we serve now in the newnesse of the spirit , not in the deadnesse of the letter . the next thing i observe , is the politicall excellency , those sound maximes for the kingdomes duration , as the preservation of parliamentary rights , and nationall rights , and royall rights , that they exceed not , nor exorbitate , and this is no more then to reduce the kingdome into its primitive contemperation , and to keep the mixture even : for we see that whilest the power of monarchy would needs take in such poysoned principles , as the divines and privadoes did instill , carrying up the notion of a king into an higher firmament then its owne , the whole state was in a posture of ruine : for nothing hath more betrayed kingdomes into destructive alterations then exorbitancie of government , and states must respect their fundamentals and originals in their present constitution , for those in●use secret dispositions into all the orders and subordinations , and that ingagement inables to incline to their own interests , and then in their inclinations and pursuite thither , tumults and stirs are wakened , and there is a noise of some new and treasonable indeavour , when it is but the naturall workings of each degree for its owne preservation , and hence have these late aspersions been born and received , the princes and people being carried on by the strength and violence of a late predominancie , almost out of sight of their true fundamentalls , till they have forgot their interests , and maligne those that would bring them back : and for the temper of our english monarchy , i will not say more to the praise of the constitution , ( so many having spoken before me ) than its own duration , breathing to this day , under the succession of so many ages , and never distemper'd , but when the fiduciary power would needs be severer and taller then the rest , and entertaine designes of trying strengths and interests , to see , if the fire out of the bramble would at length come forth , and consume the trees of the forrest . and whereas there are some other subordinate principles in order to these , as the discovery of incendiaries and malignants : certainely they that shall suffer any relations to corrupt them to secrecie , are men of too narrow affections for the latitude of a kingdom , they are only in the reputation of patriots and fidelio's to their country , who have such a command of spirit , as they can open and close as the occasion of the state requires . and i do further observe , that we are obliged to a mutuall preservation of the peace of the kingdomes , and in speciall of the reformation of the church in scotland . for the first , it is bottom'd upon the foundation of our government , which is a concentration of the three estates in one , and there is such a samenesse almost in the fundamentalls of the three , and there is such a monarchicall onenesse which influences into all , that if any alteration begin in any one of them , it will soone , like an infection ( where there is consanguinity of nature ) spread and make over to the rest , so that there is as much policie in suffering our care and faithfulnesse to enlarge and acquaint it self with the interest of the other estates , which are in no other sense forraine , than onely in the distance of place . and for the particular preservation of the church of scotland , it is as concerning an interest as any of the rest , what godly soule will repine to take up the care of another church , he was ( we know ) a sanguinary man that replyed , am i my brothers keeper ? and we may take notice there how god calls for an account of every relation at our hands . it was an holy principle that perswaded the apostle to take care of all the churches : and the more neare we approach to such endeavours , the more neer we are to the designes and activity of god and angels , whose businesse and administration is universall ; and especially should our care be for that church and state , which hath been the conservatory of the gospell , and kept alive that holy spark , which we in this kingdom do warm our souls by at this day ; she was that philadelphia who kept the word of his patience . nor let any complain of restraints in this our covenant , as if we multiplyed unnecessary oaths , as if like sauls oath it had troubled the land , there is no such true liberty , as in these holy restraints ; nor is it any diminution to our christian latitude , that we cannot transgresse nor exceede in this or that ; it is rather the sublimation of our liberty , and a deliverance into the glorious liberty of the sons of god ; and as it is the highest perfection , non posse peccare , not to be able to transgresse ; so our estate and condition in this our covenant , is a degree to that , for god , angels , and siants , are not lesse perfect , nor lesse free , because they cannot sin , but is a firmation of soul in the height of holinesse , for as it is the highest aggravation of sinne , not to be able to do good , so it is the highest perfection of goodnesse , not to be able to do ill ; so that i know none that hath a spirituall and discerning soul , that will complain for want of liberty to transgresse ; or that he is in heaven before his time : such chaines are but chaines of gold , nay , but the bracclets of the spouse , and as it is the devils and reprobates torment and misery to be held in chaines of darknesse , so it is the glory of the blessed saints and angels to be held in such chaines of light and holinesse ; and none but libertines will complaine , that they are walled in , and that their lusts have nor liberty to anger god , and undo their country . i observe another transcendency in it , there have bin many covenants taken by the people of god iosiahs , iehoshaphats , & nehemiahs , the forraign protestations & those of our own , yet none that hath such a spirituall and politicall breadth in it , reaching not onely to nationals , but al particulars ; and taking in the furthest , and most forraign necessary , and circumstance either in state , or church . i might take in other particulars , but they are such as cleer up to your first discovery , onely my thoughts have rouled up themselves into this conclusion . since the covenant is of this transcendency and excellency , so solemn and sacred , it were fit there were some holy designe , to work it more close to the soules of those that take it , all our happinesse , spirituall and civill , is now in the successe of our confederation with our god , and therefore there would be as much holy art used in preserving the spirits of people in that height of covenanting , as there was used in the raysing them up ; god himself makes conservation as much his businesse as the creation of the world , and therefore some make it the same act repeated againe . i should think it not unnecessary , that those parts in it which have most of the attestations and invocation , and imprecation , and most of the politicall and civill advantages , be set on by the ministery in frequent inculcations , even to a catechising , and by a civil ordinance , or law to that purpose to reminde the ministery ; for we complain of loosness and neglect in former covenants , and we take no care to enquire into the reasons and remedies , and certainly the sudden laying 〈◊〉 such nationall and obligatory doctrins , and making them but the musick and solemnity of one day , is the only reason of our relaxations , and apostacies , when as having got the souls of men into a covenanting station , we should apply our strengths and honest designes to keepe them there . a divine rapture upon the covenant . children of sion , rise , and sit not on those flowry banks of babylon ; her streams are muddy & impure , and know her channel 's bloody where they flow . oh ▪ let us to a region , where we may bathe in pure waters every day , waters of life , and happinesse , which have a chrystall grace in every wave ; we all make ready to be gone , and mean never to see those banks again . oh stay not , til heaven scourge you with a rod vnto the city of your god● see here a chain of pearl , and witty dew wept from the side of god for you ▪ see here a chaine of rubies from each wound , let down in purple to the gronnd : come tye your hearts with ours , to make one ring and thred them on our golden string : great god , let down some glorious beame of thine , to winde about his soul and mine , and every ones ; then we shall joyfull be , made sure to heaven and thee . finis . a solemn discourse upon the grand covenant, opening the divinity and policy of it: by john saltmarsh, master of arts, and not long since, pastour of heslerton in yorkshire. saltmarsh, john, d. 1647. this text is an enriched version of the tcp digital transcription a93701 of text r208789 in the english short title catalog (thomason e1208_1). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 34 kb of xml-encoded text transcribed from 37 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a93701 wing s501 thomason e1208_1 estc r208789 99867712 99867712 120034 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a93701) transcribed from: (early english books online ; image set 120034) images scanned from microfilm: (thomason tracts ; 168:e1208[1]) a solemn discourse upon the grand covenant, opening the divinity and policy of it: by john saltmarsh, master of arts, and not long since, pastour of heslerton in yorkshire. saltmarsh, john, d. 1647. 72 p. printed for laurence blaiklock, london : 1643. annotation on thomason copy: "octob: 12th". reproduction of the original in the british library. eng solemn league and covenant (1643). -early works to 1800. presbyterianism -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a93701 r208789 (thomason e1208_1). civilwar no a solemn discourse upon the grand covenant, opening the divinity and policy of it: by john saltmarsh, master of arts, and not long since, pa saltmarsh, john 1643 5540 12 0 0 0 0 0 22 c the rate of 22 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-05 tcp assigned for keying and markup 2007-05 aptara keyed and coded from proquest page images 2007-06 emma (leeson) huber sampled and proofread 2007-06 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a solemn discourse upon the grand covenant , opening the divinity and policy of it : by john saltmarsh , master of arts , and not long since , pastour of heslerton in yorkshire . london , printed for laurence blaiklock ▪ 1643. the printer to the reader . courteous reader , the effigies of this embleme should have been cut , but that time could not permit . an angell reaching forth an hand out of a cloud , holding a chaine , which is let downe to three women , each one having her arme linkt in it , over each a title anglia , scotia , hibernia , with harpes in their hands , at the distance of a stream betwixt another woman with the title of roma in a sad posture , her tripple crowne seeming to decline with her face towards the three ; with this inscription , revel. 17. 1. and there came one of the seven angels which had the seven vials and talked with me , saying unto me , come hither , and i will shew unto thee the judgement of the great whore that sitteth upon the waters . to the worthy covenanter . i could have given more , and more easie and common observations ; but these times call for discourses that worke higher , and more quaintly ; i say not this to force any reputation upon these notions . this covenant is the most glorious rise of a reformation in any age ; mighty and powerful are the principles of it : and though this season of our solemnity be cloudy & our evening bloody , yet it is our saviours interpretation , when it is evening , you say it will be faire weather , for the skie is red . covenant . holy obligatory principles . in praeamb. having before our eyes the glory of god , in praeamb. and each one of us for himselfe with our hands lifted up to the most high god . artic. 6. and this covenant we doe make in the presence of almighty god , the searcher of all hearts . as we shall answer at that great day , when the secrets of all hearts shall be disclosed . the discourse . the power and excellency of this covenant . a covenant is the last resort of the godly and wise christian ; and with this , he draws himself neerer heaven , and closer to that glorious essence , and the immediate flowings and emanation of an almighty power : a covenant is such an obligation , as layes an ingagement upon the soule ; and as in tossings and storms at sea , the mariners find out no safer course then by casting out coards and anchors , to hold them at some period ; so in civill waves and spirituall fluctuations , there cannot be a more secure experiment , then this of covenanting , wch is like the casting out our coard and anchors as they did in s. pauls storme , vndergirding the ship , and casting out foure anchors . covenants , they are divine engines , which the godly have found out to winde up their soules from irregular wandrings and strayings , into heavenly heights and stations , the onely remedy , and preventive against relapses , and apostasies ; and those vertues & operations the saints have ever found in covenants : for such resolutions of soule are but the finer cordage , which the spirit spins out and twists from the substance of its owne essence ; and now god and his angels have something to hold our soules by , even the operations and effluxes of our own spirits : and though god need none of those , but is able to keepe us up by the immediate and indistant workings of his holy spirit , yet he is a god that is pleased to take us at our own rebound , and to admit us into that holy consotiation , wee as workers together with him . he that covenants with god , by that very act doth carry up himselfe unto gods throne , and cites his soule to his tribunall , and then the majesty of god looks on him with a fuller gleame ; & so long as that glorious interview continues , or any sparkling or raying of it , man is awed from sinning , and stands trembling like the people of israel , while god appeard upon the mount . and thus divine covenants , as they exalt and situate a soul in more glory then before , even in the glorious face of god , so they are the spirituall stayes , and supports , and strengthnings of a soule . god him selfe first drew forth his owne essence into this course of covenants to abraham and moses , and joshua , and his people , and from that covenant he went higher , to one of grace , besides the particular obligations of his , to noah & other saints , not as if he received any consolidation or confortation by it , or any such act of covenanting that hee had not before ; not as if he begun to re-act upon himself in any new operation ( farre be it from his immutable essence ) hee was as firme and unchangeable in the eternall immanency of his own , before ever he passed himselfe abroad into any such act of paction : and therefore he could not shew himself to man in the likenesse of any other notion , than , i am . only he was pleased to light us by a beame of his own nature , into this duty of holy confederation , & to shew us a new way of spirituall advancement and establishment : how sacred then ? and how inviolable ▪ ought these to be ? which are made with a most high god ; when even pactions and promises and covenants in friendships and lower confederations , are reputed holy . thus far of the power of the covenant upon the soul in that grand and heavenly ingagement ; now there is a power reflexive , and that is a returne it makes from heaven , and in that return it brings with it something of god ; for the soule going up thither by a spirituall might and holy violence , brings away from thence graces and blessings , and the resort of many temporall mercies , as when moses had been looking god in the face , he brought a divine lustre upon his owne , home with him . we see nehemiahs covenant had excellent concomitances , the dedication was kept with gladnesse , and singing and psalteries , and the people offered themselvs willingly , and the businesse at ierusalem , and all the affaires of gods house went better on in all the particulars . nehem. 11. 3. 12. 27. the covenant of iudah drew along with it the like blessings ; the lord was found of them and gave them rest ; and one more superlative blessing not inconsistent with our calamity ▪ maachah was remoued from being queene , because she had made an idoll in a grove , 2 chron. 5. 25 , 26. and for this covenant of ours i am bold to say , it hath been in heaven already ; it came not only from thence in its first inspiration , but it hath had a return backe , and by the power of that reflexive act , it hath brought downe with it cheerefull concurrencies & contributions in both kingdomes , and there are divine stirrings , and movings , and aspirations in the people of late : and as in the poole of bethesda the stirrings and troubles in the waters were the only signe of the angels comming downe : so these waters in both kingdomes , which in the holy spirits language are people , doe stirre and move more of late , not onely in their highest and supreame representative , but in their own places , which is an indication of some divine vertue , descended and co-operating . covenant . the reformation principles . in praeamb. 1 to endeavour the advancement of the kingdome of iesus christ . artic. 1. the reformation of religion in doctrine , worship , and discipline , according to the word of god and the example of the best churches . art. 6. the unfained desire to be humbled for our sinnes , and the sins of these kingdomes . discourse . these are such maxims as will make a kingdome holy and happy ; for holinesse is the foundation and basis to all other blessings , and hath a perpetuating quality , and it is such a condition as god takes in at the felicitating of a person or people : seeke first the kingdome of god , and all things shall be added unto you . the advancement of gods kingdom , was alwayes the advancement of the kingdome of israel ; and the glory of the one declined and set in the declination of the other : for the arke and the glory departed together , and both expired at once in a dolefull ichabod . the advancement of christs kingdome hath been the designe of god from all eternity , and it is the designe of the godly too : god revealeth his secrets to his servants , and we have the mind of christ . now knowing so much of the counsels , and designes , and secrets , and minde of god , we are carried on by the same spirit to be aiding to that designe : now though the kingdom of christ be such a name as imports glory and dominion , yet it is not a glory of this world , but a spirituall glory seated in bare and simple administrations ; such as are foolishnesse to the greek , and to the jewes a rock of offence : and this kingdome of christ like other monarchies , hath its rise and growth , its ages & improvements , according to the propheticall latitude , being at no fulnesse nor perfection till the rest of the monarchies be consumed before it : this is that small excrescency advancing out of the mountaine , and by a power insensible exalting it selfe through all oppositions , working through atheisms , paganisms , idolatries , superstitions , persecutions , and all the carnall machinations , into a lustre glorious , in the judgement of those onely , who can spiritually discerne : the advancement of this kingdom is onely attainable by a reformation to the word of god ; & here we shall take occasion to part with all the models and idea's wch are not to be found in holy scriptures ; it is markt there as a grand transgression to walke after the imagination of our owne hearts : and that was laid to jeroboam's charge , that his priests , and sabbaths , and worship , were such as he devised in his own heart : god will indure no such rivallity nor conjunctures with himselfe : it is an incompleating the worke of god to build his house with our own timber : and as he made this world at first onely after the patterne of his owne counsels , so in this second work of the setting up a spiritualll structure for his glory : god thinks none worthy of coordination , in those things wherein his glory shal be sure to suffer in a distribution with his creatures , and his owne image hath ever pleased him best , & therefore he made the best piece of his creation according to it . and where this kingdome of christ is , there is holinesse of doctrine , holinesse of government , holiness of ordinances , holinesse of life ; god hath had a people at first whom hee made his owne , by speciall adoption , by eminent priviledges , by rare providences , by lawes and institutions , by worship and administrations . and now because darknesse in part is hapned to israel , god will still have a people that shall be his , and have their lawes and usages and forms from him ; their guidance & providences from him . this kingdome of christ is a company of godly gathered by his own spirit , having their lord and saviour in the midst , confederated by an holy and sacramentall paction , ruled by the law of his will and spirit ; obeying his cōmands , whither in silent inspirations or lowder exhortations , either by a word behinde us , and a saying , seeke yee my face ; or by outward intimations and interpretations of his will , from such wayes of distribution & administration as hee hath ordained ; studying what will adorne the gospell of jesus christ , and those that walke in the light and glory of it , being transformed frō glory to glory , as by the spirit of the lord . now these principles , viz. the advancement of christs kingdome , and humiliation for sinnes , are such as will bring god into this kingdome , and seat him and determine his presence , as the tabernacle and arke & temple were the engagements and enthronizations of , & mysterious fixations of gods divinity . they are likewise an advancement of the nation too , setting it higher then other nations , that was the preferment of the jewes , that to them the oracles of god were committed . therefore they were said to dwell in the light , when other nations sat in the region and shadow of death . and that principle of reformation according to the word of god and the best reformed churches , brings us closer to god , and consociates us with heaven , and makes us arrive at the highest mystery , even the deniall of our selves , our owne inventions , will-worship , and superstitions ; pulling down at once all our relations to rome and popery , and working to the patern , so that things which shal be seen shall not bee made of things which do appear : we shal likewise be associated to the church of christ , and so incorporated more cleerly and purely and mystically , into the body of christ , we shall be now in a capacity wth them to partake equally of graces and priviledges : and thus the kingdom of christ gathers power and latitude , and stretches to the breadth of that prophesie , of the fulnesse of the gentiles , and gathers strength too against the present antichristian monarchy ; & by that other principle of humiliation , we obtain the qualification and condition for mercy and peace , wee approach into tearms of reconciliation with god ; if the wicked forsake his way and the unrighteous man his thoughts , god will forgive and abundantly pardon . what is it that thickens the clowde over us , but the evaporation and exhalation of our sins and iniquities , for your iniquities have turned away these things , & your sins have with-held good things from you . covenant . the princip. of extirpation . in preamb. calling to mind the treacherous and bloody plots , conspiracies , attempts , and practises of the enemies of god . arttic . 2. that we shall in like manner endeavour without respect of persons the extirpation of popery and prelacy . discourse . here lies the propheticall power of it against the church of rome , or antichristian monarchy , and the bloody plots and conspiracies are such fresh remembrances , as seal us to strong and perpetuall endeavours ; we can read in the leafs of our former ages their conspiracies still in red letters , and at this day we have a succession of their bloody designes , and i conceive the rise we take from their own foundations in blood , is but in holy parallel to him , into whose remembrance great babylon came to give unto her the cup of the wine of the fiercenesse of wrath ; and to his own peoples resolution , happy shall he be that rewardeth thee as thou hast served us ; and the treacheries and tyrannies of gods enemies have ever drawn along with them this resolution in gods people ; amalek ▪ and ashur , and egypt , are standing examples of divine revenge . and for extirpation , it is but a retaliation to their own just cruelty , who would raze out the name of israel , that it should be no more in remembrāce . and what hath their endeavor in our kingdom of ireland been , but an eradication of our memories . and our confederations now , cannot but be powerfull in the very notion ; nationall leagues have brought forth great effects in states and kingdoms , in the mutuall aydings and assistings ; and therefore israel sent to syria , and iudah to assyria , and iudah to israel , and other kingdoms have sought to one another for such combinations , in any grand enterprise ; that famous designe of christendom , which was such a universall confederatiō against the turk , onely it was a designe in a wrong channell ; therefore the more spirituall that leagues are , the more powerfull ; that which made israel so famous in their conquests to canaan , was the association of the tribes , and the ark of god amongst them , therefore the philistims cryed out , woe unto us , the ark of god is in the camp of the hebrews ; and when they marched with the ark amongst thē , iordan vvas driven back , and the mountains and little hills were removed , the walls of iericho fell ; and certainely this grand and blessed association of the three kingdoms , is a glorious portent to the destruction of rome it self , carrying amongst them such an ark and gospel ; this is the first time that ever the sun saw such a triple confederation ▪ against the triple crown , so many states , so solemnly combined against the popish hierarchy ; this is the time the spirit of god hath set up a standard ; this is a fair rise , and improvement to the prophecy , when the princes of the earth shall gather themselves together , and shall agree to make her desolate . i know there hath been many confederations , but they were narrower then this , and so , opposings , and strong ones too , and by confederacies too ; yet those were but single to this , when our princes in their eyes appeared in their graduall extirpations , our henry , and edward , and elizabeth , when in scotland , they against the french power and idolatry , ayded by a power from this kingdom ▪ yet these were not from such strong resolutions , such able principles , such a sacred covenant ; they were but ordinary and civil contributions , & weak strivings , and so had shorter expirations , and relapses , and had little more of religion , then brought them into the fields , and enabled them to break down images : the confederations and covenants in germany , so many princes and states entring into a solemn protestation upon luthers discoveries ; the conferations of those in holland , and those states in the netherlands ; the confederation of those princes in france ; but these had their ebbings and flowings . but now , as if this were the antichristian crisis , and as if the reformation had recovered the period of declination , three kingdoms strike into a sacred league ; and now methinks i hear the angel saying to us , the prince of the kingdom of persia withstood me one and twenty dayes , but loe michael one of your chief princes came in to help me , and now i am come to make you understand what shal befall in the latter daies ; now methinks the set time to favour sion is come , her servants take pleasure in her stones . and for the extirpation of prelacie , though it be a government rivetted into our laws and usages ; and into the judgments , and consciences of some , through a mistasten and colluding divinity , yet let us not like the iews , lose our gospel , with holding our laws too fast ; i know this kingdom hath ever been a retentive nation of customes , and old constitutions , and it parted but sadly with its old prganisme , and with its latter antichristianisme ; in the es●lation of abbies and priories ; and hence it is that reformations in this nation , hath been with such little power and duration , for we have ever easily gone back with a new successour , never taking in so much of the power of godlinesse , as should be able to make us live protestants to another succession ; and especially the superstitions and idolatries of late , were woven with such strange and plausible insinuations ; episcopacy was got upon the bottome of mis-interpreted scriptures ; and the whole government upon a pretended antiquity ; and the innovations upon a spirituall decency and order ; upon an ecclesiasticall magistrality , and reverend infallibility , and prodigeous policy ; as if theire were no way to bring a papist to church , but by going with him to rome first ; if we considr well we shall finde cause enough to remove these as not consistent with the holy simplicity of the gospel of jesus christ ; nor the spiritmall purity ; we were then trading with popery , when we ignorantly thought , we had not enough to serve us frō the scriptures of god , now we see they are perfect , & cōplete in iesus xt ; let us cast away those weak & beggarly rudimēts , of the which we are now ashamed ; & they do not savour the things of god , who would now ( like saul at endor ) raise up aron , and the whole hierarchy , and bring us back again to the law , forcing us under that cool shadow , of types & ceremonies , drawing the curtains of the law before the light of the gospel ; we serve now in the newnesse of the spirit , not in the deadnes of the letter . the next thing i observe , is the politicall excellency , those sound maxims for the kingdomes duration , as the preservation of parliamentary rights , and nationall rights , and royall rights , that they exceed not , nor exorbitate ; and this is no more then to reduce the kingdome into its primitive contemperation , and to keep the mixture even : for we see that whilest the power of monarchy would needs take in such poyson'd principles , as the divines and privadoes did instill , carrying up the notion of a king into an higher firmament thē its own , the whole state was in a posture of ruine : for nothing hath more betrayed kingdoms into destructive alterations then exorbitancy of government ; and states must respect their fundamentals and originals in their present constitution ; for those infuse secret dispositions into al the orders & subordinations , and that ingagement inables to incline to their own interests ; & then in their inclinations & pursuit thither , tumults and stirres are wakened , and there is a noise of some new & treasonable endeavour ; when it is but the naturall workings of each degree for its owne preservation ; & hence have these late aspersions been borne & received , the princes and people being carried on by the strength and violence of a late predominancy , almost out of sight of their true fundamentals , till they have forgot their interests , & maligne those that would bring thē back : and for the temper of our english monarchy , i will not say more to the praise of the constitution , ( so many having spoken before mee ) than its own duration , breathing to this day , under the succession of so many ages , and never distemper'd , but when the fiduciary power would needs be severer and taller then the rest , and entertaine designes of trying strengths & interests , to see if the fire out of the bramble would at length come forth , and consume the trees of the forrest . and whereas there are some other subordinate principles in order to these ; as the discovery of incendiaries and malignants ; certainely they that shall suffer any relations to corrupt them to secrecy , are men of too narrow affections for the latitude of a kingdome ; they are only in the reputation of patriots and fidelio's to their countrey , who have such a command of spirit , as they can open and close as the occasion of the state requires . and i do further observe , that we are obliged to a mutuall preservation of the peace of the kingdomes , and in speciall of the reformation of the church in scotland . for the first , it is bottom'd upon the foundation of our government , which is a concentration of the three estates in one ; and there is such a samenesse almost in the fundamentals of the three , and there is such a monarchicall onenesse which influences into all , that if any alteration begin in any one of them , it will soon like an infection ( where there is consanguinity of nature ) spread and make over to the rest ; so that there is as much policy in suffering our care and faithfulnesse to enlarge & acquaint it selfe with the interest of the other estates , which are in no other sense foreigne , than onely in the distance of place . and for the particular preservation of the church of scotland , it is as concerning an interest as any of the rest ; what godly soul will repine to take up the care of another church ; he was ( we know ) a sanguinary man that replyed , am i my brothers keeper ? and we may take notice there how god cals for an account of every relation at our hands . it was an holy principle that perswaded the apostle to take care of all the churches : & the more neer wee approach to such endeavours , the more neer we are to the designes and activity of god & angels , whose businesse and administration is universall ; and especially should our care bee for that church and state , which hath been the conservatory of the gospell , and kept alive that holy sparke , which wee in this kingdom do warm our souls by at this day ; she was that philadelphia who kept the word of his patience . nor let any complain of restraints in this our covenant , as if we multiplyed unnecessary oaths , as if like sauls oath it had troubled the land , there is no such true liberty , as in these holy restraints ; nor is it any diminutiō to our christian latitude , that we cannot transgresse nor exceed in this or that ; it is rather the sublimation of our liberty , and a deliverance into the glorious liberty of the sons of god ; and as it is the highest perfection , non posse peccare , not to be able to transgresse ; so our estate and condition in this our covenant , is a degree to that , for god , angels , and saints , are not lesse perfect , nor lesse free , because they cannot sin , but is a firmation of soule in the height of holinesse , for as it is the highest aggravation of sin , not to be able to do good , so it is the highest perfection of goodnesse not to be able to do ill ; so that i know none that hath a spirituall and discerning soule , that will complaine for want of liberty to transgresse ; or that he is in heaven before his time ; such chaines are but chaines of gold , nay , but the bracelets of the spouse , and as ir is the devills and reprobates torment and misery to be held in chaines of darkenesse , so it is the glory of the blessed saints and angels to be held in such chaines of light and holinesse ; and none but libertines will complaine , that they are walled in , and that their lusts have not liberty to anger god , and undoe their country . i observe another transcendency in it , there have been many coven●nts taken by the people of god , iosiahs , iehoshaphats , and nehemiahs , the forraigne protestations and those of our owne , yet none that hath such a spirituall and politicall breadth in it , reaching not only to nationalls , but all particulars ; and taking in the furthest , and most forraigne necessary , and circumstance either in state , or church . i might take in other particulars , but they are such as cleere up to your first discovery , only my thoughts have rouled up themselves into this conclusion . since the covenant is of this transcendency and excellency , so solemn and sacred , it were fit there were some holy designe , to worke it more close to the soules of those that take it , all our happinesse spirituall and civill is now in the successe of our confederation with our god , & therefore there would be as much holy art used in preserving the spirits of people in that height of covenanting , as there was used in the raysing them up ; god himself makes conservation as much his businesse as the creation of the world , and therefore some make it the same act repeated againe . i should thinke it not unnecessary , that those parts in it which have most of the attestations , & invocation , & imprecation , and most of the politicall and civill advantages , be set on by the ministery in frequent inculcations , even to a catechizing , and by a civill ordinance , or law to that purpose to reminde the ministery , for we complaine of looseness and neglect in former covenants , and we take no care to enquire into the reasons , & remedies ; and certainly the sudden laying aside such nationall & obligatory doctrins , & making them but the musick and solemnity of one day , is the only reason of our relaxations , & apostacies , when as having got the soules of men into a covenanting station , we should apply our strengths and honest designes to keepe them there . a divine rapture upon the covenant . children of sion , rise , and sit not on those flowry banks of babylō ▪ her streams are muddy and impure , and know her channel 's bloody where they flow . oh! let us to a region , where we may bathe in pure waters every day , waters of life , and happinesse , which have a chrystall grate in every wave ▪ we all make ready to be gone , and mean never to see those banks again ▪ oh stay not , till heavē scourge you with a rod vnto the city of your god . see here a chain of pearl , and watry dew wept from the side of god for you ; see here a chain of rubies from each wound , let down in purple to the ground : come tye your hearts with ours , to make one ring , and thred them on our golden string : great god , let down some glorious beam of thine , to winde about his soul and mine ▪ and every ones ; then we shall joyfull be , made sure to heaven and thee . finis . a letter to a noble lord at london from a friend at oxford upon occasion of the late covenant taken by both houses. friend at oxford. this text is an enriched version of the tcp digital transcription a48206 of text r36362 in the english short title catalog (wing l1691). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 31 kb of xml-encoded text transcribed from 8 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a48206 wing l1691 estc r36362 15668094 ocm 15668094 104335 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a48206) transcribed from: (early english books online ; image set 104335) images scanned from microfilm: (early english books, 1641-1700 ; 1152:34) a letter to a noble lord at london from a friend at oxford upon occasion of the late covenant taken by both houses. friend at oxford. [2], 13 p. s.n.] ..., [s.l. : february 22, 1643. imperfect: print show-through. reproduction of original in the huntington library. eng solemn league and covenant (1643) great britain -history -civil war, 1642-1649. a48206 r36362 (wing l1691). civilwar no a letter to a noble lord at london, from a friend at oxford: upon occasion of the late covenant taken by both houses. friend at oxford 1643 5738 0 0 0 0 0 0 0 a this text has no known defects that were recorded as gap elements at the time of transcription. 2006-12 tcp assigned for keying and markup 2006-12 apex covantage keyed and coded from proquest page images 2007-01 robyn anspach sampled and proofread 2007-01 robyn anspach text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion a letter to a noble lord at london , from a friend at oxford : upon occasion of the late covenant taken by both houses . crest printed , february 22. 1643. a letter to a noble lord at london from a friend at oxford , upon occasion of the late covenant taken by both houses . my lord , i have received your lordships letter of the 10th of this instant , with much more trouble and sadnesse of mind then any thing you have sent me this whole ill yeare . all your declarations , votes , ordinances , and orders with your generall's powerfull commission to kill and slay all good people , made not halfe that impression in me ( though i have not been tender in letting you know what i think of the best of those ) as your sacred vow and covenant ( as you call them ) which with m. pym's speech at the common-hall of the discovery of the great plot ( i received inclosed in your letter ) hath done . are all your humble and earnest desires and solicitations for peace , all your pangs and throwes for a reformation in religion , delivered at last of a sacred vow and covenant against both ? have you at last thought fit to tell the world that there is no possibility or hope of peace , but by blood and desolation ? have m. burroughes , and m. case so perverted all texts of scripture , and sergeant wild , and m. glyn so confounded all rules of law , that your consciences are grown so dead to the one , and your vnderstandings so dull to the other , that in plain english you promise god almighty to assist any body to kill the king ; and set up new covenants of your owne , poynt blank against your oathes of allegiance and supremacy , and publish all this to the people as the articles of your new creed ? and yet that your lordship should tell me that your affection and duty to the king continues still the same you have pretended it ; that you have still not only the same desire , but the same hope of peace ; and that you are confident that the anabaptists and brownists ( whom me thinks you have sworn to defend ) will shortly ship themselves for another climate , is so strange to me , that amazement it self is not more confounding . you tell me of a trick your lordships have found out , to save you harmlesse from any obligation by this oath , a salvo to all your other oathes lawfully taken , and those being in a diameter contrary to this , you have upon the matter engaged your selves to nothing by this new covenant , and so have cunningly evaded the designe of the contrivers : oh ( my lord ) can you please your selves with these shifts ? is this the wisdome , vigilance , integrity , and courage of the highest court of iudicature ( for so the house of peeres in parliament is ) to lead the people by their example to so solemne an act as a covenant with god almighty , which at the instant you took it you intended should signify nothing ? will the poor people of england , whereof it may be too many have looked upon your example with reverence , and thought many things fit or lawfull only because you did them , when they shall find that you have vowed in the presence of almighty god , the searcher of all hearts , as you shall answer at the great day , when the secrets of all hearts shall be disclosed , that you will , according to your power , assist the forces raised and continued by both houses of parliament , against the forces raised by the king ; will they ( i say ) think that your lordship intended nothing by this vow , but what you were obliged to by your oathes of allegiance and supremacy , that is , to defend the king to the utmost of your power , against all conspiracies and attempts whatsoever , which shall be made against his person , his crown and dignity , and to doe your best endeavour to disclose and make known to him all treasons and conspiracies which shall be against him , to your power to assist all iurisdictions , priviledges , preheminences and authority belonging to him , or united to the imperiall crown of this realme ; and indeed to doe all things which by this your new sacred vow you have sorsworn to doe ? will this salvo reconcile all those contradictions ? & is this subtilty the first fruits of your humility and reverence of the divine majesty , your hearty sorrow for your own sinnes and the sinnes of the nation , and your true intention to endeavour the amendment of your own wayes ? for gods sake ( my lord ) talk not of preserving the true reformed protestant religion , and opposing papists and popery , when your actions destroy the elements of christianity , and admit a latitude to your conscience to introduce atheisme , & rules , which the turkes in pure naturall honesty abhorre and detest . get your self to an opinion and avow it boldly , see what you hazard , and play your game out above board , be a desperate gamester , if you cannot be a skilfull one , & so be capable of advantage by good luck ; but to be cozened and cheated to serve other mens turnes , and to help to cozen your selfe by little shifts and evasions , makes you be hated by them you serve , despised by us , and will make you be laught at when you are dead . but ( my lord ) admit you were indeed too hard for them by this salvo , and by the interposition of three or foure other words ( in order to the security & preservation of the true reformed protestant religion &c. according to your power and vocation &c. ) had notably reserved a liberty to your selves of complying with your former oathes ; that oathes were to be interpreted according to the intention of the person that takes them , ( which being an instrument between god and us , and so every covenant being to be taken strongest against our selves , cannot be admitted ; ) yet if another man who hath taken this vow believes himselfe obliged by it , to the utmost act even against the life of the king , hath not he reason to believe , that you have bound your selfe to assist that person in what he shall doe in pursuance of that oath ? i would i were able to make an answer for you ; but admit farther , that in all the promisory part which containes what you will doe , or what you will not doe , that you were safe and had engaged your selfe to doe no more or no lesse then your duty : pray consider the positive part , what salvo have you for that ? you doe believe that there hath been & now is a popish & traiterous plot for the subversion of the true reformed protestant religion and the liberty of the subject , and that in pursuance thereof a popish army hath been raised , & is now on foot in diverse parts of this kingdom ; which army you imply to be the army raised for the king , and therefore you promise to assist against it . now it seems your lordship doth not beleeve the preamble to be considerable , or any part of the oath , for i am sure you cannot beleeve any popish or traiterous plot to be on this side ; where the treason is the law will judge , and where the papists are will best be found in the muster-rolls of both armies ; you have had whole troopes of that profession and no fault found with their religion , till they have given over being rebells ; whilest they are with you , they defend the true reformed protestant religion , but when they revolt to their allegiance , they are papists , and ought to be disbanded ; indeed you take the course to compell the king to doe his duty , by driving them to him for protection , which he cannot deny to his subjects , but you keep them from performing their duty in assisting their prince , by stripping & plundring , and leaving them naked to the world . in good faith ( i ask pardon of discretion and truth for being startled ) your consident discourses of popish armies and supplies from papists made me once imagine the king might in truth receive some notable supplies from the persons of that profession , and it was not hard for me to beleeve , that that party which felt so much rigour & cruelty from you , and were sure to suffer an utter extirpation , if you prevailed , should willingly sacrifice all they had to that soveraigne power which might mercifully allay that fury , and preserve them still in the number of his subjects ; but i find there is a narrownesse , a vulgar spiritednesse , and a scandalous parsimony in all religions , even these men will have the comfort of being starved with mony in their purses ; for i am assured by those who are conversant with those accounts , that all the mony his majesty hath received from all the papists of england , since he hath been put to raise and continue these forces , is not halfe so much as is in truth due to him by the law upon those moderate compositions made with them ; and for any assistance he hath by their personall service , you have long agoe heared ( and i have reason enough to beleeve ) that the papists in all his armies will not make one regiment : how many more you have , and how many more you would be glad to have , your lordship can better judge then i. well , there hath been a treacherous and horrid design lately discovered , to surprize the cities of london and westminster , and god knowes what ; and you doe abhorre and detest that wicked and treacherous designe . 't is well done whether you know it or not : but what may this treacherous designe be , that , mr pym sayes , would have destroyed the city and the kingdome , and in their ruines have buried religion and liberty ? another gunpowder treason , like that of the protestation against the first remonstrance ? the king hath sent a commission ( for now 't is printed all the world knowes what it is ) to certain persons to use their utmost power to suppresse those who are in rebellion against him , and assist those who are oppressed by them . is there one popish or popishly affected person in that commission , or to be imployed in the whole design ? is there one clause in it on the behalfe of papists , or against the liberty of the subject ? indeed it may seem strange that the king should so much consider that apostate city ( where the rage of some , and the tamenesse of others have made up one generall guilt ) as to offer them any countenance to releeve themselves ; but that it should be a horrid & treacherous design , ( when you have in all the counties of england commanders of your militia and commissioners , even at this present , to assesse , rate , and collect money for the maintenance of your rebellious army ) for the king to be willing to have an army in london or middlesex , whereby all other armies , and that too , might be speedily disbanded , will need an orator no lesse powerfull then m. pym , or his excellency himselfe ( who in these nice arguments is the better orator ) to make evident to the world . beleeve it ( my lord ) whilst there is one honest man left in that city , there will be alwayes a plot to reduce it to its loyalty , and to destroy this wicked rebellion : neither will that unparallell'd act of inhumanity , executed upon the two famous citizens of bristoll ( who will live gloriously in the annalls of this nation , as the stout champions and martyrs of allegiance , when the name of their murtherer ( fiennes ) shall not be mentioned but with infamy ) so farre fright good men from their duty , that your wild fury will rage long uncontrouled . another of your propositions is , that you doe beleeve in your conscience , that the forces raised by the two houses of parliament , are raised and continued for their just defence , and for the defence of the true protestant reformed religion , and liberty of the subject , against the forces raised by the king ; does your lordship in truth beleeve this ? take it in peeces . the two houses of parliament , being convened by the kings sole writ to advise with him about the great affaires of the kingdom , formed their counsells with such successe , that in above fifteen moneths ( time enough to have reformed and repaired all former mistakes and irregularities in church and state ) they never found the least nonconcurrence with them from his majesty in any particular proposed , for the ease or benefit of the common-wealth ; what was , during that time , done by his singular iustice and excesse of bounty , is so well and so particularly known to all the world , that if your treason and rebellion were away , there would be ingratitude enough left to make you odious to the present , and infamous to succeeding ages . when did the first act of your defence begin ? not till you came to edge . hill ; then i must confesse you were put to it , for it cannot be denied , the king went eight miles out of his way to find you ; from thence you took your stile of defensive armes ; except you will needs date them from the tenth of ianuary , when you had been overrun by the law , if that defensive army of the city had not been raised to rescue and preserve the good lord of kimbolton , & his five pretious members from a legall proceeding . in this sense you have , i confesse , been much upon the defensive part , otherwise you never pretended ground or argument for your taking armes , but feares and iealousies , no danger of an assault from an active enemy , except some few papists under ground , whom your vigilancy hath kept still there . when you first voted your great generall , and raised your wanton army , 't was to fetch up the king to you from yorke , not to defend your selves against him ; and you cannot but know you were so farre from being in danger to be assaulted , that setting aside your acts of hostility in your votes and ordinances , by which you had surprized forts , townes , and the whole navy , when you had a formed army of horse and foot ( i believe much greater then you have now ) the king had not so many muskets as you had cannon , nor so many swords as you had companies ; and on my conscience ( i will so farre excuse you from intending it should come to this ) if you had thought he could have got any , your lordship and many more of your good friends , who for quietnesse sake have done much mischiefe , would have prevented these troubles . but why are you lesse ashamed to be couzened still , then to confesse you have bin so ; you expressed well in your own honest speech , how much you have been deceived ; trust them no more that deceived you , much of that is fallen out you then foresaw , the rest will follow ; ' is a misery to foresee , and not to prevent , at least bearing a part in doing the mischiefe which you foresee must destroy the doers . remember you were told , there was no designe against bishops to alter the government of the church , you see they are now inconsistent with the protestant reformed religion , and a new way must be found out of government ; and then as m. martin , and m. morly use you now , m. case and m. calamy will use you then , between both , you will be a great lord . remember you were promised when this army was first raised , there should be no fighting , no resistance ( and in truth when you saw votes could enable you to raise armies , who had no power , 't is no wonder you believed they could keep the king from raising any who had power ) that the king should be brought gently up to you , and you should have what places you pleased . there hath been fighting and resistance ; the king is not yet broughtup to you , & i do not find the places are like to be disposed as you desire . you were assured all possible regard was to the safety of the king , & you were your self required by your protestation to promise to defend his person , you have since been assured in what danger his person hath been , by the assault of your army , and you are now compelled to sweare you will assist that army against him . when will you think your selfe conzened enough to abhorre these men ? do you not yet apprehend that these men every day , whilest they perswade you they intend a peace , doe somewhat to make peace impossible ? is the imprisoning the kings messengers who come to move you to peace ; the accusing the queen of high treason for loving her husband , and for doing that for which the present age must reverence , and posterity will envy her ; the murthering the two good men of bristoll in cold blood ( a murther that will call for vengeance from god , and iustice from the king till a full expiation ) and this new sacred vow , excellent ingredients towards a peace ? are you awake , and doe not see those things throwne in only to make peace impossible , but content your selfe with a vote that yout armes are defensive , when all the distractions and all the violence throughout the kingdome are the effects of those armes ? the next article of your creed is , that these godly forces of yours are for the defense of the true protestant reformed religion . this indeed hath alwayes been your care , and your reputation ; but give me leave to tell your lordship i much feare you rather hate that which is not the protestant religion , then love that which is . i will not grieve your memory by representing to you the happy flourishing state of the protestant religion in this kingdome , till your counsells disturbed and endeavoured to deface it . let vs only consider what you have acted and what you have designed towards this defence , and to use your owne phrase of your covenant in order to the security and preservation of this religion . there is not a godly , learned , orthodox divine in england , whom you have not traduced , imprisoned , or eminently reproached and discountenanced , even those whose learning and integrity first gave credit and reputation to your great reformers ; you have not only disused and suppressed that excellent book of common-prayer ( the first and glorious instance in this kingdome of the true reformed protestant religion ) but scurrilously and prophanely reviled and scoffed at it to the scandall of christianity ; you have carried your selves with such impious and debosh behaviour in churches and consecrated places , committing such horrid and beastly outrages that the heathen themselves would tremble at the mention of them , and all this out of pure zeale to the true reformed protestant religion . this you will say is done without your consents by the disorderly souldiers , whom you cannot restrain . by your lordships favour you have very pretty votes of one or both houses , which directly encourage those souldiers to most of this . what remedy have you provided for these disorders , if the king concurred with you in all you propose to your selves ? you have presented him a bill to pull downe the whole fabrick of church government , to leave heresie , incest , blasphemy , and adultery , as unpunishable as any other acts of good fellowship , to take away his supremacy , and so cancell the oath you have all taken to him , and to take away bishops , and so cancell the oath he hath taken at his coronation to defend and protect them , and have not yet so much as fancyed amongst your selves into what shape you will lick that monstrous chaos you would produce ; this you leave to your synod , of such men , as most of them no schooles or nurseries of learning ever knew , men never knowne or heard of but by their faction , treason , and rebellion , such who never had title or subsistance in the church of england , till your votes , as patron and ordinary , imposed them upon parishes , and over cures in the places of those , whose religion was not rebellion . oh ( my lord ) can you forget the excellent times in which you were borne , and the happy times in which you have since lived , the flourishing state of religion here in doctrine and discipline , in the lives and learning of so many reverend divines famous throughout christendome , can you so much forget this , to beleeve these courses the way to defend the true reformed protestant religion ? if you were a protestant two yeares since , i am sure they are none whose directions you now follow ; is the countenancing and joyning with anabaptists , and brownists , ( names as odious to you , and so mentioned by you even in your last letter , as the papists ) to advance the protestant religion ? but 't is no wonder when you take your rules of allegiance and fidelity from traitors and rebells , that you should take your directions of religion from hypocrites and schismatiques . i doe not know your face better then your heart in this point , you are no more of my lord sayes mind in religion , then bishop wren is ; when you have recovered the courage to love truth againe , this clause , if there were nothing else in your covenant , will take your sleep from you , and leave you no comfort , but in the charity of those you have endeavoured to destroy . a word now of the liberty of the subject , the last pretence of your army , and i have done . in so sad an argument i should not be merry with you , and say , that by this liberty of the subject , you meane liberty in every subject , to doe what he list , which indeed seemes to be the proper businesse of your army ; and yet i would you would leave men this liberty , that you would not compell them to be worse then they have a mind to be , and you would be contented to absolve them from the law , and trust them with their owne inclinations ; though you pull downe the inclosures , use no violence to hunt them from their knowne pathes ; let their owne love of liberty lead them , without being driven by your fury . consider the liberty of the subject before you found out this device to defend it ; how strongly was it guarded and fenced by knowne , cleere , excellent lawes , not capable of any dammage or inconvenience , to which there was not a proper reparation & remedy prepared ; if any little breaches had been made in this fence ( for in comparison of the gappes you have since made in it in one hower , what was done in 16. yeares before was but little ) with what diligence , industry and bounty did his majesty comply with you to make them up , and so finished the worke , that if you had not taken all this monstrous paines to destroy it , your country now had been the wonder and envy of christendome , in peace , and all the ornaments of beauty , plenty , and lustre which peace desires to be adorned with . what pressure or violation was offered to this liberty , when you first took up your defensive armes ? see now to what degree you have advanced it , as it hath reference to our goods and estates , your ordinances of sequestration , your weekly assessements , and your order for the 20th part , abundantly expresses your care ; as it hath reference to our persons , the full gaoles in all places , and the very many houses you have turned into gaoles for the safe keeping of our liberty , will be rare monuments to posterity ; as it concernes our conscience , you need no other evidence ( though you have store ) then this your sacred vow and covenant . if this be your course to defend liberty , i would you would for variety sake practise some way to destroy it , it may be it might prove the more soveraigne remedy to the common-wealth . 't is mr pyms third observation of the evill conscience of those who were in the late plot , they that pretended to take armes to defend their owne property , obtained a commission to violate the property of others , they would take the assertion of the lawes of the land , but assumed to them such a power , as was most contrary to that law , to seize upon their persons without due processe , to impose upon their estates without consent , to take away some lives by the law martiall ; this is a text i hope your lordship will beleeve , and is so truly an instance of evill conscience , that if his majesty had used these words in any of his messages or declarations they had been voted at least an imputation upon both houses , and a censure of their proceedings . but mr pym may libell against you ( and in earnest you will find most of his speeches to be such ) without breach of priviledge , he hath found out too new conservators of our liberty which we never heard of till now , instead of king , lords and commons , the parliament , ( that is the close committee ) the city , and the army are the three vitall parts of the kingdome , in which ( he saies ) not only the well being , but the very life and being of it doth consist ; and yet they perswade your lordship they are willing to disband this army . you will say these invasions upon liberty are the effects of these distempers , which 't is your businesse to suppresse , which being done the subject shall have no more cause to complaine . but , my lord , we that live at a distance have well observed that the principles and foundations for all this mischiefe were laid , long before your mistresse necessity was owned by you , long before your armies were raised ; all your rapines , all your plunderings & imprisonings are not more destructive to the liberty of the subject , then your votes of the 15th of march ; your assuming power so to declare law , that what you said or did , was therefore law because 't was yours . how many men were imprisoned and undone by you , expresly against the law and the petition of right ? how many acts of parliament suspended and actions done by you in a diameter contrary to acts of parliament : so that in truth all yout excesses since which you excuse by imputing them to your army , and the raising that army , are but superstructures upon the foundations you laid in your calmest and most undisturbed government , and there is nothing that you of the moderate party have since refused to consent to , which might not very well have followed from some of those propositions which even your selves have before admitted , defended , and contrived . i have troubled your lordship longer in this argument then i meant , and have the vanity to beleeve , that your often reading this over , thought it be no more then you knew before , may make some impression in you , doe not think that which is in it selfe simply ill can be made good by a vote , or that the word parliament can give reputation to actions absolutely wicked in themselves : m. pym tells you in this goodly speech of his , that a parliament is but a carkase when the freedome of it is suppressed , that if it be deprived of its own liberty , it is left without life or power to keep the liberty of others ; alas ( my lord ) though you will answer no other part of my letter , tell me upon your honour , would you have taken this last covenant , if you had had liberty to have refused it ; if you had not , where is your freedom of parliament ? can you yet look upon that assembly with reverence ? think of your number , think of their quality , think sadly of their actions , and you will easily find a way ( and there is but one that i know ) to evade your covenant . it was unjustly , impiously imposed upon you , rashly , unlawfully ( to say no worse ) taken by you , you ought not , you must not keep it . but that 's not enough , winde your self out of this labyrinth with courage and magnanimity , and in your evening doe somewhat that may redeem the faults of the day . consider that these men who by your assistance prosper in their bad wayes , are doing their own businesse , and every day make a progresse to their own ends . my lord say since all honest men have been undoing , hath bettered his own estate above twenty thousand pounds , besides advancing his younger sonnes to full and ample revenues . m. pym hath swet to purpose , and hath thrived so well in two years , that he is your equall atleast . they who abhorre bishops revenge themselves at your charge , and every action that advances that designe is more pleasant to them then life . your great generall hath the soveraign delight of opposing the king , and having his health drank with lowd musique . pennington , ven , fulk , and manwaring are from broken , beggerly , contemptible varlets , become your fellow peeres , & no doubt when they have reconciled your lordships & the cōmons into one house , will have the negative voyce , ( which you two have snatched from the king , ) deposited in their hands . that vitall part of the kingdom , the city , will never be trusted in your custody who have managed all the rest so ill . if any accident should happen , providence or victory to defeat them , these men have been good and wary husbands , and have the fortitude to love any country equall to their own . is your lordship of a constitution fit to mingle with these men ? is your revenue improved , or exchequer inlarged since these troubles ? is any one designe of yours satisfied by your concurrence , or can you be content to dye a peere of new-england , or the isle of providence ? is not your reputation and interest with all good men lost , and have you one friend left whose face you knew a year before this parliament ? these are melancholique considerations , but you must passe through them , and then if some noble , at least honest resolution doe not possesse you , resolve to dye the last of your name , and to leave this character behind you , that notwithstanding all your discourse and pretence of religion , you would have turned turke , if the major part of both houses , and the stronger part of the kingdome had required you to take a covenant to that purpose . finis . englands covenant proved lawful and necessary also at this time both by scripture and reason together with sundry answers to the usual objections made against it / by s.c. clarke, samuel, 1599-1682. this text is an enriched version of the tcp digital transcription a33303 of text r11225 in the english short title catalog (wing c4509). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 33 kb of xml-encoded text transcribed from 9 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a33303 wing c4509 estc r11225 08608469 ocm 08608469 41457 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a33303) transcribed from: (early english books online ; image set 41457) images scanned from microfilm: (early english books, 1641-1700 ; 1250:30) englands covenant proved lawful and necessary also at this time both by scripture and reason together with sundry answers to the usual objections made against it / by s.c. clarke, samuel, 1599-1682. 16 p. printed for henry overton, london : 1643. second impression. dated july 28, 1643. reproduction of original in the union theological seminary library, new york. eng solemn league and covenant (1643) oaths -england. great britain -history -civil war, 1642-1649 -pamphlets. a33303 r11225 (wing c4509). civilwar no englands covenant proved lawfull & necessary also at this time, both by scripture and reason. together, vvith sundry answers to the usuall o clarke, samuel 1643 6154 11 0 0 0 0 0 18 c the rate of 18 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2004-06 tcp assigned for keying and markup 2004-06 aptara keyed and coded from proquest page images 2004-07 judith siefring sampled and proofread 2004-07 judith siefring text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion englands covenant proved lawfull and necessary also at this time , both by scripture and reason . together with sundry answers to the usuall objections made against it . by s. c. preacher at b. f. eccles. 5. 4. when thou vowest a vow unto god , deferre not to pay it ; for hee hath no pleasure in fooles ; pay that which thou hast vowed . london , printed for henry overton in popes-head alley , 1643. courteous reader , at the first impression hereof , the time prefixed by the parliament , for the cities taking of this covenant , being almost elapsed , & my immature conceptions not ready for the birth , yet importunity like an overhasty midwife , would needs deliver me of it : whereupon i presumed that it would have perished in the birth , or have found no better entertainment than a misshapen embryon : but beyond my expectation it hath been accepted of , approved , and ( as i understand ) given satisfaction to many , and was now this second time put unto the presse before i knew of it : had the stationer given me but some few dayes warning , i would according to my poore abilities have added something for the enlargement of it : but presuming yet that some abler person may happily undertake the worke : in the interim this is once againe sent abroad , that so the ignorant may be informed of the weightinesse of avow , and covenant : that the doubtfull may be resolved concerning the lawfulnesse of this in hand ; and that all may be excited to the carefull performance of what they binde themselves to hereby : if in any of these thou receivest satisfaction , and benefit , praise god , and pray for him who is thine in the lord s. c. july , 28 , 1643. englands covenant ▪ the reasons that have induced the parliament to frame , and propose this present covenant to be taken by all the well-affected subjects of this kingdome ( as i conceive ) are especially two . 1. by reason of gods hand which lies so heavie upon us in this present judgement of the devouring svvord , which being one of the greatest outward miseries which can befall a people , shewes that their sinnes are grown to a great ripenesse , and that gentler physick will not serve turne to purge out their strong corruptions : whereupon after the godly examples of the pious and renowned kings of iudah , they have pitched upon this course as a speciall meanes to pacifie gods vvrath by a generall covenanting with god to indeavour a reformation of our hearts , and lives . 2. observing the incessant and indefatigable plots of the enemies of god , and his cause , either by open violence , or secret fraud to oppresse , or undermine the power and purity of our religion , and to introduce popery instead thereof : they have therefore thought fit by this covenant , to lay a stronger engagement upon every one to detect and discover , and oppose whatsoever may tend to the prejudice of the one , or to the furtherance of the other : but withall considering that the major part of those which are to enter into it either for want of information may scruple some part of it , or doe it aubitante conscientiâ , with a doubting conscience , which will make it a sinne to them ) or through inconsideratenesse may doe it hand over head , without understanding , or a just prepondering of the strong engagement which they lay upon themselves hereby , which will make them to breake it as lightly , as they undertooke it rashly . i have indeavoured therefore for the information of the one , and ballasting of the other in these few ensuing lines to shew the severall sorts of covenants , and the requisites of a lawfull covenant , and by the application of this present to those rules , to prove the lawfullnesse of it : as also by shewing the great ingagement that a sacred vow , layes upon the conscience of the undertakers of it , to deterre all , either from a giddy taking , or a rash and inconsiderate breaking of the same . vowes and covenants are of 2. sorts unlawfull and sinfull . lawfull and good . a sinnefull covenant is a bond whereby wee ingage our selves to something that is evill : such was that of those wicked jewes , 23. act. 12. who bound themselves under an oath of execration , that they would neither eate , nor drinke , till they had killed paul . a lawfull covenant is either civill . religious . mixt. a civill covenant is a bond whereby we ingage our selves each to other in civill respects : such as was that betwixt abraham and abimelech , 21. gen. 27. &c. a religious covenant is a bond whereby we engage our selves to god , to yeeld obedience to him in those things which are agreeable to his will , 2 chron. 29. 10 , 10 ezr. 3. 10. nohem . 29. and this religious covenant is either universall , singular . a universall religious covenant is a bond of all the faithfull vvhereby they engage themselves to the service of god in abstaining from sinne , and indeavouring to keep all his commandements : this covenant is made by all in baptisme , and renevved so often as vvee come to the sacrament of the lords supper . a singular religious covenant is a bond vvherein some one person for some speciall cause doth engage himselfe to god . and it is either absolute , and perpetuall . conditionall , and temporary . an absolute perpetuall covenant is a bond whereby wee engage our selves , absolutely to god , and during the whole terme of our lives , from which wee can never bee released : such was that of david 119. psal. 106. i have sworne and i vvill performe it , that i will keep thy righteous judgements . a conditionall and temporary covenant is a bond vvhereby we engage our selves , upon some condition , and for a certaine time onely , vvhich being expired , or the condition unperformed vve are freed from the same : vvhereof wee have examples , 1 sam. 1. 11. v. 18. act. 18. a mixt covenant vvhich is partly religious , and partly civill , is a bond whereby vve engage our selves both to god and men : such is this covenant now appointed to bee entred into : and such was that 2 king. 11. 17. iehoiada made a covenant betvveen the lord and the king : and the king , and the people , that they should bee the lords people : betvveen the king also and the people : thus having considered the severall sorts of covenants , i shall come in the next place to collect such requisites , and ingredients , as are necessary to the constitution of a lavvfull covenant , that so by examining this present covenant thereby , wee may more cleerely be convinced of the lawfulnesse of the same . which ingredients are especially these : 1. that the subject matter of it be lawfull , or else it 's no covenant , but a conspiracy , and they which enter into it are like simeon and levi , brethren in evill , or like those wicked jewes , vvhich bound themselves by an oath , and a curse that they would neither eate , nor drinke till they had killed paul , 23. act. 12. neither is it sufficient that the matter of it be lawfull , but it must be knowne also to be so by those which enter into it , at the time when they undertake it : for as in an oath wee must sweare in truth , i. e. the matter of it must be true : so in judgement also , i. e. knowing it to bee true , 4. ier. 2. or else we are guilty of perjury : so in vowes , and covenants which are sometimes accompanied with an oath , we must be well informed of the lawfulnes of the matter thereof , or else we make our selves guilty before god : and that of sol●mon may be applyed to such persons , 20 prov. 25. it 's a snare for a man to devoure holy things , and after the vow to enquire . 3. it 's also further required , that they which enter into a covenant should before hand , and at their entrance into it , fully resolve with themselves to the uttermost of their power to observe and keep the same , and that in every part , and branch of it : whereunto tends that advice of solomon , 5 ec. cles . 4 , 5. when thou vowest a vow deferre not to pay it , for god hath no pleasure in fooles . pay therefore that which thou hast vowed ? better it is that thou shouldest not vow , then that thou sholdest vow and not pay ▪ 30. num. 2. 4. it must be of things within our povver : or else to engage our selves by a vow to impossibilities , what is it but to prophane the sacred name of god ? and bring downe his curse upon us : this was the sinne of those after the floud which covenanted among themselves , to build a tower which should reach up to heaven : a thing impossible , if god had not confounded their language : and it was also an aggravation of their sinne , who vovved that they would neither eat , nor drinke till they had killed paul : which being out of their power , made their vovv the more unlawfull unto them . 5. the persons which bind themselves by a vow , must be sui juris , such as have power of their owne heads ; and bee not under the jurisdiction of another , or else they must be carefull to take along with them the consent of their governours , if they meane to free themselves from sinne : a maide in her fathers house , or a woman that hath an husband may not vow without the consent of their superiors , 30. nu. 3. &c. the reason is because they are not at their own disposall , and therefore not able to performe their vowes without the approbation of another , verse 13. having thus shewed the severall sorts of covenants , and what is required to make a lawfull one ; i shall now come to apply this present covenant to these rules , and thereby not only vindicate it from all unlawfulnes , but also shew the usefullnesse , if not necessity of it , at such a time as this is ; for which end i shall take it in sunder , and cleere the lawfulnesse of it in each branch , that so it may appeare to be free from just exception in the subject matter of it , which is the first thing required in a lawfull covenant . first , in the first part of it we professe our hearty sorrow for our owne , and the nationall sins , which have deserved the calamaties and judgements which now lie upon us , and that our intention is by gods grace to endeavour the amendment of our owne wayes : which clause is so cleere that i presume that every christian at the first vievv , will not onely see a lawfulnesse , but a necessity of the same : for in gods judgements wee may read our sins , in the generality , and greatnesse of the one ; the generality and greatnesse of the other , and in that day ( when gods hand lies heavie upon a nation ) doth the lord god call to weeping and mourning and to baldesse , &c. 22. isa. 12 , wherein wee see that same thing which is undertaken in this covenant , imposed as a duty by god himselfe , who doth not onely require a sence of , and sorrow for our sins , but a resolute endeavour of reformation also ; wash you , make you cleane , take away the evill of your workes , from before mine eyes , &c. isay 16. or else our humiliation is but hanging downe our heads like a bull rush for a day , 58. isa. 5. meere mocking of god , and deluding our owne soules . 2. that we doe abhorre and detest the late vvicked , and treacherous designe , and that we never gave , or will give , or assent to the execution thereof : but will according to our power and vocation oppose and resist the same , and all other of the like nature : this branch no one may take which hath in any measure been privie to the said plot , till they have first unburthened their conscience , by acknowledgeing what they have been privie to , and craving pardon for the same ; otherwise they devote themselves to the curse of god , who will be a swift witnesse against such perjured persons : and whose flying role will enter into their houses , and remaine therein , and consume them with the timber thereof , and stones thereof , 5 zach. 4. but for such persons as are free from the guilt of so foule a blot , they not only may , but ought to professe their detestation of so horrid a plot , as in the execution must necessarily have tended to the death and ruine of so many innocents : and had the plotters obtained their ends ; would without all question have ended in the dissolution of the parliament . and therein in the fatall period of religion , lawes , liberties and all future free parliament , also ; as the commission granted to them , will cleerly evidence and evince . 3. that in case any other like designe shal come to our knowledge , we will make such timely discovery , as may best conduce to the preventing of it : by like designe we are to understand , such as are destructive or prejudiciall to the parliament , citie or kingdome , as this former would have been : and this no one that is friend to any of these , or to himselfe in them can refuse to promise . some of the very heathen from the light , and principles of nature it selfe , have refused to survive their countries liberty : and shall not christians put to their helping hands , to wrest the liberty of their religion from the attempts of papists : the liberties of the parliament from the complotters of their ruine , and the liberties of the city , and kingdome fromthe power of tyrannicall oppressours , which is all that wee promise to doe when we engage our selves to a timely discovery of the like designes ? the kingdome is a ship : the parliament our steeres men : the citie the principall cabbin : and religion the precious fraught wherewith god hath laden our ship , and he is a traitour to all these which shall refuse to tye himselfe to indeavour their preservation . 4. that we do in our consciences beleive that the forces raised by the two houses of parliament , are raised and continued for their just defence : and for the defence of the true protestant religion , and liberties of the subject against the forces raised by the king : by the beliefe here spoken of ( as i conceive ) wee are not to understand such a faith , as is grounded upon indubitable & infallible principles , as we believe the articles of our religion : but only such a credence as is grounded upon probable arguments , and reasons , which first working upon our judgements doe afterwards convince our consciences to believe the same . now that we have sufficient reason thus to believe , let us but a little call to mind the plot of bringing up the army out of the north : the attempt made against the five members : the withdrawing of the king from his faithfull councell : the active instruments which have been imployed into forraigne parts to provide armes , ammunition , and commanders , the bringing of them over from time to time , their designe : to seize upon many of the strong holds of the kingdome : the putting of the armes into the hands of untrusty commissioners of array : the arming of the papists contrary to law : the correspondence held with the scottish , and irish papists , and rebells : the indeavour to raise a party in this city to seize upon the persons of some principall members of parliament and city : and the late plot as bad , if not worse then all the rest if by gods mercy it had not been strangled in the birth : these are sufficient arguments to induce us to believe that it was but high time for the parliament to raise forces , and to continue them for their just defence : againe consider also the setting up of masses in yorke , and oxford : the many jesuites , priests , and j●suited papists that are in the adverse armies , whose romish plots are only to advance the catholique cause , and ruine our religion . besides the granting of so many commissions for array ; which were so destructive to the subjects liberty : the pillaging and plundering of the houses and estates of the best subjects , and burning of their habitations , and we cannot but be convinced , it was high time to raise and it is just to continue these forces for the defence of the true protestant religion , and the liberties of the subject , and hereupon vve doe declare , vow and covenant , that wee will according to our power and vocation , assist these forces thus raised and continued by both houses of parliament against the forces raised by the king without their consent : if we be upon the former grounds , or the like once convinced , that these forces are justly raised and continued for the ends aforesaid , then it will necessarily follow that wee are bound in conscience to be aiding and assisting to them according to our power and vocation , i. e. with our persons , if we be fit , and have a calling thereunto , or with our purses according to our abilities if we be not set to serve in person : and with our advice and prayers also for their good successe ; and he is no true friend either to parliament , religion or liberties , that upon information shall refuse to make this vow : besides , it is but high time that men should by such a sacred bond bee quickned unto this assistance in these times , wherein so many grow wearie of the worke , and by withdrawing their persons and purses from assisting do much endanger the cause of god . 5. that vve will likewise assist all other persons that shall take this oath in what they shall doe in pursuance thereof , neither can this be justly scrupled , for if we enter into this covenant our selves , and in pursuance of any thing conteined in it , vve shall stand in need of the assistance of others : as we shall desire , so wee cannot but thinke our selves much injured if wee find not assistance from them , and then the law of requitall doth require , that when occasion is offered we shall not withdravv our help from them also : besides , by this union among our selves , the common cause of god , and the kingdome will bee much strengthned , and every undertaker in it will be much encouraged when they see so many by so strong a bond to be engaged to their help . againe , it cannot bee conceived but that this covenant will excite & provoke the hatred of the adverse party against the undertakers of it exceedingly , whereof we had late experience in our brethren of scotland so much hated and prosecuted under the name of covenanters , and therefore wee have need to tye our selves to mutuall assistance for our better support against the odium and rage of the adversary . 6. that wee will not directly or indirectly adhere unto , nor shall willingly assist the forces raised by the king , without the consent of both houses of parliament . herein provision is made against equivocation , & those cunning tricks and evasions which many find out to cosen both themselves and others , as when a man will not send himselfe , but will suffer his wife , or children , or other friends to doe it , as hath been the practice of many hundreds in severall parts of the kingdome , who themselves have lent money , or sent an horse to the parliament , but have suffered their wives or sons to send twice so much to the king , that so by complying with both , they might escape the displeasure of either , besides many who ( living in some places have been ashamed to owne the supporting of the kings forces , yet under hand they have contributed much to them : but now it s required that neither directly nor indirectly wee bee aiding to them , and yet because many whose hearts are upright with god and his cause , live under the power , or fall into the hands of the barbarous and bloudy cavaliers , so that the not contributing to them , may endanger their lives , liberties , and estates , therefore is that word put in , that we shall not willingly assist , but only in the cases aforementioned : and if we do but seriously consider the aime and drift of the kings forces evidently discovered to all that are not wilfully blind , and their wayes and manner of prosecuting the same , wee may easily conclude that they are enemies to god and his gospell , and to the parliament , and their liberties , to the kingdome and its lawes , who will vvillingly be assistant to them . and thus i have briefly run over this covenant in every branch of it , and thereby endeavoured to prove the lawfulnesse of it in the subject matter : i shall now proceed to examine it by the other rules required in a lawfull covenant , that so i may fully vindicate it from all hesitation . the second thing required is , that it bee knowne to bee lawfull at the time of the taking of it , for which end the parliament hath long since caused it to bee published in print , that so all men might see it , and have time fully to informe themselves of the lawfulnesse of it ; and in case that any doubts should arise , they might repaire to those which are fit and able to resolve them , that so no scruple might remain at their taking of it . thirdly , it must be with a purpose of keeping it , and ill may hee faire that shall make this covenant with any other purpose whatsoever : for if it be lawfull , as is proved before , and that thereupon we engage our selves by it , it must needs argue a prophane and atheisticall heart in any that shall resolve for sinister ends to take it , and yet purpose afterwards to break it ; and what doe they therein ▪ but pray for a curse upon themselves , whilst invocating the sacred name of god to be a witnesse of their sincerity in making this vow , yet withall they resolve that he shall dispense with them in their future breaches of it ; and how will such dissemblers be able to answer it at the dreadfull day , when the secrets of all hearts shall be disclosed . fourthly , it must be of things within our power , and so is this covenant in all the branches of it . lastly , the persons that enter into it are either such as have power of their owne heads , or that have the consent of their superiours : and therefore having all the ingredients that are required to make up a lawfull covenant and vow , it must necessarily follow that it is lavvfull : but let us a little further consider whether there be not a kind of necessity also that this , or the like covenant should be entred into at such a time as this , which i conceive will fully appeare if we consider . first , that there is no readier nor more effectuall way to pacifie the displeasure of god and to procure a removall of these judgements which lye so heavy upon us then by sorrowing for our sins acknowledging god justice , and vowing a r●formation this isa , hezekiah iosiah , and nehemiah knew , and therefore had recourse to this meanes , which accordingly they found sucessefull . secondly , it will appeare to be necessary if we doe but consider the restlesse attempts of the adversaries to corrupt and seduce incautious persons , to their owne , and others ruine , they have had their emis●aries , and instruments in every city , and town , to propose the specious baits of honours offices , riches , favour , friends , & what not ? that so they may inveigle the simple by working upon every humor , to betray both church , and common-wealth into their power and therefore it cannot but be necessary that by the sacred bond of a vow , we should be fortified against such inticements . if wee doe but consider the pronesse that is in our natures to be seduced , and led aside by such importunate sollicitations and strong provocations to evill , especially vvhen they come , backed with large promises , and great hopes of advantage , wee must needs confesse it necessary , that at such a time provision of a remedy , should be made against such assaults , and there can be no better found out then a solemne covenant , whereby vve are to engage our selves before the searcher of all hearts , to stop our eares against such syrens songs which would enchant us , to rush upon our owne destruction , and to prefer selfe-ends before the peace and welfare of church and state . it cannot be imagined that this late plot is as yet fully discovered , but that there still remaine many persons undetected vvhich have their hands deeply in it . and therfore this covenant is necessary that so such persons out of a deep sence of that great guilt , which they pluck upon themselves , in case they sweare falsly therein , may be brought to an acknowledgem●nt and confession , of what they know about it , and to crave pardon for the same , before they enter into this covenant , vvhich would bee a great meanes to prevent much mischiefe that may otherwise ensue , in case it remaine undiscovered . it cannot bee doubted but that many both in this city , and in other parts of the kingdome have either openly , or secretly ; sent money , plate , armes , or other necessaries to the adverse forces ; whereby they have been much strengthned , and this uncivill civill and unnaturall warre hath bin much fomented , and therefore it is but necessary that every one should disavow his contribution of such assistance for the time to come , that so by withdrawing the fewell , this fire of contention may the sooner be extinguished . it is evident that this war continuing longer , then was at first expected , the spirits of many well affected persons are much cooled , and deadned in the prosecution of the worke , whence it comes to passe that they withdraw their persons from the service , and close their purses from contributing to it , whereby the cause of god and the kingdome lies a bleeding almost to death , and therefore it is but need that we should be all quickned to prosecute it , with more zeale and fervour , and not by our remissenes basely to betray so good a cause , which if not upheld , will certainely turne to the ruine of our selves , religion and all . thus having cleered these two principall points , concerning the lawfulnesse and necessity of this covenant , i shall briefly in the last place , indeavour to answer such objections as are usually made against it , which are especially these . we are bound by our oath of allegiance and the late protestation to defend the kings person , honour , and estate , and how then can we enter into this covenant ? this covenant ties us not to any thing that may be prejudiciall unto them . by it wee are bound to assist the parliament forces , against the forces raised by the king , unto which his person is adjoyned , and in assisting against his forces , his person may be indangered . severall petitions have been tendred to his majesty to retire his person from their company , and thereby to secure it from danger : if notwithstanding the same , hee shall suffer himself to be over-ruled by evill counsellors the guilt will lie upon those which have seduced him ; it 's necessary for the parliament , to raise forces for the apprehending of those traytors against his majesty and the kingdome , which are protected against justice , and who are so strong that the ordinary ministers of justice cannot lay hold upon them ▪ to bring them to a legall tryall , and therefore , as is usuall in cases of rebellion , an army is sent against them , which the king himself ought to assist , and not endanger his person amongst the other . but the king commands me to assist his forces , and forbids mee to bee aiding to the other , and i am bound to obey him . the king is to be considered under a double notion or capacity , either as a king , or as a man ; as a king he can command nothing , but vvhat the law commands , and then every subject is bound to obey him therein ; but as he is a man his judgement may bee corrupted , and his passions may mislead him , so that hee may command that which is destructive both to himselfe and the kingdome ; and herein he is the best subject that disobeyes him . the amalekite that said that he killed saul , at his own command , was justly put to death by david as a traytor for that fact , 2 king. 1. 15 , 16. and if a king in his passion shall proffer violence to a mans person , or command another to doe it , i am bound by the law of nature to defend my selfe against him , and it 's no breach of my oath of allegeance to doe it . but taking up of armes against the king , hath been generally cryed dovvne by the godly and learned . 1. here is no taking up of arms against the king , but against his evill counsellours , who have imbittered his spirit against his great and faithfull counsell , and doe still captivate his person amongst them . and till such bee brought to condigne punishment , wee can never enjoy either religion , persons , families , or estates in safety . 2. many learned divines have affirmed , and sufficiently proved both by the law of god , nature , and nations , that if a king turne tyrant , and oppresse his subjects in their religion , lawes ; or liberties , it is lawfull for them vim vi repellere , as was done by the netherlanders , and protestants in france : neither was it condemned in queene elizabeth by our english divines , when she sent auxiliary forces to both those places , to assist them against their owne kings : and did not king charles also send a navie for the reliefe of rochell when the poore protestants were besieged therein , by their owne king : and hath hee not also declared the scots to bee his good and faithfull subjects though they took up armes to defend their religion , and liberties against oppression . in this covenant we binde our selves to assist all others , in what they shall doe in pursuance thereof : what if they doe any unlawfull act in the pursuance of it ? in the pursuance thereof doth necessarily imply , that it must be done lawfully , and therefore that word was inserted in the late protestation , & must be understood here also . but how will it appeare that it is lawfull for the parliament to raise forces without , much lesse against the kings consent . an. this question is so fully , and largely discussed , and the thing proved to be lawfull both in case of law , and conscience , by mr. prin in his third part , and by diverse of our divines in their answers to dr. ferne , that i shall referre the reader to seeke for satisfaction there , where it may be had abundantly , if they come with unballanced judgements and shut not their eyes against that light which shineth therein . thus these usuall objections being answered , i shall adde only thus much , that if there be any which have not already enter'd into this covenant , seeing the lawfullnes and necessity of it by this which hath been premised , they will no longer deferre to doe it , but speedily undertake , with all cheerefulnesse and alacrity , as the men of iudah did in asa's time , 2 chron. 15. 14 , 15. and not onely so , but that they will indeavour also to draw as many as possibly they can to doe the like . the worke is great and needs many hands to help it forward : multorum manibus grande levatur onus . the enemies are vigilant and active to disunite us , they cast in many bones of division : therefore we have need by this covenant to cement our selves together , or else wee are undone . divide , & impera is the old motto . and lastly , that having once entered into it , wee must resolve with our selves , that we can never be freed from that tye which it layes upon us , and that therefore wee must be alwayes mindfull of it , and carefull to observe it in every part , and branch thereof , that our hearts being knit together in a firme bond of mutuall assistance , and love the god of love , and peace may be with us , and for us . amen . notes, typically marginal, from the original text notes for div a33303e-210 civile . sacrum . mixtum de lic●● de possibilibus . object . ans. obj● . ans. object . answ. object . answ. quest . answ. quest . answ. two speeches delivered before the subscribing of the covenant, the 25. of september, at st. margarets in westminster the one by mr. philip nye, the other by mr. alexander henderson. nye, philip, 1596?-1672. this text is an enriched version of the tcp digital transcription a52601 of text r4609 in the english short title catalog (wing n1501). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 40 kb of xml-encoded text transcribed from 13 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a52601 wing n1501 estc r4609 13081199 ocm 13081199 97236 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a52601) transcribed from: (early english books online ; image set 97236) images scanned from microfilm: (early english books, 1641-1700 ; 747:4) two speeches delivered before the subscribing of the covenant, the 25. of september, at st. margarets in westminster the one by mr. philip nye, the other by mr. alexander henderson. nye, philip, 1596?-1672. henderson, alexander, 1583?-1646. [24] p. printed by robert bryson, edinburgh : 1643. reproduction of original in union theological seminary library, new york. eng solemn league and covenant (1643) oaths -england. a52601 r4609 (wing n1501). civilwar no two speeches delivered before the subscribing of the covenant, the 25. of september, at st. margarets in westminster. the one by mr. philip nye, philip 1643 7807 16 0 0 0 0 0 20 c the rate of 20 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2004-03 tcp assigned for keying and markup 2004-03 aptara keyed and coded from proquest page images 2004-04 emma (leeson) huber sampled and proofread 2004-04 emma (leeson) huber text and markup reviewed and edited 2004-07 pfs batch review (qc) and xml conversion 〈◊〉 speeches delivered before the subscribing of the covenant , the 25. of september , at st. margarets in westminster . the one by mr. philip nye . the other by mr. alexander henderson . published by speciall order of the house of commons . edinburgh , printed by robert bryson , anno dom. 1643. an exhortation made to the honourable house of commons and reverend divines of the assembly , by mr. nye before hee read the covenant . a great and solemn work ( honourable and reverend ) this day is put into our hands let us stir up and awaken our hearts unto it . wee deal with god as well as with men , and with god in his greatnesse and excellency , for by him wee swear , and at the same time we have to do with god and his goodnesse , who now reacheth out unto us a strong and seasonable arme of assistance . the goodnesse of god procuring succour and help to a sinfull and afflicted people , ( such are we ) ought to bee matter of fear and trembling even to all that hear of it , ier. 33. 9. we are to exalt and acknowledge him this day who is fearfull in praises , sweare by that name which is holy and reverent , enter into a covenant and league that is never to be forgotten by us nor our posterity , and the fruit i hope of it shall be so great , as both we and they shall have cause to remember it with joy ; and such in oath as for matter , persons , and other circumstances ; the like hath not been in any age or oath we read of in sacred or humane stories , yet sufficiently warranted in both . the parties ingaging in this league are three kingdomes , famous for the knowledge , & acknowledgment of christ above all the kingdomes in the world ; to swear before such a presence , should mould the spirit of man into a great deal of reverence ; what then to be engaged , to be incorporated , and that by sacred oath , with such an high and honourable fraternity ? an oath is to be esteemed so much the more solemne , by how much greater the persons are that sweare each to other : as in heaven when god sweares to his son , on earth when kings swear each to other , so in this businesse , where kingdomes sweare mutually . and as the solemnity of an oath is to bee measured by the persons swearing , so by the matter also that is to be sworn to ; god would not swear to the covenant of works , hee intended not to honour it so much , it was not to continue , it was not worthy of an oath of his : but to the covenant of grace , which is the gospell , he swears and repents not of it . god swears for the salvation of men , and of kingdomes : and if kingdomes swear what subject of an oath becommeth them better then the preservation and salvation of kingdomes , by establishing the kingdome of a saviour amongst them , even our lord and saviour jesus christ , who is a mediator and saviour for nations as well as particular persons ? the end also is great and honourable , as either of the former two is better then one , saith he who best knoweth what is best ; and from whom alone every thing hath the goodnesse it hath . association is of divine off-spring , not only the beginning of creatures , but the putting of them together : the cluster as well as the grape is the work of god : consort and harmony amongst men , especially amongst saints , is very pleasing unto the lord if when but two or three agree & assent upon any thing on earth , it shall be confirmed in heaven : and for this , because they gather together in his name , much more when two or three kingdomes shall meet and consent together in his name and for his name , that god may bee one , and his name one amongst them , and his presence amidst them . that prayer of christ seemeth to proceed from a feeling sense of his own blessednesse : father , that they may be one , as thou in me , &c. unity amongst his churches and children must needs therefore be very acceptable unto him : for out of the more deep sense desires are fetcht from within us , the more pleasing will be the answer of them unto us , churches and kingdomes are dear to god , his patience towards them , his compassion over them , more then particular persons , sheweth it plainly . but kingdomes willingly engaging themselves for his kingdome , his christ , his saints , the purity of religion , his worship , and government , in all particulars ▪ and in all humility sitting down at his feet to receive the law and the rule from his mouth , what a price doth hee set upon such ? especially when ( as we this day ) sensible of our infirmity , of an unfaithfull heart not , steddy with our god , but apt to start from the cause , if we feel the knife or the fire : who binde our selves with cords , as a sacrifice to the hornes of the altar . we invocate the name of the great god , that his vowes , yea his curse may bee upon us , if we do not this , yea though we suffer for so doing that is , if we endeavour not so farre as the lord shall assist us by his grace , to advance the kingdome of the lord jesus christ here upon earth , and make jerusalem once more the praise of the whole world , not withstanding all the contradictions of men . what is this but the contents and matter of our oath ? what doe we covenant ? what do we vow ? is it not the preservation of religion , where it is reformed and the reformation of religion , where it needs ? is it not the reformation of three kingdomes , and a reformation universall , doctrine , discipline , and worship ▪ in whatsoever the word shall discover unto us ? to practise , is a fruit of love ; to reforme , a fruit of zeale ; but so to reforme , will bee a taken of great prudence , and circumspection in each of these churches . and all this to be done according to gods word , the best rule , and according to the best reformed churches , the best interpreters of this rule . if england hath obtained to any greater perfection in so handling the word of righteousnesse , and truths , that are according to godlinesse as to make men more godly , more righteous : and if in the churches of scotland any more light and beauty in matters of order and discipline , by which their assemblies are more orderly : or if to any other church or person it hath been given better to have learned christ in any of his wayes then any of us ; wee shall humbly bow , and kisse their lips that can speak right words unto us in this matter , and help us into the nearest uniformity with the word and minde of christ in this great work of reformation . honourable and reverend brethren , there cannot be a more direct & effectuall way to exhort and perswade the wise , and men of sad and serious spirits ( and such are you to whom i am commanded to speak this day ) then to let into their understandings the weight , and worth , and great importance of the work they are perswaded unto . this oath is such , and in the matter and consequence of it , of such concernment , as i can truly say , it is worthy of us , yea of all these kingdomes , yea of all the kingdomes of the world , for it is swearing fealty and allegeance unto christ the king of kings ▪ and a giving up of all these kingdomes , which are his inheritance , to be subdued more to his thron , and ruled , more by his scepter , upon whose shoulders the government is laid , and in the increase of whose government and peace there shall be no end , esay 9. yea , we finde this very thing in the utmost accomplishment of it , to have been the oath of the greatest angel that ever was , who setting his feet upon two of gods kingdomes , the one upon the sea , the other upon the earth , lifting up his hand to heaven , as you are to doe this day , and so swearing , rev. 10 the effect of that oath you shall finde to be this , that the kingdomes of the world become the kingdomes of the lord and his christ , and hee shall reigne for ever . rev. 11 , his oath was for the full and finall accomplishment , this of yours for a graduall , yet ▪ a great performance towards it . that which the apostles and primitive times did so much and so long pray for , though never long with much quietnesse enjoyed , that which our fathers in these latter times have fasted , prayed and mourned after , yet attained not ; even the cause which many dear saints now with god , have furthered by extreamest sufferings , poverty , imprisonment , banishment , death , ever since the first dawning of reformation : that and the very same is the very cause and work that wee are come now , through the mercy of jesus christ , not only to pray for , but swear to . and surely it can be no other , but the result and answer of such prayers and teares of such sincerity & sufferings , that three kingdomes should be thus born , or rather new born in a day ; that these kingdomes should be wrought about to so great an engagement , then which nothing is higher , for to this end kings raigne , kingdomes stand , and states are upheld . it is a speciall grace and favour of god unto you brethren , reverend and honourable , to vouchsafe you the opportunity , and to put into your hearts ( as this day ) to engage your lives and estates in matters so much concerning him and his glory . and if thou should doe no more but lay a foundation stone in this great work , and by so doing engage posterity after you to finish it , it were honour enough : but there may yet further use be made of you , who now are to take this oath , you are designed as chief master builders and choice instruments for the effecting of this setled peace and reformation ; which if the lord shall please to finish in your hands , a greater happinesse on earth , nor a greater means to augment your glory and crown in heaven , you are not capable of . and this let me further adde for your encouragement of what extensive good and fruit in the successe of it , this very oath may prove to be , we know not . god hath set his covenant like the heavens , not onely for duration , but like also for extension : the heavens move and roule about , and so communicate their light , and heat , and vertue , to all places and parts of the earth ; so doth the covenant of god , so may this gift bee given to other covenants that are framed to that pattern . how much this solemne league and oath may provoke other reformed churches to a further reformation of themselves ; what light and heat it may communicate abroad to other parts of the world , it is only in him to define to whom is given the utmost ends of the earth for his inheritance , and worketh by his exceeding great power great things out of as small beginnings . but howsoever , this i am sure of , it is a way in all probability most likely to enable us to preserve & defend our religion against our common enemies , and possible a more sure fundation this day will be laid for ruining popery and prelacy , the chief of them , then as yet we have been led unto in any age . for popery , it hath been a religion ever dexterous in fencing and muniting it self by association and joynt strength , all sorts of professors amongst them are cast into fraternities and brother hoods , and these orders carefully united by vow one with another and under some more generall notion of common dependancie . such states also & kingdomes as they have thus made theirs ; they endeavour to improve and secure by strict combinations and leagues each to other , witnesse of late yeares that la sainte ligue , the holy league . it will not bee unworthy your consideration , whether seeing the preservation of popery hath been by leagues and covenants , god may not make a league or covenant to be the destruction of it : nay the very rise of popery seemeth to bee after such a manner by kings , that is , kingdomes assenting and agreeing perhaps by some joynt covenant ( the text saith with one minde , why not then with one mouth ) to give their power and strength unto the beast , and make war against the lamb . rev. 17. where you read the lamb shall overcome the beast , and possibly with the same weapons , hee is the lord of lords , and king of kings , hee can unite kings and kingdoms , and give them one minde also to destroy the whore and bee her utter ruine , and may not this dayes work be a happy beginning of such a blessed expedition ? prelacie another common enemy , that we covenant and swear against , what hath it been , or what hath the strength of it been , but a subtile combination of clergy men formed into a policy or body of their own invention , framing themselves into subordination and dependencie one upon another ; so that the interest of each is improved by all , & a great power by this means acquired to themselves , as by sad experience we have lately found : the joynts and members of this body , you know were knit together by the sacred engagement of an oath , the oath of canonicall obedience as they called it : you remember also with what cunning and industrie they endeavoured lately to make this oath and covenant more sure for themselves and their posterity . and intended a more publike , solemn and universal engagement , then since popery this cause of theirs was ever maintained or supported by . and questionlesse , ireland and scotland also must at last have been brought into this holy league with england . but blessed be the lord , and blessed be his good hand the parliament , that from the indignation of their spirits against so horrid a yoke , have dashed out the very brains of this project , and are now this day present before the lord to take and give possession of this blessed ordinance , even an oath and covenant as solemne and of as large extent as they intended theirs ; uniting these three kingdoms into such a league and happy combination , as will doubtlesse preserve us and our reformation against them , though their iniquity in the misteries of it should still be working amongst us . come therefore ( i speak in the words of the prophet ) let us joyne our selves to the lord , and one to another , and each to all , in a perpetual covenant that shall not be forgotten . we are now entring upon a work of the greatest moment and concernement , to us , and to our posterity after us , that ever was undertaken by any of us , or any of our . forefathers before us , or neighbouring nations about us ; if the lord shall blesse this our beginning , it will bee a happie day , and we shall be a happy people . an oath is a duty of the first commandment , and therfore of the highest and noblest order and rank of duties , therefore must come foorth attended with choycest graces , especially with these two , humility , and fear . fear , not onely of god , which ought to bee in an eminent measure , gen. 31. 53. iacob swear by the feare of his father isaac , as if hee coveted to inherit his fathers grace , as well as his fathers god : but also feare of an oath , it being a dreadfull duty , and hath this peculiar , it is established by the oath of god , i have sworne that unto mee every tongue shall sweare , isa 45. 23. it is made the very character of a saint , hee feares an oath eccles. 9. 2. humility is another grace requisite , set your hearts before god in an humble obedient frame ; deut. 6. thou shalt fear the lord thy god , and serve him , and sweare by his name . the apostle paul was sensible of this engagement , even in the very act of this duetie , rom 1. 9 , i call god to witnesse whom i serve in my spirit ; although it be a work of the lips , yet the heart and the whole man must be interessed if we expect this worship to be acceptable , psal. 119 108. accept the free will offering of my mouth , and teach me thy judgements . also it must bee done in the greatest simplicity and plainnesse of spirit , in respect of those with whom wee covenant . we call god as a witnesse betwixt us who searcheth the heart : with him is wisedome and strength , the deceived & deceiver is his , iob 12. 19. he hath wisedome to discover , and strength to punish , if our hearts be not upright to our brethren in this matter . let us be contented with this , that the words of our covenant be bands , it may not be so much as in the desire of our harts that they should become snares , no not to the weakest and simplest person that joyneth with us . in the whole work make your addresse unto god , as iacob did to his 〈…〉 there bee the like fear and jealousie over : your spirits , gen. 27. 12. my father peradventure will feel me , and i shall seem to him as a deceiver , and i shall bring a curse upon me , and not a blessing . i take liberty with more earnestnesse to presse this care upon you , because i have observed oaths and covenants have been undertaken by us formerly , and by the command of authority , the fruit whereof , though great yet not answered our expectation ; the lord surely hath been displeased with the slightnesse of our hearts in the work . i beseech you bee more watchfull , and stirre up your hearts with more industry this day then ever before : as it is the last oath you are likely to take in this kinde , so it is our last refuge , tabula post naufragium . if this help not , wee are likely to remaine to our dying day an unhappy people , but if otherwise , you will indeed sweare with all your hearts , and seek the lord with your whole desire , god will bee found , and give you rest round about , 2 chor. 15 , 15. and having sworn , and entred into this solemne engagement to god and man , make conscience to doe accordingly , otherwise it is better thou shouldest not vow ecclesiast . 5. as it is said of fasting , it is not the bowing down of the head for a day , so of this solemne swearing it is not the lifting up of the hand for a day , but an honest and faithfull endeavouring after the contents of this covenant all our dayes , a truce breaker is reckoned up amongst the vilest of christians , 2. tim. 3. 3. so a covenant-breaker is listed amongst the worst of heathens , rom. 1. 31 , but hee that sweareth and changeth not , though he swear to his hurt , that is , he that wil keep his covenant and oath though the contents of it prove not for him , nay possibly against him , yet hee will keep it for his oaths sake , such a one shall have his habitation with the most high , and dwell in his tabernacle , psal. 15. and as for you , reverend brethren , that are ministers of the gospel , there is yet another obligation will lie upon you , let us look to our selves , and make provision to walk answerable to this our covenant for the gospels sake ; it will reflect a great aspertion upon the truth of the gospel , if wee should bee false or unconstant in any word or purpose , though in a matter of lesse consequence , as you can easily collect from that apology of paul 2 cor. 1 17 , 18. how much more in such a case as this is , if we should bee found to purpose , nay more , to vow , and covenant , and swear , and all this , according unto the flesh , and with us there should be , notwithstanding all these obligations , yea , yea , and nay , nay ? that we may all who take the covenant this day , he constant , immoveable , and abound in this work of the lord , that we may not start aside , or give back , or goe on uncomfortably , there is a twofold grace or qualification to bee laboured after . 1 wee must get courage , spirits that are bold and resolute . it is said in haggai , that the lord stirred up the spirit of zerubbabel governour of iudah , and the spirit of ioshua the high priest , and the spirit of all the remnant of the people , and they came , and did work in the house of the lord , the vvork of gods house : reformation-work especially , is a stirring work ; read stories , you finde not anywhere reformation made in any age , either in doctrine or discipline , without great stirre and opposition . this was foretold by the same prophet . chap. 2. vers. 7. the promise is , hee will fill his house with glory but what goeth before , vers 6 , yet once it is a little while and i will shake the heavens , and the earth , and the sea , and the dry land that is , all nations , as in the words following , this place is applyed heb 12 , to the removing jewish rites , the moveables of gods house . the like you 〈◊〉 in the apostles times , acts 17 , the truth bei●● preached , some beleeved , others did not ; here beginnet● the stirre , vers. 6. those that beleeved not . tooke unt● themselves certaine lewd fellows of the baser sort , and gathered a company , and set all the city in an uproare : and vvhen they had done so , complained of the brethren to the rulers , as men that turn the world upside down , ver. 6 read also acts 21. 27 , 30. 31. in such a work therefore men had need bee of stout , resolute , and composed spirits , that vve may bee able to goe on in the maine , and stirre in the middest of such stirres , and not bee amazed at any such doings . it may possibly happen , that even amongst your selves there vvill bee out cryes , sir , you vvill undo all , saith one , you vvill put all into confusion saith another , if you take this course , saith a third , vve can expect nothing but bloud : but a vvise states-man , like an experienced sea-man , knovveth the compasse of his vessel , and though it heave and tosse , and the passengers cry out about him , yet in the middest of all hee is himself , turneth not aside from his work , but steereth on his course . i beseech you let it be seriously considered , if you meane to doe any such work in the house of god as this is ; if you meane to pluck up what many yeares agoe was planted , or to build up what so long agoe was pulled downe , and to goe thorough with this work , and not bee discouraged , you most begge of the lord this excellent spirit , this resolute stirring spirit , otherwise you will bee out spirited , and both you and your cause slighted and dishonoured . 2 on the other hand wee must labour for humility , prudence , gentlenesse , meeknesse . a man may bee very zealous and resolute , and yet very meek and mercifull : jesus christ was a lyon , and yet a lambe also ; in one place hee telleth them hee commeth to send fire on the earth : and in another place rebuketh his disciples for their fiery spirits , luk. 9. 54 : there was the like composition in moses , and in paul , and it is of great use , especially in this worke of reformation . i have not observed any disputes carried on with more bitternesse in mens writings , and with a more unsanctified heat of spirit , yea and by godly men too , then in contraversies about discipline , church government , ceremonies , and the like . surely to argue about government with such ungoverned passions , to argue for reformation with a spirit so unreformed , is very uncomely let us be zealous , as christ was , to cast out all , to extirpate and root out every plant his heavenly father hath not planted ; and yet let us doe it in an orderly way , and with the spirit of christ , whose servants we are , the servant of the lord must not strive , but be gentle to all men , apt to teach , patient , in meeknesse instructing those that oppose , 2 tim. 2. 24 25. we solemnly engage this day our utmost endeavours for reformation ; let us remember this , that too much heat , as well as too much coldness , may harden men in their wayes , and hinder reformation . brethren , let us come to this blessed work , with such a frame of heart , with such a minde for the present , with such resolutions for the time to come ; let us not bee wanting to the opportunity god hath put into our hands this day ; and then i can promise you , as the prophet , consider this day and upwards , even from this day , that the foundation of the lords work is laid . consider it , from this day will i blesse you , saith the lord . nay , we have received as it were the first fruits of this promise , for as it is said of some mens good works they are manifest beforehand , 1 tim. 5. even so may be said of the good work of this day , it is manifest before hand , god hath as it were before hand testified his acceptance ; while wee were thinking and purposing this free will offering , he was protecting and defending our armie , causing our enemies the enemies of this work to flie before us , and gave us a victory , not to be despised , surely this oath and covenant shall be iudahs joy , the joy and comfort of this whole kingdome , yea , of all three kingdomes . jesus christ king of the saints govern us by his spirit , strengthen us by his power , undertake for us according as he hath sworn , even the oath which he sware to our father abraham , that hee would grant unto us , that we being delivered out of the hands of our enemies , might serve him without feare in holinesse and righteousnesse before him all the dayes of our life , luke 1. grant unto us also , that when this life is finished , and wee gathered to our fathers , there may be a generation out of our loynes to stand up in this cause , that his great and reverent name may be exalted from one generation to another , untill hee himself shall come , and perfect all with his own hand by his own wisedome : even so come lord jesus , come quickly , amen . a speech delivered by m. alexander henderson , immediatly before the taking of the covenant , by the house of commons , and assembly of divines . although the time bee farre spent , yet am i bold ( honourable , reverend , and beloved in the lord ) to crave your patience a little ; it were both sin and shame to us in this so acceptable a time , in this day , which the lord hath made , to bee silent and to say nothing : if we should hold our peace , wee could neither be answerable to god , whose cause and worke is in hand ; nor of this church and kingdome , unto which we have made so large profession of duty , & ow much more ; nor to our native kingdome , so abundant in affection toward you ; nor to our own heart , which exceedingly rejoyce to see this day : we have greater reason then the leprous men sitting in a time of great extremitie at the gate of samaria , to say one to another , we do not well , this day is a day of good tydings , and we hold our peace ? it is true , the syrians are not yet sted ; but our hope is through god , that the worke begun this day , being sincerely performed and faithfully pursued , shall put to flight , not onely the syreans and babylonians , but all other enemies of the church of god , of the kings honour , and of our liberty and peace . for it is acceptable to god and well pleasing in his sight , when his people come willingly in the day of his power ( and how shall they not be willing in the day of his power ? ) to enter a religious covenant , with him and amongst themselves whatsoever be the condition of the people of god , whether in sorrow and humiliation before deliverance , or in rejoycing & thanksgiving after deliverance ? this is it , which the lord waits for at their hands , which they have been used to performe , and with which hee hath been so well pleased , that it hath been the fountaine of many deliverances and blessings unto them . when a people beginneth to forget god , he lifteth up his hand against them and smitteth them : and when his people , humbled before him , lift up their hands not only in supplication , but in covenant before the most high god , he is pleased ( such is his mercy and wonderfull compassion ) first , to lift his hand unto them , saying , i am the lord your god , as we have it three times in two verses of the 20. of ezekiel , and next he stretcheth out his hand against his enemies and thers . it is the best work of faith , to joyn in covenant with god , the best work of love and christian communion to joyn in covenant with the people of god ; the best work of the best zeal , to joyn in covenant for reformation , against the enemies of god and religion ; the best work of true loyaltie , to joyn in covenant for the preservation of our king and superiours ; and the best proof of naturall affection ( and to be without naturall affection , is one of the great sinnes of the gentiles ) to joyn in covenant for defence of our native countrey , liberties , and lawes ; such as for these necessary ends to withdraw and are not willing to enter into covenant , have reason to enter into their own hearts and to look into their faith , love . zeal , loyalty , and naturall affection . as it is acceptable to god , so have we for it the precedent and example , not onely of the people of god of old , of the reformed churches of germany , and the low countreyes ; but of our owne noble and christian progenitors in the time of the danger of religion , which is expressed in the covenant it self . the defect was ; they went not on throughly to enter in a solemne covenant ; an happinesse reserved for this time ; which had they done , the corruptions and calamities of these dayes might have been prevented : and if the lord shal bee pleased to move , loose , and enlarge the hearts of his people in his majesties dominions to take this covenant , not in simulation , nor in luke warmnesse , as those that are almost perswaded to bee christians , but as becommeth the people of god , it shall bee the prevention of many evils and miseries , and a meane of many and rich blessings , spirituall and temporall , to our selves , our little ones , and the posterity that shall come after us for many generations . the neere and neighbouring example of the church and kingdome of scotland , is in this case worthy of our best observation : when the prelates there , were grown by their rents , and lordly dignities , by their exorbitant power over all sorts of his majesties subjects , ministers and others , by their places in parliament , councel , colledge of justice , exchequer , and high commission , to a monstrous dominion and greatnesse , and like gyants , setting their one foot on the neck of the church , and the other on the neck of the state , were become intolerable insolent ; and when the people of god through their oppression in religion , liberties and lawes , and what was dearest unto them , were brought so low , that they chused rather to die , then to live in such slavery , or to live in any other place , rather then in their own native countrey ; then did the lord say , i have seen , i have seen the affliction of my people , and i have heard their groaning , and am come downe to deliver them . the beginnings were small , and contemptible in the eyes of the presumptuous enemies , such as use to be the beginnings of the greatest works of god ; but were so seconded and continually followed by the undeniable evidences of divine providence , leading them forward from one step to another , that their mountain became strong in the end . no tongue can tell what motions filled the hearts , what teares were poured forth from the eyes , and what cryes came from the mouthes of many thousands in that land , when they found an unwonted flame warming their breastes , and perceived the power of god raising them from the dead , and creating for them a new world wherein should dwell religion and righteousnes . when they were destitute both of moneys and munition , which next unto the spirits and armes of men , are the sinews of warre , the lord brought them forth out of his hid treasures ; which was wonderfull in their eyes , and matter of astonishment to their hearts : when they were many times at a pause in their deliberations , and brought to such perplexity , that they knew not what to chuse or to do , for prosecuting the work of god , onely their eyes were toward him ▪ not onely the feares and furies , but the plots also and policies of the adversaries , opened the way unto them , their devices were turned upon their own heads and served for the promoting of the work of god . the purity of their intentions elevated above base and earthly respects , and the constant peace of their hearts in the midst of many dangers , did bear them out against the malicious accusations and aspersions put upon their actions ; all which were sensible impressions of the good providence o● god , and ●eg●●e characters of his work ▪ which as the church and kingdom of england exercised at this time with greater difficulties then theirs have in part already found , so shall the parallel be perfected to their greater comfort in the faithful pursuing of the work unto the end . necessity , which hath in it a kind of soveraignty , & is a law above all laws , and therfore is said to have no law , doth mightily presse the church and kingdom of scotland at this time : it is no small comfort unto them that they have not beene idle and at ease , but have used all good and lawfull means of supplications , declarations and remonstrances to his majestie , for quenching the combustion in this kingdome : and after all these , that they sent commissioners to his majestie , humblie to mediate for a reconcilement and pacification ; but the offer of their humble service was rejected , from no other reason , but that they had no warrant nor capacity for such a mediation ; and that the intermixture of the government of the church of england with the civill government of the kingdom , was such a mistery as could not be understood by them . althoug it be true , which was at that time often replyed , that the eighth demand of the treatie , and the answer given thereunto concerning the uniformity of religion , was a sufficient ground of capacity ; and the proceedings of the houses of parliament against episcopal government , as a stumbling block hindering reformation , and as a prejudice to the civil state , was ground enough for their information the commissioners having returned from his majestie without successe , and the miseries of ireland , the distresses of england , and the dangers and pressures of the kingdom of scotland , growing to greater extremity ; such as were intrusted with the publick affairs of the kingdome 〈…〉 according to the practise of former times ( his majesty having denyed a parliament ) to call a convention of the estates for considering of the present affairs , and for providing the best remedies : which immediatly upon their meeting by the speciall providence of god , did receive information of diverse treacherous attempts of papists in all the three kingdomes , as if they had been called for that effect ; and by the same providence , commissioners were sent from both houses of parliament to consider with the estates of the kingdome of scotland , of such articles and propositions as might make the conjunction betwixt the two nations more beneficiall and effectuall for the securing of religion and libertie against papists and prelates with their adherents . their consultations with the commissioners of the generall assembly , did in the end bring forth a covenant , as the onely meane after all other have been assayed , for the deliverance of england and ireland out of the deeps of affliction , preservation of the church and kingdome of scotland from the extremity of miserie , and the safety of our native king and kingdomes from destruction and desolation . this is the manifold necessity which nature , religion , loyaltie , and love hath laid upon them . nor is it unknown in this honourable reverend and wise audience , what errours and heresies in doctrine ; what superstition and idolatrie in worshippe , what usurpation and tyrannie in government , what cruelty against the soules and bodies of the saints have been set on foot , exercised , and executed for many generations , and now of late by the romane church ; all which we hope through the blessing of god upon this work , shal be brought to an end . had the pope at rome the knowledge of what is doing this day in england , and were this covenant written on the plaster of the wall over against him , where he sitteth belshazzar-like in his sacralegious pomp , it would make his heart to tremble , his countenance to change , his head and miter to shake , his joynts to loose , and all his cardinals and prelates to be astonished . when the reformed churches , which by their letters have been exciting us to christian communion and sympathie in this time of the danger of religion and distresse of the godly , shall heare of this blessed conjunction for uniformity in religion according to the word of god and the defence thereof ; it shall quicken their hearts against the heavinesse of oppressing sorrows and feare ; and be no other than a beginning of a jubilee and joyfull deliverance unto them , from the antichristian yoke and tyrannie . upon these and the like considerations wee are verie confident , that the church and kingdome of scotland will most chearfully joyne in this covenant , at the first motion whereof , their bowels were moved within them ? and to give testimony of this our confidence , we who are commissioners from the generall assembly , although we have no particular and expresse commission for that end , not from want of willingnesse , but of foresight ) offer to joyn our hearts and hands unto it , being assured that the lord in his own time wil against all opposition even against the gates of hell , crown it with a blessing from heaven . the word of god is for it , as you have been now resolved by the consent and testimonie of a reverend assembly of so many godly , learned , and great divines . in your own sense and experience you will find , that although while you are assaulted or exercised with worldly cares and fears , your 〈…〉 other times , when upon seeking of god in private or publike , as in the evening of a wel spent sabbath ; or day of fast and humiliation your disposition is more spiritual , and leaving the world behind you ▪ you have found accesse unto god through jesus christ , the bent and inclinations of your hearts will be strongest to go throgh with this work ▪ it is a good testimony that our designes and wayes are agreeable to the will of god , if we affect them most when our hearts are furthest from the world and our temper is most spirituall and heavenly , and least carnall and earthly . as the word of god , so the prayers of the people of god in all the reformed churches are for us , and on our side : it were more terrible then an army to hear that there were any fervent supplications to god against us ; blasphemies , curses , and horrid imprecations there be , proceeding from another spirit , and that is all . that divine providence also which hath maintained this cause , and supported his servants in a marvellous manner unto this day , and which this time past hath kept things in an equall ballance and vicissitud of successe , will we trust from this day-forth , through the weight of this covenant , cast the ballance and make religion and righteousnesse to prevail , to the glory of god , the honour of our king , the confusion of our common enemies , and the comfort and safety of the people of god : which he grant , who is able to doe above any thing that we can ask or think . finis . the three kingdomes healing-plaister. or, the solemne covenant of reformation and defence explained. wherein is shewed the authority, antiquity, and use of an holy covenant: the occasions moving to it, and the ends in doing it, the necessity of it at this time, for diverse reasons herein expressed. also a full explanation of each article of the covenant, to the satisfaction of all: shewing the benefit that may redound by it, viz. gods protection and blessing to heale our miseries, and establish truth in religion, peace and lasting happinesse to the three kingdomes. likewise shewing the danger of refusing it, and gods curse upon us, if we enter into it deceitfully. imprimatur, ia. cranford. by g.s., gent. smith, george, 1602 or 3-1658. this text is an enriched version of the tcp digital transcription a93351 of text r460 in the english short title catalog (thomason e71_14). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 45 kb of xml-encoded text transcribed from 10 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a93351 wing s4039 thomason e71_14 estc r460 99872706 99872706 125152 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a93351) transcribed from: (early english books online ; image set 125152) images scanned from microfilm: (thomason tracts ; 12:e71[14]) the three kingdomes healing-plaister. or, the solemne covenant of reformation and defence explained. wherein is shewed the authority, antiquity, and use of an holy covenant: the occasions moving to it, and the ends in doing it, the necessity of it at this time, for diverse reasons herein expressed. also a full explanation of each article of the covenant, to the satisfaction of all: shewing the benefit that may redound by it, viz. gods protection and blessing to heale our miseries, and establish truth in religion, peace and lasting happinesse to the three kingdomes. likewise shewing the danger of refusing it, and gods curse upon us, if we enter into it deceitfully. imprimatur, ia. cranford. by g.s., gent. smith, george, 1602 or 3-1658. [2], 14 p. printed for francis coles in the old-bailey, london : 1643. annotation on thomason copy: "octob: 17th". reproduction of the original in the british library. eng solemn league and covenant (1643). -early works to 1800. covenants -england -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a93351 r460 (thomason e71_14). civilwar no the three kingdomes healing-plaister. or, the solemne covenant of reformation and defence explained.: wherein is shewed the authority, anti smith, george 1643 8339 153 0 0 0 0 0 183 f the rate of 183 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2007-03 tcp assigned for keying and markup 2007-04 apex covantage keyed and coded from proquest page images 2007-06 jonathan blaney sampled and proofread 2007-06 jonathan blaney text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion the three kingdomes healing-plaister . or , the solemne covenant of reformation and defence explained . wherein is shewed the authority , antiquity , and use of an holy covenant : the occasions moving to it , and the ends in doing it , the necessity of it at this time , for diverse reasons herein expressed . also a full explanation of each article of the covenant , to the satisfaction of all : shewing the benefit that may redound by it , viz. gods protection and blessing to heale our miseries , and establish truth in religion , peace and lasting happinesse to the three kingdomes . likewise shewing the danger of refusing it , and gods curse upon us , if wee enter into it deceitfully . come let us joyne our selves to the lord in a perpetuall covenant , that shall not be forgotten . jer. 50. 5. but yee have departed out of the way , yee have corrupted the covenant , saith the lord : therefore also have i made you contemptible and base before all the people . mal. 2. 8 , 9. and i will bring the sword upon you , that shall avenge the quarrell of my covenant . levit. 26. 25. thus saith the lord , cursed be the man that obeyeth not the words of this covenant . jer. 11. 3. imprimatur , ja. cranford . by g. s. gent. london , printed for francis coles in the old-bailey . 1643. the three kingdomes healing-plaister . i lately sent into the world a treatise , intituled great brittaines misery , with the causes and cure . which i published not so much to shew the misery : ( for that all men feele ) as to shew the causes of it , and the meanes to cure it . and now , that the cure may be full , god by the worke of his providence hath commended one ingredient more : that nothing may be wanting , except we be wanting to our selves : we all desire a healing : but behold , increase of misery : and why ? because we have not sought the right cure : wee have beleeved lyes , forged lyes to our selves ▪ ( ●s job speakes ) we have sought to physitians of no value : job 13. 4. trusted to lying vanities , that is , to outward things : vaine things that cannot profit nor deliver , 1 sam. 12. 21. but we have not returned to him that smiteth us , neither ●ought the lord of hostes . esay . 9. 13. therefore god hath plagued us seven times more , as is threatned : levit. 26. 28. the harvest is past , the summer is ended , and we are not saved . jer. 8. 20. not because there is no balme in gilead : nor because there is not a skilfull physician there : but because we have rejected ( or neglected ) the true plaister : we have not yet gon up to gilead to use that soveraign balme , no● applyed our selves to the healing physician . jer. 40. 11. we are as sheepe gon astray , and have not heard the voyce of the shepheard : nor returned to the shepheard and bishop of our soules : 1 p●t. 2. 25. god hath smitten us that he might bind us up : hose . 6. 1. bu● we have not returned to him : we have beene perfidious and broken his covenant , which he hath commanded to performe , de●t. 4. 13. and have made covenants , and leagues , with idolaters , contrary to gods command , exod 32. 12. therefore the sword doth dev ▪ ure , and our misery increaseth as is threatned levit , 26. 25. i will avenge the quarrell of my covenant . now it god have a quarrell against us for the breach of his covenant ; it concernes us to seeke to god , and to intreat to renew our covenant with him againe : if we will confesse our iniquities , and that our uncircumcised hearts be humbled , god will remember his covenant which he made with our fathers , and will accept of us and heale our ●and : l●vi● . 26. 40. &c. by our sins we have cast off god , and have cherished idolatry , which we should have destroyed ; therefore god seemeth to cast us off , and give us into the hands of idolaters : when israel ●h●se new gods , then was war in the gates : judg. 5. 8. when they forsooke the lord and worshipped baal , and ashtaroth , he delivered them into the hands of spoylers , that spoyled them , &c. iudg. 2. 13. 14. god hath done thus by us , at this day for the sin of idolatry ; yet god almighty , who in the midst of judgement remembers mercy , notwithstanding our rebellions , hath at this day offered to enter againe into covenant with ●● : to renew the covenant with us , which he made with our fathers , that we might be reconciled to him ; he as it were calls upon us from heaven , to gather our selves together , and to enter into covenant with him , that he may be our god and our protector , to defend us , and to heale our misery . th●s god by moses exhorted the israelites ( after their many revolts ) to renew their covenant with god , that yee may ( saith he ) prosper in all that yee doe : deut. 29. 1. 10. and the people stood all before the lord , the captaines , elders , officers , with their wives and little ones , to enter into covenant with the lord , and into his oath , that he may establish thee to day , for a people to himselfe , and that hee may be unto th●e a god , as he hath said unto thee , and as he hath sworn to thy fathers , vers. 11. 12. 13. now this extended farther then to the people of israel , to those that were not then present , vers. 15. when god chose our father abraham from out of the idolatrous families , he made a covenant with him , and not with him alone ; but with his seed ; it was an everlasting covenant to his seed , whether jewes , or gentiles , all that are of his faith , that walke in his steps , have right in that covenant : rom. 4. 12. 13. covenants are of two sorts , civill or religious ; that which i call civill is betweene man and man : when men bind themselves by covenant or oath before god , to performe promises , and fidelity one to other ; such was the covenant betweene abraham , and abimelech . gen. 21. 27. and betweene isaac and abimelech . gen. 26. 28. so betweene jacob and laban . gen. 31. 44. and betweene david and jonathan . 1 sam. 23. 18. these are covenants made before god , who is called to witnesse of the integrity , & uprightnesse of heart , in the perform●nce of all promises sworne unto ; and such a covenant is made betweene the kings of england and the commons , to maintaine their lawes and liberty , of which god is judge , &c. that which i call a religious convenant , is a divine and sacred ordinance of god , made before god , or with god ; it is an ordinance as is everlasting , as well under the gospell as under the law ; god himselfe was the author of it ; it is as ancient as man , and of use as long as men indure , so long as fidelity is to be cherished among men , and so long as men must be conformable to gods will ( which is for ever ) so long is there holy use of covenanting . now this covenant for reformation and defence , by the especiall providence of god , appointed by the soveraigne authority of parliament ; containeth in it the condition of the civill , and of the religious covenant ; wherein we sweare fidelity one to another , and to god , to reforme our evill wayes and walke according to his word , in our lives , and practice . and such a covenant is part of gods worship , yea , it is sometimes in the scripture put for the whole worship of god , esa. 19. 18. where men bind themselves by covenant or oath ( for it is all one to covenant , as to sweare ) to seeke god , and to endeavour to doe his whole will ; sometime god is said to sweare by himselfe , in g●n . 17. 8. it is said he made a covenant with abraham to give him the land of canaan , and in exodus 6. 8. it is said , hee sware to give to abraham the land of canaan ; and he sware to d●vid , psal. 8. 9. 3. and againe , i have sworne by my selfe , saith the lord , jer. 49. 13. as god sweares to blesse the obedient ; so he sweares to destroy the disobedient ; it is said heb. 4. 3. that hee swore the rebellious covenant-breaking israeli●e , should not enter into his rest . by covenants , or oaths , god binds and engageth himselfe unto men , and engageth men to him againe ; god sware to david , and therefore david sware unto the lord , and to the mighty god of iacob , psal. 132. 2. when god offers to covenant with us , and wee refuse to covenant with him ; hee will sweare by himselfe , that such a person , such a family , such a kingdome , shall become a desolation , ier. 22. 5. if we refuse when god calls , god will refuse when we aske , and will marke when our misery and calamity is upon us , pro. 24. 26. at this time god offers to make a covenant with us ; and now he calls from heaven by his judgements , and by his mercies ; the distractions , miseries , and calamities of the three kingdomes , cry to us to make our peace with god , who is offended for our sinnes , when israel was in capitvity and bondage seaventy yeares , for their breach of covenant with god ; they were not established untill they renewed their covenant with god , therefore ezra prayed and confessed the sinnes of the people , with weeping and casting himselfe downe before the house of god ( the place of covenant ) and there assembled out of israel a very great congregation of men and women , and children , for the people wept very sore , ezra 10. 1. now shechaniah , and ezra consult together , and with confidence beleeve that notwithstandig all their sinnes , there was hope in israel concerning this thing . therefore they conclude to make a covenant with god and ezra made the chiefe priests , the levites , and all israel to sweare , and they all sware , verse 2. 3. 5. nor was this a new thing to them : but that which moses did by gods command , ( as we have shewed ) and after him ioshua , as you may read ioshua 24. 25. now the examples of gods people ought to be our rule , especially in those things that are commanded by god himselfe , but to covenant with god hath beene the frequent practise of gods people , commanded by god , and alwayes with promise and president of acceptance : when the prophet azariah ( being stirred up by the spirit of god , to move asa , iudah , and benjamin to seek the lord by entring into a covenant ) tells them , the lord is with you while yee be with him , and if ye seeke him he will be found of you , but if yee forsake him he will forsake you . 2. 1 5. 2. now to breake covenant with god , or to refuse to make a covenant with god , is all one , and is no other then to forsake god , it is the lords owne expression . deut. 31. 16. they will forsake me , and breake my covenant which i have striken with them : and what then ? then my anger shall be kindled , and i will forsake them , that is , i will hide my face , take away my divine presence of protection from them . vers. 17. see the example of this , 2 king. 17. 15. they rejected his statutes , and brake his covenant : what followes ? see vers. 18. therefore the lord was angry with israel , and removed them out of his sight , &c. now when a people have broken covenant with god , and caused god to depart from them , the sure way to find god againe , is to seeke him by renewing the covenant ; else we quite cast him off , and then he will cast us off for ever . 1 chron. 28. 9. in the time of king asa , when by the sins and idolatry of his fathers : israel had beene a long season without the true god , and without a teaching priest , and without law : so that there was no peace to him that went out , nor to him that came in , but great vexations were upon all the inhabitants of the country : yet in all this trouble when they turned to the lord their god , and sought him , he was found of them : but how did they seeke him ? see the place 2 chron. 15. 12. they entred into a covenant to seeke the lord god of their fathers , with all their heart , and with all their soule ; and ( vers. 14 ) they sware unto the lord with a loud voyce , and with shouting , all judah reioyced at the oath , for they had sworn with all their heart and sought him with their whole desire , and he was found of them , and the lord gave them rest round about : vers. 15. so after the great distractions and bloudy cruelties of athalia , that usurping queene , ieh●iada the priest , established the kingdome by making a covenant with the rulers and captaines , and by a covenant between the lord , & the king , and the people . 2 king. 11. 4 and 17. and all the people brake downe the idolls of baal . in like manner hezekiah confess●●n the iniquities of his fathers , and of the people , and that for their sins the wrath of the lord was upon judah and jerusalem , they were delivered to wrath and astonishment . 2 chron. 29. 8. 9. for lo our fathers ( saith he ) are fallen by the sword , and our sons and our daughters , and our wives , are in captivity for this : here 's their misery , and hezekiahs confession : but what is the remedy ? see verse 10. now ( saith the good king ) it is in my heart to make a covenant with the lord god of israele why a covenant ? that his fierce wrath may turne away from us : so he sets upon the worke , and puts the service of the house of the lord in order , that is , reformed religion , and hezekiah rejoyced and all the people , that god had so prepared the people thus to seeke god : for ( saith the text ) the thing was done suddenly : vers. 35. 36. the like did i●s●●h when he had heard the words of the law read , and considered it , he rent his clothes because of the wrath of god , for not doing according to that law ; therefore he sends to the prophetesse huldah to aske counsell , who denounced evill against the inhabitants , because they had forsaken god and served idolls : then josiah gathered all judah and jerusalem , and made a covenant before the lord to walke after the lord , and to keepe his commandements , &c. 2 chron. 34. 31. the occasions moving gods people to enter into covenants , have beene either engagements by way of thankfulnesse to god for great mercies and deliverances ; or for reformation , by way of humiliation for sinnes committed ; to remove or prevent wrath , and sometimes both these together . vpon the first occasion joshuah drew the people to make a covenant with god , ioshuah 24. upon the second , shechaniah and ezra , caused all the people to enter into a covenant , ezra 10. vpon both those occasions together , asa made that solemne covenant with god ; partly for the great deliverance from the great army of the aethiopians . 2. chron. 14. 12. and partly for reformation to prevent wrath , and to appease gods anger , 2 chron. 15. 6. 7. now we of great britaine have all these occasions , at this day to move us speedily , and heartily , to enter into covenant with god ; if wee looke upon the mercies , preservations , and deliverances , which we have received from god , they are innumerable , not onely of former yeares , but now every day , even in these times of our revolt , and of gods indignation against us ; he hath had respect to the covenant which he made with our fathers as he had to iudah in the time of jehoram , 2 chron. 21. 7. and spar'd us for his owne names sake , because his compassions faile not . if we looke upon our sinnes by which he is provoked , they are crying and hasten destruction to us , and to our posterities . our idolatry , strange wives , adultery , prophanation of gods name and day , are prodigious , as if we had utterly cast off god from being ▪ our god ; and for these sinnes gods wrath is gone out against us , as if he would speedily make us no nation . if we consider either of these apart , or looke upon them both together , they call upon us to seeke the lord , by convenanting for reformation , and thankesgiving for deliverance . it is a duty absolutely necessary , & of greatest utility . therefore not to be refused nor deferred , except wee will declare before god and men , that we are hardned to destruction , and will not be healed . ) it is absolutly necessary , because it is an ordinance of god commanded , for god commandeth nothing unnecessary . it is also of greatest profit and benefit to gods people , to procure blessings and happy condition without compare ; the examples in scripture that prove it so are obvious . now whatsoeve● hath beene necessary and profitable to the people of god , is the same to us now , for we have the same god , who is the same for ever , we are bound by the same commands that his people were before , and stand in the same n●ed of the use of such divine and holy ordinances whatsoever things were written before , were written for our learning , that through patience and comfort of the scriptures we might have hope , rom. 15. 4. and whatsoever is written is for our practise . therefore this is a duty to us as to the jewes . nay , i will not feare ▪ to affirme , that as the case now stands with the people and kindomes of great britaine , it is of more necessity to us at this time , then ever it was to the nation of the jewes , and of greater utility , if rightly done , and well performed . the necessity will appeare by these reasons . first , because our revolt hath bin as great ●a ever the iewes was , to cause god to hide his face from us , and to procure his fierce wrath against us . secondly , because the judgements that are present upon us , and that daily threaten us , are not inferiour to any judgement , or captivity , that ever the iewes lay under . thirdly , because our enemles have more subt●●ely combined , confederated and covenanted against us , then ever any brood of hell did against a people , and sworne our destruction . fourthly , because the mysterie of iniquity now worketh in it 's full power , by lying wonders , to delude , insinuate , and draw men from god to the devill , from the true protestant religion , to popery , by protestations that they fight for god , for religion , for lawes , priviledges of parliament , and the liberty of the subject ; but they intend as the israelites when they had forsaken god and their prophet moses proclaimed and said , tomorrow is a feast to iehovah , when they intended it to the worship of their new gods , their idole calves . fiftly , because of their ludifying declarations , to steale away the hearts and hands of the people by great promises of reward , and gratefull acceptance of their service , as at first they did to the people of yorke-shire , to raise an army under pretence of a personall guard , with protestations that they intended no warre against the parliament . the like declaration is lately sent to the people of cornwall to be read in all churches , and kept for their assurance of future rewards to their posterity ( not a flap with a fox taile ) but chastisement with scorpions , as such evill counsellours sometime promised to the ten tribes . sixtly , because there are many judases traytors mingled among us through the three kingdoms , that professe to be our brothers , but prove our butchers , seeme friends , and under pretence of a kisse ( or hale master ) betray us , fight against us , as it was once practised by the ephramites against iepthtah , who could not be discovered but by the word shibboleth . seventhly , because of the many sects , schismes and dangerous opinions of men that live amongst us , which by these meanes may be discovered and purged ou● , as those that dishonour god and disturbe the peace of gods people . in all these respects this covenant is of necessity to be entred into . now , because every one may speedily , willingly , and joyfully enter into this covenant , i would commend to all men these foure considerations . first , the matter of the covenant . 2. the authority commending it . 3. the end . 4. the profit or benefit . first , consider the matter of the covenant is just and holy in every thing therin contained , agreeable to the holy scriptures expressely comm●nded , necessarily implyed by texts both of old and new testament . as first we covenant , in our places and callings to endeavour to preserve the reformed religion in the church of scotland , in doctrine , worship , discipline , and government against the common enemy ( papists ) for none but papists deny the church of scotland to be orthodoxall ▪ therefore we are bound to endeavour to preserve it , if the apostles example be a rule to us , 1 cor. 11. 28. besides wee are commanded to doe to others , as we would that others should doe to us ▪ math. 7. 12. now they jointly covenant , and sweare , to preserve the reformed religion of the kingdomes of england , and ireland , in doctrine , discipline , and government so far as it is , for shall be agreeable to the word of god , and we covenant but the very same for them , and although the two kingdomes should not in every particu●ar agree in government ; that is no breach of covenant . but because conjunction , and uniformity in doctrine and discipline , is most glorious , acceptable to god , and profitable to both kingdomes . wee covenant to them , as they to us , to endeavour to bring the kingdomes to the nearest conjunction that may be , still with this proviso , according to the word of god : and this is an apostolicall precept , rom. 12. 6. and rom. 15. 6. secondly , wee covenant to endeavour to extirpate popery , prelacy , church governement by arch-bishops , bishops , their chancellors , and commissaries &c. depending upon the hierarchy , no otherwise then they shall be found contrary to sound doctrine , which is also an apostolicall precept , bee yee followers of me ▪ even as i am of christ , 1 cor. 11. 1. now we know to our wofull experience , that these have not beene followers of christ but for gaine , as those that followed christ , because they ate of the ●oaves and were filled . john 6. 26. and for their private ends would at this day betray christ ( whom they pretend to serve ) having like alexander and hymeneus put away good conscienc● , and made ship-wrack of the faith of christ : and for their chancellors , commissaries , and the rest , what are they but fretting caterpillars , in church and state ? such as were never instituted by christ , nor the apostles , nor thought of in the primitive times : as for superstirious heresies , schismes , and prophanesse , who , that would be counted an honest man , but will say hee is bound to extirpate ? our heavenly father never planted any of these , and therefore if we will believe iesus christ , they must be rooted up , mat. 15. 13. the word protestant puts us in mind of ou● duty to abhor all herefie , and false worship , and therefore a● we are true protestants , we are bound to protest , and to endeavour to extirpate popery . every christian king , every father , and master in their families , are bound to bring their subjects , children , and servants , to the obedience of the faith of christ , and the true worship of god : kings are called nursing fathers , esay 49. 23. parents are commanded to teach their children the peare of the lord , and his true worship , deut. 4. 10. and the command of sanctifying the lords day is given to the father and masters of families : therefore they are not to suffer a contrary religion , or a prophane person to live in their houses : this was the practice of david , and is the duty of all christian kings therefore , not to tolerate any contrary ▪ religion , as idolaters in their kingdomes , nor witches in their camps . besides , it is gods command that if any person shall inti●e to idolatry or any city set up idolatrous worship , that person shal be killed , and that city destroyed : deut. 13. 9. 15. this ( saith reverend willet is the meaning of the law in forbidding to sow the field with divers seeds , or weare a garment of linnen & woollen , levit. 19. 19. we may not plow with an oxe and an asse together , which saint paul expoundeth ( when he saith be not unequally yoaked . 2 cor. 6. 14. what communion between light and darknesse , what fellowship betweene god and ●●eli●l ) contrary religions must not be suffered in one kingdome , abraham cast out scoffing ismael out of his family gen. 21. 10. iacob put away his strange gods . gen. 35. 2. david put out the idolatrous lebusites ou● of ierusalem . 2. sam. 5. 8. asa put out his mother maacha from being queene because of her idolatry , and brak● downe her idol , 2 king. 23. y. zerubhabel would not admit the idolatrous som●r●●anes to joyne with the people of god in building the temple , much lesse would he accept of them in his army : ezra 4. 3. these are commended in scripture and blessed of god , leftupon divine record , for our example and imitation . the third article of the covenant , is to endeavour with our estates and lives , mutually to preserve the rights and priviledges of parliaments in all the three kingdomes . now , we are bound in justice to leave our posterities as free as our fathers left us , what they gained for us with the losse of their lives , let us preserve with the hazard of ours , to our posterity . againe , we covenant to preserve the kings person and authority , in the preservation and defence of the true religion and liberties of the kingdome , nor let any make scruple a● this clause , or ●mitation , ( to preserve the king an the preservation of the true religion ) for we cannot , nor may not covenant further , except we disobey god , or covenant ▪ against god , god commands the king to preserve and defend the true religion , and us to defend the king , in defence of religion , not against religion , let every soule be subject to the highest power , rom. 12. 1. but god is the highest power , therefore we must be subject onely to god , he must be obeyed , the king for god , and in god , as his vicegerent ; if god command obedience to his deputy , much more doth he require obedience to himselfe . the fourth article is to endeavour to discover malignant evill instruments , that hinder the reformation of religion , divide betweene the king and his people , or one of the kingdomes from another , by making factions , and parties amongst the people , contrary to this covenant , such as are crafty achitophels , flattering zi●a's , and treacherous iudases , that they may be brought to tryall by the justice of the law : no man , not voyd of common nature , but would gladly enter into such a covenant , it tending to the generall good both of king and people . the fifth article is to endeavour to maintaine the peace between these kingdomes to our power , in our places and callings to all posterities , &c. this none can deny but to be agreeable to scripture , and commanded by nature , conducing to the height of temporall felicity , how good ▪ and how pleasant a thing it is , for brethren to d●ell together in vnity ▪ psal. 133. 1. for there the lord commandeth a blessing . vers. 3. and for the sixth article , to endeavour to assist and defend all that enter into this covenant , in the pursuit thereof is but reason and duty , for that we are all members of one body ( the church ) whereof christ is the head : and not onely so , but members united by this covenant to withstand and oppose all the opposition of hell ▪ pope , and papacy : now if one member suffer all members ( should ) suffer with it ( or else relieve it ) if one member be honoured , all the members should rejoyce with it . 1 cor. 12. 16. we being but one body , and we members one of another . rom. 12. 5. and that we should not be drawne off from this union by any craft , perswasion , threatning , or terror , it is also just and consonant to divine precept , for else we maime the body , for there is an use of the meanest members , and none can say i have not need of thee . 1 cor. 12. 21. for the body is not one member , but many , vers. 14. and to be neuters is most base and cowardly , hated by men , and accounted by god as enemies , mat. 12. 30. lastly , because the generall provoking sins of the kingdomes , are made full by each particular mans sins . we promise and professe before god and the world , that we unfainedly desire to bee sorry for our owne sins , and to be humbled for them , and for the sins of others , this is but duty . ier. 13. 18. and ier. 9 1. holy david did thus , i beheld the transgressors and was grieved . psal 119. 158. and good reason : because he that covereth his sins shall not prosper , but he that confesseth & forsaketh them shall find mercy . pro. 25. 13. therefore we likewise promise to endeavour t● forsake our sins , and to amend our lives , and endeavour to reforme others ( that all may be mended by every ones mending one ) especially those that are under our power and charge , it is a duty expressely commanded to all . levit. 19. 17. thou shalt in any wise rebuke thy neighbour , and not suffer sin to lye upon him . now this which the prophet moses calleth rebuking , the apostle paul calleth admonition , admonish him as a brother ▪ 2 thessa. 3 , 15. ult. but because we see gods judgments abroad in the world for sin , and are sorely at this day upon us , by the sword of mercilesse men , by which god avengeth the quarrell of his covenant threatned , levit. 26. 25. we humbly submit to his will , and confesse that god hath punished us les●e then our iniquities deserve , as the church hath done in the like case . ezra 9. 13. and therefore renew our covenant with ou● god , ( which is in effect but the same we promised , at the sacrament of baptisme ) and in his presence who is the searcher of all hearts , swear to endeavour to performe all that he commandeth us , so far as god by his holy spirit shall enable us ; for without him we can doe nothing . joh. 15. 5. except he blesse our endeavours and our proccedings with successe , we must give all the glory to god , both of his judgements and of his mercies , and now while his judgements are abroad in the world , we the inhabitants of the earth must learne righteousnesse , as in esay 26. 9. thus much for the matter of the covenant . secondly , consider the authority commanding it : first it is gods command , deut. ●9 . 1. secondly the parliament , the highest court of magistracy , of soveraigne authority , and the representative body of the kingdom ; who have with the hazard of their owne live● ( and all else that is theirs couragiously ) stood for god , and the maintainance of our rights , and doe joyntly sweare with us never to forsake us , nor betray the trust we have committed to them , as some have per●idiously done ▪ whose treachery is now manifest ; yea by the same authority and advice of the whole kingdom of scotland approved , & entred into by the assemblies of divines in both kingdomes , reverend , learned , orthodox , and godly men ▪ withall , consider the tender love and good affections of these our worthies commanding , in that they have not layd such a penalty upon us ( if in case any should through ignorance make scruple ) as was layd upon the people in asas time , 2 chron. 15. 13. that whosoever would not ( by entring into covenant ) seeke the lord , should be put to death whether great or small , man , or woman ; because , as they desire , and as our necessity requires , they beeleeve that every one that desires a blessing from god ; will thus seeke him , and will freely and willingly enter into this covenant , for that is indeed acceptable to god , he is well pleased , and onely delighteth in such as yeeld him willing obedience , therfore we should be so much the more stirred up in zeal to the thing , with thankfulnesse to god , and to our worthies for such an opportunity . thirdly , consider the end why we are by those our worthies commanded to enter into this covenant : their first end is for the glory of god , to seeke god , to set up and to maintaine the true protestant religion ; and therefore have intituled it , a covenant for reformation and defence . first of religion , secondly to maintaine the person , honour , and happinesse of the king : thirdly , the peace , and safety of the three kingdoms : marke it , & you shall see all tends to one , or all these three things to seeke god with unanimous consent , to extirpate popery , heresie , schismes , and prophanesse , set up good men in place of authority , & that evill men may be put out , that so the kingdomes may bee preserved , and the throne established in righteousnesse . prov. 25. 5. and all this every soule is bound to endeavour : they that consent not to this are to be esteemed perfidious , both to god and to the kingdoms : worthy ( according to the edict of asa ) to be put to death , of what condition soever they be : god is now about a great worke in the world : and doubtlesse will reforme his churches , gather his elect together , destroy that man of sin , and cut in peeces those men that say of christ , this man shall not raigne over us : and although gods people , for a little space of time must drinke of the cup of his anger , and passe through the fiery tryalls , yet it is but for a moment , and gods anger will passe over . i say 26. 20. and then all his enemies shall drinke the ●ull wine-cup of his fury . jer. 26. 15. and all the wicked of the earth shall drinke the dregs thereof ▪ psal. 57. 8. i dare not take upon me to set the time , for it is not for us to know the times and seasons , which the father hath put in his owne hands . act. 1. 7. but scriptures compared with these late times , assure me the time is ●igh , even at hand . and although god will in his owne time freely accomplish his owne worke , yet he will be sought unto by us : thus saith the lord , i will for all this be enquired of by the house of israel . eze. 36. 37. and those that seeke him not this way , for ought i know or can say , shall be accounted as those on whom his fury shal ▪ be powred . fourthly , consider the benefit that will redound to all , and every one that willingly and joyfully enters into this covenant , ( if with honest humbled hearts , they desire to seeke god ) they shal surely find god , and so find him , as that he will be their god , to protect , save , and blesse them , as is promised : if yee seek him he will be found of you &c. if wee endeavour to walke perfectly before him for the time to come he will be our god al-sufficient , and will blesse us exceedingly ▪ gen. 17. 1. ● . he will blesse us with truth and peace in all the three kingdomes , so that we shall lye down and none shall make us af●aid . levit. 26. 6. he will chase our enemies , and they shall fall before us by the sword , vers. 7. we shall be blessed in the city , blessed in the field , blessed in the fruit of the body ▪ and in the fruit of the ground , the increase of our kine , and the flockes of our sh●epe , blessed in our basket ▪ and in our store● , blessed shall we be when we come in , and blessed shall we be when we goe out . deut. 28. 3. &c. the manner of solemnizing this covenant is double : first in outward action , 2. in inward affection . the outward action is , first ▪ reading of the law ( or covenant ) unto all the people : 2 chron. 34. 11. secondly , the assent of the people exprest in words , as joshu . 28. 21. or signified by shout , as 2 chron. 15. 14. or holding up hands , which we now doe . 3. the binding testimony or affi●ma●ion by setting to our seale , as ezra 10. 1. or by subscribing names , as now . the inward affection is ; first an holy prepartion , examining our particular corruptions & sins : 2. confession of them before god 3. resolution against them : 4 an earnest , hearty , and holy desire to seeke god : to search what he requireth of us to doe : 5. prayer to god for strength to perform what we promise and resolve , according to his will : 6 constant practice and performance in prayer , and holy endeavour to observe all that god commands all the dayes of our lives . to refuse to enter into covenant when necessity and lawfull authority call u●to it , is a great sin , but when we have entred into covenant , not to obs●rve it , is a greater sin : it is a work of the lord , and hee is cursed that doth the lords work : deceitfully : ier. 48. 10. better not to vow , then that thou shouldst vow and not pay it eccl. 5 5. consider how much god was displeased with all israel for that one sin of sauls , in breaking their covenant with the gibeonites , it was onely sauls act . yet because the people who were equally bound in the covenant , endeavoured not to hinder saul in that sin , as they did in the sin he would have committed against i●nathan . 1 sam. 14. 45. therefore all israel was punished with a famine , yeare after yeare , three years together . 2 sam. 21. 1. if god will avenge the breach of covenant with men , and the meanest of men , ( for the gi●●● nites were but their slaves ) how much more will he avenge the breach of covenant with himselfe ? we have of late entred into severall covenants , but former covenants have beene forgotten : men have broken them as sampson did the new cords wherewith he was bound : take heed , be not deceived , god is not mocked . gal. 6. 7. i dare pronounce from the authority of gods word , that you who make nothing to breake covenant , shall bee your selves broken . the men ▪ that breake my covenant which they had made before me , when they cut the calfe in twaine and passed through the parts thereof : i ( the lord ) will give them into the hand of their enemies , and into the hand of them that seek their life : and their dead bodies shall be for meat , &c. but what men are these that brok ▪ the covenant ? no meaner then the princes of judah and the princes of jerusalem , the priests , and al the people that passed through the parts of the calfe , ier. 34. 18. 19. 20. take heed yee princes of england and of scotland , yee priests , and perfidious people , that have now lift up your hands and subscribed your names , if you breake your covenant you have heard your doome : he that speaketh flattery to his friends , even the eyes of his children shall faile . j●b 17. 5. all that confederate , counsell , or covenant against god , and break covenant with god , shall bee broken in peeces : see e●● 8 ▪ 9. they shall be like aegypt , and her confederates , aethi●opia , libia , lydia , and all the mingled people ; and c●●b , and the men of the land that are in league , all shall fall together by the sword : ezek. 30. 5. but it shal be well with them that seek god which fear before him , as it shall not be wel with the wicked , nor shall he prolong his dayes , which are but as a shadow , because he feareth not before god , ecclesi●st . 8. 12. 13. heaven and earth shall pass● away , but this truth shall stand for ever , and shall bee made good in our dayes . finis . notes, typically marginal, from the original text notes for div a93351e-230 outward meanes cannot heale great britain . as ●●e breach of covenant is the cause of judgements , the renewing of covenant must ●e the meanes to remove judgement● . when we forsake god , god forsakes us . example of gods acceptance of renewing of covenant● : two sorts of covenants , one civil & another religiou● . a religious covenant is a holy & sac●e● ordinance of god under the gospel , to be used as well as under the law . the covenant now commanded containeth both a civill & religious on● ▪ to covenant & to sweare is all one . gods covenant with us ingageth us to covenant with god againe . god by his workes of providence at this time , calls upon us to enter into covenāt with him . examples of gods people ought to be our rule . the surest way to find god , is to seek him by entring into covenant . examples . the just occasions that have moved the people of god to enter into covenant . the same occasions are now to move us . covenanting is a duty of greatest necessity & of greatest profit . reasons why there is a necessity to enter into covenant at thisday ▪ exo 32. 5● king 1● 〈…〉 12. 〈…〉 ●oure cō●deratiōs ●o move ●●en with ●oy & wil●ingnesse ●o enter ●nto this ●ovenant . first , the matter of the covenant . the first article paraphrased . 2. article paraphased . the wor● protesta●● calleth upon us t● protest against p●pery and false worship . contrar● religio● must no● lesustired in an● kingdo● ● . article paraphresed . ● . article paraphresed . 5. article paraphresed . the su● of all and every m● duty , as ● is a christian , and the very covenan● of god himselfe ▪ 2. consideration from the authorit● that commands i● conside●ation ●rom the ●nd . god will save and deliver his people & destroy the wicked utterly . 4. consideration from the benefits . the manner of solemnisin● this cov●nant , agreeab● to ▪ the c●stom of the chur● of god . a great not to e●ter into covena● but gre●ter not keep a● perfor● the cov●nant . covenāt ●r cove●ant br●●●rs . ●ll that ●ake con●deracy ● covenāt ●gainst ●od or his ●hurch ●all p●●sh . the covenant with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons and reverent assembly of divines the 25th day of september, at saint margarets in westminster : also two speeches delivered at the same time, the one by mr. philip nye, the other by mr. alexander hendersam. this text is an enriched version of the tcp digital transcription a34784 of text r3970 in the english short title catalog (wing c6621). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 56 kb of xml-encoded text transcribed from 19 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a34784 wing c6621 estc r3970 12085033 ocm 12085033 53696 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a34784) transcribed from: (early english books online ; image set 53696) images scanned from microfilm: (early english books, 1641-1700 ; 240:e70, no 22) the covenant with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons and reverent assembly of divines the 25th day of september, at saint margarets in westminster : also two speeches delivered at the same time, the one by mr. philip nye, the other by mr. alexander hendersam. henderson, alexander, 1583?-1646. nye, philip, 1596?-1672. [2], 34 p. printed for thomas vnderhill..., london : 1643. text of covenant: p. 1-6. reproduction of original in thomason collection, british library. eng england and wales. -parliament. -house of commons. westminster assembly (1643-1652) solemn league and covenant (1643) a34784 r3970 (wing c6621). civilwar no the covenant: with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons, and reverent assembly o [no entry] 1643 10764 22 0 0 0 0 0 20 c the rate of 20 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2004-03 tcp assigned for keying and markup 2004-03 apex covantage keyed and coded from proquest page images 2004-07 melanie sanders sampled and proofread 2004-07 melanie sanders text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion the covenant : with a narrative of the proceedings and solemn manner of taking it by the honourable house of commons , and reverent assembly of divines the 25th day of september , at saint margarets in westminster . also , two speeches delivered at the same time ; the one by mr. philip nye , the other by mr. alexander hendersam . published by speciall order of the house . london , printed for thomas vnderhill at the bible in wood-street , 1643. the covenant , that was read , svvorn unto , and subscribed by the honourable house of commons , and reverend assembly of divines , the 25. of september . we noblemen ; barons , knights , gentlemen , citizens , burgesses , ministers of the gospell , and commons of all sorts in the kingdomes 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 publique liberty , safety , and peace of the kingdomes ; wherein every ones private condition is included : and calling to minde the treacherous and bloody plots , conspiracies , attempts , and practises 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 encreased , and exercised , whereof the deplorable estate of the church and kingdome 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 publique 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 practise of these kingdoms 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 hands lifted up to the most high god , doe sweare : 1 that wee 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 kingdomes 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 neerest conjunction and vniformity in religion , confession of faith , forme 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 . 2 that we shall in like manner without respect of persons , endeavour the extirpation of popery , prelacy , ( that is , church-government by arch-bishops , bishops , their chancellours and commissaries , deanes , deanes and chapters , arch-deacons , and all other ecclesiasticall officers , depending on that hierarchy ) superstition , heresie , schisme , prophanenesse , and whatsoever shall be found to be contrary to found 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 . 3 we shall with the same sincerity , reality , and constancy , in our severall vocations , endeavour with our estates , and lives , mutually , to preserve the rights and priviledges of 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 kingdome : that the world may beare witnesse with our consciences , of our loyalty ; and that we have no thoughts , or intentions to diminish his majesties just power and greatnesse . 4 we shall also with all faithfulnesse endeavour the discovery of all such as have beene , or shall be incendiaries , malignants , or evill instruments , by hindering 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 publicke tryall , and receive condigne punishment , as the degree of their offences shall require , or deserve : or the supreame judicatories of both kingdomes respectively , or others having power from them for that effect , shall judge convenient . 5 and whereas the happinesse of a blessed peace betweene these kingdomes , denyed in former times to our progenitors , is by the good providence of god granted unto us , and hath beene lately concluded and setled by both parliaments ; we shall each one of us according to our place and interest , endeavour ▪ that they may remaine conjoyned in a firme peace and vnion to all posterity ; and that justice may be done upon the wilfull opposers thereof in manner expressed in the precedent article . 6 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 maintenance and pursuing thereof ; and shall not suffer our selves , directly , or indirectly , by whatsoever combination , perswasion , or terrour ▪ to be divided , or withdrawn from this blessed vnion , and conjunction ; whether to make defection to the contrary part ; or to give our selves to a detestable indifferency , or neutrality in this cause , which so much concerneth the glory of god , the good of the kingdomes , and honour of the king ; but shall all the dayes of our lives , zealously and constantly continue therein , against all opposition ; and promote the same according to our power , against all lets , and impediments whatsoever : and what we are not able our selves to suppresse , or overcome , we shall reveale , and make knowne , that it may be timely prevented or removed . all which we shall doe as in the sight of god . and because these kingdomes are guilty of many sinnes and provocations against god , and his sonne iesus christ , as is too manifest by our present distresses ▪ and dangers , the fruits therof ; we professe and declare before god and the world , our unfained desire to be humbled for our owne sinnes , and for the sinnes of these kingdomes , especially , that we have not as we ought valued the inestimable benefit , of the gospel ; that we have not labored for the purity and power thereof , and that we have not endeavored to receive christ in our hearts , nor to walk 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 publicke and in private , in all duties wee owe to god and man , to amend our lives , and each one to goe before another in the example of a reall reformation , that the lord may turne away his wrath , and heavy indignation , and establish these churches and kingdomes in truth and peace . and this covenant we make in the presence of almighty god , the searcher of hearts , with a true intention to perform the same , as we shall answer at that great day when the secrets of all hearts shall be disclosed : most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to blesse our desires and proceedings with such successe , as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoak of antichristian tyranny , to joyne in the same , or like association and covenant , to the glory of god , the enlargement of the kingdome of iesus christ , and the peace and tranquillity of christian kingdomes and common-wealths . the proceedings of the covenant , with the manner of taking thereof by the honourable house of commons , and the reverend assembly of divines . the commissioners sent from the honourable houses of parliament to the kingdome of scotland , having ( besides other weighty affaires ) instructions to take into consideration whatsoever might be effectuall for bringing the two kingdoms to a more neer conjunction and union , there was a committee of the honourable convention of estates in scotland , and another committee of the generall assembly of the church designed to joyne with them in this great and necessary consultation , in which , after much agitation , the result and conclusion was , that a solemne league and covenant taken mutually by both kingdomes , would be the most conducing meanes to such a happy vnion . thereupon a form of covenant by their common assent was agreed upon , and presented to bee read and considered of , in the generall assembly ; where it had assent and approbation : and was thence recommended to the convention of estates , by an order of the assembly , as followeth . edenb. august . 17. 1643. sess. 14. the assembly having recommended unto a committee appointed by them to joyne with the committee of the honourable convention of estates , and the commissioners of the honourable house of the parliament of england , certaine propositions presented unto them by the aforesaid commissioners of the honourable house of the parliament of england , for bringing the two kingdoms to a more neere conjunction and vnion , received from the aforesaid committees , the covenant under-written , as the result of their consultations ; and having taken the same as a matter of so publike concernment , and of so deep importance , doth require unto their gravest consideration , did with all their hearts and with the beginnings of that joy which they did finde in so great measure upon the renovation of the nationall covenant of this kirk and kingdome , all with one voice approve and embrace the same , as the most powerfull meane by the blessing of god for setling and preserving the true protestant religion with perfect peace in his majesties dominions , and propagating the same to other nations , and for establishing his majesties throne to all ages and generations . and therefore with their best affections recommend the same to the honourable convention of estates , that being examined and approved by them , it may be sent with all diligence unto the kingdome of england , that being received and approven there , the same may be with publick humiliation , and all religious and answerable solemnity sworne and subscribed by all true professors of the reformed religion , and all his majesties good subjects in both kingdomes . ar. jhonston cler. eccl. from that honourable convention it obtained like approbation , with a recommendation to the kingdom of england , as in this order of theirs appeareth . at edinburgh . 17. of august , 1643. the noblemen , commissioners of shires and burroughs now convened , having received the covenant above-written from their committee as the result of their consultations with a committee of their generall assembly and the commissioners of both houses from the parliament of england , and having taken the covenant into their gravest consideration , did with all their hearts , and great expressions of joy and unanimity approve and embrace the same as the most powerfull meane , by the blessing of god , for setling and preserving the true protestant religion with a perfect peace in all his majesties dominions , and propagating the same to other nations , and for establishing his majesties throne to all ages : and being very confident that their brethren in the kingdome of england will heartily receive and approve the same ; therefore according to the earnest recommendation of that venerable assembly of this kirk now thinks it most necessary for the good ends afore-said , that it be sent into that kingdome with all diligence , that being received and approved by their brethren there , the same may be with all religious solemnities swerne and subscribed by all true professours of the reformed religion , and all his majesties good subjects in both kingdomes . extract . arch. primrose , cler. conven. some commissioners also , were sent from the generall assembly of the church of scotland , with instructions for furthering the covenant and the intended union of the churches of both kingdoms . this covenant being presented to the honourable house of commons , and considered by them in the severall branches and articles thereof , was recommended to a committee to be chosen of their own members , and sorne of the divines of the assembly , together with the commissioners sent from scotland , to the intent that some expressions might be farther explained , and that the kingdome of ireland also might bee expresly taken into the same league and covenant with us : which being done with great care and diligence by those committees and commissioners , it was then read in the assembly of divines , and afterwards in the house of commons , and received a most full and universall assent from the members of both , nemine contradicente . this form of covenant was presented also to the house of lords , by whom likewise it was taken into consideration , and approved of , as fit to be entred into by the three kingdomes . on friday the 22. of september it was concluded by the house , this oath and covenant should be solemnly taken publikely in the church at westminster , called saint margarets church , the monday following , by the house of commons and the assembly of divines : to which purpose an order was sent to the assembly from the house to give them notice thereof ; and that some of the assembly be appointed to pray and to exhort , for the more solemn celebrating of so serious and weighty a service . the assembly appointed mr. philip nye to make the exhortation , mr. iohn white to pray before , and mr. dr. gouge to pray after the exhortation . the house met at the usuall place , and thence went with their speaker to the church ; the assembly also at the same time with their prolocutor . a psalme being sung , solemne prayer was made , after the prayer an exhortation to the honourable house and reverend divines encouraging them to this work as a work of a marvellous high nature and concernment . this being ended , mr. alexander hendersam , one of the commissioners sent from the assembly of the church of scotland , being also desired thereunto , made a speech to the like purpose . then the covenant was read , notice being first given to the assembly , that after the hearing of it , each person should immediately by swearing , worship the great name of god , and testifie so much outwardly by lifting up their hands : which was all done very solemnly and with so much joy seen in their countenances , and manifested by clapping of their hands , as was sutable to the gravity of such a worke , and the sadnesse of the present times . both assemblies having thus sworn , with whom the commissioners from scotland joyned , the speaker with the members of the house of commons , went up into the chancell , and there subscribed their names in a roll of parchment provided for that purpose , in which this covenant was fairly written , and afterward the prolocutor , the commissioners from scotland , and the members of the assembly of divines did the like in another roll , which being finished , the name of god was again solemnly invocated , and praises returned for vouchsafing this church and kingdome so happy and joyfull a day ; a psalme was sung , and then the assembly dismissed . an exhortation made to the honourable house of commons and reverend divines of the assembly , by mr. nye before he read the covenant . a great and solemn work ( honourable and reverend ) this day is put into our hands , let us stir up and awaken our hearts unto it . we deale with god as well as with men , and with god in his greatnesse and excellencie , for by him we sweare , and at the same time we have to doe with god and his goodnesse , who now reacheth out unto us a strong and seasonable arme of assistance . the goodnesse of god procuring succour and help to a sinfull and afflicted people ( such are we ) ought to be matter of feare and trembling even to all that heare of it , ier. 33. 9. we are to exalt and acknowledge him this day who is fearefull in praises , sweare by that name which is holy and reverent , enter into a covenant and league that is never to bee forgotten by us nor our posterity , and the fruit i hope of it shall be so great , as both we and they shall have cause to remember it with joy ; and such an oath as for matter , persons , and other circumstances , the like hath not been in any age or oath we read of in sacred or humane stories , yet sufficiently warranted in both . the parties ingaging in this league are three kingdoms , famous for the knowledge , and acknowledgement of christ above all the kingdoms in the world ; to swear before such a presence , should mould the spirit of man into a great deale of reverence ; what then to be engaged , to be incorporated , and that by sacred oath , with such an high and honourable fraternity ? an oath is to be esteemed so much the more solemn , by how much greater the persons are that sweare each to other : as in heaven when god sweares to his son , on earth when kings sweare each to other ; so in this businesse , where kingdomes sweare mutually . and as the solemnity of an oath is to bee measured by the persons swearing , so by the matter also that is to be sworne to ; god would not sweare to the covenant of works , he intended not to honour it so much , it was not to continue , it was not worthy of an oath of his ; but to the covenant of grace , which is the gospel , he swears and repents not of it . god sweares for the salvation of men , and of kingdoms : and if kingdoms sweare , what subject of an oath becommeth them better then the preservation and salvation of kingdomes , by establishing the kingdome of a saviour amongst them , even our lord and saviour jesus christ , who is a mediator and saviour for nations as well as particular persons ? the end also is great and honourable , as either of the former , two is better then one , saith he who best knoweth what is best ; and from whom alone every thing hath the goodnesse it hath . association is of divine off-spring ; not only the being of creatures , but the putting of them together : the cluster as well as the grape is the work of god : confort and harmony amongst men , especially amongst saints , is very pleasing unto the lord . if when but two or three agree and assent upon any thing on earth , it shall be confirmed in heaven ; and for this , because they gather together in his name , much more when two or three kingdomes shall meet and consent together in his name and for his name , that god may bee one , and his name one amongst them , and his presence amidst them . that prayer of christ seemeth to proceed from a feeling sense of his own blessednesse ; father , that they may be one , as thou in me , &c. unity amongst his churches and children must needs therefore be very acceptable unto him : for out of the more deep sense desires are fetcht from within us , the more pleasing will be the answer of them unto us . churches and kingdomes are deare to god , his patience towards them , his compassions over them , more then particular persons , sheweth it plainly . but kingdoms willingly engaging themselves for his kingdome , his christ , his saints , the purity of religion , his worship , and government , in all particulars , and in all humility , sitting down at his feet to receive the law and the rule from his mouth ; what a price doth hee set upon such ? especially when ( as we this day ) sensible of our infirmity , of an unfaithfull heart not steddy with our god , but apt to start from the cause , if we feele the knife or the fire ; who binde our selves with cords , as a sacrifice to the hornes of the altar . we invocare the name of the great god , that his vowes , yea his curse may be upon us , if we doe not this ; yea though we suffer for so doing : that is , if we endeavour not so farre as the lord shall assist us by his grace , to advance the kingdom of the lord jesus christ here upon earth , and make jerusalem once more the praise of the whole world , notwithstanding all the contradictions of men . what is this but the contents and matter of our oath ? what doe we covenant ? what doe we vow ? is it not the preservation of religion , where it is reformed , and the reformation of religion , where it needs ? is it not the reformation of three kingdomes , and a reformatiom universall , doctrine , discipline , and worship , in whatsoever the word shall discover unto us ? to practise , is a fruit of love ; to reforme , a fruit of zeale ; but so to reforme , will be a token of great prudence , and circumspection in each of these churches . and all this to be done according to gods word , the best rule , and according to the best reformed churches , the best interpreters of this rule . if england hath obtained to any greater perfection in so handling the word of righteousnesse , and truths , that are according to godlinesse , as to make men more godly , more righteous : and if in the churches of scotland any more light and beauty in matters of order and discipline , by which their assemblies are more orderly : or if to any other church or person it hath beene given better to have learned christ in any of his wayes then any of us ; wee shall humbly bow , and kisse their lips that can speak right words unto us in this matter , and help us into the nearest uniformity with the word and minde of christ in this great work of reformation . honourable and reverend brethren , there cannot be a more direct and effectuall way to exhort and perswade the wise , and men of sad and serious spirits ( and such are you to whom i am commanded to speak this day ) then to let into their understandings the weight , and worth , and great importance of the work they are perswaded unto . this oath is such , and in the matter and consequence of it , of such concernment , as i can truly say , it is worthy of us , yea of all these kingdomes , yea of all the kingdoms of the world ; for it is swearing fealty and allegeance unto christ the king of kings ; and a giving up of all these kingdomes , which are his inheritance , to be subdued more to his throne , and ruled more by his scepter , upon whose shoulders the government is laid , and in the encrease of whose government and peace there shall be no end , esa. 9. yea , we finde this very thing in the utmost accomplishment of it , to have been the oath of the greatest angel that ever was , who setting his feet upon two of gods kingdomes , the one upon the sea , the other upon the earth , lifting up his hand to heaven , as you are to doe this day , and so swearing , rev. 10. the effect of that oath you shall find to bethis , that the kingdoms of the world become the kingdomes of the lord and his christ , and he shall reigne for ever , rev. 11. his oath was for the full and finall accomplishment , this of yours for a graduall , yet a great performance towards it . that which the apostles and primitive times did so much and so long pray for , though never long with much quietnesse enioyed , that which our fathers in these latter times have fasted , prayed and mourned after , yet attained not ; even the cause which many deare saints now with god , have furthered by extreamest sufferings , poverty , imprisonment , banishment , death , even ever since the first dawning of reformation : that and the very same is the very cause and work that we are come now , through the mercy of jesus christ , not only to pray for , but sweare to . and surely it can be no other , but the result and answer of such prayers and teares of such sincerity and sufferings , that three kingdoms should be thus born , or rather new born in a day ; that these kingdoms should be wrought about to so great an engagement , then which nothing is higher , for to this end kings raign , kingdomes stand , and states are upheld . it is a speciall grace and favour of god unto you brethren , reverend and honourable , to vouchsafe you the opportunity , and to put into your hearts ( as this day ) to engage your lives and estates in matters so much concerning him and his glory . and if you should doe no more but lay a foundation stone in this great work , and by so doing engage posteritie after you to finish it , it were honour enough : but there may yet further use be made of you , who now are to take this oath , you are designed as chiefe master builders and choyce instruments for the effecting of this settled peace and reformation ; which if the lord shall please to finish in your hands , a greater happinesse on earth , nor a greater means to augment your glory and crown in heaven , you are not capable of . and this let me further adde for your encouragement , of what extensive good and fruit in the successe of it , this very oath may prove to be , wee know not . god hath set his covenant like the heavens , not onely for duration , but like also for extension : the heavens move and roule about , and so communicate their light , and heat , and vertue , to all places and parts of the earth ; so doth the covenant of god , so may this gift be given to other covenants that are framed to that pattern . how much this solémn league and oath may provoke other reformed churches to a further reformation of themselves ; what light and heat it may communicate abroad to other parts of the world , it is only in him to define to whom is given the utmost ends of the earth for his inheritance , and worketh by his exceeding great power great things out of as small beginnings . but however , this i am sure of , it is a way in all probability most likely to enable us to preserve and defend our religion against our common enemies , and possible a more sure foundation this day will be laid for ruining popery and prelacy , the chiefe of them , then as yet wee have been led unto in any age . for popery , it hath beene a religion ever dexterous in fencing and muniting it selfe by association and joynt strength ; all sorts of professors amongst them are cast into fraternities and brother-hoods , and these orders carefully united by vow one with another and under some more generall notion of common dependency . such states also and kingdoms as they have thus made theirs ; they endeavour to improve and secure by strict combinations and leagues each to other , witnesse of late yeares that la sainte ligue , the holy league . it will not bee unworthy your consideration , whether seeing the preservation of popery hath beene by leagues and covenants , god may not make a league or covenant to be the destruction of it ▪ nay , the very rise of popery seemeth to be after such a manner by kings , that is , kingdomes assenting and agreeing perhaps by some joynt covenant ( the text saith , with one minde , why not then with one mouth ? ) to give their power and strength unto the beast , and make war against the lamb , rev. 17. where you read the lamb shall overcome the beast , and possibly with the same weapons , he is the lord of lords , and king of kings , he can unite kings and kingdomes , and give them one minde also to destroy the whore and be her utter ruine ; and may not this dayes work be a happy beginning of such a blessed expedition ? prelacie another common enemy , that we covenant and sweare against , what hath it been , or what hath the strength of it been , but a subtile combination of clergy-men formed into a policy or body of their own invention framing themselves into subordination and dependencie one upon another , so that the interest of each is improved by all , and a great power by this meanes acquired to themselves ; as by sad experience we have lately found : the joynts and members of this body , you know were knit together by the sacred engagement of an oath , the oath of canonicall obedience as they called it : you remember also with what cunning and industrie they endeavoured lately to make this oath and covenant more sure for themselves and their posterity ▪ and intended a more publike , solemn and universall engagement , then since popery this cause of theirs was ever maintained or supported by . and questionlesse ▪ ireland and scotland also must at last have been brought into this holy league with england . but blessed be the lord , and blessed be his good ●and the parliament , that from the indignation of their spirits against so horrid a yoke , have dashed out the very braines of this project ; and are now this day present before the lord to take and give possession of this blessed ordinance , even an oath and covenant as solemn and of as large extent as they intended theirs ; uniting these three kingdoms into such a league and happy combination as will doubtlesse preserve us and our reformation against them , though their iniquity in the mysteries of it should still be working amongst us . come therefore ( i speak in the words of the prophet ) let us joyne our selves to the lord , and one to another , and each to all , in a perpetuall covenant that shall not be forgotten . we are now entring upon a work of the greatest moment and concernment , to us and to our posteritie after us , that ever was undertaken by any of us , or any of our fore-fathers before us , or neighbouring nations about us ; if the lord shall blesse this our beginning , it will be a happie day , and we shall be a happy people . an oath is a duty of the first commandment , and therefore of the highest and noblest order and rank of duties ; therefore must come forth attended with choycest graces ; especially with these two , humility , and feare . feare , not onely of god , which ought to be in an eminent measure , gen. 31. 53. iacob sware by the feare of his father isaac , as if he covered to inherit his fathers grace , as well as his fathers god : but also feare of an oath , it being a dreadfull duty , and hath this peculiar , it s established by the oath of god , i have sworne that unto me every tongue shall sweare , isa. 45. 23. it s made the very character of a saint , he feares an oath , eccles. 9. 2. humility is another grace requisite , set your hearts before god in an humble obedient frame , deut. 6. thou shalt feare the lord thy god , and serve him , and sweare by his name . the apostle paul was sensible of this engagement , even in the very act of this duty , rom. 1. 9. i call god to witnesse , whom i serve in my spirit ; although it be a work of the lips , yet the heart and whole man must be interessed if we expect this worship to be acceptable , psal. 119. 108. accept the free-will offering of my mouth , and teach me thy judgements . also it must be done in the greatest simplicity and plainness of spirit , in respect of those with whom we covenant ; we call god as a witnesse betwixt us who searcheth the heart : with him is wisedome and strength , the deceived and deceiver is his , iob , 12. 19. he hath wisedome to discover , and strength to punish , if our hearts be not upright to our brethren in this matter . let us be contented with this , that the words of our covenant bee hands ; it may not be so much as in the desire of our hearts , that they should become snares , no not to the weakest and simplest person that joyneth with us . in the whole worke make your addresse unto god , as iacob did to his father isaac , and let there bee the like feare and jealousie over your spirits , gen. 27. 12. my father peradventure will feel me , and i shall seeme to him as a deceiver , and i shall bring a curse upon me , and not a blessing . i take liberty with more earnestnesse to presse this care upon you , because i have observed oathes and covenants have been undertaken by us formerly , and by the command of authority , the fruit wherof , though great , yet not answered our expectation , the lord surely hath beene displeased with the slightnesse of our hearts in the worke . i beseech you be more watchfull , and stirre up your hearts with more industry this day then ever before : as it is the last oath you are likely to take in this kinde , so is it our last refuge , tabula post nat●fragium : if this help us not , we are likely to remaine to our dying day an unhappy people , but if otherwise , you will indeed sweare with all your hearts , and seeke the lord with your whole desire , god will be found , and give you rest round about , 2 chor. 15. 15. and having sworn , and entred into this solemn engagement to god and man , make conscience to doe accordingly , otherwise it is better thou shouldest not vow , eccles. 5. as is said of fasting , it is not the bowing down of the head for a day , so of this solemn swearing , it is not the lifting up of the hand for a day ; but an honest and faithfull endeavouring after the contents of this covenant all our dayes ; a truce-breaker is reckoned up amongst the vilest of christians , 2 tim. 3. 3. so a covenant-breaker is listed amongst the worst of heathens , rom. 1. 31. but he that sweareth and changeth not , though he sweare to his hurt , that is , he that will keep his covenant and oath though the contents of it prove not for him , nay possibly against him , yet he will keep it for his oaths sake ; such a one shall have his habitation with the most high and dwell in his tabernacle , psal. 15. and as for you reverend brethren , that are ministers of the gospel , there is yet another obligation will lie upon you ; let us look to our selves , and make provision to walk answerable to this our covenant for the gospels sake ; it will reflect a great aspersion upon the truth of the gospel , if we should be false or unconstant in any word or purpose , though in a matter of lesse consequence , as you can easily collect from that apology of paul , 2 cor. 1. 17 , 18. how much more in such a case as this is , if we should be found to purpose , nay more , to vow , and covenant , and sweare , and all this according unto the flesh , and with us there should be , notwithstanding all these obligations , yea yea , and nay nay ? that we may all who take the covenant this day , be constant , immoveable , and abound in this work of the lord , that we may not start aside , or give back , or goe on uncomfortably , there is a twofold grace or qualification to be laboured after . 1. we must get courage , spirits that are bold and resolute . it is said in haggai , that the lord stirred up the spirit of zerubbabel governour of iudah , and the spirit of ioshua the high priest , and the spirit of all the remnant of the people , and they came , and did work in the house of the lord , the work of gods house : reformation-work especially , is a stirring work : read stories , you find not anywhere , reformation made in any age , either in doctrine or discipline , without great stirre and opposition . this was foretold by the same prophet , cap. 2. vers. 7. the promise is , he will fill his house with glory ; but what goeth before ? vers. 6. yet once it is a little while and i will shake the heavens , and the earth , and the sea , and the dry land ; that is , all nations , as in the words following . this place is applied heb. 12. to the removing jewish rites , the moveables of gods house . the like you finde in the apostles times , acts 17. the truth being preached ; some beleeved , others did not ; here beginneth the stirre , vers. 6. those that beleeved not , took unto themselves certaine lewd fellowes of the baser sort , and gathered a company , and set all the city in an uproare : and when they had done so , complained of the brethren to the rulers , as men that turne the world upside downe , ver. 6. read also acts 21. 27 , 30 , 31. in such a work therefore men had need be of stout , resolute , and composed spirits , that we may be able to goe on in the maine , and stirre in the middest of such stirres , and not be amused at any such doings . it may possibly happen , that even amongst your selves there will be out-cries ; sir , you will undoe all , saith one ; you will put all into confusion saith another ; if you take this course , saith a third , we can expect nothing but blood : but a wise states-man , like an experienced sea-man , knoweth the compasse of his vessell , and though it heave and rosse , and the passengers cry out about him , yet in the middest of all ▪ he is himselfe , turneth not aside from his work , but steereth on his course . i beseech you let it be seriously considered , if you meane to doe any such work in the house of god as this is ; if you meane to pluck up what many yeares agoe was planted , or to build up what so long agoe was pulled downe , and to goe thorough with this work , and not be discouraged , you must begge of the lord this excellent spirit , this resolute stirring spirit , otherwise you will be out-spirited , and both you and your cause slighted and dishonoured . 2. on the other hand we must labour for humility , prudence , gentlenesse , meeknesse . a man may be very zealous and resolute , and yet very meek and mercifull : jesus christ was a lion , and yet a lambe also ; in one place he telleth them he commeth to send fire on the earth : and in another place rebuketh his disciples for their fiery spirits , luke 9 ▪ 54. there was the like composition in moses , and in paul , and it is of great use , especially in this work of reformation . i have not observed any disputes carried on with more bitternesse in mens writings , and with a more unsanctified heat of spirit , yea and by godly men too , then in controversies about discipline , church government , ceremonies , and the like . surely to argue about government with such ungoverned passions , to argue for reformation with a spirit so unreformed , is very uncomely . let us be zealous , as christ was , to cast our all , to extirpate and root out every plant his heavenly father hath not planted ; and yet let us doe it in as orderly way , and with the spirit of christ , whose servants we are . the servant of the lord must not strive , but be gentle to all men , apt to teach , patient , in meeknesse instructing those that oppose , 2 tim. 2. 24 , 25. we solemnly engage this day our utmost endeavours for reformation ; let us remember this , that too much heat , as well as too much coldnesse , may harden men in their wayes , and hinder reformation . brethren , let us come to this blessed work , with such a frame of heart , with such a minde for the present , with such resolutions for the time to come ; let us not bee wanting to the opportunitie god hath put into our hands this day ; and then i can promise you , as the prophet , consider this day and upwards , even from this day , that the foundation of the lords work is laid , consider it , from this day will i blesse you , saith the lord : nay , wee have received as it were the first fruits of this promise , for as it 's said of some mens good works , they are manifest before hand , 1 tim. 5. even so may be said of the good work of this day , it 's manifest before hand , god hath as it were before hand testified his acceptance ; while wee were thinking and purposing this free will offering ; he was protecting and defending our armie ; causing our enemies the enemies of this work to flie before us , and gave us a victory , not to be despised . surely this oath and covenant shall bee iudahs joy , the joy and comfort of this whole kingdome ; yea , of all three kingdoms . jesus christ king of the saints govern us by his spirit , strengthen us by his power , undertake for us according as hee hath sworn , even the oath which hee sware to our father abraham , that hee would grant unto us , that we being delivered out of the hands of our enemies , might serve him without feare in holinesse and righteousnesse before him all the dayes of our life , luke 1. grant unto us also , that when this life is finished , and we gathered to our fathers , there may be a generation out of our loynes to stand up in this cause , that his great and reverent name may be exalted from one generation to another , untill he himself shall come , and perfect all with his own hand by his own wisdom ; even so come lord jesus , come quickly , amen . a speech delivered by mr alexander hendersam , immediately before the taking of the covenant by the house of commons , and assembly of divines . although the time be farre spent , yet am i bold ( honourable , reverend , and beloved in the lord ) to crave your patience a little ; it were both sinne and shame to us in this so acceptable a time , in this day , which the lord hath made , to be silent and to say nothing : if we should hold our peace , wee could neither be answerable to god , whose cause and work is in hand ; nor to this church and kingdome , unto which we have made so large profession of duty , and owe much more ; nor to our native kingdom , so abundant in affection toward you ; nor to our own hearts , which exceedingly rejoyce to see this day : we have greater reason then the leprous men sitting in a time of great extremity at the gate of samaria , to say one to another , we doe not well , this day is a day of good tidings , and we hold our peace ? it is true the syrians are not yet fled ; but our hope is through god , that the work begun this day , being sincerely performed and faithfully pursued ; shall put to flight , not only the syrians and babylonians , but all other enemies of the church of god ; of the kings honour , and of our liberty and peace . for it is acceptable to god and wel-pleasing in his sight , when his people come willingly in the day of his power ( and how shall they not be willing in the day of his power ? ) to enter a religious covenant , with him , and amongst themselves . whatsoever be the condition of the people of god , whether in sorrow and humiliation before deliverance ; or in rejoycing and thanksgiving after deliverance ; this is it , which the lord waits for at their hands , which they have been used to performe , and with which he hath been so well pleased , that it hath been the fountaine of many deliverances and blessings unto them . when a people beginneth to forget god , hee lifteth up his hand against them and siniteth them : and when his people , humbled before him , lift up their hands , not only in supplication , but in covenant before the most high god ; he is pleased ( such is his mercy and wonderfull compassion ) first , to lift his hand unto them , saying , i am the lord your god ; as we have it three times in two verses of the 20th of ezekiel ; and next he stretcheth out his hand against his enemies and theirs . it is the best work of faith , to joyn in covenant with god ; the best work of love and christian communion , to joyn in covenant with the people of god ; the best work of the best zeale , to joyne in covenant for reformation , against the enemies of god and religion ; the best work of true loyalty , to joyn in covenant for the preservation of our king and superiours ; and the best proofe of naturall affection ( and to bee without naturall affection , is one of the great sinnes of the gentiles ) to joyn in covenant for defence of our native countrey , liberties , and lawes ; such as for these necessary ends doe withdraw and are not willing to enter into covenant , have reason to enter into their own hearts , and to look into their faith , love , zeale , loyalty , and naturall affection . as it is acceptable to god , so have we for it the precedent and example , not onely of the people of god of old , of the reformed churches of germany , and the low-countreys ; but of our own noble and christian progenitors in the time of the danger of religion , which is expressed in the covenant it selfe . the defect was ; they went not on throughly to enter in a solemn covenant ; an happinesse reserved for this time : which had they done , the corruptions and calamities of these dayes might have been prevented : and if the lord shall be pleased to move , loose , and enlarge the hearts of his people in his majesties dominions to take this covenant , not in simulation , nor in luke-warmnesse , as those that are almost perswaded to be christians , but as becommeth the people of god , it shall be the prevention of many evils and miseries , and a meane of many and rich blessings , spirituall and temporall , to our selves , our litle ones , and the posterity that shall come after us for many generations . the neere and neighbouring example of the church and kingdome of scotland , is in this case worthy of our best observation : when the prelats there , were grown by their rents , and lordly dignities , by their exorbitant power over all sorts of his majesties subjects , ministers and others , by their places in parliament , councell , colledge of justice , exchequer , and high commission , to a monstrous dominion and greatnesse , and like gyants , setting their one foot on the neck of the church , and the other on the neck of the state , were become intolerably insolent ; and when the people of god through their oppression in religion , liberties , and lawes , and what was dearest unto them , were brought so low , that they chused rather to die , then to live in such slavery , or to live in any other place , rather then in their own native countrey ; then did the lord say , i have seene , i have seene the affliction of my people , and i have heard their groaning , and am come down to deliver them . the beginnings were small , and contemptible in the eyes of the presumptuous enemies , such as use to be the beginnings of the greatest works of god ; but were so seconded and continually followed by the undeniable evidences of divine providence , leading them forward from one step to another , that their mountaine became strong in the end . no tongue can tell what motions filled the hearts , what teares were poured forth from the eyes , and what cryes came from the mouthes of many thousands in that land , when they found an unwonted flame warming their breasts , and perceived the power of god raising them from the dead , and creating for them a new world , wherein should dwell religion and righteousnesse . when they were destitute both of moneys and munition , which next unto the spirits and armes of men , are the sinewes of warre , the lord brought them forth out of his hid treasures ; which was wonderfull in their eyes , and matter of astonishment to their hearts : when they were many times at a pause in their deliberations , and brought to such perplexity , that they knew not what to chuse or to do , for prosecuting the work of god , only their eyes were toward him ; not only the feares and furies , but the plots also and policies of the adversaries , opened the way unto them , their devices were turned upon their own heads , and served for the promoting of the work of god . the puritie of their intentions elevated above base and earthly respects , and the constant peace of their hearts in the midst of many dangers , did beare them out against the malitious accusations and aspersions put upon their actions ; all which were sensible impressions of the good providence of god , and legible characters of his work : which as the church and kingdom of england exercised at this time with greater difficulties then theirs , have in part already found , so shall the parallel be perfected to their greater comfort in the faithfull pursuing of the work unto the end . necessitie , which hath in it a kinde of soveraignty , and is a law above all lawes , and therefore is said to have no law ; doth mightily presse the church and kingdom of se●tland at this time . it is no small comfort unto them that they have not been idle and at ease , but have used all good and lawfull meanes of supplications , declarations , and remonstrances to his majestie , for quenching the combustion in this kingdome : and after all these , that they sent commissioners to his majestie , humbly to mediate for a reconcilement and pacification ; but the offer of their humble service was rejected , from no other reason , but that they had no warrant nor capacity for such a mediation ; and that the intermixture of the government of the church of england with the civill government of the kingdom , was such a mystery as could not be understood by them . although it be true , which was at that time often replyed , that the eighth demand of the treatie , and the answer given thereunto concerning the uniformity of religion , was a sufficient ground of capacitie ; and the proceedings of the houses of parliament against episcopall government , as a stumbling block hindering reformation , and as a prejudice to the civill state , was ground enough for their information . the commissioners having returned from his majesty without successe , and the miseries of ireland , the distresses of england , and the dangers and pressures of the kingdom of scotland , growing to greater extremity ; such as were intrusted with the publike affaires of the kingdom were necessitate according to the practise of former times ( his majestie having denied a parliament ) to call a convention of the estates for considering of the present affaires , and for providing the best remedies : which immediately upon their meeting by the speciall providence of god , did receive information of divers treacherous attempts of papists in all the three kingdoms , as if they had been called for that effect : and by the same providence , commissioners were sent from both houses of parliament to consider with the estates of the kingdom of scotland , of such articles and propositions as might make the conjunction betwixt the two nations more beneficiall and effectuall for the securing of religion & liberty against papists & prelats with their adherents . their consultations with the commissioners of the generall assembly , did in the end bring forth this covenant , as the only meane after all other have beene assayed , for the deliverance of england and ireland out of the deeps of affliction , preservation of the church and kingdom of scotland from the extremity of misery , and the safety of our native king and his kingdoms from destruction and desolation . this is the manifold necessity which nature , religion , loyalty , and love hath laid upon them . nor is it unknown in this honourable , reverend , and wise audience , what errors , and heresies in doctrine ; what superstition and idolatry in worship , what usurpation and tyranny in government , what cruelty against the soules and bodies of the saints have been set on foot , exercised , and executed for many generations , and now of late , by the roman church ; all which wee hope through the blessing of god upon this work , shall be brought to an end . had the pope at rome the knowledge of what is doing this day in england , and were this covenant written on the plaster of the wall over against him , where he sitteth belshazzar-like in his sacriligious pomp , it would make his heart to tremble , his countenance to change , his head and miter to shake , his joynts to loose , and all his cardinals and prelates to be astonied . when the reformed churches , which by their letters have been exciting us to christian communion and sympathy in this time of the danger of religion and distresse of the godly , shall heare of this blessed conjunction for uniformity in religion according to the word of god and the defence thereof ; it shall quicken their hearts against the heavinesse of oppressing sorrows and feares ; and bee no other than a beginning of a jubilee and joyfull deliverance unto them , from the antichristian yoke and tyranny . vpon these and the like considerations wee are very confident , that the church and kingdom of scotland will most cheerefully joyne in this covenant , at the first motion whereof , their 〈◊〉 were moved within them ▪ and to give testimony of this our confidence , we who are commissioners from the generall assembly , although we have no particular and expresse commission for that ●nd , ( not from ●a●t of willingnesse , but of a fore-sight ) offer to joy● our hearts and hands unto it , being a stored that the lord in his own time will against all opposition even against the gates of hell ▪ crown it with a blessing from heaven . the word of god is for it , as you have been 〈…〉 〈…〉 by the consent and testimonie of a reverend assembly ●● so many godly , learned , and grav 〈…〉 divines . in your own sense and experience you will finde , that although , while you are assaulted or exercised with worldly cares and fears , your thoughts may somwhat trouble & direct you ; yet at other times , when upon seeking of god in private or publike , as in the evening of a well spent sabbath , or day of fast and humiliation , your disposition is more spirituall , and leaving the world behinde you , you have found accesse unto god through jesus christ , the bent and inclinations of your hearts will be strongest to go through with this work . it is a good testimony that our designes and wayes are agreeable to the will of god , if we affect them most when our hearts are furthest from the world , and our temper is most spirituall and heavenly , and least carnall and earthly . as the word of god , so the prayers of the people of god in all the reformed churches are for us , and on our side : it were more terrible then an armie to heare that there were any servent supplications to god against us ; blasphemies , curses , and horrid imprecations there be , proceeding from another spirit , and that is all . that divine providence also which hath maintained this cause and supported his servants in a marvellous manner unto this day , and which this time past hath kept things in an equall ballance and vicissitude of successe , will we trust from this day forth , through the weight of this covenant , cast the ballance , and make religion and righteousnesse to prevaile , to the glory of god , the honour of our king , the confusion of our common enemies , and the comfort and safety of the people of god : which he grant , who is able to doe above anything that we can ask or think . finis . mr. croftons case soberly considered, plainly stated, and humbly submitted to the consideration of just and prudent men made publique to silence clamor, correct mistake, and acquit him from the charge of high treason vrged by tho. tomkins, fellow of all-souls, oxon. and others in their frivolous, scurillous and invective pamphlets. 1661 approx. 63 kb of xml-encoded text transcribed from 15 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a51017 wing m2260 estc r25739 09098254 ocm 09098254 42436 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a51017) transcribed from: (early english books online ; image set 42436) images scanned from microfilm: (early english books, 1641-1700 ; 1290:8) mr. croftons case soberly considered, plainly stated, and humbly submitted to the consideration of just and prudent men made publique to silence clamor, correct mistake, and acquit him from the charge of high treason vrged by tho. tomkins, fellow of all-souls, oxon. and others in their frivolous, scurillous and invective pamphlets. griffith, hugh. [4], 22 p. printed for the authours, london : 1661. "epistle dedicatory" signed: hugh griffith, henry hall, james green, thomas eaton. reproduction of original in the union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng crofton, zachary, 1625 or 6-1672. solemn league and covenant (1643) 2007-11 tcp assigned for keying and markup 2008-01 spi global keyed and coded from proquest page images 2008-03 elspeth healey sampled and proofread 2008-03 elspeth healey text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion mr. croftons case soberly considered , plainly stated , and humbly submitted to the consideration of jvst and prvdent men. made publique to silence clamor , correct mistake , and acquit him from the charge of high treason . vrged by tho. tomkins fellow of all souls oxon. and others in their frivolous , scurrillous and invective pamphlets . eccles . 8.14 . there is a vanity done upon the earth ; that there be just men , unto whom it happeneth after the work of the wicked . isaiah 59.15 , 16. truth faileth ; and he that departeth from evil maketh himself a prey ; and the lord saw it , and it displeased him that there was no judgement , and he saw that there was no man , and wondred that there was no intercessor . london , printed for the authours , 1661. to the right honourable edward earle of clarendon , lord high chancellour of england . may it please your honour , although the confinement of mr. crofton , seemeth to pass with the least regard , we cannot but with grief observe , it hath not the least reflection on the justice and honour of his majesties government ; the person being known to have asserted and adhered unto his majesties just interest in the worst of times , under , and against the late vsurpers , and their base complyants and confederates , unto the loss of his estate and liberty , and hazard of his life ; nor is any defection in his loyalty visible to men , who can see no cause for his present bonds , save the casuistical debate of the oath , the providence of god had brought on this kingdom , and that before it was interdicted by any law. we cannot but be afflicted to consider the insultation of his majesties known enemies , in the sufferings of this man , his majesties known faithful and loyal subject , who observing him to suffer with them , and more then the most of them , according to their blasphemous argumentation from providence , conclude ( not without reproach to his majesty ) that his present bonds , is gods punishment for his active endeavours for his majesties most happy restauration , reputing his zeal therein , to have been his most grievous sin , which notwithstanding we are well assured , his heart doth abide most upright and sincere towards his majesty . we have in silence long expected some ebedmelech , in the kings court , to procure his discharge from his dungeon : and conceived some by the duty of their place bound , and better capacitated then are poor we , would have appeared by way of apologie for his innocency , but have been therein failed ; least therefore god should say , and wonder there was no intercessor , we have presumed to break silence , and make publique our apprehensions of his cause and case , submitting the same to the censure of just and prudent men . it hath ( right honourable ) been suggested to us , nor have we been void of fear , that this apologie for our friend might prejudice him , and endanger us , though we confess we can conceive no cause thereof , save that irrationalitie and injustice which judgeth truth to be treason , which we dare not but think is a stranger at , and kept at a distance from our kings court ; we profess our deliberate thoughts conclude magna charta , and the petition of right shall be as soon violated , and the prisoners humble demand of an habeas corpus be determined a crime , as this plain naked representation , be reflected to his damage , or charged on us as an offence ; we observe the quakers and others , do with much boldness publish their cases without control , and we cannot suppose this course more offensive in loyal , and sober presbyterians , nor can reason condemn us for vindicating him , by that way whereby tomkins and others have defamed him . we are not much acquainted with the laws , nor do we understand how far some late laws may extend ; but we profess our selves men of conscience , and fly to your honour as judge of equity : we have indeed considered our friends case , as it hath been represented by vulgar clamor , and scurrillous pamphlets , because we can know it by no other means , no accuser , or accusation having appeared against him ; which if there ever do , we shall leave him to answer , and do not doubt but he will fully acquit himself ; our consideration is such , as we fear not to tender to your most serious scrutinie , with an assureance of a most wise and just decree upon it , so far as your honours power doth extend . we want not matter of clamorous complaint , concerning the hard vsage of our friend in this close imprisonment ; where by perdidit patriam , domum , familiam , imo & ecclesiam , cultumque dei publicum ; a manifest bondage : the illegal disposing of his church , immediately on his confinement , to the depriving of him of all possible means of subsistance to himself , and numerous family , and that without allowing him the maintenance , he ought by law to enjoy whilst his majesties prisoner : and the many tedious chargeable , and ( what 〈◊〉 worse ) bootless applications by humble addresses , and ●●…any submiss petitions never answered : but these we ●●…ve , being unwilling to reflect on persons or personal 〈◊〉 〈◊〉 and convinced our friend suffereth by mistake , 〈◊〉 〈◊〉 ●…pprehension of what he is , and what he hath written ; the which being hereby made manifest , we most humbly pray it may , and cannot doubt but it will obtain your honours most favourable mediation to the kings most excellent majesty , for the discharge of his long imprisonment . vve will not further trouble your honour , save to beg your pardon for this over bold address , constrained by compassion to our friend , and conscience towards our righteous god. may it please your honour , we are your honours most humble servants , hugh griffith . henry hall. james green. thomas eaton . mr. croftons case soberly considered , plainly stated , and humbly propounded to the consideration of just and prudent men . mr. zechariah crofton , minister of botolphs algate , london , now is , and ever since the twenty third day of march 1660. hath been a close prisoner in the tower of london , not permitted pen , ink and paper , nor any other way or means whereby to plead his own cause , or vindicate himself from the calumnies cast upon him , by the tongues and pens of violent and unreasonable men ; we therefore conceiving our selves as fellow subjects interested in his restraint : and as men and christians bound to plead the cause of the oppressed , and to do as we would be done unto ; and observing that trembling , stupendious and god-amazing silence , which hath seized upon such ( who in point of duty and ability ) are more capacitated , and charged to plead the cause of the poor , then are we our selves , have presumed to enquire into , and represent to others his case and condition , in reference to the cause of his present sufferings , which we are convinced are continued upon him through misapprehension , he being reported and concluded to be , what indeed he is not . although every tongue and pen can now call him by no other name but traytor , such as have known the man , his principles and practises , yea and suffering ; and observed from what persons , and for what cause he received the same , cannot but know he was conscientiously loyal , and constantly faithful to the kings majesty and his interest in these kingooms ; he having manifested the same ( beyond all possibility of denial by any ) by his retaining his loyalty and adhaering to the exil'd king , as his only liedge lord , in the very worst of times , under our late usurpers ; in his place and to his power opposing them , disowning their authority , denying to subscribe the ingagement of fidelity to them , and declaring against it as sinful ; dissenting from , and many times expostulating with his complying brethren , and ever refusing to concur in any addresle or application to them : by his sequestrations , and many sufferings he received from them , for no other cause , then his loyalty unto his majesty ( then in a low estate : ) by his sermons preached at namptwich , at west-chester , at caherine coleman and peters church in cornhill london , rebuking the barbarous murther of his late ; rebellion and defection from his now majesty , and perswading a penitential return of allegiance to him our lawful soveraign ; the which he enforced with many pathetical and pregnant perswasive admonitions , publickly printed ; and the same is made the more legible by the joy of such by whom he formerly suffered , and with whom he now suffereth , who now tauntingly insult over his present sufferings , & upbraid him with his past adherency to his majesty , saying , nothing but a king would serve his turn , we hope he hath king enough now ; we well knew they who were so zealous for the king , would fare no better , then those that were against him . these and the like evidences of his sincere loyalty are so notorious , that we should labour without cause and to no purpose , to specifie particular proofs , his very enemies , not being able to deny them ; that this man retained the same affection to his majesty after his happy restoration , we need not inquire into his domestick expressions of joy , and daily praises to god , as evidences thereof ; the same having been amply testified by his publick ministry , and the doctrine of obedience and subjection to the king which he preached at st. antholines church london , from 1 pet. 2.13.14.15.16 . and the doctrine of thanksgiving to god for so great a mercy preached on may 10. and june 28. 1660. at buttolphs algate immediately before , and after his majesties happy return , from that text , 2 sam. 22.48 , 49 , 50 , 51. and by the doctrine of humiliation for the horrid regicide the barbarous murther of his late majesty , which he preached from 2 sam. 1.11 , 12 , 13 , 14 , 15 , 16. on the 30th of jan. the same year , all which ( were they not too tedious for a discourse of this nature ) we had thought to have inserted in these papers six out of those book notes which we took from his own mouth , when he preached the same ; thus much we will be bold to say , that the expressions of his loyalty in those sermons , were such as might vie with those who injoy the most of his majesties favour , and administer to all that know the man , matter of amazement and admiration , that he is resolved into such sufferings under pretence of treason and disloyalty , which must needs be the result of mistake , or unkindness . we cannot but admire with what honesty or modesty , men do confound mr. crofton with those ( because professedly the same with him in ecclesiasticks , ) who acted or irritated open rebellion against his late or present majesty , ( which his soul ever abhorred , ) or who did basely comply under our late sinful , shameful revolutions : with what face can men reflect the odium of these things , upon the person who acquitted his conscience and credit , by a constant and publique disavowing the one and the other , and in his place declaring the sinfulnesse of both , and whereof his writings do very plainly shew his dislike and detestation , making it his business to vindicate the solemn league ; and covenant from the least causality of so sad effects , affirming these to have been the perjurious violation of that . we wish the serious reader , willing to be satisfied in this particular , to review his analepsis , pa. 7 , 8 , 15 , 16. analepsis an elepthe , pa. 17 , 18 , &c. berith anti-baal , pa. 51 , 52. when we consider mr. croftons constant loyalty , and confessed vigour , and activity in bringing back the hearts of his majesties subjects , and reflect on his present sufferings , we must confess we are not without fear , that the envious observation of some of his majesties enemies , may cloud the honour of our most gracious king , with the oblivion of joash towards zechariah the son of jehoidah , or the unkindnesse of queen mary towards mr. dobs , and the gospellers of norsock and suffock , whom she imprisoned and pillored for only minding her of her promise to them passed , for the clearing her passage to the crown . the only matter our best enquiry will give us to understand , or our selves can rationally conj●cture , as an offence chargeable on mr. crofton , is , the affirmation of the obliging force of the ●olemne league and covenant , and in order thereunto observing and arguing the legislative power of the two houses of parliament without the king ; these two we confess are legible in those writings , which bearing his name in the world , are reputed his ; these books we have heard were objected to him ( without any specification of any thing or word offensive or trayterous , ) when he was committed prisoner to the tower ; concerning these assertions we humbly offer these things to be observed , which we conceive to be worthy a due and serious consideration . 1. first , mr. croftons affirmation , or rather argumentation of these principles , was , before the same was interdicted by ay law or authority , and ( if without offence we may observe it , ) when it was a duty imposed on all his majesties good subjects ( required to use their utmost endeavours to promote the ends of the covenant , and that as an evidence of their fidelity to god and their king ) by his majesties royal declaration , transmitted out of scotland , and ( which we have heard ) was delivered to mr. crofton by a colonel in his majesties army , marching to worcester , with an express charge to believe and pursue it as his majesties expresse pleasure : we are sensible the affirmation of these principles is now forbidden by a law , and is punishable by a premunire in such who shall affirm them , or either of them after the 24th of june , 1661. but in mr. croftons case we cannot but observe , his act was in august , september and october , many moneths before the law which doth forbid it ; what is a premunire , by the laws we conceive could be no treason before the law was made ; where there is no law there is no transgression ; it is an advise worthy a king so just , and wise , as was king james his majesties grand-father , and to be ever remembred by all princes and ministers of justice ; proceed judicially and spare none where you see cause to punish ; but let your proceedings be according to law , and remember laws have their eyes in their fore-head , not in their neck , for the moral reason for the punishment of vices in all kingdomes and common-wealths , is , because of the breach of the laws standing in force , for none can be punished for the breach of lawes by predestination , b●fore they were made : that mr. crofton was committed to prison for this cause , might be reputed an act of prudence ; but that he is nor enlarged , now that his spirit and principles are under the restriction of a law , seemeth to us something hard and unpolitique ; the rather for that a royal command is fairly pretended to have engaged him in this contest , and that he did it before the bring o● that law , according to which justice must acquit him if he had been a transgressor thereof , more then the time thereby directed for prosecution having passed between his act and commitment , and more then twice as much since he was confined , and yet no legal process hath past against him . 2. mr. crofton hath as a divine disputant and casuist , affirmed these principles as weighty and importart , but doubtful and undetermined by any good and just authority ; he therefore having used the freedom and confidence of a disputant in his discourse , doth conclude his argumentation with this profession ; might my poor weak papers provoke more serious casuists , ( in good earnest as before god , and in the dread of an oath , ) to state and by right religious reason , resolve this case of conscience ( though in the negative ) i had obtained my desire , and ( if i know mine own heart ) none shall he more ready then my self to fall down and worship , and confess god is in you of a truth . we have not known that in any well-governd common-wealths , nor can our reason conceive that logical dispute and casuistical debate ▪ ( of things weighty , doubtful and not prohibited ) was , or could be judged any crime , much less a crimen laesae majestatis ; we hope we may without offence observe , that the earnest opponents of the divorce of king henry the 8th , and the title of renouned queen elizabeth to the crown of england , or any of them were not for the same apprehended or imprisoned as offendors , until after that the law , ( the mature and deliberate debates by both universities , all the casuists in christendom and the estates of parliament , having first cleared and concluded the question disputed , ) had duly interdicted the further debates concerning those matters ; the obligation of an oath , ( in which god is immediately concerned , ) we think we may say with confidence ) is not inferiour to the most weighty of these cases ; and no man can or will deny disputation is directed by god and nature , and used and allowed by all men and nations ( the barbarous turk , and in cases of religion only excepted , ) as the only ready and rational means to discover truth , and disperse such clouds as darken the same ; confutations of fury and false witness are registred comments on the ignorance and impietie of stephens antagonists ; and of fire and force is the high dishonour of queen maries reign , the same better beseeming the wilful , malitious , obdurate jew , and blind , bloody papist , then the rational religious christian , and reforming protestant : whose onely honourable warfare , hath been ever managed ( unto good success ) by argumentation , enforced by prayers , and tears as their onely weapons . 3. mr. crofton did not first begin and set on foot this dispute : this controversie was provoked by the reverend bishop of excester dr. john gauden ; his analysis sounded the alarm , and challenged all men ( who feared an oath , sacred in its nature , and the onely security of humane order and societie ) especially ministers ( the guardians of truth , and guides to dutie ) to appear unto the defence of the ( since condemned ) covenant ; mr. crofton indeed ( forward in zeal , and having improved this oath to the advantage of his majesties happy return ) did first step forth , and with all sobriety receive , and repell the bishops first assault ; the which the dr. enforcing a second and third time , he resisted with more logical and theological strength , taking the principles from grotius the civilian ; the learned sanderson now bishop of lincoln the casuist , and sir thomas smith , horn and fortescue the lawyers , best acquainted with the constitution of the government of this kingdom ; the which he useth as his medium , by which to conclude his argument : so that it is visible to all men that mr. crofton is defensive in this whole debate ; and is no further criminal , then in suffering his reason to infer , and relate the conclusion , which the principles approved by all men , and asserted by approved authors do enforce : civilians do conclude defensive , to be the most ( if not onely ) lawfal war : our law and reason doth conclude in all quarrels , the offence is in him who gave the first blow , and began the fray , no man was ever found guilty of murther ▪ or treason , for killing a man se defendendo ; the heat of the chase , and chance of hunting , acquitted sr. william tyrrel from the guilt of treason or murther , though he slew king william the second ; and men of ingenuity will acknowledge it to be a most fair , candid and clear conquest , which is obtained by the sword of goliah , the enemies own weapons ; whilest premises stand approved , other men will not want mr. croftons reason to infer the conclusion , nor can they think this common act could be in him a capital crime : we cannot but acknowledge the wisdom and justice of our late martyred lord , king charles the first , who determining to silence the arminian controversie ( which then disturbed the peace of the church ) did first by his royal proclamation call in the book appello caesarem published by dr. montagne bishop of chichester , as that which was the first cause , and gave occasion to those disputes and differences which troubled the quiet of the church : we dare be bold to avouch it , that if dr. gauden had not appeared against , mr. crofton had not ( in this way ) appeared for the ( now condemned consumed ) league and covenant , and we hope we shall not have cause to think the bishops analysts was let loose , to ducquoy the sober , serious , conscientious , and sincerely loyal covenanter , into a snare of destruction , by a disputation of a matter so weighty , and undetermined . 4. although mr. crafton may in this dispute have strained towards one extream , and seemeth to have attributed more to parliaments , then what doth appertain unto them , ( which is the ordinarie infortunium of a dispute ) yet he hath not in these wrightings uttered any expressions of disloyalty , or disrespect to the kings majesty , or of advise and provocation , unto tumult and disorder in the people , whereby his majesties person , crown or dignity , could be endangered , or the peace of the kingdoms be disturbed : but on the contrary , they contain ( in the general scope of these writings , besides many particular expressions thereunto conducing ) the greatest evidence , and security of loyalty to the king , and peace unto his people that can possibly be given ; as an evidence hereof we pray it may be observed . 1. mr. crofton is so far from abetting , approving , or defending the rebellion against and usage of his late majesty , that he doth expresly disown , and damn the resistance of his authoriry , and violence upon his royal person , as a most horrid and execrable rebellion , a most base and barbarous regicide , a most odious and perjurious breach of the covenant : which he vindicateth from the odium thereof , and affirmeth to have been so far from being the cause or accessorie occasion thereof , that it is in it self the most full security and strength unto the contrary , that ever was or could be given : and observeth the same to have been slighted , as an almanack out of date , before that violence could be acted , or advised , which he determineth to have been a full and formal violation of this oath by the perjured pack who did pursue and effect the same . 2. this man is so far from detracting from the kings soveraign power and prerogative : that in these very writings he acknowledgeth the kings supremacy , in every particular , and in the greatest latitude thereof , ever challenged by any english prince , and he doth therefore urge the covenant as consistant with , and enforcing to the oaths of allegiance and supremacy : he affirmeth the subjects duty and allegiance to be absolute , and due without any condition of their own prescription , or indenture ; and without any respect to the quality or disposition of the king , good or bad , pious or impious ; founded in and directed by simple , naked relation : and he asserteth the kings prerogative and sovereign power to be such , as doth exempt his royal person , from all imposition of conditions , and from all coaction to accomplishment ( of what he condescendeth to assume upon himself ) by his subjects , or any humane power whatsoever ; and therefore this very man doth blame the scots for indiscretion , and over much boldness , who being subjects could dare to take the advantage of a straite condition , to put such terms ( as they did ) upon his majesty . 3. mr. crofton is in these writings so far from a seditious spirit , and provoking any preposterous , heady , and seditious attempts , and endeavours , that he bindeth all men in the performance of the covenant unto just and lawful endeavours , and that within their places and callings , and therefore he alloweth no weapons against majesty , save ministerial rebukes and admonitions in the name of god the king of kings ; parliamentory advice , proposal & remonstrance , in the name of his subjects , or the collective body of his kingdom ; and vulgar petitions and supplications from and by themselves , in reference to their vulgar concernments : he disowneth and disalloweth all popular tumults , and disorderiall insurrections , and insolencies in the subject ; binding unto passive obedience , and quiet submission , all who cannot yield active obedience to the establishments decreed by the king , in church and common-wealth ; whensoever he doth ( as he durst do no other ) observe the wisdom , justice and soveraign power of almighty god , in permitting , or disposing , the irruptions and insurrections of the natural , against , and upon the political power , or the heady , disorderly , tumultuous , and seditious agitations of the people against their princes , he passeth not his observations , without a notation of the sinfulness thereof ; and a manifest expression of his own dislike of such wayes , and courses : if this man must be branded as a preacher of sedition , we must confess our selves at a loss , how truth shall be declared with due respect unto , and careful preservation of order . 5. the affirmation of these principles , and the disputation in these books mannaged , do very rationally profess loyalty , to be the center ( at least a chief part thereof ) from which they sprang , and to which they are returned : mr. crofton argueth loyalty as the impulsive cause thereof , and pleadeth it from such evidences which no sober christian can , or will deny : we shall not conclude declarations published under the distress of royal affairs , do exactly oblige the kings accomplishment ; yet cannot but conceive them to be the subjects appologie , and justification for his pursuit of the royal command thereby signified , and not any other way countermanded : we cannot but observe the chief of mr. croftons books ( objected against him as his onely crime ) were written before his majesties declaration concerning ecclesiastical affairs was published : this man owneth no sence of the covenant , but what is truly loyal , and fully securing to the kings interest and prerogative : it is very well known he had in press , and pulpit , improved this very principle of the covenant , to bring back the hearts of the people , to the happy restauration of his sacred majesty ; and then he found acceptance , approbation , and applause , from those very persons who now reproach him , and rage against him for no reason , save reasoning the same principles : we confess , we stand amazed , and cannot conceive with what colour of justice , that which was an eminent act of loyalty , april , 1660. could be reputed , represented , and charged to be an act of high treason in september following ; no new law intervening to interdict and so alter the nature of the act , yet we know tempora mutantur , & nos mutamur ab illis ; onely we conceive a temporizing weather-cock humour must direct , or the dictates of new made laws must drive men into the change of act , and estate : mr. crofton doth often protest loyalty to be his end in this debate ( which now seemeth to be his errour ) and we have cause to believe it did really affect his heart , whence we finde no disloyal act , or expression to have sprung ; and this most loyal profession , doth not a little demonstrate the sincerity thereof . i confess we allowe unto his most sacred majesty all humble submission , active or passive , whatsoever shall be by royal authority established in the church ( though never so corrupt yet ) whilst consistent with salvation ; it may occasion unto me suffering , and a suspence of my ministry , but it shall not effect in me ; or such on whom i have influence , schism from the church , or resistance of his majesties right and authoritie : and in the further , and more fervent enforcement of this debate , this man declareth , he had rather never put pen to paper , then that his writings should disturb the peace of these two long distracted nations . mr. crofton may ( we confesse ) have taken into his judgment , some of those errors in politie , which the unhappy breach between his late majesty and the late long parliament did foment ; yet we humbly conceive malice it self cannot charge these writings ( written with so legible a line of loyalty , and love to peace and order ) with treason or sedition : certainly this breath is too sweet to come from ulcered lungs ; these principles and professions could never proceed from a trayterous heart ; and all just men will acknowledge actus non facit reum nisi mens sit rea : nor can they be charitably suspected of dissimulation , when things antecedent concomitant and consequent , speak the sincerity of a loyal breast , or when it is observed that these writings exactly square with that constant loyalty he retained & expressed in the worst of times , from the first moment of his majesties reign , and never stained with the least of action , affirmation , or compliance when almost all men made defection : yea this man is so well known to us , that we dare affirm and will be bound to produce good demonstration thereof ( whenever he be brought out of his present bonds ) he retaineth to this very moment the same loyal spirit and resolution , although the wisest of kings hath in his experiences made this observation , oppression will make a wise man mad . we have read all those writings which bear mr. croftons name , with as strict and acurate observation , as we are capable of , and we grant , that in some of them , we sometimes meet with a political argumentation , which we could not but judge somewhat excentrical , and out of his sphear as a divine ; did we not consider all arts and sciences are hand-maids to divinity ; and not only useful , but necessary unto a casuist , who must weigh circumstances before he can give a right , clear and convincing judgement to satisfie the conscience : and we find this man to urge the same casuistically , and in answer to the objection of those , against whom he doth dispute ; we hope it is not more out of mr. croftons way to answer , then out of his antagonists way to argue from principles in politiques , or the political constitution of the kingdom : if his fault be that he stept out of his place , we only pray it may be observed , he was drawn out by the pursuit of his adversary , and martial law will allow the man to pursue beyond his bounds , ( provided he retreat in time ) who may be justly punished , if he leave his place to assault the enemy , and yet , the matter of mr. croftons political arguments hath been proposed to the consideration of the learned in the law , and they see not any crime or capital offence to be in them , any of them , or all of them put together ; much less can they charge it to be treason , the which the prohibition doth only punish with a premunire since the 24th of june , 1661. our ears have been alarumd with the loud clamours of mr. croftons treason , every scurrilous pamphleter can better proclaim , then prove him a traytor ; every simple calculator of the almanack observations , can more easily calender his commitment for high treason , then give the least convincing evidence of his guilt : we have bestowed our mony upon these pamplets , which insult over him in this day of his affliction , and confess we find in them big words , ( preterea nihil , ) venting themselves with the highest malice and greatest rage ( the event as yet excepted , ) that ever was expressed ( against a man so innocent , ) since the stoning of stephen : insomuch that we cannot but suspect it to spring from the same root , and to be an effect of the same cause , the rather because when we would know the particular matter of his treason , we find his violent accusers are not agreed among themselves : all indeed place it in words , for which the learned say there is no warrant , ( unless in some special opinions relating to the pope , determined by some special statutes , ) but they are divided as to words . some tell us his treason is for saying , the parliament had a legislation without the king , but this is only punishable by a premunire since the law was made , which maketh it criminal : lestrange fixeth his treason in these words , the lords and commons were a lawful authority , yet we find no law which hath determined a crime in this position , much less a treason ; we find mr. croftons assertion thereof to be very cautious , and so well grounded that we can scarcely yet believe the same will be judged an errour by any sober , serious english-man : being verified by the dayly practice and usage of pa●liament : for our parts we must confess we dare not deny the solemn league and covenant to have been burned by a lawful authority , and yet we do not know any act of parliament with a full , formall assent of the kings majesty which did direct the same : and we fear , if we should yet presume to disobey any resolve , vote or order of one or both houses of parliament , or condemne and resist the execution thereof by any other ; this plea such vote or order was defective as to lawful avthority , ( not coming in the formality of an act of parliament , and a full law with a le roy le ve ult ) would not acquit us from the contempt of the authority of parliament : and yet we cannot but observe mr. croftons assertions concerning the authority of parliament , to be no more then this , that it was lawful and sufficient , not full and compleat , without the expresse royal assent , and that also under these two express qualifications , a parliament rightly constituted , and during their session : he never judged any self-constituted assembly , or convention pack'd by a usurping tyrant , to be a parliament , nor any vote , resolve , or order of parliament to have in it any thing of the nature of law , or authority , ( save to desend what was executed by virtue thereof the parliament sitting , ) when the parliament is dissolved : his words are these , a parliament duly summoned , regularly elected and returned , rightly constituted and readily embraced by king and kingdom ; can any true englishman in any measure acquainted with the constitution of this kingdome , or the authority of the high court of parliament deny these to be a just and lawful authority , to resolve , order , and enjoyn , yea and to execute their resolues , orders and injunctions during the being of their power , though not to establish laws to be executed when they are dissolved and gone : and in every of his books we find him often deny the two houses to be full and compleat , though he affirm them a lawful and sufficient authority : sure mr. lestrange will not deny lawful authority to be a subject capable of majus and minus , and such as may admit of degrees ; if mr. crofton be in this point in an error let any man by good demonstration correct him , we will undertake he shall not by obstinacy appear an heretique in politiques , but if his confutation must be only rage and violence , we desire mr. lestrange will let us know that english law , which hath determined treason for any man to think , say , or write the lords and commons assembled in parliament are a lawful authority , and then we may be convinced mr. crofton suffereth as an evil doer , but till then we must let him know railing is no reason , not doth it become a man. mr. tomkins who at length appeareth to rescue the oxford reasons from the force of mr. croftons arguments ; doth leave the learned authors thereof under their observed defects in logick , history , politiques , and divinity , and as one whose pinched reason breaketh into passion , ( in heat of anger ) provoketh a more severe and bloody moderation then his antagonist hath yet met with , crying out , mr. croftons saying that the parliament ever retained a jurisdiction over church and crown in short is high treason . how much the universitie of oxford are engaged to this their valiant , learned defendant , we leave themselves to judge : how much he hath bettered the cause under contest let sober men judge : with what ingenuity , candor and clearness he hath taken up and confuted mr. croftons arguments , let any sophomore , yea fresh-man or ordinary logician judge : and how fair an adversary he is , that alarumeth the hand of justice against his antagonist , let just and wise men judge : we are not now to animadvert his animadversions , but to apologize for our oppressed , defamed friend , who cannot do it for himself : and herein we would give this confident gentleman hearty thanks to clear his charge of high treason , for we would not plead for it if we knew it , or could perceive it ; but we yet think this is but one doctors opinion , more visible to a fellow of all-soules in oxford , then a barrister or bencher in the temple , near london . this fellow professeth himself a reader of cookes institutes , and that learned lawyer telleth us there is no treason but what is determined by the statute of the 25th of edward the 3d , and we find not this assertion forbidden therein , nor any opinion determined , and declared by that statute to be treason : this learned lawyer concludeth that treason must be factum not dictum , words may make an heritique but not a traytor , we must confess oxford disputants have determined heresie in their opponents , he is the first of that learned university , who hath presumed to declare treason . we are sure these words make no immediate , and direct assault upon his majesties person , crown , or dignity ; and the lord cook abandons all glosses , inferences , interpretations , and consequences to be made by judge or counsel , in cases of treason . judge jenkins guides the judgement of treason by the very letter of the law , for that in criminibus a verbo legis non est recedendum : and we cannot conceive how an observation of past acts , can be treason in the logical , or historical observer : mr. crofton noteth the parliament retained in times past ; he doth note the fact without any determination of the jus and right of such retention ; we would advise this fellow to repair to all souls , and reflect on his own thoughts ; and resolve us , that the treason is not more in his own fancie and imagination , then in mr. crofton his expressions ; we find he doth throughout his book mistake the person , which maketh us suspitious he misunderstandeth the position : on this man he reflecteth the odium of the violence of the visitors in oxford whom mr. crofton knew not , and it is disputable , whether he was then in england : the defection and complyances under queen richard and other vsurpers , which mr. crofton ever denyed , resisted , and detested , when some who then were , and now are most zealous complyers urged him , with this convincing argument these times affords few martyrs : and the purchase of church lands whilest mr. crofton would not take when he might , a living out of which he knew any man to have been sequestered : he whose heat of passion doth engage him to misread the person , may well misinterpret his words , as indeed we observe he doth , understanding king by crown , and soveraign coercive , destructive power by jurisdiction : it is no hard matter to make a traytor , if envy may interpret a mans words ; we hope mr. tomkins will not take it unkindly ; if he be excepted against , as to his being judge , or jury which shall passe upon mr. crofton . that we may not run into the error we rebuke in any other , we shall not presume to give our apprehension of the loyal sence of these words , so positively charged to be high treason ; but shall make bold to present you with mr. croftons own exposition of them declared in a letter written to some friends , who desired to understand his sence and meaning therein : all men will allow him waterford law as the best and onely expositor of his own words , subject to misconstruction . these words [ the parliament ever retained in themselves a jurisdiction over church and crown ] are so far from treason ; that they will not be found an error in politiques ; if that rule be true which cannot be denyed , generalia generaliter sunt intelligenda : i fear you mistake the sence of every word in this short sentence , and that you conceive crown doth signifie the king , as if these two were not seperable ; and so known to be in our laws : and jurisdiction doth signifie coaction , as if coronae jus dicere did necessarily signifie coronatum cogere per asperte ; the which is a sence inconsistent with , and contrary unto the kings immunity from all humane coaction , which i have expresly asserted in this very treatise ; you here understand parliament , to signifie the lords and commons abstracted from the king ; which sence this place and case doth not necessitate , though i do sometimes so use that tearm : for parliament here is opposed to pope , and is noted to be the subject of full and compleat legislation ( which i never do attribute unto , but do alwayes deny , the two houses ) unto the extendiag the prerogative of the crown by the statute 1. elizabeth : or restraint thereof by the statute 17. carol. in both which the king was a part of the parliament : learned men should expound the text by the context ; and in reading a treatise make one part expound another , and know , no author is to be judged by the sound , much less by the seeming consequence of a single sentence : and now mr. tomkins where is mr. croftons high treason ? and yet we will not fear to let you know that admitting your sence of the term parliament , abstracted from the king there is nothing clearer in the political constitution , and administration of our kingdom , then their retained jurisdiction over the crown ; we do not , nor did mr. crofton say over the king , the subject of the crown ; we will not run you for proof hereof into the histories of forreign countries , or our own saxon times , in which we finde this jurisdiction larger then mr. crofton doth assert it ; but nearer home and hand be pleased to consider , 1. king john yielded by consent of the barrons ( saith the record ) the crown of england unto the pope of rome to hold it from , and under him ; who often demanded the surrender of it , but was answered the parliament must give it ; in anno. 40. of king edward the third , upon the popes demand of the crown of this realm , the king appealed to his parliament , who judicially determined it was not in the power of king john , nor any other king of england to dispose the crown ; but in the sole power of parliament . 2. the claim to the crown made by richard duke of york , against king henry the sixth , having reigned twenty eight years , was by both parties , submitted by appeal , unto the judgement of parliament ; who determined for the duke ; yet continued the crown to the king , during his life , on condition of good behaviour towards the duke , and in either case the duke or his heir to possess it . 3. the several successors in the strife between york and lancaster , submitted the success of their sword , to the censure of parliament , as their onely security to the crown ; the acts of one parliament binding until discharged by another , hence it is that the statutes of that age recorded in speeds chronicle do teach us this doctrine : the court of parliament is of such authority , and the people of this land of such nature and disposition , ( as experience teacheth ) that the declaration or manifestation of any truth or right by the three estates ( lords spiritual and temporal and commons saith the statute ) assembled in parliament , and by authority thereof , maketh before all things most faith , and certain quieting to mens winds , and removing all doubts . 4. the parliament did bastardize and legitimate the children of king henry the eighth , and they by their authority enabled him to dispose the crown to , or from his children , with and under what conditions he pleased , adjudging any his children assuming the crown , otherwise then by this authority , to loose their right , and be judged traytors to the realm , whence it came to pass that edward the sixth , queen mary , and elizabeth did hold and enjoy the crown , by authority of parliament , and the title of the last being questioned , produced the statute 13. elizabeth , which made it treason during the queens life , and loss of goods after her death , for any man to deny the authority of parliament to direct , dispose , limit , or restrain the crown . 5. statutes of recognition have ever been reputed the onely riveting security to the crown ; and certainly these signifie more then a state complement , and although they pass in the same royal formality , with other laws , which concern the subject ; yet it must be confessed they receive strength by an authority in this respect abstracted from the king , as do the statutes providing monies the only support of the crown . 6. if we should ask mr. tomkins who in the defect of heirs hath jurisdiction over the crown , would he not dare for fear of treason to say the parliament , bishop bilson saith it in express tearms ; and that not onely for our own kingdom , but all others also . 7. before mr. crofton be condemned as a traytor for saying the parliament ever retained in themselves a jurisdiction over the crown , we hope the conclusion of our late martyred sovereign king charles the first ( who well knew the constitution of this kingdom , and the extent of royal prerogative ) will be denyed , for he affirmed the power legally placed in both houses is more then sufficient to prevent and restrain tyranny , which must needs import a large jurisdiction over the crown . 8. when we consider the courts of judicature , in westminster hall , do conclude judicially against his majesty , in many suits brought by him in right of the crown , against the subject ; and by the subject against him : we cannot imagine it treason to say the happy constitution of englands government is such that the courts of justice have a jurisdiction over the crown , much less to say the high court of parliament hath it . if an observation of fact , without any assertion of right ; if the sound of a sentence capable of a most loyal sence ; if a position proved by constant practise be treason , we must leave mr. tomkins on the bench , and mr. crofton at the bar to receive his doom , but cannot deny our assent unto the observation of the statute , 1. mariae , discharging the laws which made words treason : those laws are grievous which are so made , that not only the rude , ignorant and vnlearned , but also the learned and expert people minding honesty are often and many times trapped for words only , without other fact , or deed . we have with the most exact diligence we are capable of , enquired and observed the reports of men , that we might be satisfied what is the great matter which causeth this man to be kept in so severe a durance , and some tell us he was ever turbulent , and not quiet under any power : unto which we answer , we presume his turbulency , under our late usurpers ( being the act of his loyalty to his king , restlessely endeavouring his happy restauration ) is not now supposed his crime , or any agravation thereof ; the men who do now condemn him , did account it is duty , and honour when others were sinfully quiet , and we see not any difference between this in him , and jehoiadas endeavours against a●haliah , and for king joash , save the one enjoyed the comfort , peace and liberty of the effect , whereof the other was and is deprived : his turbulency hath ever had sin for its object , ministerial rebuke preaching or writing for its only act and expression ; which of the prophets or apostles were not ? what faithful minister of the gospel is not ? can or dare be otherwise then thus turbulant ? this is not only lawful , within his place and calling ; but the indespensable duty thereof : elijahs must thus trouble israel , and amos alarm the kings court , cost what it will or can : if he have ever appeared in , advised , or abetted , any seditious tumult , rebellions insurrection , or trayterous conspiracy , we leave him to himself : but tertullus himself is not able herein to charge him , and other acts of turbulency , will subject them to trouble from the lord , who do therefore trouble him , as a thing most righteous . some clamour against our friend as seditious , and treasonable because against episcopacy , and relying on that maxim , no bishop no king : conclude he cannot be a friend to the king , who is an enemy to the bishops , to which we answer . such as know him , and have read his writings , will find if is clamour is not true , for he professeth for episcopal degree which is much as our sober reformers ever challenged , or our learned vsher approved ; he is indeed against papal hierarchie , and that episcopacy which was the step and seemeth the support of the man of sin , but suppose the utmost , his opposition is purely argumentative , and is but ill resisted with rage and violence . no bishop no king may be a maxim of state , but we have not known it to be a principle in our law , we have not heard of any statute which hath so conjoyned the mitre to the crown , as that a dis-respect to that , must needs be reputed , and punished as a treason against this ; we hope we shall not offend if we say that is a sad government which pretendeth to divine right , and yet hath no uphold or guard but violence and oppression of reason , urged against it , and cannot silence a disputing antagonist , otherwise then by a close prison . we have heard a third cry , mr. crofton preached against the bishops , and provoked the opposition of them by fire and blood ; to this we answer , we heard the last sermons this math did preach , and can give the true account thereof , wherein we desire it may be noted , 1. he went not out of his way to fly in the faces of the bishops ; he had purposed a full exposition of the first epistle of peter in his lectures at antholins london , in pursuit whereof , he proceeded so far as to the last words of the second chapter ; and observed the lord jesus was the shepherd and bishop of our souls : in the explication of this position , he enquired how ? and by whom the lord jesus christ did execute this his pastorall charge , and episcopal office , in and towards his church ? and resolved and asserted , the lord doth execute this pastoral charge and episcopal office by his ministers , all , equally authorized , and without any such order or standing function of an episcopus episcoporum ; the which having demonstrated by considerable evidence , and answers to objections , he did press on his people , as a truth considerable to be understood , as relating to christs royalty , as king of his church , and closed with this observations in these express terms , there seemeth unto me an emphasis in those words , rev. 11.7 . relating to the two witnesses , when they shal have finished their testimony : these words seem to relate no less to the matter , then the time of these witnesses prophesie , ( viz. ) that they must bear witness to the last punctilio of christs pastoral charge , and episcopal office , before they were slain : we all know this shepherd and bishop of our souls , to work out our salvation by his threefold office of prophet , priest and king : and i cannot but observe each of those ( besides the general assault and opposition of the whole ) hath had a particular and special conflict in the world , and hath constrained an open and publique testimony , from christs church in the fire and with their blood : in the first age of christianity the great and special question was concerning christs prophetical office , whether the scriptures or the oracles of apollo , traditions of the jewes , and delusions of impostors and haeretiques should be received obeyed ? and we well know in what fiery tryals and with what fearful sufferings the sheep of christ did hear his voyce , decline strangers , and witnesse against them : this office was no sooner rescued from violence , and established in the world by the blood of the primitive martyrs ; but christs priestly office was by the working of the man of sin denied and darkened , the great controversie in the catholick church concerned the one mediator , and high priest , the one sacrifice once onely offered ; or others made coequal with him , if not preferred before him , and how long and bloudy conflicts were under-gone in the same the histories of our progenitors and smithfield flames do plainly shew : this office was scarcely rescued from violence before christs kingly office cometh on the stage , and calleth for the testimony of the saints that the government is on his shoulders administered by his own officers , and ordinances ; and this must be attested in the greatest tribulation ; saddest sufferings in fire and bloud that can befall us . in this whole discourse mr. crofton mentioned not fire and bloud , in any sence but passive , as doth the apostle , ye have not resisted unto bloud , heb. 11.4 . and disowned all actions unto fire and bloud , which at any time were or should be attempted on the pretence of christs kingly office , declaring his detestation of that mad , treasonable rebellion of fenner and his fellow real phanatiques , which had lately passed to the scandal of the true religion : these things our ears heard , and therefore do we testifie the same , yea and some of us wrote the same from his mouth ( in characters ) as they were by him spoken . had pagan or popish priests heard this doctrine , and cryed out treason or heresie , it had not been strange ; but the out-cry of christian , and protestant bishops doth make us admire , and stand amazed . these things considered , we humbly offer it to the consideration of just and prudent men sincerely affected to his majesties government , whether mr. crofton ( what ever hath been suggested or clamored against him ) hath done any thing worthy of death , or of bonds ? and whether his enlargement , and restitution will not much more conduce unto the honour of his majesties government , then the continuance of him in bonds , to the undoing of himself , wife , and seven small children , by the expence of his poor estate already wasted ; and the real prejudice of his health , and ruine of many souls which might be saved by his ministery ? the liberty of the subiect being fully secured by many ancient and later laws . finis . notes, typically marginal, from the original text notes for div a51017-e540 isaiah , 59.16 . 1649 : 1659. vid. prospring profaness , and his letter to a member of the rump-parliament . as doth mr. tomkins in his strictures . speech in parliament , 1621. the 19 of his reign . see the conclusion of his fetters . see his analepsis , p. 8.15 , 16. analepsis , analepthe . p. 105. berith anti-baal , page 52 , 53. analeps , analepthe . p. 98 99.103.142.144 . analeps . pa. 35. analeps . analep pag. 36 66 , 67 , 68 , 69 , 100 analeps . analepthe ▪ pag. 10 , 11. analeps . pag. 35. analepsis analep . p. 2. analeps . analepth . pag. 113. analeps . analepth . pag. 116. his answer to the 19. propositions . an abandoning of the scottish covenant by matthew the lord bishop of ely. wren, matthew, 1585-1667. 1662 approx. 79 kb of xml-encoded text transcribed from 30 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase 1, no. a67146) transcribed from: (early english books online ; image set 95660) images scanned from microfilm: (early english books, 1641-1700 ; 995:14) an abandoning of the scottish covenant by matthew the lord bishop of ely. wren, matthew, 1585-1667. [2], liv p. printed by d. maxwell for timothy garthwait ..., london : 1662. reproduction of original in huntington library. a plea against the act of uniformity. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng solemn league and covenant (1643) church and state -england -early works to 1800. 2004-10 tcp assigned for keying and markup 2004-10 aptara keyed and coded from proquest page images 2004-11 judith siefring sampled and proofread 2004-11 judith siefring text and markup reviewed and edited 2005-01 pfs batch review (qc) and xml conversion an abandoning of the scotish covenant by matthew the lord bishop of ely . london , printed by d. maxwell for timothy garthwait at the kings head in s. pauls church-yard , 1662. a brief theological treatise , touching that unlawful scotish covenant , which was in the late ungracious times ( with fraud enough , and force , ) obtruded upon the people of england . written first , upon sundry private occasions , in prison , by matthew the lord bishop of ely , after the manner of a sermon , upon these words , psalm 44. 18. nor behave our selves frowardly in thy covenant . but now thought fit to be published by him , for the present use of his diocese : the readilyer to prepare all therein , ( divines , and others , ) for that due abrenunciation of the said covenant , which they are ( out of hand ) to make , by vertue of the act for uniformity . ju●● . 5. 31. sic pereant inimici tui , domine ; qui autem diligunt te , sint sicut sol in ortu suo . psalm . 44. 18 nor behave our selves frowardly in thy covenant . the words are the last part of that verse : the whole verse is , and though all this be come upon us , yet do we not forget thee , nor behave our selves frowardly in thy covenant . of this therefore now we are to treat . but no ; that we may be more then sure , if more may be , pray let 's look on it once again . yet do we not forget thee , nor behave our selves frowardly in thy covenant ; so goes our old translation , that 's sure . but then , yet have we not forgotten thee , neither have we dealt falsly in thy covenant , our new translation goes so ; and here is some difference in words but howsoever these differing couples , have not and do not , deal and behave our selves , frowardly and fasly ; in effect they come both to one , and so all is the same : and t is no other , i assure you , in the latine and the greek , and the hebrew . so that by the grace of god we are cock sure of the text it self , every way . and t is well we are , that we have a sufficient warrant by that ; otherwise perhaps we might be to seek , how to bring both ends together ▪ what ? as the times long have gone , to be in a covenant , and yet not to behave our selves perversly ? to have any engagement upon us , and yet not to deal falsly ? out alas , 't must be the clean contrary , as frowardly then , as you will : be it never so perversly , nay , nothing but falsly : and all the better , because of the covenant . haec est lex adami ! is it not ? god knows , 't is not to be denied ; this hath been the manner of men lately , whatsoever is to come of it now . well , if it must be so , so be it : yet 't is but hard luck though , to be brought now to an after reckoning ! but who can help that ? the tother might have been helped , when time was . but spiritus spirat , ubi , & quando vult ; and seeing gods spirit hath set it down so , all we cannot balk it , i th' end . on we must go therefore , and hear , what the holy spirit saith . and the summe of it , if i apprehend it right , will consist of three particulars , one , is presupposed ; another , is now professed ; a third , is after aymed at . that in a covenant they were , that 's it they take for granted , and that 's the first . next , that in that covenant their demeanour ever was without coven or collusion ; neither falshood , nor perverseness in the carriage of it ; of thus much they now make a solemn profession ; and that 's the second . lastly , that god in his good time will rescue and deliver them , that 's to be inferred here , and 't is exprest in the close of the psalm ; and that 's the third . now in the foremost of these will come to be considered the persons ; first , who they are that pretend to this covenant , nos , we. and then with whom this covenant is , in tuo , in thy covenant . and that 's as much as we shall need . for the knowing of these two will make the covenant it self known . so we shall not be to seek in that neither . the next part will be the harder of the two ; but yet in that we shall have two chief points to guid us . the first , matter of law , what it is to be perverse , to be false and froward in such a case : and therein , no less then the law it self , yea no other then the lawgiver , god himself , will be for our rule . so we need not fear the frauds of a bold pleader , to make a nose of wax of it : nor the flaunts of a rude hackster , to hew out his own pleasure in it . no : annuntiabunt caeli justitiam ejus ; quoniam deus judex ipse , psal. 50. 6. there 's our security , that ipse , t is god himself must be the judg in it . the tother point will be the matter of fact ; whither guilty they , or not guilty of such perversness . and the tryal therein we all know how it lies : by god and the country . an excellent way surely ! though not for some mens turns . tryal by the country , in this ? how ? upon that evidence , that all the vicenage will bring in , nay , that all the world can give of it . i warrant you , the covenant of god shall be no preface to the first psalm , shall not be at the pleasure of a councel of the ungodly , ( they have learn'd now to call it a councel of war , ) nor of the common way of sinners , ( in a paltry pack't committee : ) nor of the seat of the scornfull ( their high court of injustice : ) else , you might be sure , what would become of it : any of their own fellows should ne're be a thief , but who they would , should be a grand malignant , and hurried away to the block : and where these rule the rost , it is necessary indeed it should be so , 't would not be perverse enough , else : but you see , it will be otherwise . the second part of the tryal is , by god ; and that , at both his own barrs : for the present , first , at that of the conscience , that 's here , the common pleas ; in which 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , heb. 4. 13. all is barefaced , yea chined down the back , an you will ; that is , so layed open , so displayed , that sure we are , there can be no jugling there . and there shall be another hereafter , the great assizes , at the kings high bench , christ's own tribunal : at which all shall appear ; all persons : 2 cor. 5. 10. and all things , for all books and records shall be opened : apoc. 10. 12. and what can be more ? but that 's to come . in the mean while , the hope and assurance is , that god will at last rouze up himself . [ up lord , why sleepest thou ? ver . 23. ] ( their foes indeed made no other account , but that they had lulled him fast enough : ) and , that remembring well , what they yet suffer , why forgettest thou our misery ? ver . 24. he will set up his mercy again , and help and deliver them , ver . 26. and that 's in brief the aim of all this profession and supplication . so you have now the contents of the text. and now of these , that i may be able to speak and you to hear , to the discharge of our duties , and to the instruction of our souls , and all to the glory of almighty god , i am to beseech and require you all , to joyn with me in humble prayer to him , to the glorious and blessed trinity , god the father , son , and holy ghost , for the assistance of the holy spirit unto us , and for the gift of all divine graces upon us . and that not upon us alone , but upon his holy catholick church , &c. we have not behaved our selves frowardly in thy covenant . the persons are now the first branch of our discourse , we and thee , say they , we have not , and not in thy covenant . in the name of god then , who are these ? who are they that speak this ? and who is he to whom they speak it . we. for the speakers , whosoever they prove to be , this you shall find of them , they are the same all the psalm through . they very first word is , we have heard , vers . 1. and so it goes on , we overthrow our enemies , vers . 6. and , thou savest us , vers . 8. and , we make our boast , vers 9. and there ends the first part of the psalm : and that 's all eucharistical , an oblation of thanks and praise , for all blessings , old and new. then begins the second part of the psalm ; and that 's a solemn lamentation , humbling themselves lowly under the rod. and still it holds on in the same persons , thou makest us to be a by-word , ver . 15. and , yet we do not forget thee , ver . 18. and , thou hast covered us with the shaow of death , ver . 20. and , we are counted as sheep to be slain , ver . 22. and there comes in the last part of the psalm , a holy letany or supplication , that all of them make for favour and mercy , be not absent from us for ever , ver . 23. and why forgettest thou our misery ? ver . 24. and our soul is brought low , ver . 25. and arise and help us , ver . 26. but all the way you see , singing their praises , or making their submission , or sending up their petitions , still it is , we , and us , and our , they are all the same still . very well then . but yet , how shall we find it , who they are ? surely the psalm it self , though they be no where named there , yet has enough in it , unless i be deceived , to tell us the name of them : for will you be pleased but to mark it , that howe're the persons be still the same , yet now and then the number is changed for a touch or two , and then they fall in again , as before : t is , thou art my king o god , ver . 5. not our king , but my king , as if it were of one in the singular . and t is , i will not trust in my bow , it is not my sword that shall save me , ver . 7. these are in the thanksgiving part . and so 't is again in the humiliation part ; we , and we , and our , and us a great while , and then on a sudden , my confusion is daily before me , and the shame of my face hath covered me , ver . 16. perceive you nothing then ? oh , t is plain by this , that the church of god is the speaker in all this psalm , and so it comes to be we and i ; first we in the name of all particular persons , as so many saints and servants of god , and yet i , in the name of the whole corporation , the holy church : as one and all ; one catholick body , by the band of the holy spirit comprehending them all . and wondrous wisely dealt they in it . they knew , they should be the welcomer to god for this : in such a multitude , and yet in such an unity , ecce quam bonum ! psal. 133. to be sure god would never fail them : no , says david , for there the lord had promised his blessing , ver 4. but what talk we of promise ? though that be enough for us , yet god counts it too little for him ; the word therefore indeed is , ibi praecepit dominus ; god hath commanded his blessings , all the blessings of life and goodness , to attend i th' end upon such sacred assemblies . this for the speakers . thy covenant . there 's no stop at all then to be made neither about the t'other person , in pacto tuo , who it is , that is spoken to ; for the whole address ( we see ) is unto god ; he is named at the very first ; we have heard with our ears o god , ver . 1. and afterward he is spoken to , as god , ver 5. and , as our god , ver . 21. and , as lord , ver . 23. and had he not been named at all , yet it could be no other . for , to whom the church makes her prayers ; to whom she sends up praises ; to whom she ascribes the guidance of the world ; under whose hand she humbles her self ; upon whose mercy she relies for help and deliverance ; it can be none but god , god all in all . so now 't is the church of god that sayes this ; and 't is god to whom she saith it ; and t is the covenant of god of which she saith it , neither have we behaved our selves frowardly in thy covenant . if there be any thing then to be stood upon here , it must be but to find , which of gods covenants they mean : for god , we shall find , had more covenants then one ; in several respects , several covenants . pactum providentiae . in respect of his providence and the government of the whole world : this very natural course of day and night , god himself calls it his covenant of the day , and his covenant of the night , jerem. 33. 20 we may remember also he calls it his covenant , the saving of noah in the ark , gen. 6. 18. and that the earth should never be destroyed with a floud any more , gen. 9. 9. from these generals , come we down to these in the text , to the seed of abraham ; and very that , we shall find , is the covenant of god : first , that abraham should have such a seed ; five several times god terms it his covenant , gen. 17. 2 , 4. his everlasting covenant , ver . 7. 19 , 21. secondly , that this seed should inherit the land of canaan , that 's his covenant too , gen. 15. 18. and not to stay there , these are the covenants which he renewed with isaac , lev. 26. 45. and appointed the same to jacob for a law , and to israel for an everlasting covenant , psal. 105. 10. but now , if we weigh it well , none of all these could be the covenant of our text ; for they were not liable to the lies and distortions of perverse men : 't was not in them , in no mans power , to run counter therein , were they never so froward ; no body could set themselves against those covenants . leaving therefore his covenants of this sort , which concerned god's power alone , and his free conveyance of secular blessings upon men ; we must look at that sort of these covenants , that concerned god's worship also , and so had a respect to the duties , which god required his church should perform to him. it was possible indeed for men to be men , and to be perverse enough in these ; of these therefore they must be understood to speak , when they profess on this fashion , that they have not dealt perversly in his covenant . now i might easily here enlarge again about the particulars that were of this kind . for covenants he had bound them to , before moses received his law ; to the covenant of circumcision , gen. 17. 10. and the not observing of it was the breach of gods covenant , ver . 14. the sabbath also they had before they came at horeb , exod. 16. 29. and it alone by it self was a perpetual covenant to the children of israel , exod. 31. 16. pactum religionis . but then at sinai , when the law came , that took in all , sabbath , and circumcision , and all other duties ; and by this means that , above all , ( especially as comprehending the ten commandments , which by themselves have the title of his covenant , exod. 34. 28. ) carried away the name of the covenant of god. therefore the book of it was called the book of the covenant , exod. 24. 7. and the very bloud that moses sprinkled the book with , call'd the blood of the covenant , ver . 8. and their walking contrary to it was made the quarrel of avenging gods covenant , lev. 26. 25. what shall we need more ? i should but trouble your memories , and tire you out , if i should draw you here to the several parcels of moses law ? to shew you , that the shewbread it self bare that stile of an everlasting covenant , lev 24. 8. and the very salt of their sacrifices termed the salt of the covenant of their god , lev. 2. 13. so was the priests portion , a covenant of salt for ever before the lord , numb . 18. 19. beside the additional granted to phineas and those after him , as a perpetual covenant , numb . 25. 12. but all this may be spared ; the point we are in yet ( you know ) is but , what they took here for granted : and having proved , that it is the church of god , that sayes this , of necessity it must be granted , that they had the right worship of god among them , ( other church there was none then in the world , and nothing could make it a right church but that ; ) they had both the rule , and the exercise of the service of god , as he by his law had covenanted it with them . their protestation and in that , they had no way carried themselves perversely , that 's now the next part ; and t is the main drift of all the text aymes at , the protestation , that gods church here makes . of which this would be noted at first , they make it not to men ; men by men may be fouly deceived , but to god himself t is made , non in tuo , t is to the knower of all hearts , and to the judg of all men . as much as to say , thou o god knowest that we lye not , there hath been no falshood , no frowardness in us ; we have been true in , and to thy covenant . so , to that we come now ; yet alwayes remembring , that the sermon now is to us , and not to god : not to tell him , what he knows so well ; but to tell you from him , what he hath taught us of this matter . that so , if you find them that say it , true , by their line you may level your selves : if wrong , yet you may see by them , where and how to mend it . for us then , the prime enquiry will be , for the matter of law ; that we be not fooled with fancies in our religion , nor led by the nose with every false semblance ; but that out of the laws of god we may be truly informed , what it is to be true or false in gods covenant . matter of law. i pray therefore mark it , in gods covenant , i say onely , i do not say in any covenant : no-tis out of our quest that ; for , such as the covenant may be , the forwarder in it , the worse , and the frowarder , the better , the further from mischief . i know they have used a great while to tell you of a solemn league and covenant , as though the name of that should carry it . alas , poor souls ! the solemner the league is , the covenant's the more damnable , unless it be a right , and a lawfull covenant . 't is not the name therefore that warrants any thing ; nothing more usual then wrong names and false titles ; but they must be sure the thing it self be without exception , if they look to have the name of it without question . otherwise , do not we know , that there were covenants with devils , such as went for the gods of the heathen ! exod. 23. 32. and the prophet tells us of a covenant with death and hell. esa. 28. 15. and such covenants as these , the frowarder in them , & the further off them , happier man be his dole , ever . as 't is in some diseases , the less yielding , the better sign , and the more peevish , the more hope of life : so to fly off from such covenants with all the speed we may , is to fly from destruction ; and the sooner they are broken and quite abandoned , the sooner is our return back into gods covenant , and the safer we by so much ; the shorter our sin , and the surer our salvation . now the word that the holy spirit here hath chosen , comes of shakar , and the hebrews by that signifie all manner of lying and prevarication . our search therefore here must be , whether men in the covenant of god , that is , in their religion , or in any part of it , carry themselves thwart and contrary to it , as far as they can make a lye their refuge , or can shelter their foul carriage under any false pretence in it . let it offend no body this language , for t is not mine , but the prophets own description , in terminis , esay . 28. 15. and he has another question about it also , that would be a little thought on , is there not a lie in my right hand ? says he , esay 44. 20. a lie there ? what means he by that ? why , because it was a jewish ceremony in their covenants and oathes , to lift up the right hand , by that he expresses his mind ; and these false dealers in their religion , he saith , they had so beguiled themselves , that 't was not possible for them to free their souls . now god forbid : why not ? because they never would think with themselves , is there not a lie in my right hand ? a lie then to be sure there may be there , that 's once ; satanas ad dextram , as davids curse goes , satan at a mans right hand , psal 109. 5. the devil standing there , not onely to resist the man , ( as he stood by the high priest , till the angel took his room , zech. 3. 1. ) but to entice him , and win him to himself : and wo is me , for such poor men , so willingly bewitcht by him , as that they could ever think they did best , when that they did was but to make good a lie for him , and by making so foul a lie in their religion , to snake hands with the devil ! but i am onely now to lay the law to them : the church of the jews , that appeals here to god against perverseness in his covenant , does it for that , for a legal justification of her self from all lying , ( we must use that word which the spirit hath used ) that is , from hypocrisie and dissembling , and any false carriage in the practise of their religion . now the by-ways of that , they are many ; as many almost as men ; for several men have several devices , to cloak their maliciousness , ever , and to put a vizard of godliness upon all that they do : but we must now hold to the text onely , and not lose our selves on the by. the high road-ways , or ( as i may say ) the common church-ways , such as a whole church are likely to take for perverseness in their covenant with god , that is in their religion , are principally two : either disclaiming the old , and pretending to another : or , still pretending to the old , and yet practising another . apostacy . 't was come to that pass in the ten tribes , when after the calves had been up a while , elias for evidence of their open apostacy , charges them with these two particulars , that they had thrown down gods altars , and had destroyed his prophets : and by these he makes his proof ( 't was the law , that he laid against them , ) that they had quite forsaken the covenant of god , 1 reg. 19 14. he thought indeed , that they had destroyed not the prophets alone , but the true professors also , all but himself : till , god told him , no ; he had yet seven thousand among them , that continued stedfast in his covenant , do they what they could . but the generalty indeed was gone , carried away quite with their new devices , their new feasts , that moses ne're knew of , and their new priests , no sons of aaron , and had all covenanted like men , with the calves in bethel and dan , 1 reg. 12. 29. after this , we meet with a dismal curse also laid upon judah , esay 24. 6. and why ? because they also had broken the covenant . what covenant ? the everlasting covenant he calls it , yet meaning that of their religion , which god expected they never should have started from . but how was that ? by transgressing the laws , says he , and changing the ordinances . the ordinances indeed they had a long while preserved ; this therefore was downright now , shakar to some purpose , they of themselves to change all . but then among them of judah also , those few that were no such changelings , what became of them ? oh! he became a saviour to them ! for he bears them that witness , they were children yet that would not lie , lo ieshakar , esay . 63. 8. that is , how ere they sinned else , very grievously , yet they would not fail in the main of all , not forgoe the covenant of god ; god therefore is pleased to put his requital in the same phrase ; because he had promised it at first to david , lo ashaker , therefore , sayes he i will be true to them and never fail them , psal. 89 33. how ere i shall punish them for their sins , yet never will i break my covenant , nor change the thing that 's gone out of my lips , ver . 34. but 't is so plain a case this , that we need no more in it . hypocrisie . the tother is far the worse , as having the more danger in it ; when they carry the lye o'th at fashion ; pretend nothing but zeal for the right covenant of god , and yet practise nought but villany against it ! and that this is it he principally aymes at , the psalmist indeed shews , because withall he moves that question , if they do so , shall not god search it out ? ver . 21. yes , to be sure , he will : carry they it never so craftily , do what they can , all the great masters of this holy lie , put what colours they list upon their covenants , all 's in vain ! for yet , ther 's light enough in gods word to discover their hypocrisie , and law enough there also , unless god give them repentance , to cast them all down into the pit of hell for it . what a notable precedent for this have ye in the prophet jeremy ? god foresaw these cunning tricks in the men of judah , and to be sure to meet with them i'th'end , he begins with them in it ; he calls to the prophet to proclaim to them dibre haberith , the words of the covenant , jer. 11. 2. and to lay his curse upon them that keep it not , ver . 3. that done , he makes him proclaim it over again , ver . 6. and shew them how he had plagued their fathers for not keeping it , ver . 8. how then ? little dream't they , that god did all this , to discover their craft : therefore they presently ( very holy men ! ) put on a good face , and combine most religiously together , and now all as one man , they are for the covenant , yea mary are they ; so that the prophet himself ( a man rightly meaning ) thought , all would have been well . but then he presently tells us , god call'd again unto him , and told him , they deceived him , what ere they pretended , this of theirs was none of his covenant , 't was all but kesher , this , vers . 9. a strong conspiracy between the two houses . they had indeed now subtilly made a solemn league between those two kingdomes ; but the rebellion was the greater for that , because it carried away the poor people of god with that pretence ; and thereby his covenant , the right and true covenant of god , was the more foully broken by them , vers . 10. so that he flatly commands the prophet , ( and that not once , but twice ) not so much as once to pray for them , vers . 14. and how think you of this now ? but this is onely to shew , how such cases stand in law ; that 's our point ; and here god himself was the judge in it , the prophet makes but the report of it : but it comes home so close to us , that i doubt , all the cunning 'twixt orkney and silley will be able to make no other issue in it . for if they think to tell us , there indeed it could be other then so , not but a shameful lie , and a very damnable case , because all their conspiring then was in truth , to promote the worship of baal vers . 17. but how can that be the case now among us ? alas , how easily is this put by ? for , in competition with the covenant of god , every thing that is not it , is baal ; let them call it the covenant , as much as they will , an ingagement , or what they will nick-name it ; yet 't is an idol ; and all the worship they give it , is flat idolatry ; no better then the worshipping of baal : for why ? is it not set up against god ? does it not shoulder his covenant ? sits cheek by joll with it ? yea , 't is the thing , that 's alone and principally intended by them : so they make a very baal of it . let me tell them therefore , there are in the world more baal , then one ; an 't were but a wisp , yet when they joyn it with that which belongs unto god , and couple it with his covenant , their god they make it , 't is a baal to them . it is not for nothing therefore , that the scripture so often makes that word plural ; we are told of leaving god , and serving baalim , judg 2. 11. that is , any thing else ( that 's in divine esteem with men ) but god ; any thing by them set up with god , to them , that 's their baal , a privy idol in their budget : so , that d'off will no way help them . of all the rest not in this matter of covenanting ; for howsoever they have gone to work too now , to make a wretched people willing to be cheated by them ; let me give them this gift , the first idolatry , that the people of god ever committed with any baal , was in reference to a covenant . and how say you then ? does this suit right ? take another . the first covenant that ever gods people made ( of their own heads , without gods deputy to lead them , ) was a covenant with baal . and now i hope they will thank me , for i am come close home to them . but i will not fail to make it good ; for the word of god is express in it : when gideon was dead , they went a whoring after baalim , and made baal berith their god judg. 8. 33. baal berith a god ? now a' gods name , what 's that ? why in plain english , 't is the idol of a covenant ; so berith signifies . so that for all brave covenanters here you see , baal is their chief , the very first that e're twang'd that way , to be entertain'd by the people , and to covenant with them . and yet for the while then , who but he ? lord ! such a racket ! in all hast there must be an house made for him ( a temple forsooth , for a god ) by the wise lords of sichem , judg. 9. 4. and there he must have his exchequer , to receive what came in upon the publick faith : and then presently upon that score , brave and jolly men , they make themselves , no less then king-makers , and out of their treasury , they assign him an allowance of seventy pieces of silver for the states service . what to do ? a holy work , you may be sure : to hire vagring villains , to go and murther seventy of his fathers sons , that he onely may be their king , ver . 5. and for a few years this held on bravely ; till at last , god in vengeance upon them all , sent an evil spirit between him and his makers , his great masters : and what was the issue ? first , he destroyed them and their city , ver . 45. and at once burnt the house of their god berith , as great a god as he was , he and his covenant went to the fire , ( who but their new general against it more then any ? ) and a thousand of the chief covenanters roasted together with it , vers . 49. and within a while after , this king of theirs had his own brains beaten out , vers . 53. and yet as short a time as he had , to make it more remarkable , he murthered himself also , by making his own man to be his murtherer , vers . 54 this is the account , which the spirit of god gives you of that solemn league and covenant , the first of the kind ! the result whereof is this , that in point of law the word it self works just nothing : to talk therefore now of a covenant , and to look , that alone should do it , alas , 't is but a poor piece of sophistry ; none but s. pauls galatians will be bewitch't by the bare name of it ; for sacred it may be , and it may be abominable . do you not see , how the holy spirit used it , even when the name of god is joyned to it ? mentioning the covenant of god , he meant the true god ; but yet naming it so , the god of their covenant , he meant a filthy idol . will you any more ? is not , i pray , the same term of covenanting given in scripture to the vilest of all gods enemies ? the edomites and ismaelites , the moabites and hagarens ; gebal , and ammon , and amalek , the philistins , with them that dwell at tyre ; assur also is joyned unto them . a desperate crew ! rake all the world , and not find a worse ! and now what of them ? as we read it , it is , they have cast their heads together and are confederate against thee . psal. 83. 5. confederate ! a word very unadvisedly ( by their good leaves ) here used ; else , why was it then at the reformation , turn'd out of latin ? confederate is meerly latine . but this very berith is the word in the psalm , they have all entered into a covenant against thee . you see therefore , what a goodly race of covenanters then there was , and of what date they originally be . and this above all , baal berithans they were all , the servants of baalim , of idols and devils ; all in a solemn covenant against the true god : and therefore the spirit of god would not omit , there to set down their proper motto also , the sum of their resolution what it was , let us take to our selves the houses of god in possession , vers . 12 ▪ well then , the law proving to be this , that covenant there is none justifiable and good , with no person , no people , no nations , that is ever warrantable , unless we can truly tell god the covenant is his , that it is pactum tuum , such as is in a fair order to him , for the true drift of it , and for the chief right in it , and such , as he will surely own it , therefore , to put upon him that , that 's none of his ; or under pretence of his better worship , and purer service , to combine for ought , that 's quite contrary to his will , but onely , because they say it is his , they will force it upon others , so to be taken , and so to be done , that this is sheker in every degree of it , very froward , lying , and false dealing with god , a perverse and wicked course in all of them , opposite ( less or more ) to the true covenant of god , and that the vengeance of god will at last seize on all , that have any hand in it , the tryal will now be no long labour ; to find , for matter of fact , whether their plea here in the psalm be true or no : whither they for any froward carriage toward the covenant of their god , will be found to stand not guilty . but it will be a longer business though , then we can hope to end it , before the usual limitation of our hour be ended . for be the evidence , that will be brought , never so clear , yet they must have time to hear it all , and liberty to except , what they can against it ; they must also be heard at large , what they have to say for themselves : god forbid else . for any man to be accused , and he cannot tell by whom ; to be impeached , and he knows not of what ; condemned , and he never heard why , nor ever was heard , what he could say ; if there be any law to warrant such proceedings , it must be fetcht out of scythia ; if any religion can suit with it , 't is onely that of the sichemites god , ycleped baal berith , the lord of the new covenant . by your good leaves therefore , we will not huddle it , nor shall our defendants in the text be pinch't at all in time ; here therefore wee 'l now adjourn , till god give the next leisure . the second part . nor behaved our selves frowardly in thy covenant . here 's one thing supposed in this text ; that covenanters these men were , comprized in a covenant with him whom they treat with . and within the verge of that , there are three particulars . first , that 't is the church of the jews that are the persons now treating . secondly , that god himself is the person to whom they make this address : and lastly , that the business is to clear themselves , as to his covenant , from frowardness , perverseness , and lying in all their deportment . and all this , by the blessing of god , hath been formerly unfolded by us . we then fell upon a distinction also , as touching gods covenant . that here is not meant the providential parts thereof ; at first , provided for adam , in gods blessings of nature , by the revolution of the day and the night ; nor the second , vouchsafed to noah , for the worlds security against any new deluge ; nor yet a third , by his blessings upon abraham , to give him an holy feed , and so continued to isaac and jacob , to settle that seed in the land of promise . none of these proved to be gods covenant here in the text. but 't is the conditional part of it that they now aim at ; at the rule , that god of old had prescribed to them , for the worshipping of him as god , and at those duties , that they were by his covenant bound to , for the observing of his holy law : the general heads whereof we found to be these two , their religion , and their allegiance . so there came in their protestation ( and that 's made to god himself , ) of their integrity , that they were all true men to this covenant , ever had been , and still were forward and ready and upright in their duties , free from all untowardness and frowardness , from all perverseness , lying , and dissembling , in the whole managery of it . so , that then led us necessarily to go and argue the point a while ; and first , for matter of law , to define , what it is to be false in gods covenant . and by that we found , that the bare name of a covenant works nothing , but that the solemner a league is , the more damnable the covenant may be , and so may oblige men the straightlier to a speedy breaking of it , and to an utter abandoning of it . the matter therefore of the covenant was onely to be looked to , to see , vvhither they did not , either disclaim the old one , ( the true one ) and pretend to another ; or if not so palpably cross , yet ( which has more danger in it ; ) vvhither pretending still to the old , they did not practise another . for if so , if either of these , then by the law , that proved an abominable lie , no less then the setting up of an idol , 't was the worshipping of baal more then god. and this was at large exemplified by their baal berith , the god ( forsooth ) of their covenant ; that proved to be the first idolatry that ever gods people committed with any baal ; and so , the first covenant that the people took upon them to bring in , was a covenant with baal , which the more they termed it gods covenant , the fouler was the lie , and the fiercer it 'h end was the vengeance of god upon it . and thus far now , we went before . but then being come to the next point , the matter of fact , to examine their plea of not guilty , and finding that , a larger business by far , then the time would then admit , there we adjourned . therefore now by gods providence being brought upon it again , there we are now to set in anew , and so to proceed in it , as god shall enable us . joyn you therefore with me , i beseech you , in humble prayer to him for his blessed assistance , &c. nor behave our selves frowardly , &c. we are now to suppose the court set again , that of our conscience , first ; and now let 's but see , how the evidence comes trowling in . first , false rumours raised ; scandals divulged ; jealousies fomented ; gods anointed in his footsteps standered . then , routs approved of ; arms taken up ; vvars levied ; gods vvord rejected ; gods sword resisted . after that , mens properties invaded ; their persons destroyed ; the lords vineyard rooted up ; all rights baffled ; laws supprest ; the ordinances all changed . to go no higher yet then this ; though this be far the least part of the publick outrages rushing in with a covenant . then for a personal charge upon men. such a one ( not to name him now ; though who knows not many thousand such ones ? ) that he might share in the booty , and patch up a mean fortune in a few moneths : another , that he might save his own stake , and be out of the lash of the common scourge : a third , that he might curry but favour enough , to get a little release of the curses upon him , to comply with the times , and run along as the stream goes , [ as our psalmist elsewhere has it , with the froward to learn frowardness , psal. 18. but their guides from rome , i understand , could play the good fellows , and make a case of conscience of it , and termed it , submitting to the present authority , under whose protection they lived ; ] all this , and more , abundantly proved , and yet now in a tryal of frowardness , will it be possible for such covenant-mongers not to be found guilty ? but for a defence in their covenant , we must not but hear , what plea they would use . for they alledge , that they had good law for that they did : have they not clear precedents from gods people of old , as so many ruled cases , practised by them , and never reproved by god ? well then , christians therefore now are to do the like , for the due preserving of their religion . and somewhat of this they say , hath truth enough in it ; there are store of examples from time to time in scripture , of the covenant of god renewed among his people . but then i must tell them , such examples they are all , every one of them , as if the proceedings of our times be applied to them , there shall need no other judgment . 't will prove as vast a difference , and as vile , set them once together , as is the picture of a dog to the image of a man ; can they not relish this ? then , as is the shape of a foul fiend to the pourtraiture of a blessed angel. 1. nothing added to gods covenant . this for first , that from the first to the last , there 's nothing covenanted for in scripture , but what was ordain'd for them from the beginning ; from the beginning of their law , which god gave them in horeb , that was for his worship , and all relating thereunto ; and from the beginning of their kingdom , unto which god had after brought them , that was for the whole civil government ; but 't was one and the same covenant still ; none but the first , no new tricks , foisted in at pleasure with the very ordinance of god , upon any specious pretences whatsoever . onely there 's one story indeed ; if they mean that for their pattern , worth our looking at it . it was of the new samaritans , that were placed in the room of the captivated israelites ; the lyons had taught them to be very godly , and so they got them a priest , and of him they learned , how they should fear the lord , 2 reg. 17. 18. this was very well , was it not ? arrant assirians of a sudden to become so very holy ? and how then ? so they feared the lord , sayes that text , ver . 32. that is , they used the right worship of the true god. but how though did they it ? here comes in the point . not without tricks enough of their own , with it , first , they themselves became priest-makers : and next , 't was no matter who , the meanest among them would serve , and was set up to do the sacrifice . well : yet once again the text there strikes upon the former string , and tells ▪ us , that they worshipped the lord , ver . 33. did they so ? and what would we more ? nothing : did it not tells us withal , that there was more ; for they served their own gods too . oh , is that it ? t is plain therefore the holy ghost hath set it down this , but by way of an irony , as an holy scoffe upon them , excellent worshippers of god these , that worship him , how they list , and whom they list with him ! so for a conclusion in the verse following , the holy spirit deals plain and down right with them . they feared not the lord , ver . 34. but is not this strange ? twice afore they feared the lord , and now flatly , they feared not the lord. how must this be unriddled ? t is done to our hands ; the reason follows there . because they did it not , according to the statutes , and ordinances , and law , that god had commanded at first , but besides the right covenant , ver . 38 , they had thrust in what pleased them , into the new model of their religion . and you see how well god likes of that . and that 's the first exception here , a covenant for the religion loudly cried up , but yet sufficiently powdered with additionals , of hypocrisie , perjury , violence , treason , rebellion ; and yet still must go for the covenant of god. find they any such medlies in scripture , but of their good brethren , the samaritans ? the sway of this point therefore still lies in tuo . for tuum it cannot , it will not be , none of gods covenant , lift they their hands ne're so high , unless the contents of it be taken out of his will alone , he the onely author and dictator of it , and no compeers with him ( north , or south ) in it to mingle their good pleasures with it . the greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 also implies as much . other words there are that do indifferently signifie agreements , and compacts , leagues also , and conspiracies . but berith is never construed by these . to tell us , that gods covenant with us , must still be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . the new testament , and the old testament bear no other name but that . and therefore it is not tuum , unless it may stand for testamentum also . 't is none of that which is rightly called gods covenant , psal. 105. 9. unless it may be added , that 't is his law , and his everlasting testament , vers . 10 that is , his own known will and testament , devised and established by himself alone , and no sprinklings in it , cogg'd by others and foisted in for his ; much less ever borrowed you wot where , and then obtruded , and forced upon him , that it shall be his , whether he will or no. 2. no covenant without gods deputy . yet there 's a second exception , worse then the first : because , but by means of the second , the first could never be . and the ground of that is this . in s. scripture , there 's not one of those covenants to which they pretend , but was of gods onely making and moving . as he had begun it in horeb , there by himself first , with his own voice from heaven , he gave them the ten commandements ; and then for all the other parts of his covenant , and of the religion , to which he bound them , he sent it all to them by his deputy , moses ; 't was he , gods vicegerent , ( and in place of king to them , deut. 33. 5. ) that ordered all their covenanting with god : and so it held on in all ●ges , no covenant then ever heard of , but what the king , who stood above them all , as in gods place , or who by reason of his absence or age , was appointed by the law of god to stand in the kings place , prescribed it unto them , or imposed it upon them . howe're the people then had a part in the covenant , because it was for them , and with them , yet it was but the obeying part , meaning the duty required of them , as one told them , vobis obsequii gloria relicta est , that was all that the people had to do with it ; upon them it was laid to see it performed ; but as for the legislative part , the authority in calling them to a covenant , and in designing , what the tenor of that covenant ( this , or that part of the law ) then should be , mandata mea mihi , was gods rule ever , all the thousands of israel had nothing to do in that part , nor were ever to meddle with it : it was holy to the lord that , and wholly appertained to the supreme under him. to hear therefore now of a covenant for religion without gods deputy to lead it ; how much more , to have it hammer'd of purpose , not onely against his leading or medling in it , but also by a hellish device ( yet because of their use , allowed to be holy , and very divine ) to frame such a blessed distinction in it , as safely thereby to commit an horrible rape in the presence of god , and by force to snatch from him his royal authority , and to arm his subjects with it against his person , and so , they to lead him to what they list , and ( at last ) to the very block , ) and yet must this be countenanced out of gods word ? and must it go for his covenant , that is so flatly against him ? gods covenant point blank against gods anointed ? blessed lord ! what logick call they this ? i must deal plainly . it can grow no where , but where this covenant it self grew ; there indeed it has ever been found , what reason soe're , and proof to the contrary , yet all the reason , when they are at a pinch , that they regard to go by , is , it is so , because it is so . and therefore they must , and will have it so , if a bible in hand , with powder , and shot will do it . but you shall not trust me alone in this point . use your own eyes , i beseech you , while i shall bestow so much time upon them , as to point a finger to all their examples . the first , i can meet with , was in moab , more then 40. years after that in horeb , when all the first breed was dead , deut. 31. 9. and then moses in stead of god ( there you have the doer of it ) he manages the business , and engages the children , as at first he had done their fathers , to the observing the law of their god. there you have the matter of it . 2. in sechem , the same was done again , much after such a distance of time , but the difference else , in the main , none . for the same law it was , and 't was joshua now that did it . josh. 24. 25. 3. after that , i do not light upon another , but what i acquainted you with , of baal berith , till the covenant made in hebron , and that seems to have been onely about the temporal government ; 't was in effect , but an oath of allegiance , taken in the presence of god , and david the king himself he takes it of them , 2 sam. 5 ▪ 4. the next was at jerusalem , and it was onely about the religion ; at which they were all to swear solemnly , to seek the lord , that was , to worship him onely , upon pain of death , as the law of old was : but asa the king he renewed it now , and put it upon them , 2 par. 15. 9. 5 another after it there was at jerusalem , and it was of both , both for the religion , for the ancient worship of god , ( for baals religion had been interloping ) and for their obedience to their true king joash ; he was but a child indeed , not seven years old , and athaliah had usurped the throne ; but yet all was now in his name , and his right , and done all by jehoiada his uncle , who was the high-priest , and the kings high protector , 2 reg. 11. 17. 6 , hezekiah's covenant followed next . and to that the king first assembles all the priests and the levites , and gives them in charge to sanctifie themselves , and to purge the temple , ( for much pollution there had been ) and to set all things right there , for the right service of god. and the reason he gives them is , for it is in my heart to make the covenant for the lord , 2 par. 29. 10. and to that purpose he calls the whole kingdome together . 2 par. 30. 1. 7. shall we need any more ? there 's one example yet , in a time none of the orderlyest , when jerusalem was beset with the army of babilon , jer. 34. 7. and what was that ? a covenant , as the present occasion then gave them , of renewing one point of their law long disused , and zedekiah the king was he that did it ver . 8. 8. and one more yet : for after the return from captivity , there 's an oath made by all israel , for performance of another particular , then most necessary : and who was the authour of that ? the people , if ever , now surely . no ; 't was ezra the priest , but as a commissioner , come into the land , with authority from artaxerxes the great king , and so he takes it in hand , when shecaniah , a prince of the blood royal , ( but , in no commission ) by moving him earnestly to it , acknowledges , that it was not lawfull for any of them , for all of them , to set upon it without him : [ arise , saith he , because this matter belongs to thee , and we are to be ordered by thee ; but be thou couragious and do it . ] ezra . 10. 3. & 4. 9. and that i may not seem to balk any , take one more yet , that has not the word of a covenant in it , but in truth it amounts to no less , an oath with a curse upon them all , if they do not the law , that god had prescribed them , nehem. 10. 29. wherein he as the tirshatha ( the supream governour in commission ) is the leader of all . ver . 1. and now , i think , i have left out none : let this covenanting generation come now , and bring out their baal berith , that idol covenant ; and say , which of these is the copy they pretend to go by , for an example in s. scripture . will they be able to shew you , they have put nothing in their covenant , but what was there of old , to be readily found in the word and will of god ? or rather , clean contrary , very much of it , such as god abhorrs , so flat against godliness , loyalty , justice , and truth ? was god also at the making of it ? which of them sate at the tables head for him : who was gods deputy in it ? what was his name , that had power to call them to it , and to require it of them ? well! let them look to their copy a little better ; for covenant of god it will never be , whose soever it proves to be , unless these two conditions , the plain will of god , and the right officer under god , both be clearly in it . 3. all honest covenants , are gods. though i do not look , such zelots as they are , should leave clamouring still for their covenant , in that i spy another starting hole they have yet . for agreements between man and man , private covenants , touching ordinary things , are in s. scripture stiled , the covenant of god. and shall not then a consent of all the people be sacred ? the resolution of whole nations much more be counted so , and without any question be set upon gods score ? and the truth is , this they say , hath not a little truth in it . for that covenant which jonathan and david entred into 1 sam. 18. 3 , david himself sayes , 't was the covenant of the lord , 1 sam. 20. 8. the ordinary contract also , which every wife made with her husband , ( who is to the wife ever in gods stead , ) 't was the covenant of her god , prov. 2. 17. nay , we will come home to them ; a league , that the men of tyre , heathen men , ( mark that ; ) had made with the jewes , god ownes it so , that he acknowledges it for a brotherly covenant , ( lo ye there ) and will avenge the breach of it , amos 2 , 9. and that oath which the king of babylon had put upon the king of judah , of fealty to him , when he revolted from it , god was so highly displeased , that he ( to make it surer ) took his oath , [ as i live , sayes the lord , my oath , which he hath despised , and my covenant which he hath broken , ( mine , and mine , all now was gods , ) will i recompence upon his own head. ] ezech. 17. 19. by the way then upon this , shall we not desire , that our godly brethren would shew us , whether he be the same god , still ? if he be , then how go they to work with this god , or what order have they taken with him , about their oathes of supremacy , and of allegiance , of canonical obedience also , and sundry other bonds they were in by local statutes upon those preferments , and offices , that he had brought them to ? i but ask them this by the way . now the reason of all this , what is it , but thus ? because every covenant , be it but private , between man and man , be it also with whom it will be ( with a jew , or a turk ; that 's all one , by all their leaves , that would perswade you otherwise , both at rome and here ; ) yet if it be broken , there lies a complaint to god about it , psal. 55. 21. for supposing the thing agreed upon to be in it self just and lawfull , ( in re licitâ , so lawfull , as that well and rightly it may be done ; how much more , if it be res debita , so due , as that of right it ought to be done ! ) 't is not onely a branch of the law of god , as a quil out of that wing , and in that relation entitles god to it ; but also , seeing the parties were agreed to call god to it , ( and call him they did at the making of it , ) both as a witness in it , and as the judge of it , and also as th' avenger for it , thus all honest covenants come to be gods ; let but the matter be justifiable and due , have truth and honesty in it ▪ and whose bargain so e're it be , or wheresoe're it be driven , be it but in a scriveners shop , nay under a hedg , ( as jonathan's and david's was little other , 1 sam. 23. 16. ) yet it binds , because of the power and presence of god. but ' o th' tother side , if the matter agreed upon be naught and illegal , carry it any iniquity folded up in it , 't is never good then from the beginning , far enough from having any interest in god , ne're hope for 't , there 's no beguiling of him , all the combining in the world cannot make god their pandar . no , all in that kind is but vinculum iniquitatis , and the more solemnity or admixture of holy forms , the worse the business ever , and the sooner must men repent , and utterly forsake it . for 't is no better then , then what 's usually to be found in stangate-hole , or on shooters hill ; no circumstances of time , or place , or persons , or manner , or any thing else , can hallow it . but then over and above all this , 't is another thing quite , when t is ordained to carry a solemnity between god , and men , ayming at any publick obligement of themselves unto god. for there , be they never so many , the people are all but one party still , there 's but one side , yet ; so all this while t is a covenant with no body , till god make himself a party ; some body therefore must be there for him , for god. and then , for the best of our brethren ( wo is me for them ; they are indeed hail fellow with god in too many things ; ) to make account , that they have him at a whistle , and can force god , to make one at it , whether he will or no , or when they would have him , if they do but hold up a finger ; by their good leaves , this falls under that of david , the fool said in his heart , non deus . psal. 14. 1. 't is to make him their drudge , and not their god ; no god , such a one , be bold on 't , but a servant , so mean and vile a servant , that an honest mans slave would be loath to change with him . make no other account therefore , but that the verdict here must needs go against them ; 't will be found frowardly and falsly , more then enough , and cast they will be ( all the sort of them ) for perverse carriage in the covenant of god. time was , i find , when the prophet would have been content , if he might , to have excused such another company of them ; but on no side could he look , that it proved not false play , every way : he is forced therefore to give it over , and to find the bill , though they swear , the lord liveth , yet to be sure , they swear falsly , sayes he , jer. 5. 2. how so ? because what they swear , much of it is that , that is false , the rest , is that they mean to make false . howbeit then , afore it come to that , here 's a step in the text , that must well be look't to . for in any matter of our duty to god and man , suppose it our allegiance , or any other due obedience , know we must , 't is a spice of frowardness , not to be forward , not toward ever , and zealously ready to perform our duty , so bent upon it , that we need not fear to appeal unto god about it . much more then savours it of extreme untowardness , to seek excuses , or delayes in it , and to be ready to take any diversions from it , or occasions against it : but then , of all the rest , to pretend hotly to it , and yet to go quite another way ; when they make a solemn covenant for it , and needs will pull god in to be a party , then to swear falsly , this the prophet calls , judgment springing up as hemlock , hos. 10. 4. and his meaning is , no venome so abominable , and gross as this , so that 't will be impossible to escape the judgment . how to be known , this . but how then ? where are we now ? will any plead ignorance in it ? will they alledge , that that they do in it , being commonly and loudly cry'd up for the covenant of god , and that , not in the streets alone by a rabble , but amidst the sages , and the common-councils ; nay , the very pulpits of those , that ever bare their heads for mighty prophets among them , sounding out nothing else continually , but the goodness of the cause , and the curse upon meroz , judg. 5. 23. damnation to them , that joyned not in such a duty , how should other men be able to judge it ? which way should one of a thousand among the people be able to tell himself , whether it were the covenant of god or no ? all this hath fully been resolved already , by those two infallible marks , first , if it have any thing else in it , that is not to be had out of the word and will of god , by a clear consequence from it . next , if it be a headless piece , and gods vicegerent , his true deputy , be not the stipulator for god , and the leader in it . and though the former of these two may be thought too deep for e'ry one to skill of , yet the second is plain enough , and he that has but half an eye may easily discover it . but what shall we need to go further then the text for it ? i pray do but mark that . the care of gods church there , is , to clear her self to god , from perversness , from all that may be called lying , and froward dealing in his covenant . well and good then ; if gods covenant be such , so pure and holy , that it may not abide any lying , upon no terms endure any frowardness of ours , or perverse behaviour in us , so much as to be mingled with it , to build upon it then , absolutely in it self , there can be no such matter , no froward dealing must there ever be , no false meaning at all in it , or else covenant it must be none of gods. put it upon that issue then , let the good people of god look but to that , and go no further ; leaving them all their sophistry and pulpit slights , examine you no more but that . say then , find you false pretending in it ? ( you have had it long enough , to know it throughly . ) is any thing said there , in that covenant , that you see is not , never was , intended ? find you any lying at all , either in the device , or in the carriage of it ? is one thing said , and quite another thing done ? go to then , this is enough . for , if so , then this is falsly and frowardly , to be sure : and by this then 't is clear , that 't is none of gods covenant . now this every man of you is able to discover , that can but tell twenty . i must be bold therefore to tell you ; he that sees it not , it is not for want of eyes , nor for want of light , ( either of these indeed would be some excuse , ) but 't is for want of will onely . as our saviour hath turned it out of the prophet , their eyes are shut , sayes he , esay 6. 9. but they themselves have shut them , sayes christ , matth. 13. 15. and why ? because the god of this world hath blinded their minds , saith s. paul , 2 cor. 4. 4. there 's the business ; and now , rather then not enjoy this world ; that god shall content them , a god he is there called , and now be the covenant what it will be , so that upon any report god be there , they will look for no other god in it , least otherwise the crosses of this world should betide them for it . but then , this also is point blank against the text. for that begins , and though all this be come upon us , yet do we not forget thee , nor behave our selves frowardly in thy covenant . no play false with god they would not , to ease themselves of any misery that was fallen upon them : much less , had they already done it , to prevent the coming of it ; least of all , onely for filthy lucres sake , to make themselves gainers and to suck advantages out of the milk of any other covenant . pactum iuum , therefore they were still able to say to god , and not pactum nostrum ? they knew no other covenant , but his. but that , they so well knew to be his , given by him alone , and not taken up by men ( no new humane , forgery shall i call it ? or rather idolatry , made , as idols use ever to be , after some resemblance of gods covenant , and coloured very like it ? ) that they would be able to give him a true account of his own , and of their upright dealings in it . yet i would now pray you , to mark that also , that in pacto tuo , is all they say : they pretend to no more ; it is no pharisaical brag of them this , as who should say , their doings were quite without sin , or , that they would justifie all their wayes before god ; far be it from them , to have any such thought ▪ no ? 't is onely intended here , as concerning the point of their allegiance , and of their worshipping of god aright . you may trace it out by this ; for nothing carries the name of god so much , and so kindly , as those two do , the worship of god , and gods vicegerent . now they presently expound themselves so ; that they had not forgotten the name of their god , ver . 21. their meaning therefore here must needs be , that to the rule of his worship , which was given them in his name , or to that authority , which bare his name , and had given the rule , they could never be brought to shew any frowardness . and from hence those three children of god , no doubt , drew their pattern . charged indeed they were upon grievous pains to forgoe the right worship of god , and to do as others did , to worship the new image , that was all of gold , dan 3. 10. but these golden pretences could not work upon them ; their answer therefore was ready , our god whom we serve is able to deliver us , and he will deliver us ; that was well , if they were sure of that part : but if not , be it known , we will not worship any new image , whatsoever come of it . an holy and a brave resolution this ! but no more then is due from all gods servants , in any such tryals , nothing must make them transgress that covenant which they were in , for their serving of god ; if god by himself , or by his second self the king , call'd for no altering , they were never to endure any , much less , to induce any . and what we say of our religion , must still be taken of our allegiance also ; they ever go together ; and alterations there may be in both , no body sayes to the contrary . but then , 't is god alone , and not man , that must alter them . it was for nothing else , that god , after he had changed the government of israel from one form to another , till at last he had brought it to kings , and in that course had once removed it too , from saul to david , yet then he set up his rest , and to tell them so , he term'd it his covenant , psalm . 89. 3. i have made it a covenant with my servant david , and his seed after him , to last for ever . and this it was , that made david's great grandchild abiah , to chalenge it by the right of god , as given to david , and to his sons by a covenant of salt , 2 par. 13. 5. that abiah was not i th' right though , and that his argument held not , it was because god himself had there made the division of the kingdoms , and had sent one prophet to foretel it , 1 reg. 11. 35. and another after to warrant it , the thing is done by me , 2 par. 11. 4. but otherwise , by man it could never else have been done rightly , nor would it ever have held ; no man , not all the men in the kingdom ( whatsoever is told you of the power of the people , by those that worship that many headed monster ) had power or authority to alter that covenant of god with david , more then they had to alter his covenant of the day and the night in their seasons , sayes god himself , if men would believe him , jerem. 33. 21. they were never to meddle with it , unless god himself gave order expresly in it . you shall find it so in the forenamed psalm , there 't is , my covenant with david , psal. 89. 3. and my covenant shall stand fast with him . ver . 29. and my covenant will i not break , ver . 34. and who dare now go contrary ? and yet at last we hear of him , thou art displeased at him , and thou hast broken the covenant of thy servant , ver . 38. yes , thou hast ! god may do it , no man denies that ; but the men that do it without order from god , howe'ere they make the success of their sin to be a sign of gods will , out alas , 't is no such matter , 't is but a lie in his covenant all they do , and the men of belial they are for it , and god will not suffer them to go unavenged , ( first or last , ) that do it : no , nor them neither ( i fear me ) that suffer it , and yield to have other men do it . and i could now shew you the like of the holy priesthood also , for god is in covenant likewise with them , and his covenant with them is by himself ( once and again ) set in the same equipage with his covenant of the kingdom , and with his covenant of the day and night , jer. 33. 22. and had it not been ever meant so , it had been but an odd farewell , that the blessed son of god ( when he had now altered the priesthood , as he had power to do ) took off his twelve apostles ; for loe i am with you alway unto the end of the world , are the last words he sayes to them , math. 28. 20. but loe , by your leave , you shall not , sir , have the brave baal berithans , your new covenanters sworn , if men will but rightly conster them : for to be with them to the end of the world , christ could not mean it , not with the apostles themselves , that was impossible , but in their successors ; and the successors of the apostles were those , whom the apostles themselves called bishops , with whom the apostles left the power of ego mitto vos , of continuing that order , or of subordaining any new. and concerning the bishops , you know what the covenanters have sworn , and in very that , have forsworn sufficiently . but i make no stay at this , though i thought it not unfit to cast it in , onely by the way , because of their word covenant , that you might have a taste of all the covenants of god , and of these mens counter-covenanting . but i have another-gates covenant now to conclude all with . full well therefore may this covenant in the text be said to concern the king , gods secular minister , and the priest , gods spiritual minister , when as christ himself , ( the son of god ; he , the king of kings , and lord of lords , the author of all our religion , our great high priest , and the bishop or our souls , the very root therefore of all episcopacy , which they shall never be able to root out , howe're they may sometimes lopp of his branches , he that is the maker of all that are his to be kings and priests unto god his father , apoc. 1. 6. ) is himself the very covenant , for all those that belong unto god. think not strange of this , i can shew you the very charter of it , and 't is worthy your looking on . it begins in a most solemn and divine form , thus saith god the lord , he that created the heavens , and stretched them out , that spreadeth forth the earth , and all that comes out of it ; that giveth breath to all people upon it , and spirit to all that walk therein ; i the lord have called thee in righteousness , and i will take thee by thy hand , and will preserve thee , and will give thee for a covenant to the people , for a light to the gentiles . esay 42. 5 , 6. and lest that should not stick with them ▪ again he is at it , in an acceptable time , and in the day of salvation , will i give thee for a covenant of the people . esay 49. 8. now we have s. pauls warrant , that time was then , when christ was given , 2 cor. 6 2. there are of the succeeding prophets also express in it . by jeremy the record of it is at large set down , under the title of a new covenant , jer : 31. 31. and that he means it all of the new covenant christ , is clear by the apostles recital of it , heb. 8. 8. then , it was a new one : but ever it was to be new , because to last eternally , never no other covenant to be after it , after christ. and so likewise ezekiel , after many heavenly amplifications of it , and exclusive all to the old covenant , ezek. 16. 61 , he reduces it all into this personal aphorisme , i will be their god , and they shall be my people , ezek 37. 27. and that this also is all meant of christ himself , the same apostle informs us , 2 cor. 6. 16. for the love of god then , i beseech you all , have some care of your souls , and be not thus fooled out of them . away with all other devices , all these baal beriths , these idol , new-fangled covenants ; avant all , but the covenant of grace in christ. and in the ministration of it , what alterations at any time are needful , doubt it not , but god is more mindful , then you ; and when he sees time , that god ( that when need was , did put it into that way , that so long you had then forgotten , into the heart of his deputy the king , and of his bishops at the reformation , to do it : ) is the same god still , the god of his church : and needs no aerian presbyters now , to lift up a lying hand ▪ because god is asleep , to waken him. no , god is awake in his holy temple , and howe're he seems to wink a while , yet they will find , that he sees through all , et palpebrae ejus interrogant , psal. 11. 5. his very eye-lids try the children of men. hold we onely therefore to this sure covenant of god , that , in it self ( we are sure ) is christ , and as to us , 't is with christ , in christ , and for christ , and christ ( to be sure ) will see well enough to it , without any of these new ( bold , and blind , ) seers . be we therefore all in all alone for christ , for our anointed lord , and for the lords anointed , taking care for nothing else , but not to behave our selves perversely in this covenant , no way to be froward and untoward to him. of all the rest , not to put such foul scorns upon him , as if he needed our lying , and could not well be god any longer , without our abominable dissembling , which was the badge that christ put upon the old pharisaisme , and is the very soul of that new scotish covenant . [ now god be merciful unto them all , that lie but within the shadow of it . amen . finis . the common-wealtsh's [sic] remembrancer for discovery of the disturbers of her peace with a loving reproof to such offendors and a caveat to others to beware of them / by a friend to peace with truth and true liberty, r.h. hubberthorn, richard, 1628-1662. this text is an enriched version of the tcp digital transcription a44838 of text r6707 in the english short title catalog (wing h3222a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 78 kb of xml-encoded text transcribed from 18 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a44838 wing h3222a estc r6707 13506286 ocm 13506286 99807 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a44838) transcribed from: (early english books online ; image set 99807) images scanned from microfilm: (early english books, 1641-1700 ; 791:22) the common-wealtsh's [sic] remembrancer for discovery of the disturbers of her peace with a loving reproof to such offendors and a caveat to others to beware of them / by a friend to peace with truth and true liberty, r.h. hubberthorn, richard, 1628-1662. [2], 33 p. printed for g. calvert ..., london : 1659. written by richard hubberthorn. cf. wing. reproduction of original in huntington library. eng solemn league and covenant (1643) church and state -england -early works to 1800. church and state -early works to 1800. a44838 r6707 (wing h3222a). civilwar no the common-wealtsh's [sic] remembrancer for discovery of the disturbers of her peace. with a loving reproof to such offendors. and a caveat hubberthorn, richard 1659 15315 46 0 0 0 0 0 30 c the rate of 30 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2004-12 tcp assigned for keying and markup 2004-12 aptara keyed and coded from proquest page images 2005-01 rachel losh sampled and proofread 2005-01 rachel losh text and markup reviewed and edited 2005-04 pfs batch review (qc) and xml conversion the common-wealth's remembrancer for discovery of the disturbers of her peace . with a loving reproof to such offendors . and a caveat to others to beware of them . by a friend to peace , with truth , and true liberty , r. h. london printed for g. calvert , and are to be sold at the black-spread-eagle , near the west end of pauls , 1659. the common-wealth's remembrancer , for discovery of the disturbers of her peace . friends and people , you have divers years been under the rod , chastised by the almighty for amendment , and many of you seen his great and marvellous works done amongst you , even in the view of some that remain as brands pluckt out of the fire , and have need of monitors to remember them of their leader therein , and there-thorow , least matters of less moment cause him to slip out of their minds . but i am here chiefly ( by way of queries ) to put you in remembrance how to consider of , and find out the enemies of your peace , rights , and true liberties , with their end● therein , ( as manifested by their actions ) yet onely so , as if it concerned some other persons , ( and not your selves ) least you should be misguided thereby , and not rightly discern between persons and things that differ , nor the designs of such as lye in wait to deceive ; wherein all plainness is ( in love and a publike way ) used for their reproof , repentance , and amendment , and your care and caution to prevent the like for the future , when truly sensible of what is but in part past ; and herein also take heed of being hasty to censure , least you miss of the authors meaning , and the benefit hereby intended you , and take offence before you know by whom the offence cometh , and what that is in you that is so offended ; for offences do come , and the wo is to them by whom they come , not to him that in love mentions them for amendment and , caution to others therein concerned . are not such to be considered who spend a great part of the yearly encrease of your lands , stock and labours , ( in riotous living ) as they can contrive to get it from you , either by force or fraud , to uphold themselves in authority over your souls , bodies and estates , so as not to suffer you to come or go , buy or sell , dwell or abide in peace , unless you give them what they ask , fall own and worship before them , and ( at their pleasures ) bea● , 〈…〉 e forth of your meetings , stone , impris●● , 〈◊〉 otherwise abuse persons that ( for conscience sake towards god ) 〈◊〉 〈◊〉 〈◊〉 , but declare against them as evil doers , the great enemies of peace , christs righteousness , and your souls , former●y called p●●sons , v●c 〈…〉 s , ●urates , priests , clarks , &c. 〈…〉 themselves ministers , or presbyters ; but how like ministers ( 〈◊〉 , servants ) divers of them have behaved themselves ( towards god or man ) in former times , histories shew ; and in ●atter times , your own memories ( even woful experience ) may be to you a true testimony ; assuming to themselves the sa●d title of presbyter , with authority to 〈◊〉 and ordain others by laying their fleshly hands upon such other persons heads ; and saying some invented forms or words over them , all by a carnal commandment at 〈…〉 head of their church cut off , the root extirpate● because bad and bitter ? and are the branches sweet , and the fruit good food for nourishment ? who can bring a clean thing out of an unclean ? now let all such as feel themselves truly touched and pinched by that of god in their consciences , 〈◊〉 in their minds , and wait diligently on him that the●e smiteth them and sheweth them their deeds of what sort they a●e , and would cleanse them from all unrighteousness ; but if such harden their hearts , and endeavour to excuse themselves by accusing others , then own rod vv●ll be their ruine . the ensuing queries ( i suppose ) concern not all alike , but some more , some less ; some in many , and some but in few of the ensuing particulars , and so to be remembred and soberly considered , the great contrivances having alwayes been by a few leading priests , and then afterwards carryed on by a more general consent , concurrance and activity of others , with some contradict●on amongst themselves , and that being p●st , soon ( like herod and pilate ) they became friends to p 〈…〉 e ●●e the righteous seed and son of god in his innocent and beloved lambs , their main business being to supp●ess the power of godliness , and every thing of conscience contrary to their humane inventions and constitutions , thereby to keep you in darksome ignorance , and a superstitious , awful reverence of persons , places and things , ever to take advantage against you , and put chains and fetters upon those that have the true zeal of god in some things above others , striving by all means to break that zeal , and bring under that spirit in the lords servants ( what ever it cost them ) least they should ( by that ) be discovered and made manifest , and therefore ever seeking to keep under and out of authority all such persons and men of sober , serious , and publike spirits , strict lives and manners , and to get preferred into authority others of servile spirits , that have a mixture of ambition and vain glory , with other vices fit to serve and support them and their authority over men of tender consciences , and cause the faithful upright , and just , to be derided , scorned , abused and vilified , as in former and latter times is most manifest to all persons whose minds are not dark , troubled , and blinded by their deceivable inventions . 1. whether the said men are taught by , and come to you in the wisdom , will , power and authority of god , or of man ? and what rule have they to walk by , save onely interpretations , inventions , meanings , and conclusions , raised and composed ( by themselves and others ) as out of , and from the scriptures , to justifie their doctrines , precepts , practices , and conversations ? and do they agree with the servants of christ , or one with another , ( all speaking the same things ? ) or are they not therein contrary , and one contrary to another , and different , according to the times , occasions , and respective governments , one while praying , preaching , and contending for a religion , way or t●in● , and at other times , otherwise , or against the same , frequently intermedling with affairs of civil government , and other mens private concernments and conditions , thereby occasioning strife and debate amongst you . who , or what was it that confounded your understandings , disquieted your minds , and exasperated your spirits ( so exceedingly ) one against another in the beginning and continuance of these late wars and troubles , ( the sad effects whereof you yet in part feel ) as to begin with those sports and pastimes whereof they had books , which they generally read and published in their meeting-houses , ( called churches ) about the latter part of king james's his reign , for encouragement of minstrels , dancings , revellings , may-games , stage-plays , morris-dancers , and such like exercises to be frequently performed on the first days of the week , ( called sabbath days ) to the high dishonor of god , ( whom they those days also would seem especially to worship and serve ) and grief of the persons then scornfully called puritans , and others the sober minded amongst you , which then were by that means cruelly mocked , contemned , scorned , despitefully used and abused , because they ran not with others into the same excess of riot ; and ( those of you that remembers these things ) consider who the prophane , the then irreligious and vicious persons did applaud and rejoice in , for publishing , encouraging , and joining with the said exercises they then called lawful sports and pastimes . 2. from whence , and by whose ordination , concurrence and agreement ( in the late kings reign ) were the then altars ? and by whose practice , example , and commands , the frequent bowings thereto , and at such distinct distances and differnt manners , with other the inventions and actions then and there performed with so great zeal for their new high places , rails , garments , and other innovations ? and who were they that in those performances , and in visiting crosses , wells , and other places , in preambulations , singing the letany , &c. were adorned with canonical coats , girdles , surplices , rockets , tippits , hoods , and the like , besides the great reverence said to be due to their persons , office and ministry , which ( their followers ) were directed to manifest by distinct bowings , standings up , and kneelings down before them , when , and as they pleased to teach , order , and command to be performed in their meeting-houses and elsewhere ? 4. who were they that ( as the aforesaid services were increased ) flockt to london , westminster , and lambeth , to have their wages also increased to ten groats ▪ or at least eight groats out of each pound of every mans lands , stock , and labours , and a part of poor servants wages , not then esteeming tythes , g●ebe-land , and other their offerings , incombs , and several plurallities , a competent or sufficient maintenance ; but they ( being over hasty therein , and the time not judged seasonable ) failed in that particular , and then what frequent counsels and consultations held those men in the several count●es and corners of the land ( under colour of lectures , em●er-week-●asts , and otherwise ) to consider of , consult , and find out s●nse other way for augmentation to their authority and maintenance ? 4. who were they that began and continued such , and so many vexations suits in law with their patrons , parishioners , and others , wherewith the courts at westminster , the great assizes in counties , and other inferior courts were even pestered ( as records may manifest ) besides their frequent suits and summons before , and in the then bishope courts , sometimes for small tythes , working upon some popish holy days , ( though but in repairing a fence to save corn , and preserve peace amongst neighbours ) for not g●ving them timely notice when tythes were to be set forth to them ; for going from some of them to hear in other parishes ; for meetings ( by them called conventicles ) or for not allowing servants to join in the before mentioned sports and pastimes , and oft times obtaining excommunications therefore , and speedily turning them into writs , and thereby causing mens bodies to be attached and imprisoned , whereby many consciencious persons were ( in a manner necessitated to leave their dwellings , and this land , to seek peaceable habitations elsewhere , which divers of the said active persons made use of as an encouragement to their then design , some boasting thereof , and that they hoped to have another authority before it were long , wherein their labours have not been lacking , neither at their then high commission court , nor other places , as hath notably appeared to all that have been willing to see it . who served , assisted , and encouraged the late bishops in making the cannons , liturgy , and service-book , ( little differing from the mass-book ) to be imposed upon scotland , and preached against the scots , ( when that book was refused by them , endeavouring to make them , their religion and practise seem odious , & their own ( new-invented ) altar worships , forms and bown● , acceptable services to god , thereby then obtaining a declaration against the scots , whereby ( with great zeal ) they proclaimed them rebels ; and after that a form of prayer against them , which divers of the said men as zealously read and seemed to pray in their said meeting-houses . and who ( after that ) preached up an army of londoners and others , to enforce the said book upou the scots ; and for the maintenance of those forces , did the like to have ship-mony paid by you ; as also concerning grants to pattentees , and pleading for such and other monopolies and arbitrary inventions , all oppressive to tender consciences ? besides the many articles ( the bishops and they ) then set forth , so numerous and contradictory that they could not be performed by the church-wardens ( so called ) whom they caused ( or rather forced ) to swear to present men by ; nor could others find how to escape the snares thereby laid for them . 6. who , or what sort of men continued the convocation-house ut westminster about the year 1640. ( after the then parliament was dissolved ) by a commission obtained of the then king , ( under the name or title of a synod ) and thereat made new constitutions , canons , &c. armed with censures , deprivations , and excommunications , whereat was the then new oath made for establishing their usurpations , and to justifie their altar-worships , inventions and innovations ? and who of them there imposed that great tax upon themselves in general , and on divers others , for the raising of more forces ( as an additional-army ) to go against the scots , and procured divers of their creatures to go , and send forth men horses and arms , to carry on that their design , all contrary to law , and your rights and liberries , and ( for the raising of those differences ) so far prevailed , as to obtain the discountenancing and putting out of favour , trust and office in the common-wealth , divers of the most consciencious , sober , discreet , and fit persons for those services , and thereupon procuring others ( that they knew would comply with them ) to be setled in such offices and imployments , thereby uniting a sort of the nobility and gentry to themselves , as also the generality of the prophane , ignorant & negligent professors ; but these then call'd puritans they found themselves unable to seduce . have i need to remember you , or ask you concerning the charge of those forces , what , or how many hundred thousand pounds was paid the said scots afterwards , or who paid it ; or of those other matters of dangerous consequence , ( by the said convocation or synod contrived ) whereof all other sorts of persons ( besides themselves ) have sufficiently tasted ? or how they so continued acting until the next parliament call'd them to account , and punished some few of them , but the generallity escaped , and ever since have stood in the way of , and endeavoured to prevent all just proceedings tending to your rights and liberties ? was not your fire hereby kindled , unto which the authors have ever since been adding fuel of one kind or other , to this very day ? were they not of this sort of men that made libels against the parliament in the year 1642. imputing it as a crime that the king was not then believed , and those with him trusted , several ways charging them , and provoking the people to disobey that authority , supposing to carry on their design by interrupting and preventing the parliaments proceedings in order to your rights and liberties . 7. who were they that seeing they could not be advanced by means of the bishops , preached against , railed on , and earnestly endeavoured to have them supprest , ( whom but little before they prayed for , as their right reverend fathers ) saying , the bishops did them wrong by taking upon them as they did ; that as presbyters they ( the said men ) ought to have been authorized and called for to join in the choice and ordination of ministers ? did it not thereupon generally ring in their sermons , that presbytery is the true clergy , and the church of scotland a true church ; then contending for the scots and scottish religion ( which but a little before they cryed outagainst , and also proclaimed the scots rebels , and prayed against them ) because that then seemed their hopeful way of rising into the like authority as the bishops had , each to be at least a master , bishop , or presbyter in his parish , and the chief men there , his lay-elders ; and yet herein they did not then very well agree amongst themselves . 8. what sort of men , and who were they that divided themselves ( as nncertain whether by the help of rome or scoeland , might be their readiest way of rising into authority and estates ) into several parties , and by writing , praying , preaching , and pressing arguments , perswading you to go forth from your dwellings , some to fight ●or the king , some for the parliament , others taking all advantages in their parish-meetings , and elsewhere , to stir up discontents and enmity in your spirits one against another , thereby hasting you into a bloody and desperate war one party against another ? and what was this for , but the obtaining of their ends by the first way of rome , or the other of scotland ? either of which ( it seemed ) would have served their turns to maintain them ( their wives and children in ease , pride and idleness ) with authority to punish all such as should presume to contradict them , or deny what they would have by way of tythes or otherwise , or impose any publike charges on them : thus prevailing with you to enlist your selves into two great bodyes or armyes one against another , and by several inventions and execrations against those that were afraid or unfree to go forth in arms to shed the blood of their neighbours , brethren , fathers , &c. one party of the said men crying , come forth , fight for god and your king , the lords annointed , and the protestant religion ; come forth willingly , you fear not god unless you serve and honor your king . the fearful shall have their portion in the lake , &c. ( said another party . ) come forth , fight for christ , your religion , laws , and liberties , &c. and a third party so on both sides by preaching , praying and writing , as they stood affected , and as either army came near their beings : i say , was not this the means used ? and who were those men that then took this way to beget and encrease your enmity and hatred one against another , so between nearest relations as is scarce to be found or named amongst sober men , ( such as some call heathens , that have but natural affections ) to the end that through these storms they might find out an easie way to their desired haven , wherein to sport themselves , and rant it over other persons souls , bodies , and estates , and this all under colour and vizard of religion , duty to god , and your good ; so must the king ( by some of these men ) be perswaded to take oaths and protestations , and set forth declarations that all he did was for the protestant religion and your liberties , thereby to strengthen his party , and perswade you to believe it ; and also perswaded him to seem to comply in several treaties with the parliament , even to the very last at the isle of wight , &c. shall i need to ask , or remember you how active some of these men were in plundering on each side , and encouraging officers & souldiers thereto , under pretence of weakning that party they set themselves against ? or of the contrivances , means and friends , many of them made use of to get into each others livings or benefices ( if greater then they had before ) of some , thereby so entering into two or three such benefices ? or how divers of these men strove to give content to both armies , to pray for , preach for , and sometimes give thanks on either side , as they come near the places of such mens residence , and either had prevailed in any storm or victory , or did but say so : were not some then so forward as to commend any killing of english men on the one side or other , for exrellent service , and thereupon rejoice and give thanks ( as they call'd it ) in somuch that sometimes there hath been such thanksgivings and rejoicings on both sides for one and the same victory ? or shall i need to remember you of their railings , revilings , and evil● speakings against those they call'd antinomians , anabaptists , arminians , sectaries , schismaticks , hereticks , &c. or some of these mens petitioning against such sundry times , blowing the coles on both sides the fire , as they got room , and still adding fuel thereto , for their design sake , when a fit opportunity might serve , the particulars whereof ( when collected ) may swell to a very great volume ; which work ( its like ) may be by some other more diligent observer thereof , their ways and deeds of darkness being not easily discerned , and therefore i mention some most obvious , least they should think them altogether buryed in oblivion , and continue impenitent , and you in security . let me here add this also , ( not to be forgotten ) that the parliament were necessitated for your , and their own safeties , rights , and liberties , to call upon you to enlist and maintain each other in a defensive way , when the late king had set up his standard , and proclaimed a war in his own land , amongst , and against his own subjects , was not this the real difference between his case , and their endeavours for you ; but how far that will justifie any the aforesaid mens designs , i leave to you to consider of , and them to the light of christ in the conscience , &c. which of these parties of this sort of men are your ministers of christ ? or did he or his ministers at any time so seek to destroy mens lives ? 9. when many of the aforesaid sort of men saw they were not like to obtain their desires by the king in the way of rome , what art , industry , and diligence did they use in their next design to have the help of their said brethren of scotland , which they saw could not be plausibly carried on and established to their wills without some consultations about it , and therefore would needs have it by an assembly of themselves , which they called a synod or assembly of divines , scarce taking rest until they were so owned , ( though called together upon their entreaties , only to offer their humble advice to the parliament ) and how authoritatively did they then act , ( as if they had been again in convocation as , and with bishops ) and as if no man were to doubt of their determinations , or question their contrivances , some writing , and others speaking as in acts 15. that it might be said of their proceedings , it hath seemed good to the holy ghost , and to them , to order , direct , &c. so that every man should receive rules from them in all things pertaining to the worship and service of god : but he that sits in heaven laughs them to scorn . it is ( also ) like many of you may remember what great hast they then made to have their decrees established accordingly , and bow they took their opportunities for it , when divers members of parliament were imployed in the countrey and army , their favourites ( for the most part ) being then in the house , thereby to settle themselves so , as to be able ( with assistance of their lay-elders they would chuse ) sufficiently to master , and deal with all sectaries and other persons that should prove refractory , or any way disobedient to them or their decrees , either by their parochial ; classical , provincial , or national inquisition , or high commission courts . 10. is it here requisite to be remembred what charge that synod was to you at 4. s. per . diem each man , and large benefices , besides the allowances given to some of them by the committee they obtained , called , the committee for plundered mi●isters , when few of them were plundered ; and in case some one of many did lose that way , he must be speedily and sufficiently repaired out of your moneys , or else that would serve for a railing theme , to fill up divers of their hour-sermons . are not these persons the now great plunderers in all parts of the common-wealth , forcibly taking ( and causing to be taken ) away mens corn , cattel , and other goods , what , and when they please , under colour of their office and ministry , and nevertheless now prevailed to have their said committee revived as for plundered ministers , whiles thousands of poor , ( whereof divers have been plundered , and remain without any relief ) not onely vvant bread , but imployments vvhereby to labour for the relieving of themselves , wives and children . but what at last did the said assembly or synod bring forth but a national covenant , a chatechize , and a dead directory for the living god to be worshipped by , with their establishing themselves as rightly ordained before by the bishops , and a new way , method , and manner of ordaining others , wherein their brother calamy led them to begin with seven young men in his meeting-house at aldermanbury in london , for an introduction into that new devised way and worship , ( wherein the lord god is not so mock'd , however they deceive themselves and others : ) but as for any benefit , commodity , or advantage unto you concerning your souls or bodies , that seemed not their business ; neither would they willingly then ( nor since ) suffer other persons to do their duties therein , and deal plainly with you concerning your souls , ( when they could or can prevent it ) lest they should thereby lose their praise with men , their fame , & fat benefices ; for they wel know that when you shall withdraw your breath from them , they presently wither , dye , and become as empty idols , so that all men will then see whereof they are made ; but while you put into their mouths , ( what they would have ) fit your selves in gay and gaudy apparel , and so fall down and worship before them , own them ( because of their book-learning ) to be the onely persons to speak to you from god , and to god for you , give your honors , wisdoms , wealth and strength ( that the lord god hath given you for his service ) to them for the service of their lusts , ( and excessive pride of their wives and children ) and pay all military taxes and other-like charges for them ; and they have the gleab-lands , tythes , stocks , estates and incombs ( they get from you ) altogether free to maintain them in ease and idleness , ( without working with their hands ( the thing that is good ) and eating their own bread ) when many of the poor amongst you ( labouring and toiling hard ) must pay contributions and taxes over and above what may , or can be well spared from the thin backs , and hungery bellies of their wives and children ; i say , while you thus do , no wonder if you continue in blindness , errors , and ignorance , without the knowledge of god ( to your shame ) and neither see , nor desire to be free from these afflictions they bring upon you , which on you are just that so uphold and maintain the enemies of christ , of your own souls , and the nations peace . need i yet further remember you how some of them have strugled for , and got augmentations to their former benefices ? how divers also have got fifty pounds each man to carry them for ireland , and when there 100. l. or 200. l. by the year , and some more for preaching , or rather deceiving that people with their lying inventions , and causing punishments to be inflicted upon those that shall therein contradict them , whereby it is evident that whosoever hath gained by these times of trouble , they have not lost theereby , nor their favourites failed them therein , though it is , or may be clearly seen , that far greater things have been expected by them . 11. you may not forget the said solemn league and covenant , nor need i further tel you who brought forth that birth , and gave it that name , as also sometimes calling it the oath of god , and national covenant , ( as their brethren of scotland had ) but so cunningly contrived of ambiguous words and terms , to answer all the authors ends , as no antinomian , independen , anabaptist , seeker , or other sectary ( by them so called ) or person ( in any kind or sort differing from them ) might find a way to escape out of their net , with full confidence also that they ( the said authors ) should be the onely interpretors thereof , whereby they might turn the sence and meaning , any way at any time , or on any occasion to serve their turns , and teach their younger brethren to doe the like , assuring themselves that none they call'd lay persons ought or would presume to interpret or give the meaning of any part of so excellent a piece of their workmanship ; and then how highly did they extoll that new idol ( their covenant ) and preach'd it up , as a thing so absolutely necessary that none ought to refuse it , remaining as restless untill they had prevailed with most of the members of parliament to lift up their hands to it , and subscribe it , and therewith got the stamp of authority upon it , that all men in the nation should be called , to lift up their hands to the most high god , before that covenant , and swear &c , and then how was the sound of that solemn league and covenant in every mans ears ( of cities , town , countrey and army ) by the makers thereof , and their younger brethren riding and running from place to place , from one part of the army to another , in all hast to surprise men thereby , eagerly pressing , and earnestly perswading men speedily to take that solemn oath ; and many that could not be so brought under their yoke must be enforced thereto , some by losse of estates or liberty , others by losse of their places , offices and imployments , and all refusers thereof stiled malignants and enemies to the common wealth ( though many such refusers were then with their swords and lives as in their hands for the parliament and your liberties ) whereby divers of your friends and faithfull servants were displaced and rejected as offenders , and then under this cloak and mask ( of naming the most high god and that covenant ) all other their inventions must be sheltered , ushered in , and carried on , and the greatest part of their sermons be of the excellency of your so entering into covenant ( as they said ) with god , and of the benefits thereby accruing to them that so did , and the danger of refusing such an opportunity so to do ; and this being thus carried on to the height , in the next place they could tell you how the oath of god was upon you , how you had lifted up your hands to god , and of the great danger of breaking covenant with him , with their then new sense and meaning thereof ( according to the then occasion ) to be observed upon the highest penalties , although it may be boldly asserted , and let that of god in every mans conscience answer him , whether themselves that made it ( taking them severally and jointly ) or any other persons ( that took it ) then did , or yet do understand it , so as to say positively , this and no other is the meaning of any one of the six branches thereof , the interpretations thereupon may be , and are so particularly various : neither is it to be supposed that the contrivers thereof ever intended it should be understood by any man , but that all should admire it , and be satisfied with their respective meanings thereupon , however differing therein , not onely one from another at one and the same time , but on all occasions using the same as a ladder to climb up into authority over your souls , bodies and estates , ( more generally and tyrannically then the later bishops exercised ) could they have gotten up to their intended height . and were not some of these the men that stirred up discontents in the citizens of london against divers faithfull men there intrusted with the militia , perswading that none were fit to have to do with the militia in that city , that were then of the parliaments army ( they call'd sectaries ) or disaffected to the ends of their said covenant , holding forth this covenant to make way for them in all their designs , new canons , constitutions , directorie , &c. whereby their congregationall , classicall , provinciall and nationall courts were to take their rise , and be established to enslave and vex you with continuall suits and attendance from one of their said courts to another , and all under the specious pretence of religion , rules and ordinances for the worship and service of god , and good of his church ? 12. when the faithfull servants of the common-wealth ( in the army and elsewhere ) were discouraged , and divers of them displaced ( as aforesaid ) where , or what sort of men procured also the bringing into these places many loose , prophane , and disorderly persons that could complie , take oaths and covenants as directed ? and were not the parliaments then three armies thereby speedily brought into a kind of confusion amongst themselves , and rendred unfit for your service , and on the other hand the king not onely became master of the considerable garrisons , but also of the field it selfe and was it not ( even then ) many of these mens great cry : that god was against the armies ▪ and they prospered not , because their covenant was not generally taken , and strictly observed , and that the government of the church was not established ( as they advised and directed ) whereupon the parliament was necessitated to take notice of the approaching danger to themselves & ( you the lord in mercy directing ) then drew forth of those three armies one intire army , and therein again imployed these faithfull and valiant men ( that before were so put forth ) and others like faithfull persons were therewith joined , and united hearts and hands together , under their then truly noble , faithfull and self denying generall , their lieutenant generall , and major generall , and other like officers , and obedient valiant soldiers , to the great and generall dissatisfaction of those covenant makers ; yet still they presse to have their covenant enforced upon that army also , as knowing no other way to break it , and that at such time when ( under god ) the very safety and externall welfare of this common-wealth lay at the stake upon that armies proceedings , and here none else to stand in the gap , &c. and when some of the said covenant-makers ( and others of that sort ) had by their endeavours ( as was then said ) prevailed with the scots officers and other old souldiers to withdraw themselves from , and leave that army , as designed for destruction , ( whereof the lord of hosts was pleased to make another manner of use contrary to their expectations ) and when that design took not , how shamelesly did divers of those men rail against , revile and asperse that army , labouring by all means to bring an odium upon it , by false reports and slanders ; and who were they that then prevailed with the said scottish officers and others to wait in london and westminster untill they should see the destruction of that army they call'd the inconsiderable number of rawheads new noddle , &c. whom ( said some ) the kings party will soon make an end of , and then the said officers would be sought to , might make their own conditions , & be imploy'd according to their desires . what should i say more of the railing accusations then brought against that army they called sectaries , prophesying the ruine of the whole , &c. in case these men were continued in arms , thereby to weaken all hands in the time of the parliaments greatest weakness , how many of these troubles , did manifest their grief and sorow of heart when they understood the king prevailed not against that army ( they called sectaries ) at naseby fight ; ( much taken notice of , in , and about the said cities at that time , ) whereby it is evident that these ( of that sort of men ) with the king , and others from him , were then indifferently agreed any way to do their own business , as hath appeared since , to your sorrow , sad sufferings , and loss . 13. who were they that held correspondence one with another , and employed spyes in all parts of the land under colour of getting intelligence of errours and heresies , held ( as they said ) by some officers and others of that army , which one called dr. edwards ( a priest then in london did especially manage ; and what strange things had they thereby invented to charge that army with , and which were then put into print in severall books ( one after another ) by the said edwards , called his gangreens , stuft with mistakes , forged inventions , and filthy lies , stil pressing their covenant to prevent errours and heresies , as they said , and labouring with the parliament for an ordinance to inhibit privat meetings , ( they called conventicles , as the late bishops had done ) which they had oft before sought for , when the former armies were at a distance from london and they supposed the time seasonable , but as oft prevented by some considerable losses in the army or forces , when in any measure the parliament incline to such persons therein . and who ( about the same time ) stirred up those called the clubmen in many parts of the land ( and some priests with them ) under colour of defending themselves , and estates from plunderers , even when this sort of men saw the parliament like to prevail , and their ends not accomplished ? 14. whose designe was it to have the late king carried to the scots , when the whole nation was even brought ( almost ) into obedience of the parliament , and great hopes of a speedy settlement ( as supposing themselves sure that way to make their own market by and with him ? ) and who were they that so earnestly perswaded to have the said army speedily disbanded , ( when the king was bought and brought , back againe from the scots , and nothing else seemed to stand in their way ) perswading there was then noe need of that army , and noe way would serve to disband it , but by troops & companies , apart one from another , before due satisfaction given them , or any satisfaction of them in what they had done , or any the rights and liberties , ( for which so much blood had been spilt , and treasure spent ) so much as ascertained , much lesse setled and established , unto you and them , arguing that the great taxes might then be much abated , bloody ireland relieved by these that should after be enlisted under other commanders for that service ; some souldiers goe back to their former imployments , and others ( of their chusing ) be imployed here by this meanes to have broken all in pieces , and set one party against another , rather then to fail of their intendments , further pleading how dangerous it was to continue that army , or to send them together for ireland under their own officers , how soon they would so conquer ireland , and fill that land with sectaries , and then how should they be dealt with here at that armies return , when their doctrine should likewise further spread over england ; some saying ( though they could not but confess that god had manifestly appeared in , and by them , and they had done great services ) they were not to be continued , and therfore nothing could satisfie but such a disbanding as might disperse , & discourage them &c. whereupon some officers of the said army , and souldiers , having notice of the design , the designers prevalency , and evil consequences thereof to the whole nation , advised together how to draw up a petition to their then general for satisfaction in a few particulars , whereof some of the said persons got intelligence , and without any certaine knowledge what the said officers intended to petition for , first had an order got to suppress the said petition , and thereupon a theme to preach of , and cry out of dangerous principles in the army , and designs to oppose the covenant , labouring to have the petitioners censured as enemies to the state ; and how then , and by whom did the slanderous libels and pamphlets fly abroad , divers officers of the army imprisoned , and after released without being told the cause of their commitment ; and when ( in much mercie to this nation ) they were prevented therein , how did some prevaile with divers londoners to prepare a remonstrance against the army , and then stirred up refarmado officers and others , to enlist men , and there got up another army , and prevaild so far as to have the militia there taken out of the hands of faithful men , and put into other hands to carry on their designe by heading forces against the army , and set on foot a new war which might have proved more bloody , and terrible , then that before ; but the lord of all the earth pleased to turn their counsels ( like that of achitophels ) into foolishness , and direct the army ( in obedience to the parliament ) to do their duties soberly , so as that ( in a mild way of prevention ) things were brought back into their former condition of peace , and the said militia againe into safe hands . 15. who in the next place procured the said reformado officers , ( whereof some had been disbanded , some cashiered , and some served the king , ) with divers londoners to force the parliament to pass several votes , &c. which was so great a breach upon the priviledges of parliament , as that the speakers and members of both the then houses were necessitated to repaire to their said army for safety , and when returned ( at their then next free sitting to recal these votes so by these pastwhile under that force , and also dispersed these offisers ( so made use of to put that force upon them ) but the many contrivers & abettors escaped , though much then spoken of , because of the state of affairs at that time ; but rested they here ? or did they not rather wait for other oppertunities wherein the lord by his wise providence prevented them sundry times ? yet for all this they were not willing to see his hand stretched out against them , and turn to him , neither do they yet seem willing : now all you that in any measure are turned into the light , brought into the fear of the lord , and did see his mercy and marvelous works in these times , forget not all his benefits , his deliverances ( in your low estates ) from intended deaths , when that army was so despised and railed on ( by scorners that oft sought their lives to take them away ) low and weak in their own esteem , then did the lord strengthen and put courage into his servants that truly trusted in him , and believed his salvation , cleaving unto him , and one to another with all their hearts ; yea truly then blessed were they , while many others before mentioned were exercised in cursing them , and sorrowing at their safeties , and successes , and when the lord enabled ten to chase hundred , and a hundred to put a 1000. to flight , for that was the lords doing , & marvelous in the eyes of many beholders , being in order to the great war ( manifestly begun ) between michael and his angels , and the dragon and his angels , in this day of god almighty , to the terror and amazemen of all enemies that would not christ should reign over them , but stand in the enmity , equally fearing , and hating the goodniss , wisdome , and mighty power pf god in his sons and daughters . 16. who , and what men were they that in the heat and height of these military affaires , and taxes upon you , were so restless , until they obtained an ordinance for tythes , ( with trebble damages , or value for non-payment ) fo far prevailing , that those who had not wherewith to pay should be imprisoned &c. he that remembers these things need not be farther advertised of that sort of mens practices , or prevalency that could obtaine such an ordinance ( never before heard of ) at such a time , in such a manner , and only upon their bare words , that tithes are due to them , that they are the ministers of christ , or that tithes are ordained by him for their maintenance , &c. being a task they never could , nor now ( by scriptures ) dare take upon them to prove , but they can tell you one while that they are due to them by divine right , another while by some authority of man ( though noe act of man makes them due ; but supposing them due did order the setting forth thereof ) that their predecessors received tythes of their parishoners for many generations ; that tythes are not now to be questioned ; that several parliaments have judged them due , & ordered payment accordingly ; that the israelites paid tythes by special command from god , and would you ( now under the gospel ) pay less to christs ministers ? that gleab lands and tythes are their free-holds &c. while all is but deceit and covetousness ; for they have no colour to demand any thing , but as officers or servants for performing service , and that from the persons they serve , and during such respective times as allowed , and therein continued ; but as for christs work or wages , they neither know the one , nor will be contented with the other . 17. who were they that encouraged the raising of forces in london , and the adjacent counties , as also in wales , and other parts , and that then took and caused oaths to be taken ( with him they call'd lord capel , and other officers for the king ) and gave their assistance therewith against the parliament accordingly , and about the same time held correspondency with them of the kirk , or clergy of scotland , whereupon an army of scots were raised and came ( under command of duke hambleton ) to join with others here , and invade this land , hasting so far● towards london , as stafford-shire , before the parliaments forces could meet with them by the then directions given therein ; and what , or who occasioned the long dispute between the nobility and said kirk of scotland , whether should appoint a commander in chief of that army , some of that sort of men here being not ashamed to say , that duke hambleton died a martyr ? ( it is is like they meant for that intended service ) and who were they that deluded the late king by their sermons , and otherwise seem to accomplish , but not to consent to severall things proposed to him by the parliament ; some telling him it stood not with his honor as a king , so to yield to his parliament ; asking him whether he would make himself a subject , &c. and at other times so craftily acting and advising between both ( for their own ends ) untill he was thereby brought to his last gasp ? and who in like manner lull'd asleep , and misled the parliament severall times , untill , & c ? and who since have prevailed with , and misled their late great benefactor and protector , and those with him , untill he also fell ? and so shall all such builders of babylon , and upholders of her merchants , even they that help , and they that are holpen , shall speedily fall together . 18. who were they that preached up the aforesaid covenant in opposition to the engagement , to be true and faithfull to the common-wealth , as established , without a king or house of lords ) both in the year 1648. and 1649. & c ? who sent letters and books into the english army ( when going against the scots ) to discourage and divide them , and thereby to disable that army and prevent their proceedings , and all whose charge , pains , and diligence was that correspondency held between the presbyters in england , and sco●land , in and about the yea 1650 & 1651 , and who so generally then preach'd up the scots religion , church-government , worship and discipline , here in england , and likewise in ireland , and all the time the kirk of scotland were carrying on their design with ●harls stuart , whom they afterwards crowned there , and ( then with all their might ) hasted to bring him into his late fathers throne ( by way of conquest ) with that potent army of scots , and others here prepared to assist therein ; and how sad and unquiet were this sort of men ( in all the three nations ) upon the defeating and routing of the said army at worcester ? and who were here the chief actors therein , that sent intelligence and timely notice of the fittest season and way of that armies so coming for which some ( of the most notorious ) were called to account , and ( its like ) one or two suffered , but the generality of them remain the same to this day , as they can find out opport●nities in like manner to act for their own ends , whether by such correspondency with any like men in holland , or else where ? and who caused the turkish alcaron to be printed in english after the parliament inhibited the so printing thereof and to what end , and who are the men subject to changes , and alter and change those they call religions ( in all ages ) when , and as they see it may be most pleasing to kings , queens , or rulers , and profitable to themselves , and augment their authority over the bodies and estates of others , and ( upon such changes ) preach that for the word of god , and true gospel , which seems to lead to their preferments , by taking best with such authority ; and in authorities greatest weakness , and distempers to take advantages over and against it , as who is able to make mention of the many factious sermons in the times of your late troubles preached before authority , for which ( they were so cunning therein ) they rendred thanks , seldom reproofs ; but have they not often thereby hindered businesse of importance , because not suitable to their intentions ? 19 who were they of the presbiters kirk of scotland that acted and contrived their intendments so mysteriously during all the time of englands troubles , bookingin all interests with their like brethren here , as also in ireland , hell and hagu● , and other parts for the carrying on of their designs ; their railing accusations and slanders , so oft raised against the english army while here ; as also , when at glascoe , or other parts of scotland , their occasioning the poor people there to hide their goods in the earth , and their bodies also , by perswading them that the english army of sectaries would kill them , and take what they had ; the said sort of men exalting themselves against the civil authority there in matters of the greatest moment : their raising of forces , giving comm●ssions in the name of the kirk and kingdome , their inviting young charls stuart to them , putting him to take their covenant upon his own constructions , and then crowning him to strengthen their party and cause : their disagreements amongst themselves about him and his , and otherwise their seeking assistance from france ; their treacherery against the english army by their kirk army at dunbar , and other parts , &c. yet could they not have much harmed or troubled you ( what ever they intended ) had not many of their said like brethren here fomented differences and assisted them for the more easie accomplishment of their kirk-design in a generall way . 20. to passe by the popish clergy ( so called ) in ireland , with the cruel murthers , and bloody massacres by their instigations committed in that land , during that late , horrid rebellion , call to mind and remember who they were , that ( about the tenth year of the late king before the said rebellion brake forth ) assembled in dublin , composed an instrument , and thereby raised a subsidy , called a free subsidy of four shillings out of each pound of all their promotions and spirituall livings ( so called ) in order to a war , that had such an inordinate desire to bear rule , and exercise authority , thereby to maintain and support their new sound altar-worships , bowings and other their then then inventions , their frequent disturbances by medling with matters of civil government , so by writing , preaching , and otherwise , of what they liked or disliked in magistrates or others , the severall inventions and designings in the time of the said rebellion , the solemn oath many took and preached up , and which many of the people there did take in the latter end of the year 1648. to be true and faithfull to him they called their young king charls the second , how they would fight for him , assist him , &c. who were they that before and about that time , preached for , extolled and encouraged , those they called their excellent and right honourable lords ( ormond and inchequin ) to make leagues and cessations , and joyn in amity with the said popish priests , and irish rebels , and that about the same time in 1648. composed and set forth in print certain prayers ( so call'd ) for their said young king , and therein such execrations and expressions against the said parliament and their armies , as i find not freedome here to name , then and in these times frequently read in their congregations ; and yet since how forward and prevalent have some been in preferring their friends and favourites ( severall that assessed them in those their former actings ) into imployments of publick trust , by having divers faithfull servants of the common-wealth , put out of such imployments to make room for them , and because of not complying to do such unfit things , as some of that sort of men desired , whereby justice hath been turned into wormwood and gall , and of such persons ( so brought into authority ) have they severall times prevailed ( by letters , preaching , and otherwise ) to have men chosen as members to serve in parliaments , there also to carry on their designs . not to say much how the said sort of men have been enabled to do such things by their large salaries , or how frequently divers of them have caused the publick peace to be broken by the rude people , in and near their meeting-houses , in beating , stoning , and abusing sober persons that did but tell ( or offer to tell ) them plainly of their deceits and lying inventions ( in love and for amendment ) that the people might cease from these that so beguile unstable souls ; the time being come that christ jesus will have all spirits to bow and bend to his spirit , which is , if they were acquainted with , they would not onely favourably resent , but lovingly entertain such discoveries and counsels as tend to their own , and the peoples knowledge of him , of whom many have as yet got but a sound of words , not knowing whereof they affirm . 1. ob. but divers of the before mentioned men would not have so taught , encouraged , or done the things they did in the bishops dayes , but that they were then under the bishops commands , and liable to their censures , so that they durst not disobey them , lest they should be silenced and lose their benefices , whereby themselves , wives , and children might have come to want , and they ought to provide for their families ; he denies the faith , and is worse then an infidel , which doth not that , and the like may be said in the beginning and time of the wars , some of them dwelling under the kings power , and others where the parliament had power , and likewise where both armies came upon occasions ; and further , that their affections led them , some to encourage and assist the one side and the other as they could have opportunities , &c. which i take to be their strongest reasons ; for i suppose none of them will now say , their altar-worships were done for conscience sake , much lesse will they say , they so laboured to set men to kill one another for conscience sake , or thereby to exalt themselves into greater authority and estates , and therefore briefly answer . an. it was christs meat and drink to do the will of his father , ( who came not to destroy mens lives , but to save them ) and his love in all his ministers constrains them to be obedient to him , and labour even so to walk as he walked , in all things seeking the good of others that they might be saved , but never did , taught , or allowed the doing of such things as these in any nation , or amongst any people upon any accouunt whatsoever , much lesse for a worldly maintenance , wives , children , or like affections to any man or thing ; and they that are such lovers of their own selves , fear outward wants , or so please men , cannot be the servants of christ , his ministers were never such , and therefore let no man deceive you so any more with vain words — besides this , who , or what enforced any such men so to preach or incite men to wars on the one side , or on the other ? or who occasioned such sidings , making parties , and causing enmity in each against other ? surely this parliament did it not , for that it was begun some years before they sate ; besides they were necessitated to make use of all means and helps they had or could conveniently have for their own and your safeties , and preservations , when the then king would not be perswaded to peace , but raised a war ( by means of many of these men ) in his own land , with and against his own subjects ; and yet where , or when did the parliament so much as imprison any of these men , because they would not preach in their names for wars , provided they sate quiet , and medled not against them . 2. ob. but the priests or ministers are not to be blamed in such cases , because what they do , is for the good of the peoples souls , to have them of an uniform religion , whereby to prevent sects , schismes , heresies , and all sorts of divisions amongst ●hem , wherein the magistratate is to take the said mens advice , and they to assist and help the magistrate therein , they being so usefull in government for support of authority , that all would fall into confusion without them , it being their duties to satisfie mens consciences , that all governments are of god , and to direct their minds to obedience and subjection to every ordinance of man in every change of government , and governours , and to help therein by inciting to wars or otherwise , as they shall see occasion . an. instead of doing good to your souls or bodies , have they not done the contrary on all occasions , pretending to be christs ministers , to preach the gospel of peace , when they stirred up strife , and prepared for war , and in stead of assisting in government ; been the disquieters of mens minds , disturbers of publick peace , hinderers of rulers in the making and due execution of righteous laws ; have not this sort of men been the causers of sects , schismes , heresies and divisions , and the means whereby governours and governments have been changed , ( with great hazard , charge and trouble to you ) when not suitable to their dispositions and intentions ? and is not this their compliance with , and pretending to assist magistrates , and do good to peoples souls , their great engine of deceit , whereby they invent and contrive your troubles , and carry on their subtil and crafty designs , under specious pretences , solemn formalities and ceremonies without spirit or life ? now let the wise in heart judge who in authority or otherwise have received any good by them or their counsels ; and whence else should your troubles have had their rise , the king have so raised his army , or came by his fall as he did , and ( others in ) somewhat a different manner ) before and since ? and contrarily , what peace and concord was in the parliaments faithfull and unanimous army ( in scorn called new noddle ) when this sort of men had least to do therein , & most imployed themselves in railings thereat ? doth the lord god change ? or do changes in governours or governments alter his mind , or the way of his worship and service ? or is his fear truly taught by the precepts of men , or are his ministers subject to changes , as governments change ? from popery to prelacy , from prelacy again to popery , to protestanisme , presbytery , independency , &c. hurrying people ( as it were ) headlong , sometimes one way , and sometimes another , thereby driving all as into confusion , and causing such to become sad sufferers that follow them not therein . consider whether these will be sufficient arguments to justifie before the lord jesus christ at his appearing in his glory and pure power to render to every man according to his deeds ; it is most manifest , that christs ministers would have rather suffered , ( and do willingly suffer at this day ) the spoiling of their goods , imprisonments , and bodily death , rather then yield to any such vile affections in themselves or others . consider also who enforced any of this sort of men , or what necessitated them to become such violent persecutors of consciencious men by the names of puritans , precisians , separatists non-conformists , brownists , anabaptists , seekers , quakers , &c. to commence and prosecute such and so many vexatious suits against their patrons , parishioners , and others , to hast so earnestly into each others livings , and turning wives and children forth of doors , to get augmentations unto their former benefices , to run from a lesse , to a greater benefice , to seek and take pluralities , to intrap men by oaths and covenants ; to revile and speak evil of persons in authority , to force mens goods from them without consideration , or such contract made with them , or such mens owning them in their deceitfull practices , to cause such and so many disturbances in the nations , or to become so nabal-like , that a man may not speak to them ; what rules or directions , are to be found in scriptures ( which they say is their rule ) for these things , & c ? the restraining of this sort of men , from making disturbances by medling with state matters , or otherwise ; from a forcible taking of mens goods ( that for conscience sake ) disapprove of their practises , and leaving the said men in equal condition with others , to prove their doctrines by their deeds , according-to the scriptures , as also clearly ascertaining your other rights and liberties , and securing you therein , might be a safe , speedy , and honourable way of proceeding in the cure of the yet unhealed wounds , ruptures and distempers of this common-wealth . and now to your omen herein ( about others ) concerned , consider soberly of your respective wayes and workings to accomplish your own ends , what your aims are , and how evilly you have required the lord god and this people of these nations for all the good things done for you , your wives , and children ; for i deal plainly with you in love to your souls and bodies , and desire to manifest that i have no hatred to any mans person , nor can be free to let sin lie upon your souls , but put you and others in mind of your former miscarriages , and reprove you soberly , as the onely lord god ( the righteous judge of all the earth ) hath commanded me , who is now shaking , not the earth onely , but the heavens also , that the things which cannot be shaken , may remain ; wherefore deal plainly , truly and faithfully with him and your souls , be willing at last to hearken to the voice of christ in his true light in your consciences ; bring all your deeds to that light , which never did , doth , or can deceive you in any thing , but ( as diligent heed is taken thereto ) will shew you plainly all your deeds ( done in your mortall bodies ) of what sort they have been , and are , with all your most secret thoughts thereupon , and intentions therein , with what you should do , and what you ought not to do ; for that would bring you to true repentance not to be repented of , teach you to walk honestly , as in the day , to put on the lord jesus christ , and make no provision for the flesh , to fulfill the lusts thereof , &c. hearken to that voice of the wel-beloved son , and wait for his appearance , that he may hearken unto you , and receive you graciously , before the doore of mercy be shut against you , sorrow , shame , and sadnesse overtake you , and so seise upon you , that you find no place for repentance , though you may seek it diligently with tears ; for there is such a day of black and thick darknesse hasting upon many evil doers that harden their hearts against christ , and would not he should reign over them , though that of him in all consciences shews how to come to him , and learn of him who was lowly , and meek , holy , and harmlesse , which is your duties in an especiall manner , lest ( after so many his warnings ) he leaves you to your hardnesse and hearts lusts , and say , why should they be smitten any more ; they are turned to idols , let them alone ; and then you justifie your selves , and act yet greater and greater abomination , in fighting against god , stirring up strife amongst the people , and belying the lords servants , his truth and true church , that is , without spot , blemish , wrinckle , or any such thing ; and what will you do in the end thereof ? there hath been a time of ignorance which the lord god hath seemed to wink at , but now calls upon all men every where to repent and believe in his onely begotten sonne , whose gospel never came in word onely , but in plain demonstration of his spirit and of power ; nor doth the faith of gods elect stand ( at all ) in the wisdome of man , but in the pure power of god ; as abraham believed god , and followed him , not knowing whither he went , so do they that are of the same faith , ( children of abraham ) at this day , being led by his spirit , and fitted with wisdome and great power for his spirituall work in this his notable day , wherein his angels appear spirits , and his true ministers a flame of fire in all lands , thereby reproving the world of sin , righteousness and judgement , gathering the wheat into his garner , and burning the chaffe with unquenchable fire ; even his day wherein the armies of heaven follow him , crushing down , and breaking in pieces every high thought , lofty look , and deceitfull thing , that exalteth it self against the kingdome of christ , and cannot worship you , nor any idols that you set up ( be they never so fair or well-favoured ) but ( as christs sheep ) should greatly rejoice to hear his voice in any of you ; but your strange voice they may not hear , nor can own your pharisaicall holinesse , your mock-fasts for strife and debate ; your railing accusations , cursing those that came in the name of the lord , or other abominable practices , which you exercise your selves in ( without any respect or reverence to truth ) because contrary to what is strained through your muddy brains , wherewith you have so defiled the nations , that the workers of iniquity have no more knowledge , but to run violently ( at your becks ) upon the lords people , to devour them as a man would eat bread , to condemn and kill the just that resist not , even the able ministers of the new testament , not of the letter , but of the spirit ( though some otherwise unlearned men ) whereby they approve themselves to every mans conscience in the sight of god , in afflictions , tumults , stripes , imprisonments , labours , &c. do not your hearts smart within you in thinking on the dolefull and deadly kne●s you have rung , and caused others to ring over this common-wealth , and yet do , ever seeking to put the people upon acts of violence one against another , thereby taking peace from the earth , under colour of advising some to take heed of being deceived by others ? when that of god in your consciences will tell you that it is by your inventions they are deceived , that you do or say therein , being not for very love to god and their souls , but for other ends then his service ; and how instead of being a sweet savour to god , as also in them that believe , and to them that perish you are become an evil savour , and stinch upon the face of the earth , in so much that it is sore burthened with you ; and can you be so blind , as not to see it , or not to think it high time for you to live quietly , as sober minded men , work with your hands , and eat your own bread , and permit others to do so likewise , or the magistrate to prevent such acts of violence , as many of you have , and yet do occasion , that those who have not yielded obedience to the light and law within , are to be governed by a law without , and they that observe the royall law , and live of the gospel , freely ( in all places ) to preach the gospel . would you have all people to believe , that as you buy learning , languages and arts for money at schools , that so ( therewith also ) you receive the gift of the holy ghost , and after that ( having laid your hands one upon another , and are placed in parishes ) what you have , or shall find out , invent and compose , as from books , and so take mony to tell of , or teach others , is the word of god to them for salvation of their souls ? or would you have it believed that you have any rule for what you do and teach , save onely your own , or other mens meanings and interpretations of the words and writings of the prophets , christ , and his disciples , as recorded in the scriptures , which you make use of as the chief instrument of your trade or craft , to get mony by , therewith beguiling unstable souls , that cannot cease from sinne ; i pray you consider what else doth it avail you to read , hear , study , invent , compose , and contend about words , while you abide in the enmity against god , and wrathfulnesse of the earthly nature , will and wisdome , even of that spirit which led gain to slay his brother ( because his own deeds were evil , and his brothers good ) the jews to crucifie christ , and stone stephen , and all the bloody persecutors ( in the antichristian state ) to torment ? slay , burn and massacre the bodies of all the martyrs , and that onely for the word of god , the testimony of jesus ; and those persecutors not being able to resist the wisdome of the holy spirit by which they spake , it being the very same spirit in you that hath occasioned some of you to cause such and so many vile things to be done , as would make a mans ears even tingle to hear tell of , which is the cause why you are generally in so great confusion , so ignorant of your duties to god and man , and of the people that are the worlds scorn , that bear the vessels and name of the lord at this day ; and why you conclude your selves and others are to continue in your sins , be of an erroneous and fallible spirit , while in these bodies of flesh , &c. must you indeed contiuue in sinne , remain sinners of the gentiles , or worse , for ( as it is written ) he that commits sinne is of the devil ; whhile so , what ground , rule or reason have you to suppose people should believe you , or hearken to your talk , or methodicall forms of words , more then unto others ? can that be good and pleasing to god that is mixt with sin , and performed by sinners , that take part with the evil one , gods enemy . doth any unclean thing come near his dwelling ? or did not christ jesus come to destroy the works of the devil , and bring in an eversasting rrighteousnesse ? be not alwayes slow of heart to believe what is written ; these your inventions shall certainly and speedily come to an end ; babylon shall fall and never rise again ; and therefore come out of her , make hast , tarry not , nor say within your selves , shall we confesse our ignorance of what we have so long laboured about , preached and contendded for , as the gospel of christ , and for which we have received so great yearly incomes from the people ? shall we bring so great a shame upon our selves , our office and ministry , as to say , we have been so long deceived , and deluded and deceived so many peoples souls that trusted to us and ou doctrine ; and thereby occasion every one to sleight , contemn , and despise us . must we lose all , part with all , or not be christs disciples ? learn to labour , and live like other men ; this is an hard saying , who can bear it ? &c. now at your perils be it , whether you hear or forbear , you have been plainly dealt with ; and if for all this , you remain obstinate , not willing to become fools for christs sake , that you may become wise unto him ; not willing to set aside all your ornaments of learning , arts , and naturall part , and stand single unto him , that he may know what to do to you for your good , but will indeed have your portions in this present evil world , you shall not onely have leannesse in your souls , but these things ( wherein you take delight , and which your hearts lust after ) shall be dead comforts , but living torments to you , and your blood be upon your own heads ; when christ shall say , depart from me , i knew you not , ye are workers of iniquity : go to the gods that you have served , and to the men and things that you have trusted in , &c. and now , all you people , i say again , hearken to the voice of christ in your consciences , wait , and watch there , that you may come to see how far you have been guilty against god , and occasioners of your own troubles , and sufferings , as evil-doers ; for it is written , that god moved david to number the people , because he had a purpose to destroy them , even so were the able men amongst you numbred before the late wars ; and when so , god will find out instruments , though such may be imployed by the evil one to their own ruine . these things before mentioned , were not all done in a corner , nor you remembred thereof to disquiet your minds , or to raise displeasure in you against any person , but as afore is said for their admonition , and your satisfaction , and future caution , wherein take diligent heed at all times , and stand clear of these men ; for you may be like to meet with tentations , such as you are not yet aware of ; here is the true cause of your troubles and trialls , for you to make the right use of , and as any of you become diligent observers of your duty , to god , you will discern things rightly , savour the things god , and fee them as they are , and use them as you ought , and then shall no man need to say to such , depart from the tents and ware-houses of such wicked men , or enter not into the idols temples , lest you defile the temple of god ; for if any man defile the temple of god , him will god destroy . there is now no serving two masters , no partaking of the table of the lord , and the table of devils : stand therefore in the daily crosse unto that , and in that , which is contrary to mans own will , desires , affections , reasonings , and words of wisdome , and so abide faithfull unto him that hath so called , who will also do it , &c. but then look to be made a by-word amongst others , a derision to them that are round about you , and it is also like the devil may cast some of you into prison , and tribulation you may have , which ( according to the integrity of your hearts , and cleannesse of your hand● ) shall be to your spirituall advantages , whereby to become wiser then your enemies , as continually refreshed and strengthened in the inner man , by the ever-springing fountain of life and love that runs through the earth , to accomplish that for which it is sent , which many of you yet see not , because your eyes are shut ; christ jesus came to open the blind eyes , and right blessed are their eyes that see , and receive the inheritance amongst them that are sanctified through faith in him , though derided , falsely accused , and set at naught ( as the good way of the lord , his service and servants have been and are ) cruelly persecuted & said to be troubles ( as elijah was ) even by many of those men that oft have , and yet do strive to trouble and overtop the whole common-wealth , as others ( of that sort of men ) before them , though in somewhat a different manner , &c. have not some such men done more mischief in a few weeks or dayes , then could be amended in much longer time ( besides your sad sufferings thereby ) by causing ( as it were ) the foundations of the earth to be turned out of course , occasioning changes in governments and governours ? and is it not evident , that they who can so far prevail , as to have set up again , and pulled down ? ( at their pleasures ) can also throw the same down again ( by like means ) when that serves not their ends , whereof not onely histories , but your own experience , do ( in part ) make manifest and discover ? by whom , and in what way confusions of mens minds and manners , changes of religion , laws , and states , as also was , spilling the blood of the saints , and other miseries to mankind , have come in all ages of antichrist . some speaking in your cases , will say that the late bishops were an inconsiderable number of men , had not many more assisted , and led on others also , as the multitude , to act and carry on their designs ; and as for the late king , he was but one person , and therefore his evil councel and assistants were all along chiefly charged rather then he ; and will also say , that you ( the people ) desired peace ( rather then war ) and a quiet living , untill incited , stirred up and provoked to strife , and intestine wars , one part against another ; and therefore certainly there be yet some men justly to be esteemed great offenders therein , the guiltiness of whose cause and consciences cannot be separated , and yet have so ( fox like ) lurked in their dens vnder the shelter of one authority after another , as that they have escaped the hand of justice , and not been dealt with , if discovered , although at some times crying out against authority , and at other times to authority to help them and defend them from but being soberly spoken to : it is not here said , what such men deserved , or do deserve for all these their sundry sorts of services ( when particularly discovered with their respective deeds ) nor what is become of the magistrates , that hitherto have taken such for their counsellours , and patronized them . these are things that the righteous judge of all the earth will yet further call to account , who hath looked down from the habitation of his holiness and glory , and taken his peoples cause into his own hands , and appears therein , with affection to them , ( as being afflicted in all their afflictions ) and indignation against his enemies , who ( if they so continue but a little while shall become like bell and the dragon , empty idols , ( seem they now never so great in this world ) so that all others sh 〈…〉 see whereof they are made ; for the lord god of glory will speedily ●read down sathan under the feet of his saints that art dear and precious in his sight , what ever others deem of them . the fourth mo●●h . 1659. the end . reasons of the present judgement of the vniversity of oxford, concerning [brace] 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. university of oxford. convocation. this text is an enriched version of the tcp digital transcription a94141 of text r18621 in the english short title catalog (thomason e391_15). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 91 kb of xml-encoded text transcribed from 22 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a94141 wing s623 thomason e391_15 estc r18621 99860440 99860440 112560 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a94141) transcribed from: (early english books online ; image set 112560) images scanned from microfilm: (thomason tracts ; 62:e391[15]) reasons of the present judgement of the vniversity of oxford, concerning [brace] 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. university of oxford. convocation. zouch, richard, 1590-1661. langbaine, gerard, 1609-1658. sanderson, robert, 1587-1663. [8], 35, [1] p. s.n.], [london : printed in the yeare, 1647. "stated by wood to have been drawn up by dr. robert sanderson in what referred to reason and conscience, and by dr. richard zouche in the legal part, with the help of certain delegates [including gerard langbaine.]"--madan 1926. place of publication from wing. the words "the solemne .. vvorship." are bracketed together on title page. with errata on f2r. annotation on thomason copy: "june 9th". reproduction of the original in the british library. eng university of oxford -early works to 1800. solemn league and covenant (1643). -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a94141 r18621 (thomason e391_15). civilwar no reasons of the present judgement of the vniversity of oxford,: concerning [brace] the solemne league and covenant. the negative oath. the o university of oxford. convocation 1647 15556 54 5 0 0 0 0 38 d the rate of 38 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-02 tcp assigned for keying and markup 2007-02 apex covantage keyed and coded from proquest page images 2007-03 emma (leeson) huber sampled and proofread 2007-03 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion 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 . academia . oxoniensis . 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 jreland . 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 jesus 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 c●urch 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 blessed union and conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferencie or neutrality i● this caus● , 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 therei● , against all opposition & promote th esame 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 jesus 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 reformation , that the lord may turn away his wrath and heavy indignation , and establish these churches and kingdoms in truth and peace . and this covenant we make in the presence of almighty god the searcher of all hearts , with a true intention to perform the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to blesse our desires and proceedings with such successe , as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoke of antichristian tyrannie ; to joyn in the same , or like association and covenant , to the glory of god , the enlargement of the kingdome of jesus christ , and the peace and tranquility of christian kingdoms and common-wealths . the negative oath . i a. b. doe sweare from my heart , that j will not directly , nor indirectly , adhere unto , or willingly assist the king in this war ▪ or in this cause , against the parliament , nor any forces raised without the consent of the two houses of parliament , in this cause or warre : and j doe likewise sweare , that my comming and submitting my selfe under the power and protection of the parliament , is without any manner of designe whatsoever , to the prejudice of the proceedings of this present parliament , and without the direction , privity , or advice of the king , or any of his councell , or officers , other then what j have now made knowne . so helpe me god , and the contents of this booke . reasons why the vniversity of oxford cannot submit to the covenant , the negative oath , the ordinance concerning discipline and directory mentioned in the late ordinance of parliament for the visitation of that place . whereas by an ordinance of the lords and commons assembled in parliament , for the visitation and reformation of the university of oxford lately published , power is given to certain persons therein named as visitors , to enquire concerning those of the said university that neglect to take the solemne league and covenant , and the negative oath being tendred unto them , and likewise concerning those that oppose the execution of the ordinances of parliament concerning the discipline and directory , or shall not promote or cause the same to be put in execution according to their severall places and callings , we the masters , scholars , and other officers and members of the said university , not to judge the consciences of others , but to cleare our selves before god and the world from all suspicion of obstinacie , whilst we discharge our own , present to consideration the true reasons of our present judgment concerning the said covenant , oath , and ordinances : expecting so much justice , and hoping for so much charity , as either not to be pressed to conforme to what is required in any the premisses , further then our present judgements will warrant us ; or not condemned for the refusing so to doe , without cleare and reall satisfaction given to our just scruples . §. i. of the pr●fac● to the coven●●t . the exceptions against the introductory preface to the covenant although we insist not much upon , because it may be said to be no part of the covenant : yet among the things therein contained , the acknowledgment whereof is implicitely required of every covenanter , 1. we are not able to say , that the rage , power , and presumption of the enemies of god ( in the sense there intended ) is at this time increased . 2. nor can truly affirme that we had used , or given consent to any supplication or remonstrance to the purposes therein expressed . 3. nor doe conceive the entring into such a mutuall league and covenant to be a lawfull , proper and probable meanes to preserve our selves and our religion from ruine and destruction . 4. nor can believe the same to be according to the commendable practice of these kingdomes , or the example of gods people in other nations . when we find not the least foot-step in our histories of a sworne covenant ever entred into by the people of this kingdome upon any occasion whatsoever ; nor can readily remember any commendable example of the like done in any other nation : but are rather told by the defenders of this covenant , that a the world never saw the like before . §. ii. of the covenant in grosse . first , we are not satisfied , how we can submit to the taking thereof , as it is now imposed under a penalty . 1. such imposition ( to our seeming ) being repugnant to the nature of a covenant : which being a contract implyeth a a voluntary mutuall consent of the contractors ; whereunto men are to be induced by perswasions , not compelled by power . in so much that the very words of this covenant in the preface , conclusion , and whole frame thereof runne in such a forme throughout , as import a consent rather grounded upon prudentiall motives , then extorted by rigour . 2. without betraying the liberty , which by our protestation we are bound , and in the third article of this covenant must sweare , with our lives and fortunes to preserve . to which liberty the imposition of a new oath , other then is established by act of parliament , is expressed in the b petition of right , and by the lords and commons in their c declarations acknowledged to be contrary . 3. without acknowledging in the imposers , a greater power then , for ought that appeareth to us , hath been in former time challenged ; or can consist with our former protestation ( if we rightly understand it ) in sundry the most materiall branches thereof . neither , secondly , are we satisfied ; although the covenant should not be imposed upon us at all , but only recommended to us , and then left to our choice ; 1. how we should in wisedome and duty ( being subjects ) of our own accord and free will enter into a covenant , wherein he , whose subjects we are , is in any wise concerned , without his consent , either expressed or reasonably presumed . it being in his power ( as we conceive ) by the equity of the law , numb. 30. to annull and make void the same at his pleasure . 2. how we can ( now that his majesty hath by his publique d interdict sufficiently made known his pleasure in that behalfe ) enter into a covenant , the taking whereof he hath expresly forbidden ; without forfeiting that obedience , which ( as we are perswaded ) by our naturall allegiance and former oathes we owe unto all such his majesties commands , as are not in our apprehensions repugnant to the will of god , or the positive laws of this kingdome . § iii. of the first article of the covenant . wherein , first , we are not satisfied , how we can with judgement sweare to endeavour to preserve the religion of another kingdome ; 1. whereof , as it doth not concerne us to have very much , so we professe to have very little understanding . 2. which ( so far as the occurrents of these unhappy times have brought it to our knowledge , and we are able to judge ) is in three of the foure specified particulars , viz. worship , discipline , and government , much worse ; and in the fourth ( that of doctrine ) not at all better then our own ; which we are in the next passage of the article required to reforme . 3. wherein if hereafter we shall find any thing ( as upon farther understanding thereof it is not impossible we may ) that may seem to us favouring of popery , superstition , heresie , or schisme , or contrary to sound doctrine , or the power of godlinesse ; we shall be bound by the next article to endeavour the extirpation , after we have bound our selves by this first article to the preservation thereof . 4. wherein we already find some things ( to our thinking ) so far tending towards ( a ) superstition and b schisme , that it seemeth to us more reasonable that we should call upon them to reforme the same , then that they should call upon us to preserue it . secondly , we are not satisfied in the next branch , concerning the reformation of religion in our own kingdome , in doctrine , worship , discipline and government ; how we can sweare to endeavour the same , ( which without making a change therein cannot be done , ) 1. without manifest scandall to the papist and separatist , 1. by yeelding the cause , which our godly bishops and martyrs , and all our learned divines ever since the reformation have both by their writings and sufferings maintained ; who have justified , against them both , the religion established in the church of england to be agreeable to the word of god . 2. by justifying the papists in the reproaches and scorne by them cast upon our religion , whose usuall objection it hath been and is , that we know not what our religion is ; that since we left them , we cannot tell where to stay ; and that our religion is a c parliamentary religion . 3. by a tacite acknowledgement that there is something both in the doctrine and worship , whereunto their conformity hath been required , not agreeable to the word of god ; and consequently justifying them both , the one in his recusancy , the other in his separation . 4. by an implied confession , that the lawes formerly made against papists in this kingdome , and all punishments by virtue thereof inflicted upon them , were unjust ; in punishing them for refusing to joyne with us in that forme of worship , which our selves ( as well as they ) doe not approve of . 2. without manifest wrong unto our selves , our consciences , reputation and estates ; in bearing false witnesse against our selves , and sundry other wayes : by swearing to endeavour to reforme that , as corrupt and vicious ▪ 1. which we have formerly by our personall subscriptions approved , as agreeable to gods word : and have not been since either condemned by our own hearts for so doing ▪ or convinced in our judgements by any of our brethren that therein we did amisse . 2. which in our consciences we are perswaded ▪ not to be in any of the foure specified particulars ( as it standeth by law established ) much lesse in the whole foure , against the word of god . 3. which we verily believe ( and , as we think upon good grounds ) to be in sundry respects much better , and more agreeable to the word of god , & the practice of the catholique church , then that which we should by the former words of this article sweare to preserve . 4. whereunto the d lawes yet in force require of all such clerks as shall be admitted to any benefi●e , the signification of their hearty assent , to be attested openly in the time of divine service before the whole congregation there present , within a limited time , and that under pain ( upon default made ) of the losse of every such benefice . 3. without manifest danger of perjury : this branch of the article ( to our best understandings ) seeming directly contrary 1. to our former solemne protestation , which we have bound our selves neither for hope , feare , or other respect ever to relinquish . wherein the doctrine which we have vowed to maintaine , by the name of the true protestant religion expressed in the doctrine of the church of england , we take to be the ●ame which now we are required to endeavour to reform and alter . 2. to the oath of supremacy , by us also taken , according to the lawes of the realme , and the statutes of our university in that behalfe . wherein having first testified and declared in our consciences , that the kings highnesse is the only supreme governour of this realme , we doe after swear to our power to assist and d●fend all jurisdictions , privileges , preheminences , and authorities granted or belonging to the kings highnesse , his heires , and successors , or united and annexed to the imperia●● crow●● of this realm● . one of the which privileges and preheminences , by an expresse statute so annexed , and that even , in termi●● , in the selfe-same words in a manner with those used in the oath , is the whole power of spirituall or ecclesiasticall jurisdiction , for the correction and reformation of all manner of errors and abuses in matters ecclesiasticall : as by the e words of the said statute more at large appeareth . the oath affording the proposition , and the statute the assumption , we find no way how to avoyd the conclusion . §. iv. of the second article of the covenant . first , it cannot but affect us with some griefe and amazement , to see that antient forme of church-government , which we heartily ( and , as we hope , worthily ) honour ; as under which our religion was at first so orderly , without violence or tumuk , and so happily , reformed ; and hath since so long flourished with truth and peace , to the honour and happinesse of our owne , and the envy and admiration of other nations , not only 1. endeavoured to be extirpated ; without any reason offered to our understandings , for which it should be thought necessary , or but so much as expedient so to doe . but also 2. ranked with popery , superstition , heresie , schisme and prophanesse ; which we unfainedly professe our selves to detest as much as any others whatsoever . 3. and that with some intimation also , as if that government were some way or other so contrary to sound doctrine , or the power of godlinesse , that whosoever should not endeavour the extirpation thereof must of necesssity partake in other mens sins , which we cannot yet be perswaded to believe . 4. and we desire it may be considered , in case a covenant of like forme should be tender'd to the citizens of london , wherein they should be required to sweare , they would sincerely , really and constantly without respect of persons , endeavour the extirpation of treason , the city government ( by a lord major , aldermen , sheriffes , common-councel and other officers depending thereon ) murther , adultery , theft , cosenage , and whatsoever shall be , — &c. lest they should partake in other mens sinnes ; whether such a tendry could be looked upon by any citizen that had the least spirit of freedome in him as an act of justice , meeknesse and reason ? secondly , for episcopall government ; we are not satisfied how we can with a good conscience sweare to endeavour the extirpation thereof , 1. in respect of the thing it selfe . concerning which government we thinke we have reason to believe , 1. that it is ( if not jure divino in the strictest sense , that is to say , expressely commanded by god in his word , yet ) of apostolicall ▪ institution , that is to say , was established in the churches by the apostles , according to the mind and after the example of their master jesus christ , and that by virtue of their ordinary power and authority derived from him , as deputed by him governors of his church . 2. or at least , that episcopall aristocracy hath a fairer pretension , and may lay a juster title and claime to a divine institution then any of the other formes of church-government can doe ; all which yet do pretend thereunto , viz. that of the papall monarchy , that of the presbyterian democracy , and that of the independents by particular congregations , or gathered churches . 2. but we are assured by the undoubted testimony of antient records and later histories , that this forme of government hath beene continued with such an universall , uninterrupted , unquestioned succession in all the churches of god , and in all kingdomes that have beene called christian throughout the whole world for fifteen hundred yeers together ; that there never was in all that time any considerable opposition made there against . that of aërius was the greatest , wherein yet there was little of consideration , beside these two things : that it grew at the first but out of discontent ; and gained him at the last but the reputation of an heretique . from which antiquity and continuance , we have just cause to fear , that to endeavour the extirpation thereof , 1. would give such advantage to the papists , who usually object against us , and our religion , the contempt of antiquity , and the love of novelty ; that we should not be able to wipe off the aspersion . 2. would so diminish the just authority due to the consentient judgement and practice of the universall church ( the best interpreter of scripture in things not clearly exprest ; for lex currit cum praxi : ) that without it we should be at a losse in sundry points both of faith and manners , at this day firmely believed and securely practiced by us ; when by the socinians , anabaptists , and other sectaries we should be called upon for our proofes . as namely sundry orthodoxall explications concerning the trinity and co-equality of the persons in the god-head , against the arians and other heretiques ; the number , use and efficacy of sacraments ; the baptising of infants ; nationall churches ; the observation of the lords-day ; and even the canon of scripture it self . thirdly , in respect of our selves ; we are not satisfied , how it can stand with the principles of justice , ingenuity , and humanity , to require the extirpation of episcopall government ( unlesse it had been first cleerly demonstrated to be unlawful ) to be sincerely and really endeavoured , by us , 1. who have all of us , who have taken any degree by subscribing the 39. articles , testified our approbation of that government : one of those a articles affirming the very book containing the form of their consecration to contain in it nothing contrary to the word of god . 2. who have most of us ( viz. as many as have entred into the ministery ) received orders from their hands : whom we should very ill requite for laying their hands upon us , if we should now lay to our hands to root them up , and cannot tell for what . 3. who have sundry of us , since the beginning of this parliament , subscribed our names to petitions exhibited or intended to be exhibited to that high court , for the continuance of that government . which as we then did sincerely and really , so we should with like sincerity and reality , still ( not having met with any thing since to shew us our errour ) be ready to doe the same again , if we had the same hopes we then had of the reception of such petitions . 4. who hold some of us our livelyhood , either in whole or in part , by those titles of deanes , deanes and chapters , &c. mentioned in the articles ; being members of some collegiate or cathedrall churches . and our memories will not readily serve us with any example in this kind since the world began ; wherein any state or profession of men , though convicted ( as we are not ) of a crime that might deserve deprivation , were required to bind themselves by oath , sincerely and really to endeavour the rooting out of that ( in it selfe not unlawfull ) together wherewith they must also root out themselves , their estates and livelyhoods . 5. especially it being usuall in most of the said churches , that such persons as are admitted members thereof , have a personall oath administred unto them , to maintain the honour ▪ immunities , libertyes , and profits of the same ; and whilst they live to seeke the good , and not to doe any thing to the hurt , hindrance , or prejudice thereof ; or in other words to the like effect . fourthly , in respect of the church of england : we are not satisfied how we can swear to endeavour the extirpation of the established government ▪ no necessity or just cause for so doing , either offering it selfe , or being offered to our understandings . 1. since all change of government unavoidably bringeth with it , besides those that are present and evident , sundry other ●●●onveniences , which no wit of man can possibly fore-see to provide against , till late experience discover them : we cannot be sure , that the evils which may ensue upon the change of this government , ( which hath been of so long continuance in this kingdome , is so deeply roo●ed in the lawes thereof , and hath so neere a conjunction with , and so strong an influence upon the civill state and government , as that the change thereof must infer the necessity of a great alteration to be made in the other also ; ) may not be greater then the supposed evils whatsoever they are , which by this change are sought to be remedied . for there are not yet any come to our knowledge of that desperate nature , as not to be capable of other remedy , then the utter extirpation of the whole government it selfe . 2. whereas the house of commons have b remonstrated , that it was far from their purpose or desire to abolish the church-government , but rather that all the members of the church of england should be regulated by such rules of order and discipline as are established by parl●ament , and that it was malignancie to infuse into the people that they had any other meaning : we are loth by consenting to the second article to become guilty of such infusion , as may bring us within the compasse and danger of the fourth article of this covenant . 3. since it hath been declared by sundry c acts of parliament , that the holy church of england was founded in the state of prelacy within the realm of england : we dare not by endeavouring the extirpation of prelacy , strike at the very foundation , and thereby ( as much as in us lyeth ) cooperate towards the ●●ine of this famous church ; which in all conscience and d●ty we are bound with out utmost lawfull power to uphold . lastly , in respect of our obligations to his majesty by our duty and oathes : we are not satisfied how we can swear 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 , jurisdictions , 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 kingdomes , 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. swea●ing with such a limitation ) have made our selves guilty of an actuall and reall dimi●●tion ( 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 resolute papist or sectary may securely swallow , and the conscience of a good protestant cannot but str●in 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 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 cle●rnesse of their intentions ; whether the subjecting of our selves and brethren by oath , unto such punishments as shall be inflicted upon us ( without law or merit ) at the sole pleasure of such uncertaine judges as shall be upon any particular occasion deputed for that effect , of what mean quality or abilities soever they be , even to the taking away of our lives , if they shall think it convenient so to doe , though the degree of our offences shall not require or deserve the same ; be not the betraying of our liberty in the lowest , and the setting up of an arbitrary power in the highest degree , that can be imagined . the substance of the fift article , being the settling and continuance of a firm peace and union between the three kingdomes , since it is our bounden duty to desire , and according to our severall places and interests by all lawfull meanes to endeavour the same : we should make no scruple at all to enter into a covenant to that purpose , were it not 1. that we doe not see , nor therefore can acknowledge the happinesse of such a blessed peace between the three kingdomes ( for we hope ireland is not forgotten ) as in the article is mentioned : so long as ireland is at war within it self , and both the other kingdomes engaged in that war . 2. that since no peace can be firme and well-grounded that is not bottom'd upon justice , the most proper and adequate act whereof is , jus suum cuique , to let every one have that which of right belongeth unto him ; we cannot conceive how a firm and lasting peace can be established in these kingdomes , unlesse the respective authority , power , and liberty of king , parliament , and subject , as well every one as other , be preserved full and entire , according to the known lawes and continued unquestioned customes of the severall kingdomes in former times , and before the beginning of these sad distractions . in the sixth article we are altogether unsatisfied . 1. the whole article being grounded upon a supposition , which hath not yet been evidenced to us , viz. that this cause , meaning thereby ( or else we understand it not ) the joyning in this covenant of mutuall defence for the prosecution of the late war , was the cause of religion , liberty , and peace of the kingdomes ; and that it so much concerned the glory of god , and the good of the kingdomes , and the honour of the king . 2. if all the premisses were so cleare , that we durst yeeld our free assent thereunto , yet were they not sufficient to warrant to our consciences what in this article is required to be sworn of us ; unlesse we were as clearly satisfied concerning the lawfulnesse of the means to be used for the supporting of such a cause . for since evill may not be done , that good may come thereof ; we cannot yet be perswaded , that the cause of religion , liberty , and peace , may be supported ; or the glory of god , the good of the kingdomes , and the honour of the king sought to be advanced , by such means , as ( to our best understandings ) are both improper for those ends , and destitute of all warrant from the lawes , either of god , or of this realm . lastly , in the conclusion , our hearts tremble to think , that we should be required to pray that other christian churches might be encouraged by our example to joyn in the like association and covenant , to free themselves from the antichristian yoke , &c. wherein 1. to omit that we doe not know any antichristian yoke under which we were held in these kingdomes , and from which we owe to this either war or covenant our freedome : unlesse by the antichristian yoke be meant episcopall government , which we hope no man that pretendeth to truth and charity will affirm . 2. we doe not yet see in the fruits of this association or covenant among our selves , any thing so lovely asto invite us to desire ( much lesse to pray ) that other christian churches should follow our example herein . 3. to pray to the purpose in the conclusion of the covenant expressed , seemeth to us all one in effect , as to beseech almighty god , the god of love and peace , 1. to take all love and peace out of the hearts of christians , and to set the whole christian world in a combustion . 2. to render the reformed religion , and all protestants odious to all the world . 3. to provoke the princes of europe to use more severity towards those of the reformed religion : if not ( for their own security ) to root them quite out of their severall dominions . 4. the tyrannie and yoke of antichrist , if laid upon the necks of subjects by their lawfull soveraigns , is to be thrown off by christian boldnes in confessing the truth , and patient suffering for it ; not by taking up arms , or violent resistance of the higher powers . §. vi . some considerations concerning the meaning of the covenant . our aforesaid scruples are much strengthned by these ensuing considerations . first that whereas no oath , which is contradictory to it selfe , can be taken without perjury ; because the one part of every contradiction must needs be false : this covenant either indeed containeth , or at leastwise ( which to the point of conscience is not much lesse effectuall ) seemeth to us to contain sundry contradictions : as namely , amongst others , these : 1. to preserve as it is , without change , and yet to reforme and alter , and not to preserve , one and the same reformed religion . 2. absolutely and without exception to preserve ; and yet upon supposition to extirpate the self-same thing , viz. the present religion of the church of scotland . 3. to reform church-government established in england and ireland , according to the word of god : and yet to extirpate that government which we are perswaded to be according thereunto , for the introducing of another whereof we are not so perswaded . 4. to endeavour really the extirpation of heresies , schismes and profanenesse ; and yet withall to extirpate that government in the church , the want of the due exercise whereof we conceive to have been one chief cause of the growth of the said evils ; and doe beleeve the restoring and continuance thereof would be the most proper and effectuall remedy . 5. to preserve with our estates and lives , the liberties of the kingdome ; that is , ( as in the protestation is explained ) of the subject ; and yet contrary to these liberties , to submit to the imposition of this covenant , and of the negative oath not yet established by law : and to put our lives and estates under the arbitrary power of such as may take away both from us when they please , not onely without , but even against law , if they shall judge it convenient so to doe . secondly , we find in the covenant , sundry expressions of dark or doubtfull construction : whereunto we cannot sweare in judgement , till their sense be cleared and agreed upon . as , who are the common enemies ? and which be the best reformed churches ? mentioned in the first article . who ( in the fourth article ) are to be accounted malignants ? how far that phrase of hindring reformation may be extended ? what is meant by the supreme judicatory of both kingdomes ? and sundry other . thirdly , by the use that hath been made of this covenant , ( sometimes to purposes of dangerous consequence ) we are brought into some fears and jealousies , lest by taking the same we should cast our selves into more snares then we are yet aware of . for in the first article , 1. whereas we are to endeavour the reformation of religion in this kingdome , in doctrine , worship , discipline , and government , according to the word of god , and the example of the best reformed churches : 1. the reformation in worship ( whereby we could not suppose any more was intended ( according to their former a declaration ) then a review of the service-book , that the translations might be in some places amended , some alterations made in the offices and rubricks ; or at most some of the ceremonies laid aside for the reasons of expediency and condescension ) hath produced an utter abolition of the whole form established : without substituting any other certain form in the room thereof . 2. the reformation in point of discipline and government intended ( so far as by the overtures hitherto made we are able to judge ) is such , as we conceive not to be according to the word of god , nor ( for any thing we know ) according to the example of any church that ever was in the world ( best or worst ) since the creation . 2. in the second article , our griefe and fears had been lesse , if we could have observed the extirpation of popery , heresie , schisme , and profanenesse , to have been as really intended , and set on with as much speed and animosity , as the extirpation of prelacy , and that which some call superstition . but when we see , under the notions of rooting out prelacy and superstition , so much quicknesse used to fetch in the revenues of the church , and the sacred utensils , ( no otherwise guilty of superstition , for ought we know , then that they are worth something ) and on the other side , so little yet done toward the extirpation of heresie , schisme , and profanenesse , ( as things of lesse temporall advantage . ) we cannot dissemble our suspicion , that the designers of this covenant might have something else before their eyes besides what in the begining of the introduction is expressed ; and that there is something meant in this article , that looketh so like sacrilege , that we are afraid to venture thereon . 3. in the third article 1. although we should not otherwise have apprehended any matter of danger or moment in the ordering of the particulars , in the article mentioned : yet since m. challoner in his speech , and others have made advantage thereof to infer from that very order , that the defence of the kings person and authority ought to be with subordination to the preservation of the rights and privileges of parliaments , and the liberties of the kingdome , which are in the first place , and before it to be endeavoured ; we hope we shall be excused , if we dare not take the covenant in this sense ; especially , considering that if the argument be of any force , it will bind us at least , as strongly to endeavour the maintenance of the kings person , honour and estate in the first place , and the rest but subordinately thereunto ; because they are so ordered in the protestation : and then , that protestation having the advantage of preceding , it will bind us more strongly , as being the first obligation . 2. whereas some have been the rather induced to take the covenant in this particular by being told , that that limitation , in the preservation and defence of the true religion and liberties of the kingdomes was not to be understood exclusively : yet when we finde that the house of commons in their answer to the scottish papers , doe d often presse that limitation , as without which the endeavouring to preserve the kings majesties person and authority ought not to be mentioned ; it cannot but deter us from taking the covenant in this particular so understood . 3. especially being told in a late pamphlet , that the king not having preserved the liberties of the kingdome , &c. as of duty he ought , is thereby become a tyrant , and so ceaseth to be a king , and consequently that his subjects cease to be subjects , and owe him no longer subjection . which assertion , since we heartily detest , as false and scandalous in the supposition , and in the inference seditious and divelish ; we dare not by subscribing this article seeme to give the least countenance thereunto . 4. but it striketh us with horror to think what use hath been made of this fourth article ; concerning the punishment of malignants , &c. as by others otherwayes ; so especially by the corrector of a speech without dores , written in the defence of m. challoners speech : who is so bold as to tell the parliament , that they are bound by their covenant ▪ ( for the bringing of evill instruments to condigne punishment ) to destroy the king and his posterity ; and that they cannot justifie the taking away of straffords and canterburies lives for delinquency , whilst they suffer the cheif delinquent to goe unpunished . §. vii . of the salvo's . the salvo's that we have usually met withall , for the avoyding of the aforesaid scruples , either concerning the whole covenant , or some particulars therein of speciall importance : we find upon examination to be no way satisfactory to our consciences . the first is that we may take the covenant in our own sense : but this ( in a matter of this nature , viz. an imposed promisory oath , in the performance whereof others also are presumed to be concerned ) seemeth to be 1. contrary to the nature and end of an oath , which unlesse it be full of simplicity , cannot be sworn in truth and righteousnesse , nor serve to the ending of controversies and contradictions , which was the use for which it was instituted , heb. 6. 2. contrary to the end of speech : god having given us the use of speech for this end , that it might be the interpreter of the minde ; it behoveth us as in all other our dealings and contracts , so especially where there is the intervention of an oath , so to speak as that they , whom it concerneth , may clearly understand our meaning by our words . 3. contrary to the end of the covenant it self . which being the confirmation of a firm union among the covenanters , that by taking thereof they might have mutuall assurance of mutuall assistance & defence : if one may be allowed to take it in one sense , & another in a contrary ; the covenanters shall have no more assurance of mutuall assistance each from other after the taking of the covenant , then they had before . 4. contrary to the solemne profession made by each covevanter ( in expresse termes in the conclusion thereof ) in the presence of almighty god , the searcher of all hearts , that he taketh it with a true intention to perform the same , as he shall answer it at the great day . 2 this will bring a scandall upon our religion , 1. that we practice that our selves , which we condemne in the papist , viz. swearing with jesuiticall equivocations and mentall reservations . 2. that we take the glorious and dreadfull name of god in vaine ; and play fast and loose with oathes : in as much as what we swear to day in one sense , we may swear the direct contrary to morrow in another . and 3. it will give strength to that charge which is layd to the presbyterian party , in speciall , both a by jesuites and b sectaries ; that there is no faith to be given to protestants , whatever they swear ; because they may swear one thing in their words , and in their own sense mean another . the second way is , to take the covenant with these or the like generall salvo's express●d , viz. so far as lawfully i may ; so far as it is agreeable to the word of god , and the lawes of the land ; saving all oathes by me formerly taken , &c. but 1. we beleeve this mocking of god would be so far from freeing us from the guilt of perjury , that thereby we should rather contract a new guilt of most vile and abominable hypocrisie . 2 it seemeth all one unto us ( the thing being otherwise supposed unlawfull ) as if we should swear to kill , steal , commit adultery , or forswear our selves , so far as lawfully we may . 3. if this would satisfie the conscience , we might with a good conscience not only take the present covenant , but even subscribe to the councell of trent also ; yea , and to the turkish alcoran ; and swear to maintain and defend either of them , viz. so far as lawfully we may , or as they are agreable to the word of god . thirdly , for the second article in particular , in the branch concerning the extirpation of church-government , we are told that it is to be understood of the whole government , taken collectively and in sensu composito , so as if we doe endeavour but the taking away of apparitors only , or of any other one kind of inferiour officers belonging to the ecclesiastcall hierarchy , we shall have sufficiently discharged our whole promise in that particular without any prejudice done to episcopacy . but 1. neither the composers of the covenant by their words , nor the imposers of it by their actions , have given us the least signification that they meant no more . 2. yea rather , if we may judge either by the cause or the effects , we may well think there was a meaning to extirpate the whole government , and every part thereof in the article expressed . for 1. the covenant being ( as we have no cause to doubt ) framed at the instance of the scots and for the easier procuring of their assistance in the late war , was therefore in all reason so to be framed and understood as to give them satisfaction , & ( considering what themselves have c declared ) against episcopacy , we have little reason to beleeve the taking away apparitors , or any thing , lesse then the rooting out of episcopacy it self , would have satisfied them . 2. the proceedings also since the entring of this covenant in endeavouring by ordinance of parliament to take away the name , power , and revenues of bishops doe sadly give us to understand , what was their meaning therein . fourthly , as to the scruples that arise from the soveraignty of the king , and the duty of allegiance as subjects ; we find two severall wayes of answering , but little satisfaction in either . 1. the former , by saying ( which seemeth to us a piece of unreasonable and strange divinity ) that protection and subjection standing in relation either to other , the king being now disabled to give us protection , we are thereby freed from our bond of subjection . whereas 1. the subjects obligation ( jus subjectionis ) doth not spring from , nor relate unto the actuall exercise of kingly protection ; but from and unto the princes obligation to protect ( jus protectionis . ) which obligation lying upon him as a duty which he is bound in conscience to performe , when it is in his power so to doe ; the relative obligation thereunto lyeth upon us as a duty which we are bound in conscience to performe , when it is in our power so to doe . his inability therefore to performe his duty doth not discharge us from the necessity of performing ours , so long as we are able to doe it . 2. if the king should not protect us , but neglect his part , though having power and ability to perform it ; his voluntary neglect ought not to free us from the faithfull performance of what is to be done on our part . how much lesse then ought we to think our selves dis-obliged from our subjection , when the non-protection on his part is not from the want of will , but of power ? 2. the later ( wherein yet some have triumphed ) by saying that the parliament being the supreme judicatory of the kingdome , the king , wheresoever in person , is ever present there in his power , as in all other courts of justice : and that therefore whatsoever is done by them , is not done without the king , but by him . but craving pardon first , if in things without our proper sphere we hap to speak unproperly or amisse ; we must next crave leave to be still of the same mind we were , till it shall be made evident to our understandings , that the king is there in his power , as it is evident to our senses that he is not there in his person : which so far as our naturall reason and small experience will serve us to judge , all that hath been said to that purpose can never doe . for , first , to the point of presence : 1. we have been brought up in a beliefe that for the making of lawes the actuall d royall assent was simply necessary , and not onely a virtuall assent supposed to be included in the votes of the two houses : otherwise , what use can be made of his negative voice ? or what need to e desire his royall assent , to that which may be done as well without it ? 2. the f statute , providing that the kings assent to any bill signified under his great seal shall be to all intents of law as valid & effectual , as if he were personally present , doth clearly import that as to the effect of making a law , the kings power is not otherwise really present with the two houses , then it appeareth either in his person or under his seal : any other real presence is to us a riddle , not much unlike to that of transubstantiation : an imaginary thing , rather devised to serve turnes , then believed by those that are content to make use of it . 3. such presence of the king there , when it shall be made appeare to us either from the writs , whereby the members of both houses are called together , or by the standing lawes of the land , or by the acknowledged judgement , and continued practice of former and later ages , or by any expresse from the king himself , clearly declaring his minde to that purpose , we shall then as becometh us , acknowledge the same , and willingly submit thereunto . and as for the argument drawn from the analogie of other courts , wherein the kings power is alwayes supposed to be virtually present , under submission we conceive it is of no consequence . 1. the arguments à minore and ȧ majore are subject to many fallacies ; and unlesse there be a parity of reason in every requisite respect between the things compared , will not hold good : a pety constable ( they say ) may doe something which a justice of peace cannot doe : and the steward of a pety mannour hath power to adminster an oath , which ( as we are told ) the house of commons it self hath no power to doe . 2. that the high court of parliament is the supream judicatory , we have been told it is by vertue of the kings right of presiding there , he being g the supream judge , and the members of both houses his councell : which being so , the reason of difference is plaine between that and other judicatories in sundry respects . 1. the judges in other courts are deputed by him , and doe all in his name , and by his authority ; and therefore the presence of his power in those courts of ministeriall jurisdiction is sufficient , his personall presence not necessary , neither hath he any personall vote therein at all . but in the high court of parliament , where the king himself is the supreme judge , judging in his own name and by his own authority , his power cannot be presumed to be really present without either the actuall presence of his person , or some virtuall representation thereof signified under his great seal . 2. the judges in inferiour courts , because they are to act all in his name , and by his authority , doe therefore take oathes of fidelity for the right exercising of judicature in their severall places ; sitting there , not by any proper interest of their owne , but only in right of the king , whose judges they are , and therefore they are called the kings judges and his ministers . but in the high court of parliament , the lords and commons sit there in councell with the king as supreme judge for the good of the whole realm ; and therefore they are not called the kings judges , but the kings councell : and they have their severall proper rights and interests peculiar and distinct both between themselves , & from that of the kings ; by reason whereof they become distinct h orders , or , as of late times they have been stiled ( in this sense as we conceive ) i three distinct estates . each of which being supposed to be the best conservators of their own proper interest ; if the power of any one estate should be presumed to be virtually present in the other two , that estate must needs be in inevitably liable to suffer in the proper interests thereof . which might quickly prove destructive to the whole kingdome : the safety and prosperity of the whole consisting in the conservation of the just rights and proper interests of the maine parts , viz. the king , lords , and commons , inviolate and entire . 3. the judges of other courts , for as much as their power is but ministeriall and meerly judiciall ▪ are bounded by the present lawes , and limited also by their owne acts : so as they may neither swerve from the laws , in giving judgement , nor reverse their owne judgements after they are given . but the high court of parliament , having ( by reason of the kings supreme power presiding therein ) a power legislative as well as judiciall , are not so limited by any earthly power , but that they may change and over-rule the lawes , and their own acts at their pleasure . the kings personall assent therefore is not needfull in those other courts , which are bounded by those lawes whereunto the king hath already given his personall assent : but unto any act of power beside , beyond , above , or against the lawes already established , we have been informed , and it seems to us very agreeable to reason , that the kings personall assent should be absolutely necessary : forasmuch as every such act is the exercise of a legislative rather then of a judiciall power ; and no act of legislative power in any community ( by consent of all nations ) can be valid , unlesse it be confirmed by such person or persons as the soveraignty of that community resideth in . which soveraignty , with us , so undoubtedly resideth in the person of the king , that his ordinary style runneth , — our k soveraign lord the king : and he is in the oath of supremacie expresly acknowledged to be the onely supreme governour within his realmes . and we leave it to the wisdome of others to consider , what misery and mischief might come to the kingdome , if the power of any of these three estates should be swallowed up by any one or both the other , and if then under the name of a judiciall there should be yee really exercised a legislative power . 4. since all judiciall power is radically and originally in the king , ( who is for that cause styled by the lawes l the fountaine of justice ) and not in any other person or persons , but by derivation from him : it seemeth to us evident , that neither the judges of inferiour courts of ministeriall justice , nor the lords and commons assembled in the high court of parliament , may of right exercise any other power over the subjects of this realm , then such as by their respective patents and writs issued from the king , or by the known established laws of the land formerly assented unto by the kings of this realm doth appear to have been from him derived unto them . which lawes , patents and writs being the exact boundary of their severall powers , it hath not yet been made appeare to our understandings , either from the lawes of the realme , or from the tenour of those writs by which the parliament is called , that the two houses of parliament have any power without the king to order , command , or transact ; but with him m to treat , consult , and advise concerning the great affairs of the kingdome . in which respect they have sundry times in their declarations to his majesty called themselves by the name of his great councell . and those lawes and writs are ( as we conceive ) the proper topick , from which the just power of the honourable houses can be convincingly deduced : and not such fraile collections as the wits of men may raise from seeming analogies and proportions . § viii . of the negative oath . we are not satisfied , how we can submit to the taking of the negative oath , 1. without forfeiture of that liberty , which we have sworne and are bound to preserve . with which liberty we conceive it to be inconsistent , that any obligation should be laid upon the subject , by an oath not established by act of parliament . 2 , without abjuring our a naturall allegiance , and violating the oathes of supremacy and allegiance by us formerly taken . by all which being bound to our power to assist the king , we are by this negative oath required to swear , from our heart , not to assist him . 3. without diminution of his majesties just power and greatnesse , contrary to the third article of the covenant ; by acknowledging a power in the two houses of parliament , in opposition to the kings power . whereas we professe our selves unable to understand , how there can be any lawfull power exercised within this realme , which is not subordinate to the power of the king . §. ix . of the ordinances conc●rning the discipline and directory . first , concerning them all together ; we are not satisfied how we can submit to such ordinances of the two houses of parliament not having the royall assent , 1. as are ▪ contrary to the established lawes of this realm contained in such acts of parliament as were made by the joynt consent of king , lords , and commons . 2. nor so onely , but also pretend by repeal to abrogate such act or acts . for , since ejusdem est potestati● 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 ●y the pu●lique laws and great charters of the kingdome : then which there cannot be a more ample testimony that it was ever held agreeable to the civill government and the su●jects liberty . which also the successive kings of this realme at their severall coronations have solemnly sworn to preserve . and the continuance whereof for sundry reasons before ( upon the second article of the covenant ) specified , we heartily wish and desire . 2. but if the word discipline be taken ( as it is in the first article of the covenant ) as contradistinguished unto the government : there is something even in that also , wherein we are not fully satisfied , viz. the leaving of so much power in so many persons , and those , many of them of meane quality , for the keeping back of thousands of well-meaning christians from the benefit and comfort of the blessed sacrament . an austerity , for which there appeareth not to us any probable warrant from the word of god : b●● which seemeth rather repugnant , as to the generall principles of christian prudence and charity , so to the directions and practice of s. paul in particular ; who in a church abounding with sundry errors and corruptions both in faith and manners , ( having first given order for the excommunicating of one onely person that by shamelesse continuance in a notorious sinne had brought a foule scandall upon the gospell ) sufficing himself then with a generall proposall of the great danger of unworthy communicating , remitteth every other particular person to a selfe-examination ; without any order either to ministers or lay-elders to exclude any from the holy communion upon their examination . as to the ordinance concerning the directory in particular : we cannot without regret of conscience , ( during our present judgement , and the continuance of the present lawes ) consent to the taking away of the book of common-prayer . 1. which by our subscriptions most of us have approved : with a solemne promise therewithall ▪ in the publique service to use the forme prescribed therein , and no other . 2. which , according to our said subscription and promise , and our bounden duty according to the statute in that case provided , we have hitherto used in our churches , chappels , and other oratories , to the great benefit and comfort of our soules . 3. which we verily beleeve not to contain any thing which ( with such favourable construction as of right ought to be allowed to all manner of writings ) is not justly defensible ; which hath not been by learned and godly men sufficiently maintained against such exceptions as haue been heretofore taken thereat ; and which we are not confident ( by the assistance of almighty god ) we shall be able to justifi● ( as occasion shall be offered ) against all papists , and other oppugners or depravers thereof whatsoever . 4. which is established by an act of parliament , made ( in peaceable times ) by as good and full authority as any under heaven can have over us . which doth so weigh with us , that as it freeth us from the necessity of giving in any particular exceptions against the directory or any thing therein contained : so it layeth an inevitable necessity upon us of continuing the forme of prayer therein enjoyned , & of not admitting any directory or other forme to the prejudice thereof , till the said act shall by the like good and full authority be repealed . in which statute there is not onely an expresse command given to all ministers for the using of the same ; but there are also sanctions of severe punishments to be inflicted upon such of them as shall refuse so to doe ; or shall preach , declare or speak any thing to the derogation or depraving of the book of common prayer , or of any thing therein contained , or of any part thereof : with punishments also to be inflicted upon every other person whatsoever ( the lords of the parliament not excepted ) that shall in like manner declare or speak against the said book ; or shall by deed or threatning compell or otherwise procure or maintain any minister to say open prayer , or to minister any sacrament in any other manner or forme then is mentioned in the said book ; or shall interrupt or hinder any minister in the use of the said formes , as by the words of the said statute more at large may appeare . which statute also hath had such an universall powerfull influence into the succeeding times , that in all such * statutes as have been since made against popish recusants , the refusing to be present at common-prayer , or to receive the sacrament according to the formes and rites mentioned in that book , is expressed as the most proper legall character , whereby to distinguish a popish recusant from a true protestant . in so much that use hath been made of that very character in sundry acts , since the beginning of this present parliament for the taxing of double payments upon recusants . thus have we clearly and freely represented our present judgement concerning the said covenant , negative oath , and ordinances ; which upon better information in any particular , we shall be ready to rectifie . onely we desire it may be considered , that if any one single scruple or reason in any the premisses remaine unsatisfied , ( though we should receive full satisfaction in all the rest ) the conscience would also remain still unsatisfied . and in that case , it can neither be reasonable for them that cannot satisfie us to presse us , nor lawfull for us that cannot be satisfied to submit to the said covenant , oath and ordinances . quintil . quis damnaverit eum , qui duabus potentissimis rebus defenditur , jure & mente ? rom. 14. 22. happy is he that condemneth not himselfe in that which he alloweth . the end . errata . page 23. marg. read haeretici . pag. 24. l. 12. read ecclesiasticall . p. 24. l. 27. r. declared against episcopacie ) p. 26. l ▪ ult. marg. r. hen. 3. p. 28. l. 24. r. be inevitably . notes, typically marginal, from the original text notes for div a94141e-530 a such an oath , as for matter , persons , and other circumstances , the like hath not been in any age or oath we read of in sacred or humane stories . m. nye , covenant with narrative , pag. 12. a pactum est duorum pluri●mv● in idem placitū consensus . l. 1. ff. de pactis . b whereas many of them have had an oath administred unto them not warrantable by the lawes and statutes of this realme , they doe humbly pray that no man hereafter be compelled to take such an oath — all which they most humbly pray — as their rights and liberties according to the lawes and statutes of this realme . petit. of right , 3. c it is declared 16 jan. 1642. that the king cannot compell men to be sworne without an act of parliament . exact collect. pag. 859 , 860. d proclam . of 9. octob. 19. car. ( viz. ) in accounting bishops antichristian , and indifferent ceremonies unlawfull . b viz. in making their discipline and government a mark of the true church , and the setting up thereof the erecting of the throne of christ . c let us not be blamed if we call it parliament religion , parliament gospel , parliament faith . harding confut . of apology , part 6. chap. 2. d stat. 13. eliz. 12. e such jurisdictions , privileges , superiorities and preheminences spirituall and ecclesiasticall , as by any , &c. for the visitation of the ecclesiasticall state and persons , and for reformation , order and correction of the same , and of all manner errors , heresies , schismes , abuses , offences , contempts and enormities , shall for ever by authority of this present parliament be united and annexed to the imperiall crown of this realme . an act restoring to the crowne the antient jurisdiction , &c. 1 elizab. 1. a art. 36. b — give advantage to this malignant party to traduce our proceedings . they infuse into the people that we mean to abolish all church-government — remonst . 15. dec. 1641. exact collect. pag. 19. the lords and commons doe declare , that they intend a due and necessary reformation of the government and liturgie of the church ; and to take away nothing in the one or in the other , but what shall be evill , and justly offensive , or at least unnecessary and burthensome . declar. 9. apr. 1642. exact coll. p. 135. c statut. of carlile 25. e. 1. recited 25. e. 3. d they infuse into the people , that we mean — to leave every man to his own fancie — absolving him of that obedience which he owes under god unto his majesty , whom we know to be entrusted with the ecclesiasticall law , as well as with the temporall . exact collect. ubi sup . p. 19. e that he will grant , keep and confirm the laws , customes , and franchises , granted to the clergie by the glorious king s. edward . and that he will grant and preserve unto the bishops , and to the churches committed to their charge , all canonicall privileges and due law and justice ; and that he will protect and defend them , as every good king in his kingdome ought to be protector and defender of the bishops and the churches under their government . vide exact coll. p. 290 , 291. f see stat. 25. h. 8. 20. & 1. e. 6. 2. g see stat. 39. eliz. 8. h stat. 14. e. 3. 4. & 5. & 17. e. 3. 14 i stat. 26. h. 8. 3. & 1. eliz. 4. k — supremam potestatem & merū imperium apud nos habet rex . cambd. whereas by sundry divers old authentique histories & chronicles it is manifestly declared and expressed , that this realm of england is an empire , and so hath been accepted in the w●rld , governed by one supream head and king , having the dignity and royall estate of the imperiall crown of the same . stat. 24. h. 8. 12. see also 1 elizab. 3. a the lords & commons doe declare , that they intend a due and necessary reformation of the liturgie of the church ; and to take away nothing therein but what shall be evill , and justly offensive , or at least unnecessary and burthensome . declarat . 9. apr. 1642. exact coll. pag. 135. ( c ) from whence it is most evident , that the rights and privileges of the parliaments and liberties of the kingdom are in the first place to be preserved . answ . to scotish papers , 18. nov. 1646. page 21. d we observe you mention the defence of the king twice from the covenant , yet in both places leave out in the preservation and , &c. pag. 39. & 46. a maine clause , without which the other part ought never to be mentioned . pag. 56. a haeretia nec deo , nec hominibus ser●●●t fidem . — speciatim h●● addo , calvinistas in hac re deteriores esse qu●m lutheranos . nam calvinistae nullam servant fidem : jura , perjura . — lutherani moderatiores sunt . becan . 5. manual . controv. 14. n. 4. & 6. b invent oathes and covenants for the kingdome , dispence with them when he pleaseth , sweare and forsweare as the wind turneth , like a godly presbyter . arraig . of persec . in epist. ded. c by the covenant , both houses of parliament , & many thousands of other his majesties subjects of england and ireland stand bound as well as we to hinder the setting up of the church-government by bishops in the kingdome of scotland : and that we as well as they stand bound to endeavour the extirpation thereof in england and ireland . scots declar. to the states of the united provinces , 5. aug. 1645. recited in answer to the scots papers , pag. 23. d the old formes of acts of parliam . were , the king willeth , provideth , ordaineth , establisheth , granteth , &c. by the assent of parliament , &c. see statutes till 1 h. 4. after that , the king , of the assent of the lords spirituall and temporall , and at the speciall instance and request of the commons of this realm , hath ordained , &c. see statutes 1 h. 4. till 1 h. 7. a forme of such petition of the commons , see 1 r. 3. 6. prayen the commons in this present parliament assembled , that where , &c. please it therefore your highnesse , by the advice and assent of the lords spirituall and temporall in this your present parliament assembled , and by the authority of the same , to ordaine , &c. no bill is an act of parliament , ordinance , or edict of law , although both the houses agree unanimously in it , till it hath the royall assent . ancient customes , pag. 54. assemblee de ceux troys estats est appellee un act de parliament : car sans touts troys nest ascun act de parl. finch nomotech . fol. 21. we admit that no acts of parliament are complete , or formally binding without the kings assent . h. p. answer to david jenkins , pag. 6. e — which if your majesty shall be pleased to adorne with your majesties royall assent , ( without which it can neither be complete and perfect , nor — ) stat. 1. jac. 1. f stat. 33. h. 1. 21. g dominus rex habet ordinariam jurisdictionem , dignitatem & potestatem super omnes qui in regno suo sunt . — ea quae jurisdictionis sunt & pacis — ad nullum pertinent nisi ad coronam & dignitatem regians , nec à coronâ separari possunt . bracton cited by stamford , lib. 2. cap. 2. h for in our lawes , the clergie , nobility , & communalty are the 3. estates . — we your said most loving , faithfull , and obedient subjects , ( viz. the lords spirituall and temporall , and the commons ) representing your three estates of your realme of england , 1 eliz. 3. — the state of the clergie being one of the greatest states of this realme . 8 eliz. 1. i see finch supra ad lit. [ d ] . k the crown of england hath been so free at all times , that it hath been in no earthly subjection , but immediately to god in all things touching the regality of the said crowne . — 16 r. 2. 5. omnis sub eo est , & ipse sub nullo , nisi tantùm sub deo. parem autem non habet rex in regno suo , quia — item nec multò fortiùs superiorem aut potentiorem habere debet , quia sic esset inferior suis subjectis . bracton . conten . 1. rubr. 36. — cui {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , legibus ipsis legum vim imponendi potestatem deus dedit . finch nomotech . in epist. dedic. to k. james . l fon● justitiae . bracton . by war to intend the alteration of the lawes in any part of them , is to levy war against the king , and consequently treason by the statute of 25 e. 3. — because they are the kings lawes . he is the fountaine from whence in their severall channels they are derived to the subject . master saint john's speech concerning the earle of strafford , page 12. m — et ibidem vobiscum colloquium habere , tractare super dictis negotiis tract : vestrumque consilium impensur : writ to the lords . a every subject by the duty of his allegiance is bounden to serve and assist his prince and sov●raigne lord at all seasons when need shall require . 11 h. 7. 18. stat. 1. el. 1. 1 cor. 5. 1. &c. 1 cor. 11. 28. &c. 1 eliz. * stat. 23. eliz. 1. & 29 eliz. 6. & 35 el. 1. & 2. & 3 jac. 4. & 5. sion-colledg visited. or, some briefe animadversions upon a pamphlet lately published, under the title of, a testimonie to the truth of jesus christ, and to our solemne league and covenant, &c. subscribed (as is pretended) by the ministers of christ within the province of london. calculated more especially for the vindication of certaine passages cited out of the writings of j.g. in the said pamphlet, with the black brand of infamous and pernicious errors, and which the said ministers pretend (amongst other errors so called) more particularly to abhominate. wherein the indirect and most un-christian dealings of the said ministers, in charging & calling manifest and cleere truths, yea such as are consonant to their own principles, by the name of infamous and pernicious errours, are detected and laid open to the kingdome, and the whole world. / by the said john goodwin, a servant of god and men, in the gospel of jesus christ. goodwin, john, 1594?-1665. this text is an enriched version of the tcp digital transcription a85415 of text r202233 in the english short title catalog (thomason e425_2). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 87 kb of xml-encoded text transcribed from 19 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a85415 wing g1202 thomason e425_2 estc r202233 99862597 99862597 114760 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a85415) transcribed from: (early english books online ; image set 114760) images scanned from microfilm: (thomason tracts ; 67:e425[2]) sion-colledg visited. or, some briefe animadversions upon a pamphlet lately published, under the title of, a testimonie to the truth of jesus christ, and to our solemne league and covenant, &c. subscribed (as is pretended) by the ministers of christ within the province of london. calculated more especially for the vindication of certaine passages cited out of the writings of j.g. in the said pamphlet, with the black brand of infamous and pernicious errors, and which the said ministers pretend (amongst other errors so called) more particularly to abhominate. wherein the indirect and most un-christian dealings of the said ministers, in charging & calling manifest and cleere truths, yea such as are consonant to their own principles, by the name of infamous and pernicious errours, are detected and laid open to the kingdome, and the whole world. / by the said john goodwin, a servant of god and men, in the gospel of jesus christ. goodwin, john, 1594?-1665. [2], 29, [1] p. printed by m.s. for henry overton, at the entring out of lombard-street into popes-head alley, london : 1648. a reply to: a testimony to the truth of jesus christ, and to our solemn league and covenant. annotation on thomason copy: "feb. 1"; the 8 in imprint date crossed out and date altered to 1647. reproduction of the original in the british library. eng testimony to the truth of jesus christ, and to our solemn league and covenant -early works to 1800. solemn league and covenant (1643). -early works to 1800. dissenters, religious -england -early works to 1800. a85415 r202233 (thomason e425_2). civilwar no sion-colledg visited. or, some briefe animadversions upon a pamphlet lately published,: under the title of, a testimonie to the truth of je goodwin, john 1648 15472 25 35 0 0 0 0 39 d the rate of 39 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2007-09 tcp assigned for keying and markup 2007-09 apex covantage keyed and coded from proquest page images 2007-10 elspeth healey sampled and proofread 2007-10 elspeth healey text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion sion-colledg visited . or , some briefe animadversions upon a pamphlet lately published , under the title of , a testimonie to the truth of jesus christ , and to our solemne league and covenant , &c. subscribed ( as is pretended ) by the ministers of christ within the province of london . calculated more especially for the vindication of certaine passages cited out of the writings of j. g. in the said pamphlet , with the blacke brand of infamous and pernicious errors , and which the said ministers pretend ( amongst other errors so called ) more particularly to abhominate . wherein the indirect and most un-christian dealings of the said ministers , in charging & calling manifest and cleere truths , yea such as are consonant to their own principles , by the name of infamous and pernicious errours , are detected and laid open to the kingdome , and the whole world . by the said john goodwin , a servant of god and men , in the gospel of jesus christ . i write not these things to shame you : but as my beloved [ brethren ] i warne you , 1 cor. 4. 14. tantum religio potuit suadere malorum . non sentimus nos p●rire , dum perimus in turba . sen. london , printed by m. s. for henry overton , at the entring out of lombard-street into popes head alley , 1648 sion-colledge visited . it is a sad observation , but full of truth ; that religion never had greater enemies , than those of her owne house ; yea then those , who were pretenders in the highest to her advancement . when a commoditie is ingrossed , and brought into few mens hands , it is so much the more like to suffer , to be adulterated , and imbased . it was never well with christian religion , since the ministers of the gospell , ( so called by themselves , and so reputed by the generality of men , for want of knowing , and considering better ) cunningly vested that priviledge of the church , of being the ground and pillar of truth , in themselves ; claiming nebuchadnezzars prerogative amongst men , over the truths of god ; whom he would , he slew , and whom he would , he kept alive : and whom he would , he set up , and whom he would , he put down b . there came lately out of the presse a few papers , stiling themselves , a testimonie to the truth of jesus christ , and pretending to a subscription , by the ministers of christ within the province of london . i wish , for these ministers sake , to whom ( i appeale to him , who searcheth my heart and reines ) i wish nothing but good , and for the truths sake also , that i could conceive the impudence or boldnesse of any man , so great , as to present them in print unto the world for the authors , or subscribers of such a piece of weakenesse ( to forbeare words of more provocation , though of truth ) without their knowledge , or consent . i should be enabled by such an apprehension , both to maintain in my selfe ( at least for a time ) those honourable thoughts of their persons , which ( my witnesse is on high ) i have alwayes unfeignedly laboured to doe , though still opposed by themselves , in my way ; as also to comfort my selfe over that religion , wch they , & i , joyntly professe , that it should not suffer upon any such terms of disadvantage & dishonour , wch those papers , if ever owned by the persons , whose names are subscribed to them , are like to expose it unto . the image and superscription stamp'd upon the piece , and the men , ( especially some of them ) whose names are affixed , if not enforced , to it , are so unlike and contradictious the one unto the other , that being not able to found an act of judgement or conjecture , who should be the author , or authors of it , upon both joyntly , i am in some streight , on which hand to leane ; whether to judge & conclude any of those learned and pious men , whose names are subscribed , or those weake and unworthy ones , whose image and superscription the piece beareth , for the authors of it . but that neither dr gouge , nor mr. calamy , nor mr case , nor mr. cranford , nor any of those great names of men , which parallel with these , were either the authors , or subscribers of the said pamphlet , these considerations ( me-thinks ) should be sufficient demonstrations unto any man . 1. the very title it selfe , and that in the first and principall part of it , contradicts the tenour of the booke , and that in more places than one . the title pretendeth thus ( in the first words of it ) a testimonie to the truth of jesus christ . whereas the booke it selfe , testifieth against the truth of jesus christ , viz. by numbring the precious truths of jesus christ , amongst infamous and pernicious errours . witnesse 1. page 5. where this assertion , that no writing whatsoever , whether translations , or originalls , are the foundation of christian religion , is made an infamous and pernicious errour . for is not this a cleer truth of iesus christ , and asserted ( in part ) in terminis , ( but with fulnesse of evidence otherwise ) by the great apostle , where he saith , that other foundation can no man lay , than that is laid , which is iesus christ a ? except iesus christ be transubstantiated into inke and paper , no kind of bookes or writings whatsoever , neither translations , nor originals , can be ( in the apostles sence ) any foundation of christian religion . againe , is it not a precious truth of iesus christ , that no act of man whatsoever is any foundation of christian religon , the apostle affirming ( as we heard ) that other foundation can no man lay , but iesus christ : and yet the denyall of the act of man to be a foundation of christian religion , ( as viz. the believing of the english scriptures ▪ to be the word of god ) is by the said book ( pag. 5. ) rank'd amongst infamous and pernicious errours ? the scriptures indeed or the word of god , are ( in a regular sence ) the foundation of christian religion : but to believe them to bee this foundation , cannot be the foundation it selfe , but only a superstructure , or building upon it . so that it is only the deniall of a superstructure to be the foundation , which is charged by this learned province of subscribers to be an infamous and pernicious errour against the divine authority of scriptures . more instances of this kind , by the light whereof the palpable interfeerings between the title , and the booke it selfe , may be cleerly seen , we shall have occasion anon to observe . and is it not a very hard piece of beliefe , to thinke that learned and pious men , should so far forget themselves in the body of their book , as to break the head and title of it ? 2. in the latter part of the said title , in these words , and to our solemne league and covenant , there is too little good sence to answer the worth and parts of the men mentioned . for what can reasonably be meant , by a testimony to our solemne league and covenant ? do they meane , that in the booke it selfe , they give the same testimony to their solemne league and covenant , which they doe to the truth of iesus christ ? though the truth is , that it is a very poor and empty testimony given to the truth of iesus christ , to make infamous & pernioious errors of what opinions , assertions , & truths , they please , without any manner of conviction . to cry out : it is not meet that such , or such opinions should live , or be tolerated ( as if life and toleration were an heritage appropriate , and belonging of right to their opinions only , how inconsistent soever either with reason , or with truth ) is little better testimony to the truth of iesus christ , than that deportment of the jewes was unto moses , when they cryed out with a loud voyce , stopping their eares ▪ and ran upon stephen with one accord , to cast him out of the citie , and stone him , acts 7. 57. but i trust their meaning is not , that they intend by their booke , as solemn and sacred a testimonie to their league and covenant as they doe to the truth of jesus christ : 1. to assert the worth & excellency of it with as high an hand , with as much zeale , vigour , and vehemency of spirit , as they intend to the great truths of jesus christ , though they make no difference ( in words ) between the one , and the other . for otherwise , the solemne covenant they speake of , being onely matter of engagement , not of assertion or opinion , i know not what testimony it is capable of : unlesse they will call a regular , full , and through observation of it , a testimony unto it : which is a testimony ( if testimony it be ) unpossible to be rendered unto it in this , or in any other booke , or writing whatsoever ; the best part of this testimony consisting in going before one another in a reall , not verball , reformation . but what it is they meane , or would have others to conceive they should meane , by calling their piece , a testimony unto our solemne league and covenant , i solemnly and seriously professe is above the reach of my understanding , or learning , reasonably to imagine . have i not then reason to doubt , whether any of those men of renowne , and not rather some petty scribe , was the compiler of it ? 3. whereas to amplifie and enrich their title , they adde ( over and above the former expressions , of a testimony to the truth of jesus christ , and , and to our solemne league and covenant ) these words : as also against the errours , heresies , and blasphemies of these times , & the toleration of them ; i submissively demand of them , whether there be any thing more , any further matter of consequence held forth in these words , above what was contained in those first words , a testimony to the truth of jesus christ . if so , i desire to know where , or in what part of the booke , they give testimony unto the truth of jesus christ ? and again ; where , and in what other part of it , they give testimony against errours and heresies ? i can finde no other testimony given in it to the truth of jesus christ , but onely that ( which i confesse is very unproperly so called ) which stands in a citation of certaine passages , or sayings out of other mens writings , imperiously sentenced for errours and heresies ; as if the chaire of papall infallibility were of late translated from rome to sion-colledge . if not , they shall doe honestly and well in the next impression of the booke , ( though it had been more honesty to have done it in the first ) to leave out of their title , the false flourish , of , a testimony to the truth of iesus christ , as also those words , and to our solemne league and covenant ( there being no such thing in all the booke , as any testimony thereunto ) and content themselves onely with calling it , a testimony against errors and heresies , onely mollifying it with this soft and christian explication [ as we count and call errors and heresies . ] for certainly there are in these papers , that are so called , errors many , and heresies many ; which yet have nothing of the nature , but onely the names of both . so then these words in the title , as also against errors , &c. being so meerly and broadly tautologicall and empty , are a ground of conjecture unto me , that the men prenamed with their compeeres , are wholly innocent from the offence committed in making the book . 4. whereas the title is yet further extended by the addition of these words , and the toleration of them ; which is a meere non-ens , a thing not in being , i cannot conceive that the judgements or parts of the said persons should so farre faile them , as to appeare in print , and that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , with a testimony in their pens against that , of which god made the world ; i mean , nothing , or that which is not ; i might further adde , nor is ever like to be . for if a captious pen had the expression in hand , it would finde no difficulty at all in carrying it into such a sense , which would import a calumniating insinuation against the parliament , as if they were so inclinable to grant an universall toleration of all errors , heresies , and blasphemies ; that unlesse they were counterbalanced with the feare of displeasing these mens zeale , burning so vehemently in opposition thereunto , there were no other means under heaven to take them off from it ; yea it may not without some ground of probability be conceived ; that the authours of these papers proclaime so loud their enmity against toleration , to make the friendship of all lukewarme and formall professors round about them ( being the great bulk of the kingdome ) who know not what to doe , what shift to make for a religion , if the state be not mercifull unto them in providing one or other for them . but as farre as yet i have understood , or doe for the present apprehend the genius or temper of the parliament , in reference to an universall toleration , i have reason to judge them by many degrees further from it , than to stand in need of the importune heat of these men , to quench their inclinations to it . 5. the book it selfe being every whit as capable of bearing the title of , a testimony against truth , sound and orthodox opinions , as ▪ against errors and heresies , ( as hath already , in part , and will more fully appeare hereafter ) it is a peece of incredibility to me , that men of that note and interest , of which the persons named , with severall others of the same line , are known to be , should so prevanicate with their respective reputations , as to prefix a single-coloured title before a parti-coloured book . 6. whereas all the errors mustered together in the book , are said ( in the title page ) to be collected out of their authours own books alledged in the margine , and yet ( in faire and full contradiction hereunto ) are said page 2. to be the very dregges and spawn of those old accursed heresies , which have been already condemned , dead , buried , and rotten in their graves long agoe , and are now by evill men and seducers , raked out and revived ( by which this present generation however is fairly acquitted from being the authours of them , revivers being no authours ) i cannot so farre undervalue the worth of the persons named , as to judge them conscious of so grosse an oversight , or ( consequently ) interessed in the composure of the piece . 7. whereas the subscribers of the book , stile themselves ( in the title page ) not partitively , some of the ministers , but collectively , the ministers of christ within the province of london , there being to my knowledge , several ministers of christ within the province of london , and those not of the abhorred order of independency neither , & yet commensurable too , both for parts & worth , with the tallest of the subscribers , though not equall ( it may be ) to some of them in church livings by two or three , for whom god ( it seemeth ) hath provided a better thing than to suffer them to fall into the snare of so unworthy a subscription , i must dispense very farre with my thoughts concerning the goodnesse of the consciences of the men i have named , wth their fellows , to judge them so much as acquainted with the first page of the book . i cannot so farre suspect their skill in grammar , as to suppose them ignorant of the difference between some of the ministers of christ , and , the ministers of christ ( simply , ) nor would i willingly suspect the goodnesse of their consciences so farre , as to think they would wittingly , and only to ferve a turn , as viz. to make the concurrence seeme the greater and more entire in the eyes of their simple ones , write the one , when as the truth would onely beare the other . 8 whereas they intitle their book , a testimony to our solemne league and covenant , and pag. 28. acknowledge , that neither is this , nor any other oath otherwise to be interpreted , than according to the common , plain , and true grammaticall sense of it , confident i am , that according to such an interpretation as this of the said covenant , they have not done any thing at all in a regular and due pursuance of it in this piece , but severall things most notoriously and palpably against it , and with the violation and breach of it . first , all they can with any tolerable colour pretend to be here done in pursuance of their covenant , may be recall'd to these two heads . 1. that which is pretended to be done in order to the extirpation of errors , heresies , &c. 2. their pleading for presbyterian government . now ( for the first ) that here is nothing done in any regular or due way for the extirpation of errors , heresies , &c. is evident : for what is it they doe in order hereunto ? to scrapple together a few sayings , or passages out of severall mens books here and there , without taking any notice , or giving any account of their true sense and meaning in them ; yea , and some of these as faire , cleare , obvious truths , as ever themselves delivered any ; yea sometimes to falsifie their sayings , by leaving out some materiall words in the bodies of them ▪ and onely to clamor and cry out upon them , and call them , horrid and prodigious opinions , ( as pag. 23. ) infamous and pernitious errors , ( as pag. 5. ) the very dregges and spawn of those old accursed heresies , &c. ( pag. 4. ) antiscripturisme , popery , arrianisme , socinianisme , arminianisme , &c. ( as pag. 33. ) i say onely , to poure out floods of such reproachfull and foule language as this , upon mens sayings or opinions , without so much as levying one word of an argument against them to convince the assertors or maintainers of them , or without answering so much as any one reason or ground , upon which they build such assertions , is a course and practice , not onely irrelative altogether to the extirpation of errors and heresies , but very pertinent & proper for the further propagation and radication of them . for when men shall speak evill of that , as an error , or heresie , against which they have nothing of moment , or which is solid , to oppose , the assertors may very reasonably suppose , that they speak this evil of it , not out of judgment , as knowing it to be an error , but out of affection only , not being willing it should be owned for a truth . in which case they cannot lightly but be further confirmed in their error ( if error it be ) than before . again 2o . when men shall rend or teare a parcell of words out of the body of a large and entire discourse , which may probably carry some face or appearance of an hard or unsound saying , which notwithstanding by the authors explication is reconciled , made fully and fairly consistent with the truth , without so much as mentioning or intimating the authors explication of himselfe in these words , and then to insult and stamp with the foot , and cry out , error , heresie , blasphemy , anti-scripturisme , arminianisme , and i know not what , will any man call this a way , method , or means , for the extirpation of error and heresie ? and not rather a direct course to harden and strengthen men in both ? 3. when men for want of such sayings , which are erroneous and hereticall indeed , in the writings of such men , whom their carnall interests call upon them to expose , to the uttermost of their power , to the publick infamy and reproach of being counted erroneous and hereticall ; shall pitch upon such passages and sayings for their purpose , not which are ambiguous , or of a doubtfull interpretation , and so capable of a sinister or erroneous sense , as well as of a good , but which are pergnant and generally acknowledged truths , yea and fairly consistent with their own principles ; i referre to the judgements and consciences of all men , who lye not under the sad judgement of selfe-condemnation , whether there be any thing regular , or of any probable tendency in this , for the extirpation of errors and heresies ; and not rather much , which directly tends to the further radication of them . they acknowledge and professe unto the world , ( pag. 28. ) that they still stand as firmly engaged to the reall performance of their covenant with their uttermost endeavours , as at the first taking of it . i appeale to their own consciences ; let these judge , whether barely to cite a few mens sayings , and severall of these rationall , orthodox , and sound ( according to their authors sense and explication ) without so much as shewing or pointing , where , or in what part of these sayings , the supposed error should lye , be the utmost of their endeavours for the extirpation of errors and heresies . if it be , then are they most unworthy their places in the ministery : if it be not , then are they covenant-breakers by their owne confession . and whether the authors of the subscribed piece now under examination , have therein done any more , than what hath been now mentioned in order to the extirpation of errors & heresies , i am freely willing to make themselves judges . the night is too farre spent for them to think , that men even of ordinary judgement or consideration , will now measure or judge of error and truth , onely by their magisteriall votes , or imperious decisions , either because they are a multitude , or because they lay claim to moses chaire , calling themselves , the ministers of christ . indeed when it was midnight , the grosse darknesse of popish ignorance and superstition as yet spread upon the face of the nation , it was enough for a province of priests , or clergy-men , gravely met together in the name and authority of their sacred unction , to stigmatize what opinions they pleased , for errors and heresies , and so to render them uncleane , and not lawfull to be received or beleeved by their blinde proselites . but the day-spring from on high hath now ( blessed be god ) visited this nation , and men have put away those childish things from them , to beleeve as the church ( i. as the clergy ) beleeveth : to call error , whatsoever 52. church-men , though in conjunction with threescore church-livings , or more , shall baptize by the name of error : to build their faith , and soul-provisions for eternity , upon the sandy and slippery foundations of the judgements ( or affections rather ) of such men , who have put the stumbling-block of their iniquity , ( i mean this present world , and self-interests ) before their faces . these things considered , evident it is , that the architects of the building called , a testimony to the truth of jesus christ , &c. have not laid so much as one stone aright in all this pile , for their purpose of extirpating errors or heresies . therefore , as to this point , they have done nothing at all in pursuance of their covenant , but several things ( as hath been shewed ) to the violation of it . the covenant bindes them to endeavour the extirpation of errors and heresies : and they have endeavoured , or at least directly acted towards , the establishment and further rooting of them . secondly , neither have they pursued their covenant ( according to the plain and true grammaticall sense of it ) in pleading as they doe for presbyteriall government . for first , it is the assertion and confession of that great hyperaspistes of this government , mr. edwards , that the covenant of the kingdomes doth not tye us to the government of the church of scotland a . if not so , hardly then to presbyteriall government . and secondly , whether he had confessed it or no , the truth it selfe hereof had been never the further out of the way . for certain it is , that there is not so much as any one syllable , word , clause , or sentence in it , by which , according to the plain and true grammaticall sense , it engageth any man to the contending for , or endeavouring of presbytery . presbyterian government is but apochrypha in respect of the covenant . and though with magisteriall confidence enough they conclude ( but without premisses ) pag. 24. that presbyteriall government ( truly so called ) by presbyteries and synods , is that government which is most agreeable to the minde of jesus christ revealed in the scripture , yet as if their consciences had not taken the expression well at their hands , by that time they come to page 34. they abate of their former reckoning halfe in halfe . for here , speaking of the government they had declared for , which ( say they ) we conceive to be most agreeable to scripture . but upon these termes , they that should declare for the independent government conceiving it to be most agreeable to the scripture , should pursue their engagement by the covenant , every whit as much as they . therefore in whatsoever they say or plead in their testimony for presbyterial government , they do nothing at all in any pursuance of their covenant , according to the plain and true grammaticall sense of it , but only in pursuance of such an interpretation or sense of it , which lying most commodious for their honour , profit , and ease , hath by the mediation of their affections , prepared it selfe a way into their judgements , and hath there obtained the preheminence above all others : it being very incident to men , to suppose ( as the apostle expresseth it ) gain , godlinesse . a i. in all matters of question and dispute , to judge that most agreeable to the minde of jesus christ in the scriptures , which is best consisting with worldly ends . so that howsoever they flourish in the front of their book , as if they meant to give such an high and honorable testimony to their solemne league and covenant ; and again in the reere , as if they had accordingly avouched that covenant which they have sworn to god , b in this piece ; yet the cleare truth is , that their flourish , is all their fight ; they have not struck so much as one stroke with their pen in any legitimate or direct prosecution of their engagement by it . and though it had been no great work of super-erogation in case they had done ten times more than now they have , of such a tendency and import , especially upon such a goodly frontispiece of pretence , being also numerous enough ( if not many to spare , and of super-abounding abilities for such a worke yet had they not violated this their covenant , and that ten times over , yea and this in the most notorious and shamelesse manner ( in stead of keeping it ) they had consulted much better both for their credits and consciences , than now they have done . the truth is , they have made more breaches upon their covenant in this little piece , than can readily be brought to account , or ranged into form . for how often doe they dissemble and prevaricate with their professions ? and again , after all their shamelesse and most notorious prevarications , and unconscionable dealings , how doe they in the close wipe their mouthes ( with you know who , ) professing that all that they had done was in the integrity of their hearts to discharge their dutie conscientiously , in appearing for god , his truth , and cause of religion . ( p. 34. ) but 1o . was it in the integrity of your hearis to discharge your duty conscientiously , that you charge him with errors against the divine authority of the scriptures ( as you doe page 5. ) who you cannot but know hath bent himselfe with the uttermost of his endeavoure for the vindication of their divine authority , yea and who you have reason to judge hath laboured in this argument , as much , if not more , and this with as much faithfulnesse , as any of you all ? how did not your hearts smite yo in drawing up this bloody charge against him , lest that very book of his , which you had in your hands when you did it , and which you cite in your margine , should rise up in judgment against you in the great day , considering that your consciences could not but tell you , that he had dealt faithfully , throughly , and sincerely , in pleading the cause of the divine authority of the scriptures therein ? is this your reall reformation , to cry out midnight when the sunne shines in his might upon your faces ? 2. was it to discharge your duty conscientiously , that you cite some of my words barely , suppressing ( craftily ) my sence and explication of them , being neer at hand , as you do twice ( for failing in your wickednesse ) pag. 5. of your booke ? or doe i not , plainly , cleerly , and distinctly enough , declare unto the world ( in my treatise concerning the divine authority of the scriptures ) in what sence i hold the scriptures , whether translations , or originalls , to be the word of god , and consequently the foundation of christian religion , and in what not ? let the 13th and 15th pages of my said treatise be look'd upon . therefore for these men , to cite these words from my pen , questionlesse no writing whatsoever , whether translation or originalls , are the foundation of christian religion , which cleerly relate in the passage where they stand , to a sence a little before explained ; without citing , or so much as intimating those other words of mine , wherein ( in a true and orthodox sence ) i assert them to be of divine authority , and none other but the word of god a with more to this purpose ) can it be by the mediation of any charity whatsoever conceived , to be any other appearing for god , his truth , and the cause of religion , than theirs was , who appeared before pilate to testifie against christ , that hee should say , i am able to destroy the temple of god , and to build it in three dayes b ? 3. was it in the integrity of your hearts , and to discharge your duty conscienciously , &c. that you must needs make it an errour or heresie ( as you doe , page 12. ) to say , that it were a needlesse thing for sathan to blind the eyes of naturall men , lest the light of the glorious gospell of jesus christ should shine unto them , if they had not eyes to see , and to receive this glorious light of the gospell , when it was declared unto them ? is this to appeare for god , or his truth , to appeare against evident reason , yea common sence it selfe ? is there any need of charging a stone , that it doe not speake ; or a deafe man , that he doe not hear ; or a blind man , that he doe not see ? must we needs speake nothing but non-sence , and inconsistencies , to be free from errours and heresies ? is this the suprcma lex in the republique of presbyterie ? 4. i beseech you , brethern , answer candidly , and in the integrity of your hearts , where , in what phrase or clause , of the period insueing , lies the errour , or heresie ; for you charge it with one , or both , pag. 12. if god should not make men capable of believing , i meane , indue men with such principles , abilities , or gifts , of reason , judgment , memory , understanding , by the diligens improvement whereof , they might come to be convinced of a willingnesse or readinesse in him to receive them into grace and favour , upon their repentance and turning to him ( upon which conviction , that repentance and turning unto god , which we speak of , follows ) they which are condemned , would have their mouths against gods proceedings with them thereunto , and furnished with an excuse ? the period ( setting the parenthesis aside , which i suppose is innocent ) is but one plaine hypotheticall or connex proposition . now though i confes that consequences in such propositions may be weak and false , as well as categoricall assertions ; yet amongst all the olde accursed heresies , so long since condemned ( as you speake ) and which you say are now raked out of their graves , and revived , i remember none that was ever put into any mans roll or catalogue of heresies , in an hypotheticall forme . if your reading or memory will instruct me better , you shall find me a disciple tractable enough . but for the consequence in the proposition rehearsed , which you put downe in your catalogue for an errour or heresie , it is built upon this principle , or maxime : that a true plea of want of power for the performance of what is commanded , is an excuse in the case of non-performance . if this principle faile , the said consequence is weake : but if strong and pregnant , the consequence is partaker with it in both . but however , doubtlesse neither the integrity of your hearts , nor the goodnesse of your consciences would have suffered in the least , though you had not compelld a poore plaine hypotheticall proposition , which never did , nor meant , either you , or any other man , the least harme , to beare the crosse of being numbred amongst errours or heresies . 5. i desire also some ingenious shadow ( at least ) of a reason from you , how it relates to the consciencious discharge of your duty , to cite an whole page together ( besides what you fraudulently leave out , as not serving your turne ; and what you cut off , by an &c. ) consisting of three or foure and thirty lines , under the name and notion of one and the same errour . was it to represent me to your reader as a man of monstrous and prodigious errours ? one of which could not be expressed or conteined in fewer words , than would fill an whole page in 4o ; nor this without the interposall of an et caetera , and a false finger besides ? or was it to edifie the world in the knowledg and consideration of your great zeale , and unwearied pains , to discover errours ; so that rather than one of these should escape you , you would undergoe the labour of transcribing whole pages together ? or was it for fear , in case you had determinately pitch'd upon any one line or sentence , you might more easily have missed the errour , and have beaten a bush , where the bird was not ? or was it in hope , that within so large a circuit or compass of ground , your reader possibly might finde two or three errours , though your selves could not well tell where to find any ? but if you be unwilling to render unto mee a reason of this your extraordinary quotation , give mee leave to render one unto you . i suppose the reason might well be , because in that wherein you magnified your selves , god had a minde to bee above you for the propagating of his truth . for whereas you ( it is like ) meditated an unusuall citation to shew the world a more than ordinary errour ; god might suffer you to take this compasse of matter , that so that great and precious truth of his , which you call errour , contained therein , might be presented from your hand with so much the more advantage to be discern'd , acknowledged , and received by men ; yea by such men , who probably might never have had the opportunity to have seene so much of it , but by meanes of the booke . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . doubtlesse the passage though injuriously dealt with ( as we shall shew presently ) and purloin'd of some of its strength , towards the beginning , yet carries light in abundance in it for the conviction of any ingenuous and unprejudiced man , that what is asserted therein , is truth . 6. would not the integrity of your hearts to discharge your duty conscientiously , suffer you to passe by similitudes , comparisons , and resemblances , but that these must be crucified too for errours and heresies ? doubtlesse never were parables or similitudes arrested , or attainted of errour or heresie , untill now . a considerable part of that long errour we spake of , cited by you in folio ( p. 11. ) consists of a similitude . when you make errors and heresies of similitudes , you give us just occasion to thinke , that you are not so much troubled with some mens errours and heresies , when you finde them , as you are with seeking errours and heresies in other men , untill you finde them . but they that will find knots in rushes , are necessitated to knit them themselves . but i beseech you , tell me seriously : is it matter of conscience indeed with you , to punish the innocent with the guilty ? if so , i am not for your lawes , nor common-wealth . but 7. what say you to the mangling , maiming , and deforming the sayings of your brethren , when you cite them , by leaving out very emphaticall and materiall words , and clauses ; yea such scripture expressions , as you found in them ? or doe you not in citing the passage ( lately pointed at ) with which you are pleased to adorn your catalogue of errours about naturall mans free will ( p. 11. ) after these words , ( line 11. ) in a way of justice , leave out all this [ and according to the law , an eye for an eye , and a tooth for a tooth , this man having cut off the legs of another . ] were you afraid , that the passage would not looke so like an errour , as you would have it , if any lineament of scripture should be seen in the face of it ? what you expresse in your testimony , you say , ( p. 3. ) that you expresse not with a bitter , but with a bleeding heart : but what you leave out , relating to this , and to other passages cited by you ( of which notice hath been already taken ) i feare you leave out , rather with a bitter , yea and bloody , than bleeding heart . 8. doe you in the integrity of your heart , and cut of conscience to appeare for god and his truth , judg it an errour , or heresie , to say , that if a doctrine be asserted by paul and peter , it ought to suffer no disparagement for being found among the tenets of arminius ? for of this assertion of mine you make an errour ( page 13. ) unlesse the words imprison'd in a parenthesis , which are these , [ as most assuredly it is ] must beare the blame . doe you not want errours and heresies to complete your catologue & roll , when you are necessitated to muster and take in such as these ? are not most of your own doctrines found amongst the tenets of arminius ? some of you ( i suppose ) cannot be ignorant , but that they are : but doe you therefore judge them errours or heresies ? yet 9. the testimony now under contest , is in nothing more unlike , at least more unworthy , the ministers of the province of london , than that importune , and most unnaturall straine in it , which presenteth sayings and opinions , for errours and heresies , which are fairely and fully consistent with their owne principles and grounds . hereof many instances might readily be produced , were not prolixity inconsistent with our present designe . is not that of the apostle , other foundation can no man lay , than that which is laid , which is jesus christ , a one of their principles , and maine grounds ? and yet ( p. 5. ) they make mee erroneous , for not granting another foundation besides jesus christ , viz. translations and originalls : which notwithstanding , sensu sano , i doe assert also for foundations . againe , is it not one of their owne principles , that no act performed by man , can be the foundation of christian religion ? yet pag. 5. they stigmatize me as an erroneous person , for affirming the act of believing the english scriptures to be the word of god , to be no foundation of christian religion . yet again : is not that of paul , that was not first , which is spirituall , but that which is naturall ; and then that which is spirituall , b another of their principles ? yet ( pag. 14. ) they represent it for an errour in me , to say ; doubtlesse men are naturall men , before they are sprirituall , and supernaturall . once more , is it not a ground and principle of their own ; that men are but naturall men , till faith comes and makes them spirituall , or supernaturall : yet they condemn it ( pag. 14. ) for an errour in me to affirme , that wee cannot be made spirituall or supernaturall , but by believing . yet once more ; is it not one of their own principles , that god hath promised favour , acceptation , yea and salvation it self , to those , who shall believe ; yet they make mee a transgressor in point of errour , for saying , that if it be possible for naturall men to believe , then may they doe such things , whereunto god hath by way of promise annexed grace and acceptation . yet once again : i suppose it is a principle or supposition of theirs ; that the apostle all along the 11th chapter of the epistle to the hebrewes , speakes of such a faith , which is true and saving : and yet ( p. 15. ) they make me an erroneous offender , for saying , that to believe , 1. that god is : 2. that he is the rewarder of those who diligently seeke him , is all the faith or beliefe that the apostle makes simply and absolutely necessary to bring a man unto god . 1. into grace and favour with him . caeterá de genere hoc adeò sunt multa , &c. 10. certainly it cannot be out of the integrity of your hearts to discharge your duty conscienciously , &c. to dissemble , connive at , and take no notice of , the very selfe same opinions published , printed , countenanced , recommended , by men of your owne interest and party , yea by some amongst your selves , honouring such with the titles of orthodox and sound men notwithstanding , for which you most unworthily , and contra-conscienciously defame others , who doe not syncretize with you , labouring in the very fire day after day , in your preachings , in your printings , in your conversings , to render them the off-scourings and abhominations of men . let all the passages and sayings , which with all your double diligence , and the help of an evill eye , you have discovered and found in all my writings , and presented upon the theatre of your testimonie , as conteyning matter of error about naturall mans free will , and power to good supernaturall , be drawn together , and the rigidest extraction made of whatsoever imagination it selfe is able to imagine erroneous in them ; there will be found the very same spirit and quintiscence of errour ( if yet it were errour ) cloathed too with visibility enough , in that discourse of mr. john ball , intituled , a treatise of the covenant of grace , lately published by mr simeon ash ( one of the subscribers . ) recommended to the christian reader by three of them more , viz. daniel gawdry , edmond calamie , anthony burgesse ( besides two more of the assembly . ) the said author , p. 44. of this discourse , writeth thus . no man is hindered from believing , through the difficultie , or unreasonablenesse of the command , or through his owne simple infirmity , as being willing and desirous to believe , but not able ; which inability deserves pitty : but his inability is of corruption and wilfulnesse : he doth not believe , because he will not : he is unable , because hee doth not covet or desire , which is inexcusable . is there not every whit as much power , and freedome of will here attributed unto naturall men , as can be wrested or wrung out of any , or all those erroneous passages of mine , ( erroneously so called ) which are cited in the provinciall testimonie ? do i there say any whit more , or doth mr ball here say any whit lesse , than that in case naturall men were not wilfull , they have a sufficiency of power to believe ? and that it may not be pretended that this passage fell from this authors pen at unawares , or that the contents of it were not his setled and bestresolved judgment , you shall find the very same things , and almost in the very same words , re-asserted by him , pag. 226. of the same discourse . are those opinions erroneous , or hereticall in independents , which are orthodox and canonicall in presbyterians ? or if they be as erroneous in the latter , as the former , why is not i. b. brought upon the stage , as well as i. g. in the habite and reproach of an erroneous and hereticall man ? yea and why doe not simeon ash for publishing , and daniel gawdry , edmond calamie , and anthony burgesse , ( together with edward reynolds , and thomas hill ) for countenancing and recommending erroneous and hereticall opinions , bear their proportions also in the censure and shame ? accessaries deserve to suffer , as well as principalls . it is said indeed of the donatists , that they disparag'd and condemned all other christians , but were indulgent in point of censure , towards their owne a : and of eunomius the heretique , that he bare with all manner of wickednesse in his owne seate b are not these sons of presbytery to be found in the same condemnation ? is their love any whit more extensive , than only to cover the multitude of their owne sins ? or their zeale , than to censure and punish the sins of other men ? is this their faithfulnesse unto god , for which they seeme affraid ( page 34. ) lest the world should frowne upon them ? or is this the fruit and product of their glorious profession ( page 5. ) that as ministers of christ , and stewards of the mysteries of god , in zeale to gods glory — from their very hearts and soules , they utterly detest and abhorre all the errours , heresies , and blasphemies whatsoever swarming amongst us in these times , howsoever minced , masked , and palliated , and by whomsoeverembraced and covntenanced ? can the children of this profession be ignorant , that there are amongst themselves discrepances in judgements , and contrarieties in opinions ? or doth not this plainly imply , that there is apprehension of errour in the respective dissenters amonst them ? yea it is famously known , that some of the ablest and most learned amongst them , differ from the greatest part , if not from the generality , of his fellowes , in matter of opinion , and that about a subject of as high a nature , as any within the whole compasse of christian religion . if then in zeale to gods glory , they from their very hearts and soules utterly detest and abhorre , all the errours , heresies , and blasphemies amongst us , by whomsoever embraced and countenanced , how commeth it to passe , that they doe not declare with the same acrimonie of spirit , and height of indignation , against their owne errours ( mutually so believed ) wherein they rise up , like lions , against the supposed errours of other men ? brethren , give me leave to be serious with you : i believe you are straitned in your owne bowels , in comparison of the enlargment which you have in mine , ( though i feare , you believe nothing lesse . ) i hear of many complaints , and sad regrets from you ; as that the ministers , and the ministerie of christ , are of later times , much despised : your auditories , much depopulated : your respects with the people , brought well nigh to a morsell of bread . i beseech you consider what i shall say unto you : hath he that voluntarily puts his singer in the fire , any cause to complain , that the fire burns him , and puts him to paine ? or he that sowes only tares in his field , to finde himselfe agrieved , that the earth makes him not a returne in wheate ? or is it any wonder at all , if , when under a pretence of so much zeale to gods glory , such integrity of heart , such conscienciousnesse of appearing for god , his truth , & cause hf religion , such unpartiall detestation of all errours , heresies , and blasphemies amongst us , by whomsoever embraced and countenanced ( with many such like glorious and glittering professions and protestations more , wherewith your testimonie is garnished ) you do in the very face of all these professions , all things contary , stigmatize the truths of god , with the odious and hatefull names , of infamous & pernicious errors & heresies , set your selves to pull downe with both your hands the precious names and reputations of the faithfull servants of god , you brethren , & this without any cause at all given by them , report their sayings by halves , leaving out their explications , on purpose to defame them , represent such opinions & assertions as erroneous and hereticall in them , which you allow for orthodox & sound in your selves , exasperate and incense the sword of the magistrate against such as are peaceable in the land , and wish you no harm ; soment divisions , multiply distractions , obstruct the quiet composure and settlement of things in the land , recompencing no degree of all this unworthinesse , with any proportionable or considerable good ; is it any marveil ( i say ) if , going thus to work , coupling such vile & unworthy actions with such precious and specious professions , you sink and fall in the hearts of men daily more and more ? know this for a certain , that the hearts and consciences of men will never be able to rise up before you , & call you blessed , unles they be holpen up by the hand of some visible worth , and excellency in your wayes . following showrs of uprightnesse and sincerity from your hearts and hands together , will make your crownes of honour to flourish againe upon your heads ; which otherwise will certainly languish , fade , and die away . in the meane time ( to return to our businesse in hand ) though i finde the best of you no better , than a bryar unto me , in pursuing mee with the out ▪ cries of your pens for a man of i know not how many , nor of what , errours ; yet are there foure men amongst your 52. who have appeared in this ostracisme against me , to their deeper shame , and confusion of face , than others . for what ? they who publish and print bookes of errours , they who countenance and recommend bookes of errours , to be read ; can these men find in their hearts to lift up their heele against those , who shall receive them from their hand ? delicti fies idem reprehensor , & author ? at scelus hoc meriti pondus , & instar , habet . i. what ( man ! ) the author , and rough censor both of the same crime ? the crime , if crime it be , which i committed have , yet merit doth praise , and approvement , not reproof , from thee . mr. ash , mr. candrey , mr. calamie , mr. burgesse ? how could these names of men anoynt mr. john ball with oyle , and salt me withfire , onely for speaking what he speaketh , yea and what themselves speak in him , or in that book of his , which they recommend unto me ( amongst others ) let the sun of christian ingenuity be ashamed , and the moon of humane candor be abashed . for ( questionlesse ) such a thing hath not been heard of , either amongst the sonnes of nature , or of god , for many generations . but for the opinions , or opinion rather ; ( for though the citations be many , yet the error , if error if must needs be , contained in in them all , is , for substance , but one ) which this grand subscription voteth an error in me about naturall mans free will , and power to good supernaturall ; i desire the whole covent , or colledge of the two and fifty , and all that dogmatize with them against the said opinion , to take knowledge , 1. that it is no new or strange doctrine in the reformed churches : 2. that it was a doctrine taught and avouched by some of the reformers themselves ; and those not of the least note , either for learning or religion . one instance in either shall suffice for the present . for the former , that the doctrine condemned for error by the error-makers of the province of london , is the publickly-received doctrine of the reformed churches within the province of orleance in france , appeares from severall passages in a treatise of paulus testardus , pastor of the reformed church at blois , entituled , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , sen synopsis de natura & gratia ; the said passages being compared with the approbation of the book printed in the beginning of it : the tenor whereof imports , that the said book was ordered by a synod of the reformed churches in the said province , to be perused and read by two of the ministers ( there named ) who give this testimony of it upon their reading , that they find nothing in it repugnant to the doctrine of their orthodox churches , and in that respect they judge it worthy publication . the said author in the treatise mentioned , having ( p. 83 , 84 , 85. &c. asserted and cleared three several wayes or means , whereby god calleth men unto communion in that covenant of grace , which he hath made with mankinde , the first , by providence ; the second , by the ministery of the word ; the third , by the effectuall workings of his spirit . p. 91. he affirmeth , that in all these wayes or methods of calling men , god doth not onely shew unto the sinner what his duty is to doe , but also exhibits and gives unto every man thus invited and called , power wherewith to perform it , and be saved , if he will : insomuch , that if he that is invited [ or called ] in the most generall [ & lowest ] way of invitation of all , be not saved , he is altogether inexcuseable before god . this the apostle paul teacheth expresly : that which may be known of god ( saith he ) is manifested in them , or unto them ( meaning the gentiles ) for god hath made it manifest , &c. that they might be without excuse . but certainly , excuseable they had been , if they had been willing , and onely wanted power a there is not an haires breadth of power to superuatur all good , more attributed by me unto naturall men , than is clearly , and above all controversie asserted in this passage ; which yet is avouched ( as ye have heard ) by two sufficient witnesses , and these of the approved order of presbytery it self , to be the doctrine of the orthodox reformed churches within the province of orleance in france . but whereas my london subscribers transcribe so many passages of mine under their title , or head , of , errors about naturall mans free-will , &c. let all these passages be sifted , from the first to the last , by lines , words , syllables , and letters , yet will there not be found the least or lightest infinuation of any freenesse of will in naturall men to any good that is supernaturall : yea they that have been the most constant and intelligent hearers of me in the course of my ministery , cannot but testifie on my behalfe , that i have still upon all occasions , resolved the condemnation and perishing of men into the most miserable and strange servility , bondage and thraldome of the will to corruption and vanity : yea and have urg'd and prest the necessity of the grace of god for turning the captivity of it , and setting it at liberty . therefore , o province of london , study thy teachers , that thou mayst know what , and what not , to learn of them . it were easie to draw forth many more passages out of the treatise specified , of the same import and inspiration with that which hath been produced ; but this is sufficient for these two ends and purposes ; 1o . to demonstrate , that the authority of a province of ministers , though all receiving the honour of orthodox from one another , is yet a miserable support or stay for the judgements or consciences of men , in matters of doctrine . that which is asserted for orthodox and sound by a province of ministers in france , is importunely censured and condemned for an infamous horrid , and pernicious error , or heresie , by a province of the same profession in england . 2o . to shew , with how good a conscience the subscribers joyntly affirme , ( as they doe , page 3. that they finde , to the abundant satisfaction of their judgement , and rejoycing of their spirits , the confession of faith humbly advised by the assembly of divines , singularly pious , prudent , sound , and agreeable to the scriptures , and confessions of other churches . if it be agreable with the confession of those churches lately mentioned , they have as much , or more , need to confesse their fault , as their faith . as to the second particular , wherein i affirmed , that that doctrine which these men call infamous , pernitious , horrid error and heresie , was also taught to the full extent and compasse of what i deliver in it , by some of the chiefe reformers themselves , it appears sufficiently by this ensuing passage from m. bucer , who in his enarration of the epistle to the romanes , chap. 2. vers. 14. writeth thus : a here let us observe two things ; that god in no age whatsoever , left men destitute of the doctrine of salvation : therefore whoever at any time perished , perished through their own default [ or neglect . ] for god so bedeweth ( or washeth ) nature with his light , that they only remaine strangers unto righteousnesse , who willingly , & of their own accord cast it from them . there are at this day nations not a few , to whom the gospel of christ is not sincerely preached : others there are , who heare nothing of it . but if these did not voluntarily put from themselves the desire of righteousnesse , the lord ( questionlesse ) would so animate them with his spirit , that they should , or might , perform the things of the law , commit themselves wholly to his ( grace , or ) goodnesse , and doe unto their neighbours what they would that they should doe unto them . hence it would come to passe , that god would sooner send an angel unto them , as he did unto cornelius , than suffer them to remain ignorant of his christ . but whilst through impious ingratitude , they detain his truth revealed unto them , in unrighteousnesse , they doe not onely deserve to have no more of the good spirit given unto them , but even to be givenup to a reprobate sense , &c. the other thing here to be observed , is , that we our selves also hearken unto the work or effect of the law , wch is written in our hearts , that same right and divinely-impressed sense of things within us , whereby we are continually called upon for holy and honest courses , and called back from those that are dishonest , and that we narrowly listen unto and mind , those thoughts which accuse us , and our conscience , when it witnesseth against us . — verily , we reject god himself , when we do not yeeld obodeince to such holy cogitations as these . i appeale to the consciences of the testimony-subscribers themselves , whether this passage be not much fuller and ranker of the spirit of that opinion , which they reckon amongst the very dregges and spawne of those old accursed heresies , amongst noysome , infamous , horrid , and pernitious errors , than any , than all the passages they have raked together out of my writings . yea if they please , they may read more of the same authors judgement upon the same point , and to the same purpose , in what hee comments upon verse 25. of the chapter ; where ( amongst other things ) hee conceiveth , that paul offered this to the consideration of the jewes , that the gentiles , even before christ was revealed unto them , were partakers of true righteousnesse a . which is a saying ten degrees beyond the line of any of mine . and yet m. bucer was never ( to my knowledge ) counted an arminian by any , nor branded for an heretick , or a man of a rotten judgement , by any , unlesse it were by the ministers of the province of babylon , who ( as the story saith ) dig'd him out of his grave , and made a sacrifice by fire of his dead and buried corps unto the genius of their bloody religion . it were easie to fill many pages with passages from other orthodox and reformed authors , as melancthon , musenlus , &c. wherein they deliver many things fully consonant with what i have written , and the subscribers branded with the broad seale of their authority , for erroneous . but miserable is the condition of truth , which must not be suffered to passe by the warrant of its own light , without letters of recommendation from the darknesse of men . nor were it any matter of much more labour or difficultie , to bring in antiquity it selfe , and particularly those very authors who were the greatest opposers of pelagius , and the then errors denominated from him , as hierome , austin , and prosper by name , with their mouthes wide opened in approbation , and co-assertion of the same things , for which i am arraigned at the tribunal of sinon a colledge , as an hereticke . it is manichisme ( saith hierome ) so condemne the nature of man , and to despoyle it of free-wil . ( unlesse any man can find better , or more proper english for , liberii arbitriū . and elswhere , thou blasphemest in vain , continually buzzing it in the ears of the ignorant , that we condemn free-wil : let him be c●demned , who condemneth it c ▪ yet again in another place : we so maintain free-will , that we deny not the adjutory ( of grace ) to it in all things d . augustine himself , the famous antagonist of pelagianisme , maintains to the full whatsoever is asserted by me , concerning the wil and power of man . if there be no grace of god ( saith he ) how doth he save the world ? if there be no free-will , how doth he judg the world e ? and again , the catholick faith , neither denies free-will , either in respect of a bad life , or of a good : nor doth it attribute so much to it , as if without the grace of god it could doe any thing , &c. yet again , the pelagians conceit that they know some great matter , when they say , god would not command that which he knew could not be performed by men . i wonder who knowes not th●●… f . it seemes austin supposed no man ignorant of the truth of that , which these subscribers persecute under the name of a pernitious error . the fame author yet again , we exeorate the blasphemy of those , who affirm , that god enjoy●●… any thing that is impossible unto men , and that the commands of god cannot be observed and kept by every man in particular , but onely by all men in common , or in generall h . i●…austins verdict will passe , the subscribers are the blasphemers , not the author of the divine authority of the scriptures asserted . consonant to the last recited saying of austine , is this of basil the great , it is impious to say , that the precepts of the holy ghost are impossible i . so that evident it is , that these men confute pelagianisme by plain manicheisme ; nay , that which onely themselves call pelagianisme . for it clearly appeares by the writings both of hierome and austin , that the question between pelagius and them , was not whether man hath freedome of will , either in respect of good or evill : for these fathers constantly defend themselves under the shield of this assertion against pelagius his charge . b but whether men , notwithstanding their freedome of will , did not still stand in need of ajutorium gratiae , the auxiliary or adjutory of grace , both for the performance of , and perseverance in , what was good . but these men have exchanged the fathers adjutorium , into their own compulsorium . for me , i never denied , but alwayes have asserted the necessity of grace by way of adjutory ; onely the necessitation or compulsion of grace , is no article of my creed . reader , i had not troubled thee with so much as any one of these quotations , but that it is the calamity of these times , to judge truth and error still commensurable with the votes of those men , who having ingrossed the honour and repute of being orthodox men unto themselves , square these votes of theirs concerning truth and error , not by any principles of the cleerest reason , nor yet by the scriptures soundly interpreted and understood , but only by the traditions of the elders , and by what they read in the writings of such men , whom they are pleased to take into part and fellowship with themselves in their owne glory , and vote , orthodox . but to leave this ; there is yet one thing more in the testimony ( so called ) to the truth of jesus christ , &c. which hath too much shadow in it for the pensill of such exquisite artificers , as the ministers of the province of london : and therefore , represents it with much suspition of being a spurious and suppositious piece , and not the genuine {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; of such masters . for doth not this testimonie once and againe ( viz. p. 24. and 26. ) commend the governement , whereunto the hearts of the authors seeme to be so impotently lifted up , by the successe wherewith it hath been crowned ? doubtlesse the reall and true ministers of the province of london , having such abundant opportunity of converse with travellers from all parts , cannot but be full of the truth of this information , that there was more of the truth and power of religion in england under the late prelaticall government , than in all the reformed churches besides . the best successe , which they can with any colour of truth entitle this government unto , is but the successe of the gardiners sheers , which prosper only to the keeping all even and smooth in the privet-hedge , by the snipping off , and keeping under those thriving twigs and branches , which otherwise would out-grow their fellows , and hinder uniformity . lastly , me thinkes there is too palpable a reflexion of prejudice and dishonour upon the parliament in severall passages and strains of this piece , to issue from between the feet of the sacred conclave of sion-colledge ; though wiser men ( i confesse ) than my selfe , resent the affirmative stronger in this , than the negative ; conceiving an evill eye looking out of a faire face of words upon the parliament , to be no dissenting character of the genius of the ministers ( indeed ) of the province of london . to draw towards a conclusion ; if any man shall aske why i could not be content to sit downe by my charge , with the same patience wherein others charged as well as i , possesse their soules ; no mans pen moving against his accusers , but mine ? i answer . 1. i was loth , that either the stones in the walls , or tiles upon the houses , should take the honour and comfort of this service , out of my hand . if these should hold their peace ( saith christ ) the stones would erie a . the honour of christ must be vindicated : and if the jewes , who are a people , will not doe it , the gentiles , who are no people b , shall and will . if men indued with reason and understanding , shall not appear in asserting the honour of god against those , who sin with an high a hand against it , the inanimate and senceless creature will certainly rise up , and take away this crowne from them . 2. the demand proposed , supposeth that , which ought not to be supposed ; viz. that my patience is not only exercised , but overcome , by my charge . the truth is , though i doe not ●it downe by it in patience , yet i rise up with it , and beare it upon my shoulder , with more than patience ; even with joy and gladnesse ; as i stand charged from heaven to doe : my brethren , count it all joy , when you fall into divers temptations c . i trust the tenour of my answer doth no wayes imply , that there is so much as the least haire of the head of my patience fallen to the ground . 3. one part of the rest , who are compelled to drink of the same colledge cup with me , may possibly either have reversed the errors here charged upon them , or otherwise be conscious to themselves of insufficiency to defend them . another part of them , for ought i know , may rise up in their own defence , as i have done ; yea , and possibly may prevent me . but for those assertions of mine , which these ministers have baptized by the name of errours , i neither know any reason why i should proscribe them , nor yet despaire of strength from god , sufficient to maintain them against all contradiction whatsoever . but 4. ( and lastly ) the chiefe motive which ingaged me to this undertaking , was , because i looke upon my self as the chiefe , if not the only person , for whose sake the 52. hands were at this time drawn out of the bosome to smite the rest . when the chiefe priests and elders , had with more than ordinary diligence and importunity wrought pilate to signe his warrant for the crucifying of christ , because matters deserving death were not so cleer against him , as they desired ; they procured two thieves to be crucified with him , the one on his right hand , the other on his left a , who in all likehood had not suffered death , at least at this time , but only to colour over the foule act of crucifying christ , with the justice of their execution ( if yet this execution it selfe were allowable by the lawes of god ) and to represent the lord christ as a man only worthy such company . in like manner , i have some reasons importuning me to conceiue , that this court of assize was called principally , if not only for my sake : and that no testimony had been given at this time , either to the truth of jesus christ , nor against the errours or heresies of other men , had not the two and fifty prudently judged it expedient that my name should be blasted , and not the reputation of a whole province of ministers suffer by the greenenesse of it . the grounds of my beliefe in this point are , 1. the sore wound given to their cause by hageomastix displayed , &c. was never mollified with oyle , untill now . they never eased themselves of that sorrow , till this congregatio magna being called to advice about the cure , prescribed this recipe in order thereunto ; viz. that 4. or 5. innocent lines of this treatise should be cited to appear upon a stage , purposely built for errors and heresies , and here receive the shame due to innocencie and truth . but in vain have they rub'd themselves & their sore upon this dictamnum a the imflammation is never a whit allayed by it . yea to this day — haeret lateri aethalis arundo ; nor have the 52. hands of this subscription , with all their versatile motions and endeavours , been able to wriggle , or wrest it out . 2. i judg the greatest part of the other errours and heresies produced upon this theatre , to be beneath their cognizance , by reason , partly of the sillinesse , contemptiblenesse , and irrationality of them ; partly , of the obscurity and inconsiderablenesse of their authors . i can hardly believe that such eagles would have stoop'd to catch such flies , such dead flies , as these , but only to put into my oyntment , to cause that to cast forth a stinking savour . 3. the said testimony produceth my errors & heresies ( so called ) by whole pages , & half pages , as if it were loth to leave any romth for other mens ? whereas my fellow-heretiques and erratiques , are quickly dispatch'd ; little being cited out of their books in comparison ; i suppose , lest their errours should seeme as great , as large , as dangerous , as mine . 4. lest i should seem not to abound with errors above the rate and proportion of other delinquents in this kind , they cite sayings ( almost ) of all sorts out of my writings to make errours of , as parentheses , similitudes , suppositions , assertions of a most direct and cleer consistency with their own principles , and what not ? 5. this testimony to the truth of jesus christ , made all the hast was possible after the comming out of the divine authority of the scriptures asserted , to blast the credit , and way-lay the acceptation of it with the generality of men . whereas there are very few , if any , of those other writings , which are attainted of errour and heresie , with mine , but have been extant in print some considerable time , yea some of them ( to my knowledg ) several years . but by the way ; is it not very in-harmonious , that these great professors of enmity and abhorrency against errors and heresies , should persecute the assertion of the divine authority of the scriptures ? these , with some other considerations of like nature with them , render the jealousie very opportune and strong , that my selfe only was the standing mark , at which the arrow of the testimonie was shot ; and that the rest were made to stand by only to give aime . they are brought in to partake of my condemnation ; that so i might partake with them in their guilt and shame ; or at least with such of them , who being guilty , deserve shame . to conclude : whereas the subscribers , with many others of the same interest , are still instant upon all occasions , in season , and out of season , to declaim against me , as a friend to publicans and sinners ( i mean , to errors avd heresies ) and cry out that i desire & plead for a toleration of them all ; i here solemnly profess , in the sight of god , angels , and men , that whoever they are , that beare the errors and wicked opinions of the times , as a burthen of sorrow upon their hearts and souls , i bear my share and part with them . nor do i believe that any of them all , who seek to render me the hatred of men , by the imputation of such a delinquency , have run , either faster , or further , in the way of god , for the pulling up those noysome weeds out of the fields of christ amongst us , then i have done . i have professedly ingaged my self in the publike court of my ministry against 4. of those errors ( and am at this day in full prosecution of this my ingagement ) which are generally look'd upon as the most predominant amongst us , and unto which , all others whatsoever , may ( i conceive ) easily be reduced ; antinomianisme , anabaptisme , anti-scripturisme , querisme , or seeking ; unto which i might adde a fifth also , called manicheisme : which , had it not the countenance , which the other 4. want , would soon be found to be of as sad and dangerous a consequence to religion , as they . i am a foole to boast my self : but wise men have compelled me : and wise men ( i hope ) will pardon me . i have again & again in severall of my writings , declared my sense and judgment to be , that no error whatsoever ought to be tolerated ; but that every errour sufficiently detected , and evicted , ought to be proceeded against , in such a method and way , and upon such terms , which are justifiable by the word of god , or by such principles of equity and good conscience , that are found in prudent , disingaged , and consciencious men . the height of my interposals in this kind , hath been this ; 1. that men be very cautious and warie , lest intending only to crucifie theeves , they crucifie christ also . 2. that they do not make thieves of all those , who through infirmitie or mistake in judgement only , declare themselves to be men . finis . errata . page 6. l. 34. dele , to . p. 11. l. 22. for yo , r. you . p. 12. l. 35. after , mouths , r. open . p. 13. l. for consequence , r. consequences , p. 17. l. 1. for quintiffence , r. quintessence . p. 21. in the margiu , for inexcusabilis , ( in some copies ) r. inexcusabiles . notes, typically marginal, from the original text notes for div a85415e-300 b dan. 5. 19 a 1 cor. 3. 11. a antap. pag. 259. a 1 tim , 6. 5. b pag. 34. a divine authority of ser. asserted , p. 13. b mat. 26. 61. a 1 cor. 3. 11. b 1 cor. 15. 46. a donatistae qui praese omnes alios christianos condēnabant , se veritatē censurae in suos relaxabant . p. mart. loc. p. 785. b eunomius suis sectatoribus quodvis scelus indulgebat . i plead for no errour , truly so called : nor for any persons , worthy blame & censure . let malefactors and thieves be crucified , but let not christ be crucified ▪ with them . a in quo nihil , quod ecclesarum nostrarū orthodoxarū fidei ●repugnet , repe●imus ; e●que nomine dig num publicà luce judicavi . mus . a qòd in omnibus vocandi rationibus , deus peccatori , quid debeat non modo ostendit , sed & omni invitato , vocato , det posse illud praestare , & salvari , ●i velit : adeo ut si non salvaturis , qui generalissimâ tantū ratione invitatus est , fit prorsus inexcusabilis corā deo. id expressè ▪ docet paulus , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ( inquit ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} manifestū ▪ factum est in ipsis ( gentibus scilicet ) deus enim manifestū secit , &c ▪ ut inexcusabilis ipsi sint . at certe si , etsi maximè voluissent , non potuissent , ●uissēt excusabiles . p. t●st●r dus , synopsis . thesi 121. p. 91. a hic duo observemus ; deum nullis unquam saeculis homines doctrina salutis destituisse : proinde , quicuuque unquam perierunt , suâ culpâ periisse . naturam ita perfundit suâ iuce deus , ut hi tantum à justitiâ alieni maneant , qui eam ultrò à se rejiciunt . sunt & hodiè gentes non paucae , quibus evangelium christi haud quaquam sinceriter praedicatur : sunt quae de eo nihil prorsùs audiunt ▪ hi autem si non ultrò justitiae studium repudiarent , dominus indubiè spiritu suo sic eos animaret , ut quae legis sunt praestarent , committerent se totos ipsius bonitati , proximis facerent quae cucupiunt fieri sibi . hinc fierer , ut deus citius angelum eis mitteret , uti fecit cornelio , quam ut ignorare eos christū suum pateretur . sed dum impiè ingrati iniquitate suâ detinent revelatam jam ipsis veritatem , merentur , non solum ut nihil praetereà boni spiritus accipiant , sed etiam ut dentur in sensum reprobum , &c. alterum hic observandum est , ut ipsi quoque huic operi legis , quod in scriptum est cordibus nostris , recto illi , ut divinitùs impresso sensui , quo perpetuò vocamur ad sancta & honesta studia , revocamur à pravis , auscultemus , cogitationes nos accusantes , & cōscientiam contrà nos testificantem , exaudiamus . — deum sanè ipsum rejicimus , cum sanctis hujusmodi cogitationibus non obsequimur . a sed ut superiùs quoque ostendimus , magis id ex instituto pauli suit , ut objiceret judaeis , gentes etiam ante revelatum eis christum , verae justitiae fuisse compotes . a the ancient records , ( as i 〈◊〉 informed ) m●ntion it by the name , not of sion , but sinon colledge . but they that have authority to make errors , may change names at pleasure . manichaeorum est , hominum damnare naturam , & liberum auserre arbitrium . advers. pelag. in proem. c frustra blasphemas , & ignorantium auribus ingeris , nos liberum arbitrium condemnare . damnetur ille , qui damnat . ad c●esiphontem d sic liberum servamus arbitrium , ut ei per singula adjutorium non negemus . hicron . l. 1. dial. advers. pelag. e si non sit dei gratia , quomodo salvat mundum ? & si non est liberum arbitrium , quomodo judicat mundum ? aug. epist. 46. f fides catholica non liberum arbitrium negat , sive in vitam malam , sive in bonam : neque tantum ei tribuit , ut sine gratiâ dei valeat aliquid , &c. aug. epist. 47. magnum aliquid pelagiagiani scire se putant , quando dicunt , non juberet deus , quod sciret non posse ab homine fieri : quis hoc nescit . aug. de grat. & lib. arbitr . c. 16. h execramur blasphemiam eorum , qui dicunt impossibile aliquid homini à deo esse praeceptum ; & mandata dei non à singulis , sed ab omnibus in communi posse servari . idem . i {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . b dicat pelagius , per gratiam nos posse praestare legem dei , & pax est . aug. a luk. 19. 4. b rom. 10. 19. c iam. 1. 2. a mar. 15. 27 a dictamnus , or dictamnum , is an herbe ( in english ditanie ) having a property to draw out any thing fastned in the bodie ; upon which wild beasts are said to rubbe themselves , when they are hurt , or woūded , for their ease and cure . the history of the association, containing all the debates, in the last house of commons, at westminster concerning an association, for the preservation of the king's person, and the security of the protestant religion : the proceedings about an association in the reign of queen elizabeth, and a true copy of the association, produced at the earl of shaftsbury's tryal, and said to be found in his lordships study, with some observations on the whole : to which is added by way of postscript reflections on the parallel between the late association, and the solemn league and covenant. 1682 approx. 105 kb of xml-encoded text transcribed from 17 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2007-01 (eebo-tcp phase 1). a43914 wing h2144 estc r13449 11833510 ocm 11833510 49745 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a43914) transcribed from: (early english books online ; image set 49745) images scanned from microfilm: (early english books, 1641-1700 ; 497:4) the history of the association, containing all the debates, in the last house of commons, at westminster concerning an association, for the preservation of the king's person, and the security of the protestant religion : the proceedings about an association in the reign of queen elizabeth, and a true copy of the association, produced at the earl of shaftsbury's tryal, and said to be found in his lordships study, with some observations on the whole : to which is added by way of postscript reflections on the parallel between the late association, and the solemn league and covenant. england and wales. parliament. house of commons. [2], 26, [4] p. printed for r. janeway, london : 1682. reproduction of original in huntington library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time 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period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng solemn league and covenant (1643) great britain -kings and rulers -succession. 2006-01 tcp assigned for keying and markup 2006-02 apex covantage keyed and coded from proquest page images 2006-05 john latta sampled and proofread 2006-05 john latta text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the history of the association , containing all the debates in the last house of commons , at westminster : concerning an association , for the preservation of the kings person , and the security of the protestant religion . the proceedings about an association in the reign of queen elizabeth , and a true copy of the association , produced at the earl of shaftsbury's tryal , and said to be found in his lordships study . with some observations on the whole . to which is added by way of postcript reflections on the parallel between the late association , and the solemn league and covenant . london , printed for r. janeway . 1682. the history of the association , &c. after the bill of exclusion was rejected in the house of lords , the commons seemed to be at a stand , not knowing what to do . but soon after his majesty in his most gracious speech of the 15th . december 1680. having promised them the fullest satisfaction their hearts could wish for the security of the protestant religion , &c. he concludes thus , and being thus ready on my part to do all that can reasonably be expected from me , i shall be glad to know from you as soon as may be , how far i shall be assisted by you ; and what it is you desire from me ; upon which grounds the first time you heard of the bill of association being mentioned was in the grand committee , to secure the kingdom against popery and arbitrary government , wherein mr. powel had the chair . at which time the lord c. and several others speake to this effect , as follows , all already printed in the collection of the debates of the house of commons at westminster , 1680. published by richard baldwin . ld. c. sir , when i consider the immunities and advantages we enjoy by the excellent composure of our government both in church and state , how the king as soveraign , enjoys all the prerogative that can be necessary to make him either great or happy , and the people all the liberty and priviledge that can be pretended for their encouragement to be industrious , and for securing to themselves and posterities the enjoyment of what they get by their industry . how the doctrine of the church is void of idolatrous superstitious opinions ▪ and the government of tyranny or absolute dominion ; i cannot but admire that there should be any body amongst our selves that should aim at any alteration , and be the occasion of this days debate . but , sir , it is too evident that such there are , and that they have made a great advance to effect their design , by many contrivances which they have persued for a long course of years , according to the results and cousultations held by jesuites for that purpose : but above all , by converting to their religion james duke of york , the presumptive heir of the crown , and by engaging him to espouse their interest with that zeal and fervency which usually attends new converts ; especially when so great a glory is proposed as the rooting out of a pèstslent heresy out of these three nations , and the saving of so many souls as would depend thereon . the sad effect of this conversion we have felt for many years , it having had the same operations in our body politick , as some sorts of lingring poyson hath in bodies natural ; made us sick and consumptive , by infecting and corrupting all the food and physick which hath been applied in order to reduce us to popery and slavery , worse than death it self . from this fatal act the declination of the grandieur of this monarchy may be dated , and to the consequences thereof its absolute ruine if not timely prevented ) will be hereafter attributed . this being our case , i could not but admire to see this house so long coming to consider this weighty point ; insomuch , that i began to perswade my self , that either our dangers were not so great as our discourses upon some other occasions had represented them , or that we were not in good earnest to endeavour any redress . it is true when we consider what ill fortune we have had with our bid lately sent up to the house of lords , we may with some reason be discouraged . but i hope , sir , that seeing our country hath thought us worthy to be their representatives , we shall not be so easily daunted in what so nearly concerns them , but be as indefatigable in finding out wayes for our preservation , as our enemies are to find out means for our destruction ; hoping we shall not meet always so bad success in the house of lords : for though the too much kindness of some men who pretended to be for the bill , but underhand made a party against it , did this time operate as fatally as enmity disguised in friendship useth to do , yet i hope that in another occasion we may have better success ; not doubting but a great many lords , when they are perswaded that they shall not be able to find out any other way ( as i hear they begin to despair they shall ) to secure the protestant religion , that they will joyn with us in the same , or some other bill to the same purpose : especially my good lords the bishops , who cannot be presumed to have made peace with rome , but to be ready to die for the protestant religion , and therefore doubtless will not long stick at joyning in a bill to save it . but seeing that according to the course of parliaments we are not like to bring this to a tryal for a long time i am of opinion we had best try something else ; and although i know not what other act can be made to serve instead of that , but will either prove to weak or two strong ; yet seeing we are put upon it , we must try , that so we may not be represented as stubborn . and therefore i humbly move you that a bill may be brought in for the association of all his majesty's protestant subjects . r. m. sir , great things are expected from this dayes debate , and we could not well have entred into it sooner ; it now comes more seasonable than it would have done before , because of the opportunities we have had to feel the pulse of affairs since the beginning of the session , and the time we have spent in asserting the right of petitioning , by which the essence of parliaments , and the foundation of the peoples liberties were struck at . and the tryal of my lord stafford , and the disinheriting-bill could not possibly have been avoided . and as our labour hath not been lost in all , so i hope that at last we shall have some benefit , of that spent about the succession-bill . for as it was said at the passing of the bill , that there were a loyal party that will never acquiesce in it ; so i do believe there is a true protestant party that will never acquiesce in any thing less than what may be sufficient for the security of their religion , which i am apt to believe will end in that bill . but in the mean time , that we may shew that we are not humorists , let us try what strength we can muster up to oppose these great enemies by some other laws ; as when an house is on fire we make use of buckets and tubs for casting of water , until the great engines can be got . but i would move you to be cautious what you do , for i am afraid that the design of putting you upon finding out expedients , is not in order to have any thing done that is effectual against popery , but in order to have you offer at something that may purchase a disrepute on the house , and give your enemies an advantage to persue their designes of breaking us , by alleadging that you aim at laws that will overturn the government . for my part i am fully perswaded that this is the design of those that have put the king so often to declare against altering the succession , and to recommend other wayes ; and that offer at what you will , if it be any thing that is like to prove strong enough to secure us against popery , that you will see the house put off before it come to any perfection , and that in time it will be made use of to arraign the proceeding of parliament , and to perswade the people that this house did attempt to alter the government by such and such bills , and so by degrees possess the people that parliaments are either dangerous , or inconsistent with the government , that if possible they may be well content to be without them . sir , i am afraid that the popish party are more serious in this design than we are aware of ; and that next to the great endeavours they have used for many years to keep on our divisions in points of religion , the next great artifice which they depend on , is the infusing into the people the dislikes of parliaments : for they well know that popery can never be established in this nation , as long as parliaments are permitted to sit and act. therefore , though i know it is below a house of commons to mind every little discourse , yet i think if we conclude that this powerful party amongst their many designes have this for one , that we ought to countermine it as much as we can . we cannot well comprehend what a bill of association will be before it be drawn up , nor what difficulties may be found in the contriving of it ; and therefore i think no great debate will be necessary about it before such a bill will be brought in . and i believe it will be found more likely to be serviceable in case the papists be banished ; and therefore i conceive a bill for banishment of all the considerable bapists out of england may be very nacessary . and if at the same time that we endeavour to secure our selves against poperty , we do not also do something to prevent arbitrary power , it will be too little purpose ; for the one will be sure to give a hand to bring in the other ; and i think nothing can prevent that ; or rather both , better than frequent parliaments . and therefore i humbly move you that a bill for securing frequent parliaments may be taken into your consideration . sir g. h. sir , i think you are well adviced that the way to secure our selves effectually against popery , is to secure our selves also against arbitrary government , and that the having of frequent parliaments is the best way to secure both ; and therefore , sir , i think you do well to move the house that a committee be appointed to inspect what old laws there are for enforceing the sitting of frequent parliaments , that if they should be found deficient , some new laws may be made for that purpose . i do agree that a bill for banishing out of england the most considerable papists may do well ; but i hope , sir , that if you banish the men , you will banish some women too ; for i do believe that some of that sex have been great instruments in bringing about our ruine : and if in time you would consider how to prevent the royal families marrying popish women , it would be of great security hereafter . for i am of opinion that the late queen mother's zeal for her religion was not only a great occasion ( amongst many others ) of the miseries that befel us in forty one , but the great cause of all our miseries now , by perverting the duke from his religion , as is reported , and may reasonably be believed , if we conclude that she had that motherly care for the salvation of her children as other mothers usually have ; for according to her opinion , it was not to be obtained out of the pale of that church : and no man can doubt but that the protestant interest hath been much prejudiced by his majesties marrying a princess of that religion : for we have plainly seen since the discovery of the plot , how some of the most material jesuites and popish instruments have sheltered themselves under her royal protection , and how they have helpt to carry on the plot , by being so impudent as to pretend they had her patronage , and by abusing her authority ; but more especially by the dukes marrying the princess of modena , because of her near relation to the pope and cardinals . all which was plainly foreseen by that parliament which met a little before that marriage , in 1673. and therefore they made an address to his majesty , representing the said ill consequences , desiring him not to permit it , because it would tend to the destrustion of the protestant religion . but their endeavours were defeated by that party , as we may guess , seeing we find so much use of her name in colemans letters ; for well might they who have over-ruled in so many affairs as have been instanced in this house , have an influence also in this , that so that party might not want so useful an instrument in so great a station : and so the parliaments address miscarried ; but that they had either a good judgment , or prophetick spirit , i hope will never miscarry , but remain upon record . and unless you do believe that these ladies are less compassionate than others usually are , how can it be otherwise , their principles considered ; but , sir , i will not trouble you farther about it , but suppose it may be worth your consideration in due time . in the interim , i agree for the bill of banishment and association too . i. b. sir i retain a good opinion of an association-bill , notwithstanding what hath been said as to the weakness it may receive from our unhappy divisions in point of religion and interest , too much promoted by some of our clergy . for , sir , when i consider how the laudean principles , as to raising of money without parliaments in the late times , infected most of our clergy , so as that they not onely preached up the kings absolute authority over mens properties , but branded with the title of rebels , and condemned to hell those that offered to argue against it . i do conclude that it is usual for one or two bishops , to give measures or directions to the rest of the bishops , and they to the clergy of their several diocesses : and that therefore the clergy derive the politicks generally from one bishop or two in some great station . yet sir , when i remember how after some little time many of the clergy fell off , and would not follow such instructions ; and how the people soon excused themselves from following their advice in such politicks , and would not freely pay illegal taxes , notwithstanding all their endeavours . i am apt to think ; sir , that as the people were not long then mislead , so as to submit to lose their property , so they will not now , to any thing that shall tend to the losing of their religion and property both . they will soon discover what is their interest , and how true interest will not lye . i have often told you within these walls , they will soon apprehend that popery will bring in slavery , and reduce them not only to an idolatrous superstitious religion , but to wear wooden-shooes like the french , and to eat herbs like the spaniard , because they will soon know that they shall not be long masters of any thing they have : and however they may be perswaded for a while , i am confident they will at last consult how to save their bacon . they will discern that the clergy may be good divines , but not so good politicians ; and that there may be some difference in point of interest between them and the clergy , because clergy-men may be in a possibility of being advanced by popery if they submit ; but the laity under a probability of losing all notwithstanding all submissions . sir , i do not trouble you with this discourse out of a fear that our clergy will not shew themselves good protestants , for i have that veneration for them , and opinion of them , as to believe that many of the bishops and clergy too , would assoon die for the protestant religion as any persons in the nation . but i am jealous that there is some over-awing power got in amongst them , something answerable to that of a popish successor in the state ; by whose means those bills were so easily past in the late long parliament , under a pretence that they were for the preservation of the protestant religion , which the commons than found , and any person that will now peruse them may find , would infalibly have brought in popery . and , how since the plot , the danger of fanaticks is cryed up more than that of the papists ; and how tender they are in the point of a popish successor , or joyning in any thing against him . but though these things make me jealous there is some body that misleads them now in matters relating to popery , as formerly in things relating to property , yet i am of opinion that they will ere long see , that to stand up for the interest of a popish successor , to have a popish king , to weaken the protestant interest and to speak ill of parliaments , is not the right way to preserve the protestant religion ; but a plain contradiction , and an invention of jesuites . and therefore , sir , i am for going on with the allociation-bill ; for i will never doubt , that the true interest of the nation , in so great a concern as this , will long be baffled by such projectors . and therefore it is my desire , that the house may be moved to appoint a committee to draw up a bill for that purpose . sir w. h. sir , i think you have been well moved , as well for the association-bill , as the banishing-bill . by the one , you will send your enemies out of the country ; by the other , be in a good condition to keep them out , which may go a great way to secure us . sir r. t. sir , you have been verywell moved for the bringing in of such bills as may tend as much to the security of the protestant religion as any that can be offered . that of banishment will certainly go a great way to destroy , not only their power , but their interest and principles too , and be a great disheartning to their party abroad . that interest will not then have so many engines to work with here , as now they have . and the bill of association will be necessary , that we may have a law to defend our selves . the association made in queen elizabeth's time , will be a good president to draw it up by . and seeing there is no opposition , i move you to put the question . r. m. sir , by offering at the exclusion bill , we may conclude we have offended the duke of york , by this bill for banishment , all the rest of the considerable papists in england . as we have made many enemies , so it will be convenient that we should endeavour to get some law to defend our selves against their implacable designes . for which a bill for an association of all his majesties protestant subjects may do well , and therefore i pray that we may move the house to have it brought in , sir g. g. sir , i am of opinion the popish plot goeth on as much as ever , and the papists are so proud of it , as they cannot forbear bragging of their hopes to see better days speedily . i think sir , seeing we are not like for one while to have the exclusion-bill , we shall appear neglectful of our duty , if we do not try what security can be contrived by an association-bill . and therefore i humbly pray that the house may be moved to appoint a committee to draw up and bring in a bill for associating all his majesties protestant subjects . i find in cooke's reports , that when the nation was in apparent danger , the people might go directly to the king with their grievances , and make their complaints and petitions known . i think we may do well to consult this text , and see if we can find out any better way than what we have tryed already , to convey our humble supplications to his royal person . in the mean time i think you had not best to go off from the bill of association ; for which we have a president in queen elizabeth's time , first made by the gentry , and afterwards confirmed by act of parliament . l. g. sir , i would not discourage you from going on with these bills ; but i am afraid they will fall far short of the power and strength that will be necessary to root out an interest that hath been above an hundred years reivetting it self by all arts and wayes imaginable , and hath now fixt it self so near the throne . i must confess , i am afraid we are at labour in vain , and that this interest hath so clenched it self ( as the jesuites term it ) that it will break not only this parliament , but many more , if not all parliaments , and the protestant religion too . it is too weighty to be removed , or perverted , by such little bills as these : no , sir , you will find , that nothing less than a firm vnion amongst all the protestants in this nation , can be sufficient to give any check to this interest . as long as there are amongst us so many persons as know not rightly how to apply the dangers of the church and state , nor the miseries of forty one , but will be lead by popish projectors ; i am afraid such bills as these will not do our business : because they will not destroy that footing which they have at court , nor strengthen the protestant interest , which must have its original from union . it is strange , that none but those who are for the duke's interest , should be the only persons thought fit to be in places of trust ! it is so strange a way to preserve the protestant church and religion , that it raiseth with me a doubt , whether any such thing be designed . such persons may be proper to manage affairs in favour of the popish interest ; but it is to be admired , that they , and they only , should be thought fit to be intrusted with the protestant interest . i think it as hard for them to do it , as to serve two masters . it is not usual in other countryes to retain their enimies in the government , nor such as are friends to their enimies ; and it is strange that we , of all other nations , should fall into this piece of policy . but sir , for these reasons you may conclude , that unless what laws you make , be strong and well penned , they will signifie nothing against so powerful a party as you have to do with . sir w. j. sir , there hath been so much said already upon the subject-matter of this debate , that i shall have little occasion to trouble you long . the worthy member that spoke a while since , hath shewed you from whence our fears of popery arise , from the dependance they have of assistance from france , ireland , and scotland in case there should be a popish king , besides the party they have here , and the advantage they will have by the government , which is already secured for that interest ; and of it self would be sufficient to contest with the protestant interest , who in such a case would have no king to head them , no persons in any place of trust to execute any laws in their behalf , nor no legal power to defend themselves . and therefore , seeing there is a negative past upon the bill , we had contrived to secure us from these great dangers , i think sir , we may do well to try if we can get any thing else . but i am perswaded if this association-bill be made as it should be , that we shall have no better success with it than we had with the exclusion-bill : for i am afraid , that though we are permitted to brandish our weapons , yet that we should not be allowed to wound popery ; but rather do believe , that they which advised the throwing out of that bill , will also do the same by this , or dissolve the house before it come to perfection : for this bill must be much stronger than that in queen elizabeths days ; that was for an association only after her death , but i cannot tell if such a bill will secure us now , the circumstances we are under being very different . in queen etizabeths days the privy councellors were all for the queens interest , and none for the successors ; now most of the privy councellors are for the successors , and few for the king 's . then the ministers unanimously agreed to keep our popery , now we have to much reason to fear , there are many that are for bringing it in . in those days they all agreed to keep the popish successor in scotland , now the major part agreed to keep the successor here ; all which must be considered in drawing out of the bill . after all these debates it was at length resolved , that it is the opinion of this committe , that the house be moved , that a bill be brought in for an association of all his majesties protestant subjects , for the safety of his majesties person , the defence of the protestant religion , and the preservation of his majesties protestant subjects , against all invasions and oppositions ; and for preventing the duke of york , or any other papists , from succeeding to the crown . december 17. 1680. the house resolved into a committee , further to consider of ways and means to secure the kingdom against popery and arbitrary government ; and after several debates , how ineffectual all laws would prove without having good judges , justices , and others in commission that will execute them , and how frequent parliaments would conduce to have laws put duely in execution . resolved , that it is the opinion of this house , that the house be moved , that a bill be brought in for the more effectual securing of the meetings and sittings of frequent parliaments . resolved , that it is the opinion of this committee , that the house be moved , that a bill be brought in that the judges may hold their places and sallaries , quam diu se bene gesserint . resolved , that it is the opinion of this committee , that one means to prevent arbitrary power is , that the house be moved , that a bill be brought in against illegal exaction of money upon the people , to make it high treason . reported to the house , and agreed to . his majesties speech made to both houses , decemb. 15. was read . j. h. mr speaker , sir , the veneration that is due to all his majesties speeches , doth require that we should seriously debate them before we give any answer to them ; but the circumstances we are under at this time , challenge a more than ordinary consultation . for by the tenor of the speech , i conclude , that the success of this parliament depends upon our answer to it , and consequently the safety of the protestant religion , both at home and abroad . and therefore i think my self very unable to advise in this matter , and should not have attempted it , but that you have encouraged me by your leave to speak first . so that if i offer any thing amiss , those that come after will have opportunities to correct me . i would begin with the latter end of the speech first , because that part of it is most likely to be get a fair understanding between his majesty and this house . but i cannot but observe what great care is here again taken of preserving the succession in the right line , as in all other his majesties speeches ever since the plot break out . i think more could not be done , though it were in behalf of the kings son , and a protestant too . that limitation , and his majesties offers of securing the protestant religion , ( if by succession in the right line may be meant the duke ) upon many debates in this house is found irreconcileable , and therefore must be imputed to those that have advised his majesty thereto . to preserve the right of succession in the duke , is to preserve something or nothing . the something must be no less , then the crown , in case of his majesties death , and so consequently the interest of the popish party , who after one hundred years endeavours to have a prince of their religion , the indefatigable industry of the jesuits to obtain it , and the loss of so much blood spent therein , will , besides their principles and inclinations , lay on them great obligations to make use of the opportunity to establish their religion again in this nation . so that i must confess , these reservations look to me like a perfect design to save the whole party , accompanied with a power and a pretence sufficient to enable them to accomplish their end . for to this , the saving the dukes right doth amount , and consequently the destruction of the protestant religion . which cannot be imagined to proceed from his majesty . in former times the interest of no one man could ever bare up against the interest of the nation , now , it seems , that the religion , lives , and liberties of all the people of this nation ; nay , i may say , all the protestants of the three nations must all be lost , rather then one man be dispossest of his right , though by his own act hath made himself incapable to enjoy it . certainly there must be more intended by this , then the saving of one man , it must be the saving of a party . and therefore , sir , i am afrraid we are but where we were two years ago . for it is plain to me , that there is a certain fatal scheme which hath been exactly pursued these twenty years , in order to destroy the protestant interest , and hath had a strange secret operation in the management of all our affairs . and although now and then some accidents have hapned , that have occasioned some alteration for a time , as by his majesties recalling the toleration , some transactions of parliaments , the breaking out of the plot , and his majesties toleration of his council , 1679. yet i observe that after a little while there is no change in the main , all returns to the old scheme , as if there were a certain infallible ballance that did preponderate . we have had so much experience of his majesties goodness and inclinations , that we cannot but conclude , that there is still some such thing , as a wheel within a wheel , whether jesuits , ( for 't is like them ) or who i cannot tell , nor how the government is influenced , that the protestants should not be able to obtain any thing for their security . but we may guess , and justly fear , that it will never be other ways , as long as there is a popish successor . the truth is , we have a hard task to serve our king and country , in such a time as this is . we may expose our selves to the rage of a powerful party , but i am afraid , get little to secure our selves against their revenge . we are under the same inequailty as fair gamesters , that meet with those that use false dice , and are like to have the same ill luck at last , unless his majesty should be pleased to consider , who stands up most for his government , and who plays fairest , and accordingly , change his councils . the first three paragraphs of the speech are about alliances , the fourth about tangier , the fifth about securing the succession , the sixth to know what we desire , and what we will do . sir , i take no delight in looking backward , but without doing it at this time , i am afraid we shall not mend , as we go forward . it is not to be doubted , but that as well for the security of the nation , at home , as of flanders against the power of france and the protestant religion abroad , we are under a necessity to make alliances , and that they cannot be made nor supported without money . but did we not give above two millions for the preservation of the tripple-league , and was it not by the power of the french and popish party imployed to break it ? did we not a little while since give about a million and half for an actual french war , and was there not presently a general peace made ? do not all forreign nations complain , that notwithstanding all our treaties , pretences , and declarations , we have been only true to france ? and what reason have we now to imagine , that if we should give money for leagues , that it would be imployed otherwise then formerly ? is not the same scheme of government pursued still ? is not the french ambassador , and the french women too , as great at court as ever ? and have not the dukes creatures the management of all our affairs ? and if the dukes interest , the french interest , and the popish interest be all one , can you imagine , that your money shall be imployed to make any alliances that shall be for the advantage of the protestant religion . no , sir , though his majesty so intend it , yet the wheel within a wheel , which hath managed all other alliances hitherto , will also manage these , and have the disposal of your money too , and pervert it to our destruction . and until things settle here at home , on a true protestant bottom , it cannot be imagined , that any forraign prince will depend on us , or make alliances with us . and therefore , as well for that , as because our money may not probably be disposed of for any good end , it is in vain to treat of either alliances or money . for until the interest be changed at court , that so there may be a better understanding between the king and his people , it cannot produce any thing for our advantage . as to tangier , and the succession , there hath been so much said already , when those points were debated , that i will not trouble you with more at this time . but i beg leave to add something about the latter part of the speech , which doth a little comfort me , because i hope we may graft such an answer thereupon , as may beget a right understanding with his majesty . i know this house is constituted of persons much different from that of the long parliament , because of the many pensioners that were in it , and that we need not now be afraid to talk of money . i believe we all know , that without giving money this session , the nation can never be happy , nor his majesties government so formidable as it ought to be . and therefore i would humbly move you to appoint a committee , to draw up an address to assure his majesty , that when his majesty shall be pleased to grant us such laws , as are necessary for the security of our religion , which may be particularized in the address ; that we will be ready to give him what money his occasions may require , not only for the support of tangier , and alliances , but to enable him to have a good fleet at sea , for the encouraging of seamen , and security of trade , and preservation of his dominions ; that so we may shew we are ready to express our duty , as well by our acts as words . ld r. mr. speaker , sir , being it is so apparent that all our fears of popery arise from , and center in the duke of york ; and that it is impossible the affairs of this nation should ever settle on a good protestant bottom , as long as there is a popish successor , which cannot be prevented but by the succession bill . that there may be no ill construction made of our desires i would humbly move you to offer to supply the king , with what money he may need for the support of tangier and alliances , upon his granting of the succession bill only , that so his majesty may have no reason to be diffident of us : not doubting , but that if we can once but lay a foundation for a good correspondence , that his majesty will take so much content in it , beyond what he doth now enjoy , that to preserve it , he will afterwards grant us what more bills may be further necessary for the security of the protestant religion . and therefore i am not for clogging this address with any request for anything more , than that one bill . sir w. j. mr. speaker . sir , we have hitherto had so little success in our endeavours , that we may justly suspect , we are permitted to sit here , rather to destroy our selves , then to save our country . it is a matter of admiration to me , that those who have so often advised his majesty , to put this and the former parliaments upon finding out expedients , for securing the protestant religion , without altering the succession should all this while find out none themselves , but still continue advising the king to put that upon us , which after many debates is found to be impossible . and that the king should always have at his elbow , persons ready to remember him constantly to make his limitation , which in all appearance must tend to the final destruction of the protestant religion . and that there should be no body there , to mind him of proposing some expedients to prevent it , only in general words , of which no use can be made , according to the opinion of three successive parliaments , the limitation in favour of the popish interest , is plain , intelligible , and practicable . i hope his majesty against the next occasion , will require them that have so advised him , to make the expedients , and other ways to secure the protestant religion , as plain and practicable ; that so we may see if the security of the protestant religion be designed in good earnest by such advisers , which i cannot believe ; because what they propose , is in my opinion a contradiction in it self . without the exclusion-bill , there can be no expedient , but what will leave us in that miserable condition , of having first or last a contest with our lawful king. and there can be no such thing as setting up a power to oppose him , but by putting a kind of supream authority in the parliament , with a power to oppose , as well by making war as laws , which might prove the destruction of the monarchial government . the said trust or power ( without the exclusion bill ) being not to be reposed in the next heir , or any single person , least he should dye before he come to have the power in him , or utterly refuse to act if he should live to have a right by vertue of such a settlement , to administer the government . in such a case there would be no lawful power lodged any where else , to oppose such a king , and there must not be an inter regnum . by this short account you may see , what difficulties all expedients will be liable too , and may conclude , that those that advise the king to make this limitation , do intend it as an expedient to make the endeavours of parliaments ineffectual , and to bring in popery . and if you had offered at such expedients as i have mentioned , as the last house of commons was arraigned for omnipotent and arbitrary , so would this with some worse character ; as having attempted to destroy the monarchical government , that if possible the king and people might be put out of love with parliaments . but sir , though it is plain that things are thus out of order , yet let us not be wanting in our duty , but give such an answer to his majesty , as may if possible , create in him a good opinion of his house , and satisfie him of the necessity of the bill of exclusion , and that all other acts of grace will but serve to fatten us for the slaughter of our enemies . the last part of this speech , i believe , is his majesties own ; he seems willing to know what you expect from him , and what you will do for him , which i think is a fair proposition to come to an understanding . and although it be not good manners to offer to make a bargain with his majesty ; but as in bargains there is a quid and pro quo , so in this . and i think we need not fear talking of money in this house , being all seem resolved to give it freely , if we can be secured of our religion , but not otherways . and therefore i humbly conceive , you may accordingly express your selves plain in your address . w. g. mr. speaker , sir , if you do not represent all your grievances in this address , as the condition of your giving money , whatever you shall offer at afterwards , will be looks as clamarous and out of order . and therefore i would advise you not to omit any one grievance you expect any ●e ready in . and i am for enumerating all your grievances in the address , which have been lately debated . and i do admire no body does take notice of the standing army which if not reduced to such a number as may be convenient for guards , and so limited , that they may not be increased , unless in case of a rebellion or an invasion , all your laws may signifie nothing . and i am not satisfied , in the making of such general offers of money . for if you do , you will hear in time , that the fleet needs one million allyances as much more , and tangier ( though i think not worth keeping ) little less . a demand of three millions , grounded on your general promise , would perplex the house how to come off with that reputation , which a house of commons ought to preserve with the king. i know not how such a promise may be turned upon you , and therefore i am either for demanding more , or promising less . sir e. h. mr. speaker , sir , i am very unwilling to have this parliament broken , yet i cannot agree , that to prevent it , we should offer so much , and demand so little as hath been mentioned . have we not sat two dayes in a committee , to examine the dangerous estate of the kingdom , and ordered several good bills to be brought in thereupon , for the securing us against popery and arbitrary power , and shall we now the next day lay all those bills aside , and be content with the exclusion-bill onely , which i think will be worth nothing , unless you can get more . and therefore , though to obtain them you spoke plain english , and mentioned what sum you intend to give , i think you will be safer to offer money in general words , without declaring what , or enumerating your bills . g. v. mr. speaker , sir , i cannot agree with this worthy member , for it would take up some days debates , to agree what some is necessary to supply his majesties occasions , and what sum to express . and it may be to no purpose , as the case stands with us , unless we were sure his majesty would find out some way to bring the exclusion bill about again , then indeed we might come to particulars . in the mean time , a promise in general words may be sufficient , and save the house a great deal of time . and for my part , i am not for enumerating many bills , but should be content to give money upon having the exclusion bill only , which being so precisely necessary for the preservation of our religion all the world will justifie us in the demanding it , before we part with money , and therefore i desire the committe may draw up the address accordingly . resolved , that a committee be appointed to prepare an humble address to his majesty , upon the debate of the house , in answer to his majesties speech . december 20. 1680. mr. hampden reports the address ; which was read . the humble address of the house of commons presented to his majesty , in answer to his majesties gracious speech to both houses of parliament , upon the 15th day of the same december . may it please your most excellent majesty , we your majesties most dutiful and loyal subjects , the commons in this present parliament assembled , have taken into our serious consideration , your majesties gracious speech to both your houses of parliament , on the 15th of this instant december ; and do with all the grateful sense of faithful subjects , and sincere protestants , acknowledg your majesties great goodness to us , in renewing the assurances you have been pleased to give us of your readiness to concur with us in any m●●● for the security of the protestant religion , and your gracious invitation of us to make our desires known to your majesty . but with grief of heart we cannot but observe , that to these princely offers , your majesty has been advised ( by what secret enemies to your majesty and your people , we know not ) to annex a reservation , which if insisted on , in the instance to which alone it is applicable , will tender all your majesties other gracious inclinations of no effect or advantage to us . your majesty is pleased thus to limit your promise of concurrence in the remedies which shll be proposed , that they may consist with preserving the succession of the crown in it's due and legal course of descent . and we d● humbly inform four majesty that no interruption of that descent has been endeavoured by us , except only the descent upon the person of the duke of york , who by the wicked instruments of the church of rome , has been manifestly perverted to their religion . and we do humbly represent to your majesty , as the issue of our most deliberate thoughts and consultations that for the papists to have their hopes continued , that a prince of that religion shall succeed in the throne of these kingdoms , is utterly inconsistent with the safety of your majesties person , the preservation of the protestant religion , and the prosperity , peace , and welfare of your protestant subjects . that your majesties life is in continual danger , under the prospict of a popish successor , is evident not only from the principles of those devoted to the church of rome , which allow that an heritical prince ( and such they term all protestant princes ) excommunicated and deposed by the pope , may be destroyed and murthered , but also from the testimonies given in the prosecution of the horrid popish plot , against divers traitors attainted for designing to put those accursed principles into practice against your majesty . from the expectation of this succession , has the number of pupists in your majesties dominions so much increased within these few years , and so many been prevailed with to desert the true protestant religion , that they might be prepared for the favours of a popish prince , assoon as he shall come to the possession of the crown : and while the same expectation lasts , many more will be in the same danger of being perverted . this it is that has hardned the papists of the kingdom , animated and confederated by their priests and jesuits , to make a common purse , provide arms , make application to forreign princes , and sollicite their aid , for imposing popery upon us ; and all this even during your majesties reign , and while your majesties government and the laws were our protection . it is your majesties glory and true interest , to be the head and protector of all protestants , as well abroad as at home : but if these hopes remain , what alliances can be made for the advantage of the protestant religion and interest , which shall give confidence to your majesties allies , to joyn so vigorously with your majesty , as the state of that interest in the world now requires , whilst they see this protestant kingdom in so much danger of a popish successor ; by whom at the present , all their councils and actions may be eluded , as hitherto they have been , and by whom ( if he should succeed ) they are sure to be destroyed ? we have thus humbly laid before your majesty , some of those great dangers and mischiefs which evidently accompany the expectation of a popish successor . the certain and unspeakable evils which will come upon your your majesties protestant subjects and their posterity , if such a prince should inherit , are more also than we can well enumerate . our religion , which is now so dangerously shaken , will then be totally overthrown ; nothing will be left , or can be found to protect or defend it . the execution of old laws must cease , and it will be vain to expect new ones . the most sacred obligations of contracts and promises ( if any should be given ) that shall be judged to be against the interest of the romish religion , will be violated ; as is undeniable , not only from argument and experience elsewhere , but from the sad experience this nation once had on the like occasion . in the reign of such a prince , the pope will be acknowledged supream ( though the subjects of this kingdom have sworn the contrary ) and all causes , either as spiritual , or in order to spiritual things , will be brought under his jurisdiction . the lives , liberties , and estates of all such protestants , as value their souls and their religion more than their secular concernments , will be adjudged forfeited . to all this we might add , that it appears in the discovery of the plot , that forreign princes were invited to assist in securing the crown to the duke of york , with arguments from his great zeal to establish popery , and to extirpate protestants ) whom they call hereticks ) out of his dominions , and such will expect performance accordingly . we further humbly beseech your majesty , in your great wisdom to consider , whether in case the imperial crown of this protestant kingdom should descend to the duke of york , the opposition which may possibly be made to his possessing it , may not onely endanger the farther descent in the royal line , but even monarchy it self . for these reasons we are most humble petitioners to your most sacred majesty , that in tender commiseration of your poor protestant people , your majesty will be graciously pleased to depart from the reseruation in your said speech ; and when a bill shall be tendred to your majesty , in a parliamentary way , to dissable the duke of york from inheriting the crown , your majesty will give your royal assent thereto ; and as necessary to fortifie and defend the same , that your majesty will likewise be graciously pleased to assent to an act whereby your majesties protestant subjects may be enabled to associate themselves for the defence of your majesties person , the protestant religion , and the security of your kingdoms . these requests we are constrained humbly to make to your majesty as of absolute necessary , for the safe and peaceable enjoyment of our religion . without these things , the alliances of england will not be valuable , nor the people encouraged to contribute to your majesties service . as some farther means for the preservation both of our religion and propriety , we are humble suiters to your majesty , that from henc●forth such persons only may be judges within the kingdom of england and dominion of wales , as are men of ability , integrity , and known affection to the protestant religion . and that they may hold both their offices and salleries : quam diu se bene gesterint . that ( several deputy-lieutenants and justices of the peace , fitly qualified for those imployments , having been of late displaced , and others put in their room ; who are men of arbitrary principles , and countenancers of papists and popery ) such only may bear the office of a lord-lieutenant as are persons of integrity and known affection to the protestant religion . that deputy-lieutenants and justices of the peace may be also so qualified , and may be moreover men of ability , of estates and interest in their country . that none may be employed as military officers in your majesties fleet , but men of known experience , courage , and affection to the protestant religion . these our humble requests being obtained , we shall on our part be ready to assist your majesty for the preservation of tangier , and for putting your majesties fleet into such a condition as it may preserve your majesties soveraignty of the seas , and be for the defence of the nation . if your majesty hath or shall make any necessary alliances for the defence of protestant religion , and interest and security of this kingdom , this house will be ready to assist and stand by your majesty in the support of the same . after this our humble answer to your majesties gracious speech , we hope no evil instruments whatsoever shall be able to lessen your majesties esteem of that fidelity and affection we bear to your majesties service ; but that your majesty will alwayes retain in your royal breast , that favourable opinion of us your loyal commons , that those other good bills which we have now under consideration , c nducing to the great ends we have before mentioned ; as also all laws for the benefit and comfort of your people , which shall from time to time be tendred for your majesties royal assent , shall find acceptance with your majesty . e. v. mr. speaker , sir , i have hearkened with all the attention i could to this address , and do agree with the first part of it . the dangers and inconveniences arising from a popish successor , are very obvious ; and that there will be no peace nor tranquility in this nation for the present , as long as there is a popish successor , and that our religion will be lost , if there should be a popish king , i am afraid is too true : but yet i must crave leave to dissent from the opinion of those worthy members that have drawn it , as to the other parts thereof . i think it is not convenient at this time , to press so hard for the exclusion , bill , because we know we cannot have it without a prorogative , which for my part i fear at this time , as much as i do a popish successour : for i do believe , if it should happen , that you will sooner see the duke at white-hall , than this assembly meet together again between these walls . and therefore am not willing to give the popish party such an advantage to procure our dissolution , lest they should lay hold of it , as i believe they would ; by which the protestant interest both abroad and at home , will be ruin'd . and as i cannot agree in this , so neither in pressing the association bill . for being it hath not yet been brought into the house , we do not well known what will be the purport of it . and it is not proper , that we should ask of the king we know not what ; nor expect that he should grant us what he can know nothing of . and truly , sir , i think that these things about the judges , deputy-lieutenants , and justices of the peace , are minute things to be insisted on at this time , compared with others which might be demanded . queen elizabeths councellors never thought her safe , until the popish successor was inclosed in a tower ; and i am afraid that you will never be safe , until you take some such course that may bring things to an issue . when you have done that , and banished all the considerable papists out of england , i think we shall not be in so apparent danger , as we now are . and seeing this may probably be granted , and the other bills not , i humbly move you to recommit the address that it may be better considered . i know not how this may agree with the sense of the house , but i shall always crave leave to speak in this place according to my conscience , that so i may have peace within me ; but readily submit to better judgments . sir w. j. mr. speaker . sir , i am very glad that worthy member agrees in the apprehensions of the dangers arising from a popish successour , and in the necessity of the bill of exclusion ; and am very sorry i cannot agree with him in the rest of his discourse . i cannot imagine , without a high reflection upon his majesty , that if he should be perswaded to prorogue the house for two or three days , in order to pass the exclusion bill , that he should instead of permitting us to meet again , dissolve the parliament which is quite contrary to it . i fear a prorogation , without being intended for this ; but if once we could prevail with his majesty to do it for this end , i shall not doubt the desired effect . and in pressing the association bill , we shall not press the king to grant us we know not what ▪ the word association may very well be understood , and the ends of it are declared to be for the security of his majesties person , and the protestant religion . and if when drawn , it should be directed to other ends . i suppose this house will take care to mend it ; if not , the kings promise can bind no farther than to pass a bill for those ends . but i do much admire to hear , that the having of good judges , justices , and commanders at sea and land , is a trivial thing : for i think that all other things you desire without it , would signifie nothing . as long as the laws and militia of the nation is in the hands of persons not well-affected to the protestant interest , i am afraid we shall have no security against popery . as to the new way that hath been proposed of bringing matters relating to the popish successour , to such an issue , as that he may be secured , as in queen elizabeth's time . if he had been sensible that there are none in office but what are for his interest , he would first have agreed to have endeavoured to have got such changed , before he would have proposed that way . and it would be necessary that we should also have such privy-councellors as queen elizabeth had , and not eleven to seven for the popish successor . and therefore seeing these proposals have no more appearance of being for your service , i see no reason you have to be diverted from the way you were going : and therefore i humbly move to agree with your committee . the house agreed . december 21. 1680. a bill was read for vniting his majesties protestant subjects . p. mr. speaker . sir , is it not to be doubted but that the happiness of this nation and safety of our religion doth depend very much upon preserving the well-constituted government of the church , and that the government in the state will not long stand if that be pull'd down , to which , i am afraid , this bill will contribute very much . sir , it is well known , how notwithstanding all the endeavours of his majesty , as well in parliament as otherwise , all the acts that are in force against dissenters , all the endeavours of the fathers of the church , there are a sort of men , and great numbers too , who will neither be advised nor overruled , but under the pretence of conscience break violently through all laws whatsoever , to the great disurbance both of church and state. and if you should give them more liberty , you will encourage them to go on with more boldness ; and therefore i think it will be more convenient to have a law for forcing the dissenters to yield to the church , and not to force the church to yield to them ; and i think we are going quite the wrong way to do the nation good . and therfore i 〈◊〉 against this bill . d. mr. speaker . sir , i would not open my mouth in favour of this bill if i thought it would any ways prejudice the church , or church-government ; but i believe it may have a quite-contrary effect , and tend more for the preservation and safety of the church and church-government , than any bill whatsoever that could be contrived . we have a church-government setled by law , to which the major-part of the people like good christians and loyal subjects give obedience ; but it is our misfortune that there are in the nation a great many which will not submit to this government , which may be divided under three heads . 1. the papists , who differ from us in points of faith , and will not give any obeysance but to the church of rome . 2. independants , presbyterians , and some others , who agree in points of faith , and differ only in some points of doctrine and ceremonies , 3. quakers , who disagree not only in points of doctrine and ceremonies , but in points of faith , and are a head-strong sort of unreasonable people , that will not submit to any laws made about religion , but do give obedience to the civil magistrate upon all other occasions . the church of england men , are not only the greatest number , but have the government of their side . what laws to make that may tend most to the preserving of it is your business . it is in danger from the papists on the one hand , and the rest of the protestant-dissenters on the other , who in some measure agree in their enmity and disrespect to the church ▪ and therefore the more care ought to be taken for its preservation . having thus , sir , discovered the danger of the church in general , it will be necessary , in order to find out a remedy , to discourse a little of the strength and interest of each party in particular . sir , the papists are not the greatest number , but yet in my opinion , upon several considerations , are most to be feared , because of their desperate principles which make them bold and indefatigable , and the assistance they may have from rome , france and ireland ; but above all , from the great share they have in the management of the government , by the means of a popish successour , and the fear of their getting the government into their hands hereafter , by having a popish king. which of it self hath been sufficient in former times to change the religion of this nation , and may justly be feared , may have the same effect again , unless the protestants be well united . the presbyterians , independants , and all other dissenters , may be more in number than the papists , and may be willing enough to have the church-government altered , if not destroyed ; yet being they cannot have any succour from abroad , nor from the government here at home , i cannot see any great danger of them . for it is not probable that they shall ever have a king of their opinion , nor a parliament , by the discovery they made of their strength in the last elections . for according to the best calculation i can make , they could not bring in above one in twenty . and therefore , because they have not such bloudy desperate principles as the papists , and because we agree in points of faith , and so no such great danger from them as from the papists , i think we have reason to conclude , that the church is most in danger from the papists , and that therefore we ought to take care of them in the first place ; and we cannot do that by any way more likely to prove effectual , than by some such bill as this . because if it should have the effect designed of bringing in many of the dissenters into the church , it would disappoint them of the great hopes they have grounded on our divisions , and make the church stronger , not only to oppose the papists , but such fanaticks as may not come in . and if we should be so unfortunate as that this bill should not have this success , i do not understand it will any way weaken the church-government . and therefore i am for this bill . f. mr. speaker , sir , this bill is intended for the preservation of the church , and i am of opinion , is the only bill that can be made in order thereto , our circumstances considered . but i know not what effect it may have , because you are to deal with a stubborn sort of people , who in many things prefer their humour before reason or their own safety , or the publick good . but , sir , i think this is a very good time to try whether they will be won by the cords of love or no , and the bill will be very agreeable to that christian charity which our church professes ; and i hope that in a time of so imminent danger as we are in , of a common enemy , they will consider their own safety , and the safety of the protestant religion , and not longer keep afoot the unhappy divisions that are amongst us , on which the papists ground their hopes . but rather seeing the church doth so far condescend as to dispence with the surplice and those other things which they scruple at , that they will submit to the rest that is enjoyned by law , that so we may unite against the common enemy . but if this bill should not have this desired effect , but on the contrary , notwithstanding this condescention , they should continue their animosities and disobedience to the church , i think still the church will gain very much hereby , and leave that party without excuse and be a just cause for the making of more coercive laws . so that upon all accounts you have been well moved for the passing of this bill . e. mr. speaker , sir , i very much admire to hear it alledged , that this bill will tend to the advantage of the church ▪ for how can the pulling down of the pales , and weakning the laws against its enemies , be a way to preserve it ? i am of another opinion , and do think this bill may not only occasion , a great weakness , but give , i fear , a mortal wound to the church . is it not much more reasonable , that the dissenters should submit to the church , than the church to the dissenters . and i am afraid , if once the government should begin to yield to them , it will be as in 41. nothing will serve but an utter subversion , the having of one thing , will give occasion for demanding more ; and will be impossible to give them any satisfaction , without laying all open , and running into confusion . it is our misery that the church is in so much danger of popery , pray , sir let us have a care how we increase her danger from fanaticks . instead of this bill , i humbly conceive , that laws to force the execution of such laws as are in being against the dissenters , and what more may be necessary to compel an entire obedience , ( seeing the experience we have already had of this other way hath not proved effectual ) may more contribute to the strengthening of the church , and prevention of popery . mr. speaker , sir , as well church-men as dissenters , do all know we have a dangerous common . enemy that is got within our bowels , and wants nothing but a king to their minds to have the strength of the nation , as well civil as military , at their command , and so consequently a sufficient power to destroy the protestant religion , if not prevented by a timely union of the protestant interest . the question that may properly arise at this time is , whether the putting of the laws we have already in execution , and making more against dissenters , in order to bring them into the church by force , or the making of this law to bring them in by fair means , be the most likely way to unite us , that so we may be in a better condition to oppose the common enemy , it is obvious to me , that the making of new laws , or execution of the old at this time , is the ready way to ruine us ; and what the papists do certainly desire and aim at above all things whatsoever . for if it should be put in practice , the effect would be this , it would be the occasion of throwing off the further prosecution of the plot and popery , and in a little time occasion , not only more heats and animosities , but such a revengeful implacable spirit amongst us , as would prove irreconcilable , and give opportunity for the popish interest to joyn with either party , or at least ways to abet and assist them under hand , so as that they shall be easily provoked to destroy one the other . but if this should not happen , what real love , friendship , or obedience can the church expect from such persons , as by the execution of such laws may be forced to come to church ? how can they be depended on , or the church be strengthened by them ? you may prevent their conventicles , and force them either to come to church or pay fines , or be imprisoned ; but you cannot expect that their opinions or affections should be altered by such proceedings , without which the church can never be the stronger . it must be a work of time to reconcile the divisions that are amongst us , and may be a great and necessary employment for many parliaments hereafter , when the common enemy doth not give such a just occasion of distraction , and for employing all your thoughts and care about him when they may have more leisure , because their dangers may not be so imminent . but to go about it at this time by any such laws , is the ready way to weaken the protestant interest , and bring ruine upon us . but suppose we would follow this advise , and make new laws , and require a severe execution of the old , how can you imagine that as long as the popish interest is so prevalent , the execution of such laws shall be continued longer , than may be subservient to the interest of that party ? have we not had a sad experience of this ? hath the oxford act , or that of the 25 of queen elizabeth , or any other against the dissenters being executed in favour of the church ? are not the dissenters as many , if not more , now than ever ? and is not experience in all affairs the best master ? and is there any thing more visible , than that these laws have been made use of to serve the popish interest , or as engines rather for the affairs of the state than church : when in the year 1670. by the severe execution of these laws all meetings in conventicles were prevented and many dissenters came to church , did not the tolleration happen thereupon ? and was not the execution of the laws put ●oot , as may be presumed , by that great papist clifford , who had then the greatest share ( under his majesty ) in the administration of the government ? if the execution of the laws against dissenters had been for the advantage of the church , why was there then granted a tolleration ? and if the tolleration had been intended for the advantage of the protestant religion , why were not the churchmen , nor dissenters of any kind , pleased with it , and if the oxford-act , and other laws against dissenters , were projected in favour of the protestant religion , it was strange that they were so much promoted ( as many members , now here , who did serve in those parliaments do remember ) by sir tho clifford , sir solomon swale , and sir roger strickland , who have since all appeared to be papists . sir , we have been strangely led by the popish interest for many years already , i pray sir , let us not now at last do like narcissus , to be so much in love with a shadow , as to fall into a gulph and drown our selves . sir , i am afraid the name of church hath been strangely made use of to bring in popery . i hope we shall endeavour to preserve , not onely the name , but the substance , i mean the protestant religion , otherwise we may come off no better than the dog in aesop's fables with his shoulder of mutton . i hope that what i have said , will not represent me as an enemy to the church , or church government ; i am sure , i am not conscious to my self , that i ever entertained a thought against the preservation of either . all what i have said , doth proceed from an apprehension that our church-men of late have been out of the right way to preserve either our religion or our church ; because the courses which they take must ( though i am far from suspecting they design it ) give a great assistance to popery . i remember that after the plot broke out , there was for a little while a kind of a reconciliation amongst protestants , and an united opposition made to the common enemy , and how then the popish interest gave way , we may all remember but this was too much in favour of the protestant religion to hold long . within a few moneths the fire broke out again , and the pulpits and the press , instead of being employed against the common enemy , were reduced to their old way , of carrying on the divisions amongst protestants : and how the popish interest have since gone on triumphant again , all here , i suppose , may know . sir , the church hath two strong enemies , the papists and fanaticks . we are already engaged in a sharp contest with the papists , and find they are strong enough for us ; why must we now also enter into a fresh engagement with the fanaticks , especially when we may be sure thereby to strengthen our enemies , and weaken our selves ? such advice cannot proceed from such as are friends to the protestant church : if we should make new laws against dissenters , as hath been moved , and enforce the execution of the old ones , as long as we have a popish successor , can any man imagine , that the execution of them will be longer kept afoot , than will consist with the popish interest . sir , our church and religion will be lost , if union be not improved amongst protestants , and i think no bill can promote it like this . and therefore i am for the passing of this bill . vpon these debates it was resolved , that the said bill be committed upon the debate of the house . upon the 4th . of january 1680 / 81. his majesty was pleased to send a most gracious message to the commons in these words . charles r. his majesty received the address of this house with all the disposition they could wish , to comply with their reasonable desires ; but upon perusing it , he is sorry to see their thoughts so wholly fixt upon the bill of exclusion , as to determine that all other remedies for the suppressing of popery will be ineffectual : his majesty is confirmed in his opinion against that bill by the judgment of the house of lords , who rejected it . he therefore thinks there remains nothing more for him to say in answer to the address of this house , but to recommend to them , the consideration of all other means for the preservation of the protestant religion , in which they have no reason to doubt of his concurrence , whenever they shall be presented to him in a parlimentary way ; and that they would consider the present state of the kingdom , as well as the condition of christendom , in such a manner as may enable him to preserve tangier , and serve his alliances abroad , and the peace and settlement at home . all this while here was nothing but a means debated , conformable to the incouragement which his majesty himself had most graciously given them , which next to the bill of exclusion , might be most probable ( since the first was to be laid aside ) to secure his majesties person and his government , and consequently the whole kingdom , and the protestant religion . and thus at length an association was thought upon and found to be one of the best expedients for those most noble an pious ends aforesaid , as having been formerly practicable for preservation of our prince and country in the raign of queen elizabeth . at what time to prevent the wicked designes and seditious practises of the pope , the spaniard and the guises in france , and to provide for the queens safety , upon which the welfare both of the realm and religion depended , as now it does on the life of our sacred sovereign , many men of all degrees and conditions throughout england , by leicesters means , and out of their own publick care and love , while they stood not in fear of the queen , but were full of fear for her , bound themselves in an association by mutual vows , subscriptions , and seals , to prosecute to the death , as far as lay in their power , all those that should attempt any thing against the queen . this association was afterwards confirmed in parliament in the year 1658. with the approbation and consent of all , at what time it was enacted that twenty four or more of the privy council or lords of parliament to be de puted by the queens commission , should make inquisition after all such as should invade the kingdom , raise rebellion , or attempt to hurt or destroy the queens person , for or by whomsoever employed that might lay claim to the crown of england : and that he for whom , or by whom they should attempt the same should be utterly uncapable of the crown of england , deprived wholly of all right and title to it , and prosecuted to death by all faithful subjects , if he should be judged by those 24 men to be guilty of such invasion , rebellion or treasonable attempt , and by publick proclamation so declared : the noise of such an assotiation as this , for it cannot be imagined , that the parliament of england ever intended any other , rang such an astonishing peal in the ears of the kings , and kingdoms enemies , that to render the very name of association odious to the world , they framed an infamous piece of treason , which they called the association intended , and would needs to make the thing pass the more current and probable have it found in the study of the right honourable earl of shaftsbury's ; which follows in these words , as it was exhibited to the grand-jury at the old baily . then this paper was read as followeth . we the knights , &c. finding to the grief of our hearts , the popish priests and jesuits , with the papists and their adherents and abettors have for several years last past , persued a most pernicious and hellish plot , to root out the true protestant religion as a pestilent heresie , to take away the life of our gracious king , to subvert our laws and liberties , and to set up arbitrary power and popery . and it being notorious that they have been highly encouraged by the countenance and protection given and procured for them by j. d. of y. and by their expectations of his succeeding to the crown , and that through crafty popish councils his design hath so far prevailed , that he hath created many and great dependents vpon him by his bestowing offices and preferments both in church and state. it appearing also to us , that by his influence mercenary forces have been levied and kept on foot for his secret designes contrary to our laws ; the officers thereof having been named and appointed by him , to the apparent hazard of his majesties person , our religion , and government , if the danger had not been timely foreseen by several parliaments , and part of those forces with great difficulty , caused by them to be disbanded at the kingdoms great expence : and it being evident , that notwithstanding all the continual endeavours of the parliament to deliver his majecty from the councils , and out of the power of the said d. yet his interest in the ministry of state and others have been so prevalent , that parliaments have been unreasonably prorogued and dissolved when they have been in hot pursuit of the popish conspiracies , and ill ministers of state their assistants . and that the said d. in order to reduce all into his own power hath procured the garrisons , the army and ammunition , all the power of the seas and soldiery , and lands belonging to these three kingdoms to be put into the hands of his party and their adherents , even in opposition to the advice and order of the last parliament and as we considering with heavy hearts how greatly the strength , reputation and treasure of the kingdom both at sea and land is wasted and consumed , and lost by the intricate expensive management of these wicked destructive designes ; and finding the same councils after exemplary justice upon some of the conspirators , to be still pursued with the utmest devilish malice , and desire of revenge ; whereby his majesty is in continual hazard of being murdered to make way for the said d.'s advancement to the crown , and the whole kingdom in such case is destitute of all security of their religion , laws , estates , and liberty , ( ad experience in the case , queen mary having proved the wisest laws to be of little force to keep out popery and tyranny under a popish prince . we have therefore endeavoured in a parliamentary way by a bill for the purpose to bar and exclude the said duke from the succession to the crown , and to banish him for ever out of these kingdoms of england and ireland . but the first means of the king and kingdoms safety being utterly rejected , and we left almost in despair of obtaining any real and effectual security , and knowing our selves to be intrusted to advise an act for the preservation of his majesty and the kingdom , and being perswaded in our consciences that the dangers aforesaid are so eminent and pressing , that there ought to be no delay of the best means that are in power to secure the kingdom against them . we have thought fit to propose to all true protestants an vnion amongst themselves by solemn and sacred promise of mutual defence and assistance in the preservation of the true protestant religion , his majesties person and royal state and our lawes , liberties and properties , and we hold it our bounden duty to joyn our selves for the same intent in a declaration of our vnited affections and resolutions in the form insuing . i a. b. do in the presence of god solemnly promise , vow , and protest to maintain and defend to the utmost of my power , with my person and estate , the true protestant religion , again popery and all popish superstition , idolatry , or innovation , and all those who do or shall endeavour to spread or advance it within this kingdom . i will also , as far as in me lies , maintain and defend his majesties royal person and estate ; as also the power and priviledg of parliaments , the lawful rights and liberties of the subject against all incroachments and vsurpation of arbitrary power whatsoever , and endeavour entirely to disband all such mercenary forces as we have reason to believe were raised to advance it , and are still kept up in and about the city of london , to the great amazement and terror of all the good people of the land. moreover j. d of y. having publickly professed and owned the popish religion , and notoriously given life and birth to the damnable and hellish plots of the papists against his majesties person , the protestant religion , and the government of this kingdom ; i will never consent that the said j. d. of y. or any other , who is or hath been a papist , or any ways adher'd to the papists in their wicked designs , be admitted to the succession of the crown of england , but by all lawful means and by force of arms , if need so require , according to my abilities , oppose him , and endeavour to subdue , expel and destroy him , if he come into england , or the dominions thereof , and seek by force to set up his pretended title , and all such as shall adhere unto him , or raise any war , tinnult , or sedition for him , or by his command , as publick enemies of our laws , religion and country . to this end we and every one of us whose hands are here under written , do most willingly bind our selves and every one of us unto the other , joyntly and severally , in the bond of one firm and loyal society or association , and do promise and vow before god , that with our joynt and particular forces , we will oppose and pursue unto destruction all such as upon any title whatsoever shall oppose the just and righteous ends of this association , and maintain , protect and defend all such as shall enter into it in the just performance of the true intent and meaning of it , and lest this just and pious work should be any ways obstructed or hindred for want of discipline and conduct , or any evil minded persons under pretence of raising forces for the service of this association , should attempt or commit disorders ; we will follow such orders as we shall from time to time receive from this present parliament , whilst it shall be sitting , or the major part of the members of both houses subscribing this association , when it shall be prorogued or dissolved : and obey such officers as shall by them be set over us in the several countries cities , and burroughs , until the next meeting of this or another parliament ; and will then shew the same obedience and submission unto it , and those who shall be of it . neither will we for any respect of persons or causes , or for fear , or reward separate our selves from this association , or fail in the prosecution thereof during our lives , upon pain of being by the rest of us prosecuted . and suppressed as perjured persons , and publick enemies to god , the king , and our native country . to which pains and punishment we do voluntarily submit our selves , and every one of us without benefit of any colour or pretence to excuse us . in witness of all which premises to be inviolably kept , we do this present writing put our hands and seals , and shall be most ready to accept and admit any others hereafter into this society and association . this contrived peice of scandalous treason , is that which was said , or rather sworn to have been found in the earl of shaftsbury's study . now , whether the paper were really in the hair trunk , or put into the velvet bagg among other loose papers , is a dispute of another nature . however the paper being found , or pretendedly found in the earls study , the business was prosecuted by the attorny general , before special commissioners of oyer and terminer , the 24th . of november 1681 , upon a bill of endictment for high treason , against anthony earl of shaftsbury . his grand-jury were . the grand-jury . sir samuel barnardiston . john morden . thomas papillon . john dubois . charles hearle . edward rudge . humphrey edwin . john morrice . edmund harrison . joseph wright . john cox. thomas parker . leonard robinson . thomas shepherd . john flavell . michael godfrey . joseph richardson . william empson . andrew kendrick . john lane. john hall. who having altogether heard and examined the evidence that was brought against him , of which the chiefest were a band of irish rakeshames , after a short , though serious debate among themselves they returned the bill ignoramus . the kings and the kingdoms enemies being thus defeated in their design , set their mercenary pens at work to prosecute the very association which they had themselves contrived with all the fury imaginable , and to that purpose it was teized and clawed off and parrallel'd with the covenant , and laden with all that ignominy which it well deserved . though all this while their indignation was not so much against this form of association of their own contriving , but as it were through the sides of that , to wound all manner of legal and loyal associations ; more especially that which the parliament were about to have devised in a legal and parliamentary way , and in pursuance of his majesties most gracious promises . thereupon after they thought they had rendered the issue of their own brains sufficiently deformed , as indeed it could appear no otherwise in the eyes of all true protestant english-men ▪ then they began to set up abhorrencies of all manner of associations , and having drawn in the credulous , ignorant , and unwary to sign their plausible addresses , threw them at the feet of majesty , as the choicest jewels of the kingdoms loyalty , whereas indeed the grand arcanum of these abhorrences was to provoke and incence the people against all manner of associations , how necessary and expedient for the safety of the king and kingdom , or how legal soever , and thereby to put them out of love with the most probable means for the safety of their prince and themselves , and madly to abhor their own preservation . if self preservation be a thing to be allowed to all men , even every individual person by the law of nature , certainly the preservation of the great monarch , and three kingdoms is much more congruous even to the laws of god. so that indeed it is a shame that these late abhorrers should under the pretence of loyalty shew themselves so disloyal , and void of future prospect , as to be gull'd with the sh●ddow of a forged contrivance into a dislike and abhorrency of legal and parliamentary proceedings . we find in the learned camden ▪ that the earl of leicester , zealous for the good of the queen and kingdom , and seeing the imminent dangers , wherein both were involv'd , procured an associaation with seals and subscriptions to it ▪ without her knowledg ( and yet she was princess , that used to be very smart upon those that attempted any thing without it . ) nevertheless she was so far from thinking it a crime , or blaming her great minister , that she not only gave her parliament liberty to confirm it , but gave them her thanks in these words . the association you entred into for my safety , i have not forgotten , a thing i never so much as thought of till a great number of hands and seales to it were shewed me . this has laid a perpetual tye and obligation upon me , to bear you a singular good will and love who have no greater comfort then in yours , and the common-wealth's respect and affection toward me . cambdens eliz. l. 3. p. 365. from whence it may seem probable that the world would have had no reason to think ill of any of those who had it in their power , seeing the parliament fail'd , had they imitated the earl of leicester , and procured an association of the same nature of all his majesties loyal subjects , rather than to promote and connive at abhorrences of the only way which the parliament could think of for his preservation : there is no question to be made but his majesty who is all goodness and clemency might have prov'd as thankful as queen elizabeth . sir francis whithins after the deservedly exploded paper was read at the old-baily , confessed , that it was plausibly penn'd at the beginning , and went on a great way so , till the last clause but one ; then which there is nothing that makes it more probable , that this same traiterous association was written and fram'd by some jesuite , and that for mischiefs sake ▪ for if ever they do any good , 't is always that will any may be at the end of 〈…〉 his religious long cloak sweep the ground as well before as behind , his cloven feet will appear one way or other . and this you see the holy roman-catholick league , conorived by the jesuites against henry the third of france , contained many heavenly and pious pretences , but aim'd at the destruction of the lawful monarch of france , and obliged his subjects to it : whereas the counter-association of the french protestants was made to better purposes , the preservation of their prince and the defence of themselves against the pope and the guises their mortal enemies , and then rebells to their prince , of which the king himself was not a little sensible , and indulged them several favours in reference to the exercise of their religion . to associate is no more then devovere se pro regis & patriae salute , to devote himself for the safety of his king and country . now for men to be so scandalously led away by their own imprudence , and the subtlety of others , as to abhor the defence of their king and country , is an apparent sign , that few of the addressors ever considered what they writ or what they read . the consul or preter among the romans , had power to devote any citizen of rome , in time of iminent danger , as a piaculum to all one by his death the anger of the gods , and they who were thus devoted never disobeyed , but threw themselves headlong into certain ruin , to preserve their own country . by this means curtius and decius saved the romans in ancient time . thus leonides with his three hundred spartans associated in an indispensible resolution to live and dye for their country saved greece from that seemingly invincible power of xerxes ; and after the destructive battle of cannae , rome had been utterly lost , had not scipio affricanus compelled them that were left behind and spared from the carthaginiam slaughter , to swear that they would never forsake their country ▪ of later times , the prince of orange was the person that caused several cities of the low-country's to enter into an association , which was called the holy union , and peace of religion . from these or some such president the earl of leicester doubtless drew the plot from off that association , which was afterwards confirmed in parliament , and was so graciously accepted of the queen , so that it was no wonder that the parliament proposed among themselves the same expedient which their predecessors had made use of upon the same importunities of danger to his present majesty and his kingdom . for which their debates most certainly merited a more kind reward and a higher gratitude then hot brained abhorrences of a their loyalty to their prince ▪ and country , and the reproach of a fobb'd association , which 〈◊〉 good man will ever believe to have come within the verge of their thoughts . post script upon these grounds , and upon these reasons , i am apt to think the author of the parallel was more zealous , then wise , or else he had little to do , to sweat and turmoil himself in satyrising against a thing that was never justified by any person living , so that it was but a hard shift to beg a question , that he might shew the world how well he could behave himself upon a better occasion : truly the gentleman is very sharp , and his sharp●ess had been commendable , had any been found guilty , either of framing or abetting the paper . but now we may as well believe that he was the author of it himself , and that he slid it into the world , that he might have a subject to excercise the cutting lashes of rapsodies ; 't is such a pretty odd kind of way of writing , and indeed such a one as hardly has any parallel , for a man to rave and tear and fret himself for so many paragraphs together , that you would fear the melting of his grease ; and yet that his reader must be forced at every stop , to ask the gentleman what he meanes ? who is 't he storms against ? if it be the old baily association he fumes at , as to the peccant part of it , there is no body but had as much to say , and would have said as much against it , and perhaps more then he has done , had there been occasion . but for people that never saw the thing , and perhaps never heard of it till it was printed by two loyal stationers for them , to be brought under suspitions of treason and rebellion , and rendred odious to the world , seems rather a plot upon the innocent , then a reproof or rebuke of the guilty , so that what ever the gentleman has said against the association it self , shall be freely granted him , he shall have the bays and the victory : but let him not however be proud of it , because he has not abtained it over foes but friends , besides i find the gentleman is not an enemy to all associations neither , but only factious associations , in which point we most harmoniously agree with him . but why he should be so furious upon the late juries as to tax them for a band of covenanting associators such as would have acquitted the factious inditor of this association , had they found him musing upon it at his desk ; such as would have cleared a protestant joyner , had they seix'd him with his hand on his majesty , &c. i say why the gentle should lay such dismal aspersions , and hyperbolize in such a hot-headed and malicious stile upon the fame , the reputation , nay the very thoughts of men , which it may be justly presumed were altogether unknown to him , there is no true reason to be given , unless it were some young crape gown levite that had a mind to be dabling in gall and ink ; and then there are two . for among that sort of people there are many , for want of education , very malapar tothers for want of that which in them should be most conspicuous good example , and out of a cruel and bonner-like disposition , most remarkable uncharitable : otherwise the very names of most of the gentlemen that were upon those late juries , had been a charm against those bloudy reflections and virulent repoaches , which the paralleller , like a little god a mighty , or searcher of hearts has cast upon them . let him be who he will , the rashness of his hyperboles plainly shew's , that his pen run before his wit , and his inconderate inveteracy before his religion : as for his thoughts of the presbyterian plot , they are not worth taking notice of , only it may not be a miss to give you a short account of his arguments by which he proves the late association to be a member of it . imprimis , every tyler , or jack straw . item , conscience applyed to the capriciousness of fancy . item , every froward fool. item , each dissenting ass . item , every prejudiced noddle . item , the silly rout. i only cite the stress , marrow , pith or quinticense of the gentlemans arguments ; the rest would be too redious . now is not this enough to convince any man of reason of the truth of the presbiterian plot , and that the sham association was of their fraiming in imitation of the covenant ? nay gentlemen , if age will not believe pulpit rhetorick , and crape gown extasie — y' are all men of lost consciences , heaven have mercy on you defrauded judgments . but these declaimers doe not consider the fable of esop , that man is born with two pouches , one hanging before , wherein are the failings of other men ready at hand ? that behind contains their own miscarriages , which they want the help of the brass screws , to turn their heads to look into . only by this we find the difference between a popish and a presbiterian plot , that the first is a plot upon full proof and evidence , the other a plot by conjecture . as for his large comment upon the association it self , let them give an answer to it whom it concerns . only i am apt to believe that had not those loyal gentlemen that exposed it first to publick view found out a way to print it for the sake of a little gain , jig by joul with the covenant , it had died upon the earles acquittal , without ever been taken notice of , as being a thing little known , and less regarded by all wise men who were not only sensible of the illegality of it , but well knew how unlikely , if not impossible it was to be put in practice : so that the publishing of it was a thing done rather out of the spite and malice of those loyal gentleman , or rather factious associators , according to the gentleman 's own distinction between a true patriot and a factious associator , to inflame the nation , & cast an odium upon the peaceable people of the kingdom rather then to do their prince any real service . and perhaps it would have become the parallell or himself , since he would needs play the gladiator , and exercise his pen against an image of those gentlemens erecting , to have better informed us who those persons against whom he so bitterly declaimes , then to lay such opprobious scandals upon thousands ; for the miscarriages of some few ; and those few for ought i find as little known to him , as the vast numbers of the innocent . finis 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. this text is an enriched version of the tcp digital transcription a62025 of text r183228 in the english short title catalog (wing s624). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 87 kb of xml-encoded text transcribed from 22 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a62025 wing s624 estc r183228 12602983 ocm 12602983 64210 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a62025) transcribed from: (early english books online ; image set 64210) images scanned from microfilm: (early english books, 1641-1700 ; 702:8) 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. [8], 35 p. s.n.], [london : 1647. "stated by wood to have been drawn up by dr. robert sanderson in what referred to reason and conscience, and by dr. richard zouche in the legal part, with the help of certain [other] delegates [including gerard langbaine.]"--cf. madan 1926. translation of: judicium universitatis oxoniensis. first edition. reprinted as an appendix to walton's life of sanderson. errata: p. 35. reproduction of original in duke university library. includes bibliographical references. eng university of oxford -early works to 1800. solemn league and covenant (1643) great britain -history -civil war, 1642-1649. a62025 r183228 (wing s624). civilwar no reasons of the present judgement of the vniversity of oxford, concerning the solemne league and covenant. the negative oath. the ordinances sanderson, robert 1647 15539 13 5 0 0 0 0 12 c the rate of 12 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2002-11 tcp assigned for keying and markup 2002-12 aptara keyed and coded from proquest page images 2003-01 john latta sampled and proofread 2003-01 john latta text and markup reviewed and edited 2003-02 pfs batch review (qc) and xml conversion 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 reformation , that the lord may turn away his wrath and heavy indignation , and establish these churches and kingdoms in truth and peace . and this covenant we make in the presence of almighty god the searcher of all hearts , with a true intention to perform the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to blesse our desires and proceedings with such successe , as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoke of antichristian tyrannie ; to joyn in the same , or like association and covenant , to the glory of god , the enlargement of the kingdome of iesus christ , and the peace and tranquility of christian kingdoms and common-wealths . the negative oath . i a. b. doe sweare from my heart , that i will not directly , nor indirectly , adhere unto , or willingly assist the king in this war , or in this cause , against the parliament , nor any forces raised without the consent of the two houses of parliament , in this cause or warre : and i doe likewise sweare , that my comming and submitting my selfe under the power and protection of the parliament , is without any manner of designe whatsoever , to the prejudice of the proceedings of this present parliament , and without the direction , privity , or advice of the king , or any of his councell , or officers , other then what i have now made knowne . so helpe me god , and the contents of this booke . reasons why the vniversity of oxford cannot submit to the covenant , the negative oath , the ordinance concerning discipline and directory mentioned in the late ordinance of parliament for the visitation of that place . whereas by an ordinance of the lords and commons assembled in parliament , for the visitation and reformation of the university of oxford lately published , power is given to certain persons therein named as visitors , to enquire concerning those of the said university that neglect to take the solemne league and covenant , and the negative oath being tendred unto them , and likewise concerning those that oppose the execution of the ordinances of parliament concerning the discipline and directory , or shall not promote or cause the same to be put in execution according to their severall places and callings , we the masters , scholars , and other officers and members of the said university , not to judge the consciences of others , but to cleare our selves before god and the world from all suspicion of obstinacie , whilst we discharge our own , present to consideration the true reasons of our present judgment concerning the said covenant , oath , and ordinances : expecting so much justice , and hoping for so much charity , as either not to be pressed to conforme to what is required in any the premisses , further then our present judgements will warrant us ; or not condemned for the refusing so to doe , without cleare and reall satisfaction given to our just scruples . §. i. of the preface to the covenant . the exceptions against the introductory preface to the covenant although we insist not much upon , because it may be said to be no part of the covenant : yet among the things therein contained , the acknowledgment whereof is implicitely required of every covenanter , 1. we are not able to say , that the rage , power , and presumption of the enemies of god ( in the sense there intended ) is at this time increased . 2. nor can truly affirme that we had used , or given consent to any supplication or remonstrance to the purposes therein expressed . 3. nor doe conceive the entring into such a mutuall league and covenant to be a lawfull , proper and probable meanes to preserve our selves and our religion from ruine and destruction . 4. nor can believe the same to be according to the commendable practice of these kingdomes , or the example of gods people in other nations . when we find not the least foot-step in our histories of a sworne covenant ever entred into by the people of this kingdome upon any occasion whatsoever ; nor can readily remember any commendable example of the like done in any other nation : but are rather told by the defenders of this covenant , that a the world never saw the like before §. ii. of the covenant in grosse . first , we are not satisfied , how we can submit to the taking thereof , as it is now imposed under a penalty . 1. such imposition ( to our seeming ) being repugnant to the nature of a covenant : which being a contract implyeth a a voluntary mutuall consent of the contractors ; whereunto men are to be induced by perswasions , not compelled by power . in so much that the very words of this covenant in the preface , conclusion , and whole frame thereof runne in such a forme throughout , as import a consent rather grounded upon prudentiall motives , then extorted by rigour . 2. without betraying the liberty , which by our protestation we are bound , and in the third article of this covenant must sweare , with our lives and fortunes to preserve . to which liberty the imposition of a new oath , other then is established by act of parliament , is expressed in the b petition of right , and by the lords and commons in their c declarations acknowledged to be contrary . 3. without acknowledging in the imposers , a greater power then , for ought that appeareth to us , hath been in former time challenged ; or can consist with our former protestation ( if we rightly understand it ) in sundry the most materiall branches thereof . neither , secondly , are we satisfied ; ( although the covenant should not be imposed upon us at all , but only recommended to us , and then left to our choice ; ) 1. how we should in wisedome and duty ( being subjects ) of our own accord and free will enter into a covenant , wherein he , whose subjects we are , is in any wise concerned , without his consent , either expressed or reasonably presumed . it being in his power ( as we conceive ) by the equity of the law , numb. 30. to annull and make void the same at his pleasure . 2. how we can ( now that his majesty hath by his publique d interdict sufficiently made known his pleasure in that behalfe ) enter into a covenant , the taking whereof he hath expresly forbidden ; without forfeiting that obedience , which ( as we are perswaded ) by our naturall allegiance and former oathes we owe unto all such his majesties commands , as are not in our apprehensions repugnant to the will of god , or the positive laws of this kingdome . § iii. of the first article of the covenant . wherein , first , we are not satisfied , how we can with judgement sweare to endeavour to preserve the religion of another kingdome ; 1. whereof as it doth not concerne us to have very much , so we professe to have very little understanding . 2. which ( so far as the occurrents of these unhappy times have brought it to our knowledge , and we are able to judge ) is in three of the foure specified particulars , viz. worship , discipline , and government , much worse ; and in the fourth ( that of doctrine ) not at all better then our own ; which we are in the next passage of the article required to reforme . 3. wherein if hereafter we shall find any thing ( as upon farther understanding thereof it is not impossible we may ) that may seem to us savouring of popery , superstition , heresie , or schisme , or contrary to sound doctrine , or the power of godlinesse ; we shall be bound by the next article to endeavour the extirpation , after we have bound our selves by this first article to the preservation thereof . 4. wherein we already find some things ( to our thinking ) so far tending towards a superstition and b schisme , that it seemeth to us more reasonable that we should call upon them to reforme the same , then that they should call upon us to preserue it . secondly , we are not satisfied in the next branch , concerning the reformation of religion in our own kingdome , in doctrine , worship , discipline and government ; how we can sweare to endeavour the same , ( which without making a change therein cannot be done , ) 1. without manifest scandall to the papist and separatist , 1. by yeelding the cause , which our godly bishops and martyrs , and all our learned divines ever since the reformation have both by their writings and sufferings maintained ; who have justified , against them both , the religion established in the church of england to be agreeable to the word of god . 2. by justifying the papists in the reproaches and scorne by them cast upon our religion , whose usuall objection it hath been and is , that we know not what our religion is ; that since we left them , we cannot tell where to stay ; and that our religion is a c parliamentary religion . 3. by a tacite acknowledgement that there is something both in the doctrine and worship , whereunto their conformity hath been required , not agreeable to the word of god ; and consequently justifying them both , the one in his recusancy , the other in his separation . 4. by an implied confession , that the lawes formerly made against papists in this kingdome , and all punishments by virtue thereof inflicted upon them , were unjust ; in punishing them for refusing to joyne with us in that forme of worship , which our selves ( as well as they ) doe not approve of . 2. without manifest wrong unto our selves , our consciences , reputation and estates ; in bearing false witnesse against our selves , and sundry other wayes : by swearing to endeavour to reforme that , as corrupt and vicious ▪ 1. which we have formerly by our personall subscriptions approved , as agreeable to gods word : and have not been since either condemned by our own hearts for so doing , or convinced in our judgements by any of our brethren that therein we did amisse . 2. which in our consciences we are perswaded , not to be in any of the foure specified particulars ( as it standeth by law established ) much lesse in the whole foure , against the word of god . 3. which we verily believe ( and , as we think upon good grounds ) to be in sundry respects much better , and more agreeable to the word of god , & the practice of the catholique church , then that which we should by the former words of this article sweare to preserve . 4. whereunto the d lawes yet in force require of all such clerks as shall be admitted to any benefice , the signification of their hearty assent , to be attested openly in the time of divine service before the whole congregation there present , within a limited time , and that under pain ( upon default made ) of the losse of every such benefice . 3. without manifest danger of perjury : this branch of the article ( to our best understandings ) seeming directly contrary 1. to our former solemne protestation , which we have bound our selves neither for hope , feare , or other respect ever to relinquish . wherein the doctrine which we have vowed to maintaine , by the name of the true protestant religion expressed in the doctrine of the church of england , we take to be the same which now we are required to endeavour to reform and alter . 2. to the oath of supremacy , by us also taken , according to the lawes of the realme , and the statutes of our university in that behalfe . wherein having first testified and declared in our consciences , that the kings highnesse is the only supreme governour of this realme , we doe after swear to our power to assist and defend all iurisdictions , privileges , preheminences , and authorities granted or belonging to the kings highnesse , his heires , and successors , or united and annexed to the imperiall crowne of this realme . one of the which privileges and preheminences , by an expresse statute so annexed , and that even , in terminis , in the selfe-same words in a manner with those used in the oath , is the whole power of spirituall or ecclesiasticall jurisdiction , for the correction and reformation of all manner of errors and abuses in matters ecclesiasticall : as by the e words of the said statute more at large appeareth . the oath affording the proposition , and the statute the assumption , we find no way how to avoyd the conclusion . §. iv. of the second article of the covenant . first , it cannot but affect us with some griefe and amazement , to see that antient forme of church-government , which we heartily ( and , as we hope , worthily ) honour ; as under which our religion was at first so orderly , without violence or tumult , and so happily , reformed ; and hath since so long flourished with truth and peace , to the honour and happinesse of our owne , and the envy and admiration of other nations , not only 1. endeavoured to be extirpated ; without any reason offered to our understandings , for which it should be thought necessary , or but so much as expedient so to doe . but also 2. ranked with popery , superstition , heresie , schisme and prophanesse ; which we unfainedly professe our selves to detest as much as any others whatsoever . 3. and that with some intimation also , as if that government were some way or other so contrary to sound doctrine , or the power of godlinesse , that whosoever should not endeavour the extirpation thereof must of necessity partake in other mens sins , which we cannot yet be perswaded to believe . 4. and we desire it may be considered , in case a covenant of like forme should be tender'd to the citizens of london , wherein they should be required to sweare , they would sincerely , really and constantly without respect of persons , endeavour the extirpation of treason , the city government ( by a lord major , aldermen , sheriffes , common-councel and other officers depending thereon ) murther , adultery , theft , cosenage , and whatsoever shall be , — &c. lest they should partake in other mens sinnes ; whether such a tendry could be looked upon by any citizen that had the least spirit of freedome in him as an act of justice , meeknesse and reason ? secondly , for episcopall government ; we are not satisfied how we can with a good conscience sweare to endeavour the extirpation thereof , 1. in respect of the thing it selfe . concerning which government we thinke we have reason to believe , 1. that it is ( if not iure divino in the strictest sense , that is to say , expressely commanded by god in his word , yet ) of apostolicall institution , that is to say , was established in the churches by the apostles , according to the mind and after the example of their master iesus christ , and that by virtue of their ordinary power and authority derived from him , as deputed by him governors of his church . 2. or at least , that episcopall aristocracy hath a fairer pretension , and may lay a juster title and claime to a divine institution then any of the other formes of church-government can doe ; all which yet do pretend thereunto , viz. that of the papall monarchy , that of the presbyterian democracy , and that of the independents by particular congregations , or gathered churches . 2. but we are assured by the undoubted testimony of antient records and later histories , that this forme of government hath beene continued with such an universall , uninterrupted , unquestioned succession in all the churches of god , and in all kingdomes that have beene called christian throughout the whole world ▪ for fifteen hundred yeers together ; that there never was in all that time any considerable opposition made there against . that of aërius was the greatest , wherein yet there was little of consideration , beside these two things : that it grew at the first but out of discontent ; and gained him at the last but the reputation of an heretique . from which antiquity and continuance ▪ we have just cause to fear , that to endeavour the extirpation thereof , 1. would give such advantage to the papists , who usually object against us , and our religion , the contempt of antiquity , and the love of novelty ; that we should not be able to wipe off the aspersion . 2. would so diminish the just authority due to the consentient judgement and practice of the universall church ( the best interpreter of scripture in things not clearly exprest ; for lex currit cum praxi : ) that without it we should be at a losse in sundry points both of faith and manners , at this day firmely believed and securely practiced by us ; when by the socinians , anabaptists , and other sectaries we should be called upon for our proofes . as namely sundry orthodoxall explications concerning the trinity and co-equality of the persons in the god-head , against the arians and other heretiques ; the number , use and efficacy of sacraments ; the baptising of infants ; nationall churches ; the observation of the lords-day ; and even the canon of scripture it self . thirdly , in respect of our selves ; we are not satisfied , how it can stand with the principles of iustice , ingenuity , and humanity , to require the extirpation of episcopall government ( unlesse it had been first cleerly demonstrated to be unlawful ) to be sincerely and really endeavoured , by us , 1. who have all of us , who have taken any degree by subscribing the 39. articles , testified our approbation of that government : one of those a articles affirming the very book containing the form of their consecration to contain in it nothing contrary to the word of god . 2. who have most of us ( viz. as many as have entred into the ministery ) received orders from their hands : whom we should very ill requite for laying their hands upon us , if we should now lay to our hands to root them up , and cannot tell for what . 3. who have sundry of us , since the beginning of this parliament , subscribed our names to petitions exhibited or intended to be exhibited to that high court , for the continuance of that government . which as we then did sincerely and really , so we should with like sincerity and reality , still ( not having met with any thing since to shew us our errour ) be ready to doe the same again , if we had the same hopes we then had of the reception of such petitions . 4. who hold some of us our livelyhood , either in whole or in part , by those titles of deanes , deanes and chapters , &c. mentioned in the articles ; being members of some collegiate or cathedrall churches . and our memories will not readily serve us with any example in this kind since the world began ; wherein any state or profession of men , though convicted ( as we are not ) of a crime that might deserve deprivation , were required to bind themselves by oath , sincerely and really to endeavour the rooting out of that ( in it selfe not unlawfull ) together wherewith they must also root out themselves , their estates and livelyhoods . 5. especially it being usuall in most of the said churches , that such persons as are admitted members thereof , have a personall oath administred unto them , to maintain the honour , immunities , libertyes , and profits of the same ; and whilst they live to seeke the good , and not to doe any thing to the hurt , hindrance , or prejudice thereof ; or in other words to the like effect . fourthly , in respect of the church of england : we are not satisfied how we can swear to endeavour the extirpation of the established government , no necessity or just cause for so doing , either offering it selfe , or being offered to our understandings . 1. since all change of government unavoidably bringeth with it , besides those that are present and evident , sundry other inconveniences , which no wit of man can possibly fore-see to provide against , till late experience discover them : we cannot be sure , that the evils which may ensue upon the change of this government , ( which hath been of so long continuance in this kingdome , is so deeply rooted in the lawes thereof , and hath so neere a conjunction with , and so strong an influence upon the civill state and government , as that the change thereof must infer the necessity of a great alteration to be made in the other also ; ) may not be greater then the supposed evils whatsoever they are , which by this change are sought to be remedied . for there are not yet any come to our knowledge of that desperate nature , as not to be capable of other remedy , then the utter extirpation of the whole government it selfe . 2. whereas the house of commons have b remonstrated , that it was far from their purpose or desire to abolish the church-government , but rather that all the members of the church of england should be regulated by such rules of order and discipline as are established by parliament , and that it was malignancie to infuse into the people that they had any other meaning : we are loth by consenting to the second article to become guilty of such infusion , as may bring us within the compasse and danger of the fourth article of this covenant . 3. since it hath been declared by sundry c acts of parliament , that the holy church of england was founded in the state of prelacy within the realm of england : we dare not by endeavouring the extirpation of prelacy , strike at the very foundation , and thereby ( as much as in us lyeth ) cooperate towards the ruine of this famous church ; which in all conscience and duty we are bound with our utmost lawfull power to uphold . lastly , in respect of our obligations to his majesty by our duty and oathes : we are not satisfied how we can swear 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 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 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 upon our religion , 1. that we practice that our selves , which we condemne in the papist , viz. swearing with jesuiticall equivocations and mentall reservations . 2. that we take the glorious and dreadfull name of god in vaine ; and play fast and loose with oathes : in as much as what we swear to day in one sense , we may swear the direct contrary to morrow in another . and 3. it will give strength to that charge which is layd to the presbyterian party , in speciall , both a by iesuites and b sectaries ; that there is no faith to be given to protestants , whatever they swear ; because they may swear one thing in their words , and in their own sense mean another . the second way is , to take the covenant with these or the like generall salvo's exp●essed , viz. so far as lawfully i may ; so far as it is agreeable to the word of god , and the lawes of the land ; saving all oathes by me formerly taken , &c. but . 1. we beleeve this mocking of god would be so far from freeing us from the guilt of perjury , that thereby we should rather contract a new guilt of most vile and abominable hypocrisie . 2. it seemeth all one unto us ( the thing being otherwise supposed unlawfull ) as if we should swear to kill , steal , commit adultery , or forswear our selves , so far as lawfully we may . 3. if this would satisfie the conscience , we might with a good conscience not only take the present covenant , but even subscribe to the councell of trent also ; yea and to the turkish alcoran ; and swear to maintain and defend either of them , viz. so far as lawfully we may , or as they are agreable to the word of god . thirdly , for the second article in particular , in the branch concerning the extirpation of church-government , we are told that it is to be understood of the whole government , taken collectively and in sensu composito , so as if we doe endeavour but the taking away of apparitors only , or of any other one kind of inferiour officers belonging to the ecclesiastcall hierarchy , we shall have sufficiently discharged our whole promise in that particular without any prejudice done to episcopacy . but 1. neither the composers of the covenant by their words , nor the imposers of it by their actions , have given us the least signification that they meant no more . 2. yea rather , if we may judge either by the cause or the effects , we may well think there was a meaning to extirpate the whole government , and every part thereof in the article expressed . for 1. the covenant being ( as we have no cause to doubt ) framed at the instance of the scots and for the easier procuring of their assistance in the late war , was therefore in all reason so to be framed and understood as to give them satisfaction , & ( considering what themselves have c declared ) against episcopacy , we have little reason to beleeve the taking away apparitors , or any thing , lesse then the rooting out of episcopacy it self , would have satisfied them . 2. the proceedings also since the entring of this covenant in endeavouring by ordinance of parliament to take away the name , power , and revenues of bishops doe sadly give us to understand , what was their meaning therein . fourthly , as to the scruples that arise from the soveraignty of the king , and the duty of allegiance as subjects ; we find two severall wayes of answering , but little satisfaction in either . 1. the former , by saying ( which seemeth to us a piece of unreasonable and strange divinity ) that protection and subjection standing in relation either to other , the king being now disabled to give us protection , we are thereby freed from our bond of subjection . whereas 1. the subjects obligation ( ius subjectionis ) doth not spring from , nor relate unto the actuall exercise of kingly protection ; but from and unto the princes obligation to protect ( ius protectionis . ) which obligation lying upon him as a duty which he is bound in conscience to performe , when it is in his power so to doe ; the relative obligation thereunto lyeth upon us as a duty which we are bound in conscience to performe , when it is in our power so to doe . his inability therefore to performe his duty doth not discharge us from the necessity of performing ours , so long as we are able to doe it . 2. if the king should not protect us , but neglect his part , though having power and ability to perform it ; his voluntary neglect ought not to free us from the faithfull performance of what is to be done on our part . how much lesse then ought we to think our selves dis-obliged from our subjection , when the non-protection on his part is not from the want of will , but of power ? 2. the later ( wherein yet some have triumphed ) by saying that the parliament being the supreme judicatory of the kingdome , the king , wheresoever in person , is ever present there in his power , as in all other courts of justice : and that therefore whatsoever is done by them , is not done without the king , but by him . but craving pardon first , if in things without our proper sphere we hap to speak unproperly or amisse ; we mustnext crave leave to be still of the same mind we were , till it shall be made evident to our understandings , that the king is there in his power , as it is evident to our senses that he is not there in his person : which so far as our naturall reason and small experience will serve us to judge , all that hath been said to that purpose can never doe . for , first , to the point of presence : 1. we have been brought up in a beliefe that for the making of lawes the actuall d royall assent was simply necessary , and not onely a virtuall assent supposed to be included in the votes of the two houses : otherwise , what use can be made of his negative voice ? or what need to e desire his royall assent , to that which may be done as well without it ? 2. the f statute , providing that the kings assent to any bill signified under his great seal shall be to all intents of law as valid & effectual , as if he were personally present , doth clearly import that as to the effect of making a law , the kings power is not otherwise really present with the two houses , then it appeareth either in his person or under his seal : any other real presence is to us a riddle , not much unlike to that of transubstantiation : an imaginary thing , rather devised to serve turnes , then believed by those that are content to make use of it . 3. such presence of the king there , when it shall be made appeare to us either from the writs , whereby the members of both houses are called together , or by the standing lawes of the land , or by the acknowledged judgement , and continued practice of former and later ages , or by any expresse from the king himself , clearly declaring his minde to that purpose , we shall then as becometh us , acknowledge the same , and willingly submit thereunto . and as for the argument drawn from the analogie of other courts , wherein the kings power is alwayes supposed to be virtually present , under submission we conceive it is of no consequence . 1. the arguments à minore and à majore are subject to many fallacies ; and unlesse there be a parity of reason in every requisite respect between the things compared , will not hold good : a pety constable ( they say ) may doe something which a justice of peace cannot doe : and the steward of a pety mannour hath power to adminster an oath , which ( as we are told ) the house of commons it self hath no power to doe . 2. that the high court of parliament is the supream judicatory , we have been told it is by vertue of the kings right of presiding there , he being g the supream iudge , and the members of both house his councell : which being so , the reason of difference is plaine between that and other judicatories in sundry respects . 1. the judges in other courts are deputed by him , and doe all in his name , and by his authority ; and therefore the presence of his power in those courts of ministeriall jurisdiction is sufficient , his personall presence not necessary , neither hath he any personall vote therein at all . but in the high court of parliament , where the king himself is the supreme judge , judging in his own name and by his own authority , his power cannot be presumed to be really present without either the actuall presence of his person , or some virtuall representation thereof signified under his great seal . 2. the judges in inferiour courts , because they are to act all in his name , and by his authority , doe therefore take oathes of fidelity for the right exercising of judicature in their severall places ; sitting there , not by any proper interest of their owne , but only in right of the king , whose judges they are , and therefore they are called the kings judges and his ministers . but in the high court of parliament , the lords and commons sit there in councell with the king as supreme judge for the good of the whole realm ; and therefore they are not called the kings judges , but the kings councell : and they have their severall proper rights and interests peculiar and distinct both between themselves , & from that of the kings ; by reason whereof they become distinct h orders , or , as of late times they have been stiled ( in this sense as we conceive ) i three distinct estates . each of which being supposed to be the best conservators of their own proper interest ; if the power of any one estate should be presumed to be virtually present in the other two , that estate must needs be in inevitably liable to suffer in the proper interests thereof . which might quickly prove destructive to the whole kingdome : the safety and prosperity of the whole consisting in the conservation of the just rights and proper interests of the maine parts , viz. the king , lords , and commons , inviolate and entire . 3. the judges of other courts , for as much as their power is but ministeriall and meerly judiciall , are bounded by the present lawes , and limited also by their owne acts : so as they may neither swerve from the laws , in giving judgement , nor reverse their owne judgements after they are given . but the high court of parliament , having ( by reason of the kings supreme power presiding therein ) a power legislative as well as judiciall , are not so limited by any earthly power , but that they may change and over-rule the lawes , and their own acts at their pleasure . the kings personall assent therefore is not needfull in those other courts , which are bounded by those lawes whereunto the king hath already given his personall assent : but unto any act of power beside , beyond , above , or against the lawes already established , we have been informed , and it seems to us very agreeable to reason , that the kings personall assent should be absolutely necessary : forasmuch as every such act is the exercise of a legislative rather then of a judiciall power ; and no act of legislative power in any community ( by consent of all nations ) can be valid , unlesse it be confirmed by such person or persons as the soveraignty of that community resideth in . which soveraignty , with us , so undoubtedly resideth in the person of the king , that his ordinary style runneth , — our k soveraign lord the king : and he is in the oath of supremacie expresly acknowledged to be the onely supreme governour within his realmes . and we leave it to the wisdome of others to consider , what misery and mischief might come to the kingdome , if the power of any of these three estates should be swallowed up by any one or both the other , and if then under the name of a judiciall there should be yet really exercised a legislative power . 4. since all judiciall power is radically and originally in the king , ( who is for that cause styled by the lawes l the fountaine of iustice ) and not in any other person or persons , but by derivation from him : it seemeth to us evident , that neither the judges of inferiour courts of ministeriall justice , nor the lords and commons assembled in the high court of parliament , may of right exercise any other power over the subjects of this realm , then such as by their respective patents and writs issued from the king , or by the known established laws of the land formerly assented unto by the kings of this realm doth appear to have been from him derived unto them . which lawes , patents and writs being the exact boundary of their severall powers it hath not yet been made appeare to our understandings , either from the lawes of the realme , or from the tenour of those writs by which the parliament is called , that the two houses of parliament have any power without the king to order , command , or transact ; but with him m to treat , consult , and advise concerning the great affairs of the kingdome . in which respect they have sundry times in their declarations to his majesty called themselves by the name of his great councell . and those lawes and writs are ( as we conceive ) the proper topick , from which the just power of the honourable houses can be convincingly deduced : and not such fraile colletions as the wits of men may raise from seeming analogies and proportions . § ▪ viii . of the negative oath . we are not satisfied , how we can submit to the taking of the negative oath , 1. without forfeiture of that liberty , which we have sworne and are bound to preserve . with which liberty we conceive it to be inconsistent , that any obligation should be laid upon the subject , by an oath not established by act of parliament . 2 , without abjuring our a naturall allegiance , and violating the oathes of supremacy and allegiance by us formerly taken . by all which being bound to our power to assit the king , we are by this negative oath required to swear , from our heart , not to assist him . 3. without diminution of his majesties just power and greatnesse , contrary to the third article of the covenant ; by acknowledging a power in the two houses of parliament , in opposition to the kings power . whereas we professe our selves unable to understand , how there can be any lawfull power exercised within this realme , which is not subordinate to the power of the king . §. ix . of the ordinances 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 defenditur . iure & mente ? rom. 14. 22. happy is he that condemneth not himselfe in that which he alloweth . the end . errata . page 23. marg. read haeretici . pag. 24. l. 12. read ecclesiasticall . p. 24. l. 27. r. declared against episcopacie ) p. 26. l. ult. marg. r. hen. 3. p. 28. 1. 24. r. be inevitably . notes, typically marginal, from the original text notes for div a62025e-480 a such an oath , as for matter , persons , and other circumstances , the like hath not been in any age or oath we read of in sacred or humane stories . m. nye , covenant with narrative , pag. 12. a pactum est duorum pluriúmve in idem placitū consensus . l. 1. ff. de pactis . b whereas many of them have had an oath administred unto them not warrantable by the lawes and statutes of this realme ▪ they doe humbly pray that no man hereafter be compelled to take such an oath . — all which they most humbly pray — as their rights and liberties according to the lawes and statutes of this realme . petit. of right , 3. c it is declared 16 ian. 1642. that the king cannot compell men to be sworne without an act of parliament . exact collect. pag. 859 , 860. d proclam . of 9. octob. 19. car. a ( viz. ) in accounting bishops antichristian , and indifferent ceremonies unlawfull . b viz. in making their discipline and government a mark of the true church , and the setting up thereof the erecting of the throne of christ . c let us not be blamed if we call it parliament religion , parliament gospel , parliament faith . harding confut . of apology , part 6. chap. 2. d stat. 13. eliz. 12. e such jurisdictions , privileges , superiorities and preheminences spirituall and ecclesiasticall , as by any , &c. for the visitation of the ecclesiasticall state and persons , and for reformation order and correction of the same , and of all manner errors , heresies , schismes , abuses , offences , contempts and enormities , shall for ever by authority of this present parliament be united and annexed to the imperiall crown of this realme . an act restoring to the crowne the antient jurisdiction , &c. 1 elizab. i. a art. 36. b — give advantage to this malignant party to traduce our proceedings . they infuse into the people that we mean to abolish all church-government — remonst . 15. dec. 1641. exact collect. pag. 19. the lords and commons doe declare , that they intend a due and necessary reformation of the government and liturgie of the church ; and to take away nothing in the one or in the other , but what shall be evill , and justly offensive , or at least unnecessary and burthensome . declar. 9. apr. 1642. exact coll. p. 135. c statut. of carlile 25. e. 1. recited 25. e. 3. d they infuse into the people , that we mean — to leave every man to his own fancie — absolving him of that obedience which he owes under god unto his majesty , whom we know to be entrusted with the ecclesiasticall law , as well as with the temporall . exact collect. ubi sup . p. 19. e that he will grant , keep and confirm the laws , customes , and franchises , granted to the clergie by the glorious king s. edward . and that he will grant and preserve unto the bishops , and to the churches committed to their charge , all canonicall privileges and due law and iustice ; and that he will protect and defend them , as every good king in his kingdome ought to be protector and defender of the bishops and the churches under their government . vide exact coll. p. 290 , 291. f see stat. 25. h. 8. 20. & 1. e. 6. 2 g see stat. 39. eliz. 8. h stat. 14. e. 3. 4. & 5. & 17. e. 3. 14 i stat. 26. h. 8. 3. & 1. eliz. 4. k — supremam potestatem & merū imperium apud nos habet rex . cambd. whereas by sundry divers old authentique histories & chronicles it is manifestly declared and expressed , that this realm of england is an empire , and so hath been accepted in the world , governed by one supream head and king , having the dignity and royall estate of the imperiall crown of the same . stat. 24. h. 8. 12. see also 1 elizab. 3. a the lords & commons doe declare , that they intend a due and necessary reformation of the liturgie of the church ; and to take away nothing therein but what shall be evill , and justly offensive , or at least unnecessary and burthensome . declarat . 9. apr. 1642. exact coll. pag. 135. c from whence it is most evident , that the rights and privileges of the parliaments and liberties of the kingdom are in the first place to be preserved . answ. to scotish papers , 18. nov. 1646. page 21. d we observe you mention the defence of the king twice from the covenant , yet in both places leave out in the preservation and , &c. pag. 39. & 46. a maine clause , without which the other part ought never to be mentioned . pag. 56. a haeretici nec deo , nec hominibus servant fidem . — speciatim hec addo , calvinistas in hac re deteriores esse quàm lutheranos . nam calvinistae nullam servant fi●em : iura , perjura . — lutherani moderatiores sunt . becan . 5. manual . controv. 14. 2. 4. &c. b invent oathes and covenants for the kingdome , dispence with them when he pleaseth , sweare and forsweare as the wind turneth , like a godly presbyter . arraig . of perfec . in epist. ded. c by the covenant , both houses of parliament , & many thousands of other his majesties subjects of england and ireland stand bound as well as we to hinder the setting up of the church-government by bishops in the kingdome of scotland : and that we as well as they stand bound to endeavour the extirpation thereof in england and ireland . scots declar. to the states of the united provinces , 5. aug. 1645. recited in answer to the scots papers , pag. 23. d the old formes of acts of parliam ▪ were , the king willeth , provideth , ordaineth , establisheth , granteth , &c. by the assent of parliament , &c. see statutes till 1 h. 4. after that , the king , of the assent of the lords spirituall and temporall , and at the speciall instance and request of the commons of this realm , hath ordained , &c. see statutes 1 h. 4. till 1 h. 7. a forme of such petition of the commons , see 1 r. 3. 6. prayen the commons in this present parliament assembled , that where , &c. please it therefore your highnesse , by the advice and assent of the lords spirituall and temporall in this your present parliament assembled , and by the authori●y of the same , to ordaince , &c. no bill is an act of parliament , ordinance , or edict of law , although both the houses agree unanimously in it , till it hath the royall assent . ancient customes , pag. 54. assemblee de ceux troys estats est appellee un act de parliament : car sans touts troys nest ascun act de parl. finch nomotech . fol. 21. we admit that no acts of parliament are complete , or formally binding without the kings assent . h. p. answer to david ienkins , pag. 6. e — which if your majesty shall be pleased to adorne with your majesties royall assent , ( without which it can neither be complete and perfect , nor — ) stat. 1. jac. 1. f stat. 33. h. 1. 21. g dominus rex habet ordinariam jurisdictionem , dignitatem & potestatem super omnes qui in regno suo sunt . — ea quae jurisdictionis sunt & pacis — ad nullum pertinent nisi and coronam & dignitatem regiam , nec à coronâ separari possunt . bracton cited by stamford , lib. 2. cap. 2. h for in our lawes , the clergie , nobility , & communalty are the 3. estates . — we your said most loving , faithfull , and obedient subjects , ( viz. the lords spirituall and temporall , and the commons ) representing your three estates of your realme of england , 1 eliz. 3. — the state of the clergie being one of the greatest states of this realme . 8 eliz. 1. i see fin●h supra ad lit. [ d ] . k the crown of england hath been so free at all times , that it hath been in no earthly subjection , but immediately to god in all things touching the regality of the said crowne . — 16 r. 2. 5. omnis sub eo est , & ipse sub nullo , nisi tantùm sub deo. parem autem non habet rex in regno suo , quia — item nec multò fortiùs superiorem aut potentiorem habere debet , quia sic esset inferior suis subjectis . bracton . conten . 1. rubr. 36. — cui {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , legibus ipsis legum vim imponendi potestatem deus dedit . finch nomotech . in epist. dedic. to k. iames . l fons iustitiae . bracton . by war to intend the alteration of the lawes in any part of them , is to levy war against the king , and consequently treason by the statute of 25 e. 3. — because they are the kings lawes . he is the fountaine from whence in their severall channels they are derived to the subject . master saint john's speech concerning the earle of strafford , page 12. m — et ibidem vobiscum colloquium habere , tractare super dictis negotiis tract : vestrumque consilium impensur : writ to the lords . a every subject by the duty of his allegiance is bounden to serve and assist his prince and soveraigne lord at all seasons when need shall require 11 h. 7. 18. stat. 1. el. 1. 1 cor. 5. 1. &c. 1 cor. 11. 28. &c. * stat. 23. eliz. 1. & 29. eliz. 6. & 35 el. 1. & 2. & 3 iac. 4. & 5. an explanation of some truths, of the carriage of things about this great work buchanan, david, 1595?-1652? this text is an enriched version of the tcp digital transcription a29956 of text r19658 in the english short title catalog (wing b5272). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 114 kb of xml-encoded text transcribed from 34 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a29956 wing b5272 estc r19658 11762050 ocm 11762050 48716 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a29956) transcribed from: (early english books online ; image set 48716) images scanned from microfilm: (early english books, 1641-1700 ; 17:9) an explanation of some truths, of the carriage of things about this great work buchanan, david, 1595?-1652? [5], 58 p. [s.n.], london : 1645. caption title: a short view of the present condition of scotland. "published by authority" reproduction of original in thomason collection, british library. eng church of scotland. solemn league and covenant (1643) a29956 r19658 (wing b5272). civilwar no an explanation of some truths, of the carriage of things about this great work. published by authority. buchanan, david 1645 20854 17 0 0 0 0 0 8 b the rate of 8 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2005-05 tcp assigned for keying and markup 2005-11 spi global keyed and coded from proquest page images 2006-09 ali jakobson sampled and proofread 2006-09 ali jakobson text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion an explanation of some truths , of the carriage of things about this great work . frustra laboramus , nisi laboris nostri reipublicae cui omnia post deum debemus , ratio constet . pro captu lectoris habent sua fata libelli . published by authority . london , printed in the yeer 1645. to the reader . impartiall and judicious reader , here i give thee a short and true view or description of the present state and condition of the scots , in relation to this great cause of church and state now in hand , for which these last yeers there hath been and yet at this present is such fighting and fensing with strength and skill amongst us in these dominions : on the one side , by the good party bestirring themselves by good and just actions in the field , and by right and wholsome advice in the counsell , to put forward and establish the truth of religion setled in a thorow reformation in doctrine and discipline , according to the word of god , and conform to the example of the best reformed neighbour-churches , as we are all sworn to by our solemn covenant ; to lay aside all other tyes in this place , for the glory of god , with the eternall salvation of our immortall souls ; and to obtain a solid and firm peace , in the enjoying whereof we may lead a sober and quiet life , serving god as we ought to do , and be in comfort one to another . on the other side , by the adverse party , not onely manifest and declared , but also secret and counterfeited , who first did begin this strife , and still continues it , acting by open warfare and secret undermining what he can , to hinder and put back this good work of a thorow reformation ; and in lieu of it , to raise up and put on , for faction and interest , with the inventions of men , cunningly devised , and craftily disguised with the mask of piety towards god , and of good towards the people . but of this , thou shalt see more in the ensuing discourse . a short view of the present condition of scotland . the common enemy , by great slight , and profound skill , having brought us all , in a manner , insensibly and smoothly , we hardly perceiving it , to such a passe , that we were all catched almost , when we did think our selves freest : for how many were there amongst us , who , thinking themselves sincere professors of the truely reformed religion , were altogether infected with errour and heresie , by an unparallell'd cunning of the enemies of the truth , in one way or other ? he then did judge it fit time ( as in all probability it was ) to dallie no more , nor deal with us by undermining any further , but in an open way , to overthrow whatsoever should lie in his way , in case of any opposition to his main designe , which is to withdraw men from the service of god , and from true love one to another . now , when he had cast his eyes up and down among us , to see where it was fittest for him to begin this his great and open undertaking , in the end he resolves to begin at scotland , where if he found compliance , he had what he desired ; for they , who were so far distant from him , having once complied , would not only invite others by their example to submit ; but also help him to go on with the work . and in case the scots should refuse , being not able to resist long , as he thought , by reason of their weaknesse for counsell and action ; with means to support both , they should be made an example of punishment to all others , not to dare to refuse , and against their will to serve unto the advancement of the designe . so the scots are gone too , and compliance is required of them , which almost had been obtained , ( the most part of the spirits of the people being kept under by heavy pressures , and the great ones inslaved by court-interest ; ) but god in his mercy to that nation , did stir up the spirits of divers of all ranks and degrees , despiseable indeed in the eyes of the enemy , to stand in the gap with wisdom and resolution : first , in a fair way to decline and put off what was unjustly required of them by the court , acting for the enemy of god and his people . next , when no better could be , they take arms and stop the enemies coming unto them , upon which a peace is made with them , and their just demands are granted for the most part , in words at least . the articles of peace are no sooner agreed upon , but resolution is taken by the court to break them thus : first , there is a plot set afoot to catch at berwick the chief sticklers for the truth . which plot , by gods providence , is discovered and disappointed . then shortly thereafter , at london , the articles are burned publikely , the scots commissioners put in prison , and ( a second expedition ) undertaken against them . so the scots reformers were put to work again by a new undergoing of war , which they perform as formerly , with wisdom and resolution , and with successe , under gods blessing : for , having in a very short time setled their own countrey , by subduing those who had then risen and stood out against them , they come into england to seek out the enemy , who was bound for their countrey ; unto whom they give a repulse , and thereafter they come forward to new-castle , from whence they send their commissioners to treat with the king , where all the time they stayed , they behaved themselves with such temper and moderation , that their sworn enemies had nothing to say against their carriage . the scots incoming and abode at new-castle , did embolden some of the english nobility , chief gentry , and magistracy , to petition the king openly and freely for a parliament , to redresse all the disturbances in the common-wealth , both of church and state . the king , although he had never intended to have any parliament ( as was clear , not onely by divers expressions of himself , and of the court , but also by the managing of publike affairs ) is necessitated by reason of the scots to grant a parliament , which he doth , and since he could not refuse it , his second thought is how to make it work for his purpose , which he endeavoureth by causing to be chosen divers members of the commons , so far as he was able to do , what by his own private orders , what by the court-dependers , nobles , and others of credit : but all will not do ; for some of those who were chosen by his procurement are rejected , others do not answer according to his expectation : then he plots with the army he had gathered against the scots , and by papists , to undo the parliament ; but the plot , through fear of miscarriage ( the scots being so neer ) is discovered , and faileth . after this , the king hath his recourse to the scots themselves , if they would come forward and destroy the parliament , they should have the plunder of the city of london for their pains , with the four next adjacent counties for their inheritances , besides store of money . the scots are so far from consenting to this base act , that they reject it with disdain , and give notice of it to the parliament , with assurance of their affection and faithfulnesse . upon this , the scots are cryed up to be parliaments army , by some , and the parliament to be for the scots . then jealousies must be raised against the scots , that they would never remove , nor go home . this reproach is raised and spred abroad by the adversaries of church and state , and received by the simpler ones , otherwayes well-meaning and well-disposed men . so the scots , to take away all kinde of suspicion , repaire home peaceably . then the king must follow them home to try conclusions : first , he essayeth again if the scots army could be corrupted for his designe : but he loseth his pains . next , he goeth on , and being in scotland , he tryeth if he can make sure the chief opposers of the great designe , as of some also who had not served him according to the trust he had given them therein : this plot also faileth . by this time , the irish break forth in rebellion , burning and spoiling the countrey , and slaying the english protestants there amongst them : the villains give out , that they have nothing to say against the scots their old friends , brethren , and neer neighbours , but against the adherents to that wicked parliament of england , so displeasing to the good king . this they did , hoping that by these fair words , and not doing harm at first to the scots amongst them , to make the scots be quiet , whom they knew would be very soon in readinesse to fall upon them , if the king and parliament of england would allow and desire it . the scots make offer of their service unto the king ( while he is amongst them ) for repressing the rebellion in ireland : he waves the businesse , and puts it off , with that he could do nothing without the parliament of england ; and so he cometh to the parliament , where till he was constrained , he said little or nothing of the rebels ; at last , he is made to make a declaration against them , and then course must be taken for repressing them . the scots continue to offer their assistance ; but with shifts , they were put off by the court , and by some corrupt men fiding with the court , for a long time . at last , the scots send an army into ireland , willing to do their best ; but not being furnished with necessaries for the prosecution of the service , nor supplied in their wants , they could not go on so earnestly and with such heartinesse as they themselves wished : so after divers of them had starved and perished for want , some return back to their own countrey , yet they leave there a considerable body under the conduct of major generall monro , which number had absolutely starved if it had not been supplied from scotland , who although it was not able to provide for that army in such a proportion as was needfull for a more earnest pursuance of the service , yet they kept them alive , and encouraged them to go still on with the work ; and although that army there hath not done all what was expected of them , yea not so much perchance , as some men conceive they might have done , yet one thing is acknowledged by all , that this army hath kept alive the protestant-businesses in that kingdom ; for without it , the cessation and compliance with the rebels had gone on through the whole countrey , unto the prejudice of the common cause , and to the damage of these kingdoms ; for the english army sent thither , being corrupted and drawn hither by the king , the protestant-indwellers in ireland had complyed , being inclined to the court for the most part . but to return unto england : the king having left london , resolves to make war against the parliament , and being at windsor he causeth to gather together some men , to try what he could do in the businesse ; but he seeing his few gathered men to be dispersed by the countrey , finds for such an undertaking he must have a help from beyond seas ; to this effect , he sends the queen unto holland : and he finds that he must go further off from london : so after her departing , he goeth to york , where he sets afoot , and lays all the devises he can to make war against the parliament . the scots hearing of this , presently send commissioners to deal with him , and to desire him to leave off the designe of making civill war in england , while the protestants were thus massacred in ireland . he obstinatly rejects their remonstrance , and sends them back , not suffering them to come any further according to their order and mind , which was to repair unto the houses of parliament , and to deal with them for the taking away all mistakes betwixt the king and them . the king having essayed all he could in york-shire to little purpose , at last cometh southward to nottingham , where seeing his bad successe in his undertaking , he sends to the parliament for agreement . the businesse is slighted ( at least not so earnestly laid hold on as the scots had done , at far lesse ouverture ) by some chiefly who since have made known that they had more their own particular to heart then the publike good . so the king continuing his designe of war , with the few men he had then , goes westward , where he gets more men , and so with open force carrieth on the war . the winter following , the scots seeing the pursuance of the service of ireland slacked , yea in a kinde neglected , and things come to a great hight in england , with the losse of much blood already , and spoile of a part of the countrey , resolve to send once again unto the king ▪ ( then at oxford ) the same commissioners that were sent to him at york , with one or two more from the church and state . the king being moved for a passe to them , refuseth it for a time ; but at last he grants it as they desired , which was to repair freely to and fro betwixt him and the parliament as the occasion should require ; upon which , the scots commissioners come to oxford , and tell their message to the king , who slighteth them , and useth them coldly and corsely : after their abode for divers moneths , to no purpose , they give notice to those who had sent them , that they could do no good with the king , not so much as to have liberty to go unto the parliament , yea not to converse with the commissioners from the parliament then at oxford . at last they are sent for to go home . the king not being willing at that time to give such an open occasion unto the scots , as to make them rise then in arms , sends their commissiones home with generall and ambiguous words , and tels them that if they would be quiet , he would ere it were long have reason of the parliament of england ; but if they should stir , he would be put to it . so they go home , and give accompt of their voyage . the k. perceiving partly by the commissioners , partly by his spies from the countrey , that since he would not be moved to agree with the parliament , the scots were inclining to side with the parliament in case of need ; so underhand and secretly he sets a plot afoot to give them work so at home , that they should not think of going abroad . the commissioners are hardly arrived , but there breaks out an undertaking by malignants , in the south part of scotland , under the favour of the garrison of carlile , ( then in the enemies hands ) and the papists in the north part of england : but by gods blessing the businesse is quashed , and order is taken for the securing of the countrey from all intestine insurrections and forrain invasions , withall to be in readinesse to help their friends in england , at a call . so the sommer goeth on , in which the kings party prevaileth so far , that they master all england ( some few places reserved ) except the associated counties about london , and these in a very tottering condition , with a great dejection of spirit . upon this exigence , the major part of the houses of parliament thinks it fit time to desire the aid of the scots ; they in all appearence being the onely men they could call to for help : first , by reason of their common interest in the cause of religion and liberty with the people of england . next , in respect of their neernesse and neighbourhood . thirdly , in respect of their bound duty to requite ( according to power ) the favours their fathers formerly , and they themselves lately , had received from the good people of england in their own troubles . divers in both houses were against the sending to the scots , chosing rather to undergo the extremity , then to be beholding to their friends . after divers debates and delays , at last , it is resolved upon to send commissioners into scotland . none of the peers could be perswaded to go . the commons send their commissioners ( members of their house ) with power from the peers to transact and agree for both houses with the scots , by whom they are welcomed with heartinesse , as they had been for a long time expected with devotion . they come to treat ; and in a word , the scots tell the english commissioners , that since they desire their aid and help , in opposing the common enemy in this common cause of religion , the subversion and change whereof is mainly intended by the enemy ▪ all other things being but subservient to this designe , as the houses of parliament did well and wisely declare in that declaration they set forth when they were to take arms for the cause ; it were very fit that there should be a solemn oath and covenant drawn up and taken by both nations , to be stedfast to the cause of religion , and settle it against all heresies and errours , tyranny and confusion . and so much the rather did the scots move this , that they had been told by the king ofter then once , and by divers of high rank , yea all the papers written by the court against the parliament , did tell over and over again , that the parliament did not intend a setled reformation in the church , notwithstanding that they had called a synod . the english commissioners did reply unto the scots , that they could not but acknowledge that the thing was fit to be done ; yet they had not the power to do it by their commission . upon this , the english commissioners send hither to the parliam . for that purpose . as some of the said commissioners did say this in simplenesse and sincerity of heart , others did what they could to delay and wave the covenant ▪ if it were possible ; for they had no liking to it , as we have seen since ; yet it was no time to reject the scots so just desire . so the scots send commissioners to the parliament , who together with some deputed from the parliament , draw up the covenant , and it is solemnly taken . one of those who went unto scotland from the synod , followed thither the scots commissioners , and did what he could to obstruct the drawing up of the covenant , and to wave the taking of it ; yet he was constrained to take it , with others of that mind , for it was then not season to appear otherwayes . the covenant is no sooner taken , but the court changeth its language of the parliaments intending nothing but schisms and sects , and tels us , that hereafter the king will have a care of tender consciences ; which was , since he could not hinder the making and taking of the covenant by both kingdoms , at least he will do his best to hinder divers particular men from taking it , and from studying to keep it , as that which is the most contrary to his designe . the scots commissioners send the covenant into scotland , where it is generally taken ; and thereafter according to agreement , the scots come into england for the help of their brethren ; but it was the deep of the winter , to wit january , before they could be ready : so in frost and snow , they come as far as tyne , finding but small opposition by men to that place ; their main enemies were evil weather and want ; being come to tyne , they find an enemy with a body of horse and foot exceeding them in number , namely in horse , master of all behind him to trente , except hull , and of all the countrey about , and strong holds . after divers encounters and skirmishes , the scots passe the river in spite of the enemy , whom they make retire before them , and also keep together , and weary him so with hot service and constant alarms , that divers of his men fell sick with toiling and lying without in so hard a season . at one encounter neer durham , they made 7 or 8 hundred fall to the ground of the enemy his men . then they take hartlepoole and other places upon the sea , from whence they had all their provisions from scotland , for a good while , till at last some are sent to them from the south , namely , from the citie . as they were thus pressing the enemy , sir thomas fairfax issueth out from hull , ( whereinto he had retired himself for a while , being constrained to leave the field ) assisted by sir john meldrum , and fals upon selby , which he takes with valour and successe . upon the news hereof , the enemy runs to york ; the scots follow upon the heels , and take some of his men and baggage . presently the lord fairfax his forces ( haveing come after his son upon this successe ) and the scots forces , joyn together neer york : the enemy fearing to be inclosed , sends a party of his horse southward , which is followed by a joint party of the scots & fairfax his men as far as trente ; then the followers return , and resolution is taken to besiege york ; but the scots having left some of their men in divers places that they had reduced , had not men enough to besiege the citie , and keep the fields in the enemies countrey , notwithstanding the addition of fairfax his forces : wherefore they wrote to the earl of manchester to come and help with his forces , which he did willingly with all speed he could . then some there were who were against the joyning of manchester and his forces with the scots and fairfax , as there had been lately some who would have them to go home at the taking in of selby , and as some had been against their incoming , and thereafter some were employed before york to sow the seed of dissension betwixt the joyned generals with their forces , and as some likewise were railing at the scots , while they were daily encountring and skirmishing with the enemy . after this another sort of men began to shew themselves unto the world , seeing that by the help of the scots they were made able to appear again , who for their miscarriage of things durst not shew themselves , and finding in themselves that they began to stand upon their own legs , they feel the pulse of the scots to try if they were plyable to their phantasies and opinions , & perceiving the scots constant to their principles , and firm unto their covenant , begin to care lesse for those who had raised them from the dust ; yea , they begin to oppose the scots ; and , to make the relation short , the battel of york is fought and the town taken . in all such actions those new factious men , to indear themselves unto the simple people , by their emissaries , spred abroad that they did all ; but god knows they had little share in things . after the businesse of york , manchester returns into the associated counties ; fairfax stayes in york-shire ; and the scots return towards new-castle , where they find a new supply of six thousand men under the command of the earl of calendar , to represse the enemy , who had been for a while domineering thereabouts in that countrey , while the scots army was ingaged at york ; who having drawn neer , make their approaches , and lay a formall siege about the town , which after some moneths pain , they take by storm , having tryed all means possible to keep things from extremity , but it could not be ; yet their moderation was such after they had taken the said town , that it was admired by their enemies . while the scots were thus busied about the siege of new-castle , they were ill spoken of by those new factious men , who expressed tokens of sadnesse when they heard it was taken . then the scots clear all the four northern counties except carlile , ( which of late they reduced by composition ) and so the winter coming on , they kept in their winter-quarters . as the scots ( making the quarrell their own ) did send their army to fight in the field , to help their friends and brethren by action ; so they send commissioners both from church and state , to help with their counsell the carrying on of things in church and state . when the commissioners come hither , they promise unto themselves to find nothing ado , but to go on with the work unanimously , for the good of church and state , against the common enemy . but since , they have found themselves hugely mistaken ; for , where they thought to have most opposition , they have found least ; and where they did look for none , there have they found most . first , some factious men in the synod have stopped the conclusion of things there ; it is without example , that so few men being convinced with scripture , reason , antiquity , and the example of the best reformed churches so , that they have nothing to reply , yet in stu●●urnesse they will not give over to disturb . it is found true in those men which is remarked , that the more mildly the adversaries of peace and truth be dealt withall , the worse they are . then , in the counsell of state , the scots have a long time been crossed in a high measure , by those who were against their incoming ; and thereafter still have been opposed by these men , and their participants , who are advers to the setling of the church . the former did oppose the scots , namely because they were not to approve their wayes in the managing the affaires of state , and thereafter perhaps in the church-government . the second , because the scots cannot give way to their phancies and faction in church-businesse , and consequently in the state ; but stand constantly to their principles , and firm to the covenant , not regarding to either the one or the other , with temper and moderation to give offence to no body , if it were possible unto them . the spring drawing on , the scots presse to have necessaries for the field . after much delays , things go to them in new-castle , but in a very small proportion . howsoever , they are no sooner ready , but they dispose themselves for marching : till then , they were not idle , but they were busied up and down to the setling the northern counties , and they did send parties to and fro unto their friends ; namely unto sir william brereton they sent a party of horse by david lesley , who then made the kings forces turn back , which at that time did intent to go through lancashire for scotland . thereafter , as the scots army was moving and about to march southward , they have advice given them , that the king being then towards westchester , was bound once more for scotland ; to stop which , the army went with great difficulties and did so put themselves in his way , who made him change his resolution , and 〈◊〉 returned southward again . and at that time the scots supplied their friends which lay then before carlile , who were there altogether unprovided . thereafter they return southward ; and although by agreement they were not to passe trente , yet in compliance to importunities , they past and went westward towards worcester , and cleared the fields there so of the enemy , that he durst not appear before them . next , against their own maxime , which is to clear the field and wait upon the enemies motion , that they may alwayes be in readinesse to hinder his courses & pursue him ; to stop the clamours of some raised against them , they lay down before hereford , which if they had been supplied with necessaries at first , they had doubtlesse taken ; and when they had the things required for the service in some measure , the great rains hindered them to perform what they earnestly intended , and whereunto they were prepared . as they were thus ingaged about hereford , the king with all his horse , having made a great circuit , goes northward , where ; by divers promises made unto him , he did hope to do great things for his designe . the scots send their whole body of horse ( some few excepted ) by david lesley , who by his diligence and activity , gets north before the king , and sends him back southward once more , and so breaks that designe . at this nick of time , cometh the news to david lesley , being then neer trente , upon his return south in pursuance of the kings party , and he is desired to go into scotland without delay , and help his own countrey in distresse , by an overthrow that the enemy had given there to the forces of the countrey . he thinks to go onely with a party into scotland himself , and send back the rest to the army before hereford : but the whole company hearing of the straigth of their native countrey , would needs go with him . of this he giveth notice to the committee of both kingdoms and to the army before hereford , and so goes into scotland . the army before hereford having designe to end the work they were there for , and seeing the enemy his marching unto them , upon david lesley his going into scotland , send unto their friends at london for a help of some horse to be neer by them ( as in glocester-shire ) in case of need , they not having horse enough to encounter the enemy , and to serve the army to bring in the provision , which they were constrained to do with strong hold in the enemies countrey , having ever since their march southward struggled with great difficulties for necessary provisions , yea for divers dayes they have been without bread . but they could obtain no horse , howsoever some were very willing to grant their just desire . things being thus , it is put to a counsell of war whither they should storm the town , or no ; some that were most forward , gave their voice for the storm ; others voiced , it was fit to save the army whole , considering how the posture of affaires was then at home ; and since some of their friends for whom they had undergone so much , were backward to assist them in their great extremity , they thought it the safest course to raise the siege , and return northward to help their countrey ; and so the plurality of voices carried it , and northward they went . as the scots were upon their march in york-shire , news comes to them that david lesley had given a great overthrow to the enemy in scotland ; yet they went : after this , they are desired by the parliament to come back and besiege newark , and not to stay there in the north countrey , for fear of burdening that countrey , so much already wasted , as was given out . the parliaments desire is not answered so hastily as was expected , which hath given occasion to some to irritate and do what lieth in them to make ill blood , and not to stay for an answer , nor receive any reasonable one without reall performance of what was required , whereunto the scots are most willing ; but by reason they have so few horse with them , they conceive it is not safe to venture their foot when the enemies forces are onely in horse : and chiefly , because they knew that the enemy was to send a considerable party into scotland , hoping to make a great faction there by the help of his friends by the way , and so joyn with the enemy there ; and the malignants in the north of england were to rise with the open enemy . and so it proved indeed ; for the enemy sends from newark a great party of horse , commanded by langdale and digby : they were meet withall by the york-shire forces , commanded by poyntz and rossiter , who dealt so roughly with them , that they were routed , divers killed , and many taken , with a great part of their baggage ; yet they rally again , and go on in their journey to invade scotland : before they were at the borders , they were a thousand strong . generall lesley having notice of their designe , sends a party under the command of vandruske , with expresse order to fight with the enemy wheresoever he found him . vandruske followeth so actively the enemy , that he thinks to get into scotland before him , and send him back again ; but he misseth him : and the enemy going another way , enters into scotland , where there were divers parties ordered to wait for him , and fight with him ; one from david lesl●● was sent ; another of the earl of balclough ; the third , and the least of all , not exceeding three hundred horse , under the command of sir john brown , who seeing the enemy in scotland , could not have patience till his friends joyned with him ; but by an hardy attempt with his three hundred men , fals upon the enemy , who was a thousand strong , ( as we have said before ) routs him , killeth him a hundred of his men upon the place , takes two hundred of them with bag and baggage , divers were drowned . all this did sir john brown with the losse of about thirty or fourty men ; then he pursued the enemy , seeking him up and down , and at last upon the third day after the fight , he assisted with his friends , meets with the remainder of the routed enemy , then about five hundred strong , where he took all with little shedding of blood , onely some few who were extraordinarily well horsed did escape , among whom were digby and langdale , with these good patriotes and good christians the earls of nidsdale maxwell , and carnewath-daz●l . when by treachery at divers encounters , the enemy did prevaile against the forces of the good party in scotland , some of the superficiall brethren about westminster-hall , jearing and gibing , could say , that the scots could not and durst not fight in their own countrey : which at this time they find untrue ; for the scots have shewn since that they both can and dare fight , not onely one to one , but one against two , ( contrary to the proverb ne hercules contra duos ) yea one against three . let the glory be to god , who is pleased to own his own cause , and honour despiseable men to be instruments in this his work , to the confusion and shame of the haughtie . the enemy had so laid down this plot of invading scotland , that he promised unto himself ( without fear ) an issue according to his mind ; for he thought having once entred in scotland , by the papists , atheists , and libertins , ( for sectaries there are none ) to make up in the lower countrey a great party ; and so joyning with the enemy now afoot in the hills ( who is gathering what he can , and hath already betwixt three and four thousand men , although divided amongst themselves , as we are informed ) he did think no lesse then in a very short time to subdue all scotland , and presently thereafter , to come into england . those who have read the intercepted letters , can tell much stuffe to this purpose ; but he that compteth without his host compteth twice . the rumour of this designe was so great in scotland , that the good party thought fit to draw a good part of their horse southward , and to make sure the chief and most commodious passages to hinder the conjunctions of the intestine enemy , and the invaders ; so david lesley lay with one party at glasgo upon clyde , and middleton with another at alloway neer sterlin upon forth . yea to see this enterprise repressed is the chief reason why the scots army in the north of england , did not come so soon southward to newark as was desired : wch just and lawfull delay of the scots for a time , by factious and malicious men , although they knew very well the reasons and the cause thereof , is published as a deniall ; and so it hath been beleeved by the simpler sort , and laid hold on as argent contant present count ; it is not enough for the malicious and factious ones ; not considering that the good party in scotland hath made the parliaments quarrell its own , in joyning with it in covenant for the pursuance of the cause it took arms from the very first beginning , that is , for the truth of religion , all things whatsoever , yea liberty and priviledge being subservient unto it , as it is expressed , first , in generall terms in the declaration at the giving the commission to the earl of essex ; then , more particularly in the covenant . this sheweth the forgetfulnesse of him who in a solemn assembly , was so unmindfull of the truth as to aver that religion was not the ground of the quarrell betwixt us and the common enemy at the first , abusing the simpler ones , and making use of the connivence of others ; yea , he was put at work by some to say so , at least , he was applauded by them , as the story runs . this quarrell here in england hath cost the scots a great deal of pains : first , in the counsell both of church and state . then , in the fields , with the losse of many a gallant & brave man , which they think all well spent & bestowed , since god hath been pleased to make use of their endeavours , to put forward in some measure his good work in both church and state , and to represse the domineering of the common enemy , who ever since the conjunction of the scots with the state of england , hath been declining ( if the thing be well considered with judgement ) although now and then he hath had some lucida intervalla , as we have all seen . as the scots think their pains , labours , expences , charges , &c. well bestowed , so they complain not of the manifold reproaches and lyes that have been said and spred against them , what by the open enemy , what by the false friends , nor of the hardship their army hath endured to this day in the field , no more then of the small content of their commissioners in the counsell , which all they passe and lay aside , not as insensible and leprous men who have no feeling , for in any other thing they are touchy enough ; but as being resolved to do all what they can , and suffer what they are able , for the cause of god and of his people , with grief of mind to see those whom at first they conceived certainly to be right and round in this businesse , to have corners and by-wayes wherein they must acknowledge the shortnesse of their own judgement and confesse the infirmity of man : but their great grief is , ( at least should be ) that their army hath not been timely nor duly furnish'd with conveniencies and necessaries , to make it go on with action in the field ; yea to see them kept back from doing as if it were plotted of purpose : then , that their counsells in church and state have not onely not prevailed , but have been hid , yea opposed , and so hindered to yeeld their due fruit unto the cause in hand as they intended . besides all these things , in joyning with the parliament in action and counsell , and coming in when it was below a stand , they have not onely exposed themselves and their poor native countrey to all kinde of perills and inconveniency , but have drawn evil upon it . more , they have gone in the highest degree of contradiction to the king ; for they have not onely in down-right terms declared themselves opposite to his designe , but have quite spoiled it ; which as he told them , he would easily compasse in this kingdom , if they would be quiet : and indeed he had brought his businesse to a pretty passe , before the scots came in . then their coming in into england , and their going before into ireland , did empty their native countrey much of men of counsell and action . so for england they left their own countrey as if it were to be a prey unto the malignants there , who since , not being kept under by the good party by reason of its weaknesse , shew themselves to be in great number . next , the indifferent and neutrals , whereof there be but too many everywhere , most men looking more to their convenience here upon earth , then to the glory of god , or to his kingdom ; who had sided formerly with the good party , bearing the sway ; but since seeing them absent for the most part , helping their friends , and weakest at home , begin to have other thoughts , and fall in with the malignants . all this being perceived by the king , who hath his thoughts full of revenge against the covenanted scots with england , bethinks himself of all means possible to oppresse and destroy that poor countrey of scotland , and , in the first place , the danes are invited to invade it , unto whom are promised the isles of orkades for their pains , ( their old pretension ; ) but as the danes were preparing to come hither , god sends them another work to do at home , which was to defend themselves from their invaders , to wit , the swedish ; with whom after a great strugling by sea and by land , they have been constrained to make their peace almost upon any terms : yet we hear they are now making again themselves ready for war , and against us ( as we are informed ) to try perhaps if they can make up their losses in some measure ( in one way or other ) upon us . again , the king seeing the scots siding with the parliam . of england , sets afoot plot upon plot in the south part of scotland : but by gods blessing they all fail , being no sooner discovered but repressed , and thrown in the dust . more , by pyrates and men of war having commission from the king , the scots ships with goods and men are taken , yea divers men are thrown overboord : their onely quarrell is the conjunction of the scots with the parliament of england in the service of this common cause . the losses the scots have suffered by sea since their sideing with the parliament , do exceed far the monethly allowance agreed upon for their army , although it were well and fully payed ; which they are far short of ; for since these eight moneths , they have had but one moneths pay to wit , about thirty thousand pounds , and these from the city of london . last of all , the king bethinks himself , ( since he is pleased to own all the undertakings of the juncto , although he be not alwayes one of the number , it taking its authority from the pope and the roman-catholike princes abroad more then from him , although he hath the name of all ; ) to send over out of ireland some of those desperate villains , who at their first rising in rebellion in ireland , did offer all kindnesse unto the scots , saying that they would not stir against them ; who take a fit opportunity of the good party of the scots being absent out of their countrey for the most part , and they enter into scotland by the isles and the hills , finding a party of malignants , some whereof and the chief traitors had been sent from the court to manage the businesse , who not only privatly do favour & openly do side with them , but make a number of disguised villains betray the trust they had from the countrey , in places of power and command , yea some in the time of action in the field , either slakly acting against the enemy , or flying from before him , or running over to him , at divers places and times . so the enemy increaseth his party in scotland , spoileth and destroyeth divers places of the countrey , namely the lands of those who were most deeply ingaged with england , ( above all the high lands of the marquesse of argyle ) which they have totally depopulated and burnt , as the lands of his friends ; some other parts they have so depauperate and wasted , that in one county they have put many scores of good families to meer mendicity what did most then grieve good men , was to see not onely the good work of reformation at a stand and not likely to go on , as they looked to it with carnall eyes ; but also the former abominations set up again , and also to see the poor well-meaning people ( for fear ) abandoning the truth , and imputing unto the profession thereof the cause of their sufferings , as many men do when they suffer for the gospel . now albeit the losses be great and excessive which the scots have had by sea , in regard to the extent of their countrey ; yet their losses and damages by land are a hundred times greater and more . further , god suffered the wicked enemy , by the miscarriage of the chief leaders and directors of businesses , to give a great overthrow to the good party of scotland , at which , as the good party was much dejected , the enemy in his pride was highly puft up , and he thought to carry all things before him , mastering all ; but in a short time , it pleased god to abate his pride by a great victory against him , god making use of david lesley for that service . more , as digby and his associates going to the wicked enemy in scotland had first a good blow in his way thither , and then was totally defeated at the second time , when he thought himself , as it was , at his joyning with the enemy in scotland : so doubtlesse , under gods mercy , ere it be long we shall hear , that the wicked enemy there , having had already this great blow , will have next his fatall and totall destruction . here let it be noted , that among the papers taken from the enemy , when he had this great blow given him by david lesley , there were found instructions for the holding of a parliament , wherein all things setled in church and state since the yeer 1639 , were to be changed and altered , the covenant broken with the english rebels , so were they pleased to call all those who stand for the parliament ; those who had been active for the covenant , to be furnished and deprived of a●l benefit and priviledge of a patriote or native , according to their severall ranks and stations . all the sufferings and undergoings of the scots for their joyning with the parliam ▪ are so far neglected , that not onely in their distresse they are not helped nor assisted , as generosity had required , after so much undergone for friends at home and abroad , making other mens quarrel their own , and drawing evil upon themselves for their sake ; but divers who have received benefit in a high measure by their joyning and incoming , have been glad heartily at their sufferings , expressing now and then , it was well they were beaten ; and when they were droven to the greatest pinch of necessity , what by the prevailing enemy , what by the fault of their leaders , which lies heavily upon some ; at last , having kept off to trouble or disquiet their friends , going constantly on with the work so far as they were inabled , and could do : they required some help of arms , and of money due unto them ; but what comfort they received more then a solemn fast , and private condolance of some friends , let them tell if they can : yea when they were thus low , then they were most neglected and vilipended by some ; was it not said by some of your prudentiall men , that the scots would undo both themselves and this kingdom ? yet their wisdom and valour , blessed with successe in their own affaires , were not questioned before they were joyned with england in the businesse , and if they had not come in , england was undone , at least a good part thereof . was is not said , that they had buried their honour at hereford ? yet they have shewn since that they had both heart and hand to gain and to maintain honour . was it not told openly , that they should be sent home , as being troublesome to the countrey : and if they would not go with good will , they must be killed by half-dozens ? are not their garisons , and places of retreat , ( so long as they are in the service of the publike ) which they have reduced and brought into obedience with a great deal of pain , losse , and hazard , demanded from them , and spoken to be put in the hands of those who are not thought to be faithfull to the cause we have all fought for to this day ? if this smell of piety and generosity , let god and all the world judge . here i forbear to give answer to this ; onely i say , it is done , and let it undergo the censure of understanding and indifferent men , without exception : onely we shall see how this stands with the publike service , and with the treaty , to deal so with brethren and friends , who have put their breast betwixt their brethren and the stroak of the enemy , and who did stand first in the gap against the enemies plot , to teach their brethren to be upon their guard , and timely prevent the enemies assault ; yea , who ( under god ) have put their brethren in posture of defence , by occasioning the assembly of parliament , and in protecting it by their stay here for a time , lastly , by rescuing it ( as it were ) from the jaws of death , and from the brink of perdition . now , by neglecting , vilifying , crossing , and opposing , to dishearten brethren who have been and are to this day , so usefull unto the service of the common cause , cannot be but much prejudiciall to the happy end intended by us all , to wit , the setling of a true reformation in church and state . if the scots went not upon higher principles then those of human interest , of phanaticall opinions , of self-conceit , and the like , this usage of such brethren could not but produce so bad effects as the hinderance of the end intended , with the losse of all whatsoever hath been done , employed , and undergone thereabouts , and the destruction of both nations at last . but blessed be god who hath given them wisdom and longanimity not to be so disturbed with the forenamed occasions of miscontent , as either to be weary of the work , or to leave it off . and to uphold them therein , god yeelds the scots the good will and assistance of divers well-affected men , maugre all malice and malignity , with the earnest desires and wishes of the people for compassing the first purposed and pursued end , which is ( in few words ) the glory of god , and the safety of his people . now let us see how this carriage towards the scots stands with the treaty and covenant made with them at their incoming : are not the brethren of england with their ships bound by the treaty , to guard the coasts of scotland by sea , to save it from forrain invasion , and to secure the scots in their trading by sea ? but how slakely this duty hath been performed , the great losses and wofull sufferings of that poor countrey can now tell ; of which inconveniencies and evils they had been free , at least to this present , if they had not joyned with their friends in england . i know it will be said , when the enemy had done with england , his designe was with all his power to go into scotland . but human reason tells you , that it is wisdom to put off an evil , if we can , for a time ; for he that hath time hath life , as it is commonly said ; and the mean while , god will provide some means or other to return the evil from his people . and so human policy would have taught the scots to look to themselves , and be quiet : but their zeal to the cause of god could not suffer them , and for it they have undergone all this hardship , who can and will deliver them in his appointed time . and if those for whom they undergo this service , do not requite faithfully their kindnesse , god will by some means or others not forget , but recompense them according to the sincerity of their intentions : but if any of the scots ( as i doubt not but there be some ) who had or have some by-ends in this work , god will punish them for it , and shew their vanity for mixing their own interest with his service , who requires the whole of man , which is so known to the enemy of god and of his people , that he cares not what good a man do , providing he can nourish in him any little evil , being sure to catch him at last , if he do continue in it . then the brethren of england are bound not onely by reason , to make the scots no worse then they have found them , that is , then they were before their late conjunction ; for it stands against the laws of all human society and partnership , that one party being preserved from totall ruine , and reaping a seen benefit by the society through the hazard and great losses of the other party , not to make the party at least in the same condition he was before the society : far more is it against justice , to see the party undone and perish for us ; above all , if we can afford him help or comfort ; least of all , to rejoyce and make our own advantages of his losses , who hath lost himself for us . if the thing be so among particular societies of men ▪ why not so betwixt state and state , who are nothing else but a congregation of lesser societies ? and if justice is to be done by the lesser , why is not the greater far more tyed to it ? for the most part , particular men are either punished , or cried out upon , as cheaters , if they cozen or deceive their fellows . and shall states escape free not onely from censure , but be thought wise and prudent men , for their deceits ? and shall circumvening in publike affaires be not onely not thought evil , but esteemed as a vertue ? hence cunning deceitfull man is called politick , and deceit is called policy . to such hight of wickednesse are we now come , that vice must go under the name of vertue ; for policy is the honest , just , and prudent carriage of publike affaires , and not deceit and guile in them . if it were onely to give sin a term lessening the shame of the crime , it were to be born withall ; as for example , to call stealing , robbing , and spoiling , plundering , as now adayes we do . but to call vice vertue is intolerable . next , we may see if this stands with the treaty by this sole instance , which is here inserted as it is in the first article : and in case that notwithstanding the monethly sum of thirty thousand pounds payed as aforesaid , the states of scotland shall have just cause to demand further satisfaction of their brethren of england , when the peace of both kingdoms is setled , for their pains , hazards , and charges they have undergone , they shall have due recompense made unto them by the kingdom of england . now if the scots , for their pains , hazards , and charges , be not payed of their monethly allowance , how is the treaty observed ? but the necessity of the times may excuse , ( if there be not a full payment ) when there is willingnesse to perform if there were capacity : but to give reproaches and injuries with threatning and to send men home with shame and without satisfaction , who have done and undergone so much for thy good and to save thee from perdition , is doubtlesse far from gratitude . i pray thee , what is it , and how far is it from recompense ▪ not to allow men to run home and quench the fire in their own house , left having devoured the one , it should destroy the other ? which it would do , if it were not quenched in time : yea , so long as the fire was but burning in one end of the house ( in respect of the ingagement ) it was in a manner little regarded : but when it came to shake the very foundations of the building , and deface it quite , then it was full time to look to it : and yet it cannot be approved by some , because forsooth there was not a formall warning given as in decency was fit : yet it was done with such order as could be expected upon such a nick of time . but here it may be said , what needs all this to speak of the treaty ? hath ever been any treaty made betwixt two nations or states , but each have made their best advantage of it ? and ordinarily the southern nation hath been too cunning for the northern ; as may be seen in all the treaties betwixt spaine and france , spaine hath outcunning'd france ; and so in the treaties betwixt france and england , france hath over-reached england ; and so of such others , for the most part . but as the southern nation hath over-reached the northern by slight and cunning , so the northern oftentimes hath surpast by field-action the other . the reason of this is from the constitution of the body in the northern people , ( vile domineerers ) whereby they are inclined to do things rather by a strong hand then otherwise . in the southern people , melancholy reigneth , whereby they are inclined unto devises to compasse things with lesse force and hazard ; for where there is most wisdom , there is least hazard . the more north or south that a people be , the more or lesse they have the one of the other . but since the treaty betwixt the parliament of england and the state of scotland runs upon other principles , to wit , of religion , this human over-reaching , cunning , or surprising , is not and ought not to have any place ; but all is to be guided by conscience according to equity before god , and as weare sworn to in our covenant . wherefore , now , let us see how this agrees with the covenant , whereby we are all solemnly sworn to promote and advance the setling of a through reformation in the church , according to the word of god , and the example of the best reformed neighbour churches ; and if these reproaches , injuries , and hard usage of the scots , who have contribute so much to bring this kingdom to such a posture , do not proroge the compassing the same end , let god and the world judge . and then , are not these things flatly against the third article of the covenant , whereby we are all sworn to defend one another in this common cause ? which how do we perform , when we deny assistance to our brethren in distresse , and will not allow them to help their own selves , yea we rejoyce at our brethrens sufferings ? are we not bound also by the fourth article , not onely to stop and remove any thing which may or might give any wayes occasion of mistake , and consequently of division betwixt the two nations ? yea we are sworn to discover those who endeavour any such action : and so according to oath , i here declare , that it is those incendiaries , and factious ones , who contrary the ends expressed in the covenant , phancy to set up their evil opinions , and invent all means they can to hinder the setling of government in the church , and consequently ( as appears by all symptoms ) to bring anarchie in the state , promising to set down a seraphin-modell of a church , which they after so long forbearance will not nor cannot agree among themselves to set down ; onely they are resolved to stop the setling of the church-government , ( according as aforesaid ) to the end that all heresie , errour , licence , libertinisme , and corruption , may creep in the house of god : this is their main drift , after their own interest . then , is not the dealing of these factious men with the scots against the fifth article of the covenant , wherein we are all sworn not onely to keep a good correspondency betwixt the two nations ; but also to keep a fair union for ever ? here these factious men will say , that the scots deserve to be thus dealt withall , for not doing more service then they have done this sommer , and not following the desire of the parliament . to which is answered , first , let it be seen what the scots have done ; and if that which they have done , be not as much important to the common cause as any thing done elsewhere by any . then , if they have not done more , let it be seen where the fault lieth , whether in them that would not do , or in others who have stopped them from doing , by hindering them to be furnished and provided for further action . more , let it be seen whether or no it were not out of good reason , and not by chance , that they have not instantly followed the course they were desired to do ; and whether or no it had been better for the service of the common cause to have so far complied with the designes pressed by those who either would not or did not see and foresee what is most advantagious for the common cause ; or whether or no there was a set plot to undo the scots army . then , the scots are accused to lie heavily upon the countreys where they come , and that they have done many things against the liberty and right of the subject of england . i answer , as for their burdening or wronging the subject in the least kinde , it is not their intention , being come in into england for the relief and righting of the subject from the oppression and injury of the common enemy : and if any souldiers or officers of theirs have exceeded in any kinde , upon just tryall of their faults , they are to suffer and to be punished for it ; besides , all things taken by wrong , are to be restored , and reparation is to be made to the full by the judgement of honest and understanding men , upon the place , to the end that all mistakes may be taken away , and the union kept betwixt the two nations , in spite of faction and malice against upright men . further , let it be known , how the scots are payed , and how they offer to repay ten for one for any thing taken by extortion , if they could have the half pay that others have employed in the same service . for this , the scots have frequently sollicited . if the committees of york-shire ( set a work by some secret enemy ) had not gone so high , and published at every parish-church their orders against the scots , as the prelats did in former times with their bloody thunder-bolts of excommunication ; and if they had remembred in whose hands the liberties and rights were , when the scots came in to help , or where their committees were then sitting , and how far their orders had been obeyed then ; they might have thought whether or no they had ever had a parliament given to authorize them , if it had not been for the scots ; and the parliament being assembled , whether or no sitting this day . till these factious men did rise , ( who besturre themselves so much now of late ) it was said ordinarily for any reformation obtained either in church or state , and for stopping any evil to the publike , or to any private men , gara mercy good scot . as this is now forgotten by divers private men to their shame and discredit , so these factious men would have it to be out of memory by the publike : but they strive in vain ; for , neither parliament nor people , synod nor church will ever , nor can forget what they owe to the scots for the good they enjoy at this present , and hope to enjoy hereafter , in gods mercy . then , it is reproached to the scots ( to their great grief , ) that they pursue too rigidly the setling of the church , which may be done at leasure when other things are ended , and must be performed with ripe consideration , for fear of mistake . and , that they presse too much for peace , when it is apparent none can be made but by the overthrow of the malignant party . as also , that they stand so much for royaltie , when god knows the king deserveth but little at their hands , they being the men he hath the greatest splen against , and whom he ha●es most , as he declares himself by all his expressions . to all this they answer , first , that they are obliged in the first place to see the house of the lord setled , and then to look to temporall things : for this they have not onely law and reason , to begin at god ; but also , example , first , out of the sacred history , where we see that all true reformers of the state of israel and judah did begin at the reformation of the house of god : then we see the same in the ecclesiasticall history practised by the ancients : and of late , hath not the same been done in our neighbour-countreys , yea in our own , by our fathers ? and is it not full time , after so long and so tedious a debate , since it is agreed upon , how , & what it should be , by the full consent of divines assembled for that purpose , except of some few of a private spirit for self-conceit and by-interest , who having nothing to answer unto the demonstration of the truth and the reasons for it , made known unto them , yet with obstinacy do oppose the setling of the church ; and so way is given ( if not countenance ) to all kinde of heresie , errour , and blasphemy against god , so generally and so long a time , now these five yeers , since the reformation is in hand ? as for the pressing of peace by the scots , is it not full time , after so much blood shed , devastation of the countreys , and such a deal of all kinde of wickednesse committed in the war , to seek after a firm peace , & lay hold upon any occasion to help us to it ? first , because it is the end we make war for , not having intention to make a trade of it . then , if we beg for peace at god , why should we not seek earnestly after it from man , by all honest means ? otherwise , god will not grant our demands , and will tell us that we are but hypocrites , having a thing in our lips when our hearts are far from it . as for standing for the king , it is true , we stand for him , and respect him , as we do on the other part stand for the parliament the great counsell of the land , as those whom god hath been pleased to set over us , not fondly and feignedly idolizing & worshipping them as gods on earth impeccable , one day , ( as parasites and sycophants do ) and another day vilifying and rejecting them , when our turn is not served by them : but sincerly , & with reason ; for as we avouch him to be our soveraign magistrate , so we acknowledge him & all those of the counsel to be but infirm and weak men , him misled & miscarried for the most part by those who are about him , deceiving him to his own and the peoples ruine ; and them also subject to mistake and errour : so as we pray god for him to save and protect him from doing evil , & from receiving evil ; we freely admonish him both from church and state of his errours and faults both before god and man : this we do both in private and publike , as the cause requires or occasion will permit ; and when necessity drives us to it , we take arms to oppose the evil courses he is insnared in , and represse them , alwayes with respect to his office and person , which we acknowledge to be lawfull , and him lawfull possessor thereof , and no further we go then to stop him from doing evil , if we cannot gain him to do good . then for faults , although they be great , we must not change till we see that we can do better . we have abolished the prelacy , not so much for the abuses thereof as for the unlawfulnesse of it , although of long continuance , it being against the intention of god expressed in his word , howsoever wrested by the prelats ; but for royalty , it is approved and ordained by god , & hath so continued with us , that we can hardly leave it ; besides we find already such inconveniencies by not keeping it up in its due right and authority , that we smart hugely for it ; and if it were altogether cast off , we should be far worse ; witnesse the infinite disorders now adayes . now let the english ingenuously confesse , that ●●ey never have told the tenth part of the truth of things unto the king , which he hath heard of from the scots . hath the parliament and church of england spoke so home , and acquainted him so freely with his errours as the scots have done ? or would they have so withstood the evil courses he is cast in , had the scots not shewn them the way ? then , we must not cast off a good accustomed and lawfull office , for the faults of a man who bears it , yea in the exercise of it , and that about main businesses ; for lawfull things are not to be rejected for the abuses , but the abuses to be taken away , and a reformation to be made ; otherwayes the most things and most necessary should be cast off ; for we offend almost in all things , and abuse many things . but it is said , the king hath spoiled the three kingdoms , and endeavoured to overthrow the liberties and religion . it is true ; but if he had not found peers and commons in the three kingdoms to second the evil counsels suggested unto him , he would never have attempted it ; for they caused him to set the work afoot , and they laid down the wayes to go on with it , and have served him in it . although that other kindes of government may be fit for other people , sure i am , monarchie is best for us , being regulated ( according to the law of god and right reason , with the prerogative and the priviledge subservient , ) to the good of the people . then , it is reproached unto the scots , that they are a poor weak people , and not considerable . truely , they do not hold themselves either potent or considerable in regard of greater nations ; but such as they are , god hath made them very helpfull to other nations , which think themselves very considerable : for example ; did they not turn the ballance in the affairs of france under charles the seventh , when things were very low with the french ? for at their going to help that king , they found him so distressed and so under the power of his enemy , that he was constrained to keep himself at bourges in berry . hence he was called in derision , king of bourges . but in a very short time , they helped him so , that he repossessed himself of his whole dominions , and repulsed the enemy . now , have they not done more unto their brethren of england ? have they not made their quarrell their own , exposing their lives and all that is dear unto men for them ? and by their help , are not their brethren come to have the face of affaires changed unto the better , so far , that not onely they are come to equall terms with the enemy , but they have brought him so low that in likelyhood he will not rise again so hastily ? howsoever the scots be inconsiderable in the eyes of some men , yet god in his goodnesse , hath considered them so far , as to make them usefull instruments in this his great work of opposing the enemies of his truth , both open and declared , and secret and undermining . and ye see both parties of open and secret enemies to the truth of god , have considered the scots so far , that each of them hath by all cunning pressed to have the scots for and with them ; but the enemies seeing they could not prevaile , they have made their earnest study by devises and plots underhand , and by open violence and force , to wit , by an absolute and declared war , as far as they can , to destroy the good party in scotland , as the onely obstacle of hindering the one and the other enemy to compasse their designes , and to set up their by-ends . hence the good party in england considereth the scots , as their onely helpers ; for without their assistance they had all been undone before now : and howsoever they are strong in appearence for the present , if the scots should retire and leave them , it is conceived upon just grounds , that they were to begin the play again . as for despicability , howsoever the scots be despised by some now adayes , i am sure , had it not been for these despised men , many here who are at this time come to a great hight , had been in little consideration : and they whose valour and wisdom are so much questioned at this time , surely in their own businesse , they did shew themselves to have both , to the admiration of their neighbours ; and their valour and wisdom were never questioned till they were joyned with england : and although they have shewn & do shew daily both , as much as men can do for the carrying on the work wherein they are ingaged , unto the content of all impartiall men , although not to the mind of self-conceited , phantasticall , and by-ended ones , who gave out that the scots will destroy them and themselves : surely i am perswaded , had the scots framed their courses according to the desires altogether of some men , they had long ere now both been destroyed ; and had they not so far complied with the humours of some men , the publike service had been in a better estate , in all probability . in this i blame the wisdom of the scots , for otherwise they had not suffered their own countrey thus to be spoiled , in compliance to some , when they might have helped it in time . as for their means , although in the eyes of the superabondants they be not so considerable , yet they were such that they lived well upon them , and they could wish with all their hearts to have no more then they had when they joyned with england for the service of this common cause . and if they reproach the barrennesse of the soile in scotland , it is the fault of the climate which lieth so northerly , and not of the people ; and the soile , if it be not so fertile of fruits as hotter grounds ; yet it abounds in men of valour and wisdom as much as any countrey whatsoever of its compasse . and these despicable ones , of old and of late , have obtained victories against great and considerable enemies , by valour . perhaps if the scots were more enclined to husbandry , or improving their ground and other things which nature affords them , by the goodnesse of god , they would be in a kinde more plentifull of conveniencies for the life of man then they are . as to the garison-towns which the scots have rescued from the enemy for the good of this church and state , with hazard , hardship , and losse of divers brave men , and which are still in the scots hands for the publike service , it hath ministred one convenient occasion unto those factious ones to make a great deal ado , yea to strive to bring things to a breach betwixt the two kingdoms , if it were possible ; and they have proceeded so far as to cause the towns and places to be demanded from the scots betwixt such and such a day , without any consideration unto equity , whether or no it is just that the scots have some places of retreat , so long as they are in the service of the common cause , wherein they are obliged by common interest , and bound by treaty to continue till the full setling of things in church and state . next , without consideration if it be or not for the benefit of the service now in hand , that these garison-places should be left by the scots , since we have seen by divers passages and occurrences of affaires that it hath proved very usefull for the said service that those places were in their hands for a time , namely in the enterprise of digby with his associates towards scotland . then , when we cast our eyes upon those who have an aim particularly at the having of those places , we shall finde it to be fit for the service of the cause which we fight for , that those garison-towns should remain with those who now have them for a time , who are both constant and trusty to their true principles of the covenant , and the others altogether against the good of the said service . yea , it is most prejudiciable to the cause we have now in hand , to put those places in the hands of those who either side with the common enemy still in their affections , as they have been serving him openly by their actions formerly ; or of those who underhand with cunning stop the setling of things amongst us as we are sworn to by the covenant , and so frustrate so far as in them lies the intention of it . further , those men who are so little faithfull to the covenant , cannot from their heart , mind the good of the state , or people , more then they do the welfar of the church . as the scots took arms for the publike service , they neither pretended , nor did intend , to hold the places they have taken any longer then the said service shall require for the setling of the ends of the common cause expressed in the covenant , no more then they did formerly , witnesse their returning so quietly home , and their refusall of those seigneuries , towns , and counties adjacent , from the king , to joyn with him against the parliament ; and that more then once . me thinks , that after all this , all rationall and unprejudiciall men should speak clearly for the scots fair and honest intentions , since they are entred into so solemn a league and covenant , for which they have undergone and do to this day undergo so much hardship , hazards , and losses . men may talk and babble , yea devise tricks and fancies , for a time ; but it is honesty and truth that holds out to the end ; and it stands with gods justice to make lyes and double dealings fall to the ground . before i conclude , i will adde this short ensuing discourse : first , there hath been a great busling raised by those factious men , who trouble both state and church , about the publishing of some papers given in to the houses of parliament by the scots commissioners . those men had prevailed so far with some of their friends in authority , as to make an exact scrutinie by whom these papers were first printed , and by whose order , ( as for the second impression they had nothing to say , which the commissioners caused to be made upon a nicety for some faults of the printer committed in the first impression ; ) thinking themselves wronged , namely , because it was not corrected according to their mind ; and the thing to have been done without their expresse order ; but since it was done , it could not be ret called . next , those factious men moved their friends in authority to draw up a declaration against the scots for those papers , with very tart expressions , as we are informed : but after riper deliberation , the fume of anger being setled , the thing was left off a time ; for they did clearly perceive , that no declaration satisfactory to the people could be made against the scots , or their papers , since it could not be demonstrated that full satisfaction in reason had been given to the scots upon their severall papers from time to time given in . now , let the scots commissioners confesse , that they have failed by their silence , in not making known unto the world from time to time the papers of greatest concernment which they have given in to the houses , and what satisfaction they have received upon them ; for if they had done so , they had spared themselves of much drudgery , and of many sad thoughts for the small content they have received by reason of some factious men , who have hindred due satisfaction to be given unto their just desires ; and they had stopped many evil reproaches raised against their nation , and against their army : and lastly , the publike work had gone better on ; for those who have thus long time stopped it , had not been able to carry things so under boord as they have done : and since the publike is so concerned in main things , is it not fit they should be known by the publike . but the scots must be warry , mild , and civill , where they should have been plain , rightdown , and forward in the businesse they come for . wisdom and warrinesse are good , and civility is to be praised ; but resolution and forwardnesse carry on the two thirds of human actions , ( namely when the cause is good ; for ordinarily men impute much warines to want of courage , and great circumspection to doubtfulnesse and irresolution : there must be a mixture , otherwayes things cannot go well on ; ) both publike , and private . this i say for the truths sake , and not to blame the commissioners ; for i know , from the beginning , they have taken the way which in all sincerity they conceive to be the best for the advancing of the work they are come hither about : but they have mistaken themselves , not being throughly acquainted with the temper and interest of those on whom they have relied so much , that they were said to dote upon them ; no more then of some others with whom they have ado withall . sed ad alia : the independents in their great charity towards church and state , and in their zeal to the glory of god , and to the good of his people , after they had , first , put off the calling , then , the meeting of the assembly of divines for a long time , thus frustrating so far as in them lay or as they can , the good intention of the parliament , and the expectation that the people had of it , for a true and through reformation in the church , according to the word of god , and to the example of the best reformed neighbour-churches : then , after they had kept the assembly ( once met by the authority of the parliament ) for many moneths a trifling about small matters ; at last , being put to it by their miscarriage of things , the scots come in , and the covenant is taken , the discipline of the church in all earnestnesse is fallen to by the assembly of divines , the setling whereof the independents ( notwithstanding ) have opposed with all their cunning and might , for long time ; but at last , they are so convinced , what by the sacred scripture , what by strength of reason of judicious and knowing men , what by the practise of the primitive churches , and what by the example of the modern best reformed churches , that they have nothing to reply , and so they are constrained to be silent at the result of the assembly upon the matter : but yet they remain stubburn in their wilfulnesse and self-conceit , expressing themselves to be the onely wise men , and to have the best knowledge in the wayes of god then , in charity , and by a superabundant compliance , the independents are by the synod desired to bring in it what positive discipline they would be at , and they have six moneths granted unto them for that purpose ; during which time , they gave out , that they were to produce strange things , with new lights : but when the day of performance came , upon which they should have brought those great and so much expected things into the synod , they were not ready , and demanded further time . upon the independents desire , some more dayes are from the synod granted unto them , at the end of which they promised to declare what they would be at positively : but in lieu of a positive discipline so much looked for ▪ they give a paper full of reproaches and complaints of their harsh usage ; when never men have been dealt withall with so much tendernesse , meeknesse , and longanimity , as they have been dealt with in the synod ; for it is without example , to see a few men having neither scripture , reason , nor example for them , thus disturb such a reverend and learned assembly so long , and stop their going on with the work of the church . at last , the independents do declare ( when by the authority of the parliament there was a committee , in compliance unto them , and upon hopes to gain and reclaim them by fair terms if it were possible , appointed to agree the differences betwixt the synod and them ) and say , that they would have a toleration to all those who oppose popery in its fundamentalls . now , to understand this demand of the independents , we must enquire what is meant by the fundamentalls of popery . truely , in all probability , by the fundamentalls of popery must be either meant the grounds , or foundation upon which it is builded , and laid ; or the main and essentiall parts whereof it is composed . the grounds and foundation whereupon popery is builded , are ambition and avarice , by the consent of all judicious and impartiall men . the main and essentiall parts of popery , are corrupt discipline and corrupt doctrine in the church , both directly opposite and contrary to the will of god declared in his written word , and to the primitive times . now , if the independents and their adherents , can clear themselves of the fundamentalls of popery , to wit , of ambition and avarice , and of corruption of discipline and doctrine , i wish they may not onely have toleration , but also the hand of brotherly association : but their hunting after moneys and preferments , with their self-conceits and self-love , are so manifest that they cannot deny the two first , ambition and avarice . as for the corruption of the independents in their doctrine and discipline , the synod can tell enough of it , besides the writtings of many learned and well-minded men against their doctrine and discipline : for all , thou may consult master bailey his book , where their beginnings and growth are set down clearly out of their own writtings . then , the independents must preach to the people , yea in presence of the houses of parliament , upon a solemn day of fasting , that it was hard measure to stop them from preaching , and dogmatizing upon ( i know not what ) niceties of discipline . if there be no more but niceties in dispute betwixt the synod and the independents , then let the independents tell me where is their charity , so much vaunted of ; or , where is their self-deniall for a meer nicery , in troubling for so long a time both the parliament and the synod , and in stopping the setling of the church to the glory of god , and for the comfort of his people ; for doubtlesse , were it not for them , the church-affaires had been setled long ago , and the countrey had been provided with faithfull pastours to feed the flock of christ long before this time : but god in his hid providence , for causes best known unto himself , hath suffered this setling of the reformation to be thus retarded , and stopped by these sons of dissention to this day . as in this we adore the good providence of god , yet we cannot but accuse our selves of manifold sins , whereby we are thus kept back from the enjoying of a through and setled reformation . the independents do here instance , why doth the synod deal so rigidly with them , as not to comply with them ? now let god and the world judge , whether or no so reverend and learned an assembly , called and met together by authority of the magistrate to give out the platform of a true and through reformation , according to the word of god , and conform to the purest primitive time and the best reformed neighbour-churches , having the word of god for their rule and warrant , with the example of the purest antiquity , and of the best reformed churches now adayes , and that not onely by practise of their setled discipline and doctrine ; but also their sentiments and advices concerning the points in dispute with the independents , with the judgement of the learnedst orthodox men in this part of the world ; it be fit that the synod should lay aside the truth of god and the good of the church , and yeeld to the phantasie and conceit of self-witted and by-ended men , who make religion a cloke to their ambition and avarice , by faction , troubling both church and state . then a great stickler of the independents moves the houses of parliament for a toleration for those of his holy society , fraternity , and adherents , to have liberty of conscience in the transmarin plantations , thinking by these means to make a step for the same liberty at home . this cunning of the independents is so easily to be seen , as white threed upon black cloth . but how the magistrate can condiscend to it , i know not : true it is , the magistrate at his entry , finding men in a countrey professing erroneous doctrine and discipline , may forbear to presse or trouble them for their errour ; ( so the magistrate in judah and israel did not presse the canaanites for their errours , yet did he not suffer them to dogmatize and openly commit idolatry , to the dishonour of god , and to the withdrawing of men from the truth ; ) but to authorize men in their errour , he cannot do it in duty to god , nor in good will towards man ; for self-worship of god is far lesse to be allowed by the magistrate , then dishonouring of parents , stealing and adultery , &c. the reason is , the first reflects immediately upon god , who will be worshipped according to his rule which is set down in his word , and not according to the phancies of self-conceited men : otherwise , in vain god had established rules , according to which he would be served in spirit , and not justly had he punished nations for transgressing his rule . then , the independents plead for not troubling their consciences . it hath been the observation of many remarking men , that there was never time nor place , when and where the name of conscience hath been so much used for a covert to carriage of things , both in church and state , as now adayes , and amongst us . and if judicious men will seriously consider the conscience this day in every mans mouth , they shall find it to be but little more then a s●l●-conceit misled by wilfull ignorance , in some men , but for the most part , by worldly interest of ambition and avarice ; for , if you take conscience in a right notion ( to speak homely and plainly of it in this place , without subtilizing , ) it is a knowledge of the soul with god , of our carriage towards him and towards man . now , whether this carriage of ours be right or no , we are to judge of it , first , and principally , by the rule of gods , word . next , and consequently , by right reason , and human laws , subservient to the rule of god , simply and purely , without by-respects , and meerly for the glory of god , and for the good of man . now , let those who have conscience ( and the tendernesse thereof ) so much in their mouths , cast up their accounts , whether or no they do set before their eyes the glory of god and the good of man , according to the rule of god , and to right reason , or laws of man , subservient to this set rule , without any by-respect of worldly ambition and avarice . further , have not the independents endeavoured severall times to dissolve , at least to adjurn the synod ? yea of late they went so far on as to move it in the house of peers ; but the motion was rejected ( although they had made a good party for the businesse ) by the wisdom of the house , and praise to that noble lord roberts who first answered . at this time , the independents do what they can to make a quarrell betwixt the parliament ( with the people ) of england , and the scots , since they conceive that they would find but small opposition in their designe , if the scots were not in their way : this they tell in their particular discourses freely , and perform really so far as they are able . so , first , the scots underhand must be stopped from all conveniency for their army , and from every thing to go on with the service in this common cause . next , the scots army must be pressed southward , on this side of trente , to undo it by want of provisions . then , the main committees of the countrey must be forbid to supply the scots with any thing , yea caused underhand to obtain an order from higher power , to furnish the scots with little , or nothing at all . in the mean time , the scots must be cryed out upon as idle and lasie , not minding the publike work , and as being burthensome to the people . yea , more , they must be grievously complained on , as taking exorbitantly from the people ; and men must be perswaded , induced , and forced to come unto the parliament , with complaints against the scots , without reason and equity , and further , contrary to agreement ; for , by stipulation it was accorded , that no complaint should be made unto the parliament against the scots , till the businesse were tried by the committee of both kingdoms , residing upon the place ; and thereafter , if satisfaction and reparation had not been granted , the recourse was to be had unto the parliament . witnesse this seventh proposition , and the answer unto it ; which i have thought fit to insert in this place following , that every one may see the truth of things . the seventh proposition . we do approve that for the preventing of complaints to be made unto the parliament of england against the scottish army , that the committee of both kingdoms residing with the scottish army , be desired to endeavour the redresse of them upon the place ; and for the preventing of many inconveniencies which otherwise may ensue , that it may be intimated unto all such as may be concerned therein , that they first addresse themselves to the committee of both kingdoms , upon the place , for reparation of any injuries done to them , before they make any complaints to the parliament ; and that no complaint be heard here , but in such cases as wherein justice is denied there . answer to the seventh proposition . that for the complaints that are or may be made of the scottish army to the parliament , the committee do conceive it just , that the complaints should be communicated to the scots commissioners , as is desired : and for the preventing of such complaints to the parliament for the future , that the committee of both kingdoms residing with the scots army , endeavour the redresse of them , if possible , upon the place . after all this , upon complaints made on purpose , the scots must be sent back in all haste without any more ado , without regard to what they have done , what they are doing , and what they may do for the publike cause now in hand , and without respect to the treaty made betwixt the two nations , and to their mutuall ingagements . and this went on so far , by the artifice of the independents , that it was moved in publike by a great stickler of that faction , and a venter of their plots . thereafter , the independents have another thought , which is to have the garrisons ( taken in by the scots from the enemy ) in their possession , namely carlile and new-castle , as places fit for their plantations ; from the one , they do think to spread their seed into scotland , and send it over to ireland with facility ; and from the other , to have easie commerce with london , amsterdam , &c. and this is because the scots hinder their plots . but let the world judge whether or no it is reasonable that the scots return presently back into their countrey , and give over those garrisons , before the work be ended , that is , religion and peace setled , for which they have done and suffered so much abroad and at home in their zeal to the cause and kindnesse to their friends ; and leave all to the adversaries of the covenant : and whether or no they should have any place of retreat in case of need , so long as they are about the service . and , is it to be thought , that the scots should return home re infecta , they came hither for , when they are constantly willing and in capacity to go usefully on with the service , to say nothing of the just thanks due unto them for what they have suffered and done in their love to the cause , and affection to their friends ? what ? must the scots abandon the garisons to the adversaries of the reformation , who have already some sticklers in new-castle who begin to broile and to trouble the people with their errours and phantasticall dreams , leading to faction and division ? last , the factious independents ( in what truth , we shall see it presently ) give out that it is by their wisdom , purses , and valour that things are brought to so good a passe , and unto the happy condition we see them in , for the ending of these troubles . to this i answer ; let no man sacrifice unto his own worth , merit , or action ; for it is a great sacriledge to take away from god his due , who is all in all , since in him we are and move , not having either being or motion but by him originally , and by his continued upholdig and assistance of us . then , it is idolatry to put any thing whatsoever in the lieu of god . but let this passe for this time . as for the wisdom , purses , and valour of the independents , where were they before the scots coming in ? yea , where were they before the raising of the siege of oxford ? and to begin at their wisdom , by a great deal of cunning they have stopped the setling of the church to this day , and consequently the setling of the common-wealth , the church being as it were the soul , and the state as the body of the common-wealth : except the church , that is the soul , be in a good posture , the common-wealth cannot be well : and for the state , or politike part of the common-wealth , they are the cause of all the jarres , jealousies , and mistakes betwixt men of both nations , and betwixt divers in this one nation , yea betwixt city and parliament . next , by craft from the very beginning of this war , the independents have scrued themselves in imployment , and got in to have a main hand in all businesses : but by their wisdom they had brought things to such a passe that not onely they did lose their credit , but they durst hardly appear in the streets for a time , so odious were they become unto the people . the incoming of the scots did put life in them again ; for , the people seeing that they were so earnest for the scots , whose successe and dexterity was known to all , with their fidelity and honesty , could not but give occasion to think better of the independents then they had done formerly , by reason of the miscarriage of things . but these sweet birds ingrate to their restaurators , and unthankful to the people , fall to their old tricks again , to raise up their faction against church and state . as the scots by their assistance gave the independents life when they were dead , ( as it were , ) and raised them from the dust unto consideration , by their seasonable help ; so the late miscarriage of busine; sses by some then in power , did furnish unto the independents some means to thrust in businesses & favour among the people . all this while , the independents are getting themselves in all committees and counsells , namely where money is a handling : so by degrees they get benefit and power into their hands , and then pleasure some whom they do affect , and put nack others whom they do dislike . by this means , divers of all ranks , to get their desires either of benefit or employment , do side with them ; or to have their turn served for the present , do cog in with them for a time . as the independents do dispose all things almost according to their mind in the southern forces , by putting out those they do dislike , and taking in those whom they think fit for their ends , or , at least , who do not oppose them , nor do take any notice of their tricks and devises ; so , they do study in the north to keep the scots idle , being not fitted with accommodations for the service , yet earnest they are to call them southward , yea to make the weight of the main service to lie upon them ; and then cry out against them , that they do not go on as they were desired , and that , to irritate both parliament and people . then , as the new moulded army was a setling , many good occasions of doing businesses are let passe by the faults of the independents , whereunto advice was given namely by the scots commissioners , and by other judicious men upon good intelligence , for the easie compassing of things . at last , there must be a siege at oxford , at such a time , and in such a way . how that siege was undertaken according to the rules of wisdom , the judicious , understanding , and indifferent men , both at home and abroad , can tell . all this time , the independents in their wisdom , are not onely busie to stop the setling of the church in a true and through reformation , as by the covenant we are all sworn to ; but they continue and maintain divers kinde of errours and heresies , yea , they move to have their pernicious tenents set up by authority , both at home and abroad . further , they study to make a rent betwixt the two nations against the good of both , yea against the covenant . what more ? have they not in their wisdom raised up great factions , both in the city and countrey , by their cunning devices , under pretence of piety and devotion ? yea , which is worst of all , are they not busie to make the parliament and the city clash and divide , if it were possible , if not , to inslave the city ? first , by underhand-dealing , to stop the city to present unto the parliament ( with due respect ) their just desires for the long expected setling of the church according to the covenant . next , when at another time that the city did send the second petition unto the parliament for the same purpose with the former , the independents made their favourers snuffe at it , and struggle to reject it : but the wiser part did accept of it , and did promise to give due content ▪ namely the earl of essex did expresse himself worthily upon the point , and told the company of the house , besides the justnesse of the cities desire , the parliament must not neglect nor forget the cities stedfast kindnesse to it , namely in its greatest need , and to the cause , witnesse among other things , their refusall of assisting the court against the scots . their keeping close to the parliament , notwithstanding all the workings of the court-parasites , and the offers made unto it by the court . their rescuing the parliament from violence , when with strong hand some members should have been taken from it . their free and unparallelled plentifull furnishing both men and moneys , from the beginning of these unhappy wars . and their constant supplying upon all occasions of both to this present , namely in the remarkable needs , as at brainford businesse , and at the businesse of glocester , where the earl of essex did so bravely relieve that town ( so courageously kept by gallant massey , ) and thereafter did beat the enemy . many such instances may any judicious man give of the independents wisdom so much cried up by themselves and by their hyrelings , which consists in plotting for their interest of ambition and avarice , under the cloke of piety and devotion , without regard to the glory of god , or to the good of man ; for if they had any respect to these two , they would not drive on such factions against the setling of the church , and consequently of the state . now , having seen how the independents have furthered the cause with their wisdom , let us see what they do with their purses . are they not noted to be the most needy , craving , and scraping wretches that are ? have any of them heartily and willingly given any thing out of their hands too ? when god knows , in lieu of giving any thing of their own , that they are deep sharers in the moneys they can lay hold on . are they not the nimblest to hearken after moneys ? and for this end have they thrust themselves everywhere where any benefit is to be had , and where the fingring of money is . have they not received vast sums of moneys , and neither have , nor will , yea perhaps neither can give an account ? witnesse some of them who refused to give an account in the usuall way unto the committee of accounts established by the parliament . and thereafter the same men , after their refusall of giving account , have obtained by the favour of the factious fraternity , a free discharge , without giving any account . it is constantly and generally reported ▪ that they have sent immense sums of moneys beyond seas . many stirring blades and sticklers of their faction of late had neither credit nor means , yea hardly whole clothes , who now are great men , companions to lords . yea , it is told of some of them , that they should say , they hoped to see the day wherein they should not see this distinction of men , and so to be independents as well in the state as in the church . is there any one of their fraternity that hath not enriched himself since these troubles have begun , by the foolery and simplicity of others , as rooks and charlatans in all professions do ? and so they have increased their number . if one should take in hand to set down in writing all the cunnings , devices , artifices , deceits , and crafts known to many , with which these men use to catch moneys , and give no account of , it would make a great volume . they have gotten the fingring of the moneys of state by gathering it , and they distribute it for the most part among themselves : so they give out , that all is theirs which passeth through their hands . but let us see their valour : it is known they have drawn some men of heart and courage among them ; but give me leave to say , that their own courage doth not so much as yet appear unto the world , as other mens valour doth , although they have used all the means which they could bethink themselves of to be cried up for valour ; for ▪ have they not caused their names to be recorded in pamphlets , and read in churches ? if the meanest of their faction had appeared the least in action , he was highly named as the most valiant in the army . yea , is it not a strange thing , to see that gallant sir thomas fairfax to be so little mentioned , although he be generall , and notwithstanding that he constantly in all actions doth carry himself as bravely as any man can do ? how gallant his carriage was at the battel of naseby , it is well known to all , yet he was little spoken of , and the independents must have the glory of the day ; but it is an easie way of these men to raise themselves , and to gain esteem and credit with small merits of their own , by the help of good neighbours and friends . in gods name , let every one have his due , without taking any from others : but such is the weaknesse of many infirm men , who think they cannot be well thought or spoken of to their mind , unlesse they keep under and balk other mens just praise , where there is occasion enough of praise to every one who doth well in the war , as in any other course . in all this discourse , i name no person but to his praise ; yet i tell the errours and faults of a faction , which is as dangerous unto us as that of barnevelts in the netherlands : but we hope that the same god who broke that faction there , will do the same here , as he hath done the prelats faction here amongst us ; and will stop it to go on any further , for the dishonour done to his name , and the mischief done to his people , by those ambitious , coveteous , and self-conceited men , against all divine and human law , without shame , provided they serve their insatiable and phantasticall desires , caring neither for god nor for his people , as appear clearly by the whole tenour of their carriage . finis . the mysterie of iniqvity yet working in the kingdomes of england, scotland, and ireland, for the destruction of religion truly protestant discovered, as by other grounds apparant and probable, so especially by the late cessation in ireland, no way so likely to be ballanced, as by a firme union of england and scotland, in the late solemne covenant, and a religious pursuance of it. bowles, edward, 1613-1662. this text is an enriched version of the tcp digital transcription a28915 of text r211746 in the english short title catalog (wing b3877). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 110 kb of xml-encoded text transcribed from 26 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a28915 wing b3877 estc r211746 12390709 ocm 12390709 60987 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a28915) transcribed from: (early english books online ; image set 60987) images scanned from microfilm: (early english books, 1641-1700 ; 933:3 or 2304:5) the mysterie of iniqvity yet working in the kingdomes of england, scotland, and ireland, for the destruction of religion truly protestant discovered, as by other grounds apparant and probable, so especially by the late cessation in ireland, no way so likely to be ballanced, as by a firme union of england and scotland, in the late solemne covenant, and a religious pursuance of it. bowles, edward, 1613-1662. [2], 46, [2] p. printed for samvel gellibrand, london : 1643. reproduction of originals in the huntington library and the newberry library. attributed to edward bowles. cf. nuc pre-1956. eng solemn league and covenant (1643) great britain -history -puritan revolution, 1642-1660. a28915 r211746 (wing b3877). civilwar no the mysterie of iniquity, yet working in the kingdomes of england, scotland, and ireland, for the destruction of religion truly protestant. bowles, edward 1643 20083 224 10 0 0 0 0 117 f the rate of 117 defects per 10,000 words puts this text in the f category of texts with 100 or more defects per 10,000 words. 2003-07 tcp assigned for keying and markup 2003-07 apex covantage keyed and coded from proquest page images 2004-01 emma (leeson) huber sampled and proofread 2004-01 emma (leeson) huber text and markup reviewed and edited 2004-02 pfs batch review (qc) and xml conversion the mysterie of iniqvity , yet working in the kingdomes of england , scotland , and ireland , for the destruction of religion truly protestant . discovered , as by other grounds apparant and probable , so especially by the late cessation in ireland , no way so likely to be ballanced , as by a firme union of england and scotland , in the late solemne covenant , and a religious pursuance of it . zeph. 3. 4. 5. her princes within her are roaring lions ; her iudges are evening wolves , they gnaw not the bones till the morrow . 4 her prophets are light and treacherous persons : her priests have polluted the sanctuary , they have done violence to the law . 5 the just lord is in the midst thereof : he will not doe iniquity : every morning doth he bring his judgement to light , he faileth not , but the unjust knoweth no shame . london : printed for samvel gellibrand . 1643. the mysterie of iniqvity , yet working in the kingdomes of england , scotland , and ireland , for the destruction of religion truly protestant . were there not a more then ordinary stupiditie possessing the hearts of men , which god usually permits as the fore-runner of heavie judgements , after so many reall and bloudy demonstrations of a damnable designe upon our religion and liberty , it were the most unnecessary worke imaginable to publish written ones . but let this unhappy necessity be obeyed , and honest men be perswaded a little to withdraw their thoughts from their perplex●…d reflections upon the businesse of hull , and the militia , and the london tumults , ( which are usually looked upon as the grounds , but never were other then occasions and advantages sought to throw us into this confusion , which now over-spreads the face of england , and , unlesse god , who casteth out the counsels of princes , and takes the wise in their owne craftinesse , mercifully prevent , is like to overwhelme it ) and apply themselves to a diligent observation of the contexture and comprehension of affaires , as they have beene these later yeeres managed by our adversaries : that so comparing one part of their proceedings with another , and all with this proposed end of subverting the protestant religion , together with the subjects liberty , ( the elme of that vine ) the impartiall and diligent reader may discerne an evident conjuncture of iesuits , priests , princes , prelates , papists , polititians , atheists , prophane and ignorant persons , for the ruine of that religion , to which some of them are professed enemies , others pretended friends , but which of them the most pernitious is hard to judge . but , that no body may be wronged , this heterogeneous number must , in reference to this great worke , receive its proportionable distribution ; and we must not conceive all these equally engaged , or upon the same grounds . babel is to be built , the architects are the iesuites , taking in some atheisticall politicians to their assistance , as surveyors of the worke : princes must finde the materialls , as being made believe that the worke is designed for the house of their kingdome , and the honour of their majesty . papists , with the rabble of superstitious and ambitious clergie , are the daily labourers , the prophane and ignorant multitude are imployed in the most servi●…e workes , as hewers of wood , and drawers of water , and are now made to treade morter for this building moistned with their owne blood . and because all these must be presumed reasonable men ( though the later sort are used as naturall bruit beasts , made to be taken and destroye●… ) who , though they are not so wise as to know what they do , yet must not be thought so foolish as not to know why they take this paines , different ends are held out . and therefore this great building is designed as a church for the papists devotion , as a palace for the prelates ambition , as a castle for the princes power , and the rest have severall baits by these cunning anglers cast out unto them , according to the variety of their dispositions . but lest i should seeme rather to write then to reveale a mystery , it will be convenient to use all plainnesse of speech , that they who are concerned may discern truth before it be beaten into their heads with a poleax . first , i presume it will be granted on all parts , that the roman strumpet is very industrious to corrupt the earth with her fornications , rev. 19. 2. and hath to that end constituted a great councell , de propaganda fide , as they call it , but rather , de propaganda perfidia , whose most vigilant instruments and emissaries are the iesuits , who have by their diligence obtained the honour to be cupbearers of this wine of fornication , and are justly accounted by us those frogs , comming out of the mouth of the dragon , the beast , and the false prophet , going forth unto the kings of the earth , and of the whole world , rev. 16. 12. these men , as they compasse sea and land , and have spread themselves well nigh in all parts , so they have alwaies had a speciall eye to the kingdomes of brittaine , it being doubtlesse propounded to them , and all romish agents , as a piece of eminent service , if by any meanes that might be reduced to the vassalage of rome . and this is the second step which i think there wil be no contesting for , that the romish agents have bin very earnest and industrious in reconciling this iland with the adjacent to their religion ; it being a service which the pope himselfe disdained not to stoope to , in that letter ( yet uncontradicted ) which he writ to the prince in spain , now extant in the english tongue ; where he desires that the prince of wales might be brought backe againe into the lap of the romish church , and the prince of the apostles put in possession of this most noble isle . which desires of the pope have beene seconded with continuall endeavours of swarmes of iesuites and priests resident amongst us . it being then granted , that ever since the reformation there hath beene such a designe , it remaines to shew how it hath been prosecuted , and how farre it hath prevailed , where the impediment now is , what labour there is to remove it , that all true protestants may the better understand their own condition and interests . onely let this be premised , that wee being to deale with a mystery , a worke of darkenesse , it must not be expected that all which shall bee produced , should bee cleare and convincing ; as if a judicial proceeding were undertaken , but that the argument be so probable and dependant , as , though not a legall , yet a rationall judgement may be passed against our adversaries in this cause . and it hath beene a very unjust triumph of the enemy over the parliament and their friends in want of evidence , when they have ( though the nature of the businesse , being treasonable , and therefore clandestinely carried , and bound up by oathes of secresie ) beene put to make up the grounds of their proceedings from the connexion of severall particulars and probabilities , which are enough for a statesman , though not a judge . and the diligent observer may take notice how these feares and jealousies , pretended to be groundlesse , have beene justified by after proceedings , as the use made of newcastle hath vindicated the securing hull . the ship from denmarke hath justified their suspition , grounded ( as it is said ) upon the slighted testimony of the skipper at roterdam . the lord digbies endeavours , and the residence there of king and cochran , the propositions to the scots at newcastle ( hereafter to be mentioned ) for the joyning of the scottish and english armies against the parliament , have justified all the suspitions and accusations , then pretended , and protested to be unjust and groundlesse . in such times and cases as these , feares and jealousies are pardonable , and distrust , especially after evident breaches of trust , is the mother of security . it is a very unequall thing , that the king with his cavaliers should renounce the parliament , destroy his good subjects , upon the jealousie that parliaments and puritans are enemies to his prerogative and power ( which can never bee proved if iustice be made the rule of power ) and we railed on for defending our selves against the confederacie of papists , prelates , court parasites , and their adherents , whose endeavours of introducing popery and tyranny , are farre beyond jealousie , as is now to be demonstrated . i will not retire so farre backe ( having so much work before me ) as to insist upon the manifest and manifold attempts upon this kingdome in the dayes of queene elizabeth , whom when they had discerned to have settled her interests for the protestants against spaine and rome , and established her councell according to those interests : so that though the bishops brought her to dis-favour puritanes , yet they could not perswade her to favour the papists , but she still kept a strict and vigilant eye over them , as being rightly informed , that they , and not the other , were the greatest enemies to royall power . when they saw this , the usuall arts of rome against dis-affected princes , are put in practice , viz. bulls , interdicts , poysonings , assassinations ; which god wonderfully preserved that heroicke ladie from ; the spanish armado , the rebellion in ireland , may be further testimonies of their zeale in this business●… . to the enumeration of these , let us onely adde thankfulnesse and caution , and proceed to their after machinations , the bitter fruits of which the protestant churches yet feele . king iames , before he came to the crowne of england , had a heart too large for his dominion , and therefore extended his affectionate thoughts to the kingdomes of england and ireland , which he longed for a peaceable possession of . the factors of rome having studied his interest and nature , according to their wonted confidence attempt him : as for his understanding , so well informed in the forgeries and falshoods of the romish religion , it was not to be ventured on , and therefore they proportion their workings to his passions , which were , desire of the accession of power , mixt with a more then ordinary feare ( in which he was naturally unhappy ) lest he should be interrupted , if not disappointed in the entrance : and in this conflict obtaine from him some intimations , if not assurances , of favour to the catholique cause , with which they were for the present satisfied . the king upon his entrance and settlement in england , saw cause rather to dispence with his promises then his principles ; whereupon the popish faction grew discontented against him , and a fruit of that discontent was the romish hellish powder-plot , never to be mentioned by any good protestant , but with due gratitude to almighty god , and just detestation of the romish religion . this treason wrought not kindely with his majesty : for whereas he might have made the plot a ground of defiance , and the deliverance a ground of confidence ; the horrour of the businesse wrought such impression of dread upon his timorous spirit , that though he was not blowne up , yet he was shaken by it all his life after , and drawn successively to a compliance with , at least a connivance at their proceedings . and notwithstanding the free exercise of his wit and pen against popery , which they could well allow him , they constrained him to purchase his own security ( contrary to the interests of protestant religion , and paternall affection ) with the ruine of the neigbour churches of bohemia and the palatinate . we should not have looked upon the day of our brethren : to that we may reduce the many impediments that have fallen in betwixt us and the help of our friends , and that posture wherein god himselfe stands towards us , even as a man astonished , a mighty man that cannot save , jer. 14. 9. though we have this hope left , that god will recompence that mischiefe , not upon the nation , the body whereof had a just fellow-feeling with the distresses of their neighbours , but upon that cursed faction whose pernicious councels yet rule among us . this was the most considerable progresse made in his time , though the preparatory workings for a fitter opportunity were not omitted , as the cherishing in him a dis-affection to puritanes , an inclination to bishops , procuring countenance to prophanenesse , both by practice , and declaration to the remote counties for licentious sabbath-breaking , and settling about him persons regardlesse of the good of church or common-wealth . to which may be added the untimely death of prince henry , when it was once observed that he grew popular , inclined to martiall affaires , and dis-affected to spanish proceedings . as also the propositions of the treaty of marriage with spain offered from england , revised at rome , and then by the negotiation of bristoll agreed to ( though after broken ) with so many advantages to the spreading of popery in england , as might discover the designe to have been considerably advanced in king iames his time . i shall shut up the discourse of his reigne with this observation of the providence of god : that those princes who have trusted god with their lives and kingdomes , and kept spain and rome at distance and defiance , have sped better then they , who to their dishonoured selves , have sacrificed the welfare of the church of god , as , by comparing the history of queen elizab●…th , with those of henry the fourth of france , and king iames , may appear ; who trusting to their own politike conservations , the thing that they feared , came upon them . for so it was , that when by the journey into spain , fairer hopes were conceived of the prince , as by his intercourse with the pope , and the presumptions of the jesuite ( which you shall finde in the treatise of the english pope , not unworthy an english-mans deligent observation ) most fully appears ; king iames came to be looked upon as {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and must be taken out of the way , that the mystery might work the more effectually , and so died he , both a friend and martyr of the catholique cause . though it was doubted , and feared , there were severall ingredients into his death , the world talks of a drink , and a plaister , the cup might be mingled for romes sake , and some other hands accessary to spreading the plaister ; if so , let them share the guilt , i leave them to him , whose eyes are upon all the wayes of men , to render them according to their wayes , and the fruit of their doing . it is said , the archbishop of york , if he have not too much , or too little grace , can tell you more of this businesse . let our trembling pen passe on , to his now majesties reign ; and here doubtlesse some apologie is expected , but i hope to say nothing that needs it ; i shall endeavour to avoid known falshoods , or unseasonable truths . an earnest affection to the preservation and reformation of the church of god , hath put me upon this disquisition , and the desire of preserving good men from a snare , which shall be in vain spread in the sight of any bird , hath prevailed with me for the discovery of my thoughts : it is in service to that cause , which i desire not to over-live the welfare of . and therefore , without any more complement , let us begin to search out the pla●…formes , groundworks , materials , instruments of this great service , for recovery of britain to babylon . in the beginning of his majesties reign , the popish faction having in spain , and otherwise , obtained testimonies of his disposition , a strange wi●…e is prepared for him , which , according to scripture truth , is a dangerous preparative for a strange god : surely they will turn away your heart after their gods , 1 kings 11. 2. upon this marriage , is the court ( sufficiently loose , and luxurious enough at all times ) dissolved into riots and masquings , and in the midst of that noise , were our counsells and enterprises , most perfidiously mis-laid , and betrayed , as those of ree and cales , and especially that of rochell , which , as if no sleighter a complement could be thought of for the fair lady , received from france , must by english hands , and popish councels , be betrayed in its religion and liberty . thus is our guilt increased , and our strength diminished ; and lest the remainder of it should be imployed according to the interests of our religion and nation , a peace with spain is concluded , the palatinate left to that which leaves it yet miserable , and is hastening us after it , a course of treating with them , who carry destruction and misery in their paths , but the way of peace they have not known . these things have been long known , but little considered ; and it stands well enough with my intent and purpose , to repeat things mentioned by others , because i aym at shewing the dependance of the jesuiticall proceedings , one upon another , and all upon the main end of subverting religion and liberty . after these parts so well plaid abroad , let us consider how the design was carried on among our selves , from the fourth yeer of his maj●…sties reign . and here , as good workmen use to do . they forecast the manner , and provide the instruments of their work . it must be done , either by force , o●… fraud ; the first is , disapproved , probably upon these reasons : 1. the king could not be supposed to yeeld to an invasion of his own kingdom , and it was pitie to betray so hopefull a prince . 2. it was more full of hazard , as subject to the accidents of warre ; as also , that a violent attempt would probably joyn the prot●…stant and puritan , against the papist , whereas a fraudulent graduall proceeding might possibly unite the papist , and indifferent protestant against the puritan , which they have now accomplished . the latter way is resolved upon , and instruments accordingly fitted , which are certainly the most considerable requisites in any work . and because it was of very great concernment , that the king should be brought to favour and further these popish proceedings , and preparations , he must be ingaged either upon religious or politike considerations , to promote this reconciliation with rome . not to dispute how farre he was prevailed with in matters of religion ; if not for an absolute alteration , yet an accommodation ; or whether ▪ the ultimate end , and full design , were discovered to him , or rather he made to prosecute it under another notion : this is certain , that he manifestly favoured those courses that made way for popery and tyranny ; and it is to be conceived , rather with respect to power and profit ( which were alwayes observed to be his majesties well consistent interests ) then to the popish , or any other religion , which is evidenced by that passage that fell from his majesty , observed by the venetian that wrote the narrative , called the popes nuntio , sc. that his majesty could at that time reconcile himself to rome with much advantage . and when it was discerned that the interest of absolute rule , with its advantages , was so firmely setled in his majesty , and that he was subject to be violent in the prosecution of it , and not likely to stumble at small blocks , which they might well ghesse by the dissolution of parliaments , billeting souldiers , the design of the german●… horse , &c. they cherish him in it , and set france with its broken parliaments and full power , as an object of emulation before him , as finding the interests of popery and tyranny very well to agree . now therefore , is his majesty perswaded that his crown , and the popes chair have common friends , and common enemies . parliaments and puritans , are their enemies ; prelacy and prophanenesse , their friends . let us see how things were carried with respect to them all . first , for parliaments , which the popish party knew to be very good advantages in their constitution , to the preservation and reformation of the protestant religion , they represent them to his majesty as most disadvantagious to his desired power and profit . these were onely times of recompence for wrong , of petitions for right , controllers of prerogative , assertors of popular liberty ; and therefore are they dissolved , disgraced by scandalous declarations , publikely aspersed both from the presse an●… pulpit , as by doctor alablaster , beale , manwaring , and others of that stamp . and that there might be no occasion of drawing supplies of money that way , which had so many other inconveniences attending it , severall exquisite engines of iniquity and oppression were found out by weston , noy , and others , as loans , patents , ship-money , &c. and thus for twelve years , or thereabouts , were parliaments intermitted , and the hopes , if not remembrance , of them almost worn out . then for puritanes , men cordially protestant and zealous of their own religion , which no where but among us is a fault , because they were tenacious of just liberty , and true religion , how studiously and spightfully are they disgraced , as men of antimonarchicall principles , factious spirits , ranked with iesuites ( who were yet better used ) as the incendiaries of churches and states . for the suppressing these men , the authority of the high commission , star-chamber , bishops courts , and the ordinary courts of justice , through the corruption of judges and other inferiour officers , were made very serviceable ; and that they might have no shelter neerer then new-england , most of the faithfull ministers , and religious justices were for some pretence or other discountenanced , displaced ; and it was grown to that passe , that he that departed from evill made himself a prey . for the rooting out of ministers , whose onely fault was painfulnesse in their places , severall artifices were used : and because there were a sort of conformable puritanes , whom the old ceremonies reached not ( who were the least tolera●…le , because the least liable ) severall innovations , and that p●…stilent declaration of the sabbath , were introduced , which to oppose or refuse , was to be marked out to destruction . and all this done , that the faction , as they called it , that so much hindered the good worke in hand , this intended reconciliation , might be weakened , and removed . but were not the cup in the hand of the whore very stupifying , it were impossible to make princes so much mistake their friends for enemies . the principles of popery are certainly more propense to treasons and rebellions then those of the protestant religion , which alwayes made good subjects , though not slaves . and besides reason and experience of former princes , this present conjuncture of time and affairs may give testimony therof . suppose a popish prince that had broken the originall contract bound with oath , subverted the fundamentall constitutions of government in this kingdome ( imagine by parliaments ) and gave evident testimony of not being firme to the established religion ; can it be conceived that such a one could enjoy any security in the midst of romane catholiques ? yet with us , after manifold oppressions , breaches of priviledge , intrenchments upon liberty , setting up of the standard , which some would have interpreted a renouncing of the peoples protection , upon which their allegiance depends , casting off a parliament , by so late an act made indissoluble , without their own consent , charging them with actuall rebellion , and disclaiming all acts done by them , or right in them to exercise his or their own power : the king hears no other language then gracious soveraigne , your sacred maj●…sty , not onely in formall compellations , but solemne covenants . let the world judge whether the challenged power of the pope , and the grounds of popery , would not have given the subjects an absolution , and established proceedings upon other grounds then the puritanes of england and scotland yet do . yet so farre , through the just judgements of god , have the intoxications of rome , backed with continuall evill councels , prevailed with his majesty , as that it may be said justly of him as david , he loves his enemies , and hates his friends , and prefers them who have plaid some of absaloms tricks with him , to his most faithfull servants and people . it may be his majesty is led by this principle , that if he prevaile he gaines much , if not , he loseth nothing ; onely is where he was : but this may prove a dec●…itfull arguing , if not prevented in time . that of the wise man may be peculiarly applyed to these councels , so full of folly and hazard , the wicked worketh a deceitfull work . but pardon this digression , it was well meant , however it may be interpreted . so fared it with the friends of popery , the prelates ; who but they , must be the kings friends , neal to king iames , laud to king charles ; and there they suborned a fraudulent proverb to serve their turn , which was , no bishop , no king , nay ( in sydenhams rhetorick ) no god , whereas the truth was , no prelate , no pope . and here again , was the king cheated by the bishops , which will evidently appear , if ever ( which god forbid ) these cockatrice eggs be hatched . in the mean time , let reason , and former experience be judges . the pomp and splendour of the church , is the popes proper interest ; to which , the greatnesse of princes , is rather opposite , then subservient . increase of power , was in the negotiation , pretended for the king , intended for the bishops , who onely made use of the kings power , for the advancement of their own . and though the king might easily judge , that no addition of power could be in them , without a diminution of his ; yet so farre had this circean cup prevailed , that bishops and their agents , because they served the turn for the present , and prostituted their learning , power , and consciences , to the vindication of illegall actions , and authority , were entrusted , not onely with ecclesiasticall , but a very great share in civill affairs ; some of them being of the privy councell , in all the three kingdoms , and more especially the archbishop of saint andrews , chancellor of scotland , the archbishop of canterbury , controller of the councell in england , who , through the kings confidence , and his own pragmatick disposition , had an influence upon all businesse of consequence that was transacted ; and as the king presumed them his friends , so the pope knew they were his own . their function was a degree nearer in kindred to him , then any other government of the church , and the persons of some of them ( as being men addicted to superstition and idolatry ) were more serviceable then their offices . and it is worth the observation , what care the faction did take to keep this main out-work to popery , in pressing their calling upon mens consciences , which every body , unlesse some of their own favourites , found so offensive in all other respects . and therefore , from the pulpit and presse , was their ius divinum pleaded , as by others , so by the prostitute pen of d. hall , who must also contribute his mite towards this reconciliation , by his printed reconciler , being a pennance enjoyned him for writing formerly , no peace with rome . and lest their rhetorick should fail , they took care in their conclave ( for it was neither synod , nor convocation ) held 1640. for the binding men to this government by an oath , so absolutely necessary to this work , was their standing justly thought to be . lastly , another introduction made for the resignation of this church and kingdom into the bosome of rome ; was that ignorance and prophanenesse , which were generally countenanced in the kingdom . that there was all means used for the growth of these cardinall vertues is evidently manifest . as for ignorance , how studiously did the pharisaicall prelates keep from the people the key of knowledge , by disgracing and discountenancing preaching , silencing painfull ministers , putting down lectures , and when good men ( willing to take any advantage to discharge their consciences ) in stead of preaching , expounded the common catechisme , in that they were restrained by wrens articles , and all discourse of religion forbidden upon occasionall meetings . but i am sure , that is no apostolike rule , if saint paul be consulted , ( col. 3. 16. ) for the advancement of the apostolike sea , as it is called . the most of the preaching that was allowed , was degenerate into railing against parliaments and puritans , crying up absolute authority , passive obedience , strains of wit fitter for a stage then a pulpit . and that men might not be relieved from the presse , where the pulpit failed , some superstitious , prophane chaplains were set to be overseers of it , to whom an egyptian command was given , as to the midwives there , to kill the males in the birth ; and not satisfied with that , as if one age were too narrow limits for their iniquity to be exercised in , order was given , for the re-printing books formerly licenced , with their corrections , or rather corruptions , according to the tridentine invention of index expurgatorius . the like care was taken in matters of prophanenesse ; which , as if it had not been sufficiently provided for by ignorance , the naturall mother of it , the prelates by the examples of their own families for the most part , and the procuring and pressing the book of licentiousnesse upon the sabbath , were diligent nurses thereof . and if it be further enquired , how these twinnes became serviceable to popery , the resolution is very cleer : ignorance you know , is the mother of popish devotion , that is , superstition , and a speciall qualification of a disciple of rome , where blindfold is the onely play , a trick the pope borrows from the divell , the god of this world hath blinded their mindes , 2 cor. 4. 4. and so likewise prophanenesse is a borderer upon popery , by the loose principles , of which , it is much countenanced . it is true , some sins are not so good cheap , among them , as others , but all may be had at a reasonable rate . and prophane persons , whose remainders of conscience tell them , they must at least pretend to some religion , or other ( unlesse they have arrived at the height of atheism ) readily pitch upon that next hand , which would allow most liberty . and our present experience gives testimony of the service these two fruits of the bishops government have done ▪ prophanenesse hath made a generall aversenesse to reformation ▪ and ignorance , with the help of that , hath furnished the king with an army against the parliament , fetcht from the barren mountains of wales , cornewall ▪ and the north , which were kept s●…re without the means of knowledge , as a fit reserve for such a time , as this . i speak of the common sort of souldiers , many of the rest have too much knowledge , and too little conscience . thus have we an account of the more remote preparations for this great service , which had wrought so well , that it was thought seasonable to adventure more boldly upon the businesse . and the prelats , with their forward dependants , as impatient of this dilatory proceeding begin to offer & presse popish innovations , to preach divers doctrines of grosse popery , for the which i referre you to the canterburians self-conviction . the schooles , the presse , the pulpit , began to speake italian apace . the martyrs of the protestant religion disgraced , the conspirators in the powder-treason excused ▪ as in a sermon at saint maries in cambridge by kemp of queenes colledge . and the affront to rome in the common prayer booke , viz. whose faith is faction , religion rebellion , must be taken out , that the proverb might be verified ▪ misso non mordet . our churches began to put on the attire of the harlot ; altars , crucifixes and other idolatrous pictures , were frequently set up ▪ and ●…ervently maintained . the divine service , as they called it , was a messe so prepared , as that strangers from beyond sea could scarce beleeve themselves to be in england ▪ but rather in france or italy , and cryed , non tam ovum ovo simile , nec lac lact●… , &c. and if all this will not perswade the incredulous reader ▪ that there was a strong endeavour of altering religion among us . i shall commend to his consideration ▪ not so much romes master-piece , ( which may be canterbur●…es master ▪ piece for ought i know , it lookes so like a disguise ) as that serious and ingenious tract , called ▪ the english pope , together with the popes nuntioes annexed , which gives a more exact account then i thought the secrecie of those negotiations could have afforded to a man dis-affected to them : wherein you have the propounding and driving of the bargaine betwixt the agents for rome ▪ and the archbishop with his complices , who bought and sold the puritans for cardinals caps , and pensions , among whom the then chichester , now salisbury , was a chiefe ▪ and therefore fi●…est to be the princes tutour . but i should wrong both that authour , and my reader , to tell that storie after him . and though england was the maine shop of this forgerie , as being most considerable ; as also because in ireland there needed not so much diligence , and in scotland there was not much matter to be wrought upon ; yet in the two other kingdomes this pious inclination to peace with rome was not neglected . in ireland , in the fourth yeare of his majesty , severall immunities and encouragements were granted to the papists ▪ the then deputie , though his veine lay more right for tyranny and exaction , in regard of his imperious spirit , yet he failed not to do●… many good offices for the papists , by connivence and countenance given to the free and publike exercise of idolatry . this the king helped on by making many popish peeres , that a parliament in that kingdome might occasionally prove rather advantageous to the designe , then otherwise . the fruit of which liberality of honour was reaped in the irish parliaments , allowing a contribution to the warre against scotland and their sending a committee , many of which were forward papists , now chiefe rebels , to white hall , the summer before the rebellion brake forth , who in all probability shuffled the cards for the cloudy game which was plaid october after . and that canterbury might not stand idle , he dispatcht thither chappell , and other such agents who by their arminianisme and superstition , might traine up the ordinary sort of protestants there , and bring them to that temper ▪ that upon a difference they should propend rather to the papists then the true protestants ; of which allay , ormond , canterburies nursling , and his followers , now prove . thus was ireland managed , that it might serve the turn it now doth , of which afterwards . in scotland likewise all possible industry was used to facilitate an accommodation with englad first , and so with rome . and to that purpose the popish and prelaticall partie were very busie there ; particularly spotswood archbishop of saint andrews , a deepe and subtle dissembler , who had discouraged and extirpated by degrees , and under divers pretexts ▪ most of the faithfull ministers there ; and had he been left to his own politicks in which he was beyond his patron canterbury , in probability , he had made the condition of that nation almost desperate . but canterbury meeting with a man of his owne mettall , maxwell bishop of rosse ( ●…it to be iehu's coachman , being a furious driver to this samaritane mixture , who apprehended and represented the condition of that nation too forwardly and presumptuously , in his zeale rather then discretion ) gave heed to him , and would needs be gathering the 〈◊〉 of the scottish endeavours before they could be ripened in that cold countrey , more backward then england , and so set his owne and fellowes teeth on edge . in confidence therefore that the scottish church and nation was so well prepared , ( as by other endeavours , so by his sermon preached at edinburgh , when he was there with the king , about the partition-wall , eph. 2. 14. which he miserably handled , when he made it to be the jesuits and puritans hindering his reformation , that is , reconciliation with rome ) as to receive the english liturgie ▪ and that corrupted or to give good advantages to the designe by their refu●…all . it was boldly offered them , back'd with the kings power , prostituted to all such services , by that prelaticall pander to the whore of rome . as also a booke of corrupt canons , which though they comprehended abundant iniquity , yet it was thought fit by one canon commended by rosse to canterbury , that a doore should be left open wide enough for the pope himselfe to enter at a fit opportunity , to this effect ; that since no reformation in doctrine or d●…scipline can be made perfect at once , it should be lawfull by his majesties consent , &c. which fell in so directly with canterburies designe , that he procured it to be approved by the king at greenwich , may ●…3 . 1635. and injoyned it to be inserted , giving thankes to his agent the bishop of rosse , in a lerter yet to be seene , saying , he was glad of the canon so 〈◊〉 placed behind the curtaine , and commanded it to be fully printed . but these southerne plants , being slips of an italian stocke , could not endure this northerne climate ▪ but were sorely nipt , and ( hinc ill●… lachrymae ) the scots instead of a common-prayer booke ▪ joyned in a covenant ; which when spotswood saw , he said ( prophetita●…ly , i hope , as once caiaphas ) the bottome of their businesse was broken out , and for his part he thought it seasonable to repaire into england , which he forthwith did and with griefe dyed a martyr to this designe , and so was the prediction of master walsh , a famous scottish minister , fulfilled upon him , who in a letter to the bishop , written 1604. told him he should dve an out-cast . the resolute rejection of this booke , together with the prelates , altered the scene , but no way the plot of this tragedy , and gave occasion for new actors to enter in a military 〈◊〉 , it being determined by this romish confederacy , that force must be added to fraud , the peoples blood to the prelates sweat ; rather then this bles●…el worke dis-appointed . when therefore it was resolved that the many humble petitions and remonstrances of the scottish nation should be answered in blood , preparations are accordingly made ; and because the bishops had rendered themselves so odious by their superstitious and lordly carriage , though the quarrell was theirs , the action must be entred in the kings name the warre must be called bellum ragale , and not episcopale , and the scots persecuted , not as men dis-affected to episcopacy , but to monarchy . and thus , by blowing the trumpet of lyes and slanders , some desperate , some deluded persons were gathered together , to force the scottish nation to canonicall obedience , and a conformity to england , now in confederacie with rome . his majesties person for the credit of the cause must be ingaged , who comming downe to the borders , and finding the scots standing upon their defence at dunce hill , the king having left his firebrands at home , in stead of fighting treats and concludes a pacification at berwicke ; which when the councellours of mischiefe , especially canterbury and strafford , saw , as they had before incensed his majesty against his people to now ( as became the grace of the one , and lordship of the other ) they make him fall out with himselfe , and his owne act , and sacrifice his faith and honour to the quarrell . this poore paper , because it gave advantage toward a peace , so unsatisfying to them , and unserviceable to their ends , it must receive the measure more due to the incendaries , be dis-avowed , and burnt by the hands of the hangman . and this was done upon these or the like considerations . if scotland be so left , it will not onely be hopelesse in regard of it selfe , and so hinder the perfection of the good worke , but remaine as an ill president to all good subjects to stand up in defence of their religion and liberties , ( which canterbury and strafford had a mind to invade ) against all illegall and violent attempts , though in orced with the kings personall pre●…erce . and further , the example of that kingdome will not onely remaine as an encouragement , but their unbroken strength 〈◊〉 ( it is to feared ) prove serviceable to the puritans of england , who are justly thought so many and obstinate , that without a blow they are not to be subdued . it is therefore concluded necessary by the factours for tyranny and popery , that armes be resumed by the king , of which at least they thought to reap this advantage , that which side soever prevailed , it would be an ingagement of the kingdomes in warre ( which was so earnestly pressed by strafford ) that so they might be dis 〈◊〉 and made the more unserviceable to each other in case of necessity . thereupon they further perswading the king of the possibility of prevailing , ( which he used to regard more then the nature of the councell ) armes are taken un againe . strafford , with his assistant sir toby matthews , an episcopall extract , are dispatched for ireland , the one deales with the parliament , the other with the papists , for supplies in this catholique cause , and prevailed not onely in that , but an auxiliary strength is there raised of about 8000. men , most of them papists , who might be transported for engl●…nd or scotland , as occasion should require . and canterbury no lesse busie at home , dispatches his bulls to the clergy for contributions to the present designe and souldiers are pressed with the advantages of coat and conduct money in the severall counties . but the souldiers a sed in 〈◊〉 , hartfordshire , and thereabouts , as if they had rather beene to serve under a scottish covenant , then a popish command f●…ll to pulling downe images , burning the railes about the alta●…s , and affronting papists , which was an un●…oward omen but yet dis-heartned not the stout prelates and rest of the faction from their enterprises . while these firebrands were smoaking in england and ireland , the scotti●…h nation , who love not after games were not idle , but made good their bearing , their lyon was rampant while the english were but passant , and so not being willing to trust another pacification at the borders , march into england with an arny , carrying a petition to the king , and declaration to the kingdome , in one hand , and armes ( the onely arguments then hopefull ) in the other , and forced their passage at newburn , with the repulse of the english , if they deserve so to be called , most of them having changed their hearts for french and spanish ; so were they possessed of newcastle , and the bishopricke of durham , and fought with their adversaries upon their owne ground and charges . the successe of this designe being ill , and the experce great and insupportable to the contrivers , notwithstanding all their extravagant oppressions , they are so impudent as to try if they could intitle the english nation to the maintenance a●…d countenance of that war , which was levied by a faction , and perswade the king to call a parliament , intending , through the specious pretences of loyalty , and promises of taking away grievances , to deceive them into a contribution to this warre , which through gods great mercy and good providence , they avoyded , though it cost them a dissolution . hereupon the instruments of violence double their diligent injustice , which grew so intolerable , that some of the lords take the confidence to petition the king who being betwixt the scylla of a northerne army , and the charibdis of a southerne petition , yeelded to a second parliament , yet continued , and enters into a treaty with the scots , being out of hopes of any other end , unlesse it were of his men and money . thus have you a briefe account of the scottish broiles and let the reader but consider the ground thereof , ( viz. the reducing that nation to a conformity with england , now in treaty of accommodation wtth rome ) the instruments raising and ●…omenting it , canterbury and the rest of that faction , zealous for popery and tyranny , and the forwardnesse of the papists , who use not to make blind bargaines in the furthering that designe , and give a free and impartiall liberty to the use of his owne reason , i doubt not but he will conclude with me , and for me , that this warre was undertaken as a hopefull meane of subverting the protestant religion , and the native liberty of the brittish na●…ion . well , hac non successit , alia aggrediendum via . the disappointment and foile that the enterprize received by the scottish businesse , was so farre from making them cast away their confidence , that they doe but double their diligence , and call a colledge of these state physitians to recover life into this broken businesse . and , 〈◊〉 the proverb might not be renewed , dum consulitur romae , capitur saguntum , the sudden result of those councels appeares to have beene , that some way or other this parliament ( going a course so contrary to theirs , & , through the lownesse of their present state , gaining ground apace , though put to dispute every step ) must be interrupted and disappointed , nay , rather then faile , destroyed . and no wonder at this practice against the parliament , which went on at that time so roundly against their interests , and courses formerly mentioned , propounding a further distance from rome by a reformation , in stead of their reconciliation by corruptions , striking sore at the abatement , threatning the abolition of prelacy , which they could not spare ; countenancing puritans , whom they could not endure ; accusing and punishing delinquents , their grand instruments ; not sparing canterbury or strafford , who were the left and right hands of the designe . so that we need not looke any further for a ground of all possable mischiefes to be plotted and practised against the parliament , then its direct opposition to the projected designe of tyranny and popery , which had beene so farre advanced , and was now like to be interrupted and broken . all the other differences , as particularly that of hull was but the picking a quarrell , and seeking occasion to raise an army , under pretence of a guard , for that purpose to which it is now employed . and it being of so great consequence to the discovery of this mystery , that we understand the true naturall ground of this warre , on the kings part as also that the cure is more easily prescribed , when the cause is found out : i shall take a little paines to demonstrate , that the ground of these present calamities was not the pretended invasion of the kings right in the businesse of hull and the militia , but a resolution to persist in the intended mischiefe to religion and liberty . to which purpose let it be knowne to the world , which to me is sufficiently evident , that before the execution of the earle of straffo●…d , when his majesty had received no other carriage from his parliament , then what he professed himselfe satisfied with , and that if the bi●…s he had past , were againe to be offered , he should cheerfully and readily assent unto them ; even then were dispatched letters and an agent to the king of denmarke from his majesty , complaining of the parliament , that instead of his supplies expected from thence , among other ends , ad propulsandos hostes , you may easily ghesse who were meant ( we being in a deepe peace with all popish princes ) he found it , pertinaciter , & injustis de causis , in 〈◊〉 vir●… exitium intentum & defixum ( undoubtedly strafford , betwixt whose impeachment and execution the letters were sent ) and thereupon declares himselfe in these words , ad alia consilia ●…nimum convertendum duximus . what those counsels were will hereafter more fully appeare . one part of them was executed in the same letter , wherein an agent was named , with credit given , and aid desired . and that it may appeare this letter was sent , out of which these passages are excerpted not onely the copy of the letter , but the authentick answer hath beene seene , and that it prevailed in some sort , appeare●… not onely by the answer from denmarke , but the kings declaring upon the offer to the scots at newcastle , that he was to have money and horse from denmarke , to encourage them to joyne with him ; and all this notwithstanding the deepe protestations , at that very instant , against forraigne forces . and if there want further proofe , it may be added that the intention to bring up the army to over awe if not destroy the parliament , was long before his majesties departure from london , which intention if it he not sufficiently proved by the declaration of the lords and commons of the nineteenth of may 1642. with the depositions and letters annexed , which may possibly prevaile with the indifferent reader : yet the propositions about the same time made to the scots at newcastle , of joyning with the english army against the parliament , and the bonntifull offers made thereupon , of 300000. l. to he paid downe , of foure northerne counties , and the plunder of london , the quitting of his revenues and customes in that kingdome to their publike use , the kings residence at yorke for the better accommodation of both nations , or fuller r●… 〈◊〉 to london , ( which sir iohn henderson , who imparted that gracious message by vertue of letters of full credence given him by his majesty signed c.r. can testifie , or if he will not many honester men may , though the paper be regained ) may sufficiently convince any man , who hath not determined with himselfe , non pers●…adebis etiamsi persuaseris : which i have made the more bold to adde , because though the penner of the answer to the petition of both houses march 26. 1624. defie the devill ( whom he knew would never take paines to discover his owne plot ) to prove there was any such designe with his majesties knowledge , yet he denies not honest men liberty of speaking the truth . and not to let this businesse passe without the just honour and vindication of the scottish nation , let the world take notice , that they not onely refused this offer , but acquainted those who were most entrusted with the affaires of the english parliament , and offered rather ( if need were ) their best assistance to secure the just and lawfull proceedings and priviledges of parliament , and settle both nations in truth and peace , the embracing whereof might have probably prevented a great deale of bloudshed both in england and ireland and had beene the fore-game of our present after-game . but they were then so farre more tender of his majesties honour then their owne safety . that they made use neither of the kings offer to the scots by declaring it , nor the scots to them by accepting it , and one of them was so farre more ambitious of his majesties favour then carefull of his owne honour , as to acquaint the king with the businesse : a●…ke the lord of dorset who it was . but i hasten from this digression , and returne to that conclusion , which i thinke i may clearely make from these premises ; that his majesty before any of these apparent quarrels about tumules , or the like , used earnest endeavours for destroying the parliament , so contrary both in its constitution and proceedings to the intended subversion of religion and liberty , either in their persons or priviledges . so that though these plots and transactions did not serve the kings turn , for the intended mischiefe , yet they serve mine very well in the cleare proofe of the intention of the mischiefe . something might further be added out of the irish businesse , to make this assertion cleare , but i reserve that to its owne place , being the mystery of this mystery , and the iniquity of this iniquity . by what hath beene declared , it may appeare what aspect the king and the councels in which he was ingaged had toward the parliament of england . let us proceed to examine the cour●…es which were afterward taken in prosecution of this design against them , and those that for love of religion & liber●…y adhered to them ; and by considering the wayes , counsels , instruments , which have beene used in this service , we shall obtaine yet further evidence , that this present warre , undertaken by the king and his party was intended for the subvers on of the professed religion , and establisht government . when therfore the armies raised both in england and ireland ( not without some relustancy , as not having performed their intended service ) were unavoidably to be dis-banded in the declining part of the yeare 1641. we must suppose a counsell most solemnly to be called at white-hall about july or august , before the kings going into scotland ( it being then very seasonable in regard that the irish committee ( especially so able and active men as gormonston , muskery , plunket , browne and bourke , who were privately treated with ) was then in england ) wherein , as may appeare by the precedent and future practises , it was laid as a ground , that this parliament , with the puritanes , their adherents , who stood so obstinately in the way of this propounded , and so farre promoted designe , must be removed , or subdned . and to this end wayes of violence ( blood being the whores drinke , revel. 17. 6. and i●…perium quolibet pretio constans bene , an absolute rule being cheap at any rate ) are resolved upon , especially considering that many broken pieces of the armies raised against scotland might easily be made use of againe , the occasion being very little different . and in this conspiracy was that monst●…ous rebellion in ireland ( to use the words in the kings answer to the petition of the irish commanders , dated at oxford december 1. 1642. for we cannot wish better words , though we expect better deeds ) practised by those mercilesse and idolatrous rebels , more then probably contrived . let us stand behind the curtaine , some policie may be learnt , and honesty too , by way of defiance . after the proposition of the destroying this parliament , in case it could not be reduced to the service of this catholique designe , ( which was almost past hope , seeing no more royall inclinations in them , after so many acts of grace , besides personall honours , and offers made to some , accepted by others ) which was resolved doubrlesse , nemine contradicente . the next consultation must naturally and necessarily be of the manner , which must likewise be confusion and blood ; sceleribus non nisi per scelera tutum est iter . but nothing is to be done rashly , the cause being as full of hazard as importance ; let therefore the state of the kingdome of england , and the neighbour kingdomes and states , in reference to this cause be duly considered . the condition of england may be thus represented , for the body of it ; it consists of papists , protestants , viz. the king , prelates , courtiers , and cavaliers . the dissolute gentry , the superstitious clergy , the profane and ignorant people the only protestants now accounted of , all the rest are but anabaptists and brownists ; and a third party of purita is that is lovers of the protestant religion , with the desire of reformatio●… , friends to the parliament , and native liberty of the subject . this latter part though very strong , yet may be supposed well ballanced by the other two , whom they without a mistake , as now appea●…es presumed might be made one , upon the coincidencie of popery , absolute power , prelacie , indifferency in religion , and profanenesse ; especially with the advantages of their opposition to puritanisme and reformation , and the manifold pretences that might be continually made against the parliament . and whereas it might be objected that the parliament now made indissoluble by a late act , would be a very great impediment , in regard of its power and estimation with the people , especially now after their pressures sustained for want of parliaments . this was put of with the projects of defaming and disgraceing it , withdrawing some of the members , corrupting others , and bringing the kingdome into that condition that the parliament shall be constrained to disingage the people by requiring contribution , rather then ingage them by present freedome and reformation . england thus represented is no great discouragement to the worke . but what shall be done with scotland ? a people full of foresight and resolution ; th●…ir late carriage towards this very businesse , hath given abundant testimony , that they upon the stateing of the quarrell by the parliament , for religion and liberty will easily be drawne into their assistance . the course since taken , seemes grounded upon such councell as this ; the king is to goe into scotland ; and so to pas●…e by the armies , the commanders of which may occasionally be saluted , and there he may upon the place be advised , to what may be best for his ends . if by faire offers and pretences they can be deluded , let them not be spared , that they may be either ingaged by kindnesse , or upbraided with unkindnesse . if they be found peremptory , since there is an advantage of the kings presence ▪ and so many resolved cavaliers to attend him ( as there did both popish and others ) let some of the heads of the faction bt taken off , as argyle for one , and hamilton likewise ( who by playing booty on both sides that he might be sure to save his stake had like to have lost all ) which was accordingly attempted by crawfords designe but through gods providence prevented , by making a difference betwixt the contrivers , and stirring up a more ●…oble resolution in one of the commanders ( though since unworthy enough ) who thought and said , it was the worke of butchers and not souldiers , that was propounded . but let the worst be supposed and provided for , as scotland is for the most part puritanicall , so is ireland popish . and the irish papists may first suppresse the protestants among themselves , and so not onely occasion the exhaustion of england and the distraction of the parliament there , by a warre , but also be serv●…ceable upon the perfection of their worke , or an allowed cessation from it , to strengthen the kings party in en●…land ▪ or annoy scotland to the prevention of their assistance . very good or at least very true . but what may be expected of holland ? from the people little hind●…ance , being drowned in their owne interest of gaine : were we all spaniards , we could have supplies from thence for our money ; and from the prince of orange ( who hath well gained , not onely by that state , but upon it ) all possible assistance by reason of the contra●…t of marriage with england , and the possibility there may be of requiting him in the same kind , when our worke is done . which ( by the way ) when the netherlanders are awake they shall doe well ●…o consider of , and reflect upon the belgick blood , and english treasure expended in the freeing them from that bondage , to which by 〈◊〉 at supplies against the parliament they are hastening againe . as for denmarke the case is cleere , the obligation of consanguinity the interest of royaltie will ingage that prince , and to put it utterly out of doubt the incouragement given by letters under his owne hand , is abundantly sufficient . as for france and spaine , popery and monarchy , ( or rather tyranny ) will bring ●…n them , ( notwithstanding , their great and important differences ) as pilate and herod , to joyne in crucifiing christ : the greatest doubt may seeme of france , spaine having a firmer interest in the papists of ireland and england ; but considering it is for the catholique cause , and that if the proceedings of the true protestants of england and scotland prosper , it may be an ill president to the protestants of france , to strive to regain , what the other strive to keep : no doubt he will cast a favourable eye upon this businesse , as now appeares by sending his agent into scotland , to hinder the union of the two nations . things being thus digested ( as in all reason they might and were ) no wonder though the king upon his returne from scotland ▪ and the rebellion begunne in ireland , altered his language and carriage to the parliament , and sought nothing more then occasions of beginning the quarrell ; as by the illegall accusation of their members , going to the house of commons to demand them , so attended ; upon whose instigation , and with what intention , appeares by the queenes carriage at his frustrate returne , as also by the confessions of divers of that desperate guard . these violent assassinating courses attempted in england and scotland , practised in ireland , though they are not certaine evidences , are usuall signes of a popish designe , and jesuiticall councels . after this attempt , ( not through pretended feare , ( for his majesty adventured into the city the next day , with a small guard ) but through indignation at the disappointed mischiefe , and , ( as the lord digbie saith ) to keepe the cavaliers from trampling and reproach , ) the king removes from london , cum tota sequela , except some who were left to be agents in city and parliament for this great service , whom we could as well have spared . and now the plot of raising an army , long before contrived being ready for the birth , iune lucina f●…r opem , let the queen find a pretence to goe into holland , ( taking with her the crowne jewels , which were pawned or sould , not to gaine , but lose the pearle of price ) with the more freedome to negotiate forreigne supplies of money , armes , ammunition , and commanders , whither likewise some other officious persons , as iermine , digbie , &c. were before , by his majesties warrant , despatched , and to speake without flattery , she did speciall service , for which no doubt she shall have her indulgences and pardons free , as she hath occasion to use them . in the meane while the king is going on pilgrimage in devotion to this romish cause , and though continually petitioned for returne , and obtested by bleeding ireland , makes little stay till he comes to york , where after the courting of that country , and his many protestations , ( taking the lords in for security , iune 15. 1642. whose honours were pawned for his majesties intentions whereby it was thought the people were better prepared then indeed they were ) he goes to hull , and upon sit iohn hothams refusall takes occasion to raise a guard for his person in a place , whose loyalty was so much magnified , which by the helpe of the commission of array , and forreign supplies hath ingendred a plentifull issue of three or foure armies . but what is all this to the subversion of the protestant religion , if there had been any such intention in the raising the army , the papists whose speciall interest it was , should have beene taken in , who are by a proclamation dated at york , august 10. 1642. forbidden , not onely the court , ( a place so unfit for them , the queen being now absent ) but any office or service in the kings army ; and as if his majesty were so farre from expecting their assistance , that he feared their vengeance , in his instructions to the commissioners of array , august 29. 1642. dated at nottingham , charge is given that recusants be disarmed . this cannot be denied , but it may be contradicted , as it was by his majesty , in an answer to the petition of the recusants of lancashire , dated at chester , september 27. 1642. where they are not onely allowed , but ( according to the knowne law of the land ) required to provide sufficient armes , for themselves , their servants , and tennants . and wheras it may be said the case was different in august and september ; it s yeelded , his majesties case was different , though his cause the same . to have received them before others were ingaged , had beene to disingage the protestants and interrupt the worke in its tender beginnings . and therefore it must be so timed , that as many protestants as could be deluded with pretences , might be drawne in and ingaged , beyond a retreat , before the assistance of the papists was required . thus have you an account of those ground●… , for which those counsels , con●…rivances , and disguises , by which the maine army countenanced by the kings favour and presence , was raised against the parliament . i have no minde to trace it over-shooes , through that innocent blood which hath been spilt by it , neither is it to my present purpose to doe it . the indeavours to the same end in the north , by the earle of newcastle , in wales and cornewall by the marqu of hertford , and sir ralph hopton ; ( these latter grounded rather as i suppose upon the principles of prerogative then popery ) i purposely omit : onely let me take notice , that this worke of darknesse hath made the darke corners of the land its refuge and received most assistance from places most void of the knowledge of god , which we are in a high degree to impute to the more then barbarous cruelty of the prelats not onely not providing , but preventing their supplies , and discouraging the liberality and piety of those who indeavoured the propagation of the gospel , by disappointing the intention of buying in impropriations , and discountenancing lecture . these armies thus raised , and made up by papists prelats , courtiers , superstitious clergy-men , dissolute gentry , and a herd of prophane ignorant people ; what by treating and fighting , by false friends and bitter enemies ( though the just hand of god upon this nation , for their idolatry , and backsliding bloudshed and oppression , and undervaluing the precious gospell of jesus christ ) have turned this kingdome into a field of bloud , and of the esteem and envie of other nations , have made it the pitty of our few friends , and the reproach of our adversaries . but why should all this calamity be reduced to his majesties counsels and courses , hath not he offered treaties of peace ▪ as at nottingham , and entertained them , as at oxford . i know there are many that afflict themselves with the neglect of the offer from nottingham , sent from the desolate standare , and looke upon it as the losse of a happy opportunity . i deny not but his majesty , in that condition not out of love to peace ( an affection that could not well consist with those 〈◊〉 endeavours to leavie warre ) but feare lest he might lose that power he strived to increase , might be for some time reall in that motion but his inclinations to it were not so strong as to revoke his proclama●…ion . ( which measure not onely the scots found , but the irish rebels likewise , now by authority derived from his majesty , called catholique subjects ) or to resist ( as the re●… is ) the suggestions of the earle of bristoll , who desired him 〈◊〉 〈◊〉 his promise to the q●…eene and therefore not like to have been so constant , as to have produced a setled peace . as for the other treaties offered and entertained , as they were intended so they proved , accommodations for war , rather the●… peace , as that overture before the brainford businesse : and as for that treaty at oxford , if the king had entertained the same disposition towards his parliament in england , as he hath since expressed towards his late rebels in ireland , hee would not have been so scrupulous in all the passages of it , and so indulgent to the almost starved rebels , by the manifold advantages of that cessation , afterward to be examined . it is t●…ue , there have been divers overtures since , the most of them private , but we have lost by every bargain ; among the rest the queen was appointed and used as a most hopefull instrument of quenching the flames she had so diligently kindled and blown , and as i am too truly informed , favour offered to her faction by those who ( though all this was come upon us ) ought not to have stretched out their hands to a strange god shall not god search this out ? psa. 44. but what peace so long as , &c. there were possibly some lords and gentlemen ( in other respects ) of worth , as hartford , south hampton , falkland , and some others , ( who finding things contrary to their expectation , and being wearied with the tediousnesse of this unnaturall war ) that had and have reall inclinations to peace : but what doth this availe us , when his majesty is wholly swayed by those counsels which are as averse to peace , as to the protestant religion , and the liberties of the kingdom ; so that there is little hope that the armes taken up by the king should be willingly laid down , till the ends for which they were raised , the subduing the parliament and puritans , the subversion of religion and liberty , ( which god prevent ) be accomplished . but i am not ignorant of the prejudice and unbeliefe that all which hath been or can be said in this businesse is like to meet with , so averse are men from looking upon this as a quarrell of religion , and from laying it to heart accordingly . i shall therefore take the boldnesse to produce yet some further evidence , whereby it may appeare that the interests of the king and papists as in all parts , so particularly in ireland , are deeply and desperately involved . first in generall , the papists ( who do not use to reckon without their host ) in all places interpret the cause of the king against the parliament to be their owne , and declare it not only in words , but in their personall assistance , and plentifull contributions , as appears by the notice given to the papists in flanders , of the acceptable service they should doe to the catholike cause , by sending money for the maintenance of the army against the parliament , witnessed upon oath . and though our selves who are most nearly concerned are so hard of beliefe in this case , yet the neighbour protestants , as of zeland and scotland , do so state it , as appeares by the letter of solicitation for a seasonable engagement in the behalf of the english protestants , from zeland to the generall assembly of scotland , and by the remonstrance of the assembly of scotland , to the convention of estates there , and their answer thereunto , dated june 27. iuly 4. 1643. but the fullest and saddest evidence in this businesse is to be drawn from the due examination , and consideration of the rebellion in ireland , ( for so it was once called ) wherin there have perished neare two hundred thousand soules , by the hands of those wicked and detestable rebels ( as they are called by his majesty in his declaration of april the 8. 1642. ) so odious to god and all good men , with whom if his majesties counsels prove consederate , i think it will be sufficient to convince our moderate men , and awake them out of that neutrality , which is as unprofitable as it is detestable , since it neither procures friends , nor reconciles enemies . that the ground of that rebellion was the advancement of the catholike cause , is professedly declared by the acts of the generall assembly of rebels at kilkenny , held 1642. which acts were printed at london , march the sixth 1643. in these words . for the exaltation therefore of the holy romane catholike church , for the advancement of his majesties service , and for the preservation of the lives , estates and liberties of his majesties true subjects of this kingdome , against the injustice , murthers , massacres , rapes , depredations , robberies , burnings , frequent breaches of publi●…e faith and quarter , and destruction daily acted and perpetrated upon his majesties said subjects , and advised , contrived , and daily executed by the malignant party , some of them managing the government and affaires of estate in dublin , and some other parts of this kingdome to his highnesse great disservice , and complying with their confederates , the malignant party in england , and elsewere , who as it is known to all the world , complot and practise to dishonour and dest●…oy his majestie , his royall consort , their children , and monarchicall government , which is of most dangerous consequence , to all the monarchies and princes of christendome . the said assembly doth order and establish a councell by the name of a supreame councell , of the confederate catholiques of ireland , &c. you see how neare the exaltation of the holy romane catholique church , and the advancement of his majesties service , stand together , and who are accounted his majesties true subjects , who malignants . but all this is easily blasted with the consideration that they are the expressions of rebels , pretending his majesties name and service for their advantage ; no , under favour , they are the expressions of his roman catholique subjects , so stiled in the late cessation , concluded in his majesties name , and by his majesties authority , september 15. 1643. and ranked equally with other his majesties good subjects , and therefore no reason to discountenance this evidence , not yet those of the like nature hereafter to be produced . however it aboundantly shewes the end for which it was mentioned , the proving that rebellion to be a quarrell of religion . let us now trie what evidence may be brought forth to prove that the papists in ireland , and the armies in england , engaged against the parliament , are doing the same work , and that there is a line of communication betwixt their counsells . to this purpose , let us consider a commission , and a cessation , to which whatsoever else is to be said in this matter may be reduced . common fame , none of the worst witnesses , hath brought to every mans eares the noyse of the kings favouring the irish massacre , and that the catholique subjects there have called themselves the queenes army , and intimated themselves the kings , by saying they had good warrant in black and white for their proceedings , and crying out upon the english parliament and puritanes , as the kings enemies and theirs . it were well worth the knowing the truth of this so important businesse . let us goe as neare it as the nature of a mystery will admit . and first let the copy of the commission , said to be given by the king to his catholique subjects of ireland , be read and examined . from our camp at newrie this fourth of november 1641. philem oneale . rorie macguire . to all catholiques of the romish partie both english and irish , within the kingdome of ireland , we wish all happinesse , freedome of conscience , and victory over the english hereticks , who have for a long time tyrannized over our bodies , and usurped by extortion our estates . be it hereby made known unto you all our friends and countrey-men , that the kings most excellent majesty ( for many great and urgent causes him thereunto moving , reposing trust and confidence in our fidelities ) hath signified unto us by his commission under the great seal of scotland , bearing date at edingburgh the first day of this instant october 1641. and also by letters under his signe manuall , bearing date with the said commission , of divers great and heinous astronts that the english protestants , especially the parliament there have published against his royall prerogative , and also against our catholique friends within the kingdom of england ; the copy of which commission we have here sent unto you to be published with all speed in all parts of this kingdome , that you may be assured of our sufficient warrant and authority herein . the commission . charles by the grace of god , king of england , scotland , france , and ireland , defender of the faith ▪ &c. to all our catholike subjects within our kingdome of ireland , greeting . know ye , that we for the safeguard and preservation of our person , have been enforced to make our abode and residence in our kingdom of scotland for a long season , occasioned by reason of the obstinate and disobedient carriage of our parliament in england against vs , who have not onely presumed to take upon them the government and disposing of those princely rights and prerogatives that have justly descended upon vs from our predecessours , both kings and queens of the said kingdome for many hundred yeares past , but also have possessed themselves of the whole strength of the said kingdome , in appointing governours , commanders , and officers , in all parts and places therein , at their own wils and pleasures , without our consent , whereby we are deprived of our soveraignty , and left naked without defence . and forasmuch as we are ( in our selfe ) very sensible , that these stormes blow aloft , and are very likely to be carried by the vehemency of the ●…rotestant party into our kingdome of ireland , and endanger our regall power and authority there also : know yee therefore , that we reposing much care and trust in your duties and obedience , which we have for many years past found , doe hereby give unto you full power and authority to assemble and meet together with all the speed and diligence that a businesse of so great a consequence doth require , and to advise and consult together by sufficient and discreet numbers , at all times , dayes , and places , which you shall in your judgements hold most convenient and materiall for the ordering , setling , and effecting of this great work , ( mentioned and directed unto you in our letters ) and to use all politick wayes and meanes possible to possesse your selves ( for our use and safety ) of all the forts , castles , and places of strength and defence within the said kingdom ( except the places , persons , and estates of our loyall and loving subjects the scots ) and also to arrest and seize the goods , estates , and persons of all the english protestants within the said kingdom to our use : and in your care and speedy performance of this our will and pleasure we shall perceive your wonted duty and allegiance unto vs , which we shall accept and reward in due time . witnesse our selfe at edinburgh the first day of october , in the seventeenth yeare of our reigne . this deponent maketh oath , that about the middle of november last , living then in the parish of saint michans , neare dublin , being accompanied with one master stapleton of dublin aforesaid , gentleman , they happened into the company of a popish priest , commonly called father birne , who being formerly acquainted with the said master stapleton , desired to drink with him at a ta●…ern called the bull , upon merchants key in dublin , where 〈◊〉 of the injuries and troubles of the times , the priest answered , that the irish ( not enduring to have them called rebels ) had sufficient warrant for what they did , and stood strongly in defence of their actions ; and presently to justifie his words , produced a writing , according to the tenour of the premises mentioned in this writing abovesaid ; whereof the deponent desired a copy , and he willingly yeelded unto it , and thereupon he wrote this copy out of his literatim , in the presence of the said master stapleton , who is now living in dublin . this is the true copy of that commission , with the annexed warrant and deposition ( for i will conceale nothing in a businesse of this importance ) as it came to my hands in a paper thus endorsed : a copy of the forged commission in ireland , published by those traiterous rebels , sir philemy oneale knight , rory maguier esquire , and others , with their lying perswasi●…n to seduce and stirre up the whole romish party to rebellion , wherein may be seene how heinously his majesty is abused and the parliament unjustly taxed by the ●…apists . this last clause i take for granted , but as for the rest , give me leave to try whether the inside or the outside of my paper be the tiuer . and this i shall doe with all due respect both to the king and parliament , that his majesty may see that there was some fire in the midst of all the smoak , and that the jealousies of his people , concerning the irish businesse , were not altogether groundlesse ; as also that the king may have a sit occasion to ab●…ure this commission , and cleare himselfe of the aspersions cast upon him , with respect thereto , and chastise ( as his majesties phrase is ) those wicked fellows ( but i crave mercy , they are not my fellows , they are owned subjects , but i , and the rest of the parliaments friends proclaimed rebels ) and that the more full and particular satisfaction may be given ( for discourses and protestations will not be taken any longer for payment ) i shall give all the arguments i can to prove the reality of it . first therefore let us consider the time ( a materiall circumstance ) when this commission is dated that is the first of october 1641. in one copy , and the fourth in another , ( no great difference ) the massacre beginning the 23. of the same month , which was presently after the conferences at white-hall with the lord muskerie and his fellows , who returned into ireland the same month his majesty went for scotland , leaving the lord dillon , who was presently after sent with the queenes letters , requesting or requiring his being made counsellor of ireland , to his majesty then at edinburgh , where it is said this commission was signed with the broad seal of that kingdome , being not then setled in the hands of any officer who could be answerable for the use of it , but during the vacancy of the chancellors place , intmsted with marquesse hammilton , and by him with one master iohn hammilton , the scribe to the crosse petitioners in scotland , and sometimes under the care of master endimion porter ; a very fit opportunity for such a clandestine transaction . and let it not be omitted , that presently after the date of this commission , dillon , butler , and divers other irish commanders , of which the court was then full , were dispatched for ireland by his majesties licence , not without the just suspition of by-standers . the commission it selfe , for the grounds and language of it , is very suitable to other dispatches and writings under his majesties name , expressing much bittemesse against the parliament , and jealousie of the diminution of his prerogative , which was alwayes his great feare . but i shall be unwilling to fetch the least proofe from the matter or stile of the commission the argument is not so beggarly as to necessitate a petitio principii . let us go on to examine the grounds , why such a thing should be forged , and why such a thing should be granted , and see which are the more probable . i know no ground why such a commission should be forged . it was not to make his majesty odious , for in all their writings they expresse all tendernesse of his honour , and forwardnesse of their obedience particularly in the forementioned assembly at kilkenny , where , next after the article for the injoyment of all the priviledges and immunities of the romane church , as in the ninth yeare of henry the third , the oath of allegiance to his majesty is established , ( its likely according to the agreement of the reconciliation with a salvo to the sea of rome ) and their constant and generall professions of loyalty ( now so well confirmed by his majesties expressions to them , and their contributions to him ) do clearly evince , that they had not so much ill will to the king , as to raise such a scandall of him . and more especially , though a commission might do them some advantage , yet the forgery of one could not but be prejudiciall , it being a necessary ingagement of his majesty in his owne justification , to have used the utmost of his skill and power against them , as to have staid with his parliament and prevented a war in england . but though a forged commission might be unprofitable , yet a reall one i wonder not should be demanded though a stranger to the mystery would wonder it should be granted . first , that hereby the king , whom they knew in his own disposition apt enough to start from his expressions upon an advantage , might be firmly bound to them and their proceedings , as also that the more backward papists , who were more good natured then to rebell against a king whom they had ●…ound so propitious , and more wary , then by such rebellion to forfeit their estates , which under him , with the advantage of their religion , they doubted not to enjoy , might the more easily be brought in . if it be objected , this might be done by a forged commission ▪ i answer , not so well ; forgery is an unruly help , being often requited with the double hinderance of a discovery . papists , though sometimes they delude us , they deale freely , especially in a common catholique cause , with one another . and what end such fraud could have upon the protestants , unlesse a little to amaze them at first , & then exasperate them , i cannot conceive . however it is , be assured that oneale and mac-●…arty beare so high upon this commission , that they have offered major monro , and the scots in v●…ster , an appeale to the king which have the truer commission , and which are the better subjects , and according to that determination to quit or hold their employment if the scots would mutually promi●…e the same . but sure , sayes my honest reader , who thinks other men meane as well as he , this cannot be . why not ? as well as that commission for the cutting thy throat at london , much after this ●…enour and pasted in the same private manner . but how can it stand with his ma●…estes protestations against them , under the name of wicked and detestable rebels , with his declaration against any toleration of religion there , or 〈◊〉 of the lawes in force against recusants , with his pr●…clamation of rebellion against then , dated ●…anuary ●… . 1641. directly opposite to this commission ? it were heartily to be wished , that his majesty had ●…ept his word as well with the protestants as with the popish faction . there passed one article in the treaty of marriage with the queen , which through the care of canterbury , and the paines of windebank , hath been better kept then any protestant protestation . the words of which article are faithfully translated out of the french copy , to this effect : the 27. article is , that the king of great brittaine , having regard unto the prayer of the lady , and 〈◊〉 testifie his affection to her , shall grant unto his catholique subjects the security of their lives and goods , so that they shall not be troubled for making profession of the catholique religion , they rendring unto him that obedience and fidelity they ow●… unto him , to which they shall not be thought deficient for refusing to take any oath , or doe any act contrary to their religion . but it is answered , it concernes his majesty most to look to that , how his words and warrants agree : yet we will be so bold , in a cause of so great consequence as the imminent danger of the protestant religion , as to examine some of his actions , and see whether they have been more suitable to the commission , o●… proclamation . the proclamation it selfe though in its nature opposite yee in its time and circumstances was too suitable to the commission , being deferred from the latter end of october to the first of january , and then so sparingly printed , so warily published , as if it had been under the controll of some former act whose leave must first be craved . but his majesty hath reason to expresse violence against these his catholike subjects , or to chastise them at least , for they went beyond this commission , though supposed reall ; that gave but a yard , they took an ell : though they were allowed to sei●…e the goods , estates , and persons of his majesties protestant subjects , yet they were not allowed to cut their throats , ( unle●…le the private letters concomitant can help out at such a pinch ) and their very transgression in this matter might justly occasion and provoke the title of mercilesse wicked rebels . but to return to actions , the best commentaries upon words ; it is to be feared they will be found more agreeable to the commission then the proclamation , as may be discerned in the unanswered remonstrance of the rise and progresse of the grand rebellion in ireland . for instance , what shall indifferent men think of his majesties withdrawing himself from his parliament , declared by the then reall , though now pretended parliament , to be a great obstruction to the prosperity of the irish undertakings ? of his raising war against his subjects here , the greatest service that could be done to the pretended rebels there , being a diversion of that strength , and a distraction of those counsels that should have suppressed them ? of his granting passes for notorious papists , as butler , the sons of the ●…ord nettersfield ▪ and others , to go thither , for which see the declaration of parliament march . 16. 1641. and , if you will the answ march 19. the stopping of provisions going to the supply of the army against them taking away the horses prepared by the e. of leicester for that service , as appears by his complaint in a printed letter to the earl of northumberlana ? of the free accesse of those that have been active in that design to his majesties camp and court ? of his putting in demu●…res to the bill of pressing souldiers , and deniall to the sending ships for that service ? it must not be denied that his majesty was earnest in pressing care of that businesse of ireland upon the houses , and passed some things to the advantage of it , and ( in a message of the 8. of april 1642. ) spared not to offer his going in person to chastise those wicked and detestable rebels , with the renouncing of all other ends , ( but if his majesty had continued in that angry minde , hee might with ease have chastised them , when they came over to him , as they have done ●…ince plentifully . ) i wish i had many more such actions to repeat . but it must be considered , there was a proclamation that required some countenance , and could not well have lesse then it had : but i forestall no mans judgement , but leave the impartiall reader to the weighing what hath been said , and what hath been produced upon oath in the declaration of the commons , iuly 25. 1643. and if the ballance be equall , i shall only cast in some scruples of the late cessation , which , unlesse the beame be false , will make the commission weigh down the proclamation . 1. first the scruple of &c. in the nomination of the parties in this treaty . is his majesties title of defender of the faith come to an intricate &c. y●…s , and good reason , for the other party , with whom his 〈◊〉 treats upon equ●…ll terms , are content with an &c. and are called his romane catholique subjects now in armes , &c. whereas it should have b●…en added according to the acts of k●…lkenny , for the exaltation of the holy roman catholique church . 2. the scruple of their sudden transformation from monstrous mercilesse rebells into subjects conj●…yned with other his majesties good subjects . what shall the 〈◊〉 of scotland thinke of this , who hardly obtained the l●…ke retractation when they defended the p●…orestant religion , or the parliament of england , and their adherents , who cannot yet finde that favour . but yet , mopso nisa datur quid non speremus , &c. his majesty sure had thoughts of this dishonourable recancation , when hee was so loth to publish the proclamation against them . 3. the third scruple is ●…ersecute , for that is the word in the irish coppy , not pros●…cute ; a license granted to 〈◊〉 ! ●…ure the bishops had a finger in this article , and that persecuted protestants should expect no protection from his majesty , nor any of his forces , against the parsecution of the papists , but rather have occasion to feare the joyning of the forces the king shall have interest in , in the pers●…cution , as is desired by the catholiques , to whom no such trifle must be denied , is to me a sad story . 4. the fourth scruple , that these catholique subjects shall have liberty to send such agents to his majesty , as th●…y shall thinke fit from time to time . priests and iesuites not excepted . if the scales be not yet turned , take the whole cessation , and the thirty thousand eight hundred pound , and that will 〈◊〉 weigh it downe to the ground . but i have much 〈◊〉 leave the contemplation of this cessation , let us take a second view , 1. of the time wh●…n it was granted , mo●…t seasonably when the p●…pish party was driven to great extremities for want of victual , ●…nd had b●…en in greater , had nor the forces raised and 〈◊〉 by the parliament b●…en seduc●…d into a disaff●…ction to their service . 2. o●… the grounds , all acts of importance that are to passe the eye and censure of the world use to come armed against a●…l exceptions with a preamble , shewing the ground and necessity of them : how comes it to be here ●…mitted , that we have neither real ▪ nor * pretended causes and considerations but a down-right ces●…ation , or rather accommodation as souldiers judge it . was it such broad●●ced iniquity that no mask neit●…er in oxford nor dublin would fit it ? was it neither for the preservation of the protestant religion ▪ nor affection to the ancient and native ●…ingdom of scotland , nor for the reconciling of the distractions of the kingdome of england : since those dull contrivers could f●…nde no matter for a foundation give us leave to ●…upply . seing the catholike cause ( which the king of england is induced to serve either nakedly or cloathed with this pret●…rce o●… upholding his powe●… and prerogative , which is suggested to be invaded and endangered by the puritans there ) is now very much concer●…ed in the due ordering of the affaires of great brittain a●…d ireland . and whereas the irish catholikes have given so good t●…stimony of their approved zeal and cruelty in massacring near two hundred thousand hereticks and may hereafter do the li●…e service in england and scotland , if in this their pre●●nt extremity they may be respited and relieved . and whereas it is of very great consequence that the papists and all that will upon any pretence or for any advantage , adhere to them in this cause ▪ be firmely united together against the puritans and their ad●…erents , whether in eng●…and or scotland : it is concluded and accorded betwixt the two etcaetera's , that a cessation o●… armes the like was never heard of , should bee agreed on , from whence the catholike cause and party may expect these advantages . 1. free importation of armes , ammunition , victuals and provis●…ons of all kinds , and free accesse of any of their con●…ederates ●…rom any part of the world . 2. 〈◊〉 tran●…portation i●…to e●…gland , or other parts , of such suppli●…s which s●…all be necessary for his majesties service against the puritans and pa●…iament t●…ere . 3. the strengthning the popish party with the union of the indifferent protestants , and consequently weakning and dividing the adversary , upon whom the whole strength may bee now turned . 4. either an advantage to ruine the scottish army in ulster , if they refuse the cessation , and stay , or if they withdraw , an opportunity to settle ireland , and among england or scotland , as occasion shall be . 5. that some usefull prisoners ( as the earl of antrim who was then in hold ) might be released . 6. that there shall be a reserve of wood-kernes , whom this cessation shall not reach , who shall kill and spoil at their pleasure , th●…se who may be presumed disaffected to the catholike cause . and thus have i made bold to represent to the world this horrid gastly monster of the irish massacre , and ( i hope more to the worlds benefit then my own content ) raked in this sink of iniquity . the evidence is furnished ▪ let the diligent impartiall reader , and the conscience of mankinde , make a judgement upon it . but seeing the discovery and foresight of mischief is but half a wise mans work , ( which now every body pretends to , and i for company ) let us study in a few words to declare the best rules of prevention to this inundation of tyranny and popery , which from the romish sea is like to overwhelm us ; the prud●…nt man foresees the plague and hides himselfe . many rules both of piety and policy might be laid down upon the grounds of scripture , reason , and experience . but since the most of them are so well summed up in that solemne league and covenant agreed on and entred into by these two nations of england and scotland ; i will not scatter them , but propound the deliberate entrance into that covenant , and the faithfull pursuance thereof to be the most religious and reasonable way , to unite and strengthen the too much divided party of true protestants against these conspiracies discovered , which are likely yet further to enlarge their bounds . there are some , it may be , who stand off for want of the kings consent . we want not good authority , though such is our unhappinesse , that for the present , his concurrence is rather to be wished then hoped . in the mean time let not the truth and gospel of christ be sacrificed to the counsels and consederacies of evill and unreasonable men . especially , when they who have a great share in enacting and conserving those lawes by which our religion is confirmed , have engaged themselves and their authority with us ; neither let us be startled at the noise of a proclamation , that turns religion into treason ▪ and union into sedition . proclamations are neither the laws of england , nor yet of the medes and persians which alter not , but may be retracted either with some difficulty , as that against scotland , or more ease , as that concerning irel●…nd . others there are who are not strangers to the present affaires , but there is something that ●…its nearer them then religion or publike liberty , which they are loath to adventure by such an engagement in this declining state of the parliament affaires , and therefore study an ungodly and unprofitable neutrality . to these men i wish a sound mind and a changed heart , to 〈◊〉 first the kingdome of god : let such con●…ider , that if he who was the way , the truth and the life , prescribed the true way to life , they are in the false , his rule in such cases is , he that saves shall lose . and let them know further , that they will one day have more need of protection from god , then his cause hath now of theirs , when they shall ( without repentance ) receive this repulse , goe to the gods whom yee have served . me think it should not be in vain to spend a word or two upon that more t●…mperate party of them , who are now unhappily engaged against the parliament in this wretched cause . sure there are some to whom the counsels of the digbies , and the insolent carriage of prince rupert , & his harpyes , are little lesse odious , then these courses which the two houses of parliament are constrained to . there is yet place for repentance ( god send grace : ) and if the sense of their own honour , which they take so much paines to bury in the ruines of their countries liberty , nor yet of the honour of god ▪ which if not their intentions , yet certainly their ▪ actions desperately strike at , in this apparent danger to religion , yet let the consideration of the issue of that work they are about , supposing their prevailing ( not so probable as they may conceive ) a little move them . will it not as much trouble them to see the kingdome governed ( as now one part of it is ) by a spanish popish ●…unto , as by an english protestant parliament ? to see their beloved moderation swallowed up in the violence of that desperate iesuiticall party that rules at the court , as in the supposed severity o●… those councels , civill or ecclesiasticall ; that govern at the city . let such men be assured that their ends ▪ unlesse such as are consistent with tyranny and popery , must give way to the predom●…nant ▪ interest which will be sound to be that of the feminine planet in the issue , when they have served , they shall like uselesse instruments be laid aside , and dis-regarded . certainly the intentions of those who are drawn in to this popish confederacy are so different , that i am confident if they prevaile against us , their quarrels will be as many and bitter against each other , as now against the parliament . vices are opposite and destructive , not only to vertue , but one to another . me thinks these gentlemen , who pretend to justice , peace , moderation , and something of religion , should think themselves but ill associated , in the midst of such prophane plundering companions , to which they are not so much companions as subjects . sure they cannot be well at ease to see the first fruits of this irish cessation presented to their union , but how then can they endure ▪ when his majesties reregard of his romane catholique subjects , shall be brought over with their hands full of the b●…ood of more then 100000 , offencelesse protestants , whom they have cruelly massacred ? sure the apprehensions of this cannot but shake their prerogative faith , and make them appreh●…nd them●…elves in more danger from their confederates , then t●…eir supposed 〈◊〉 . i●… this labour to them be lost , i am sorry , but g●…ad it was ●…o more . 〈◊〉 me ●…peak to them who are counsellable that is , ●…hose who in the trut●… a●…d uprightnes●…e o●… their hearts have ●…ntred into this 〈◊〉 and 〈◊〉 engaged 〈◊〉 to the pres●…rvation o●… 〈◊〉 〈◊〉 ●…nd libe●…ty ; such must labour ●…or sted●… in 〈◊〉 〈◊〉 ▪ lest out medicin●… prove our poyson . let none of us go about to deceive our selves with unprofitable treaties , or hopes of a yet impossible accommodation , but cheerfully and faithfully accomplish a speedie and firm union with the councels and strength of scotland ( which will encourage not onely religious but wise men to joyn with us ) it being beyond a reasonable expectation that by our own strength or wisdom we should extricate our selves from this growing calamity in which we are daily more and more involved . it now becomes every man to wind up his thoughts to a christian resolution befitting the present necessities and condition of the church of god , and walk worthy of it , and let the lord do what seemeth good unto him . i might now make my self a great deal of more work , and create some trouble to my reader , if i should after this satisfaction i have given to my own heart and the friends of this cause of religion , go about to satisfie the world , and answer their severall quarrels with this undertaking , but i will be more mercifull to the reader , and more just to my self then to accuse my self by excuses . onely i will give you a taste of that which i am like to have plenty . the first question will be who is this ? i answer , it matters not who , but what . the next is a position , sure he was a mad-man thus to provoke maiesty it self , did he ever learn that verse in homer . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . yes but he hath , and that in iob too . in such a cause as this , let me not i pray you accept any mans person , neither let me give flattering titles unto man . i hope to see the day when i shall be accounted a better subject to the king then he that accuses me . in the meane time i am satisfied with being a good subject to the kingdom , & no traitor to the church . if i have incurred any danger , it is to shew thee thine , if a good protestant . but there need not have been so much bitternesse used which often disadvantages a good cause ? it is the language of the times , and not mine . a filthy ulcer must have a sharpe lance ; the massacre of ireland is a bitter cup . quis temperet invectivis ? here are many things produced in this treatise that are but slender proofs ? then take them altogether . altogether are but a rap●…idy scraped up out of the parliament declarations , and such scandalous pamphlets , as plain english , and the english pope ? truth is a common inheritance , and now so scarse that i was glad to take it where i could find it . tush i can tell mrre of these affairs then this discoverer ? then tell them , or tell me , and i will . but mercurius aulicus will be sure to meet with you ? this is no time to be afraid of court bull beggers , but if he meet with me he must go out of his way : i tell truth , he tels lies . but i have now done ; and it may be done that which hath provoked almost every body , but my own conscience , which witnesses with me that i have not written any willing or negligent falshood , nor ( to my best understanding ) any unseasonable or unnecessary truth . there is no man but will stand in need of some charity , i shall find it from them that have it ; from those that have it not , i will not expect it . there are other mysteries in this world of iniquitie , carried on by them who under the pretence of service do the greatest dis-service and dishonour to the cause of religion and liberty , which must either be amended or not concealed : let other men do their share , as i have done mine , and the world will certainly be either honester or wiser . this discourse cannot be better concluded then with that which is the earnest and constant request of the author to the lord god of hosts , the god of israel , that seeing wisdom and might are his , he would vouchsafe wisdom to the councellors , courage and constancy to the souldiers , willingnesse to the people , and faithfulnes to all those that have or shall engage themselves in this great cause so infinitely valuable beyond the estates and lives of all that undertake it . to him be glory , and peace upon israel . finis . imprimatur hic liber decemb. 12. 164●… . iohn vvhite . notes, typically marginal, from the original text notes for div a28915e-160 o ▪ du●…um ▪ a pu●…itan in another copy . * this discovery was p●…nned upon the sight of the na●…ed cessation , as it came from ●…reland before the short cove●…ing of the grounds and motives , &c. which are not so considerable ●…s to occasion ●…ny alteration unlesse of the ●…ord pretended . the snare is broken wherein is proved by scripture, law and reason, that the nationall covenant and oath was unlawfully given and taken ... : here also is vindicated the parliaments later proceedings, shewing the grounds and principles of the london ministers to be weak and unsound ... : moreover something is said against violence in religion, and the duty of the civill magistrate about worship and church-government / by john canne. canne, john, d. 1667? this text is an enriched version of the tcp digital transcription a33241 of text r20321 in the english short title catalog (wing c442b). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 145 kb of xml-encoded text transcribed from 27 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a33241 wing c442b estc r20321 12044346 ocm 12044346 53074 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a33241) transcribed from: (early english books online ; image set 53074) images scanned from microfilm: (early english books, 1641-1700 ; 86:2) the snare is broken wherein is proved by scripture, law and reason, that the nationall covenant and oath was unlawfully given and taken ... : here also is vindicated the parliaments later proceedings, shewing the grounds and principles of the london ministers to be weak and unsound ... : moreover something is said against violence in religion, and the duty of the civill magistrate about worship and church-government / by john canne. canne, john, d. 1667? [4], 48 p. printed for m. simmons ..., london : 1649. "published by authority" reproduction of original in thomason collection, british library. marginal notes. eng solemn league and covenant (1643) a33241 r20321 (wing c442b). civilwar no the snare is broken. wherein is proved by scripture, law and reason, that the nationall covenant and oath was unlawfully given and taken: an canne, john 1649 24813 165 0 0 0 0 0 66 d the rate of 66 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2006-06 tcp assigned for keying and markup 2006-07 apex covantage keyed and coded from proquest page images 2006-08 judith siefring sampled and proofread 2006-08 judith siefring text and markup reviewed and edited 2006-09 pfs batch review (qc) and xml conversion the snare is broken . wherein is proved by scripture , law and reason , that the nationall covenant and oath was unlawfully given and taken : and whatsoever may be probably pretended or objected for it , is fully answered , and refuted . here also is vindicated the parliaments later proceedings : shewing the grounds and principles of the london ministers to be weak and unsound , and so their accusations and charges against the state , false and scandalous . moreover something is said against violence in religion , and the duty of the civill magistrate about worship and church-government . by john canne . 1 sam. 15. 22 , 23. hath the lord as great delight in burnt-offerings and sacrifices , as in obeying the voice of the lord ? behold , to obey is better then sacrifice : and to hearken , then the fat of rammes . for rebellion is as the sin of witchcraft , and stubbornnesse is as iniquitie and idolatry . published by authority . london , printed for m. simmons in aldersgate street . 1649. to the right honourable the commons of england assembled in parliament . sirs , as ave observed the severall actings of some men against you : so i have endeavoured to find out the rise and ground of their evil working to blast and dis●oner your lawfull and good proceedings . with one particular i have here dealt , and done you and the nation ( i hope ) some good service in it : and ( by the good band of god assisting me ) the rest shall speedily follow . for it would be a great shame and dishonour to the well affected partie , if they should not manifest as much zeal to god , thankfulnesse and love towards you , by letting the people see the justnesse of your administrations : as ill men , and disaffected , are studious and diligent to make you and your well-deserving services odious and distastfull to the nation . the truth is , the desire of the upright and meek ones every where , and their fervent prayer daily poured forth to god , is , that seeing many do watch for your halting , the lord in mercy will be pleased , so to direct , guide and counsell you , as you may cut off occasion from them that desire occasion , and all iniquitie may stop her mouth . for the nationall covenant which is the subject of this discourse : i have onely one request to move unto you about it . how you are traduced and vilely abused by some mens loose tongues and pens , for not advancing it more , and more pressing the keeping , in their sense , i need not speak of it , you know it too well : and therefore i humbly conceive seeing it is here manifestly proved , that the oath was unlawfully given and taken , and so not binding the conscience , neither to be kept , there is great cause and reason that the whole kingdom from your house should publickly understand so much : for so doing , god shall have much glory by mens repenting of it , you cleared from many foul aspersions , many treacherous and dangerous designes prevented , and such ● have not taken it , preserved from the snare thereof . you know well enough , and are very sensible , what a stir is kept , what a controversie and adoe there is made , between partie and partie , kingdom and kingdom about this nothing , every side justifies it self , and chargeth the other with a breach : and without doubt the contention about this covenant will continue , yea i fear rise higher , and break out into a greater flame , if the right way be not wisely taken : for so long as the lawfulnesse of the oath is not questioned , but rather a pleading for the keeping of it , the differences can never be reconciled or taken up : but if the other way ( which is gods way and so to follow him ) be practised , there is reason to hope that a blessing and much good will speedily follow . i am the more encouraged to speak thus unto you , because among other abuses reformed , you have a lately ( and very well ) done some thing this way ; but under favour this oath being national● and more preju●●ciall , it should therefore be rather minded , and something the more done in it , to remove so great an evill and crying sin from and off the land . you have formerly declared and still do , that your house and heart shall be ever open to receive and hear p●●itious : gentlemen 〈◊〉 addresse here to you is for god , for christ , for so●●s : and ●sy● hear me ▪ 〈◊〉 f●●fil my joy . it is said of one terenti●● a great commander under va●e●s a● arrian emperour , being returned from armenia with a mighty victory , b emperour bid him ask what he would for a reward of his service : whereupon he desired , that the orthodox christians might have a publick place in the city of antioch to meet in , for the worship and service of god : the emperor displeased hereat rent the petition , and cast it to the ground , wishing him to ask some other thing . terentius first gathered up the pieces , then afterwards replyed : i would ( saith he ) have accepted this as a full reward , but being denyed i shall defire no other thing . i have no fear nor cause to fear , that this petition of mine shall be denyed : but if it should , and lye torn and seattered in your house , and i were bid to ask some thing for my self , i would even take up the pieces & be silent : & not speak there for my self , where i could not be heard for my god . but how soever it be , this shall be my comfort , i have herein discharged my duty , and quitted my self from the guilt of blood . neither let the weaknesse , meannesse , unworth●nesse , or what else may be applyed to your petitioner be any cause that you should the lesse respect the matter which is not his but christs . great wise men in times past have not disdained to follow the advice of simple men . it is reported of zenophon , that be c gave order to his attendants to awake him if he were asleep , whensoever any one brought him news : and he would never refuse to hear the counsell of any private souldier . and of marius it is said , d that taking the advise of a common souldier , he won a strong castle in numidia . whereas on the contrary , charles the last duke of burgundie frefusing to hear a prisoner , and doing all things upon his own head , without admitting any relation or counsel of others , fell into the traps of campo●achos treason , was defeated by the switzers , and by them miserably slain at nancy . for conclusion , were i not confident and most certain of the truth by me here asserted , i should not du●st have moved this matter to you with so much boldnesse : and for the proof i refer you to the arguments and reasons in the treatise : and so i rest , and am yours , to serve you in and for the truth : john canne . bowe , april 21. 1649. the snare is broken . wherein is proved , that the covenant-oath was unlawfully imposed and taken , and not to be kept , as binding the conscience . it is a saying of a solomon , there is way which seemeth right unto a man ; but the end thereof are the wayes of death . that the covenant given and taken through the two kingdoms , hath seemed unto many a way right , lawfull , religious , 't is granted on all sides : the thing therefore which i have undertaken ( and by the good hand of god assisting me ) shall fully and clearly prove , is , that the same , is the way of death : a covenant contrary to religion , law and reason . and first to begin with the generall definition of an oath , which according to b divines , is a religious and necessary attestation of gods holy name , whereby we invocate him as a witnesse to confirm the truth of our speech , and as a judge if we speak falsly . and c aristotle , and d cicero speak to the same effect , de●●ning an oath , to be a religious attestation , taking god to witnesse . it is said to be a religious attestation , because an oath is e part of gods worship : that the covenant-oath was not so , is apparent . for , 1. it is an enemie to gods worship and true religion ; under the name of heresie and schisme , a meer designe to stop the passage of many precious truths , and to hindr the saints from church-fellowship , and walking in the faith and order of the gospel . 2. it cannot be religious , because it contains a contradiction , and so enforceth the taker , necessarily to be ● covenant-breaker one way or other . in the third article he swears to preserve the kings majesties person and authority , &c. here ( as it is generally interpreted ) the convenanter promiseth not to touch the person of the king , as to have him corporally punished , should he be the greatest tyrant , traitor , murderer upon the face of the earth . yet a little after he swears he will endeavour that all such as shall be incendiaries , malignants , and evill instruments , may be brought to publick tryall , and receive condigne punishment , &c. here neither king , queen , prince , &c. are exempted , but whosoever shall shew himself an incendiary to the publick peace , and safetie of the two kingdoms , he will endeavour to have him punished , as the degree of their offence shall offence require or deserve . that rule is well known , f impossibile est due contradictiora vere reddi de eodem . thus he is snared by the transgression of his lips ; and whiles he shuns one rock , he makes shipwrack upon another . 3. it cannot be a religious action to g put a stumbling block before the blinde : and h to cause the righteous to go astray in an evill way . but this covenant doth so , and thus i prove it . 1. when the covenant was commanded to be taken through the kingdom , the people generally held ( and for the most part do still ) that the government by archbishops and bishops was lawfull : and therefore to be required , yea forced to swear with their hands lift up to heaven , that they will endeavour the extirpation of prelacie , howbeit at the same time it was well known , they thought it a lawfull and good government : it was an hard case , and shewed little pitie . the i law saith , pactum si tolletur jus publicum tune non valet , etiam si fuerit juramento confirmatum : a covenant if it take away publick right it cannot stand , yea though it be confirmed with oath . for my part i know not in what particular a free people may more groundedly and properly challenge publick right then in matters of religion : and therefore quo jure , by what power may their representatives require them , and that by oath , to change one form of government for another , untill they be informed touching the lawfulnesse of such a change . 2. no lesse was it a snare to many poore souls , who must swear that they will really and constantly endeavour the preservation of the doctrine ; worship , discipline and government in the church of scotland : but what these things were , poore wretches they knew not : not good they thought , because contrary to their present practice . ea certo oportet esse cognita & perspecta , say the k leiden professors : what men swear to ▪ they must have a certain , full and clear knowledge of : not to l vow , and afterward make inquirie . observe the late m kings speech ( if that book be his ) i am prone ( saith he ) to beleeve and hope , that many who took the covenant are yet firm to this judgement , that such later vows , oaths and leagues can never blot out these former gravings and characters which by just and lawfull oaths were made upon their souls . he takes it as granted , that many when they swore against prelacie , and for presbyterie , it was against their conscience , and so not binding . 3. to what use are these words in the covenant , viz : schisme and heresie ? but another snare to deceive the simple , and suppresse the godly . it was decreed in a certain generall councell held at rome under n innocent the third , in the yeer 1215. that no heretick should be chosen king : confirmed before under o theod sius the younger , valentinian the third , and martian ; and afterward recited by p justinian the first , in the first councell of constantinople inserted in his last code . but mark the mystery of iniquitie , who must define heresie , and judge who is an heretick : this is the popes work alone . we beleeve , saith q gretzer , the judgement of him who succeeds peter in the chair , non secus ac olim petri infallibile , to be no otherwise then the judgement of peter was . who reject the popes judgement in a cause of faith , are hereticks , saith canus . now the like is this covenant for all the world : first an oath must be taken for the extirpation of heresie and schisme , not that it is determined what is heresie or schisme , or that the covenanter shall know before hand what is meant by it : but being blindly brought into the pit , then come our brethren of scotland with a cathedrall infallibilitie in defining causes of faith , and tell him that brownists , anaboptists , independants with others , such and such are intended : and howsoever he be not able to apprehend either herefie or schi●me in them , yet he must judge them hereticks and schismaticks , for that he hath taken the covenant , and our brethren say they are so . we shall in the second place consider the ends of an oath : now men swear unlawfully , when in taking an oath they do not respect , 1. gods glory : 2. their own good : and 3. the good of their neighbours . first for gods glory : it could not by the generality of people in this kingdom possibly be aymed at . 1. because as ſ rivet : truly saith , nemo juramento cogi debet ad aliquid inique perpetrandum . no man ought to be constrained by oath to do any thing unjustly : his reason is , quia obedientia erga divina mandata ( que inter se nunquam pugnant ) omnibus est praeferenda : because obedience to gods commandments ( which never disagree amongst themselves ) is to be preferred before all things . now the law saith , t he that sheddeth mans blood , by man shall his blood be shed . u ye shall take no satisfaction for the life of a murderer , which is guilty of death : but he shall surely be put to death . x thine eye shall not pitie him , &c. to covenant therefore to preserve the kings person , that is , to swear he should not be put to death , though a murderer , &c. it was an oath against a divine precept , and so not binding , neither was there a due respect had unto gods glory . 2. y whatsoever is not of faith is fin , and consequently tends not to gods glory . but those who swore to things either doubtingly , or ignorantly , or forced through fear to escape bodily punishment , or to enjoy their calling , estates , credit , places , &c. could not swear in faith ; but this was the condition of the people every where , and cannot be denyed . as one a saith , verior ●e statim is perjurus efficiatur , qui monachum profiteiur . so there was cause enough to beleeve , that when this nation swore against the government by archbishops and bishops , they forswore themselves , i mean the greatest number both priests and people , as doing a thing against their conscience , and never meant to keep the oath if they could otherwise choose . and to make this good , mark a passage in mr. b hendersons sermon before the house of commons . it feareth me ( saith he ) that a great part of the people of this land are still fond of a form all service , and a proud prelacie . 3. men have respect then unto gods glory , when they do lawfull and just actions : and can shew gospel precepts and presidents for the justification thereof : for as c hospinian rightly saith , non statim omnia quae pio animo & bono zelo instituuntur , & absque omni inquisitione recipienda sunt . we may not presently receive all things which are instituted with a godly minde and good zeal , without any examination . so we should be like little children , put everie thing to the mouth which is given into the hand . what the composers and imposers of the covenant at first intended , i shall not here touch upon , but this i affirm , and will stand to it , the same had never any scripture bottome : policie perhaps it had : but pietie not : and for the covenant and oath which some fetch from asa , josiah , nehemiah , &c. it holds not forth any thing either for matter or manner to prove the lawfulnesse of this covenant . similibus similia convenire consentaneum est , saith the logician . but except it be in name , as that is called a covenant , and so this , there is no proportion or likenesse between them , as relating either to persons or things . 2. it is against the true end of a lawfull oath , when a man respects not his own good , specially not the good of his soul : but what good could any man imagine he did to his soul , whilest he was swearing to the particulars in that covenant . for instance : 1. touching the scots church discipline , when the swearer knew not what it was ; or if he did , yet thought it not to be lawfull : or if lawfull , yet saw no reason or just cause for him to swear to endeavour the preservation of it , was such a course profitable for his soul ? 2. when any worship or form of church government is setled in a land by authoritie , and the people by oath have received it , howsoever i grant the state may remove the same : neverthelesse to require an oath of the people for to reject it , untill they themselves do see the thing unlawfull , and are willing to take it , there is no warrant in scripture for it . d beza confesseth ( although no friend to liberty of conscience , yet ) that god never gave power to man for imposing laws upon the conscience , nor can endure that any besides himself should bear sway or dominion over the minds of men . now if this be not to impose laws upon the conscience , and to bear a lordly sway over the minde , viz : to compell men to swear against prelaeie , to which they had before many times sworn , yea , and that before they saw the thing unlawfull , or could do it of conscience , then was there never an humane law imposed upon the conscience . 3. when the ministers of aphrick were tendered an oath , e nunquid bruta irrationalia ( said they ) nos putatis ut juremus nescientes quid charta c●ntineat ? do ye think us such sencelesse beasts , as that we will swear not knowing what the writing doth contain ? if men had duly regarded their souls good , they would have refused the taking of the covenant with the like answer , and upon the same ground , that is , have known first what the heresie was and schisme , that should be extirpated , before they would swear to any acting against the same . quod juste fit , scienter fit : quod vero injuste ignoranter , saith f aristotle : that is justly done which is done knowingly : but what ignorantly , that is done unjustly . and to say the truth , i hardly know the thing wherein the people of england , specially this present generation , have shewed themselves more irrationall and stupid then in this particular , for they have taken even the oath ex officio , sworn to do that thing which they know not to this day what it is , nor how , or which way to act in reference to the oath which they have taken . 3. it is against the end of a lawfull oath , when men respect not the good of their neighbours . g rivetus saith , non est servandum juramentum cujus executio cum salute publica , cum honestate , & bonis moribus pugnaret . that oath is not to be kept , the execution whereof fights with publick safetie , honestie and good manners . and a little after , si quis ergo errore deceptus , vel affectibus abreptus , aut metu victus , jurando pr mittit se aliquid facturum , quod vel in haec tria , vel in unum ex tribus impingat ; jurando quidem peccat , sed si juramentum servaverit , peccatum peccato addit . if any one therefore deceived through error , or led aside through affection , or overcome through fear , promiseth by oath , that he will do something which is against these three , or any one of the three , he offends indeed by swearing ; but if he keeps the oath , he adds sin to sin . this covenant must needs be against publick safetie , because it occasioned a generall commotion , and set the people of the land causlesly to destroy one another . the presbyterian partie think themselves bound to engage against the church and people of god , and to seek their utter ruin , under the name of schisme and heresie : the independents taking the way of the other to be superstitious , conceive they have as much reason by the covenant to oppose them : and the cavileers , swearing to preserve and defend the kings majesties person : conclude they may lawfully destroy them both . i mention not here our brethren of scotland , who challenge by the covenant a power to settle our church and state , and to spoil us in our persons , estates , consciences , if we refuse to conform to their rules and orders : thus is the covenant become an achan , a troubler , a fire-brand in the nation , and serves for no other use , but to make division , keep open the breach of differences , and to strengthen the opposing parties one against another , till in the end they are quite undone on all sides . the h law saith , contractus vel pacta contra legem prohibiti , nam sunt ipso jure nulla . contracts or covenants against a prohibited law are void by right . it is against the law of god , nature and nations for any people to enter into a solemn league and covenant to destroy their own safetie . but the wit of an enemie could not have devised a thing more pernitious and destructive to our pub●ick peace and safetie then the covenant : for it is not possible that ever this common-wealth shall be setled according to what the parliament hath lately declared , and the covenant duely observed ; so incompatible is the one with the other . 2. there is in the covenant as little honestie : the late k king spake true enough ; i see the imposers of it are content to make their covenant like manna ( not that it came from heaven as this did ) agreeable to every mans pallate and rellish , who will may swallow it : they admit any mens senses of it , though divers or contrary with any salvoes , cautions , reservations , &c. and as it admits of equivacotion and mentall reservation , so corrupt men and hypocrites have libertie enough there granted , to carrie forth their designes and private interests , in deceiving and wronging others . l the temple of the lord , the temple of the lord , was the cry of the hypocriticall jews in the prophets time . and when hambleton brought the scots into this kingdom , to steal , murder , and commit adulterie , did they not then trust in lying words , saying , the covenant , the covenant ? m venena non dantur , nisi melle circunlita , & vitia non decipiunt , nisi sub speeie , umbraque virtutum : poyson is not given but mixed with honey ; and vices deceive not but under a shew and pretence of vertue . the covenant indeed is a prettie cloak to cover any knaverie , villanie , treacherie ; and if our brethren shall once more attempt to oppresse the stranger , the fatherlesse , and the widow , and shed innocent blood in this land : i make no question but they will pretend to do all this by vertue of the covenant : who is ignorant of rebellion and treason frequently taught in city and countrey , and the people provoked to a new war , authoritie despised , magistracie contemned , lawfull and just commands of superiors rejected , and no other texts for all this but the covenant . n cicero saith , nihil honestum esse potest , quod justitia vacet . if it be according to justice , that men shall shed innocent blood , rob their neighbours , and for subjects to despise dominion , and speak evill of dignities , make insurrections and mutinies in the common-wealth , presse the magistrates to persecute the saints , and suppresse the truth , then hath the covenant honestie in it , otherwise it is a most dishonest thing , if it be understood as the presbyterian scots and english give their sense and interpretation of it . from the definition of an oath and ends , we come next to the properties , which are three , layd down by the prophet : thou shalt swear , the lord liveth in truth , in judgement , and in righteousnesse . first in truth , which is , that the speech agree with the thing , and the minde with the speech : so that we swear unlawfully when we swear a thing that is false or falsly : a thing false when we swear an untruth , the speech disagreeing with the thing : falsly when as we swear the truth but deceitfully , when we purpose to deceive , the heart and tongue not agreeing together . 1. it was a false thing , when the covenanter swore to endeavour the extirpation of schisme and heresie , for howsoever not expressed so in words , yet this he vowed to do , that he would persecute the godly , and not suffer them peaceably to worship the lord . p pareus commenting on these words , they will scourge you in their synagogues , saith , damnati non argumentis , aut scripturis refut abuntur : sed flagris coercebuntur : they are condemned not with arguments , or confuted by scriptures , but forced by whips . and quoting some examples for it , concludes , plurima deinceps suppeditavit histori● ecclesiastica , & hodie inquisitio hispanica , ubi similibus argumentis doctrina christi refutatur . the ecclesiasticall history shews many the like instances , and so the spanish inquisition at this day , where the doctrine of christ is confuted with such kinde of arguments : and in truth this covenant may be added to the number : for there is not one word in it , of confuting heresie and schisme by scripture , the covenant binds no man to do this : extirpation , that is , fining , silencing , imprisoning , banishing , and murthering the saints , and that for the gospels sake . but 2. be it granted the covenanter is no way mistaken about heresie and schisme , the question then is by what gospel precept or example he is obliged to swear , that he will pluck up these tares , and not suffer them to grow in the world untill the harvest ? where hath christ or his apostles taught him , to judge them that are without ? the italians have a proverb , that whosoever runs beyond his commission , must run the hazard of it upon his own account . calvin howsoever he wrote a whole tract about punishing of hereticks : yet he could not choose but acknowledge so much truth in a few lines , as confutes the whole treatise : for q having shewed how the holy bishops of ancient time , did not exercise any authoritie , in fining , imprisoning , and civill punishment , gives his own opinion thus , that as the church hath no power of forcing of her own , neque expetere debeat , de civili coercitione loquor . neither may she require it , i speak of the civill magistrate to imploy his authority in a civill way . and this r was bernards opinion before him , fides suadenda est , non imperanda : faith is to be perswaded , not forced . so ſ augustine , docendo magis quam jubendo , monendo quam minando : rather by teaching then commanding , by admonishing then threatning . amminiamus writes of valentinian thus : hoc moderamine prin●ipatus sui inclaruisse , quod inter religionum diversitates medius steterit , nec quemquam inquietaverit , neque ut hoe ant illud coleretur imperaverit , nec interdictis minacibus subject●rum cervicem ad id , quod ipse , inclinaverit . with this moderation his principalitie shined , that amongst diversities of religion he stood in a mean , troubled no man , nor commanded either this or that should be worshipped , nor by threatning edicts forced his subjects to bow their necks to do what he himself did . what maximilian would usually say , it is well known , nullum enormius peccatum dare posse , quam in conscienti●s exercere velle . qui enim conscientiis imperare volunt , eos areem coeli invadere & pleramque terrae possessionem perdere . and much like this , was his answer to the king of france returning out of polonia , and threatning the extirpation of heresie and schisme , ( meaning the huguonots : ) those ( u saith he ) who seek to rule over mens consciences , supposing to win heaven , do ●ft ▪ times loose their possession on earth . the truth is , violence in religion , and through compulsion and fear to drive men to act things involuntarily and against their conscience , is so unnaturall , absurd , unreasonable , as the very heathen saw it to be unlawful . y errantem per agros ignorantia viae , melius est ad rectum iter admonere quam expellere : saith seneca . a man going astray through ignorance of his way , it is better by advise to lead him into his way , then to drive him thither by force . a again , ingenianostra , ut nobiles & generosi equi , melius facili fraeno reguntur . our wits are as noble and generous horses , best ordered by an easie bridle . so b another , purpuraetuae cultores aliquos efficies , non dei : thou mayest cause them to be worshippers of thy purple robe , not of god . mr. c john owen in a book lately come forth , saith , cain seems to me , to have layed the foundation of that cruelty , which was afterward inserted into the churches orthodoxies , by name of hereticidium , we finde the foure famous empires of the world to have drunk in this perswasion to the utmost , of suppressing all by force and violence that consented not to them in their way of worship . and this he proves afterward in that learned discourse . 3. the hearts and tongues of many agreed not together , neither could it possibly be in most things , seeing the things to which they swore , were contrary to the minde and liking of the people every where . juravi lingua , mentem injuratam gero . i have sworn against the calling of archbishops and bishops ( might one say ) but in my heart i beleeve their standing is lawfull and good . i have vowed and covenanted ( might another say ) to discover malignants , &c. but in my heart i never purposed so to do . the like in relation to scotland , could it sensibly be thought when this nation took the covenant , they regarded that kirk , or really meant ( as they swore ) to endeavour the preservation of the discipline and worship of that church ? many ●●●styeelded unto it ( saith the late d king ) more to prevent that eminent violence and ruine which hung over their heads in case they wholly refused it , then for any value of it , or devotion to it . he speaks doubtlesse the truth , it was taken to shun the odious name of being reputed otherwise malignants , enemies to the great work of reformation , or to escape some outward danger , not religiously and in the fear of god , for the oath abounds with such ambiguous expressions , impossibilities , contradictions , and things so contrarie to the opinion of men in all places , that conscientiously in some particulars it could not be admitted by any person whatsoever . and therefore no marvell , that dr. burgesse howsoever the first man who e openly desired and urged a covenant to be entred into , yet when he saw this covenant was the first ( as i have heard ) that opposed it in the assemblie , and for refusall , he and mr. price were both suspended ; besides many godly men , perceiving what a snare it was , withdrew and obscured themselves for a time : it was so bestuft with selfish interest , so disagreeing for matter with those covenants which we read of in scripture , and to those qualifications which according to gods word ought to be in every oath , that i have stood in admiration , it hath not been more opposed by judicious and pious men . the second propertie of a lawfull oath , is to swear in judgement , that is , confiderately , as knowing the thing to be true , and most certain : for though it may be true , yet if uncertain to the swearer , he takes an unlawfull oath . non temere prosiliendum esse : sed etiam atque etiam cogitandum , quid sit jurandum : item an res ita habeant , quemadmodum dicturi sumus . not rashly ( saith f lavaret ) but it must be considered again and again , what the oath is , and whether the things are so as we say . so g polanus , juramentum licitum est , de rebus veris , certo cognit● ▪ the romanes had an use , that he which would swear by hercules , should go forth of the doores , that he might be well advised , and take some pause before he swear . for they held that hercules did swear but once in all his life , and that was to the son of king augeus . this deliberation in their idolatrous oaths ( saith h willet ) should admonish christians to be well advised in swearing by the name of god . and now for application , here is more cause of mourning for a sinfull covenant , then proving the unlawfulnesse of it in this particular . 1. it doth not appear , that the imposers of it were so religiously affected , as to have the oath advisedly and understandingly taken : for surely if they had , it would not have been so ambiguously , darkly , wrappingly given forth , neither prest so hastily , but every man allowed time and means sufficient , for a clear and full satisfaction in every point . the i law saith , turpe est sine lege loqui . k likewise , factum a judice quod officium ejus non pertinet , ratum non est . now i demand whether it can stand with the law of god , with pure reason , with the libertie of a free people , adde that libertie which christ hath purchased for us with his own blood , that the civil magistrate may require an oath of any man in a matter which he understands not , neither can speak certainly to it ; and in case he refuse ( not of wilfulnesse , but of conscience ) whether such a one may suffer in person or estate . for , 2. were i a papist , and did beleeve the doctrine of blinde obedience and the coliars faith , and could approve l hosius , saying , ignorance in most things is best of all : to know nothing is to know all things . and what m cus●n saith , obedientia irratisnali● , est consummata & perfectissima , seilicet quando obeditur , fine inquis●tione rationis : sicut jumentum obedit domino suo : and could receive n bellarmines tenet , who will have faith to consist in the assent , not in knowledge ; and that the pope in things belonging to faith , o nullo casu errare potest : he can by no possible means erre . when he sets forth a decree , divinitus illi praeclusa est omni● via : saith p bozius . god stoppeth every way unto him which might bring him into errour . and in making such decree , q nunquam valuit aut va●ebit facere contra fidem ; he never was , he never shall be able to do ought against faith . i say let this be granted , the popes canons and institutions may tolerably be subscribed to : but seeing protestant divines are of a contrarie judgement , and hold that assemblies , synods , councels , may erre ▪ and are not infallible in points of faith , yet notwithstanding will require men to swear to articles of their own framing , and not satisfied touching the lawfulnesse of them , 't is too absurd , and the papists herein are truer to their principles then they : a blind papist , i confesse , walks by some rule , when not knowing the thing to be lawfull , yet receives it , in regard he beleeves the church cannot erre . but what hath a poore blinde protestant to help himself in point of conscience , when he shall be compelled to swear to such things as he knows not what they are , whether good , bad , and is taught that the framers and imposers for ought he knows , may erre , and be deceived therein . 3. that the covenanters knew not the things to be true and most certain to which they swore , and therefore took an unlawfull oath , 't is as clear as the suns that shines , for many particulars in the covenant are still ridles and dark sentences , and it is not yet known whereto they have relation . i remember what r augustine writes of purgatory , forsitan verum est : non est 〈◊〉 ●n sit quaeri potest . perhaps it is so , it is not altogether incredible : it may be a question whether there be any such place or no . the like might most covenanters have said , forsitan verum est , perhaps it is true what i now swear ; but it is a question : the scots discipline and church gouernment for ought i know may be antichristian and false , and the bishops calling , christian and lawfull . so for heresie and schisme , can any man to this day tell what is intented thereby . i do not regard what mr. taylor or mr. jenkins say of it , for as s one speaks very well : a private interpretation of a publick act cangivs no satisfaction , unlesse it be expresly or ver●ually allowed by the highest authority , that doth impose it , and then it is made publick . private men though learned , if they take upon them the interpretation of publick dictates , may be more like to light on mutuall contradictions , then of the true and proper construction of the text they interpret . so did vega and s●to , soto and catherinus ▪ &c. commenting on the councell of trent . i do not know that the high court of parliament hath anywhere declared what they mean by heresi● and schisme , and therefore for private men to determine of it , i take it to be beyond their calling . and for the fourth article in the covenant , namely , who is to be reputed a malignant , and what makes a man to be so , and how far the covenanter is bound by oath in point of discoverie , &c. here needs another oedipus to unfold the mysterie . t dr. willet shewing for what things an oath is not to be taken , the second is , of things doubtfull and uncertain : for it were presumption to call god to be witnesse , of that which he is uncertain , whether it be true or not . the third property or qualification of a lawfull oath , is , rightcous●esse , that it be a just and lawfull thing which he swear●th . juramentum non sit vinculum iniquitati● : an oath ought not to be the bond of iniquitie : and therefore an oath is unlawfull when as thereby we promise any thing that is unjust , or unhonest , wheth●r it appear unto us presently when we make the oath , or afterward finding i●pietie and injustice in it , which we did not discover at the making of it : then such an oath is rather to be broken then observed , for we sin not in breaking , but in making of it ; whereas he that performs such an oath , addeth sin unto sin : that is to say , rashnesse in swearing , wickednesse in performing , according to that saying , quod male juratur , pejus servatur . juravit david temere ▪ sed non implevit jurationem majore pietate , saith u augustine : david sware rashly , but kept not his oath with greater pietie . howsoever the covenant was at first ( as we have before shewed ) by many judicious and godly people refused , and the impiety and injustice in it observed and protested against : neverthelesse the unlawfulnes of it hath since more clearly and abundantly appeared ; per sequentia praecedentia declarentur , as lawyers say . to shew the impietie and injustice of the covenant , take these few instances . 1. a man swearing not to do his office and duty , non t●●tum , non obligat : ( saith x amesim ) sed si observetur , auget reatum . not onely binds not , but if he keep it , he increaseth his sin . when the covenanter swares to preserve and defend the kings majesties person , he being then a tyrant and traytor , and having before shed much innocent blood , was not this an oath taken ( at such a time ) against his office and dutie ? let the action since , and swearing then , be compared together . 2. the jumbling of this nation and the scots together in the covenant , the taking of them in to settle religion here , and to endeavour the extirpation of prelacie , popery , schisme and heresie amongst us , it was ( under favour ) a practice ( i think ) never before heard of hence that army under hamilton pretended cause and ground to conquer us : and to this day our dear brethren talk of coming in again to suppresse the sectaries ; thus the covenant is become a snare to the nation , and of a free state and people , would make us subjects and vassals to another kingdom . the y law saith , contractus vel pacta contra legem pr●●●biti , nam sunt jure nulla . a again , conditio ●●rpi●●el impossibilis vitiat actum . likewise contractus vel donatio legata non valent in fraudem legis . if our brethren of scotland think the covenant sets them into the chair , to determine of our affairs here in matters of religion , and to suppresse all such as they call sectaries : we must tell them such a covenant is most unrighteous , against religion , reason , law , and conscience . b calvin saith , absurdum est ad ea praestandum nos adigi , quae à nobis minime deus requirit . it is an absurditie that we should be driven to the keeping of those things which god doth not require of us . again , vota inc●nsiderate suscepta , non modo nihil obligant sed necessario sunt rescindenda . vows unadvisedly made are such as not onely do not binde , but are necessarily to be broken . but where doth god require a free state to give up their authoritie and power into the hands of strangers : and if forreiners shall judge them to be sectaries , whom the state knows to be godly and sound christians , where is that law to binde up the hands of our parliament and army , whilest these of another countrey shall cut the throats of honest men . you will say the covenant will justifie all this : then i say , the covenant is a pernitious and wicked thing . 3. some say , c by this covenant-oath all independents ought to be expelled from the house of parliament , yea not to sit in any court of judicatorie , to bear votes , and determine the weightie causes of religion and church reformation , but as offensive rubs and remoras to be removed ; and onely sound presbyters , lords and commons to rule . a prettie oath , to swear men out of their rights , priviledges , liberties , and to make them uncapable of all place and trust in the common-wealth , because they are honest . how doth such an oath agree with the holy d scripture ? this is the will of god , that no man go beyond and defraud his brother in any matter : but this ( if it be so as it is before said ) contains the highest and vilest deceit that can be : e heathens have taught otherwise and better . reddite depositum , pietas sua foedera servet , fraus absit , vacuus coedis babete manus . restore the pledge , pietie her leagues keeps still , let fraud depart , beware ye do not kill . 4. it is an untigbte●us oath for magistrates ( deceitfully drawn in ) to promise by oath ( to accommodate blood-thirstie men ) to hinder gods people from submitting to the sweet and easie yoke of christ , to suppresse the order and way of the gospel , and to stop the propagation of the truth , but so much and more too , is gathered from the covenant , and nothing now more frequently complained of , then that the parliament-men to be covenant-breakers , because they suffer such things to be practised amongst the saints . mr. f owen well observes , if they close with them ( saith he ) they are custodes u●tiusquae tabulae , the churches nursing fathers , &c. what they please . but if they draw back for want of light or truth to serve them , logs and storkes finde not worse entertainment from frogs , then they from some of them . g aquinas speaking of an oath , saith , sivero boni impoditivum : tuno juramento deest justitia , & non ost servandum . if this covenant comprehends such things , as some say it doth , yea and publickly avouch to be the main and principall of it , surely it wants justice , unlesse it be justice to oppose the chiefest good , even christ in his church , ministery , worship , government , and to countenance preposterous , rash , and headie men in violence and persecution . next let us consider the use of an oath , which is , vt lites & controversiae f●niantur , saith h pareus : that debates and controversies may cease : so the i apostle , an oath is an end of all strife . the taking of an oath ( saith mr. k elton ) serves to further brotherly love , and to confirm lawfull peace and society between party and party , countrey and countrey , kingdom and kingdom and a little before , that controversies which hinder love and christian charity may be ended . so l bakewell word for word . i marvell how any man could imagine , that this oath was for peace , or that the present differences and strife between partie and partie ; could be ended by it , but rather necessarily continued and increased . i have read some where , about heraclea in pontus , there should grow a tree over the tomb of amycus king of the bebrycians , the natives call'd it the raging or mad lawrel , and for this cause , for if a branch or twig thereof ( never so little ) should be cast into a ship , all the mariners and passengers would brawl and quarrell each with other , neither would there be any quietnesse and peace in the vessell till that mad wood was thrown over-board . whether this covenant be not like that raging and mad tree , let the reader judge , having duly weighed these particulars . 1. it is an apostolicall precept , that m whereto we have already attained we should walk by the same rule : and the n strong to bear with the weak ; and nothing better beseeming saints , then a due regard had unto tender consciences . but there is nothing in the covenant that looks this way : the difference between partie and partie ( though brethren in the faith ) is referred there to the sword , and no reconciliation , but the extirpation of one , or both . 2. as the oath comprehendeth many things of severall kinds , ( and divers of them unknown what they are ) which makes it both o superfluous and perillous : so it hath this for an accommodation to the taker , that he is left to take it in his own sense , and having so taken it , now he must fight : but against whom ? against every one contrary to his judgement and practice . and howsoever the presbyterians challenge a proper interest in the oath , as if the same stood for them , and their designe and cause alone : neverthelesse the truth is , others may claim as much as they , and though they make not the like noise , crying , the covenant , the covenant , yet from the covenant have as much to say for themselves and against them : and why the magistrate should tolerate and countenance their church , ministerie , worship , and government , i say from the oath may as fairly claim the approbation of the state , and the extirpation of them , as they can clearly gather any thing out of it against the other . 3. it cannot with truth be denyed , but this covenant hath been a principall cause to hinder union and peace between the congregationall and presbyterian churches : and if a full reconciliation touching their differences could not have been made , yet such an accommodation and pacification easily setled , as both parties might have well satisfied , and brotherly love continued between them : but by this means they have been the more divided , and contention increased on both sides . adde hereunto in the last place , the many rebellions and treacherous designes carried forth from time to time under the covenant : as the rising in surrey , kent , essex , wales : and no marvell , for the oath having in it , so many things , and so ambiguous , doubtfull , uncertain , contradictorie , &c. it must needs own almost any thing , specially ●eeing the sense of it , hath never been plainly demonstrated , but left to mens own interpretation in severall particulars . the divines of aberdene said well , p that the words of an oath should be clear and plain , and if they be any way ambiguous , the true sense of them should be so declared and manifested , that all may know it . but this oath was so obscure and dark , as it gave men occasion to take it in severall and different senses , and hereupon strengthened themselves in opposing and striving one against another . object : if it be said , that in those dayes there was such division and distraction among us , that there was need to fasten us together by such a sacred bond as that of the solemn league and covenant . to this i answer , or rather will here set down mr. ley his words for answer : q that neither the want of such an oath was the cause of the distempers of the times , nor that the urging of it will be a convenient cure thereof : but rather the contrary : since there is more agreement betwixt peace and love which may be best preserved where offensive things are not urged , then betwixt love and compulsion , especially , if ( as of this oath it is conceived ) it incroach upon the conscience , &c. and we see by the operation of it alreadie , daily producing more and more dislike of it , that it is not likely to be aremedie against any maladie already discovered , but rather a means to exasperate the disease . there be other means more effectuall for holding out of popery ( r say the divines of aberdene ) in which we ought to confide more then in all the vows and promises of men ; yea also , more then in all the united forces of this land : to wit , diligent preaching and teaching of the word , frequent prayer to god , &c. whereby we may increase in the knowledge of the truth , and in ability to defend it against the enemies of it : so for heresie , schisme , superstition , and other unlawfull things , and to advance the doctrine of truth , and discipline of manners ; these have been the chief means , and will be still the best means , with them there is no need or use of swearing ; and without them , covenants and oaths will do no good . moreover we have against the oath , this , ſ si factum sit juramentum de rebus quae non sunt nostrae potestatis , &c. a man taking an oath to do an impossible thing , the same is not binding : t vt si quis amico juret se ipsi bona alterius donaturum : as if a man should swear to his friend he would give him another mans goods . it is a maxime in law and nature , nemo plus juris ad alium transferre potest , quam ipse baberet . tyrannicum est adres impossibles alios adstringere : saith u pareus . the ministers of london in their letter to his excellencie , do much presse these words in the solemn league and covenant : namely , the preservation and defence of the kings majesties person : and do infer from the same , a violation of the oath if he should be put to death . but they would have shewed more genuity and candor as becoming the ministers of christ , to have proved the lawfulnesse of such a promise : where is it required in the holy scripture , that men should swear not to put to death a tyrant , traytor , murderer : will they rob god to give unto men ? or do they think if men have sworn not to give unto god , the things that are gods ? they are bound to keep such an unjust and rash vow , or otherwise they shall provoke the lord to wrath , as they instance in zedekiah , saul , and others . it is well known amongst all the subscribers ; not one of them hath hitherto undertaken to justifie that clause in the article taken according to their sense ; yet doubtlesse they might with as much safetie have given reasons against the parliaments proceeding with the king , as cast forth from time to time raylings against them . besides do not men take an oath to do an impossible thing , when they swear to do a thing which they know not what it is ? zeal without knowledge ( saith mr. a ley ) is not sufficient , but it is necessary men should first know what popery is ; and what is not , before they renounce it by swearing : and is it not as fit they should first know , what is schisme and heresie , and who are meant by malignants , before they swear to suppresse the one , and punish the other ? for it cannot be imagined , that an oath otherwise can be kept , or that it is taken with any such intent . again , conscience ( saith b mr. elton ) cannot be bound , where understanding cannot discern what is done , and where he that swears wants reason and understanding to discern what he doth . so c alstedius , conscientia enim obligari non potest , ubi intellectus , quid factum sit , aut fieri debeat discernere nequit . and a little after , ad legitimum juramentum requiritur , ut intellectis integro , vel saltem non ablato , fi●t . he that swears rightly ( saith mr. d bakewell ) ought to know the nature of an oath , and to be able to judge of the matter before whom , and to whom , and of time , and place , and other circumstances . we ought ( say the e professors of aberdine ) to judge of those things we are to swear to , with the strict and inquisitive judgement of verity , and to ponder duly , and to propound particularly and fully to others ( especially to those who require our oath ) to satisfie our consciences there anent , and to answer all the doubts and reasons , which make us unwilling and afraid to give our assent thereto . that this oath was imposed upon many men who wanted reason and understanding to discern what they did , and so consequently the conscience not bound : thus i prove it . 1. it was not long before this nationall covenant came forth , that the oath of the sixth canon was enjoyned , and the clergie were to swear that they did heartily , willingly , and truly upon the faith of a christian , approve the doctrine and discipline or government established in the church of england , a●●ontaining all things necessary to salvation , &c. nor will they ever give their consent to alter the government of this church by archbishops , bishops , deanes , and archdeacons , &c. as it stands now established , and us by right it ought to stand . a little after this is published , a book entitled , f episcopcaie by divine right . wherin it is affirmed ; that there is not the tenth part of the plea for the lords day from the writings of the apostles which bishops have for their episcopacie . and that there be divers points of faith ( weightie points ) which have not so strong evidence in scripture : so strong evidence , that heaven may as soon fall , as that fail the bishops . neither was this his opinion alone , but the people generally thought so too , and for any other government ( i speak of the greatest number ) they knew none : so far did they want reason and understanding to discern what they did , when they sware down episcopacie , and covenanted to maintain and preserve another kinde of church-government when it shall be found out , and set up by the states . 2. the covenanter swears against popery , but knows he what he doth ? or what is intended by it ? luther ( as g some report of him ) was wont to say , that himself , and almost every man else , had a pope in his belly : yet few have it in their heads to tell what popery is . many hold that divers of the arminian tenets are nothing else but popery blanched over with h a specious subtiltie : and for holding them , some have been i publickly censured as popish . k whitgift , l hall , and m downal conclude poperie upon the presbyterie : and the presbyterian disciplinarians condemne all episcopall jurisdiction as papisticall . and many censure both these , as popish and antichristian . 3. so touching superstition , what doth the covenantor take it for ? the conformists formerly have imputed superstition unto the n nonconformists in forbearing and forbidding the use of the ceremonies : some charge the parish-meeting places with superstition , and to be pull'd down , as the high places and idol temples . yea , and by the covenant-oath they say it should be so . tithes likewise is held superstition , and all o contributing to the maintenance of an unlawfull ministerie : yea , there be some of opinion , that all ordinances , ( as prayer , preaching , sacraments , &c. ) are supra statutum superstition . briefly , the papists charge the protestants with superstition in divers things . i had almost forgotten how some told me of late in westminster-hall , that the red crosse which hangs there by the wall at the kings bench is superstition , and the same ( with all others the like ) ought to be broken to pieces , and such things to be no in use amongst us , and the covenanters sworn so to do . 4. for heresie it is well known , that this is charged by papists upon protestants , and they again upon the papists : and the lutherans upon them both : and the p professors of protestantisme they specially of greatest worth , learning and authoritie , count calvinisme heresie , and little lesse then treason . 5. for schisme i shall not mention it here , it is a secret and mysterie , and therefore to be left alone : the dweller between white-hall and white-chappell imputes it q to mr. price , and men of his faction and humour . but the law saith , testes singulares non probant . we have next malignants : and riddle me , riddle me , what is this ? in the first centurie of scandalous and lewd ministers , i finde commonly malignitie applyed to such , as had spoken reproachfully of the parliament , as saying , r the house of commons in parliament was an unjust court , ſ hypocrites , schismaticall , and pragmaticall fellows , t a company of factious fellows , no parliament , that their u proceeding against the earl of strafford was wrong full and unjust &c. for such expressions formerly men indeed have been reputed malignants , and so censured . and is it lesse malignitie , or doth the covenant exempt such from being malignants ( because from episcopacie turn'd to presbyterie ) who speaking of the parliament , call it an apostatizing parliament , a covenant-breaking parliament , a parliament at whose doors may be layed all the errours , heresies and blasphemies of the times ; a parliament that hath wrought a great reformation amongst us in church and state , taking away high commission court , star-chamber , councell table , &c. and bringing in the roome thereof severall committees , whose little fingers in the way of oppression , were heavier then the loyns of the former courts ; a parliament suppressing poperie , ceremonies , crucifixes , crosses , service book , &c. and in the roome thereof giving liberty of conscience , otherwise called , a cursed toleration of errors , heresies , blasphemies , and all manner of licentiousnesse ; a parliament that hath taken away ship-money , coat and conduct money , monopolies , &c. and in the roome thereof bringing in taxes , assessements , free-quarters , and the heavie burden and bondage of excize : which neither we nor our fathers were able to bear . and because some people might think , that such vile and malicious speeches could not possibly proceed from their lips , who stile themselves the ministers of jesus christ within the province of london : i desire it may be well observed , that whereas mr. john price in his book entitled , a clerico-classicum , hath charged them with this great malignitie against the parliament , and in particular , names mr. cauton , mr. cranford , mr. case , mr. love , mr. jenkins , and mr. taylor , as authors and actors . in the answer which i● lately come forth to the said book , not onely there is nothing said to it , ( and so granted to be true , ) but withall he addes more calumniation and slander : yea , and more dangerous and destructive to the state . your faction ( b saith he ) have offered violence to the two houses , forcing them to vote and unvote at your pleasure . c they cannot in their conscience beleeve that the members sitting at westminster are a free parliament , seeing they are under the sword : nor a full parliament , in regard 200. members of it are forc'd away ; nor a compleat parliament where two states are abolish'd . as for the late king , he was not ( d saith he ) either an idolater or a tyrant : the e army and councell of justice , did put him to death by the impulse of that spirit that now works mightily in the children of disobedience , because 't was done without and against the word of god . f the guilt of that innocent blood which hath been spilt must be expiated and avenged on some of the chiefest of the incendiaries : as for themselves they have g an holy indignation against so horrid a fact . i could take out divers other things from the covenant , to shew , that he who swears to it wants understanding to discern what he doth . but this shall suffice for the present . and i desire it may be noted , that the oath is quidlibet ex quolibet , all things , and nothing : it makes everie man popish , superstitious , hereticall , schismaticall , malignant ; and yet makes no body so : he that shall speak disgracefully and scandalously against the parliament , and the proceedings thereof : is a malignant by the covenant , and yet not a malignant : for the covenant admits of a divers and contrary sense in one and the same thing . a malignant , an incendiary , &c. if he stands for the bishops , but if a presbyterian : no malignant then , no incendiarie , and why ? not but that it is all one thing , or that he rails lesse , or speaks lesse falsly against the state ; but because , he being his own interpreter , he takes it otherwise . object . if it be so , a man may the more willingly take the oath ; for though he understand not what is meant by the particulars in it , yet taking libertie to himself to make such a sense of it as may most conduce to his own interests , whether for advantage , or for avoiding of danger and damage no hurt can follow ; specially seeing by equivocation and mentall reservation , he can save himself from being discovered in any dangerous designe . answ : 1. an oath cannot lawfully be taken , till the doubts and scruples be resolved and cleared , which might any way trouble the conscience of them who are indeed rightly religious . the divines of h aberdene said well , that the words of an oath should be clear and plain : and if they be any way ambiguous , the true sense of them should be so declared and manifested , that all may know it . and if most of these doubts before proposed should be found to be frivolous ( which we do not conceive of any one of them ) and but one of them contain a just ground of ambiguitie , i that one is enough while we are in suspense concerning the meaning of the oath to suspend our dissent from taking thereof . for the comparison ( brought by the prudent composer of the history of the councell of trent ) we take to be true , and of much importance to this purpose , which is , k sicut enim particularis universalem contradictoriam falsam efficit : ita particularem ambiguam , incertam reddere universalem . for as one particular maketh false the contradictorie universall : so one ambiguous particular maketh the universall uncertain . 2. it rests not in the power of an inferior ( whether he be the taker or minister of the oath ) to put his private conceit for the sense ( which is the soul ) of a publick constitution ; and if he do so , we cannot but doubt of it ( though it seem never so plausible ) unlesse it be allowed by the authoritie which chargeth the oath upon the conscience . and this construction we are taught to make by the explanation of the oath in scotland , published by marquesse hamilton the kings commissioner there , in these words : l oaths must be taken according to the minde , intention and commandment of that authoritie which exacteth the oath . again , m an oath must be either taken or refused according to the known intention of him that doth minister it , n especially if it be a new oath . to the same sense , though in different words , say the aberdene divines , o an oath is to be given according to the minde and judgement of him that requireth it . the old rule ( which is a maxim ) saith , p is committit in legem , qui legis verba complectens , eontra legis nititur voluntatem . he offends against the law , who cleaving to the words of the law , leaveth the will of the law , that is of the law-maker . for men therefore to take an oath contrary to the minde of them that require it , or before their minde is known , and the plain and common sense and understanding of the oath resolved and cleared , from whose authoritie and power it proceeded , and to put their own private conceit for the sense , it is a very unlawfull act , both in point of law and conscience . 3. note what miserie and mischief some men have brought upon themselves and others , in taking the covenant in their own sense , and not knowing the intention of that authoritie which exacted the oath . t is urged , that q the covenant binds to preserve the doctrine , worship , discipline , and government of the church of scotland : but who knows here , the minde and judgement of the state ? for it is said a little after , according to the word of god : and therefore unlesse the parliament had resolved and declared in a plain and common sense , that the worship , discipline and government of that church was according to the word of god : it is onely a presbyterian private conceit for the sense , to say that the covenant binds to preserve the worship , discipline and government of that church . again , the covenant ( saith he in the same place ) ingageth to extirpate heresie and schisme : it doth so : and popery and superstition likewise , though he names it not : but must not this be taken according to the intention of that authoritie which gave the oath ? and where is that thing as yet declared ? the covenant ( saith he ) ties us to endeavour after a uniformitie in religion and form of church government : it would have been plain dealing to have set down the rest , to wit , according to the word of god , and the best reformed churches . but what is this for the presbyterian way ? the parliament hath not anywhere ( to my knowledge ) acknowledged it to be jure divino , neither is any man tyed by that covenant to submit to it , or to endeavour the promoting thereof . again , be it granted ( as he saith ) the covenant binds to preserve the priviledges of parliament : yet there is no breach of the oath to resist such men who proceed extra judicialiter : because while the magistrate doth against his office he is not a magistrate : for r law and right , not injurie should come from the magistrate . ſ the law gives every private man power to resist , if the danger be irrecoverable , yea though it be recoverable . so t jurists say , that a private man hath the same law to resist , and in a recoverable losse , they say , every man is holden to resist : u si evidenter constet de iniquitate ; if the iniquitie be known to all . it adds much to the unlawfulnesse of this oath , that men were compelled to take it : for if it had been left to every mans choise and libertie , whether he would have sworn to the particulars , or not , there had been more reason for that , and lesse danger in it . at geneva both minister and people x took an oath , for shutting out of popery : but were not urged unto it , by any commination of danger , that so their swearing might be with a free will , not mixt with reluctancie of conscience , or with fear of penaltie . it hath been by some much complained of , and held to be a great oppression , when under the prelate one was to devise a form of prayer ( plain enough for the sense ) and another constrained under a great penaltie to observe and use the same . here is a stinted oath stuft with ambiguitie , dark and doubtfull termes : 't is devised by one , imposed upon another ; and though the taker be not satisfied in point of conscience touching the lawfulnesse of it , yet he shall be fined , sequestred , put out of his place , calling , livelihood , &c. if he refuse to take it : reader be thou judge where lyes the greatest oppression . the parliament hath lately , truly , and piously declared , y as for the truth and power of religion , it being a thing intrinsecall between god and the soul , and the matters of faith in the gospel such as no naturall light doth reach unto ; we conceive there is no humane power of c●ertion thereunto , nor to restrain men from beleeving what god suffers their judgement to be perswaded of . a the civill authority ( saith mr. perkins ) hath no power , or rule over the things of god . this being so , i cannot see , any scripture-rule or warrant , that the magistrate hath , to compell any man to swear that he shall endeavour the preservation and establishment of such a worship , doctrine , discipline , and the extirpation of this or that church government . i speak not of what doctrine , worship and government the higher powers may think fit to settle in a kingdom , what to permit , and tollerate , or what not : but to require an oath of the people that they shall embrace this way , or oppose that thing in matters of religion , this i humbly conceive is a businesse wherein they are not concerned . object . but we read in scripture , that a covenant hath been imposed by the magistrate upon the people , and they have been required by oath to take it ; yea , and in case any should refuse to binde themselves by oath to observe the same , they were to be punished : and for this there are sundrie instances : as in nehemiah , ezra , hezekiah , josiah , asa. ans : that nothing can be truly gathered from such examples , to justifie this covenant which we oppose , or to prove the lawfulnesse of it , i shall here clearly demonstrate by these reasons . 1. for that which was done in nehemiahs time , with whom i also joyn ezra in the work of reformation : first it appeared that none were constrained to go up to jerusalem , for the building of the lords house , but such b among the people as would , and with whom their god was : such indeed ( and none else ) had libertie granted , and means allowed them , to return : but as for compulsion or violence , there was not any used . 2. touching that covenant which they made , wrote , sealed , and swore unto : let it be observed : 1. that ezra and such as went with him , before their journey c humbled themselves by fasting before the lord for direction . 2. when they were come to jerusalem , not onely was there much weeping and wailing d by him for the fins of the people , but also great e manifestation and practice of repentance , and amendment of life by all the congregation . 3. as the covenant tyed them onely to the keeping of the law , so when all f the people were gathered together as one man , they had the law read and expounded unto them , to the great humbling of all the people at the first , but afterwards to the great rejoycing of them all , because they had understood the words that were declared unto them : and in the last place , and for the shutting up of all , g confessing their sins , and the iniquities of their fathers , with fasting , and with sackcloths and earth upon them ; h the princes , levites , priests , i and all they that had separated themselves from the people of the land , voluntarily and freely covenanted ( not through compulsion and fear ) to walk in gods law , which was given by moses the servant of god , and to observe and do all the commandments of the lord their god , and his judgements , and his statutes , every one having knowledge ( mark it well ) and having understanding . there needs no application , the setting down of these things , with the readers bearing in minde what i have formerly manifested , is conviction sufficient of the other covenant , or at least to finde nothing there for it's justification , no not so much as a leaf to cover the nakednesse of it : 2. for hezekiahs time , i finde nothing in the history of his life , in relation to this businesse : it is said , they k made a proclamation throughout all israel , that they should keep the passeover at jerusalem , and divers of asher , and of manasseh , and of zebulun came thither : but this was willingly , not by any compulsive law : for 1. he had no authoritie over them at all . 2. it was l the hand of gid ( upon them and ) judah to give them one heart to do the commandment of the king. 3. whether they were of israel or of judah , m the whole congregation rejoyced in the work , and good reason too ; for they well knew what they then did , it was their duty to do , and no more but what they had formerly by covenant obliged themselves unto . 3. and for josiahs time , it is written , n he made a covenant before the lord ( all the men of judah and the inhabitants of jerusalem , and the priests , and the levites , and all the people great and small being present ) to walk after the lord , and to keep his commandments , &c. and he caused , or appointed ( for the word signifies no more ) all that were present in jerusalem and benjamin to stand to it . o and all the people stood to the covenant . note 1. p it is said , he read in their ears all the words of the book of the covenant , that was found in the house of the lord . so there was nothing that he tyed them unto , but what they certainly knew to be just , holy , and good . 2. he causeth them not to stand unto any thing , but what before they had covenanted and promised to do : and therefore here was no new oath , or properly any making of a covenant , but a renewing rather of their covenant : no solemn league and oath to bring in , and establish amongst them , a new worship , discipline , and church government , but a publick engagement to continue in such a religion to which they had before submitted . now reader wipe thine eyes , that thou mayest see , how josiahs covenant , and ours , do look in the face one like the other . 1. josiah reads the words of the law to the people , and to this onely would have them promise obedience : our covenant requires some thing against the law of god , as that a murderer , traitor , tyrant , &c. if a king , shall not be put to death : so the presbyterians expound one clause of it . 2. josiah obligeth them by covenant , onely to stand , for and to such things , as they knew what they were , and to be lawfull : for there was nothing propounded to them but the very word of god . our covenant hath much in it not onely so doubtfull and ambiguous , as no man knows what is meant by it , but also what is apparently disagreeable to the word of god . 3. there is nothing in josiahs covenant as tying the people to the practice of , i say not any one particular thing , but what before they had promised to do : our covenant requires an oath to endeavour the preservation of the scots worship , discipline , church government , &c. and ( some say ) to settle presbyterie tho●ow all the three kingdoms : a thing before never promised by us , nor by our forefathers : never allowed before by authority in the land , or practised by the people . 4. josiah did not cause the people to swear against a former oath , but obliged them to keep the oath which formerly they had made . by our covenant men are sworn to endeavour the extirpation of church government by archbishops , bishops , &c. howbeit many times before q without and equivocation , or mentall evasion , or secret reservation they had taken a solemn oath never to give their consent to alter the same . 5. josiahs covenant took in onely the members of that church , and although many took the covenant yet they were the jews onely , and amongst them , judah and benjamin . but out covenant takes all in , even three kingdoms at once , england , scotland and ireland : not in reference to a visible church ▪ estate : for it puts no difference between people within or without , the taking of the oath is all the condition of the person no way considered of . 6. josiahs covenant was such as all the people stood to it : but this was so unlike to that , as many conscientious and tender hearted christians , utterly refused it , and shewed the unlawfulnesse of it , and not a few who took it , did it meerly to prevent danger . 4. and in the last , of asa it is said , r he gathered all judah , and benjamin , and manasseh , &c. and they entred into a covenant to seek the lord god of their fathers , &c. that whosoever would not seek the lord god of israel should be put to death , whether small or great , whether man or woman . it may be some will think the covenant is warranted by this example : but here it hath no relief nor countenance : and thus i prove it . 1. this covenant of asa is the very same with that of josiah mentioned before , and so cannot justifie ours , upon the aforesaid reasons and grounds . but 2ly , if asas example be the ground of our covenant , then whosoever should refuse to take the covenant , ought to be put to death : for any other punishment , as sequestration , finement , imprisonment , &c. it is not just , nor comes up rightly to the thing : for if a man undertake to prove any act punishable , by this precept or that example in scripture , he cannot appoint to it any other kinde of punishment but what the place mentioneth ( it being there plainly determined ) that same ( i say ) must be inflicted , and no other . and here ( to make a little digression ) there is a fit occasion offered me to discover the great deceit of some men , in abusing the magistrates , pressing them by civill punishment to suppresse sectaries and hereticks , and to prove that it is their duty so to do , these scriptures are commonly cited , which is punishing with death : but perceiving that to urge the execution of the law in such a way , would not rellish , nor well take with them , here they are silent ; but in the mean time shew the more hipocrisie , for if the parliament be to act according to these scriptures against brownists , anabaptists , seekers , arminians , why do they speak onely of silencing them ? and would rest if they were restrained of libertie ? certainly either these scriptures taken from the law , give the magistrate no power to punish such men at all for their conscience , or if they do , it is to put them to death . and therefore the papists ( being truer to their grounds ) upon these scriptures hold it not onely to be no fin , but good service to god to extirpate by fire and sword all that are adversaries to , or opposers of the church and catholick religion , and that hereticks should be delivered to the civill sword , and without mercie put to death . so write ſ gregorius de valentia , t suarez , u az●r , x becan : y turrian . and that schismaticks may be punished with almost all the punishments of hereticks . so a suarez . 3. to come again to the matter in hand , whereas it is said , b all judah rejoyced at the oath ; and the reason is added , for they had sworn with all their heart , and sought him with their whole desire . this shews , that as the lord had chosen this whole kingdom to be his people , and raised up this , and the like notable instruments of reformation amongst them , so did he upon this and the like occasions work a most wonderfull and extraordinarie work upon them , bowing their hearts universally to the love of his word for the present , and to the receiving of the same with joy , together with all readinesse to the obedience of his commandments : the like unto which never was , nor shall be seen to the end of the world , in a whole kingdom , except the lord do again choose one nation from all other nations , to be his people as then he did . 4. howsoever the kings of judah according to the dispensation of those times , were to destroy and put to death idolaters , blasphemers , &c. and so to weed all such wicked ones out of the church by the sword : yet i deny that any king now upon earth is by the word of god , to draw all people under his dominion into a solemn league and covenant with the lord , ( how much lesse before they be conveniently taught ) and to confirm the same by oath , and to inflict death upon all them that ●efuse it , ( for there is no other punishment if the practice be taken up from the example of the jews ) or remain wicked and unrepentant , as the kings of judah were to do by the people of that nation . that godly magistrates are by compulsive laws to represse publick and notable idolatrie , as also to provide that the truth of god in his ordinance be taught and published in their dominions , i make no doubt : it may be also , it is not unlawfull for them by some penaltie or other , to provoke their subjects universally unto hearing , for their instruction and conversion : but if they should hold it their duty as the kings of israel held it theirs , to c destroy all the wicked of the land , and to slay all that would not seek the lord god of israel , with all their heart , and with all their soul , whether great or small , man or woman : and should practice accordingly , they would have very few subjects to rule over . to these considerations let this be added , that when david the famous king of israel , and a man acquainted with the minde of god , had subdued the nations round about him , and made them d tributaries , and reigned over them : he did not , that we read of , by compulsive laws , require them to take an oath that they would endeavour the ex●irpation of any false worship , and embrace the doctrine , worship and discipline of the jewish church . but you will say , those nations were heathen , and infidels , and such as made no profession of religion , nor were circumcised . to which i answer : 1. amongst the rest over whom david ruled , the e edomites are named , which were the posterity of holy abraham , as well as the israelites , coming of esau , as they of jacob : who did also ( besides many main truths ) retain circumcision , and that true also , as well as some retain true baptisme : and by which they might ( for ought i know ) as truly be deemed the lords people , though in apostacie , as atheists and papists by the other . 2. the grosser the errour is , the easier it is to be discerned , and so the lesse danger to impose an oath against it . 3. if a magistrate have under his power infidels and christians , i see no reason why he should more trouble the christians conscience , then the other in matters of religion . and as the word of god gives no allowance to force men involuntarily , and for fear of such and such penalties to take the covenant , so it is against law and reason that any compulsion should be used , but people ought to have been left to their own libertie and choise , as we said before . it is well known that the law saith , f edicto praet ris rescinditur , quod me●● gestum est : by the edict of the pretor what is done through fear is of no force : quod non tam ve● bum ess● hominis , quam dei vocem , saith a great g lawyer . juramenta vi extorta , non eru●t praestanda , h saith the canon law . again , juramento meticuloso abs●lutio per judicem ecclesiasticum . so among the emperiall laws , there are these words of frederick the emperour : i sacramenta per vim vel per justum metum extorta , etiam à majoribus ( maximè ne quaerimoniam maleficiorum commissorum faciant ) nullius esse momenti ju emus . and that it is against pure reason too , i prove thus . 1. this is a naturall principle , quod tibi jus fieri , hoc alteri fac ; & quod nolis tibi fieri , alteri ne facias . now who is there , making it his own cause , would willingly be compelled to take an oath , in a matter which he thinks is either false , or doubts of the truth of it ; or if true in his understanding , yet makes question whether he have any reason or ground to swear : and yet must either swear or suffer . but so it was here in many mens cases . 2. pure reason teacheth a man so to consider his neighbour , as not onely not to cast him down ; or if fallen , not onely help to recover him , but to keep him up what he can , that so he fall not . basil ( as k baronius reports ) would not have bishops to swear in respect of the perill of an oath ; and the l councell of challons inhibited and discharged the clergie from a certain oath which formerly they had been compelled to take , in regard it was perillous : how perillous this covenant is , we have shewed already in many particulars : so that to speak the truth , there was no reason it should be taken at all ; but lesse reason that any man should be forc'd to take it : this was not the way to prevent our brothers falling , but rather with both hands to throw him down . 3. there is no reason that a man should accuse himself , the word of god requireth two or three witnesses unto every lawfull eviction and condemnation . which mr. lambert stood upon when he was examined about the oath ex officio , whether he thought it lawfull or no : m it is not lawfull ( saith he ) for a man to swear when a man knoweth not what they will demand of him , or whether it be lawfull to shew them the truth of their demands or no , or whether the matter will bear an oath , or if it will , whether there be no other means left to bowlt out the truth . if the judge require an oath in lawfull and convenient manner , as in controversies which cannot otherwise be decided betwixt neighbour and neighbour , i think my self bound to swear : but if he put me to my oath to bewray my self , or to bewray any other , this being contrary unto charity , i count it expedient to hold me still . if a man have acted contrary to the things contained in the covenant , though his minde gives him he hath done well in it , yet being by oath obliged to discover so much , how can he dispence with his oath in concealing it ? and if not , how can he fulfill that commandment , which requires him , not to destroy , but to save himself ? thus he fals into a snare , and either necessarily must break his oath , or gods law . 4. if a magistrate be to impose an oath which may be diversly accepted , and what is truly intended cannot be known , unlesse the proper sense be plainly given , there is no reason that a man should take it , till he directly know in what acceptation or sense he shall take it ; and therfore to be compell'd to take it before he knows so much is very unreasonable . if there were nothing but this to be objected against the oath , it were sufficient to manifest the unlawfulnesse of it , and to prove that it wanted the essentiall part and propertie of a true covenant , and so binds not any mans conscience to keep it . i shall not here make repetition of things before spoken ; this onely i adde , that the covenant is such a strange thing , as when a man keeps it he breaks it , and breaking it he keeps it . i could multiply instances here , to let men see the weaknesse , absurditie , contradiction , &c. of it in this particular , but it is not worth the labour and time . it is a question disputed by divines , and lawyers , whether it be lawfull to impose an oath , to be taken by such an one , as we think making no conscience of it , will not stick to forswear himself , if he be put to it : and it is usually answered by distinction , that for a private man to impose upon such a man an oath for his gain and private respect , it is altogether unlawfull ; because we are bound to prefer the glory of god which by such an oath is impeached , and the salvation of our neighbours soul which hereby is indangered , before any gain and advantage . and consequently we ought rather to lose any worldly benefit , then that by such an oath we should suffer god to be dishonoured , and our neighbour lose himself . again , howsoever it be granted , that the magistrate may lawfully put such an one to his oath ; yet so : n 1. if the truth may not by other possible means be cleared , and justice executed : o and 2 : it must be in a necessary , weightie and great cause . 1. for the last article in the covenant which is indeed the plainest and clearest of all , and concerns personall reformation ; howsoever i grant every wicked man should repent and amend his life , yet i deny that the civill magistrate hath any authority to make him swear , that he shall become a spiri●uall and religious man : there are many things both civill and divine which men ought to do , yet there is no warrant for the magistrate that he shall by oath compell them thereunto : newnesse of life is a supernaturall thing , and onely by the spirit of god wrought in us , and therefore the lesse reason to put a poore ignorant soul to his oath that he shall do it . what hast thou to do ( saith the p psalmist ) that th●u shouldst take my covenant in thy mouth , and hatest to be reformed ? mr. bakewell speaking of such men as may lawfully take an oath , describes them thus : q he that sweareth ought to see in his own conscience that he is fit to take an oath ▪ and thereby to worship and glorifie god : for he that sweareth aright , ought to have his heart smitten with fear and aw towards god , as in all the parts of his worship : and therefore a prophane man that hath no fear of god in his heart , ought not to swear . so he . to impose therefore such an oath as this , upon three kingdoms , and to have it taken by prophane men , who had no fear of god in them , and by such as it was well known before-hand would make no conscience of the oath , but forswear themselves if they were put to it , let the reader consider upon what ground ( whether pious or politick ) the businesse was taken up and carried on . r qui ju●amentum a malo viro postulat insanus est , saith apollodorus . he shews himself a mad man that would have a wicked man to swear : he means when he knows before-hand that he will forswear himself . 2. howsoever there be some reason to think , that the scots ( at least many of them ) meant indeed as they swore , to maintain & preserve the worship and discipline of their own kirk : and to endeavour the extirpation of prelacie . yet there is no reason that any man should think , that the english and irish conformable protestants , generally ever meant to promote the one , and suppresse the other . oh what a number both here and there took the glorious name of god in vain , when they were compelled through fear , to swear against the government by archbishops and bishops : i confesse it was the lesse binding , because the law saith , ſ promissio & juramentum sine causa factum est inefficax . now certain it is , there was no cause , i mean necessarie , weightie , just , to require such a thing : it is one thing for the magistrate to put down a publick worship and nationall church government , finding it unsafe or unwarrantable : and another thing to compell the whole nation by oath , to consent to it , and approve the same . t oleaster , observing how the name of god is taken three wayes in vain , makes the second to be thus : in rem quam non intendis impleri , upon a matter which thou doest not purpose to fulfill . they must needs be blinde , that did not fore-see , that many would forswear themselves , if they should be put to swear against the government by bishops ; and therefore so much being fore-seen , it shewed the lesse pitie and compassion to put it upon them . 3. when one malignant sware to discover another , and to bring forth his brother malignant unto condigne punishment : was not this to impose an oath upon one , of whom the imposer could not possiblie but think that he would forswear himself , and play the fox ? astutam vipido gestans sub pectore vulpem , ore aliud retinens , aliud sub pectore condens . being a suttle fox , under a stinking breast , one thing in heart , another is exprest . augustine to this purpose speaketh well : u qui hominem provocat adjurationem , & scit eum falsum juraturum esse vincit homicidam , quia homicida corpus occisurus est , ille animam ; imo du●s animas , & ejus animam quem jurare provocavit , & suam , &c. ecce jurat , e●ce perjurat , tu quid invenisti , imo & tu periisti qui de illius morte satiari voluisti . whosoever ( saith he ) provoketh another to swear , knowing that he will swear falsly , he is worse then a murderer ; because a murderer killeth but the body , this the soul , yea two souls at once ; his whom he provoketh to swear , and his own . behold he swearech , forsweareth , and perisheth ; and what hast thou found thereby ? yea thou hast lost thy self , who wouldest no otherwise be satisfied but by his destruction . and in another place , x he that inforceth one to swear whom he knoweth will swear falsly , is a murderer . ille enim suo perjurio se interimit , sed isle manum interficientis pressit & impressit . for he killeth himself with his pe●jurie , but the other thrusteth and helpeth forward the hand of the self-murderer . i wish these places may be well considered : for so some men would the better see their own evils and sins : the breach of the covenant is much complained of : but upon whom doth the guilt chiefly lye ? truly on the composers and promoters of it . y the leaders of this people cause them to erre , and they that are led of them are destroyed . if the matter of the oath with the condition of the takers be duely weighed , it could not otherwise be expected , but that the people for the most part would forswear themselves , if they should be put to it . now to conclude this point , what the covenant is in a short account i will here shew the reader : it hath two parts , the one contains a number of uncertain , dark , doubtfull and ambiguous words , the meaning whe eof no man knows , but like the heathen oracles may divers wayes be interpreted and taken : the other part contains some things so clear and manifest against most mens opinion , that it was altogether unseasonable at that time , ( if it had been lawfull at some other time ) to impose it : neither could the people then of this land without sinning against their conscience swear to it . i shall onely now speak a few things to some objections , and so will end this present discourse . object . 1. this covenant by many godly and learned divines , is much pleaded for , many places of scriptures a cited in their sermons pressing the carefull keeping thereof , a great deal of mourning in their prayer at fasts and other times , because it is neglected , and gods judgements terriblie threatned against the whole nation for it . in brief , as for themselves they sav ▪ b though some may esteeme it no more then an almanack out of date , yet we look upon it as the oath of god , religious , sacred , and inviolable , in whose name we have sworn , and who will certainly require it at our hand . we know with what a jealous eye , and severe hand , the c lord avenged the quarrell of his covenant made by zedekiab to the king of babylon though extorted from him , and prejudiciall to him . we dare not therefore ( when we have lift up our hands to the most high gad ) by the violation of a more righteous oath provoke the wrath of the lord against us , who is the searcher of all hearts , and to whom we must give an account at the great day . answ . 1 when the protestant deals with papists against their humane inventions , and the puritan against him , commonly use this argument as a full and solid refutation . d nos nova omnia quae christus non docuit jure damnamus , quia fidelibus christus est : si ergo christus non docuit quod docemus nos illud detestabile judicamus . we justly condemne all new things which christ hath not taught ▪ because christ is the way for faithfull men : if therefore christ hath not taught what we teach , we hold it worthy to be detsted . that this covenant is a new thing , an earthly creature , not warranted by the word of god , but sprung out of mans foolish brain , i have formerly proved at large : and so the same reason here is every way , and altogether as effectuall and forceable to condemne it . 2. what the opinion is of these learned and godly divines touching an unlawfull oath and covenant , i know not ; but this i know well , that men as lea●ned and godly as they , teach that such ought to be broken , and not kept . qui servat juramentu●n illicitum , bis peccat , semel male jurand , & iterum male juratum servando , saithvrsinus . so e pareus . those oaths are laudablie broken ( saith mr. downam ) which are unlawfully made . and to this both f lutherans and g papists consent . philo speaking of those vows and oaths whereby men binde themselves contrary to that which god hath commanded , thus writeth : h quasi non melius deoque gratius sit tale perjurium modo serventur leges , &c. as though ( saith he ) to forswear in such a case for the keeping of gods laws were not much better and more acceptable 〈◊〉 god . for a man addeth sin to sin whilest he abuseth his oath ; wheras he should rather forbear from evill doing . let him therefore forbear , and humbly intreat god , that of his mercie he will pardon the unadvised rashnesse whereby he was led headlong to swear : for to double the fault when thou mayest disburden thy self of the one half , is very great madnesse , and scarcely possible to be cured . so he . 2. howsoever i hear these men professing i not to be wanting in that ingenuity and candor which become the ministers of jesus christ ; and among themselves to rise up and call one the other k blessed , and such as make the glory of god , and the good of souls the mark they ayme at , in the course of their ministery : men that will not suffer the sins of the times to be quiet , whose names are as precious oyntment poured forth , spreading the sweet savour of the knowledge of christ in many places , &c. howsoever ( i say ) i hear them thus to say of themselves ; and each of other ; neverthelesse if their sayings and doings about this covenant be well observed , they will not appear to be such men in some things : but rather to hearten and harden sinners , pleading for the sin of the nation , and keeping the people in their ignorance and error , that they should not return from their wicked way . and that this is so , thus i prove it . 1. by their abusing and misapplying the holy scriptures : because the word of god approves of just oaths , and reproves all breakers of lawfull covenants , is this a good ground to justifie the solemn league and covenant , that it was the oath of god , religious , sacred , &c. and the violation of it provokes the wrath of the lord against the land ? suppose a man should read these texts , 1 cor 6. 10. jude 8. 2 tim. 3. 2 , 3 , 13. ezek 13. 10. matth. 7. could he hence fairly gather , that mr. jenkins , mr. love , mr. taylor , &c. are raylers , despisers of government , traitors , heady , high minded , seducers , false prophets ? every man would say , such an inference were to corrupt the word of god , for the places prove no such thing against the men : but if they indeed were such men , and so much could be proved against them , they fall then under the censure and reproof of such texts . and is the word of god handled otherwise then so , when men are acc●s●d to be covenant breakers , and for-sworn , and thereby have highly displeased the lord ? and to prove this there is brought , ezek. 17 14 , 15 , 11 , 19. zach. 5. 4. 2 sam. 21. 1 , 2 , 6. as if these places did prove their accusation and charge : whereas there is nothing held forth in the texts , but that for breaking lawfull covenants , and for rash and sinfull oaths ( as this was ) a nation may justly fear gods displeasure : but not one word in reference to the nationall oath , as if god should be ang●y with this nation for breaking it : that some covenants have been religious , sacred , inviolable , we grant : and for the violation thereof god hath shewed his displeasure , this is true also : but doth this prove ours to be so ? and for the breaking of it g●d will do so ? indeed hitherto it hath been in this manner and way proved : such a scripturecovenant was sacred and religious : ergo ours : for breaking such an oath or league the lord was angry , &c. ergo he is displeased with this nation for breaking theirs . but you will say this proves nothing ; what ? no proof ? then hath not the covenant to this day been proved lawfull ; and if any one among them all ( what ingenuitie and candor they professe to have ) can yet prove it otherwise and better , erit mihi magnus apollo . 2. for their complaints and groans on fast dayes , and ●●ed commonly in their pulpits before or after sermon , because the covenant is not kept : this skuthropoi , sowre faced , and covering the altar with tears , with weeping and crying out , is a thing which the lord regardeth not , nor receiveth it with good will at their hands : are they not afraid to bring a corrupt thing before the lord , and to speak and plead for it ? doth their heart never smite them for this ? that is strange , considering in that prayer which christ hath left us to be a rule and platform of all our prayers , there is nothing for the justifying of the covenant , but in every petition something clearly against it : as for example . 1. what more directly against the hallowing of gods name ? then when men take his dreadfull and most glorious name in vain , by swearing neither in righteousnesse , in truth , nor in judgement : for this i refer the reader to what hath been said , pa. 9. to 18. 2. what is a greater impediment unto the coming of gods kingdom then that , which l stops the gospel , whereby all the elect may be truly converted : suffers not churches to be m gathered and constituted according to the pattern of the new testament : nor that n christ as king , priest and prophet may exercise power and authoritie onely in sion : permits not the o whole counsell of god to be freely and truly taught , and all inventions and traditions of men powerfully confuted ? nor the p sacraments which are the seals of gods promise , administred and received in that puritie and sinceritie as by christ is prescribed ? nor the q censures of the church to be executed according to the apostolicall institution ? yet all this , doth the covenant as the great sticklers for it , expound some part of it . 3. is there any thing more obvious and apparent against the doing of gods will , then to oblige men by oath not to do their duty , and the very thing which god requireth of them ? which is , r whoso sheddeth mans blood , by man shall his blood be shed : yet this ſ ( some say ) the oath prohibiteth . 4. is not this against asking our daily bread ? when men shall be restrained from preserving their bodily life by lawful and good means , unlesse they will swear to such things as they know not what they are ? or taking them to be unlawfull will swear against their conscience . for this see pag. 16. 5. when we ask forgivenesse of sins , and yet take the covenant , what is this but a mocking of god ? it being a sin , and unlawfull so to do . 6. when we desire the lord , that we may not be given over to the temptation of the devill , the world , or our own lust , as to be overcome thereof : but contrariwise that the lord will strengthen us against all assaults of everie enemie , and grant us such holy means as may further us in our true obedience towards him ? 't is no otherwise then to ask power and grace to refuse the covenant ▪ 7. and in the last place , when we entreat the lord to set us free from the power of satan , and from all the policies and deceit which he exerciseth against the soul for its ruin and destruction , either by prosperitie or adversitie ; and that he will give us strength to overcome all corrupt affections , and preserve us in well doing to the end : here we desire , that we may not fall into the evill of the covenant : or if fallen , that god will take us out of the evill of it , and keep us that we do so no more . this being so , my desire and prayer to god is , that all people in all places may take warning , that under a sad countenance , long prayer , great crying , deep sighing , and some tears they be not beguiled , and ( like the simple who beleeves every thing ) brought in to say amen to a lye , and so offer the sacrifice of fools . 3. from this root of bitternesse , some have taken occasion to vomit out their own shame , against authoritie : and as absolom by slandering his fathers government , sought to steal away the hearts of the people ; and make rebellion : so these casting aspersion upon the supreme magistrates of the land , charging them with covenant breaking , perjurie , &c. would have all people ( like themselves ) disaffected to them and their proceedings . but mark ( reader ) their unfaithfulnesse and falacie : for their ground-work the covenant is laid , and some parliament ordinances , and hence they raise their invectives and bold charges against the state . now was it ever before known , that men who make the glory of god and the good of souls the mark they ayme at in the course of their ministerie , and will not suffer the sins of the times quiet , to build upon so sandy , uncertain and weak ground ? men of ingenuitie and candor formerly , would not durst to have charged their equals , no not their inferiors with any small crime , much lesse their superiors with murder , treason , oppression , injustice , &c. without clear and apparent proof ; and shewed what commandment and law of christ they had broken , not fetch their proof either from anothers weaknesse and failing , or from an absurd and false conceit of their own . suppose by the covenant the king was not to suffer , presbyterie to be setled , and all others otherwise minded not be tolerated : yet this will not follow , that the parliament having since done otherwise , they have therefore done unjustly , and sinned against the lord . i observe this the rather , because in that book lately come forth , entitled , a vindication of the london ministers , &c. the author shews him an evill worker , in abusing the reader : for howsoever he chargeth the parliament with many vile things , neverthelesse shews not at all wherein they have acted against the law of god , of nations , nature , or pure reason , onely objecteth the protestation , the nationall covenant , and some collections of parliament , as if this were enough to prove them so , and himself no false accuser . object . 2. ſ you have an example of gods severe judgement for the violation of an oath in saul : so zedekiah for breaking the covenant made to the king of babylon was extreamly punished . ans. 1. howsoever the gibeonites were a people formerly accursed , and fallaciously procured a covenant from jos●ita : yet that covenant was lawful . t josuem jussu domini secisse quod fecit ( saith lavater ) and proves in the same place by two reasons , that the lord approved that covenant . besides it appears by severall scriptures , that they onely of the canaanites were devoted to destruction who would not seek for peace ; for if they sued for it , it was to be granted them : so x junius , pet. martyr , and others , &c. and the sew doctors thus understand it , as y mr. ainsworth notes . 2. that the covenant made by zedekiah to the king of babylon was extorted from him , and prejudiciall to him , 't is the petitioners own glosse , the history shews no such thing : but let that passe ; sure i am the covenant was lawfull . for , 1. nebuchad-nezzar a made him king. 2. the lord cals it , b his covenant ; and breaking it , a trespasse that he had trespassed against him . 3. he was by the prophet jeremie counselled to keep his oath ; and doing otherwise , threatned by him and ezekiel ( for his perjurie , infidelitie and rebellion ) to be severely punished . so then this is the close , when the london ministers shall prove , that the parliament and people of england , obliging themselves by oath not to put their king to death , what murther and mischief soever he should commit , doing so , make as just and lawfull a covenant as joshua made with the gibeonites , and zedekiah with the king of babylon , and are bound as strictly to keep it : it shall be acknowledged that these examples speak something to the matter they are brought for : but till then , they must be contented to lye under the just censure of perverting and wresting the scripture . quest : 3. but may not the civill magistrate taking the counsell and consent of a synod , or assemblie of divines , set down what doctrine , worship , and church discipline shall be extirpated , and not tolerated or suffered : and what shall be established and maintained through the nation , and then require all the people of the land , therein to joyn with them , and by vow and oath to promise so much , and in case any refuse , to suffer for it . answ : howsoever this work properly belongs to the partie interested , and for them to prove the lawfulnesse of it : yet seeing here , they are altogether silent , i shall speak thus far to the objection . that it becomes not the magistrate so to do , neither hath he any warrant or calling for such a practice , thus i manifest . 1. for doctrine , worship , and such things , as they are spirituall , and concern the inward man , so it is god alone who carries forth the work in him , and for him ; shews him by his word what he should embrace , and what refuse , and helps him by his spirit when his time and pleasure is accordingly in it . and this in scripture is every where shewed , that there is c no humane power of coertion called for here , the magistrate is to leave the lord to perswade the heart . compare these scriptures . psal. 110. 2. act. 2. 41. 1 cor. 7. 22. 2 cor. 1. 24. rom. 14. 23. 1 joh. 4. 1. 1 thes. 5. 21. joh. 18. 36. act. 4. 17. 20. rev. 18. 4. 2 cor. 5. 14. 20. 2 cor. 10. 3 , 4 , 5. rom. 10. 17. 2 tim. 3. 5. prov. 30. 6. rev. 22. 8. matt. 28. 20. act. 18. 15. 28. joh. 6. 44. matt. 16. 17. ephes. 4. 11 , 12 , 13 mat. 17. 5. 1 cor. 3. 6. 2 tim. 2. 25 , 26. 1 cor. 9. 20. 21 , 22. 2. to binde a nation by oath to such a practice , shews the imposers to be either absurd , or uncharitable , or tyrannicall . 1 ▪ absurd and irrationable , if they should think the people generally in a capacitie to take such an oath : or 2. supposing otherwise , then uncharitable to compell any unto it against their conscience . or 3. if they should think that some would not swear lest they should forswear themselves , then cruell and tyrannous to require such a thing at their hands ; and refusing it , to punish them for it . 3. i confesse we read in humane histories , that among the gentiles it was enacted , that no worship should be admitted , no religion exercised , but what received estab ishment and approbation from them who supposed themselves to be intrusted with authority over men in such things : and their reasons for it were ; partly because sundrie wayes of worship , and severall religions d tends to the disturbance of the common-wealth , and that civill society which men under the same government do , and ought to enjoy : and partly because the gods whom they owned and worshipped were dishonoured and provoked to plague them . and having thus made a law , and supported with such reasons as these , they proceeded to the execution of the penalty of that law , as unto banishment , imprisonment , burning , drowning , torturing in sundr● kinds according to the pleasure of the judges : t is true this the heathen did , and this e power of the dragon was given over to the beast and false prophet , and to this day many walk in the same paths with them . but i do not read where a covenant was to be taken , and men enjoyned to swear unto their worship and religion , and to suffer punishment if they should refuse : such a practise for ought i know , was not once named among the gentiles ; darknesse it seems had not so overtaken them as to act so unreasonablie . 4. seeing the church of england resolveth , that all councels , and synods , whether provinciall , nationall or oecumenicall , f they may erre , and have erred in things pertaining to god . and the same professed by all protestant churches : i would know , what reason and ground the magistrate hath to swear himself , much lesse to force another by oath to embrace , without all doubt and suspicion of error ( for so it is presupposed he doth when he swears ) any constitutions of men ? me thinks it is no fair dealing of ministers , to tel● the people , synods and assemblie of divines may erre , and yet to thrust upon them their decrees and devises in such a way , as if they were apostolicall and infallible , and could not erre . 5. not onely is this putting of men to oaths and vows in points of religion contrary to gospel way , rule and walking , but a subtle stratagem and plot used by hereticks , idolaters , and such vile wretches , the better to promote and advance , their errors , lyes & blasphemous tenets . of novatianus it is reported , that g before he would give the sacrament , he caused his adherents to put their hands betwixt his and to swear by the body & blood of the lord they would not forsake him , and turn to cornelius . and did not the prelates usually make their clergie and others to swear canonicall obedience to their articles , injunctions , cannons ? and why was it ? but to uphold their superstition and false worship , and to hinder the power of godlinesse ? one would have thought that the perillous oath which the bishops made them to take , and the trouble of spirit which some of them ever had for it , would have made them for the time to come , more carefull and tender hearted , and not again have run themselves , and forced others , into the like snare and danger . to conclude all , seeing it hath been proved , that the covenant both given and taken was unlawful , whosoever therfore hath had a hand either way in it , he ought to repent truly of it : and by this take warning , and learn h to fear this glorious and fearfull name , jehovah thy god . finis . notes, typically marginal, from the original text notes for div a33241e-190 some have compared the covenant to an old almana●k out of date but it was never in date : not good the first yeer when it was made . a in the oath ministred to the present lord mayor . b theod. li . 4. c 32. hist. e cc. c zenoph . expeded . cyr. 3. & cyr. 4. d salust . bell . iugurth . ● philip . comin ▪ livre. 7. notes for div a33241e-790 a pro. 14. 12. b alsted . theol. cas ▪ c 15. quest . 2. c arist. in rhetor . ad allex . c. 18. d cic. ●r . 3. offic. e dent . 6. ●3 . & 10. 20. ps●l . 62 ▪ 12. f aristot . de interp . l. 2. c. 2. g lev. 19. 14. h pro. 28. 10. i digest . l. 2. tit. 14 de pa●tis ; cicero ▪ l. 3 k synopsis pr● disp. 20. p. ●20 . l pro. 20. 25. m pourtract . pa. 78. n 3 volum : conc. cop excomm●●de haeret . o 2 volum : conc. f. 136. 2. 15. 216. 530. p l. manich. l. quicunq : in l. fine . c. de haeret . q def c. 3. l 4. de rom. pont. sect. tertius . lib 3. de verb dei . c. 8. sect. excutimus . ſ explicat . decalog. . 3. praec . p. 90 ▪ t gen. 9. 6. u num. 35. 31. x deut. 19. 13 y rom. 14. 23. a iohan. bapt. foleng in psa. 64. pa. 236. b decemb 27. 1643. pa. 18. c fest ▪ christ . ca ▪ 3 pa ▪ 14. d de haer ▪ a civil . mag. p●nicn●is . e victor : de persecut . vandalic . f topic . l. 2. c. 23. g explicat . decalog. . 3 prae . pa. 90. h l. non dubium c. de ll. l. iubemus nulli . k pourtract . pag. 38. l ier. 7. 4. 9. m ambrose in li de virg. n offic l. 3. ier. 42. p comment. in mat. 10. v. 17. q ins●itut li 4. c. 11. ●ect. 5. and 15. r bern. in cant. ſ august . epist. 65. amminiamus li ▪ 25. u histor. fr. l. 1 hen. 3. p. 14. y seneca de ira a sen. de cle. b ex themistii dicto apud socrat. eccl. hist. 3 c. 21. c discourse about tolerat . p 53. 54. d pourtract p. 78. e serm before the house of commons . nov. 17. 1640. upon ier. 50. 5 f in lib. iosh. c. 2. hom. 11. p. 13. g syntag. theol. l. 9. c. 23. p. 628. h comment. on exo ch. 20. quaest. 4 p. 294. i 1. confide●emus in aur ▪ de tri●nte . k ad plausitum l. 3. l confut. petti c. 14. p. 18. m cusan . exercit . l. 6. n bellarm. de iust l. 1. c. 7. o bellar ▪ de pont l. 4. c. 3. p th : bozius l. 18. de sig. ec. c. 16. q boz . l 16. c. ● r de ●ivi● . dei . li . 21. c. 26. & in enchirid ▪ c 69. s mr. ley defensive doub●s ▪ p ▪ ●9 . 100. t comment. upon exo. ch. 20. quest . 7. p 295. u august . in ser. de collat. x ames . cons. l. 4. c. 22. y l. non dubium ▪ c ▪ de 11. l. iubemus nulli . a de verb . o● ▪ ligat . b instit l. 4. c. 13. sect. 20. c the impiety of impunity . est . d 1 thes. 4. 4. 6. e ovid . de a●te amand. l 3. f discourse about toleration , p 51. g sum : theol : compen : alt : part . 2. part . cap. 89. p. 222. h comment. ad heb. c. 6. v. 16. i heb. 6. 16. k on the com. 3. p 75. l confut. of anabapt. . m philip . 3. 16 n rom. 15. 1. o mr. john ley defensive doubting . pag. 11. p the minist. and professors of aberdene in their generall demands , pag. 14. q defensive doubts , touching the late oath of the sixth canon , pag. 6. 7. r generall demands of the ministers of aberdene . pag. 29. ſ alsted . ●as c. 15. pag. 288. t ●●●on . syntag l 9. c. 2 3. u comment. in gen. 24. v. 8 a defensive doubts , p. 36. b exposition on com. 3. p. 79. c alsted cas. c. 15. p. 288. d confut. of the anab●p . e the general demands of the ministers and profess . of aberd p 37. f dr. hall of episcop . par . 2. p. 47. ibid. par . 1. p. 63. g mr. child : his answer to charitie maintained . p. 82. h kings large declarat . p. 319. i peltius in harmon . remonstr. . & so ●in . excus. ludg. bat. 1633. k whitg . repl. to t. c. p. 299 559. l episcop part . 3 p. 34. m defence of his sermon . l. 1. c 8. p. 139. n defence of the three innocent cerem . epistle to the non-conform o ainsw. on exo. 20. v. 5. p in a book called , mercy and truth , or charity maintained . see mr. chillin . preface in answer to it , pag. 12. q vindication of the london ministers , p. 6. r centarie p. 4 ſ pag. 9. t pag 26. u pag. 18. a clerico clas. p. 7. 8. b vindication of london minist. from the aspersions of john price pa. 70. c ibid p. 31. d ibid. 47. e p. 68. f p. 46. g pag. 39. h the minist. and profess . of aberdine in their generall demands . p. 14. i mr. ley defensive doubts . p , 109. k hist. concil. trident. l. 2. p. 212. l the explanation of the oath in scotland in the kings large declar. p. 328. m the kings declaration of the tumults in scotl. p. 177 n ibid. p. 347. o the minist. and professors of aberdene in their generall demands , pag. 14. p regul. . juris . ●● . q vindication of the london ministers , p. 36 r l. meminerint 6. c unde vi . ſ l. prohibitum c. de iur : fife . l. quemadmodum 39. s : magist : ad l. aquil. l. nec mag 32 ▪ de injur. . t marantius dis. 1. n. 35. u d. d. iason n 19. dec n. 26. ad l. ut vim de iust . & jur . x mr. hookers preface before his eccles pol. fol. 5. p. 1. y answer to the scots commis. p. 16. a exposition on iude , v. 8. b ezra 1. 3 , 4. 2 chron 36. 23. c ezra 8. 21. d ezra 9 ▪ 1 , 2 , 3. e ezra 10. 1 , 2. 10 , ●1 , 12. 18 , 19 , &c. f neh. 8. 1. 3 , 5 , 7 , 8 , 9 , 12. g neh. 9. from v. 1. to 38. h ch 9 39. i neh. 10. 28 , 29. k 2 chron. 30. 5. 11. 1. l ver. 12. m ver. 25. n 2 chron. 34. 30 , 31 , 32. o 2 kin 23. 3. p 2 chron. 34. 30. q see the oath of the late 6. canon . r ● chron. 15. 9. 12 , 13. deut. 13. 6 , 7 , 8 , 9. exod. 22. 20. & 31. 14. levit. 24. 16. deut. 17. 23. 45. ſ in 2 am , 2 ae , disp. quaest 11. punct. . 3. t de tripl . virtut . tract 1. disp. 23 sect. 2. u inst. moral : tom. 1. l. 8 c. 14. x summa part . 3. tract. 1. quae . 6. & 9. y in 2 am , ● ae , disp. 56. dab ▪ 1. a de trip virt. . tract 3. disp. 12. sect. 12. b 2 chron. 15 15. c psal. 101. 8 : d 2 sam 7. 1 , 2 , 3 , 6. 1 ver. 14. f tex : in c. quando iure●ur m ▪ 6. tandem l. 1. g bl : cons : 133 col 2. h isidor etiam c. non est . 22. q. 4 in c. cum contingat 20. jus . decret. l. 2 ▪ c. 2 fol 157. p. 2. col . 2. i auth sacram ▪ publ . c. si advers. vendit . k baron . annal. tom. 6. an ▪ 449. nu . 12. col . 83. l the coun of challons , can. 18. p. 560. symps . of the church . m act : and mon. p. 1021. 1022. n thomas 22. quaest . 8. art. 4 selnec . parte 1. paedag. . p 75. o martyr . in loc. com . p. 240. ll. minime peccat . p psal 5 ● q mr. bakewel against the anabaptist . r h●nr . velsten po● . deca . 6. qu 9 p 192 ſ l. 11. sect. circa de except . doli tes●em . t oleaster in exod. 20. v. 7. u august : in decollatione iohan. bapt : & habetur 22. q. 5 , ille qui . x serm ▪ de perjuriis . y isa. 9. 16. a levit 26. 25 isa. 24 5 and 33. 8. ier 11. ●0 , 11. & 34. 18 , 19 , 20 ezek 16 ▪ 59 ▪ & 17 16. 18 , 19. amos 1. 9 ▪ mal 2. 10. matth. 5 33. rom. 1. 31. b in th ministers of london their letter to his excellencie ▪ p. 6. c ezek. 17. 14 , 15. 18. 19. d ambr. de virg l. 3. explicat . c tech . par . 3. pa. 655. e comment. in matt. 14. 10. four treat. pag. 54. f chemnit . harm evang. c 74. p. 1071. g corn . a lapid : in mar. c. 6. v 26 h philo de leg. special . i letter to his excell p. 1. k vindication epistle . l 2 thes. 3. 1 ▪ 2 act. 13. 46. m 1 chron. 28 12. hebr. 3. 2. isa 35. 8. n psal. 2. 8. col 1 18. o mat. 28. ulc . p mat. 28. 19. 1 cor. 11 28. matt. 7. 6. q 1 cor. 5. 4 , 5. &c. r gen. 9. 6. ſ letter to his excellencie , pa. 6. vindication of the ministers of london . pa. 28. ſ letter of the london ministers to his excell : pag 11 6. t lavat in lib. ●o●uae , c 9. hom 39 p 42. u iudg 2 ●2 . 14. 2 sam 2● . 1 , 2. 9. 14. 1 king. 9 20. x in d●u : 20 ▪ n 4 in ios 9 n 9 ▪ y annot : o●● dent 20 1● . a 2 chron. 36. 10. b ezek. 17. 19 , 20. see a book entitled , justice advanced , wherein the parliaments proceeding against the king is justified by scripture , law and reason . c see a declar. of the parl in answ : to the scots commis. pag 16. d suos deos , aut novos aur 〈◊〉 〈◊〉 〈◊〉 cic●●o●li . a de ●egibus . e rev. 13. 16 , 17. f article 21. g baron annal : som : 2. an 254. nu : 75. col. 504. h deut. 28. 58. the great danger of covenant-refusing, and covenant-breaking. presented in a sermon preached before the right honourable thomas adams lord mayor, and the right worshipfull the sheriffes, and the aldermen his brethren, and the rest of the common-councell of the famous city of london, jan. 14. 1645. upon which day the solemne league and covenant was renued by them and their officers with prayer and fasting at michael basinshaw, london. / by edmund calamy, b.d. and pastor of aldermanbury london. great danger of covenant-breaking, &c. calamy, edmund, 1600-1666. this text is an enriched version of the tcp digital transcription a78965 of text r200648 in the english short title catalog (thomason e327_6). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 122 kb of xml-encoded text transcribed from 26 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a78965 wing c254 thomason e327_6 estc r200648 99861335 99861335 113468 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a78965) transcribed from: (early english books online ; image set 113468) images scanned from microfilm: (thomason tracts ; 53:e327[6]) the great danger of covenant-refusing, and covenant-breaking. presented in a sermon preached before the right honourable thomas adams lord mayor, and the right worshipfull the sheriffes, and the aldermen his brethren, and the rest of the common-councell of the famous city of london, jan. 14. 1645. upon which day the solemne league and covenant was renued by them and their officers with prayer and fasting at michael basinshaw, london. / by edmund calamy, b.d. and pastor of aldermanbury london. great danger of covenant-breaking, &c. calamy, edmund, 1600-1666. [8], 40 p. printed by m.f. for christopher meredith at the signe of the crane in pauls-church-yard., london, : 1646. subsequently published as: the great danger of covenant-breaking, &c. annotation on thomason copy: "1645"; the second 6 in imprint date crossed out. reproduction of the original in the british library. eng solemn league and covenant (1643) -sermons -early works to 1800. bible. -n.t. -timothy, 2nd iii, 3 -sermons. sermons, english -17th century. fast-day sermons -17th century. a78965 r200648 (thomason e327_6). civilwar no the great danger of covenant-refusing, and covenant-breaking.: presented in a sermon preached before the right honourable thomas adams lord calamy, edmund 1646 21308 4 35 0 0 7 0 51 c the rate of 51 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-04 tcp assigned for keying and markup 2007-04 aptara keyed and coded from proquest page images 2008-08 john latta sampled and proofread 2008-08 john latta text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the great danger of covenant-refusing , and covenant-breaking . presented in a sermon preached before the right honorable thomas adams lord mayor , and the right worshipfull the sheriffes , and the aldermen his brethren , and the rest of the common-councell of the famous city of london , jan. 14. 1645. upon which day the solemne league and covenant was renued by them and their officers with prayer and fasting at michael basinshaw , london . by edmund calamy , b. d. and pastor of aldermanbury london . psal. 76. 11. vow , and pay unto the lord your god . eccl. 5. 4 , 5. when thou vowest a vow unto god , deferre not to pay it , for he hath no pleasure in fooles ; pay that which thou hast vowed . better it is that thou shouldest not vow , then that thou shouldest vow and not pay . london , printed by m. f. for christopher meredith at the signe of the crane in pauls-church-yard . 1646. to the right honovrable thomas adams lord mayor , and to the right worshipfull the sheriffes and the aldermen his brethren , and the rest of the common-councell . i read in the book of nehemiah , that when the wall of jerusalem was in building , the builders met with so much opposition , that they were forced to build with their weapons in one hand , and with their working tools in the other . they had enemies from without , and they had secret enemies amongst themselves . they met with many discouragements ; but god carried them through all , and at last they finished the wall to the confusion of their enemies , and the rejoycing of their friends . nehemiah's condition is our condition . the discipline and government of the church , is to the church as a wall is to a city . a city without wals is exposed to every enemy : so is the church without a government . this wall is now in building : the parliament ( blessed be god ) hath contributed very much to this building ; but yet we meet with mountains of opposition , and with many discouragements . our enemies say , what doe these feeble presbyterians meane ? will they fortifie themselves ? will they make an end in a day ? will they revive the stones out of the heaps of the rubbish which are burnt ? even that which they build , if a fox goe up , he shall even break down their stone-wall . our enemies also raise false reports to weaken the hands of the builders , and to make us afraid , as they did , neh. 6. 6. 10. they say , that the presbyterian government ( which is the government that comes neerest the word , and the government of the best reformed churches ) will prove tyrannicall , and episcopall . and that it is better to be under one bishop then under a hundred . but we answer , as nehemiah did , neh. 4. 4. hear ô our god , for we are despised ; and turn their reproach upon their own head . and as neh. 6. 9. now therefore , ô our god , strengthen our hands . but that which is worser then this , is ; that our seeming friends seek to undermine us , and to terrifie us , and say , as neh. 4. 11. they shall not know , neither see , till we come in the midst among them , and slay them , and cause the work to cease . and others are ready to discourage us , and say as it is , neh. 4. 10. and judah said , the strength of the bearers of burdens is decayed , and there is much rubbish , so that wee are not able to build the wall . it is impossible ( say some ) to purge our churches according to the rule , they are so full of rubbish , and therefore it is better and safer to study separation from , rather then reformation of our churches . but yet notwithstanding all these oppositions , and discouragements , i doubt not but god almighty will in his due time finish this wall of his , and so perfect his own work , that all the enemies thereof shall cast down their eies , and perceive that this work was wrought of our god , neh. 6. 16. for the effecting of this blessed work , god hath raised us up a happy parliament . and also god hath raised you up ( right honourable , right worshipfull , and the rest of the common councell ) and hath raised up your spirits to strengthen our hands to this work , and to build the wall together with us , ( each of us in our places ) that so the church may no longer lye waste , and open to all errors and heresies , and that we may be no longer a reproach to all other reformed churches . this work by your help will quickly bee finished , as it is written , neh. 4. 6. so we built the wall , and all the wall was joyned together unto the half thereof , for the people had a minde to the work . the times wherein you live are indeed very troublesome : but be not discouraged ; for it is foretold , dan. 9. 25. that the wall of jerusalem shall be re-built , even in troublous times . and let me say to you as mordecai to esther , esther 4. 14. who knoweth whether god hath not raised you up to be mayor , to be sheriffs , aldermen , and common councell men for such a time as this is ? go on courageously , and god will trouble those that trouble you , and bring good to you , and to the church out of these troubles . we reade of the pool of bethesda , that when the water was troubled , then it became a healing water . the untroubled water , was an unhealing water . so will god doe with you ; he will make the troubled waters of the sanctuary to become healing waters : insomuch as we all shall say , periissemus nisi periissemus ; we should have been undone had we not been undone . onely be strong and of a good courage : i say it again , be strong and of a good courage . i say it the third time ( for so did god to joshua in 4 verses , joshuah 1. 6 , 7 , 8 , 9. be strong of a good courage . the lord hath made you instruments to doe much good for church and state ; the same god make you every day more and more instrumentall . and be not terrified and dismayed because of the many heresies and errors that are in the city . for as when the wall of jerusalem was once built , all their enemies did immediately vanish into nothing , neh. 6. 16. so when the wall of the church shall be once erected , i doubt not but these prodigious errours will all vanish . and as when the sun ariseth , all wilde beasts goe to their dens ; so when the bright sun of christs kingly government shall appear in our horizon , i trust all these beastly errours will betake themselves to their dens of obscurity and oblivion . it was said of augustus , that when he was first emperour he found rome in a poor condition , but he left it in a glorious condition ; invenit lateritiam , sed reliquit marmoream . my prayer shall be ( and oh that god would hear me ! ) that you may be able to say , when i was first mayor , or first sheriffe , or first common-councell man , i found the city a city full of division , full of profanenesse , full of errors and heresies ; but now i shall leave it full of truth , full of holinesse , and a city at unity within it selfe . inveni lateritiam , reliqui marmoream . for the better bringing of this to passe , you did lately renue your solemne league and covenant ; at which time this ensuing sermon was preached . since which time , not only the sermon , but the preacher of it , hath undergone many harsh and bitter censures . it is the wickednesse of these dayes to build their own designes upon the ruine of other mens good name . but surely god will never prosper such bloody practises . it is said of antiochus , a vilde person , dan. 11. 28. that his heart shall be against the holy covenant . we have many amongst us , that in this are like unto antiochus , whose hearts , tongues , and hands , are not only against our solemne league and covenant ; but against all that preach for it , or write in the defence of it . there is indeed a covenant that some do much contend for , and make the very form of a particular church , without which a church cannot be a true church , which is called a church-covenant . for my part , i conceive that whosoever shall say , that a church-covenant ( i meane an oath expressed by formal words ) is an ordinance of christ , and necessary to the very being of a visible church ; doth not only un-church most of the churches of jesus christ , but doth also set up his own invention for an ordinance of christ . in the new testament we reade of no such church-oath at the admission of members . and there is no place in the old testament ( for ought i could ever reade ) that speaks of a church-oath to be taken at our admission into church-fellowship . indeed we have mention made of a nationall covenant , and of the covenant of grace , and of subscribing with our hands unto the lord . but what are these to a church-oath ; without which , no man is to be accounted a church-member , or to have right to the seales of the covenant of grace ? to urge this as an ordinance of christ , is to set our posts by gods posts , and our threshold by gods threshold , ezek. 43. 8. but if i should expatiate any further in this point , i should exceed the limits of an epistle , and therefore i forbear . my hearty desire is , that this covenant which you have now taken the second time , may be carried about you in continuall remembrance . and that it may serve in stead of a thousand arguments to make you zealously serviceable , to god , to church , and state . it is reported of theseus , that he was so taken with the wonderfull works of hercules , that he could not sleep for thinking of the wonders of hercules ; and when he slept , he dreamt of hercules wonders ; and was never satisfied till he had imitated him in working wonderfull things also . and it is also related of themistocles , that he had alwayes in his thoughts by night and by day , the victories of miltiades , and this made him insatiable till he had imitated him . oh that you would thus deale with the covenant ! that you would think of it in your bed , in your closets , in your walks ; and think of what particulars you have sworn unto , and never leave thinking untill you have fully performed your oath and covenant . and if you keep covenant with god , the great god will keep covenant with you , and all the blessings of the covenant which are mentioned in the book of god , which is the book of the covenant , shall be your portion for ever and ever . which is the prayer of your much obliged spirituall servant edm. calamy . the great danger of covenant-refusing , and covenant-breaking . 2 tim. 3. 3. — truce-breakers ; or , covenant-breakers . you are here met this day , to humble your soules before the lord , and to renue your solemne league and covenant ; i say , to renue it , and take it the second time . it is no unusuall thing for the people of god to repeat and reiterate their vows and covenants . the great and solemne vow which we made to god in baptisme , is renued every time we come to the lords supper . and upon every fast day wee binde our selves anew to god by covenant . the people of israel entred into covenant , ezra 10. 3. and the same people ( as chronologers observe ) did re-engage themselves in the same covenant , neh. 10. the scripture tels us , that almighty god did * six times make one and the same covenant with abraham ; and sware the same covenant twice to isaac , gen. 26. 4. 34. and therefore blessed be the great god who hath put it into your hearts to engage your selves a second time into a nationall covenant . there are six reasons to justifie this dayes solemnity before god and all that require satisfaction about it . 1. because this nationall covenant hath been a long time as it were dead and buried and quite forgotten amongst most people . and therefore it is high time to raise it out of the grave of forgetfulnesse : and i hope this day will be to the covenant as a resurrection from the dead . 2. because of the great scorn and contempt that is cast upon it by divers sorts of people . the malignants call it a conspiracy ; others , though not malignants , yet maligne the covenant , and call it a snare , a trap , a temptation , and account it a signe of a tender conscience to boggle at it , and of a loose conscience to swallow it without scruple . and therefore to vindicate the honour and reputation of the covenant , and to wipe off the aspersions that are cast upon it , you doe well to take it the second time . 3. because there are some that do openly professe their sorrow that ever they took it , and would fain recant and retract what they have done . and therefore to manifest that you are still of the same judgement , and that you doe not repent of what you have done , you doe well to take it the second time . 4. because of the pronenesse that is in all men ( even the best of men ) to break covenant with god . a covenant indeed is a golden girdle to tye us fast to god ; it is a joyning and glewing our selves to the lord . the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} which signifieth an oath , comes from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} which signifieth a hedge . an oath and covenant is a strong hedge to keep us from breaking out into disobedience . it is an entring into bond to become the lords ; it is a binding our selves apprentice to god . voluntas ( saith aquinas ) per votum immobiliter firmatur in bonum . but yet notwithstanding , the nature of the best man is very apt to break these bonds , and to run away from his great lord and master , to suffer this hedge to decay , and this golden girdle to loosen and untye , and to disjoyne and unglew himself from god . and therefore it is not only commendable , but very necessary ( and for this cause you are met this day ) to enter into bond the second time , to binde and inroll your selves again unto the lord ; to make up this hedge , to tye this golden girdle yet faster , and to joyn and glew your selves once more unto the lord in a perpetuall covenant never to be forgotten . it is reported of bishop hooper , that when he was at the stake to be burnt , the officers offered to tye him to the stake : but he said , you need not tye me , for that god that call'd me hither will keep me from stirring ; and yet because i am partly flesh , i am willing you should tye me fast , lest i should stir . so may the best christian here present say : lord i am carnall , sold under sinne , i have broken those golden cords of the covenant with which i have tyed my selfe unto thee . though i am spirit , yet am i flesh also : and therefore i come to binde my selfe anew . as dalilah dealt with sampson , &c. so do i desire to deale with my self , and to tye my self yet faster and faster to god , if by any meanes i might be kept firme to him . 5. because of the many glorious deliverances and salvations which god hath vouchsafed unto us . for since june last , we have had about 60 considerable blessings and mercies ▪ which all are as 60 arguments to call upon us not only to renue our thankfulnesse , but our covenant also . thus the people of israel , when god had delivered them out of egypt , renued their covenant at horeb , exod. 19. and when they were delivered from their wildernesse-enemies , deut. 29. and the same people did afterwards , when god had given them the possession of canaan , re-oblige themselves by a covenant , josh. 24. 6. because of the sad condition the church of god is in at this time . for though god hath given us glorious victories over our enemies , yet the churches of christ lye desolate , church-reformation is obstructed , church-discipline unsetled , church-divisions increased . the famous city of london is become an amsterdam , separation from our churches is countenanced , toleration is cried up , authority lyeth asleep . and therefore it is high time to take the covenant again , that so you may endeavour with renued strength , as one man , vigorously and courageously , for the setling of the tottering ark according to the sphere of capacitie in which god hath put you . you shall reade in scripture , that the people of god did never any great service for the church till they renued their covenant ; and you shall never read but that they did very great and glorious services for the church , after the renuing of their covenant with god . in zerubbabels time the temple-work ceased for many yeares ; but after ezra and nehemiah caused the people to enter into covenant with god , it went on prosperously and uninterruptedly . what famous things did the people of god after jehojada had drawn them into a covenant ! 2. kings 11. 7. 18. all the people of the lord went into the house of baal , and brake it downe , his altars and his images brake they in pieces throughly , &c. the like we reade of asa , 2 chron. 15. 14 , 15 , 16. and of king josiah , 2 chron. 34. 31 , 32 , 33. and thus i doubt not but you will endeavour to do in an orderly way according to your places . these are the arguments to justifie this dayes work before god to all the christian world . to help you in this , so pious , so christian , so necessary , so solemne a businesse , i have chosen this text . in the beginning of the chapter the apostle tels us the condition that the church of god should be in , in the last dayes . this know also , that in the last dayes perilous time shall come . in the second verse he tels us the reason why these times should be such hard and dangerous times ; for men shall be lovers of themselves , covetous , &c. the reason is not drawn from the miseries and calamities of the last times , but from the sins and iniquities of the last times . it is sin and iniquity that makes times truly perilous . sin , and sin onely , takes away gods love and favour from a nation , and makes god turn an enemy to it . sinne causeth god to take away the purity and power of his ordinances from a nation . sin makes all the creatures to be armed against us , and makes our own conscience to fight against us . sin is the cause of all the causes of perilous times . sin is the cause of our civill warres , 2 sam. 12. 11. sin is the cause of our divisions , james 4. 1. sin is the cause why men fall into such dangerous errours , 2 thess. 2. 11. sin brings such kinds of judgements which no other enemy can bring . sin brings invisible , spirituall , & eternall judgements . it is sin that makes god give over a nation to a reprobate sense . sin makes all times dangerous . let the times be never so prosperous , yet if they be sinfull times , they are times truly dangerous . and if they be not sinfull , they are not dangerous though never so miserable . it is sin that makes afflictions to be the fruits of gods revenging wrath , part of the curse due to sin , and a beginning of hell . it is sin , and sin only , that imbitters every affliction . let us for ever look upon sin through these scripture-spectacles . the apostle in four verses reckons up 19 sins , at the causes of the miseries of the last dayes . i may truly call these 19 sins , englands looking-glasse , wherein we may see what are the clouds that eclipse gods countenance from shining upon us : the mountains that lye in the way to hinder the settlement of church-discipline . even these 19 sins which are as an iron whip of 19 strings , with which god is whipping england at this day ; which are as 19 fagots , with which god is burning and devouring england . my purpose is not to speak of all these sins : only let me propound a divine project how to make the times truly happy , for soul and body . and that is , to strike at the root of all misery , which is sin and iniquity . to repent for , and from all these 19 sins , which are as the oyl that feedeth , & encreaseth the flame that is now consuming of us . for because men are lovers of themselves , vsque ad contemptum dei & reipublicae . because men drive their own designes not only to the neglect , but contempt of god , and the common-wealth . because men are covetous , lovers of the world more then lovers of god . because they are proud in head , heart , looks , and apparell . because they are unthankfull , turning the mercies of god into instruments of sin , and making darts with gods blessings to shoot against god . because men are unholy and heady , and make many covenants , and keep none . because they are ( as the greek word signieth ) devils , acting the devils part in accusing the brethren , and in bearing false witnesse one against another . because they have a form of godlinesse denying the power thereof , &c. hence it is that these times are so sad and bloody . these are thine enemies , ô england , that have brought thee into this desolate condition ! these are the sins that will recruit the kings army , if ever it be recruited : and if ever god lead us back into the wildernesse , it will be because of these sinnes . and therefore if ever you would have blessed dayes , you must make it your great businesse to remove these 19 mountains , and to repent of these land-devouring , and soul-destroying abominations . at this time i shall pick out the first , and the tenth sin to speak on . the first is selfe-love , which is placed in the fore-front ; as the cause of all the rest . selfe-love is not only a sin that makes the times perilous , but it is the cause of all those sins that make the times perilous . for because men are lovers of themselves , therefore they are covetous , proud , unholy , &c. the tenth sinne is truce-breaking , and for feare lest the time should prevent me , i will begin with this sinne first . the tenth sin then is truce-breakers , or , as rom. 1. 33. covenant-breakers . the greek word is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which signifieth three things . first such as are foederis nescii , as beza renders it ; or as others , infoederabiles ; that is , such as refuse to enter into covenant . or secondly , such as are foedifragi , qui pacta non servant , ( as estius hath it ) or sine fide , as ambrose ; that is , such as break faith and covenant . or thirdly , such as are implacabiles , or as others , sine pace ; that is , such as are implacable , and haters of peace . according to this three-fold sense of the word , i shall gather these three observations . doct. 1. that to be a covenant-refuser , is a sin that makes the times perilous . doct. 2. that to be a covenant-breaker , is a sin that makes the times perilous . doct. 3. that to be a peace-hater , or a truce-hater , is a sin that makes the times periloùs . to begin with the first . doctrine the first . that to be a covenant-refuser , is a sinne that makes the times perilous . to be foederis nescius , or infoedederabilis . for the understanding of this , you must know that there are two sorts of covenants . there are devillish and hellish covenants , and there are godly and religious covenants . first , there are devillish covenants , such as acts 23. 12. and isaiah 28. 15. such as the holy league ( as it was unjustly called ) in france against the hugonites , and that of our gun-powder traitors in england : such are our oxford covenants for the destruction of the parliament , and godly party . now to refuse to take such covenants , is not to make the times perilous , but the taking of them makes the times perilous . secondly , there are godly and religious covenants ; such as job 31. 1. i have made a covenant with mine eyes , why then should i thinke upon a maid ? such as psal. 119. i have sworne i will perform it , that i will keep thy righteous judgements ; such as 2 chron. 15. 14. and such as this is , which you are met to take this day . for you are to sweare to such things which you are bound to endeavour after , though you did not swear . your swearing is not solum vinculum , but novum vinculum , is not the onely , but onely a new and another bond to ty you to the obedience of the things you sweare unto ; which are so excellent and so glorious , that if god give those that take it a heart to keep it , it will make these three kingdomes the glory of the world . and as one of the reverend commissioners of scotland said when it was first taken in a most solemn manner at westminster , by the parliament and the assembly ; that if the pope should have this covenant written upon a wall over against him sitting in his chair , it would be unto him like the hand-writing to belshazzar ; causing the joints of his loynes to loose , and his knees to smite one against another . and i may adde , that if it be faithfully and fully kept , it will make all the devils in hell to tremble , as fearing lest their kingdome should not long stand . now then for a man to be an anti-covenanter , and to be such a covenant-refuser , it must needs be a sin that makes the times perilous . and the reason is , 1 because you shall find in scripture that when any nation did enter into a solemn religious covenant , god did exceedingly blesse and prosper that nation after that time ; as appeares , 2 chron. 15. 19. 2 kings 11. 20. and we have a promise for it , deut. 29. 12 , 13. that thou shouldest enter into covenant with the lord thy god , &c. that he may establish thee to day for a people unto himselfe , and that he may be unto thee a god , &c. and therefore to be a covenant-refuser , is to make our miseries perpetuall . 2 because as it is the highest act of gods love to man , to vouchsafe to engage himselfe by oath and covenant to be his god , so it is the highest demonstration of mans love to god , to bind himselfe by oath and covenant to be gods . there is nothing obligeth god more to us , then to see us willing to ty and bind our selves fast unto his service . and therefore they that in this sense are anticovenanters , are sons of belial ; that refuse the yoake of the lord , that say , as psalm . 2. 3. let us breake his bands asunder , and cast away his cords from us ; such as oderunt vincula pietatis , which is a soul-destroying , and land-destroying sin . 3 because that the union of england , scotland , and ireland , into one covenant , is the chief , if not the onely preservative of them at this time . you shall find in our english chroniclers , that england was never destroyed , but when divided within it self . our civill divisions brought in the romans , the saxons , danes , and normans . but now the anti-covenanter , he divides the parliament within it self , and the city within it self , and england against it self ; he is as a stone separated from the building , which is of no use to it self , and threatneth the ruine of the building . jesus christ is called in scripture the corner-stone , which is a stone that unites two ends of a building together ; jesus christ is a stone of union , and therefore they that sow division , and study unjust separation , have little of jesus christ in them . when the ten tribes began to divide from the other two tribes , they presently began to warre one against another , and to ruine one another . the anticovenanter he divides , and separates , and disunites ; and therefore he makes the times perilous . the use is , 1 to reprove those that refuse to enter into covenant with god ; and more particularly , those that refuse to take this solemne league and covenant . these are of two sorts . 1. such as refuse it out of malignity : 2. such as refuse it out of unnecessary scrupulosity ; that raise and foment doubts , to hinder themselves and others from taking it . as for the first , i will not call your goodnesse and my charity so much in question , as to spend time about them . and for the second , i conceive that those that scruple it , are amongst the number of those that are absent , and therefore i should but idle away precious time to satisfie the objections of those that are not present , to recover satisfaction . there are some men of whom i may say as the apostle doth to the galatians , gal. 1. 6. i marvell that you are so soon removed from him that called you , &c. and as gal. 4. 15. i beare you record , that if it had been possible , you would have plucked out your own eyes , and given them to me ; am i therefore become your enemy , &c. so may i say of many : i wonder and marvell to see how suddenly they are changed from that good opinion they once had of the covenant ; for i bear thē record , that there was a time when they not onely took it willingly , but would have hazarded their very lives in defence of it ; how is it then that the covenant is become an enemy to them , and they unto the covenant ? surely the change is not in the covenant , but in the covenanters . i have much to say in defence of it , and did say much when it was first taken ; which now to repeat will not be usefull , and i believe for the company here present , very unnecessary ; and therefore i forbeare . the second use is to exhort you to be covenant-takers this day , and to take it with these qualifications . 1. solemnly , and seriously , and tremblingly ; as in gods presence , ezra 10. 3. 2. with hearty griefe and sorrow for all our former apostasies and covenant-breakings , jer. 50. 4. 5. 3. with judgement and understanding , neh. 10. 28. rightly informed of the true sense and meaning of every particular . 4. with a full assurance that it is an act very pleasing unto god , and that god is much honoured by it . 5. freely and cheerfully , as they did , 2 chron. 15. 14. 6. faithfully and sincerely , with all your hearts and soules , and with your whole desire ; 2 chron. 15. 12. 2 chron. 34. 31 , 32. with a purpose to joyn your selves to the lord in a perpetuall covenant , never to be forgotten . jer. 50. 5. as for motives to perswade you to the practice of these things , and for rules and directions about the manner of taking of it , i shall leave them wholly to my reverend brother who is to succeed ; who will undertake this work fully and at large . my chief aym is at the second doctrine , which is , that for a covenant-taker to be a covenant-breaker , is a sin that makes the times perilous . for the opening of this point , i must distinguish again of covenants . there are civill , and there are religious covenants . a civill covenant , is a covenant between man and man ; and of this the text is primarily , though not onely to be understood . now for a man to break promise and covenant with his brother , is a land-destroying , and soule devouring abomination . we read 2 sam. 21. that because saul had broken the covenant that joshuah made with the gibeonites , god sent a famine in davids time of three yeares continuance : to teach us , that if we falsifie our word and oath , god will avenge covenant-breaking , though it be forty yeares after . famous is that text , jer. 34. 17 , 18 , 19 , 20. because the princes and the people brake the covenant which they had made with their servants ( though but their servants ) god tels them . because ye have not hearkned unto me in proclaiming liberty every one to his brother , &c. behold , i proclaim liberty for you , saith the lord to the sword , to the pestilence , and to the famine ; and i will make you to be removed into all the kingdomes of the earth ; &c. we read also ezek. 17. 18 , 19 , 20. that god tels zedekiah because he brake the covenant he had made with the king of babylon , that therefore he would recompence upon his head the oath that he had despised , and the covenant that he had broken , & would bring him to babylon , and plead with him there for the trespasse which he had trespassed against the lord . david tels us , ps. 15. 4. that it is a sin that shuts a man out of heaven . the turkish histories tell us of a covenant of peace made between amurath the great turk , and ladislaus king of hungary ; and how the pope absolved ladislaus from his oath , and provoked him to renue the warre . in which war the turk being put to the worst , and despairing of victory , puls out a paper which he had in his bosome wherein the league was written ; and said , o thou god of the christians , if thou beest a true god , be revenged of those that without cause have broken the league made by calling upon thy name . and the story saith , that after he had spoken these words , he had as it were a new heart and spirit put into him , and his souldiers , and that they obtained a glorious victory over ladislaus . thus god avenged the quarrel of mans covenant . the like story we have of rodolphus duke of suevia , who by the popes instigation waged war with henry the fourth emperour of germany , to whom he had sworn the contrary . the pope sent a crown to him with this motto : petra dedit petro , petrus diadema rodolpho ; but in the fight it chanced that rodolphus lost his right hand ; and falling sick upon it , he called for it , and said , spectate hanc dextram legitima supplicia expendentem , quae fidem sacramento munitam , & henrico domino meo datam , vobis urgentibus , praeter aequum & jus temere violavit . behold this right hand with which i subscribed to the emperour , with which i have violated my oath , and therefore i am rightly punished . i will not trouble you in relating the gallant story of regulus , that chose rather to expose himselfe to a cruell death , then to falsifie his oath to the carthaginians . the summe of all is , if it be such a crying abomination to break covenant between man and man , and if such persons are accounted as the off-scouring of men , not worthy to live in a christian , no not in a heathen common-weal : if it be a sin that drawes down vengeance from heaven , and excludes a man from heaven ; much more for a man to enter into a covenant with the great jehovah , and to break such religious engagement ; this must needs be a destroying and souldāning sin . and of such religious covenants i am now to speak there are two covenants that god made with man , a covenant of nature , and a covenant of grace . the covenant of nature ( or of works ) was made with adam , and all mankind in him . this covenant adam broke , and god presently had a quarrell against him for breaking of it , gen. 3. 8 , 9. and to avenge the quarrell of the covenant , he was thrust out of paradise ; and there was a sword also placed at the east end of the garden of eden , to avenge covenant-breaking . and by nature we are all children of wrath , heirs of hell , because of the breach of that covenant . and therefore we should never think of originall sin , or of the sinfulnesse and cursednesse of our naturall condition , but we should remember what a grievous sin covenant-breaking is . but after man was fallen , god was pleased to strike a new covenant , which is usually called a covenant of grace , or of reconciliation ; a copy of which you shall read , ezek. 16. 7 , 8 , 9. this was first propounded to adam by way of promise , gen. 3. the seed of the woman shall bruise the serpents head . and then to abram by way of covenant , gen. 17. in thy seed shall all the nations of the world be blessed . and then to moses by way of testament , exod. 33. it is nothing else but the free and gracious tender of jesus christ and all his rich purchases to all the lost and undone sons of adam , that shall beleeve in him ; or , as the phrase is , isai. 56. 4. that shall take hold of the covenant . now you must know that baptisme is a seal of this covenant , and that all that are baptized , doe sacramentally at least engage themselves to walk before god , and to be upright ; and god likewise engageth himself to be their god . this covenant is likewise renued when we come to the lords supper , wherein we bind our selves by a sacramentall oath unto thankfulnesse to god for christ . adde further , that besides this generall covenant of grace whereof the sacraments are seales , there are particular and personall , and family , and nationall covenants . thus job had his covenant , job 20. and david , psal. 119. 106. and when he came to be king , he joyned in a covenant with his people , to serve the lord . thus asa , jehoiada , and josiah , &c. thus the people of israel had not onely a covenant in circumcision , but renued a covenant in horeb , & in moab ; and did often again and again bind themselvs to god by vow and covenant . and thus the churches of the christians , besides the vow in baptisme , have many personall and nationall engagements unto god by covenant , which are nothing else but the renovations , and particular applications of that first vow in baptisme . of this nature is the covenant you are to renue this day , &c. now give me leave to shew you what a sword-procuring , and soul-undoing sinne , this sin of covenant-breaking is ; and ethen th reason of it . famous is that text , levit. 26. 25. and i will send my sword which shall avenge the quarrell of my covenant . the words in the hebrew run thus : i will avenge the avengement . in greek {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the latin , ulciscar ultionem ; which importeth thus much . that god is at open war and at publique defiance with those that break his covenant ; he is not onely angry with them , but he will be revenged of them . the lord hath a controversie with all covenant-breakers , hos. 4. 1. or as it is , lev. 26. 23. the lord will walk contrary to them . in the 29. of deuter. first god takes his people into covenant , and then he tels them of the happy condition they should bee in if they did keep covenant . but if they did breake couenant , he tels them , verse 20 , 21 , 22 , 23 , 24 , 25. that the lord will not spare him ; but the anger of the lord and his jealousies shall smoak against that man , and all the curses that are written in this book shall lie upon him , and the lord shall blot out his name from under heaven . and the lord shall separate him , &c. and when the nations shall say , wherefore hath the lord done thus unto this land ? what meaneth the heat of this great anger ? then shall men say , because they have forsaken the covenant of the lord god of their fathers , &c. this was the sin that caused god to send his people of israel into captivity , and to remove the candlestick from the asian churches . it is for this sin that the sword is now devouring germany , ireland , and england , &c. god hath sent his sword to avenge the quarrell of his covenant . the reasons why this sin is a god-provoking sin are , because that to sinne against the covenant , is a greater sinne then to sin against a commandement of god , or to sin against a promise , or to sin against an ordinance of god . first , it is a greater sin then to break a commandement of god . for the more mercy there is in the thing we sin against , the greater is the sin . now there is more mercy in a covenant , then in a bare commandement . the commandement tels us our duty , but gives no power to doe it . but the covenant of grace gives power to doe what it requires to be done . and therefore if it be a hell-procuring sin to break the least of gods commandements , much more to be a covenant-breaker , heb. 10. 28 , 29. secondly , it is a greater sin then to sin against a promise of god , because a covenant is a promise joyn'd with an oath , it is a mutuall stipulation between god and us . and therefore if it be a great sin to break promise , much more to break covenant . thirdly , it is a greater sin then to sin against an ordinance , because the covenant is the root and ground of all the ordinances . it is by virtue of the covenant that we are made partakers of the ordinances . the word is the book of the covenant , and the sacraments are the scales of the covenant . and if it be a sin of an high nature to sin against the book of the covenant and the seales of the covenant , much more against the covenant it selfe . to break covenant is a fundamentall sinne , it raseth the very foundation of christianity , because the covenant is the foundation of all the priviledges , and prerogatives , and hopes of the saints of god . and therefore we reade , ephes. 2. 12. that a stranger from the covenant is one without hope . all hope of heaven is cut off where the covenant is willingly broken . to break covenant is an universall sin , it includes all other sins . by virtue of the covenant , we tye our selves to the obedience of gods commandements , we give up our selves to the guidance of jesus christ , we take him for our lord and king . all the promises of this life and that that is to come , are contained within the covenant . the ordinances are fruits of the covenant . and therefore they that forsake the covenant , commit many sins in one , and bring not only many , but all curses upon their heads . the summe of the first argument is : if the lord will avenge the quarrell of his commandement , if god was avenged upon the stick-gatherer for breaking the sabbath , much more will he be avenged upon a covenant-breaker . if god will avenge the quarrell of a promise , if the quarrell of an ordinance : if they that reject the ordinances shall be punished ; of how much severer punishment shall they be thought worthy , that trample under their feet the blood of the covenant ? if god was avenged of those that abused the ark of the covenant , much more will he punish those that abuse the angell of the covenant . the second reason why covenant-breaking is such a land-destroying sin is , because it is a most solemne and serious thing to enter into covenant with god ; a matter of such great weight and importance , that it is impossible but god should be exceedingly provoked with those that slight it and dis-respect it . the vow in baptisme is the first , the most generall and the solemnest vow that ever any christian took , saith chrysostome ; wherein he doth not only promise , but engage himselfe by covenant in the sight of god and his holy angels to be the servant of jesus christ , and therefore god will not hold him guiltless that breaks this vow . the solemnity & weightinesse of covenant-taking consisteth in three things . 1. because it is made with the glorious majesty of heaven and earth , who will not be trifled and baffled withall . and therefore what jehosaphat said to his judges , 2 chron. 19. 6. take heed what you doe , for ye judge not for men , but for the lord , who is with you in judgements ; wherefore now let the fear of the lord be upon you , &c. the like i may say to every one that enters into covenant this day . take heed what you doe , for it is the lords covenant , and there is no iniquity with the lord , wherefore now let the fear of the lord be upon you . for our god is a holy god , he is a jealous god , he will not forgive your transgressions , nor your sins , as joshua saith , josh. 24. 19. 2. because the articles of the covenant are weighty and of great importance . in the covenant of grace god ingageth himself to give christ , and with him , all temporall , spirituall , and eternall blessings , and we engage our selves to be his faithfull servants all our dayes . in this covenant we oblige our selves to do great matters that neerly concerne the glory of god , the good of our own soules , and the happinesse of three kingdomes . and in such holy and heavenly things which so neerly concerne our everlasting estate , to dally and trifle must needs incense the anger of the great jehovah . 3. the manner used both by jewes , heathen , and christians , in entring into covenant , doth clearly set out the weightinesse of it , and what a horrible sin it is to break it . the custome amongst the jewes will appear by divers texts of scripture : jer. 34. 18. it is said , and i will give the men that have transgressed my covenant , which have not performed the worde of the covenant which they had made before me , when they cut the calfe in twain , and passed between the parts thereof . the words they used when they passed between the parts were , so god divide me , if i keep not covenant . neh. 5. 12. nehemiah took an oath of the priests , and shook his lap and said , so god shake out every man from his house , and from his labour , that performeth not this promise , even thus be he shaken out and emptied . and all the congregation said , amen . in the 15 of genesis abraham divided the heifer , and shee-goat , and a ram , &c. and when the sun was down ; a smoaking furnace and burning lampe passed between these pieces . this did represent gods presence , saith clemens alexandrinus , and it was as if god should say : behold , this day i enter into covenant with thee , and if thou keepest covenant , i will be as a burning lampe to illighten and to comfort thee : but if thou breakest covenant , i will be like a smoaking furnace to consume thee . thus also exod. 24. 6. moses makes a covenant with israel , and offers sacrifices , and takes the blood of the sacrifice and divides it , and half of it he sprinkles upon the altar , ( which represented gods part ) and the other half he sprinkled upon the people , as if he should say , as this blood is divided , so will god divide you if you break covenant . this was the custome amongst the jewes . amongst the romans , caesa firmabant foedera porca . and when it was divided , the feciales gave one half to one party , and the other half to the other , and said , so god divide you asunder if you break this covenant , and let god doe this so much the more by how much he is the more able . hinc foedus à foedo animali ( scilicet porco ) diviso . sometimes they did make covenants by taking a stone in their hands and saying , if i make this covenant seriously and faithfully , then let the great jupiter blesse me . if not , so let me be cast away from the face of the gods as i cast away this stone . this was called jurare per jovem lapidem . all these things are not empty notions , and metaphoricall shadowes , but reall and substantiall practises , signifying unto us , that god will , and must ( for it stands with his honor to do it ) divide and break them in pieces that break covenant with him . this day you are to take a covenant by the lifting up of your hands unto the most high god , which is a most emphaticall ceremony , whereby we do as it were call god to be a witnesse and a judge of what we do , and a rewarder or a revenger , according as we keep or break the covenant . if we keep it , the lifting up of our hands will be as an evening sacrifice ; if we break it , the lifting up of our hands will be as the lifting up of the hands of a malefactor at the bar , and procure woe and misery and wringing of hands at the great day of appearing . the third reason why god will be avenged of those that are covenant-breakers , is , because that a covenant is the greatest obligation , and the most forcible chain that can be invented to tye us to obedience and service . god may justly challenge obedience without covenanting by virtue of creation , preservation , and redemption ; he hath made us , and when lost , he hath purchased us with his blood . but being willing more abundantly to manifest his love , and that we might be the more fastned to him , he hath tyed himself to us , and us to him by the strong bond of a covenant ; as if god should say , oh ye sons of men , i see you are rebellious , and sons of belial , and therefore if it be possible , i will make you sure . i will engage you unto me , not only by creation , preservation and redemption , but also by the right of covenant and association . i will make you mine by promise and oath . and surely he that will break these bonds , is as bad as the man possessed with the devill in the gospel , whom no chaines could keep fast . when we enter into covenant with god , we take the oath of supremacy , and swear unto him that he shall be our chief lord and governour , and that we will admit of no forein power or jurisdiction , but that god shall be all in all . we likewise take the oath of allegiance to be his servants and vassals , and that he shall be our supreame in spirituals and temporals . now for a christian that believes there is a god , to break both these oathes of allegiance and supremacy , it is cursed treason against the god of heaven , which surely god will be avenged of . amongst the romans , when any souldier was pressed , he took an oath to serve his captaine faithfully , and not to forsake him , and he was called miles per sacramentum . sometimes one took an oath for all the rest , and the others only said , the same oath that a. b. took , the same do i. and these were called milites per conjurationem , or milites evocati . and when any souldier forsook his captain , he had martiall law executed upon him . thus it is with every christian : he is a professed souldier of christ , he hath taken presse-money , he hath sworn and taken the sacrament upon it to become the lords , he is miles per sacramentū , & miles per conjurationem . and if he forsake his captaine and break covenant , the great lord of hosts will be avenged of him , as it is written , jer. 11. 3. cursed be the man that obeyeth not the words of this covenant . to break covenant is a sin of perjury , which is a sin of a high nature ; and if for oathes the land mourneth , much more for breach of oathes . to break covenant is a sin of spirituall adultery ; for by covenanting with god we do as it were joyne our selves in mariage to god , as the hebrew word signifieth , jer. 50. 5. now to break the mariage knot is a sin for which god may justly give a bill of divorce to a nation . to break covenant is a sin of injustice ; for by our covenant we do enter as it were into bond to god , and engage our selves as a creditor to his debtor , now the sin of injustice is a land-destroying sin . the fourth reason why god must needs be avenged of those that are covenant-breakers , is , because it is an act of the highest sacriledge that can be committed . for by virtue of the covenant the lord layes claime to us as his peculiar inheritance , ezek. 16. 8. i sware unto thee , and entred into covenant with thee , and thou becamest mine . ier. 31. 33. i will be their god and they shall be my people . it is worthy observation , that in the covenant there is a double surrender , one on gods part , another on our part . god almighty makes a surrender of himself , and of his sonne , and of the holy ghost . behold , saith god , i am wholly thy god ; all my power , and wisdome , and mercy , and goodnesse , &c. is all thine , my son is thine , and all his rich purchases . my spirit is thine and all his graces . this is gods surrender . on our parts , when we take hold of the covenant , we make a delivery of our bodies and soules into the hands of god , we choose him to be our lord and governour , we resigne up our selves into his hands . lord we are thine at thy disposing ; we alienate our selves from our selves , and make a deed of gift of our selves , and give thee the lock and key of head , heart , and affections , &c. this is the nature of every religious covenant , but especially of the covenant of grace . but now for a christian to call in as it were his surrender , to disclaime his resignation , to steale away himself from god and to lay claim to himself after his alienation ; to fulfill his owne lusts , to walk after his owne wayes , to do what he lists , and not what he hath covenanted to do , and so to rob god of what is his , this is the highest degree of sacriledge , which god will never suffer to go unpunished . and surely if the stick-gatherer , that did but alienate a little of gods time ; and ananias and sapphira , that withheld but some part of their estate : and if belshazzar for abusing the consecrated vessels of the temple were so grievously punished ; how much more will god punish those that alienate themselves from the service of that god to whom they have sworn to be obedient ? it is observed by a learned author , of three famous commanders of the romans , that they never prospered after they had defiled and robbed the temple of jerusalem . first , pompey the great , he went into the sanctum sanctorum , a place never before entred by any but the high priest , and the lord blasted him in all his proceedings after that time . vt ille qui terram non habuit ante ad victoriam , deesset illi terra ad sepulturam : that he that before that time wanted earth to overcome , had not at last earth enough to bury him withall . the next was crassus , who took away 10000 talents of gold from the temple , and afterwards dyed , by having gold poured down his throat . the third was cassius , who afterwards killed himself . if then god did thus avenge himself of those that polluted his consecrated temple ; much more will he not leave them unpunished that are the living temples of the holy ghost , consecrated to god by a covenant , and afterwards prove sacrilegious , robbing god of that worship and service which they have sworn to give him . the fifth reason why this sin makes the times perilous is , because covenant-breakers are reckoned amongst the number of those that have the mark of reprobation upon them . i do not say that they are all reprobates ; yet i say that the apostle makes it to be one of those sins which are committed by those that are given up to a reprobate minde , rom. 1. 28. 31. the words are spoken of the heathen , and are to be understood of breaking of covenants made between man and man . but then the argument will hold à fortiori . if it be the brand of a reprobate to break covenant with man , much more to break a covenant made with the great jehovah by the lifting up of our hands to heaven . the last reason is , because it is a sin against such infinite mercy , such bowels of gods unexpressible mercy . it is said , jer. 31. 32. which covenant they brake , although i was a husband to them . that is ; although i had chosen them for my spouse , and married my self unto them with an everlasting covenant of mercy , and intailed heaven upon them , yet they have broken my covenant . this was a great provocation . thus ezek. 16. 4 , 5. when thou wast in thy blood and no eye pitied thee to have compassion upon thee , i said unto thee when thou wert in thy blood , live ; yea , i said unto thee , live . it is twice repeated . as if god should say , mark it o israel , when no eye regarded thee , then i said unto thee , live . behold , saith god , verse 8. thy time was the time of love . behold and wonder at it , and i spread my skirt over thee , and covered thy nakednesse : yea , i sware unto thee , and entred into covenant with thee , saith the lord , and thou becamest mine . and yet for all this thou hast sinned grievously against me . woe , woe unto thee , saith the lord god , ezek. 16. 23. there is a , five fold mercy in the covenant , ( especially in the covenant of grace ) that makes the sinne of covenant-breaking to be so odious . 1. it is a mercy that the great god will vouchsafe to enter into covenant with dust and ashes . as david saith in another case , is it a sleight matter to be the son in law of a king ▪ so may i say , is it a sleight matter for the lord of heaven and earth to condescend so far as to covenant with his poor creatures , and thereby to become their debtors , and to make them as it were his equals ? when jonathan and david entred into a covenant of friendship , though one was a kings son , the other a poor shepherd , yet there was then a kinde of equality between them . but this must be understood warily , according to that text 2 cor. 1. 9. blessed be god who hath called us into the fellowship of his son jesus christ our lord . he is still our lord , though in fellowship with us . it is a covenant of infinite condescension on gods part , whereby he enters into a league of friendship with his people . 2. the mercy is the greater , because this covenant was made after the fall of adam ; after we had broken the first covenant . that the lord should try us the second time , is not only an act of infinite goodnesse in god , but of infinite mercy . there is a difference between the goodnesse and the mercy of god . goodnesse may be shewed to those that are not in misery : but mercy supposeth misery . and this was our condition after the breach of the first covenant . 3. that god should make this covenant with man , and not with devils . 4. this sets out the mercy of the covenant , because it containes such rare and glorious benefits , and therefore it is called a covenant of life and peace , mal. 2. 5. an everlasting covenant , even the sure mercies of david , esay 55. 3. it is compared to the waters of noah , esay 54. 9. famous are those two texts , exod. 19. 5 , 6. ier. 32. 40 , 41. texts that hold forth strong consolation . by virtue of the covenant , heaven is not only made possible , but certain to all believers , and certain by way of oath . it is by virtue of the covenant that we call god father ; and may lay claim to all the power , wisdome , goodnesse , and mercy , &c. that is in god . as iehoshaphat told the king of israel , to whom he was joyned in covenant , i am as thou art , my people as thy people , my horses as thy horses : so doth god say to all that are in covenant with him ; my power is thine , my goodnesse is thine , &c. by virtue of this covenant , whatsoever thou wantest , god cannot deny it thee , if it be good for thee . say unto god , lord , thou hast sworne to take away my heart of stone , and to give me a heart of flesh . thou hast sworn to write thy law in my heart , thou hast sworn to circumcise my heart , thou hast sworn to give me christ to be my king , priest , and prophet , &c. and god cannot but be a covenant-keeper . by virtue of this covenant , god cannot but accept of a poor penitent sinner laying hold upon christ for pardon , 2 chron. 7. 14. jer. 3. 14. promissa haec tuasunt , domine ; & quis falli timet cum promittit ipsa veritas ? in a word , we may challenge pardon , and heaven by our covenant ; 1 john 1. 9. god is not only mercifull , but just to forgive us . we may challenge heaven through christ out of justice . 5. adde lastly , that the conditions of the covenant on our parts should be upon such easie termes , therefore it is called a covenant of free-grace . all that god requires of us , is to take hold of this covenant ; is . 56. to receive this gift of righteousnesse , rom. 5. to take all christ as he is tendred in the covenant . and that which is the greatest consolation of all , god hath promised in his covenant to do our part for us . jer. 31. 33 , 34. therefore it is called a testament rather then a covenant . ( in the new testament the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is alwayes used by the apostle , and not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ) heaven is conveyed unto the elect by way of legacie ; it is part of gods testament to write his law in our hearts , and to cause us to walk in his wayes , &c. put these things together . seeing there is such infinite mercy in the covenant . a mercy for god to enter into covenant with us , to doe it with us and not the angels , with us fallen , with us upon such easie termes ; and to make such a covenant , that contains so many , and not only so , but all blessings here and hereafter in the wombe of it ; it must needs be a land-destroying and soul-destroying sin to be a covenant-breaker . the use and application of this doctrine is foure-fold . if it be such a land-devouring sin to be a covenant-breaker , let us from hence learn the true cause of all the miseries that have hapned unto england in these late yeers . the wombe , out of which all our calamities are come . england hath broken covenant with god , and now god is breaking england in pieces , even as a potter breakes a vessell in pieces . god hath sent his sword to avenge the quarrell of his covenant . as christ whipt the buyers and sellers out of the temple , with whips made of the cords which they brought to tye their oxen and sheep withall . a covenant is a cord to ty us to god , and now god hath made an iron whip of these cords which we have broken asunder to whip us withall . we are a nation in covenant with god , we have the books of the covenant , the old and new testament ; we have the seales of the covenant , baptisme , and the lords supper . we have the messengers of the covenant , the ministers of the gospell . we have the angell of the covenant , the lord jesus christ fully and clearly set out before us in the ministery of the word . but alas , are not these blessings amongst us , as the ark was amongst the philistines , rather as prisoners , then as priviledges ; rather in testimonium & ruinam , quam in salutem , rather for our ruine , then for our happinesse ? may it not be said of us , as reverend moulin said of the french protestants ; while they burned us ( saith he ) for reading the scriptures , we burnt with zeale to be reading of them : now with our liberty is bred also negligence and disesteem of gods word ? so it is with us . while we were under the tyranny of the bishops , oh how sweet was a fasting-day ! how beautifull were the feet of them that brought the gospell of peace unto you ? how dear and precious were gods people one to another , &c. but now how are our fasting-dayes sleighted and vilified ? how are the people of god divided one from another , railing upon ( in stead of loving ) one another ? and is not the godly mininistery as much persecuted by the tongues of some that would be accounted godly , as heretofore by the bishops hands ? is not the holy bible by some rather wrested then read ? wrested i say by ignorant and unstable soules , to their own destruction . and as for the seales of the covenant . first , for the lords supper ; how often have we spilt the bloud of christ by our unworthy approaches to his table ? and hence it is , that he is now spilling our blood . how hard a matter is it to obtain power to keep the blood of christ from being profaned by ignorant and scandalous communicants ? and can we think that god will be easily intreated to sheath up his bloody sword , and to cease shedding our blood ? secondly , for the sacrament of baptisme ; how cruell are men grown to their little infants , by keeping of them from the seale of entrance into the kingdome of heaven , and making their children ( their own children ) to be just in the same condition with the children of turks and infidels ? i remember at the beginning of these warres , there was a great fear fell upon godly people about their little children , and all their care was for their preservation , and their safety ; and for the continuance of the gospell to them , &c. but now our little children are likely to be in a worser condition then ever . the oxford army labour to steale away the gospell from them , and the anabaptist labours to steale away the seale of the covenant of grace from them ; and that which is worser then all , there are some godly people love to have it so . and all this is come upon us as a just punishment of our baptismall covenant-breaking . and as for jesus christ who is the angell of the covenant : are there not some amongst us that un-god jesus christ ? and is it not fit and equall that god should un-church us , and un-people us ? are there not thousands that have sworne to be christs servants , and yet are in their lives the vassals of sin and satan ? and shall not god be avenged of such a nation as this ? these things considered , it is no wonder our miseries are so great , but the wonder is , that they are no greater . the second use , is an use of examination . dayes of humiliation ought to be dayes of selfe-examination . let us therefore upon such a day as this is , examine whether we be not amongst the number of those that make the times perilous , whether we be not covenant-breakers ? here i will speak of three covenants : first , of the covenant we made with god in our baptisme . secondly , of the covenants which we have made with god in our distresses . thirdly , and especially of this covenant which you are to renue this day . first , of the covenant which we made in baptisme , and renue every time we come to the lords supper , and upon our solemn dayes of fasting . there are none here , but i may say of them , the vowes of god are upon you . you are servi nati , empti , jurati ; you are the born , bought , and sworn servants of god , you have made a surrender of your selves unto god and christ . the question i put to you is this : how often have you broke covenant with god ? it is said , isaiah 33. 14. the sinners of sion are afraid : who shall dwell with everlasting burnings ? who shall dwell with devouring sire , &c. when god comes to a church-sinner , to a sinner under the old testament , much more to a christian sinner ; a sinner under the new testament : and layeth to his charge his often covenant-breaking , fearfulnesse shall possesse him , and he will cry out ▪ oh! woe is me , who can dwell with everlasting burnings ? our god is a consuming fire , and we are as stubble before him . who can stand before his indignation ? ( nahum 1. 6. ) who can abide in the fiercenesse of his anger ? when his fury is poured forth like fire , and the rockes are throwne down before him . who can stand ? of all sorts of creatures , a sinfull christian shall never be able to stand before the lord , when he comes to visit the world for their sins . for when a christian sinnes against god , he sins not only against the commandement , but against the covenant . and in every sin he is a commandement-breaker , and a covenant-breaker . and therefore whereas the apostle saith , tribulation and anguish upon every soule that sinneth , but first upon the jew ; &c. i may adde ; first upon the christian , then upon the jew , and then upon the grecian ; because the covenant made with the christian is called a better covenant ; and therefore his sins have a higher aggravation in them . there is a notable passage in austin , in which he brings the devill thus pleading with god against a wicked christian at the day of judgement . aequissime judex , judica quod aequum est , judica meum esse qui tuus esse noluit post renunciationem ; vt quid invasit pannos meos ? quid apud eum lascivia , incontinentia , &c. quibus ipse renunciaverit ? quid intemperantia , quid gula , quid fastus , quid caetera mea ? haec omnia mea post renunciationem invasit . meus esse voluit , mea concupivit ; judica , aequissime judex , quoniam quem tu non dedignatus es tanto pretio liberare , ipse mihi postmodum voluit obligare . that is , oh thou righteous judge , give right judgement ! judge him to be mine , who refused to be thine even after he had renounced me in his baptisme ; what had he to doe to wear my livery ? what had he to doe with gluttony , drunkennesse , pride , wantonnesse , incontinencie ; and the rest of my ware ? all these things he hath practised since he renounced the devill and all his works . mine he is , judge righteous judgement ; for he whom thou hast not disdained to dye for , hath obliged himselfe to me by his sins , &c. now what can god say to this charge of the devils , but , take him devill , seeing he would be thine ; take him , torment him with everlasting torments ? cyprian brings in the devill thus speaking to christ at the great day of judgement , ego pro istis quos mecum vides nec alapas accepi , nec flagella sustinui , nec crucem pertuli , nec sanguinem fudi , sed nec regnum coeleste illis promitto , nec ad paradisum evoco , & tamen se mihi suaque omnia consecrarunt . i have not ( saith the devill ) been whipt and scourged , and crucified , neither have i shed my blood for these whom thou seest with me . i do not promise them a kingdome of heaven , &c. and yet these men have wholly consecrated themselves to me and my service . indeed if the devill could make such gainfull covenants with us , and bestow such glorious mercies upon us as are contained within the covenant , our serving of satan and sinne might have some excuse . but when as his covenant is a covenant of bondage , death , hell , and damnation : and gods covenant is a covenant of liberty , grace , and eternall happinesse , it must needs be a sin inexcusable , to be willingly and wilfully such a covenant-breaker . secondly , let us examine concerning the vowes which we have made to god in our distresses : in our personall distresses , and our nationall distresses . are we not like the children of israel of whom it is said , psal. 78. 34. when he slew them , then they sought him , and they returned and enquired early after god , &c. neverthelesse they did but flatter him with their mouth , &c. for their heart was not right with him , neither were they stedfast in his covenant ? are we not like unto little children , that while they are whipping will promise any thing , but when the whipping is over will perform nothing ? or like unto iron that is very soft and malleable while it is in the fire , but when it is taken out of the fire , returns presently to his former hardnesse ? this was jacobs fault : he made a vow when he was in distresse , gen. 28. 22. but he forgat his covenant , and god was angry with him , and chastised him in his daughter dinah , gen. 34. 5. and in his two sons simeon and levi . and at last god himself was fain to call to him from heaven to keep covenant . and after that time god blessed iacob exceedingly , gen. 35. 9 , 10 , 11 , 12. we reade of david , psal. 66. 13 , 14 , 15. that he professeth of himself , that he would go into gods house , and pay the vowes which his lips had uttered , and his mouth had spoken when he was in trouble . but how few are there that imitate david in this thing ? thirdly , let us examine our selves concerning the solemne league and covenant which we are to renue this day . and here i demand an answer to these questions . 1. are there not many amongst us that scorn it and speak reproachfully of it ? that deal with it as the children of israel did with manna , which at first they did so highly value , as that they could not be kept within doors from gathering of it , no not upon the sabbath day ; but afterwards they came to loathe it as much as ever before they loved it . and do not we deal so with the covenant ? 2. are there not some that write against it , and that say in effect , that the perjury that is committed about it , is rather in taking of it then in breaking of it , and that it was not a right , but a rash oath ? which i speak not only to the shame of those that write thus , but also to the shame of those that suffer such things to be written and to go unquestioned . 3. are there not some that put corrupt glosses upon it , and deale falsely in the covenant ? that say , that by virtue of the covenant all ministers are bound to renounce their ministery , ( even that ministery which god hath blessed and put his seale unto by the conversion of thousands ) and either to take it up again by ordination from the people ; or if we finde no warrant in the word for that way , then to turn seekers , and to wait till god send apostles to ordain ministers ? and yet these men cannot but know that the parliament in their ordinance for ordination of ministers , have declared , that this is not the meaning of the covenant . others there are that say ; that by virtue of the covanant no man ought to pay tythes to his minister unlesse he will incurre the sin of perjury . these men may as well say , that by the covenant no tenant ought to pay rent to his landlord , and that no man ought to keep the laws of the realm . for we challenge our tythes by virtue of the laws established , &c. we challenge a sufficient maintenance by gods law . but as for the tenth part ( though there are some that say much out of the scripture for it ) yet we require it as due only by the laws of the kingdome . 4. are there not some that deal hypocritically in the covenant ? that take it meerly to serve their own turns , to save their credits , or to save their estates , or to hide their malignancy ? that are like unto the samaritans , of whom it is reported , that when the jewes were in adversity , they would renounce the jewish religion and all alliance with them : but when the jewes were in prosperity , then they would pretend kindred , and professe themselves to be of the iewish religion . just so do many oxford-malignants deal with the parliament . while we are in prosperity , they are covenanters , and for the parliament . but if ever god should bring us again into a low condition , they would quickly appear to be anti-covenanters and anti-parliamenters . i have heard a story of a gaoler , that being required either to take the covenant , or to leave his place ; he consulted with his fellow drunkard about it ; and he answered , that he could not deny but that the taking of the covenant was a very bitter pill : but seeing there was no remedy , his advice was , to swallow it down and not to think on it . and shall not god be avenged of such a nation as this ? but the great question , and that which doth most nearly concerne us that are here , is ; 5. are we not covenant-breakers ? do we not make the times perilous by our falsifying of our oath and covenant with god ? in our covenant we swear to six things . 1. that we will endeavour to be humbled for our own sins and for the sins of the kingdome . but where shall we finde a mourner in england for his own abominations , and for the abominations that are committed in the midst of us ? it is easie to finde a censurer of the sins of the land , but hard to finde a true mourner for the sins of the land . secondly , we swear that we will endeavour to goe before one another in the example of a reall reformation . but who makes conscience of this part of the oath ? what sin hast thou left , or in what one thing hast thou bin reformed since thou tookest this covenant ? we read , ezra 10. 3. that they entred into covenant , to put away their wives & their children by them : which was a very difficult and hard duty , and yet they did it . but what bosome sin , what beloved sin , as dear to thee as thy dear wife and children , hast thou left for gods sake since thou tookest this oath ? i read nehem. 5. 13. that the people took an oath to make restitution , which was a costly duty , and yet they performed it , saith the text . but alas ! where is the man that hath made restitution of his ill gotten goods since he took this covenant ? i reade , 2 chron. 15. 16. that king asa deposed his mother maachah , her , even her , from being queen , after he had entred into covenant : and that the people , 2 kings 11. 18. after they had sworn a covenant , brake in pieces all the altars of baal thoroughly . but where is this thorough reformation , this thorough amendment of life ? indeed here is much talk of a reformation , but little practice of a reformation . we say we fight for a reformation ; but i fear lest in a little time we should fight away all our reformation : or if not fight it away , yet we should dispute it away . for now all our religion is turned into vtrum's , into questions , insomuch as that there are some that call all religion into question , and in a little while will lose all religion in the crowd of questions . inter disputandum veritas , & religio amittitur . there was a time not many years agoe , when god did blesse our ministery in the city , to the conversion of many people unto god ; but now there are many that study more to gain parties to themselves , then to gain souls to god . the great work of conversion is little thought on . and never so few ( if any at all ) converted as in these days wherein we talk so much of reformation . and is this to keep covenant with god ? 3. we sweare to endeavour to amend the lives , and reforme not only our selves , but all those that are under our charge . but where is this family-reformation ? indeed i reade of jacob , that when he went to perform his vow and covenant , he first reformed his family , gen. 35. 3. and that joshua resolved ( and performed it ) for himself and his family to serve the lord . and so did josiah , 2 chron. 34. and oh that i could adde , and so do we ! but the wickednesses committed in our families , proclaim the contrary to all the world . what noblemans , what aldermans , what merchants family is more reformed since the covenant , then before ? we speak and contend much for a church-reformation ; but how can there be a church-reformation , unlesse there be first a family-reformation ? what though the church-worship be pure , yet if the worshippers be impure , god will not accept of the worship ? and if families be not reformed , how will your worshippers be pure ? 4. we swear to 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 , &c. but are there not some that write against an vniformity in religion , and call it an idoll ? are there not many that walk professedly contrary to this clause of the covenant ? there are three texts of scripture that people keep the quite contrary way . the first is , mat. 6. 34. 31. 25. take no thought what you shall eat , &c. take no thought for to morrw . and most people take thought for nothing else . the second text is , matth. 6. 33. seek ye first the kingdome of god and his righteousnesse , &c. and most people seek this last of all . the third text is , john 6. 27. labour not for the meat that perisheth , but for the meat that endureth for ever ▪ &c. and most people labour not for the meat that endureth for ever , but for the meat that perisheth . as these three texts are kept , so do many people keep this part of the oath ; for there were never more divisions and differences in the church , never more difformity , and pleading against vniformity , then now there is . 5. we swear to endeavour the extirpation of popery , prelacy , superstition , heresie , schisme , &c. and yet not withstanding there are some that have taken this oath , that contend earnestly for a toleration of all religions : which ( as i conceive ) is as contrary to this clause of the covenant as heaven is to hell . 6. we swear against a detestable indifferency and neutrality in this cause which so much concerneth the glory of god , &c. and yet how many are there amongst us that are like unto gallio , that care not what becomes of the cause of god , so they may have peace and quiet ? that will not be the backwardest of all , and yet will be sure not to be too forward , for fear lest if the times turn , they should be noted amongst the chief of the faction ? that are very indifferent which side prevaile , so they may have their trading again ? that say as the polititian , that they will be carefull not to come too near the heels of religion , lest it should dash out his braines : and as the king of arragon told beza , that he would wade no farther into the sea of religion , then he could safely return back to shoar ? in all these six particulars let us seriously search and try our hearts , whether we be not amongst the number of those that make the times perilous . the third use is for humiliation . let the consideration of our covenant-breaking , be a heart-breaking consideration to every one of us this day . let this be a mighty and powerfull argument to humble us upon this day of humiliation . there are five considerations that are exceedingly soul-humbling , if god blesse them unto us . 1. the consideration of the many commandements of god that we have often and often broken . 2. the consideration of the breaking of jesus christ for our sins , how he was rent and torn for our iniquities . 3. the consideration of the breaking of the bread , and the pouring out of the wine in the sacrament , which is a heart-breaking motive and help . 4. the broken condition that the kingdome of england , scotland , and ireland , and that germany is in at this time . 5. the many vowes and covenants that we have broken ; our sacrament-covenants , our fasting-covenants , our sick-bed-covenants . and especially the consideration of our often breaking of our nationall-covenant which you come this day to renue . this is a sin in folio , a sin of a high nature : and if ever god awaken conscience in this life , a sin that will lye like a heavie incuba upon it . a greater sin then a sin against a commandement , or against an ordinance . a sin not only of disobedience , but of perjury . a sin of injustice , of spirituall adultery . a sin of sacriledge . a sin of great unkindnesse . a sin that makes us not only disobedient , but dishonest . for we account him a dishonest man that keeps not his word . a sin that not only every good christian , but every good heathen doth abhorre . a sin , that not only brings damnation upon us , but casteth such into horrible disgrace and reproach upon god , that it cannot stand with gods honour not to be avenged of a covenant-breaker . tertullian saith , that when a christian forsakes his covenant , and the colours of christ , and turnes to serve as the devils souldier , he puts an unspeakable discredit upon god and christ . for it is as much as if he should say ; i like the service of the devill better then the service of god . and it is just as if a souldier that hath waged war under a captaine , and afterwards forsaking him turnes to another , and after that , leaves this other captaine and returns to his former captain . this is to preferre the first captain before the second . this makes god complaine , jer. 2. 4. what iniquity have your fathers found in me that they are gone far from me , &c. and in the 11 verse , hath any nation changed their gods , which are yet no gods ? but my people have changed their glory for that which doth not profit . basil brings in the devil insulting over christ , and saying , i never created nor redeemed these men , and yet they have obeyed me , and contemned thee , ô christ , even after they have covenanted to be thine . and then he addes , equidem ego istam futuram adversus christum gloriationem hostis insolentem gravius longè esse statuo quam gehennae supplicia . that is , i esteem this insulting of the devill over jesus christ at the great day , to be more grievous to a true saint , then all the torments in hell . a saying worthy to be written in letters of gold . seeing then that covenant-breaking is so great an abomination , the lord give us hearts to be humbled for this great abomination this day . and this will be a notable preparation to fit you to the renuing of your covenant . for we reade that nehemiah first called his people to fast , before he drew them into a covenant . according to which pattern you are here met to pray , and fast , and humble your soules for your former covenant-breaking ; and then to binde your selves anew unto the lord our god . as wax when it is melted will receive the impression of a seal , which it will not do before : so will your hearts when melted into godly sorrow for your sins , receive the seal of god abidingly upon them , which they will not do when hardned in sin . is every man that sins against the covenant to be accounted a covenant-breaker , and a perjured , sacrilegious person ? by no means . for as every failing of a wife doth not break the covenant between her and her husband ; but she is to be accounted a wife till she by committing adultery break the covenant . so every miscariage against the covenant of grace , or against this nationall covenant , doth not denominate us in a gospell-account covenant-breakers . but then god accounts us according to his gospel to break covenant , when we do not only sin , but commit sin against the covenant , when we do not only sin out of weaknesse , but out of wickednesse ; when we do not only faile , but fall into sin : when we forsake & renounce the covenant , when we deale treacherously in the covenant , and enter into league and covenant with those sins which we have sworn against . when we walk into anti-covenant paths , and willingly do contrary to what we swear ; then are we perjured , & unjust , and sacrilegious , and guilty of all these sins formerly mentioned . the fourth use presents unto you a divine , and therefore a sure project to make the times happy . and that is , let all covenant-takers labour to be covenant-keepers . it hath pleased god to put it in your hearts to renue your covenant . the same god inable you to keep covenant . it is said , 2 chron. 34. 31 , 32. the king made a covenant before the lord , &c. and he caused all that were present in jerusalem and benjamin to stand to it . and 2 kings 23. 3. the king stood by a pillar and made a covenant before the lord , &c. and all the people stood to the covenant . this is your duty , not only to take the covenant , but to stand to the covenant ; and to stand to it , maugre all opposition to the contrary . according to seek the lord god of their fathers , &c. that whosoever would not seek the lord god of israel , should be put to death , whether small or great , whether man or woman . for it is not the taking , but the keeping of the covenant that will make you happy . god is stiled , a god keeping covenant , deut : 9. 4. neh. 1. 5. o that this might be the honour of this city ! that we may say of it , london is a city keeping covenant with god . great and many are the blessings entailed upon covenant-keepers . exod. 19. 5 , 6. now therefore if you will obey my voice indeed , and keep my covenant , then you shall be a peculiar treasure unto me above all people : for all the earth is mine : and ye shall be unto me a kingdome of priests , and an holy nation , &c. psal. 25. 10. all the paths of the lord are mercy and truth unto such as keep his covenant , &c. psal. 15. 4. there are three covenants i shall perswade you in an especiall manner to stand to . 1. the covenant you made with god in baptisme . a christian ( saith chrysostome ) should never step out of doors , or lye down in his bed , or go into his closet , but he should remember that word abrenuncio ; that is , he should remember the time when he did renounce the devill and all his works . oh let us not forget that which we ought alwayes to remember ! let us remember to keep that covenant , as ever we desire god should remember us in mercy at the great day . 2. the covenants which we have made unto god in our afflictions . famous is that passage of pliny in one of his epistles to one that desired rules from him how to order his life aright . i will ( saith he ) give you one rule which shall be instead of a thousand ; vt tales esse perseveremus sani , quales nos futuros esse profitemur infirmi . that we should persevere to be such when we are well , as we promise to be when we are sick . a sentence never to be forgotten . the lord help us to live accordingly . 3. the covenant which you are to take this day . the happinesse or misery of england doth much depend upon the keeping or breaking of this covenant . if england keep it , england by keeping covenant shall stand sure , according to that text , ezek. 7. 14. if england break it , god will break england in pieces . if england sleight it , god wil sleight england . if england forsake it , god will forsake england . and this shall be written upon the tombe of perishing england : here lieth a nation that hath broken the that it is the brand of a reprobate to be a covenant-breaker , &c. it is the part of a foole to vow , and not to pay his vowes . and god hath no delight in the sacrifice of fools . better not vow , then to vow and not to pay , eccl. 5. 4 , 5. it is such an high prophanation of gods name , as that god cannot hold a covenant-breaker guiltlesse . it is perjury , injustice , spirituall adultery , sacriledge , &c. and the very lifting up of your hands this day ( if you do not set heart and hand on work to keep covenant ) will be sufficient witnesse against you at the great day . we reade , gen. 31. 44 , 45 , 46 , 48 , 49 , 52 , 53. that jacob and laban entred into a covenant , and took a heap of stones , and made them a witnesse , & said , this heap is a witnesse , &c. and they called the name of the place mizpah : the lord watch between me and thee , &c. the god of abraham judge betwixt us , &c. such is your condition this day . you enter into covenant to become the lords , and to be valiant for his truth , and against his enemies . and the very stones of this church shall be witnesse against you , if you break covenant . the name of this place may be called mizpah . the lord will watch over you for good , if you keep it , and for evill , if you break it . and all the curses contained in the book of the covenant shall light upon a willing covenant-breaker . the lord fasten these meditations and soul-awaking considerations upon your hearts . the lord give you grace to keep close to the covenant ; & in keeping of it to keep god and a good conscience , wth are both lost by covenant-breaking . there are six things which i shall perswade you unto in pursuance of your covenant . 1. to be humbled for your own sins , and for the sins of the kingdome ; & more especially , because we have not as we ought valued the inestimable benefit of the gospel , that we have not laboured to receive christ in our hearts , nor to walk worthy of him in our lives , which are the causes of other sins and transgressions so much abounding amongst us . gospel-sins are greater then legall-sins , and will bring gospel-curses , which are greater then legall-curses . and therefore let us be humbled according to our covenant for all our gospel-abominations . 2. you must be ambitious to go before one another in an example of reall reformation . you must swear vainly no more , be drunk no more , break the sabbath no more , &c. you must remember what david saith , psal. 50. 16. but unto the wicked god saith , what instruction , and castest my words behinde thee . to sin willingly after we have sworn not to sin , is not only to sin against a commandement , ( as i have said ) but to sin against an oath ; which is à double iniquity , and will procure a double damnation . and he that takes a covenant to reform , and yet continueth unreformed , his covenant will be unto him as the bitter water of jealousie was to the woman guilty of adultery , which made her belly to swell and thigh to rot , &c. numb. 5. 22. 3 , you must be careful to reform your families according to your covenant , and the example of joshua , and jacob , and the godly kings forementioned . 4. you must endeavour according to your places and callings to bring the churches of god in the three kingdoms to the nearest conjunction & uniformity in religion , &c. o blessed vnity ! how comes it to passe that thou art so much sleighted and contemned ? was not unity one of the chief parts of christs prayer unto his father when he was here upon earth ? john 17. 11. is not unity amongst christians one of the strongest arguments to perswade the world to believe in christ , john 17. 21. is it not the chiefe desire of the holy apostles , that we should all speak the same things , and that there should be no divisions amongst us , but that we be perfectly joyned together in the same mind & in the same judgement ? 1 cor. 1. 10. phil. 2. 1 , 2 , 3 , &c. is not unity the happinesse of heaven ? is it not the happinesse of a city to be at unity within it self ? is it not a good & pleasant thing for brethren to dwell together in unity ? how comes it then to passe that this part of the covenant is so much forgotten ? the lord mind you of it this day ! and the lord make this great & famous city a city of holinesse , and a city at unity within it self ! for if unity be destroyed , purity will quickly also be destroyed . the church of god is una as well as sancta . it is but one church as wel as is it a holy church . and jesus christ gave some to be apostles , some evangelists , some prophets , some pastors and teachers , &c. till we all come to the unity of the faith . not only to the purity , but to the unity of the faith . the government of christ is appointed for the keeping of his church in unity as well as purity . those things which god hath joyned together , let no man put asunder . that government which doth not promote unity as well as purity , is not the government of christ . oh the misery of that kingdom where church-divisions are nourished and fomented would it not be a sad thing to see twelve in a family , and one of them a presbyterian , another an independent , another a brownist , another an antinomian , another an anabaptist , another a familist , another for the prelatical government , another a seeker , another a papist , and the tenth it may be an atheist , the eleventh a jew , & the twelfth a turk ? the lord in his due time heal our divisions , & make you his choice instruments according to your places , that the lord may be one , & his name one in the three kingdoms ! 5. you must endeavour in pursuance of your covenant to extirpate popery , prelacy , heresie , schisme , prophanenesse , & whatsoever shall be found contrary to sound doctrine and the power of godlinesse , &c. that so this city may be a city of holinesse , unity , and a city of truth , as is prophecied of jerusalem , zach. 8. 3. oh blessed truth , how is it that thou art so lightly esteemed on ! is not truth more precious then gold , and more to be prized then rubies ? are we not to buy the truth and sell it not ? did not christ come into the world to bear witnesse to the truth ? did not grace and truth come by iesus christ ? is not christ the way , the truth , and the life ? how is it then that truth is fallen in the streets , and equity cannot enter ? how is it that truth faileth , and he that departeth from evill maketh himself a prey ? esay 59. 14 , 15. how is it that men bend their tongues like bowes for lies , but they are not valiant for the truth upon earth ? the lord make you lovers of truth and peace . 6. you must take heed of that cursed monster of indifferency & neutrality . study these six texts of scripture , judg. 5. 23. judg. 8. 6 , 7. 16. deut. 23 3 , 4. jer. 48. 10. mat. 12. 30. mar. 8. 38. o that these scriptures were written in your hearts with a pen of iron ! a neuter in gods cause is a lukewarm christian , whom god will spue out of his mouth ; he is a dead member of christs body , fit to be cut off . oh that the lord would raise up your hearts this day ( right honourable , right worshipfull , and well beloved ) to a high pitch of zeal for him and his cause ! god hath made you instruments to do wonderfull things for this kingdom : you have been the saviours of the kingdom ; you have vindicated the liberties of the parliament , and your own liberties ; and the kings army by your means in a great measure is brought very low . but yet as christ said to the young man , so do i to you : there is one thing wanting : and that one thing is the one thing necessary ; the church is unsetled , discipline unerected , religion is tottering . for zions stir up your zeal and your strength . use your interest and your power in an orderly , and regular , and peaceable way according to your places . and what can you not do ? you have ventured one arrow already , shoot another , and if that miscarry , shoot another , you will speed at last . he that cuts down a tree though he cuts it not down at the first and second blow , yet the first and second and third blow prepare to the speeding blow , to that blow that cuts it down . you have delivered one petition already , deliver another , and if that speed not , deliver another . the speeding petition will come at last . in a word , doe your duties according to your oath , and according to your capacities , ( and all in a regular way ) and leave the issue to god . but some will say , how shall i doe to get up my heart to this high pitch that i may be a covenant-keeper ? i will propound these four helps . 1. labour to be always mindefull of your covenant , according to that text , 1 chron. 16. 15. god is always mindfull of his covenant . it was the great sin of the people of israel , that they were unmindfull of the covenant , neh. 9. 17. they first forgat the covenant , and afterwards did quickly forsake it . he that forgets the covenant , must needs be a covenant-breaker . let us therefore remember it , and carry it about us as quotidianum argumentum , and quotidianum munimentum . first , let us make the covenant a daily argument against all sin & iniquity , and when we are tempted to any sin , let us say , i have sworn to forsake my old iniquities : and if i commit this sin , i am not onely a commandement-breaker , but an oath-breaker ; i am perjur'd . i have sworn to reform my family , and therefore i will not suffer a wicked person to tarry in my family . i have sworn against neutrality , and indifferency , and therefore i will be zealous in gods cause , &c. secondly , let us make this covenant a daily muniment , and armour of defence , to beat back all the fiery darts of the devill . when any one tempts thee by promise of preferment to doe contrary to thy covenant , or by threatning to ruine thee for the hearty pursuing of thy covenant , here is a ready answer ; i am sworn to doe what i doe , and if i doe otherwise , i am a perjured wretch . this is as a wall of brasse to resist any dart that shall be shot against thee for well-doing according to thy covenant . famous he required aid of him against the romanes . when i was 9 years old ( said he ) my father carried me to the altar , and made me take an oath to be an irreconciliable foe to the romanes . in pursuance of this oath , i have waged war against them those . 36 years . to keep this oath i have left my country , and am come to seek aid at your hands , which if you deny , i will travell over all the world to finde out some enemies to the romane state . odi , odioque sum romanis . if an oath did so mightily operate in hannibal , let the oath you are to take this day , work as powerfully upon you ; and make your oath an argument to oppose personall sins , and family sins , and to oppose heresie , schisme , and all profanenesse , and to endeavour to bring the churches of god in the three kingdomes to the neerest conjunction , and uniformity , &c. and let this oath be armour of proof against all temptations to the contrary . and know this one thing , that if the covenant be not a daily argument and muniment against sin , it will become upon your breaking of it , quotidianum testimonium , & aeternum opprobrium . a daily witnesse against you , as the book of the law was , deut. 31. 26. and an everlasting shame and reproach unto you and yours . 2. let us have high thoughts of the covenant . actions , and affections follow our apprehensions . if thy judgement be beleapred with a corrupt opinion about the covenant , thy affections and actions will quickly be beleapred also . and therefore you ought to endeavour according to your places , that nothing be spoken , or written , that may tend to the prejudice of the covenant . 3. you must not take it in your owne strengths , but in gods strength . as it is taken in gods presence , so it must be taken with gods assistance , with selfe-abasing , selfe-denying , selfe-humbling hearts ; you must take it joyfully and tremblingly ; rejoycing in god and in his strength , and yet trembling for fear of your own unworthinesse and unstedfastnesse in the covenant . 4. you must take heed of the cursed sin of selfe-love , which is placed in the fore-front as the cause of all the catalogue of sins here named ; because-men are lovers of themselves , therefore they are covetous , &c. and therefore they are covenant-breakers . a selfe-seeker cannot be a covenant-keeper ; this is a sinne that you must hate as the very gates of hell . of my sermon to speak on : but the time and your other occasions will not permit . there is a naturall selfe-love , and a divine selfe-love , and a sinfull selfe-love . this sinfull self-love is when we make our selves the last end of all our actions , when we so love our selves , as to love no man but our selves , according to the proverb , every man for himself , &c. when we pretend god and his glory , and the common good : but intend our selves , and our own private gain and interest ; when we serve god upon politique designes ; of this sinfull self-love the apostle speaks , phil. 2. 21. for all seek their own , and not the things of jesus christ . and if we had a window to look into the hearts of most people , we should finde their hearts made up all of this idolatrous selfe-love . men deal with god as it is reported of cnidius a great architectist , who building a sumptuous watch-tower for the king of egypt ( a tower to discover the rocks to mariners ) such was his craft , that he caused his own name to be engraven'd upon a stone in the wall , in great letters , and over that stone he caused it to be plaistered with lime and mortar , and upon the outside wrote the name of the king of egypt , as pretending that he should have all the honour . but here was his cunning : he knew that in time the water would consume ( as it did ) the plaistering , and afterwards his own name and memory should appear and abide . just so doe most people deal with god and with his religion , and with the publique . if we looke without doors , we shall see nothing written but pro bono publico , &c. all their discourse is for the better promoting of godlilinesse : but if we could look within , we should see written , pro bono privato , &c. all their designes are for to promote themselves . they monopolize and ingrosse all to themselves , as if made for themselves . where this sinfull self-love dwels , there dwels no love to god , no love to thy brother , no love to church nor state . this sinfull self-love is the caterpillar that destroyeth church and common-wealth . it is from this sinfull self-love that the publique affairs drive on so heavily , and that church-government is not setled , and that our covenant is so much neglected . of this sin i cannot now speak : but when god shall offer opportunity , i shall endeavour to uncase it before you . in the mean time , the lord give you grace to hate it as hell it self . notes, typically marginal, from the original text notes for div a78965e-2250 compare ezra 7. 7. with neh. 1. 1. * gen. 12. 3. 7. 13. 15. 15. 18. 17. 7 , 8. gen. 22. 18. six reasons to justifie the renuing of the covenant . 2 chro. 15. 1. isay 42. 24. 25. iudg. 6. 13. 1 sam. 28. 15 , 16. rev. 2. 5. job 5. 23. rom , 1. 24. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} doct. the first . reason . 1. reason 2. ezek. 16. 8. reason 3. vse . 1. vse 2. doctrine 2. reason 1. reason 2. gen. 15. 10. 17 , 18 , reason 3. reason 4. reason 5. reason 6. vse 1. of information . vse 2. of examination , whether we be covenant-breakers or no . first for the covenant we make in baptisme . concerning our vowes to god in our distresse . concerning the solemne league and covenant . questions about the covenant . quest . 1. quest . 2. quest . 3. quest . 4. quest . 5. six things sworn unto in the covenant . vse 3. of humiliation . five soul-humbling considerations . object . answ . vse 4. an exhortation unto covenant keeping . epecially to keep , 1. the covenant we made to god in baptisme . 2. the covenants we have made in our affliction . 3. the solemne league & covenant . 6. things to be done in pursuance of our covenant . jer. 9 3. quest . ans. four helps to keep the solemn league & covenant . the covenant must be a daily argument against sin , & a daily weapon to beat back all temptations . the league illegal. wherein the late solemn league and covenant is seriously examined, scholastically and solidly confuted: for the right informing of weak and tender consciences, and the undeceiving of the erroneous. written long since in prison, by daniel featley d.d. and never until now made known to the world. published by john faireclough, vulgò featley, chaplain to the kings most excellent majesty. featley, daniel, 1582-1645. this text is an enriched version of the tcp digital transcription a85184 of text r199 in the english short title catalog (thomason e1040_8). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 167 kb of xml-encoded text transcribed from 39 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a85184 wing f591 thomason e1040_8 estc r199 99860770 99860770 112895 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a85184) transcribed from: (early english books online ; image set 112895) images scanned from microfilm: (thomason tracts ; 154:e1040[8]) the league illegal. wherein the late solemn league and covenant is seriously examined, scholastically and solidly confuted: for the right informing of weak and tender consciences, and the undeceiving of the erroneous. written long since in prison, by daniel featley d.d. and never until now made known to the world. published by john faireclough, vulgò featley, chaplain to the kings most excellent majesty. featley, daniel, 1582-1645. featley, john, 1605?-1666. england and wales. sovereign (1625-1649 : charles i) [16], 60, [4] p. : port. (metal cut) printed for r. royston at the angel in ivy-lane, london : 1660. the last two leaves bear the proclamation of 21 june 1643 against subscribing to the league. annotation on thomason copy: "aug. 20". reproduction of the original in the british library. eng solemn league and covenant (1643). -early works to 1800. great britain -church history -17th century -early works to 1800. a85184 r199 (thomason e1040_8). civilwar no the league illegal.: wherein the late solemn league and covenant is seriously examined, scholastically and solidly confuted: for the right featley, daniel 1660 26347 26 55 0 0 0 0 31 c the rate of 31 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-04 tcp assigned for keying and markup 2007-04 aptara keyed and coded from proquest page images 2008-09 john latta sampled and proofread 2008-09 john latta text and markup reviewed and edited 2009-02 pfs batch review (qc) and xml conversion the league illegal . wherein the late solemn league and covenant is seriously examined , scholastically and solidly confuted : for the right informing of weak and tender consciences , and the undeceiving of the erroneous . written long since in prison , by daniel featley d. d. and never until now made known to the world . published by john faireclough , vulgò featley , chaplain to the kings most excellent majesty . petr. chrysol magna debet esse in promissione discretio ; quia inanis promissio saepe de amicis sibi comparat inimicos . hee . xi . 4. by it he , being dead , yet speaketh . london : printed for r. royston at the angel in ivy-lane . 1660. resurgam . tim: cap : 4. v. 7. i have fought a good fight i have finished my course i have kept the faith . i was in prison , and ye came unto me i was sick , and ye visited me : matt : 25. 36. siste gradum viator ; paucis te volo : hic situs est daniel featlaeus ; impugnator papismi ; propugnator reformationis ; instigator assiduae-pietatis tam studio , quam exercitio theologus-insignis ; disputator strenutts : concionator egregius {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : facetè candidus ; candidè . facetus omni-memoria-dignissimus d. d. featlaeus , qui natus charltoniae educatu oxō : aetatis suoe 65. obijt chelsei . scpultus fuit lambethae aprilis 17 21 anno salutis 1645. to the right honorable sir edward hyde knight , chancellor and vnder treasurer of his majesties exchequer , lord chancellor of england , and one of his majesties most honorable privy counsel . my lord , it is a sin as great to be insensible of our mercies , as to turn them into wantonness . the best of kings is the blessing of our nations ; who ( in imitation of the a sun of righteousness ) is risen unto us with healing in his wings . the rebellious are indemnisied , and their sins made venial by it : the loyal and charitable admire , and rejoyce in it . to that over-ruling providence therefore in the first and chiefest place belongs the sacrifice of our praise , ( who hath b delivered his royal servant from the strivings of his people ) ; and in the next place to his instruments . among these how much your lordship hath merited . by your constant . attendance , your faithful counsels , and such unshaken allegiance , as hath neither been tainted with suspition , nor tyred by calamities ; is too great and high for me to calculate . next to that private brazen wall of your serene conscience ; you have the publique testimony of our most gracious soveraign , to witness your fidelity : and it is written in golden characters , both in and for your eternal honour . he hath entrusted you with the jewel of his conscience , in relation to the sharper laws ; knowing that you are tam marti quam mercurio . as you are juvenals c lawyer , qui juris nodos , & legum aenigmata solvis : so you are his majesties champion , and have excellent skill at the best of weapons , the pointless , edgeless sword of mercy . he hath entrusted you with the great seal of his indulgencies and pardons ; to the astonishment of the very malefactors : that they may be surprised by his gentleness even above hope , who had offended without fear or suspicion of this happy revolution . he hath enstrusted you with many encouragements and rewards for the loyaller and sounder clergy : yea and with a conquest of the erring , by the streams of his munisicence . and who more fit to be entrusted with conscience , mercy , and bounty , then a person religious , gentle , and noble ? your own conscience is ( according to the famous d oratour ) the greatest theatre of virtue : and your liberality is homer's nepenthes , which cheers up the drooping clergy . it is not long since the orthodox ( but despised ) divines , were almost every where entertained by the mushrome cacotopian lords , and others , but with that scorn which alexander threw upon the cynick , when he sent him e discum ossibus refertum , a messe of bare-bones . o what a blessed change both in men , and manners , do we now admire ! for as all that are vested with a legal power , and ( loathing the idolatry of avarice ) sincerely endeavour the practice of piety , do foster the levites , and pour oyl into their wounds : so 't is thought that your lordship more particularly doth strive to out-vye even alexander severus ; who quarrelled with every virtuous person that either asked nothing , or but little of him ; and his challenge stands upon record in these very words , f quid est quod nihil petis ? an me tibi vis fieri debitorem ? you have learned of elisha so to favour the sons of the prophets , and their relations ; as in stead of rendring them but a poor moyty of the tithe of their tithes ( which was the pia fraus , and reforming sacriledge of our late lay-preachers , and black-saints ) ; you make it much of your business to fill their empty vessels with the oyl of gladness . the clear and winged fame of these your noble virtues encourageth me to congratulate them in the dedication of this little book : and the rather , both because the author ( my best of uncles ) was not ( i presume ) unknown to your lordship ; and because my self had the honour to be your lordships contemporanian in our renowned university of oxford . nor may i entertain the least diffidence of a candid acceptance ; since you so well know , that g non est minus regium parvula accipere , quam largiri magna . artaxerxes disdained not a pitcher of water presented by a peasant . here is , my lord , a little ewre filled with such precious water , as hath virtue ( i hope ) to cleanse the stains of a seduced conscience ; and to open the eyes of them that were born , and have continued , blind . the author thereof penned it in a prison : whose honour it was that he was h plundred , sequestred , imprisoned , yea and dyed , for his religion and loyalty . full fifteen years hath this book continued a private and close mourner for the death of the author , and the heresies of the later times : and it had not yet appeared in the eye of the world , but that i hope it will be sheltred under your lordships pratronage . mine it was , by the right of an executor : and yours it is by the right of dedication . the merit of the work will be improved by your acceptance : the judicious , and sober-minded will blesse you for delivering it from the womb of obscurity : and i shall be obliged to subscribe my self , my lord , the humblest of all your servants , john faireclough , vulgò , featley . london , augst. 4. 1660. the publishers {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or introduction to the ensuing book . second cogitations are reputed the wiser and better , because we carefully weigh them in the scales of solid judgement and serious discretion . the misery of our late and wasting maladies we have not forgotten : for our land was sufieted with bloud ; and our garments were rolled in bloud : we carryed our lives in our hands ; and our estates were exposed to rapine : heresies and schismes did eat like a gangrene ; and religion was near lost in the atheism , blasphemy , epicurism , and liberty of those looser times . but undè hoc repentè commentum ? whence arose this suddain fury ? whence sprang this epidemical madness , apostacy , and ruine ? perditio tua ex te , ô israel , saith god by his prophet : o israel , thou hast destroyed thy self . and most true it is ; for as in general our crying sins pulled down the vengeance , and justifyed the revenger : so there was something in particular of covetousness , ambition , and cunning malice which contrived and managed our civil wars ; but cannot justifie the contrivers . not to touch upon those state affairs which were meerly such ; it may well become us now , as christians , in the pleasant bowres of our quiet solitude , to sit down and re-view that pretence of divinity , and regulating of our consciences , which plotted and fomented our rebellion ; and put a glosse upon our insurrections . to this purpose we finde in the preface to the covenant , that the noblemen , barons , knights , gentlemen , citizens , ministers of the gospel , and commons of all sorts in the kingdoms of england , scotland and ireland , called to minde the treacherous and bloudy plots , conspiracies , attempts , and practices of the enemies of god against the true religion , and professors thereof , &c. especially in these three kingdoms , &c. and how much their rage , power , and presumptions were of late , and at that time , increased and exercised . but who were these enemies ? papists : 't is granted . but were these the only enemies ? suppose they were ( which yet cannot be yielded ) how must they be suppressed ? by a national and solemn league and covenant : for thus we were taught by our neighbour nation . i need not therefore enquire , who composed our covenant ? or , by what authority it was imposed , and pressed ? let it suffice that this covenant was concluded to be the way , and the only way to advance the glory of god , and the kingdom of christ ; the honour and happiness of the king , and his posterity ; and the true publick liberty , safety , and peace of these kingdoms . here were indeed specious pretences ; and fair hopes , as full of confidence as the simple people could be hugged and dandled with . — virgo formosa supernè . but did the physick work as the physicians promised , and the patients expected ? did it produce any of those saving effects , which the grave dictators assured us it would ? surely no . it may well therefore now become us their patients ( who suffered many things of many physicians , and spent all that we had , and were nothing bettered , but rather grew worse ) to enter into a serious consultation about that which they contrived to be the methodus medendi : and ( since it pretends to divinity ) to enquire whether it were indeed either lawful , or proper ? if we truly desire a sober , judicious , and solid resolution ; i presume that the ensuing book will answer our doubts , and inform our consciences . i confesse that this book might have slept still in private , and should not have grown publick ( especially at this time ) , if the spirit of contradiction were not now so prevalent , and malice so industrious . the troublers of our israel enter upon the stage again : and furious men whom nothing will satisfie , joyn in a new and lawless corporation ; and send up their burgesses upon the errand of scurrilous and factious libelling . is this their divinity , to be thus unthankful ? malè collata malè debentur , faith the quaint and divine philosopher . hath our god of peace so lately beaten our swords into plough-shares , and our spears into pruning-hooks ; and must we go to the uncircumcised philistines for a smith to reduce them into weapons again ? hath he not once again sent us a king in mercy , and fitted an incomparable head to the shoulders of our kingdoms ? are not our scorpion scourges gently removed ; our sequestrations taken off ; our religion restored ; our good old lawes revived ; and our propriety and just liberty recovered and enjoyed ? do we not seem to be blessed with a well-grounded hope , that both king and people , church and common-wealth , will peaceably repose and solace themselves in those glorious and mutuall tyes of a righteous government , and a dutiful obedience ; a religion pure and undefiled ; and such love and loyalty as may never be interrupted ? what meaneth then this bleating and lowing of these sheep and oxen , and the hideous braying of unclean beasts , in our christian ears ? must our musick stop upon a fret , and our harmonie be disturbed by such harsh and unwelcome discords ? are we already sick of our ease , and weary of our mercies ? will jeshurun kick as soon as ever he waxeth fat ? alas , alas ! the moth endeavours to eat into our garments again ; and the canker into our purest gold . we daily see how these discontents of ungrateful and irreligious spirits endeavour to blast our fairest hopes , by disturbing our peace , and renewing our contentions . the ambitious are discontented , and want promotion : the malitious are troubled ; and want revenge : the needy sufferers are impatient and want preferment : the heretical are vexed , and fear a curb : and the schismatical are unquiet , and suspect a settlement . too many forget the miseries of war : too few are thankfull for peace and truth ; and the full soul loaths the honey-combe . that foolish fowl which saved the capitol , hath moulted her sicker quils ; and the unwise turn them into gaping penns , to scrible sedition . i have therefore awaked this book , that it may tell the deluded world how unsafely we formerly credited the croaking of such egyptian frogs : and hope that are-view of our former contentions , grounded upon the covenant , will make us repent , and be wise . deliberandum est diù quod statuendum est semel , saith seneca : we should seriously consider before we certainly decree ; and with good advice should make war . those that sowed in our tears by their hasty covenanting , may thank themselves if they reap not in our joy . if their league was illegal , and made their grapes so sowre ; certainly to revive it ( except in their sorrow ) is the way to continue their teeth on edge . juravit david temerè , saith the father , sed non implevit jurationem , majore pietate : david was a grievous sinner , when he became so rash a swearer : but he shewed more piety when he broke his oath . although some few do seek our disturbance , and those none of the best ; yet we see and rejoyce that many learned and conscientious covenanters retract their errours . some there are whose judgements are convinced by the syllogisme of conscience : some who are calmed by the gentleness of remission : and some also who are reclaimed by the royal care and indulgent tenderness of our most gracious soveraign ; who maketh the children of the bond-woman , heirs with those of the free-woman . i presume that i need not to commend the ensuing book to any of these , unless to confirm them in their conversion by strength of arguments ; that as their repentance is visible , so their resolves may be constant . but i greatly suspect the inflexibility and pertinacious obstinacy of some few of our dissenting brethren ; whom peradventure nothing will content but an illimited power to lord it in their parishes ; and ( assisted with their confederates ) to make their consistories as well the benches for secular cases , as the tribunals for ecclesiastical ; and all under a notion of the power of the keyes . to these in particular ( if such there are ) i do friendly recommend this following work ; hoping that when they feel the force of argument in their strong convictions , they will not be ashamed to confess their mistakes , and study to be quiet . the author of this book was known to be a burning and a shining light , untill malice and mischief shut him up in a prison , and put out his lamp . his speech in the assembly against this covenant was at that time so distasted , that his impatient and too zealous brethren suffered him not to render those his reasons in defence of episcopacy which are added to this work . when they therefore hastened to swear the league , he retired to his house to grieve and to pray . y from that time forward he was neither secure in his study , nor safe in his house . it was his seeming sin that he so freely delivered his conscience ; and his punishment was plundring , sequestring , imprisonment , and death . while he continued a prisoner he composed this book at the request of a friend , and the importunity of his letter wherewith it begins . i suppose that none will gain-say the observation of the father , conflictatio in adversis probatio est veritatis . he was not ashamed of his chain , because he endured those pressures as a faithful son of that true church whereof cassiod . in psal. 1. saith , novit ecclesia beneficia domini ; triumphat de suis cladibus ; afflictione semper augetur ; sanguine martyrum irrigatur ; tristitiâ magis erigitur : angustiâ dilatatur ; fletibus pascitur ; jejuniis reficitur ; & indè potius crescit undè mundus deficit . let the judicious and impartial reader censure it as he pleaseth : i shall end this introduction with the words of horace , — si quid novisti rectius istis , candidus imperti : si non , his utere mecum . to my reverend , and much esteemed friend , d. f. sir , the winde is stormy , and the sea troubled ; and we are to cut a way through a narrow passage between two dangerous rocks , wherein if we steer not warily and evenly , it cannot be avoided but we shall make shipwrack on the one side , or on the other ; on the one side of loyalty , and a good conscience ; on the other of liberty , and our estate . in this case to whom should we rather have recourse , then to an antient and skilful pilot , who hath sounded the depths of theological controversies , and heretofore hazarded his life to save others from drowning in the sea of errors . moreover , none in my judgement so fit to resolve a case of conscience , and that of greatest importance , as a faithful minister of the gospel , who hath suffered for conscience . i pray sir be not shie of your best advice ; for if we miscarry through want of your direction , all your excuses will prove unexcusable before god . what though you have resolved to conceal your self , and you lie hid at this present in the dark ? yet like a chrysolite or carbuncle glowing with . divine fire , you shine the brighter . i intreat you therefore of all loves to cast a careful eye upon the late covenant ; and in the sieve of the refined judgements of the subtilest casuists to sift it to the bran ; and send the result of your thoughts upon it to your ancient and true affectionate friend e. g. from london this 12. of february 1643. to my noble , and much honored friend , e. g. worthy sir , in this tempestuous season ( like that in rome , when as livie relateth it rained bloud for many dayes ) the best counsell i can give is , that you and all who are like you , ( from whose prayers offered up with strong cryes heaven suffereth violence ) would cry aloud with the disciples ( when the ship was covered with waves ) save us , master , we perish : that so he being awaked by our watchful devotion , may rebuke the winds and the seas , and restore unto us our former calm and halcyonian dayes . for particular directions how to steer your course between the rocks you mention , upon which you are in danger to split either your conscience , if you enter into this new covenant ; or your estate , if you enter not into it ; you cannot expect them from me . for though i have for many years studied the compass of gods word ; yet i am no pilot. i have ever lived under the hatches , and never sate at helm in church or common-wealth . and if i should take upon me the office of a steerman ; and you following my advice should miscary ; and be dasht in pieces , or sunk in your fortunes ; in stead of thanks from you , i were like to receive curses from your family and posterity . yea but i am ( say you ) a dispenser of the mysteries of salvation ; and it is required of a steward , that he be found faithful : and i have suffered already for the testimony of a good conscience ; and therefore ought not for any fear or terrour conceal my judgement , or stifle the truth . i cannot deny my function ; neither will i betray my innocency ; neither am i afraid of any thing so much herein as this ; that if you make me your casuist , your case will be soon like mine ; and by gaining the truth you will be a loser . but i check my self in these thoughts with the words of our saviour , what will it advantage a man to win the whole world , and lose his own soul ? what will it avail the master of a ship to save his whole fraight , if he lose that pretious pearl which the rich merchant sold all that he had to buy ? this peerless pearl no plunderer can rob us of : this affordeth me a comfortable light in the thickest darkness of melancholy thoughts . save for this , i account my self nothing worth at all . no carbuncle ( as your love overpriseth me ) but a dead coal now resolving into ashes : and as i lie hid in the dark , so i desire from this obscure state to steal into heaven ; and in the mean while ita vivere ut nemo me vixisse sentiat ; so to passe through these angry and working seas , that none may discern the print of my keel . notwithstanding , because you charge me so deeply by all the ties of christian charity , which is the bond of perfection ; i will freely open my self concerning the engagement of our conscience in the new covenant ; and return you not so much a punctual , as a poignant resolution . yours to serve you in the lord d. f. the covenant which caused these scruples of conscience , here followeth . a solemn league and covenant , for reformation and defence of religion , the honour and happiness of the king , and the peace and safety of the three kingdoms , england , scotland , and ireland . we noblemen , barons , knights , gentlemen , citizens , burgesses , ministers of the gospel , 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 kingdom of our lord and saviour jesus christ , the honour and happiness of the kings majesty , and his posterity , and the true publick liberty , safety , and peace of the kingdoms wherein every one private condition is included , and calling to mind the treacherous and bloudy plots , conspiracies , attempts , and practises of the enemies of god against the true religion , and professors thereof in all places , especially in these three kingdoms , 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 charch and kingdom of ireland , the distressed estate of the church and kingdom of england , and the dangerous estate of the church and kingdom of scotland , are present and publick testimonies ; we have now at last , ( after other means of supplication , remonstrance , protestations , and sufferings ) for the preservation of our selves and our religion from utter ruin and destruction , according to the commendable practise of these kingdoms in former times , and the example of gods people in other nations ; after mature deliberation resolved and determined to enter into a mutual and solemn league and covenant , wherein we all subscribe , and each one of us for himself 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 several 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 endevour to bring the churches of god in the three kingdoms , 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 ecclesiastical officers depending on that hierarchy ) superstition , heresie , schisme , profaneness , and whatsoever shall be found to be contrary to sound doctrine , and the power of godliness ; lest we partake in other mens sins , and thereby be in danger to receive of their plagues , and that the lord may be one , and his name one in the three kingdoms . iii. we shall with the same sincerity , reality and constancy , in our several vocations , endeavour with our estates and lives , mutually to preserve the rights and priviledges of the parliaments , and the liberties of the kingdoms , and to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion , and liberties of the kingdoms , that the world may bear witness with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatness : iv. we shall also with all faithfulness endevour 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 kingdoms 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 condign punishment , as the degree of their offences shall require or deserve , or the supream judicatories of both kingdoms respectively , or others having power from them for that effect , shall judge convenient . v. and whereas the happiness of a blessed peace betweene these kingdoms , denied in former times to our progenitors , 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 , endeavor that they may remain conjoyned in a firm peace and union to all posterity ; and that justice may be done upon the wilful opposers thereof , in mannr 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 kingdoms , 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 terror , to be divided and withdrawn from this blessed union and conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferency or neutrality in this cause , which so much concerneth the glory of god , the good of the kingdoms , and the honor of the king ; but shall all the dayes of our lives zealously and constantly continue therein , against all lets and impediments whatsoever ; and what we are not able our selves to suppress or overcome , we shall reveal , and 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 sins and provocations against god , and his son jesus 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 own 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 purity and power thereof , and that we have not endeavoured to receive christ in our hearts , nor to walk worthy of him in our lives , which are the causes of other sins , 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 go before another in the example of a reall reformation , that the lord may turn away his wrath and heavy indignation , and establish these churches and kingdoms in truth and peace . and this covenant we make in the presence of almighty god the searcher of all hearts , with a true intention to perform the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed . most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to blesse our desires and proceedings with such successe , as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoke of antichristian tyranny ; to joyn in the same , or like association and covenant , to the glory of god , the enlargement of the kingdom of jesus christ , and the peace and tranquillity of christian kingdoms and common-wealths . the two first clauses of the covenant , as they were offered to the assembly , licensed , and entred into the hall book according to order , september 4. 1643. and printed at london for philip lane . 1. that we shall all and each one of us , sincerely , readily and constantly , through the grace of god , endeavour in our several places and callings , the preservation of the true reformed protestant religion , in the church of scotland , in doctrine , worship , discipline and government according to the word of god , and the reformation of religion in the church of england ( this explication to be at the end of the covenant , as far as we do or shall in our consciences conceive to be according to the word of god ) according to the same holy word , the example of the last reformed churches , and as may bring the church of god in both nations to the neerest 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 . 2. that we shall in like manner , without respect of persons , endeavour the extirpation of popery , prelacy , superstition , heresie , schisme and profaneness , and whatsoever shall be found to be contrary to sound doctrine , and the power of godliness in both nations , lest we partake in other mens sins , and thereby be endangered to receive of their plagues , that the lord may be one , and his name one in both kingdoms . to which first printed copy , the doctors speech delivered in the assembly , relateth , pag. 48. the two clauses of the covenant , as they were altered and printed by order of the house of commons . 1. that we shall sincerely , really and constantly , through the grace of god , endeavour in our several 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 kingdoms , 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 . 2. 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 , commissaries , deans , deans and chapters , archdeacons , and all other ecclesiastical officers depending on the hierarchie , superstition , heresie , schism , profaneness , and whatsoever shall be found to be contrary to sound doctrine , and the power of godliness ; lest we partake in other mens sins , and thereby be in danger to receive of their plagues , and that the lord may be one , and his name one in the three kingdoms . the league illegall . quest . whether is this covenant so grounded upon holy scriptures , and so conformable to the laws of the land yet in force , and so consonant to former oathes and protestations , that a religious christian and loyall subject may without scruple of conscience , and danger of ensnaring his soul , enter into it ? i answer negatively . answ . and although i had more then once , made a covenant with my self , rebus sic stantibus , or rather jacentibus , never to question this covenant ; which the authority of both houses , and piety and learning of the assembly of divines , hath commended as the soveraign remedy of all the maladies of the times : yet because my conscience tels me that it hath not approbation from the three that bear record in heaven , i dare not conceal those reasons which at the first made me doubt of the lawfulness of it , and in the end put it out of doubt . the reasons propounding the naked truth , without any clothing of art , or ornament of rhetorick , are these . audi non phalerata , sed fortia . not to take advantage of preposterous order in setting down the parts of this covenant , wherein he that runneth may read a double solecism . ( for in it the church of scotland , precedeth the church of england ; and the liberties of the subject are set before the royal prerogative , and imperial dignity of the prince . surely such a sacred and venerable evidence of fidelity , is a publick covenant made by two nations , and signed by the name of the great jehovah ; that in it both matter and method , phrase and order ought to be maturely advised on : and not only every period and line , but every word and syllable therein to be exactly scan'd , before the conscience of millions of men be charged with it . if we cannot brook or keep our hands from tearing a list , catalogue , or register , wherein they who are many degrees below us , are yet ranked above us , and named before us : can his majesty take it well at our hands , that we should accept of a covenant hand over head , wherein the members are set above the head , and his soveraign majesty sleighted ; and that not only by misplacing his person , but limiting and restraining the preservation of his person , and authority to the defence of the true religion , and maintenance of the liberties of the kingdoms ? what is this but to indent with our soveraign , and capitulate with our head ; as ochan sometimes did with the emperor frederick , defende me gladio , & ego defendam te argumentis ; defend me with thy sword , and i will defend thee with my pen ? if his majesty will defend our faith , we will bear faith to him ; if he will keep safe our pendants , we will safeguard his crown . which limitation i except at , not that i doubt but that there is and ought to be a mutual tie between king and subject ; and that if he either desert the true faith , or infringe the laws and just liberties of his subjects , for which he pawned his faith at his coronation ; god will call him to an account for it : but this doth not discharge us of our allegiance to him . though he keep not touch with us , yet we may not break with him ; for he is , ( as tertullian gives him his true dimensions , according to the golden reed of the sanctuary , ) solo deo minor , caeteris omnibus major : and consequently questionable for his breach of faith before none but god . alas , what a fickle estate and lamentable condition were princes in , if upon pretence that they defend not that religion which the people believe to be true ; or maintain not those liberties which they challenge as their birthright ; their royall crownes may be exposed to rapine , and their sacred persons to violence ! not to dive into the depths of state , nor anxiously to enquire into the reason which moved the first contrivers and projectors of this league to set it on foot at this present , and presse it with all earnestness ; i am perswaded that none will denie that their main scope and aime therein was , to engage our brethren of scotland in the present quarrell , for pulling down episcopacie , and setting up the presbyterie ; and by this national and solemne league to strengthen their partie , and foment this unnaturall war which hath already drained the wealth of the kingdome : and is like to draw out the life-blood also . nemo tenetur divinare , say the canonists ; neither will i take upon me the office of a prophet to foretell the catastrophe of these tragedies . yet sure i am , this queen of all islands never received such prejudiced and wrong , nor ever was so near the brink of destructions when she drew in forain forces to defend her self against homebred enemies : and i pray god we experimentally interpret not the mysterie of pharaohs dream concerning the lean kine which eat up the fat , and yet were never a whit the fatter . if there be a decree of heaven , that these two nations shall be drowned one in anothers blood , for the crimsons sins of both not yet repented of : yet let not us draw this most fearfull judgement upon both kingdomes by the cord of an oath . but to argue syllogistically . no subjects living under a christian prince who is a professor of the true religion , and a defender of the orthodox faith may enter into a publick and solemne covenant for the reformation of religion , without the consent , ( much lesse against the expresse command ) of their soveraign . for such disobedience and sleighting of their king cannot stand with the duty we ow him of fear and loyalty , injoyned prov. 24. 21. my son , fear the lord and the king . eccles. 8. 2. i advise thee to take heed to the mouth of the king , and to the word of the oath of god . rom. 13. 1. let every soul be subject to the higher powers : whosoever resisteth the power , resisteth the ordinance of god , and they that resist , shall receive to themselves damnation . v. 4. if thou do evil , fear ; for he beareth not the sword in vain . prov. 16. 14. the wrath of the king is the messenger of death . prov. 19. 12. the kings wrath is like the roaring of a lion . 1 pet. 2. 13. submit your selves to every ordinance of man for the lords sake ; whether it be to the king as supreme . v. 17. fear god , honour the king ; nor with the prayers of the church made for him , that we may serve , honour , and humbly obey him in god , and for god : nor with the principles of right reason ; for the king is the supreme head of the church , and common-wealth , under christ ; and all his subjects conjunctim in parliament , or divisim , are but members of the same body politick ; and how should the members enter into a covenant , or frame and devise it without the head ? but the king is so far from yielding his royall assent to this covenant , that he strictly forbids it ; and that under the pain of treasonin ; his proclamation printed at oxford . ergo , we may not enter into this covenant , nor entangle our consciences with this new oath . this covenant we make with god : and in all things , especially the things appertaining to god , we must obey god rather then man . we have the kings vertua consent l thereunto : for though he be not present in person at the parliament , nor hath given his royall assent under his hand ; yet this parliament is called and continued by his authority , and his consent is vertually contained in the votes of both houses . it is a ruled case in divinity , that we must obey god rather then man , when god commandeth one thing , and man another : but when the commands of god and of his vicegerent upon earth : clash not one against another , st. bernards doctrine is most true , we must obey him as god who is in the place of god , in those things which are not against god . when st. peter and st. john returned this answer to the councell , the councell forbad that which god commanded . god commanded the apostles to preach christs resurrection ; and the assembly of priests and elders forbad them . this is not the covenanters case : for where doth god command the english to sweare to preserve the scotch discipline and liturgie , which they themselves have often varied ? or to abjure episcopacie , which was the only government of the church for more then 1500 years , and under whose shade christian religion most flourished , and the church stretched forth her branches to the rivers , and her boughs to the ends of the earth ? where doth the scripture warrant , ( much less command ) the association of two kingdomes and joyntly taking up armes in the quarrell of the gospell , and defending and propagating religion by the sword ? the calling of the parliament by the kings authority doth not conclude his assent to all the ordinances of both the houses : for if it were so , why did this parliament , after they had voted the militia , and the extirpation of prelacie and pluralities , send to his majesty and humbly intreat his royall assent ? nay , why in all parliaments since the first even till this day , after both houses had past bills , did still the lords and commons lay them at his majesties feet , beseeching him in humblest manner to take them up , and signe them with his royall hand ? and if he liked them , his answer hath been , le roy vieut ; if he distasted them , le roy s'avisera . did the calling of a parliament in the kings name and by his authority , vertually include or conclude his royall assent to all the acts ; king richard the 2d . had given his consent to his own deposing : for that parliament wherein he was deposed , was called in his name and by his authority . 4. no covenant , especially publike and solemn between two nations for reformation of religion , may be taken without warrant from gods word ; for in every such covenant god is a partie , and his consent must be both had and known , which cannot be but from his word . beside , this covenant is bound with an oath , which is an act of religion , and cultus latriae , that is a part of divine worship ; and if it be not commanded by god , it is forbidden in scripture under the name of will-worship . moreover , that golden rule of the apostle applyed by by him to the use of things indifferent , stretcheth also to this case of conscience , whatsoever oath we take , or covenant we enter into , not perswaded in conscience that we have good ground for what we doe in scripture , is sinne to us . but this covenant hath no warrant for it in holy scripture : for from the alpha of genesis to the omega of the apocalypse there is no vola nor vestigium of such a covenant as this . ergo , this covenant must not be taken by any , who desire to walk exactly before god according to the precise rule of his word . there is warrant in gods word both for the matter of this covenant , and the form and manner of taking the oath . for the matter we have a pattern of a covenant taken for the reformation of the false , and preservation of the true worship of god , and the uniting of kingdoms in the truth thus reformed , 1 sam. 18. 3. 4. 2 kings 23. 5. 2 chr. 25. 8. 9. 2 chro. 30. ezra 10. 2. and for the form and manner of taking it by lifting up the hand , we have a precedent apoc. 10. 50. none of these instances are ad rhombum : all those covenants were made against idolatrie and other sins expresly forbidden by the law of god ; but this covenant is against prelacie and such a form of worship practised in the church of england , as hath been justified by the word of god , and unanswerable arguments drawn from scripture by whitgift and hooker in their answer to cartwright , c●vell to barrow and browne , burges to ames , and ball to can , and many others . in all those covenants the king had the main stroak , but in this none at all . 1. for the covenant mentioned , 1 sam. 18. 3 , 4 it comes not home to our case ; for that was a private covenant between two intimate friends , for the safety of both their lives , sought after by a bloudy tyrant : this is a national covenant between two kingdoms , for the reforming religion , and setling peace ; that was made by the true king appointed by god , and anointed before this by samuel , against him who indeed held the crown , but was rejected by god himself ; this is a covenant made by subjects against the commands of a most gracious prince . 2. for the covenant mentioned 2 king. 23. 5. the text saith , king josiah made this covenant , that they should walk after the lord , and keep his commandements , and his testimonies , and his statutes with all their heart , &c. and that he put down the chemarims , &c. there the king makes a covenant , and reforms a church , and not the people ; here the people enter into a covenant without the king , and they take upon them , against his command , to reform , or rather deform the church , by overthrowing the hierarchy , and abolishing episcopacy . chius ad choum , these things agree as well as harp and harrow . 3. for the covenant mentioned 2 chr. 15. 8 , 9. king asa gathered all judah and benjamin together to jerusalem , where they offered to the lord of the spoyles , and made this covenant , and in performance of this oath or covenant , v. 16. he deposed maacah his mother from her regency , because she had made an idoll in a grove , and asa brake down her idoll , and stampt it , and burned it at the brook kidron . 4. for the example of israel , 2 chron. 30. who in the dayes of hezekiah , though they were under another king , yet joyned with the men of judah in keeping the passover , it yeilds no support at all to their tottering cause . for 1. they entred not into any solemn league with the men of judah , though for the present they joyned with them in a religious duty commanded by the law . 2. what they did , they were invited to do by king hezekiah ; whereas the scotch are not invited to this league with the english by the king . 3. the king of asshur forbad not the israelites to joyn with their brethren of judah in keeping the passover ; but the king forbids any of his subjects to enter into this covenant . 4 the king who reigned over the israelites , was an idolater ; but our king is a worshiper of the true god . and albeit , in some case and quarrel , the worshipers of the true god may joyn with their brethren of the same religion in another kingdom , in a defensive league ( though the king being an idolater , should forbid it ) yet it follows not , that they may do so without the consent , and against the command of a christian prince , who is a professor of the true religion . lastly , the israelites , besides the invitation of king hezekiah to keep a solemn passeover with the jews , had the express command of god himself ; whereas neither english nor scotch have any command from god expresly or implicitly , to enter into this league for the defence of the protestant religion against papist without the king , the king himself undertaking , and that by most solemn oathes and protestations to defend the same . 5. for the covenant mentioned ezra 10. 3. that was meerly to remove a scandal from the jews , and to fulfil the express command of god , for putting away strange wives , set down in the law of moses : in which case no man doubteth but a covenant may be made not only without , but against the commandement of a prince . yet here the jews ( besides the command of nehemiah the viceroy ) had the approbation of the prince for making this covenant : for the king of persia at this time favoured the jews ; and contributed largely to the reedifying of the temple ; and gave order to ezra the priest to adorn the house of god , and perform all things in his service according to the law , ezra 7. 10. the last example rev. 10. 5. is least to our present purpose : for the angel there made no covenant , but only sware by the living god , that time should be no more . it is true he lifted up his hand ; yet that no way helpeth the covenanters cause : for that might be a fit gesture in an angel menacing a fatal doom to the world , and the outdating of all time ; which yet may not be thought so fit a gesture for men entring into a holy league for the preservation of two kingdoms . if they can , as the angel did , stand upon the earth and the sea at the same time ; let them also further imitate the angel in lifting up their hands to heaven , when they make their covenant . howsoever for the gesture we will not contend with them : i think it fitter in taking this oath , then after the usuall manner , to lay the hand upon the bible ; for this oath and covenant hath no ground or foundation at all in that book : and the lifting up of the hand very well expresseth the purport of this covenant , which is a lifting up of their hands against the lords anointed , and his church : yet under pretence of defence of the kings person , never so much endangered as by their armies ; and of religion , never so profaned as by their reformadoes ; and of the liberties of subjects , never so much infringed as by arbitrary votes . before we take this oath of reformation , we must desire a reformation of the oath : for it is full of ambiguities and contradictions : whence i thus frame a fifth argument . 5. no ambiguous oath ought to be taken , or covenant signed : for here one of pythagoras golden precepts taketh place , loquere cum lumine : all ambiguities , equivocations , or mental reservations ( especially in leagues and oathes ) are abominated by all protestants . he that sweareth ambiguously sweareth not in simplicity of heart , nor can keep his oath sincerely and intirely . but in this covenant and oath there are many ambiguities . for what is meant in the first clause by common enemies ? either the world , the flesh and the divel ; which indeed are ( as it were ) sworn enemies to all true religion : or papists , or independents ; who are both enemies to the discipline and government of the scotch church . in the second clause what is meant by church government by archbishops , bishops , & c ? either all government by bishops ; or the present government only , with the late innovations and abuses thereof . if all government by bishops , then in taking this oath , we condemn not only the perpetual government of the church from the apostles time till the reformation of religion in the dayes of hen. 8. but also the reformed churches in england , ireland , denmark , swethland , poland , saxonie , and other parts of germany ; where either they have archbishops and bishops , or tantmount intendents , and superintendents ; if the present government only , with innovations and abuses ; let them explain what are the innovations and abuses we swear against : else we cannot swear in judgement . what is meant by hierarchy ? the word signifieth holy government , being derived from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} holy , and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} rule or government . and is it fit crudely , without any glosse , to forswear all holy government ? in the third clause , what is meant by defending the kings person in the defence of the true religion , and liberties of the kingdoms ? is it a limitation , or not ? if it be no limitation , what doth it there ? there ought to be no idle , and ( if i may so speak ) hang-by words in an oath : for the wiseman teacheth us , when we speak to god , our words must be few . if it be a limitation , how doth this covenant agree with the oathes of supremacy and allegiance ; by which we are absolutely bound to defend the kings person , royal dignities and prerogatives of the crown , without any if or of , restriction or qualification ? in the fourth clause , what is meant by malignants or evill instruments ? a word never used till of late in any statute , law , or ordinance ; and never so much abused as at this day . in the sixth clause , how far extend these words , i will assist and defend all those that enter into this league and covenant , in the maintaining and persuance thereof ? doth it reach to giving battle to the king , sequestring estates , plundering houses , and trampling all laws under foot ; and to the justifying all the outrages committed in the maintaining and pursuing this league ? if not , why is it not circumscribed with that limitation in the first protestation , by all good and lawful means ? or , so far as lawfully i may ? there being so many amphibologies , ambiguities , and riddles in this oath , we must have some oedipus of the synod to read and clearly expound them , before we can safely engage our conscience by oath to perform them . no covenant may be made , or oath taken , which implyeth in it contradictions ; for in such an oath or covenant we play fast and loose ; say and unsay ; and overthrow the nature of an oath ; and take gods name in vain . the schools and ancient doctors constantly maintain , that it exceedeth even divine omnipotency to reconcile contradictions ; which are amongst those many things st. augustine speaketh of , which god therefore cannot do , because he is omnipotent . but there are apparent contradictions in this covenant , and gordian knots which cannot be untied . for , first , it is said in the preface , that the noblemen , barons ▪ &c. enter into this covenant according to the commendable practice of these kingdoms in former times ; and yet mr. nye in his speech , published by special order of the house , upon the very day the covenant was read and sworn unto , and subscribed by the honorable house of commons , and reverend assembly of divines , sept. 25. saith p. 12. that such an oath for matter , persons , and other circumstances , hath not been in any age , or oath we read of in sacred or humane stories . and mr. coleman in his sermon commanded to be printed by the commons of the house of parliament , sept. ult. 1643. p. 18. ask your fathers , consult with the aged of our times , whether ever such a thing were done in their dayes , or in the dayes of their fathers before them ? and in his epistle dedicatory , an oath , if vain , makes the land to mourn : an oath , if weighty , makes it rejoyce . this is a new thing , and not done in our land before ; and i hope will have a new effect , not seen by our people before . we are to swear in the first branch , that we will really and constantly endeavour the preservation of the reformed religion in the church of scotland , in doctrine , worship , discipline , and government : and yet in the same branch we swear to endeavour to bring the churches of god in these three kingdoms ( of which scotland is one ) to the nearest conjunction and uniformity in form of church government , according to the word of god , and the example of the best reformed churches . but this cannot be done if scotland be preserved in her present directory for worship , discipline and government : for the government in the church of england , ireland , denmark , swethland , poland , saxony , and in all the churches of the east ( not subject to the pope ) is episcopal : and that is proved to be most conformable to the word of god , by the writings of bilson , downham , armagh , never yet answered by any . we swear in the same branch , that we will endeavour to reform the doctrine of the church of england according to gods word ; and yet preserve the reformed religion in scotland in doctrine : whereas the doctrine of the church of england and scotland is all one ; as appears by the confession of the one , and articles of the other . all the difference between the church of england and scotland is concerning discipline and liturgie ; not doctrine , as it is distinguished from them . we swear in the second branch , that we will endeavour the extirpation of prelacy and schisms : whereas prelacy hath been ever , and is , the special , if not only means to extirpate schisme . if prelacy be taken away , saith st. jerome ad luc. and the preeminencie of one presbyter above another ; tot schismata erunt quot sacerdotes . that is to extirpate church-government by archbishops , bishops , &c. and yet in the third branch we swear to preserve the rights and priviledges of the parliament , and liberties of the kingdoms : among which liberties of the kingdom of england , and priviledges of the parliament , are the contents of magna charta , and petition of right ; in which the government of archbishops and bishops , and the rights and priviledges of the church are comprised . in the third branch we swear to preserve and defend his majesties person , and authority , without any diminution of his just power and greatness : and yet in the sixth article we swear to assist and defend all those that enter into this league and covenant , in the maintaining and pursuance thereof : whereas it is known by their dayly practise , that they levie arms against the king ; seize upon his forts , ships , magazens , and revenues . how can a man take away the kings munition , and castles ; and yet not weaken his power ? how can a man forcibly incounter and discomfit an army raised by the kings power , and yet not diminish his power ? how can a man take away his revenues , houses , parks , &c. and not diminish his greatness ? how can he give him battle , and yet defend his person ? therefore before we enter into this covenant to make up all the breaches in the church and common-wealth , we must make up the breaches in the covenant it self ; before we reconcile and unite the three kingdoms , we must endeavour to reconcile the contradictions in this our oath and solemn league . either this league and covenant confirmed by oath is free and voluntary ; or forced and compulsory . if it be free and voluntary , why is there annexed a most severe penalty to be inflicted upon all those who refuse to enter into it before the first of march ? if it be forced and compulsory , how is it a covenant ? especially with god , who respecteth not our words , but our hearts ? if it be a constrained oath imposed upon us whether we will or no ; then it is a heavy yoke laid upon the conscience , inconsistent with our christian liberty : and the requiring it of us is not like to procure a blessing from heaven to the land , but to pull down the vials of gods vengeance upon it . if tertullian could say , non est religionis religionem cogere , it is no religious act to force religion : we may swear that such a constrained oath is no way acceptable to god . well it may be tearmed in our language a league or covenant : but in the language of canaan it is not so . for berith , a covenant , comes from bara , which signifieth eligere , saith buxtorfius ; that is , to chuse . neither is it any act of vertue in aristotles school : for virtus est habitus electivus ; a habit whereby we exercise our free choice . none ought to swear to that he knoweth not ; for an oath must be taken in judgement , truth , and righteousness , jer. 4 2. a man cannot swear in judgement , or judiciously , who knoweth not that to be true in an assertory oath ; and honest and righteous in a promissary ; which he sweareth unto . for if that be false to which he sweareth , he is perjured : and if it be a dishonest thing which he promiseth to do , he is unrighteous . besides , it is great precipitancy and rashness , to enter into a covenant blind-folded , and to swear to maintain that we understand not . but the subjects of england ( at least for the major part ) know not what the scotch discipline , government , or worship is : which notwithstanding by this covenant they are bound to preserve , even with the hazard of their fortunes and lives . we do not swear to observe that discipline , but to preserve it ; i may preserve that which in point of conscience i cannot observe , or at least not swear to observe . the wives , sons , and daughters in nehemiah's time took a covenant ; who yet knew not in particular what that covenant did bind them to . students in the university take an oath to observe the statutes ; apprentices in london to maintain the priviledges of the city ; and all of us in our late protestation , the liberty of the subject ; and yet neither scholars , nor apprentices , nor we , know in particular all the statutes , and priviledges we swear to observe and defend . these answers yield no stay at all to support a weak and doubting conscience : for such as our oath is , such must be our knowledge : what we swear to in general , we must know in general ; whatwe swear to in particular , we must know in particular . but in this covenant we are sworn to preserve the reformed religion in scotland , not only in general , so far as it is protestaut ; but in the particulars therenamed doctrine , discipline , government , and worship which we cannot do , if we know not what they are , unless ( as the papists believe , so we swear ) fide implicitâ . mr. case gives us a rhetorical agnomination for a logical solution ; a jingle for a distinction . it is true , that to preserve and observe is not all one . a thief that observes a port-manteau or a cap-case , behind a traveller , doth not intend to preserve it for him : yet as a man cannot observe that he sees not ; so he cannot in judgement swear to preserve what he knows not . the wives , sons and daughters in nehemiahs time , who entered into that covenant , knew in particular what it was ; namely , to put away their strange wives : and the text saith expressely , that none took the covenant , but such as understood it : and therefore i confess i understand not how this example is to the purpose . the case is far different between the statute liberties of this kingdom , and the discipline and government of another kingdom : our statute liberties and priviledges are in continual use ; we know most of them : and concerning those we know not , we may easily inform our selves out of the books of statutes , and records . but for the scotch government of the church and liturgie , not one of a hundred among the learned , nor one of a thousand of the illiterate vulgar , are instructed in it ; neither can we know certainly where to find it . for the scotch have no book of canons , or set form of prayer ordered by their church , and ratified at this day by the royal assent , as we have i cannot conceive any reason why the subjects of england should be bound by oath to preserve the discipline and liturgy of scotland ; whereas the subjects of scotland are not at all bound , nor to be bound , to preserve the discipline and liturgy of the church of england . it seems altogether unreasonable that we of this realm should be bound by oath to preserve that government and form of worship in scotland , which scotch themselves are not necessarily bound to observe : for they have often , and may still , change it at their pleasure . in the 18. year of queen elizabeths reign , they conformed to the church of england ; as buchanan relateth in his scotch story : after they conformed to the church of geneva : upon which occasion bancroft wrote the book entituled english-scottizing and scottish-genevating . in king james his reign ( of blessed memory ) they returned in part to the english form of government : but since of late to the french . to swear then to preserve them in their discipline , government , and worship , is to swear to keep a camaelion in one colour , which changeth colour every hour . no english man ought to enter into a covenant which is derogatory to the honour of the church and kingdom of england . for he deserves not to enjoy the singular priviledges and commodities of this land , nor so much as breathe english air , who will not stand up for the honour of this nation . omnes omnium charitutes patria complectitur . but this covenant is many wayes derogatory to the honour of england . for the church of scotland is not only set before the church of england in it ; but is also propounded as a pattern of a church intirely reformed , not only in doctrine , but in discipline also and worship ; and therefore to be preserved in all three : but the church of england as an imperfect draught of a church defective in all ; and consequently to be reformed in all , according to gods word , and the pattern of other reformed churches : whereas in truth the church of england , as it was reformed before the church of scotland ; so it was more exactly and perfectly reformed ( priùs tempore , dic & honore . ) and no marvel ; sith the church of england was reformed by the authority of the prince , and the wisdom of the state : but the church of scotland by the zeal of private men . the church of england was reformed not only in d●ctrine , but also in discipline and liturgy , conformably to the ancient and best churches : whereas the church of stotland , though it imbraced apostolical doctrine , yet it had not the exercise of apostolical discipline since the reformation , till king james of blessed memory restored episcopal government there : where ( they before writing after the copie set by calvin ) they had set up the presbytery , or government by lay elders , unknown to any elder age of the church . but howsoever the glory of the english church of late hath been eclipsed in the eyes of many ; yet by the testimonies of the best reformed churches beyond the seas , in the reign of qu : elizabeth and king james , it may appear , that she shined among all the golden candlesticks set in the western and northern parts of christendom , velut inter●ignes luna minores . she supported all other reformed churches ; and the church of scotland by name ; as their own chronicles relate : and howsoever some thing hath been questioned in the discipline and liturgie of the church of england by the scholars of aerius the heretick , opposing all ecclesiastical hierarchy and liturgie : yet the doctrine of the church of england hath been alwayes kept sarta tecta ; and held sound and orthodox by all that carryed the name of protestants : and the articles of religion , together with the apology of bishop jewell , ( wherein the whole doctrine of the church of england , is comprised ) are inserted into the harmony of protestant confessions ; and approved by the suffrage of all orthodox churches . to swear therefore to endeavour the reforming of the church of england in doctrine , according to the word of god , is either to swear actum agere , to do that which is done already , and so to swear vainly : or to swear to pervert it , it being straight already ; which is to swear impiously . no solemn covenant ( especially confirmed by millions of oaths between two kingdomes ) ought to be made without necessary and urgent occasion : for otherwise in such a solemn and publick manner to call god as it were from heaven to attest with us , would be a taking of his name in vain . such covenanting is like the casting the holy anchor among the athenians , and the creating a dictator among the romans ; never to be acted or attempted , but in some great exigent of state , to preserve it from imminent ruine and destruction . but there is no such necessity at this time of engaging both kingdoms , and locking them fast in such a league : for the popish party is at a lower ebb now in england then it hath been heretofore ; and his majesty hath bound himself by many oaths ( even signed with the blood of his redeemer at the holy communion , ) to maintain the protestant religion ; and not only to enliven the acts formerly made against seminary priests , jesuits , and popish recusants ; but also to give his royall assent to any such further acts as the wisdom of the parliament and state should offer unto him , for the advancement of the protestant , and suppressing of the romish religion . and as for the priviledges of parliament , and liberties of the subject , there needs no entring into this new league for their ratification and confirmation . for they are sufficiently established by former acts of parliament unrepealed , and by the late protestation generally made by all the subjects of this kingdom , may 5. 1641. the reasons alleadged in the preface of the covenant have scarce any colour of truth ; and not so much as a shadow of necessity . reas. 1 the first is , that other means of supplications , remonstrances , protestations , &c. have proved uneffectual : and therefore no remedy for a desperate cure , but this uniting of minds and swords with the strongest tie of a national covenant . answ . whereunto i answer , that to all those supplications , remonstrances , and protestations his majesty hath given gracious answers ; and hath often heretofore , and of late , offered honorable conditions of peace ; which have been refused . reas. 2 the second is , that for the preservation of themselves , and their religion , from utter ruine and destruction , they were constrained to make this league . answ . whereunto i answer , that religion and the church are in danger of ruine and destruction , as well by the anabaptists , brownists , and other sectaries ( who take this covenant , and have grown most insolent upon this new league , ) as by the papists : and that the greatest fear of utterly ruining and destroying this kingdom , is from the continuance of this civill and unnatural war , which is fomented by it . reas. 3 the third is , the commendable practise of these kingdoms in former times . answ . in this reason they plead obsignatis tabulis ; they avouch that which never hath been , nor can be produced ; and the contrary hath been proved before . reas. 4 the last reason is , the example of gods people in other nations . whom they mean by these other nations is expressed in the exhortation to the taking of this solemn league and covenant , p. 5. namely , the netherlands and rochellers . but as he in plato's dialogue said , exemplum ô holpes eget exemplo ; so we may say of these , these are examples without example : late practises in our age and memory , without any precedent in former ages and the best times of the church . neither yet are they parallel to this : for the king of spain ( against whom the netherlands ) and the french king ( against whom the rochellers entred into a league defensive and offensive with us ) were persecuters of the true protestant religion , and oppressors of their known liberty : whereas our gracious soveraign is a professor of the gospell , and a defender of the orthodox protestant faith , and a maintainer of the priviledges of parliament , and liberties of subjects : as appeareth by his royal assent to the petition of right . every one that sweareth , must have an eye to the conditions of a sacred oath set down by the prophet jerem. 4. 2. he must swear in truth , judgement , and righteousness ; in truth not falsly , in judgement not rashly , in righteousness not wickedly . but no man can take this oath in righteousness : for not only scripture , but even nature teacheth every man , that it is an unrighteous thing , if not impious and sacrilegious , to disanul , abrogate , and overthrow the last wils and testaments of all the founders of , and benefactors to bishopricks , deanaries , and cathedral and collegiate churches ; and to alienate their revenues to another end then they intended ; especially those lands being dedicated to god ; and that for the maintenance of his true worship , and not any superstitious end . it is an unjust thing to thrust out a world of men without any crime , or legal forfeiture , out of their dignities , preferments , and estates , whereof they and their predecessors have been legally possessed time out of mind . i appeal to their own consciences , whether a man might lawfully swear to endeavour the extirpation of all the judges of the kings bench , and common pleas , barons of the exchequer , serjeants at law , counsellours , barrestors , and atturneys : or of all maiors , sheriffs , aldermen , common-councel men , masters and wardens of companies , sword bearers , officers and beadles . i am sure such an oath were votum devovendum , and faedus faedum ; not only an illegall , but a detestible and execrable oath . obj. and what can they alleadg to difference this from such a one ? if they say , lord bishops , deans , arch-deacons , &c. are no where mentioned in scripture : no more is there of lord maiors , or lord chief barons , &c. answ . yea but magistrates and judges are named ; though not with such honorable titles . so are bishops and deacons : and there is as great a necessity of ecclesiastical magistrates , as civill ; of order in the church , as in the city and state : of some preferments and encouragements for clergy men , and civilians , as for common lawyers . as this oath cannot be taken in righteousness , so neither in judgement : for who can judiciously swear to preserve the doctrine , discipline , and worship of a nation , which he knoweth not ? how can he swear in truth that he will indeavour to reform the doctrine of the church of england according to gods word , which he knoweth and hath acknowledged in his former protestation , and subscribed to the articles of religion , to be ( as it is ) conformable there-unto . but these reasons have been touched before , and the readers stomachis like to loath cramben his coctam . no oath ought to be taken , or covenant entred into , which is repugnant to the just and wholesome laws of the kingdom now in force . for to take such an oath , is to swear to sin , and consequently to sin in swearing ; unless they can make disobedience to the laws of the land no sin . but this covenant is repugnant to many laws of england ; namely all those statutes and acts of parliament whereby episcopal government and ecclesiastical courts are established and regulated . to this argument it is answered by those who have a hand in pulling down that sacred order that hath laid holy hands upon them : that the acts of parliament are not like the laws of medes and persians , that cannot be altered : and in particular that all the former acts passed in favour of episcopacy , are vertually repealed by that ordinance of both houses , wherein it is resolved , that episcopal government shall be cut off root and branch . reply 1 but neither is this answer any way satisfactory , nor better then their former . for first , the resolution to make an act is not the enacting a law . many things may fall out between such a resolution and the execution thereof : in which interim they who take this new oath may absolutely forswear themselves in breaking the oath of canonical obedience to bishops yet in being . though both houses should concur to make such an act for the utter abolishing of episcopacy ; yet till the royal assent were gained thereunto , such an ordinance could never be improved to an act of parliament ; much lesse of force to repeal many former acts . for as neither the king with the commons without the peers , nor the king and peers without the commons : so neither the peers and commons without the king can make or repeal any act made by the three estates . for that which is established by authority , must be abrogated by equal authority ; and the concurrence of the three estates in their votes is that golden tripos , out of which we are to hear the soveraign and authentical oracles of the law . contrary oaths and protestations may not be taken : for they destroy one the other ; and he that taketh them is like the satyre in the poet , who out of the same mouth bloweth hot and cold . can the fountain , saith st. james , out of the same place send out sweet and bitter waters ? but this new covenant and protestation is contrary to that which was taken by both houses , and all the subjects of this kingdom , may 5. 1641. for in that we swear to maintain the priviledges of parliament and liberties of the subject : ( and no man doubteth but bishops , deans , &c. are subjects ; and their liberties and priviledges are expresly mentioned both in charta magna , and the petition of right : ) but in this we abjure all prelacy ; that is , government by archbishops , bishops , deans , &c. no man ought to sollicit ( much lesse inforce upon penalties ) any of the clergy to take an oath contrary to the oaths they have formerly taken , both in their ordination , and institution and induction into their benefices ; namely the oath of canonical obedience to their bishops , and of the defence and maintenance of the priviledges of their sees . but such is the oath comprised in this new covenant : therefore it can in no wise be taken ; at least by any clergy , and beneficed men . as for these clergy men who pretend that they above all others cannot covenant to extirpate that government , because they have ( as they say ) taken an oath to obey the bishops in licitis & honestis : they can tell , if they please , that they that have sworn obedience to the laws of the land , are not thereby prohibited from indeavouring by all lawful means the abolition of those laws , when they prove inconvenient , and mischievous . and if yet there should any oath be found into which any ministers , or others , have entered , not warranted by the laws of god , and the land : in this case they must teach themselves , and others , to call for repentance ; not pertinacy in them . reply 1 no man absolutely sweareth obedience to the laws of the land actively ( for then every disobedience to the laws of the land should be perjury ) ; but actively or passively ; that is , either to do that which is commanded by the law , or patiently to submit to the penalty thereof . which oath notwithstanding , any member of parliament may move for the abrogation of such a law . i grant that , notwithstanding any ingagement by former oath , a member of the parliament may move to have a bill preferred for the abolition of a law ; in case it hath proved inconvenient and mischievous . but such are not the laws by which episcopacy is estabished , and spiritual courts regulated all the inconveniency and mischief in the church hath grown from the corrupt and ill execution of the laws ; which may be removed by a reformation of the bishops , and inferiour officers , without any change of the law . no man is prohibited from indeavouring the abolition of any law , by lawful means . but this entring into covenant , and swearing the extirpation of bishops themselves , and abrogation of the laws made in favour of them , without and against the kings command , will never be proved a lawfull means of alteration of laws , either by the law of god , or the land . whereas they lispe , but dare not speak out , that the oaths which ministers take at their ordination and institution are unlawful , and call for repentance : i demand of them , whether they are yet unresolved concerning the unlawfulness of their oaths taken at their ordination ? if they are not resolved , will they take a contrary oath , and so run the hazard of perjury ? if their belief of the lawfulness of that oath be pendulous and wavering ; so must needs be their belief of the lawfulness of their ordination , and entring into the ministery . for they hang both upon the same string : if the one slip , the other fals down to the ground . have they not subscribed the articles of religion , whereof one is , the justification of the forme of consecration of archbishops , and bishops ; and of the ordination of priests , and deacons . is it not an expresse canon of the apostle , obey them that have oversight of you in the lord ? and is there any colour of pretence to question the lawfulness of obeying them in licitis & honestis , that is , in things lawful and honest ? let us hear what they can say to this dilemma . either the form of consecration of archbishops and bishops , and ordination of priests and deacons , confirmed together with the articles of religion by act of parliament , is a lawful form , and agreable to gods word ; or not . if lawful and agreable to scripture , then the oath they take at their ordination to obey their ordinary , and submit to his godly admonitions and just censures , god being their helper , bindeth their conscience from taking this , in which they vow their utter extirpation . if it be an unlawful form , and repugnant to holy scriptures , then no bishops or ministers have been lawfully made , or by a lawful form , since the first reformation in england : which to aver were to cast such a fowl blurre upon the church , as cannot be fetched out with the tears , no nor with the bloud of those who so slander the queen of all the reformed churches . this dilemma with the two horns of it , wounds them which way so ever they go . some flie to an extraordinary calling ; but there they are stopt with a counter demand , viz. what miracles do they , whereby they may prove their extraordinary calling ? for an extraordinary calling , must be extraordinarily proved . others say , that oath was tyrannically imposed upon them by the bishops ; and therefore bindeth not their conscience . but they cannot escape this way neither : for oaths imposed by a lawful authority , though tyrannically abused , binde the conscience , if the thing promised be lawful ; not because such an oath is imposed , but because gods name is interposed ; by whom they ingage themselves to the performance of what they have sworn ; so it be not malum in se . besides , it is not true that this oath was imposed by bishops : for it was appointed by act of parliament , in which the articles are confirmed : neither are any ministers inforced to take orders ; but they offer themselves to the bishop , and humbly desire him to lay his holy hands on them ; and freely and voluntarily submit to the taking of this oath of obedience to their ordinary . a third sort answer , that indeed they took the oath of canonical obedience to their bishops ; but they have long ago repented of such an oath . but these are crushed in their flight , and driven to the wall . for if they repent of that oath taken at their ordination , they must repent also of their orders given them by bishops . for their orders were given them upon the undertaking to perform that and other conditions assented to by them , with this clause , so god help me , or god being my helper . again , to repent of a lawful oath taken ( and such i have proved it to be even now ) is in plain english and down right terms , to confesse themseves perjured . and if such an answer might passe for currant , no oath would be any tie upon the conscience : for they might say as these ministers do , that they indeed took such an oath ; but they repent the taking it . a fourth sort answer with some more colour of probability , that the oath made to bishops expired with them : and that bishops now , if they are not dead , yet they are dying , and breathing out their last gaspe ; for both houses have voted them down . but these brethren should have weighed with themselves , and communed with their own hearts , before they put their hands to this new covenant , whether the present votes of both houses can dispense with a lawfull and solemn oath taken at their ordination , and signed with christs bloud at the communion ; which they immediately receive from the hands of the bishop , after he hath laid hands on them ? 2. dalo et non concesso , granting that ( in regard of those precedent votes , and this new covenant taken by both houses for the extirpation of episcopacie , ) bishops might be said to be dying : what then ? doth this discharge them of their oath ? no more then it will a wife for withdrawing her duty and loyaltie from her husband while he is a dying , and looking for a good houre . the ceremonial law was dying as soon as christ was born : yet till it was dead and buried too , both he and his apostles observed it . therefore till episcopacie is dead and buried , this oath may not be lawfully taken by any ordained by them . nay nor then neither , by their leave : for how know they whether it may not be revived and raised up again by future acts of parliament , in times as well affected to the clergie as these are ill ? and if it be so , the wounds of their consciences will bleed afresh . no man can doubt but that episcopacie better sorteth with monarchie then presbytery , or independency ; and it is certain that episcopacie concurring with royal majesty , and the authority of the peers , first constituted parliaments : and it hath likewise been confirmed by parliaments in all succeeding ages . it is a plant which either christ himself planted , or his apostles : as is demonstratively proved in bilson his perpetuall government of the church ; downams answer to paul bains ; dr. reynolds his letter commented upon by the primate of armagh ; and bishop andrews his opusc. it sprung up together with the gospell in this nation ; and hath ever since growne by it as a succour . they were arch-bishops and bishops who had a hand in platting the garland of our peace and safety , by uniting first the two roses ; and after adding the thistle unto them . nay they had the chief hands in planting the reformed religion in this kingdome ; and some of them watered it with their bloud . if in this covenant the wow had been to endeavour the removall of all antichristian prelates , popish archbishops and bishops , corrupt chancellours , arch-deacons and officialls : that would have been no more then as it were pulling off some withered buds from the rod of aaron . but simply to abjure prelacie ( with an english glosse far worse then the scotch text ) that is church government by archbishops , bishops , &c. is either to blast with a poysoned breath , or to pluck up that rod which ever since the reformation hath happily budded in this church ; and to deprive us ( soe farr as in them lyeth ) for ever of the goodly and fair almonds it hath heretofore , and no doubt will in succceding ages bear , if they be not nipt in the bud : many glorious martyres ; such as were cranmer , ridley , latimer , hooper , farrar , philpot : many noble champions of the reformed religion ; as b jewell , bilson , andrews , abbot , fr. white dr. reynolds , nowel , sutcliffe , field : many eminnet preachers ; b. mathews , king , babbington , felton , lake , party dr. sinnewes , thompson , goodwin , eedes , boyse : many munificent patrons of learning , and religion ; founders of , or benefactours to vniversities , schools , colledges , halls , and hospitalls ; as merton , chichley , wai●fleete , wickham , kemp , leichfield , fox , oldham , grindall , whitgift , g. abbot , and divers others . here if they cast in our dish some beckets , and gardiners , and bonuers , which were indeed bitter almonds ; we can easily rid our hands of them . for it was not prelacie , but popery , that imbittered , or rather poysoned them : which poyson , since the reformation , is drawn out , and taken away from episcopacie in england , by the oath at their consecration , which cutteth off all their dependencie from the pope : and since that none have given him a more deadly wound then our learned and every way accomplished vshers , mortons , halls , and prideauxes . howsoever , was there not a saul among the prophets ; a julian among the emperours ; a judas among the apostles , a diotrophes among the elders ; and a nicholas among the deacons ? and must these most sacred and divine callings ( like so many trees of paradise , planted by god himself ) be extirpated for ( here and there , ) some rotten or perished fruit found at some times upon the branches ? desine paucorum diffundere crimen in omnes . yea but manifold abuses have crept into the ecclesiasticall courts ; commutations , delays , and excessive fees . and have not the like , or as bad in secular ? shall we then have no consistories , or courts at all ? the bishops ( as it is objected but not proved ) have corrupted the gospell : and have not some judges the laws ? shall we then have no more judges upon the bench ? a synod of priests and elders condemned our saviour ; and divers councels have defined heresies for doctrines defide , and set up idolatry and superstition : shall we then have no more aslembltes of divines ? nay truth cannot be concealed : rupto jecore exibit caprificus . there have been strange passages in former parliaments , at which our archives and records blush : must we therefore v●te down all votes , and take away all parliaments ? god forbid . let all those who are now most exasperated against the reverend fathers of the church , and others ( as they tearm them ) of the prelaticall clergie ; coole their heat , and put water into their wine , either with that precept of our saviour , judge not that ye be not judged , condemn not that ye be not condemned : or that item of the apostle , devoure not , l●st ye be devoured one of another : or of that modest and ingenuous confessiou of a devout father , toleramus , & toleramur ; we must bear with some things in the clergie , for they must bear with more in the laitie . tolerari , & non tolerare , est intolerabile : he is of a most intolerable nature and disposition , who expects that others should tolerate him in all things , and he tolerate others in nothing : for such a disposition is diametrically opposite to the apostles precept , bear ye one anothers burdens , and so fulfil the law of christ . noe oath ought to be taken , or covenant made , which is against charity ; for covenants and leagues are made to confirm and strengthen , not to weaken or any way loosen those natural and civill tyes , whereby we are bound one to another . charitie is the end of the law , and summe of the gospell ; and bond of perfection it self . as whatsoever is not done out of faith , so whatsoever is not done in charity is sin . but this covenant is against charity , and offers violence to humanity it self . for by it we are bound to loose and untie all bonds whatsoever ; whether , of affinytie , or consanguinity or of intimate friendship , cum qua mariuntur , et pro qua moriuntur verae amiciliae candidat . if our brother , or our sonne and daughter , or the wife that lyes in our bosome , or our friend that is as our own soul , be a malignant ; we are sworn by this covenant to detect them , and betray them to the seve●itie of the close committee , and barbarous cruelty of the sequestrators , and their instruments . and malignants ( in the sense of them who tender this oath ) are all such without exception , who swim against the streame , or rather torrent , that bears all down before it ; all who comply not with the times ; all who complain of the liberties of subject trencht upon , and their propriety invaded ; of churches prophaned , monuments of the dead defaced ; of hundreds of able , and learned , and orthodox divines , of irreprovable life and carriage , turned out of their benefices ; and illeterate ignonoramus's , and zealous beautifeux's set in their rooms ; who preach as familiarly blasphemie and treason , as they pray non-sense : lastly , who make scruple of the managing of this present warr , whereby the kings person and life is endangered . it is t●ue they professe to fight for king and parliament : to rescue the one , and preserve the other . but as in the civill broyles in italie a great commander sometimes said , my sword , though it have a keen edge , and can divide between the bone and marrow ; yet it cannot distinguish a guelf from a gibbeline : so it is most certain , that the canon or musquet bullet distinguisheth not between king and subject ; much lesse between the king his head and his crown ; his person , and his power . the primitive christians ( though they desired nothing more then to glorifie christ by their death , who saved them by his ; and therefore ran with as much alacrity to martyrdome as to silver games wherein prizes of infinite value were to be wonne : yet they ) could never be brought by any tortures or torments to discover any christian to the heathen persecutors that sought to bereave them of their estate , liberty , or life . but here by vertue of this new covenant , not only a christian brother is bound by a strict oath to detect another ; but the son his father , the wife her husband , the daughter her mother , the daughter in law her mother in law , the servant his master , the tennant his landlord , the schollar his tutor , and the pupil his gaurdian : and not to discover them only , but to be active also in bringing them to such heavy censures , as they who have the legislative power in themselves can inflict . what great out-cries have been heard of late ? what bitter invectives against the oath commonly called ex officio ; and that ( as it hath been used in some courts ) not without cause ? but here is an oath , not ex officio , but rather as it may be used contra officium ; not of duty , but against the duty we ow by all laws of god and man to our superiours , inferiours , and equals . bishops and their chancellours were hardly thought of , and suffered much in the opinion of many , for pressing innocent ceremonies , and vestures ; as the cap , surplice , grosse in baptism , ring in marriage , &c. upon all such of the clergy as were instituted and inducted into benefices . what then will be thought of them , who with greater eagerness and violence , under worse penalties , presse upon the conscience not ceremonies , but oaths ; nor upon a few of one calling , but all sorts of men , not innocent , but nocent oaths , to the grievous wounding of their troubled spirits , and utter ruine of their estates ? to conclude with the most christian resolution of lactantius ; religio defendenda est , non occidendo , sed moriendo ; non saevitiâ , sed patientiâ ; non scelere , sed fide . nam si sanguine , si tormentis , si malo religionem defendere velis ; jam non defendetur illa , sed polluetur . nihil enim est tam voluntarium quam religio ; in quâ si animus sacrificantis aversus est , jam sublata est , jam nulla est . the fairest pretence , and most plausible scope and end of them who first devised and framed this oath , was to engage the subjects of england in a firm league with the scots , against the popish party : that so by their associated armes , they might the better protect the protestant religion in england ; and vindicate it , and restore it in ireland . but what if it may be made good by authority of scriptures , and the testimonies of all ages , that christian religion approveth not such a kinde of defence ? that such a strengthening of her cause is indeed the weakning it ; and such a forcible propugning the protestant doctrine , a strong opposition to it , and a real impugning it ? surely mr. coleman in his sermon commanded to the presse by the authority of the high court of parliament , saith as much terminis terminantibus ; and verish , not only disertis , but exertis , pag. 36. may the reformation of religion be brought in by armes ? i answer negatively ; it may not . the sword is not the means which god ordained to propagate the gospel . go and teach all nations ; not go and subdue all nations , is our masters precept . and bosquier truly observeth , that fish will not be caught with a bloudy net : if they spie but a drop of bloud upon it , they will swime away . nay christ himself refused to be rescued by force of armes ; commanding peter to put up his sword ; and adding withal , he that taketh up the sword , shall perish by the sword . and if the ancient doctors as well as historians may be believed , they speak out , and tell us , that christian religion though she could , yet never would draw any other weapons in her defence against the powers that are ordained of god , then prayers and tears : and therefore her style was , ( when she had cause to weep and lament for thousands of her children executed with most exquisite torments by bloudy persecutours ) in her remonstrances to the emperours , rogamus auguste , non pugnamus : we prostrate our selves at thy feet , o noble emperour ; we rise not up in armes against thee : for we have learned from our master , that true and undefiled religion before god is , to be defended , not by the sword , but by the word ; not by resistance , but by patience ; not by wickedness , but by loyalty ; not by killing , but by dying . for if religion be defended and maintained otherwayes , ( as by laying wast countries , plundring cities and villages , slaughtering men , and copious effusion of bloud ) she will not be thereby defended , but defiled . god open our eyes that we may see the way chalked out before us in his word ; and in this day of our visitation timely pursue those things that belong to our peace ! amen and amen . the end . d. f. his speech before the assembly of divines , concerning the new league and covenant . m. prolocutor , our brethren of scotland desire a resolution from this assembly , concerning the necessity and lawfulness of entring into this new league : and how can we resolve them , if we be not resolved our selves , as some of us are not ? i shall therefore humbly offer to your serious consideration , whether it be not fit to qualifie the word prelacy , when it is ranked with popery and superstition , after this manner ; i will endeavour the extirpation of popery , and all antichristian , tyrannical , or independent prelacy ? for otherwise by abjuring prelacy , absolutely some of us shall swear to forswear our selves . for prelacy , as also hierarchy , in the former and better ages of the church were taken in the better part ; hierarchy signifying nothing but a holy rule or government ; and prelacy the preeminence of one in the church above another . prelation is a relatio disquiparantiae , and praelati are relati to those over whom they are set ; who may be either the flock , or the pastors themselves . if the flock , in that sense all that have charge of souls may be truly called praelati , viz. gregi ; for they are set over them to be their over-seers and spiritual rulers , act. 8. 28. 1 pet. 5. 2. heb. 13. 17 , 24. 1 tim. 5. 17. in this sense both st. gregory and bernard take the word ; praelati non quae sua sunt , sed quae domini , quaerant : & non pastores , sed impostores ; non doctores , sed seductores ; non praelati , sed pilati : let prelates not seek their own , but those things which are the lords ; now a dayes we have not teachers , but seducers ; not shepherds , but deceivers ; not prelates , but pilats : in which sentence , teachers , pastors , and prelates are ranged together , as signifying the same persons : in which elegant antanaclasis you hear that doctors , pastors , and prelates , are a kind of synonyma's . in this sense if we condemn prelates , and vote their exterpation ; we shall with one breath blow all the divines that have cure of souls , not only out of this assembly , but out of their parsonages , and vicaridges also . but if praelati are here in this covenant taken in reference to pastors themselves , and ministers of the gospel ; and thereby such are meant only who are praepositi clero , set over clergy-men themselves , as having not only some precedency to , but authority over the rest : neither in this sense may we piously swear the eradication of them . for there are classes in the netherlands , intendents and super-intendents in germany ; presidents in the reformed synods in france ; and masters , provosts , and heads of colledges , and hals in our universities , who have a kind of prelacy , and authority over the fellows and students , whereof the major part are divines , and in holy orders . here i conceive it will be said , that none of these are aimed at ; but only diocesan bishops already banished out of scotland . and prelates indeed they are in a more eminent degree ; and if prelacy be restrained to them , it is episcopacy that is principally shot at ; to the extirpation whereof i dare not yield my vote or suffrage , lest this new oath intangle me in perjury . for both my self , and all who have received orders in this kingdom by the imposition of episcopal hands , have freely engaged our selves by oath to obey our ordinary , and to submit to his godly judgement , and in all things lawful and honest to receive his commands . if then we now swear to endeavour the abolishing of episcopacy , we swear to renounce our canonical obedience ; that is , as i apprehend , we swear to forswear our selves . it is true that the dr. was furnished with many other reasons for episcopacy , besides these ; and of some he gave a hint in the assembly it self upon other occasions , as namely these that follow . dr. featley's sixteen reasons for episcopal government , which he intended to have delivered in the assembly immediately after his precedent speech ; but was not permitted . 1. that the name of episcopacy , even as it signifieth a degree of eminency in the church , is a sacred and venerable title ; first in holy scripture ascribed to our blessed redeemer , who as he is dominus dominantium , lord of lords , so also , episcopus episcoporum , bishop of bishops , the shepherd and bishop of our souls : next to the apostles , whose office in the church is styled by the holy ghost episcope , a bishoprick , let another take his bishoprick ; though it be translated , let another take his office , yet the original signifies not an office at large , but an episcopal function ; that office which judas lost , and matthias was elected into ; which was the office and dignity of an apostle : * lastly to those whom the apostles set over the churches , as namely , to timothy and titus , who in the subscription of the apostles letters , divinely inspired , are styled bishops in the restrained sense of the word 2 tim. 4. written from rome to timotheus , the first bishop elected of the church of ephesus ; and to titus , the first elect bishop of the church of the cretians . how ancient these subscriptions are , it is not certain among the learned . if they bear not the same date with the epistles themselves ( the contrary whereof neither is nor can be demonstrated ) , yet they are undoubtedly very ancient , and of great authority . and in them the word bishop cannot be taken at large for any minister or presbyter , but for a singular person in place or dignity above other pastors ; for there were many other presbyters in ephesus , both before and besides timothy , act. 20. 27 , 28. and in the island of creet or candie there must of necessity be more then one pastor or minister . besides , st. paul investeth timothy in episcopal power , making him a judge of presbyters , both to rebuke them , 1 tim. 5. 1 and to prefer and reward them , vers. 17. and to censure them , ver. 19. against an elder receive no accusation , but under two or three witnesses ; and giveth to titus exp●esly both potestatem ordinis & jurisdictionis , of o●der and jurisdiction ; of order in these words , chap. 1. 5. that thou shouldst ordain elders in every city ; and of jurisdiction , i left thee in creet that thou shouldst continue {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to correct or red esse the things that remained , or those things which the apostle before intended to amend , but had not redressed . 2. the angels of the seven churches , apoc. 10. 20. were no other in the judgement of the best learned * commentators both ancient and later , then the bishops of those sees ; for in those provinces or territories there cannot be conceived to be lesse then many hundred ordinary preachers and pastors ; yet there were but seven precisely answering to the seven golden candlesticks . seven candlesticks , seven lights burning in them , these can be no other then seven prime pastors , who had the oversight of the rest : for the errors and abuses in all those churches are imputed to them , and they reproved for not redressing them , chap. 2. 14. thou hast them that maintain the doctrine of balaam ; and vers 20. thou sufferest the * woman jezebel to teach , &c. 3. it is confessed by molinaeus , and other learned patrons of presbyterial government themselves , that episcopacy is a plant , either set in the church by the apostles themselves , or their immediate successors in the first and best ages of the church ; and is it agreeable to piety to swear the extirpation of such a plant ? 4. it cannot be denyed , that when the church most flourished , and was of far larger extent then now it is , over the face of the christian world ; there was no * other government then episcopacy regulated by divine precepts , and ecclesiastical canons : and shall we swear to extirpate that government under the which the church most thrived and slourished ? shall we swear against our prayers , viz. for the rooting out of that , upon which we are enjoyned to pray god to pour down the dew of his blessing ? surely the dew of heaven burns not the root of any plant upon earth , but waters it and makes it grow . 5. they were bishops who had the chiefest hand , first in the plantation of christian religion in the dayes of lutius , king of britan ; and after in the restitution in the dayes of etheldred king of kent ; and in the reformation of it in the reign of edward the sixth , and queen elizabeth : and is it a religious act to eradicate that government and power which both planted and pruned religion it self ? 6. christ died not intestate ; he made his last will and testament , and by it bequeathed many legacies to his church ; and among them not onely catholike doctrine , but discipline also . this discipline , if it be not episcopal government moderated by evangelical and apostolical rules , the whole church is guilty of the losse of a sacred and precious jewel ; for certain it is out of records of all ages of the church , that no other was ever retained or can be found save this , before the religious reformer and magistrates of geneva , having banished their popish bishops , were after a sort necessitated to draw a new plat-forme of ecclesiasticall discipline by lay-elders . christ , as the apostle teacheth us , was faithfull in the house of god , as moses : and if moses , after his forty dayes speech with god on the mount , received a patern from god and delivered it to the jewes , not only of doctrine but of dicipline also , which continued till christs coming in the flesh ; it cannot be conceived , but that christ left a pattern of government to his church , to continue till the end of the world : and doubtlesse , his apostles with whom he conversed forty dayes after his resurection , speaking of those things which appertain to the kingdom of god , act. 3. 1. delivered that to the church which they received from their master . what government or discipline was that ? there can be conceived but three formes of government ; episcopal , most conformable to monarchy ; presbyterial to aristocracy , and independent as they tearm it , to democracy . presbyterial or independent it could not be , for presbyterial is no elder then the reformation in geneva , and the independent no elder then new-england ; whereas episcopal government hath been time out of mind , not in one but in all churches . a and sith it was not first constituted by any sanction of a general counsel , it follows necessarily , according to st. augustins observation , that it must needs be an apostolical institution . for what not one church , but all churches , not in one age , but all ages , hath uniformly observed and practised , and no man can define who , after the apostles , were the beginners of it ; must needs be supposed to be done by order or tradition from them . 7. this form of government was not only generally received and embraced by catholicks , but even by hereticks and schismaticks ; who though they severed from the communion of the church in doctrine , yet not in discipline . for the novatians and donatists had bishops of their own , from whom they took their names ; only * aerius , who stood for a bishoprick , and missed it , out of discontent broached that new doctrine wherewith the heads of our schismaticks are so much intoxicated , viz. that there ought to be no distinction in the church between a bishop and a presbyter : and for this confounding those sacred orders , was himself ranked among hereticks , and stands upon record in the bedrolls of them made by epiphanius , angustin , and philastrius . it is true , he had other brands on him ; but this was the proper mark put upon him by those ancient fathers , who mention this tenet of his as erroneous and heretical . i grant some of the ancient doctors affirm , that in the beginning , till the prevention of schism made this distinction between bishops and presbyters , they were all one in name , as now they are in those essential parts of their function , viz. preaching of the word , and administration of the sacraments . but aerius was the first who professedly oppugned the ecclesiastical hierarchy , maintaining , that there ought to be no difference and distinction between bishops and elders . 8. this assertion of aërius , as in the doctrine thereof it was defined by the doctors of the church to be heresie , so in the practise thereof it is condemned by the great councel of chalcedon , to be sacriledge : to confound , say they , the ranks of bishops and elders , and to bring down a bishop to the inferior degree of an elder , is no lesse then sacriledge . now i would fain know how that comes to be truth now , which was condemned for heresie ; and to be piety now , which was branded for sacriledge above 1200 agoe . 9. neither were the fathers of the councel of chalcedon only zealous in this cause , which so much concerned the honour of the church : but the other three also , whose authority st. gregory held to be the next to the four evangelists and the doctrine thereof is after a sort incorporated ; into our acts of parliament , eliz. 1. in these councels which all consisted of bishops , episcopacy it self is almost in every canon and sanction either asserted or regulated 10. next to the primitive church , we owe a reverend respect to the reformed churches beyond the seas ; who either have bishops , as in poland , transilvania , denmark , and swethland ; or the same function is in nature , though not in name : to wit , intendents and super-intendents ; as they would have them if they could , as i understood from many ministers in france ; or at least approve of them , as appeareth by the testimony of beza , sadiel , scultetus , and others . 11. what should i speak of the articles of religion ratified by a sequence of religious princes succeeding one the other , and confirmed by act of parliament ; to which all beneficed men are required under pain of losse of their livings , within a moneth to professe their assent and consent , in which , both the power and consecration of bishops and ministers is expresly asserted , and their distinction from presbyters ? or of the statute of carlile , the 15. of edw. 2. and the first of qu. eliz. with very many other unrepealed acts , in which episcopall government is either related unto , or regulated and confirmed in such sort , that quite to abolish and extirpate it would bring a confusion , and make a stop as well in secular as ecclesiastical courts ? and therefore our zealous reformers , if they think themselves not too good to be advised by the great counsellor , ought to take heed how they rashly and unadvisedly pluck up the tares , as they esteem them , of holy canons and ecclesiastical laws , ne simul eradicent & triticum , lest together with those tares ( as they count them ) they pluck up by the roots the good wheat of many profitable and wholesome laws of the common-wealth and acts of parliament . 12. but if the authority of both houses could soon cure these sores in precedent acts of parliament , yet how will they make up the breaches in the consciences of all those , who in the late protestation and this new covenant , have taken a solemn oath to maintain the priviledges of the members of parliament , and the liberties of the subject ? the most authentical evidence whereof , are charta magna , and the petitionof right ; in both which the rights of the church and priviledges of episcopal sees , are set down in the fore-front in capital letters . 13. to strain this string a little higher , the power of granting congedeliers , together with the investitute of archbishops , bishops , and collation of deanries , and prebends , with a setled revenue from the first-fruits and tenths there , is one of the fairest flowers in the kings crown ; and to rob the imperial diadem of it ( considering the king is a person most sacred ) is sacriledge in a high degree ; and not sacriledge only , but perjury also in all those who attempt it . for all graduates in the university , and men of ranck and quality in the common-wealth , who are admitted to any place of eminent authority or trust , take the oath of supremacy , whereby they are bound to defend and propugne all preeminences , authorities , and prerogatives annexed to the imperial crown ; whereof this is known to be one inherent in the king , as he is supreme head of the church within his realms , and defender of the faith . 14. yet for all this , admit that reason of state should inforce the extirpation of episcopacy thus rooted , as it hath been said , both in the royal prerogative and priviledge of the subject , and in the laws of the land ; it is a golden maxim of law , possumus quod jure possumus , we can do no more then lawfully we may . if episcopal government must be overthrown , it must be done in a lawful way : not by popular tumults , but by a bill passed in parliament ; and that to be tendered to his majesty for his royal assent . and how such a bill can be pressed upon his majesty , who hath taken an oath * at his coronation , to preserve bishops in their legal rights , i must learn from our great masters of the law . for by the gospel , all inducements to sin are sin ; and solicitations to perjury are tainted with that guilt : neither is there any power upon earth to dispence with the breach of oaths lawfully taken . 15. if we desire that this church of england should flourish like the garden of eden , we must have an eye to the nurseries of good learning and religion , the two universities ; which will never be furnished with choice plants , if there be no prefe●ments and incouragements to the students there , who for the far greater part bend their studies to the queen of all professions , divinity ; which will make but a slow progresse , if bishopricks , deanries , archdeaconries , and prebendaries , and all other ecclesiastical dignities , ( which , like silver spurs , prick on the industry of those who consecrate their labours and endeavours to the glorifying of god , in imploying their talent in the ministery of the gospel , be taken away . what sails are to a ship , that are affections to the soul ; which if they be not filled with the hope of some rewards , and deserved preferments , as a prosperous gale of wind ) our sacred studies and endeavours will soon be calmed : for , * honos alit artes ; omnesque incenduntur studio gloriae ; jacentque ea semper , quae apud quosque improbantur ; honor nourisheth arts ; and all men are inflamed with desire of glory ; and those professions fall and decay , which are in no esteem with most men . and if there are places both of great profit , honor , and power propounded to states-men , and those that are learned in the law , like rich prizes to those that prove masteries ; shall the professors of the divine law be had in lesse esteem then the students and practicers in the municipal ? and shall that profession only be barred from entring into the temple of honour , which directeth all men to the temple of virtue ; and hath best right to honour by the promise of god , honorantes me honorabo , those that honor me , i will honor ; because they most honour god in every action of their function , which immediately tendeth to his glory ? they will say ; that episcopal government hath proved inconvenient and prejudicial to the state ; and therefore the hierarchy is to be cut down , root and branch . of this argument we may say , as cicero doth of cato his exceptions against * murena , set aside the authority of the objectors , the objection hath very little weight in it . for it is liable to many and just exceptions , and admitteth of divers replyes . first it is said , that episcopal government is inconvenient and mischievous , and prejudicial to the state : but it was never proved to be so . secondly , admit some good proof could be brought of it ; yet if episcopacy be of divine institution , as hath been proved , it must not be therefore rooted out ; but the luxurious stems of it pruned , and those additions to the first institution from whence these inconveniences have grown ought to be retrenched . thirdly , if episcopacy hath proved inconvenient , and mischievous in this age , which was most * beneficial and profitable in all former ages , the fault may be in the maladies of the patient , not in the method of cure . this age is to be reformed , not episcopacy abrogated ; that the liberty and looseness of these times will not brook the sacred bands of episcopal discipline , is rather a proof of the integrity thereof , then a true argument of any malignity in it to the state : without which , no effectual † means or course can be taken , either for the suppressing schismaticks , or the continuation of a lawful and undenyable succession in the ministery . 16. lastly , though some of late think they have brought gold , and silver , and precious stones to build the house of god , by producing some stuff out of antiquity , to prove the ordination of presbyters by meer presbyters ; yet being put to the test , it proves meer trash : for there can be no instance brought out of scripture of any ordination , without imposition of apostolical or episcopal hands ; neither hath prime antiquity ever approved of meer presbyters laying hands one upon another , but in orthodoxal councels revoked , cassated , and disannulled all such ordinations , as we may read in the apologies of * athanasius , and elsewhere . what shall i need to add more , save the testimony of all christians of what denomination soever under the cope of heaven , save only the mushrom sect of brownists sprung up the other night , all who have given their name to christ , and acknowledge and have some dependence on either the patriarch of constantinople in the east , or of rome in the west , or of muscovia in the north , or of alexandria in the south , together with the cophtie , maronites , abissones , and chineses , not only admit of episcopal government , and most willingly submit to it , but never had , or at this day have any other ? neither is this , or can it be denyed by our aerians : but they tell us , that these are christians at large , who hold many errors and superstitions with the fundament●ls of christian doctrin : their churches are like oare not cleansed from earth ; like gold not purged from dross ; like threshed wheat , not fanned from the chaffe ; like meal not sifted from the bran ; like wine not drawn off the lees : we are , say they , upon a reformation , and the new covenant engageth us to endeavour the reformation of the church of england in doctrine , worship , discipline , and government , according to the word of god , and according to the example of the best reformed churches . the best reformed , which are they ? whether the remainders of the waldenses and albigenses in piemont , and the parts adjoyning ; or of the taborites in bohemia ; or of the lutherans in germany ; or those that are called after the name of calvin in france , and else where ? first , for the waldenses , the fore-runners of luther , as he himself confesseth , they had bishops who ordained their pastours ; a catalogue whereof we may see in the history of the waldenses , first written in french , and after translated into english by a learned herald . secondly , for the luther an churches , they have prelates governing them , under the titles of archbishops and bishops in poland , denmark , and sw●thland ; but under the name of super intendents & intendents in germany : and as for their judgement in the point , it is expresly fet down in the * apology of the augustane confession , in these words , we have often protested our earnest desires to conserve the discipline of degrees in the church by bishops . nay , * luther himself , who of all men most bitterly inveighed against the antichristian hierarchy , yet puts water into his wine ; adding , let no man hereby conceive , that i speak any thing against the state of bishops , but only against romish wolves and tyrants . neither are the lutherans of another minde at this day , witness their every-way accomplished † gerard : none of us , saith he , affirmeth , that there is no difference between a bishop , or presbyter , or priest ; but we acknowledge a difference of degrees , for good order sake , and to preserve concord in the church . here , me-thinks , i see the smectimnuans bend their brows , and answer with some indignation : what have we to do with lutherans who have images in their churches , and auricular confession , and maintain consubstantiation , and ubiquity , and intercision of grace , and many other errors ? we are of calvin , and hold with the doctrine and discipline of geneva , which hath no allay at all of error and superstition , but is like the pure angel-gold . here though i might ( as many have done ) crave leave to put in a legal exception against the authority of calvin and beza in matter of discipline , because they had a hand in thrusting out the bishop of geneva , and the lay presbyterian government was the issue of their brain ; and we know it is natural for parents to dote upon their own children and accompt them far fairer and more beautiful then indeed they are : yet such was the ingenuity of those worthy reformers , and such is the evidence and strength of truth , that in this point , concerning the abolition of episcopacy in the church of england , i dare chuse them as umpires . first , let * calvin speak in his exquisite treatise concerning the necessity of reforming the church , the most proper place ( if any were ) clearly to deliver his judgement in this controversie ; where , having ●ipt up the abuses of the romish hierarchy , in the end thus he resolves : let them shew us such an hierarchy , in which the bishops may have such preheminency , that yet they refuse not themselves to be subject to christ , that they depend upon him as the only head , and refer all to him , and so embrace brotherly society , that they are knit together by no other means then his truth , and i will confess they deserve any curse , if there be any who will not observe such an hierarchy with reverence and greatest obedience . after him , let us hear † bezae in that very book which he wrote against saravia , a prebend of canterbury , concerning different degrees in the clergy : but , saith he , if the reformed churches of england remain still supported with the authority of their archbishops and bishops , as it hath come to passe in our memory , that they have had men of that rank , not only famous martyrs , but most excellent doctors and pastours ( which happiness i , for my part , wish that they may continually enjoy ) &c. surely , he that so highly extolled our bishops , and wished that that order might , like the tree in the poet , continually bring forth such golden boughs and fruit , would not readily swear to endeavour the utter extirpation thereof . the end . by the king . his majesties proclamation , forbidding the tendring or taking of the late vow or covenant , devised by some members of both houses , to engage his majesties good subjects in the maintenance of this odious rebellion . whereas we have lately seen a vow or covenant pretended to be taken by some members of both houses of parliament , whereby after the taking notice of a popish and traiterous plot for the subversion of the true reformed prote stant religion , and the liberty of the subiect and to surprize the cities of london and westminstr , they do promise and covenant according to their utmost power to assist the forces pretended to be raised and continued by both houses of parliament , against the forces raised by vs , and to assist all other persons that shall take the said oath , in what they shall do in pursuance thereof ; which oath as the same hath been taken without the least colour or ground , the contrivers thereof well knowing that there is no popish army within this kingdom , that we are so far from giving countenance to that religion , that we have alwayes given , and alwayes offered our consent to any act for the suppression of popery , and the growth thereof ; and that the army raised by vs is in truth for the necessary defence of the true reformed protestant religion established by law , the liberty and property of the subiect , and our own iust rights according to law ; all which being setled and submitted to or such a free and peaceable convention in parliament being provided for , that the same might be setled , we have offered and are still ready to disband our armies : and as the said oath was devised only to prevent peace , and to pre-engage the votes of the members of both houses ( directly contrary to the freedom and liberty of parliament ) and to engage them and our good subiects in the maintenance of this horrid and odious rebellion ; so it is directly contrary , as well to their natural duty as to the oaths of allegiance and supremacy established by law , which obliges them to bear to vs truth and faith of life , members and earthly honour , and to defend vs to the utmost of their powers against all conspiracies and attempts whatsoever , which shall be made against our person , our crown and dignity and to do their best endeavours to disclose and make known to vs all treasons and traiterous conspiracies which shall be against vs and to their power to assist and defend all iurisdictions . priviledges , preheminences and authority belonging to vs , or united and annexed to the imperial crown of this realm . and whereas we are informed , that some desperate seditious persons do endeavour to perswade and seduce others of our good subiects to take the saith oath , thereby to engage them and this kingdom into a continuanee of these miserable and bloudy distempers , we do therefore out of grace and compassion to our people , and that they may not by any craft or violence suffer themselves to be seduced against their duty and conscience , warn them of their natural allegiance , and their obligations by oaths lawfully administred to them , and wish them to remember the great blessings of god in peace and plenty , which the whole kingdom hath received , whilst that duty and those oaths were carefully observed , and the unspeakable miseries and calamities they have suffered in the breaking and violation thereof . and we do straitly charge and command our loving subiects of what degree and quality soever , upon their allegiance , that they presume not to take the said seditious and traiterous vow or covenant , which endeavours to withdraw them from their natural allegiance which they owe unto vs , and to which they are or ought to be sworn , and are bound by the known laws of the land , albeit they are not sworn , and engages them in acts of high treason by the express letter of the statute of the 25th . year of king edward the third . and we do likewise hereby forbid and inhibit all our subiects to impose administer or tender the said oath or covenant : and if notwithstanding this our gracious proclamation any person shall presume to impose , tender , or take the said vow or covenant , we shall proceed against him or them with all severity according to the known laws of the land . given at our court at oxford , the one and twentieth day of june , in the nineteeth year of our reign . god save the king . notes, typically marginal, from the original text notes for div a85184e-730 a malach. 4. 2. b psal. 13. 43. c sat. 8. d m. t. cic. in tusc. qu. l. 2. e max. serm. de benef. f aelius lamgrid . g plut in apoph . h see his life and d●ath in a bo●k entituled 〈◊〉 {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . notes for div a85184e-2730 hos. 13. 9. mar. 5. 26. sen. de benef. psal. 126. 5. aug. serm. de johan . bap. cyprian se●n . l. 4. de im nort . notes for div a85184e-6280 mat. 8. 24 , 25. mat. 16. 26. mat. 13. 46. notes for div a85184e-7310 mr. nye . p. 21. our last refuge . tabula post naufragium . hendersons speech , p. 32. were this covenant written on the plaster of the wall , over against the pope , beshazzar-like in his sacrilegious pompe ; it would make his heart to tremble , his countenance to change , his head and miter to shake , his joynts to loosen , and all his cardinals and prelates to be astonished at it . e. w. his preface to the solemn league : it is the cleerest that ever was penned here below ; the finger of god is in it too . by help of that hand which wrote the ten words first , this was indicted and written sure enough : for truly it is as the good word of god . the covenanters answer . reply . see mr. coleman his sermon . the covenanters answer . coleman serm. p. 21. nye's speech , p. 15. reply 1. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . eccles. 5. 1. the covenanters answer . mr. case serm. p. 42. ch. 10. 28. mr. white in a sermon at lambeth . reply 1. ch. 10. 28. see the assembly at perth . cic. off . eras. adag. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . the covenanters answer . eras adag. de tripode dictum . jam. 3. 11. the covenanters answer . see exhortation to the taking of the solemn league , p. 4. article 36. heb. 13. 7. the ordering of priests . quest . will you reverently obey your ordinary , and other chief ministers , unto whom the government and charge is committed over you , following with a glad minde and will their godly admonitions , and submitting your selves to their godly judgements ? answ . i will so do , the lord being my helper . ob. sol. ob. sol. math. 7. 1. gal , 5. 15. gal. 6. 2. divin. instit. lib. 5. c. 20. mat 26. 52. notes for div a85184e-25640 1 pet. 2. 25. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . act. 1. 20. * ambros. com . in ephes. cap. 4. v. 10. apostoli sunt episcopi . jerom. ad marcel . apud nos apostolorum locum tenent episcopi . cyp. c. 7. l. 3. apostolos , ●d est , episcopos , & praepositos dominus elegit . august . in psal. 45. loco patrum erunt silii , id est . apostolorum episcopi . et ibid. dilatatum est evangelium in omnibus sinibus mundi ; in quibus principes ecclesiae , id est , episcopi sunt constituti . * aug. ep. 162. & comment in apoc. hom 2. ambrose 1 cor. 11. 16. occumenus , arethas , marlorat . pareus in apoc. c. 1. 2. policarp . episcopus smyrnae , onesimus ephesi , antipas pergami , &c. * edit , teclae , it is {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} thy wif , which demonstrateth that the angell there signifieth one singular man of authority in the church , and not the whole clergy of that place , ep. ad episc. winton . * concil. nice . can. 5. conc. antioch , can. 6. concil. sard. can. 14. conc. chal. act. 15. c. 29. ignatius in ep. ad philad. irenaeus l. 3. c. 3. tertul. l. de baptismo . euseb. l. 6. c. 40. jerom ep ad nepot . optatus l. 1. cont. parmen. amb. in eph. cap. 4. basil eph. 70. * epiphanius haeres 75. p. 295. aug. ad quod vult deum . aëriani ab aërio quodam sunt nominati , qui cum esset presbytr , doluisse fertur quod episcopus non patuit ordinari , dicebat presbyterum ab episcopo nulla differentia debere discorni . hieron. in tit. con. 1. art. 15. c. 29. episcopum in presbyteri gradum reducere est sacrilegium . anatolius constant . episcop . dixit , ij qui dicuntur ab episcopali dignitate ad presbyteri ordinem descendisse , si justis de causis condemaantur , nec presbyteri honore digni sunt . see art. 36. & l. de consecrat . it is evident to all men reading holy scriptures and ancient authors , that from the apostles time there have been these three orders in the church of christ , and that a bishop ought to correct and punish such as are unquiet , criminous and disobedient within his diocess , according to such authority as he hath by the word of god . * vide , record in exchequer . i will preserve and maintain to you and the churches committed to your charges , all canonical priviledges , and i will be your protector and defender to my power , by the assistance of god , as every good king in his kingdom in right ought to defend the bishops , and churches under their government , &c. then laying his hand on the book on the communion table , he saith , the things which i have before promised , i shall perform and keep , so help me god , and by the contents of this book . * cic. tusc. quast . ob. sol. * pro mur. tolle nomen catonis . * statut. edw. 3. ann. 25. the church of england was founded in the state of prelacy , &c. for we ow to it our best laws , made in the saxon times , and charta magna it self : the enion of the two roses , york and lancaster , the marriage with scotland ; and above all , the plantation and reformation of true religion . see vindication of episcopacy , pag. 23 , 24. see also the statute book of 16 rich. 2. where the commons shew , that the prelates were much profitable and necessary to their soveraign lord the king , and the realm , &c. † jerome advers. luc. c. 4. ecclesiae salus à summi sacerdot●s dignitate pendet , cui si non exors quaedam , & ab omnibus eminens detur protestas , tot in ecclesia efficientur schismata , quot sacerdotes . cypr. ep. 3. non aliunde haereses abortae sunt , aut nata schismata , quan inde quod sacerdoti dei non obtemperatur ; nec unus in ecclesia ad tempus sacerdos , & al tempus judex vice christi cogitatur . * athanas . apol. 2. colithus quidam presbyter in ecclesia . alexandrina alios presbyteros ordinare praesumpserat ; sed rescissa fuit ejus ordination , & omnes ab ●o constituti presbyteri in laicorum ordinem redacti . see epiph. haer. 75. the order of bishops begets fathers in the church : but the order of presbyters sons in baptism , but no fathers or doctors . see also g. abbot in his tract of the visibility of the church , and in his answer to hill . * apol. confess . augustan . c. de numero & usu sacrament . not saepe protestati sumn● summa cum voluntate conservare politiam ecclesiasticam , & gradus in ecclesia factos etiam summa authoritate : scimus enim utili consilio ecclesiasticam disciplinam have mode quo veteres eam describunt constitutam . * luther tom. 2. p. 320. nemo contra statum episcoporum & veros episcopos , vel bonos pastores dictum putet , quiquid contra hos tyrannos dicitur . † gerard . de ministerio eccles. nemo nostrum dicit nihil imeresse inter episcopum , & presbyterum ; sed agnoscimus distinctionem graduum propter {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ecclesiae , ut concordia conservetur . * calv. de necess . reform . ecclesiae . talem nobis hierarchiam si exhibeant , in qua sic emin●ant episcopi , ut christo subesse non recusent , ut ab i●o tanquam unico capite pendeant & ad ipsum referantier , in qua sic inter se fraternam societatem colant , ut non alio modo quam e●us verit●te sint colligati ; tum vero nullo non anathemate dignos fateor , si qui erunt , qui noa eam reverenter , summaque obedientia observent . † beza de grad. minist. evang. c. 18. sess. 3. quod si nunc ecclesiae instauratae anglicanae suorum episcoporum & archi episcoporum authoritate suffultae perstant , quemadmodum hoc illis nostra memoria contigit , ut ejus ordinis homines non tantum insignes dei martyres , sed etiam praestantissimos doctores & pastores habuerit , &c. the bounds & bonds of publique obedience, or, a vindication of our lawfull submission to the present government, or to a government supposed unlawfull, but commanding lawfull things likewise how such an obedience is consistent with our solemne league and covenant : in all which a reply is made to the three answers of the two demurrers, and to the author of the grand case of conscience, who professe themselves impassionate presbyterians. rous, francis, 1579-1659. this text is an enriched version of the tcp digital transcription a57691 of text r15008 in the english short title catalog (wing r2013). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 146 kb of xml-encoded text transcribed from 37 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a57691 wing r2013 estc r15008 11846585 ocm 11846585 49850 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a57691) transcribed from: (early english books online ; image set 49850) images scanned from microfilm: (early english books, 1641-1700 ; 38:16) the bounds & bonds of publique obedience, or, a vindication of our lawfull submission to the present government, or to a government supposed unlawfull, but commanding lawfull things likewise how such an obedience is consistent with our solemne league and covenant : in all which a reply is made to the three answers of the two demurrers, and to the author of the grand case of conscience, who professe themselves impassionate presbyterians. rous, francis, 1579-1659. [2], 66 p. printed for john wright ..., london : 1649. in reply to: a religious demurrer, a second part of the religious demurrer, and the grand case of conscience stated. written by francis rous. cf. halkett & laing (2nd ed.). errata: p. 66. reproduction of original in huntington library. eng solemn league and covenant (1643) grand case of conscience stated. religious demurrer. allegiance -early works to 1800. political science -early works to 1800. a57691 r15008 (wing r2013). civilwar no the bounds & bonds of publique obedience. or, a vindication of our lawfull submission to the present government, or to a government supposed ascham, antony 1649 27599 96 0 0 0 0 0 35 c the rate of 35 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2003-08 tcp assigned for keying and markup 2003-09 spi global keyed and coded from proquest page images 2003-10 judith siefring sampled and proofread 2003-10 judith siefring text and markup reviewed and edited 2003-12 pfs batch review (qc) and xml conversion the bounds & bonds of publique obedience or , a vindication of our lawfull submission to the present government , or to a government supposed unlawfull , but commanding lawfull things . likewise how such an obedience is consistent with our solemne league and covenant . in all which a reply is made to the three answers of the two demurrers , and to the author of the grand case of conscience , who professe themselves impassionate presbyterians . london printed for iohn wright at the kings head in the old-bayley , 1649 , the bounds and bonds of publique obedience , or a vindication of our lawfull submission to the present government , or to a government supposed unlawfull , but commanding lawfull things . i know not by what fate or misfortune it comes to passe , that in the disquisition of a truth ( though a simple uniforme thing ) yet the contests about it , are usually infinite , and it is as difficult a thing to disincumber it feom errours , as it is a good field from weeds and brambles ; which when the country man hath burnt to ashes , and thinks he hath quite destroyed , the next yeare to his astonishment he sees them return more numerous then before . surely our unhappinesse in the e●adication of civill errours is , that we speake more to the affections then to the iudgement , and therefore offer passion in stead of reason , or make one but the counterfeit of the other , or else not affecting one anothers persons , we fling headily into opposite paths or principles , in which not treading together at first , we cannot possibly meet together at last , and in this aberration we loose both truth and our selves . thus we finde it in these three severall answers to the first treatise , in which ( and the unhappilier , to give foundation to practicable errors ) they at the very entry of the controversie mistake principles , in jure publico , in the riginall of magistracy and government , in the nature of possession , prescription , right of extream necessity , of assertory & promissory oaths , &c. things which were otherwaies stated and proved in that discourse to which they have bin referred ; i should not so disertly tell these tripartite answerers , that they do suponere quodlibet , ut probetur quidlibet , were it not but that i see them so majesterially peremptory to prescribe to others , and to necessitate us into action of the greatest prejudice that may be betwixt man & man ; that i finde one of them give such a losse to his passion , that it carries him into direct blasphemy , advising that a committee might treat with god , yea sentence the blessed trinity . lastly because all the world knows they give that obedience which to attaine publique desolation they will not allow toothers ; wherefore as the subtilties of the vop●●rs are so fine and delicate , that they passe upwards on every hand about us imperciptibly till at last we heare them over our heads formd into thunder , lightning and tempests , even so the fumes of these private mens passions passe so subtilly through their soft words , that if we who converse with them , be not maturely advisd of them , their insinuation will draw us into fire and flame , into blood and desolation , into the calamities of a war , which perhaps may end as distantly from our and their now covenant intentions as the two former have already done . the question which was first asserted stands still unshaken and almost untoucht , and in all th●se answers it is evidently granted , that we of the people may lawfully give obedience to an unlawfull power ; this onely is denied , that it may be not with an acknowledgement of their authority and right , which is very uncasuistly and unconscientiously inserted here , because that is not the peoples present case , but the governours , these onely asserting that , contenting themselves with simple obedience from us . the first argument of the first demurrer is formed against the incapacity of the persons governing , and it runs thus : ob. that which is now termed a parliament , is neither formally , materially , nor effectually a parliament , such as is requisite for this kingdom , either according to the mind of god , or the necessities of the state . first , because the change which is made in it , is not made by those who first constituted it , unlesse it be by conquest . the modern modell containes not the whole , nor the major part of the peoplee secondly , the alteration is made by the commons only , the nobility as illustrior pars populi , appeared not in it . ans. though this argument ( with the rest ) relates more to the commanders then to the obeyers , ( of whom our controversie onely is ) and that we of the people have a right to do lawfull things , though there were no magistrate lawfull or unlawful to oversee us , yet i shall not stop at these advantages , but oppose to the main of this argument , the main of our creation and conservation . for we have nothing else to doe in the world , but to praise god and love our neighbour . the circumstance of the magistrate is onely to be an encouragement of this , and to see that it be done with security : and if he doe this ( whatever he be ) we are beholding to him , and should praise god for him , and then why not obey him ? though this were granted , that one magistrate was unjustly ejected by another , and one government by another , yet that relates onely to those who co-operated in it whilst it was doing . how can such a supposed guilt in them , be in any part continued upon , and ascribed to us of the low ranke of the people ? or now especially that we come into it after it is done , and after we are under the full possession of a present power ? people by the effects of it , sustaine punishment enough if they lose a good magistracy , must they likewise be punisht because it is lost , though they were no con-cause of it ? the authour of the grand case of conscience , p. 10. infers yes , and therefore makes our new commotions necessary : because we can do nothing just in a state , where , ( through the defect of a legal magistracy ) we can have no justice , yea though the things we do be in themselves just . for ( quoth he ) judgement is then onely just , when it is exercised by the higher powers , the legall magistracy of that kingdome , where it is acted . i answer , things are considerable , onely so far as they may reach the ends for which they are . the end of every magistrate is to see justice executed in case it be violated : iusto enim non ponitur lex . the end of justice is to be a measure of equity , that is , of equality . justice or the proportion of equality is either comutative or distributive . but neither of these relate so essentially to the legall magistrate , that nothing may be done truly and conscienciously just , without he co-operate in it . as for commutative equality , if titius lend sempronius ten bushels of such a quantity , which bushels have the publique mark upon them , and sempronius pay him ten other every way of the same equality , but that there wants the former mark , or that the said bushels have another mark , will you say sempronius hath not intrinsically done titius justice , or hath not justly satisfied him in his quantity ? especially if in the mean time no more of that former marke can be had ? as for distributive justice , we know that st. paul advised the corinthians to avoyd the iegall magistracy and the judgement of the higher powers of that countrey , and rather to end things by arbitrement among themselves , which had been an advice unjust , and to the scandall of christianity , if things in themselves just might not be done but by the justice of the legall magistrate . this therefore is but according to an old axiome of justice , provisio hominis tollit provisionem legis . thus much i have thought fit to answer in generall to this objection ; but now more particularly i answer to its terms . and first , why is not this effectually a parliament , seeing it is the supream present power of the whole nation , no part excluded ? which in this controversie is the very term of the question . i hope he means no criticisme by the word parliament ; if he doth , it signifies onely a publique speaking or consulting together for the publique . moreover , the authour would be ( i am sure ) much perplext , if i should aske him , how he knoweth so indubitably that this is not a parliament or supreame power requisite for this kingdome , according to the mind of god ? he must pardon us if we thinke formes no more then persons are to last here alwaies ; or that the changes which have been , and still are to be of both , must never be done but according to the customary formalities of a quiet people , but rather according to the extreame necessity of a state . for if he aske me , what it is that forms in-organizd people into a government , of what sort soever ? i answer , necessity . if , what makes or takes away a law in a government established ? i answer , necessity . if , what takes away a government it selfe ? i answer , according to himselfe . page 2. that which first gave it being , viz. necessity . of which there are severall degrees ; for in a peaceable state a word may take away that which in a disturbd state must be taken away by the sword : after which it is but equall that he who gives the last blow , should in that quarrell give the last word , and leave us to a peremptory obedience , unlesse we would have no quarter in the world , or be like the old servati in bello , who were sold , confind to chains all their lives , or condemnd to dig perpetually in mynes ; all which it seems this authour would have the conclusion of this argument , or else we are more beholding to the charity of enemies , then to his . if we will not be perswaded by the states arguments , yet let us hear what grotius , among others , determined long agoe , for all the world in this case . if a king have but part of a supream power ( which consists in making and taking away lawes , in laying universall taxes ) and the people or senate have the other , the king may be forcibly opposed if he invade that part which is not his , because for so much he hath no right nor power . this is to hold , although such a king have the militia alone ; for that ( in his hand ) relates onely to forraigne warre , it being unconceivable how they who share in supreame . rights , can be exempt from a right of defending them . when war shall happen betwixt such fundamentall and supreame parties , the king may loose all his share by the right of war . lib. 1. c. 4. § 13. de jubel . & pa. ] which right of warre betwixt those who divide a whole kingdome , if it end clearly to the reduction of one party , is not called so properly conquest as victory . this authour uses the name of the first onely for the hatred every one bears to it , because it swallows the rights and persons of the whole ; whereas victory relates onely to a part of either , as beginning and ending in civill warres , where disputes of right arise betwixt those of the same jurisdiction and country , and of the same common law . but we have arguments more authentique then these , to shew that such changes may be according to the mind of god ; and the demurrer all his life will never prove the contrary , dan. 4.31 , 32. gods power is an everlasting power , and his kingdome is from heneracion to generation ; all the inhabitants of the earth are reputed as nothing , and according to his will he worketh in the army of heaven , and in the inhabitants of the earth , and none can stay his hand , nor say unto him what dost thou ? that is , god as universall lord , and king of kings , governes both angels , men , and divels , and all must submit to him , because of his supreame irresistibility . psalm . 75.7 . god is the iudge , he maketh low , and he maketh high . it must be confest that by him princes raigne ; but our authour had rather perpetually imbroile our bodies and soules , then clearly say , by whom it is that princes cease to reign . for then this controversie would easily he reconc●l'd , and we as easily one to another . wee have shewn how the reason of constituting , and of changing governments , is still one and the same , viz. supreame necessity : but the demurrer objects that our change hath not beene done by the same order of persons , who were in the old , viz. by major part of lords , and major part of the commons . although he is againe besides the state of the question , shewing onely how they who are the supream power of the land , ought not to command us , rather then that we may not obey them in lawfull things ; yet i shall here make another sort of reply , which will be very short to those who profess themselves presbyterians , that is , originally parliamentarians . kingdoms which are supream in themselves , and communicate not in one anothers lawes , are all of them iure gentium , in a state of war , unless they be mutually bound by leagues to the contrary ; which leagues if they come to be broken , usually have the conditions of invasion annexed , and the time and places nominated for beginning it ; and because there is nothing any longer due by law , or league from the party injured , where now the sword is onely to end the controversie , therefore what ever shall be acquired in this state of things from the party injuring , rightly changes all titles in iure publico , and in the right of governing what is acquired ; but in one and the same kingdome , where the supremacie of power and right lies divided ( as grotius page 7. states it ) there , if they differ fundamentally , denying one anothers rights and powers , they are then immediately in the same state of war with those other separate kingdoms ; here onely is the difference , that these in their concurrence and constitution , making but one , have none of those ordinary cautions , as leagues have for their right of invading one another by the way of war : a circumstance no more necessary betwixt them , then that in the marriage of two persons , a lawyer should come after the minister hath conjoyn'd them , and tell them in what cases they may again proceed to divorce , and after their divorce , what kinde of marriages they should make next . even so war is suppos'd in that case , as well as divorce in this ; but because war begins there where law ends , and reciprocally , and hath nothing but necessity for its equity , and that all the degrees of necessity cannot at first be foreseen , nor where security may at the end of all be presum'd off , therefore there neither is , nor ever was any fixt rule in any countrey , what people should be bound to do at the end of a a vvar. i hope the presbyterians neither of england , nor scotland intend to deny what all the world knowes , that they concluded the king under the necessity of vvar , as well as others who conjoyned with them , and having stated his case there , they of the kirke long agoe frankly declared , that he not satisfying for the blood of three kingdoms , was not to touch the scepter any more , but as mr. hinderson applyed in his newcastle conference the 4th . of hester 14. that if his majesty reforme not according to their way , he and no lesse then his fathes house were to perish : by which what could hee and they understand lesse , then change of government ? a thing , why now so horrid for the other party to think on , seeing they gave first intimation of it ? they joyntly declared , that the king was not to judge any thing for himselfe , nor upon what tearms his readmittance to simple liberty could stand with their security ; * for , his vvar when it ended ( as they said who imprisoned him ) continued the same necessity upon them , which made them take armes at the beginning . therefore they themselves concluded , that nothing could be changed in the kings concernment , according to the old forme and constitution of the kingdom , which relates to a time of peace , and not to a time of war . but the nobility whom he here stiles , illustrior pars populi , concurred not to this change ; therefore it is formally and fundamentally unlawfull . in the first place , i understand not , and i beleeve the lords doe as little , what he meanes by putting them into such improper latine . for they alwaies understand themselves to be rather of the two comites regis , then partem populi ; and therefore as if they were an integrant part of the kingdome , form'd to themselves a separated house , a jurisdiction over the people , & lay as a barre betwixt the king and them ; whether that power of their's had any congruity with the other supreame and legislative rights of the people or no , is not now the question , but rather this , whether according to their mutuall engagements , their rights of a separated house were rightly lost to the house of commons , or no ? this is by them affirmed , and the state of venice as profound platonists deny the other ; for otherwise noble men would be as difficulty reformed as kings , and therefore they rarely conferre illustrious titles of nobility on any but those who are in illustrious offices , things separable from persons , by which meanes all offices with them are questionable : but to return , that which according to themselves thus excluded the king , by the same logicke excluded the lords ; and if they either directly or indirectly concurred to the ruine of the rest of the kingdome , then the argument runs strong , that the house of commons were bound to preserve it , and that the rest rightly owe their whole protection under god to them ▪ but because i will suppose nothing here , the argument of matter of fact must judge one as well as the other . wherefore if any will aske whether there was not a warre undertaken last yeare very eminently dangerous to the whole parliament and their party ; the army , and country committees , and that by the contrivance of the royall party here , the scots nation in the north , ormond in ireland , it will be past denying ; likewise whether the house of lords in that extremity declared with the commons that the scots were enemies to the kingdome , or upon the first or second request gave their concurrence for counties to arme themselves for their defence ; the ●oyce of all parties must needs say no : so that , that house undertook to act a part as dangerous to the rest of the parliament , as they did , who were actually in armes against their party every where . and how then should they expect to bestill necessary to them , and to their securities , who had put them into such apparent extremity and necessities ? as for the exclusion of some members of the house of commons , i hope the sincere presbyterians wonder not at that act , because the kirk and state of scotland was preserved by such an act last year , and by the concourrence of the same meanes which did this here . yea though they who from thence invaded our nation , declared as much for the covenant and presbytery as the kirke it selfe , save only that the kirke had the good luck to speake the last word . they who sit at top in the state are tanquam in nubibus , to the eyes of us of the people . wee know not how they manage their counsels , nor contrive their tran●actions , that is best determined by and amongst themselves . it is enough for us if they be of a number competent to act ; and be persons who enter by vertue of free election , and s●t in the legall place . for in a case where five are chosen to a businesses , and that any three of them are to be of the qu●rum , though two of them be never so accidentally or violently detained , yet what the other three doe is to all intents and purposes valid , which is the present case . by this gentlemans favour , we have an axiome of law , which saith that in partner-ship or society ( as the civill law calls it ) when matter of extreme prejudice is agitated betwixt those who are of equall contribution either of art or mony , then potior est conditio negantis : nothing ought in this case to be concluded against the negatives , though fewer in number , which was the parliaments case when after the equall provocations of a prince by warre and imprisonment some of the same house thought he might have been securely readmitted into the government again , and others thought it evidently dangerous . in this case the difference was as it were legall betwixt the members , but not to be decided any way but by force , there being no other tribunall to judge them , and their house might not judge of it , because there they were parties and judges , a thing allowed no where ; and if otherwise , then the major part might legally vote the other out of the house at pleasure . but what was at last determined by any number above forty with the speaker in the legal place , seemes not out of form to us of the people ; which was the case of the house of lords when most of them & many of the commons at the beginning of the first war , fled to the king under pretence of force from westm. yea when the five members were forc't from sitting , yet the rest of the house sat and acted without them , and voted a committee , ian. 5. to sit in london , and there to take into consideration the breach of priviledges , the safety of the king and kingdome , and preservation of ireland , which was accordingly done by vertue of those votes , made when members were thus forct away . all our scruples therefore are concerning things to us practicably lawfull or unlawfull in themselves , as for the will of the major part of the people , how will the demurrer prove that they had not rather obey this present power , then seeke to be rid of it by the hazards and calamities of another war ? they usually looke after nothing but their rents , markets , and reasonable subsistances , they are the luxurious and ambitious part onely which pretends to new troubles . the peoples question thereof is not how the change was made , but an sit whether it be so changed or noe ? for if according to its formality that be not rightly done ; it concerneth not their consciences no more then the thunder or lightning over their heads doth , which are things totally out of their power , much lesse may they lawfully desolate neighbours for them . but he hath found one firme axiome , that when part of any thing is cut off , the whole qua tale is destroyed quià dum cessat forma , cessat formatum ; ergo the late force on the parliament hath made this no parliament . i wish he had taken the paines to give either a distinction or an instance in his axiome , or have drawn up his inference into a syllogisme ; for i feare we shall finde wide impertinence in the first , and a grosse non sequitur , in the last as he hath ordered it . the question disputed here is not whither the denominated parliament now sitting at westminster be a parliament according to the old forme and composure of parliament or no , but whither tht parliament now sitting at westminster , be the supreame power of the kingdome or no , and to be obeyed in lawfull things . his argument runs thus ; the surpeme power of the kingdome consists in a parliament of king , lords and commons . but at westminster there is not a parliament consisting of king , lords and commons . ergo at westminster , there is no true parliament at all nam dum cessat forma , cessat formatum . i thought he had been so good a logician , as to have understood that the conclusion of his syllogisme ought to have been contradictory to the question , from which it is as distant as if he would have concluded that two and three make five , which is very true , but how is it any thing to the purpose ? however i will doe him the favour to deny his major — for we speake of powers which now are , and he himselfe hath all along condoled the e●ection of the king , and of house of lords , as things which are not . sed non entium nultae sunt affectiones ; & so consequently they who are now nothing , make nothing now at westminster , or anywhere else . but doth it follow however , that there can not be now any supream power at westminster ? at all if he had proved this , he had proved something . but pe●●aps the very word parliament poses him , or else he would thereby impose on others . i must confesse words are dangerous , when they are not fully explained : and possibly the king mistook himselfe very much upon the very alphabet and word of his title , supposing he could not be named king , unlesse he were ab●olute , as he observed other kings were ; whereas by our constitution he was but one of three , who concurred to the making and abrogating a law , and it belong'd to the commons alone , to lay an universall taxe ; so that he was in most things rather prince by office , then king by power , in tanto , non in toto . even so the word parliament , as it hath been popularly understood , signifies the assembly of severall houses , deliberating and concluding what was judged for the good of the publique . but it is a contradiction to say a parliament cannot at all be truly so called , unles so understood ; we know there are eight parliaments in france , which are not of such a constitution , though of the same denomination . and if severall persons plenipotentiarily deputed to conclude for the publique good of the people , sit now at westminster , and that the other concurrent powers be civily dead ; why may not we congruously enough still call them a parliament ? his axiome therefore serves onely against himselfe , and the true english of dum cessat form● cessat formatum ; is this , that seeing the old forme of this state , as it was in the supremacy of kings lords and commons ▪ hath in that relation ceased to be , and is civilly dead , not being able any longer to act any thing ; and that a civill body as well a naturall , cannot live without a head one day ; it followes then by this position , that the regall government is gone , and that we are in the state of a republique ; no other power now informing or actuating us , besides that which pretends to such a state ; and where i pray you is that to be found now , but at westminster . in the next place he offers a case , if the king , when hee came to accuse the five members , had detained all but forty and the speaker ; and had forc't them to vote , that the whole legislative power resided in himselfe ; would we have deemed this a valid vote ? especially seeing some votes since this session were adjudged null , because the house was under a force . by which it seemes ( quoth he ) that with some new veritas non est perpetua ; and duo dum faciunt idem , non estidem . to the first i answer positively , that such a vote attained by the king , had beene no wayes duely valid . but what is this to the purpose ? for the question should have beene after the king had detained such a vote , and had got us all into his full possession , whether we of the people might have obey'd him ever after in lawfull things . secondly , if he would have the people understand this case to be parallel , to the late exclusion of the members , he prevaricates grosly againe ; for he supposes the very forty in the house , with the king , to have been under a force ; whereas in the parliaments late case , none but those who were out of the house , were under restraint ; the former were supposed to be forc't to a particular vote , the latter were kept from voting at all : besides they who de facto voted in the house , have publiquely declared that they past their votes , with all wonted freedome , and were rescued as it were from an overawing power , which concludes against his argument abundantly . as in this argument he hath done truth little service ; so he hath ( by his mistake ) done kingly government lesse . for if princes who have us in their full possession , may be obey'd in no lawful things , after they acquire an addition of some other powers unlawfull ; then he would dislove most of their governments , and have absolv'd us from allegiance to king charles long before this parliament began ; by which sort of arguing the royallists i see will have no great prise this gentleman . but the parliament hath already declared the votes made under a force are null ; this vote i suppose he meanes past , after boyes and apprentices of the towne , had entred the house , and made the speaker propound , and the members vote what they pleas'd . here indeed there were forced votes ; but surely this proves not , that they who voted , when the members were last excluded , voted in that manner . besides the parliament which knowes better then we of the people , what their owne disorders within their house are , are only fit to vote , what votes have beene forc't upon them , and they since that time have declared , they never transacted things with greater freedome and lesse overawing . from whence i easily see that his axiomes will serve him nothing at all . for we acknowledge veritatem esse perpetuam , if we speake of naturall and mathematicall truths , where there is no medium proportionis , to varie the thing ; as , all number are even or odd ; because there is no middle number , so all lines are either crooked or straight : but morall & civil things are alwaies in change , because humane actions are invested with such an infinity of circumstances and accidents ; for which reason duo dum faciunt idem non est idem ; for no two men in the world can act the same thing in all the same circumstances : thus we heare that omnis des●nitio in jure est periculosa ; and summum jus aliquando sit summa miuria , which cannot be but in regard of those various accidents which perplex our actions , and make them like that famous flower the marvell of peru , which changes the colour of it 's leaves every day . his last axiome , that no man ought to take advantage of his owne wrongfull act or of anothers : is impertinent and no way beloning to us of the people . if he intends it to the present governours , he had best to take heed againe , that he determine not against severall lines of our kings : for the clearing of whose titles after usurpations , the judges were ancienty sore put to it , to make this one axiome for all . that the imposition of the crowne takes away all defects , and stops in blood . and if this be true , then we and our forefathers for the most part , have live'd ●nder no better titles then plenary possession , to which they submitted , either because they knew no better titles , or could have none of better to command them , or because they were resolved they might lawfully submit in lawfull things , which therefore as it now seemes , is not so much our present question as our present passion . two principall inconveniences hee findes in this present government , and by the goodnesse of the fruit hee hopes hee may judge of the tree . where i must againe admonish him , that the civill fruit of a government is alike in all governments , especially as to the meum and tuum of a people besides , if the tree and the fruits here were alike , then a good axiome were spol'd ; malus homo potest esse bonus civis , & bonus magistratus , a man bad to himselfe , may be a good magistrate and a good common-wealths man . his first inconvenience is , that wee have now made the basis of the state , a quick-sand ; and it stands like nebuchadnezzars image , upon a mixt footing , part iron , part clay . i answer , that it stands not now on so mixt a footing as before ; for the concurrence of king , lords , and commons , for the product of a supream act , was a mixture of things very heterogeneous , to enter into one and the same composition : by reason whereof , supremacy confin'd as it were on a battable ground ; and if we will believe persidents , king sometimes gain'd upon the other two , sometimes the lords topt both , and now all is more united then ever in the sole sufferage of the people . toleration is the next inconvenience , it being but equitable , that if wee thinke it lawfull to force people to submit to the orders of the state , the same people be compel'd to adhere to an established confession of faith in religion . for it is presum'd that obedience is fully as due to god as to man . i answer , the christian religion is not tolerated amongst us , it is enjoyn'd , as much as one man can passe it upon another ; for , the finall penalty of neglecting it here is not to be required of us mutually in this life . secondly , the confessions of faith , which he would have men forc't too , are ( as i conceive he meanes ) but logicall deductions out of scripture , ergo not indubitably , true enough to be by force obtruded on mens faiths ; it is not enough to say here , that they who compile them verily believe them true , and intend not to deceive , which is all that can be said . for then they doe no more but quote themselves , and we are taught that it is a popish opinion to beleeve any company of men are infallible , in what they purpose : wherefore the magistrate can doe no more safely , then recommend not force , their notions and logick on the people . but in a case of meum and tuum , or in a morall thing he may be more peremptory then in a divine , because those things are certainlyer knowne to us as men , then what is of divine revelation and inference . he feares that by an obedience to an unlawfull power , he may assert its unlawfulnesse ; and should our servants rise against us , and command us by threats to performe a lawfull act , which is but transient we might yeild to avoid their force : but if they should affirme that the government of the family were theirs by right , and that they intended to perpetuate it over us ; we should thinke it a great sinne to betray that place and power wherein god hath naturally and morally placed us . this indeed is a very fine subtilty to end in nothing : and i am sure what ever the basis of the state be , the basis of his argument is put on a quick-sand . for if he intend truth thereby , he should have proved this maine thing ; that the former magistrate was our naturall parent , and that we all derive from him , as from a genarcha , which being so evidently false , is as ill supposed . for in this confusion of families in the world , in which the originall families are lost ; we owe no naturall duty to any , but to those from whose blood we derive . secondly , though it were true , that the chiefe magistrate were our naturall parent , yet it followes not , but there may be a case wherein he might be refrained from government ; the law supposes many , which is sufficient to oppose this gentlemans single judgement ; and if he be indeed a presbyterian , he hath already concluded as much in the last kings case , by concurring to invest his person with the accidents of warre , in detayning him prisoner at holmby , and newcastle &c. thirdly , i understand not what he meanes by gods placing a magistrate morally over us . for god he is our divine and supreame magistrate ; our parent is our naturall and domestik magistrate , and those who command the state wherein we are , are our civill publique subordinate magistrates under god ; and every particular man who is arrived to the maturity of reason , is , ( if any such be ) his owne morall or private magistrate . for the principle of a humane or morall action , is a minde acting freely according to vertue , and those lawes which are written within us . but if by a morall magistrate , he meanes such a one only , as is seated over us , and hath a care that we live conformably to vertue , and honesty in relation to others ; then it followes , that whoever hath the capacity so to hold inspection over us , is a sufficient magistrate ; but that can onely be he under whose full possession we actually are . moreover he is to know againe , that states cannot looke so strictly after vertue , as after publique quiet . for morall vertue is a private thing , and by reason of the free concurrence of the will , cannot be discovered certainely , but by those who are able to look within a man : but that which is ad alterum , and concernes rather wrong , then right , belongs to the politicall magistrate , as a thing which cannot without confusion have redresse otherwayes . for the chiefe convenience of a state , is , that people might be kept from inconvenience , or incommoding one another ; and that they may be conserv'd in a liberty to doe other good things according to piety and honesty : so that he who doth things in themselves good , though under an unlawfull civill magistrate , doth not by those acts assert any magistrates right ; but his only who originally gave law and rules for those internall acts , and that is gods right alone . lastly , whereas in this argument , he saith a father of a family so abused should in his required submission , sin , if he betrayed his place and power which god had naturally given him . i answer that there is a difference betwixt betraying a place so given , and loosing it by force ( which indeed is his first supposition ) the one cannot be done without sin , because it is done voluntarily and totally by himselfe , but it is not our sin if we be forc't out of a place ; to which we are compelled by a principle without us , and totally besides our power . but there is a lawfuller power visible enough to religious eyes , though for the present in an ecclipse , and suspended . it is not lawfull for a man to marry another woman whilst his owne wife is in a sound , or for a woman to marry another man , whilst her husband is in captivity or restraint , and willing to come to her if he might . to this i answer ; first , how knowes he certainely that the other power is onely in an ecclipse or suspended ? or if it be onely in an ecclipse , doth it follow that we of the people might not doe lawfull actions by the suppliment of other lights , whilst we cannot have that of the sun ? must we all that while cease to be men for the absence of that which we cannot help ? the presybterian party would not have that understood so ; when the king was in prison at holmby . there be no more suns in the world but one , but there are many magistrates , and such who give better light one then the other , for which reason god first chose not monarchy for the jewes , certainly in an ecclipse , the sun is never out of his naturall orbe , though his light and influence may be suspended and intercepted from us , but when a prince is in a forraigne country , and lives under the lawes of another magistracy , and that all lawes and di stributions of justice and magistracy in the country he pretends to , are made without him and against him , will you according to the lawes of nature , nations , or policy , say he alone , and in that condition , is the supreame power or authority of that country , or rather that we of the people do nothing but sinne in his absence , though we do things in themselves lawfull ? if you will aske how he came to be out of his orbe or country , ? i am sure it was against the advice either of presbyterian or independent . it is easily granted , that a man may not marry another woman , so soone as his wife falls into a swound . but you must againe be reminded that the nature of marriage and of government differ extreamly there , where you suppose them most to agree . for marriage is not alwaies necessary to every particular man . but the publique body of a people cannot be without government one day , no more then a man can be without a head , because a smalltime serves to the ruine of a man . secondly , to take this or that woman to wife , is a thing of free choice ; but it is not so alwaies with the people in relation to kings , who have many of them committed great rapes upon them , as i beleeve this gentleman will acknowledge . a woman may not marry another husband , whilst her first is in captivity , and willing to come to her if he might . these cases of marriage still makes a very bad paralell with our present case . for first , we have been taught by all parties in this warre , that a king of england is not as a husband to the people of england . for a husband is he who alone makes and abrogates the laws of his owne family , as a right of his propriety , which a king of england could not doe alone in this state . secondly , where was this prince ever crowned by which this author meanes solemnly married to this state ? where was the benedictio sacra , the anointing or the oath of contract taken by him ? i am sure the covenant hath made no provision for him . to this purpose is that argument in the grand case of conscience , [ viz. ] the apostle commands wives to submit to their husbands , surely quà husbands , not quà men but sheuld a stranger come to anothers wife and ca●l himselfe husband ( having before either imprisoned or slaine the right full husband ) and require submission , surely though shee might hee forced , yet it were a sinne to submit to him thus as a husband . i answer , to submit in adultery is a plaine sinne ; but for a woman to submit in lawfull things to the power of a stranger is no sinne , though he please to call himselfe her husband , or exercise the government of the family . there is the same mistake of husband here , as in the former , so that the argument built thereupon , of it selfe fals to the ground . but if by this he meanes that in matter of supreame command , we of the people may not obey any but the husband or the king , why then did the presbyterian party for so many years oppose , and not totally submit to their now supposed husband ? why did they commissionate so many thousand men , who by accidents of warre had the power , though not the chance to kill him ? nay in the parliaments case it was alwaies conjoyntly argued by them , that it was he the husband , that would have killed them the supposed wife , for which reason the kirke of scotland long ago sent him a bill of divorce , unlesse he satisfied for the blood of three kingdoms . which of the two parties it was that at last killed him , belongs not much to the satisfaction of us the people , though here questioned because those parties as tot hat act differ'd no more ( if he will further argue it ) then dim n●tio and obtruncatio capitis doe , for they who after a long warre , and by long imprisonment dispoyl'd him of that regall power ( here so much argued for ) did according to the terme of the civill law , diminuere caput regis , and they who in consequence of his civill death , tooke away his naturall life , did obtrune are caput regis . if he had been kill'd in an action of warre before , should the souldier , or he who gave the souldier commission have answered for his life ? as for the submission of a wife to a stranger as to her husband , which is indeed a sin , i earnestly pray the author seriously to consider , whether he can excuse us and all our forefathers from sin , ever since this kingdome long agoe fell under the power of an usurping king , if this his way of arguing be true ? as for the second demurrer , i consider he hath given account to another very worthy pen , which hath left little for my gleaning in such a field ; however i shall see what hath escaped his hand , that the world may witnesse at last , that truth hath lovers , as well as errour and passion have cham ions . this author and the grand case of conscience begin with st. paul ro. 13. that wee must submit to higher powers , not that wee may lawfully submit , and that not for wrath onely , but for conscience sake , which is of things necessary , not of things lawfull : wherefore ( say they ) it is ill said that we may lawfully submit in lawfull things , obedience as a matter of conscience being a thing necessary . i grant it either in lawfull or necessary things , when obedience is required from those who actually have the whole sepremacy of power in themselves . if i hold this lawfull , and he hold it necessary , we are not contrary ; he onely makes what i allow more allowable . but the reason wherefore the apostle requires obedience to such , not onely for wrath ( which is onely in regard of the power which they who are supreàme have to destroy us ) but for conscience sake is , least by our resisting them we unnecessarily disturbe and draw calamity on others , and likewise in regard of their authority from god , tyrants even in title not arriving to the great dominions of the earth , without gods secret order , god having clearly stated the government of the world for ever in himselfe as his cheife prerogative , he not being known or feared any way so much as by dominio n , which made st. augus . in c. dei . rightly say , potestates omnes sunt a deo , non omnes voluntates , so that the reason wherefore god permits sometimes such princes to attaine to these powers , is the same wherefore he permits devils in his government of the world , a nimrod , or a pharaoh , a caesar , or a herod , an antichrist or a turke , who as bad , and as usurping as they are , and seeme to us in exercising so severe , though so secret a part of gods justice , yet fulfill severall prophecies , which shewes they come not to what they are , meerely by humane contrivance by chance or accident . the grand case of conscience . p. 3. distinguisheth betwixt authority or power , and rulers deputed to the exercise of that authority . the first is by gods positive ordinance , the other bu● by his permission . here he grants enough as to our case , which is of obedience , for if he can assure me that it is consonant to gods permissive will that such persons be my magistrates , i am well satisfied then , that gods will is , i must be their subject , gods free admission of one being the necessary exclusion of all the rest , so that subjection is not a thing now of my choice , but of my necessity . but the demurrer , p. 3 . would know what difference there is in popular obedience to lawfull powers , and unlawfull powers , if obedience be necessary to both . i answer , if the powers here supposed by him agree equally in their supremacy , and absolutenesse , and differ onely as one is got lawfully , the other unlawfully , then the difference of our obedience to either , is onely in the difference of things commanded , as they are either lawfull or unlawfull ; neither can the author ( now arguing so much for a lawfull power ) conscienciously tell us , that the lawfulnesse of the civill power commanding can make our obedience necessary to an unlawfull thing commanded ; but rather that it makes that power then become to us in some manner unlawfull , and worse to us of the people , then if we were under the absolute command of an unlawfull power which exacts nothing but lawfull things . the knot of this point lies here , whither a civill circumstance ( such as is the magistrate either lawfull or unlawfull ) can vitiate an act of morall duty ? i believe his distinction p. 2 . of a government constituted or constituting , serves nothing for the discovery of a supreame lawfull power in it selfe . for i hold that whatever was once a sin may alwaies be called a sin , though with rooting or without rooting . not but that god and we may make good use of other mens bad actions if they be such , for which reason poore beggers may in their extremities receive necessary almes from those who came to their estates by wrong and oppression ; the receipt whereof they do not justify the title of such estates , much lesse doe wee justifie the unlawfull title of a supreame magistrate , from whose care we receive necessary protection . i say much lesse , because cases of estates are juris privati and have courts to judge of them , but the other is so much juris publici , that there is no mortall court to judge of it , for which reason how will these authors ( what governours soever they desire ) evidently prove that they originally had lawfull titles , or that they at first did not forcibly take the people to themselves , but that the people voluntarily resigned themselves to them which was not in nimrods case . from whence this may be inferd to the satisfaction of the grand case of conscience , p. 3. that , if he had that desired governour , yet according to himselfe he would not owne him long , because he were not sure to have in him a supreame power , such as the apostle , ro. 13. in his sence understands necessary for the kingdome of england . but in our sence of plenary possession , which was the case of the apostles time , we can easily see first , how our present power is the higher ( the whole kingdome now receiving all law protection and subordinate magistracy , from them ) and how they may be in lawfull things obeyed according to the same apostle ; and to the duty of our creation and being in this world . the case of conscience p. 3. acknowledgeth that a government may be altered ; but it must be done still by the higher powers , whom we ought equally to obey in submitting to an altered , as to a continued for me ▪ but it is a sinne if a party forcibly lay the higher powers low , and exact obedience as to the legall authority . i thought that he who in his sence understood the covenant in terminis eternall , would not have allowed a change of government here ; no more then he might allow the scots ( though upon never so much reason to themselves ) to change their doctrine or discipline ; because we swore during all our lives , to preserve that which was established among them , at the time of our swearing . but i now see we may well distinguish betwixt the covenant it selfe , and some covenanters , the covenant being as open for one change , as for the other . secondly , if a government though never so reasonably reformed or altered , be never in any lawfull things to be obeyed , ( termes which he did ill to leave out of his argument ) unlesse by the concurrence of all the higher powers ; then farewell all the old consequences of solis populi suprema lex , and the presbyterians form● . armes are unjustifiable . how corrupt and tyrannicall are most of the governments of the world , and yet how many of those supreame powers hath he observed to reforme themselves ? or diminish any thing in themselves , to alter for the better ? although the taking away of something in a government , may be as necessary , as continuing any old or new thing in it . certainly these authors have read but few of ionases , who voluntarily renounce themselves to settle a tempest . thirdly , our alteration was made by the present supreame power of the people : and the reason wherefore both houses laid the exercise of regall power aside for some yeares , made the commons as they have agrued it , lay it aside for altogether . viz. salus populi suprema lex ; the laying of it aside for some yeares is argument enough to us of the people ; that it might be laid aside for more yeares , and that one king might be laid aside as well as another . for to us it seemes effectually all one , non esse & non operari , for a thing not to be at all , and in this world to doe nothing at all . if they sinned who did this , is that any thing to any but themselves ? it is an axiome of good law noxa sequitur caput . thus whilst his argument should have been against our lawfull obedience , it is against their exacting it , as to the legall authority , which yet is grosly false ; for they exact it not as to the old legall authority , but as to the present supreame power of the people , non nomine regis , sed nominepopuli : and yet in one good sence it may be still called the same legall authority , because we have still under it the same lawes for our properties as before , and continued in life by them , as our lives themselves are . case of cons. p. 3. it is objected that this principle of obeying those onely who are in plenary possession of all supreame power , is fit onely to destroy states : for then should none governe any longer then their swords and strengths could beare them up . i conceive ( according to what is already proved ) that nothing can befound , either more consonant to christian charity , or to the preservation of states , then this our principle of obedience ; besides he knowes no kingdome in the world , where people doe not obey upon this same plenary possession ; allegiance alwayes relating to protection . and if according to his consequence , we should suspend all obedience till we have infallibly found out that per●on who derives a knowne and an undubitable right from him who was the first in compact ( because according to these authors intermediate intrusions , are violations of rights , and may not be obeyed even in things lawfull ) then i pray you of what can we resolve lesse , then certainly to extirpate one another ? which will come to passe ere we finde what we search for in such a blind scuffle ; and for feare of doing a lawfull thing under the inspection of one , who is suppos'd to have done another thing unlawfully , must we resolve of doing all unlawfull things by warre our selves , and desert unnecessarily , the cares of wife and children , of church and neighbour ? for non-obedience in a state is but a chimaera , neutrality , a state without relation ; there is no subsistence for it in any state , and unlesse you will allow me to concurre with others , and under others in lawfull things , i must leave the world ; my subsistence being onely in a conjunction with others here in this jurisdiction . the two demurrers p. 3. & p. 7. except against this our present obedience , beeause the present powers is yet new : neither is there a totall cessation of all hopes of recovery . philosophers hold that the definition of a man belongs to an infant , as well as to one of many yeares . because after the organization of the parts , he is informed with the same principle of life and reason , as a growne man is ; and having the same forme , is the same thing . even so the present power hath possest all the parts of this kingdome gives them life in the administration of publique justice and protection , which are the soule of a state , and the power which preceded this , what did it infuse more vitall then this ? and now that that is taken away , if this other did not presently enter into its place ; the common-wealth were dead , and each man were left in his naturals , to subsist of himselfe , and to cast how hee could in such a state of warre , defend himselfe from all the rest of the world , every man in this state having an equall right to every thing . wherefore let every man , especially , they who would informe consciences , take heed of affecting popular revenge , vvhich must also reach themselves at last : for vvhen they have once frighted people from lawfull actions , vvhat can they th●n commit but the un'avvfull ? into what an unhappy transport are we fallen , that such a principle should be derived from our church , the very papists being ever ready to obey in things lawfull , though the state seemed to them unlawfull . these will judge better of the state now then of the church , the one inviting and incouraging us to lawfull things , the other deterring us from them . but to return to the argument ; i have already shewed , that new or old powers , never can signifie good or bad powers . the uncertaine hopes of recovering in the future , proves that the thing is certainly lost for the present , and it is our obedience at this time which this q●estion relates to however the king of portugals acquisition , or usurpation was presently acknowledged by our king and others , although the king of spaine then had and still hath great hopes of recovering it , he being alwaies hannibal ad portas , and never removing out of his own dominion into another forreigne magistracy . the first demurrer p. 7. conc●ives our present condition like that of israel , betwixt david and absalom , at which time ( quoth he ) the people had grievously sinned , had they rendrd obedience to absaloms commands and substitutes , so long as david was living . this is very true , but farre from the purpose . for absalom was not a fundamentall legislative party in the state of israel , as the house of commons lately was , and so could not pretend such a right of warre . secondly david had his army hard by in the same kingdome with absalom . we have none here but the parliaments , all the kings forces and adherents being dissipated . thirdly the israelites scruples are supposed during the time of warre in israel , our after the war is ended . but if he mean by this fallacious paralell , that the israelites ought not to have opposed david at all in the way of warre , then how will he salue the scruples of his own breast , who promoted the course of war as well as others against the king ? the author of the grand case of conscience is very ingenuous in his contest with his adversary to forme a syllogisme with foure terms , and their be able to finde them out , and to answer the fallacy : so that whilst he wrastles thus stoutly with himself , he can have but a faire fall in his own shaddow , to prevent which i shall take the pains to part them both . his syllogisme ( as he imputes it to his adversary ) is p. 4.5 . if the people 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 government though beleeved unlawfull . but they did submit . ergo those of england may . here he excepts against the equality of inference made betwixt those whose persons were without due title forc't upon people , but still in the same government ; and those persons who without right of title force themselves upon , us now in another government , but what if the syllogisme be indeed and vertually onely this ? if the people of the roman empire were required by the apostle to continue obedience to claudius and nero , then the people of england may lawfully continue obedience to their present governours . but those might , ergo these may . his distinction of persons intruding wrongfully into the same government , and into a different government according to his former position satisfies not conscience in either , because both are supposed unlawfull and differ only secundum m●jus & minus quae non var●ant speciem so that if obedience were not a sin in one , it is not a sin in the other . if he say , obedience to intruders into the same government is not a sin , then he hath dispatcht all controversie concerning the exclusion of the kings line , and that the parliamens fault as to him was that they rather changed the government then the governours , which he acknowledgeth more plainly p. 5. where speaking concerning the persons comming to power , he saith it is not materiall who puts them in , nor what men are put into powers ordained by god . but to come nearer to the point , he cannot say that of the usurping caesars , which may be said of the parliament . for these are the representers of the people of england , and were lawfully a third part of the supreame power before the change of government . caesar had no part of supreame right , but what he rather usurped then acquired by any dicision of right , or fundamentall legislative controversie betwixt the senate and him . to say as the demurrer , p. 4. that caesar had gotten the consent of the senate , and added compact to his conquest , is absurd , unlesse he meanes he had gotten the senate so into his power , that he had them in a condition of quarter ; in which case as the law saith principum rogamina sunt mandata , without doubt if the peoples submission to caesar were lawfull upon his changing a republique into a monarchy , after the senate had for bad the approach of his army , and that he had expelled many members from the senate , why may not a lawfuller obedience be given to those of a senate it self , who have changed monarchy into a republique ? these two changes are so farre alike , that they frustrate this authors distinction of persons intruding unlawfully into the same , and into a different government . he followes his objection still , p. 5. arguing that though people did de facto , obey such false possessors , and vsurpers , yet that proves not the lawfulnesse of our obedience , nam a facto ad jus non valet consequentia ; their submission should have been proued legall . if he hath a quarrell to us for our peaceablenesse , yet why should he quarrell with st. paul ? he bad the romans submit in the same kinde ; and unlesse we had prophets on purpose to tell governours , as well as us of the people , who must alwaies succeed according to the minde of god , then the state of the world , the nature of politick justic● of society and religion is such that we may & ought to submit in obedience to those who plenarily possesse , protect and command us lawfull things . surely he did not consider his axiome well , for a facto ad jus valet consequentia , from fact wee inferre many civill rights , as custome and prescription , &c. neither is it necessary to prove their submission legall , is it be prov'd absolutely necessary and equitable . and yet we conceive another case ( besides that before mentioned ) wherein this submission to a new power may be call'd legall . for the end of all law and government is to preserve our persons and estates ; and they who are in supremacy of power , have power to preserve or destroy both if they please ; and therefore have as great a power over our lawes , which are lesse , then our lives . so soone as one supreame power is expelled by another , law , life , and estate fall all into the hands of the succeeding power ; and what it doth not actually take away , stands in effect as deriving from it ; and if that supreame power make a sanction for our obedience to it ( as alwaies is immediately done ) then we may say our submission is legall , or else the supreame power cannot make a law . to that argument where we assert , that the authority which excluds all other authorities must be obey'd , or else all authority falls to the ground ; the grand case of cons. answers obliquely still , that notwithstaning , such authority can never illegally get the legall p●wer ; nor can it exclude others from their authority . in which answer he plainely contradicts himself , p. 7. for caesars power was ( according to himselfe ) legall , and yet got by a circumstance very illegall ; the senate being empty , and intimidated , and not so much in their own , as in his power . this argument is so farre from concerning us , that it is directed onely against those princes who ab origin , drive from illegall acquisitions . of which he will doe well to speake largelyer , when he can assure my conscience by infallible evidence of right , that i may safely sweare or destroy men upon it , that there was ever such a man in england as william the conquerour , or any other ancient king , from whom titles are said to be derived , either legally or illegally : this is a proposition , which i beleeve he in the midst of his peremptorines was not aware off , no more then i now doubt in whose hands the present possession of the kingdom ; is for which reason they assert their authority , and it is his part to shew how infallibly it appeares to be anothers by indubitable right ab origine . but because it is argued that in the disquisition of a right title , none are so blind as the people ( who among other burthens have the imposition of other mens judgements cast upon them ) therefore an usurped title to them is true enough to exact obedience . hence the grand case of cons. answers , p. 10. that then by the rule of contraries it followes , that when titles are visibly unlawfull , people are disengaged from obedience to them . to this i reply , that this answer is nothing but a meere repetition of the question , and hath no medium of proofe annexed to it ; the very question being this conclusion , viz. whether obedience be lawfull to titles visibly unlawfull ? secondly , it hath been shown , that non-obedience and subsistence in a state are incompatible ; every man in a state stands in a relation , and must either command or obey ; and owes something to him , by whose care he● sleepes quietly in his bed . thirdly , if by disengagement from obeying a lawfull title , he meanes that we may choose whither we will obey or no , then though disengag'd , wee ma● obey . these answers helpe us halfe way over the next dificulty . we may not any way affirme the right of the vsurper , or deny interpretatively the just title of the heire , without the guilt of treachery , lying and falsenesse , if not of vow-breaking , in suffering a theife to take my purse , i cannot helpe it ; if i must part with that or my life , i chuse to loose my purse ; not for feare least i breake the fifth or eight commandement , but least i breake the sixt , in being guilty of selfe murther ; yet rather then say he hath authority to take it , i must loose my life . in point of protection among theeves , i may desire some to preserve mee from others , yet may i not say their robbery is just , or joyne or ply with them in robbing others . to say no more of the certaine evidence , and of the indubitablenesse of ancient originall titles ( which is here the maine of the argument ) i answer that simple obedience to an establisht vsurper , doth not alwaies interpretatively affirme his right , or deny anothers , but affirmes rather the irresistibility of the possessors present power . god is the supream magistrate of al the world , and by reason of his omnipotent presence every where , we cannot exclude him from the cognizance of , or right to any of our actions ; but our earthly magistrates may fall into such circumstances , that they may have neither personall or virtuall presence with us , and therefore may be said to be civilly dead , according to the former axiome , idem est non esse & non operari , to doe nothing and be nothing is to us the same thing , motion being the chiefe evidence of life . in his case of the thiefe , i desire any man to consider whether ( as he hath put it ) he hath not clearely broken one commandement , besides those which he hath named , viz. the third , because it is an untruth to say the parliament requires not obedience from any of us , unlesse we all acknowledge the lawfulnesse of their authority , which is the second false supposition here . when officers gather taxes for the state , they have no commission to demand our declarations of the states authority first , but onely to receive the money taxed , which this author knowes is a truth knowne to every one . as for the peoples conjoyning and complying with the state to robbe another , by obeying to the prejudice of another ; he must meane it in a robbery either of power , or of riches . for power , the people aime not at it , their condition alwaies is l●rge who ever sits at top . and for getting by the warre , i hope the presbyterian party which had the authorizing of taxes , as well as others , knowes as well as the people themselves , that this is a grosse prevarication . last of all there is difference betwixt willing compliance , and necessary subjectiion , which is the peoples case . he objects againe p. 6. if obedience be necessary then a title once wrong'd can never be lawfully righted , it will be sinne to helpe the weaker party , or to rescue our selves from perpetuall slavery . here he is started suddainly into two other questions . first , how a title may be recovered ? and secondly , how we of the people may rescue our selves from the slavery of any titles ? these two relate to the future , which is of gods secret disposing ; our question is of the present only . but i pray you what doe people get when warres for recoveries of dubious rights are long and calamitous ? what are the people of france or the people of spaine better for the long and hereditary anger of their two kings ? or what was the world better for alexanders conquering it ? the houses which are burnt , and the millions of bodies left dead in the field , are the peoples ; and princes scorning to derive from them , still trample them to dung . we talke of some titles wronged , as if their rights were so certaine , and so necessary to live under , as god almighties is , who yet disposes of the changes which are made here among his chiefe officers , and not we ; who is it then that can right wronged titles , but he alone who makes all titles right ? to that case where it is argued , that if the masters mate had throwne him over-board , and by power would suffer no other to guide the ship but himselfe , 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 ; it is answered by the grand case of cons. p. 9 that the case should not have been of a mate as a partner ( which is false ) but of a party of the seamen , who coming to shore should bring the other obeying party to punishment , especially for acknowledging the vsurping stearesmans right , which is still falsely suppos'd in our case . here i desire this casuist to pull off his maske and speake plainly , whether he doth not plead for his owne punishment , as one who at the beginning of our warre principally incouraged us not to be guided by the then pretending stearesman , whom they of his party said aside , and stear'd a while themselves ; the scots declaring that he was not fit to touch the helme againe , till hee had satisfied , &c. besides , this is true , that they then required obedience from compounding royalists , although to them they seemed an unlawfull power and magistracy , as to the dispencing of publique and private justice . secondly , the reason wherefore these marriners might not acknowledge him the right master , ( as he hath varied the case ) is rather because this is in an inferiour thing de jure privato , master and marriners being accountants to the merchants who have a court of justice to judge the fact ; but what court is there in this world to call that power , which here is the supreamest to any account ? thirdly , he supposes the usurper and the complyers to be brought to account by the others , but not till they come to shore ; whereas in our case we can do nothing but in the ship , that is in the common-wealth , when we leave that , we go into another world , our true patria where indeed we doe not call one another , but are all called together to an account by our supreame magistrate , whose sentence we would faine prejudge here by a confusion of the ship in via . the grand case of conscience , p. 9. adviseth that seeing we are so unsetled , we should use meanes for a settlement , though by its procurement wee were more unsetled : if a man be at the rivers brinke he would advise him to keepe out of the water , but if at once he leap into the middle of the river , he would perswade him to come to the bank , although he wade through much water to come thither . i see according to this horrid tenent , that if god ( as the scotch phrase hath it ) comes not to the whole length of our desire , then there must be no peace betwixt man and man in this world . mr. ste. marshall preacht lately , that god was to be thankt for some thing , that church doores were yet open to those who had a zeale , and a will to congregate , that they were not under their enemies swords , nor compounding with them ; hee saw how they might be worse if god should through their peevishnesse let them see forraigne armies at their doores , who have both faces tongues , religions & affections different from ours ; and wil not care for firing our houses and churches , or for giving us lawes againe in an unknown tongue , and perhaps religion too . can he think the notion of our church government would be a charme to such swords and consciences ? or rather can he assure us of his prophecy here , that if we begin new troubles , we shall certainly have victory ? for his argument supposes it must needs end so , and that by his perswasion we shall wade to the bank . if we were indeed in the midst of the water ( that is in the midst of warre and confusion ) then being engaged for life , we might endeavour to wade through , though the streame were running deepe with our own and childrens innocent bloods , for after all metaphors , that is the element which he means . thus in no diseases but those which are supposeddeadly , may we use desperate remedies , such as may endanger the destruction of the whole body ; but may a man indanger his whole body , when it is not for the cure of himselfe but of another , and by the killing also of others besides himselfe , wife and children ? i will not name what sort of subtilty this gentleman hath used in this argument , nor def●ne with what conscience here he seekes to satisfie anothers ; for , lest we of the people should bogle at comming on the stage to act our late tragedy over againe , hee would impose it on our beleifes , that we are still in the middle act of it and that we ought to finish it . it is high time for him to consider whither if we run along with him in this we should not shut up compassion from our brethren , and shut out a great part of our gratitude towards god ; although i confesse some scars and haltings may remaine yet , after the warre it selfe is ended . methinks he should finde every thing both in nature and christianity more favourable for our present peace , then for our third warre , especially seeing all our former warres have ended very contrary to the expectation of those who were hottest to begin them . but i consider that passion is the last hold out of which we are beaten , of which the fuller men are , the lesse do they ( through a great judgement on their spirits ) perceive into what deformities they doe transport them , it being the nature of all intoxications that their defects are better perceivd by any , then by those who are opprest by them . the second part , that this obedience to the present government , is not contrary to , but consistent with our solemn league and covenant . by these steps we are come at last ad sacras columnas , to those sacred pillars on which the holy covenant hangs almost in every church , as a sanctum aeternitati a law sacred to eternity . the hands which hung it there , have not ( they say ) power to take it downe againe . who therefore may undertake to tell these persons , that they actually are or else may be freed from it , seeing they finde themselves obliged if they can , to tie all the world with them in the same sort of knot ? here is certainly a zeal● worthy to be ●ixt on that , which should obliege alwayes ; and the world must confesse that there hath been no publique oath taken by any person anywhere ; who have been more scrupulously attent not to double with their god in relation to his part in contract . but yet let not these consciences be scandalized if i say it was compild by none but mortall men , taken onely by such , and as a promissory oath cannot possibly be free from those exceptions , and accidents wherewith time changes the constitution of all those things , which it doth not absolutely destroy , wherfore upon a sober review of al i doubt not , but as many oaths and leagues are transient , so to shew that this according to its nature , and as it is originally a league or covenant , that is , as it is a formall compact , relating to the publique and united corporation of severall nations and magistracies ( by which each people were united together , and without which neither people were respectively to act any thing separately within and against themselves ) i say i doubt not but to shew that such a covenant , uppon what hath interven'd is expir'd to us the people of england , and that without any default of ours ; and though our magistrate would give it a new life and obligation ; yet to many principall things it can obliege no longer ; and for the next we are to consider that though something of our first end in reformation streame through the covenant ; yet its spring head rises higher then it ; which end we are in all formes to pursue still , & are now left ty'd to so much of the covenant onely as we were oblieged to for all our dayes withall our mights and soules , before we took it at all . lastly , if it were granted , that the covenant is not expired , yet i shall here shew , that our submission to this present government is no way inconsistent with it . in which few words , though i have stated the maine of its difficulties , yet ere i apply my selfe to answer objections , i shall briefly premise what i have observed others have omitted , it being hard to finde how we may be unti'd from a thing , till we have found how the knot at first was made . whatsoever we can say , affirme or deny , is either assertory or promissory the first relates to the time past or present ( is if i affirme titius to be , or have been at rome ) and therefore upon the very saying or swearing , the whole truth and obligation is fulfilled , and past with the time which accompanied it . the other relates to the time present , as it is then sincerely said or sworne ; and to the future for the sincere fulfilling them , which yet is dubious , conditionall , and not in our powers ; as when titius promiseth sempronius 100.l . when his ship returnes . for this reason some say all promissory oathes ase absoutely unlawfull , because oathes must be true and certaine ; but all future effects of things are uncertaine . i answer , that for so much as concerns the forme of my oath here , it is true and certaine , that my minde and words went truly together in the act of swearing , and that i will make my deed and words goe truly together , when the suppos'd condition betwixt us ( and which , as we mutually consent to , is in neither of our powers at present ) shall absolutely come to passe . this was the case of abrams servant , when he swore to take a wife for isaac ; a future ( in severall circumstances ) very uncertaine , both in respect of what might happen to the servant , to isaac and to the virgin we know what hapne'd to iob's children and family through the accident of warre , and the malice of the devill ; and how ioseph was shuffled away by his owne friends and kindred . it is not enough to say , such suppos'd tacite conditions cannot be in oathes ; for first , if such conditions be in promises , and that i may lawfully make a promise to another , then i may lawfully sweare a promissory oath to him , which we see cannot be separated from such conditions as are not , cannot , and need not be exprest betwixt us at the beginning . for ( to take away the supposition of fraud betwixt us ) we both agree in this that we cannot foresee with what circumstances our futures may be perplext . therefore it is sufficient that we swore things not necessary , but possible ; such as might happen or not happen , because depending on things which depend not totally on us , nor on our will , but rather mixtly on the wills of others , and on that which to us is change or fortune , for which reason he is not forsworne , who effects not alwaies what he by oath promiseth , no more then he sinnes , who alwaies effects not his simple promise . secondly , this tacite condition in a promissory oath , and in things naturally and morally possible , is proved by the very nature and definition of the oath . for it is onely an attestation , and imprecation of god in such manner , that if the promiser faile , he would have him to whom he promist , understand , that be puts himselfe under gods severe wrath . from hence it is to be noted , that the bare promise obliged as strictly before he swore , as after he swore ; and of the reason is , because he was obliged by nothing , but by that which was in pact . the investing it with an oath , or with gods punishment , relates onely to the penalty : so that a promissory oath signifies no more , then such a penalty upon such a promise : but a penalty ( as we know ) in law and equity relates onely to that which is unlawfull , such as is the violation of a pact . the addition of never so many penalties , to a thing in it selfe unlawfull , can never fasten any obligation on me to doe it ; nor can severall penalties to an obligation in it selfe lawfull , adde anything to the first ius or right of it , but onely to my future feare , least i doe injustice . the capitall question therefore in these cases will be . what the nature of the things are to which we obliged our selves at first ? for according as they stand or fall , our relations or obligations , to them stand or fall whither we will or no . thirdly , we finde such tacite conditions , conceal'd , and suppos'd in the oathes of solomon to bathsheb●● ; of david , concerning nabals house ; of god concerning the destruction of ninevah , and of abrams servant concerning isaacs wife , &c. by a reflection on all this , viz. that seeing there may be a promise , and consequently a promissory oath ; and that the nature and obligation of a promise , and of such an oath , is one and the same , we have gain'd a great point , that the covenant ( which is a promissory oath ) is not in its owne nature of an eternall obligation , but is involved in tacite conditions and accidents of the world , which may justly incumber us from effecting it , or from being further obliged to it , as well as other promises may , which yet are made bonâfide at the beginning . the difficulty onely is to see , whither de facto that hath interven'd , which hath now taken away the formall and originall obligation , which we of the people had to it at first , by authority of our magistrate ; and so taken away , as we may be secure and out of feare of the penalty , which we then submitted to in it . i shall not here make use of what others have laboriously argued ; that the matter of the covenant is such , as we cannot be obliged to , but let it be as good or as bad as men please to suppose ; i say in the first place , that all the good or bad , was form'd into a politicall oath , authorized upon two kingdomes , by the sanction of two publique magistracies ; who as collaterals obliged themselves to cooperate faithfully together , and obliged those of their distinct nations , to cooperate respectively and subordinately with them , for attaining a former end in such a way of reformation , as is therein exprest ; but by such meanes , as they in their publique and respective capacities , not we in our particulars should judge most consonate to equity and true to religion . for which reason we happily are pointed at there , onely in our private places and callings . here therefore there is a relation of severall things concurrent , viz. of two magistracies united as a meanes for the easier reaching the end of those respective reformations , which they were obliged to make before they entred in league , and of two people , who by the union of their respective magistracies , passe ( for so much as is therein exprest ) into an union one with another , and are to have their private capacities and endeavours managed by them , and never against them by any virtue of this league . besides it is a considerable circumstance in the magistrates managing the whole , that states or civill constitutions by reason of the diseases of ambition and avarice , are naturally as much subject to future changes , as any other things are ; and without the supposition of tacite conditions , we may as little sweare to preserve the state of a publique body , as we may sweare to preserve the state of our own particular bodies , or as a parent may to preserve his childe , which when it shall be taken away by diseases , or by justice , he may be sorry for the losse , but may not justly complaine of it . and indeed so it is come to passe without any default in us of the english people , or of our publique magistrate ( under whom we were to act in these private places and callings ) that neither of us can be said to have laid the covenant aside , although we could not keepe it from expiring ; because the failing was in that which was never suppos'd to be in our powers viz. in many conditionall things which camecr osse , and in the breach of fidelity in another collaterall and concurring power . if you please to object here as an aggravation , and an incitement for us of the covenanted people to rise kill and slay , that the covenant is buried not as a thing really expired and dead , but that the people out of interest must be told so , onely because the former magistracy is really laid aside and changed , which if people should throughly consider , would quickly make them finde matter enough in the covenant to take armes . i shall not in the way of answer to this repeate any thing concerning the cause , the meanes , and the concurrences to this our present change ; every covenanter both of england and scotland , knowing well that there was no change of government here , till the covenant was nationally broke ( and so many here were insnared , both royalists and parliamentarians ) by the scots , who thought to have us'd it for a change of government , and as a stratagem to give law in another judicatory : neither shal i argue in this place , how compatible any change may be with a covenant so conditionall , in which kings as parties are totally excluded from judging either for themselves or for others , which point shall be further argued at last ; but i shall content my selfe to take what is here granted in the objection , viz. that the government is really changed ; the consequence then to us of the people will be , that seeing by the fourth article of the covenant , we may not without apparent breach of it , act the sence of the covenant , but as we receive it from our respective and supream judicatory of england onely , and that the said government which it relates to , is confest to be gone , have you not then clearely confest that the obligation to act any thing publiquely by covenant is likewise gone ? according to an old axiome , sublato relat● tollitur correlatum . if this present government which we are chang'd to , and which now protects us , should thinke fit by the way of covenant to give a new life , to that remaining part of it , which may be observed , yet you will not allow any obedience to them , though in things never so lawfull ; neither will that fourth article allow me to obey any forreigner , nor those without whose consent the covenant was made , and consequently without whom it is to be interpreted , as the late proceedings of the scots at the hague plainely shew : so that after all this , if i in my private capacity be as you say still indispensibly obliged by it , to begin or assist to publique troubles , do you not fall into a worser absurdity , and maintaine an oath against the fifth commandment , or against all magistracy , which is an impossibility ? nothing ever cautiond in termes more expressely for our duty of making discoveries , of bringing to condigne punishment , of our supreame respective iudicatories and the like then the covenant did , which are things relating to none but our supream magistracy , unlesse you please plainly to assert another absurdity , that every single man who hath taken it , is thereby absolvd from his magistrate , and is made one himselfe to judge of the other , and thereby authorizd not by way of toleration to professe but to establish what religion he would , to punish at his own tribunall whom he would , and to reforme the state as he would . for he to whom you will allow a capacity of making warre , hath also a capacity of making peace , and lawes for the security of his peace . thus we see how the government is changed , and the formall obligation of the covenant at an end ; but what if i should grant you by the way of supposition , that in case both the covenant and the former government were standing together in as full force as you desire , and as it was when the scots first delivered the king up to the parliament of england ? i would then know of you whither if our parliament had then for reasons best known to themselves ( and of which wee can never judge competently ) declared us of the people , free from any further obligation of the covenant , might we justly have thought our solemne league at an end , and that we ought to act nothing publiquely any longer by it ? if you will say we should have been still obliged to act upon it , then i aske you againe under whom ? for i have proved it must be alwaies under a magistrate , and you have all along proved that it must onely be under our lawfull magistrate , how lawfull soever the thing be in it self which is commanded , you would not allow the king to be the person to be obeyed , whom you thought fit to keepe in an imprisonment . the parliament ( according to our supposition ) would not be any longer obliged to it , or be obeyed in it , and the scots acknowledge themselves in the 4 article to be the supreame judicatory onely of scotland , and i cannot act publiquely by a private capacity or magistracy . ergo in such a case , the covenant how good soever , had not obliged any longer , nor is it in it selfe eternall . you will not deny perhaps but one man may free another from an oath when it is for the worldly profit of him who pleases to release it , as every man may throw away any thing of his owne right ; but you will not allow it in sacred things where god is a party . i answer , that though no parent can dispence his wife or childe from the feare of god and the duties they owe to him , yet he allowed him to break the childs vow for giving him a sacrifice , and both to be guiltles ; and then why may not we be now absolved , if our publique parent judges it not fit that wee should be any longer tide formally to a conditionall oath ; though it have relation to some sacred things ? you will say no , because the parent did not as a party solemnly concurre to the childs vow , and having never consented he might the better dissent ; but our publique parent did concurre at a party to our oath . the parliament and people tooke the covenant joyntly together , and it is said that if the father heare the vowes , and contradicts them not in the same day , then he confirms them , and cannot break them without iniquity , to this i reply , first , that v. 16 . it is said the childe is free after the dissent of the parent , and that the parent is charged with whatsoever was amisse in him , which is excuse enough for us of the people . secondly , the difference is great in a maine point of the paralell ; because after the concurrence of the father to the childs vow for sacrificing something to god , that might be compleated in the temple without his further helping it on ; but we cannot doe any thing in our case without the cooperation of our publique parent all along , neither can he do any thing without the concurrences of many other possible , but uncertaine conditions , and if he in effect finde those conditions have come contrary to his publique endeavours , what may we doe ? will it be enough for us to rest in having attempted the utmost of our private endeavours with him ? or will you authorize every man upon private judgement or interpretation to begin a warre in his own sence . a league or pact authorized betwixt private neighbours over a whole nation or over part of it , is not as a league betwixt prince and prince : because these have conditions exprest how and when to begin warre upon one another in case their leagues be broken . but there is no such thing exprest in terminis in that covenant which we have made one with another , and which we made subordinately to our magistrate : so that if we or the magistrate faile , we are equally left to gods justice solely and to the forfeiture of our own penalties due to him , and every one is to answer for his owne deficiency in his own station : and being left to our selves againe , we are left to act onely so much of our oath or of the ancient end of it , as we were bound to before we swore : which is a great deale ; because we were bound by precept before wee were by promise all the dayes of our lives to do our utmost for the glory of god , and the good of our neighbour . secondly , princes or states who by the supremacy of their powers , are able to make lawes for their separated kingdomes ; when they unite their supream powers , they are able to make a common law for all their kingdoms together , which is called a league or compact ; but a law when it comes to be broken ( which is a publique thing , and therefore of every mans interest ) may be vindicated publiquely by warre , and by those who have a posse regni . but i cannot say the same may be done for the covenant , for quo jure can it be done ? the scots indeed by one way of arguing make it greater then a law , and by another make it lesse ; which is when they one while affirme it unalterable and unreformable as a divine text , and another while confesse it was not made by the joynt concurrence of all those who with them are essentiall to the making a publique law . i conceive we may safely say it is of a constitution inferriou● to that of a law , and therefore its obligation is lesse , though its penalty be greater to the failers in it . it was made use of , only as a convenient instrument or meanes , for the better attaining some lawes as its end . a law it was not because it was not made by all the then legislative powers of the kingdome . for the kings concurrence in england if not in scotland , was then held requisite for passing a law and he ever dissented from this covenant . halfe the inferiour sort of the people have not any interest in it , nor have taken it : and not having any obligation to it , how i pray you can they justly be drawne into the penalty due to it ? as they must all be , if a warre ( which is effectually a penall thing ) be begun though by a part of the nation ; for the nature of warre is such , that it puts a whole kingdome into imminent danger of desolation , though but begun in a part , and by a party of it . thus far i have endeavoured to shew the true fast and loose of all promissory oaths , and how their obligations cease according to the nature of the things which they are affixed to . the author of the grand case of conscience p , 1. objects , that if inconvenience may break a promise or disengage an oath , then many may be cheated , and david was much mistaken , psal. 15.4 . who saith he shall dwell in gods tabernacle , who sweareth to his own hinderance and changeth not . i answer , david speaks here of an oath violated by a change onely in the promiser , who by his oath hath past a right to another : and therefore can no longer dispose of it againe ; the party to whom he swore may dispose of it as he pleaseth and may dispense him of it ; because no man hath a right to make another man keepe his owne , longer then he please himselfe . it is a duty to pay a debt , but not to receive it . finally , this is nothing to those cases where the change is not in us , but in other persons , and in things which relate principally and conjoyntly to the fulfilling of the oath or promise . for if i promise titius a sword at such a time , and he then chance to be mad , ( an accident not exprest betwixt us at first ) am i bound to put it into his hands in this change because i was the first promiser ? wheras it is said , that the obligation of somethings end , because they can be no longer kept , as that of the kings person &c. he ans. p. 11. that if men shall by violence put an end to the thing , that thereby the obligation may end too , that is a breach of covenant . a woman promiseth to be faithful to her husband so long as he lives ; but if she , to marry another , kills him , she breaks her promise . i grant it easily that they who use violence to break lawfull contracts , sin grievously ; which is a thing now confest in every church of scotland ; but what is that to those who use no violence to breake them at all ; nor can helpe it when it is done although many be undone by it ? one thing i most earnestly desire to learne in this question propounded ( i guesse ) concerning the kings death ; which was a consequence of the others breach and tamperings . if by the covenant we were indispensably obliged to preserve his person , how came it to passe , that we were obliged by the same couenant to wage warre against him ? i have heard of a distinction betwixt his power and his person , but never of any betwixt his person and himselfe . so that if the covenant could have dispenced any souldier of england or scotland to kill his person by an accident of warre ( as his life was oft in danger before he came to the scaffold ) his death had beene violent , and the obligation to preserve him had ended , and yet according to this argument the covenant had not been broken . why then should these men thinke the world so dull as not to understand plainly enough , that the covenant provided for his death more wayes then one ? true it is , that the covenant held out a faint and a conditionall preservation of him , and after all no man can sincerely stretch it further : from whence if we will let him judge this one controversie , he hath left it recorded to posterity , in his suppos'd book chap. 9. in vaine is my person excepted by a parenthesis of words , when so many hands are armed against me with swords : moreover in his chap. of the covenant , he feared it provided for him in a logick too loose and circumstantiall . from all which what did he conclude , but that he would not allow of a covenant-argument for his life ? i know the answer here is obvious , that bullets were not shot directly against him ( as few are against any in a towne or in a battell ) and that if he would have withdrawne his person , he should have beene out of danger ; but then i pray you what advantage had he in this by covenant , more then any common souldier of either side ? who when they retire , are equally out of danger , nay he had lesse advantage , for by preserving him , they meant keeping him after he was rescued from others , and by keeping him they meant not him primarily , but something else , to which all consideration of him was to give way . as for others which were to be brought to punishment , they had some of them leave to go beyond the seas , others to enjoy liberties at home ; and of all the excepted persons , there was never any of them who was here deprived of life , but as our troubles and warres increast , their number ( which was strange ) lessen'd even to six or seven at last , and most of those out of the kingdome . i know they have distinctions wherefore so much might be remitted to those , and not to the king , although he had on his behalfe the word preservation in the covenant ; but these distinctions are but their strong justifications for that which is the bottome of this argument , if all covenanters durst speake plainly alike . he objects . p. 11. that if according to covenant we should preserve the priviledges of parliament , against a malignant party that would have taken away but five members ; why not against an heriticall party which took away above two hundred ? i answer , that when the five membere were in danger , there was a session of neere all the lords , and of all the commons to authorize the people to bring others before them to condigne punishment : but where is there now any session of a supream power in this land , before whom we ought to bring the present parliament ? under what formall supream magistracy can we now cooperate or receive publique orders , but from them ? who have commanded no such thing against themselves . lastly the covenant makes not us private men magistrates , neither doth it authorize us to a war disertly , as to a penalty . certainly he doth not meane that the remaining members make no house , because there are more now kept out , then are admitted into it . for would not such an argument clearly determine , that the house of lords was never a house , since the major part followed the king , under pretence , that they durst not sit any longer at westminster ? or else if the ●itting of so many members as are enough for a legall vote be illegall , after others are forc●t away ; how shall we justifie that session with a new speaker , when the rest were forc't to the armies protection from the citizens servants and apprentices , who forc't them , and indangerd their lives in the house ? or how shall we justifie the house of commons for sitting , when the five members durst not appear ? though force should not be used without a desperate occasion be given ( in which case the preservation of the substance , is alwaies above the consideration of a formality as hath bin argued by the parliament ever since their first warres yet they know few or many sitters in the house , is not a thing of our examination , if they be above forty . the second demurrer p. 6. objects that we have sworne by no terrour to withdraw our selves from this blessed union , but to continuein it all our lives against all opposition . if there were nothing else in the world yet these words sufficiently prove that we are now absolutely absolved from the covenant ; for first , they relate to a state and time of vnion , in which we were according to the united strengths of two nations , two magistracies , and of the respective magistracies and people here enabled , yea commanded to make great opposition against those who then were actually united in armes against the parliament . but now that we are supposed by these authors to be dis-united as our enemies are , and that the magistracy is changed , our state of subordination somewhat varyed ; that the links of our former chaine are broken ; and that the commons act alone without a king , as the lords & commons acted before without one , and that the scotish nation by their invasion , and their attempting to divide the king from us , and us one from another , by their declaration made preparatorily for division , thereby to favour invasion afterward , have in the face of all the world broken whatever was of nationall union and peace , yea and all that which was of confidence betwixt our selves at home , and ( which was yet more horrid ) in incouraging one principall army in ireland to fall off from the advantages it had against the bloody rebells , to turne their swords against the parliament it selfe , only out of a by end of ambition , yea now ( that the war being ended ) we are to enter into an vnion of cohabitation or in cooperation ( as they have done in scotland it selfe ) with those who during their united hostilities occasiond our nationall union , are we i say after all this , in the selfe same union which they at first hoped might have been continued to them & us for all our lives ? that union suppos'd the warre which then was , with the rest , of the circumstances , and if we wish the same effect or union now , do we not thereby wish the same cause or warre againe amongst us ? as we were to oppose armes to armes , so union to union , and certainly that union of the parliaments of both kingdoms was at an end , ever since the scotch army here received their money , and returned , home , leaving the delinquents of both nations dis-united and clearly reduced to receive condigne punishment , ( as the covenant calls it ) at the respective judicatories of both kingdoms ; and if it ended not then , yet it could not bee consistent with their declaration and divisions presently after ; and if not then , yet i am sure it could not be consistent with their nationall invasion , and tampering to divide all in england and ireland , the effect whereof hath been a change of government here , and hath made them totally distinct forrainers to us . the demurrers premisses in this argument by a new logick , relate onely to a state of publique vnion , and his conclusion relates only to a state of publique dis-union , of the consequences whereof the covenant saith nothing at all in any article ; it enjoyn●s the bringing of delinquents to condigne punishment , and those private persons likewise among our selves , who should helpe on , either divisions amongst us , or the invasion of either nation first . but whether should they be brought to punishment ? the covenant answers , either before the respective judicatories of each kingdome ( who onely have power to judge of what is condigne ) or before no body . it speakes likewise how we should unitedly venture our lives against the enemy which then was : it doth not , or at least ought not to sweare us to get the better of them for ever , nor that we should in a rout or dis-union end our lives against all opposition , and without quarter . if the termes of our utmost endeavours , and all the dayes of our lives , are to be understood litterally , and that we must not survive any violation of the covenant , then why do these gentlemen , ( who conclude themselves in the state of the covenant thus understood ) thinke of living till to morow ? the termes of forever , or for all the dayes of our lives are not in our contracts to be understood naturally , but morally ; for we finde it plainly in the judicial law , that after a jew had taken a servant , and bor'd a hole through his eare he was ( as the text saith ) to serve him for ever , although one of them might poss●bly have dyed the next day , and both of them after a while might have beene made captives to others . the law calls the league of marriage individua vitae consue●udo , a c●habita●ion for all the dayes of our lives . for so it should be ex voto contrahenti●m , in the sincere desires of the contractors ; yet we know , one ordinarily dyes before the other , and that many conditions may happen to legitimate their divorce afterwards , though the contract was never so religiously made in the presence of almighty god at first . the scots in their late proceedings with their king at the hague pag. the 6. interpret the words of utmost endeavour , as morally as we doe here ? for the commissioners of the kirk said , they us'd their utmost endeavours to save the kings life according to covenant ; but how ? they answer , that it was in papers , messages , declarations , testimonies , and protestations onely ; they name not warre , or bloodshed , for they protested against that way last yeare , as contrary to covenant , when the parliament of scotland invaded us ; and i hope for the reputation of the religion they professe , they have not altered their publique commentary of that sacred text contradictorily so soone . to conclude , either wee are still in the vnion of the end of the covenant , or we are not : if we be in it , then these breake the covenant , by seeking to dis-unite us : if we be not in it , where then is the article for our private forming a warre upon it ? and under whom , if not under our english supreame iudicatory ? and if they call us not out to revenge that which was more then a bare falling off from the covenant last yeare amongst ourselves , ( when the scots exercis'd such high hostilities , and were the first shatterers of all our frame ( which otherwise might by gods blessing have cemented againe ) how durst these private trumpets sound the alarum , and open the wounds of the nations once more ? though the respective iudicatory of that kingdome now cannot make that which was once done , undone ; yet by the present punishment of the kirke , it is acknowledged that they hold the covenant to have been more then nationally broken , in regard of the harme and damage which was done to us after it was broken . for there is a great deale of difference betwixt ceasing to helpe according to a league , and acting hostily contrary to it , especially when no such penalty is in such a league exprest betwixt the parties . but you will object , that if the covenant were so broken in one or two points by them , yet it doth not follow , that the whole covenant is broken thereby , and dead in every part . i have answered before that we are no longer obliged to any thing in it by the way of league and covenant ; the reason here is , because here in leagues everything is to be observed con●unctively , otherwise all is broken ; which is so true and cleare , that if we looke upon gods league and covenant with israel , we shall finde the same thing pronounc't there . god said , if yee keepe my commandements , i will be your god , and will maintaine you in your plenty , and in your land : yet he said , that if they broke any one commandement in their part of covenant , they were guilty of all , and that all should be at an end betwixt them : just as st. iohn in the conclusion of his revelation saith , who ever shall diminish but one word of that booke defaceth the whole , and looseth the whole benefit which he might expect thereby in the holy city , by vertue of the second covenant . it is asserted , that there is no clause in any oath or covenant , which in a common sence forbids obedience to a present government : to this the grand case of conscience answers , that the covenant engages to another government , therefore it forbids obedience to this , and oathes ought to bee their owne interpreters . here he at first begs the question , whether the covenant can now engage us or no ? seeing it hath beene proved , that that which is now nothing , cannot now engage us to any thing ; and conseqently our submitting to , and acting under the present government , cannot be contrary to covenant ; because things which are contrary one to the other , must have actuall being together at the same time . but the very being of this government , supposes the nullity of the covenant , whose death ( as it was other where contrived before ) gave life to that mutation here afterwards . secondly , though the covenant were still valid and in force , yet when we were sworne to it first , it found us actually out of that government here pointed at , viz. of king lords and commons . for that is the supreame government of a country , which makes a supreame law there : but at that time the supreamest humane law , which ( according to these gentlemens opinions ) was ever made in england or scotland , or perhaps in all the world , was made without the king in those kingdomes , and against his dissent . for which reason the covenant engages not so positively for king or kingly government , as for the vnion of the covenanters in any forme and against any opposition ; whereupon the presbyterians when it was ( as most conceiv'd ) in their power , to restablish king or kingly gove●nment , they omitted both for many dayes of their lives , without question ; because they conceiv'd it not a government absolutely necessary by covenant . when d. hamilton entred england so hostilely for that end , and as he thought by vertue of covenant , yet he was excommunicated for it by the oracles of the covenant . lastly , the reigne of the covenant since the first day of its birth and obligation , was never yet a r●gall reigne , no not for one day anywhere ; so that the change which is , is not determinatly contrary to that principle , out of which ( according to the circumstances of security ) any government may be moulded for any place . for which reason if i should grant you that the covenant were not expir'd , and had not beene so palpably broken , as it was betwixt the nations ; yet scotland ( if they had pleas'd ) might have beene govern'd by a king , and england by a free state , & yet both consonantly enough to covenant and without any contrariety , because the circumstances of securitie in one might have been different from the circumstances of security in the other ; which though different , might as well have been mutually maintained as their discipline differing from ours might have beene preserv'd by us . from all which it appears , that that oath is cloudy in the positive or set government which we ought to have , and so cannot be justly called it's owne interpreter , besides a reformation according to the word of god ; and the example of the best reformed churches , supposes such a latitude of logick as would ( if all sides should be heard ) give us as much exercise as all our wa●res have . and certainly the covenant is alike undefin'd in religion and in civill government . for we swore to bring the church discipline in the three kingdoms , to as neer a similitude as the constitution of the places would bear , not into the very same ; and as for the civill government , it was to receive its forme in the security of that , just as water doth receive not onely the figure of the pot or glasse into which it is put , but its conservation from being totally lost and spilt . but how then will you free your selfe from this contradiction in asserting that the civill state is unalterable by covenant , when that of the church which formes the other is so much alterable ? and seeing that of the state receives from this , not only its form and being , but what ever else you alone please to attribute to your security in it ? from whence i conclude again , that a change of government is consistent with covenant , & that a submission to it in lawful things is much more , and consequently it ingages not to any one determinate government , and so is not against this of ours . i beleeve it hath been a frequent observation of many , who have calmely converst with our divines and others zealous for presbytery , that they have found them little satisfied with that sort of presbytery , which our parliament modelled for us of this nation ; as having little affinity with the couenant . my beliefe is , that they in that discernd not the consequence of their own dissatisfaction . for if their consciences regulated by covenant , can admit no civill government , but the kingly ( which they so much argue for here ) and if the covenant and a scotch presbytery ( whose right they hold to be divine ) be essentially linkt together , then we and they may all of us learne , not onely from direct inferences , but from the declar'd experience of the sonne , the father , the grandfather , and great grandmother , that is of the three last scotch kings and one queene . that if the scotch presbitery come out of the covenant then kingly government cannot derive from it , because they are jurisdictions incompatible and inconsistant in the same place , and if one can conserve it , then may we say as much of the other . how much mary queene of scotland experienced of this , let the world judge by that which she wrote both with inke in her letters , and with her blood on the scaffold . for how came she to be beheaded in england , but by mr. knox ( and the kirkes having done little better than ) put her into the hands of those who could not keepe her long alive with security to themselves ? king iames hath writ and argued largely concerning his dangers & sufferings under it , & it is yet remembred in what dialect they of the presbytery were wont to preach and pray against him to his face , and he not know how to remedy it , or by what right to top theirs . when he came into england he profest his deliverance from that subjection not of small satisfaction to his minde , and therefore at this di●tance he contrived how to extinguish or check that ●ate there , & after some progresse in that worke he himselfe dyed peaceably in a milder country , but k. charles with that crown inherited the consequences of that undertaking , for his first troubles began in the controversie of that presbytery ; and what a preservation he thought the covenant ( from which it seemes their presbytery is so inseparable ) might be to him and what his fate was and who helpt it on , nay who diverted him from agreement here , all the world knowes and in his writings likewise he hath showne to the world that he himselfe was not ignorant of it ; this only is the wonder , that in the midst of this their specious zeale for kingly government , the covenant should be so silent concerning royall posterity , or for their succession , in case the scots or english souldiers had kill'd the king casually before he had given them the satisfaction which they required , the consideration of all this , with some other lately offer'd to the young prince at the hague , by the scotch commissioners , and the satisfaction which they in their late declaration require from him , as they did from his father , have questionlesse made him scruple , so long at his adventure into that country , though so much invited . for they told him p. 14.15 . that for longer then these eight yeares , yea ever since that queene mary , their fundamentall priviledge hath beene to assemble in parliament ; and to conclude there of themselves , either without king or kings commissioners ; and that if his majesty refuse those their reasonable desires , they shall be constrained in so great an extremity , to doe what is incumbent on them , to preserve religion , and the kingdom from ruine . here they plainly acknowledge , and assume that supreame power and right , which shall be proved here more evidently towards the conclusion . but because i intend truth here in the simplicity of my heart , and no way to swell this argument , either with passion in my selfe , or with scandall to any man else therfore i shall sincerely unfold what hath long been a mistery to my selfe , and for confirmation of what i have asserted here so positively , i shall give the reader the expresse word of our great english covenant-champion , and of master hinderson especially the scotch champion , betwixt whose fingers the covenant it selfe was moulded . o●●t ●●ind cafe of oonscience , p. 14 , saith , but they who are now for the right of the son , and continuance of the government , are as much against the vices in and about him , as about the father . and should he doe as his father hath done , they who are now for the performance of this oath and covenant , would as truly joyne against him as against the father . who can call this regall language ? which yet will be lookt on as the english presbyterian-alarum , though but by one man . hee had done well in speaking of the performance of covenant by us all if he had offered a catalogue of all that which would fulfill the covenant in all its termes without any further interpretation ; but that which is supposed eternall for time is likewise infinite as to the matter which it may relate to by the application of humane logick . mr. hinderson in his newcastle conference , with the king p. 24.25 . saith , that the reforming power is in kings and princes , quibus deficientibus , it comes to the inferiour magistrates , quibus deficientibus , it descends to the gr●sse of the people , but yet supposing still ( as he saith ) that they be all of them rightly , inform'd . for which reason though he conceal'd it from the king , yet he meant , that the reformation of any of those three powers , according to the covenant must be judged & reformed afterwards , by some other body of men here not named . for i conceive that he who is ultimatly to judge of the reformation and of its publique obligation , judgeth likewise of the reformers themselves though never so high or never so low ; and to this strange opinion he would faine intitle two english episcopall champions bilson and iewell . here i must confesse i was at a stand , concerning the nature and interest of the covenant , and was sorry to see that i was no plainlyer told whether it would carry me ( laden with so great a curse ) nor where it would set me downe . at last i found in the same author . 32.33 . speaking of the subordination of powers , under which people were finally to obey , that he would not willingly tell his majesty , whether the church was subordinate to the civill power , either to king or to parliament , or to both : for ( quoth he ) i utterly desol●ima such a headship as the kings of england have claimed , or such a supremacy as the houses of parliament crave , with appeales from ecclesiastiall iudicature to themselves . no man may thinke but mr. henderson meant this for the jurisdiction of england , as well as of scotland , for hee spake of houses of parliament which were plurall in england onely ; and though it may seeme strange at the first view , to heare one say , that the scotch nation state the supremacy of england in their country , or that they endeavour a direct change of government , here , ( which they have indirectly attempted for a long while . ) let every man judge not by our subtilties , but by the kirkes declaration , 27 july , 1649 , p. 11.12 . their words are , that their king after his oath of coronation in scotland , shall assure them under his hand and seale , to injoyne the solmne league and covenant , establish and practise the prerbyteriall government , directory , confession and catechisme , as they are approved by the severall assemblies of their kirke and parliament , in all his dominions , and that he shall never endeavour any change thereof . no man will say but states like judges ought to act , ex bono & aequo conjunctively . so that though these things which here they would impose upon us perpetually , were never so good , yet they being unequitably deriv'd upon us from their supreame judicatory ( in whose possession we are not so fully now , as they were last yeare in ours ) we ought to abominate their designe , as much as they might the like obtrusion of their presbitery from hence , without power there to rectifie it ever after . for these presbiterians with us grant ▪ that good and lawfull things may not be practiz'd under a power unlawfull , as they say the scots would be here . however here i at last found who was my supream right magistrate in the kirk● sence , but then i conceiv'd i was in a great snare , because i saw the jus publicum of a kingdome totally though secretly changed . i saw all things of direct religion , and whatsoever related collaterally to its security , lodged there , and by the kirke prejudged from the judgement of all other authorities in scotland especially . but because religion and its security draws in all humane concernments , and that two supreame collaterall powers cannot stand in one and the same place , in the same time , for the same person , but for contrary actions , therefore i knew not whither of the two supreame powers the ecclesiasticall or the civill i should in this case throw away , for they could not in this contest by the judgement of any be both obeyed together ; and i stood in a miserable case betwixt a jaylour and a devill the kirke giving me to the devill if i obeyed the civill power and the civill power giving me to the jaylour if i obey'd the kirke , which was ( to speake the truth ) the state of the whole kingdome of scotland last yeare , betwixt the the kirkes excommunication , and the parliaments order which authoriz'd duke hamiltons expedition , in vindication of the covenant here : in which difference we have no reason but to like the effect , however we may dislike such a cause here . wherefore to answer this ●scruple , i positively say , that in whatsoever is of pact betwixt man and man , or of policy in the covenant , i ought solely to follow the civill magistrate , and the church here ought to follow the magistrate likewise , as a case relating to the disquits to the warres , and to the recovering the peace of earthly kingdomes : if otherwise , then the civil jurisdiction ought clearely to be managed by the ecclesiastique ; which is stated so no where ( that i know of ) but in romagna and dutchy of ferrara and the other places belonging to the pope . this i speak not as desirous to detract any thing from the sacred function of the ministery as it containes it selfe in its own function , no man being able rationally to object any thing wherefore some might not ex officio , be deputed to excite others to vertue and sanctity of life . but yet who can say they are not subject to the infirmities of ambition , avarice , and severe passions as well as other men ? or have not our antagonists ( whether they would or no ) observ'd them in these cases of worldly rights and interests , to have as oppositly , yet as peremtorily differ'd one from another , as people of any family ever did ? the devill not being able to get the text on his side , by his wiles oft got the commentary , so that we are to be excus'd , if we hold many things in church-men , to be but as an apohrypha at best , which yet for esteem sake is alloted a place before anything else , next after the genuine text , having thus openly stated the scruples of my own and of many more consciences , and to take off maskes not from the faces , but from the consciences of these three , and the multitude of other scotch casnists , who have talkt so speciously for our covenant , vindication of an heirs just title , our submitting to it , and joyning with others immediately , least right suffer wrong one day ; i cannot ( i say ) but aske the same men plainly ; what difference in effect they find● , betwixt the titles and right of the prince of wales , and of the n●w king of scotland , notwithstanding all their obligation of covenant , to submit to him as such ? it is not enough by covenant to preserve an aery title onely to a prince , and by the same covenant , to suspend all the rest of his solid power , and right ? certain●ly his royall commands ( notwithstanding all this talke ) are no more obey'd in scotland now , then the episcopall commands of our countryman , the bishop of c●alcedon are now obey'd in turkey . but what hinders him from exercising any kingly right in scotland as yet ? the covenant which is not yet satisfied . how is it then , that some of our presbyterians say , that the same covenant indispensably opens the doore to him here ? if the ●ing aske the scots why they put the law of the covenant so to his obedience , 〈◊〉 the first thing which determines all his other rights afterwards ? they can onely say , that they swore it in his fathers raigne , and it is now eternall . though i censure nothing here , yet i cannot but conclude-hence ; that they of themselves , as well as our parliament , have made a law above all other lawes , ( and more then a reformable magna charta ) for the government of the kingdome which may be exercised according to it , without kings , and against kings . the first thing which was ever offer'd to him from the kingdome of scotland , was an authority by far transcending his own , viz. that of excommunication . for ( as their late proceedings with him at the hagu● shew ) hee was by that subtilty tryed whether he would refuse first to acknowledge iames graham ( alias montrosse ) or that great power of the churches , by which he might be awed to greater things afterwards . to backe this likewise the commissioners of the synode said ( p. 22 ) that they negotiated with him in a capacity altogether , distinct from the commissioners of parliament , as being persons commissioned by the kirke , which is commisioned with a iusdivinum our bishops certainly never undertook such a jurisdiction & supremacy , and unlesse these had witnessed so much of themselves to all the world , no one would believe that in such a poore country , and so much forme of religion , there could be such high passions of ambition . besides if it be a true rule , that he who is the maker , ought to be the interpreter of a law , then let all the world observe one thing , that the kirk having made the covenant ( as the principle of all supream rights both of state and religion ) then they alone ought to give the interpretation of it from time to time ; as they de facto did not onely last yeare , contrary to the interpretation of their owne parliament , but also for many yeares together have peremptorily prest it upon ours : so that it makes a fundamentall change of government there , though differently from what our parliament hath made here , the jus publicum both of religion and security of state with them , lying in the covenant , and that lying in the brests of churchmen , chosen by one another : and our's lying in the power of laymen , chosen by the people , and judging by the common lawes of equity and necessity , and of the word of god . it were in vaine to say the kirke onely recommends their interpretation to the state . for last yeare they did it with a penalty upon the parliament , their whole army , and the body of the people which obey'd them ; if it be a penalty to bee given to the devill , and to bee put into a state of eternall death . wherefore they there are , ( or else none are anywhere ) the true judges of right , who make themselves judges of wrong and of punishment . to conclude how practicable soever the covenant was at first , or how erroneously soever we may now conceive it to be extinct , or to be a principle fitted to justify a change of kingly government , which was actually made first of all by it and their presbytery in scotland ; yet it being originally but a politicall or condition all oath , relating to our former unions when warre w● , and to our cooperation under our respective magistrates only , not in a way contrary to the fifth commandment ; and that all the magistracy which we enjoy , and by whom we are now fully possest , if they have not laid it aside , yet call us not out to act the remaining part of it ; and that it interprets not it selfe : so that each private man is not made by it his owne magistrate ; and that there is no penal article in it obliging us private men to pursue a publique warre upon the magistrates , or any other mens bare neglect or misinterpreting it to themselves ; who therefore can contrary to all this , peremptorily warrant us now , yea necessitate us to begin , or assist to the desolation of warre and bloodshed upon it ? especially seeing it is made very dubious at least whither we be now tyed to it at all or no : further more how good so ever it was at first , yea though that other nation had not given it it 's mortall wound , when they attempted to give us ours , both in england and in ireland , ( which was the cause of this effect of change of government here ) yet if when it was in force , it should any other way have received a bad tincture of passion or ambitious policy among our selves , why might it not by our magistrates order , have been as well carried out of our churches as the brazen serpent was out of the temple , after it was unhappily perverted to its wrong end ? if otherwise , and that it must at all hazards be indirectly made a snare to peaceable consciences even after it is extinct ( as hath been proved ) i shall desire any pious spirit to judge , whither it doth not in such a case deserve much of campanellas censure which he gave upon the spanyards india treasury , that it was gotten in blood , sailes home in a sea of blood , and never rests till it be all laid out in blood . the reader may be pleased to take notice that though these replyes for the most part touch but on simple obedience to a government supposed unlawfull , but commanding lawfull things , yet they virtually extend to our acting under such a government . it is to be presumed that our adversaries not contesting profestly what hath been publiquely argued in that point , do conceive the difficulties of acting under involved in those of our submission to such a power . the distinction of active and passive obedience , is but a nicety , and if one be not a sin , the other is not . they are in a manner the same thing , derive from the same principle , and differ but gradually , just as the morning and the noone light do , which derive both from the same planet . for he who takes paines to furnish in a ●axe , and he who tooke paines to execute the office of a judge or of a justice of peace in honest things by vertue of commissions and orders from the same supreame ( but illegall ) magistracy , doe both of them what they doe , by vertue of the same originall submission which is a passive obedience . if this be otherwise , then ( according to these authors opinion ) we and all our forefathers have sinned , in obeying those actively or passively , who by unjust usurpation have come betwixt us and them , who derive from the first who were in compact , unlesse the lapse of time can justifie the viciousnesse of an action ( which is impossible ) or that we may lawfully obey those who plenarily possesse and protect us , and command us lawfull things . finis . errata . p. 2. losse , r. loose . imperciptibly r. imperceptibly . insinuation r. insinuations . p. 2. l. 2. may be not r. may not be , beholding r. beholden . p. 6. heneration , r. generation p. 7. but in one , r & in one p. 9. understand , r. understood . offices r. officers . p. 10. a businesses , r. busines , p. 11. pretends r. pretend , thereof r. therefore . p. 13. but it is a contradiction r. is it a contradiction . p. 14. for detain'd r. attain'd for dislove , r. disolve . p. 15. best to take heed r. best take heed p. 16. king r. kings . p. 17. purpose r. propose . p. 19. found r. swound . p. 22. at last r. at least . p. 31. drive r. derive . p. 33. ply , r. comply , for or , r. nor p. 34. large , r. subjection . p. 39. person r. persons next r. rest . p. 4 r. change r. chance . p. 42. true to religion r. to true religion . p48 . dispence him of it , r. dispence with him for it . notes, typically marginal, from the original text notes for div a57691e-80 whence the difficulty of perswading civill truth . ●irst demur . demur . p 6. case of con. p. 3.7 . ● pag. 2. the end of magistracy , subsevient to the end of our being . all justice or just things relate not essentially to the legall magistrate . of commutative justice vid. p. 26.35 . 1 cor. 6. of distributive justice . this present parliament is effectually a parliament . vid p. 18. necessity above formes of , government . the difference betwixt conquest & victory vid. p. 33. object . answer . the state of kingdoms as separated , and as mixt in themselves . of the ri●ht of war betwixt fundamentall parties . page 9. of the house of lords . of secluded members . the negative when prevalent in equall partnarship . whither the transactions of the legall number of the house be invaled , when any members are forct away ? of the present consent of the major part of the people . ob. answ. whither the present power be the suprem ? whither it be a parliament ? object . ans. the case of the kings comming to the house of commons not parallel . the case of the apprentices entring and forcing the house not parallel . the parl. votes against force , still observed & are the same still . vvhy actions of government must change . how wrong hath been fitted for a title . 〈…〉 bac. h. 7. ob. object . of toleration . ob. ans. the magistrate in a state , not as a father of a family . vvhy states cannot looke so strictly after vertue , as after publique quiet o● . ob. ans. of the ecclips suspention and extinction of supream powers . the union of people to a government not like a marriage . obj. ans. a king of england , why not as a husband to the people of england . ob. answ. of taking away the kings life . ob. ans. of obedience for wrath , and for conscience sake . tyrants in titles from whom . of our lawfull submission to a magistrate who rules by gods permissive will ob. ans. obedience necessary to lawfull and unlawfull powers how different . how we may have a right to take what another may not have aright to give . the difference betwixt privat title and publique . of possession . object . answer . of supream powers altering themselves by joynt concurrence . how seperatly ob. ans. demur p. 8. of non obedience . ob. ans. what time makes a form'd government . obj. ans. our condition different from israels betwixt david and absalom . obedience to false governours in the right or wrong government varies not the sin of obedience . wherein caesars case & the parl. disagree wherein cesars case & the parl. agree , as to justifie our obedience . obj. ans. in what sen●● the present submission 〈◊〉 legall . of the 〈◊〉 evidence of 〈◊〉 ri●●ts , to as to satisfie con●●●e●ce for actions of w●r u●on them . ob. ans. object . demn . p. 5. ans. obedience some times asserts not a title but power . they who obey a wrong authority r●bbe not the ri●h●● . obj. ans. of the recovery of dubious rights , and the benefit which people get by most warres . obj. answer . the case of the master of the ship thrown over board . ob. answ. whether we be actually in the unsettlement & deepes which he supposes ? when the whole body may be hazarded for a disperate remedy & when not . 1 joh. 3.17 . notes for div a57691e-4960 we are still obliged to many things of the covenant but not qua league or covenant . of promissory ●nd assertory oathes . vvhither a promissory oath , which alwaies involves a tacite condition , be lawfull . ob. ans. gen. 24.2.34 . of tacite conditions in oathes concerning things possible . the obligation of a pact , or promise with an oath , or without an oath , is all one 1 k●ngs 2 20. 21.22 . 1 sam. 25.22 jo. ● . 10 . gen. 24.2.3.4 argu. the covenant a politicall or state oath . the subordinate conditions of this oath . ob. ans. o● change of ●●●●●nment , 〈◊〉 the 〈◊〉 cause , or as an effect of ●●●hers for●●● breach of covenant can ●●●her way authorize us to 〈◊〉 against this government . the covenant obliges us not against the ●i●th commandement . page 15. the covena●● make 〈◊〉 eac● man a magistrate . obj. ans. num 30. how a superiour may free an inferiour from ●n oath even in that which belongs to god . the difference btewixt this our league and those of prince● for authorizing war the obligation of the covenant , how lesse then the obligation of a ●ra war how an unjust penalty for the meere breach of covenant . object . ans. of the obligation of such a promise as may be fulfill'd solely by the promiser . ob. answ. of the obligation for preserving the kings person by covenant . how the words of preservation in covenant , provided more for the kings suffering , then the words of punishment provided for delinquents sufferings . ob. ans. how 〈◊〉 that the excluding member , ought to be brought by 〈◊〉 before the excluded . ob. ans. the coveant relates onely to a time of u●nion , with and under the magistrate . how the league of nationall union came to be ended of bringing those who would divide us to condigne punishment . the meaning of our utmost endeavours , and of all the dayes of our lives in the covenant . the covenant how more then broke by the scots hostility . obj. ans. whither the nationall breaking of one part of the covenant put an end to the whole . ob. ans. the covenant ( of all oathes ) interprets itselfe least , especially in the positive government , which it would establish , and in religion . though the covenant were in force , yet a change of government might be consistent with it . how the covenant necessarily points at some change of government . scotch presbytery fit for any government but the kingly . the judgement ●● experience of mary queen of scotland . of king iames . of king charles vid. scotch declaration , 27 july 1649. p. 14. of the prince . vid. decla . p. 8.10 . scotch proceed , at the hague with the prince , p. 14.15 the supream power in scotland in whom . how the scots state the supremacy of england in scotland . how the scotch presbyterians & ours oppose one another . two supremacies in the same place , how in●●●sistent . whether atrue title doth ( according to covenant ) authorize obedience the king of ● scotlands present case , & the actual change of government there by their interpretation of the covenant against kings . page 18. page 22. the interpretation of the kirke is not recommendatory to the state the conclusion certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath, entituled, a solemn league and covenant for reformation &c. as also the insufficiency of the arguments used in the exhortation for taking the said covenant. published by command. this text is an enriched version of the tcp digital transcription a31491 of text r1967 in the english short title catalog (wing c1700a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for 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(eebo-tcp ; phase 1, no. a31491) transcribed from: (early english books online ; image set 112843) images scanned from microfilm: (thomason tracts ; 8:e43[5]) certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath, entituled, a solemn league and covenant for reformation &c. as also the insufficiency of the arguments used in the exhortation for taking the said covenant. published by command. barwick, john, 1612-1664. [2], 49, [1] p. printed by leonard lichfield printer to the university, oxford [i.e. london] : 1644. by john barwick, with the assistance of william lacey, isaac barrow, seth ward, edmund balders, william quarles, and peter gunning. the imprint is false; printed in london (madan). annotation on thomason copy: "said to be written by the universitie of cambridge"; "aprill 17th". reproduction of the original in the british library. eng solemn league and covenant (1643). -early works to 1800. covenanters -early works to 1800. great britain -politics and government -1642-1649 -early works to 1800. a31491 r1967 (wing c1700a). civilwar no certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath, entituled, a solemn league and covena lacey, william 1644 24704 19 135 0 0 0 0 62 d the rate of 62 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-07 aptara keyed and coded from proquest page images 2001-08 tcp staff (michigan) sampled and proofread 2001-09 tcp staff (michigan) text and markup reviewed and edited 2001-11 pfs batch review (qc) and xml conversion certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath , entituled , a solemn league and covenant for reformation &c. as also the insufficiency of the arguments used in the exhortation for taking the said covenant . published by command . oxford , printed by leonard lichfield printer to the university . 1644. certain disquisitions and considerations representing to the conscience the unlawfulnesse of the oath , entituled , a solemn league and covenant for reformation , &c. 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 kingdom of our lord and saviour iesus christ , the honour and happinesse of the kings majesty , and his posterity , and the true publique liberty , safety and peace of the kingdoms , wherein every ones private condition is included , and calling to mind the treacherous and bloody plots , conspiracies , attempts , and practices of the enemies of god against the true religion , and professours 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 kingdome 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 publique 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 solemn league and covenant , wherein we all subscribe , and each one of us for himself , with our hands lifted up to the most high god , doe swear : seeing it hath pleased the composers of this covenant to set it forth with an introduction , which containes that which ( it seems ) prevailed with them , and they expect should work upon the three kingdomes to take the following covenant ; it will be behoofefull in the first place to reduce the conscience to a cleare and strict examination upon the contents of this introduction ; and then if it shall find that all things therein be true , and withall sufficient to that end for which they were premised , ( viz. to inferre a necessity of swearing to all things contained in the following articles ) the conscience will be directed to follow that dictate : but if it fail in either of those , we must betake our selves to other considerations to be guided by . we will therefore sincerely propound the contents of the preface , as neer as may be according to its method , joyning together matters of the same kind : and then we shall find the discourse of the preface to be resolved into these principles . 1. the glory of god , the advancement of the kingdome of iesus christ , the honour and happinesse of the king &c. are to be aimed at and endeavoured . 2. especially when they are endangered . 3. the meanes therefore necessary towards those ends are to be used , which are either supplication , remonstrance &c. or making warre . 4. the former are first to be used , but if they faile , then the latter . these are the universall maximes , whereon ( by application to the present condition ) the taking of the covenant is enforced : the three first then being granted , they subsume , that having used the former , and failing of successe , we are all necessitated to use the latter , viz. to swear to joyn with the scots in armes , which is the generall , and to those particulars after mentioned in the articles . that such joyning in armes is the generall end of the covenant , will appeare by comparing the sixt article of the covenant for mutuall assistance and defence of one another , with the 14 article of the instructions , wherein the imposers of this oath appoint to be read ( publiquely at the time when the covenant is read ) the declaration of the kingdomes of england and scotland joyned in armes for the vindication , &c. in which declaration , the taking this covenant is made one of the grounds both of their confidence ( as they say ) that this warre wherein they are so deeply engaged is of god , and of their resolution ( which they professe ) with courage and constancy unto the end to doe their part . whosoever therefore is not perswaded in his conscience , either that all these meanes mentioned , and all other such like have been used , and have been rejected ; or upon supposition that they had , yet doubts of the consequence ( viz. that such an army may be leavied , and such a warre managed ) cannot without deadly sinne ( though disengaged from oaths for any of the following particulars ) upon the former principles take this covenant . but not to insist hereon , we will briefly run over the severall places of the preface , and consider the naturall intimations from them ; onely supposing for example , the end of this covenant to be the assistance , or at least , consent in this present joyning in armes , applying it to men of the church of england . i , a. b. living under the king . ] this cannot reasonably be a motive to warre , but obedience to him ; nor a motive to enter into a publique league , oath and covenant not prescribed by law , without him , much lesse against his expresse proclamation ; forasmuch as an oath for confirmation ( either assertory or promissory ) is to men for an end of all strife : and a publique oath propounded to a nation or nations , is for the ending of publique strife and divisions : and of any publique strife of a nation or nations , under one king ( properly so called ) the king is the supreame iudge in all causes , as well ecclesiasticall as civill ( as is evident by the law of god , 1 pet. 2. and to us moreover by the law of the land , 24 h. 8. c. 12. by the doctrine of the church of england art. 37. the book of homilies , and establish●d oaths of allegiance and supremacy . ) and therefore such an oath and covenant may not be entered into without and against the allowance of the king , who is the supream judge even in the supream judicatory it selfe . being of the reformed religion ] established in the church of england , the very marke and character of which , as differenced from popery and other sects , hath been chiefly , that it hath alwaies maintained , that it is not lawfull in any case ( not in the danger of their religion ) for subjects to take up armes against their lawfull soveraign . having before my eyes the glory of god , and the advancement of the kingdome of iesus christ . ] here the consideration of the mind requisite towards the judgement of conscience will be this ; whether by this warre , considered with its circumstances , the glory of god , &c. is more apt to be advanced then by peace : wherein , although reason might easily conclude , yet it will be much more certainly guided , if we shal examine those precepts which christ and his apostles have laid down , towards the accomplishment of those ends here proposed , and try whether they doe suggest or intimate any thing towards such a warre ; if they doe not ( or if the contrary ) the conscience having before its eyes the glory of god , &c. will not be induced to take this course for the advancement of it . for the rectification of conscience in this case , it will be requisite to consider this warre to which we are enjoyned to contribute , by whom and against whom it is undertaken : where , if the conscience finde it to be unlawfull in the undertaking , it cannot lawfully consent or assist , viz. if it be no waies lawfull for such as we are moved to joyne with , to take up armes against such as we should be sworne to oppose ; if it might possibly be lawfull in the first undertaking , it could no otherwise be but as it should be a necessary meanes to procure a just peace ; and the determination of conscience in this case will depend upon the consideration of the conjunctures of things at the undertaking , and all the time of the continuance of this warre : and if peace with truth might have been , or may be established without it , ( much more if this means shall be found opposite ) the conscience cannot without sin assent to this warre : here the mind is to examine the severall propositions , motions , overtures , &c. which have been and are made by both parties , and according to them to judge . the happinesse and honour of the king and his posterity . ] here we are to consider , whether , or what this action of ours will contribute towards the honour and happinesse of the king and his posterity . and because it is not easie to discover any foundation of such honour and happinesse &c. besides , that the managers of this party with whom they would have us to joyne , have never particularly declared the way how these ends shall be or are advanced by their warre ( although it is one of their most common expressions : ) the safest way ( at least the most naturall ) for the conscience is to raise a judgement of what is likely to ensue upon what hath preceded ( since these undertakings ) upon the same principles : where it is to consider , whether his honour or contumely have beene increased by and since these warres . and so for the happinesse of himselfe and his posterity , consider whether if these men be upon the same designe with those who gave him battell at edge-hill , newbery &c. what those designes made towards the happinesse of him , and his posterity . the true publike liberty , safety , and peace of the kingdome ] if the scots ( to whose assistance especially we are to be sworn ) should not hereby be able to conquer and prevail , what will our taking of the covenant advance the publike liberty and peace of the kingdom , according to the conceit of the enjoyners of the covenant ? if they should , consider how that can conduce to our liberty , unlesse thereby be meant freedom from our ancient laws , and from the setled happy government of church and state , whilst we may fear to be put under uncertain new ones ? secondly , safety , whether the danger of ruine doe not outweigh or equalize the hopes of safety . thirdly , peace , whether this be the onely , the likeliest , or indeed any probable meanes of procuring peace ? seeing there are but two wayes obvious by which this course should procure it , viz. victory , or reducing the king to yeeld to their desires . here the judgement of conscience will be grounded upon this , whether the king be no way but by force inclinable to a just peace ? wherein every ones private , &c. ] this is subordinate to the former immediately preceding . calling to minde the practices of the enemies of god against the true religion , &c. ] here we are to consider and reckon up , who and of what sorts are the enemies of the church of england , of which we are , and which is established by law , to which we have subscribed , and what party in this quarrell is openly professed for it , hath equally declared against all sorts of its enemies , and which is not ; and accordingly , &c. whereof the deploreable estate of ireland , &c. ] consider whether the true cause of this is to be referred ( both in the rise and progresse of it ) to the king , or the malice of the papists stirred up by those who ( they say ) had declared an intention of their utter extirpation ? and secondly , where afterward the impediment of succour to those of our religion lay ? the distressed estate of england ] whether that profession which is established by law , be distressed by the king or by sectaries ? the dangerous estate of scotland ] wherein was their danger after all things were setled with them and who brought them into that danger ? that party which we should swear against , or themselves ? after other meanes of supplication , remonstrance , protestation , and suffering ] this which is here di●joyned from the rest of the motives , and cast into a parenthesis , is indeed made the onely foundation of this way of proceeding , and puts the onely case wherein such a way of covenanting , &c. can be imagined to be lawfull : so that if these meanes have not beene both before , and ever since the undertaking of this designe sincerely and effectually endeavoured ( by the intimation of this introduction it selfe ) this course is not warrantable ; and there are other principles of scripture and our religion which are to be examined if they have beene used such as inferre , that it is not lawfull in any case whatsoever to resist with arms the lawfull power by god set over us . now whether these means have been and are to used , it will best appear by considering who hath sent the messages for treaty towards peace , what hath been declared by both parties of certainty , and particularly touching religion , law , and proviso's for tender consciences ; and comparing together the severall remonstrances , protestations , and sufferings . though all hitherto had beene used and rejected , consider if the overture now lately made by the kings party , might not ( by the mercy of god ) be a meanes to produce peace &c. if the businesse be managed as it ought . and according to the results of these the conscience must conclude . for the preservation of our selves and our religion ] the religion wherein we are grounded and to which the clergy hath subscribed , in the religion of the church of england comprised in the liturgy , articles , book of ordination , and homilies of our church , confirmed by our 35. article : consider whether the covenant be a meanes ordered in reason to preserve these from ruine . according to the commondable practice , &c. ] if this kingdome have done so , that cannot resolve the conscience : but consider whether ever in the like case the like warre was commenced ; if any one had been propounded , the conscience would the more easily have determined ; but seeing there hath not , it must run over the chronicles . in the meane time in such cases as are found , it may anticipate instances to the contrary ( as in queen maries dayes and those of henry the 8. when there was more just reason in respect of religion , if there might be any , then now is alleaged ) and other arguments , such as the doctrine of the church of england ever since the reformation , and the like , to equipoize this which is asserted gratis ; and if after disquisition this be not found true , the conclusion of the conscience will be according to those premisses . according to the example of gods people , &c. ] this is of the same nature with the former warrant , and therefore the conscience upon this may proceed as upon that , seeing they have not set downe which of gods people in any age or place , upon the like causes have taken the like course ; till this be represented to the conscience , the safest way will be to examine what our saviour himself , and the apostles , and primitive christians ( who were assuredly gods people ) did hold and practice for doctrine and example in the like ( if there have ever been ) or a worse case them is proved or pretended . and if they have not resisted ( or held it lawfull ) their princes in the greatest persecutions and utmost danger of religion , and all that could be dear unto them , it may raise a conclusion , ( till some stronger reasons can be presented , or the errour of these be cleared and taken off ) what is to be done when we are required to assist a warlike entrance of subjects ( with all the other circumstances which attend this action of the scots ) made onely upon a beleeved charity of helping their neighbours . the summe of all is , that if all and every of the materials of this preface ( in as much as concernes the premisses ) were true , our consciences cannot assent to the consequence , that it is lawfull for us as subjects of the church england ( though we had not sworn or subscribed to some particulars , against which some of the articles are contrived ) to assist the scots , or consent to them in this warre , which assistance is the generall end of this covenant . secondly , there is not any one member which doth conclude any thing to our consciences to move us to take it , neither in the complication doe they conclude . thirdly , there is not any particular member of it which doth not either directly , or by considerations naturally suggested by them and altogether unforced , prevaile with us to the contrary . so that till every one of these obstacles and scruples be taken off , we cannot without violence to our consciences take this oath : 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 kingdoms , to the neerest 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 . in the first article are we to be sworne to endeavour the preservation of the doctrine , worship , and discipline of the church of scotland absolutely , or with this added as a restriction , against our common enemies ? by whom doe we not rightly conceive to be meant the common enemies to the churches of england , scotland , and ireland ? that those words , [ against our common enemies ] are to be taken restrictively it may be thought , because they otherwise should have been vainly added ; and that by common enemies those are meant , the necessity of the grammaticall sense implies ; there having preceded no other division , to which this community can referre , besides that of england , scotland and ireland , in the preface . so that the word our must referre to we in the beginning of the preface , whose onely distribution which can referre to common here , is that of the kingdoms of england , scotland and ireland . is not therefore the true sense of this part of the article this , viz. i will sincerely , really , constantly , through the grace of god , in my calling against those who are enemies ( for example ) both to the articles of the church of england , and those of scotland , both to our liturgy and their directory for worship , both to our church-government and to presbyteriall government , endeavour to preserve their articles , manner of worship and presbytery ? if thus it be , these things are to be considered ; if the imposers of this oath are assured in their conscience , that the doctrine , worship &c. of the church of scotland , can infallibly be proved out of the word of god , why would they have us sweare to endeavour ( in our calling of the ministery ) to preserve it with a restriction against some men onely , and not absolutely and indefinitely ? whether is this so free from the scandall of respect of persons , as an oath for the impartiall defence of truth doth require ? if they doubt it cannot be infallibly proved , how can our brethren of scotland , without spirituall tyranny , desire an oath to be imposed upon us ministers of the gospell of another church , to endeavour sincerely , really &c. in our calling ( viz. by preaching , disputing , or otherwise ) the preservation of it thus far ? secondly , how can we take an oath to endeavour the preservation of that doctrine which we neither know what it is ( as it now stands ) nor are told in any declaration or exhortation to us ? nor were bound to know or search ( no opportunity offering it self ? ) how then can this oath be by us taken in judgement ? or since we doubt thus , though in generall , how can it ( not being of faith ) be other then sinne ? whether are we not , if any thing shall be by us hereafter found in the doctrine of scotland contrary to sound doctrine , bound to endeavour by the second article to extirpate it , and by the first to preserve it ? as for their discipline and government , so much as we understand of it ( though otherwise we never interposed , yet being now called to give our consent to it , or reason to the contrary ) we professe it to be such as that we dare not binde our selves by oath to endeavour its preservation constantly and indefinitely , for all time to come , till it be evidenced unto us that it hath been in any time before untill this our last age . if it shall here be replyed , that we are required to endeavour the preservation of their doctrine , worship , discipline and government , onely against our common enemies , that is , of us of the churches of england , scotland , and ireland , and so the preservation of it onely so farre as we all agree ; this we cannot conceive to be the adequate sense of those words , especially according to the intention of the imposers . for it is clear ( as we have already touched ) that our common enemies are not onely they who are adversaries to us in that wherein we all three doe agree , but those also who in such things wherein we differ amongst our selves , are yet by opposing themselves to us all , our common enemies ; against whom therefore by this oath we should be bound to preserve to each that also wherein we differ amongst our selves . moreover , that that sense is neither the onely , nor the chief sense intended by the imposers , we have cause to think : because if so restrained , our brethren of scotland ( in favour of whom we conceive this part of the article to have been proposed ) would be no whit secured against the fears of innovations from england , if we were onely sworn to preserve unto them those things wherein we all agree at the entring this present league and covenant . thirdly , we desire to know why our brethren of scotland should desire it to be imposed upon us by oath to maintain the articles of their religion , so far forth as hath been said , since our mother the church of england never yet hath imposed upon us by oath to preserve her own known articles , but hath testified her moderation to all , in that she hath required subscription onely of all men which were admitted into holy orders , or ecclesiasticall benefice , or to degrees in the university ? and yet this was lately judged , since the sitting of this parliament , to be too harsh an imposition upon younger students at their admission to degrees , and the urging of it suspended . and we know not whether ever it was in use before this age , even in any not corrupted church , to command men to swear the maintaining the articles of their religion , much lesse their discipline and church government . as to the second thing in this first article to which we are to swear , how can any who are perswaded that there is nothing in the doctrine of the church of england , which is not consonant to the word of god , without vanity swear to endeavour the reformation of it according to the vvord of god ? especially since we have lately protested to defend that doctrine of the church of england ? and how can any who reverently beleeve this church to be in respect of her doctrine , worship , discipline , and government established by law , no lesse perfect then any of the reformed churches , swear to endeavour its reformation in all those , according to the example of the best reformed churches ? and here by the way we cannot but take notice that this part of the article is so framed , as if there were nothing in the doctrine &c. of the churches of england and ireland to be preserved , and nothing in theirs of scotland to be reformed . moreover , the best direction for conscience in examining what is here meant by reformation , will be to consider those instances wherein in the following articles is declared the reformation , and then if perswaded that there is any thing there exprest ( as instances of reformation ) which is not according to ( much more if against ) the word of god , how can we take this part of the oath , at least in the sense of the imposers ? as touching the third thing , an endeavour of uniformity &c. the considerations for direction of conscience will be the same with the second : for we are required to swear to endeavour an uniformity , and that in the reformation before mentioned , and after that reformation ; so that in whatsoever sense or kind the reformation by them mentioned , and after described , is not to be undertaken , in the same our endeavour for uniformity is not lawfull . lastly , in the taking of this first article , we should ( as we conceive ) make our selves guilty either of rash swearing , or of perjury ; and that from the necessary consequence of the complication of these two clauses , wherein first we should swear to preserve the reformed religion in the church of scotland , in doctrine , worship , discipline , and government against our common enemies . and secondly , to bring the churches of the three kingdoms , to the neerest conjunction and uniformity in those particulars among ourselves : if we endeavour in our callings ( but by prayer ) to alter any thing in the church of scotland , wherein our enemies are theirs also ( though therein we differ amongst our selves ) we commit perjury , because we swear to preserve it . to effect therefore the neerest uniformity in those particulars in the three kingdoms , we are sworn to endeavour to bring the other two kingdoms to the neerest conformity to the church of scotland . now how can we swear to regulate by a rule , and to reform by a form , which we fully know not , ( and much lesse know to be a fit rule or form ) without rash swearing ? sure we are , we cannot swear it in judgement , and for ought we know , not in righteousnesse . 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 , arch-deacons , and all other ecclesiasticall officers depending on that hierarchy ) superstition , heresie , schisme , prophanenesse , and whatsoever shall be found to be contrary to sound doctrine , and the power of godlinesse ; lest we partake in other men sins , and thereby be in danger to receive of their plagues , and that the lord may be one , and his name one in the three kingdoms . how can we swear to this part of the covenant , who doe believe that to endeavour the extirpation of church-government by bishops is an act utterly unlawfull for all severall places and callings ( and especially ours ) by the law of god and this land , and to swear it much more sinfull . and are we not here bidden to covenant and swear to endeavour the extirpation of church-government by bishops ? to us either the words are ambiguous , ( and to ambiguities we may not swear ) or rather ( for we are loath to charge the words with ambiguitie ) the grammatical sense ( according to which the oath is to be taken ) speaks so : for as to what we hear by some said , that onely our church-government in aggregato , by all those governours together in a collective sense taken formally , is to be endeavoured to be extirpated , and not each there mentioned : first , such interpretation given out is private onely , and not by the authority of the imposers ; and secondly , those words [ and all other , &c. ] do manifest that all the formerly mentioned particulars ( in the parenthesis ) are to be construed distributively , so farre forth as to the extirpation of them . to omit that the word prelacy there interpreted more properly agreeth to arch-bishops and bishops , then to the rest there mentioned , and a prelacy they would be without them , because preferred before presbyters : and if it no more were meant to ejure bishops then presbyters or deacons , since as well presbyters and deacons make up part of our church-government , as it now stands in aggregate , whether might this oath be taken , had they also been included ? lastly , is not their practise for whose satisfaction this covenant should be taken a ( added to the common sense of mankind in the like manner of speaking or understanding such speeches ) evidence enough to us that we cannot take this oath and covenant , unlesse we will swear to endeavour the extirpation of church-government by bishops . if this be so , we desire to know , first , whether it be lawfull for subjects to swear such a covenant as directly contradicts the oath of their soveraigne at his coronation , as this second branch of the covenant doth , binding us to endeavour the extirpation of the government of our church by bishops ? for that our soveraign hath taken as contradictory oath is evidently manifest by the last clause of the oath which the kings of england take at their coronation : when after many other gracious promises wch the king makes to his people , one of the bishops reading to the king before the people concerning the canonicall priviledges of the church , and beseeching him that he would be the protectour and defender of the bishops & the churches under their government , the king answereth in these words [ with a willing and devout heart i promise and grant my pardon , and that i will preserve and maintain to you and the churches committed to your charge , all canonicall priviledges , and due law and iustice , and that i will be your pretectour and defender , to my power , by the assistance of god , as every good king in his kingdom in right ought to protect and defend the bishops , and churches under their government . ] then the king ariseth , and at the communion table makes a solemn oath in the presence of the people , to observe the premisses , and laying his hand upon the book saith [ the things which i have before promised , i shall perform and keep , so help me god , and the contents of this book . ] how can this oath then for the extirpation of church-government by bishops be consistent with the oath or honour of our soveraign , which we have so solemnly protested to defend in the late protestation ? how can we with a solemn oath enter into such a covenant to which we may neither swear without our soveraigns consent , nor yet can lawfully desire nor have his consent ? how sad were our condition , were the king willing of himselfe to violate this oath ? but what should we have to answer , should we by taking such a covenant , this way necessitate ( so far as in us lies ) his sacred majesty to violate his oath so solemnly sworn at his inauguration ? secondly , that to endeavour the extirpation of church-government by bishops , is a sin against divine law , all those arguments and authorities convince , which prove that bishops are of apostolicall institution , and unalterable , and consequently divine ; which we shall unfold in these propositions : first , that their institution stands grounded upon our saviours own action and institution of the apostles . secondly , that christ and his holy spirit , by his apostles appointed bishops . thirdly , that christ the sonne of god , and the holy ghost afterward confirmed and approved bishops , and their commission and power which the apostles had appointed . for the first , we say their institution is grounded upon our lords own instituting and ordaining twelve apostles , above seventy disciples ; who saith to these his apostles , as my father hath sent me , even so send i you . a st. joh. 20. 21. as in other ends of his mission so how not in this , which we know they did according to his pattern ? as he was sent by his father therefore to ordain one order of teachers of the gospell superiour to another , ( which we know , because he did so ordain . ) so also sent he his apostles to ordain ( which accordingly they did , and whatsoever they did by christs example therein , they did by his commission here given ) in an imparity , bishops succeeding the apostles above presbyters subordinate , as the seventy a . that bishops succeeded the apostles in the ordinary part of their function , as it is the judgement of the most ancient godly fathers , b that bishops , we say as contradistinct to presbyters were the successours of the apostles ; so is it manifest from scripture , since power episcopall , ( as it is now taken in this dispute ) which we shall prove to have been given by the apostles to bishops , and to them onely after the apostles , was undeniably in the apostles , and for a while held in their own hands without communicating it to others . that the bishops were afterwards instituted by the apostles themselves , which so many ancient authous have averred . c and namely by the apostolicall authority of st. paul , and their institution , part of holy scripture is made good , in that the power and office of a bishop ( as the word is now taken in the ecclesiasticall notion ) is prescribed in the three epistles of st. paul , to those two famous church-governours timothy and titus , particularly the office and power of a bishop ( as it is now taken contradistinctly to the office of a presbyter ) in these texts , 1 tim. 1. 3. 1 tim. 5. 19 , 20 , 21 , 22. 2. tim. 1. 6. tit. 1. 5 , 11. tit. 3. 9. 10 : ( and some others ) and these texts thus interpreted by antiquity d . and as the office prescribed there is episcopall , so these two appointed to this prescribed office of a bishop by st. paul himselfe , 1 tim. 1. 3. 2 tim. 1. 6. tit. 1. 5. yea by the holy ghost , say chrysost. theophyl , oecumenius : by divine revelation saith theodoret of timothy . and that these two were bishops according to the ecclesiasticall notion of the word now used , ancient fathers plentifully witnesse . b moreover this superiority to office episcopall to have been fixed and continued to the day of death is evident , as from church-history , so also from 1 tim. 6. 14. where {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is the same with {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in the beginning of the epistle 1 tim. 1. 18. and includes in it the whole charge given by st. paul to timothy in this epistle . c from which text also it is manifested , that his office prescribed was not personall onely , but to descend by succession unto the comming of christ d thirdly , this office and power episcopall , that it was afterward approved and confirmed by the sonne of god himselfe immediately , and by the holy ghost , will be proved from revel. c. 1. & . 2. & 3. where by the seven stars , the angels of the seven churches , according to all reason , from the text it selfe , and by the testimony of antiquity e are seven bishops of those seven churches understood ( which ecclesiasticall story mentions to have been in the church long before this time ) as so many angels and apostles f of the churches ; such as was polycarp , the angell , the bishop of the church of smyrna , made bishop of that place by the apostles themselves thirteen yeers before this book of the revelation of st. john was written : and onesimus probably the then bishop , the angell of the church of ephesus . their office , power , and commission are there intimated to have been episcopall , and charged upon them by christ , in that five of the angels are charged as blameable , and accomptable for the faults of both presbyters and people ; and therefore surely were trusted with authority over presbyters and people , to have corrected and censured them . particularly , episcopall power is intimated there , chap. 2. of the revel. vers. 20. and that power of excommunication is sufficiently grounded on the 14 verse , mr. perkins in locum , affirmeth . their mission to that office also , as it is there confirmed by the sonne of god , and by the holy spirit : so also , to have been at first from god is in their title implied : for angels sent forth for the churches sake are never said in holy scripture to be any's messengers but gods ; and if his messengers or angels , then sent by him . that their superiority was fixed , not weekly , or annuall , is clear , as from the ecclesiasticall history of polycarp , and onesimus , so also from the text it self , c. 2. 10. where the angell of the church of smyrna , as angell of the church , is bidden to be faithfull ( in his office surely ) untill death b . nor was it personall onely but describing the office of the angell of any church ( in like laudable or blame-worthy state ) unto the comming of christ ( as it is implied v. 24. & 25. of the second chapter . ) for what is said to them , so long as there is any that hath an eare to hear , he must hear , c. 2. v. 3. nor did the personall blameworthy carriage of the angell of the church of sardis , c. 3. v. 1 , &c. or of the angell of the church of the laodiceans , v. 14. 16. hinder christs approbation of their office , who are in regard of their office ( not of their personall excellency ) stiled the angels of the seven churches , and the stars in the right hand of the son of man : both which stiles that they are there singularly appropriated to these successours of the apostles , ought not to seem strange , since the twelve apostles are confessedly meant by the crown of twelve stars , apoc. 12. 1. and st paul the apostle of us gentiles , speaks of himself received as an angell of god , galat. 4. 14. summarily therefore out of holy scriptures thus we reason , many presbyters and preachers in one church , and one chief , having eminency and power over all presbyters and people therein , proveth the office of a bishop ; but so holy scripture witnesseth were in ephesus , many presbyters , act. 20. 17. ( or if they were bishops in the sense now disputed , some of them at least , as irenaeus thought , l. 3. c. 14. we need go no further in the argument ) and more afterwards surely , and yet one chiefe pastor or bishop over all , such as was timothy in his time , and the angel of that church ( whosoever he was ) mentioned rev. 2. 1. so also in the church of pergamus , there were divers teachers , true and false , c. 2. v. 13 , 15. one angel governour in chief , v. 1. for be it that all the presbyters of each of the churches might well have been called angels c , yet that one among them ( in each church ) in such a compatible community of name is so called by way of eminency , proves an eminency in the one so called : which must either be of personall excellency above all the rest ( and this who can shew us in the angel of the church of sardis , laodicea , or thyatira ? ) or else ( and rather ) of office and power , so as iohn baptist was called an angel , malac : 3. who was more then a prophet ; and st. paul received as an angell , gal. 4. 14. who was more then a minister , and our saviour christ is called michael , apoc. 12. 7. with his angels fighting under him . one objection more we shall take notice of , viz. the pretended necessity of understanding by each of the angels there a collective body , from c. 2. v. 10. & 24. but this is manifestly clear to be no necessity at all from the like manner of speaking of the holy ghost 2 chron. 28. 1. & to the 5. compare and judge . and therefore it is not lawfull without any necessary reason , to depart from the literall and determinate individuation of one chief spirituall church-governour , in each of the seven churches : for otherwise , as tertullian speaks lib. de carne christi , cap. 13. omnia periclitabuntur alitèr accipi quàm sunt , & amittere quod sunt , dum alitèr accipiuntur . yea there is not onely no necessity , but much in the text which doth resist such an interpretation of a collective body : for it should be either an angel put for the whole particular church ; and this cannot be , seeing the angels and the churches are accurately distinguished c. 1. v. 20. or an angel put for the whole collection of the presbyters ; but neither may this be admitted , inasmuch as in the same 20 verse the angels are called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} seven , no more ; and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} stars , not constellations , as suidas distinguisheth the words . you have our reasons from these scriptures , why to us it seems that to swear to endeavour the extirpation of church-government by bishops is to swear to endeavour the extirpation of that whose root is in holy scripture ; and to swear to endeavour ( which we tremble to think of ) to wrest these stars out of the right hand of the sonne of man , who is also the son of god . for in his right hand are they held , the angels of the churches , revel. 1. 16 , 20. as church-government by bishops hath been evidenced by holy scripture , so was it also the judgement of the ancient godly fathers , that it was an institution apostolicall and divine ; {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} saith theodoret , l. 4. c. 18. by st. cyprian , ep. 55. the power of episcopacy is exegetically called , ecclesiae gubernande sublimis & divina potestas : & epist. 27. dominus noster episcopi honorem disponens in evangelic . and anon after , ut omnis actus ecclesiae per episcopos gubernetur : cum hoc itaque divina lege fundatum sit , miror quosdam audaci temeritate &c. & epist. 65. episcopos & praepositos dominus elegit : and anon after , deus episcopos facit . athanasius epist. ad dracontium saith , that he who contemns the function of a bishop , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} and that the office is of those things {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : ignat. epist. ad magnes . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} idem ignat , epist , ad ephes. oecumen. c. 9. in tim. 4. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} theophylact. and oecumenius found bishops upon ephes. 4.11 . and on hebr. 13.17 . oecumenius and nazianzen in apologet . in 1 pet. 5. vide hegesippum apud euseb. lib. 4. cap. 22. and chrysostom . in tit. 1. hom. 2. saint ambrose de dignitate sacerdot . c. 2. & 6. isidor . pelusiot . lib. 2. ep. 125. further , out of the holy scripture we might alledge according to saint hieroms interpretation , that this distinction between the bishops and his presbyters was signified in moses and the 70. so hierom in tit. 1. the distinction of presbyters and deacons , to be that which was under the law of the high priest , priests and levites . so s. hieron. ep. 2. ad nepotianum & ep. ad evagrium ; and before him ignat. ad philadelph . clement . ep. ad . corinth . chrysost. hom. 20. ad pop. antioch . and after leo ep. 66 isidor . hisp. de officiis , eccles. l. 2. c. 5. & 7. that the eminent dignity and office of bishops was prophecied of , psal. 45. 16. where bishops are meant , say s. august . in loc. comment. called s. hieroms in locum . s. cyril . of alex. in loc. theodoret in locum . ruffinus in locum : as the other of presbyters and deacons were prophecied of , isaiah 66. 21. and further , for imparity of teachers in the new testament , that answerably to prophets in the old , and sons of the prophets , among some that served in the gospell , some were as fathers , others serving with them as sont . so also that we read of builders and master-builders in gods building , 1 cor. 3. and we read also among those builders of {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. 1 cor. 12. 28. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} hebr. 13. 17. and under them {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} luc. 22. 27. but for the confirmation by scripture of the office of a bishop , we adhere especially to the epistles to timothy and titus , and those seven epistles , apoc. 1 , 2 , and 3. and if it be acknowledged of institution apostolicall , and approved by god but temporary onely , the contrary will be made manifest , as from the proper light of the texts alledged , and from the forecited text , 1 tim. 6. 14. so also from this proposition which we avow : no constitution apostolicall received by the universall church perpetually in all ages , unto this age of this controversie , can without scandall and dangerous consequence be called temporary ; the universall practice of the church practising continually and perpetually an apostolicall institution , being a most sure commentary that it was no temporary institution . forasmuch as we are taught by the holy ghost in divine scripture , that contention in what the law of god is pretended not to be expresse , may be warrantably taken off by the custome of the churches of god , 1 cor. 11. 16. see theophylact. in locum . custom , i doe not say any , but of the churches of god , i.e. primitive , also universall , perpetuall , interpreting the controverted law of god , whether naturall , as vers. 14. or positive , by no lesse reason . whereunto agreeth well the rule of s. augustine , contra crescon. lib. 1. c. 32. & contra donat. l. 4. c. 24. quod universa tenet ecclesia &c. & ep . 86. ad casul . & epist. ad januarium 118. si quidtota hodie &c. & vincent lyrin . adversus haereses , c. 2. &c. 3. quod ubique , quod semper , quod ab omnibus &c. and if not by such traditive interpretation from the custom of the churches of god , according to the apostles rule , how shall we convince contentious gainsayers , that the sense of those texts , goe and teach all nations , baptizing them &c. matth. 28. and those other of baptizing the houshold of stephanus , and of the keeper of the prison , 1 cor. 1. acts 16. or any other scriptures , to be a divine warrant ( as they are ) for baptisme of infants ? or the sense of hoc facite &c. luk. 22. to imply a divine right of presbyters onely to consecrate the elements of the blessed sacrament ? or the sense of those texts , iohn 20. 1 , 19 , 26. acts 20. 7. 1. cor. 16. 2. revel. 1. 10. or psalm 118. 24. or of any other scriptures to be a divine warrant for the translation of our one day in seven from the seventh day of the week to the first ? or on the other side , how shall we convince those of the church of rome , that that apostolicall divine precept , iames 5.14 . as to the anointing the sick with oil was a temporary precept onely , but negatively from the interpretation of the custom of the churches of god ? since miraculous gifts were also conferred by the laying on of hands , which yet was not temporary , heb. 6 2. now that this apostolicall institution hath been universally practised , and perpetually in the custom of the churches of god of all times and places ( excepting onely some narrow place and time of this age of this controversie ) and that in churches founded by different planters , by all the severall apostles and others sent by them , as well those churches which have in severall ages rejected the antichristian monarchy of the bishop of rome over all the church , as others ; and that order preserved by god from extirpation , thorow all the ten persecutions , and descending in each church or city by particular continued succession : as for example , 27 bishops from s. timothy to the time of the chalcedon councell , as was declared there , act . 11. that in all times , primitive and following , bishops have been chief in ecclesiasticall government , in councels , in martyrdom , in piety , in learning , in the conversion of nations , in the mighty confounding of heresies and heretiques ; we beleeve we are able ( if any deny ) to make good . and first here for the primitive churches , we alledge all the forecited testmonies of antiquity , proving bishop to have been instituted by the apostles themselves , vide supra . yea and early , within the apostles times there having been not onely three bishops of rome successively , linus , cletus , and clemens : and within saint johns time of life , four bishops of alexandria successively , saint mark , anianus , abilius , and cerdo ; three bishops of antioch , saint peter , evodius , and ignatius ; two of jerusalem , saint iames and simeon ; all while saint john the apostle yet lived , euseb , hist eccles. lib. 3. cap. 12. but also saint iames made bishop of ierusalem soon after the passion of our lord , saith saint hierom. de script . eccles. after the ascension of our saviour , saith euseb. lib. 2. cap. 1. before saint stevens martyrdom , for saint steven was deacon to iames bishop of ierusalem , saith ignatius epist. ad trall . and the ancient author of the epist. ad heronem under his name ; and that james himself was martyred after he had governed the church of ierusalem 30. yeers , saith saint hierom. de script . eccles. and as saint hierom affirmeth , iames the apostle to have been the first bishop of ierusalem , in gal. 1. so also peter to have been the first bishop of antioch , in gal. 2. and mark the first bishop of alexandria , in prooem. in matth. who died six yeers before saint peter or s. paul ( saith saint hierom. though therein he dissent from irenaeus lib. 3. ) 35. yeeres before saint iames the apostle ; besides therefore nine recorded as bishops in holy scripture , timothy and titus bishops of ephesus and crete , and the seven of the seven churches in asia ; besides two apostles bishops , viz. iames of ierusalem , and a peter of antioch , b and one evangelist , mark of alexandria c : there are also nine other ( in all 21. ) recorded in holy scripture ( all which , except two of the seven angels , are there registred for saints ) who ( if we will beleeve as credible records of christians as any other humane records whatsoever ) were bishops before they died , viz. clemens d and e linus made bishops of rome successively by peter and paul . evodius f bishop of antioch by peter and paul . dionysius the areopagite bishop of athens g : archippus h bishop of the colossians : epaphroditus i bishop of the philippians : epaphras k bishop of the colossians : gaius l also bishop of the thessalonians : trophimus m bishop of arles : to which you may adde ( the two and twentieth ) antipas bishop of pergamus , if we will beleeve paraeus in apoc. 2. proving it out of arethas caesariensis , in apoc. 1. and onesimus bishop of ephesus , n if he were not the forementioned angel of the church of ephesus , when saint iohn wrote his revelation . to omit to speak here of other bishops , who were schollars and auditors of the apostles , ignatius of saint iohn o made bishop of antioch by saint peter ; papias p saint iohns schollar , bishop of hierapolis ; publius and q●adratus q bishops of athens , disciples of the apostles ; simeon the son of cleoph●● r bishop of ierusalem ( after iames ) and the kinsman of our lord . this order of bishops which began ( though the first we read of in scripture be timothy and titus ) in saint iames of ierusalem , or saint mark of alexandria , continued thorowout all the following ages of the churches of god , in which bishops have been the most reverend martyrs , such as ignatius , polycarp . irenaeus bishop of lions , cyprian of carthage , and more then 30. of the first bishops of rome successively both in episcopacy and martyrdom . of bishops also especially did consist the first four generall councels , received by all the reformed churches , the confounders of the maine heresies touching the second and third persons in the blessed trinity ; and by an act of parliament , 1. eliz. cap. 10. next to the canonicall scriptures , made the rule of judging heresies : who also in councell gave judgement for the inviolable practice of the church in this order : the generall councell of nice providing , ne in unâ civitate duo sint episcopi , cant. 8. the generall councell of constantinople adjudging to bishops the power of ordination , can. 2. and can. 4. in the case of maximus . the generall councell of ephesus distinguishing betwixt the bishop and the rest of the clergy . can. 7. and confirming the bishops jurisdiction , can. 5. the generall councell of chalcedon determining , can. 29. {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} for as much then , as in the first article we are required to swear to endeavour the reformation of religion according to the word of god , and the examples of the best reformed churches , surely we may not in the second article swear to endeavour the extirpation of church-government by bishops , and so to forsake the government grounded on the word of god , and to forsake the example of all the ages of the primitive churches , then which we conceive no late reformed church will pretend to be more pure , and to whose examples they do or ought to endeavour to reform themselves . but after all this , it will be said , that this government by bishops is ejured onely , as it interprets prelacy , which word if it have been translated regimen tyranicum , the translation as farre exceeds the truth of grammar , as the prelates are accused to have exceeded their lawfull power ; forasmuch as prelacy in its originall , and acception of ancient authors ( praelati we say , not elati ) imports but lawfull preeminence and power . so is timothy called by gregory de cura pastor : p. 2. c. 11. praelatus gregi ; and the word prelate is often honourably mentioned in our lawes , 9 ed. 2. & 24 hen. 8. and is no more then the title praepositi mentioned also with honour by st. cyprian epist. 10. & 55. & 65. augustin . de civitate dei , l. 20. c. 9. or antistites , s. cypr. ep. 69. & sancti antistites , s. august . ep. 162. and divers words in scripture used , signifying equivalently such preeminence , but let it not be told indeed in other churches , that any other is here abjured then regimen tyrannicum . but are we warranted by the following stile of hierarchy ? doth that word import originally and anciently any other then a sacred government ? was it not accepted and approved in it selfe by mr. calvin . lib. de necessitate eccl. reformandae , talem si nobis hierarchiam exhibeant in quâ sic emineant episcopi , ut christo subesse non recusent , &c. ut ab illo tanquam uno capite pendeant , & ad ipsum referantur , &c. tum verò nullo non anathemate dignos fateor , qui non eam reverentèr summâque obedientiâ observent . moreover , how can we in the same article abjure church-government by bishops , with heresie , schisme , and prophanenesse , ( as there it follows ) yea prelacy even before schisme and heresie , &c. when as bishops have been in all ages the chief confounders of heresie and heretickes , such was athanasius bishop of alexandria of the heresie of arrius . cyril of alexandria of the nestorian heresie . caelestine bishop of rome , augustine bishop of hippo , prosper bishop of rhegium , fulgentius bishop of ruspi , of the palagian heresie : and many more in all ages of the church before and since . nor was there found any one christian , thorowout all the primitive and purest times of the church , for above five hundred yeers after christ , who thought it fit to abolish church government by bishops ( much lesse to ej●re it ) save onely one heretick , aerius , so censured by epiphanius , haeres . 75. and by saint augustine , haeres . 53. whose speech savoured of madnesse , saith epiphanius ; for he had said , what is a bishop differing from a presbyter ? a and the occasion of it saint augustine lets us know , lib. de haeres . c. in aerium ; aerius being a presbyter , is said to have been vexed , because he could not get to be ordained a bishop , and thence arose his envy : epiphanius witnesseth as much , haeres . 75. secondly , as to schism , saint hierom the one and onely father alledged , as denying the divine institution of bishops , yet held them necessary to represse schism , and then surely most necessary , when schism doth , as in these our dayes , most abound : for avoiding of schism , saint hierom witnesseth , episcopacy was thought necessary long within the apostles times , even as early as it was said by some , i am of paul , i am of apollo &c. and therefore saith in his dialogue , adversus luciferian . ecclesiae salus in summi sacerdotis dignitate pendet , cui si non exors quaedam , & ab omnibus eminens detur potestas , tot in ecclesiis efficientur schismata , quot sacerdotes . s. cyprian also epist. 55. non aliunde haereses obortae sunt , aut nata sunt schismata , quam &c. and so also lib. 4. epist. 9. unde enim schismata & haereses obortae sunt & oriuntur , nisi dum episcopus qui unus est praesumptione contemnitur ? &c. master calvin also himself upon philipp . 1. 1. fateor quidem ut sunt hominum ingenia & mores , non posse ordinem stare inter verbi ministros , quin reliquis praesit unus . so that we cannot apprehend the abjuration of episcopacy to be a meane to that unity in this article mentioned , that the lord may be one , and his name one amongst us , but rather the continuation thereof , according to the counsell of the holy martyr s. cyprian , unus deus , unus dominus , unus episcopus ; and that of ignatius ad magnes . b subjecti estote episcope & vobis mutuè , ut christus patri , ut inter vos divina quaedam sit unio . next , prophanenesse is here also to be cast out with episcopacy ; yet who may not fear gods judgements , if he deny the detestable growth of prophanenesse since the contempt of that apostolicall institution of episcopacy ? so that this article as to bishops extirpation we must refuse , upon that close upon which others take it , lest , as it is said , we should partake in others sin , and consequently in their plagues . thirdly , because neither can we swear to endeavour the extirpation of that part of this church-government by archbishops , an ecclesiasticall constitution , so confessedly ancient ; nor that part of this church-government by deanes and chapters , that is , a society of grave divines , of presbyters joyned to the bishop in his see of residence , as assistants in councell and government : as james bishop of ierusalem had his resident presbyters , acts 21. 18. and consulted with them , vers. 20. according also to the ancient generall and continued custom of the church of god ever since the first christian emperours time ; and moreover endowed with means given to them by the last wils and testaments of many ( which it is not lawfull for us to endeavour to annull , hebr. 9. 17. ) and by the gifts of many other donors , who had true propriety in their goods , and might and did transfer the undoubted property to those to be enjoyed by the right and liberty of the subject ; especially such endowments having been consecrated and devoted unto god for pious uses , and which may not therefore by us ( as we conceive ) be endeavoured to be alienated , prov. 20. 25. numb. 16. 38. and as to the exercises of piety , so also to the encouragement of the most excellent part of learning , the study of divinity and of holy scripture . we shall with the same sincerity , reality and constancy , in our severall vocations , endeavour with our estates and lives , mutually to preserve the rights and priviledges of the parliaments , and the liberties of the kingdoms , and to preserve and defend the kings majesties person and authority , in the preservation and defence of the true religion , and liberties of the kingdoms , that the world may beare witnesse with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majesties just power and greatnesse . because in the third article , whereas we are required , and that in the first place to binde our selves absolutely without limitation expressed , to preserve the rights and priviledges of parliaments , and the liberties of the kingdoms ; and were likewise tied simply and indefinitely to defend the kings person , state , and honour , by the oath of allegiance and the late protestation ; here when we are bidden to swear to defend his majesties person and authority , it is added [ in the preservation and defence of the true religion , and liberties of the kingdoms ] therefore this manner of swearing we dare not admit , till it be publikely declared by the imposers , that the meaning of those words is not ( as to some it may sound ) that i binde my selfe to preserve and defend his majesties person and authority so farre forth as he shall preserve and defend true religion and the liberties of the kingdoms : since by the holy scriptures of the old and new testament , by the law of nature and nations , by the oath of god , and by true religion , we are bound to endeavour the preservation and defence of his person and authority , though he were a persecutor of the true religion , and an abridger of our liberties , such as were saul and nero in their times . and surely a larger declaration of our endeavours simply to defend his person , is at this time necessary , when through the divisions of the kingdom his sacred majestie is so endangered ; and that his majesty hath often complained of affronts offered to his person ; and hath complained also , that some have endeavoured to kill his person in two set battails ; and that there is nothing more frequent in the minds and mouths of some shimei's , then that the king is popishly affected . a papist in his heart ; and therefore some furious zelot may not onely upon these surmises conclude himselfe exempted ( in case ) from the duty of preservation and defence of his royall person , but also mistake it as a debt to this covenant , even to offer violence to his sacred majestie . may not therefore some such fuller declaration and explication of our duty ( when we will by oath professe it ) seem necessary to the end here proposed , that the world may bear witnesse with our consciences of our loyalty ? we shall also with all faithfulnesse 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 kingdoms from another , or making any faction or parties amongst the people , contrary to this league and covenant , that they may be brought to publike triall , and receive condign punishment , as the degree of their offences shall require or deserve , or the supream indicatories of both kingdoms respectively , or others having power from them for that effect , shall judge convenient . whether are not all those to be accounted to us as malignants , &c. by hindring reformation of religion ( and consequently to be discovered that they may receive condign punishment ) whom we know to endeavour in their places and callings , the continuation of church-government by bishops , and the preservation of the whole frame of government ( as it now stands by the known laws of this kingdom established ) administred according to the right intent of those laws against all alteration , till it be by act of parliament ( enacted by his majesties personall consent , and both houses ) altered and changed ? secondly , we demand how far forth we are here to be sworn to endeavour the discovery of all that have been or shall be malignants &c. is the son hereby ingaged to betray his father , the wife her husband , the servant his master ? and to accuse them as malignants and evill instruments by hindring the reformation ? if so ; hath the law of god , of nature , or of the land ever commanded it ; except in the case of high treason ? where god enjoyned to the jews the discovery of those who should entice them to serve other gods ( a sin surely as detestable and hainous , as to be such as here are to be accounted malignants &c. by hindring the reformation of religion ) thus we read , deut. 13. 6. if thy brother the son of thy mother , or thy son , or thy daughter , or the wife of thy bosom , or thy friend which is as thine own soul , entice thee , &c. thou shalt not conceal him , but thy hand shall be first upon him to put him to death : where it may be observed , that all the persons there by god so particularly recounted in the text , not to be concealed , they are onely such as are in a collaterall equall degree , as the brother not to conceal his brother , the friend his friend ; or of some inferiority , as the husband his wife , the father his son : but there is expressed no such injunction , that the son was to reveal his father , or the wife her husband : so tender was the god of nature of the respects due to those by whom he hath bestowed upon us our being , life , and livelihood , or whom he hath made a head to others ; that he did not command inferiours should give in an accusation against such their superiours , even in crimes which the law judged should be punished with death . thirdly , whereas we have in the late protestation vowed to maintain the liberty of the subject , and also are required to bind our selves in this covenant to preserve the same ( if the liberties of the kingdoms include the liberty of the subject . ) yet contrary hereunto ( as we conceive ) we should bind our selves to endeavour that our fellow-subjects may be brought to punishment , either such as their offence shall deserve , or such as not onely the supream indicatories of both kingdoms , but any other also having power from them for that effect , shall judge convenient ; by which we should endeavour to put power ( arbitrary surely , since it is not restrained according to the lawes of our land ) in some other then the supream judicatory , viz. some deputed from them , who may judge it covenient ( if what they shall judge convenient may be their rule ) as well sometimes to exceed the letter of the law , made by the supream judicatory , as otherwhile to mitigate it : yea who may proceed against such malignants where the laws are wholy silent , and neither have given name to their fault , nor prescribed any punishment ? and whereas the happinesse of a blessed peace between these kingdoms , denied in former times to our progenitors , 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 . concerning the happy peace between these kingdoms lately concluded , we earnestly prayed and desired that it might have been continued , and pray that it may be renewed ; and are sorry heartily , that contrary to the pacification made by his majesty and both parliaments , and contrary to the solemn faith given , there is at this time a miserable war begun again between an army of that kingdom entring ours , ( without and against his majesties consent and declaration ) and the forces raised by his majesty , who ( we have heard ) hath much deprecated their entring in , alledging vehemently that their late solemn faith and pacification : so that shall it not be in us also protestatis contraria facto , to bind our selves in this article ( as willingly we would ) to endeavour the continuance of a firm peace and union , and in the next to assist and defend those who declare , that in pursuit of this covenant they now enter into this kingdom with an army ? which if we look to the late act of pacification , and may for our selves judge and discern what it is , since we are required to swear thereto , appears in its self an action as contrary thereto as war to peace . so that this covenant would bindus to endeavour that which it makes us to abjure . we shall also according to our places and callings in this common cause of religion , liberty , and peace of the kingdoms , 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 blessed union and conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferency 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 daies of our lives zealously and constantly continue therein , against all opposition , and promote the same according to our power , against all lets and impediments whatsoever ; and what we are not able our selves to suppresse or overcome , we shall reveal and make known , that it may be timely prevented or removed ; all which we shall do as in the sight of god . whereas we are in the sixt article required to covenant in this common cause of religion ( which is described in the first article , a reformation of religion in england and ireland ) that we wil assist and defend all those that enter into this league and covenant against all opposition , and that in the close it is implied , that we should endeavour to do what we are able to suppresse and overcome whatsoever opposition ; we conceive it to be against the whole current of the gospell of christ , the practise and doctrine of all primitive christians , whom the world hath ever esteemed for blessed saints and martyrs , and lastly repugnant to the doctrine of the best reformed churches , ( to which we here should swear to conform our selves ) to endeavour a reformation of religion by force of arms against the supream magistrat's consent . secondly , may we swear never to suffer our selves to be withdrawn by whatsoever perswasion from this league and covenant , since the reasons perswading us to it are in no wise demonstrative ? what if hereafter we shall see better reasons , and stronger motives to forsake it , then we have now to take it , or shall have then to keep it ? will not then our consciences better informed force us to break our oath ( an argument that we sinn'd in taking it ) or our oath bind us contrary to our consciences so informed , ( which is impossible ? ) what if ( as now the king , so ) future parliaments disallow this covenant , and oppose it , shall we then be obliged to continue therein , and to assist and defend all those that so continue against all opposition , though it shall be contradicted by the same authority by which it is now imposed upon us ? thirdly , where we are required to bind our selves never to make defection to the contrary part ; whether by the contrary part is not to be understood all that are against this covenant ? if so , will not these words following , [ against all opposition , against all lets and impediments whatsoever ] include his majesties opposition ? and then , as we have said , we are in the close impliedly supposed , that we will endeavour to do what we are able to suppresse and overcome any part whatsoever of the contrary part opposing it self ; which since it seems not to except his sacred majesty , how will this be consistent with the oaths of allegiance and supremacy , and the laws of the land , 5 h. 4. 25 edw. 3 ? secondly , how with the word of god , when we are taught by st. paul , rom. 13. that whosoever shall resist the higher powers , shall receive to himself damnation ? and in case of contrary conflicts of these higher powers among themselves , from the reason included in the object , the damnation will be ( without repentance ) to those that resist the highest : and among the higher powers , ( if st. peter may interpret st. paul ) the king is supream , and all other governours are sent by him , 1 pet. 2. 14. a for our selves therefore , if his majesty should use the sword committed to him unjustly , we must take up st. ambrose's words , conc. 1. contra auxentium , dolere potero , flere potero , potero gemere , adversus arma , milites , gothos quoque lachrymae miae arma sunt , talia sunt munimenta sacerdotis , aliter nec deb●o , nec possumresistere . fourthly , were there nothing in the law of god , or of this land forbidding us of the kingdom of england to enter a covenant of mutuall assistance and defence , without and against the allowance of the king , yet it would be unlawfull for us to joyn in this covenant , since we are required here not onely to joyn with one another , but with the scots also in a covenant of mutuall assistance and defence ; to whom , if by a law of their land all such covenants and leagues be forbidden as seditious , we , if we knowingly covenant to assist and defend them in such a league , contract to our selves the guilt of sedition . now to the scots ( in the second part of that act of parliament holden at linlithgow anno 1585. ) are forbidden all leagues or bonds of mutuall defence which are made without the privity and consent of the king , under the pain to be holden and execute as movers of sedition and unquietnesse . this we read objected by the divines of aberdeen , but could never yet see any satisfying answer made thereunto . fiftly , whether will not men think themselves bound by this part of the covenant , all the daies of their lives to continue so farre zealously united against the contrary part , as to reject all overtures of accomodation , and reconciliation ; till they be suppressed or overcome , and so our wounds become incurcable ? sixtly , this covenant ( as we conceive , under correction ) cannot be wisely taken by any man affected to this cause ; for should they not here swear never to yeeld themselves , though debelled , and unable to withstand the common enemy , viz. the forces raised by the king ? nor ever to lay down arms , or cease active resistance ? but if it should please god to give the foresaid contrary part power of conquest , and consequently ius victorie , should they not bind themselves by this covenant never to submit themselves to gods will and judgement against them ? and so exclude all christian patience and suffering in afflictions , and tie themselves ( though unable ) actively to resist , plot , disturb and overthrow all such who shall so have power over them hereafter , all such governours and governments , which it may please god ( as they must confesse for a punishment of their sins at least ) to place over them , which thing we conceive to be against the law of god , reason and nations . and because these kingdoms are guilty of many sins , &c. ] what the conclusion suggests we have also considered , and professe our selves ready to joyn with our brethren in the necessary humbling of our selves under the mighty hand of god , and in the confession of our sins , ( though in a publique set form & prescribed , such as we conceive this former part of the conclusion to be ) our purpose also , desire & endeavour , through the grace of god , to amend our lives ; and touching those words here mentioned [ in all duties we owe to god and man ] we professe and declare , that did we believe in our consciences , the above-written articles of the covenant not to be repugnant to our duties which we owe to god and man , ( in the particulars specified relating to his majesty and to the bishops of our churches , by god set over us , and otherwise ) we should gladly have gone along with our brethren therein . secondly , since this oath expresly professeth , what also all lawfull promisory oaths must include , that it is to be made in the presence of almighty god , the searcher of all hearts , with a true intention to perform the same , as we shall answer at the great day ; we trust our just refusall will , or ought to be better interpreted , even by the imposers themselves , then those mens detestable hypocrisie , who enter this league , and make this oath , with mentall reservation ; others as far as lawfully they may , and saving all former oaths ; yet others , as far as it is agreeable to gods word , or in their own sense , or according to the sense of the preacher , scandalizing thus our christian and reformed religion , with jesuiticall mentall reservations , reserving in their minds a sense contrary to their words ( which are instituted to signifie our minds ) and contrary to the mind of the imposers , ( even in the judgement of their own minds ) sufficiently signified in the words of the covenant : and indeed , mentem injuratam gerunt ; reserving this popery in thus swearing , while they swear to extirpate popery . we professe to know no other legitimate sensing of our oaths , but mens deferentis , a ( and that declared before the taking of the oath , not in a post-declaration ) and the grammaticall common sense of the words without limitation other then what is expressed ; according to the rule of st. augustin . juramentum debet esse pressum , & expressum : by thy words thou shalt be justified , and by thy words thou shalt be condemned . how also can any lawfully take an oath , the matter whereof he judgeth to be unlawfull , so far as lawfally he may ? be we not deceived , god is not mocked ; may we swear to lie , steal , or commit adultery so far as lawfully we may ? is it more sinfull to go about to do it , so far as lawfully we may , then so to swear it ? he that so swears , swears with judgement against his judgement , and to unrighteousnesse without truth , and condemneth himself in that which he alloweth . thirdly , to swear , saving all former oaths , to what we judge to be opposite to our former lawfull oaths , is to delude both our former and present oath ; to warrant , that we may without scandall abjure ( in words , not in heart ) what we have sworn before to keep , because we have sworn before to keep and never to abjure it ; to make vain ( as far as in us lies ) the great and dreadfull name of god , the wholsome end and use of oaths , and particularly to destroy the end of this present covenant , if the takers intend not what the oath intend● ; and may also hereafter ( saving this present oath ) swear to the contrary . for the present be it considered , that whereas this oath is a league for unity ; if each may take it in their own sense , its end will be none ; and we as far from joynt union of assistance as before . for , swearing to assist all who enter into this league , if we think our selves bound to assist o●ely the takers in our own sense , then we may happily be tied to assist none hereby , for perhaps our own sense is peculiar and different from all others , and probably from most , for most take it in the common sense of the words . lastly , if one end of this covenant be , that ( if it succeed ) it may be encouragement to other christian churches ( in like case ) to joyn in the same or like association and covenant ; we judge it necessary to admonish our selves and others , that if in this we offend , we also lay a stumbling-block of offence before the faces of so many christian churches now and hereafter , who are here invited to follow our example . should we not therefore sadly consider , whose example in this action we follow , before we give and invite others to follow our example ? ought we not wisely to fear , lest by this we expose our brethren of the reformed churches beyond the seas , to the jealousie of their severall princes under whom they live , and become guilty of the provocation of all those evils , wherewith princes in prevention of what is here suggested to their subjects ( if not declared against by them ) may aggrieve our brethren of the reformed religion ? and also , have we not cause to question with our selves , how the example of entring a covenant mutually to assist and defend one another , when there is declared a joyning in armes , without and against the consent of the supream magistrate , how this example ( we say ) will make , as is here said , to the peace and tranquillity of christian kingdoms and common-wealths ? now the lord of peace himself give unto us , and to all the churches of god , peace alwaies , by all means . amen . an exhortation to the taking of the solemn league and covenant , &c. if the power of religion , or solid reason , if loyalty to the king , &c. if it had not been intimated that the authors of this exhortation were the assembly of divines , ( as they are stiled in the 14 article of the instructions ) and expressed , that the end of it was the satisfying of such scruples as may arise ( and that by the same authority by which the covenant it selfe is to be imposed ) it could not have given the conscience of any man either so much licence to examine the discourse with strictnesse and severity , or so much satisfaction ( one way or other ) in the examination ; seeing there is scarce any other end of writing which necessarily obliges to a discovery of all the consequences and the principles of a discourse , and there is no such outward encouragement to the conscience towards satisfaction , as when it shall consider that it is examining an exhortation and a defence , the authors of which have been chosen , the worke appointed , and after the performance twice publiquely read , and considered , and lastly ordered to be published by them who are the managers of the cause for which this exhortation and defence is made . but this being the declared end , and those the authors , it will not stand with the opinion of the faithfulnesse of those men towards the cause it self , to imagine that they reserve to themselves clearer and firmer principles , upon which they are able to enforce the taking of the covenant , then those they have here expressed : and consequently , if upon just examination it shall appear , that all the truth that is by them laid down is not sufficient to infer their conclusion , they may be more tender of those who are of different perswasion from themselves , though they shall ( notwithstanding their endeavours ) persist in their opinion , nay though they should hereby gain a degree of adhesion to it . the conclusion which they would infer is the taking of the covenant , and the generall end of that , as expressed in the covenant it selfe and in all the declarations which concern the same , is ( in our calling ) the assistance of those of the kingdoms of england and scotland joyned in arms , &c. against the popish , prelaticall , and malignant party : in a word , to assist , or comply with those english and scottish forces , against the forces raised by the kings personall command . this being the case wherein the scruples ( by them spoken of ) are supposed to be removed , that their arguments to that end might be effectuall , it was necessary to their end , that the present case should have been clearly and particularly laid down , considering that the discovery of strong and not doubting presumption and supposall of that part which is defended , though it might produce a degree of confirmation in those who are ( though not so strongly ) of the same opinion , yet can it not in reason be reputed a means to take off scruple from a rationall adversary . this being necessary in it self for a true and thorough resolution of conscience in the case , it cannot be denied but their discourse is imperfect in it selfe , and consequently they may as well have erred in assuming to themselves all that is holy and perfect , and esteeming of the adverse party as of people bewitched and besotted , hoodwink't and blinded , &c. nay , as the dregs and scum of the people , and in affirming the name and countenance of his sacred majesty to be captivated , and prostituted to serve all the lusts of such men ; and in setting in opposition the king and those that be faithfull in the land . but seeing that it is possible that a case may be so clear and plain to all men , that it may without any great damage be omitted in a discourse made for the resolution of the conscience ; it will concern the conscience however impartially to set before its eyes the present question , and then to examine the discourse of this exhortation , upon which the determination of conscience will naturally follow . to propound the state of the question impartially ( though not according to the utmost truth of the case ) it will be enough , if it be made up of truths confessed and undeniable . 1. scots and english are subjects to the king . 2. of the same protestant religion , the professors whereof do not differ in fundamentals . 3. their joyning in arms , ( as is alledged ) is for the vindication and defence of their religi●n , liberties , and laws . 4. against the popish prelaticall , and malignant party . 5. by these are meant the souldiers raised by the king . on the other side : 1. the king is our lawfull soveraign , 2. of the same protestant religion . 3. he hath protested and engaged himself with all solemnity ( as at the receiving of the holy eucharist , &c. ) to preserve and maintain the protestant religion , the laws and liberties of the kingdoms and parliaments . 4. that he hath sent many messages for treaties toward peace , both before and during the time of these wars , and expressed a desire of making the people witnesses of the equity of his proceedings . 5. he hath declared his will against both the scots and english , who take up arms in this cause . out of these principles ( whereas many more might be added in behalf of his majestie ) let the question be , whether it may be lawfull and necessary for subjects to covenant together , without and against the expresse will of their lawfull soveraign , to joyn in arms against the forces raised by his command , and that for the vindication and defence of that which he hath by all possible obligations engaged himself to maintain and defend , and for security of his people hath desired that differences might be composed by treaty , and that the world might judge of his proceedings in it . if this be a true state of the question ( at least so far as is here expressed ) the next labour for our consciences will be to examine whether any argument in this exhortation ( upon supposition that they all were truths in themselves ) doe infer a lawfulnesse and necessity to covenant in our case , all things considered ; and if it be evident that they are not sufficient , it may be a motive to abate the confidence of the composers of it ( whosoever they were in particular ) and to procure an examination of their own principles and actions , wherein they may possibly see that they have not either in their own actions , or in their judgement of others , proceeded so exactly according to the law of conscience and the word of god . now , although we are confident that there is not in this exhortation any one argument which the assembly it self will undertake so to contrive , as that it shall conclude for a necessity or a lawfulnesse of taking such a covenant in such a case ( all things considered ) and consequently the whole businesse , which was of necessity for vindication of our selves from sottishnesse &c. is already done ; yet that it may without any danger of prejudice or errour appear , that we are not guilty of such a presumption as we have excepted against in them , we will , as briefly as may be , examine their whole discourse , and evidently ( unlesse indeed we be bewitched to think so ) discover what is untrue or uncertain ( if any thing of those kinds shall occur ) and what is insufficient in their exhortation , after we have by way of apology premised , that we will not all answer them in the manner of the delivery of the reasons . we have ( as we hope ) prevailed against those affections which might have arisen upon those expressions which concern our selves , and ( though with far greater difficulty ) against that indignation which followed upon the apprehension of those ( not so very reverent ) expressions and reflections upon his sacred majestie , so far as not to suffer our judgements or consciences to be withdrawn from a just and meer examination of the truth : having seen in them , that zeal and confidence ( however they are excellent affections in those who are sufficiently grounded in an unfallible truth , yet they ) do in no measure help toward a discovery of truth or a removall of scruples in a case of conscience . the whole discourse was intended by the authors of it , to consist of perswasions , and resolutions of scruples , and is immediately resolved into an introduction and the body of the discourse . as for the introduction , it contains a collection of many places , from whence the composers thereof presume that the necessity of taking this league might be enforced . but seeing it carries not clearly in it self any discovery of the consequences , it could not in reason be premised to any other discourse , then such as in the processe should clear that which was there presumed ; and seeing the following discourse is no way ordered to a clearing of those inferences , so that the design of him who made the introduction is no further prosecuted , we may here indeed observe an instance of the variance which is said to be in the assembly , but are no wayes helped in that which was the fundamentall intention of the whole ( the resolution of our scruples ) which by the serious consideration of those things here reckoned up , we professe to have been exceedingly strengthened upon us ; and that by such inference as may be gathered , if not cleerly seen , by this ensuing parallel . if the power of religion , described and practised by our saviour christ and his apostles , and expressed in the most heroicall actions of the primitive christians ; or if solid reason informed by the doctrine of the church of england , and assisted by the light of the examples of holy saints and martyrs , and by a perfect information of the beginnings and proceedings of our present miseries , and of the standing known laws of the land ; if loyalty to the king , and piety to their native couatry , or love to themselves , and naturall affection to their posterity ; if the example of men touched with a deep sense of all these , such as have been the most eminent among the clergy for piety and learning , the instruments ( as it is confessed ) used by almighty god for the preservation of our religion against all its enemies , who , with many others , the most worthy of the laity , have cheerfully and constantly been spoiled of their goods , and suffered a long and tedious imprisonment , and are and have been ready to suffer death it selfe in the present cause of his sacred majestie ; or if extraordinary successe from god thereupon , such as was necessary to raise his majesty from a state of despised weaknesse to a power able to resist , and probably able to debell all the forces which his enemies of three kingdoms can procure . if any or all of these can awaken a nation hitherto stupified and blinded , and thereupon imbroiled in the miseries which have attended upon this war , to see and imbrace the soveraign and onely means of their recovery ; there can be no doubt or fear , that they will enter into a league with those who have lifted up ( under what pretence soever ) their hands against his sacred majestie , but they will rather repent them of their former disobedience , endeavouring to reduce their brethren to a labour for reconciliation and pardon from his majestie , at least to an acceptation of those proffers for treaty towards accommodation , which he so often makes ; and in case they shall be by any pertinaciously refused , joyn themselves with his sacred majesty in his just defence . having thus done with the introduction , it follows that we examine the discourse it self , which proceeds in this method : first , to propound the motives to perswade men to take the covenant . secondly , to answer the objections or scruples which might hinder , &c. here , before we begin to examine the strength of the motives themselves , we observe the different apprehensions of the framers of it ; for , whereas he who framed the introduction did , it seems , imagine that the taking of the covenant might be enforced from the positive law of god , and the law of nature ; the other , who was to lay down the motives , was so farre from that , as to esteem it necessary towards the same end , in the first place to insinuate the example of themselves of the assembly , and others who had already taken it . the strength of their perswasive arguments is this : first , this covenant is already taken by the two houses of parliament , by the assembly of divines , the city of london , and the kingdom of scotland . secondly , it hath been already seconded from heaven by blasting the counsels , &c. thirdly , it carries in it self such a convincing evidence of equity , truth , and righteousnesse , as may raise in all enflamed affections to take it ; which is proved , because there is [ almost ] nothing in this covenant which was not for substance either expressed , or manifestly included in the protestation of may 5. 1641. ergo , whosoever are not wilfully ignorant , or miserably seduced , must infallibly take this covenant . for the first of these arguments : first , in generall , we do not see how the example of either party can reasonably be alledged to direct the conscience in any controversie . secondly , we have reason to believe that farre the greater number , both in the city of london , and the kingdom of scotland , could not take this oath in judgement , as being not able to discern of the righteousnesse or iniquity of some of the articles , especially that which concerns episcopacy , so that a chief strength of this argument from example , consists in the example of themselves who are of the assembly , and made this exhortation . and then we conceive , they cannot justly accuse us either of immodesty or presumption , if we shall openly professe that they have not in this first essay of theirs ( at least which we know to have been published ) given evidences of so great judgement , learning , or integrity , as may warrant or encourage us in matters of religion and cases of conscience , to subscribe to the authority of their example . to the second argument , which is , that it hath been seconded from heaven , &c. it cannot conclude to the conscience , till it be sufficiently proved ; neither can that be without a revelation of the counsels of god , which if the composer of this part hath obtained , it was requisite to the end propounded that he should have made it appear ; till when it may be beleeved , that those instances where the signature of gods judgements may the most plainly have been discovered , have fallen upon those who have had the greatest share in the raising and managing of those arms , for the maintaining of which this covenant is ordained . so then the whole force of their perswasion will depend upon the third argument , and the proof of it , which ( to avoid any errour in examining ) shall be again propounded : there is ( almost ) nothing in this covenant , which was not for substance either expressed , or manifestly included in the protestation , may 5. 1641. therefore this covenant goeth forth in its own strength , with such convincing evidence of equity , truth , and righteousnesse , as may raise in all not wilfully ignorant or miserably seduced , inflamed affections to joyn in the covenant . resp. 1. we are not able by all those wayes of reasoning , to which we have hitherto been used , to discover the inference which is here made . if by the strength of their solid reason it may possibly be made to appear , yet we are confident the dependence is so deep and secret , that it ought not ( to the end for which this discourse is declared to be intended ) have been left unrevealed . 2. whereas the argument of the evident equity , truth and righteousnesse of this is taken from the agreement of it with that protestation , we will assume the matter of that protestation to have been ( in the judgement of this assembly ) equall , true , and righteous ; from whence it will follow , that if this should , according to their principles , either immediately or by necessary consequence contradict that protestation , therein they must confesse it to be unequall , false , or unrighteous ; and wherein soever it doth positively dissent from it , there the truth , equity , and righteousnesse of it must be confessed to be here no way proved ; this being premised , let us compare together this covenant and that protestation . there we protested that we would with our lives , &c. defend the doctrine of the church of england [ indefinitely ] which is undoubtedly contained in the 39. articles , which ( in the further articles of impeachment , jan. 17. 1643. by the commons assembled in parliament against the archbishop of canterbury ) are stiled , the 39. articles of the church england established by act of parliament ; and in the six and thirtieth of those articles it is avouched that the book of consecration of archbishops and bishops , and ordering of priests and deacons , confirmed by authority of parliament , doth contain all things necessary to such consecration and ordering , and hath nothing in it ungodly . this book asserteth , that it is evident to all men , diligently reading holy scripture and ancient authors , that from the apostles times there have been these orders of ministers in the church , bishops , priests , and ` deacons , which officers were evermore bad in reverent estimation . wherefore we there protested with our lives , &c. to defend that it is not ungodly ( therefore not false doctrine ) to say , that diligent reading of the holy scriptures will help to make it evident , that from the apostles times there have been bishops , which could not be , unlesse the scriptures did testifie , that in the apostles times they were . one of the prayers also ( & lex orandi lex docendi ) thus begins ; almighty god , giver of all good things , which by thy holy spirit hast appointed divers orders of ministers in thy church , mercifully behold this thy servant now called to the work and ministery of a bishop ; and the elected bishop is afterward required to professe , that he is perswaded that he is truly called to this ministration according to the will of our lord iesus christ . and by consequence we there did protest to defend that also ; and consequently ( upon their own principles ) it is unequall and unrighteous to swear to the extirpation of them . again , in that protestation there was nothing concerning the endeavouring the preservation of the doctrine , discipline , and worship of the church of scotland , the reformation of the doctrine of the church of england . moreover , in that we protested absolutely the defence of the kings person , according to our allegiance , which here we do not absolutely swear to , to maintain the laws of the land , the liberty of the subject , and onely to defend one another so far as lawfully we may , which here are omitted . many other differences may be observed . if yet they shall say , that there is nothing ( almost ) in this which is not in that , or nothing of moment ( which must be the meaning , if their argument be of any force at all ) it may not be thought unreasonable , if we desire ( with leave from his majestie ) to renew that protestation , that we may be thereby excused from this league and covenant . after the proposall of their perswasive arguments , they proceed to the taking away of scruples , not all , or most of such as might arise to the contrary ( as appears by that which we have humbly represented against the covenant it self ) therefore such as they have chosen out ( probably ) because they conceived themselves best able for their answer . the scruples which they suppose , are such as concern either the king or the bishops . they begin with the extirpation of bishops , where first they design to prove , that they may , and ought to be extirpated ; and after they addresse themselves to answer one speciall objection . we will therefore in order propound and examine the weight and truth which is in their arguments . the first is but an intimation , some say this government was never formally established by the laws of this land at all . if this were true , which some say , the argument were not of so great force toward the taking away of this government , as it would be of power to confirm us in the belief we have of the venerable institution of this government , when we shall consider that our predecessors , who have been the authors of our laws , had such an esteem of the government by bishops , that they thought it altogether needlesse formally to establish it by law . now that this ( if any positive ) consideration might be a ground of that which is here intimated ( if true ) appears , in that if it were true that it were not formally established , yet is it so interwoven with many of our laws , that they and it must stand or fall together . so that here again we may desire of them to be tender of us , who have protested solemnly with our lives to defend the laws of the land . 2. the life and soul of it is already taken away by an act , &c. so as nothing of jurisdiction remains , but what is precarious in them , and voluntary in those who submit unto them . 1. we cannot acknowledge that any essentiall part of episcopacy ( such as that which is the life and soul of it must be ) is , or can be taken away from our bishops , whether it be of order or jurisdiction ; however the outward coercive power communicated to it by the secular arm , hath been in the times of the famous persecutions , and may be again divided from it . 2. for the act of this present parliament here mentioned , we do believe that there was more taken away in it , then was intended by the major part of both houses at the passing of it : this we gather out of those words of his majestie in his declaration , aug. 12. and whether that act was penned with that warinesse and animadversion , that there was not more determined by it , then the major part of both houses intended at the passing of it , let themselves judge . 3. however that were , we cannot conceive it reasonable , that their temporall lurisdiction should be taken away ( as was suggested ) that they might the better intend their spirituall , and then an argument made to take away the spirituall part of their government also , because the former is already parted from them . thirdly , that their whole government is ( at best ) but a humane constitution . ] if there be no fallacy in these words , it is necessary that whole be taken materially , as it includes each severall part , and not formally onely ; and then we answer , that the government so far as to the superiority of bishops above presbyters is ( at least ) of apostolicall constitution , as is proved in our reasons against the second article : and consequently ( as to that which is here spoken of ) it is not lawfull to be taken away . fourthly , it is such as is found and adjudged by both houses of parliament , not onely very prejudiciall to the civill state , but a great hindrance also to a perfect reformation ; yea , who knoweth not ? &c. we know the danger ( and if indeed we did not ) yet the honour and respect we bear to the very name of parliaments would not suffer us to question the judgement of the two houses ; onely in this case which so neerly concerns the church of god , we crave leave to represent , that we doe not apprehend how that should be in it self prejudiciall to the civill state , together with which the state both anciently and of late , we conceive , hath flourished , and enjoyed a politicall happinesse beyond most of the nations of the earth . neither how that should be opposite to a perfect reformation , which in our consciences we are perswaded ( and we think may as clearly be proved as most matters in divinity ) was instituted by the apostles and constantly obtained in the purest times of the primitive church , to which we conceive a reformation ought to be squared : and indeed the chiefest instruments and defendants of that reformation which we ( by the mercy of god ) enjoy , having been bishops , some of which were martyrs , as bishop cranmer , ridley , hooper , latimer , ferrers , jewell , bilson , &c. we cannot see to what reformation episcopacy can be a hindrance , unlesse to such a form as supposes that episcopacy must be extirpated . which moved the well-affected thorowout this kingdom , long since to petition this parliament ( as hath been desired before in the days of queen elizabeth and king james ) for a totall abolition of the same . in this which is intended for a proof the fourth argument , seeing it is presumed that those who have petitioned for the abolition of episcopacy , are and have beene well affected ; for a judgement of that we doe onely represent , that the same in the dayes of those renowned princes , by those famous parliaments held in their times were rejected as ignorant and seditious . and whereas it is said , the well affected throughout the kingdom , &c. it doth , and may appear , that since the sitting of this present parliament ( and that after discountenance given to that party ) more then four and fourty thousand men of quality have petitioned for the continuance of our present church-government : besides the city of london , the counties of dorcet , kent , surrey , westmorland , cumberland , southampton , lancaster , cornwall , oxfordshire , berkeshire , wiltshire , the six shires of north-wales , and besides the two universities : all the which have petitioned for the same . the restriction ( or what else ) is here laid down that we are not by this covenant bound to offer violence to their persons , we pray may be observed by those who have taken this covenant , or shall hereafter enter into it ; for us who are so perswaded as we have expressed , it would have been a greater satisfaction , if we should have been to swear to bring the persons of any who have offended to a just and legal triall , so that their office might have been continued , then to extirpate the office , with an intimation only that we are not necessitated to offer violence to their persons . that which follows , is to take off the onely scruple which they would suppose to remain , the oath of canonicall obedience , wherein clergy-men have sworn to obey the bishops , in licitis & honestis ; we will propound their arguments . 1. they which have sworn obedience to the laws of the land , may yet endeavour their abolition in a lawfull way . therefore they which have sworn to obey the bishops may endeavour the abolition of bishops . we do not see this consequence from the law to the law-giver , or the authority it self from whence the law is derived . it follows upon this hypothesis that they who have sworn to obey the injunctions of bishops , may endeavour in a lawfull way the alteration or abolition of those injunctions ; but to infer their conclusion , the hypothosis must have been , that notwithstanding our oath made to obey the laws made by the king and the two houses of parliament , we may endeavour to abolish the king and both houses of parliament . their second argument is this : 2. if ministers or others have entred into any oath not warranted by gods word and the laws of the land , such oaths call for repentance , not pertinacy in them . ergo , notwithstanding the oath of canoxicall obedience , ministers may endeavour the extirpation of bishops . we believe , that to have cleared this consequence , they ought to have proved that the oath of canonicall obedience is not warranted by the word of god , or the laws of the land , which seeing they have not done , the scruple , notwithstanding this argument , will still remain . having thus done with episcopacy , they proceed to such scruples of conscience as they suppose may arise from that which concerns his majesty ; and there the design is to prove , that this covenant may be taken , notwithstanding the oaths of supremacy and allegiance already taken , and notwithstanding the want of his majesties consent . 1. this oath binds all , and more strongly engageth them to preserve and defend the kings majesties person and authority in the preservation and defence of the true religion and liberties of the kingdoms ; therefore , it doth not crosse the oaths of supremacy and allegiance . we answer , 1. the oaths of supremacy and allegiance were ordained against those , who would not have denied to swear in these very words , to preserve and defend his majesties person and authority in the preservation and defence of the true religion and liberties of the kingdoms ; therefore notwithstanding this argument , this covenant may crosse the oaths of supremacy and allegiance . 2. that this oath may be taken without his majesties consent , they would prove by examples , either modern , or out of scripture , as 1. the protestation may 5. was taken without his majesties consent . we did not think we took it without his majesties consent , and one reason we will expresse in their words of the same paragraph , because his majesty did not except against it , or give any stop to the taking of it , albeit he was then resident in person at whitehall . 2. ezra and nehemiah , ezra 10. nehem. 9. neh. 1. being vassals , and one of them meniall servant to artaxerxes , drew all the people into a covenant , without the speciall commission of the persian monarchs . the covenant into which ezra drew the people is expressed ezra 10. 3. to have been to put away all the strange wives , and such as were born of them , according to the counsell of the lord , and of those that tremble at the commandement of god , and that according to the law . and that of nehemiah , ( nehem. 9. & 10. 29. ) is expressed to have been a curse and an oath to walk in gods law , which was given by moses the servant of god ; and to observe and do all the commandements of the lord , and his iudgements and his statutes . the commission of nehemiah , ( besides what is mentioned nehemiah 2. ) cannot be denied to be the same which ezra had obtained , which is expressed ezra the 7. in the 7 of ezra , v. 26. we find this as a part of his commission : whosoever will not do the law of thy god , and the law of the king , let judgement be executed speedily upon him , whether it be unto death , or banishment , or to confiscation of goods , or to imprisonment . wherefore we cannot but extreamly wonder that these covenants here mentioned , should be said to have been entered into without the consent of the persian monarchs ; an assertion to us so exceedingly inconsiderate , that our apprehension of the failings in it cannot in a few words be expressed . as for that of hezekiah , which follows at some distance , we might answer , that it is not , nor can it be proved out of the scripture , that the keeping of the passover was not consented to by hoshea king of irael . however , if the revolt of the ten tribes were indeed a rebellion , as it is believed by many of the most famous divines a , then why might not hezekiah justly send proclamations to them , to joyn with him in a covenant , although the king of israel should positively have dissented ? but not to insist upon negative answers , or any thing which may be controverted , we answer : 1. that act of hezekiah , was a bare invitation . 2. that to which he invited them was not a league or covenant , but ( that which the law of god enjoyned ) the observation of the passover : which was some yeeres after the covenant mentioned . 2 chro. 29. 3 that it was at that time when israel had not the face of a kingdom , their king being in captivity under the king of assyria . which two latter answers are joyntly proved by this following discourse . the covenant was made in 1mo hezekiae , 2 chron. 29. the passover was not celebrated till after the captivity , 2 chron. 30. 6. there was no captivity mentioned till after this first yeer of hezekiah . therefore the covenant and passover were not kept in the same yeer ; and therefore also hoshea was in captivity , before this invitation of hezekiah . the last of the premisses ( which onely can be doubted ) is thus proved , because the first time expressed ( which we read in scripture ) of salmanasers comming up against israel is the fourth yeer of king hezekiah , 2 king. 18. 9. it no wise followeth therefore from this act of hezekiah and the men of israel , that it is lawfull to impose , or enter a covenant , without the consent of the king . now , after these instances of scripture , they betake themselves to modern examples , from whence they would infer more then a bare lawfulnes to enter a covenant without the kings consent , viz. an allowance of subjects joyning in arms against their soveraign , which they would warrant from the actions of q elizabeth , k. james , and our gracious soveraign . here we must indeed ingenuously professe , that we have not been sufficiently exercised in passages of state , to give a full satisfaction in all these particulars ; wherefore we shall not of our selves interpose at all , onely briefly speak to their instances . 1. as concerning the assistance of , and the confederacy with the united provinces , we shall transcribe for satisfaction , a part of a declaration of q. elizabeth , who first entered upon their assistance ; the declaration is entituled , a declaration of the causes moving the q. of england to give ayd to the defence of the people afflicted and oppressed in the low countries . this declaration was put sorth , 1585. and in the 8 , & 9. pages it hath these words . and furthermore , as a good loving sister to him , and a naturall good neighbour to his low countries and people , we have often , and often again , most friendly warned him , that if he did not otherwise by his wisdom and princely clemency restrain the tyranny of his governours , and cruelty of his men of war , we feared that the people of his countrys should be forced for safety of their lives , and for continuance of their native countrey in their former state of their liberties , to seek the protection of some other forraign lord , or rather to yield themselves wholy to the soveraignty of some mighty prince , as by the ancient laws of their countreys ' , and by speciall priviledges granted by some of the lords and dukes of the countries to the people , they do pretend and affirm , that in cases of such generall injustice , and upon such violent breaking of their priviledges , they are free from their former homages , and at liberty to make choice of any other prince , to be their prince and head . the proof whereof by examples past is to be seen and read in the ancient histories of divers alterations of the lords and ladies of the countries of brabant , flanders , holland and zealand , and other countries to them united , by the states and people of the countries . and that by some such alterations , as the stories do testifie , the duke of burgundy came to his title , from which the king of spains interest is derived . upon these principles it it evident that then the queen and kings of england in joyning to the assistance of or confederacy with the low countries , have not joyned with subjects in arms either against or without the consent of their true undoubted monarch . 2. as touching the assistance of the french protestants of rochell by our gracious soveraign that now is , we shall onely reply ( not insisting upon the charter of rochell granted to them by lewis the 11. ) that we are fully satisfied , that no argument can be drawn from thence , except by those who would raise a dispute of his majesties title and interest in the kingdom of france . 3. as for the scots , we expected that all further mention of their former actions should have been prevented by the act of oblivion . yet seeing these men have undertaken to make an advantage against his sacred majesty , even out of his acts and expressions of grace and clemency : we answer , that forms of pacification and reconciliation , are not to be interpreted any further then to the reputation of the party to whom the reconciliation is made ( you have not done so , or so , i.e. you shall be to me as if you had not ) so as out of his majesties expressions in the late pacification with the scots , to conclude his approbation of the course then taken by them , or to take a warrant for their present undertaking , seems to be alike , as if they should conclude that it was lawfull for other churches to use st. paul as the galathians had done , by accounting him their enemy , because ( by his own confession ) they had done him no injury , and should gather that out of his act of pacification with them , gal. 4. 12. brethren , i beseech you be as i am , i am as ye are , ye have not injured me at all . the sum of all is this : the assembly of divines in their exhortation , have neither concluded any thing positive for a lawfulnesse , or necessity of taking this covenant , nor taken away any of those scruples which they propounded to themselves ; they have neither proved that bishops must or may be extirpated , nor taken off the scruple from the oath of canonicall obedience : they have neither cleared the objection from the oaths of allegiance and supremacy , nor proved by any example recorded in scripture , or by any undoubted warrantable practise , that it is lawfull in any case whatsoever , without the kings consent , to enter into any whatsoever league and covenant : so far have they been from proving that it is necessary or lawfull to enter into this league , the state of the question being such , as we in the beginning have evinced it to be . so that should we enter into this covenant , it would be impossible to conclude our innocency therein from the innocency of mordecai and the lewes here mentioned out of esther 9. their innocency was clear indeed , ( but how would ours be so ? ) in that they resisted not the higher power , or the arms commanded by him otherwise then by fasting and prayer , untill the king granted them leave to gather themselves together , and to stand for their lives , which before they did not assume , for no want of sufficient strength to have defended themselves , ( as is usually in the like cases objected ) which is evident from their after sufficient strength by themselves to defend themselves , cap. 9. thus having examined the strength of their reasons and allegations , we think it still true ( not onely pretended , as the exhortation hath it ) that clergy men ( above all others ) may not covenant to extirpate church government by bishops , both because of their oath ( as hath been proved ) and simply considering the nature of the thing , in respect of the reasons already by us alledged ; and because presbyters , if here they erre , they erre most dangerously and arrogantly , swearing ( in effect ) to endeavour to extirpate all order of spirituall church governours above themselves , to endure none such ( if they can help it ) superiour to themselves . the danger we had rather such should hear from st. cyprian , epist. 10. quod enim non periculum metuere debemus , de offensa domini , quando aliqui de presbyteris , nec evangelii , nec loci sui memores , sed neque futurum domini iudicium , neque nunc sibi praepositum episcopum cogitantes , quod nunquam omnino sub antecessoribus factum est , cum contumelia & contemptu praepositi totum sibi vendicent ? what also will they think of that ancient and reverend canon ( the 35. among those 50. commonly called the canons of the apostles ) {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} if any one ordained bishop be not received , not through his own will , but through the wickednesse of the people , let him remain a bishop , but let the clergy of that city be bar'd communion , because they have not been better instructors of so inobedient a people . by which also it appeareth , that those lay men deceive themselves , who think that the clergy onely need scruple at this oath , at least in the second article thereof ; we must tell them of ignatius his rule , epist ad magnes . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} nothing ought to be done without the bishop , by presbyter , deacon , or lay-man . if therefore ( according to the preface of this covenant ) we set the glory of god before our eyes , the same ignatius gives us this other excellent monition , epist. ad trallian . a it becommeth each of you , and especially the presbyters , to cherish the bishop , to the honour of god the father , and our lord iesus christ . the printers postscript to the reader . gentle reader , a copy of the foregoing disquisitions accidentally comming to the hands of some , at whose command i am , was thought fit to be published , though without the knowledge and approbation of the authors . the fitnesse of the subject , the worth of the work , and a peculiar relation to the authors ( if i mistake them not ) may be a sufficient motive both for their command and my undertaking . consider it seriously , and if thou art not yet ingaged in the covenant , this will confirm thee in thy resolution against it ; if thou art , this by the assistance of gods grace may bring thee to a timely repentance . i cannot but admonish thee this one thing , viz. that i have gone exactly according to the copy , even in those phrases which resemble the genius of the place where it was composed , more then where it is published ; onely the faults which have escaped , i desire may be imputed to me and those many transcribers , through whose hands it passed before it could come to mine . finis . notes, typically marginal, from the original text notes for div a31491e-100 article 1. article 2. a intelligentia verborum ex causis est assumenda dicendi , h●●ar . l. 4. de tr●● . a eandem illis imponit personam , ac idem juris assignat . calvinus in locum . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} chrysostomus in locum . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ammonius in locum . a theodoret. in luc. 10. b viz. irenaeus ib. 3. c. 3 tertul. de praescrip. . c 36 cyprian ●p 42 , & 61 , & 69 concil. carthag anno 258 sub cypriano . theodoret . l. 4. c. 18. ambros. de dignsacer . c. 2. augustin . in ps. 44. & epist. 42. & de verbis domini serm. 24. hieron. ep. ad marcel . advers. montanum , & epist. ad evagr. greg. mag. hom. 26. in evang. theophylactus in matth. 16. pacianus ep. 2. ad sympro●ian . and all those which aver the apostles to have been bishops , ( though more also ) vid. cyprian . ep 65 , & ep 68. epipha . contra haeres . l. 1 haeres . 27. ambros. in ephes. 4. & serm. 50. the supposed ambrose in 1 cor. 12 , 28. and so much some of them thought proved from acts 1. 20. c viz. iren. l. 3. c. 3. & l. 4. 63. & l. 5. c. 20. ignat. ep. ad antioch . tertul. adversus marcion . l. 4. c. 5. & de praescr . c. 32 , & 36. clemens alexan. l. de divit . salvand . apud euseb. l. 2. c. 17. euseb. lib. eccl. hist. 5. c. 6. & l. 3. c. 11 , &c. 23. irenaeus apud euseb. l. 4. c. 10. s. hieron. de script . eccl. chrysost. hom. de ignat. tom . 5. concil. constant. 5. act . 2. d 1 tim. 1. 3. theophyl. & oecumen. in locum , 1 tim. 5. 19. epiphanius haeres . 75. n. 15 , & theop. in locum , v. 20 , 21. idem in locum , & hemmin . in locum , v. 22. the supposed ambrose in locum , a tim. 1. 6. hieron. oecumen. bucer . in locum tit. 1. 5. oecumen. in locum , v. 11. chrysostomus in tit. 1. hieronimus in tit. 3. 9. 10. ambros. lib. 5. de fid. s. trinit. bucer . calvin . in locum . b for timithy epib . haeres . 75. eusebius lib. 3● . c. 4. hieronimus de script . eccl. chrysost. hom. 2 ad epist. pilip . & in praefat. in 1 tim. the supposed ambrose in praefat. in 1 tim. polycrates apud phot. biblioth. leont in concil. calce. . prim. in praefat. in 1 tim. & in 1 tim. c. 4. adde sedul . in 1 tim. 1. 2. for titus , see euseb. l. 3. c. 4. hieronimus de script . eccl. dictus ambr. in praefat. ad ep : tit. theodoret apud oecumen. in praefat. ad ep. tit. theodoret apud oecumen. in praefat. ad tit. theophyl. in praefat. ad tit. oecumen. in tit. 1. adde sedul , prolog. in epist. ad tit. c vid. theodor . in 1 tim. 6. 14 {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} nempe ea quae scribo . d {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} oecumen. in 1 tim. c. 5. see also ambrose in 1 tim. 6. e saint augustine ep. 162. and in the comment on the revelations under his name , hom. 2. the supposed ambrose in 1 cor. 11. 16. & in apoc. oecum : in apoc : 2. arethas in apoc. 1. and among the moderns , marlorat in apoc. 2. 1. bullinger concil. 9. in apoc. paraeus in apoc. 1. 20. dr reynolds conference with hart. c. 8. divis . 3. pet. molinaeus in his marginall notes . f theodoret in 1 tim. 3 , 1. pacianus epist. 2 : ad sympronian : b {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} 1b : v : 26 : c iob 33. 23. & malach. 2. 7. a james bishop of jerusalem ● , concil. gen. constantinop . can. 32. clemens apud euseb. l. 2. c. 1. euseb. l. 4. c. 21. & l. 2. c. 22. & l. 7. c. 14 , 15 , 19. aug. l. 2. contra lit. petil. c. 57. contra crescon. l. 2. c. 37. epiphanius contra ma●ich , sect. 66. & haeres . 78. chrysost. in 1 cor. cap. 15. hom. 38. & hom. 33. in act. 15. 23. & hom. 46. in act. hieron. in gal. 1. & epist. ad evagr. & de script . eccles. theophylact. & oecum . in gal. 2. b origen . hom. 6. in luc. euseb. l. 3. c. 22 , 35 , 36. & in chronico . in a. d. 38. s. hieron. in gal. 2. & l. de eccles. script . chrysost. hom. de trans . ignat. theodor . dialog . 1. greg. l. 6. ep. 37. c euseb. l. 2. 15. 24. hier. prooem in mat. & de scr . eccles. & ep. ad evag. greg. l. 6. ep 371 , d irenaeus l. 3. c. 3. optat l. 2. cont. parmen. tertul. de praesadversus haeret , s. aug. ep. 165. e irenaeus l. 3. c. 3. optat. l. 2. cont. parmen. aug. ep. 165. f euseb. l. 3. c. 22. and the author of the epist. ad antioch . under ignatius his name . g euseb. l. 4. c. 22. & l. 3. c. 4. h amb in col. 4. calvin instit. l. 4. c. 3. sect. 7. i theod. in 1 tim. 3. & in phil. 2. primasius in phil. 2. pacianus ep. 2. ad sympronian . k ambros. col. 4. l origen l. 10. in ep. ad rom. c. 16. m epist. comprovin . ad leon . n ignat. ep. ad ephes. euseb. lib. 3. c. 35. o eus. l. 3. 35. s. hieron. de . script . eccles. theod. dial . 1. felix 3. epist. ad zenonem . p hieron , de script . eccles. & euseb. l. 3. cap. 35. 39. q hieron. ibid. euseb. l. 4. c. 23. r hegesippus apud euseb. l. 4. c. 22. & euseb. l. 3. c. 11. a et infra {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} b {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} article 3. article 4. article 5. article 6. a vid. angl. confes. art . 37 : & scotican . confess art . 24. ideo confitemur & profitemur , quod qui supremae autoritati resistunt , usurpantes quod ad illius munus pertinet , illi dei ordinationi resistunt , ideoque coram illo innocentes esse non possunt . concl. a quâcunque arte verborum quis juret , deus tamen qui conscientiae testis est , ita hoc accipit , sicut ille cui juratur intelligit ●sidorus . perjuri sunt , qui servatis verbis expectationem eorum quibus juratum●● , ●ecepe●u●●t , augustin . ep. 224 ad alipium . notes for div a31491e-7050 a cyril . alexand calvin . in hosea 8. 4. vide also the fuller answer to dr. ferne . a {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} &c. a review of the covenant, wherein the originall, grounds, means, matter, and ends of it are examined: and out of the principles of the remonstrances, declarations, votes, orders, and ordinances of the prime covenanteers, or the firmer grounds of scripture, law, and reason, disproved. langbaine, gerard, 1609-1658. this text is an enriched version of the tcp digital transcription a67901 of text r210023 in the english short title catalog (wing l371). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 282 kb of xml-encoded text transcribed from 60 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a67901 wing l371 estc r210023 99868860 99868860 121216 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a67901) transcribed from: (early english books online ; image set 121216) images scanned from microfilm: (thomason tracts ; 1:e2[27]) a review of the covenant, wherein the originall, grounds, means, matter, and ends of it are examined: and out of the principles of the remonstrances, declarations, votes, orders, and ordinances of the prime covenanteers, or the firmer grounds of scripture, law, and reason, disproved. langbaine, gerard, 1609-1658. [12], 106, [2] p. l. lichfield], [oxford : printed in the yeare, 1644 [i.e. 1645] anonymous. by gerard langbaine, the elder. printer's name and place of publication from wing. wing has publication year 1644[5]; madan has jan? 1644/5; but thomason catalogue lists under 1644. annotation on thomason copy: "said to be printed at bristoll"; "july 22". the last leaf is blank. reproduction of the original in the british library. eng solemn league and covenant (1643). -early works to 1800. a67901 r210023 (wing l371). civilwar no a review of the covenant, wherein the originall, grounds, means, matter, and ends of it are examined: and out of the principles of the remon langbaine, gerard 1645 50289 311 50 0 0 0 0 72 d the rate of 72 defects per 10,000 words puts this text in the d category of texts with between 35 and 100 defects per 10,000 words. 2000-00 tcp assigned for keying and markup 2001-12 spi global keyed and coded from proquest page images 2002-01 tcp staff (michigan) sampled and proofread 2002-01 tcp staff (michigan) text and markup reviewed and edited 2002-02 pfs batch review (qc) and xml conversion a review of the covenant , wherein the originall , grounds , means , matter , and ends of it are examined : and out of the principles of the remonstrances , declarations , votes , orders , and ordinances of the prime covenanteers , or the firmer grounds of scripture , law , and reason , disproved . hosea 10.3,4 . now they shall say , we have no king , because we feared not the lord , what then should a king do to us ? they have spoken words , swearing falsely in making a covenant : thus judgement springeth up as hemlocke in the furrowes of the field . printed in the yeare , 1644. the contents of the chapters in this ensuing discourse . chap. i. by what meanes the covenanteers were reduced to the necessity of entering into this combination , confessed to be their last refuge . p. 1. chap. ii. the grounds of the covenant , and false assertions laid down in the preface to it , disproved . p. 4. wherein is shewed that the covenanteers falsly affirm● 1. themselves to be all sorts of commons . 2. to live all under one king . 3. to be all of one reformed religion . p. 5. 4. in taking this covenant to have an eye to the king● honour and peace of the kingdomes , 5. or upon all the plots against religion in all places . 6. that they sweare after mature deliberation . 7. that their supposed enemies have an intention to subvert religion . p. 6. 8. that their own supplications and remonstrances have been any meanes to preserve it , 9. or themselves from utter ruine . p. 7. 10. that this covenant is according to any former practice of these kingdomes ( the late scottish covenant how unlike it . ) 11. or the example of god's people ( iewes , germans , low-countreymen , or other protestants ) in other nations . p. 9. chap. iii. the unlawfulnesse of the covenant in respect of the cause efficient ; as made by subjects against the will of their superiour in such things as necessarily require his consent . p. 11. this illegality proved upon it 1. as a vow . this illegality proved upon it 2. as an oath . p. 12. this illegality proved upon it 3. as a league . chap. iv. the matter of the covenant examined ; and proved , first , to be against truth . p. 13. in that they falsly sweare i . the doctrine , discipline , government , and worship of the church of scotland to be according to gods word . ii. the doctrine of england not to be so , as contradicting their practices . p. 14. iii. the lord not to be one amongst them , so long as prelacy is not extirpate . iv. that prelacy is a sin , and that if private men should not take upon them to be reformers , they should be partakers in other mens sinnes . v. that the cause of religion is common to them all . p. 18. vi . that they earnestly desire to be humbled . vii . that the sinnes by them mentioned , are the true causes of the kingdomes distresse . p. 19. chap. v. that the covenant , by reason of the many ambiguities in it , especially this , who shall be the authenticke interpreter o● it , cannot be sworne in judgement . p. 20. where we enquire , i. who ought to be the interpreter in other ordinary oaths ; ii. who in this . whether every man for himselfe , or the foremen for all ; and how they may differ . particular doubts proposed upon which the covenanteers are not resolved : as , iii. wherein the doctrine and discipline of scotland consists . p. 22. iv. who those common enemies are against whom they sweare . v. what the doctrine , worship , di●cipline , and church-government of england is , as to the covenanteers . p. 23. vi . to what that clause relates , according to the word of god . vii . what meant by — whatsoever shall be found contrary to the power of godlinesse . p. 24. viii . in what sense they vow to de●end his majesties person and authority . ix . and whether the kings preservation must be preferred before the preservation of all , or any one priviledge of parliament . p 25. x what liberty they intend . whether to be free states . xi , who meant by — both kingdomes . and which the supreme iudicatory in them . p. 26. xii . what they understand by the yoak of antichristian tyranny . chap. vi . that the performance of sundry clauses in the covenant cannot be without grand inconvenience or injustice . p. 27. such is their swearing i. constantly to preserve the scottish government ( a humane invention ) and discipline , in its own nature alterable . ii. to reforme the english and irish , according to the example of the best reformed churches : which is hard to be found , and not necessary to be followed . p. 28. iii. to endeavour the nearest uniformity in all the three kingdomes ; which is not possible to be compassed , nor fitting to be kept . p. 30. iv. to preserve the priviledges of parliaments ; whereof some challenged to be such , are declared to be incompatible ; others argued to be injust . v. to accuse all delinquents and malignants , not excepting a mans own selfe . p. 34. vi . to endeavour that all such may be brought to punishment , without hope of mercy or pardon . vii . each man to go before another in the example of reformation ; without waiting for the ministers to shew , or magistrates authority to lead the way . p. 35. chap. vii . that many things vowed in the covenant are not possible to be fulfilled . p. 36. for it is impossible for all the covenanteers , i. constantly , and all the dayes of their lives to endeavour each particular they sweare . ii. mutually to preserve the priviledges of parliament of all the kingdomes . iii. to assist and defend all that enter into thi● covenant . p. 38. iv. never to alter their opinions to neutrality or indifferency . v. to observe all the cla●ses in the covenant , some whereof imply contradiction . chap. viii . that the very taking the covenant , and other avowed actions of the covenanteers , are in ●act contradictory to the formall words of their oat● . p. 40. this is argued , in that they sweare , according to their callings , to extirpate all popery , superstition , heresie , schisme , faction ; and to preserve the priviledges of parliament , liberties of the kingdomes , authority of the king : yet is their taking and enforcing of this oath i. inconsistent with most of their callings . ii. an act of popery , properly so called . p. 41. iii. as great a superstition as monastique vowes . p. 44. iv. a branch of aëriani●me , and so a heresie . p. 46. v. a vowed schisme from their mother church . p. 48. vi . a breach of the iust priviledges of parliament . p. 50. vii . an encroachment upon the publique liberty . p. 53. viii . a contempt of the kings authority . ix . a sworne faction against the better part of the kingdome . chap. ix . that many particulars vowed in the covenant , and intended by the covenanteers , are simply and absolutely unlawfull . p. 55. such are i. the alteration of religion established by law , without the lawgivers consent . ii. the extirpation of episcopacy . p. 61. iii. the pulling down the present church●government , before they be agreed upon another . p. 63. iv. the extirpation of the present ministery , as being ecclesiasticall officers that depend upon the hierarchy . p. 66. v. the extirpation of deanes and chapters , and alienation of the churches patrimony . p. 68. vi . their illegall forcing the king to go against his oath , legally taken at his coronation . p. 72. vii . their swearing to have no respect of persons in their extirpations . p. 75. viii . their allowing their iudges to punish malignants as they shall thinke convenient , though their offences do not so deserve . chap. x. that the covenant is repugnant to those generall ends for which it is pretended to be taken . p. 78. as being , i. contrary to the glory of god . ii. destructive to the protestant religion , and serving rather to advance popery . iii. derogatory to the kings honour . p. 80. iv. preiudiciall to the liberties of the kingdomes , as taken for the upholding of their power , by whom all publike liberty is already destroyed . v. inconsistent with the peace of the kingdomes : as tending immediately to nothing but warre with others , and not likely to end in peace amongst themselves . chap. xi . that the particular ends of the severall articles are likewise inconsistent with the matter of them . p. 87. as , i. a violent reformation , with the growth of religion . ii. a violent extirpation of what is not sin , with the clearing of the extirpers from sin . iii. their swearing , absolutely to preserve the power of parliaments , but the kings person and authority with reservation , for this end , that the world may judge of their loyalty , and how they have no intentions to diminish his iust power . here the world is in part informed wherein the kings iust power consists : as , ( 1. in making p. 88. of law . 2. in making p. 88. of law . 3. in declaring p. 89. of law . 4● in executing 5. in appointing iustices . 6. in pardoning offenders . p. 90. 7. in disposing of preferments . 8. in protecting his subiects . 9. in supremacy over all estates . 10. in calling , adiourning , proroguing , dissolving of parliaments . ) p. 91. and how all these powers are actually diminished , if not destroyed by the covenanteers . in treating of the last particular , the equity , and so the validity of the late act , against the dissolution of this present parliament , is ventilated . chap. xii . the true end of framing and enjoyning this covenant , the bringing in of the sco●s , absolutely unlawfull . p. 96. i. in respect of the english inv●●ing . p. 97. ii. in respect of the sco●s comming . ( where the three pretended reasons of their invasion are debated , viz. 1. the g●●d ●f religion in england . p. 98. 2. the 〈◊〉 of their native king . p 99. 3. the rescuing this kingdome from destruction . ) p. 100. iii. their many former oaths and protestations to the contrary● chap. xiii . from these premises the covenant is concluded unlawfull in respect of the forme . p. 104. errata , page , line , for , reade 3 18 left last 6 3 desciverant desciver●nt 7 2 and or 8 34 abjected abjured 10 13 passan passa● 14 35 convented convened ib. 37 knew know 21 21 interferre interfere 23 33 assembly that assembly of that 25 6 bulke balke 29 6 to english to the english ib. 20 our one 31 29 must might 37 31 considered considerable those quotations which occurre out of the remonstrances or declarations of parliament , are taken out of that exact collection , printed for edward husbands , and published by speciall order of the house of commons made martii 24. 1642. which is here usually pointed at , the most compendious way by these characters . a review of the covenant . chap. i. by what meanes the covenanteers were reduced to the necessity of entering into this combination , confessed to be their last refuge . when the danger is once over , to reflect upon the many miseries they have undergone , may haply afford some small comfort to such as shall escape : but so long as we groane under the present distempers , and can discerne no probable end of our sufferings but with our selves , it is but a sad contemplation to look back upon our former peace , and enquire by what sleights we were fooled out of so happy a condition . he that found the poor man ready to perish in the bottome of the pit , and was more inquisitive how he fell in , then sollicitous to use meanes how to help him out , expressed a greater measure of curiosity then charity . it shall therefore be my chiefest endeavour to rescue , if i may , the many seduced scules out of that pit of destruction into which they are already plunged . the danger of those courses that led them thither , was wisely foreseene a and timely foretold by his majesty ; but urgentibus imperium fatis , salutares dei atque hominum admonitiones spernuntur . if the contrivers of these great tropicks in church and state had at first , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , acquainted us with their designes , we should have been affraid to owne , and ashamed to abet them . no question but what comes last in execution was first in their intention . the subversion of government , as well civill as ecclesiasticall , was the prime aime of those architects of state , who were to erect their private greatnesse upon the publique ruines . for whom it had been in vaine to strike immediatly at the face of majesty , or talke of pulling up root and branch the first day . at the beginning of our parliament it was with the common people of this land , as once with the roman souldier , miles longo caesarum sacramento imbutus , ad destituendum imperatorem , arte magis & impulsu quàm suo ingenio traductus . the tye of allegiance which had been ever held sacred , and the many blessings of a long peace , enjoyed under his majesty and his royall father , would not , without the help of arts and industry , suffer them to make a suddaine defection from their loyalty . their nature therefore , fatally inclined to change , must be cunningly wrought upon by an odious representation and malitious aggravation of some past grievances ; their dull restive spirits must be conjured up by those two vulgar charmes , religion and liberty ; they are commanded to beleeve this is destroyed , and that endangered : so to bring them out of love with their present condition , and make them venture a certaine happinesse for uncertaine hopes . by what degrees they were disciplined and broken to a perfect rebellion , i forbeare to rehearse . but if the covenanting members yet remaining at westminster ( of whom onely i desire to be understood through this discourse ) be the same men that managed the cause from the beginning , and were the true authors of all those declarations and remonstrances fathered upon one or both houses of parliament , i crave leave once more to put the kingdome in mind of what they were told before , b how they had brought their worke to such a height and degree of successe , that nothing seemed to be left in their way able to hinder the full accomplishment of their desires , unlesse god in his iustice should send a grievous curse upon them . when we lay this profession of theirs in the ballance with his majesties answer to that very declaratîon , c where he desired his actions might no longer prosper , then they were direct●d to the glory of god , and the maintenance of true religion ; and weigh withall , their strength and his weaknesse at that time , he having but a few men to guard him , lesse money to pay them , nothing at all to arme them , save a good cause , the onely thing that his adversaries wanted ; and see how the scales are turned since , how they are enforced to call in forreigne assistance , and verifie their owne prophetick feare of invasion ; we cannot but acknowledge his majesty found that blessing which he desired , but whether it were the curse of god that thus farre hindered the accomplishment of their desires , we are not forward to pronounce . after they had been twice foyled by his majesty , first by his pen , and since by his sword : when writing and fighting would not serve the turne , they fell to vowing and swearing ; their city covenants led the way , and to bring on the scots , this nationall followes● which their owne elect d orator tells them , as it is the last oath they are like to take in this kind , so it is their last refuge . tabula post naufragium . if this help them not , they are like to remaine till their dying day an unhappy people . this then being ( as is supposed ) their achilles , upon which the fate of greece depends , i have adventured to encounter it . though i must confesse the mindes of all men being long agoe preengaged , and the grand controversie not likely to be decided by any other dispute , then of the sword : discourses of this kinde are much out of date . nor can i conceive what other great advantage they can make of this covenant , unlesse it be to enrich themselves by the injust spoiles of some few men resolvedly honest , who by refuseing of it shall give testimony to the world , that they value the salvation of their soules , above that of their estates . as for those many softer tempers , who may be wonne by perswasions , or forced by constraint to the taking of it , they will no sooner have opportunity to free themselves from those inducements , then they will hold themselves freed from any obligations laid upon them by this oath , which is no other then a band of iniquity , as i shall endeavour to prove by thi● ensuing discourse . chap. ii. the grounds of the covenant , and false assertions laid downe in the preface , disproved . the more sacred any ordinance is in it selfe , the more prodigiously sacrilegious is their sinne who would abuse it to injust ends . such are all those who traiterously affected to the king of heaven , without any warrant from his law , upon false suggestions and surmises of their own , dare counterfeit his signe manual , a vow , and affix his great seal , an oath , to any illegall ordinance of their own invention . the preface to this covenant , if it be no part of it , ( as a maister henderson saies it is ) yet it containes the grounds of it ; which ought to be so true and evident , as might be fit foundations to build a solemn oath upon ; so unquestionably certaine , that at least the covenanteers themselves should not doubt of them . whereas here they present us with almost as many untruthes as lines , and some of them such as themselves know and confesse to be false . 1. for it is not true , that all sorts of commons in the three kingdomes , either yet have , or probably ever will take this covenant , nor that it is indeed , what is here insinuated and commonly given out , a nationall covenant between the kingdomes . when the covenanteers in the close , declare their desire to be humbled for their own sinnes , and the sinnes of these kingdomes ; as they put a distinction betwixt their sinnes , so must they admit a vast difference betwixt themselves and these kingdomes , of which they are but an inconsiderable part ; i mean for their worth , and i hope for their number too . 2. it is not true , that all those who take the covenant upon their own principles , live under one king ; the states of scotland , and the two houses in england , are commonly affirmed to be above the king , at least coordinate with him . his authority is b said to reside with them , though the person of charles steward be not there . this indeed makes them kings , but not one king , so long as england and scotland are not one kingdome . as for other inferiour covenanteers they must be subjects , but whether to one , or the many kings , let it be thus tried . king charles commands they shall not swear this league , the many kings command they shall ; and their subjects they are to whom they obey . 3. it is not true that all the covenanteers are of one reformed religion . c the scots have often petitioned for unity in religion , and d professed there can be no hopes of it , till there be first one form of ecclesiasticall government : this being not yet effected amongst themselves , they must not pretend to be of one religion . 4. it is not true that in making this covenant they could have all those goodly things before their eyes , which they here boast off . vision is properly of things present ; the liberty and peace of england , & ireland could not be visible to them through the deplorable estate of the one , and the distressed estate of the other kingdome . but if they meant the phrase in a figurative sense , yet am i loath to beleeve they looked upon the glory of god , and the honour of his maiesty with the same eye . that they intended to make him a glorious god , in the same sense , they endeavour to make his majesty a glorious king . 5. it is not true that they did or could possibly call to minde the plots , attempts , and practices against the true religion , and professors thereof , which have been in all places ever since the reformation . it is now above sixscore yeers since luther first broke the ice , no doubt many plots have been against our religion , or the professors of it , some perhaps bare plots , stifled in the wombe , and never known but to the plotters ; others might come to the birth , attempts , and practices , but at such a distance of time and place that none of the covenanteers could be privy to them then , or were acquainted with them since ; either never committed to story , or those histories not now extant , or at least not read , no● observed , or forgotten by the covenanteers , who therefore cannot now call to minde the plots in all places ever since the reformation . 6. and if they have not done so , then is the succeeding position likewise false , they did not enter into this covenant after mature deliberation . surely two or e three dayes after the first proposall was too short a time to ripen such a deliberation . but if it must be held an essentiall marke of malignancy , not to swallow without chewing whatsoever is offered by such hands who pronounce the sentence by that law , qui dubitant , desciverant . if any one covenanteer be truly guilty of such a politique rashnesse , as to sweare upon trust , that others have maturely deliberated , though he have not , his default is sufficient to make all the rest lyars , who in that case cannot truly say , we of all sorts , calling to minde the plots in all places , resolved , after mature deliberation , sweare , &c. 7. if it were agreed , who are the greatest enemies of our religion , we should be better able to judge of the increase and exercise of their power and malice . vpon that principle which the scots have taught us , no unity in religion without unity in ecclesiasticall government ; we must conclude against the covenanteers , that they who sweare to extirpate the government are enemies to the religion of the church of england . but if they intend by enemies , the king and bishops , and other misnamed malignants , whom they traduce for an intention of subverting religion , it is a calumny , as void of truth as full of malice : nothing was ever denied by his majesty , or opposed by his followers , which might conduce to the settlement of the true reformed , protestant religion and if it be such a permanent truth , that when ever any man sweares this covenant , the power of these enemies is at that time encreased ; i wish they would consider what a strange enemy they have to deale with , who growes stronger by their opposition , qui saepiùs vinci potest , quàm illi vincere : and take heed they be not given up to incureable blindnesse and hardnesse of heart , that they cannot see , or will not acknowledge the hand of god working against them , and themselves fighting against god . 8. it is not true , that their supplications , remonstrances , protestations , and sufferings have been any meanes to preserve themselves or their religion from destruction . first , for supplications : we have not heard of any from ireland without effect , save such as are put upon the covenanteers score . nor have the scots been repulsed in any desires which concerned themselves ; it was their crime , which is our misery , they would needs be in alienâ republicâ curiosi . and such supplications as have been presented in the name of this kingdome , were either for fashions sake , desiring the kings consent to things they resolved to do without it ; and after the rejection of that gracious message of ianuary 20th , which might have prevented all those unreasonable demands insisted upon since , non ut assequerentur , sed causam seditioni . to send an army to present a petition , was a strange addresse of subjects to their king . nor need they impute their remonstrances of all the conceived errours in government , or their protestations to defend his person , accompanied with a f declaration against his syncerity in religion , and resolution to hazard their lives against him and his army , which the very next day they performed accordingly : but if supplications and sufferings were truly meanes , why do they not continue to supplicate , since they have no right to command ? why do they not ( like christians ) rather suffer still , then offer wrong ? rather submit to the lawes in force , then by violence compell their soveraigne to receive new ones from them ? 9 their resolution to enter into this league , for the preservation of themselves and their religion from utter ruine and destruction , implies a double untruth , that both they & it may be utterly destroyed . though our bodies and estates have been long exposed to the perill of destruction ; yet our soules are shot-free , we may take our saviours g word for it ; and animus cuj●sque est quisque . when pandora's box of feares and jealousies was first set open , we were told of dangers though we could see none then , save that it was certain ruine for any man to thinke he was not in danger ; but we have now too just cause to believe their predictions , who by that artifice got so much power into their hands as is sufficient to undoe the kingdome ; and by this covenant vow so much ob●tinacy as not to entertain any thoughts of peace till either that be done , or they perish in the worke : and if they shall , yet will their religion ( if it be that which they professe , the true protestant ) never faile , for magna est veritas & praevalebit : h the gates of hell shall not prevaile against it ; i it is founded upon a ro●ke , and all the enemies of god cannot overthrow it , k because it is of god . 10. the pretended truth of that which followes is obtruded upon the people to serve for a shooing-horne to draw on the covenant , which is falsly affirmed to be according to the commendable practice of these kingdomes in former times . the subjects of england neuer entered into a sworne covenant , such as this is , either amongst themselves , or with other nations . if the late rebells in ireland did any such thing , none but equall rebells will thinke their example worthy of commendation . so then , if neither england nor ireland ever did the like , t●en not these kingdomes . scotland onely remaines , the neare and neighbouring example whereof l master henderson proposeth to our covenanteers , as worthy their best observation , he would not say imitation : for examples are the weakest arguments ; and in matters of doubtfull right those that urge them commonly go beyond their copy . it is but a poore defence , societatem alieni criminis innocentiam vocare . nor will the late scots covenant 1538 , serve to justifie this now . for first , in relation to themselves , there is a great difference in the occasion then and now . their religion and liberties they then affirmed to be invaded ; now they cannot pretend any such matter . secondly , for the efficient cause , that covenant was made onely betwixt subjects of the same kingdome ; but this is a league amongst people of different countries and lawes . thirdly , that was not without some stampe of royall authority ; being alleadged to be the same for substance with the generall band , formerly subscribed and allowed by king iames 1580. and enjoyned by severall acts of councell and generall assembly 1581 , 1590. and to justifie their explanations upon it many acts of parliament were produced . but this is wholly contrary to the kings command , and some part of it against the whole current of english parliaments . fourthly , the maine matter in both , episcopacy , though it was supposed or suggested to be against law in scotland , yet was m not required to be abjected , but the practice of it forborne , and the matter referred to a free generall assembly . whereas here , though it be so deeply rooted in our lawes , that no man can tell what is law without it , it is vowed to be utterly extirpated , and that without the advice of the clergy in convocation , without a free convention of both houses in parliament , without his majesties assent or approbation . fiftly , for manner of prosecution , n the scots then professed to perswade , not enforce men to covenant ; disclaimed all threatnings , but of gods iudgements ; all violence , but of reason . whereas o now if their greatest peers doe post-pone or refuse to take this covenant , all their goods and rents must be confiscate , and their persons made incapeable of any benefit or office in the kingdome . lastly , the case in england and scotland is not now the same ; the edge of those lawes which were formerly urged against them , is taken off by a late p act of parliament . whereas our lawes stand yet in full force , and no man can be assured but the king may one day recover so much strength as to put them in execution . 11. the next assertion being equally false is equally destructive to the foundation of this covenant ; which is not ( as is affirmed ) according to the example of gods people in other nations ; which text if we expound by q m. hendersons comment , either of the israelites of old , or the protestants in germany and the low countries of later times , it will but serve to set out the ignorance or impudence of the contrivers . it is true , the iewes made many r covenants , but none like to this . for 1. all theirs were terminated within themselves ; they did not vow the reformation , much lesse extirpation of any common enemy , syrians or babylonians , of another nation or religion ; for which yet they might have a better colour then our brethren of scotland now have . 2. the object of their covenants was not like this of o●rs ; no pretended priviledges or disputable liberties in matter of state , nor any conjecturall fancies , or probable opinions in point of religion : but either an universall obedience to the whole law , or a more strict observance of such particular precepts , wherein they found themselves most defective . 3. no one of their covenants was ever sworne against the will of the magistrate , but alwayes at the personall command and example of their supreme , or at least subordinate rulers , not opposed but countenanced by the supreme . a circumstance which had it ever been omitted by them might have been thought lesse necessary , in regard the matter of their covenant was alwayes enjoyned by god himselfe . next , for germany , we must remember , that countrey is of a much distant constitution from the kingdome of england . many princes , and some cities there , doe not acknowledge the emperours supremacy , as we doe our kings ; yet never made any such covenant as this against him . the first and principall by the protestants at s smalcald , was not of sworne subjects against their soveraigne , but together with their princes , for mutuall defence onely , not to offend any . and their last covenant in the pacification at * passan , after much effusion of blood , and the ruine of many noble families , ended in this , that no man should be troubled for his religion , whether romanist or reformed . lastly , the highest straine that i meet with in any covenant made by the protestants in the low countries , is no more then this , t to defend themselves , and oppose the inquisition . the never vowed to extirpate either popery or prelacy , though the prelates were of a different religion : but in some of their u covenants bound themselves to preserve them ; and plead in their petitions for the expediency of toler●ting divers religions in the same state . nor can i but admire the confidence of that orator , who would impose upon his honourable and reverend auditors a thing so contrary to all experience , urging the example of those countries for extirpation , whose constant and continued practice in the toleration of all religions is almost without example . if this be not enough to disprove the truth of this ground , their owne writers , * m. henderson , m. nye , and m. x mocket , shall witnesse against it , who with one mouth confesse this covenant to be such a thing as they never read nor heard of , nor the world ever saw the like . it is not then according to the former practice of these kingdomes , nor the example of gods people in other nations . onely the holy league in france , which y some of our covenanteers so much disclaime , was so fully parallell to this in all circumstances , that if i had leasure to confront them , the reader would say , bithus and bacchius were not more alike . i could with a wet finger , out of the z authenticke histories of that league , derive the whole pedigree and progresse of this , and point out thence the maine heads and particular insinuations of such remonstrances and declarations as ushered this monster into the world . — sed spatiis disclusus iniquis praetereo . — chap. iii. the unlawfulnesse of this covenant in respect of the cause efficient ; as made by subjects against the will of their superiour , in such things as necessarily require his consent . having discovered the grounds of the covenant to be false , we may well presume the superstruction it selfe is rotten and ruinous ; as will more fully appeare upon a strict survey of all its causes and ingredients . first , in respect of the cause efficient , which is the parties covenanting , swearing , vowing , and inter-leaguing one with another , the unlawfulnesse of it does appeare in this , that it is made by such as are , or should be what they professe , subjects all living under one king , not onely without any leave obtained , or so much as once desired , but contrary to the known will , and expresse command of this their lawfull king ; and that in such matters whereto his consent and approbation is necessarily required ; without which they could neither lawfully take it at first , nor after his dislike is made known to them , ought they to persist in it , so as to hold themselves bound by it , though the matter of it were in it selfe otherwise just and good . for without controversie the parties covenanting , as to some parts of this oath , are as much subject to their supreme head , the king , as the daughter to her father , or the wife to her husband . i shall not here need to question whether the king be minor vniversis , it will serve the turne if he be maior singulis , for in this oath every man sweares for himselfe , as a private person , not in any publique capacity . if then by the a law of god , the vow of the daughter or wife was so farre in the power of the father or husband , that he might confirme or cancell it , as he pleased ; and god refused to accept of it from the woman , unlesse the man , to whom she was subject , did ratifie and allow it . vpon the same ground of subjection , though the matter vowed in this covenant were not otherwise unlawfull , yet being such wherein the parties vowing are and ought to be subject to the king , it is in his power to irritate their oath , to declare it void and null , and if they persist in it they sin . 2. this shewes the covenant to be unlawfully taken , but much more unlawfully obtruded upon others as a new solemne oath , which they have no authority to impose that do it . the same engine by which they dismounted the late canons , and di●charged that oath , will serve to fetch off any ordinance o● lords and commons commanding this , that a new oath cannot be imposed without an act of parliament , was a truth so undoubted by the two houses that they insist upon it twice in one lea●e of the same b declaration . their c petitioning his majesty to pas●e an act for establishing a new oath , and that he would be pleased to enter into a more strict allyance with some neighbour nations , are sufficient convictions of their want of authority in themselves either to impose a new oath upon the subjects of this kingdome , or to enter into a new league with those of another , unlesse the consent of his majesty be first obtained . 3. i● any private men , town , city , or county , may lawfully take this covenant of their own accord and free will● ( which is the way to ingratiate themselves the more ) then in other cases of the like kinde , they may at any time of their own accord , without any command from superiours , enter into a league of mutuall defence with other countries , and binde themselves by a solemne oath to performance . and then farewell , not onely the ancient authority of the king , but that moderne priviledge of parliament , which claimes , that d no county can binde it selfe without their consent . but if all the kingdome be therefore bound to take this new covenant , because it comes to them as commanded by the two houses , though there were no law for it before , then must all our histories be purged , all our law-bookes taught to speake another language , and all those declarations revoked , wherein the lords and commons of this parliament , so many e times disclaimed all power of making any new lawes without his majesties cons●nt . chap. iv. the matter of the covenant examined , and proved first to be against truth . next to the efficient , we shall survey the materiall cause of this oath , and allow it faire triall by the lawes of god and the land . if it be endited upon the text of ieremie 4.2 . it will be found guilty in the highest degree , as destitute of all those conditions required to a lawfull oath , truth , iudgement , and righteousnesse . for the first , though this be for the maine a promissory oath , to the formall truth whereof , as such , no more is required but that the meaning of the parties swearing be truly conformable to the words of their oath ; that they truly intend to performe what they sweare : yet is not the whole frame of it meerly promissory ; some assertions are interwoven , either actuall or virtuall , by way of implication : which may be justly suspected for want of truth ; and i● that be proved upon any one of them , all the covenanteers are , ipso facto , guilty of perjury . i shall but point at some particulars . i. those words wherein they swear the preservation of religion in the church of scotland , do imply that the religion of that church is in all the particulars there mentioned , doctrine , worship , discipline , and government , according to the word of god . which is justly doubtfull in some , and flatly false in others . 1. the doctrine of that church , so farre as it is distinct from their opinions concerning discipline and government , and other matters of practice , i have no purpose to quarrell . i acknowledge the ancient articles of their publique confession for true ; but if by doctrine they understand all the modern explanations and other doctrinall positions which have issued from their generall as●emblies in later times , i could bring more instances and more objections against the truth of these doctrines , then i know how to answer . but i forbear to make the wound wider then necessity requires . 2. as touching their manner of worship , if we should deny , they would be hard put to it , to prove those formes which they use in marriage , baptisme , the lords supper , publique prayer , preaching , catechizing , and other of gods ordinances to be according to his word . 3. much lesse their discipline and government , by classes and assemblies , higher and lower , which they pretend to be iure divino and perpetuall . some of their ablest scholars have acknowledged their moveable temporary deacons , not to be consonant to divine institution . and , if we might be admitted to argue before equall judges , we should go near to prove as much against their ruling elders , which first justled the superintendents , and since the bishops out of that church . if they will submit to that rule , the presbytery , in scripture , must submit to episcopacy : that at best was but a delegacy under the apostles , who were in right the primitive bishops , and from whom ours challeng by undeniable succession . ii. when they swear the reformation of religion in england in doctrine , as well as discipline , according to the wo●d of god ; they falsly imply that our doctrine is erroneus , and not according to the word . which though it be scandalous to us , is advantageous to the covenanteers . the articles of our church most true in themselves , cannot be wire-drawne and forced to comply with their designes , and therefore no wonder if they desire to have them altered . they must therefore set the diall by the clock , and seeing the present doctrine of the kingdome condemnes their practice and opinions , they must so farre reforme it , that it shall not contradict them . when a new assembly of divines must be convented , to tell the people such things are according to the word of god , which all men knew to be contrary to the law of the land , seeing the royall assent could not be obteined to authorize a convention of such persons , and in such an uncouth illegall way as was desired , it was inavoydably necessary , that the doctrine of our church in the 21. article should be reformed , which teacheth , that councells may not be gathered together , without the commandment and will of princes . when they are resolved to extort those rights from their soveraigne by force , which he is unwilling to part with upon entreaty , then 't is fit the 35. article be reformed , which confirmes the homily against rebellion , as containing godly and wholesome doctrine , and necessary for these times . in truth never so necessary for any times as these , the like whereof england never saw before . when they have vowed the extirpation of episcopall government , root and branch , is it not high time to reforme the 32. article which talks of bishops , priests and deacons : much more the 36. which addes arch-bishops , and confirmes the book of consecration and ordination ? when that doctrine must be instilled into the people , that the king is no more then the prince of orange , or the duke of venice , onely maior singulis but minor universis , and that when his command● and those of one or both houses are different , theirs must and ought to be obeyed , as with whom the suprem power doth reside ; then surely a reformation of the 37. article is indispensably and eminently necessary , by which the subjects have been led into that dangerous and deadly heresie , that has cost so many thousand lives , that the kings maiesty hath the chiefe power in this realm of england , unto whom the chiefe government of all ( not onely particular persons , but ) estates of this realm , whether they be ecclesiasticall or civill , ( not in some cases onely , but ) in all causes doth appertain . lastly , when they were to take such an oath as this , without the consent and against the command of the magistrate , so utterly destitute of all the conditions required to a lawfull oath , they could do no lesse then reforme the 39. article , which requires those conditions . so that it cannot be denyed , but they have strong inducements to reforme the doctrine , as well as the discipline and government of england ; and as they vow them both in one clause , so perhaps they intend them both in one sense ; the reformation of doctrine as well as government must be a totall extirpation of branch and root ; we must not have one chip left of the old block . iii. their swearing the first article to this end , that they may live in faith , and that the lord may be one amongst them , implies that before , and at the time of their entrance into this covenan● , they neither lived in faith , and so were infidels ; nor was the lord one amongst them , and so without god in the world ; which i hope is not true . but if faith be here taken for obedience , ( as sometimes it is ) or for an assent to the truth of that doctrine which is a acknowledged by the world for the confession of faith of the church of england : so i grant their late and present demeanour i● a sufficient demonstration , they have not lived in that faith . and i confesse we have been told in effect by some of their fore-runners , that the lord is not one where prelacy is not extirpate . b that the true church of christ consisteth of saints , covenanted with god and themselves , having power to christ and all his ordinances ; which the assemblies of england want ; being violently compel'd to submit to another christ of the bishops devising ; and so are no true church . for the true visible church is but one , as the baptisme but one , and the lord but one , iohn 10. 16. this was the scandalous imputation of the brownists upon our church , in the beginning of their separation ; and it is shame and misery we should live to see it confirmed by a solemne oath . iv. when they sweare in the second article to extirpate prelacy , and that for this end , least they be partakers in other mens sins ; this implyes not onely that episcopacy is a sin , which is an errant untruth ; but that if they should not labour for the extirpation of it in such a violent manner as they doe , they should be guilty of that sinne . this conceit was the maine ground of separation both to the ancient donatists and our moderne brownists ; they both imagined , that if the church be any way stained with corruption in doctrine or discipline , her communion is hatefull and defiled , and that whosoever joynes with her is c partaker of her sins , and so in danger of her plagues . which is certainly false ; our saviour did not partake in the sinnes of the iewes , yet he did communicate with them . so long as we neither command nor counsell a ●inne to be done , nor consent to the doeing of it , nor commend it when it is done , but barely permit it ( though it be naturally , yet if it be not legally in our power to hinder it ) we are no way guilty of it . god himsel●e does permit sinne without sinne . and if any man will be a reformer without a commission , he must look to be checked with a quis requisivit ? israell sinned not by staying in aegypt , nor lot by remaining in sodom , till the lord sent moses to call them , and the angell to fetch him out . it was their affliction , but not their fault to see those unrighteous dealings of their neighbours , which did vex but not pollute their righteous soules . all sinne is to be avoyded , but not by all meanes ; some are possible which are not lawfull . death is a certaine cure for all distempers , but a man may not kill himselfe to avoyd intemperance ; nor make away his children in their infancy to prevent the sinnes of their age . the president of the new assembly with his twenty assistant brethren have published some truthes in this argument which might have been of singular use had they come in time , sufficient to stop that current of blood which has flowed from other principles then that which they now preach to others but doe not practice themselves . d they tell their more zealous brethren , who ( having conspired with them to extirpate this government , and sworne every man to goe before another in the example of a reall reformation ) begin to gather themselves into church societies , although it be the duty of all the servants of christ to keep themselves alwayes pure from corruption in religion , and to endeavour in an orderly way the reformation of it , yet it is an undoubted maxime that it belongs to christian magistrates in an especiall manner to be authorizers of such a reformation . if this maxime had been as well followed as it was knowne , we had never had a rebellion to make way for a reformation . how can they without blushing talke of an orderly way to others , who know their call and sitting to reforme where they doe is altogether disorderly ? but suppose the sins of government did involve every one of our nation in a common guilt ; what is this to the scots ? though israell offend no necessity that iudah should sin . they may have sin● enough of their owne to reckon for , though they should not sweare that those of another kingdome shall be put upon their score : and yet they doe it , by vowing to extirpate bishops , &c. least they be partakers in other mens sinnes . v. that which they have undertaken to maintaine is not truly called in the sixt article , the common cause of religion , liberties , and peace of the kingdomes . the many sects and different opinions among the covenanteers , and the reiterated desires of the scots for unity in religion , abundantly prove that the same religion is not common to them all . and de facto the religion , peace and liberties of england and ireland have been disturbed , when the scots enjoyed all theirs without opposition ; and may doe so still , unlesse they will thrust their fingers into the fire when they need not . the cause of one kingdome is not common to another though they be in subjection to the same king . philip the second , might have done well to grant a toleration to the protestants in the low countries , though he had resolved never to allow the like in spaine . and his majesty , by reason of his necessary absence from thence , may have granted some liberties to scotland , which if he should doe in england would be in e disherison to the crowne . vi . in the last article , they professe and declare to the world their unfeigned desire to be humbled for their owne sinnes . which profession the world , that sees onely their actions , will ●carce admit to be true . for it may well be conceived that the chiefe heads among the covenanteers are the same that projected the nineteene propositions , whence the world will conclude rather an ambitious desire in them to be exalted , then any unfeigned desire to be humbled . besides , it is not unknowne to the world that , among other sects which swarme in that great city where the covenant is so generally taken , the antinomians for number are not contemptible , of whose creed this is a fundamentall article , that god sees no sinne in his elect , such as they take themselves to be ; and they would think it a derogation to the satisfaction of christ should they be guilty of an unfeigned desire to be humbled for their sinnes : if any thus opinionated have taken this covenant , he makes the rest lyars as well as himselfe . vii . lastly , though it cannot be denyed , but the present distresses and dangers of these kingdomes are the fruits of their sinnes , yet to unde●take ( as they here doe ) to determine for what sinne● in particular god is pleased to inflict these iudgements upon us , is an act of state proper for such as are of councell to the almighty , and should not be avowed by a solemne oath , without a speciall warrant by revelation . besides , i doe not find such a harmony betwixt this confession of sinnes here , and that formerly published in the f ordinance for humiliation . and it is not long since the assembly informed their two houses , that impunity was the cause of those reigning sinnes , incest , adultery , fornication , blasphemy , &c. but they forbore to tell us who were the cause of that impunity ; were not they who pulled downe those courts where such sinnes were punishable ? amongst other provoking sinnes they make this one , that we have not laboured as we ought for the purity of the gospell . i am affraid there is a bad designe lurks under these good words , which the covenanters are now in labour of ; probably the introducing of the long agoe pretended holy discipline , or some like monster already christened before it be borne , by the name of purity and reformation . if so , then is it false , that the not labouring for such a purity is any cause of our present distresse . for in all queene elizabeth and king iames his reigne and the first fifteene years of king charles , for fourescore years together , though we wanted this pretended purity , yet we wanted not the happinesse of a blessed peace . which in the iudgement of our g english solomon is a strong evidence , that god was well pleased with that forme of religion established by law . yet was he informed then , as queene elizabeth had been before , by the frivolous suggestions of some light spirits , of divers errours both in doctrine and discipline , which stood in need of reformation . nor did we ever groane under the heavy hand of god , as at this day , till men of like humours upon the same grounds , have reenforced those opinions by the sword , which their predecessours failed to make good by discourse . these things if they be not all formally false , because in some sense they may be true ; yet being not certainly true , they are all guilty of a virtuall falshood , because in some sense they are false : and seeing no man can know in what sense he ought to sweare them now , or shall be required upon his oath to beleeve them hereafter , he cannot therefore sweare them in truth and iudgement . chap. v. that this covenant , by reason of the many ambiguityes in it , especially this , who shall be the authentique interpreter of it , cannot be sworne in judgement . i. every oath ought to be conceived in such familiar language as may be least obnoxious to misconstruction ; and though few or none can be so voyd of obscurity , but a man , disposed to quarrell with words , may easily finde himselfe matter to work upon . yet in other oathes , all doubts of this nature may be quickly removed : for when a vow or an oath is taken by any man of his owne accord , he knowes in what sense he meant it at the time of emission , and in that he is bound to make it good . but when an oath is imposed by the authority of another , the taker is bound in that sense which the impo●er meant it , so as it be not repugnant to the ordinary signification of the words , and such as may rationally be presumed to be intended by that authority . but if any man shall conceive the words of an oath to be meant by the imposer in such a sense as he would not willingly swear , but can frame to himselfe a different construction of them , according to which onely he will take the oath and resolves to be bound by it : this will no more excuse him from perjury , then if he should make all the vowes , and take all the oathes in the world , with an actuall intention not to be bound by any of them ; which is utterly contrary to the nature of all of them . ii. vpon these premises , i infer that the present covenant cannot be sworne in judgement ; not so much because it is clogged with many doubtfull clauses , which may be common to it with other oathes , as because it is infested with this one fundamentall doubt proper to it selfe , who sh●ll be the authentique expositor of it . it should seem here in england , by their way of proposall at first , not commanding it by ordinance● but recommending it by their owne example , and a requiring the ministers to explain it to the people , that the members at westminster desired it should be a free vow , and then every covenanter must be his owne interpreter , not withstanding the many inconveniences that must ensue upon it . for every man abounding in his owne sense , instead of swearing union , they shall sweare division ; and by their vow to preserve all such as take the covenant in the same words , they shall be obliged to destroy all such as take it in a contrary sense to themselves . but if this be an oath imposed by the authority of the remaining members at westminster for england , the convention of estates for scotland , and i know not who for ireland , the clearing of all doubts must in equity depend upon the imposers intentions . this ministers occasion to many other doubts : as first , whether the states in scotland and ours of england did not at first intend some materiall clauses in severall senses , and whether hereafter their expositions may not interferre , and neither being superiour to other , what must be done ? secondly , whether all the members of both or either house in england , nay , whether the greater part of them , did upon the taking of the covenant , concur in the same sense ; if not , it cannot be any way obligatory as according to the sense of the houses . thirdly , if there were a full agreement of the major part present in the same sense at the first taking , yet hereafter , when they shall come to expounding , the major part then may declare themselves in an other sense then was first intended ; for either some other members may come in by that time , and concurring with the now minor , make a maior part ; or some of the present maior part may dye , or be removed , or be absent , or alter their opinions , and so vary the sense of the houses , especially in that great businesse of reformation in doctrine and government , con●erning which , neither the two houses nor their assistant divines● as themselves b confesse , are yet agreed . fourthly , if it shall hereafter appeare that the major part at the time of their taking and imposing this oath did understand it in one sense , and the major part at the time of declaring shall expound it in another , it must be doubted in whether sense it shall be obligatory . and lastly , if the greater part of lords shall declare it in one sense , and the greater part of the commons in another , whose declaration must carry it . vpon the resolution of these doubts it will appeare , that many well meaning covenan●eers , whiles they laboured for such a reformation as themselves conceived to be according to gods word , were zealously perjured , by not endeavouring it in that sense which the houses will declare was onely intended . iii. this maine doubt being premi●ed , which has an influence upon all the rest , i shall onely mention such others as i am perswaded the chiefe covenanteers themselves are not agreed upon . where first i conceive in the top branch of this covenant , it is not onely doubtfull wherein the doctrine and discipline of scotland consists , which are here sworne to be preserved , but how farre the preservation of them is intended ; and who are meant by common enemies . since the ancient confession of that church has been so much improved by moderne explanations , and all these confirmed by a nationall oath ; since their discipline is such a mystery that many of themselves are not fully agreed upon it ; since their first and second book of discipline contain severall platformes , and the contents of those foure volumes of the acts of generall assemblies ratified at glasgow , are not yet published , it is a hard case that any man should be forced to sweare to preserve what no body knowes . iv. next , i cannot tell where to ●ix that character of common enemies , which master hend●rson obscurely paraphraseth syrians and babylonians ; c and master nye more expresse , but not more satisfactory , tells us that popery and prelacy are the chiefe . for considering church government in england and ireland is by episcopacy , and that of scotland by the presbytery , this covenant being supposed to be taken by all the three kingdomes , it followes that neither papists nor prelates are enemies to both governments , who stifly maintain the one to be of divine or apostolicall institution ; but the separatists are common enemies , who hold a distinct forme of pastorall and independent government to be ●niversally enjoyned by the word of god , and both episcopacy and presbytery to be humane inventions and antichristian . v. i am sorry i should be forced to question what is meant in the next clause by the doctrine , worship , discipline , and government of england . whether that which has been constantly avowed by this church , and accepted for such by other nations . or if that government be already abolished by the votes of both houses ; if the life and soule of that discipline be taken from it by new expositions made upon the late act for taking away the high commission ; if that forme of publique worship , the book of common prayer be suspended by an order , if the ancient doctrin● be already altered in part or in whole by the extemporary declarations of an upstart assembly ; if these declarations , that order , those expositions , those votes be indeed binding to this whole kingdome ( as the covenanteers pretend they are ) it will be impossible for them or any man to affirme what is now the doctrine , worship , government , and discipline of the kingdome of england ; there being no generall forme left in which the kingdome is any way required , or supposed to agree , and the particular formes may be as many and different as the persons and opinions of the reformers . vi . those words following , [ according to the word of god ] are in themselves very materiall , and the misapplication of them is a matter of great consequence . i doubt whether they ought to be restrained to the clause immediately foregoing , touching reformation of religion in england and ireland ; or , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , they must be extended to the preservation of religion in scotland too , and so every covenanteer be bound to maintain that the scotch discipline & church government is according to the word of god . i am confident the scots themselves do now intend them , and will hereafter expound them in this sense ; and i raise that confidence upon these reasons . first , because the generall d assembly that church , with the assent and concurrence of the e lords of secret councell in that kingdome , have declared to our two houses , that their kirke-goverment by assemblies , higher and lower , is jure divino , and perpetuall . secondly , because in that forme of this covenant which came from scotland , the words ran thus , preservation of religion in the church of scotland , in doctrine , worship , discipline , and government according to the word of god . now upon the other part there is equall reason to believe , that not onely many particular english covenanteers , as possessed with an opinion of another government , but that our lords and commons at westminster do not in this point concurre with the sense of the scots . for first , they f declare ( in answer to that declaration of scotland ) that one forme of church government will hardly be obtained in all his majesties dominions , unlesse some way might be found for a mutuall debate in framing that one forme . whence it must be collected that the forme they aime at is not yet framed , and therefore not that which the scots practise . secondly , their reforming that draught of the covenant agreed upon in scotland , and reducing that clause , [ according to the word of god ] to a more proper place , and swearing in their new project of reformation , to have an eye not onely to gods word , but to the example of other reformed churches , without any expression of , or restriction to that of scotland , do perswade with me , that ou●english covenanteers do not conceive the scotish discipline and kirk-government to be according to the word of god . vii . their vow to extirpate whatsoever shall be found contrary to sound doctrine and the power of godlinesse , points at some new discovery not yet made ; i would be resolved who are designed for that inquisition ; how farre their commission shall extend , and by what rules they must pronounce , what doctrines are sound , what rotten , what they must take to be contrary to the power of godlinesse , what not . if bishops be upon the file , either because some have too much enlarged the philacteries of their authority , or have been otherwise personally faulty ; or , because superiority and distinction of degrees amongst the clergy are discovered already to be contrary to found doctrine and the power of godlinesse : the same grand enquest of middlesex which found the bill against episcopacy may impannell hereafter , and upon the same evidence finde against magistracy . the same arguments which set the rooters on worke , will finde them more employment when this is done ; when their hands are once in , they may proceed for a through reformation to extirpate all civill superiority all distinction of lords and gentlemen . they who put these reasons into the mouthes , and that power into the hands of so many knowne anabaptists , may be too weake to wrest it from them when their owne turne is served . viii . in the third article , i bulke the priviledges of parliament , so mysterious and intricat as no man dare undertake to state them truely , and onely take notice of that passage , where they swear to preserve and defend the kings person and authority , in the preservation and defence of the true religion , and liberties of the kingdomes . if his authority were as well knowne as his person , yet might it well be doubted , how farre these words intend the preservation of one or other . g mr ward ( in behalfe of the covenanteers ) gives two expo●itions of them for surenesse ; either that we sweare to defend his person and authority , so long as he defends our religion and liberties . ( which is not so much as they sweare to doe for any ordinary person that takes this covenant . for they vow in the sixt article , absolutely , to defend all those ; but here they undertake no more then barely to endeavour to defend the king . ) or secondly , that in defending rel●gion and liberties we do defend his maiesties person , and authority ; yet may it so fall out , that what they doe , or intend for his defence may truely tend to his destruction . and this we must confesse is not common to his majesty with the rest of his people ; who ( as it seemes ) has these two prerogatives left yet unquestioned , that as the kings commands , and none but his , may be disobeyed by the kings authority , so his sacred person , and onely his , may be destroyed in his owne defence . ix . it is further to be observed in the frame of this oath , that contrary to the method of the generall protestation , the priviledges of parliament ( what ever they be ) have got precedency of his majesties person ; which alteration surely was not without cause . it is therefore a doubt very necessary to be resolved , when the certaine safety of the kings person comes in competition with any of their reall or pretended priviledges , which is to be preferred ? whether by this oath they are not bound in such a case rather to suffer his person to perish , or actually to destroy him , then violate any such priviledge , or leave it unpreserved . x. i likewise doubt what manner o●liberties those are which the covenanters ayme at , seeing they have never yet claimed any , as due by law , which were denied them . i meet with a new word much in request of late in some scottish papers , the states ; and though it hath been naturalized by act of parliament in england , i am not yet willing to understand it . when our men would caresse the united provinces , they apply the word to this kingdome ; and tell those high and mighty lords , when they complain of that assistance which his majesty received from thence , h we cannot beleive it was done by any direction from their lordships . neither can we think that they will be forward in helping to make us slaves , who have been usefull and assistant in making them freemen . whence we may well be jealous ●●at by liberties of the kingdomes they intend no lesse then those of the low countries ; and till they can attaine to be such free-states , in their owne opinion they are no better then slaves . xi . when they make it a part of their oath to bring all malignants to such punishment as the supream iudicatories of both kingdomes respectively shall iudge convenient , it should seem they have lost a kingdome already , for {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} they begun with three kingdomes , and now here are but two left . i will suppose england to be one ; and here it will be a grand doubt to determine which is the supream iudicatory . i whether in some case● the kings ordinary courts of iustice be not supreme . whether the house of commons be a iudicatory at all . k whether the house of lords be in all cases . whether , if they differ in their judgement , eit●er of them be supreme , ( and which that is ) or both , or neither . whether , if they should both concur , in matters of universall concernment to the whole kingdome , without or against the king , they ought to be reputed supreme . whether if his majesty should concur with them , in things concerning reformation of religion , ( the maine businesse of this covenant ) the joynt assent of the l clergy be not regularly required by the lawes of this kingdome . if this one question about the supreme iudicatory were rightly stated , perhaps all other doubts would not be tanti . but this still depending , we are left to uncertaine resolutions for all the rest . xii . in the close of the covenant it is very uncertaine who they meane by those other churches groaning under the yoake of antichristian tyranny . surely none more than those of the romish religion , who acknowledge the popes supremacy . yet master m henderson applies it rather to other reformed churches , which ( as he sayes ) when they shall heare of this blessed conjunction , it will be no other than the beginning of a iubile and ioyfull deliverance unto them from the antichristian yoake of tyranny . who those reformed churches are , i professe i do not yet understand , unlesse that civill dominion which their naturall princes of the popish religion exercise over them , be reputed by the covenanteers a yoake of antichristian tyranny . chap. vi . that the performance of sundry clauses in this covenant , cannot be without grand inconvenience , or injustice . right reason will dictate that we ought not to make such a promise as cannot be performed without manifest inconvenience ; and religion will adde , that it were a sin in such cases to binde our selves by a solemne oath . many things in this covenant though they be not simply impossible , nor absolutely unjust●in toto genere , yet in many cases they may prove to be so , and therefore cannot be sworne in righteousnesse and judgement . if i make good this charge against it , then must it be acknowledged a rash , indiscreet , and therefore a sinfull vow . i. if a quite different forme of church-government from that of scotland be approved by the word , or at least conceived to be so , then all such as are so conceited ( as amongst the covenanteers not a few ) cannot with a safe conscience sweare to preserve that government in any church , which they are perswaded is not according , but contrary to the word of god . again , the discipline and manner of worship used in scotland , are not onely alterable in themselves , but confessed to be so by the a doctrine of that church : therefore it is unlawfull to sweare to preserve them by a solemne oath , which might be majoris boni impeditivum . this inference will be no newes to the house of commons ; it was urged with much vehemence , and heard with approbation against the late oath enjoyned by the canons . b my authour concludes by a dilemma , that whosoever takes such an oath , inavoidably falls upon a rocke of perjury ; either for saving his oath he must deny obedience to the king , or by obeying the king he must breake his oath . master nathaniel fiennes a better oratour than souldier , upon the same argument discourseth thus , c it is against the law and light of nature that a man should sweare never to consent to alter ( that is not so much as the covenan●eers here ●weare constantly to endeavour to preserve ) a thing which in its own nature is alterable , and may prove inconvenient , and fit to be altered . and in case the scots should thinke fit , upon any occasion to alter some parts of their discipline , or ceremonies in their worship , whether must our english and irish covenanteers endeavour to resist any such alteration , or sit still and let them take their course , holding the scotish per●ury sufficient excuse their own ? ii. when they sweare to cut out their intended platforme of reformation by a double patterne , first of gods word , and then of the best reformed churches , the latter might have been well spared , it was added without any necessity , but not without much inconvenience . for suppose there were two best reformed ( as certainly lesse than two cannot pretend to the name of churches ) which must they conforme to ? of if there be but one best , how shall they know which it is ? if discipline hold the same course with doctrine , and must be prescribed by gods word , more than one forme cannot be admitted . there may be many errours , but one truth ; many by-wayes , but one right . but if in discipline and worship for certain , and perhaps in some things concerning government too , the scripture have not so fully and evidently defined , but some doubts are left which require a further determination . who shall be iudges in this case ? must we sit upon all other churches , and pronounce against them , uncalled , unheard ? or , seeing it is a point wherein they are all equally concerned , shall they be equally admitted to vote with us ? and when they are all met , at least by their delegates , shall it be referred to most voyces to determine , which church is best reformed ? then what if some two or three , nay , what if all have equall voyces , each delegacy voting for their own church , as it is most likely they will , who shall have the casting voyce ? we are now where we begun , unlesse haply the irish church will sit down to english , and so we may carry it by a double vote . or rather shall that church be taken for the best reformed upon whom the most second voyces do concurre , the first being commonly the childe of affection , but the second the off-spring of judgement ? so , not improbable but our church might carry it again , for i could produce t●e testimonies of many authours of best note in other reformed churches , very liberall in their commendation both of the doctrine and government of the church of england . or if it were a thing easily to be agreed upon which , church is the best reformed , it might not be fit to sweare conformity to that example : the best that is , is not the best that may be . the best existent may have some errours as well as faults , and therefore no absolute patterne for reformation . what is best to another church , may not be best for us . what is best for our time and place , is not so for another . no necessity then to reforme according to the best example , if it were agreed upon . and till it be so , it had been best for us , these troubles excepted , to stay where we were . i conceive the reason of this addition ( wherein they go lesse , having before sworne to reforme according to gods word , afterwards sweare to do it according to the example of other churches ) to have proceeded from the scots , who having no better plea from gods word than others , will yet challenge our covenanteers upon this clause to declare them the best reformed church , or otherwise why did they abjure their own , and sweare to preserve the scotish church government ? which though it be none of the best , yet our men have thus farre followed the scotish example , not of any other reformed church . some want bishops , because they cannot tell how to have them , their princes being of a different religion , wil allow none but of their own . some enjoy the thing under another name of superintendents . some are willingly without them , because settled in such a government as they finde most suitable with a popular state , and dare not venter upon a change . but i have not heard of any church , the scotish excepted , which ever cast out her bishops by violence , if they were of the same religion , and vowed to root them out by the sword , contrary to the law and command of the supreme magistrate . if scotland be not in this an example to our men ( as some of their apologetiques profe●se they are not ) then i am confident , this course of reformation is without example in the sight of men , i wish it be not without excuse in the eye● of god . iii. in the next clause i doubt the scots have put another slurre upon the rest of our covenanteers , who having got them first to sweare the preservation of the doctrine , worship , discipline , and government in the church of scotland , have induced them since to vow their endeavours to bring the churches of god in the three kingdomes to the nearest coniunction and uniformity in all these particulars . for there being no meanes imaginable by which this nearest coniu●ction may be obtained , but either by a mutuall condescension of all the three churches , or an absolute submission of some two to the third : all hopes of condescending in scotland , by the former part of the oath , being taken away , it remaines that the other two must totally sit down and submit to the scots . onely endeavour fully to informe themselves what the doctrine , worship , discipline , and government of the scotish kirke is , and then they have no more to do , but conforme to it . againe , though a tolerable uniformity in all the three kingdomes were much to be wished , and by all lawfull meanes to be endeavoured ; yet the very nearest coniunction is not fit to be sworne . that excludes all variety , not onely in confession of faith , and forme of ecclesiasticall government , but in rites of worship , and rules of catechizing ; for if any difference be admitted , the conjunction is not simply nearest . nor perhaps is such an absolute uniformity morally possible . all men will never be of one minde : and the●efore a mutuall toleration in some things may conduce more to the preservation of the church than a violent conformity . the apostles times had their differences ; and so long as we hold to one immoveable , irreformable rule of faith ( as tertullian calls that short creed ) cat●ra iam disciplin● & conversationis , admittunt novitatem correctionis . and if the nearest coniunction be not possible , sure it is not nece●sary , i● it were so , the scripture , which is not deficient in necessaries , would not onely have proposed fitting directories , but prescribed set formes unto us , and limited the times , places , and manner of worship . which our saviour has not done , being willing ( as it seemes ) to leave every church at liberty to consult with her owne occasions or necessities , and accordingly to constitute as she should finde in christian prudence to be most convenient for the exegency of the times , disposition of the place , and temper of the people . the use of which liberty , we have both practised our selves , and allowed in other churches . it must here be remembred that this very thing which is now sworne , to bring all the kingdomes to an uniformity , is nothing else for substance then what was intended by king iames , and attempted by king charles ; and that upon better grounds then now it is : they having both more authority to enjoyne it , then the present covenanteers can justly challenge ; and presuming to meet with lesse opposition , then these have found . for , whatsoever have been declared since , the businesse which these two princes went about , ( to settle episcopacy , and a common forme of worship and discipline in scotland conformable to those in england and ireland , ) was not at first affirmed by any to be so destructive to the lawes and liberties of that kingdome , as the now intended alteration is knowne to be against the lawes of england and ireland . iv. if the rights and priviledges of parliament were once truely stated , which are here sworne to be defended with lives and estates , we must be able to make a clearer judgement of the lawfulnesse of this oath , as to that particular . bu● this being a taske which we neither dare undertake , nor can go through with , it will be sufficient , and perhaps not impertinent , if we wave the two other kingdomes , and take a short view of some few particular priviledges pretended to be due to the parliament of england , and see whether they be such as the subjects ought to sweare the preservation of them , before that of his majesties person , and the publique liberties . 1. as a councell they d challenge the priviledge to be advised with in all the great affaires of church and state : whereas their writ calls them onely to consult de quibusdam arduis . and his majesty is accused for breach of priviledge , because he did not aske their advice in some such things . yet sometimes e he desired it so much , till his importunity was voted a breach of priviledge . here he is in a hard strait , like that in the oracle , si fecero peribo ; si non-fecero , vapulabo . not desire advice , and break priviledge ; desire it , and breake priviledge too . 2. a vote is passed in ianuary f tha●to arrest or detaine any member of the commons house , without first acquainting tha● house , and receiving order from thence , is such a breach of priviledge as must be vindicated with life and fortunes . and yet a g declaration is issued in november following , that in those very cases which were formerly in controversie , any member may be arrested by the ordinary ministers of iustice , and detained in sa●e custody , till he may be brought to the parliament . it will conc●rne the serjeants to be informed in what moneths this priviledge i● in season , and when it goes out . 3. another h declaration speakes in this manner , though the priviledges of parliament doe not extend to treason , felony , and breach of the peace , so as to exempt the members of parliament from punishment nor from all manner of processe and tryall , as it doth in other cases . from these last words we must inferre , that in case of incest , adultery , fornication , idolatry , sacriledge , blasphemy , schisme , heresie , popery , perjury , or what you will besides the three excepted particulars , the members of parliament may sinne cum privilegio , they are exempted from all manner of processe and tryall . 4. i do not know the mysteries of some priviledges , why they are ambitious to entertaine treaties with forraigne states , but when his majesty desires the like , it should be answered , i we cannot doe it by the fundamentall priviledge of parliament . why the people may take notice of their proceedings , but his majesty may not without k a high breach of priviledge , minde them of him who said he was not worthy to be king . why the meanest subjects should be admitted to give in their reasons against established lawes and desires of alteration ; and the king be l accused for breach of priviledge , for desiring them to retract a privat order , as contrary to an expresse act of parliament . why in sir iohn hothams case all m interception of letters to the parliament should be such a high breach of priviledge ; and now his majesty cannot send a letter but shall be intercepted , nor a messenger to them but shall be imprisoned , if not executed by their commands . 5. it is a new peece of law , which our predecessors were ignorant of , that all acts and agreements made by any private companies or corporations , by any parish or county , nay by any particular person● , are of no further force in law then they are confirmed by parliament : and that to make any such till the two houses be first accquainted , and their consent obtained , n is an entrenching upon that peculiar priviledge of parliament , to binde all or any part of the kingdome . this was the ground upon which they cancelled those agreements made by the lord farefax in yorkshire , and the like by their adherents in cheshire ; and declared that they who made them were not bound by them . 6. the number of priviledges in this kinde may be infinite● yet we shall be able to set bounds to the measure of them by their owne declarations . where first the kings comming to the house of commons is o affirmed to be the greatest violation of priviledge that ever was attempted . secondly , his wishing he had no cause to absent himselfe from white-hall is p taken as the greatest breach of priviledge of parliament that can be offered . and therefore the former must needs be lesse : and if there can be none greater , what shall we think of those many lesser , which have made a greater noy●e ? let the reader say , if he make any conscience of his life , or have any care of his estate , or beare any allegiance to hi● majesties person , or any reverence to his authority , or have any considerable portion in the publique liberty , whether he can willingly , according to the tenour of this covenan● , sacrifice his life and liberty , his soule and estate to the preservation of all and every of these priviledges , and perhaps thousands more which are not yet declared , so as to preferre the least of them before the preservation of the common liberty , his majesties person and authority . for so it is declared , q that the kings authority and person can be no way maintained , bu● by upholding the power and priviledges of parliament . v. that passage where they sweare the discovery of all such as have been or shall be malignants , &c. carries with it a probable injustice and certaine inconvenience . for it engageth every covenanteer not onely to be a common delator and accuser of his brethren , but even of himselfe too , if he ever were or shall be any way guilty . the old oath ex officio , so long cryed out upon as unnaturall and injust that it was thought fit to be abolished by an r act made this parliament , was not halfe so bad as this new oath is . for by this a man sweares to discover himselfe , though there be no common fame against him , never any suspition of him , though no iudge ever question him , no other person accuse him , though he be now reformed and have altered his resolution , yet if he was ever peccant , he is bound by this oath to discover himselfe , that he may come to his tryall , and so receive condign● punishment . vi . that last clause to bring all to publique triall , that they may receive condigne punishment , carries fire in the taile of it , sufficient to consume the better halfe of the kingdome . it is but a small matter to tell their souldiers , that if they deny quarter to any malignants in his majesties army , they are guilty of perjury by anticipating that tryall , which by this oath they shall be brought to . i shall rather apply my selfe to the lords and commons at westminster , who have already passed sentence , s that all such persons , as upon any pretence whatsoever , assist his majesty in this warre , with horse , armes , plate , or mony , are traitors , unparalleld traitors ; and ought to suffer as traitors , and their punishment is here vowed , as it was before threatened to be , speedy and exemplary . how the king of denmarke , or the prince of orange will escape does lesse trouble me ; then to see the sworne cruelty of these covenanters , who have vowed the hanging of the greater part of this kingdome , and without any hope of mercy or pardon . if it were to be doubted which party were guilty of treason , those whom the king hath proclaime● , or whom these votes have declared , yet this is out of question , that many who sometimes assisted the one , are now turned to the other side ; many yet perhaps assist that party with money , to which they are lesse cordially inclined ; if all these , as they are declared traitors for so doing t upon whatsoever pretence they did it , must suffer the condigne punishment of traitors , the covenanteers will have as little comfort in the payment of this vow , as iephta had in his . if the city be not startled at this consequence , yet for pities sake to their poore friends in the countrey , who have payed contributions to his majesties army , let them put on some bowels of compassion ; let not judgement so farre triumph over mercy , as to vow nothing but punishment , no pardon . why should they devote that little blood to the axe or the halter , which the sword shall spare in this gasping kingdome ? we have not forgotten him that told us ( what we now finde ) they were not in a right way that made choice of such a rubricke to their reformation . and those who sit , and vote , and vow to punish according to those votes , may remember , if we be traitours it is not long since they were so ; and it is not certain what they may be . vii . when each man has sworne to go before another in the example of a reall reformation , he is bound upon his oath not to expect till a generall reformation be publiquely debated and agreed upon , not to forbeare till he see whether the right rule will be commended to him in an orderly way , he must not stay for the command of authority , or company of his neighbours ; but where he conceives the doctrine to be erroneous , the worship superstitious , or otherwise faulty , the discipline and government not so exactly according to the word , he must presently fall aboard with his reformation worke , publiquely professe what his opinion is , and apply himselfe to the practice of that which he is perswaded in his own conscience is right ; and must endeavour to set up that idoll in the church which he has already erected in his own imagination , and labour to extirpate all that oppose it , and refuse to bow down to it ; that so he may go before others in the example of a reall reformation . and surely those brethren in london , who begin to joyne themselves into church societies , are thus farre to be commended . what though it be ( as the u assembly tell them ) unfit , uncomfortable , unseasonable , yet being by them iudged lawfull , now after they have sworne , it becomes necessary . and i wonder why the presbyterians should not be as zealous in fetting up their government , and endeavouring to goe before others in an exemplary way . i wish they would begin their reformation in london with extirpation of schisme , which it will be no hard matter to finde , and by that time it shall be extirpate out of the city , religion and peace may once again revisit the countrey . chap. vii . that many things vowed in this covenant are not possible to be fulfilled . to make good this charge , which is a further ●vidence of injustice in the covenant , as involving the takers in down-right perjury , we shall propose such particulars as are either morally or absolutely impossible to be performed . i. that constancy of endeavour and zealous continuance which they sweare to use all the dayes of their lives in the observance of most articles , is more than they can assure ; the work of reformation may be longer , and their other avocations greater than they imagine ; and in the interim of their hopes , their endeavours may flagge , and their zeale remit . besides the particulars of their vow are so many , and of so different natures , as must needs distract their thought● and employments , which being fixed upon some , must divert their endeavours from the rest . and if they shall in truth all the dayes of their lives endeavour to extirpate the government of the church , they will never live to effect it . ii. the mutuall preservation of the rights and priviledges of the parliaments in all three kingdomes cannot alwayes be possible . to evidence this truth , i shall suppose what the covenanteers will easily grant : first , that the word parliament is here secondarily , if not principally , intended for the two houses in the respective kingdomes , exclusively to the king . secondly , that the parliament of scotland ( if not that of ireland ) hath as much right and priviledge to all intents and purposes concerning that kingdome , as our parliament has in relation to england . thirdly , that whatsoever rights and priviledges have been challenged by our lords and commons of this parliament , are truly due unto them , and the king bound to admit of them . these suppositions being granted , it cannot be denied but the severall parliaments ( all challenging as great councels to his majesty , whose advice he must follow ) may advise many things repugnant in themselves , and both or all impossible to be hearkened to . the nineteen propositions of the english , and the scots demands in the act of pacification will save us the labour of enquiring into former times , or straining invention for possible cases . 1. the english advise and require that no marriage of the kings children be treated of without their notice , nor concluded without their consent . the scots and irish having equall interest , especially in the princes person , may require equall priviledge . but their publique nationall interests , and affections to other states , being different , their advice and resolution will be so too . the irish may advise and resolve upon a match with spaine , the scots with france , the english with some other distinct family● againe , the scots demand that the prince may reside with them at some time ; the english may require his continuall residence at all times , at least they may both exact it at the same time . so when a these would have him at st. iames , those would have him at st. andrews . such like for the king himselfe , much about the same time when the b scots exact his residence with them ; the c councell of ireland desire his presence amongst them , the d english protest , if he leave them , they will no longer submit to him , so as to be directed by any commissioner . this impossibility will be more considered , if we restraine it onely to the time of parliaments ; at the same time 1640. there were three parliaments sitting in the three kingdomes ; if they have equall priviledges , all equally require the kings presence ; what shall he do , when he is told his absence from parliament is a breach of priviledge , e against law , against ancient custome , against his oath ? is it possible for him to be in three kingdomes at the same time ? grant him his just power , and he may without inconvenience rule all ; but if the supreme power be in them , he will have a hard taske to serve so many masters . secondly , if all the parliaments be considereed as courts , ●nd allowed for supreme iudicatories in the severall kingdomes , may not one of them declare law against another ? surely yes , we have a fresh precedent for it . the scots were declared traitors by the parliament of ireland , 1638. they were declared loyall subjects by the f parliament of scotland , 1640. and their actions were condemned to oblivion by the parliament of england . 3. lastly , if each parliament be considered as the representative body of the respe●tive kingdomes , with a power to enact , order , or ordain , whatsoever they shall hold fitting , or of publique necessity , and the king be bound by his oath to passe all the bills which shall be pesented under that notion , as they have formerly before the union of the kingdoms made many g contra●iant laws , so will they do again ; for the interests of the kingdomes being severall in themselves , none having any mutuall dependance or superiority above another , the titular union in the same king will be found in effectuall to reconcile their differences , if he be not supreme in the old received sense , but onely in the new-coyn'd notion of coordinate ( as some ) or subordinate supremacy , as others wittily have expounded . in any such case of difference , whether in matter of state or of law , a mutuall preservation of the priviledges of all the parliaments will be utterly impossible both for king and subject ; to preserve one , is to destroy two . iii. every covenanteer undertakes more than he is able to performe , when he sweares , not barely to endeavour , ( as in other articles ) but actually to assist and defend all those that enter into this league , and actually to reveale and make known all lets and impediments against it . though they have a will to do it , yet they may want meanes to effect it . if they do not send assistance to any covenanteer when it is demanded , or what they do send be not sufficient to defend him , they faile in their oath ; and were to blame they did not use the word endeavour here , which is so carefully inserted in other places . iv. nor can the most confiding of them be assured that he shall not suffer himselfe directly or indirectly , by whatsoever combination , perswasion , or terrour , to be divided from this union . as it is not in any mans power to hinder other men from using what arguments they can to perswade him , so neither can he totally hinder those arguments from leaving any impression in his soule . besides , daily experience of many flitting from that cause to which they were sometimes as zealously addicted as any ( witnesse sir iohn hotham and others ) there is reason why it should be so , in spite of any resolution to the contrary . though ambition , avarice , passion , or prejudice , make men very willing to have that passe for true and good which they affect , and ●o first stagger their judgement , which at last fixes in a resolution not to examine any grounds of the contrary part which they hate : yet the variety of successe may so much alter the face of things , the inconstancy of humane nature may so farre comply , the light and evidence of the object may be such as will dispell all those mists of the understanding , and prevaile against any obstinacy of opinion . but if they meane by this oath such a resolution , non persuadebo , etiam●i persuaser● , that against the light of their own consciences , they will still persevere in the same courses , though they be never so much convicted of their unlawfulnesse ; they do but adde heresie to perjury . for a pertinacious maintaining of an opinion after a man is convicted that it is erroneous , i take to be the very formality of heresie , and that which i suppose the covenanteers have sworne to extirpate . v. it will not be denied , but if one part of the covenant , either in terminis , or by implication , contradict another , then it will be impossible to performe both . and i pray what are these but contradictions ? 1. that all the covenanteers in the three kingdomes should professe to be of one reformed religion , and then sweare to preserve it in one kingdome , but to reforme it in two . 2. to preserve the kings person , without respect of persons . this they vow in the second article , and that in the third . 3. if the parliament● be● as they conceive , the supreme iudicatories in the respective kingdomes , with what congruity doe they sweare to preserve the rights and priviledges of the parliaments in all three kingdomes , and then that all delinquents shall be punished by the supreme iudicatories ( of both . i.e. ) onely of two kingdomes ? no marvell if some parts be liable to contradiction , when the whole covenant is ushered in with a grosse absurdity , which has influence upon every sentence in it . when each one for himselfe professeth , we sweare , &c. indeed why should one man sweare for all the rest ? but what is this to salve the soloecisme ? how shall he be said to sweare onely for himselfe , whose every word in his oath includes all others , as much as himselfe ? these things being not certainly possible ought not to be sworne . it is all one as if they should sweare they will not dye till they be old , nor be sick till they dye . chap. viii . that the taking this covenant , and other avowed actions of the covenanteers , are in fact , contradictory to the formall words of their oath . vvhat the civilians call protestatio contraria facto , ( as if one should kill or rob a man and vow to doe him no wrong ) is a foule crime which infests many parts of this solemne oath . the very act of taking or enforcing it , besides many other avowed practices of those that take it , does contradict the formall words of the covenant . i. so though they sweare in all their endeavours to keep themselves within the bounds of their severall places and callings ; yet if we look upon the courses they take we shall find nothing lesse . who are they who can challenge it as the proper duty of their calling to set on foot that reformation vowed in the first , or that extirpation which is the matter of the second article ? if religion and the controversies thereanent be a thing common to every vocation ; then is that restriction to severall callings superfluous , and in a solemne oath , profane . but if it be the more peculiar function of the clergy , then why doe other men intermedle in matters beside their calling ? if it be the proper work of a parliament , why do our assembly men challenge , as ministers of the gospell , to be leaders in this worke of reformation ? what have they to do in parliament affaires ? were the bishops cast out , that they might be taken in ? what just calling can they pretend , who were neither summoned by his majesty , to whom the calling of ecclesiasticall assemblies doe in right belong , nor elected by the clergy , to whom the nomination of members to such assemblyes , by the constitution of this kingdome does appertaine ? so in the third and sixt articles , where they sweare mutually to assist and preserve one another with their lives and estates , but with like restriction to their severall vocations , places , and callings , either most of those who have actually taken up armes in this quarrell , , noble-men , knights , burgesses , but●hers , tapsters &c. are forsworne , by undertaking that service which is inconsistent with their professions ; or if they be not , then all the rest of the covenanters are , who being of the same callings , have not put themselves in armes , and assisted their brethren with their lives , as they are bound to doe , if it be not contrary to their calling . nor can the authors or executioners of those ordinances be excused from perjury , whereby many men have been pressed for souldiers without any regard to their callings . what calling have the water-men to be imployed in land-service ? what calling have the city tradsemen to come and conquer the countrey ? what calling have the framers of this covenant to exact a new oath of all this kingdome , or to enter in league with another ? and if they have no calling that enables them to command , then have the rest no calling to obey ; and so both the imposing of this oath , on one part , and the taking of it on all parts , is contrary to that clause so often repeated in it●according to our severall callings . ii. though they sweare the extirpation of popery , yet ( if the time would permit ) i could make it evident from their owne principles , that not onely many avowed actions of the covenanteers are originally popish : ( as their di●pensing with oaths lawfully taken : their excluding all clergy-men from secular judicature : their doctrine of propagating religion by the sword : a their entering into leagues and covenants for that purpose : their usurping a more then papall infallibility and omnipotency● their exalting themselves above all that is called god : b their rudiments of rebellion and opposition against the supreame magistrate , ) but that very power by which this covenant is enjoyned , which they sweare to preserve in the third article , is in the highest degree properly popery . i am sure there is nothing in that large discourse of the c lord brook against episcopacy , which may not be applyed here with more congruity . that power , which the covenant-makers doe pretend to , and popery are all one in re . they have the same rise , the same media of their progresse , and the same end . 1. first , d the rise of popery was by overthrowing christs ordinances ; in doctrine , as a heretique , but not as pope : in discipline , as pope ; this most properly belonging to christ royall office , as doctrine to his propheticall . doth not the pretended power of the covenant-makers doe the same ? i confesse with them , scripture is the rule , but who must expound this scripture ? synods , assemblies , committees . and though by their owne confession those bind not mens consciences , yet they bind them to obedience ; which obedience they precisely challenge ; and when any faile thereof , they doe without the least scruple of conscience proceed to sequestrations , fines , imprisonments , deprivations , and what not ? and so these men making scripture a rule in appearance , doe in truth monopolize all to themselves . this is just and flat popery . 2. the same author proceeding to parallell episcopacy with papacy in the meanes of their rising , e tells us how popes dealt with princes ; laid pillowes under them with one hand , thrust them downe with the other , and then trampled upon them . this can no way be affirmed of our protestant bishops : but whether our arch-covenanteers , when they promised to make their prince a great and glorious king , and protested to defend his person , honour and authority , did not in the meane time by their underhand practices labour to thrust him downe , and by their open violence to trample upon him , the world sees in part , and themselves know more . 3. touching the meanes of the progresse of popery he informes thus , f that which they have most sounded in the peoples eares is , the church , the church ; the temple of the lord , the temple of the lord ; by this as by a stalking horse they come much nearer then else they could . and hath not the empty noise of religion , religion , reformation , reformation , heightened the credit of the covenanteers in the opinion of the people , and so been made a stale to their equally popish ambitious ends ? 4 lastly , to prove the ends of prel●cy the same with those of popery he saies , g it cannot be doubted but by all these meanes they ayme at the same end ( which is also the popes ) to pull downe all other power , and set up their owne . nor is there any great cause to doubt whether the principall projectors of the covenant ayme at the like end , which they have already effected in too great a measure . they have ( to their ability ) pulled downe all other power , both regall and episcopall ; they have set up the one , and perhaps intend to settle the other , as a prudentiall government , in themselves . we may therefore conclude this discourse with the words of our author against bishops , thus the covenanteers oppose , and exalt themselves above all that is called god or is worshipped : which is most true popery , in respect of the imposers ; and the submitting to such a power is likewise popish in respect of their adherents ; and so the taking as well as the enjoyning this covenant a formall act of popery , and therefore contradictory to that vow to ●xtirpate popery . i need no other apology then what the same author hath framed to my hand . h i bring not in these things , as if by agreeing in these i might convince the covenant-makers and papists , or the pope , were all one . but the originall fountaine whence all these spring , the vertue and power which actuates them in their proper channell , this is papall . nor may they evade by this , that though they doe and command these things , yet they neither doe them from the popes command , nor command them in the popes power . though i grant this , yet they may be antichristian , and so such in re a● the pope is , though not literally romanists● for he , or they , whoever it be , that commands or prohibits the least title of doctrine or discipline , merely eximperio voluntatis , though the thing he so commands shall happen to be good in it selfe , ( or that which he forbid● , to be evill , ) yet he , in his so commanding , or prohibiting , is not onely tyrannicall , but antichristian , properly antichristian● encroaching on the royall office of christ , which is truely high treason against god , and most properly antichristianisme . i care not whether we call him a pope , papist , romanist or any other name , i call him antichrist ; and if you will call antichrist by the name of pope , i call such imperious commanders among us ( though they have no shadow or dependance on rome , or the romish pope ) english popes , i mean english antichrists . nor is this any particular fancy of that one lord , but is attested to be the i generall doctrine of all the brownists , who upon these principles conclude episcopacy to be a ragge of popery , which we have here brought home to their owne doors , and there we leave it . iii. if superstition be ( as k m. mocket defines it ) quicquid supra statutum est . all religious observances which have no command in gods word : every outward act signe or circumstance in gods worsh●p , which he has not enjoyned . an oath being a part of worship expresly commanded , deut. 6. 13. and this oath being taken for a religious end , if either the matter or any circumstance of it be such as god never required , it cannot ( according to the doctrine of the covenanteers ) be excused from superstition . 1. now that outward act used by the covenanteers in the taking this oath , where l each person by swearing is required to worship the great name of god , and testifie so much outwardly by lifting up their hands , has no more colourable warrant from the word of god by way of command , then bowing the knee at the name of iesu● , and therefore must be guilty of equall superstition ; and how great that is m. white shall determine . 2. againe if the vowes of their religious orders in the church of rome be confessedly superstitious , i shal not know how to clear this vow from the same imputation . 1. their vow of voluntary poverty i● not so much as the vow of these covenanteers to spend not only their estates but their lives in pursuance of this covenant . without all peradventure it is no more unlawfull by the word of god , for a papist to part with his estate for a known good end , then for a protestant to devote his to the maintenance of a supposed good cause . 2. the popish vow of continency , what has it more then the covenanteers vow of obstinancy ? never to suffer themselves by whatsoever perswasion to be withdrawne from this vnion . that is , never to be of another opinion or resolution then now they are . it is no sinne in any man to live a single life and to containe , but for a man to vow who has not the guift . and may not the covenanteers want the guilt of constancy , as well as other men the guift of continency ? their owne confessor tells them so : m especially when ( as we this day ) sensible of our infirmity of an unfaithfull heart , not steedy with our god , but apt to start from the cause , binde our selves with cords , as a sacrifice to the hornes of the altar . if this will serve to absolve the covenanteers , how shall the vow of continency be condemned at their tribunall , the matter whereof hath more approbation in scripture , and the performance of it is no whit more impossible ? 3. the popish vow of regular obedience to their superiours , is justly condemned as superstitious . and is not as absolute , as blinde an obedience required by the framers of this covenant ? to beleive all their declarations , to observe all their ordinances , to preserve all their rights and priviledges , which are more unknown , and sometimes more unjust then those of the cloyster ? yet the covenanteers vow to conserve them with the utmost hazard of their lives . 4. if we shall adde to these more ancient and ordinary monastick vowes that fourth of the iesuites , the vow of mission ; whereby they binde themselves to goe into whatsoever countrey their superiours shall send them , for the propagation of their religion ; we shall finde something not unlike it in this vow of the covenanteers , compared with their practice . by the ancient n lawes of this land no man should be compelled to goe out of his county● save in case of actuall invasion ; but by their ordinance of the militia , and the severall orders of association and instructions to their lievtenants , o made by the prime covenanteers , all men are required to follow their leaders , as well within their severall counties , as to other places : and those pretended rights , by vertue whereof these commands are layd upon them , they here vow to maintaine wi●h their lives and estates : which these superiours may , when they please , with equall authori●y and better reason , employ into france , spaine , italy , or any other popish countries ; whither , if they shall command , all are bound to goe , by the tenour of this vow for extirpation of popery , and universall reformation of religion . 3. lastly , if whatsoever is not commanded by god be superstition ( as they hold it is ) then if it were true that the leaguers were all of one religion , yet is there no command for them to enter into such a holy league . beside the pacification at passau , concluded betwixt the protestants and papists of germany 1552 , and confirmed in a diet 1555 , generally commended by protestant p writers , the examples in scripture of iacob and laban , ioshuah and the gibeonites , solomon and hiram , do abundantly prove that leagues betwixt men of divers religions is not against the word of god , and therefore a league betwixt people of the same religion , for extirpation of such as are not of the same , is no way required by it . so then this covenant , as to that point is supra statutum , and therefore superstition . 4. but if this sinne consist rather in using such acts , matter , signes , or circumstances in divine worship , as are in their owne nature no way apt to expresse that honour which we acknowledge to be due unto god , nor reducible to that end for which we intend them ; surely then there may be superstition in the inward as well as in the outward act of worship ; and in particular q indiscreet zeale will appeare to be a peece of superstition : for though zeale be of its owne nature apt to be referred to gods worship , yet thus qualified it is not ; and then i am confident , as diogenes trode upon the pride of plato , so , many of our zealous covenanteers here vow to extirpate superstition with greater superstition . iv. the clearing of that clause which concernes extirpation of heresie depends upon the resolution of many questions which we cannot here determine ; upon this mainely , who shall be the so●eraigne iudge of controversies to define what doctrines are hereticall , and what not ; whether must every man for himselfe fit upon other mens faith , and proscribe all that for heresie which crosseth his owne fancy ? the church of scotland allowes no other iudge in this point but scripture ; which will scarce come home to the point ; for who shall give the sence of scripture ? the lord r brook has answered the question aright ; what is true doctrine the scripture , or rather the spirit must iudge , but what a church will take for true doctrine lyes onely in that church . and amongst the covenanteers who shall iudge as the church ? in scotland it is agreed , the generall assembly ; in england i know not who , perhaps a select committee of some lay-covenanteers . such as shall be appointed to convent ministers for preaching false doctrine , and will not stick to censure him for heresie and blasphemy who shall call the virgine mary the mother of god . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . i must once more borrow the words of that honourable s author i last mentioned , so long as the church in her tenets intermedles not with state matters under the notion of religion , i suppose the civill power is not to interpose . if the question be what is idolatry , what superstition , what heresie , what the punishment of those crimes , who shall iudge but the church ? whiles parliaments labour for the church , dealing no further in the affaires of the church then by scripture they may , certainly they doe well : but if they once exceed their bounds , the issue will be confusion instead of reformation . yet in regard our lawes , if they should be put ordinarily in execution , are somewhat severe in the punishment of heretiques , it was not amisse in the t parliament to restraine the power of ecclesiasticall commissioners in judging of heresie , to what had been formerly determined by scripture , or by the foure first generall councells : onely when they added , or such as shall hereafter be ordered , judged or determined to be heresie , by the high● court of parliament in this realme , with the assent of the clergy in their convocation : the matter had not been much different if the words had been a little inverted ; if they had left the judgement to the clergy , who ( without disparagement ) may be thought more compe●ent for such matters , and reserved the power of approving and confirming to themselves . but the law being as it is , we willingly subscribe to it ; and when the parliament shall determine , with the convocations assent , any matter or cause to be heresie , we shall better know how to conform either our judgement to their determinations , or our patience and obedience to their censures . in the meane time we must entreat our brethren of the clergy convened at westminster to be perswaded , that though the lords and commons in the court were indeed the parliament , yet they in the chappell are none of the convocation . and so what heresie is or what to be taken for such by any authoritative definition in this kingdome we are not like to heare in haist . but if tertullians prescriptions , or that golden rule of vincentius lirinensis , quod ab omnibus , quod ubique , quod semper , &c. be of any use for the triall of heretiques , then we can tell whose disciples the covenanteers are , that sweare to extirpate episcopall government : if aërius , for affirming that a bishop is not above a presbyter , was generally reputed by the christian world for more then thirteen hundred yeares together , as well in the easterne as westerne church , for a downeright heretique , we can charge those men with no lesse then a contradiction who with the same breath vow the extirpation of prelacy and heresie . v. the case is much alike concerning schisme . which is so neare allyed to heresie , that u s. paul , if he doe not confound them , makes that the necessary forerunner of this . but allowing the word for current in the common acception without any scrupulous enquiry into the nature of it , we must inferre . 1. that this vow of the covenanteers to extirpate schisme is contradictory to that vow of mutuall assistance , which they make in the sixt article : for being knownely divided in their opinions concerning church government , they must be one to another mutually schismatiques . 2. the meere taking of this covenant , being in the principall part of it an utter condemnation of the church of england , and a sworne separation from it as prelaticall , ( that is , in their sense , antichristian ) can be no other then a most formall vowed schisme , in respect of all those covenanteers , who formerly held communion with this church : which being a true church wherein salvation might be had , suppose the worst , ( which i doe not grant ) that there were some errors in her doctrine , or some unlawfulnesse in her practice , yet so long as they are neither required to professe those errors nor to approve those practices ( as , if we consider his majesties frequent proffers of passing fitting provisions for the ease of ●ender consciences clearly they are not ) any separation from this their mother church is utterly causlesse ; and unlesse by vertue of some legislative power , a new sense be imposed upon the word , this is the greatest schisme that ever was in any church since the foundation of religion . if they had not broken it already they might easily observe this part of their oath for the future , for having by this covenant left amongst themselves no visible church , it quickly followes , no schisme . were it not so , i should wonder how it comes to passe , that after such a solemne oath for extirpation of schisme , and that not by publique order , but where every one must goe before another in the example , so few should be found all this long time worthy to be extirpate out of that great city , where so many are knowne to be . where all such as have been accounted schismatiques from our church of england either had their birth or have their breeding . anabaptists , brownists of all sizes , separatists● semi-separatists , leamarists , barowists , iohnsonians , ainsworthians , robinsonians , wilkinsonians , the severall congregations of busher , smith , helwise , hancock , nevill , pedder , each of which ( as i am informed ) had their distinct formes of separation : the antinomians , eatonians , gringletonians and familists the cottonians and anti-cottonians , and whatsoever spreading grafts have been transplanted from those fruitfull seed-plots of schisme , the colonies of new englaud or amsterdam . all these were knowne , by head , even when the government of the church was in the hands of the king and bishops ; and sure their number is nought abated since it was seized by the covenanteers : many whereof have small reason to sweare the extirpation of schisme , unlesse it be out of their owne hearts . which is so foule a sinne , that some of themselves have confessed ieroboam the son of nebat , for this onely cause , not for idolatry , to be so often mentioned with that odious elogy , who made israel to sinne . and considering the generall defection now made from the church of england , and the shallow grounds of this separation , i take leave to mind those men who have had the greatest stroke in these divisions , of what * irenaus writ so many hundred years agoe . the lord will judge also those that make schismes ; who valuing more their owne profit then the churches unity , doe rent and divide , and to their power murther the great and glorious body of christ , upon small and any occasions : speaking peace , and making warre ; truly straining at a gnat , and swallowing a camell . for they can make ●o such reformation , as will be able to countervaile the harme of schisme . vi . the imposing this oath by their owne authority is a great violation of the rights and priviledges of parliament which they sweare to preserve . if we should allow the leaders to be , what they desire to passe for , the two houses of parliament ; yet is it denyed that the one house hath any power to give an ordinary legall oath ; or that both houses can lay any civill , much lesse religious obligation , by a new oath , upon the whole kingdome without his majesties assent by x act of parliament . let but any law be produced that it may be done , or any precedent shewed that ever it was done by any free parliament , and we shall be ready to recant this position . in the meane time i crave leave to intimate in some few particulars how the covenanteers have violated not onely the ancient and just rights of parliament , but those very priviledges of the last edition , which were never heard of before this session . 1. in relation to the king , who is the head of that great body , the denying his negative in making of lawes , the signifying his authority contrary to his will , the doing many things without him , which , how necessary soever , he does not challenge any prerogative to doe without them , are sufficient instances of their injust usurpations . 2. in relation to the house of peeres : whether were not their priviledges invaded , when some of the temporall lords were committed by mr pennington , the then lord major of london , and a member of the lower house ? when others of the spiritualtie , twelve bishops at a clap were impeached and committed for a crime they were no way guilty of ? that never forgotten breach of priviledge , his majesties impeachment of the five members was thus aggravated ; y if such an accusation might be allowed , then it would be in the power not onely of his majesty but of any private man , under pretensions of treason , to take away any man from his service in the parliament , and so as many , one after another as he pleaseth , and consequently to make ● parliament what he will , when he will ; which would be a breach of so essentiall a priviledge of parliament , that the very being thereof depends upon it . how much his majesty did then abhorre the thoughts of any such consequence , depends in part upon the now visible and then iust grounds of that accusation . but whether in that more generall , and more causlesse impeachment of those twelve members of the house of peeres , the projectors did not over-act all the sad consequences of the former discourse , and transgresse that essentiall priviledge upon which the very being of parliament was said to depend , i doe not determine ; onely , this is evident , the now covenanting commons ever since that time were able to make their house of lords doe or say what they would when they would . witnesse their severall counter-mands and crosse declarations . the lords declare the lawes should be observed , and the common-prayer book used : these commons declare , both shall be suspended . the lord● declare , tumults shall be suppressed , and the authors punished : these commons declare there are no tumults , and command those persons shall be released who were apprehended as the authors . the lords thought the new ordinance for the militia unnecessary , and refuse to petition for it : these commons declare it is necessary , and z complaine of the lords for their refusall . what would you more ? in some cases , these men order , a that the house of peeres agree with the house of commons . 3. in relation to particular members ; it is somewhere confessed by the commons , that b they cannot give away the priviledge of their members without their consent . sure the many affronts● indignities , injuries , which severall members of that honourable house have sustained in their persons , in their estates , in their protections , in their other priviledges and liberties , were never done by their owne consent . 4. in relation to the constitution of parliaments , is not the freedome of the place and safety of the persons so absolutely necessary , that c no parliament can be without it ? yet have not both been disturbed and endangered by tumultuous citizens ? have not some been expelled , others committed , for being so honest as to vote according to their conscience , but not so fortunate as to jumpe with the supposed sense of the house ? were not their names posted up , and their lodgings notefied who were unwilling to have a hand in the first act of this nationall tragedy ? i● the publique demanding a list of such lords names as dissented in their votes from the carrying party in the lower house ; if confining the whole authority of both houses to the pleasure of a few persons under the name of a committee for the safety of the kingdome , into whose secret● the rest may not presume to enquire ; if the admitting of commissioners from another kingdome without whose concurrent advice nothing must be agitated in this , be not as totally repugnant to the nature of a free parliament , as confessedly repugnant to all precedents of former times ; if all these things have been done , and yet no priviledge broken , then {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , there will be no danger of breaking priviledge . but if all these were high violations of the parliament priviledges , all the covenanteers are sworne to enquire after and punish the offendors without respect of persons . 5. i cannot see that those who had a speciall hand in the creation have ever had a due care for the conservation of many new priviledges . they who declared it to be no ordinary , but a high breach of priviledge to d intercept any letters or messenger● comming to or from the parliament , have since countenanced the interception of his majesties letters , commanded the imprisonment of his messengers , and done enough to prove themselves either guilty of priviledge-breaking , or no parliament . who if they shall pretend in case of priviledge , as they have done in point of law , that whatever they doe , or command or approve , how contrary soever it may seeme to be to their confessed or declared priviledges , yet must not be taken for a violation of priviledge , because it is approved by them in whom the privilegilative power is supposed to reside . i confesse this might be urged with good coherence to their other principles nor should i know well what to reply if i were not furnished out of their store-hou●e ; where i find them telling the king , august . 25. 1642. that till he have recalled his declarations and proclamations , and taken downe his standard , e they cannot , by the fundamentall priviledges of parliament , treat with him . yet within a few moneths after , though the royall standard was not taken downe , nor any proclamations recalled , those very men who before refused to grant , are now f petitioning for a treaty , to his majesty at colebrooke , and we find them actually treating at oxford : whence we conclude , seeing they did afterwards what they had formerly declared , by their fundamentall priviledges , they could not doe , not onely in some cases they possibly may , but in this particular , according to the principles of their owne declarations , they actually did violate a priviledge of parliament , and that a fundamentall one . vii . there can scarce be imagined any invasion upon the publique liberty more manifest , or of greater consequence than is the imposing of this oath by such as have no authority to exact it : and the submitting to this usurped authority , is in all them that take it , a betraying of the liberty of the kingdome . we have already proved that no new oath can be imposed but by act of parliament● besides , what can be more in prejudice of the liberties of england , then forcing all the subjects to sweare to defend the liberties of scotland , and the unknown priviledges of their parliament ? are we not hereby made sworne vassals and slaves to another nation ? do we not give them a supremacy over us ? or if their obligation be reciprocall , yet i doubt whether , in case they prove perfidious , that will serve to excuse our perjury . if by swearing to preserve the liberties of the kingdome , they sweare ( as their g expositours beare us in hand ) against all arbitrary power ; whereby the rulers will and pleasure is made the onely rule of the subjects obedience , their oath strikes at none more than the master●covenanters , to whom i feare the description in that authour is most aptly fitted , new , proud , ambitious , domineering officers of the first head . viii . seeing no act of parliament can be made without his majesties consent , no new oath imposed without an act of parliament , their pressing of this covenant by any ordinance , their entering into league with two forreigne nations , and inviting others to joyne in the like association , is such a palpable violation of the kings authority , which they sweare to preserve , and a contradiction so grosse as none can reconcile , unlesse he to whom nothing is impossible . ix . what is the whole designe of the covenant but an apparent dividing of the king from his people ? or , which is all one , of the people from their king ? what , but a sowing of division between the kingdomes , by hiring the scots to take part in our dissensions ? what , but a sworne faction amongst the people of this land , being a combination of some who confesse themselves not to be the kingdome ? and yet they would seeme to sweare against all these in the fourth article . that they who here sweare against faction and division have been the authours and are still the upholders of division , and that by faction , is plaine from their constant refusall to descend to any treaty for accommodation . first , when his majesty wooed them to it from nottingham ; then when the most substantiall citizens petitioned for it at london . againe , when in iuly last the lords remaining at westminster did vote for it ; when the major part of commons then present did entertain the first motion of it ; when the many poore people and the weaker sexe did offer up strong cries and teares for it : yet so potent was the prevailing party of the common-councell of london , ( of master pennington's election , and therefore at his devotion ) as not to spare their greatest patriots ; all their former service could not protect their names or persons from the rude hands and ruder tongues of those enemies of peace ; from whom the poore petitioners found such barbarous entertainment as pitied me to see , & i take no pleasure to remember . nor need i mention the many gracious overtures from his majesty , that have been spurned at and rejected since . that which most irremoveably pinnes the faction upon the covenanteers sleeves is their entering into such a league as this with forreigners ; which they would never have purchased at so deare a rate , had they confided in the native forces of our own kingdome . besides , the very ground of the contestation decides the controversie . the covenanteers fight for subversion of the lawes and government established ; his majesty ( as , by their confession , he is bound to do ) and his other subjects , for preservation of them : say then , who are the faction ? whether they who willingly submit to all lawes now in force , and are ready to pay equall obedience to all such as shall be established in a free parliament , or they who not onely deny obedience , but vow to extirpate the present lawes and government ? chap. ix . that many particulars vowed and intended by the covenant , are simply and absolutely unlawfull . having already demonstrated the iniquity of the covenant upon such generall heads of discourse , as by sound consequence doe inferre no lesse ; i proceed to the proposall of such other particulars as are found primâ facie , without any help of deduction , immediately unlawfull in themselves . i. such is the maine matter of the first article , if not of the whole covenant . the alteration of religion in england and ireland . which if it were false and erroneous , as it is fal●ly suggested to be , yet being already setled by standing lawes in both kingdomes , such as the king is sworne to defend , as much if not more then any other , for any subjects by force of armes to goe about to introduce an alteration , however veiled under the specious title of reformation , is a thing not onely directly contrary to the positive constitutions of these kingdomes , and without warrant or example from divine law , but utterly against scripture , reason , the practice of the true church of god in all ages , the very nature of religion it selfe , and the common principles of civill policie . i might for methods sake parcell this section , and shew first that all force for religion , secondly , that all force against the king is unlawfull . but because i find both swords united in the present undertakings of the covenanteers , i shall not divide them in my discourse . 1. first , that to labour the advancement of religion by way of force , contrary to established lawes and the prince's will has no warrant by way of command or approbation from gods word , must be taken for granted , till those who are otherwise minded can shew the contrary : and will be needlesse to perswade if we prove in the second place that it is against expresse testimony of scripture . our saviour a professeth his kingdome is not of this world , and addes , for then would my servants fight . which words as they evince that it is lawfull for subjects to fight at the command of their temporall king , for the maintenance of his wordly estate ; so doe they insinuate that christs kingdome being spirituall , cannot , must not be advanced by temporall armes . b the weapons of our spirituall militia are not carnall , but spirituall . we have no command from christ our spirituall head , to kill and slay the common enemies of our religion , but contrarywise to c pray for our persecutors , & not to resist evill . perhaps upon the same conceit o● gods glory and advancement of their religion they persecute us , as we vow to extirpat● them . st paul out of the abundance of zeale , d {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , did at first e persecute the saints of god ; yet not without f authority from the magistrate ; and therefore his case was different from this of the covenanteers ; and he obtained pardon ( it was a sinne then ) because he did it ignorantly . our saviour left it not untold to his disciples , and in them to the church , g that the time would come that whosoever killed them , would think he did god service : those very murtherers had the glory of god for their ends , but that could not excuse their actions . heu , primae scelerum causae mortalibus aegris , naturam nescire dei ! they were truely ignorant of those meanes which god requires for the advancement of his kingdome . h these things they will doe , because they have not known the father , nor me . he will not have the i tares extirpate out of his field , the church , till the time of harvest , and by the proper reapers . k m. nye in his exhortation to the covenant , has made choyce of a text sufficient to break the neck of it . he bids us be zealous , as christ was , to cast out all ( he never cast out any by fire and sword ) but let us doe it in an orderly way , and with the spirit of christ whose servants we are . l the servant of the lord must not strive ( sure then he must not kill and slay ) but be gentle to all men , ( i hope papists and prelates may passe for men ) apt to teach , ( not to inforce ) patient , ( not violent ) in meeknesse instructing ( not in fiercenesse consumeing , destroying , extirpating ) those that oppose . if seditions , tumults , insurrections , rebellion● must goe current for discipline and order ; if the takeing up of armes defensive or offensive , be a worke of patience and meeknesse , if the spirit ●f contradiction be more conformable to the spirit of christ then that of suffering , the lord be iudge ; for amongst men , great authors are produced on both sides . the cheife covenanters m call it a spirit of slavery , and n advise all to make use of that defence which nature teacheth every man to provide for . but god in scripture teacheth no such matter ; o he commands every man to be conformable to the image of his sonne ; if we suffer with him , that we may be also glorified with him . 3. thirdly , this course is against the nature of religion it selfe . for faith , the soule of religion , is an inward act of the soule , which all the tyranny in the world , that the malice of the divell can invent , or the wit of man exercise , can neither plant where it is not , nor extirpate where it is . it is the guift of god ; freely begotten in the hearts of men , not by threat● and terrours , not by torture● and massacres , but by the quiet still voyce of the word preached : s●adenda , non c●genda . and therefore st paul , though a lawfull governour in the church , flatly disclaimes any p domineering power over the conscience . a● for the outward profession of religion , neither is that subject to force and violence : a man may confesse christ and his faith in him , as freely in bonds as at liberty , as gloriously upon the crosse as upon the throne . feare indeed may incline a weak conscience to dissemble his opinion , but cannot constraine him to alter it . fire and faggot are strong arguments of a weak cause ; undeniable evidences of cruelty in those that use them ; but slender motives of credibility to beget faith in those that suffer by them . lastly for the externall , free , and publique practice of religiou● duties , that i grant may be restrained by the outward violence of man ; but when it is so , it is not required by god , who never expects to reap what he did not sow . 4. fourthly , it is against the constant commendable practice of the true church of god in all ages . the saducees , tho●gh they denied the resurrection , and many other truths in religion , were tolerated in the church of the iewes ; and our saviour convinceth them by strength of argument , not of armes . the example of christ and his apostles is beyond all exception , worthy our best imitation . when many of his disciples did apostate , he used no violence to reduce them , but mildly said unto the twelve , q will yee also go away ? when the samaritans , who were of a different religion , neglected to entertain him , because his face was towards ierusalem , the place of the true worship , he sharply r rebuked those sonne● of thunder who would have consumed them with a shower of fire . when peter thought to have defended him by force against a suddain assault made by the servants of the high priest ( the ministers to execute an unlawfull command , but imployed by the lawfull magistrate ) who by destroying the master had no other intention but to extirpate that religion which he had planted , he commands him to s put up his sword , for all that take the sword ( though it be in defence of true religion , yet if it be against the command of the lawfull magistrate ) shall perish by the sword . and as himselfe was content to suffer an ignominious death upon the crosse , notwithstanding he had power infinitely sufficient to repell all the violence of his enemies ; so did his apostles follow him in the like example , t rejoycing in their life time that they were counted , worthy to be beaten for his name ; and saint paul reckons it for a speciall grace and favour to the u philippians ( {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. ) that they not onely beleeved in in christ , but suffered for his sake : and when they had finished their course and fought the good fight of faith , they gave up their lives a willing sacrifice in testimony of the truth of their religion . conformable to this patterne was the constant * doctrine and practice of the primitive church . the most ancient apologists for the christian faith , use this as an argument to prove the religion of their persecuters to be false , and their own true● that stood in need of humane force to maintain it , but theirs stood by the sole power of god . pudeat te eos col●re , quos ipse defendi● ; pudeat tutelam ab ipsis expectare , quos tu tueris . those good christian● were content to trust god with the defence of his own cause ; and indeed they durst do no otherwise ; their religion enjoyned them not to kill , but be killed for it . nor was this for want of ability , but authority . they who best knew their own strength , professed to the face of their adversarie● , that both for number and experience they were nothing inferiour . it was in their power to have oppo●ed , if their religion would have permitted . one of them makes peter put this question to his master , cur haberi praecipis gladium , quem vetas promi ? nisi fortè ut videaris potuisse vindicari , sed noluisse ? hence it came to passe that when both swords were in a manner united , after the emperours were converted to the christian faith , yet heretiques were cut off by the spirituall , not by the temporall . the first generall councels of nice , constantinople , ephesus , and chalcedon , condemned those arch-traitors in religion , arius , macedonius , nestorius , eutiches , but not to death . the councell of constance was the first that proceeded in that kinde against iohn husse and ierome of prague . lastly , as the harmony of reformed churches in their publique x confessions does not admit of any division or violent resistance against the supreme magistrate ; so has it been the constant doctrine of all the protestant divines generally from luther , down till our times , and more particularly of this church of england , as may be more fully seen in the exhortation to obedience published in edward the sixth's dayes , and the homily against rebellion confirmed by the articles of our church under queen elizabeth . the contrary doctrine being ever reputed peculiar to the worst of papists , the iesuites , and the practice of it made a marke of antichrist . so as i dare averre these three last yeares have produced more seditious pamphlets in that kinde within this one kingdome , then all the christian world ever saw before ; to the shame of our nation , and scandall of our profession . 5. fifthly , this course of violence is contrary to all experience of former times , by which it is found that religion hath ever been better propagated by the sufferings of the true professours , than by force ; persecution to the church being like pruning to the vine ; as it was first planted , so has it been watered and fructified most by blood . sanguine fundata est ecclesia , sanguin●●r●vit . not by shedding the blood of others , but willingly powring out her own . the constant patience of martyrs was the most winning rhetoricke to perswade others to the faith ; it being most likely those opinions should be true , for which they so willingly laid down their lives : at least , common pitty is a powerfull oratour to perswade with the people , ( with whom the punishment makes the martyr ) that he who suffers has a good cause . whereas should he make resistance to defend himselfe , or use violence to compell others , that might be upon other ends , of profit , vaine glory , revenge , and what not ? the persecution in other places drove the protestants hither in edward the sixth'● dayes , as to a common sanctuary , which much advanced the reformation in england ; and the cruelty of the papists under queen mary was disposed by the providence of god to perfect the reformation both in france and the low-countries ; whither no lesse that y thirty thousand strangers were banished from hence for religion . the flames of our english martyrs did but give more light to the truth of the gospell , which their enemies thought by that meanes to suppresse ; their fune●als were the most effectuall sermons for the peoples conversion . the bloody massacre at paris was y found to advance the religion in france , and the rigorous pressing of the inquisition made way for casting popery out of the low countries : where the present toleration of all religions is acknowledged by the lord a brook for a speciall meanes that makes it flourish . 6. sixthly , it is against that innate principle of the law of nature , quod tibi fieri non vis , alteri ne feceris . those who pleade most for extirpa●ion of heretiques , when it comes to be their own turne to be under the crosse , stand for liberty of conscience , and declaime against persecution for religion as a thing utterly unlawfull ; ●o the very iesuites , cardinall allen , and creswell in his philopater . and surely if we will not suffer i● from others , we may not use it our selves . 7. seventhly , 't is against the law of our land . w● have alwayes deprecated that aspersion which ou● adversaries would cast upon it ; professing we do not punish any heretiques with death , but seminaries for sedition and rebellion , not for religion . and here i must observe that the lords and commons in parliament primo elizabethae confesse they had no meanes to free the kingdome from the usurped power and authority of the pope , but with the assent of the queenes majesty : so farre were they from thinking it lawfull to raise armes for extirpation of pop●ry when it was established by the law of the land . 8. eighthly , it is against the common rules of prudence and civill policy , to use that as a meanes to propagate , which is more likely to tend to the extirpation of our religion : i speak of the protestant ; which in the generality being not so populous as the roman , if we shall extirpate them he●e where we are stronger , we must expect the same measure from them in other places where they are stronger : and then , in all humane probability , our religion is like to come to the worst in france , germany , poland , and other popish dominions . if they shall take the same course , what can we have in equity to object against them ? si quis quae fecit patitur , is he not rightly served ? 9 lastly , it is utterly destructive to all civill government : for if any be allowed to take up armes for propagation or defence of their true religion , against the civill lawes , and will of their prince ; whosoever has a minde to rebell , may do it upon the same pretence , and ought not to be questioned by any humane authority ; for though they do but pretend religion , yet is it impossible for any iudge to convince them of such pretence ; not can any thing be urged in defence of the true religion , which may not be made use of by a false . ii. the extirpation of that ancient government by bishops , which has obtained in england ever since the first plantation of christianity in this nation ; to which we principally owe the reformation of that religion we now professe , of which none have been more zealous , more able propugners than our english bishops , who by their constant preaching of it , their learned writings for it , their pious living in it , and patient dying for it , have sealed unto us that pretious fai●h through which we hope , by the mercy of god , for the salvation of our soules ; who have b●en the founders or most eminent benefactours of most churches , colledges , schooles , hospitalls and other publique monuments of piety and devotion , which have rendered this nation so famous abroad and so magnificent at home . of whose government all the clergy of this land have testified their solemne approbation at their entrance into holy orders , and to whom all beneficed ministers have sworne obedience at their institution , and therefore ( it was b m. bagshawes argument ) if ever they assent to the alteration of this government they are really periured . which h●s majesty , and all his royall predecessors at their coronation have by a more particular and solemne oath vowed to protect : which god himselfe by extraordinary blessings from heaven ( as king c iames of blessed memory did acknowledge ) has approved and ratified . which by the catholique consent of the churches of christendome , both in asia , africk , greece , russia , and other parts of europe , that never acknowledged any subjection to , or dependence on the see of rome , hath been constantly embraced , and the oppugners of it universally branded for heretiques : which in most of those few churches that want it , by their best and ablest members hath been frequently desired : which of all other formes has undoubtedly the best title to divine or apostolicall institution . against which nothing is , or ever could be justly objected but the humane infirmities and personall failings of some particular men , from which no government is or can be totally exempt . if it be not unlawfull to sweare the extirpation of this government so deeply rooted by the fundamentall lawes of this kingdome ( both common and statute ) as monarchy it selfe , or the new-named soveraigne power of parliaments cannot pretend to be built upon a surer foundation , let it be piously and prudently considered whether the same engines by which the covenanteers would subvert the government of the church , will not be of equall ●trength and fitnesse to pull up the government of the state . suppose neither king nor bishop were of divine right , certainly parliaments are not . suppose both kings and bishops faile in the performance of their trust , is there no expedient , but the government must be abolished ? sure it is not impossible for parliaments to be guilty of a like defailer ; must they be exposed to the like justice ? no bishop , no king , is granted to be an old received truth by d one who was none of the best friends to either government . when i consult with history and experience , and behold the example of some neighbour nations , i say no more , but vestigia terrent . a strict account must one day be given for every drop of christian blood that has been shed in the common cock-pit of europe these fourescore yeares last past . iii. if it were as certainly true , as it is prodigiously false , that episcopacy were an antichristian invention , and therefore fit to be abolished , yet it would concerne our reformers to provide us of another government before they take this away . if christ did indeed prescribe one set forme to be perpetually and universally observed in his church , and episcopacy be not that one ( as we contend it is ) let our adversaries first agree amongst themselves what it is , and we shall then know how to proportion our conformity to the authority and reasons of those that enjoyne it . or if it were left at large , in the power of the church , catholique or particular , to ordaine what forme she shall think most convenient , we still demand , who that church is , and what that forme must be here in england ? in the meane time this is certaine in it selfe , and generally acknowledged on all hands , an absurdity so grosse as cannot fall into the imagination of any christian , that christ should at any time be thought to have a church without any government ; or that it should be in the power of any man ( i doe not except a parliament ) to extirpate the present and so leave the church voyd of all government . i e read indeed of a law amongst the persians , that after the death of the king there should be a five dayes cessation of all law and government , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that the people by that want might learne to know what a great blessing it is to enjoy the ki●g and the law . as the end was good , so in a civill state the thing was not injust . but in a church the case is quite otherwise . the time was , when the house of commons took it for an imputation cast upon them by malignants , against whom they remonstrate to the kingdome in these words , f they inf●se into the people that we meane to abolish all church-government , and leave every man to his owne fancy for the service and worship of god ; absolving him of that obedience which he owes under god unto his majesty , whom we know to be intrusted with the ecclesiasticall law , as well as with the temporall , to regulate all the members of the church of england , by such rules of order and discipline as are established by parliament . were that house now turned covenanteers , i should say those malignants , if they were bad counsellours , were good prophets . is not all that a present truth , which is here laid down as a false aspersion ? when the government by arch-bishops , bishops , chancellours , commissaries , deanes , archdeacons , and all other ecclesiasticall officers , is , according to the tenour of this covenant , utterly extirpate , if all church government be not taken away , let them shew us what remaines ; if every man be not left to his own fancy for the service of god , let them say , what other rule the covenanteers have to walke by , while they are in expectation of a new directory . if the rules of order and discipline , by which the bishops did governe under the king , be established by parliament , and no other so much as pretended so to be ; if his majesty require obedience to these rules , according to those lawes , with the execution whereof , next under god , he is intrusted , when the covenanteers not onely refuse to obey , but sweare disobedience themselves , and require the like of all others , if this be not , what is it ●o absolve every man from that obedience which he owes under god unto his majesty ? the same authours told us at the same time , g we do here declare , that it is farre from our purpose or desire , to let loose the golden reines of discipline and goverment in the church , and leave private persons or particular congregations to take up what forme of divine service they please ; for we hold it requisite that there should be through the whole realme a conformity to that order which the lawes enjoyne . if the reines of discipline be not now let loose amongst the covenanteers , in whose hands are they ? if private persons and congregations be not at liberty , what law does restraine them ? if there be any new forme and conformity established , when was it enacted ? where may we finde it ? it will be said , though they have abjured episcopacy , h yet they intend to consult with divines about setl●ng another forme , most agreeable to gods word , most apt to preserve peace at home , and unity with scotland . if it were not against the law of god to rob the church of all government , as it is against the lawes of this kingdome to abjure the present forme , yet may it well be thought to be against common policy , to endanger the safety , as we have forfeited the peace , both of church and state , by endeavouring to introduce a new government not yet known of what stampe it is , nor what effects it may produce . to forsake all ancient and beaten pathes , et nova & ancipitia praecolere , avida & plerunque fallax ambitio est . great care has been taken for the culling out of such divines as were most likely to comply in their desires of innovation ; many moneths have they sat a consulting , and are yet as farre from agreement as when they first met . if no forme must be setled but such as hath a concurrence of those three forementioned conditions , it is probable there must never be any setled at all . what is most agreeable to gods word , next after episcopacy , may be thought not most apt to preserve peace , among so many different sects at home , at least not most apt to preserve unity with scotland . the scots are resolved their forme , and none but theirs , is according to gods word , i jure divino , and perpetuall ; and the members at westminster were once of the same opinion , or willing to make the scots believe so , when they told them k they concurred with their own judgement touching church government . if so , what need had they to call divines to consult ? was it to be resolved in conscience whether they might lawfully tolerate what is ●ure divino , and perpetuall ? or they were resolved upon the conclusion , but the divines must finde out the premises ? or which is most probable , they never were , nor yet are , nor perhaps ever will be agreed upon any one government ; though they all conspire against episcopacy , as most opposite to their private factions ? for if we must have no government but such as shall please the major part of the members at westminster , whether they consult the assembly for fashions sake , or in sincerity , we are likely to have none at all . when master speaker shall put every particular forme to the question , the maior part , by reason of distraction in affection or opinion , not concurring upon any one , one by one they will all be voted out of doors . for example , shall the presbyterie succeed ? all the independents , all those that are affected to episcopacy , all that are enamoured of any new platforme of prudentiall government by lay commissioners , will with one voyce cry , not content . and such like for the rest ; whatever forme shall be proposed , there will be three to one oddes against it . till this difference be reconciled , if they will not pardon , i hope they may be intreated to reprieve episcopacy ; and till we have either found a better ( which we never shall ) or be agreed upon another government , contenti simus hoc catone . iv. but will extirpation of prelacy be sufficient to glut the malice of the covenanteers ? nothing lesse , there is a clause in the covenant , which is younger brother to the & c● in the canons , of as large extent and more dangerous consequence . for here they sweare to extirpate all other ecclesiasticall officers depending upon that hierarchie . that is , if they would speak plaine english , all the ministers in england that have been ordained or instituted by the archbishops , or bishops , or have been inducted , into their charge by any archdeacon . i hope i need not yet presse the iniquity of this consequence , but it is requisite i shew the truth of it . and let the countrey know , that the most zealous covenanteers in the city are composed of brownists , anabaptists , and other brethren of the separation , who have constantly traduced the calling of our english clergy as antichristian . l it is the 29th article of their ancient confession , that not onely the hierarchy , but the priests and deacons of england ordained by bishops , are a strange and antichristian ministery , and officers not instituted by christs testament , nor placed in or over his church . hence it was that when master ainsworth and his company separated from master iohnson and his church , it grew to a law suit betwixt them in amsterdam who should have the house allowed them by the city for their publique meetings . the iohnsonians objected , the other were schismatickes ; and the ainsworthians would needs prove those were apostates , that they had fallen from their first faith : particularly , tha● they had placed over them one that was made priest by a lord bishops ordination● and had not ordained or imposed hands upon him again , contrary to their 29th article : as also against the 32d article of their confession , which testifieth that all such as have received any of those false offices of the lords bishops , are to giv● over and leave them . the authour of the countermarch to master iames his retreat , endeavours to prove the church of england a false church , and to deny some fundamentall points of doctrine , by this argument : because it denieth christs kingdome and prophecy , inasmuch as it appointeth men to prophecy , to preach and administer the sacraments by virtue of a calling which christ hath not appointed : for the calling of the ministers of england is by the presentation of a patron , by the institution of a lord bishop , and by the induction of an archdeacon , which are the meere inventions and devices of men . therefore the outward calling is false and humane : wherefore as it was an errour fundamentall in ieroboam's church , m that priests were made after his devising : so is it an errour fundatall and corruption essentiall , to make bishops , priests , and deacons , which have a devised office and forme of calling essentially differing from that which god left in the church for the calling of his officers and ministers . — the minister must renounce his corrupt calling by the bishop , and enter by the true calling taught by christ . and let this be shewed by any minister of any parish of engl●nd , if you can . if not , then are they still not truly called , so no true ministers of christ in regard of their calling . i have laid down this testimony more at large , that i might spare the producing of any more to the same purpose out of the writings of barrow , cookie , can , and other separatists ; with whom nothing is more frequent than to condemne our ministery for antichristian ; and to make it no lesse than idolatry , to serve go● in and by such a devised ministery . how many disciples these men have in london , and how orthodox this doctrine is amongst the covenanteers , we may guesse in part , if we call to minde master burton , or who else was the authour of the n protestation protested . he put the question to our english clergy●what if the calling of the ministery it selfe should prove a piece of popery ? and referred it to their consideration , whether they were able to prove themselves the ministers of christ lawfully called , when all of them do immediately derive their ministery from the antichristian hierarchy , or papall prelacy , as the sole foundation thereof . this doctrine found so much countenance even in those dayes , that neith●r the book was thoutght fit to be censured , nor the author to be questioned , though his majesty complained of it more then once . and whether the independents , to whom the spirit of expounding is most familiar , will not hereafter , when time serves , expound those words of their new covenant , all ecclesiasticall officers depending upon the hierarchy , according to their old wont , of all the ministers ordained by the lords bishops , and what will be the consequents of such an exposition ( which i forbeare to presse ) let the whole clergy of england , and the rest of the kingdome consider and beware . v. to sweare or endeavour such an extirpation of bishops , deanes and chapters , as is aymed at by the covenanteers , is not onely unlawfull by the positive law of this kingdome , but , as in the highest degree sacrilegious , utterly against the law of god . to prove which , i shall premise these undoubted grounds of truth . first , that it is y lawfull for any man to doe with his owne what he please , so he doe not misemploy it to a bad end . secondly , that by the law of god , any man may dispose of his meanes as well , if not better , for a pious use ( as the encouragement of learning , for maintenance of religion ) to a body spirituall in succession , as to his heires or executors , or any secular corporation . thirdly , that by our lawes the present beneficiaries ( bishops deanes and chapters &c. ) have as true a propriety in their church-means , as any other person hath in his lay-fee . fourthly , that what is on●e devoted to a sacred use , cannot , without s●criledge , be converted to a prophane . to which purpose i sh●ll not insist upon any testimony of scripture ( as haveing been sufficiently done by p others ) but onely quote ( what will be in some mens esteem of more force ) the de●ermination of an english parliament 25. edw. 1. which declar●s that lay men ( they speak of them●elves , as a parliament ) have no authority to dispose of the goods of the church ; but ( as the holy scripture doth testifie ) they are committed onely to the priests to be disposed off . from hence i shall inferre , first , that , ex plenitudine potestatis , for a parliament to deprive any one bishop , deane or prebend of his present maintenance whereof he is legally possest , unlesse it be by way of punishment for some personall delinquency , is as high injustice as to diss●ile any other man of his free-hold without cause . secondly , that though bishops , deanes and chapters &c. saving the right of propriety to the present beneficiaries , quo jure quâve injuriâ● should be abolished for the future , yet to convert their meanes from a religious to a secular use , contrary to the known intentions and will of the founders , cannot be excused from downe-right sacriledge , and would be the ready way to bring upon us and our posterity all those fearful execrations with which those lands were at first devoted to god and the church ; and we should drink up the dregs of that bitter cup of gods wrath and displeasure , of which , it is to be feared , our forefathers supped too deep . the lords and commons at westminster , in their q ordinance for humiliation , confesse the idolatry and bloud-shed in queene maries daies to have a more immediate influence upon the destruction of this kingdome , for which to this very day was never ordained such a solemne publique and nationall acknowledgement of those sinnes , as might appease the wrath of that jealous god , against whom , and against whose people , with so high a hand they were committed . i doe from my heart subscribe to this confession . but may i not adde from st paul , r thou that abhorrest idols , committest thou sacriledge ? may we not feare that the sacriledge of king henries dayes cryes as loud for vengeance in the eares of the almighty , as the idolatry of queen mary ; this may seem a transient sinne , which dyed with her person , but that is still intailed upon our posterity . and we have never had any solemne nationall acknowledgement of it , or publique humiliation for it . the poore kirk of scotland may in this be a patterne worthy our imitation , s which enjoyned a generall fast throughout the realm , for appeasing of gods wrath upon the land for the crying sin of sacriledge . it is not very many yeares agoe , since a learned t states-man of our owne , observed the lands of the church did passe in valuation between man and man , at a lower rate then other temporalties ; and he thought all the parliaments since the 27 , and 31. of henry 8. to stand obnoxious and obliged to god in conscience , to doe somewhat for the church to reduce the patrimony thereof : since they debarred christs wife of a great part of her dowry , it were reason they made her a competent ioynture . but we have lived to see them of another minde ; i pray god they doe not bring upon this land the sad effect of that u ancient prophecy , an utter desolation , by a forraigne ignoble nation , for our treason and contempt of gods house . that which * some of latter times did expect to see fullfilled upon us , when they observed our sinnes , like the iniquities of the amorites , almost full and ripe for judgement , and told us the time was not far off . i doe seriously perswade my selfe , that not a few of our covenanteers , if the truth were knowne , doe stomach more at the meanes , then at the government of our church . it is neither the calling nor the persons of bishops , or deanes , but the bishoprickes , and deanaries that are a●●ichristian and malignant ; and so they were fairely possessed of these , they care not whether those sink or swim . if the presbytery were as rich as episcopacy , and this as poore as that , the case would quickly alter , and the holy discipline be in danger to be turned out of doores . it is not conscience , but interest that makes prelacy have so many back friend● . it is therefore declared that the publique debts shall be paid out of the estates of delinquents , and malignants ; by which they professe they understand in part all prelates and their dependents . this , if it were true , might be some ground in justice and reason for the sequestration of that temporall right which these men have in their estates ; but none at all for alienating the perpetuity to a secular use ; unlesse god himselfe be a malignant ; of whose patrimony his ministers are onely usu-fructuarii : or seeing the covenanteers pretend to fight god's cause , therefore they will make him pay their wages . if the men be peccant they plead no exemption , no impunity ; sure the meanes is innocent . the scripture is more x expresse in requiring hospitality of bishops then of other men , and therefore in congruity never meant they should be so straitened in their abilities . they are injurious to god who think he would expect to reap more plentifully , where he sow'd more sparingly . if the portion assigned by him to the levites under the law , may be any rule to judge of the ministers competency under the gospell , their revenues will be found much above the proportion of their brethren . it will not be so proper for this discourse to insist much upon any politique considerations for conservation of the churches patrimony : as the constant revenue which it affords to the crown , by tenths , first-fruits , and other annuall charges ; the ordinary supply by way of subsidy , or the extraordinary by loanes and benevolences , wherein the clergy are ever rated above other subjects in proportion . the faire and free estates which their tenants enjoy under them upon easie termes , not racked by such oppressions and exactions as are usually complained of from other landlords ; the many poore officers and their families which are sustained by them in a liberall and ingenious way ; the great edge which they set upon students in divinity , so long as they remaine the prize of virtue and industry ; the grandeur , wealth , and reputation , which the cathedrals occasion to the cities , by the frequent resort of strangers , and others who have businesse to the chapters . but if they shall upon any pretence be swallowed up by those harpies who gape after them , the exchequer will quickly finde the want ; the publique burthens will lie more heavie upon the common people ; their tenants will be reduced to the hard conditions of other neighbours ; their under-officers with their wives and children , if they cannot digge , must be enforced to begge ; the poore will misse of their almes ; and when the reward of piety and learning is taken away , nothing but barbarisme and ignorance will succeed in the place . if nothing that hath been said will move with the covenanteers , who have conspired the ruine of this flourishing church , let them examine whether their intended rapine upon the meanes of this be not directly contrary to the doctrine and discipline of the church of scotland , which they sweare to preserve . their grand reformer iohn knox in a y letter upon his death-bed commands his brethren of the assembly at sterling , with strength in god , to gainst and the mercilesse devourers of the patrimony of the church . if men will spoile , let the● do it to their owne perill and condemnation . but communicate yee not with their sinnes , of whatsoever estate they be , neither by consent , nor yet by silence . but with publique protestations make this known to the world , that yee are innocent of such robberies , which will ere long provoke gods vengeance upon the committers thereof , whereof yee will seek redresse of god and man . their first z book of discipline defines the churches patrimony to consist not onely in all manner of tithes , but in all things doted to hospitality in times past , with all annuall rents both to burgh and land : and declares all those who had got any of it into their hands , to be thieves and murtherers . their second a book of policy is more full in setting forth that patrimony , and concludes , that to take any of it away , and convert to the particular and profane use of any person , is detestable sacriledge before god . one of their b assemblies appointed m. robert pont to write a treatise against sacriledge ; and c another laments the growth of it , to the utt●r undoing of the church , and staying of the planting of the gospell ; to the overflowing of the land with atheisme , and all kind of vice : there being above foure hundred parish ●hurch●s destitute of the ministery of the word by and about the parishes of argile and the iles. let then our covenanteers be well advised , if not for justice sake to the governours of our church , if not for charities sake to their dependents , if not for honours sake , as they expect to heare in other nations and after ages , yet for god's sake , for conscience sake , for their oaths sake , for the doctrine of scotlands sake , let them not rob the church under colour of reforming it . vi . i must here subjoyne by way of appendage , that considering the king at his coronation hath bound himselfe by oath , to defend the rights and liberties of the clergy in generall , and more particularly of the bishops , if he should give them up for a sacrifice to the will of their adversaries , and upon any suggested grounds of policy passe away their rights without their consent , ( which they are bound in conscience to conserve ) though in such a case their allegeance ties them , not to resist , yet ( with humble reverence and submission be it spoken ) i know not how he shall stand excused before god or man from the foule crime of perjury ; and therefore it must be unlawfull for any to endeavour to force his assent to an act so contrary to his oath , as is this intended by the covenant . for clearing of this point , i shall grant , first , that no oath is obligatory beyond the true intention of it . secondly , that any oath taken for the benefit of another may be released by the consent of that party for whose behoof it was taken ; or otherwise it may not● * though it be to the takers own losse . hence i inferre , first , that the kings oath for the preservation of the publique lawes of the kingdome , does not binde him precisely to the perpetuall observance of all those which were in being at the time when he first took his oath , so as to exclude his consent to any future alteration ; but onely so long as regularly they continue in force : and that when the lords and commons in parliament , as representing the kingdome , shall petition for any alteration , the king , if he see cause , may consent unto it , notwithstanding his former oath , as having a relaxation from the kingdome to whom he swore . but secondly , his oath to the bishops and clergy , being not a publique but a particular one , he cannot , salvo juramento , without their consent , give way to the making of any new law in derogation of their liberties which he has sworne to defend . the subject of the legislative power in any state , though by reason of the supreme jus dominii over the persons and goods of all the subjects , he be above law , yet will not that make him above his own oaths and promises to particular persons . for a law gives a right against the law-givers , onely so long as it is a law , that is , no longer than till it please them to repeale it . but a promise or oath made to another , gives a right against him that made it , as long as the creditour pleaseth . were it not thus , the publique faith passed by the king and parliament were of lesse value than any private mans bond , they might void it when they please ; all promise of pardons granted to rebells or other delinquents might be rescinded , and no security could be had by them . the reason i conceive to be this , the king here , and whosoever in other places is the subject of supreme power , though they be originally free from any engagement to inferiour subjects , yet ( if they will ) they may in some things bring a restraint upon their absolute supremacy , vnusquisque potest cedere jure suo , as well for the advantage of particular persons of their own dominions , as to princes , or people of another nation . which if they do , their own act shall binde them ; in justice , if it were but a ba●e promise ; but in religion and conscience , if it be confirmed by an oath deliberately taken , and the matter it selfe be not unlawfull . for this superaddes a religious band unto god , from which they can neither free themselves , nor any other absolve them , unlesse those in behalfe of whom it was taken do release their interest . if this were not so , no oath could be binding unto them . i wil not deny but sometimes there may be just occasion for a king or state to make use of their supreme power to the present prejudice of particular persons , as in case of invasion to destroy a private mans goods , that they may not come into the enemies hands ; but then , i suppose , they are bound in conscience and equity to make him reparation out of the common-wealth for his private losses , deducting so much as he for his part should be liable to bear in the publique charges . which if they shall refuse to do , and will use their summum ius to another mans injury , there is no remedy in foro humano , but they must answer for their injustice at a higher tribunal . here is now the case of our english clergy ; the bishops , deanes , and chapters , &c. have not onely a present personall estate in their baronies and other temporalties , as good in law as any freeholder in the land ; but the body of the clergy have a perpetuall right in succession ; both which his majesty hath by many reiterated d protestations vowed to maintain ; and by the solemne e oath at his coronation ( which has been so often pressed to other purposes ) sworne to keep the lawes , customes , and franchises granted to the clergy : to preserve and maintain to the bishops and churches committed to their charge , all canonicall priviledges , and due law and iustice , and to be their protectour and defender to his power , as every good king in his kingdome in right ought to protect and defend the bishops and churches under their government . after the solemne emission of all which oaths and protestations , as it were a great sin if his majesty upon temporall ends or by-respects , without any offence of the clergy , should put their persons out of his protection , much more if he should cancell all their ancient rights , and alienate their meanes , the thought whereof his righteous soul● abhorres : so they cannot be excused from the guilt of perjury , who either by sly insinuations shall go about to incline , or by armed force labour to compell him to the breach of his oath . the former may be the practice of evill counsellours , the latter is the designe of these covenanteers . i will not define , which are more inexcusable ; their ends may be the same , the maine difference is in the meanes , and this it is ; these would extort injustice from their soveraigne , those would perswade him to it , and so by making him lesse unwilling would make him more guilty ; if the god of heaven , in whose hands are the hearts of kings , do not ( as hitherto he has done ) strengthen him with sufficient grace against the subtilty of the one , as with power against the violence of the other . vii . if all the particulars in the second article were indeed criminall , yet they ought not to receive equall punishment ; much lesse ought all persons without respect , whether truly or supposedly guilty of them , be ( as is here vowed ) in like manner extirpate . nature hath made a difference in crimes ; religion and law admits of a distinction betwixt persons , but this oath confounds all . divines were wont to distinguish of papists , betwixt seducers and seduced ; heretiques , and their adherents ; those the lawes have sentenced to death , but allotted to these a milder animadversion , as of whom it may be true which salvian spoke of some arians , affectu piae opinionis errant . but from these rigid covenanteers a seduced lady must expect no more mercy than a professed iesuite . nay , the king himselfe if he be but prelatically affected , must look for no better measure . by their own confession his person is in danger . if we look backe upon what passed betwixt his majesty and the two houses upon that occasion , we shall finde them thus reasoning against his going into ireland . f if your maiesty shall go , you will very much endanger the safety of your royall person . which will be subiect not onely to the casualty of warre , but to secret practices and conspiracies ; especially , your maiesty continuing your profession to maintain the protestant religion , which the papists are generally bound by their covenant to extirpate . now then , his majesty continuing his profession to maintain episcopacy , which these men are generally bound by their covenant to extirpate ; shall not his sacred person , by the same consequence , be subject to the like practices , from them who have added this clause more than the papists had in their covenant , to extirpate all without respect of persons ? the consequent hereof is a thing in it selfe so horrid and injust , that the sober writers against monarchy , have not been ashamed to professe , that be the crimes of kings never so profane , yet their persons ought to be sacred , not to be violate , not to be touched . and some of the most active well-willers to the cause , have granted thus much truth to us , that difference in religion makes no difference in the right of kings . the lord g brook professeth , he is not of their judgement who say , none that are without the pale of the church have right to any thing here below : but clearly conceives a heathen emperour may be as lawfull a monarch as any christian prince . and i shall sub●ect this reason to it ; because temporall dominion respects men , as they are men , in a civill , politique capacity ; not as they are christians , papists , protestants , of this or that religion . we need not fetch precedents from forreigne countries , the approved practice of our own kingdome will confirme us in this truth . after the death of edward the sixth , when the protestants could see nothing in qu●en mary but what threatned ruine to their persons , and ( if it were in her power ) to their religion too , yet they never questioned her right of succession to the crown because she was a papist . nor did the papists upon that ground oppose against queen elizabeth in the first parliament of her reigne . if it be needfull to adde any examples from scripture , we shall there reade that divers kings of israel were idolaters , h solomon , am●ziah , manasseh , amon , and though the i law was punctuall that idolaters should be put to death , yet we shall never finde that either the people did , or the prophets exhorted them to attempt any thing against the persons , or to withdraw their allegeance from the government of those idolatrous kings . this present oath then is in that particular injust , because it provides not for the safety , but implicitly vowes the destruction of his majesties person , in case he be thought obnoxious to popery , prelacy , superstition , heresie , schisme , or profanenesse ; all which the covenanteers sweare to extirpate , without respect of persons . viii . those malignants or evill instruments , whether truly so called , or falsely suspected , must all be brought to their triall , and receive punishment , as the degree of their offences shall require or deserve , or the supreme iudicatoryes of both kingdomes , or others having power from them for that effect , shall iudge convenient . so as , though the supposed offence of a malignant do not deserve to be punished with confiscation of his estate , with death , or bands , yet if it require it , or if the supreme iudicatory , ( what that meanes , i do not question ) nay , if any inferiour iudge delegate from thence , shall thinke it convenient , be the crime what it will , never so small , never so great , be the law for punishment of it never so expresse , all this is not considerable , these iudges are not tied to any rules of law , but convenience . if they thinke fit , the killing of a thousand men shall be lesse capitall than the cutting off a dogges necke . treasonable words against a worthy member shall be severely punished , but against the king they shall passe unreproved . what though there be lesse justice , there is more convenience in the killing and sl●ying all such as are made delinquents by vote , then in discouraging such as are traitour● by law ? for any iudicatory to arrogate a power of punishing offenders , meerly as they shall judge convenient , and condemning them because they will , though the degree of the offence do not so deserve , is most tyrannicall and injust ; and to delegate such a power to others as they cannot challenge to themselves , is to propagate injustice for convenience sake . in this covenant such a power is pretended to be due to some , and deriveable upon others , and all the arbitrary exorbitant sentences , which either those supreme , or these delegate iudges shall thinke fit to passe , all the covenanteers sweare to endeavour . chap. x. that the covenant is repugnant to those generall ends for which it is pretended to be taken . having dispatched the efficient and materiall , we proceed to examine the finall causes of the covenant , which are set down in the title and preface to it ; they are ( we confesse ) very good in themselves , but such is the nature of the covenant , that the taking or observing of it , is either inconducing to , or utterly inconsistent with those proposed ends , and therefore unlawfull . i. the first maine end is pretended to be here , what in truth should be the supreme end , of all humane actions , the glory of god . however some seduced zelots may have an actuall intention of referring this their oath to that end , yet the thing in it self being incapeable of any such relation , there cannot be a greater profanation of gods ordinance , or indignity offered to his honour , than the abusing of his name to unlawfull acts , uti deo ut fruamur mundo . they who least reckon of his glory are most ready to make use of that pretence . all the popes bulls , thundered out against princes , did ever begin , as this covenant doth , with a nomine domini , having before our eyes the glory of god . there is nothing more certaine , then that the sinfull devices of men do not conduce to the glory of god . ii. the next generall end is said to be religion , pure religion , a common cloake for rebellion in all age ; — saepius olim , religio peperit scelerosa atque impia facta . the sicilian vespers , the massacre at paris , the gun-powder treason , were all , forsooth , pretended to be for the advancement of the kingdome of christ , for the reformation and defence of religion . by which i suppose the covenanteers understand the true protestant religion in opposition to popery . yet i am confident this course of theirs tends more to the advancement than extirpation not onely of popery properly so called , of that pope which every man has in his own belly , but even of romish popery : and serve● rather to confirme that antichrist in his throne , then any way to weaken his force . i am quite of another minde then a m. henderson , had the pope of rome knowne what was done that day , when he made his speech at westminster , it would have made his heart dance for joy , to see the protestants mutually vowing the destruction and extirpation of one another . hoc ithacus velit . this is not the way to unite our selves against the common enemies , b who are the better enabled by our divisions to destroy us all . when beares and lyons goe together by the eares , it is victory to the sheepheard if both be destroyed . we are now doing that of our owne accord , which the pope with all his arts and industry could never bring about . he prayes for the continuance of our warres , as the establishment of his peace , with that old roman , maneat , quaes● , duretque gentibus , si non amor nostri , at ●erte odium sui . quando , urgentibus imperii fatis nihil jam presta●e fortuna maj●● potest , quàm hostium discordiam . they who , in cold bloud , pronounced the peace and quiet of this kingdome to be the c onely visible meanes under god to preserve the protestant religion , if ●hey now sweare no peace , but utter extirpation — iurata nepotibus arma — sure the care of religion is the least thing that troubles them . this then is one meanes whereby the covenant advanceth popery , confessed and visible , our distractions amongst our selves , there is a second more close , which i doubt the iesuites and other emissaries make as much use off , to the seducing of weake soules . namely that the covenanteers here in england have left , as to themselves , no visible church , no knowne rules of doctrine , no set forme of government and discipline , and therefore they begin in london to erect new church-societies according to every mans fancy and humour . this is false for the maine ground , for as our king , so our church , is still the same , nun quam obscura nomina , licet aliquando obumbrentur . both under a cloud in some places ; but though they doe not sh●ne in their full lustre , yet are they not so darkened but any may see them , who doe not wilfully shut their eyes against them . i must not repeat , what i have proved already , that this reformation intended to be brought about by the covenanteers , ( as it is already beg●n ) by force of armes● raised by subjects against the law , to which they owe , and the prince to whom they have sworne obedience , is a thing not onely unwarrantable , as contrary to the word of god , the nature of religion , the practice of the true church in all ages , and the exper●ence of former times , but even against the rules of prudence and civill policy . iii. the third end proposed to this covenant , is the honour and happinesse of his maiesty and his posterity . where the king must of necessity be understood in a personall , not in a politique capacity ; for in that onely he can be said to h●ve posterity , in this he never dyes . now for his spirituall happinesse it must be granted , the many injust provocations frō these covenanteers have afforded him sufficient matter of christian patience and meeknesse , for which he may expect a more eternall weight of glory in the heavens , having on earth had so deep a share in that royall virtue , bene facere & malè audire . but how farre their former actions , and so in likelyhood their present intentions , are opposite to the personall honour , and temporall happinesse of his majesty , let them speak and the world judge . if d whatever violence be used against any that exercise the militia , cannot but be taken as done against the parliament ; by the same reason , whatsoever is done or said against those that execute his majesties commands , he cannot but take as done against himselfe : much more those aspersions cast upon his answers , messages , declarations , proclamations , and other avowed actions of his owne , tend immediatly to his dishonour . the scandalous e impu●ations upon his government , forged in the same shop with this covenant : the defamations and invectives against his person , suggestions against his sincerity in religion , if not countenanced never punished , though often complained off , were these to his honour ? the seising and detaining of his townes , forts , magazine , navy , houses , children , was this for his happinesse ? directing their cannon more especially against that part of his army at edge-hill and newbury , where his sacred person was knowne to be , was this for his safety ? if these things be dishonourable in themselves , it matters not by whose command they were done ; that does not alter their nature , and make them cease to be so . whether their thoughts of his children and posterity be so full of honour as they here give out , we shall be glad to know by their fruits hereafter ; and , unlesse those reveale themselves to the contrary , shall not further question the truth of their pretensions . iv. the fourth end of the covenant is liberty . the common frontispeice to all popular rebellions . libertas & speciosa nomina praetexuntur ; nec quisquam alienum servitium & dominationem sibi concupivit , ut non eadem ista vocabula usurparet , what a precious con●erve of publique liberty , what a sovereigne antidote against any growing tyranny this covenant is like to prove ( which is principally enjoyned for the support of those men● power , who , under pretence of defending , have already destroyed whatever had the face o● liberty by anunheard of tyranny ) may be easily discerned by presenting some few of their exorbitant invasions upon the common libertie of the subject . i am unwilling to be ever bearing upon that harsh string , the liberties of the clergy , which by the f lawes of this land are none of the least . suffering the people to abuse the bishops that they might complaine , and then punishing them for complaining : turning them out of those walls where they had sate ever since there was a parliament in england : usurping the power of the convocation , in refusing to passe such subsidies as they had freely granted , and imposing others upon them without their consent : determining without and against their advice , in matters of religion and ecclesiasticall cognizance : substituting in their place other factious spirits , neither chosen by the clergy , nor approved by his majesty : dispersing printed tickets , inviting all men to accused them , and publishing to the world the most odious extracts of those accusations , before any proofe made of them , or the parties appeared to their answers ; a thing as full of scandall to the religion of the accusers , as of injustice to the parties accused : fineing , imprisoning , sequestring , and depriving them without any due processe of law : all these and more i could presse , but if the liberties of other subjects have been preserved entire , i am content the clergy suffer . we have been informed at large by the g house of commons wherein the liberties of the kingdome consist , and how they were infringed before this parliament . if there be any particular mentioned by them , wherein the covenanteers have not equalled or exceeded all former pretended violations from the crowne● let our sense of the present confer with our memory and experience of the former times , and freely pronounce , whether that remonstrance had more of history or of prophecy . those distempers which before assaulted , never till now over-whelmed and extinguished the liberty , peace , and prosperity of this ki●gdom , nor weakened and undermined the foundation and strength of the royall throne . the forced contributions upon the propositions are executed with more cruelty upon refusers , then any moneys formerly taken up by commissions of loane . the petition of right and priviledge of parliament have been insufficient to protect either other subjects , or the members of that great councell , from fines , imprisonments without baile or habeas corpus , from triall of some , and execution of others by martiall law . tunnage and poundage are received , h contrary to an act made this present parliament , without any colour of law or precedent to warrant it . shipmoney and monopolies are revived under the new name of excise , to the value of many thousand pounds a moneth . a thing on their part so odious and illegall , that they who now impose it did once seem so far●e to detest it as to put out a declaration , i calling it , a scandall raised against them by malignants . not onely private interest but publique faith has been broken by them , in neglecting to pay the scots , according to agreement , employing that and the money raised for reliefe of ireland , to the maintaining of an unnaturall warre in the bowels of england . the covenanting committees have committed more rapes upon the common liberty in one yeare , than all the courts of star-chamber and high commission from their first erection . iudges have been taken off the bench by armed men and sent to prison , for refusing to do against their oaths and conscience , as iudge mallet . others have been so awed , that they durst not do their duty : and the better to hold a rod over them , they have been impeached and committed for high treason ; yet brought to sit upon the bench again before any triall or sentence of absolution , as iudge bartlet . commands have been sent to prohibit their proceedings in severall particular cases . iustices and iurors have been superseded from enquiring upon routs and tumults , and the common iustice of the kingdome hath been obstructed by ordinances , prohibiting the holding of assises , notwithstanding the generall protestation for the free course of justice . new oaths are enforced upon the subject without law . the usuall course of pricking sheriffes not observed , but mock-sheriffes appointed by a new forged broad seale . master white and his assistants triumph in the suspension , sequestration , or deprivation of many painfull , learned and pious ministers . many noble personages and other patriots , are parliament-men in name , but the power and authority is wholly devolved upon a few , whose resolutions and determinations ( if they be brought at all ) are onely brought into the house for countenance and execution , not for debate and deliberation . all military charges encreased and exercised : souldiers , against their will , daily pressed by ordinance , contrary to an act made this parliament . are we any whit the more secured in our persons or estates , so long as the root of all these evils is not truly taken away , but onely transplanted ? which was acknowledged to be the arbitrary power ( formerly pretended to be in his majesty , but now usurped by the covenanteers ) of taxing the subiects without consent by act of parliament . if the blow be the same , it smarts as sore whatever hand inflict it . to change our masters is not to be free . if they truly confessed , ( in the case of hull ) it were in them an act of high iniustice should they destroy mens properties , when we see them daily do it , must we call it therefore just ? they have urged against the king what holds strongest against themselves ; k if by law they might charge the subiect for defence of the kingdome in time of danger , they were ill advised that desired aide of the subiect in such times , and engaged themselves ( as we know they have done ) without a salvo jure , for repayment . admitting it should be so , that without this power of imposing contributions it were impossible to defend the people , it followes not that therefore they may impose such contributions . l if m. pym's excuse be yet authentique , the same law that enables them to raise force● for defence of the kingdome , enables them to impose taxes for maintaining them , otherwise that power were vaine and uselesse , it will serve the king in good stead ; he it is who is entrusted with the power of defending the kingdome ; he to whom the two houses themselves sue for protection ; he to whom they confesse m all mens persons , lands , and monies , are subiect for the publique good . v. the last generall end of the covenant is peace : it is true● the chiefe covenanteers did once professe their detestation of a civill warre , n if it might be avoided without alteration of religion , which they conceived to be the main end of their enemies , and such as would draw with it l●sse of liberty , and subversion of law . this now appeares to be their own main end ; for what else is intended by their oath for reformation of doctrine , and extirpation of the government in our church ? what was it that altered the popish religion into protestantisme , but reformation ? and do not these aime at a greater alteration both in doctrine . discipline , government and worship , than ever the papists went about ? if they had been cordially affected to peace , we had never been driven to these sad extremities of war . they might have had it before the sword was drawn or a blow struck ; no new religion was pressed upon them ; no law denied which might conduce to the publique safety . since the warre begun , severall treaties for accommodation have been proffered to them ; the most rejected , others made fruitles by them . but if war be the onely meanes to procure peace , if weakening and impoverishing the kingdome be the way to preserve it , what hopes have we but in desperation ? may they not yet have peace , if they will embrace it with the same religion , the same old lawes ? a gracious pardon is freely offered to all that will accept it . the happinesse of a blessed peace concluded between the two nations , what hinders the continuance of it ? extirpation of church government was no condition of that pacification . certainly , then these destructive wayes of the covenanteers do not lead immediately to it , but are they likely to end in peace ? yes , when they have extirpated all opposers , vbi solitudinem fecerint , pacem appellant . yet i doubt of that too . the chance of warre is uncertain ; they could not bring their ends about when they had more strength and lesse opposition ; which if they shall ever do , they must know that lawes made by the sword are but short-lived ; they will be unmade so too . doe they hope so throughly to root up the royall vine , and spoile the branches , that there will not be left {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , so much as to powre upon the goates hornes ? there will never be wanting a title to the crown , and justice , or compassion , or faction at home will finde , and interest abroad will lend a sword to defend it . besides , it will aske some time to extirpate popery , prelacy , delinquents , malignants , &c. who being all declared traitours , and by this covenant devoted to destruction , sure they will sell their lives as deare as they can ; they can expect no worse by fighting than they must undergo by submitting ; it is more honourable to die by the sword , than by the halter . moriendum victis , moriendum deditis ; id solum refert novissimum spiritum per ludibrium & contumelias effundant , an per virtutem . but say the covenanteers should at last be masters of their most improbous desires , the kingdome by that time will be so exhausted of men and money and other necessaries , by a long warre , and the consequents of it , plague , famine , and decay of trade , that it will be exposed for a prey to any stranger that shall thinke it worth invading , who cannot want as faire a colour as the scots , either to interpose as mediators , to propagate their religion , to protect , or rescue , or revenge their injured friends . or if all other states should be asleep while our house is on fire , what security can we have from our deare brethren of scotland ; who● though it be in gods cause , will not worke but for their wages ? and to enhanse those they may pr●tract their service so long till all our treasure will not pay them ; and they who come to be partners , will at last look to be masters : aske the stories , which will not flatter , what was the event of calling the saxons and normans into this land . we have nothing to secure us from the like now , save onely the innate candor and veracity of the nation , so much famed in their own , and ours , and forreigne o histories . sic notus vly●ses ! but if the scots should prove as honest as they are wise , would there be any certainty of peace among our english covenanteers ? i conceive not . consider them of two sorts , the one engaged out of conscience , the other for politique ends . for the first , how shall so many different sects be reconciled , who are bound by their oath to extirpate all schisme ? they must fall to it pell mell , the presbyterians , brownists , and other separatists must fight it out . it is not a parliamentary power that will restraine them . the same principles which are produced now against the king , will serve then against the states . their obligations are reciprocall , and if their excellencies faile in their trust , they know what followes . if any insolent demand of popular zeale be not hearkened to , presently ad arma . any turbulent volero , any factious bo●tefeu , may set a city on fire , but it requires paines and skill to quench it . quippè in turbas & discordias pessimo cuique plurima vis ; pax & quies bonis artibus indigent . for the second sort of covenanteers , the politicians , though their stomackes be stayed for a while , and the common enemy do yet unite them , when he is taken out of the way , those coales of dissension , which can at this time scarce be smothered , will then burst out into open flames . essex and waller , manchester and willoughby , denbigh and purefey , brereton and ashton , will then try the strength of their parties . the hopes of sharing the meanes of the church , and delinquents estates , and succeeding in the chiefe places of honour and profit in the kingdome , which now whets their swords against those that hold them , if they misse or fall short of those hopes , will set as sharpe an edge upon them against their new rivals ; they must needs fall ●ut about dividing the spoile . for the preferments being not equall in number to the competitors , some must be put by ; and perhaps those that are advanced , will complain it is below their merits ; when every man shall set the rate upon his own treason , but a few will be satisfied . this will beget new discontents , and those will beget new feares and jealousies , and these will require new officers of state , such as may be confided in ; and what peace , what safety is like to be in the end of all this ? very little , unlesse some of the royall race again , as augustus in the roman state , cuncta discordiis civilibus falsa , nomine principis sub imperium accipiat . chap. xi . that the particular ends of the severall articles are likewise inconsistent with the matter of them . i. as the whole covenant is either inconducing to , or incon●istent with the generall ends for which it is pretended to be taken ; so are the severall articles of it to those particular ends which are specified in them . the reformation vowed in the first , by such a violent course as they now endeavour it , we have alread● proved to be no meanes but rather a hinderance to the growth of religion , and so to that life in faith and love , and cohabitation of god among us , which is the end proposed to that article . the like violent extirpation of prelacy ( which is no sin ) vowed in the second , is so farre from preventing the inconvenience there mentioned , partaking in other mens sinnes , that all who vow it are thereby guilty of sin ; much more they who attempt to do it in such a disorderly way : and most of all those , who , by feare or threatening , ( which is a morall compulsion ) force other men to enter into their covenant , who are either perswaded in conscience of the iniquity of it , or cannot take it without reluctancy and doubting ; and so not without sin . these men making it a touch of other mens affections , and the refusall of it a pretence to spoile and plunder , so causing them to sweare , who , if they do , must forsweare , are most properly and truly partakers in other mens sinnes . ii. lastly , their end of swearing the third article to maintain the rights and priviledges of parliament , and the kings person and authority , is said to be , that the world may beare witnesse with their consciences of their loyalty , that they have no thoughts or intentions to diminish his majesties iust power and greatnesse . this is vain and impertinent , for the world cannot see into their consciences , nor judge of their thoughts and intentions , otherwise than by their actions . it is acknowledged by the lord a brook , that powers are god's ordinances set over us for good , and that kingdomes certainly in holy writ have more for them than any other government . but let the ius regium be never so much by scripture , our king must be allowed no more than he can entitle himselfe to by the law of the land , nor so much neither by the good will of the covenanteers . that the world may have some evidence to passe sentence upon , we shall propose a few particulars , wherein the kings iust power hath been diminished , if not abolished by the master-covenanteers . 1. the kings of england have been anciently so fully invested in the legislative power , that most of the common lawes we are now governed by , do owe their creation or conservation to the meere mercy of the conquerour . magna charta was first granted by henry the third b of his meere free will . c. other statutes which passe in number and have still the force of acts of parliament , are directed as private writs , with a teste meipso : and the common stile of most others runnes in this strain , the king with the advice of the lords , at the humble petition of the commons , wills , &c. the forme of passing billes , which is still observed , is le roy le veult , and soit fait comm● il est desire . hence some have collected that the rogation of lawes belongs to the two houses , but the legislation to the king ; that their act is preparative , his onely iussive . the covenanteers have not onely diminished , but d contrary to their declarations , utterly deprived him of this so iust , so necessary a power , without which he cannot performe his trust , nor discharge his oath to his subjects . for they e challenge him as bound to passe all billes that shall be presented to him as for the good of the kingdome : whereby they do not leave him so much power as the meanest cobler that gives a voyce in the election , or the burgesse that is returned and sits in parliament for any borough . for any of these may freely vote in the passing of any billes , and when there is an equality of suffrages in the rest of the members , his single voyce may carry it , and make that bill a law , or no law . but the king must not meddle in election of members , he must not take notice of any bill , till it be brought unto him for his assent , and in case he refuse , it must be a law without him . witnesse the ordinance for the militia , f and that for tunnage and poundage : besides infinite others to which his consent was never so much as asked , yet are they put in execution with rigour answerable to their power . 2. the king has a just power , as to divers other purposes , so g to passe acts of parliament by his great seale . in diminution of this power , they have declared against his forced absence from westminster , as illegall ; and made an ordinance that all things passed by him under that seale shall be void . 3. the kings just power in declaring law has been formerly so great , that his letters have been taken for sufficient warrants and directions to the iudges to proceed by ; and his h proclamations to severall purposes of no lesse force than acts of parliament . but now that power is wholly i protested against as illegall , and protection is promised to all such as shall oppose it . yet the ground of it , ( declared in the preface to that act 31. hen. 8. ) is still the same , the supremity of the regall power given by god ; and the reason of the k repeale is quite ceased , which was a willingnesse in the king to gratifie his people , and upon trust that they would not abuse the same , but rather be encouraged with more faithfulnesse and diligence to serve his highnesse . 4. the kings power in executing law ●ath been alwayes conspicuous , and undeniedly just in granting out commissions of oyer and terminer for the holding of assises , l and in adjourning the terme to what place he should thinke fit ; a power as anciently due , so of late acknowledged in an act made this parliament for the abbreviation of michaelmas terme . yet have the covenanteers m forbid any assises to be kept ; they have voted the kings removall of the terme to be against law , and promised to keep indemnified all iudges and others that shall disobey his majesties proclamations in that behalfe . 5. the power of making iustices of peace is so entirely the kings by n law , that it depends wholly upon his pleasure and will . yet would the covenanteers diminish his power , for they o require that such may be put out of commission as they desire ; and such put in , as were removed without their consent . 6. the power of pardoning is so inseparably and absolutely the right of the crowne , that the p law estates it wholly and solely upon the king . and it is not long since the covenanteers did q confesse as much . yet is nothing more frequent in their ordinances than to promise protection for the time to come , and impunity for the time past . and does not their covenant vow the punishment of all delinquents , without any hope of pardon from his majesty or themselves ? 7. the kings power over his household , and the choice of his officers is so just and reasonable , that they have not stucke to r acknowledge it an undoubted prerogative to dispose of preferments in his own family . yet , next to the robbing of the church , nothing is more aimed at than to robbe his majesty of this piece of soveraignty , to get the disposall of his servants and marriage of his children into their hands : as the nineteen propositions first informed us , and their actions since abundantly confirme . 8. the law hath placed in the kings person a power to protect all other persons : as s themselves confesse in terminis ; and to desire him to part with this power is such a supposition as cannot fall upon a parliament . yet has it been long , and still is their utmost endeavour to devest his person of that power , by excluding him out of the exercise of the militia , to deprive him of all those meanes whereby he should protect both himselfe and others , by declaring his t personall commands , of what nature soever , to be of no force ; and by putting such a u distinction betwixt his person and his office , as under colour of defending this exposeth that to the vilest attempts that any traitour can plot , or any assassine commit . 9. that supremacy of power which the law placeth in the king * over all states , as well as over all particular persons , which all the subjects of this realme , and the members of parliament more particularly are bound by oath to acknowledge and maintain , which they grant to be due unto him , when they desire him x to protect them in their priviledges , and challenge such protection , as due from him ; when they make all their addresses unto him by way of petition , and stile him constantly in their acts their onely soveraigne lord . yet the covenanteers endeavour to disseise him of this supreme power , some by making the houses coordinate with him , others by making him subordinate to them , and upon that ground justifying their taking up armes against him . 10. lastly , though the power of calling and dissolving parliaments , as well as the appointment of the time and place , hath ever y belonged to the kings of this realme , yet is this z denied to be any prerogative , and advantage taken from a late act , contrary to the kings intention and the kingdomes expectation , contrary to the equitable meaning of that very statute ; contrary to the promise of the authours , to the inestimable prejudice of his majesty , and the great griefe of his subjects , who are hereby deprived of the benefit of all other good lawes , and more particularly of that for the frequency of parliaments . first , it is undoubted neither king nor kingdome ever thought to have seen the sad effects of that act for continuance of this parliament which they now feele . secondly , the act it selfe , though it be not limited to any determinate time , is in its own nature but temporary . it was made for a transient cause , that the houses might finde credit for the raising of such money as was then necessarily to be advanced , a as accordingly they did . and that rule in the civill law , cessante causâ , cessat lex , the lords and commons have b declared to hold good in acts of parliaments ; thence concluding that act 5. hen. 4. for the commission of array to have expired with the cause of it , though it were never repealed . thirdly , they did promise c that the gracious favour of his majesty expressed in that bill should not encourage them to do any thing , which otherwise had not been fit to have been done . they having failed in the performance of that trust , whether is not his majesty in equity free from that restraint wch in confidence of their loyalty , he brought upon himselfe ? and if they shall refuse ever to consent to an act for dissolution , as unwilling to part with that paramont power which they have now possessed themselves of , whether is the king and kingdome left without redresse ? or may it not be lawfull for him to resume his ancient right ? especially considering the house of commons did d professe to the kingdome , that the restraint of the royall power in that particular , was not to take it out of the crown , but to suspend the execution of it , for that time and occasion onely ; which occasion is now over , and the time long ago expired . it is full time that the bill for the trienniall parliament take place , at least once in foure yeares ; if not those other two e lawes for holding a parliament once every yeare . if they be still in force , what hinders but they may be put in execution ? nothing but the rigid interp●etation of that clause in the late act , which requires that this parliament shall not be dissolved , unlesse it be by act of parliament to be passed for that purpose . yet custome or desuetude are allowed to prevaile against those very lawes which are made with speciall provisions , that no custome or desuetude shall prevaile against them . suppose all the members should be taken away by death before any act passed for the dissolution of this , were it not in the kings power to call another parliament , because the act for continuance of this is not repealed ? those two former statutes of edward the third though never repealed , yet were as good as void by disuse . when pa●liaments in that kings time were made so frequent , they became a burthen to the subject ; and therefore it was found requisite in the reigne of his successour to make a penall f law to inforce the members to obey their summons . and i finde in the g history of those times , that the clergy granted a tenth , and the laity a fifteenth to the king , upon condition , that he should not call any more parliaments within the yeare , scilicet à calend. mart. usque ad festum sancti michaelis anno revoluto . the non-observance of which condition is objected to that king . so farre different was the opinion of those dayes from these of ours concerning annuall or perpetuall parliaments . though all former statutes are repealed by the later , even then i suppose in judgement of law , when there is no speciall mention made of any repeale , and notwithstanding the former require to stand unrepealed , unlesse it be by speci●ll act. which clause may be thought of as little use in this case as that we meet with in ●ome of our statutes , which pronounce themselves perpetually to be observed , notwithstanding any act of parliament made or to be made to the conrary ; this will not protect them against a future alteration or repeale . yet i will not affirme that the act of pacification , though it was made since the act against the dissolution of this parliament , is an act passed to that purpose , however there be something in it that may be applied that way . for it buries in forgetfulnesse , not onely all acts of hostility , which might be conceived to arise upon the comming of the scotish army into england , but all counsels having relation thereunto ; that the same , and whatsoever ensued thereupon , trenching upon his majesties honour and authority , be held and reputed as if no such thing had ever been thought or wrought . it is too apparent , that the former act for continnuance of this parliament , trencheth very deep upon his majesties authority , and had a very neare relation to the businesse of scotland ; being obtained for the more easie raising of money towards the payment of the scots , and concluding a firme peace between the two kingdomes . besides , there is a speciall proviso in that act of oblivion , that it shall be no prejudice of the brotherly assistance promised to the scots , ( which assistance was agreed on by act of parliament , ) but no proviso for saving any other act incompatible with this ; and we use to say , exceptio firmat regulam in non exceptis . but where the words of the law are ambiguous , we must not presume to fasten our owne sense upon them , but submit to the declaration of the law-giver , the king , who by the advice of his learned councell ( without calling a parliament ) may expound the law where it is doubtfull , as his predecessours h have done in other case● . it is further observable , that the same statute which sayes , this parliament shall not be dissolved , sayes also , it shall not be adiourned unlesse it be by act of parliament to be likewise passed to that pu●pose . yet we know the two houses i did , and lawfully might , adjourne themselves from westminster to london , without any act passed to that purpose . why then may not the king command them , at least their chiefe committee , to adiourne from that place where they now sit to some other of more safety , where all the members may freely meet and consult ? if the freedome of the place be so necessary to all councels , that the want of it hath been ever objected , and that justly , as a nullity to all their proceedings , and in particular the supposed designe of bringing an army to awe the parliament , or any attempt of force against the members , have been truly k declared an endeavour to pull up by the root , and totally to subvert the parliament , and to tend to the destruction of the very being of parliaments ; if the want of freedome and safety be truly l declared a thing inconsistent with the nature of that great councell . then undoubtedly so long as westminster does not afford security and freedome to the members , so long no true parliament can be there , which should be as free from apprehensions of force , as from imputations of faction . i would willingly learne , but i canno● finde a teacher , wherein the fundamentall lawes of the land consist . for if the taking away the kings power to dissolve , adjourne , or prorogue parliaments , be against the fundamentall lawes , m then no statute makes it good . now whether the perpetuity of a parliament do not tend to the alteration of the government , and so be against the fundamentall law ; whether the forced exposition of the late act against dissolution , extending it beyond the time and occasion for which it was made , do not make it as good as perpetuall . whether this do not make way for the finall ruine of all parliaments , in case the city should be surprised by an enemy , the king or members all taken away by death , before any act be passed for dissolution . whether for defect of an act it may not be dissolved by ordinance , by the same fundamentall law by which this new oath is imposed ; whether it be not good in reason , yet it must be good in law , that a body politique may decree by what death they will die , by act , by writ , by ordinance , by losse of the head , or by consumption of the inferiour members ; these are scruples which others may resolve . but if treason be a charge which a parliament cannot be capable of , as they n declare it is , and i believe it to be true ; because perhaps , as some romish doctours have asserted the popes infallibility , teaching that he cannot erre as pope , for if he do , he ceaseth to be pope , so if the maior part of one or both houses shall consent unto , approve or command any treasonable act , they thereby cease to be a parliament ; who are presumed in law to be no lesse than they professe , his maiesties faithfull and loyall subiects . then if the members at westminster by raising warre against the king , o by forging a new great seale , and declaring the old one , by which they were called and do sit , to be of no force ; by calling in an army of strangers , or by any other act or vote of theirs be trul● guilty of that charge , ●hey are no longer to be looked upon as a parliament . lastly , if the equitable sense of the law may take place here , which has been pressed so much in other cases , it must be acknowledged that the essence of that great councell does not consist in the place , but the persons : for the place may be changed , yet the parliament remain still the same . when we see farre more of the lords with his majesty than at westminster ; when we finde upon strict account that the maior part of the commons are either driv●n away , or have deserted that cause ; when we observe how many members of either house do daily hazard , or have already spent their lives in the service against it ; when we weigh their qualities , abilities , and estates with those of their opposites , and finde them to be men of the best ranke in their countries , of known integrity for their lives , of unspotted zeale to religion , of sound judgement and knowledge in law , of publique thoughts to the good of the kingdome , as well as loyalty to the ki●g , which hath engaged them in this warre , by which they have lost more already than the opposite faction ever had , and expect to gain nothing but the testimony of a good conscience ; when we consider how many of those that are most active at westminster , by reason of their undue election , had never any right to sit there , and suppose that many others still remaining are not alwayes carried along with the streame ; when we remember by what meanes the bishops ( who are acknowledged by parliament to represent one of p the three estates of the realme ) were thrust out , contrary to the fundamentall law , and how by that meanes all succeeding exorbitancies have been falsly fathered upon the parliament : we cannot but pronounce upon these premises , that the parliament is in truth for that cause which is owned by his majesty , and not for that which passeth under the false usurped name of king and parliament . chap. xii . the true end of framing and enjoyning this covenant , the bringing in of the scots , absolutely unlawfull . having done with the many specious and pretended ends of the covenant , we are come to the true end of covenanting at this time , which the schooles would call finis applicationis , & finis operantis . this in particular persons may be divers , as the desire of advancement in some , the hope of impunity in others , but the main general end which first set the contrivers on worke about framing this covenant , and keepes them still at it , by pressing it upon this kingdom , was the bringing in of the scots . a the covenant is one of the postnati of that kingdome , it was begotten and borne in edinborough , onely our english commissioner● played the midwives , and helped to licke it over into some fashion . vnlesse the faction in england would engage themselves and their adherents in such a combination those conscientious brethren of scotland refused to assist in this rebellion ; as they are now ready to do , being upon their march to invade us . a thing so repugnant to the weale of this kingdome , that no true english heart but will abhorre the mention of it ; and so unjustifiable in respect of them , that no scot , who has any sense of religion to god , of gratitude and duty to their native king , or of brotherly charity to this neighbour nation , will ever dare to draw his sword in this quarrell . i. first , how farre it may endanger the being of this kingdome to admit an army of strangers into her bowels , none such an infant in discretion or history but is able to descerne . the calling in of forreigne force , if it were not treason by law , is a thing so odious in nature to any that is touched with affection to his native countrey , that his majesties greatest enemies could not suggest a calumny more malicious against him , nor more powerfull to steale away his sub●ects hearts from him , than by giving out that he intended to make use of forreigne aide when they supposed they had brought him to so low an ebbe , that he would never finde sufficient succour from his own subjects . they are now driven to as great an exigency , and make no scruple of acting that course , which no necessity would suffer to enter into the kings thoughts . such was his tender care and fatherly affection to his people , he chose rather to run the hazard of his owne ruine , then owe his preservation to any hands but such as god should raise up in his defence among his owne subjects . these waies of the covenanteers doe both justifie the commission of array against all their former objections , which grant it lawfull in the comming in of strange enemies ; and if his majesty should follow their example , and hire an army to assist him from some other nation , whatever were the consequents of it , they must beare the blame that first led the way , and he would be clear before god and man . ii. secondly , this intended invasion is so injust in respect of the scots , that all who heare of it must cry shame upon them , who at the same time enter into a solemne vow inviolably to observe the articles of the late treaty of peace betwixt the two nations , and to endeavour that they may remaine conjoyned in a firme peace and union to all posterity , and that justice may be done upon the wilfull opposers thereof , and at the same time seise upon berwick and put a garrison in i● , contrary to an expresse article of that treaty of peace so lately concluded and setled by both parliaments ; and are now upon the poynt to power an army into this kingdome ; whereby it appeares that though we made peace with them , they made none with us : and we conclude , as a former b parliament did against them , that it were better for us to be at open war with them , then under such a feigned peace . iii. they cannot say , nor doe they pretend , that any one article was violated upon our part , unlesse it were by those whom they come to defend . what cause then have they for this invasion ? is it for their own necessary defence ? nothing is threatened , nothing intended against them . is it to revenge any injury we have done them ? if any were done on either part , we have dearly paid for it already , and by the act of oblivion all former bitternesse should be forgotten ; but chi offende , non perdona : they wronged us so much , they will never dare to forgive us . is it for the lawfull recovery of any right that we have taken and detain from them ? nor so , nor so . what then is it which may give any colour of justice to this expedition ? forsooth ; no other then the good of religion in england , the deliverance of their brethren out of the deeps of affliction ; the preservation of their own religion and themselves from the extremity of misery ; and the safety of their native king and his kingdomes , from destruction and desolation . — ad populum phaleras . — we must be very silly if we be cheated with such faire words . 1. concerning the first we have already disputed and ( i hope ) proved , that it is not lawfull to propagate religion by armes . nor is it true that those whom they call their brethren in england suffer any thing for their religion , or need shed one drop of blood in defence of that power without which religion ( as they pretend ) cannot be defended . it has alwaies been , and still is , the passionate desire of his majesty to preserve the protestant religion , and the just power of parliaments . he has often profferd , and is still ready to performe , to passe any lawes that shall be presented to him , for hindering the growth of popery , and securing the just priviledges of parliament . he has onely refused to consent to such an alteration in religion and government as the enemies of our peace would force upon him , under the generall name of reformation , who are not yet agreed what is meant by it more then extirpation . and therefore if the scots should sit still and hold their peace , they need not feare the curse of meroz when they looke upon the cause which these men maintaine . which if it were indeed ( what it is not● ) the cause of religion , it were but common to them with other christian churches , which lye groaning ( as they tell us ) under the yoak of antichristian tyranny . if the scots think themselves bound in conscience , and have any calling or commission from god , to be the catholique reformers of other nations , they should doe better to begin their reformation in other popish countries , where there is more need of it , and where lesse exception can be taken to it : where it may be free from any suspicion of rebellion against the prince , as being not their own native king ; and of ingratitude and perfidiousnesse to the countrey , as having not received equall courtesies from them , nor entered into the like union and pacification with them , as they have done with england . god forbid that those weapons which our money hath put into their hands should be drawne to cut our own throates , or that our kingdome should be ruined because they think it fit to be reformed . 2. and concerning the second , if they do not enter into england and lift up armes against their owne king , who ( as they confesse ) hath promised and done as much for them as may secure them in their religion and liberties , we shall never blame them . but if they shall conceive of themselves , or be perswaded upon reports from hence , that those who adhere to his majesty in the present quarrell are none but a popish , prelaticall and malignant party ; whereas it is evident to the world that the greater part of this whole kingdome sides with the king , otherwise their assistance had never been implored , never purchased at so high a rate ; that many thousands of the best repute for religion towards god , and affection to their countrey , to the certaine damage of their estates , and hazard of their lives , doe appear in this cause upon no other incentives but of conscience and loyalty ; it is but a groundlesse pretence in the scots to talke of providing for their owne pre●ervation against those that meane them no harme . no pretended experience of former times , much lesse any principles of their owne declarations , or conceived jealousies o● the vindictive disposition of the english , can warrant them before god , or cleare them to the world , if they shall take advantage of our present weaknesse , and attempt a conquest of us now , because it is possible , if we once recover of these distempers , and be united amongst our selves , we may be strong enough to resist them hereafter . nor is there any necessity that the condition of one kirk and kingdome , either in religion or peace , should be common to both : the present evidence of their quiet and our unrest proves it otherwise . and if we should ever be restored to our right wits and former quiet , whether they consider the peaceable disposition of his majesty , his princely clemency towards all , and tender affection he has ever borne to his native countrey ; or the loyall disposition of his adherents in these troubles , falsly called , malignant and preiaticall ; whose constant practice hath ever confirmed their doctrine of subjection to the magistrate , and to whose profession and interest nothing is more repugnant then a civill war , by which they may loose all , but are sure to gain nothing ; or they consider the present condition of this whole kingdome , harrased and spoyled by these intestine divisions , which will certainly produce this good effect , that if once we see an end of these warres we shall better know to value peace hereafter , and not be easily engaged againe . from these grounds of common reason they might conclude more solidly , more charitably , that what ever be the event in england , if they doe not imbroyle themselves without cause , they may for ever enjoy their religion and liberties , and need not feare an afterclap from hence . and let them remember thus much more of israels leading into captivity , that they never revolted from their god , till they first revolted from their king ; rebellion led the way , idolatry followed after , and both ended in captivity . god preserve both them and us from such a judgement . but let them take heed how they dally with edge-tools ; how they make solemne oaths to god , protestations to the world , promises of peace and vnion to their neighbours , when they intend nothing lesse : how they begin a nationall warre against us , without any provocation from us , or previous denunciation from them , contrary to the late treaty , onely upon conceipt , that if the power of this kingdome be recovered into those hands out of which it was wrested by violence and injustice , we may possibly , according to the treaty , within three moneths denounce war against them . 3. and concerning the third , if the question be not whether they should presume to be arbitrators in the matters now debated by fire and sword , betwixt his majesty and those whom they call the houses of parliament , which is truely forraigne and extrinsecal to that nation , they having no relation to , nor dependance upon the two howses or kingdome of england , onely they owe subjection to the same king ; why then , after their mediation hath been rejected ( as they suppose ) by both sides , upon confidence of their owne strength and severall successes , or unwillingnesse to receive conditions from strangers , should they think it their duty , though it be in their power , to presse that ecclesiasticall governm●nt upon us by force of armes , which his majesty hath often declared he will not , and the two houses have never declared that they will accept ? they have vowed the destruction of all those that adhere to his majesty under the name of malignants and evill instruments , and when they come with an army to pay this vow , call they this stopping the effusion of christian blood ? to hew out their way by the sword through all the forces raised for a guard to his person , amongst whom he has yet been safe , whose actions have been as full of loyalty as their adversaries professions , is this to rescue their native king● his crowne and posterity out of the midst of dangers ? to help to sacrifice the greater part of this kingdome to the malice of those by whom they are declared traitors , is this to preserve his people from ruine and destruction ? what if every private man be bound in duty to interpose himselfe as a reconciler betwixt his neighbours armed to their mutuall destruction ? must they therefore help with armed force to destroy the one party at variance ? is this the part of a reconciler ? what if the sonne ought to hazard his owne life for the preservation of his father at variance with his brother ? must they therefore take up armes to endanger the life of their king , t●eir civill father , to side with a company of schismatiques that flatter them with the name of brethren ? iii. when they ask , shall a kingdome sit still , and suffer their king and neighbouring kingdom to perish in an unnaturall warre ? i shall answer this question to their owne content ; it is not fitting , it is not lawfull . but let me in courtesie ask them another . when a kingdome hath taken notice of a difference debated by fire and sword betwixt their owne king and some of his subjects of a neighbouring kingdome ; when they have solemnely vowed not to give themselves up to a detestable indifferency and neutrality in that cause ; when they have observed that the maine poynt in controversie is because the king will not consent to alteration of some lawes already established ; which he holds himselfe bound in conscience to preserve ; after the whole clergy in their c nationall assembly have promised to keep the people under their charge in obedience to his maiesty and his lawes , confessing it a duty well beseeming the preachers of the gospell ; after their whole d kingdome has sworne , with their meanes and lives to stand to the defence of their dread soveraigne , his person and authority , in every cause which may concer●e his maiesties honour , with their friends and followers , in quiet manner or in armes , as they shall be required by his maiesty ; after they have acknowledged in their nationall covenant , that the quietnesse and stability of their religion and kirke , depends upon the safety of the kings maiesty ; and have therefore universally protested and promised under a solemne oath and hand-writ , upon fearfull paines and execrations , e to defend his person and authority with their goods , bodies , and lives , against all enemies within the realme , or without , as they desire god to be a mercifull defender to them in the day of their death , and comming of our lord iesus christ ; after the nobility , gentry , burroughs , ministers , and commons of that kingdome have confessed themselves , f bound by all the ties of nature , christianity , and gratitude , so fully satisfied and perswaded of the royall zeale , and constant resolution of his maiesty , to preserve the lawes and liberties of his kingdomes , that it were the height of disloyalty and ingratitude , if they should harbour any scruple or thought to the contrary , having so many reall and recent evidences of his royall goodnesse , iustice , and wisdome , in setling and establishing the true religion , the lawes and liberties of that his kingdom , to the full satisfaction of all his good subiects ; after all these vowes , promises , and protestations , how can they be so strangely given up to folly and wickednesse , as to thinke it their duty , it being in their power , to come with armed force to end our quarrels , by taking part with them to whom they owe no duty , and fighting against that part which is owned by his majesty , to whom they stand bound by all the ties of nature , christianity , and gratitude , who has left nothing undone that might give them content ? certainly if they shall so farre forget or cast behinde their backes all these solemne vowes and professions , they will one day rise up in judgement against them . and if they shall hearken to the call of the enemies of our peace , and come to assist them in this unnaturall warre , as they threaten to do , though in the time of animosity and appetite of revenge , such invasion may be well taken by those who invite them to helpe to destroy their brethren : yet afterwards , when the eyes of the minde , no more bloodrun with passion , do discerne things aright , it will be a griefe and offence to all true english hearts , to see how they have sold themselves slaves to a viler nation ; and they may be more united to cast them out , who were so ready , upon the advantage of their divisions , to thrust themselves in . i shall in the mean while put them in minde , that there was a time when they had , if not a juster cause , a better colour for invasion of england ; yet then they so farre disclaimed all intentions of it as to call the bare mention of it , g the despitefull and devilish calumny of the disnatured enemies of their kirke and kingdome . i am commanded to forget what they did then , but if they shall now verifie those calumnies , and falsifie all their solemne oaths , though the king and this kingdome should not be able to call them to account , there is a god in heaven that sees all their hearts , and will judge all their actions . and they cannot be ignorant that all the colours which they use in excuse or defence of their intended expedition , may with equall , nay better , reason be alleadged by any other nation , that have a minde to oppresse and subdue upon pretence of assisting us , of providing for their own safety , or comming to compose our differences . chap. xiii . from these premises the covenant is concluded unlawfull , in respect of the forme . having thus deduced at large the severall illegalities of this holy league , both in respect of the efficient and finall causes , but especially in respect of the matter , it naturally followes that we conclude it in the last place to be likewise unlawfull in respect of the forme . for whereas the nature of an oath league , covenant , or vow , requires that it be holy , just and good , this thing being a confederacy of subjects , against the will of their sovereigne , pretending many good , but intending a bad end , swearing many things in themselves unjust and contrary to all law , divine and humane , the covenanteers by labouring to induce the forme of a solemne oath , a sacred covenant , a religious vow , upon a matter so indisposed and incapable of such a forme , do profane the ordinances of god , and give that which is holy unto dogges . any simple promise , in respect of the forme or nature of it , is apt to create an obligation of civill honesty , trust , and fidelity : if it be mutuall by way of contract , as a league and covenant , it induceth a further tie of justice : if a vow be joyned to it , this superaddes a band of religion : if all these be confirmed by a solemne oath in the presence of almighty god , the searcher of all hearts , with a true intention to performe the same , as we shall answer at the great day , when the secrets of all hearts shall be disclosed , it is not capable of any further addition ; this is truly a confessed to be the strongest obligation that any christian , and the most solemne publique faith that any state as a parliament can give . in an assertory oath we make god our witnesse ; and if we speake not truth , we make him a lyar . in a promissory we make god our surety ; and should we faile in performance , we cast an imputation of perfidiousnesse upon him , as if he were not faithfull in his promises . in a vow we make god our creditour , we plight our faith to him , and when that is confirmed by an oath he is both our witnesse and sponsor too . so as to sport , and play at fast and loose with these many religious obligations were little lesse than to deny him . he that makes no conscience of an oath , though he do not speculatively believe god a lyar , or a promise breaker , yet practically he deales with him as if he were no better . the more sacred this band is in it selfe the more religious caution ought every man to use before he enter into it , even then when it is conversant about a lawfull object . but if any shall dare to prostitute this holy ordinance to profane ends , and stampe their unjust actions with the impression of it , it is such a crying sin against god , that i dare not promise them any remission . i have heard of some whom i knew , and therefore will not name , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , who after they were induced by perswasions , or feares , or other worldly considerations to take this covenant , their conscience was so thunder-strucke with the horrour of their sin , that their own blood spilt by their own hands was not sufficient to wash away their guilt ; and i cannot tell whether they found any place for repentan●e though they sought it with more than teares . if their case be so desperate who are enforced to take it , what shall we thinke of those that enforce it ? let them sequester our estates , we care not ; god will either provide us more , or give us grace to be content with lesse ; if they take away our meat , he will take away our hunger . let them imprison our persons , we thanke them , so they leave our conscience free . but o , let them not by threatning death to the body , if we refuse their covenant , destroy our soules by taking of it . let them remember and abhorre the example of that wicked miscreant who having his enemy prostrate at his feet , promised him life if he would deny his saviour , and when he had done so immediately slew him , making his proud blasphemous boast that he had murthered both body and soule at one blow . god in mercy open their eyes that they may see the errour o● their wayes ; then they will confesse , what is certainly true , that this their new covenant being taken without authority , and contrary to their former lawfull oathes of supremacy and allegeance , was void from the beginning ; and does not binde them to any thing , but what i heartily wish they may finde in the end , repentance . finis . notes, typically marginal, from the original text notes for div a67901e-6160 a vide ; exact collection of all remonstrances , declarations , &c. between the kings majesty , and the parliament . pag. 61. 102-127 . 164.1●● . 252. & 381. b declarat . of may . 19 1642. e c. p. 213. vid. & p. 16. & ●86 . c ex coll. p. 255. d m. nye in his exhort . co● . with a narrative . p. 21. a covenant with narrative . p. 28. b m. wards analysis of the covenant . c edenb. ian. 4. 1642. d s. andr. may . 3.1642 . e.c. p. 598 , 599 , & 600 , 602. e order of the commons . sept. 25. 1644. f octob. 22. 1642. e.c. p. 663. g matth. 10 , 28. h matth. 16 , 18. i & 7. 27. k act. 5.29 . l covenant with a narrative . p. 28. m ministers answer to the 4. dem. of the doct. of aberden . n ibid. answ. to the first demand . & answer to the first reply . o ordinance of the committee of estates , nov. 6. 1643. p 2 parl of k. charles . act. 29. q covenant with narra . pag. 28. r vid gen. 17.7 . deut. 29.12 . iosh. 24. 23 , 25. 2. chron. 15. 8 , 12. & 23. 16. & 29. 10. & 34.31,32 . nehem. 5.14 . & 10. 1 , 28 , 29. s 1530. & 1535. sleidan . com. lib. 7. & l 9. * 1552. t strad . hist. lib. 5. me●erran . lib. 2. pag. 44. u idem . lib. 6. pag. 177. lib. 7. p. 194. lib. 4. p. 95. lib. 8. p. 217. 227 , 228. lib. 9. p. 239. 248. * covenant with a nar. p. 12. & 19. x view of the covenant . p. 15. y m. ward . z thuanus d' aubigue davila , &c. a numb. 30. b ex. coll. p. 859,860 . c ib. p. 908 , 910. d e. c. p. 628 , & 823. e e.c.p. 270 , 715. a harmon , confess . b counter-march to m. iames his retreat . 1607. c ibid. & protestation protested . pag. 14. d considerations to diswade men from further gathering of churches . decem. 23● 1643. e vid. 27. ●en . 8. c. 24. f feb. 1● . 1642 e.c. p. 917. g k. iames his proclamation for uniformity . 1. iacobi . march . 5. a orders of commons sep. 25.1643 . b consid. of the assembly . dec. 3. 1643. c covenant with nar. p. 17. d s. andr. aug. 3. 164● . e. c. p. 598. e edenb. aug. 18 1642. e. c. p. 599. f ex. coll. p. 602 , 603. g analysis of the covenant . h ex : coll●p . 636. i vid. 1. hen. 4. cap. 14. & 4. hen. 4. c. 23. k 14. ed. 3. c. 5. l 24. hen. 8. ● . 12. 1. eliz. c. 1. 24. hen. 8. c. 19. m covenant with nar. p. 32. a con● . scot . artic. 20. b first argument against the canons , p. 17. c second speech , p. 13. d e.c.p. 655. e ib. p. 114. 158.164 . 272.716 . f 1642. e.c.p. 35. g ib. p. 724. h ib p. 278. i ib. p. 580. k ib. p. 81,94 . 684. l ib. p. 565 , 566. m ib. p. 156. n e.c.p. 628. 823. o ib. p. 493. p ib. p. 100. q ib. p. 338. r for taking away the high commssion . s ex : co●l : p. 260. & 57● , & 509. t ib. 576. u considerations , &c. decem. 23● 1643. a e.c. p. 93. b 2. parliament of king charles . act. 27. c e. c. pag. 148. d & 143. e m. prina● soveraigne power of parliam . part . 4● f 2. parliament of king charles . act. 38. g vid. 4. iacobi . cap. 1. a covenant with nar. p. 17. e.c. p. 228. 603. 604. 637. 624. 826. 915. b lysimachus nicanor . c discourse of epis. sect. 1. c. 10. p. 54. & dei●ceps . d ib. p. 59. e ib. p. 61. f ibid. g ib. p. 62. h ib. p. 60. i id. sect. 2. cap. 7. p. 119. protest●tion protest●d . pag. 2. countermarch , &c. k view of the cov. p. 35. l covenant with a narrative . m m. nye in his speech . pag. 13. n 1. ed● 3. cap. 5. o e● c. p. 88. 389. p sleidan . gerard . camerar. o●iander . q rom. 10.2 . r discours . sect. 1. c. 9. p. 51. s ib. p. 52.53 . t 1. eliz. c. 1. u 1. cor. 11. 18,19 . * de haeres . lib. 4. c. 62. x e.c. pag. 859. 860. y e.c. p. 278● z ex. coll. p. 19. & 59. a ib. p. 112● b ib. p. 723. c e.c. p. 10● . d e.c. p. 156. e e.c. p. 580. f ib. p. 745. g m. mocket . view of the covenant . pag. 36. see to this purpose , a solid learned discourse , of resisting the lawfull magistrate upon colour of religion . a ioh. 18.36 . b 2. cor. 10.4 . c matt. 5.44 . d gal. 1.14 . e philip . 3.6 . f act. 9.2 . g ioh. 16.2 . h ib. vers 3 i mat. 13.30 . k covenant with a narrative . p. 24. l 2. tim. 2.25 . m e.c. p. 725. n & 728. o rom. 8. 17. 2. tim. 2. 12. 1. pet. 3.14 . & 4. 16. p 2. cor. 1.24 . q iohn 6. 67. r luke 9. 54. s mat. 26. 52. t acts 5.41 . u phil. 1 . 29● * arnob lact. cypr. contra demetr. tert. in apol. & ad scap. iust. in tryph. aug. in psa. 144. ambros. in luc. 22.38 . atha● . ep. ad solit. . vitam agente● . x confessio aug. art. 16. gall . art. 40. helv. art. 26. scot. art. 24. angl. art. 37. y girolam . pollini l' hist. eccl. l. 3. ● . 18. y miterran● hist. lib. 4. p. 103● a disc. sect. 2●c . 6. p. 94. cap ● . b concerning the canons . pag. 17. c proclamation . 10. iacobi . d lord brook . sect. 2. c. 6. p. 87. e serinus apud s●ob . serm. 42. f 1. remonstranc● . e.c. p. 19. g ibid. h e.c. p. 604. i e.c. p. 598. k ib. 60● . l vid. lawne , schisme of the brownists , p 78. m 2 chron. 13.9 , 10. 1 kings 12.31 . n p. 8. & 9● y math. 20.15 . acts 5. 4. p sir henry spelman , de non tem : eccles. m. sempill sacriledge sacredly handled . m vdals coale from the ●lter . d. gardiners scourge of sacriledge . &c. q feb. 1642 , e.c. p. 918. r rom. 2.22 . s assembly at s. andrewes . 1582. t sir fran bac●ns● consid● u h. huntington . lib. 6. ● . higden . lib. 1. ● . ult. * pererius in genesin . 15. 16. x 1. t●m . 3.2 . titus 1.8 . y aug. 3. 1571. z 1569. ca. 6. a cap. 9. b edenb. 1591. c ibib. 1595. * to this purpose see the oath of the princes of israel to the gibeonites , iosh. 11.15 . though not approved by the people , vers. 18. yet was the breach of it severely punished by god himselfe , 2 sam. 21. d e.c. p. 23. e 291.355 . f april 18● 1642. e.c. p. 141● g disc. sect. 1. c. 9. p. 49. h 1 kings 11.5 . 2 chron. 25.14 . & 33. 3 , 22. i deut. 17.2 . a covenant with narrative . p. 32. b e. c. p. 21. c e.c. p. 36. d e.c. p. 80. e ib. p. 67.68 . f magna charta , cap. 1. g 1. remonstrance of the state of the kingdome . h e.c. p. 121. i ib. p. 638. k e.c. p. 858. l ib. p. 846. m ib. p. 700. n ib. p. 464. o major . lesle . hall . harding . sabellicus . a disc. sect. 1. c. 8. p. 42. b 9. hen. 3. c. 14. hen. 3. 21. hen. 3. 3. ed 1. 6. ed. 1. &c. d e.c. p. 709 , 710●715,727 . e ib. p. 706. f ib. p. 93. & 121. g 33. h. 8. c. 21. h 31. h. 8. c. 8. & 34. h. 8. c. 23. i e.c. p. 305 , 449,483 . k 1 ed. 6. c. 1● . l 28. ed. 1. c. 8. m e.c. p. 194. 898,931 . n 27. h 8. c. 24. o e.c. p. 909. p 27. h. 8. c. 24. q e.c. p. 270 , 715,901 . r observations upon m. eliots letter , e.c. p. 486. s e.c. p. 727 , 710. t ib. p. 271. u 727. * 1. eliz. c. 1. x e. c p. 5. & 73●●● y see the preface to the act for a triennial parliament . z e.c. p. 701. a e.c. p. 10 , 15,17 . b ib. p. 876. c ib. p. 203. d ib p. 17. e 4. ed. 3. c. 14. & 36. ed. 3. c. 10. f ● . r. 2●c . 4. g walsing. an dom. 1380. h d●er f. 376. i ian. 1642. k e.c. p. 657. 695. l ib p. 100. m e.c. p. 887. n e.c. p. 654. o 25. ed 3. c. 2. p 1. eliz. c. 3. a vide covenant with a narrative , and the declaration of the scots . b 7 hen 7. c. 6. c petition presented to his majesty . ian. 1642. d supplication of the generall assembly . edenb. aug. 12. 1639. e 2 parliam . of k. charles● act 5. concerning the ratification of the cove●ant . f e.c. p. 257. g in their instruction● concerning the covenant , 1638. a protestation of the lords and common● , oct. 22.1643 . e.c. p. 664. the case of the accommodation lately proposed by the bishop of dumblane to the non-conforming ministers examined wherein also the antient prostasia, or, episcopus præses is considered, and the solemne league and covenant occasionally vindicat : together with a copy of the two letters herein reviewed : vvhereunto also is subjoined an appendix in ansvver to a narrative of the issue of the treaty anent accommodation. mcward, robert, 1633?-1687. 1671 approx. 331 kb of 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(eebo-tcp ; phase 1, no. a51052) transcribed from: (early english books online ; image set 96182) images scanned from microfilm: (early english books, 1641-1700 ; 389:19) the case of the accommodation lately proposed by the bishop of dumblane to the non-conforming ministers examined wherein also the antient prostasia, or, episcopus præses is considered, and the solemne league and covenant occasionally vindicat : together with a copy of the two letters herein reviewed : vvhereunto also is subjoined an appendix in ansvver to a narrative of the issue of the treaty anent accommodation. mcward, robert, 1633?-1687. [4], 134 p. s.n.], [s.l. : 1671. an attack on bishop leighton's attempt at reconciliation between episcopal and presbyterian forms of church government in scotland. attributed to robert macward. cf. nuc pre-1956. reproduction of original in union theological seminary library, new york. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng leighton, robert, 1611-1684. solemn league and covenant (1643) dissenters, religious -scotland. 2000-00 tcp assigned for keying and markup 2001-12 spi global keyed and coded from proquest page images 2002-01 tcp staff (michigan) sampled and proofread 2002-01 tcp staff (michigan) text and markup reviewed and edited 2002-02 pfs batch review (qc) and xml conversion the case of the accommodation lately proposed by the bishop of dumblane , to the non-conforming ministers examined . wherein also the antient prostasia , or episcopus praeses , is considered ; and the solemne league and covenant occasionally vindicat . together with a copy of the two letters herein reviewed . vvhereunto also is subjoined an appendix in ansvver to a narrative of the issue of the treaty anent accommodation . ii. cor. xiii . v. viii . for we can do nothing against the truth , but for the truth . printed in the 〈◊〉 〈…〉 the preface . although there be nothing more assured , both in the acknowledgement and experience of all , then that the most important events of this worlds concernes , do much depend upon , and are frequently turned by , the observation or neglect of certain midses and expedients only , yea greatly , recommended by this their subservient aptitude and influence ; yet , on the other hand , it is no lesse evident , that in the matters of god , and of our souls everlasting wellbeing , even the ordinances of life , by him thereto appointed , are , for the most part , slighted by an abstracting undervalue : but , as it is beyond all controversie that the full perswasion and just estimation of these high and glorious ends , whereunto they are designed , would quickly intend our care about all things and circumstances thereunto ordered in an agreeable proportion , and also extend our commanded circumspection to a fidelity even in the things that are least ; so it is only unseriousness and insincerity in the main , together with the diversion of other temptations , that occasioneth all the indifferencie , contempt and mockery , wherewith we finde the simplicity & meanness of gospel-institutions commonly entertained ; and hence it is , that not only they are despised , and perverted by the vain pretenders to liberty , gallantrie , decencie , civil obedience or the like ; but also they are all contending for them , under the specious affectations of more calme , sublime and serene contemplations , and the saucy reproaches of hote disputations and bitter wranglings is endeavoured to be eluded , and the things vilified into empty formalities , and thereby an inlet made , in the righteous judgement of god , to the delusions of mens inventions . how much of these truths may be remarked in the ensuing discourse , i shall not here anticipat by an unnecessary reflection ; the point i aime at is to exhort every one , desirous to be faithful to god in the midst of this evill generation , wherein the strange variety and opposition of events that vve have seen do suggest such strong temptations , and interest hath not more seduced mens mindes unto an irreligious lukvvarmness , then their spirits are most perniciously debauched by vvanton and vvild cavillation , to studie , in the first place , to have the minde enlightned vvith the true knovvledge of the most high soveraignity , and most pure holiness of god , the most vvonderful love and marvellous condescendence of our lord iesus christ , and the great perfection of the holy law , and excellencie of all gospel o●di●●●●ces ; and next to have the heart established through the grace of god , by suitable faith and fear cleaving unto god with the whole soul and strength , and hating every vain and false way : surely he that is thus qualified shall never be moved ; but as he will be of a good , sound , and quick understanding in all things , so in these so much tossed debates , vvhereby the most part of this backsliden and light generation , at best only seeking therein the gratifications of their own curiosity , are many times sadly stumbled unto greater irreligion , he will easily discerne and lay hold upon the will and way of the lord , being convinced that the meanest of his matters are not of a lower appearance , then of a high and in estimable tendencie . to such therefore it is that i recommend and submit the ensuing disquisition ; ( if the unconcerned world do laugh , if the foolish mock , & the wicked rage , yet , i hope , my work is with my god , & its fruit shall be to all the lovers of our lord iesus christ in sincerity ) being moved by the excessive silence of the one , & the immoderate boasting of the other of the two parties ingaged in this affaire , to interpose for truth thus unequally treated , that by this poor essay it may be , in some measure , vindicat , and a check given to the pride and swelling words of the adversaries , is all my aime . as for these of our opposites who may finde themselves more nearly touched in the few sheets subjoyned , if they think me therein transported to any excesse i do assure them , that it is from the ungrateful violence of their provocation , and not at all the choise of my own inclination : i acknowledge also , that there are other papers emitted by them , then the two that i do particularly review and annexe , specially a long letter supposed to be . g. b's . and written by way of amplification of the former : but seing i do fully discusse his text , & after trial discover that his excellent & noble friend's gold , as he speaks , is but drosse , i hope he will easily pardone my not prosecuting a further fruitless search into what he calls his own ore . and thus i dismiss my reader unto the perusal of vvhat follovves . reader , before thou read be pleased to correct with a pen these errata . pag. 18 , lin. 29. read , probabilities . p. 19. l. 13. r. it s . p. 21. l. 29. r. rule . p. 23. l. 15. r. an . p. 24. l. 13. r. preach . p. 28. l. 27. r. ordination . p. 29. l. 17. r. the p. 52. l. 2. what . r. with . p. 55. l. 17. with . r. which . p. 68. l. 31. r. revolutions . p. 68. l. 35. this , r. his . p. 72. l. 30. r. cussed . p. 73. l. 30. expressed , r. expelled . p. 74. l. 25. was , r. were . p. 79. l. 29. r. wisdome . p. 88. l. 6. preserve . r● preferre . p. 92 l. 18. he . r. the. ibid. l. 28. masters r. majestie . p. 106. l. 23. your , r. their . p. 109. l. 18. r. change . ibid. l. 29. r. enjoyed . p. 114. l. 13. r. piece . p. 115. l. 23. pretended , r. perpended . p. 118. l. 18. r. distinct . the case of the accommodation , lately proposed by the bishop of dumblane to the non-conforming ministers , examined . vvherein also the ancient prostasia , or episcopus praeses is considered , and the solemn league and covenant occasionally vindicat . such have been the high and stiff oppositions , and no less contrary and important consequences of prelacie and presbyterie within this church , that as their accommodation may be very desireable to all our temporizing pursuers of peace ; so certainly it doth no less challenge the sincere and strict search of all the followers of truth . upon which consideration , having been induced to a more particular notice of the rise , procedure and issue of this affair , i am resolved , for the impartial vindication of the lords ordinance of government in his house , and our engadgements thereto ; and in the conscience of that known precept , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to exhibit my observations upon it , with the calmeness and candor suitable to such an inquirie . and therfore , omitting to preface any thing upon the first proposal of this treatie , and the methods of its prosecution that have since been practised , i shall take its termes from their most assured warrant , viz. the articles lately given in at paseley , to the mimisters there conveening , under the title , and of the tenor following , articles proposed by the bishop of glasgow to the dissenting brethren . 1. that if the dissenting brethr●n will come to presbyteries and synods , they shall not only not be oblidged to renounce their own private opinion anent church-government , and swear or subscribe any thing thereto ; but shall have libertie , at their entrie to the said meeting , to declare and enter it in what form they please . 2. that all church affairs shall be managed , in presbyteries or synods , by the free vote of presbyters , or the major part of them . 3. if any difference fall out , in the diocesian synods , betwixt any of the members thereof , it shall be lawfull to appeal to a provincial synod , or their committy . 4. that intrants being lawfully presented by the patron , and duely tryed by the presbyterie ; there shall be a day agreed on by the bishop and presbytrie , for their meeting together for thei● solemn ordination and admission : at which there shall be one appointed to preach ; and that it shall be at the parish church , where he is to be admitted ; except in the case of impossibility , or extream inconvenience : and if any difference fall in , touching that affair , it shall be referable to the provincial synods , or their committy : as any other matter . 5. it is not to be doubted , but my l. commissioner his grace will make good what he offered , anent the establishment of presbyteries and synods : and we trust his grace will procure such security to these brethren for declaring their judgement , that they may do it without any hazard , in contraveening any law : and that the bishop shall humbly and earnestly recommend this to his grace . 6. that no intrant shall be engadged to any canonical oath or subscription to the bishop ; and that his opinion , anent that government , shall not prejudge him in this : but that it shall be free for him to declare . these being the conditions offered , in order to the intended accommodation , it is evident , that for a due understanding of their import , we ought first to know what is the nature of these meetings called presbyteries , synods , and provincial assemblies , to which the brethren are invited : and for that end , we must not only transpose the fifth article to the first place , and supplie it with such other probabilities as may be had ; but also arise a little higher , to remember the changes that we have lately seen ; and from what , and to what they have carried us : for , seing our joyning in the present presbyteries and synods , with , or under bishops , as they are offered to be reduced , is that which is principally demanded of us , it is so little possible , without this previous examination , rightly and fairly to define the case in contratraversie , that i can hardly acquit the preposterousness and deficiencie in the articles , of a greater error then a common mistake . the thing then which comes first to be noted in point of fact , and which i shall represent with that truth and impartiality , that i hope none shall deny it , is , that this church , having in the year 1638. abrogat and abjured the government of the kirk by bishops , and set up presbyterian government in its purest simplicity and paritie , we together with the renewing of the national covenant , solemnly engadged , constantly to adhere unto , and defend the true religion then established , in doctrine , worship and government , contrary to all the novations and corruptions from which it was at that time reformed ; and to labour by all means , for the purity and liberty of the gospel , as it was established and professed before these novations . after which time the church , in our acknowledgement , did enjoy a ministrie and government truely ecclesiastick , committed to them by , and depending upon our lord iesus christ alone , as king in zion , and head of his church . thereafter , by an act rescissorie , it was declared and statute , by both king and parliament , in the year 1640. and 1641. agreeably to the oath formerly taken , that the sole and only power and jurisdiction within this kirk , did stand in the kirk of god as it was then reformed ; and in the general , provincial and ptesbyterial assemblies , with the kirk sessions established by act. p. 1592. & in like manner , by the solemn league and covenant , entred into in the year 1643. the whole kingdome doth again swear to the preservation of the reformed religion of the church of scotland , in doctrine , worship , discipline and government ; and to extirpate popery , prelacie , schism , superstition , profannesse , and whatsoever shall be found contrary to sound doctrine , and the power of godliness : which engagement , we are bound all the dayes of our life zealously aud constantly to continow in , against all opposition ; and to promove the same , according to our power . thus matters stood , both in obligation and general observance , until the year 1661. at which time , the parliament then sitting , having prepared their way by exalting of the prerogative , in opposition to , and for the overthrow of the practices of bygone times , specially that of entering into leagues and bonds ; they at one blow rescinde all parliaments after the year 1633. and the government of the church , being thereby wholly deprived of the civill sanction , and its continowance , by another act , permitted and declared to be only precarious , during the kings pleasure : afterward , all ecclesiastick meetings in synods , presbytries and sessions , are , by proclamation the 9 ianuary 1662. discharged , untill they should be authorized and ordered by the archbishops and bishops then nominat by his maiestie , upon their entering into the government of their respective sees . by which means , the former government being overturned and razed unto the very foundation , at least as much as the wit and power of man could effectuat , the next thing that offers , is the new structure and frame that is raised in its place : and in the year 1662. the parliament again meeting , by their first act for re-establishing of the government of the church by bishops , laying it for the ground , that the disposal of the external government of the church doth properly belong unto his majestie , as an inherent right of the crown , by vertew of his supremacie , they do thereby redintegrat the estate of bishops , not only to their places in parliament , and their accustomed dignities and priviledges ; but also to their episcopal function , presidency in the church , and power of ordination , censures and all church-discipline to be performed by them , with the advice of such of the clergie as they should find to be of known loyalty and prudence . and , for removing of all scruples , the parliament doth furder rescinde all former acts , by which the sole and only power and jurisdiction within this church , doth stand in the church , and its assemblies ; and all other acts whatsomever , giving any church-power , iurisdiction or government to its office-bearers or meetings , other then that which acknowledgeth a dependance upon , and subordination unto the soveraigne power of the king as supreme ; and which is to be regulated and authorized , in the exercise thereof , by the bishops and archbishops , who are to be accountable to his majesty for ther administration : and moreover , by the same act , the act 1592. ( whereby presbyterian government was anciently confirmed , and which , by vertew of the above mentioned act rescissory , did now in so far , by the act 1612. stand rescinded ) in respect that it doth also limite the kings prerogative to be without prejudice or derogation to the priviledge that god hath given to the spiritual office-bearers in the kirk , concerning heads of religion , heresie , excommunication , collation , or deprivation of ministers , or any such like censure , specially grounded in the word of god. this act , i say , 1592. is now for this reason totally annulled , in all the heads , articles and clauses thereof : from which act of restitution , although the nature of our present church-constitution may be very obviously gathered ; yet there are two other also , to the same purpose , of which i cannot but take notice . the one is that concerning a national synod , wherein his majesty , by vertew of his supremacy , doth more absolutely appoint and determine upon the manner and members thereof , then if it were a meer civill court , unquestionably dependent upon his royal authority ; reserving to himselfe , aswell the proposal , as the final approbation of all matters to be therein treated . the other is the late act 1669. asserting the supremacie , whereby the supreme authority over all persons , & in all causes ecclesiastick , is so fully declared to appertaine to the king , and that by vertew thereof , he may dispose upon the government and persons ecclesiastick ; and enact concerning the churches meetings and matters therein to be proposed , as he shall think fit , that a more absolute power in any thing can hardly be devised in his favours . these acts lying so well together , i could not but lay them forth to a joint consideration . and from them , i suppose , it will be very evident , that the work of the last revolution , was not only an invasion made upon the churches government , by the setting up of bishops , and their usurpation over presbyteries and synods , as hapened in their former introduction , preceeding the year 1612 : but that the alteration made , is plainly fundamental : and that , by his majesties assuming all church-power to himself , as the proper right and prerogative of the crown , without so much as pretending , with the pope , a commission from iesus christ for this effect ; and conveying the same by these communications alone , which he is pleased to dispense ; and to such persons and meetings as he thinketh good to appoint , and maketh to himself accountable ; there is not so much as that genus of ecclesiastick government recognosced by presbytery , as only fountained in , and derived from our lord as head of the church ; let be its specification from our classical form , at present to be found in being in this church . but it may be said , that i seem to make a difference betwixt the former and the latter erection of episcopal government in this church ; and yet when bishops were brought in , in the year 1606. the kings prerogative was , by the then parliament , first enacted , and by the next act , their restitution is thereon also founded ; and in like manner , by the act 1612. presbyteries and synods are turned to exercises of the brethren , and diocesian visitations ; and the power of ordination , deposition , and excommunication is given to the bishop : and to compleat all , by the same act , the act 1592. was also rescinded : so that it appeares , that betwixt the former practices , and the late establishment , there is no great disparitie . 't is answered , the apparent resemblance of the things objected , is nevertheless accompanied by such reall and materiall differences , that it doth only the more notablie evince the strangeness of the methods , and nature of the present establishment , beyond all that the same designes in former times could suggest . king iames was indeed bent for prelacie , as all do acknowledge ; but by seeking thereby to qualifie and oversway the government of the church , in effect to subvert all government , given by our lord unto his church , is an absurditie which his better understanding did prudently forbear ; and nothing , save either the mysterie of this growing iniquity , or the precipitancie of our times could have produced . now that this is the true state of the difference betwixt our , and the former times , the particulars following will easiely evince . and first , it is true , the parliament 1606. doth , by their first act , declare the kings prerogative , but only upon the narrative of the accession of the crowns of england and ireland , and in general , over all estates , persons , and causes , without the least derogation to the explication made in favours of the church by the parl. 1592. whereas , in our dayes , this supremacy hath been asserted , declared and exercised , in order to ecclesiastick persons , meetings and matters , not only far beyond any thing pretended to in civils ; but above all that ever was arrogate , either by pope , or temporal potentate . next , by the second act of the fore-mentioned parliament 1606. the estate of bishops is indeed restored ; and that upon the ground of the kings prerogative : but to what ? to ecclesiastick power , presidencie , jurisdiction , &c. fye ! not at all ; but only to their former honours , dignities , prerogatives , priviledges , livings , lands , teinds , rents , &c. and chiefly and especially against the act of annexation . 1587. these , though unjustly bestowed , were yet proper subjects for a king and parliament : as for other things , purely ecclesiastick , they rightly judged them to be without their line : whereas , by the late act. 1662. the king , with consent of the estates , restores the bishops , both to the same things , and also to the exercise of their episcopal function , presidency , power of ordination , and others above rehearsed : declaring himselfe to be the proper and supreme head , whence all church-pover doth flow , and to whom the bishops ought to be accountable : an attempt so impertinent to secular powers , and subversive of the very subject matter of ecclesiastick government ; that the former times , not from any greater tenderness in these things , but meerly from a clearer knowledge of their inconsistencie , did not once dream of : and therefore , in the third place , king iames , who knew well eneugh , that neither did his prerogative extend to the proper power and jurisdiction of the church , nor could this be thereupon founded ; and that for him to assume the disposal and dispensing thereof , was in effect to destroy it ; although by vertew of his supremacy , he restored the bishops to their honours , temporalities and possessions ; yet , as to the power ecclesiastick by them acclaimed , he applyed himself to compass the same only by the suffrage & determination of church-assemblies : and accordingly we see the act , parliament , 1612. giving unto bishops their church-power and jurisdiction , not to be founded in , nor flow from the supremacy ; but to proceed simply , by way of ratification of an act of a general assembly , made two years preceeding ; and by the same act. 1612. the act 1592. establishing aswel the protestant religion , as presbiterian government , and also limiting the prerogative , as i have said , is only rescinded , in so far as the same is derogatorie to the articles then concluded : whereas , the king , with consent of parliament , by the act 1662. laying down the supremacy for the basis , and ascrybing to himself the origen of ecclesiastick power , restores the bishops , in the same manner , as if they were his own commissioners and delegates . and to the effect the supremacy may transcend all , the act 1592. is totally rescinded , without so much as a reserve for the protestant religion ; as is above declared . fourthly , in former times , whatever were the errors and wrongs , either of church , or state , or both , in the bringing in of bishops ; yet this is very certain and important , that the church-assemblies , at first , conveened by warrand of the churches intrinsick power , and after , confirmed by the parliament 1592. were not upon the change discontinued ; but honest men did therein maintain both their right and possession , except in so far as the same were invaded , and they hindered by the bishops their prevalencie : whereas of late , not only were the former presbytries and synods raised & dissolved , but the new meetings , now conveened in their place , were appointed to sit down , as they sould be authorized & ordered by the bishops and archbishops ; who thereafter , are , by act of parliament , restored and impowered by the king , as supreme , over persons and causes ecclesiastick , and declared arbiter by right of his crown in these matters : so that it is evident , that they both are called in his name , and do sit and act , by vertew of a power , acknowledging a subordination unto , and dependence upon his soveraignity ; by reason whereof , they are also to him made accountable . i grant , that for better concealing the mysterie of this supremacie & prelacie , the present meetings were set up , for the most part , in the same bounds , & much under the same forme and name with the old presbyteries and synods : but seeing their precarious dependence on bishops , with the bishops their proper & absolute subordination to the king , as supreme over the church , is undeniable from the above cited act. 1662. that therefore the present church-government , as it is freqently called in the late acts of parliament , so de facto , is his majesties government , and not that of our lord iesus , who hath not invested him therewith , either by deputation or surrender , is evident above exception . neither are these things so , only in the law and appointment , as is by some alledged ; no , the frequent examples of bishops , their deposing and suspending in synods , after having asked , meerly pro forma , the advice of a few next to them , without the vote of the whole ; their renversing the deeds of presbyteries , & controlling whole synods by themselves alone , with his majesties granting of the high commission , impowering seculars to appoint ministers to be censured by deposition and suspension , as well as ecclesiasticks to punish by fining , consining & imprisoning ; his removing and placing bishops at his pleasure ; and his late granting a commission of oversight or episcopacie , for the diocesse of glasgow , to him who mostly scrupled at a patent of the bishoprick , because of its temporalitie : these examples , i say , do clearly bring up our practice the full length of all enacted . having thus explained the condition of our present ecclesiastick constitution , in its authority , principles and practices , wholly different from any model that ever was seen in this church , i think , were it not for the clearness of method , i might leave the description of the present prebyteries and synods , to the readers own ingenuous collection : but tò render my discourse the more easie , i say , that the presbiteries and synods , which are now so termed amongst us , are meetings for church-matters , conveened by his majesties call , acting by his authority , in a precarious dependence upon the bishops , and absolute subordination to the supremacie : and this definition , is so manefestly the result of what is premised and composed as it were of the act of restitution , and supremacy , and proclamation so often mentioned , that none can deny it . neither is it the present question , whether we may simply joyne in these meetings or not ? for seeing , that not only this conjunction would be an acknowledgement of the supremacie , nothing different from , yea rather worse then the sitting in the high commission , and an active submission to , and owning of prelacie in its highest usurpation ; but even the articles of accommodation , by offering a mitigation , do evidently suppose it to be inconsistent with presbyterian principles : it is clear , that a simple unqualified union , with and in these meetings , is not the case of the present debate . the point therefore that comes next to be examined , is , whether or not the articles do indeed contain such condescensions and conditions , as may fully releive us of our just exceptions ? which leads me to take notice of the fifth article ( as i said before ) in the first place , as that which appears to be most direct to this purpose : and the contents of it are ; 't is not to be doubted , that my l , commissioner his grace will make good what he offered , ane●● the establishment of presbyteries and synods ; and we trust , his grace will procure such security to these brethren for declaring their judgement , that they may do it without any hazard in contraveening any law● and that the bishops shall humbly and earnestly commend this to his grace . these are the termes of the article , and for all that i have yet heard , i am not so doubtful of the comissioner's performance , as i am still uncertain of what was offered : the brethren , who conferred in the abbey , told us , that presbyteries were offered to be set up , as before the year 1638. and that the bishop should passe from his negative voice , and so forth : but what may be the import of the first part of this offer , or how far it may conduce to the clearing of our consciences , i confess i am still in the dark . that which the dissenting brethren do , and every true minister of iesus christ ought to seek after , is a court , meeting in the name , and acting by the authority and rules of our lord and master : any other court called by the king , and acting by an authority derived from the supremacie , if in matters properly ecclesiastick , is but a complexed usurpation against christ , whose the government is , both in the constituent and actors : if in civils , then it is wholly without the ministers sphaere , and not to be medled in by them . now that before the 1638. the presbyteries and synods then sitting , were , for the most part , our lords courts , in so far as they were by succession the same with these , which at first , by warrand of power by him given to his church , did set up in his name , and were not depraved from his institution by the bishops their usurpation , and the subsequent corruptions , is not doubted . but these being lately discharged and discontinued , & i am sure , not intended to be again set down , either according to the first warrant and rule , or as they were purged after the 1638. but plainly by vertew of the supremacie , and in resemblance to that conjunction of prelacie and presbyterie , that was by law established before the 1638. and consequently , both upon a wrong founda , tion , and in their most corrupt condition , i can not so much as● apprehend , what ease to scrupling consciences can be herein designed . i have indeed heard it sometimes alledged , for the reason of our present withdrawing , and in that di●●ering from the practice of our predecessours under the last bishops , that the then presbyteries and synods did meet by warrant of law , which now they want : but this reason , is in its termes so extrinsick to that which a true minister of iesus christ ought mainly to regard , and in truth so groundless , the act 1592. confirming the proper right of these meetings , being by the act 1612. ( though not totally , yet in so far as it was derogatorie to the articles therein set down , ) rescinded and made void , that i cannot but judge both scruple & solution offered , impertinent . if therefore there be true dealing intended , and any real respect to conscience in this matter , it is evident , that it is neither by the re-authorizing of abrogat and abjured corruptions , nor yet by any new devised frame , by vertew of , and depending upon the supremacie , that we can be cleared : but the only proposal to any good purpose that can be made in this behalfe , should be of synods and presbyteries , founded upon our lords warrand , and his churches priviledge ; and consequently to restore them , either as they were first allowed by the act 1592. or which is all one , in the condition wherein they were dissolved in the year 1661. with an abolition of all inconsistent acts and practices . but it may be said , if we be reponed to the same estate wherein our predecessours were , how can we prove disconforme in our practice ? 't is answered , the dissolution and discontinuance of true presbyteries with this new erection , first appointed to be authorized by the archbishops and bishops , and then setled upon the foot of the supremacie , do so evidently difference the cases , according to what is already more fully declared , that this objection is of no moment . and if it be urged , that as a restitution repones against a discontinuance ; so , if presbyteries and synods be really set up , it is but a peevish nicety to stick upon the formalitie how the same is done : the returne is easie , viz. that it is not questioned , but a full and fair restitution doth indeed repone ; and therefore , if it would please his majestie to restore the church , to its meetings and priviledges which it enjoyed in the year 1661● the pretense of the supremacie● for accomplishing the thing● if not really made the foundation of the churches power , contrary to the very nature and being of the right restored , would prove no long demurre . but as for the restitution offered , seeing it is not adjusted to our distresse , but expresly referreth to a juncture , which was in it self very corrupt , and needed reformation ; and whereunto , if bottomed upon the supremacy , and not continuing on the old foundation , the faithful men of these dayes , had doubtless never joyned ; it is but ane emptie conceit , no wayes reaching the question in hand . from which ground , it is also evident , that as we have good reason to declare , that we might have continued in these judicatories , had they not been once raised and setled again upon a new basis ; and that though a bishop had come and obtruded himself upon us , we might have sit still , after a free protest given against his usurpation ; so , g. b● endeavour , in a letter , supposed to be from him , perswading to this accommodation , to represent this as a methaphysical nicety , of no more value , then the emptie difference of sitting still , though a bishop come in , and of sitting down again when a bishop is alreadie there ; and yet acknowledging , in the same passage , the case to be different , if the court & constitution of the iudicatorie be not the same , doth manifestly bewray the doctors grosse inadvertencie ; & that the more to be regrated , that he is not affrayed to obtest us , as before god , to answere for our sticking at such a punctilio , when yet he himself , in a short but untrue supposition of the samness of the former and present episcopal courts , insinuateth a very obvious reason , rendering the difference very material and important . to be plain therefore , seeing the supremacy , as at present established , hath clearly everted and swallowed up all true ecclesiastick-government ; and the presbyteries and synods now bearing that name , are only its unwarrantable conventicles ; unless that these prevailing floods of this prerogative be abated , and the true establishments of the government of the lords house discovered ; i do not see where the disire of any to be innocent can rest , or how the lords faithful servants can be satisfied , and comply with this part of the overture . i might here adde , that seeing there may be in some cases just reason for withdrawing , aswel because of the quality of the members , as the nature of the constitution , the rectification of the latter can as little in our case as in any be respected as a full ground of satisfaction : but the defectivenesse of thir articles will more properly afterward come to be considered . and therefore i shall novv go to the first , to see vvhat is thereby further offered : and here vve find it proposed , that , if the dissenting brethren will come to presbyteries and synods , they shall not only not be obliged to renounce their own private opinion , anent church-government , and swear and subscrive any thing thereto ; but shall have libertie , at there entrie to the said meeting , to declare & enter it in what form they please . if i were enclined to use sharpness , i might on just ground say , that this article , certainly to be understood of entering to sit & act , & not only to protest & testifie , doth contain no better salvo for our exceptions , then what , if admitted , will equally allow the same accesse to the pope's conclave , or any other the most unwarrantable and corrupt meeting upon earth ; is as evident , as that a iesuitick reservation of opinion , and declaration without any effect , or a protestation contrarie to fact , is thereby judged a sufficient exoneration . but to come to the purpose closely , i affirme that the synods and presbiteries , here invited to , are not truely such , but meerly nominal and pretended : being in effect courts authorized by bishops , and subordinat to his majestie in matters purely ecclesiastick , over and about which he himself hath no such power . and for the former part of the assertion , the acts & other things by me premised do abundantly clear it . as for the latter , that the king hath no such power in and over the church ; it being uncontroverted in the presbyterian perswasion , and the supremacy , made the ground of the abovementioned act of restitution , being to them a greater cause of offence , then any of these difficulties in this matter of conjunction with presbyteries & synods intended by the accommodation ; it was the part of the accommodators , either by conviction or condescendence , to have removed it . however i may not digresse ; only i am assured , if these three things be considered , which i am readie to demonstrat against whatsoever opponent ; ( 1. ) that this ecclesiastick power is the sole prerogative of iesus christ , whereof the administration was committed by our lord to his church , when no magistrat was a member thereof ; and that upon the magistrats becoming christian , there is no ground adduceable whereupon it could accrease to him : ( 2. ) that all the power of the magistrat is , under god , from the people , and in such things over and about which the original power was to them competent , to which this church-power can in no sort be reckoned . ( 3. ) that all the extraordinarie interpositions of good kings and emperours , in matters of religion , did no wayes flow from any inherent right or prerogative they had conversant in these matters ; but were the pure product of necessitie , sustained by the righteousness of the work , & deficiency of the more proper means . these things , i say , being duely considered , i am very confident , that all the pretensions of the supremacy , will very quickly evanish : and therefore it inevitably followes , that , seeing the kings supremacy is a high usurpation against our lord & master , all courts depending thereon , and acknowledging the same , & partaking therein , what ever opinion a man do reserve , or whatever declaration be made anent it , must also be rejected . but here there ariseth a great noise and clamor , what ! are the present presbyteries and synods no presbyteries and synods ? then are the present ministers no presbyters ? but their is no such haste ; neither have these things any further connexion , then that the present ministers are not presbyters , in so far as the same denotes a power of ruling committed by iesus christ , which truly i think in ingenuitie they can not deny ; specially seing , that although they hold themselves to be ministers by mission from christ ; yet they do nevertheless acknowledge their power of ecclesiastick government and iurisdiction to be from the king , on whom they grant that the ministerie , as to other things , doth not in such a manner depend : whereupon it evidently followeth ; that if the power of government , do as well and in the same manner flow from iesus christ , as the power of order ( as the schools speak ) doth ; and that thereby true presbyteries and synods do only subsist ; then , these meetings , which recognosce his majesty as supreme for and in the exercise of the power which they acclaime , can no more be truly such , then he who , by vertew of his soveraign's mission , would pretend himself to be a minister . but what need of more words ; if the present conform ministers , and there meetings , have disclained iesus christ for their immediat head , in matrer of government , and owne no power thereof , but what acknowledgeth a dependence upon , and subordination to his majesty as supreme ; wherewith nevertheless he himself is not at all vested ; and if on the other hand , we do disallow all church-government , and medlings and meetings thereof , which do not hold their commission and warrant from christ alone , as the head of the body ; what concurrence can we make , in on and the same assembly ? or by what salvo may my sitting and acting be justified in a meeting , in the power whereof i hold it unlawful to partake ? for my part , since , in the matter of ecclesiastick government , they do not hold the true head , but have betaken themselves to another , to whom they do referr , & are accountable for all their power ; if we , who in conscience do both detest this usurpation , and disclaime all share in any power , save what our lord hath committed unto us , desire to be excused from these assemblies ; i think , until they first convince us of our mistake in these things , they cannot rationally blame us for separation . and therefore , what ever may be the effect of an entrie , qualified either by declaration or protestation , in order to the freeing of the partie from an apparent constructive accession , to certain accidental corruptions that may be in a meeting , to which he is otherwise obliged to joine ; yet sure i am , in this case , where the very constitution it self is so unwarrantable and corrupt , that non can actively partake therein , without sin ; this remedie here offered is altogether insignificant . the next thing that here occurres , is , that although this reservation of opinion and declaration permitted , could be a salvo , as to the evills of the constitution ; yet , without doubt , there is a consideration to be had , in such conjunctions , of the persons also with whom it is to be made . there may be an assembly , nay a presbyterie or synod of evill doers , which we are bound to hate ; and even the assembly of the wicked who inclosed him , and pearced his hands and his feet , wanted not a specious name , yea it was the house of his friends : sure no man will think that a simple protestation may warrant constant presence in these cases ; but rather encline , with ieremiah , to leave and to draw from an assembly of treacherous men . what for assemblies the present church-meetings are , i can be no more tender , then it is superflous to utter : only this i will say , that if it be once granted , that such may be the condition of a meeting , by reason of the quality of its members , that no declaration can warrant any fellowship therein ; i am certain that the subsumption , viz. that such are the courts to which we are invited , may be , to the satisfaction of all unbyassed men , upon these sufficient grounds of notorious perjury , intrusion , profanitie and insufficiencie , unquestionably made out . but i proceed to the next article , bearing , that all church-affaires shall be managed , in presbyteries and synods , by the free vote of presbyters , or the major part of them . this is indeed the main & principal condescendence : and it is to this place , that , aswel for the satisfaction of such brethren as possibly will not so easily , at first , admit of the foregoing reasons , as for a full answere to all that can be said for this accommodation , i have reserved to discourse upon it at more length , and on all fair and probable suppositions . in supplement therefore of this article , and to take it in the most advantageous sense that the proposers can desire , i adde , that consistently therewith , it seems the bishop is to be reduced to a constant moderator : whence in prosecution of my declared purpose , waving any further exceptions against the nullity of the present presbyteries and synods , i clearly state the question thus . whether a constant moderator , or fixed proeslos , for terme of life , in church-meetings , be a thing in it self lawful ? and how far it is by us admissible ? and what complyance we may have ●or it ? and because there are some papers gone abroad from the bishop of glasgow , as is supposed , upon this subject , and that the current of the speeches at pasely wereof the same strain ; i conceive , for rendering of the debate more certain , it will not be amisse , that i bring them to a particular and exact review . and in the beginning of these papers , we find it asserted , that episcopal government , managed in conjunction with presbyters in presbyteries and synods , is not contrary either to the rule of scripture , or the example of the primitive church ; but agreeable to both . that this position doth hold forth no more then the lawfulness of an episcopus praeses , & that upon negative grounds , giving the asserter the easier part of defence , is obvious to the first observation . to have affirmed an obligation to this model , though the author's choise had not been convenient : the thing which hath been , it is that which shall be , and an agreeablenesse to scripture and antiquitie , is for the time a very colourable pretension , and all that the author dare adventure to affirme : but that as much may be said for a presbyterian paritie , exclusive of this presidencie ; i think our adversaries themselves will not deny : and it is very evident , that it is the thing they have no inclination to redargue . which advantage , lying equally and fairly on our side , and being confirmed by possession strengthned by an oath , and to the present conviction of all ( mostly arising from the contrary effects of episcopacie ) sealed with the seal of good gospel fruits , one of the great evidences produced by paul for his apostelship ; how much it doth impugne the late change , and justifie the aversion and non-compliance of all good men therewith ; all rational men may discerne . but , seeing our cause is not as theirs , leaning only to negative probalities , and the power wherewith it is supported , to deal clearly in this matter , though we do not pretend to a positive , expresse , and particular scripture-precept , as well against the presidencie , as for the parity pleaded ; yet , that we have an equivalent divine warrant , more pregnant then what in other particulars is acknowledged for such , even by our opposites : the following heads do plainly evince . and first , that iesus christ king in zion , sitting and ruling upon his throne , to whom all power is given , and who is the head of the body , when he ascended on high , sent forth his apostles to gather , feed , and rule his church , promising to be with them to the end of the world ; and thereby hath appointed a government in his house , suitable to these holy ends for which it is designed , is not more evidently founded upon the scripture-grounds insinuat , then firme in its connexion and inference . 2. as the apostles and their successors were the only perpetual pastors ordained by our lord ; ( for as for the mission of the seventy , what ever allusions after ages , according to their then model , did draw from it , without all peradventure , accòrding to is own tenour , it did expire before our lords suffering ) so they were by him constitute in an exact paritie , as brethren : and because of this equality , and the nature of their ministrie , our lord forbids among them all distinction of authoritative superioritie , the very name of rabbi and master then abused , and all ambition & affectation of these or any other elating dignities and titles ; but they are only commanded to outstripe and exceed on another , in that diligence and humilitie recommended to them in that common service , whereunto they were destined . 3. according to this command given , so they conversed and behaved in the church of god , without the least vestige of imparity , either in power or presidencie : nay on the contrary , with a manifest equality , except it be in some notes of apparent preheminence in these , by men esteemed inferior , expresly , as it seems recorded , to counter-ballance the vanity of ambition of after ages , who in favour of others , might imagine a superiority . and such are the principal resort made to iames , his moderating rather then peters in the meeting at ierusalem , pauls resistance to peter , and the right hand of fellowship given to him by iames , cephas and iohn , and the like . 4. the pastors appointed by the appostles being their successors , both in their ordinarie power and blessing , whatever might be the inequalitie betwixt them and the appostles , either from the immediacy and extent of the apostles their mission , their infallible assistance and greater eminency of gifts , or by reason that the apostles were the lords chosen witnesses , and authors of conversion to most of them whom they ordained ; yet , as to the perpetual and ordinary power given to , and transmitted by them in the church , it is evident from scripture , that , in that , they neither claimed nor exercised either superiority or presidencie over other ministers . hence it is , that as they call and account them their brethren , partners , fellow-labourers , and themselves fellow-elders with them ; so we finde , that what in on place paul ascribes to the laying on of his own hands , in another he attributes to the laying on of the hands of the presbyterie : and the same paul , who was not a whit behind the very chiefest appostles , receiving a solemn mission from a presbyterie , not consisting of fellow-apostles , but of other prophets and teachers . gifts there fore were indeed diverse and unequal , and imploiments also were various in the dayes of the apostles , according to the then exigence of a growing spreading church : but that either among the apostles themselves , or them and the pastors by them ordained , or among the pastors themselves there was the least imparity , in respect of that ordinarie and standing power continued in the church , as the passages mentioned do plainly confirme the negative ; so there can no instance be adduced from scripture in the contrary . we know timothie , titus , & the angels of the churches , are much talked of , as the first superior bishops : and to this it is as easily reponed . 1. that there is nothing enjoyned or recommended in pauls epistles to timothie , which is not proper for every pastor , unlesse what is evidently referable to his office of an evangelist there expressed . 2. the command given to titus to ordain elders , was by way of expresse commission , and not in the least exclusive of the concurrence of other elders where they might be found in the place . 3 that it is in these very epistles , more then any where els in scripture , that both the names of bishops and elders are promiscuously used , and the thing and office thereby signified held forth to be the same . and lastly , that the known use & elegancie of the singular number for the plural , with the figurative speech and tenor of the seven epistles in the revelation , do no more allow the angels , representing the pastors , then the stars signifying the same thing , nay or the candlesticks the churches , to be taken for single persons . but for further clearing of all these and like objections , i referr the reader to the many authors , by whom these things are more fully handled . these grounds then being all undoubtedl● scriptural , with what confidence can it be demanded , where doth the scripture hold out a paritie among ministers ? or how can it be affirmed , that the episcopus praeses contended for , specially with his necessary presence in ordination , as we will afterwards hear , is not contrary , but agreeable to the word of god ? by all which it appears , that as our presbyterian paritie is plainly warranted , both by general gospel-rules , and very expresse instances contained in scripture ; so the apparent lawfulness of any other form of mans devising , can be no justification thereof . but it is objected , if this ground be rejected , how will we maintain , or where will we finde an expresse command or rule for our own model of kirk-sessions , presbyteries , syonds provincial and national , with a commission of the kirk , in their several dependencies and subordinations , and the changing of the moderator in these meetings , excepting that only of the kirk-sessions , wherein the minister doth constantly moderat ; for without this expresse kule , a bishop or fixed president may very well consist with that frame , which we conten● for : and it is really and actually so at this present in this church ? in answering this objection , i must begin with its latter part , which is so directly contradicted by the present constitution , both in its legal establishment , and known exercise , as i have already proven , that i marvel how it could escape any person of ordinary understanding . as for the main thing objected , having from the scripture asserted the warrant of our parity , its difficulty is easily satisfied : for seeing that by divine institution the church is erected into one society , and officers in an equal parity for its oversight and government thereto appointed ; and seeing that in every concession , the things natural and proper to what is conceded must be understood to be therein imported ; the libertie and power of common counsel , together with the subordination of the parts to the whole , do thence necessarily result . the premisses of which argument , being so consistently composed of scripture and reason thereon dependent , i need not here enlarge in any explication . sure i am , he who duely perpendeth these uncontrovertible scripture-truths ; that the church is gathered into one body ; that the apostles together , the pastors and elders together are incharged with its oversight and rule ; that the spirit of the prophets is subject unto the prophets ; and that where two or three are gathered together in the lords name , there he is in the midst of them ; it is impossible he should remain doubtful of the divine warrant and authority of our meetings . conforme to which truths and principles , we not only finde , in the acts of the apostles , the church governed by common counsel , but the same meetings and councels inspired and directed by that humilitie , love and harmonie , that no more then a chair man for the time , & no sixed moderator can therein be discerned . if these grounds were not both solidly and evidently conclusive of all necessarie for me to prove , i might easily , without either worming or straining ( as our moderatists phrase it ) adduce and make out from scripture precedents more exactly correspondent to our formes : but seeing the right and priviledge of common counsel for government , in order both to the whole and certain of the parts● is by scripture-practi●e obviously held forth ; its extension to all the parts , and their ●ubordination to the whole , doth so naturally and necessarily ●ollow , tha● i judge it superfluous to engadge my self further into our adversaries scrupulous quiblings . now , as for the commission of the kirk , whereof scripture warrant is also required , seeing we do not hold it to be an ordinarie church-judicatorie ; but do only regard it as a delegation from the preceeding national-assembly elicit by extraordinary exigences , and precisely accountable to the next ensuing , it s right is so certainly parallel to that of every committee , appointed by any meeting for dispatch , that unlesse it were alledged , that this power of commissionating is by scripture inhibite ; it must of necessity be understood to be founded in the same warrant with the assemblies , from which it doth flow & receive its con●irmation . i contend not , but our observance in practice might have had its own failings in this point : but seeing the excesse in this matter , if any was , did probably flow from the mistake of a suppo●sed expediencie ; the evidence of its warrant and right use , by such and error in fact , cannot at all be impugned . but the ministers their being constantly moderators in kirk-sessions , among the elders joyned with them for discipline , is that wich our adversaries do urge , as a great advantage for proving the lawfulness of the fixed moderator in presbyteries and synods , and our inconsequence in denying the same . in the fond conceit of which argument , it hath been , and is so frequently by them inculcat , that here is a presbyter , having a fixed presidencie among presbyters , that i am sure it may ●ustly nauseat or move to laughter any indifferent observer . to begin therefore with this childish emphasis , taken from the terme presbyter , and the calling of the minister and parochial-elders , both of them presbyters ; such indeed they are : but seeing the scripture doth warrant the office of our ruling elder , & also attributeth several other names to ministers , agreeable to the main labour , and to these parochial elders , only that of presbyters or elders ; and yet on the other hand , the classical assemblies , principally consisting of ministers , are commonly called presbyteries : if use , for distinction , hath appropriat to these parochial-elders the name of elders , rather then that of presbyters , what folly is it to think , that a contrary usurpation of names can be of any import ; or wherefore do not our adversaries , if they have such a complaisance for these conceits , tell us further what a qstrange thing it is to see a presbyterie ( for so a kirck-session may well be termed ) consisting only of one minister and all the rest laiks , as they speak , and withal reflect upon these more pungent retorsions nearer home , viz. that in their way , a bishop pretends to a-superiority or presidencie over many bishops , and a single presbyter must have the preheminence over his fellow-presbyters . but leaving these fopperies , and taking words according to the determination of custome in such cases , in answer to what is material in the objection , i say ( 1. ) that where there are two ministers in a parish , they moderat in the session by turnes . ( 2 ) where the session doth consist of one minister , both a preaing and a ruling elder , and the other elders of the congregation , who are but his helpers in discipline , his different quality , with the double honour allowed to him by the apostle , doth abundantly determine the moderatorship in his favours . ( 3. ) if a minister , who is the pastor and teacher of the whole flock , do preside amongst the elders of a secondarie order , joined to him for his assistance ; will it therefore follow , that one minister should fixedly preside over many , in the same order with himself , and equally concerned in all the affaires of the meeting ? what logick can knit together such inferences ? having thus demonstrat from scripture-pr●cepts and practices , and firme rational conclusions thence deducted , the command of our parity , with the warrantableness of our courts and all their gradations , i am very confident , that we do thereby fully satisfie all the obligation to bring a clear command for these judicatories and their subordinations , which our affirming them to be of unquestionable divine right , & institutions undoubtedly flowing ●rom the kingdom of iesus christ in his church , and the only lawful government thereof , do lay upon us . as for what the author alledgeth against us , that we do affirme them to be the very kingdom of christ upon earth , and the abso●utely necessary , aswel as only lawful government of the christian church : what ever tumor may appear in such expressions , over and above the account i have given of the matter , it is his own devising , on purpose contrived , that he may represent us as high talkers , above the asserters of other forms ; and yet we not only know that the commenders of episcopacie , as the only true ancient apostolick government of the church , do speak at as high a rate , to say no more ; but that their acting in its behalfe doth indeed surpass all other measures , i am certain will easily be by all acknowledged , who consider how presbyterie is the only butt against which their malice & persecution is levelled , and that into this malice , all the zeal they ought to have against poperie , profanity , atheisme and irreligion seems to be converted ; which stirring activity may also in this same author , who , being in his ministrie rather a recluse monastick , is for its sake become a very busie prelate , most obviously be instanced . now , as by the grounds which i have adduced for our presbyterian paritie , the contrary repugnancy to scripture rules of a fixed presidencie is sufficiently held out ; so i would gladly know , from what shadow of probabilitie the scripture agreeablenesse thereof is by our author asserted . for my part , unlesse it be in the instance of a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diotriphes , i know not where the least vestige of it is to be found . and therefore i say in the next place , in opposition to the second point affirmed , viz● the non-contrariety and agreeablenesse of this episcopus praeses to the example of the primitive church , that though , in the second and third centuries of the church , this prostasia could be more evidently discovered ; yet , seeing the better pattern of the more pure and ancient times do hold out no such thing , but an equal paritie among the elders or overseers ( bishops ) of the church of god , levelled by humilitie , and ordered by love and concord ; and that this presidencie did , in its tendencie and progresse , become the rise not only of aspiring prelacie , but of the monstrous papacy , it is evident that it is a meer humane invention , equally unwarrantable and dangerous . and here i might show how little light we have , even in the acknowledgment of some of our adversaries , from history , or any other pure and credible record of the churches constitution in the centuries mentioned ; and that the more near to the dayes of the apostles , and more uncorrupted any such testimony is found , as that of clemens and ireneus , ( for as for ignatius epistles , even these of them that are of the best repute , i am sure no impartial reader , who considers either the worth of the person , or the simplicitie of the times , or the stile suitable to both , will judge them to be from such an author ) the more they homologat with scripture in the synonomie of bishop and presbyter , and the samenesse of the office thereby signified : and i might also make it appear , how that ●or all the alteration and advance made towards prelacie in the succeeding centuries ; yet the fathers in these times , chiefly ierom , did affirme the same truth of the apostolick times , and the age immediatly succeeding : but as i am too well perswaded , that pride was the first and most subtile and active corruption that did invade the church ; so i can very easily grant that a protocathedria was thereby very early either occasioned , or usurped : and therefore omitting to insist , how that partly by designe of the ambitious , partly by mistake against the factious it seemeth to have been introduced , i shall rather endeavour , by a few observes , so to discover the evill of its rise , and its worse tendencies , that in this above all , all men may perceive the perinciousness of humane inventions , how specious soever , when superadded to gospel truth and simplicitie . and first i say , that the alledgeance made for this prostasia , as conducing much to order and the cure of divisio●s , in so far as it respects its fixednesse is a vaine & emptie pretense : for , seeing this fixednesse as such importeth no more then the suspending of the more certain change of an annual or other termly election , unto that more uncer●ain one of term of life , and that sometimes this lat●er may notwiths●anding happen to be more frequent then the fo●mer , it is obvious to any mans calme and serious reflection , that it is meerly to the presidencie , and not at all to this controverted qualitie in itself considered , that the advantages commended can be ascribed : and therefore as it is certain , that , the concerne of order being once duely provided for by a sutable moderation , the more obnoxious the person moderating is to the suffrage of the society , the lesse hazard of an ensuing abuse or usurpation ; so it is very evident , that this superfluous fixedness , importing a certain degree of exemption , could only in the end prove a foment of pride and gratification of ambition , as the event it self to plainly verifies : of which if any man do yet doubt , let him consider romes papacy , that under this pretense , fortified by ierom's testimony , cuncti ( nempe apostoli ) claves regni caelorum accipiunt , tamen inter duodecem unus eligitur , ut capite consti●uto schismatis tollatur occasio , did not only arrogat to it self the primacie , but to this day doth thereby vail its tyrrannie . i grant that power is a soveraign antidot against contentions and divisions : but if we measure it out by our own wisdom , with a regard only to this exigence , neither respecting the lords warrant , nor the sufficiencie of gifts and countenance of his blessing , it is very manifest that this rule may quickly lead us to surmount the papacie and its implicite faith ; and never suffer us to cease , until , by an absolute subjection , both truth & conscience be swallowed up of ignorance and stupidity . let us therefore above all things in the matters of god study his own way : if we neglect this sure and excellent ordinance of a self-denyed and lowly gospel ministrie , with these prescriptions of truth , humilitie and love● given to us as the remedies against all disorder , schisme and heresie , and indulge to our own devices , where wil we subsist ? i need not represent the subtilty and presumption of mens delusions , specially for promoting that mysterie of iniquitie that worketh in ecclesiastick aspirings : if our blind probabilities were sufficient to authorize the means of peace and order ; there is no question , carnal reason would again insinuat , according to the pretensions that raised the papacie , and the frequent suggestions of our times in behalfe of the magistrat , that the proper and assured way to a firme establishment were to resolve either mans beleife , or his obedience into the uncontrollable determinations either of the pope , or of the prince● but as the disposi●ions of the soveraign and only wise god are not to be fathomed , let be regulat by our narrow and weak capacities ; so ought we alwayes to revere these peremtorie and seuere restraints , where with he hath bounded the darrings of vain reason , not so much as to think in these things above what is written ; specially in the case in hand , when not only manifest disappointments , as to the ends pretended , but the worst of consequences have by a very visible progresse openly discovered both the folly and prejudice of this presidencie under question . for evincing whereof i observe .2 . that as it is not unto this fixed presidencie as such , but unto the more abounding grace of god , under these frequent and grievous persecutions wherewith the church was then exercised , that the singular order , unity and charity of the primitive times is to be ascribed ; so the gradual advance of this prostasia , together with the joint and perpetual declines of true knowledge & piety , & concurring increase of pride , contention , irreligion & superstition , are very pregnant evidences of its vanity . i need not note that the first times to which this presidencie can lay any claime were the purest ; its first setting up , as most acknowledge , was in the second centurie , in a simple protocathedria to the senior presbyter : shortly thereafter it turned to a prostasia given by election ; and then stil ascending , even under the discountenance and persecution of the heathenish powers and people , it did notwithstanding , what by wresting the election in many places from the presbyters , and what by usurping the power of ordinantion and censures , advance to a very high degree of prelacie : as is aboundantly confirmed by what may be gathered from the records of these times , and especially by good cyprian his words to his presbyters epist. 6. a primordio episcopatus mei , statui nihil sine consilio vestro privata sententia gerere : whereby as it were in opposition to the then corrupt custome of other bishops , he plainly insinuateth his contrary resolution . now what , under this progresse of the prostasia , still pretending to be a remedy , was the growth of the evils both of contentions , schismes and heresies ( specially in the intervals of the churches sufferings , wherewith these several degrees were manifestly attended , needeth not to be enforced by many instances . that of victor as to superstition , contention and schisme , who for a different observation of pasch ( a weighty point forsooth ) did excommunicat the better halfe of the christian world , may stand for a thousand : and as for heresies , their catalogues are almost endlesse : but though its rise under so great pressures , doth very convincingly argue the strong and subtile spirit working in its elevation ; yet it was from the time of constantin's empire , and the rising of the sun of prosperitie upon the church , that it did yet more evidently begin to discover itself in its proper collours : and from this period indeed it was , that , more and more exalting and explicating its powers , it ceased not , until through proud and fervid contentions of the prelats amongst themselves for precedencie ( more dangerous by far then al the pettie contests that could arise among presbyters ) and these still varnished with he pretexts of unity , peace , and apostolick example , but really animat by pride and ambition , and accompanied with covetousness , luxurie , neglect of truth , abounding of errors , superstition and irreligion , it at length arrived at the papacie ; which , by its tyrannous infallibility and implicit faith , did in the end indeed bring forth , in the destroying of true knowledge and conscience , an apparent peace and unity , most like to that indifferencie in the matters of religion , and surrender and abjection of conscience , which the abettors of our supremacie do , under the same plausible names and pretenses , so much endeavour to introduce . this being then the growth , progresse and product of this prostasia & its lying pretense of remedying & preventing schism ( in effect nothing els then the sutable revelation of that mysterie which at first did more latently begin to work under its lesse discernable appearances ) what judgment is to be made of it , i leave to every mans ingenuity . if it be objected , that although the ensuing of prelacie and papacie , and all their evils upon the ancient episcopacy may give a colour to the premised discourse ; yet it is easie in such matters to strain observations ; and these consequences may be only its accidental and not its proper effects . 't is answered , not to insist upon the natural and gradual connexion of the things represented , more easie to be discerned by impartial reflection , then perswaded by superfluous arguing , it is very observable , first , that the great , if not the sole reason , that from the beginning hath been or can be alledged for the ●ixed presidencie , viz. the eare of divisions , and prevention of schisme , was that which in the righteous judgment of god , according to the deceivablenesse of unrighteousness , was still made use of for carrying on the mysterie of iniquitie , until that at length it appeared in its own colours , and discovered its effects , infinitly more pernicious then the evils which it pretended to obviat . 2 , that in matters religious , the want of divine institution , and consequently of our lords promise and blessing , together with the actual following of bad fruits & effects , are a sufficient demonstration , that the thing questioned is thereof properly productive . i need not observe , that it is upon this ground that the popes primacie and headship is very justly charged with all romes superstitions and abominations : if of old , i sent them not , therefore they shall not profit this people , was by the spirit of the lord made a sure and firme conclusion , shall not then the visible accomplishment , i appointed it not , and it hath not profited , but been attended with many grievous mischiefs , prove an evidence equally convincing ? but it is said , admitting that this was indeed the course of its exaltation in these times yet the proposal of it being now made with a manifestly contrary designe , and in effect to low and reduce prelacie ; the preceeding representation is of no moment . 't is answered , i grant that this reduction is indeed given out to be the design of the alteration offered : but seeing it is in the supremacie , more then in the papacie in itself considered , that the strength and complement of all corruption in ecclesiastick government , and the very end and design of prelacie itself doth lye ; and that the present offer of this presidencie , is only a politique draught , ●ending by the engadging of these who justly reclaim to sit & act in its courts , to the more compendious and sure establishment of the same supremacie , and rendering of its influences more effectual ; it is evident that its project may possibly appear a more covert , but is in truth ra●her a more dangerous part of the same mysterie . if then this fixed praeses , at first set up in the church , be a thing unwarrantable and anti-scriptural ; that the episcopus praeses offered to us must be much more such , cannot be controverted ; in as much as there are several material differences betwixt the one and the other all aggravating against the present proposal , as this short comparison of the two doth abundantly hold out . the episcopus praeses in ancient times was at least in the beginning chosen by the presbyterie over which he presided , and consequently was by them censurable ; as also he did only preside over one , and that oftentimes a very small classis , the taking of the election from the presbyters , the exempting the then episcopus praeses from their controll , and the superinduction of metropolitans and arch-bishops being all posterior inventions . whereas the praeses poposed to us is to be nominat and appointed by his majesty ; and for any thing we know by him only deposable or removable : as also the least of them is to be over many presbyteries or classes , whereof any one is by far too large for a conscientious gospel oversight , and two of them over several synods , not to mention their extrinsick and absurd secularities , clearly incompatible both with the nature and work of their office . which differences to be both certain and material , it were easie for me to make out : but since our rejecting of this prostasia , doth proceed upon far more solid and comprehensive grounds , i shall not urge them : only , that i may a little recreat my reader , the returne made at pasely by a worthie doctor , to that disparitie of the present praeses his being nominat by the king , is very observable ; and after he had meenly declared the manners of old elections , and how the people sometime aswel as the presbyters had an interest therein , and having made his answer , that the church did then appoint and choose this praeses , for want of a christian magistrat , with no better consequence then i● one should alledge , that for the same reason the church did then , and the magistrat might now , ordain ministers , he proceeded to prove the lawfulnesse of his majesties appointment and nomination , partly from the prerogative of universal patron , competent to him jure coronae , and by act of parliament , and partly because that an inferior patron by presenting a minister to the kirk of his presentation , doth thereby make him a proestos over the parochial elders . was not this grave and judicious reasoning ? but seeing the right of patronage is in it self a civil right ( though indeed a sad incumberance to the church ) only respecting the benefice , by vertue whereof the patron conferreth no ecclesiastick power , or any thing pertaining to the office , but , in that regard , referres the person presented intirely to the tyral of the church , which alone admitts him to the function , and conveys to him any ecclesiastick power thereto competent , i only wish the doctor that reflection and sobrietie as may hereafter prevent such flegmatick mistakes . the next argument against this fixed presidencie , and why we can not consent unto it , i take from the oath of god that is upon us ; not that i account these covenants to be the main , if not the only , ground of scrupling , as the bishop alledgeth to be by many of us pretended : no , i am more perswaded , that there is nothing sworne to , or renounced by us , in these ingagements , which is not antecedently either duety or sin , then to be in love with their arguments , who , from the determination that may arise from an oath in things within our power , do thence conclude against episcopacie as in it self a thing indifferent , and by our oath only abjured . but seing covenant-breakers do now turne covenant-interpreters , and it is the authors own undertaking to prove that a fixed presidencie is not contrary to this our oath , and seing that the same oath doth indeed superadde a special obligation , as we shall afterwards hear , i shall first shew , that this episcopus preses is by us abjured , and then review the authors observations in the contrary . and as to the first , it is not from the solemn league and covenant that we do only or yet principally conclude in this matter● no he who remembereth what i said in the beginning concerning our reformation in the year .1638 , and our renewing of the national covenant , with the explication thereto subjoined , whereby , having found pre●byterian government with an equal paritie , to be the government appointed by the lord in his house ; and that the same was formerly established by oath in this land ; and having then restored it , we bind our selves constantly to defend and adhere to the true religion , as then reformed from the novations and corruptions that had been introduced ; whereof the government of the church by bishops , and their constant moderatorship were reputed to be a part ; and to labour by all lawful means to recover the purity and liberty of the gospel as it was professed before the forsaid novations : he , i say , who remembereth these things , will easily grant , that it is upon this oath , that our chief obligation depends , and it is to it that we are to referre our ingagements by the league and covenant , whereby we are bound to preserve the reformed religion in the church of scotland , in doctrine , discipline , worship and government : so that the second article of the league , binding to the extirpation of popery , prelacie , &c. and whatsoever shall be found contrary to ●ound doctrine and the power of godlinesse , ( whatever respect it may have to england and ireland for the future yet ) as to scotland , it must more forcibly inferre an abjuration of all these things already found to be such ; whereupon it most evidently followeth● that presbyterian government with its exact paritie , being then the thing sworn by us to be preserved ; and episcopacie in all its degrees abjured , as novations contrary to truth and godlinesse : this fixed presidencie offered , and our consenting thereto , is directly contrary to these oaths and ingagements . but now , let us consider what the papers say unto this point . and first we are told , that notwithstanding the many irregularities and violent wayes of pressing and prosecuting o● it , yet to them who remain under the conscience of its obligation , and in that , seem invincibly perswaded● it is very pertinent , if true to declare the consistencie of the present government even with that obligation . 't is answered , these insinuations of irregularity and violence being only general , without so much as a condescendencie , let be any verification , i might very justly neglect them ; but , being made by a person , who , after being eye witnes to the courses which he reproacheth , did both take the covenant himself , and administrat it to others ; and now notwithstanding that all the cavillations and objections of adversaries have been answered without reply , hath under his hand renounced it , i can not pas●e them without ●ome admiration of such inconscionable insolence , of which ● do hereby defye the author to acquit himself by any rational and probable instance● we ●ave indeed heard the proud calumnies of prevailing adversaries but seing these are certain truths viz. ● that this landbeing in the beginning lawfully ingaged in the national covenant , did upon the occasion of the ensuing and growing defections and novations , very justly both renew and explaine their ingagements , and also censure such , who , by refusing their assent , did evidently declare their apostasie . 2. that not only the communion of saints , but the very force of that obligement of constant defence and adherence , contained in the national , did so constrain us to make the league and covenant , as the visibly neces●ary mean for that end , and without which conjunction the prelatick partie in england , which had twice from thence perfidiously attac●qued us , prevailing there , had in all probabilitie overwhelmed us , that the refusal of this second covenant , by any who had taken the first , could not but be construed a breach thereof ; and expose them to condigne punishment , 3. that the countenance and confirmation of authority being demanded , and unjustly refused , to that , for preservation and maintenance , whereof government it self was set up , can not in reason make the deed so done , for want thereof unlawful . and 4. that the sufferings of recusants in our former times were , either for the merit or number of the delinquents , very small and inconsiderable , and have been by the renversings and persecution● of these la●e times so many degrees exceeded , that it is ashame for any person of ingenuity , by accusing the past and owning the present , to shew such partialitie . these i say , being certain truths and so fully held out by several writings on our side , it is impossible but , the same being duely perpended , all the vapour of this smoak must instantly evanish . but in the next place comes the authors kindnesse and charitie to relieve such , who labour under an apprehended inconsistencie of these their oaths with this fixed presidencie , & in prosecution hereof , he sayeth , that if men would have the patience to inquire , this our episcopacie will be found not to be the same with that abjured ; for , that is the government of bishops absolutly by themselves and their delegates , chancellours , archdeacons , &c. as it is expressed in the article , & was on purpose expressed ●o difference that frame from other forms of episcopacie , & particularly from that which is exercised by bishops joyntly with presbyters in presbyteries and synods , which is now used in this church . and here i might again take notice of the grossness of this mistake , supposing our present church-government , because forsooth it is not exercised by chancellours , archdeacons and the rest expressed in the second article of the covenant ; therefore not to be that which was abjured , but a distinct from managed by bishops joyntly with presbyters● whereas it is evident as the sun-light , that our parliament did not only in preparation to the late change make void the obligation of our covenants , and all the acts and authority of former parliaments , whereby episcopacie had been abrogate : but also restore and redintegrat the estate of bishops , to a more full injoyment of church power and prerogatives then formerly was granted unto them , yea unto the sole possession and exercise thereof under his majesty , above all that their predecessors did ever acclaim : as both from the act of restitution , and the consequent practices of our bishops i have already plainly evinced ; that so it is beyond all controversie , that the same episcopacy abjured , what ever it was , was by our late parliament again restored . but secondly admi●ting , that our present frame were in esse such as it is represented , or at least by the proposal of accommodation offered : as the mistake or rather wilfull error of this passage , doth borrow its colour and pre●ext from the second article of the covenant , obliging us to the extirpation of poperie and prelacie , that is to say , &c. according to the description there set down ; so , the thing obvious to be observed for clearing thereof is that in order to our case in scotland it is not the obligation of this second article to extirpate , that we are principally and in the first place to regard ; but it is the positive ingagement of the first , binding , as to scotland , to preserve , and , as to england and ireland , to reforme , that is in a manner the key of the whole , in as much as by the church of scotland , and to endeavour the se●lement of the church of england , the second article is manifestly subjoined by way of execution , viz. that for attaining the ends of the first we should endeavour the extirpation of all things therein , either generally or specially enumerat , which two articles , the one to preserve the then constitution of our church , with so great contendings lately reformed from this corruption , amongst others , of the bishops their constant moderatiship , and the othe● , to extirpate every thing found to be contrary to sound doctrine , and the power of godlinesse , as episcopacy in all its degrees had been by our church declared to be , doth certainly make up an obligation most directly opposite to , and inconsistent with this presidencie re-obtruded . thirdly , if thir luk-warm conciliators were as mindful to pay their vows to the most high , as they are bold to devour that which is holy , and after vows to make inquiry , in place of this impertinent wresting and misapplication of these obligements in the league and covenant , which do more properly concerne the at-that-time-unsetled estate of england and ireland , then the established condition of the church of scotland , as we shall immediatly hear , they would rather consider their own and our obligations by the national covenant , and how in that day of our distresse , and wrestlings from under the yoke of prelacie , we swore unto the lord to defend that reformation whereunto we attained ; and constantly to reject and labour against all these novations and corruptions , from which we were then delivered : under which head of novations and corruptions , i am assured that every considerat person will so easily perceive this presidencie and moderatorship o● bishops to have been abjured , that he will almost as much wonder at the heedlesse expositions of our adversaries , put upon these covenants , as pity the sin of their perjurious declaring against them . it is therefore certain , that as , since the reformation , we had not in scotland that species of prelacie particularly described in the second article of the solemn league , but the same was therein insert , mainly in order to our neighbour churches ; so the episcopal government , at this day restored in scotland , is the same , and worse then what we had before , and the presidencie now proposed was one of these very corruptions against which we are bound for ever to preserve this church at that time therefra reformed . but the author sayes , that the presbyterians in england do generally take notice of this distinction , viz. that by the covenant the prelacy only therein described , and not moderat episcopacie , that is , a form of synodical government conjunst with a fixed presidencie is abjured . and for proving this assertion , he cites the two papers of proposalls to his majesty by the presbyterian brethen , anno 1661. master baxter in his treatise of church-government , and theophilus thimorcus , in his vindication of the covenant not to be against all manner of episcopacy , but that prelacie only therein specified . it is answered ; to measure our main obligation by the covenant , in order to the church of sco●land by that part of it which was principally intended for the churches of england and ireland , is so grosse and dull an inadvertencie , that , i am sure , nothing , lesse then a judicial delusion could have made a man of the authors knowledge and sobriety to lapse into it . nay , seing that he himself doth note , that when that covenant was framed , there was no episcopacie at all in being in scotland but in england only . is it not a wonder , that thence concluding that the extirpation of that frame only could then be meant & intended , his logick should so pitifully fail him as not to adde , and from that church alone where it was seated , which would have so clearly restricted the subject of that article , that i am certain● at on glance , he had discovered all his applications of it unto scotland as its primarie object to be impertinent . but where there hath appeared no conscience in keeping ; why do we expect much sense in interpreting ? and we all know , what kinde of person it is of whom solomon saith , that his eyes are in the ends of the earth . to bring him back therefore to the purpose , it is the obligation of the church of scotland & members thereof in order to its self , anent which we do now inquire , & for clearing thereof it is granted , that by the solemn league the church of scotland being then established , the preservation of that establishment , with the duty of extirpation in so far as is necessary thereunto , is only covenanted , which , though it do sufficiently exclude this fixed presidencie , as contrary to that establishment , and also unto sound doctrine & the power of godlinesse ; yet it is by the national covenant & its subjoined explication whereby not only the episcopal government which then was amongst us , & is now restored & advanced , but the bishops their constant moderatorship , as a novation and corruption in this church , is plainly abjured . by all which it is evident , that as the league and covenant , being referred to the national , by which the establishment in the former sworne to be preserved was first setled , doth mani●estly exclude this episcopus praeses ; so the obligement in the league to extirpat the prelacie therein described , only applicable to the churches where it then was , is most improperly made use of for explaining our ingagement in order to our selves in the case controverted , now as to the citations of the english authors adduced , it is certain as to the present question we are not therein much concerned ; they speak of the obligation of the covenant in order to england , and how that article of extirpation for that church principally provided is to be understood , the thing that pertaineth to us is to consider , how far , either by the league and covenant or any other ingagement lying upon us , we are bound against all corruptions to the preservation of the setlement we then enjoyed , which are subjects quite distinct ; and thereby this heap of citations gathered by the author is by one blast dissipated . but lest it may appear hard that we should be bound to such a precise form in scotland , and england in that same covenant left to such a latitude , it is answered , not to reflect upon what might have been the secret designs of some unsound men in this matter which we neither were bound nor could distinctly know , this one thing is evident , that for us in scotland , who could not expect that england , groaning to be delivered from prelacie , should instantly upon our grant of assistance embrace presbytery in all its forms , of which they had not full and exact knowledge and no experience ; and withall , seing we did hold presbyterian government to be according to the word of god , and knew the common estimation then made in england of the c●urches of scotland , geneva , the netherlands , and france as the best reformed ; the obligation provided in the covenant to endeavour englands reformation according to the word of god and the example of the best reformed churches , with the article of extirpation subjoined in its full extent , was certainly at that time all the assurance we could desire , and upon which we did very rationally relye● neither is the same in the least impugned by that which is alledged out of the authors cited ; viz. that many grave men of the assembly of divines desired that the word prelacie might be explained , because it was not all episcopacy they were against ; and therefore the particular des●●iption was subjoined : as also some members of parliament scrupling the meaning of prelacy , it was resolved with the consent of the br●thren in ●cotland , that the oath was only intended against prelacy , as then in being in england ? and mr coleman administrating it unto the house of lords di● so explaine it : because as it was indeed very consistent , that in so far as england had then attained , we should ●ave closed with them in a particular oath for extirpating the evil discovered : and yet for a further advance rest upon the more general obligements , so surely and safely cautioned , until god should give further light ; so the common acknowledgment of both parties , that the then prelacie was only expresly abjured , and not all episcopacie , seeing no species of episcopacie was on the other hand either by them reserved , or by us consented to , doth nothing contradict why both the rejecting of all episcopacie , & setting up of presbytery might not still be covenanted unto under the general provisions : and therefore , seeing it is very agreeable both to truth and righteousnesse , that a church convinced of evils , but not so enlightned as to the remedies ; may covenante against the evils in particular , and also to endeavour a full reformation according to the word of god ; and , by vertue of this general obligement , become bound to make a more exact search , anent the lawfulnesse or unlawfulnesse of things , anent which in the time of the covenanting they were more hesitant , and after discoverie to reject even that which formerly they thought more probable , it is very evident that all the doubting in england anent moderat episcopacy , at the time of these ingagements , do nothing impede , why both they and we , in our respective stations , are not still obliged to reform that church from all episcopacie , and to extirpate it as contrary to the doctrine , which is according to godlinesse . so that englands latitude , as to this point , is rather apparent then real , and our obligations in order to both kindomes are in effect objectivè the same . i grant the authors cited do understand the thing otherwise : but not to tell yow that the proposals mentioned were neither made nor approven by all , nor belike by the soundest presbyterians in england ; that mr baxter is not singular in this only subject , and that timorcus who hath done very well in his main subject , might have done better in this particular : one thing i am confident to affirme , that the ground which all of them lay down , viz. that all manner of episcopacy was not by the covenant particularly abjured , is most fallacious , in asmuch as , if it may be demonstrat from the word of god and experience , that all manner of episcopacy is repugnant thereto and to the power of godlinesse , ( as i am sure it may , and it hath been by me essayed ) its non-abjuration in special doth nothing militat against the import of the other general article . as for the other grounds contained in the author's citations , viz. the agreeablenesse of this presidencie to the scripture & primitive times , and the custome of our kirk-sessions ; they are already answered : & what mr baxter addeth anent the superintendents & visitors , which we had in scotland in the begining of the reformation , it is as easily removed by the then infancy of our church , and extreme penurie of pastors , as his other argument from the temporary moderators , chosen by synods for the occasion and to them accountable , is concludent as to the fixed presidents now under question . to these authorities the author subjoines that , though we have the names of dean , chapter and commissarie , yet that none of these under that name exerce any part of the discipline , nor is this done by any other having delegation from the bishops with a total exclusion of the communitie of presbyters , which is a great part of the difference betwixt that model of prelacie to be extirpat and this with us . who would not pity such folly ? who knows not that englands prelacie was ever different from any episcopacie that we had in this church since the reformation , ( although by the way i must reminde my reader how much by the late restitution it is advanced ) but if by the particular obligation to extirpate , contained in the second article of the league , we be only bound to extirpat englands prelacie , doth it therefore follow , that notwitstanding of the obligement to preserve presbyterie then setled in scotland , and in general to extirpate every thing contrary to sound doctrine and the power of godlinesse , and especially by vertue of the abjuration , made by us of our former episcopacy in the national covenant , that yet we are not bound to dissent from & oppose the late restitution , whereby presbyterian govern. being overturned , the same , yea a worse bond of episcopacie then what we abjured , is restored . really these insinuations are so raw , that i am ashamed to medle with them ; & yet the authors fancie ( which all that know him , know to be in him a very over●ruling faculty ) being once lesed with this mistake anent the article for extirpation , he goes on and tells us , that he will not deny , that the generalitie of the people , yea even of ministers in scotland , might have understood that article as against all episcopacy . but if he will credit truth , he may be better informed , viz. that though the generalitie might very well , by the whole complexed tenor of that article , understand all episcopacie to be sworne against , yet it is most certain , that they still understood their principal binding ingagement against it to flow from their abjuration in the year 1638. and their oath , in both the national , and league and covenant , to preserve and adhere to presbyterian paritie then estabished : and therefore the new discovery here pretended , as if the covenant did admit in our church a moderat episcopacie , notwithstanding our obligement to extirpate prelacy , with all the ridiculous ●atle ensuing , concerning the genuine consistencie of the words of the article for extirpation , with such a qualified and distinctive sense , and also the meaning of many of the composers and imposers , for a moderate ●piscopacy different from that prelacie , is but the continuance of the same delusion . but now i hope to awaken this dreamer , who addes , that unlesse we make it appeare● that the episcopacie now in question with us in scotland is either contrary to the word , or to the mi●igated sense of their own oath , it would seem more suitable to chris●ian cha●itie to yeeld to it , as tollerable at least , then to continue so inflexibly fast to their fi●st mistakes , &c. and with ●his i heartily close : and therefore seing ( not to repeate in this place w●at i have already proved , viz , that the episcopacy now among us is not so much as christs , or true ecclesiastick-government● but meerly his majesties usurpation over the hou●e of god , which all men ought to abhorre ) i say , tha● seing i have in some measure proven , that the episcopacy in debate is contrary to the word , and ( whatever may be the impertinent mitigation offered of the article to exti●pat no wayes proper to our purpose ) that yet it is diametrally opposit to the ●ational covenant , and our abjuration t●erein contained , and ●he first article of the league , as above declared ; i hope our adversaries will cease to accuse us of want of charity & of inflexibilitie , but rat●er yeeld themselves to the conviction of the truth , specially to the obligation of our national covenant , which our author hath hitherto very fatally and foolishly forgotten : and thus i suppose the bishop , receiving better information of our grounds , will at least cease from his presumptuous confidence , untill ●e find out for us a more colourable solution . as to what is added in the papers of the aversion of some in england against the covenant , as being against all episcopacy , it is evidently a strain of the former ravery ; and therefore , mis-regarding both the objection and solution , i come to the next passage , wherein the author , casting off all fear of god , reverence to the most learned and pious assemblies that ever sat in britain , respect due to as wise and honourable parliaments as ever these nations beheld , the good opinion and charity he ought to have for men and christians truly such , and regard to his own credit , being once far engaged in these wayes , proceeds without the least verification to give a character of the covenant and its courses , made up of such reproaches of simplicity or cheatry against all ingaged in it , perplexity and vexation of all that faithfully adhere to it , and insolent mocking at the overthrow of gods work and desolation of his sanctuary , that malice it self could have uttered nothing more false and virulent . the truth is ( saith he ) that besides many other evils , the iniquity and unhappinesse of such oaths and covenants lyes much in this , that being commonly formed by persons , that even amongst th●mselves are not fully of one minde , but have their different opinions and interests to serve , ( and it was so even in this ) they are commonly patched up of so many several articles and clauses , and these of so versatile and ambiguous termes , that they prove most wretched snares and thickets of briars and thorns to the consciences of these that are ingadged in them , and matter of endl●sse contentions about their true s●nse , &c. especially in some such alterations , as alwayes may , and often do , even within a few years , follow after them ; for the mo●els and productions of such devices are not usually long-lived thus he , and for justifying the censure which seriousl● i have without prejudice premised ; i first inquire , why is there here such an insinuation prefaced of many other evils , whereof there is not one enumerat ? must we believe the covenant to eb worse then can be expressed , because the accuser can prove nothing ? and why is this accusation pretended to be in general of all such covenants , when yet it is expressely intended against the league and covenant ? is it because the author would have us to reckon it amongst the worst of combinations ? or because he hath the same regard and faith for all covenants , or at least t●at by such a general he may the better cover the pointednesse of his calumnie only levelled at this . but taking all to be spoken of our covenant , it is said , that it was framed by persons amongst themselves not fully of one minde , but serving their different opinions and interests . but , 1. whatever might have been the unsincerity and byasse of a few persons , as there is nothing perfect ; yet that the bodies of both the parliaments , assemblies , and people of these nations , were acted in the matter of this league with such unanimity , straightnesse and zeal for religion and liberty , as can not readily be instanced in any age or nation , and could only be the effect of a divine presence and assistance , is unto this day no lesse the comfort of its faithful adherers , then the confusion of all its adversaries . 2. as the matter it felf was thus carried , so i can appeal to the remembrances of thousands , that the taking & renewing of our covenants , both in this & our neighbour land was attended with more sincere mournings , serious repentances , and solid conversions , then almost ●ath been in any dispensation of the gospel since the da●es of the apostles . 3. admitting that the persons and motives influencing this covenant had been such as is represented , yet , i am perswaded that , such is the truth , righteousnesse , plainnesse , and consistencie of all its articles , that considering their brevity , the mighty parties ingaging , and how circumstantiat , with their universal and most important concerne , that which is offered to make its reproach , is the most visible argument of the lords over-ruling providence , and evidence of the covenants glory . but it is further alledged , that it is patched up of so many several articles and clauses , and these too of so versatile and ambiguous termes , that it proves a most wretched snare . certainly , in fair , yea in charitable , dealing , if the author had intended either the information of the ignorant , or the conviction of the obstinat , or had but tendered his own repute , so broad and foul a challenge should at least have been qualified by a condescendence . it were easie for me to oppose one general to another ; nor do i fear any losse from the inequalitie of our credit . but i am so perswaded , both from conscience , reason , and the common sense of all impartial men , of the falshood of this calumnie , that i am angrie that , by this disappointment , he should robe me and our cause of so probable an advantage . i shall not resume the quiblings of the oxfoord doctors and others : i freely refer my reader both to their writings and the answers they have received , yea to the covenant it self for the best solution . if i may here guesse at the authors meaning by such circumstances as occurre , the versatile ambiguitie , he would objecte , is mostly in the certainty of the obligation of reformation in order to england , ( for as to the variety and generalitie of the many articles and clauses that he mentions , within a little , we shall finde him more particular ) and as to this uncertainty , i have so fully evinced the lawfulnesse of the league in the matter of the extirpation covenanted , wherein both parties did clearly agree , and the warrantablenesse of t●e general clause of reformation being referred to such a certain rule as the word of god , and conformable example , that i am confident ( whatever might be mens fraud or failing in the prosecution yet ) the covenant in this part cannot be accused either of uncertainty or ambiguity , without wounding thorow its sides the scriptures of truth with the same darts . in the next place he tells us , that by reason of this variety and ambiguity , the covenant becomes a most wretched snare , a thicket o● briars and thorns to consciences , and a matter of endless● contention , &c. good sir , why so severe ? sure , whatever ground of complaint others may have in this regard● yow , who have found a way through these briars and thorns , and are come out of this thicket with your coat rougher then at your entrie , have none at all : and , no doubt , had all ingaged in this covenant been of a conscience such as yours , it had been easie for them , by its serpentine subtiltie , and irreligious indifferencie , to have extricat themselves from greater difficulties . but the truth is , the author hath wickedly broken the covenant , and to disguise it , he would have the world believe , that all who remain faithful are caught in the briars , and detained against their wills . i shall not ask what these snares● thickets and contentions are , whereof he accuseth this ingagement : it is below his dignitie to be so put to it . we know that many● part openly part more covertly , have dealt very treacherously in this matter ; & if thereafter , to palliat their perjury , they have moved debates anent it , is the covenant therewith to be charged ? one thing only i must say , that as many of these disputs have taken their various pretensions not from the covenant it self , but from the word of god to which it referres , and which i wish the author do not account liable to the same exceptions ; so , of all the objections moved by such , who , in the succeeding alterations of providence , have thereby endeavoured to excuse their unstedfastnesse , the author , of all the greatest changeling , hath here given the poorest and meanest account , scarce sufficient to give a colour to his reproach : and this leads me to notice the great pretense of this complaint , viz , that in the revolutions we have seen the covenant hath proven so uneasie . i shall not say that , in this , the very scriptures of truth may also be construed an hundered fold more uneasie : but of this i am most assured , that he , who , for himself and others , pleads for a compliant liberty for all these so contrary changes that are gone over us , must not only slack the bonds of the covenant and the command of god ; but of all honesty and ingenuity among men : it remains therefore , that he that would be faithful , aswel as he that would live godly , must resolve to suffer persecution ; the contradiction of sinners , and the crosse of christ have alwayes been the great offence of a foolish world : but who , through uprightnesse and patience for this trouble , do attain unto the promised peace shall never be moved . as for the authors observe , that the models & productions of such devices are not usually long-lived ; we judge not by such appearances : our establishment is , that god liveth and reigneth , & our lord is risen again & alive for evermore this was the primitive consolation : and who knoweth but he may also make this triumphing , as he hath made many the like● to be but for a moment . but now , when my author hath run his first carreer against the league and covenant , poor man , what is all this to scotlands principal obligation against all manner of episcopacie , viz. the bond of the national covenant , entered into with so great unanimity , explained in such evident and certain termes , confirmed both by treaties and pacifications● and at last by the full authority both of king , parliament and general assembly ? certainly this is that which never entered into his thought , his indignation against the league doth so transport him , that there is nothing else which he seemeth to regard : and therefore he goes on , and first he insinuats an excuse for some who he sayes , in yeeldance to the power that pressed it , and in conformity to the general opinion of this church , did take the● covenant in the most moderat and least schismatick sense ; sure , this is so suited to the authors mistakes , that it must only be his own apologie ; his head still runs upon the article for extirpation . and no doubt his sense thereof , aswel for popery as prelacie , is as moderate and little schismatick as may be ; sor all know him to be large as catholick ( in the common exception ) as christian. but as for the obligement to preserve the reformed religion of the church of scotland , which this debate mainly respects , i believe he is the first that ever thought it capable of two senses , let be to make choise of the more moderat . but next , he sayes , he cannot clear them of a great sin , that not only framed such an ingine , but violently imposed it upon all ranks of men , not ministers and other publick persons only , but the whole body and communitie o● the people , th●reby ingaging such droves of poor ignorant persons to they know not what , and , to speak freely to such a hodge podge of various concernments , religious and ●i●ill , as church discipline and government , the privileges of parliament , the liberties of the subject , and condigne punishment of malignants ; things hard enough for the wisest and learnedest to draw the just lines of : and therefore certainly , as far from the reach of poor conntrey peoples understanding , as from the true interest of their souls , and yet to tye them , by a religious and sacred oath , either to know all these , or to con●end for them blindfold without knowing them , can there be instanced a grea●er oppression and tyrannie over consciences then this ? thus he . a weighty accusation indeed if well founded . but though the simple reflection who the framers of the covenant were , viz. the greatest , wisest , and most religious courts of the two nations , not led by the nose by a prelatick influence , which their sottish clergie may not contradict ; but using all liberty both of reason and suffrage , may make every one so advertent as to discover the absurdity of this exception : yet , because it appears to be the authors last reserve , i shall review it particularly ; and , not to stand upon the deceitful phrase of framing ingines which he useth , his first challenge is , that the covenant was violently imposed upon all ranks , not only ministers and publick persons , but upon the whole body and communitie of ●he land. cer●ainly to take thir words according to their obvious import , a man would think , it was by a few violent and monstruous tyrants , who , rising up and prevailing against these nations , did cudgel all ranks in them to the taking of this covenant , whereas the known truth , that not only the nations did by ●heir representatives unanimously , but by themselves , for the far greater part , cheerfully ingage therein , doth render the calumny very palpable . 't is true there were a few that did refuse it , but supposing ●his to have been their single deserving ( as for the most part it was not ) yet their suffering was so just and notwithstanding moderat , and their number so small as i have above observed , that it cannot give any countenance to the exception . the next thing objected is , that droves of ignorant persons were ingaged to they knew not what ; and , to speak freely , to such a hodge podge of various concernements religious and civil , &c : who would forbear a ●ree and round reply to such a confident assertion ? he cometh for●h in a simulat pitie of poor ignorants , and a great resentment of their being by others abused , and yet i am bold to affirm , that he himself bewrayes as crasse ignorance , in this passage , as is to be found in any among the droves he mentions , and ( according to the same proportion ) an imposing upon the beliefe of others superlatively presumptuous : and for proving of this , i only ask him , is not every soul bound by the law of god to maintain his king , his countrey , and his neighbours rights , prerogatives , and privileges ? who can deny it ? but is he therefore bound to know them all , or to contend for them ? who seeth not the ridiculous vanity , if not blasphemy , of such an emptie dilemma . to be clear therefore and distinct in this matter ; to the conviction of the very stiffest opponent , i say . 1. that an oath , binding simply to particulars of meer fact , doth no doubt require , to the effect it may be sworne in truth , righteousnesse , and iudgement , that the taker both know the things sworne to , and be perswaded that they are true and righteous : thus he who ingageth by oath to certain specifick privileges agreed unto , is , no doubt , in conscience first obliged to know both their nature and qualitie , else can not satisfie the forementioned command . 2. on the other hand , if an oath do bind not to matters of meer fact , but to a certain duty , either generally or specially expressed , and in such a manner as clearly intimateth the antecedent rule , whereby it is determined , then this oath being thus safely cautioned , and in effect only an accessory ingagement , exciting and intending former obligations , but no wayes extending them beyond their limits , the very notion of the duty in general is sufficient , without any further knowledge , to fit the person to bind his soul by such an oath : for example , he who knoweth no more then the general notion of righteousnesse may no doubt lawfully sweare to perform all righteousnesse , although for the time he do not so much as know its common astract precepts , let be the particular concret deeds that may thereon depend : and the reason is , because , in effect , such an oath doth , in the first place , bind to endeavo●r more distinct and full knowledge , and so can not rationally be thought to suppose it . 3. that in oaths assertorie , which are o● a mixed nature , as condescending indeed on cer●ain particulars , but yet only binding to their observance , under the notion , and in the supposition that they are righteous , although because of the condescendence it doth no doubt prerequire knowledge ; yet righteousnesse being its determining and regulating object , it alloweth upon a better discoverie , not only a rectification of the same particulars without perjury , but also an extension of the oath to such things , which , being for the time unknown , do afterward fall within its rule and line : thus , if , upon a particular occasion , i swear to my neighbour to maintain his rights , as it doth indeed bind , in the first place , to the definite defence of these which occasioned the oath , yet so as to admit of an alteration in any thing that shall be afterward found not to be righteous , and consequently no right ; so no doubt , as to all his supervenient rights , though afterward only coming to my knowledge , the same oath doth very justly extend its obligation . 4. as the foregoing rules do abundantly explain the matter of this oath , with what measure of knowledge it both supposeth and importeth ; so the limitation and restriction , to the ingagers place and calling , doth make it in such sort accessory to the former duties incumbent to him , that , in effect both as to the knowledge and performance whereto it binds , it rather intends then ampliats their predetermined obligation . i might have added , in this place , that every affirmative oath , whether particular or general , doth undoubtedly , in the first place and most obviously , bind nega●ivè ; that is , that the person swearing shall do nothing contrary to , nor obstruct that whereunto he is positively bound . but this is a thing in it self so evident , that though it may be of use in the explication in hand ; yet i conceive it sufficient to have observed its omission . and furder , both for illustration and application , i shall adduce no other examples then the things objected . and first , passing the mention here made of things religious and civill , which , no doubt , may be very consistently both commanded and ingaged unto together , the swearing of the people to church discipline and government is instanced . but if christ hath in his church appointed both , and if all christians be bound to maintain them , as they are thereto called , i am very certain , that to oblige them in their place and calling thereto by oath cannot be disproven . but it may be said , that by the covenant the people became obliged to a particular species of government , of which , in probability , they could not know all the parts , let be to know their warrant . 't is answered , the corruptions of episcopacie having had such an universally grievous influence upon all ranks , and these , with the opposite true form of presbytery , having been so expresly and plainly laid open and abjured , in the year . 1637. 16●8 . and 1639. as the people ought in duty to have had a competent knowledge in these matters ; so it is very assured , that their knowledge therein was abundantly clear and distinct , as the very considerable remains of it to this day do evince . the second instance is made of the privileges of parliament , liberties of the subject , and condign punishment of malignants . but seing the kings authority , to the defence whereof the covenant doth also bind ' , doth undoubtedly include all the righteous prerogatives of the crown , which ar as far , if not more , removed from the knowledge of the common people , then the other heads mentioned , wherefore were they omitted in the condescendence ? is it not because the duty of allegeance binding unto the same things , and whereunto certainly all may lawfully swear , is in effect , liable to the same exception ? 2. although this oath , in order to privileges and liberties , be not meerly indefinit , binding to righteous privileges and liberties in general , to which no doubt every on may lawfully swear ; but also assertory of such privileges and liberties , as were at that time by the arbitrarie course of adversaries more especially drawn in question ; yet were these privileges then not only upon the same occasion generally known , as concerning , in effect , the very being of parliaments , and just freedom of men ; but in such manner ingaged unto , under the notion of righteous , & what the limitation of the ingagers place and calling , that it is most manifest , that this article of the covenant hath both righteousnesse , for its formall & regulating object , and also that it neither supposeth nor obligeth any man to more knowledge , then either de facto he had before , or is obliged to have by the antecedent duty of his particular vocation : so that the import of this part of the covenant being plainly the same , with that either of our allegeance to the king , or of every citizen to the corporation whereof he is a member , viz , that we all maintain and preserve the prerogatives & rights , which in our station we know or ought to know to be such , and to be righteously such , the absurdity here endeavoured to be fastned upon the covenant , as tying either to know simply , or to contend blindfold , is but an empty pitiful vanity . 3. as to that of the condign punishment of malignants , it is aboundantly explicable by the same rule : for the men so termed , having , by their mischief , made themselves but too well known , and we being tyed to the discoverie , only as righteous , & in our place & calling , it is as little possible to taxe this or any other the like obligement in the covenant of excesse for its generality , as an oath to performe all righteousnesse , wherein , no doubt , all these things are included , & which , wi●hout question , all men may lawfully make , albeit they are neither bound to know nor perform any other deeds , then such as their place and calling do require of them . which grounds adduced , with what might be further her alledged from the mutual covenants both of men & nations , wherein they lawfully ingage both offensively & defensively to maintain others rights , without so much as the necessity of a particular inquirie thereinto for the time , do , without all peradventure , most convincingly redargue these weak quiblings bo●h of grosse ignorance and calumnie . what shall we then say to t●e folly and bitternesse of these reproaches , w●ereby this author , upon no better reason then what doth equally militat against all our general obligations either to god or man , is pleased to asperse the covenant , as an hodge podge of various concernments religious and civil ? what ? can not these thing lye easily enough together in an oath , which yet are all comprehended in the law of god ? are the churches true government , the righteous privileges of parliaments and liberties of the subject , and the duty of endeavouring in our place and calling that evill do●rs may be punished , and the rebels purged out of the land ( upon whom , by the law of god , the hand of all the people is commanded to be ) the great concernes both of religion and righteousnesse , things either impertinent to any , or in themselves incompatible ? or is it because that our author hath , by confounding and trampling upon all these things , and betraying at this time the churches government unto the supremacie , as formerly under the usurpers , he little regarded either the subjects liberty● or his prince his authority , and is known to have alwayes his pretended charity as contracted towards zealous godly protestants , as dilated unto irreligious papists and prelatists , polluted his own conscience , and rendered it unclean , that therefore even this sacred oath is become unclean and nauseating unto him ; what can he reply to these things ? or can he assigne us a better reason for his assertion . he sayes , it is hard enough for the wisest and learnedest to draw the just lines of these things , and to give plain definitions of them . but will it therefore follow , that none but such have any concernment in , or obligation to them : no , this were in effect an inference no lesse , nay more absurd , then to alledge that none are bound , or may swear to maintain his majesties authority , but such as can draw the just lines of all his prerogatives ; or rather that none are obliged to defend his person , but such as can draw his picture to the life . it is therefore certain , that , as all men have undoubtedly an interest more or lesse remote in these matters● so they either really have , or ought to have , a knowledge proportionable to their ingagement thereto , to which an oath for confirmation is most properly accessory . the author add's that these things are as far from the reach of poor country peoples understan●ing , as from the true interest of their souls . and o how desirable is it , that this , the one thing necessary , were indeed the speciall and main care of all men ; but to offer to confine poor peoples knowledge and obligations to their souls interest alone , with an aime so palpable to have all other things abandoned to lust and tyranny , according to the great design of these adversaries , against which this covenant was ingaged in , savours more of hypocrisie then true spirituality : and therefore i say . 1. that the true discipline and government of gods house are in themselves , and have been experimented to be , of such important influence , as to the promoving the great work and ends of the gospel , the great concern of gods glory , and wherein no doubt the interest of all souls is involved , that whatever may be in this pretense of abstraction and self confinement ; yet he must needs be of a very gallio temper that careth for none of these things . 2. although privileges and liberties , and the punishment of malignants have no such direct tendencie ; yet i am not only assured that , in the then juncture of affaires , their defence was of notable subservience to the preservation and reformation of religion principally covenanted ; but that of themselves , and as to the main of their import , they are so much within the reach of the sense , let be the knowledge , of the meanest of men , that to take them off from their concernment therein , and ingagement thereto , by the insinuation of their souls true interest , will be judged by all ingenuous persons a very cunning and deceitful impertinencie . now from the premises that we have heard , the author concludes in these terms , so that to ty them viz. the common people ) by a religious & sacred oath , either to know all these , or to contend for them blindfold without knowing them , can there be instanced a greater oppression & tyranny over conscience then this ? &c. but seeing it is most certain , that the oath doth neither tye to know all these , nor yet to contend for them blindfold ; but , being entered into from the universal feeling of all ranks of the invasions made and threatned both against religion and libertie , did , according to the nature of all such assertory and accessory covenants , only bind every on in his place and calling , and sutably to that measure of knowledge , which he either had , or ought to have , of such general and important concerns to stand to their defence against the common enemie ; the ignorance and insolence of this inference doth in deep astonishment only prompt me to say , the lord rebuke the o adversarie , the lord , who hath chosen this poor church , rebuke thee ; is not the small remnant of the faithful as a brand pluckt out of t●e fire ? but behold how he wipes his mouth ; certainly ( sayes he ) they who now govern in this church cannot be charged with any thing near or like unto it . no ? all pious , holy , tender souls . but seing i have removed the calumny , the subject of the comparison i will not recriminat ; yet we must hear a little of the mens praise , viz. that whatever they require of intrants , they neither require subscriptions nor oaths of ministe●s already entered , far lesse of the whole people . but 1. seing there can be no solid distinguishing reason given for this practice , we must conclude policy to be the only motive of this pretended moderation . 2. the oath , with the act 1612. prescribed to be taken of intrants , is so plainly and truely chargeable with a laxe dubious and insnaring generality , that , i am certain , all the light and knowledge , to be found in the most of these who conform to it , will not prevent the authors being confounded with his own argument . i shall not tell you that therein they sweare to the supremacy , an infinite mysterie of iniquitie ; but the point wherein this oath is really peccant , in all the foul reproaches , wherewith the covenant is falsly loaded , is , that thereby they are bound to defend all iurisdictions , privileges , preheminencies , and authorities granted and belonging to his highnesse , or united to his royal crown : whereby it is clear that they are not only obl●ged positivè to whatsoever priviledges and prerogatives granted and belonging to the king , without the destinction of righteous or unrighteous ; but also without any restriction to their place & callings . now ( not to retort the authours impertinencies , as if this oath did tye all intrants either to know all these things , or to contend for them , blindfold without knowing them ) whe●her this be lawful & righteous , & whether the common people be more knowing in their own liberties and their representatives privileges , or conforming ministers in his majesties sublime prerogatives and extensive iurisdictions , i leave it to every impartial discerner . but 3. what strange hodge podge indeed do we find in this ingagement ! all things spiritual , ecclesiastick , and temporal confounded in the supremacie , is not enough ; but the poor intrant must further abjure all forreign powers and ●urisdictions , swear to defend all his majesties authorities and privileges , acknowledge upon oath , that he holds the church and his possession of it ( if of the king's presentation ) under god , of his majestie , doing homage unto the king ( and not unto god ) for the same ( if at the presentation of another ) under god , by the king , of the patron thereof : and lastly swear obedience to his ordinarie in all lawful things , even his majesties authority , though just now so fully recognosced , not excepted . is not this an odde medly to be hudled up in a sacred oath ? whereof whether every article therein be more impertinent for an intrant minister of the gospel , or in it self more obscure and indistinct , really i can not define ? but the author goes on and tells us that it were ingenuously done to take some notice of any point of moderation , or any thing else commendable even in our enemies , and not to take any partie in the world for the absolute standart and unfailing rule of truth and righteousnesse in all things . and so it were indeed ; but i freely appeal to all ingenuous men , if ever they heard ingenuitie exhorted to , by two such disingenuous insinuations . as first , to recommend the moderation of a partie , who , after that they themselves had perjuriously broken their covenant both to god and their brethren , did in such manner instigat the powers to rigours , exclusions , and persecutions , against all who in conscience did only refuse to owne and countenance their wicked apostasy , as had almost ruined a great part of the kingdom and did at length wearie the very actors . and next to give out as if we were so implicitly wedded to our partie , whereof the least argument or vestige hath not been made appeare , no nor is so much as alledged , but but as al men do sufficiently know these restraints of want of power in the clergie● and of better considerations in our rulers , that have produced the apparent quiet , which is here pretended for moderation ; so , we hope that , by a full manifestation of the truth and righteousnesse of our way , we have in such sort commended our selves to every mans conscience in the sig●t of god , as there to leave this accuser of the brethren convicted and confounded bo●h ●or his open perjury and craft● calumny . but the author , as it seems , fearing such a reply● provided a retr●at , concluding but oh ! who would not long for the shadows of the evening , and ●o b● at rest from all these poor , childish , trifling contest● ? i shall not say , that since he walks so much in darknesse , it is little wonder that he longe for shaddes : but of this i am very certain , that if he had laboured as seriously upon his masters m●ssion , to reconcile souls unto god , as he seemeth to have travelled upon his majesties commission ● to patch up a sinful accommodation , his hope of rest had been both more sweet and more assured ; and , in place of the shadows of ●he evening , he might have promised to himselfe the l●ght inaccessible , for his everlasting refreshment . but seing these very poor , childish● trifling contests , whereby he would cuningly decry all the just oppositions of the faithful to his evil course , are in effect his own devices against the ●ingdome of our lord iesus , the day wherein every man shall receive his own reward , according to his own labour , shall make his work manifest , when the fire shall try it : and i heartily wish that the burning thereof may be all his losse . after the body of one of these letters , we have a postscript that is to say ( for all the longings for rest we just now heard of ) another whife : as we know who once charac●ered the lords servants , when with much travel la●ouring in his work ; and herein the author , complementing wi●h an apology ot●er churches ( joining rome with england as is most supposible ) wh●rein episcopal-government is otherwi●e exercised , wishes that ●he a●gument ad hominem ( as he calls it ) by him used , may be brought to the knowledge of such as know least of it , and need it most . and one part of his wish , i am sure , i have served by a very candid representation ; if the event misgive he must blame himself , his design is to allay mens extreme fervor by the consideration that this very form , which to us is hateful , is to english presbyterians desireable ; and that upon inquiry , the reformed churches abroad will be found ●o be much of the same opinion . but seeing i have already demonstrat our present form , as established and exercised , to be not only meer prelacy , but the very absurd usurpation of t●e supremacy ; and have also at large excepted against ●he fixed presidency of late proposed , and shewed both what the soundest presbyterians in england do think , and all of them ought to think anent it ; why doth our author , by such weak repe●itions , pretend , under the name of ex●reme fervor , to condemn an ave●sion , which alas is in all to remisse ? one thing , i shall only adde , that whatever may be the thoughts of presbyterians in england ● yet , sure i am that , their ingagements in order to scotland are the same with ours ; and what these do import is already sufficiently declared . as for the reformed ch●rches , i neither decline nor use their testimonies : we are fixed on surer foundations ; yet of this i am most perswaded , that as abstracted general questions , are but lame and blind discussions of cases of this nature ; so , whereever our case shall be fully and clearly represented , we shall report the assent of all the lovers of our lord iesus ch●ist 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in incorruptness . but we are told , that per●aps it were not only lawful , but expedient that these , who now govern in ●his church , should in some ins●ances use a little mo●e authori●ie then they do , provided they applied their power ●o advance what is good , and not at all agains● the tru●h , but alwayes for it : and that all things being so far out of course , the present condition of our church ( b● reason of the irreligion and profanitie that are gone forth from its prophets unto the whole land ) doth require an extraordinary remedy i wish the author were as sensible of ●he cause , as he seems to be of the symptomes of the malady ; but to think that the present church-governours , in the conviction of all sober observers , the main , if not the only , authors of this mischief , should be intrusted with the cure ; what more hopelesse , or what more ridiculous ? i grant the cautions subjoined . viz , that they applied their power , alwayes for , and not against the truth , if made effectual , would indeed secure the event : but seing they only promise by supposing it , and consequently are equally doubtful with it , and really such as may recommend the most unwarrantable and improper mean that can be devised , it is evident that this empty probability concludeth nothing : let the pope , or some thing worse , be set up , in the supposition that he do not apply his power to obstruct , but to advance what is good , and not against , but for the truth , no question there would thence arise a consequential expedience and advan●age : but thence to argue for the lawful●esse of such an appointment , were plainly to ranverse all reason and righteousness . as it is therefore from our lords own warrant and blessing , that we are principally to attend the successe of his ordinances ; so , where these cannot be made appear , as in the case of our present church-government , and on the other hand , the ensuing of atheism and profanity cannot be denied , the conclusion , t●at ●hey are to be imputed to the nature of the present establishment , is beyond contradiction . but our author sayes , that ●hese bad fruits ar ra●her to be imputed to the schisme made by withdrawing f●om the government : for there is not a greater enemie in ●he wo●ld to the power of religion , then the wranglings and bitter contentions that are raised about the external forms of it . 't is answered , divisions being in themselves alwayes mutual , yea and separation , in some cases , commanded and necessary , to conclude against the thing in common , that which is only peculiar to a particular species , were grossely to confound the commanded out-coming of the people of god from babylon , with t●e most sinful departing of the worst of hereticks : it is not the●efore separation or withdrawing , in the abstract , but in its complexe causes , conditions & tendency , that we are to regard : he who , in t●e fear of god , out of a desire to keep himself pure , and for a testimony against evil-doers , withdraweth from such as walk disorderly , & from men of corrupt minds destitute of the truth , supposing that gain is godlinesse● doth no lesse obey the will of god , then he who through proud and bitter contention flowing from some carnal principle and design , breaking the unity of the spirit and bond of peace doth wickedly contemn our lord's new commandment of love . now , whether the present prelats & their dependents , who , for perfidious breach of covenant with god & man , invading● and usurping over gods house , and ejecting & persecuting their ●aithful ●rethren , are justly disowned and discountenanced of all good men , or such , who , having no encouragement from either the call , promise , or presence of god , do , in a tender fear not to partake of other mens sins , abstain from the assemblies of these evil doers , be from the former grounds more to be blamed for the present withdrawing let all men judge . but as it is not possession● attained by falshood and violence , that makes a right , and the injurious expeller , and n●t ●he expelled , is , certainly , the sinful and scismatick divider ; so , that the strange perfidy● pride , cruelty , avarice & profanity of the prelats , and their abettors and dependers , professing to be the guids of , yea and having their livelihood and weal●h by religion , and yet for the most part not studying so much as to vail their lewdnesse with a mask of h●pocrisy , have rendred religion it self contemptible , except with a few , who stand at a distance with this horrible thing , is undeniable in its own evidence . as for the enmity of contentions anent external forms to the power of religion , if there be really a worth and singular benefite in such forms & ordinances that our lord hath appointed for subservient means to the great end of the gospel , and as visible & certain a prejudice and evil influence in mens corrupt novations , all-contendings about these matters cannot be implicity censured as bitter wranglings and enmity to the power of religion , without the just accusation of a luke warm indifferency in the high concerns of the gospel : he who judgeth not the purity and liberty of gospel ordinances worthy to be contended for● will hardl● perswade a rational man that ever he will strive for the faith of the gospel . but 2. we heartily renounce and disown all wranglings and bitter contention , it is by the blood of the lamb , and by the word of his patience , & of our testimony , that we hope to overc●me ; if these be accounted contentious , it is but a small share of the lords sufferings , compared to these reproaches of rebellion and sedition , wherewith he● and his followers have been slandered . it is rather my regrete , that , in a time of such backsl●ding● we have not moe saying , from the same reason , with ieremiah , wo is us men of strife , and men of contention to the whole earth but the peevish policy of such , who after that , by perjury , contention and violence , they have imposed and pressed their own forms and inventions , and , by the same practices , seated themselves in the possession of what they designed , do in effect retain the same peremptory rigor , and do only decry contention , that they may mock men from an● just opposition to their courses , doth not merite any further notice : he who calmely , and impartially considers this whole matter wil easily perceive , that it is neither contention , separation , nor division , things in themselves reciprocal● of a middle signification , that are simply to be condemned : but it is from pride , perversnesse , and other evil mixtures and designes , that both their evil and scandal do proceed : and on which side these are to be found● a small reflection may satisfy every inquirer . but now , after all the vehemence we have heard , the author● on purpose to amuse where he cannot prevail , falls a wondering to see wise and good men make so great reckoning of certain metaph●sical exceptions against some li●tle modes and formali●ies of difference in the government , and se● so lit●le value upon so great a thing as is the peace of the church ● ' ●is answered , the redargution , implied in the bosome of this exclamation● doth so palpably occurre , that i cannot dissemble the apos●les obse●vation thereby so obviously suggested , viz. that evil men and seducers waxe worse and worse , deceiving and being deceived ; sor while in their deceivings they tell us , that not only our reasonings are bare metaphysical exceptions , but that even the things contended for are meer words and formalities ; how do they themselves appear to be deceived , who presse the●e very ●ord● & formalities● more then the weightiest affaires in religion ? it being without controversy , that if the argument were equally ballanced , it wou●d begin at home , & by surceassing the pursuit of such vain tris●es , thereby most effectually frustrat the contrary defences : but the truth is , whatever the appearances are , neither are we , nor the author , mistaken upon the matter : a constant fixed praeses on his part , were certainly as little worth all the stir and vexation made about him , as the bishops their insignificant dignities and ceremonies were a cause inferior to the late wars , which they did mostly occasion : and it were a folly insufferable for wise men● so desirous of ease , to set so little value upon so great a thing , as is the peace of both church and state , disturbed by the present episcopacy and this presidencie offered : but seeing it is evident , that the thing designed by this proposal● is a compliance with the present establishment , not only to the relaxing of conscience and the bonds of former ingagements , but to the suppression and extirpation of the true government of gods house , the acknowledging of , and submitting unto the supremacy , more absurdl● contrary to the power and liberty of the gospel , then its instrument prelacy , which we have expresly and particularly abjured , can the author reasonably find fault , if he rencounter in us an opposition commensurat both to the value of the prize , and the measure of his own instance ? if men , for poor perishing interests , do endeavour at so high a rate to introduce their modes and inventions , for no other end imaginable● then that by the contrivance and influence thereof , they may have the gospel ministry and kingdom of our lord still in subjection unto their lusts and pleasures , should not the lovers of gods glory and of their own salvation , the proper and great ends of all christs institutions , more vigourously resist all these their intended corruptions ? i ma● not here stand to discusse the specious and flattering pretensions held out by our adversaries , as if meer subtilties were by us opposed to the solid good of the churches peace : certainly he , who remembereth how , in the ancient times of the church , satan was very cunning to set the mystery of iniquity on foot , from the smallest and least suspicious beginnings , & yet thence , by more sub●ile and metaphysical methods then these which our author undervalued , to carry it on to the very revelation of the man of sin , and withal considereth in our own late experience the meen entrie , as kirk-commissioners and constant moderators , with the suddain elevation and corruption , of king iames his prelats , unlesse he do very supinely misregard the intimation of all present circumstances , specially that of an al-swaying supremacie already regnant , can neither be ignorant of , nor catched by such devices . but the peace of the church is of great value ; thus they , who have troubled and overturned the righteous peace of a wel setled church , are not ashamed to make their possession , attained by wrong and violence , a plea for their security in their evil way ; and after that , by breaking their oath and covenant , & ranversing the lords work and ministry , they have got what the● desired , and used force and compulsion against consciencious nonconformists , until they are wearied , now they come forth to practise by flatteries a few syrens , with charmes of peace , canting in nazianzen's words , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to try if these enticings may be more succesful , and by a strangely comprehensive spirituality both of truth and error , telling us , that when one saith he is for bishops , another i am for presbytery , that we are carnal ; as if the apostles censure of a divisive respect of persons were equally against the discrimination of things which the lord himself hath certainly distinguished : but as , in the competition of peace , the heathens saying , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , might have admonished the author , and seing that that peace is only precious , which is founded in , & designed for truth ; so when it is meerly pretended for procuring a sinful compliance with an evil course , it is but an empty delusion . we know whose practice it was to heal the hurt of the lords people slightly , saying peace , peace , when there was no peace : to pretend for , nay to pursue seriously after peace , without regard to truth , righteousnesse , and reconciliation with god , is only a precipitant error , and lying vision : but he who stands in the counsel of the lord , and causeth his people to hear his words , should turne them from their evil way , and from the evil of their doings : and when the loud and harsh noises of our debates shall be turned into the sweetersound of united mourning and lamenting after the lord , then , and not before , may we looke that the lord will return and cause his face to shine on us , and restore unto us his favour , the fountain and blessing of all other blessings : this is the only way , to shew our selves real supplicants for peace ; & indeed to remove all the obs●ructions that may disappoint its firm enjoyment : nay , this is the mean whereby the sincere seekers of the ●ord , do , even in the midst of tribulation , attain to that superexcelling peace of god , which surely establisheth , and that joy , which no man takes from them . but the author still longing for and hastening to outward peace , not that which the lord left and gave to his followers , exhorteth unto a temper recep●ive of it , and that is , great meeknesse and charity ; and , no doubt , in their right application● these are most beautiful graces : but as they seem here to be proposed , for the preposterous courting of this worlds peace● i feare that they are not only unseasonably recommended , in exclusion of the love of truth and zeal of god , incompatible with the authors evil courses , but , with an extension of charity to rejoyce in iniquity , and meeknesse towards wickednesse beyond their known and just measures . it is true whatsoever party or opinion we follow in this matter , the ba●ge , by which we must be known to be ●ollowers of iesus christ , is ●his , that we love on another ; yet ● must take the l●berty to say , first , that in this point to confound persons and things , on purpose to transfer that love and charitie we owe the former to t●e latter , though never so detestable , is but a silly sophisme . he who rightly estimateth christian love will readily acknowledge , that oftentimes the wounds of a friend may be faithful , when his kisses would prove deceitful next , that though the author would alleviat our present differences , as amounting to no more then opin●ons and humours ; yet i do reall● conceive some of them to be o that import● as to judge a perverse and stated enemy , asserting t●e supremacie to the manifest denyal of christ's kingdom and government in his house , not to merite the privelege of one of his disciples ; nay , that in order to such , david's profession , do not i hate them , o lord , that hate thee ? and , am not i grieved , o lord , with them that rise up against thee ? i hate them with perfect hatred ; i count them mine enemies , may rather become our duty . and thence it is , that although this law of love be in●eed of divine right , & therefore would not be broken by bitter passion and revilings & rooted ha●reds , fo● things in dispute betwixt us ; yet , sure i am , it doth as certainly admit of the foregoing exceptions , as the things questioned are to us without doubt , and only drawn in debate by the perverse disputings of corrupt men : not that i think that , even in matters most certain , bit●er passion , revilings , and rooted hatreds or malice are allowable ; nay , this is rather my authors supposition , and his insinuation , as if we were indeed guilty of these things , is aboundantly obvious . but as i am truly perswaded , that all ●hese are in every case unworthy either of truth or a christian temper ; so i am assured , an impartial discerner will find no lesse of vain contempt & saucy undervaluiug couched in the author 's affected smoothness , then there doth appear of passion in the most impotent railing ; and therefore , if for the rod of pride found in his mouth , i have sometime used a rod for his back ; i hope both its justice and expedience will cleare me of any injury . but he goeth on , however , are we christians ? then doubtlesse the things wherein we agree , are incomparably greater then these wherein we disagree , and therefore , in all reason , should be more powerful to unite us then the other to divide us . thus i have heard that the bishop of glasgow , in answer to a person expressing his fears of the return of popery , told him , what then ? we shall still be christians ; a notable use of christian charity upon the pretext and possession of the name , to give way and countenance to corruptions manifestly tending to the subversion of the thing . but as a real agreement in t●e greater things of christianity would certainly prove an infallible mean of reconciliation to most of our differences , and where it cannot reach the full cure , should neverthelesse still treat and handle with all tendernesse ; so it is without controversy , that , on the otherhand , even the same reality , let be its simulat profession , is so far from perswading to aforbearance or compliance in case of sin , ingredient in incident contests , that it both admitteth dissent , and frequently requireth a contrary testimony and necessary withdrawing as more suteable thereto . but wherefore should i urge such deceitful generals ? must we , of necessity , sinne with all christians , or else divide from them ; or if we unite with them , must we therefore sinne and comply with all their errors and defections ? and now , for a just retortion the aut●or , i hope , by his question , doth imply that we are also christians : nay , 't is like , he denieth not but some of us are christs ministers ; why then are we so hardly dealt with ? why ●jected , banished , imprisoned , and confined ●or disagreeing in things far inferior to t●ese , wherein we agree ; yea in his own acceptation , but modes and formalities ? how will he excuse this inconsequence and inequality ? or doth he think , that ●he vain pretense of authority abused against us● doth preponderat to this his great consid●ration , or that it will be an apology for his so active concurrence . but , after the manner of the conference at pasly , he is not for debate● when it cometh to a reply ; and therefore here restraineth himself with this advice , that if we love either our own or the churches peace , we should most carefully avoid two things , the bestowing of too great zeal upon small things , and too much confidence of opinion upon doubtfull ●hings . but if his own practice may have any more credit then his words , it is easy , according to his acceptation of peace , both to redargue this his advice of falshood , and also to exhibite a more true account of his method : for , as in the small and doub●ful things by him acknowledged , for such , it is most certain , that , on his side , he hath of late shown a greater zeal and confidence , then ever he did heretofore in all the●e strange revelutions , and important occasions of testimony , both against error and profanity , that have hapened in the space of his ministry ; and yet no man doubteth but that he is for his own and the churches peace ; so it is evident that his want of zeal ●or god , together with his compliance with the uppermost power for the time , have been his only advantages . but why trifle i with such a person ? if we love either our own or the churches true peace , let us first love our lord iesus christ ; for he is our peace ; his righteousnesse , ministry and ordinances for these are the means of it : accounting nothing small or doubtful which he hath appointed in order thereunto , and wherein the great ends of the glory of god , and salvation of souls , are visibly concerned . whether the things in controversy be such or not , i need not again affirm it is indeed a mad thing to rush on hard and bol●ly in the da●k , and such a pertinent reflection , in t●e close of the example , which the author hath given us of it , attended with so little application , is an evidence beyond all other confirmation . but he that followeth the lord shall not walk in darknesse . and now the author , for a conclusion of this paper , tells us , and we all know what kind of person it is , of whom solomon sayeth , that he rageth and is confident . and really if i had but the halfe of the authors confidence , i think i could point out the very man. 't is true a weak monastick spirit long habituat to an affected abstraction & stoicisme , may render a man lesse capable of stronger passions , and consequently , for a time , exempt him from these ruder eruptions of rage ; but whether he rage or laugh there is no rest : and if appearances hold according to the influences , which his last promotion seems to have had upon his dormant corruption , 't is like , we may very shortly have a prelatick experiment of both . it is enough for us , that the lord is our light and our strength , and none that love his righteous cause shall ever be assamed . now followes the second paper , or letter , almost of the same strain , and therefore i shall content my self to review it more succinctly . after the author hath excused his not adducing of a positive divine warrant for his moderat episcopacy , by demanding of us the like for our church-assemblies and their subordinations , which i have already fully answered , he bringeth us in , objecting , that we are not against a fixed president or bishop● or whatever else he be called , our question is about their power . and to this he answereth , intreating the question may he so stated● for he trusteth that the bishops shall not be found desirous , to usurp any undue power , but ready rather to aba●e of that powe● which is reasonable , and conform even to primitive episcopacy , then that a schisme should therefore be continued in this church . it is answered , the author is mistaken , in the very entry , in as-much as we do not only question the power , but are directly against the preheminence of a fixed praeses : for seing the thing is in it self unwarrantable , and hath proven in the church , a meer fomentation of pride , and , in its tendency , been inductive of the highest usurpations , as i have shewed , and is therefore by us expresly abjured , how can we in conscience again admit of it ? 2. ( not to examine subtilly and strictly the import of the word power ) seing its fixednesse and its concomitant dignity , that in a great part doth advance this moderatorship , which otherwise would be only an office , unto a superority , and thereto adde an influence of power , is rather a begging of the question ; and therefore though in civils this fixednesse , with its many other prerogatives and powers , be , by reason of the subject matter and expediency of humane affaires , very lawful and allowable ; yet in ecclesiasticks , the very same reason of the different nature of the things , with the constitution of a gospel-ministry , and the contradistinction , which our lord himself hath founded betwixt it and the manner of civil governments , do clearly render this fixed presidency an undue gravam●n , impinging upon the brotherly parity , and just liberty of his ministers . and certainly , if the necessary privileges of the naked office , viz. that of proposing , directing the consultation● stating the question , asking of opinions and votes , and the casting vote , in case of equality , be of such noment in the conduct of affa●res , that all the liberty of the assembly , and unfixedness and accountablenesse of the chairman , are scarce sufficient to secure them from abuse ; to enforce them by a fixation , contrary to the lords appointment of a ministerial parity , is not more unwarrantable then inconvenient . but 3. as these reasons do militat against the controverted presidency in its greatest simplicity ; so the presidency now offered unto us , for all the abatements pretended , being still that of a bishop absolutely at this majesties nomination , not accountable to these over whom he presides , vested with great temporalities● and , lastly● wholly dependent upon the beck of the supremacy , is , without all question , a thing most anti-scriptural , unreasonable , & disconform to all pure antiquity . now , that thus it is● both as to the reality of the thing offered● & the censure i have passed upon it . i here openly challenge the author and all his partakers , if they dare adventure to contradict me : what other construction can therefore be made of the alledged condescendences , then that in such a mixture they are only empty foolish pretensions ? and what other judgment can be given upon the authors offer to abate of his reasonable power , warranted by primitive example , then that the obligation of reason and pure antiquity are no lesse false then the offer made is simulat and elusory . but seing the aut●or , for all the warrants pretended● doth at least acknowledge himself not to be thereby astricted , but that he can come & go in thir matters at his pleasure ; if he do indeed sincerely hate schisme , as he professeth , let h●m also confesse the violence done both to our consciences and persons in such free & arbitrary things , nay , in his dialect , trifles , and repent of his late inconsiderat accession . passing therefore his deluded beliefe of the bishops their not being desirous to usurp any undue power , but rather to abate contrary to their continual practice , & the churches experience , now for the space of 1200 years & upwards ; and evidently repugnant to the manifest conviction of all the circumstances of our case , i go on to his next supposition , viz. that though bishops do stretch their power some what beyond their line , yet , let all the world judge , whether ministers are for that ingaged to leave their stations , and withdraw from these meetings for discipline which themselves approve . and to this the answer is obvious , that neither the sinful thrusting in of bishops , nor yet their excessive stretchin●s are the principal causes of our leaving and withdrawing : when in former times . k. iames intro●uced prelats into this church , and they from time to time extended their usurpations , many of the ●ords faithful servants in these dayes did neit●er desert nor withdraw ; but continuing with much stedfastness , did constantly resist and testify against all the corruptions , then invading the true church-government , whereof they were possessed . but , as the author doth here fallaciously joyn our leaving of our stations ( which is false , we having been thence violently expelled ) and our withdrawing from their meetings , groundlesly alledged to be by us approven ; ( which we hold to be a necessary duty ) so , whoever considereth the manner of the late overturning by summary ejecting of many of us , dissolving all our church assembl●es , establishing a new government , not in , but over , the church by the king and his prelats , wherein we never had any place , will easily be convinced● that we are not more calumniously accused by these , who would have their own crime to be our sin of leaving our stations , then clearly justifiable for withdrawing from these their courts , which are wholly dependent on the supremacy , and very corrupt assemblies , which we never approved ; but have expressly abjured . it is not therefore ( as g. b. apprehends it ) only by reason of the bishops undue assuming of the presidency in these meetings ; nor yet because we are by them restrained in , and debarred from , the exercise of our power in ordination and excommunication ( although these be very material grievances ) that we do abstain from their courts : no ; but the plain truth is , that , over and above the foregoing cause , we hold the very constitution to be so much altered from that of a true eccleasiastick iudicatory , called in our lords name , and acting by his authority , unto meetings appointed meerly by the king , and recognoscing his supremacy , that we judge our not conveening therein ought not to be so much as termed a privative withdrawing ; but that it is in effect a negative disowning of them as of assemblies , wherein we never had either part or place : which being a ground by himself acknowledged , as i ●ave above observed , the doctor 's argument , that the minist●y is a complexe power , and that as some of us have accepted a liberty to preach , administer the sacraments , and exercise discipline congregationally , wi●hout liberty to meet in presbyteries and ordain ; so they may come to ●resbyte●ies , notwithstanding they should be excluded f●om the full ex●ercise of all their power ; is , by reason of the non-existence of the subject , viz. true presbyteries , utterly cut off : besides , that it also labours of a manifest inconsequence ; in asmuch as a minister's doing , in the first case , all that he is permitted , and only forbearing where a vis major doth impede , is no just ground to inferre that therefore , in the second case , he may come to a meeting● and there by surceasing the exercise of his function , and making himself a c●pher , for strengthning & encreasing of the bishops usurpation , in effect , tacitely surrender the power that he is bound to maintain : vvhich tacite surrender i do really iudge to be more strongly implied , a●d of a more sinistruous consequence , then can be purged by a naked protestation , espe●ially the same being precontrived & capitulat ; whereby , without doubt , the significancy of this remedy , mostly commended by the necessity● and as it were the surprisal of the exigent not admitting of any other , is greatly diminished & impaired notwithstanding of all which , this man , whose manner is to multiply assertions without reason , tells ●s , in this place , that , when he hath streached his subtilty on the ●enter-●ooks , he can not devise , why we may not joyn in these meetings under the abovementioned restraint : and againe concludes , that if after all that he hath said , we do still scruple , either we must be darkened , or he must have owls eyes to see clearly where there is no light . but it were endlesse to take notice of all his tatle , and therefore i returne to my author , who proceeds in his charge against many of us for separating from the publict worship and whole communion of of the church , because of some degree of wrong done them , as they think , in that point of power ● it is answered , although to render a solid reason of mens practices , specially when the same are only negative forbearances , whereunto even the forbearers scrupling and doubting doth in a manner and ●or the time oblige , be not my undertaking ; yet , that the accusation here impl●ed is very unjust , both in the extent and cause of the separation objected , is no hard matter to make out . and , first , it is certain that the allegeance , that many of us separate from the publick worship and whole communion of the church , hath no better ground , then that some of us , because of a just detestation of the perjury , intrusion , profanity , and insufficiency of the curats , do withdraw from their ministrie , specially , our true ministers still remaining , though removed to corners , and our attendance on the curats their ministrie being expresly required as a due acknowledgement of , and compliance with , his majesties government eccleastick ( o strange ! ) and civil : now , whether this reason will infer the conclusion made against us , or on the contrary , doth not rather warrant the abstinence , reproached as sinful separation , to be duty , let the impartial judge . i shall not tell you , that ●the assuming of the name of the church , and accusing discountenancers of separation , have been the common artifices , by which every prevailing sect or party have endeavoured to render their opposites odious : but of this i am very assured , that untill the author do prove , that the possession of gods house , which the curats have taken to themselves , and the concurrence of authority , wherewith they are supported , doth make them and their meetings , the only church , his objection of separation is lame and inconcludent . and therefore , seeing that the broken ministry , scattered flocks , and secret meetings of the lords faithful people in this land , are still his true church , both suffering and witnessing against the defection and intrusion of transgressors ; and seing that the forbearance , excepted against , is only the effect of a just and hesitant aversation against the pretended ministery , wi●hout either disproving the substance of the worship , or rejecting and dividing from others that find a greater liberty , his charge of separation is , in this its extent , palpably iniquous . as for the cause assigned for ●ur alledged withdrawing , not from their ecclesiastick courts ( for this point is already discus●ed ) but from the publick worship & church-communion . viz. that it is because of some degree of wrong done us , as we think , in the point of power ; ●oth the known truth of the matter , and what i have already said , do plainly disprove it : the perjury , intrusion , profanity and insufficiency mentioned , can not be in this manner palliate . and i heartly wish , that the author , who labours so much by his extenuation to cloak the apostasy , whereby he and others have rebelled against god , broken the covenant and changed the ordinances , would yet seriously consider , that god will not thus be mocked . i grant there may be cases , wherein we may sufficiently acquit ourselves by a free declaring of our opinion , and a modest desiring and waiting for a redresse , and so continuing in the performance of our own duty , though others do , or seem to transgresse theirs . but as it were ridiculous , to make this a salvo for all cases , and , in effect , it doth only hold , where our silence at another's transgression by breaking that command , thou shalt in any wise rebuke thy brother and not suffer sin upon him , may strengthen the sinners hand , and scandalize others ; so , i have already proven , the insinuation here made of our deserting of our duty , to be such an absurd calumny , and the compliance required of us such a manifest partaking in other mens sins , that i wonder at the author's disingenuity and weaknesse , in attacquing us by such generals . what can be then said to what he subjoines , viz. otherwise if we think our selves obliged for every thing that is , or that we judge , faulty in other persons , or the frame of things in the church , to relinquish either our communion with , or our station in it , what will there be but endlesse swarms of separation and division in any church under the sun . surely this , as to us , must be a very pertinent and convincing reflection ; seing● in the undervaluing sense of any papist , it would as easily redargue all the protestant churches of their separation from rome . but if in certain clear exigences , either of testifying against , or not partaking of , other mens sins , there may be a necessity of a proportional withdrawing , are therefore all measures broken , and must we be held for relinquishers on every occasion ? or because we are violently expressed , must we therefore be repute wil●ul deserters ? who would not pity such dissolute folly ? and yet it is all the concludency of the authors argument , whereb● he would represente us as patronizers of endlesse divisions : but if he minde to deal seriously in this matter , all we desire is , that he would first lay down his rules , that we may know the latitude of his comprehension , and then fairly s●bsume against us , and if i do not unanswerably prove either his excesse in the former , or calumny in the latter then let him glory over us . in the next place , he again essayes to remove the great stick , as he termes it , the covenant , and here waving , forsooth , its irregularities , whereof , notwithstanding their insinuat weight , number and influence , upon such wise and good men as himself , he neither doth adduce , nor can he make out one . and supposing the oath still to be binding , and that the present episcopacy in the church is the same that was abjured , he tells us , that the article against it doth only oblige every man , in his calling and station , to extirpate it ; but not to extirpate themselves out o● their calling and station , if such an episcopacy shall be introduced and continued against their will. 't is answered , not to repete what i have so often declared , anent the present constitution , quite different in its establishment● and many degrees worse then the former , and our obligation by the covenant against it , the whole of this objection is very readily granted : but seing it is notour● that the far greater part of us were at once , by proclamation cast out both of our places , pulpits , and parishes , and that our former church-assemblies , being all at once in the same manner suppressed , we never had any station in these present meetings pretending to the succession , this pitiful quibling , as if we had extirpate our selves , when we was in effect expulsed , i● but a poor and weak mint at wit● altogether insufficient to colour its obvious impertinency . as to what doth here ensue for proving , that the pre●ent episcopal-government is not the same with that which by the covenant we abjured , and concerning the acceptation that it would find in england , i am sure i have considered it at that length , and discussed it upon such evident and certain grounds , as neither the authors reason nor his prejudice , his impartiality nor partiality , with all the patience he wished us , and impatience which he himself often sheweth , will be able satisfyingly to remove● whether then the things mentioned in this place by the author , be indeed truths , as he alledgeth , or grosse errors and mistakes , as i have evinced , and his discerning in them● though the best he hath● sound , or on the contrary a palpable delusion● i willingly leave it to the readers ingenuity . he saith , if they be truths ● he is sure , they are pertinent truths , towards the healing of our sad divisions . ●ut when he shall make as much serious search after the cause , as he seemeth to be sensible of the effects , then i am sure he shall acknowledge them to be not only untruths , but most impertinent . however , if any list to be contentions , he wisheth he could say of this church● we have no such custome . and this wish i confesse , is very consequent to both the authors opinion and design : for , as we have heard him undervalue the ordinance and oath of god , though most convincingly sealed amongst us by the lords power and presence , unto modes and trifles , to the effect he may gain to a compliance , where he can not prevail by his simulat condescendencies ; so , at present , supposing them to be as little material , as the length or shortnesse of the excrementitious hair , he endeavours to enervat all the just opposition of the faithful with the reproach of strange contention . but seing the things that we contend for do really merite that immovable stedfastnesse and constant perseverance , so much commended by our lords command , and the example of all his followers , we hope the custome of perfidious time-serving , which the prelats have so much practised in this distracted church , shall never be able to counterballance it : and therefore as these men have by their vain , carnal and violent contentions , at best for their formalities , but● in effect , for fulfilling their sin●ul lusts and affections , not only dis-edified● but destroyed and subverted the church of god in this land , and disobeyed and disgraced the prince of peace , whom they pretend to follow ; so let us , as the fearers of the god of truth , and true lovers of our lord iesus , who is the truth and also our peace , considering his example , so much the more endure contradiction , despise shame and reproach , fight ●he good fight , keep the faith , and hold fast our integrity , that we may attain unto that crown of righteousnesse , which the lord the righteous iudge shall give at that day unto all that love his appearing . and now remaineth the authors one word , which , he is sure is undeniable , and he thinks very considerable , and it is , that he that cannot joyn with the present frame of this church ( and if yow please to bring the matter nearer , with the termes of the present accommodation ) could not have lived in the communion of the christian church in the time of the first most famous general assembly of it , the conncil of nice ; yea , to go no higher , though safely i might , ( sayes he ) he must as certainly have separated from the whole catholick church in the dayes of the holy bishop and martyr cyprian , upon this very scruple of the government , as novatus did upon another occasion . whence the author doth draw his assurance , and whereon it is that he would have us to bestow our consideration , i wish he had been more explicite : that in the times to which he referres there was an episcopacy well advanced in the church , and consequently a corruption contracted in its government , and yet by all quietly comported with , i do not deny ; and to this , if it should be replied● that there is a hudge disparity betwixt a corruption contracted in lawful government , still holding the head and substance , by our lords authority given to his church , the worst that can be supposed of these primitive times , and a government fundamentally corrupt , deriving all its power from him to whom it doth not belong , and founded in an antichristian ●upremacy , the certain character of the present constitution ; i am confident , the author would not be able to make any satisfying re●urn : but , the true account of the matter is , that in these ancient times , this prostasia having crept in , and from small beginings , and under very specious pretenses , grown up insensibly in the church , and the mystery therein secretly working not having openly disclosed it self , it is little wonder that , though by the more discerning the evill might be feared , yet never the lesse , no remedy offering , it was not directly opposed ; whereas , in our dayes , this latent corruption , with its most pernicious tendency and bitterfruits , being fully discovered , and thereupon by us solemnly ejected and abjured , and now on●● re-obtruded , under the guilding of some apparent condescendencies , the better to suppresse the true government of gods house , which we are bound to preserve , and for establishing the sup●emacy , the very consummation of this iniquity . certainly these things do import a most manifest difference . i shall not here stand to cleare , how that an oath , though taken upon a matter antecedently binding , doth neverthelesse in such manner superinduce a ●urther obligation , as doth not only more strictly bind to vigilance and circumspection , but also to a measure of zeal against defection , beyond the opposition to that same material transgression formerly required : nor need i to put any in minde , how that the sacrificing to the lord in the high places , permitted without reproof to samuel , david , and solomon , before the building of the temple , did afterward make an exception from the integrity of succeeding princes . certainly , to judge that the continuance of an evill , and a relapse into it are of the same nature , and that at this time we may have the same compliance with this episcopal presidency , which once it found in the church , under quite different circumstances , were grossly to confound times , despise warnings , trample upon deliverances , and violate the oath of god , nay further , to contradict even the principles of these times mentioned , and that to that hight , that i am assured , were the same ancient christians , boasted of , on li●e , to see the sad effects that have ensued upon their well-meaning practices , and the patrociny which is thence taken , for the backsliding and overt●rning of our dayes● their godly sorrow would work in them a carefulnesse , a clearing of themselves , an in●ignation , a fear , a vehement desire , a zeal , yea , and a revenge above all the detestation that our author and his followers do commonly calumniat as fury amongst us . and cyprian in place of his particular above cited con●titut● &c. opposed to the then aspiring prela●y , would become a presbyterian of the strictest form : and therefore , though i do not owne these accusations of schism & total breach of communion with the church , wherein the authour is pleased to state and phrase the difference of present practice , from that of the ancient church ; but on the contrary , i have often and plainly declared , that the sin attending the compliance urged is the plain cause and measure of our withdrawing : yet that our abstaining from the present church-meetings , so widely differing from these of the ancient church , and invironed with circumstances no lesse variant , doth not give ground to so much as that seeming opposition in practice , which the author objects ; but on the contrary , is the very same , which all the faithful therein would have chosen , upon the like exigence , i am confident , all true and serious observers will very readily acknowledge ; and consequently that this the authors one and last word , notwithstanding of the enforcing epithets of undeniable and very considerable , wherewith he seconds it , is neverthelesse nothing singular from all the rest premised . having thus largely digressed in the review of these papers , and therein discussed most of the arguments used for this accommodation ; it remains that i follow forth the second article , where i left : and though , for the better reaching of the outmost of our adversaries pretensions , i have supposed prelacy to be thereby reduced to a simple presidency , and , in this sense , argued against it ; yet since it is certain , that the nomination and election of the episcopus praeses , who when present is to preside , and when absent , doth , at best , only permit a precarious suffection , is not to be committed to the presbyteries suffrage , but absolutely reserved to his majesty ; and , next , that the general of , all church-affaires , and what may be meant by management , whether the decision only , when proposed to the assembly , or both the proposing and deciding , do seem to require a further explication . i think the article is further liable to these exceptions . i shall not here repeat , what i have said against the unwarrantablenesse and inevitable prejudice of the abridgement of t●e churches just liberty , in the choise of its moderators , in its several assemblies , and his majesties usurpation in this point ; the thing which i at present note as defective , and which was also much desiderat , is a clear explanation , whether the power and liberty of proposing be aswel offered in this article to the free vote of the meetings , as the power of deciding seems thereby to be conceded ; or whether , according to the scheme of our national synod , as now setled by authority of parliament , the power of proposing is not still to be the privilege of the constant moderator● or rather his majesties prerogative to be exercised by the meer intervention of the fixed praeses as his instrument . i shall not criticize , nor ask how the proposal came to be set down in these terms , that all church-affaires shall he managed in presbyteries & synods by their free vote , rather then thus , that they shall be managed by presbyteries & synods & their free vote . onely this i may affirme , that the second member of my doubt is no lesse probable , & consonant to the tenor and prescript of the act mentioned , then evidently elusory of all the other liberties proposed . but wherefore do i hesitat in these smaller matters● the thing here principally to be observed is , that as , by the present establishment , annexing church power and jurisdiction , to the kings crown and prerogative , and thereby subverting all true church-government , and making the pretended presbyteries and synods only the ●ing and the prelats their pitiful . conventicles , the first article inviting to presbyteries & synods is rendered vain and void , & all its cautions impertinent ; so the supremacy , now more then ever prevalent● is with this second article , and all the offer of liberty therein held out , plainly inconsistent : for proof whereof , i only desire that the two may be impartially compared . the article sayes , that all church-affaires shall be managed in presbyteries or synods by their free vote . and the act of supremacy statutes that his magesty may enact , concerning all meetings and matters ecclesiastick , what in his royal misdome he shall think fit . how then can these two consist ? or in what manner can they be reconciled ? if these meetings and the power of the supremacy were both of the same kinde , and did stand in the same line , i know the subordination of synods and presbyteries to general assemblies might easily explain the difficulty , but seing a subordination of this ●ort betwixt these courts and this high prerogative , would , in effect , distroy their true being and essence ; and , on the other hand , to imagine that by this accommodation , there is any derogation of the supremacy intended so much as to be connived at , were foolish and presumtuous . it is clear that the supremacy , and the liberty here pretended cannot rationally be composed ; if therefore the accommodators would deal uprightly in this affair , let them first shew us where these presbyteries and synods are , to which they would have us to come , and next cause us to understand the tru●h and reality of the just liberty they seem to offer , and then boast of their condescendencies . but while they suppose things for uncontroverted grounds , which are warrantably and plainly by us denied , and then would ingage us by a form of specious concessions , wanting al real foundation , they only discover their own palpable weaknesse or more unpardonnable disingenuity . the third article bears , if any difference fall out in the diocesian synods betwixt any of the members thereof it shall be lawful to appeal to a provincial or their committy . that this provincial is founded upon , and overswayed by the supremacy ; and ther●by manifestly disprovable , as neither a true ecclesiastick-court , nor enjoying any competent measure of power & liberty , is abundantly confirmed by the arguments above adduced against the preceeding articles . the singularites that here occurre are , that the constitution of a provincial assem●ly , being a court not in use amongst us , should have been expresly declared . 2. that if we may guesse at this by vshers reduction , and according to the present establishment , it must consist of members viz. the bishops and deans or constant moderators of the province , both more unwarran●able as to their office , and corrupt in their practices then the ordinary constituents of inferior meetings . 3. that this provincial is to have a committie which being yet very unlawfully established for a perpetual court , can only conduce to the greater strengthening of the archbishop's primacy , and the oversway of the subjected assemblies : but seing the bishop , in his last conference , hath passed from this article , i shall not pursue it any further ; only the gradation here traced of presbyteries , synods , and provincial assemblies moveth me to enquire , wherefore no mention of national assemblies , a court not only the supreme in that scale , but so distinctly defined by a particular act , viz. act 4. 1663. in its members , methods of procedor , and extent of power , that i cannot judge its omission accidental and undesigned ; nay in effect it is a reserve which doth so unquestionably secure the whole interests and designs of prelacy , and so evidently redargue all the proposals made of a trepanning mockery , that as i seriously marvel , how the accommodators , knowing of this ultimate resort , so strongly complicated of all the strength of the supremacy and prelacy , did not extend their other concessions to all things else that could be demurred ; so i am no lesse to seek , wherefore the brethren , who treated , did except so little against it . i need not here exhibite any long description of this court , which i have several times above mentioned : the act is full and plain to the meanest capacity : the king , in the very entry , assumes to himself not the indiction only ( which was all that , after long contendings , the more consistent usurpation of former times did by the act 1612. ascribe unto him ) but the constitution of this national synod , whereby having named and appointed the members and the archbishop of s. andrews for president , with an expresse limitation of the time and place of their meeting to his majesties order , and of the matters to be treated and determined , concerning doctrine , worship , discipline and government , to his royal p●easure , to be signified in write to the president above named . the ●ing , with the advice of the estates , confirmeth the same , as the lawful constitution of our church-assemblies , provided that the king or his commissioner be alwayes present , and that no act or o●der be owned as such , but that which shall be agreed upon by the president and major part of the members , and not contrary to the kings prerogative , or law of the kingdom . and lastly , that no act , matter or cause be debated , consulted , and concluded , but what shall be allowed and confirmed by his majesty or his commissioner for the time . now , i say , this act and constitution still standing & remaining , let any ingenuous person declare singly , what he thinketh all the proposals so long tinckled upon can signify , or what liberty have the dissenting presbyterian brethren , which may not hereby be restrained and rendered ineffectual ? and what abatement is there condescended unto of the exorbitant powers of prelacy , which is not here either formally or virtually repaired ? and , in a word , what good can we expect by any accommodation , which may not by this frame be certainly frustrat and made void . i have not , in this place , noted the strange and palpable usurpations of the supremacie against the lord , and over his church , which this device and project containe● ; because , as , in all the parts and passages of our present establishment , the vestiges of that wickednesse are very conspicuous ; so , it is in this act that they are visible in their highest exaltation . from all which it may very easily be gathered that the bishop's policy , in his silence on this point , was no lesse necessary for the carrying on of his intention , then the reservation of the thing the very colluvies of all corruption of church-government● deriving its influence and perversions unto all inferior and subordinat assemblies , doth render all the other overtures of agreement elufory and insignificant . the fourth article is , that intrants being lawfully presented by the patron and ●●ly tryed by the presbytery , there shall be a day agreed upon by the bishop and presbytery , for their meeting together for their solemn ordination and admission , at which there shall be one appointed to preach , and that it shall be at the parish church where he is to be admitted , except in the case of impossibility , or extreme inconveniency ; and if any difference fall in touching that affair , it shal be referable to the provincial synod , or the committee , as any other matter . this is the article , but there is nothing sound , the very entrie offends ; not that i judge that for the single cause of patronages being restored , and presentations made requisite for intituling to a ●tipend or benefice , intrants ( all other things being plain ) should stand off and may not lawfully enter that way ; no , though patronages be indeed in themselves a heavy grievance , and in their exercise , for the most part , partial and sinful , and upon these grounds , by an expresse act in the year 1649. abolished ; yet to intrants otherwise innocent they are certainly only the greatest injurie . but the thing i except , is , 1. that according to this proposal it seems ministers formerly lawfully called and ordained , and now wrongfully outed , shall have no regresse to the exercise of their ministry , save by this method , which certainly in these circumstances can not but render the pressure far more uneasy . 2. what shall become of patronages pertaining to bishops , and of other churches which are of their patrimony ? certainly this is a point not so far without our line , but at least in a conjunction with the many other things that justly grieve us it may make a part of our regrete . but i proceed to take notice of the manner of ordination here discribed , and passing the trial previously appointed , it is proposed that there shall be a day agreed upon by the bishop and p●esbytery for their meeting together , for the solemn ordination of intrants : by which it is evident , that it is not the vote of the plurality , that in this matter , can make a determination ; no , the bishop and presbytery must both agree to this appointment , the whole presbytery cannot overrule him in it . and here i cannot but observe the cunning slieness of this draught . the bishop in all his discourses and treaties hath still , in this point of ordination , kept himself in the clouds ; to assume to himself the sole power of ordination or a negative voice and part in it is more then all his musty alledgeances , from obscure antiquity , and declining purity , for his fixed presidency , will amount unto ; and to descend to posterior ages of the church , would be of a consequence no lesse dangerous , as to the many corruptions that then were crept in , then the ascending to the prior times of scripture light would prove contrary to this prelatick arrogance . on the other hand , seing both the humor and design of episcopacy ingage him to be principal in the action of ordination , therein to be subject to the determination of the susfrage of the presbytery , is nothing agreeable , and can not be digested . and what variety in his discourses this halting ambiguity hath produced , i leave it to such as have had the opportunity to observe : but now that we have him in write , it is worth our pains to consider the contrivance . we have heard , in the second article , that he is willing that chnrch-matters be managed in presbyteries and synods by the vote of the plurality , a fair insinuation that the matter of ordination shall be in the same manner transacted : and in this article he leaves the trial to the presbytery , consents that , if possible , the ordination be at the parish church , where one shall be appointed to preach , and , lastly , is content differences falling in be referred to the superior courts ; all fair generals . but wherefore no mention who shall be the actual ordainers , whether the bishop and whole presbytery , or the bishop alone in behalfe and as mederator of the presbytery , or the bishop alone as indeed something greater ( whether as in a superior order , or only in a higher degree is but a school nicety ) then either a presbyter , or the presbytery , & to whose office this part doth properly belong ? and , as to these things , though we be left in the dark , yet many palpable indications lead us to feel this last to be the thing designed , against which , if i might now stand to debate , i could show this not only to be contrary to evangelick parity and simplicity and apostolick practice , and destitute even of these pretended testimonies of the next ages for a fixed prostasia ; but that it hath been one of the main impostures of the prelatick spirit , first injuriously to usurpe , and then mysteriously to involve the matter of ordination , that the bishops might have the dignity to be its proper dispensators and the mystery of iniquity be the more thereby advanced . but the point here most remakable is , that apprehending his condescendencies might render him , as being obnoxious to the plurality of voices , of lesse power and influence in this affair , behold how craftily he goeth about to salve his negative , which he may not , for fear of a discovery , plainly owne , and that is , by making the appointment of the day for ordaining to depend on his and the presbyteries joynt agreement , wherein if he please to be a dissenter , it is certain that his not assenting to this circumstance will be of no lesse consequence for his purpose , then if he had reserved unto himself an inhibiting veto , upon the substance of the whole businesse . now , that this power , in what sort soever by him couched and covered , is not to be allowed , his want of any sufficient warrant for it doth aboundantly evince● and further what the scripture and apostolick rule in this affair is , these few considerations may in this place satisfie . 1. that the power of ordinantion is certainly annexed to , & dependent upon , the pastoral charge ; for , seing that the cure committed to the apostles , and by them to succeeding pastors , could not be perpetuat without a succession , the evident reason of the thing it self , with the import of that command , the things that thou hast heard of me , the same commit thou to faithful men , who shall be able to teach others also , do plainly perswade the assertion . 2. as we find in scripture the apostles and others upon occasion by themselves alone ordaining , so whereever a concurrence did offer , we may observe the act to be alwayes joyntly done and administrat ; so we find the twelve joyntly ordaining and laying their hands upon the seven deacons , without any prerogative acclaimed by peter , who yet , if falshoods may be compared , hath more apparent grounds in scripture for his primacy , then can be shewed for the presidency of any bishop . next we have the fraternity of prophets and teachers at antioch sending forth and imposing hands upou barnabas and saul , by a like equall conjunction . 3. it is said of paul and barnabas that they ( in a plural union ) did ordain elders in every church and 4. it is manifest that paul , by reason of his concurrence with other presbyters in the ordination of timothie , doth attribut the same act indifferently to his own hands and , to the hands of the presbytery . which scripture-grounds being joyned to the want of any probable reason for this singularity , and the manifestly woful and sad consequences of this episcopal imparity with the present unquestionable design of bearing down the just liberty and authority of the lord's ministers , in a convenient subserviency to mens lusts and wickednesse , by the stiff and inflexible retaining of this privilege , do , i am confident , make out the eccentrick preheminence acclaimed to be not only in it self unlawfull , but by our solemn oaths to maintain presbytery , and extirpat every thing that shall be found to be contrary to sound doctrine and the power of godlinesse perpetually abjured . seing therefore that this article doth certainly imply this corruption , as i have above declared , that it can have no better acceptance from us , then the preceeding , needeth no further reasoning . as for the other trifling circumstances , whereby the principal thing in it , is endeavoured to be palliat , they do not merite any more speciall inquiry . the fift article is , it is not to be ●oub●ed but the lord commissioner will make good what he offered anent the establishment of presbyteries and synods ; and we trust his grace will procu●e such security to the brethren for declaring their judgment , that they may do it without any hazard in counterveening any law , and that the bishop shall humbly and earnestly recommend this to his grace . this article made up of uncertain assurances , ridiculous trusts , and the bishop's conformable undertaking , is already by me sufficient●y examined , in the very entry of this discourse ; and there told , that what the commissioner did undertake anent the establishment of presbyteries , i did not exactly know ; but if it was that which is reported , viz , that they should be set up as preceeding the 1638. i thought it could contribute not●ing to the removal of our just exceptions . i shall not here offend the reader by a vain repetition ; but seing the grounds formerly laid down are very material , and yet by the most part little adverted to , it will not be amisse that , after the full and plain account i have given of these matters , i again run over them ; and 1. that according to the principles of truth , presbyteries are not founded in any humane establishment , but in the right and authority which our lord hath given unto his church , is our constant perswasion : so that , though the accessory confirmation and countenance of the powers may be of great use to , and no lesse acceptance with the church , yet it is no part of their original right . 2. before the 1638. and even until the year 1661. presbyteries were founded and did continue in this church , not by vertue of any act of ●arliament , whereby they were properly authorized ; but upon the basis of that intrinseck right , which i have already mentioned . thus having conveened and settled themselves shortly after the reformation , they continued their possession uninterrupted until the year 1661. it is true , they obtained the confirmation of king and parliament in the year 1592. as also in the year 1612. many corruptions introduced , and invasions made by the prelats upon the rights and privileges of these assemblies , were b● the same authority , ratified and approven : but as by the latter act their being was not totally dissolved ; so it is not unto the former that they do owe their fundamental establishment . 3. all that can be probably gathered from what is promised , is , that possibly to some such apparent mixture of episcopacy and presbytery , now to be formed , as did result from t●e intrusion of prelats upon presbyteries , before the 1638. the civil s●nction may be interposed : but since now the case is vastly altered , and that in effect , at present , there is not so much as any kinde of true ecclesiastick-government or meeting to be found among the prelats and their dependents ; nay , that all we are to expect is some hodge podge device of supremacy accommodat to its desires , and directly and absolutely subjected to its pretended omnipotency , it is clear and certain , that this mistaken project can aff●rd us no clearing : if any man judge me uncharitable , how glad would i be to be found really in ●he wrong ? but seing it is evident , that the supremacy is rather more and more ascendent , and that there is not the least probability either of its mitigation , or of the rescission of the act for restitution , &c. anno 1662. and yet far lesse the retreating of the proclamation ianuary 1662. dissolving presbyteries , and of their , and their true members reestablishment , all requisite to give the lord commissioner's offer ( if any such was made ) a genuine and satisfactory meaning , why should we preserve an illusive charity to plain and solid ingenuity . but if any man will still contend , the comparing together of the first and second part of this article , i am certain , will prove sufficient to convince the most inflexible opiniaster . in the first part , it is not doubted , but the king's commissioner will make good his offer , viz. to set up presbyteries as before 1638 in the second , it is hoped , that he will procure due security to the brethren in the free declaration of their judgment . but if true presbyteries be rightly restored this security is clearly superfluous ; and if they shall not be restored in that integrity , but by vertue of the supremacy , on which they depend , reduced to the figure of the then model , by authorizing the above mentioned mixture , it is evident , that in place of resolution , we have only an arbitrary politick alteration , a compliance wherewith no declaration & protestation can in any wise purge , as i have already fully proven : and this is indeed one of the reasons , why i termed the bishops trust ridiculous . but yet i confesse there are other causes that do more provoke me to this character , the one is , that it should be imagined , that governours will give an antecedent licence to transgresse lawes , which neverthelesse in all probability they have not the least intention to repeal ; the other is , that the bishop should suppose that a testimony , requisite upon the account of duty , may be either forborn or suspended , for want of an assured immunity ; whereas it is most certain , that whereever faithfulnesse to god doth require our appearance , though in the things that are least , the fear of man , that bringeth a snare , is not to be regarded , much lesse to be therewith ballanced . i acknowledge indeed , that the faint and pusillanimous dealing of some of the brethren , who conferred , in making this their scruple , seems to have drawn from the bishop this insinuat sollution , and i should verily have taken it for a scornful indulgence , if he had not to his hope adjoyned the promise of his humble and earnest intercession . but seing it is to be by all regreted , & we hope shall be by the decliners themselves bitterly mourned for , that being in so just and so good a cause not only called , but in effect openly provoked and bafled to give an answere whith reasons , to the demand made unto them , they did not so sanctify the lord god in their hearts , and with their tongues , as to shew a readinesse thereto with meeknesse and fear , let be to give a testimony for god in such an important exigence , it is evident that this pitiful caveat with the promise annexed are at best but the effects of a carnal condescendence unto a sinful fear . if the lord call for our confession , who ever heard that that , which is its special grace , even the obvious apprehension of hazard , should be its hinderance ? nay , who is man in that case of whom we should be afraid ? but and if the lord require it not , this is certainly a foolish antidote to a vain solicitude . and thus we are arrived at the sixth & last article , that no intrant shall be ingaged to any canonical oath , or subscription unto the bishop ; and that his opinion anent tha● government shall not prejudge him in this , but it shall be free for him to declare . and this is truly the only fair condescendence that of them all hath any thing of a just ease ; but seing it is very inadequat to the main difficulty , and for an apparent liberty of opinion doth certainly tend , according to the late morality of these times , to involve us in many sinful and inconsistent practices , i shall not further urge it . and now having finished the examination of these six articles , & therein , amongst many other empty pretensions , and inextricable ambiguities , rencountered a most cunning & viperous invective against the league and covenant , consisting of the like number , as if it were a meer politick complication of doubts and snares , for the more clear redargution of the authors presumption and malice , i cannot but desire my reader , impartially to consider both , and what , and with what successe boht of us have objected , and , i am confident , that though an al most infinite over proportion of matter for importance , aswel as variety , the greatest diversity of humors , interests , opinions , nay and almost of nations , that ever concurred in one treaty , with the no lesse disproportion of parts and abilities in us , the two antagonists , do every way increase and accumulat the disadvantages on my part ; yet it will appeare , that such is the power and vertue of a righteous cause that where in the attacquing the covenant the authour hath carried back nothing but his own shame and our scorne , the truth , not i , hath , on the other side , dissipated and routed his articles with an entire victory , which if he or any man account vain , or a preposterous triumph , it is only truths confidence , and i do hereby confirm it with a no lesse resolute defiance . hitherto i have examined this overture of accommodation , according to its terms contained in the above-written articles . as for the exceptions that may be made against it from its contrivance , tendency , and circumstances , the inconveniencies that would ensue upon it , and other more remote arguments , they are so easily deduceable from the preceeding grounds , that it were superfluous to prosecute them by any more distinct proposal . that we may therefore , once for all , review and summe up the manifold and manifest evils of this device , not more conceited and boasted of by its contrivers , the servants of men , then deservedly rejected by all the true ministers of our lord iesus christ : notwithstanding of all the specious pretexts and fair smoothings that have been adhibite for triming up this accommodation to an alluring and taking condescendence ; yet , i am perswaded , that who ever seriously ponders what hath been said upon it , will be quickly convinced that the difficulties following do still remain as invincible impediments to all conscientious men . first , that a conjunction with and in the present church meetings , is a certain acknowledgment of , and participation with the present ecclesiastick-government , which in effect is not truly such , but a meer politick constitution wholly dependent upon , and resolving in the supremacy , wherein no faithful minister can take part , secon●ly , that this conjunction doth evidently infer a consent and submission to this supremacy , as arrant an usurpation upon the kingdom of iesus christ in and over his church , as ever did dare the king of ●ings , and lord of lords in any age . thirdly , that though this consent could not be objected , yet such is the present elevation of this all-swaying prerogative , not intended to be depressed , that all other conc●ssions , though in themselves satisfying , would thereby be deprived of any consistent assurance ; and rendered wholly elusory . and really , when i reflect upon these particulars , i cannot forbear to ask , with what conscience can ministers rather partake in church-meetings framed by , and under the power of the supremacy , then if the bishops were therein still to domineer after the rate of the highest prelacy ? or what delusion can be more ridiculous , then that men excepting against meetings , because of the bishops usurpation therein , should upon the vacating and reassuming of this power by the king as supreme , be thereby entised unto a compliance . but , fourthly , as these meetings are founded upon , and absolutely subjected unto the supremacy ; so the often cited proclamation , and act of res●itution tell us , that they are authorized and ordered by the archbishop and bishop ; and consequently do in such manner derive their authority from them , that the members do only act therein as the bishops their delegates , or rather as the subdelegates of his majesties delegates , a strange accumulation of absurdities , which , i am certain , this constitution standing , cannot be salved by any overture whatsomever . fifthly , the meetings , whereunto we are invited , do consist of ●uch members for their perjurious intrusion , and canonical servitude ( to say nothing of their more extrinseck delinquencies of profanity , insufficiency , and irreligion ) as may not only warrant a non-conjunction , but a positive separation . and certainly if the lower degree of these crimes , in the time of the former bi●hops , did even , under that different constitution , offend some of the lords faithful servants to an abhorrent with drawing , how much more should their brimful measures in our dayes , with the duty of a testimony , which our covenant , and mens unparalleled backslidings , do now require , justify our detestation ? it is true g. b. tells us that under this there may be a fear in us , that we shall not carry things as we would , which he thinks , is very little suitable to the patience we p●ead for : but really , so long as our will is moved and directed by the rules , and in order to the ends , which our lord hath appointed to these courts , i see not how this fear can be condemned , as either ambitious , or disagreeable to our principles . sixtly , notwithstanding of any thing conceded by the articles , and over and above all that hath been said against an ep●scopus praeses , even in the most moderate acceptation , the ●i●hop as offered to be reduced , is repugnant both to scripture , purer antiquity , and our solemn oaths and ingagements , inconsistent with he principles of presbytery , and in effect very little lowed from any of these powers and hights which he acclaimes , in asmuch as he is still at the king's nomination and not subject to either the censure or control of the meetings , over which he doth preside . 2. he retaineth all his vain and absurd temporalities . 3. as constant moderator the power of proposing and the method of handling and voting any matter controverted , with the care and direction of the execution of any sentence pronounced , pertaineth to him solely . 4. for any thing as yet declared , the bishop must have at least a more eminent power and suffrage , in the matter of ordination and excommunication : and , in this point , not only the articles are most suspitio●sly reserved and obscure , but if we take notice of the accomodators their other discourses and writings , we have little reason to doubt that the power of both is to abide with him , as it was established by the act 1612. and observed before 1638. so that , in my opinion , all the ease offered by the accomodation may be very quickly calculat ; and in a word amounts to this only , that where now these meetings , do by a precarious tolerance consult and determine in lesser matters , and in things more weighty , do rather prepare and ripen to the bishop's decision , who also ordaines and censures with very little ceremony , by this treatie and its articles , over and above the wretched salvo of a pactioned and contrariant protestation , this tolerance is to be changed into a more assured liberty , as to the bishop , but every whit as dependent upon the king as supreme ; and the acts of ordination and excommunication are to be passed and performed , more publickly and with greater solemnity . which observation , i must confesse , is to me so obvious , that it hath been alwayes attended with no lesse perswasion , that if the bishop did not judge our consciences as peevish and fickle , as he asteemeth the matters in difference frivolous and empty trifles , he would not have this risced his own reputation , in all the business and stir he hath made about such a nothing of condescendence . of which i am the more confirmed , that though the papers which i have discus●ed were by the bishop acknowledged to have been written some years ago , and do all along conclude a conformity to the present establishment ; yet the bishop very justly , though imprudently , supposing the case to be still the same , hath made much use of them of late without the least alteration to ingage us unto the terms of his new agreement . seventhly , this accommodation utterly disowns & cuts off the ruling elder , an officer not only clearly warranted from scripture and the nature of the churches constitution , and singularly commended by his usefulness ; but in some respect countenanced even by the mixtures we see in his masters ecclesiastick commission . eightly , the terms offered being proposed with this expresse condition , ( episcopacy being alwayes preserved ) and in effect so fully retaining the substance of all the corruptions and grievances of that model and frame , by us very solemnly and often abjured both by the national and the solemn league and covenant , to close and comply therewith were , at least , to desert the lords cause , by casting away the word of his patience in this hour of temptation● and to give our selves to that detestable indifferency and neutrality , which we have by oath so enixly renounced . ninthly , the embracing of this pretended coalition , but real suppression of presbyterian government● would not only be a total surrender of that interest unto the will of its adversaries ; but ingage us into snares contests , offences , and temptations , that may be better foreseen then they can be numbred , let be prevented . the authors propone peace , as the scope of their overture , and yet they know , nay do expresly provide a liberty for the differences and protestations , that must necessarily ensue : what a strange method have we here of composing strife , neither by removing the grounds , nor separating the parties ; but plainly , by joyning them in their declared opposition and sworne contrary endeavours , of the one to mantain , and the other to extirpat , to exasperate the feuds ? and is not this one reflection sufficient to redargue the insincerity of this whole project , and to informe all men , that it is not union , but the very extinction of presbytery that is thereby designed ? i shall not here note , that the brethren , being once brought in to these meetings , where there will be infallibly , no less discord then inequality , it is not to be doubted , but the hatred , envie and jealousies of the stronger against the weaker would in this juncture , so fertile of occasions , soon procure the latter to be deposed and ejected . and that by a power , which they could not so well disowne . but this , i am sure , would in that event fall out so acceptablie to the patient , that i shall not , at present● reckon it as an inconvenience . the evills more to be considered are , that as no conscientious man can rationally hold out the smallest benefite or use of edification , that can arise to the church of christ by this so heterogenious , distracted , and unequal association ; so , what can be thence expected , except either the temptation of continual heats , sorrowes and offences , or rather , according to the present too visible decay , the cooling of zeal , the declining to luke warmness , the ensnaring of consciences , con●iving at corrupt acts and practices , the partaking of other mens sins , and the evill example , stumbling and grief , that will thereon redound to all the fearers of god and lovers of his righteous cause . i do not here make mention of the offence of the people , as some do , who use it as an argument , yea their main one , that this accommodation being displeasing by provoking them to withdraw from such as close with it would defeat its own design . no , if the thing be righteous and otherwise expedient , to indulge to humors is indeed a vain popularitie : and i am heartily sorry , that good men , in so good a cause , should have bewrayed so great weakness , as by insinuating a false charge of humor against the people , to have not only discovered their own pusillanimitie , but furnished the adversarie with so faire and plausible an advantage . but leaving them , in this point , to . g. b' s correction , and him also to his vain illusion , as if herein he had overcome a great part of our strength , the offence , that i fear , & prognostick from a compliance with this accommodation , is quite of another nature , viz. that now , in this baksliding time , such a bad and influencing example may be of dangerous consequence to remove them from their stedfastness . and how tender of the soul concernment of the brethren , and fearful of that wo , which even he who is the blessing of all nations hath denounced against them , by whom offences come , every sincere christ an ought in this point , to be , i hope all interested will seriou●ly consider . but now it is full time to conclude . and therefore i say , that ●eeing the termes of this accommodation are ambiguous , defective and sin●ul , its designe and tendency most pernicious to the true government of gods house , and the kingdom of iesus christ , and its whole fabrick and frame , to the conviction of all discerning men , only forged out by necessity and policy , and smoothed by delusion and hypocrisy , on purpose to catch a small remnant of the lords faithful ministers , witnesses against the present backslidings & thereby , if possible , for ever to suppresse the restoring of the work of god in the land , i judge it ought to be rejected as a vain ensnaring invention : so that , although the hatchers should be thereby wrathfully irritat , & this cockatrice egg should break out into a viper ; yet better it be crushed for our suffering , then sinfully eaten to our death & destruction . the reproches of ungovernable and unpeacable may indeed be bitter unto ingenuous spirits , let be sincere lovers of the prince of peace , and the persecution of men may possibly proceed to afflict and vexe : but seing that , through sathan and the world their known enmity against the lord and all his followers , these things are , in place of the opprobry , become rather the badge of truth , only let our conversation be as becometh the gospel , and let us stand fast in one spirit with one minde striving together for the pure ordinances of gods house once given unto us , nothing terrefied by our adversaries , which is to them an evident token of perdition , but to us of salvation and that of god : for unto the fai●hful it is given in the behalfe of christ , not only to believe on him , but also to suffer for his sake . there is , i confesse , one temptation , which doth more speciously insinuate , and that is , the losse of the liberty of the gospel , which men may possibly , in their displeasure , abridge or totally take from us : but as this solicitude is not more praise worthy , when devolved on our lord and master , then subtilly deceitful , when its application is , spare thy self , so let none of these things move us , neither let us reckon our lives dear unto our selves , so that we may finish our course with joy , and the ministry , which we have received of the lord iesus . let therefore truth , simplicity and godly sincerity be our main study , and faith & entire submission our only establishment , knowing , and on this resting , that not only his peace here shall be our portion and the end everlasting life : but that god can as easily of our ashes raise up ministers to himselfe , as of stones children to abraham . and that he who hath glorified his name , will glorifie it again . amen . finis . the copy of two letters , commonly repute to have been written by the bishop of dumblane , at least by him communicat to several friends . the first letter . sir , in the late conference i had with your friend , the sum of what i said was this . 1. that episcopal-government , managed in conjunction with presbyters in presbyteries and synods , is not contrary either to the rule of scripture , or the example of the primitive church , but most agreeable to both . 2. yea , it is not contrary to that very covenant , which is pretended by so many as the maine , if not the only reason of their scrupling : and for their sakes it is necessary to adde this . for notwithstanding the many irregularities both in the matter and forme of that covenant , and the illegal and violent wayes of pressing and prosecuting of it , yet to them who remain under the conscience of its full force and obligation , and in that seem invincibly perswaded , it is certainly most pertinent , if it be true , to declare the consistence of the present government even with that obligation . and as both these assertions , i believe upon the exactest ( if impartial and impassionat ) inquirie , will be found to be in themselves true ; so they are owned by the generality of the presbyterians in england ; as themselves have published their opinion in print under this title , two papers of proposals humblie presented to his majestie by the reverend ministers of the presbyterian perswasion , printed at london anno 1661. besides other passages in these papers to the same purpose , page 11 , and 12. are these words , and as these are our general ends and motives , so we are induced to insist upon the form of a synodical government , conjunct with a fixed presidency or episcopacy , for these reasons . 1. we have reason to believe that no other termes will be so generally agreed on , &c. 2. it being agreeable to the scripture & primitive government , is likeliest to be the way of a more universal concord , if ever the churches on earth arrive to such a blessing ; however it will be most acceptable to god , and well informed consciences . . 3. it will promote the practice of discipline & godliness without disorder , and promote order without hindering discipline and godliness . 4. and it is not to be silenced ( though in some respect we are loath to menton it ) that it will save the nation from the violation of their solemn vow and covenant , without wronging the church at all , or breaking any other oath , &c. and a little after they add , that the prelacie disclaimed in that covenant , was the ingrossing o● the sole power of ordination and iurisdiction , & exercising of the whole discipline absolutly by bishops themselves and there delegates , chancellors , surrogates , and officials , &c. excluding wholly the pastors of particular churches from all share in it . and there is one of prime note amongst them , who , in a large treatise of church-government , doth clearly evince , that this was the minde both of the parliament of england , and of the assemblie of divines at vvestminster , as they themselves did expresly declare it , in the admitting of the covenant , that they understand it not to be against all episcopacy , but only against the particular frame , as it is worded in the article it selfe : for our principal model in england , and the way of managing of it , whatsoever is amisse ( and it can be no wrong to make that supposition concerning any church on earth ) or whatsoever they apprehend to be amisse , though it may be upon mistake , the brethren that are dissatisfied , had possiblely better acquitted their dutie by free admonitions and significations of their own sense in all things , then by leaving of their station , which is the one thing that hath made the breach ( i fear ) very hard to cure , and in humane appearance near to incureable : but there is much charity due to them , as following the dictat of their own conscience ; and they owe , and , i hope , pay the same back again to these that do the same in another way ; & whatsoever may be the readiest & happiest way of reuniting those that are mutually so minded , the lord reveal it to them in due time . this one word i shall add , that this difference should arise to so great a hight , may seem somewhat strange to a●y man that calmely considers , that there is in this church no change at all , neither in the doctrine nor worship , no nor in the substance of the discipline it selfe : but when it falls on matters easily inflamable , how little a spark , how great a fire will it kindle ? because every on hath not the book i have transcribed here mr baxter's own words . baxt. of church government . 3. p. c. 1. p. 276. an episcopacy desireable for the ref●rmation and peace of the churches . a fixt president durante vitâ , p. 297. p. 330. but some will say , vve are ingaged against all prelacie by covenant , and therefore cannot yeeld to so much as you do without perjurie . ans. that this is utterly untrue , i thus demonstrate . 1. vvhen that covenant was presented to the assemblie with the bare name of prelacy joyned to poperie , many grave and reverend divines desired that the word prelacie might be explained , because it was not all episcopacie they were against , and thereupon the following concatenation in the parenthesis was given by way of explication in these words . that is church government by arch bishops , bishops , there chancellors and commissaries , deans and chapters , arch deans , and all the other ecclesiastical officers depending on that hyerarchie . by which it appears , that it was only the english hierarchie , or frame that vvas covenanted against , and that which vvas then existent , that vvas taken dovvn . 2. vvhen the house of lords took the covenant , mr thomas coleman , that gave it them , did so explain it , and professe that it vvas not their intent to covenant against all episcopacy , and upon this explication it vvas taken ; and certainly the parliament vvas most capable of giving the due sense of it , because it vvas they that did impose it . 3. and it could not be all episcopacy that vvas excluded , because , a parochial episcopacy vvas at the same time used and approved commonly here in england . 4. and in scotland they had used the help of visiters for the reformation of their churches , committing the care of a countrey , or circuit to some one man , vvhich vvas as high a sort of episcopacy , at least as any i am pleading for . besides that they had moderators in all their synods , vvhich vvere temporarie bishops . 5. also the chief divines o● the late assemblie at westminster , that recommended that covenant to the nations , have professed there ovvn judgements for such a moderat episcopacy as i am here defending , and therefore never intended the exclusion of this by covenant . after he adds , as vve have prelacie to bevvar of , so vve have the contrarie extream to avoid , and the churches peace ( if it may be ) to procure ; and as we must not take down the ministry , least it prepare men for episcopacie ; so neither must we be against any profitable exercise of the ministrie , or desireable order amongst them for fear of introducing prelacy . thus far baxter's own words . there is another that hath write a treatis● on purpose , & that zealous & strict enough , touching the obligation of the league and covenant under the name of theophilus timorcus . and yet therein it is expresly asserted , that however , at first , it might appear , that the parliament had renounced all episcopacy , yet upon exacter inquirie , is was evident to the author , that , that very scruple was made by some members in parliament , and resolved ( with the consent of their brethren in scotland ) that the covenant was only intended against prelacie , as then it was in being in england , leaving a latitude for episcopacy , &c. it would be noted , that when that covenant was framed , there was no episcopacie at all in being in scotland , but in england only ; so that the extirpation of that frame only could then be meant and intended . likewise it would be considered , that though there is in scotland at present the name of dean , and chapter , and commissaries , yet that none of t●ose at all do exerce any part of the discipline under that name , neither any other as chancellor or surrogat &c. by delegation from bishops , with a total exclusion of the community of presbyters from all power and share in it , which is the great point of difference betwixt that model and this with us , and imports so much as to the main of discipline . i do not deny , that the generalitie of the people , yea even of ministers in scotland , when they took the covenant might likewise understand that article , as against all episcopacy whatsoever , even the most moderat , especially if it should be restored under the expresse name of bishops and archbishops , never considering how different the nature , and model , and way o● exercising it may be , though under the same names , and that the due regulating of the thing is much more to be regarded , then either the retaining or altering of the name . but though they did not then consider any such thing , yet certainly it concernes them now to consider it , when it is represented to them , that not only the words of the oath it selfe do very genuinly consist with such a qualified & distinctive sense , but that the very composers or impo●ers of it , or a considerable part of them , did so understand and intend it . and unless they make it appear , that the episcopacy novv in question vvith us in scotland is either contrarie to the vvord , or to that mitigated sense of their ovvn oath , it vvould seem more suitable to christian charitie & moderation , rather to yeeld to it as tolerable , at least , then to continue so inflexibly fast to their first mistakes and excessive zeal , as for love of it to divide from their church , and break the bond of peace . it may likevvise be granted , that some learned men in england , vvho refused to take the covenant , did possiblie except against that article of it , as signifying the total renounciation and abolition of all episcopacie ; and seeing that vvas the real event and consequent of it , aud they having many other strong and vveightie reasons for refusing it , it is no vvonder that they vvere little curious to enquire vvhat past amongst the contrivers of it , and vvhat distinction or different senses either the vvords of that article might admit , or those contrivers might intend by them . and the truth is , that besides many other evils , the iniquitie and unhappiness of such oaths and covenants lies much in this , that , being commonly framed by persons that , even amongst themselves , are not ●ully of one minde , but have there different opinions and interests to serve ( and it vvas so even in this ) they are commonly patched up of so many several articles & clauses , & those too o● so versatile & ambiguous termes , that they prove most vvretched snares , thickets of briars & thornes to the consciences of those that are ingaged in them , & matter of endless contentions & disputs amongst them about the true sense and intendment , & the tye & obligements of those doubtful clauses , especially in some such alterations & revolutions of affaires as alvvayes may , & often do , even vvithin fevv years follovv after them ; for the models and productions of such devices are not usually long liv'd . and vvhatsoever may be said for their excuse in whole or in part , who , in yeeldance to the power that press'd it , and the general opinion of this church at that time , did take that covenant in the most moderate & least schismatical sense that the termes can admit ; yet i know not what can be said to clear them of a very great sin , that not only framed such an engine , but violently imposed it upon all rankes of men , not ministers & other publick persons only , but the whole bodie & community of the people , thereby ingaging such droves of poor ignorant persons , to they know not what , & , to speak freely , to such a hodge podge of various concernments , religious and civil , as church-discipline and government , the priviledges of parliament and liberties of subjects , & condigne punishment of malignants , things hard enough for the wisest and learnedest to draw the just lines of , and to give plain definitions and decisions of them , & therefore certainly as far off from the reach of poor countrey peoples understanding , as from the true interest of their souls ; & yet to tye them by a religious and sacred oath either to know all these , or to contend for them blindfold without knowing them , can there be instanced a greater oppression and tyrannie over consciences then this ? certainly they that now governe in this church cannot be charged with any thing near or like unto it ; for whatsoever they require of intrants to the ministrie , they require neither subscriptions nor oaths of ministers alreadie entered , and far less of the whole bodie of the people ; and it were ingenuously done to take some notice of any point of moderation , or whatsoever els is really commendable even in those we account our greatest enemies , & not to take any part in the world for the absolute standard and unfailing rule of truth and righteousness in all things . but oh who would not long for the shadowes of the evening , and to be at rest from all these poor childish triffling contests . post-script . whatsoever was the occasion of copying out the passages cited in this paper , & of adding these few thoughts that then occurred touching that subject , i would have neither of them understode as intended any way to reflect upon or judge other churches where this government is otherwise exercised ; but what is here said is only argumentum ad hominem , & particularly adapted to the persons , and notions , and scruples we have to do withal in this church . and though this is de figned to come to very few hands , yet i wish that what is here represented were by some better way brought to the notice of such as know least of it and need it most● that if it be posfible , their extream fervor might be somewhat allayed by this consideration , that this very form of government , which is so hateful to them , is by the presbyterians of the neighbour kingdome accounted a thing , not only tolerable , but desireable : and i might add , that , upon due enquiry , the reformed churches abroad will be found in a great part much of the same opinion ; yea , i am not affrayed to say yet further , that i think there is good reason to believe , that it were not only lawfull for these that now governe in this church but , if prejudice hindered not , might prove expedient and useful for the good of the church it self , that they did use in some instances a little more authoritie nor they do , and yet might still be very far off from proud and tyrannical domination , never applying their power to obstruct what is good , but to advance it , and not at all against the truth , but alwayes for it , and while they do so , the atheisme and profanness that abounds cannot reasonablie be imputed to the nature of the government , as too commonly it is by some , but rather to the schisme that is made by withdrawing and dividing from it : for there is not a greater enemie in the world to the power of religion then the wranglings and bitter contentions that are caused about the external formes of it . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as nazianzen pathetically begins one of his orations for peace . i confess i have sometime wondered to see some wise and good men , after all that can be said to them , make so great reckoning of certain metaphysical exceptions against fome little words & formalities of difference in the government , and set so little a value upon so great a thing as is the peace of the church . oh when shall the loud and harsh noises of our debates be turned to the sweeter sound of united prayers for this blessed peace , that we might cry with one heart and voice to the god of peace , who alone can give it , pacem te poscimus omnes : and if we be real supplicants for it , we would bewar of being the disappointers of our own desires , and of obstructing the blessing we pray for , and therefore would mainly study a temper receptive of it , and that is great meekness and charitie , and certainly whatsoever partie or opinion we follow in this matter , the badge by which we must be known to be followers of iesus christ is this , that we love one another , and that law unquestionably is of divine right , and therefore would not be broken by bitter passion and revilings , and rooted hatreds one against another for things about which the right is in dispute betwixt us ; and however that be , are we christians ? then doubtless the things wherein we agree are incomparablely greater then these wherein we disagree , and therefore in all reason should he more powerful to unite us , then the other to divide us . but to restrain my selfe , and stop here , if we love both our own and the churches peace , there be two things i conceive we should most carefully avoide , the bestowing of too great zeal upon small things , and too much fidence of opinion upon doubtful things : it is a mad thing to rush on hard and boldly in the darke , and we all know what kind of person it is of whom solomon sayes , that he rages and is confident . the second letter . sir , the question betwixt us , is not concerning bishops governing absolutely by themselves and their delegates , but concerning bishops governing in conjunction with presbyters in presbyteries and synods of which vve affirme . that it is neither contrary to the scriptures , nor the example of the primitive church , but must agreeable to both : if any think othervvayes , let them produce their evidences of scripture and antiquity . if they say , it is not enough to make such a forme lavvful , that it is not contrary to scripture , but there ought to be an expresse command or rule in scripture to vvarrand it , they vvill sure be so just , as to be subject to the same lavv themselves . let them then produce such an express command or rule for their ovvn model of kirk-sessions , presbyteries , synods provincial & national , and a commission of the kirk in their several dependences and subordinations for the ordinary and constant gov●rnm●nt and exercise of discipline in the church , and the neces●ary changing of the moderators in these meetings , excepting only that of the ki●k-session , vvherein the minister is constanly to moderat ; for vvithout such an express rule as this , a bishop or fixed pr●sident may very vvel consist vvith that vvhole from they contend for ; and it is really and actually so at this present in this church , and they stand so much the rather obliged to bring a clear command for these iudicatories , and their subordinations , because they affirme them to be of unquestionable divine right , and the very kingdome of christ upon earth , and the only lavv●ul and absolutely necessary government of the christian church , vvh●reas the asserters of other forms do not usu●lly speak so big . if they shall say , they are not against a fixed pr●sident or bishop , or call him vvhat you vvill ( for to contest about names , ●specially in so grave a matter , is trivial and childish ) but that the question is about their povv●r , then vve beg that it may be so . let that be all the question betvvixt us , and then vve hope the controversie vvill be quickly ended ; for vve trust vve shall be found not at all desireous to usurpe or effect any undue povver , but rather to abate of that povver vvhich is reasonable and conforme even to primitive episcopacie , then that a schisme should continue in this church upon that score . but be it supposed , that bisbops do stretch their power somewhat beyond their line , let all the world judge , whether ministers are for that ingaged to leave their station and vvithdravv from those meetings of the church , vvhich themselves approve of , for the exercise of discipline , yea and ( as many of them have done ) to separate from the publick worship , and vvhole communion of the church , because of some degree of vvrong done them ( as they think ) in that point of povver , or vvether they had not sufficiently acquitted themselves , and discharged there consciences by free declaring of their opinion concerning that matter , & modestly desiring the redress of it ; & patiently waiting for it , though it be not presently redress'd , & continuing in the performance of their own duty to their power , though others above them , or about them , do transgress theirs , or seem at least to them to do so ; otherwise if we think our selves obliged for every thing that is , or that vve judge faulty in other persons , or in the frame of things , to relinquish either the communion of it , or our station in it , vvhat vvill there be but endless svvarmes of separations and divisions in any church under the sun. but there is one thing in this business of ours that stickes after all the rest . the covenant . as to that , waving all the irregularities of it , though so many and so great , that in the judgement of diverse , both wise and good men , they seem to annul the obligation of it , suppose it still to bind all that took it , and suppose likewise , that the present episcopacy in this church is that same that was abjured in that covenant ; yet the article relating thereto obliges each one only to this , to endeavour whithin there calling and station , if such an episcopacy shall be introduced and continued against their will. but the truth is , if men would have the patience to enquire into it , and consider the thing without p●ejudice and partialitie , this our episcopacy will be found , not to be the same with that abjured in that covenant : for that is the government of bishops and archbishops absolutely by themselves and their delegates , chancellors , archdeacons , officials , &c. as it is exprest in the very words of the article , and was on purpose so exprest , to difference that frame from other formes of episcopacy● and particularlie from that which is exercised by bishops jointly with presbyters in presbyteries and synods , and that is it which is now used in this church . and that the presbyterians in england do generally take notice of this difference , and to that degree , as to account the one model contrary to the covenant , and the other , not contrary to it , b●t very well agreeing with it , is a thing that none can deny , nor any that uses diligence to enquire can be ignorant of , for it is clear in diverse treatises extant in print . these things , to my best discerning , are truths ; and if they be indeed so , i am sure are pertinent truths , toward the healing of our sad divisions ; but if any like to be contentious , i wish i could say of this church , we have no such custome : but this certainly may be said , that there is no custom doth more disedifie the churches of god , and less become the followers of the prince of peace . i shall only add on word which i am sure is undenyable , and i think is ve●y considerable , that he that cannot joyne with the present frame of this chu●ch , could not have lived in the communion of the christian church in ●he time of the first most famous general assembly of it , the councel of nice , yea ( to go no higher up , ●ho●gh safely i might ) he must as certainly have separated from the whole catholick chur●h in the dayes of the holy bishop and martyr cyprian upon this ve●y scruple of the government , as novatus did upon another occasion . an appendix in answer to a narrative of the issue of the treaty anent accommodation . since the finishing of these sheets , i have seen a narrative of the last passage a●d issue of this treatie for accommodation , which again ingageth me to take my pen. and in this discourse , the author ( and 't is like one of the two , whom i have already rencountered ) premising the articles that we have heard , exhibiteth the words , and manner of the brethrens refusal to close therewith , and then resumeth the accommodators their arguments , concluding with a short additional reflecction , upon both our covenants . and as for the first part , touching the brethrens refusal and their declining to give in their reasons , or to debate the matter without an express command , i do neither contradict nor apologize . only of this i am assured , that whatever influence , the manifold transgressions and mightie sins of the present times , the intractableness of adversaries , or the hopeless self-conceit of the party with whom they dealt , might have had upon their prudence to keep silence ; yet neither can a cause , so righteous and evident , be there throw justly prejudged , nor will the duty of a testimony , for god and his truth in so cleare on exigent , be thereby satisfied . the arguments by the author resumed , are little or nothing different from these , that i have already discussed , and when i come to re-examine them , i shall take them rather as they shall fall in then as they lye . but seeing that both the strain of this paper , and certain other grounds of conjecture , do probably in●inuat , that the accommodators , rather then to fail of a designe so advantageous , may possibly abate their termes , to the most taking condescendence , and make all the stress of the controversie , to fall upon the lawfulness or unlawfulness of a fixed praeses , it will not be amisse , that for the better defeating of this contrivance , we resume the question ; & supposing this president to be both eligible & deposible by the very meetings over which he presides , and vvaving all o●her singularities , inquire a little more accuratly into the nature of his office , and vvherein its differences from an ambulatory moderator do precisely consist . and first vve may observe in general , that although there be nothing more frequent in the mouths of our opposits , then in the pursuance of their present purpose , to undervalue the difference inquired into , unto the almost nothing of a formaliti● , depending meerly upon the diversity of the periods of the two moderators their duration ; yet in other cases of the like nature , wherein they , or any persons els , do conceive themselves to be concerned , what co●tra●ie contendings and reasonings doth a little inte●●st elicit ? i need not alledge parti●ular ins●ances , he who seriouslie considereth , how that there is no court , society , or incorporation so meen , whereof the members , upon the alteration of their priviledge , either by usurpation among themselves , or by extrins●ck imposing of others , from a chair-man freelie elected during pleasure , unto a praeses fixed ad vitam , would not complain of a great and material innovation , will in the matter of courts institute by god and not by man , and that in order to things of an everlasting consequence , be easily satisfied , either of the delusion , or more hurtful designe of the former pretense ; so that a man may well conclude that it is because , that neither the great autho● , nor the principal ends of these meetings , are duely regarded , that therefo●e the ordinances themselves , are accordingly slighted . 2. i observe , that the origen and warrant of a moderator in church-meetings , is not from any particular positive scripture-precept or rule given anent●● ; but being a thing by clear evidence , necessary for the concerne of order , and the right expeding of affaires , its immedi●t rise , comes to be referred to the common providence of reason , and is only reductivè , and in s● far of divine institution , as the courts whereunto the office belongeth , are founded upon that authoritie , and do require this moderation , as an expedie●● needful to the right management of your business ; which ground being in it self manifest , and such as may be examplified in many other instances● and also fortified by apostolick practice , doth abundantly make out my assertion , and yet confirme the institution , with a sufficient impress of gods appointment . only it may be remembered , that whereever this rational necessity taketh place in divine ordinances , as its exigence is the precise measure and warrant of any thing thereby introduced ; so if this limi● be once ●lighted and transgressed , we not only tacitly impeach the holy and wise cou●sel of god , in ordering his own matters , but in effect cast open a door , to all that the weakness and wantonness of human invention , and ca●nal reason , shall please therein to devise : and how displea●ing this is in gods sight , and of what dangerous consequence , no serious christian needeth to be advertised . 3. i observe , that as there is a vast difference , betwixt the entrusting of a person with an employment , by a revocable mandat , and the vesting of him with a ri●ht and power , to exprese the same for terme of life ; so it is in this , that ●he diversity of the fixed praeses , and ambulatory moderator , doth mainly stand . for clearing of which position , it may be considered , that seeing the distinction of right and dominion , from a precarious use , doth mostlie arise from , and it is valued by the certain continuance of the former , consequent to the nature of the thing , which in the later , subject to anothers arbitrarie interruption , is not to be found ; how in the case of this presidencie , fixedness , doth superinduce a kind of proprietie , to which the changeable moderator can lay no claime , is very easy to be apprehended . he who by a permissive benevolence doth only enjoy for an uncertain season , may nevertheless have a very full and plenary use ; but that this enjoyment is obnoxious to anothers pleasure , whereas that of right , the subject remaining , can only be terminat by the owners consent or deed , is the great disparitie , whereby not only these titles are in themselves distinguished , but from which , the power of a free disposal , peculiar to right , doth undoubtedlie flow . whence it may be further collected , that as the free civil abuse ( so to speak ) as well as the use , is founded in , and warranted by the nature of right , and the independencie from the will of any other , which it imports ; so the fixedness of any power or office , doth certainlie in so far , notably capacitat the person therein stated , to a more free and incontrollable exercise . what difference lawyers do make , inter cum qui jure suo , & illum qui beneficio tantum alieno jurisdictionem habet , and what a latitude of power , is by them assigned ●o the former , which unto the second , for this very cause , they make incompetent , is not for one to dip further into , then may conduce for the illustration of common reason . only , as he vvho is elected to an ordinary office of fixed presidencie ad vitam , may well and truly be said , to be jure suo praeses , whereas the other , who is thereto chosen by a commission , as it w●re , during pleasure , and no longer , doth by the same rule alieno tantum beneficio praesidere ; so , that this fixedness , imported by the jus suum , arising from the investiture of the office , doth considerably advance the episcopus praeses , and discriminat him from a moderator , nominat only during pleasure , and absolutly depending upon the beneplacitum of his constituents , n●edeth no further explication . i have hitherto for avoiding confusion , opposed to the fixed praeses a moderator appointed simplie during pleasure , if any man think that this doth not so exactlie quadrat to our custome , where by our moderators were chosen , f●r a definit space , & that by this certain designation he appeareth not to be much different from him that is ordained for time of life . it is answered , it is not the simple omission , or adjection of a certain space , that is to be regarded in this matter , a person may be commissionat , not only ind●finitlie , but also with the expression of a prefixed time , and yet in both cases meerlie during pleasure , just as in a precarious concession , which though it may be qualified with the convention of a certain terme , yet lawy●rs say , it is of no force to restrain the granters revocation ; but the true point of the difference , doth plainly stand in this , that the office of presidency once being declared to be fixed , and so made a right of its own nature , not oth●rwise terminable , then with the praeses his life , as his continuance therein , is from the nature of his right , and cannot be understood to flow meerly from the electors their free pleasure , like to the case of a trust committed by simple mandat ; so he is no more obnoxious to their revocation , then any other person , having a grant from a community of an ordinary superior office during his life , can be turned out of it , at the granters arbitrement ; whereas , on the other hand , there being no such constant office established , the person called simply to officiat , whether indefinitly or for a set time , attaineth to no right , but the same remaineth entirely with the meeting electing , and he is absolutly subjected to their determination . by which also it further appears , and may conduce for the better uptaking of this distinction , that as in this second case , the right abides with the presbyterie , and the naked exercise of moderation , is intrusted to the person thereto appointed ; so in the former , the erecting of this presidency , unto an ordinary fixed office , is without question a manifest derogation from , and abridgment of , the presbyteries antecedent priviledge , so that in summe , it may be certainly and evidently concluded , that as the erecting of a superior office , by a perpetual constitution , and thereby retrinching the constituents their original power , and making to the person therewith invested , a proper right , notwithstanding that the actual nomination and election of persons to that office , may still remain with them , doth clearly and exceedingly diff●r , from a commission given by way of mandat ( though for the exercise of the same employment , ) whether indefinitly , or for a certain space , neither diminishing the mandators their inherent power , nor granting to the person commissionat , any certain right ; so the offices of the constant pro●stos , and the presbyterian moderator , are by the same methods and rules , as remotely distinguished . if it be further objected , that i seeme to forget , that even the fixed , praeses , is not accountable , but may be removed upon his delinquency , and that ad vitam , which doth much impare the difference here assigned , i shall not , in answering , divert my reader to the doubt , whether this praeses may be removed from his presidency upon peculiar and lesser faults , not inferring a remove from his ministry , or whether , according to the perpetual custome in this case , these deprivations are not to be divided , which certainly contributeth much to the praeses his establishment . but seeing the common & notore dis●inction of an appointment ad vitam or culpam , or only , durante beneplacito , doth sufficiently insinuat the solution , it is obvious , that though an ordinary office given ad vitam , may according to the evident rules of right and reason ( which do in no case permit the same to be absolute , or exempt it from all control ) be takan away , upon a just ground of forfeiture , duely , tryed and proven ; yet the disparity of a commission , given meerly ad beneplacitum , and revocable at pleasure , without so much as the necessity of alledging a reason , is abundantly manifest , and plainly establisheth the di●tinction now in agitation ; and in a word , to be removeable from a trust ad libitum , and deposible from a right only , pro culpa , are so sensibly different , that the objection doth not deserve any further answer . only , that the influence thereof upon practice , or upon the right or wrong management of affaires , may be the better apprehended , it would be considered , that almost in every trust and employment , let be in this which we treat of , there are , below that excess of malversation , which can be charged and proven to be a fault to conclude a removel , a great many inferior degrees of mal-administration , which though by reason of their quality , they do not amount to a just cause of rejection , yet may nevertheless be of singular pr●judice , and just as a free election doth deliberat upon proper and improper , so may these smaller transgressions , very rationally require a charge , without meriting deposition . whence it easily follows , that beside the diminution of the presbyteries power and priviledge , this fixed proestos , doth also impose upon them , an inconvenient restriction of their just liberty of change , which in many cases may prove singularly prejudicial . 4. i observe , that as the fixed praeses is constitute , not by an arbitrary mandat , but by a proper right , resulting from the erection of the office , in the manner that i have described ; so the office it self , consisting in a priority of direction and conduct , it certainly thereunto addeth a peculiar dignity . i say the office consisting in a priority of direction ; for that there are subservient offices , such as that of a clark or recorder , which may be fixed , and enjoyned by a proper right , and have also the general esteem of praise worthy employments , and yet do not intitle to any eminency , is sufficiently explained , and its difficultie removed out of my way , by the simple proposal . but the thing here rema●ked , and wherein the difference of the proestos and presbyerian moderator is further apparent , is , that the former hath by vertue of his right of presidencie a concomitant special honour above his brethren , which cannot be denied to him , without a gross s●lecisme in prelatick h●rauldrie . the temporary moderator is indeed attended by an agreable respect ; but as he is vested with no proper right to the place , wherein he simplie officiats , by the assemblies free nomination , and as its instrument and mouth , which during pleasure , it chooseth for the more orderlie management of its affaires ; so the estimation and honor that accompanieth the employment , is of no higher degree , and equally transient ; whereas the fixed praeses , being rather set up to be a head for governing the assembly and its actions , must of necessitie on this account , be adorned with a more high and permanent dignitie . but it may be objected , that it is an easie matter to represent the controverted praeses in as diminishing characters , and by saying , that he simplie officiats , at least enters unto the office by the free vote of the meeting , and as its mouth , and not its head , by them thereto elected for time of life , to resolve all the difference of the two , and this eminencie of respect appropriat to the fixed , unto the bare specialitie of the distinct period set to his continuance , and no doubt words are easily turned ; but as it must be acknowledged , that these things , viz. for one to be set , though by a free suffrage , in a place formed and erected in an ordinarie office , with its known special powers and priviledges , and to pos●ess by the right thence resulting ; and to be intrusted with the same employment , but only by the way of a free and revocable mandat and commmission , absolutly depending at the constituents pleasure , are widely distant ; so , particular distinguishing qualities of the proestos , in his proper right and power , his exemption from an arbitrary removal , and his more advanced dignity , are thereby notablie declared . and therefore , seeing he doth injoy his place jure suo , ( as lawyers speak ) and doth not precariouslie hang ●or the continuance of its exercise , upon the presbyteries free and simple goodwil , as our changeable moderators do , he cannot in this respect be said to be only an instrument for order , dignified with no higher esteem , but is in ●ffect by vertue of his right , and the power thereto pertaining , rendered the chief and head , and accompanied with a peculiar honor inseparable from such a superiority . if it be further alledged , that even in our own custome , the moderator once elected did alwayes continue out his cou●se , and that it is not so easie to give one instance of this arbitrary putting off , here so much spoken of ; i shall not answer , that his time b●ing short , and not ad vitam , there could scarce be any necessitie for making of such changes : but the truth is , the not making thereof is so far ●rom impugning , that it much commends the differences by me explained ; for if the quality of the office , as by us used , the certain time thereto appointed , and the presbyteries reserve of an absolute control , have been of that efficacie , as even to prevent the occasions of exercising this la●t p●iviledge , no doubt it is more concludent in our behalf , then if the pres●yteries had made many removes . it is not therefore , as i said before , the electing a●d desig●i●g for a c●rtain space , and a not altering observance , that do signifie any thing in this affaire ; no , but as the presbyteries retaining of the absolut power over their moderator , is both their priviledge by the lords appointment ; and also the great check of all abuses , incident through his weakness or malice ; so it is the setting up of a praeses over them , with a power appertaining to him , as his proper right during life , and not committed to him by a revocable mandat , that not only elevats the episcopus praeses to his distinguishing superiority and dignity , but in effect , contains the seminal cause of most of the evils that have thereon ensued . now from these things thus explained , the differences of the fixed praeses ●rom our moderator , appeare mani●estly to be . 1. that the former imports an ordinary setled office , including a proper right , and power to the person thereto appointed ; whereas the later doth only imply a bare exercise , wholly dependent upon the presbyteries pleasure . 2. that the setting up of the first , doth derogat from the presbyteries right , by transferring it upon him ; whereas after the nomination of the second , the presbyteries right remaineth still entire , and neither is , nor can be impaired by the intrusting of a particular member with its meer actual exercise . 3. the fixed praeses deprives the presbytery of a great measure of their libertie , he being exempted from their arbitrarie control and power of changing ; whereas our moderator is altogether obnoxious to their determination . 4. the fixed praeses is created by a deed convoying a right ; whereas our moderator is made by simple mandat , imparting nothing , save a precarious trust . 5. i● an allusion may adde light , the praeses is set up as it were to be head ; whereas the moderator is in a manner only appointed to be the mouth of the meeting . 6. the praeses his right and power and superioritie , do necessarilie attribute unto him a special eminency of dignity ; whereas our moderator , his naked ministerial exercise , cannot pretend to any higher respect . and 7. the praeses from the nature of his right , continueth ad vitam or ad culpam ; whereas the moderator , having no right , hath no other as●urance or lace , then the presbyteries beneplacitum . these differences then ( though among themselves rather formally then really di●tinct ) holding out the proper characteris●icks of the proestos contended for , as indeed they are , and must necessarily be admitted by all , before i fall to disprove him by further reasoning , it will not be amiss , that for the better clearing of what singular moment these his signal advantages , above our moderator , may be in the matters wherein they are conversant , i shortly note the several parts of the office . and 1. it is the moderators part , to propose matters to be considered . 2. to direct consultations . 3. to moderate debates . 4. to interrogat opinions . 5. to ask the votes . 6. to determine in the case of equality , by his casting suffrage . 7. to appoint extraordinarie dyets : which being all certain beyond controve●sie , i only wish that the true value of their influence , may be as gravely pondered in the present question for guarding against any exorbitant power , whereby in these spiritual courts and matters , they have often , been and may be still very dangerously abused and depraved , as we see men in their worldly concerns seriouslie attent to the things not only of the like , but of a far inferior consequence . havin● thus delineat the proprieties of this episcopus praeses , as i suppose with a satisfying perspicuity , what clearing it may give to the main inquirie , concerning the lawfulness or unlawfulness of this place and office , falls next under consideration . and in answer thereto , i distinctly affirme , that the place and office of a fixed praeses , or constant moderator , is unwarrantable , and positivelie unlawful . which assertion , seeing it importeth the plain contradiction of my author's first consideration , viz. that there is no command in scripture , for changing of moderators in meetings of presbyteries , nor no precept , nor rule of scripture , contrary to the office of a bishop , as a fixed president in synods , the confut●tion thereof , will be the best confirmation of my position . only i must premise , that seeing the author proposeth the two members of his consideration , as if in eff●ct coincident , and that , if there be a precept in scripture , contrarie to the office of a bishop as a fixed praeses , the necessitie of a change of mederators , doth from the acknowledged exigence of order neces●arily ensue , his insinuat demand of a precept in scripture for changing of moderators , aswel as of a rule , contrarie to the office of a fixed president , is captiously superfluous . holding me therefore to that part , that there are precepts and ●ules in sc●ipture , contrarie to the office of a bishop , as a fixed president , the grounds that in my former discourse i have thence adduced , to prove the absolute and lowly paritie , commanded by our lord to his apostles , and all ●ucceeding ministers , if they do stand firme , do undoubtedlie evince it : for s●eing that our author doth in his third consideration , use it as a main argument , that there is no particular command for an absolute parity of presbyters , adding , if it be , let it be produced , and it will end the controversie , it is as evident from his concession , as from the unquestionable opposition of an exact paritie , and the majority of this office of presidencie , that by the establishing of the first , the second is subverted . now that our lord hath commanded an absolute paritie of presbyters , if i make it appeare from the original precepts , given to the apostles , without controversie not only the antecessors of all succeeding presbyters , in their ordinarie ministrie , but the persons to whom , as representing the perpetual ministrie , ordained by christ in his church , the rules and directions thereto proper were delivered , i hope the transfer●ing of the command , from the apostles to succeeding presbyters , will be of no difficulty . let us then in this search after the lords will in this matter , humbly and meekly consider what he himself hath therein delivered . and as , for my own part , i am very far removed from the temptations of interest , that commonly do svvay and oversway in it ; so i am confident , that all men equally removed from the passions and prejudices thence arising , will in this divine light , find a most assured determination . our lord then having upon several occasions , particularly that reasoning 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which of them should be greatest , and the suite of a proedria , or a prerogative-seat presented by zebedees two sons , and their mother , dehorted the twelve from all affectation of more emi●ent authoritie or dignitie among themselves , not only by reducing them to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and innocent simplicity of children , and proponing to them the example of his own lovvliness and humilitie , both in his personal deportment , a●d in the manner of his administration , but also by removing the very subject it self , and warning them , that they ought to be so ●ar from looking a●ter any superioritie of rule or authoritie , one over another , that the greatness of the greatest , was to be servant of all , and industrie and humilitie , their praise and exaltation . he telleth them further , that as he alone was their master , so all they were bre●hren ; and accordingly we find them all equally commissionat to the work of the mini●●rie , math. 2● . 19. alike vested with the power of discipline , iohn . 20. 23. and in this paritie acting , officiating and associating others to themselves , in several undenaible instances . these things being evident in the gospel records , verily when i reflect upon them , i cannot but marvel , what it is , that can here be desiderat . the disciples contend who shall be greatest , and our lords answer is , if any man desire to be first , the same shall be last of all : and that the least among them , the same should be great : by which , as it is clearly intimat , that the greatness which they aspired unto , was none other then a primacy or presidency of one above his fellows ; so it is manifest , that our lord doth not in his return so much condemn their ambition , as by a total remove of all greatness , the subject of the competition , and converting their contest for grandeur , into an emulation of lowliness and diligence , fairly confute it . i grant , that according to their more rude & carnal apprehension of our lords kingdome , the time of this debate , it is very likely , that it was incited & managed by agreeable passions and phansies ; but yet seeing he doth not plai●ly direct his return , to undeceive them of that delusion , but rather carrieth his command further , to informe their judgments , and forme there mind , by an instruction suted to the true work & station wherein he was to leave them ; that , even in that they were to look after no stated primacy or majority , but consequently to re● but here our author reclaimeth , and in his fourth consideration saith , that this parity cannot be concluded from our saviour's command , it shall not be so with you , nor any other of his holy injunctions of moderation , humility meekness ; for that would destroy all church-government , and all superiority of pastors , over other elders and deacons , and over their people ; if all imparitie of rule in ecclesiastick persons , were inconsistent with these great laws of our holy profession , the apostles themselves , would have been the first most signal transgressors . it is answered ; if from the text , it shall not be so with you , i were contending for an absolute paritie , in all respects , among all church-officers and members , in as much as thereby all their distinction , with the whole oversight of pastors , should be taken away , without doubt the objection would be unanswerably concludent ; but seeing the divisions of church-officers in extraordinarie and ordinarie , and of the ordinarie , in pastors , elders and deacons , with the imparity thence resulting , is not so much as by us questioned , the laxeness of such arguing doth merite a more severe censure , then at prese●t i am inclined to use . it is therefore to be considered , that as the several powers , offices and gifts , by our lord institute in , and given unto his church , with their beautiful order and subordination , are by us very chearfully acknovvledged , and no constructive imparitie , that may be thence in●inferred , in the least doubted ; so neither is the same a proper imparity , a thing only incident to officers of the same kind ; nor ( if it vvere ) is it the imparitie at present under debate , vvhich being an imparitie of place , or other the like priviledge , attribute to one , exclusive of others of the same order , is the only subject of the controversie : which standing thus in plain termes , vvhether or not our lord , by appointing his apostles , and their successors the ministers of the gospel , in the same equalitie of power , as brethren , and quelling all there competitions about the majority and pre●erence , by reducing them to the lowe degree of servants , without any distinction , except what may arise from a greater measure of humility and diligence , hath thereby discharged all imparitie of power and presidencie among them : i am confident , that not only the simple proposal doth conclude the affirmative , but render the absurditie here objected against it widely impe●t●n●nt . i say then , for a distinct answer . 1. that the paritie by us pleaded , is not indeed to be concluded from any of our lords holy injunctions of moderation , humilitie and meekness ; to insinuat the tontrarie to be our assertion , is not only a plain calumnie , seeing all men know , that the highest as vvell as the lovvest of men , constitute in lavvful degrees , are liable to these sacred inst●uctions , but also a desingenuous artifice , to make it be thought , that we take the command , it shall not be so among you , for a meer precept of that kind , and thereby surrender one of our main arguments ; in as much , as it is rather from the intimation it contains of the apostles their future condition , then from any precept of humilitie that may be thence inferred , that it strongly concludeth my position . 2. although the command , it shall not be so among you , doth not prohibit the different orders and degrees of church-officers , whether extraordinarie or ordinarie of our lords appointment , which both manifest reason , and the genuine import of the antithesis do plainly evince ; yet that all that superior eminencie and coactive authoritie , whereby the princes , and great ones of the earth , are properlie from others distinguished , is here removed from church administrations , and lordlie prelacie , with all its priviledges and dignities , thereby discharged , is obvious to the meanest capacity . 3. as these words , it shall not be so among you , do in the first place clear the nature and manner of ecclesiastick , in opposition to secular rule ; so it is from the ensuring ampliation , but whosoever will be great among you , let him be your minister &c. that consistentlie with the former declaration , the paritie by us pleaded , of of●icers in the same order , & all imparitie whatsoever among church-officers , resulting meerly from a greater eminencie of place and dignity , is utterly excluded . i say , resulting meerly from a greater eminencie &c. for that apostles & evangelists , in respect of their extraordinarie qualities and employments , and pastors and ruling elders , in respect of their different charges , are stated in a kind of imparitie , is not at all controverted ; but the question being plainly concerning the lawfulness of an imparitie not from any special power , trust or gift given by our lord , but from an higher place and dignitie , having no other foundation , then a greater measure , and larger interest in the government con●erred by man , upon the person therewith vested , i affirme , that not only among officers of the same kind and order , but among all church-officers whatsoever , this is an imparitie of rule , in ecclesiastick persons , as litle countenanced by the superioritie of pastors over ●ther elders and deacons , and the whole s●ock , or by the apostles their practice , as our lords discourse and command to the twelve , upon the sute of the brothers , doth certainly condemne that proedrie whereunto they pretended . as for our authors anticipation , viz. that to say the apostles were extraordinarie persons , would upon the supposition of their imparity in the point of rule , say nothing , but that they were extraordinarie transgressors , it is like many other his mistakes , wherein th● glances of an i●consi●erat phansie , do very visiliet preoccupy his judgment ; for seeing the imparitie which our lord doth condemne and we do disown , is an i●paritie consi●●ing in the inequalitie of place and dignity , in one and the same order , and not that imparitie , which ariseth from an extraordinarie office , power or gift of our lords ordaining , it is evident that the imparitie of the apostles , extraordinarie officers . compared with ordinarie presbyters , doth not in the least contradict ; and that the author , by imagining the answer , of their being extraordinarie persons , to import no more then that they were extraordinarie transgressors , doth only shew his extraordinarie inadvertence . and really when i consider , that notwithstanding the different orders of offices , which christ hath ordained in the church , he hath nevertheless most expresly stated his apostles , and in their persons all succeeding pastors , in an exact equalitie , and clearly discharged all pretensions , to any sort of majoritie , or preference among them , and that even our adversaries themselves , do not maintai● their episcopus praeses , by any claim of succession to these superior officers , at first by our lord institute , i do not only wonder , to find my author in this objection so foolishly and rawly confounding the imparitie of place and preheminence , in one and the same order , by us from gods word rejected , with the imparitie of orders by the lord established , but am fully of the opinion , that the more eminent degree of a fixed president is yet more unreasonable , then the distin & order of superior prelats , although in the seeming acknowledgment of our very adversaries , destitute of all satisfying pretenses . for asmuch then as our lord , had very clearly and positively commanded the paritie of his apostles , and in them , of all his ministers , by declaring them to be brethren , in direct opposition to that pharisaick pride , which might have tempted them to the like affectation , and further , doth adduce his own bles●ed example , that by the consideration of his ministerial lowliness , in the manner both of his administration and conversation , compared with the infinit excellency of his person , power and dignitie , he might the more effectually obviat all imaginable temptations , & utterly ruine the very thoughts of any inequality of a stated superioritie amongst them ; let us with all fear , and reverence , acknowledge his holy wisdom and appointment , and constantly disown and rej●ct the vanitie of all contrary inventions , specially , seeing it is mo●t certain , that however men may endeavour by specious pretex●s to obscure the prohibition , and to palliat this corruption , yet its wicked , pernicious and abominable effects and consequences , have rendered it , to all the sincere lovers of our lord iesus , palpably odious . that which doth next occurre , is two objections in the authors second and seventh consideration . the one , that the fixed presidency of bishops in synods , hath as much warrand as the fixed moderating of a presbyter , in a kirk-session of ruling elders ; the other , that it can as little be quarreled , for want of an express command in scripture , as kirk-sessions , presbyteries , synods and national assemblies , and their commissions , which with their severall subordination , are nevertheless by us pretended to be of divine institution . but having in the former treatise , by shewing the scriptural , and most rational disparitie of the first case , and the undeniable grounds of divine right and institution for the second , fully answered all that is here excepted , i will not now detain my reader , by any superfluous repetition or addition . the fi●t thing asserted by the author , is , that if the thing it self be lawful , the appropriating of the name of bishop , to the superior presbyter , cannot make it unlawful , though these two names be indifferently used in the scripture , thus the author loves to quible . we say , that not only these two names , are indifferentlie used in scripture , but that they are used as signifying one and the same thing , without the least insinuation of a more proper application , either of the one or the other , to any thing distinct ; & thence do strongly inferre , that after-times did verie unwarrantably and contrarie to scripture-grounds , divide both the things and names : and this our author , doth very lightly turn over , as if all the question anent a divine warrant for the identity or distinction of bishops and presbyter were only a plea of words ; and whether the names of bishop and presbyter , in scripture commonlie and promiscouslie used , might lawfully afterwards be severally appropriat , without the least notice taken , that in sc●ipture the use of the words is no more common , then the thing the same ; and that therefore the separation afterwards made , was a meer human invention . but he adds for a reason , that the names are in the same manner used in some primitive writers , who in other passages do clearly owne the different degree of bishops over presbyters , and vvere themselves of that degree . what then ? a man may indeed hence conclude , that in the times succeeding the purest , with the distinction introduced of a superior bishop over a presbyter , the names , beside th●ir common use , became to be usurped to peculiar significations ; but seeing this manner of writing , observed in these primitive writters , doth no wayes hold in sacred write , whence we ought to search for our warrant , and wherein there is no passage which doth in the least favour the diff●rent degree of bishops over presbyters , what can be gathered from thes● indig●sted reflectious , save this , that the primitive times soon varied from th● primitive simplicitie , and consequently swerved from the primitive purity . seeing then , that all the weakness of this argument , is from the author his own mistake , to take notice of his attempt , to bafle the reasoni●g from this topick , as too vveak and unvvorthy of any serious persons insisti●g upon it , were in effect , to be ridiculously serious in his follies . but he proceeds to tell us in his sixt assertion , that it is yet more strange to be offended , vvith the solemne vvay of blessing , or consecrating bishops , to that presidency vvith the imposition of hands ; as if a grave and solemn admission , to a high and holy employment , vvere apt to unhallovv it , and being in appearance so proper an instrument , of making it the better , should yet effectually make it the vvorse . how the author com●s to terme it strange , yea more strange , that we should be offended with a practice , wich yet , for all his suprisal , by reason of our offence , he himself dar not distinctly avow , might be to us really so , were it not that our experience of his methods , doth abundantly satisfie us , that all the arts of insinuation are familiar unto him . the thing he here points at , is without doubt to justifie the peculiar ordination of his bishop , or episcopus praeses , knowing , that a distinct ordination , doth certainly require and inferre , things altogether incononsistent with his discription o● his episcopus praeses , he therefore endeavours to smooth it over , as if all considerable in the case , vvere only a more solemn vvay of blessing , or consecrating of bishops to their presidencie . but not to stand vvith him upon the matter of words , the things that we are indeed offended at , are . 1. that vvhere in his episcopal consecration , both the vvords , manner and whole forme of a special ordination are most exactlie used , yet he would have us to believe , that all transacted by this performance , is only a more solemn benediction ; if any man inquire the difference ; that more solemne lawful action , if capable of a solem benediction , is known and obvious ; whereas , although ordination be accompanied with benediction , yet both the notation of the word , and reason it self do plainly intimat , that it is not formally a benediction , but that its principal act , as it is performed by men , is a ministerial conserring in the name , person● and authority of iesus christ , of a special church-office , and consequently , that it supposeth aswel the office it self , as the manner of its conveyance , to depend upon our lords institution , and warrant : whereby it is evident , that either this place of presidencie , being only a humane contrivance , upon the pretence of order of a superior eminencie , for the better conduct of common administ●ation , cannot at all bear or admit of it , or that under the proposal of this presidencie , it is in effect , not only a higher degree , but a higher order o● church-officers , that is intended to be introduced : which how pernicious it hath proven , and may yet again prove to the ghurch of christ , both the proud usurpations of prelacie , & the hights of papacie , do sufficiently testifie . but the second thing that offends us is , that admitting the thing were really performed by way of a solemn blessing , in the manner represe●ted ; yet seeing this presidency , being repugnant to our lords command , is not an holy , but an unhallowed employment , any form of benediction , that can be thereto used , is not only de●●itute of any promise , but a profanation of the holiness of god , which he jealously loveth . we do not therefore condemn this conservation , as if vve judged , that a grave and solemn admission , to a high and holy employment , were apt to unhallow it ; no , this alledgeance doth too groslie and caloumniouslie beg the question . but seeing it is certain , that the author will as soon prove gain to be godliness , as he will rationally perswade that this high employment is holy , it is evident , that his grave and solemn admission , is as little apt to hallow it , or to be a proper instrument of making it better , as the consecration of the high places was of old , when they were commanded to be destroyed , in it self allovvable , or unto the lord acceptable . the next thing we meet with is , that the degree or power of bishops , beyond other presbyters , is certainly , not to be so fitly measured by any other rule , as by the receaved practice of the primitive church , and canons of the most ancient councels . very right ; why should not their origen and warrant , and the measure and rule of their power go together ? but seeing we have found this primitive practice , to be dislonant from , and contrarie to the truth and simplicitie of the gospel , the first and chief rule , the author must pardon us , in this matter , to disown both his rule and measures , and to hold us to this only unerring canon ; yet seeing he hath been pleased in his deep ingenuity to acquaint us with that , wherein we account our selves but little concerned , it will not be amiss , that for our warning we take particular notice of the discoverie : he adds then , that by the forementioned practice and canons , it will undoubtedly be found that they had not only some such particular power ( as what , i know not ) but exortem & eminen●em potestatem , as hierom speaks : a man might hitherto have thought , that if not all , yet the main thing acclaimed by the author to his episcopus praeses , was a power of constant moderation in church meetings : but here , lest ( as i apprehend ) he should frustrat his solemn conse●ration , or rather the special ordination , which he hath just now asserted , he deals a great deal more plainly , and tels us , not only in general of such a measure of power , as may be gathered from primitive practice , and ancient canons , which certainlie may be as large , as the most favourable conjecture , from any probable pretence of either of these within the first three or four centuries of the declination of the primeve puritie , pleaseth to form it ; but that by these same rules , beside a certain particular povver , vvhich he doth not specifie , they should have potestatem exortem & eminentem , and this no doubt , in a congruous enough construction of the frequent hyperbolies used by the fathers on this subject , may arise as high as either ambition or interest shall please to to scrue it . this being then the ambiguous and laxe comprehension of the author's measures , vvhat hath been the sinceritie of this treatie , or vvhat might have been the issue of an assenting close to it , i suppose it may be obvious to everie mans reason . for my ovvn part , as i look upon this superior episcopacie , from the very fi●st deg●ee of its ascending , to have been in all the steps of its progress , the continual decline o● pure ch●istianitie , and advance of the antichristian papacie ; and as i am convinced from clear scripture light , and undeniable experie●ce , that all the pret●nces made ●or it , and its power and priviledges , either from the practices , graces , vertues or sufferings of those centuries , wherein it had its first rise and grouth , are only the involutions of that strange misterie , whereby it most secretly and subtillie proceeded to its most prodigious ma●ifestation , in the revelation of the man of sin ; so i am perswaded in the same evidence , that the accommodating of faithful men with it , under whatsomever pretext whithin this land , shall quicklie , either prove the readvancing of its pride , domination and wickedness , or els the greater establishment of the supremacie , to the as in●allible prejudice and ruine of the power and puritie of religion , the devils grand designe in all these unwarranted contrivances . but the author addes for a salvo to these just feares , that the foregoing passage may suggest , that if the spirit of our meek and lowly master , did more possess the minds both of bishops and presbyters , there would certainly be little or no dispute , but the sweet contest of striving who should yeeld most , and give most honor the one to the other . thus we find him alwayes a high pretender to gospel rules , when they seem to make for his advantage : if he once attain to the possession of what either his phansie or interest do recommend to him , then , according to the strain of the former letters , how full is he of the high elogies of peace , & of earnest longings after it ; how hateful & odious is contention & hatred , nay , it is the main antichristian character ; and in the same manner now that he is for episcopacie & its eminencie , how sweetly would he seem to commend the spirit of our meek & lowly master . but seeing it is without all controversy , that if this spirit were indeed prevalent , not only our disputs & contests about thir matters would cease , but the very subject o● them , being at best a vain invention pretending to order , vvould be totally removed , my hearty vvish and desire is , that the author would rather endeavour to vvitness his sinceritie , by a through and absolute conformitie , then by such partial applications . the 9 and last consideration , which the author offers , is anent the great and known moderation of all the late reformers , the present reformed churches , and of the presbyterian breth●en in england concerning the episcopacy now in question . but having before answered this abundantly , i am not so much swayed with such alledgeances as here to make repetitions . only he sayes , it is wonderful , that we should affect so exorbitant an hight of zeal , and fervor in this point , so far beyond what can be found in any of these we have named , or any other society or party of men in the whole christian world , either of our own former times . 't is answered , the zeal of god is so rare a thing , in this evill and hipocritical generation , and it and the worlds wonder do so often trist , that i am only sorry , that we have not provocked the author and all men to more of it ; and that our reproch for christ , and consequently the matter of our rejoicing , should amount to no more in midst of such backslidings and perver●ness , then to the just and slender charge of a singular aff●cted f●rvor . but yet the author saith , that this is an excess not to be found in the vvhole christian vvorld beside . and if he cannot condescend on any instance , clothed with our circum●●ances , and exactly parallel to our case , is it not as manifest , that the generality of this boast , is a meer empty inconcludent flourish . if he love to plead with such arguments , let him produce me any one of all these churches , societies or parties which he musters up , that after having experimented the evill and bitter fruits of episcopacy , and searched after its origen and warrant , unto a clear conviction of its want of divine institution , and full discovery of the delusion of its rise , and the wickedness of its tendencie , did in a manner unanimouslly , both by law , canon and oath abrogat and reforme from it : and when by the politick influence of court designes and state projects , and the practices of the devil and his instruments , the same episcopacy was restored seven times worse then of before , and so with a most plenary confirmation of all these grievances , formerly objected against it , did in the most pure and conspicuous zeal of god , that ever acted in any nation , reject this corrupt plant , and bind themselves to maintain the true ordinance of god , introduced in its place , and extirpat every thing thereto opposit , by a most solemn covenant ; and in consequence thereof , enjoy the gospel in very observable povver and plenty , untill that by as gross perjury and violence , as ever the sun beheld , this covenant is again condemned , the lords work and ordinance subsubverted , and this old episcopacy , not only with a sevenfold , but with a seventie and sevenfold encrease of all its corruptions and wickednesses re-esstablished ; and lastly the supremacie , the complement of all ecclesiastical usurpations , with an explication broader then all the pretensions of the papacy , is superadded . for the better securing of all which abominations , after full proof made of all that abused authority and power could do against a faithful non-conforming remnant , policy at length doth instruct to propose an accommodation , upon termes , seemingly indeed condescending , but really corroborative of the present establishment , and most visibly suppressive of any reliques of dissent , or opposition , which possibly might revive against it . now let the author , i say , produce us an instance of any church or society , thus circumstantiat , & if not only , the faithful remnant therein , but the generality of all the serious fearers of god , and true lovers of our lord iesus , shall not give their suffrage on our side , nay the case being thus proposed , as in truth it stands , if even these , to whom he appeals , do not clearly declare for us , then let us beare the scorn of singularitie , and what worse he shall please to cast upon us forever . but lest the author imagine , that vvhat i have here represented , vvith an especial regard to the strengthening of the lords people in this land , to vvhom none of these things are hidden or unknovvn , doth rather proceed from an apprehension of a cross verdict upon the simple question of the fixed presidencie , from the persons and churches to vvhom he referres , i grant , that amongst the reformers , and in those churches mentioned , there may be found good men , vvho , not being led by the concernment of their own condition unto a more near and strict examination of the thing , and rather comparing its appearing moderation with the exorbitancies of prelacy , then reducing matters to their first institution , have written of it more indulgently and respectfully : but as it hath not been the experimented and trying ca●e of any christian church , as it hath been of ours , and as the authors that seeme to favour it , do all of them agree , that it is not of divine institution , but do unanimously recomend it upon that account ; so i am confident , that if the examples of the same reformers and churches , in occurrences of less importance , may found a probable conjecture , it may very fairly thence be concluded , that if they had been , or were now stated in the same circumstances with us , they would as far exceed us in this faint and languishing zeal , whereof we are accused , as by the author we are now construed to exceed them . with what truth , reason or civility then the author is pleased , according to the dull affectations of his oraculous wit , to tell the world , that there is no reason can be given of this our zeal , unless that word of the roman philosopher , superstitio est error insanus , it is no hard matter to judge : but if he account it superstition for us , a●ter our most convincing experiences of the woful evills of his episcopacie , and no inferior perswasion , that the way of presbyterie is of divine appointment , in this matter to adhere constantly to scripture rules , and covenant ingagements , vve freely confess vvith the apostle paul , that after the vvay , vvhich he calleth supestition , so vve feare the god of our fathers , and love our lord iesus christ ; beleeving all things that are vvritten , and having hope also tovvards god , vvho in the midst of the years can , and may revive his vvork . in vvhich profession , though the author do judge us to be beside our selves , yet vve are ascertained , that not only all the faithful , that have any conscience in these things , but also all ingenuous men , will answer for us , that sir , we are not mad , but speak forth the words of truth and soberness . it remains , that i consider the author's additional reflection upon our two covenants . and as to what he prefaces , of his having sufficiently cleared , that the article of the league touching prelacie , as it is there specified , doth not at all concern the episcopacy in que●●ion , i b●leeve i have as ●ufficien●ly cl●ared , both the authors impertinency in this restriction , and also the unquestionable concern of both our covenants , from other heads , in the episcopacy controverted . but here he insinuats , that of late he is informed , that we now flie to the other article of the covenant , ingaging us to maintain the discipline and government of the church of scotland , as it was then in being , and hereupon he wishes , that we would impartially consider , wether the present episcopacy be inconsistent with that discipline & government , or if it will not rather be found to be corrobora●●ve and perfective of it , as apt to keep it in more union , & so to make it stronger , and more lasting then it formerly proved , or likely would be , if it were again restored . it is answered . it is not here objected , that by swearing to maintain the then established discipline and government , we did not virtually renounce , and abjure the present controverted episcopacie ; no , both the reformation that had then so recently preceeded , and the reformation that hath since so directly overturned it , do make this point too evident to be denied by the author , or any pret●nding to common sense . but the summe of what is here proposed is , that we were not well advised in that our oath , as having thereby excluded a special mean for the preservation of that which we mostly intended . in return whereunto , i need not say , that every inconsideration is not an just exception to make void an oath ; the authors own inconsideration in this very allegeance is too manifest , to reduce us to that strait . he saith in effect , that the present episcopacy is not inconsistent with presbyterian government . and is it not a lamentable thing , that thir churches and nations should have been so long in so fatal a distraction , meerly for want of such a happie discoverie ; nay that the very vexed bishops , should not for their own peace , have been so wise , as still to bear with and maintain a thing nothing repugnant to their pretensions ? but to be a little more serious , i say true presbyterian-government doth not admit , amongst the lords ministers , of any stated imparity , either in power , prerogative or presidency , one , or all of which is the very form of the controver●ed episcopacie ; therefore they are ( what all men hitherto constantly deemed them to be ) utterly inconsistent . but the author sayes , that episcopacy by preserving union , is perfective of presbyterie . and i grant that any lawful mean preserving union , is indeed perfective of this , as of all other government : but seeing that episcopacie is not only not at all a mean subservient to presbyterie or its union , what ever it may be to government , or its union in general , but is also in it self unwarrantable and unlawful , and in effect as to union , never found to be otherwise more conducible then presbyterie , but either by the destroying , or tyrannous suppressing of truth and the love thereof , by which the right side of all contentions are maintained , i can scarce refrain from censuring the authors fore going observe , as pitifully groundless . it is true , our presbyterie did not retain union as it was desired ; but what then ? if our corruptions and sins do either frustrat the efficacy , or avert the blessing of the best of meanes , is therefore the mean it self to be condemned ? or if where the lord hath left no choise , a mean shall be devised by man more promising in appearance , as to that wherein the mean ordained hath not , through our fault , been so succesful , and withall , if this invention shall be in●allibly attended with far m●re pernicious consequences , ought we either in conscience , or prudence , to shufle out the former , to make place for the later ? certainlie as these things do exactly quadrat to the case of our accidental differences here objected , so the changing of the lords ordinance for a humane device , upon such a pretence , is liker to ieroboam's policie , who for the establishment and quiet of his kingdome , set up his calves in liew of the lords sanctuarie , then that paritie and straightness of heavenlie wisdome , which the lord requires . i might here adde , that the want of the lords blessing , and the parties their greater power , and , for the most part , insolent pride , being duely cousidered , the oligarchik model of the author's episcopoacie , seemes to be far more obnoxious to the objected divisions , then the lowly and equall presbyterie , that our lord hath institute : and that de facto , there is nothing in that state whereunto we can referre their prevention , except unto the over-awe either o● the papal tirannie , or of a more absurd supremacie , which we see every where to be the ultimat progress of these vain delusions : but having formerly met with almost the same alledgeancee , i proceed . the authour ads , and again they would consider , that if the substance be salved in the present model , their obligation is abundantly preserved . 't is ans. seeing the thing to be principally attended , both in the interpretation and observation of an oath , is that which was chiefly intended in the ●raming and taking of it , and which is indeed the substance of the oath , although of its subject abstractly considered it may be only a circumstance , the ●istinction as here applied appeares to be more captious then pertinent . novv that the thing chieflie intended in that article , to preserve the discipline and government of the church of scotland , as then in being , was to preserve presbyterie from the reinvasion of all these corruptious , from which it had been before so latelie vindicat and reformed ; and that of these corruptious , the controverted presidencie or constant moderatorship was one , and that the very first , is so certain and notour , that i cannot but marvel at the authors so perverse disputings in the contrarie . but he sayes , if no chip nor circumstance of the then presbyterian government might be altered even to the better , then is the next part of the article anent uniformity , according to the word of god , and the example of the best reformed churches , illusorie , and a perfect cheat , in as much as though the same rule should in order to uniformity call for an alteration , yet there could be no receeding from the then frame of the church of scotland . thus the author according to his accustomed deceit , when he would perswade to an alteration , notwithstanding that he and his associats , do manifestly intend and prosecut it with all the might and craft that they can adhibit , yet for to delude us to a compliance , s●icketh not , by insinuating the things in controversie to be but chips and circumstances , flatly to contradict and condemne the violence of their own practices . but , seeing that i have alreadie proven from cleare scripture & undeniable reason , that this constant presidency , in steed of being a chip or circumstance , is in effect repugnant to that paritie which our lorth hath commanded , and wherein true presbyterie is essentially founded , and therefore was by us ejected , and the discipline and government , sworn to be preserved in the covenant , established in its place , 't is evident that all here excepted by the author is but a meer cavillation . in answer whereunto , it may well be affirmed , that it ●aires vvith the covenant as with the truth it self ; no such redargution of all calumnies objected as by its own evidence . the article questioned , binds in the first place to the preservation of the reformed religion in the church of scotland , in doctrine , vvorship , discipline and government against the common enemy ; wherein , it is certain , that as the truth in all the heads discovered by divine light , and after much wrastling recovered from mens corruptions , was directly and plainly ingaged unto ; so such extrinseck and lesser circumstances , as are in their own nature variable , and only determinable by a prudence regulat by the general scripture-rules of order and edification , and vvere not at that time either questioned or reformed , are not in this obliton of our oath o●hervvise comprehended , or thereby rendred unalterable . in the next place , the article obli●ges to the endeavour of reformation in the kingdomes of england and ireland in the same points , according to the word of god , and the example of the best reformed churches : which qualification adjected , al●hough through the deceitfulness of men , it hath given the principal occasion both to perversions and calumnies , yet i am assured , that as in it self it is most sound and rational ; so it may testifie on our part a most fair and ingenuous candor : in asmuch , as although the englishes did first seek to us , and willingly & freely ingaged with us , to the maintainance of the reformation whereunto we had then attained ; y●t in the confidence of the truth wherein it was bottomed , and that it might appeare to the world , how little we were either addicted to any thing as our own , or inclined to abuse and impose upon their distress , we agreed to covenant to the endeavours of their reformation , not precisely according to our example , though vve vere fully persvvaded of its divine vvarrant , but according to the unerring rule of the word of god : ( to which we vvere alwayes , and are still ready to submit all our ingagments and persvvasions ) and the example of the best reformed churches , the best arbiter of all exterior indifferences . now after this cause , follows the obligation to uniformity in these term●s , and shall endeavour to bring the churches of god in the three kingdomes , to the nearest conjunction and uniformity , &c. which being the part of our oath , whereon our author doth at present trifle , i shall not trouble my reader to rectifie his misrepresentation , as if it were the common work of uniformity , and not englands particular reformation , that were referred to the word of god : but seeing by the obvious tenor of the whole article , the preservation of the reformed religion in scotland , and the reformation of england and ireland , according to the word of god , are premised as midses conducing , and tendencies certainly concentring in this conjunction wished for , i am confident , every ingenuous man must acknowledge both the consistency of our oath , and the vanitie of our adversaries sophistrie . and therefore it is answered . 1. that suppose , the intended uniformity and conjunction did require an alteration ; yet seeing the disconformity of either part , maketh place for it , & even perfection it self & imperfection , by reason of their disconformity , are capable of such a designe , the necessity of an alteration to be made on both parts cannot be thence inferred . so that the author's conclusion , from the unalterableness of scotlands frame , that the article of uniformity is illusorie , and in plain terms a perfect cheat , is pitifully claudicant , and unworthy of both his judgment and gravity . 2. although that the things covenanted to be preserved in scotland , as being very acuratly tried and convincingly found to be agreable to the word of god , are in effect both from their vvarrant , and our oath unalterable ; yet , seeing that by reason of our sublunary state , there are several external circumstances attending the worship , aswell as the discipline and government of the church , neither positively determined by the vvord of god , nor comprehended in this our oath for preservation ; that in these , there is a latitude on all parts left to the improvement of providence , and gratification of charitie , for the more easie and happie obtaining of the uniformitie covenanted , is in itself evident , and the very subject and intendment of this last clause , as to any thing which may be thereby imported over & above what the preceeding parts of the article do contain . but , 3. the palpabl● fallacie of the author's objection , is , that he falsely supposeth , not only that the word of god may in order to uniformitie call for an alteration in scotlands frame covenanted to be preserved , but that even the swearers of this oath did thereto referre , as not being fully ascertained and ultimatly determined as to the congruitie of that very establishment which in the same article they sweare to mantain : whereas , it is manifest from the tenor of the article and all other circumstances , that as we in scotland were assuredly perswaded , that the things whereunto we had attained , and which we sweare to preserve , were according to the word of god , and england also by concurring with us in the same ingagement did thereunto assent ; so it was in the same common perswasion , that we engadged to endeavour englands reformation according to the same rule , and did , in the holding and not altering of these obligations with a just accommodation of undetermined circumstances , jointly vow and hope for the above mentioned uniformitie . 4. as the certain conformitie of scotlands then reformation to the word of god , doth directly contradict the authors supposition , and the alterableness of the then constitution of government in so far as we are sworn to preserve it , is very consistent with the vowed uniformitie whereby the authors argument is utterly ruined ; so we do constantly acknowledge the same word of god to be the supreme and unerring rule , whereunto we heartily submit ; and therefore , if the author can shew that this rule , either upon the account of uniformity or any other , doth require an alteration of that government whereunto we are bound , it is in vain to redargue us from pretended inconsistencies in the words and contexture of our oath , seeing this is a direct and plain method by vvhich vve are most vvilling to be tryed . the author addes , that if no hoofe or hair of the scottish modell can be altered , though both scripture , the example of the best reformed churches , and the vowed uniformity should require it , then ought it in stead of according to the vvord of god , &c. to be rather according to the present forme of the church of scotland . but 1. waving the fraud and scorn of the author's hoofes and haires , vvhereof it is certain , that his fixed presidency , unless so far as it is an excrementitious superfluity , can be called none , vvhy doth the author cavil ? if the scripture and the example of the best reformed churches , do require an alteration of our modell , let him shevv it , and there is an end . 2. i have already given a cleare account , vvherefore the ingagment in the covenant to reformation in england did referre to the word of god &c. rather then to any particular example . 3. if upon the matter , englands covenanted reformation in discipline & government according to the word of god , &c. do in effect resolve in an exact conformity to our then constitution , doth it therefore follow , that this part of our oath is either a cheat or an abuse ? god forbid ; the rule is too sacred to give ground to such a consequence : and certainly the author's second thoughts will correct his rashness . but the author subjoines , that how this understanding of the rule of englands reformation according to the vvord of god , as certainly introductive of the then scottish model , would have past with our english brethren , and particularly with these present at the framing of that covenant , may easily be imagined . it is answered 1. the question here mainly agitat , is , neither how the englishes understood the ingagment of the covenant in order to their own reformation , nor yet what may be its real import , but plainly what we stand bound to by vertue of that article , obliging us to preserve the reformed religion in the church of scotland in doctrine , worship , discipline and government ; and that thereby we are obliged to disown and reject the authors episcopacy and fixed presidency , from which our government was at that time expresly reformed , is that which i am perswaded he himself dare not seriously deny . 2. whatever meaning interest , passion or prejudice may possibly devise , yet that the words , according to the vvord of god , &c. are in themselves most plain , safe and sound cannot be controverted . but 3. that under this very form of words both england did give , and scotland did obtain a sufficient as●urance for the setting up of presbyterian government in england as it was at that time established in scotland , is no hard matter to explain ; in as much , as not only the word of god , the declared rule , doth thereto strictlie and antecedentlie tye , as hath been made out ; but whoever herevvith considered the knovvledge the englishes had of our then constitution , the affectionat sympathie they had testified , both in our labour and victorie vvhereby it vvas attained , their frequent and significant insinuations in publict , in privat , in print and in speeches to this purpose , their express ingaging to the preservation of our frame , their brotherlie covenanting and concurring vvith us for the cause of god , and many other circumstances , vvill vvithout hesitation conclude , that we had as pregnant grounds of persvvasion of there being like minded with us in this matter , as could be demanded or expected by ingenuous men , from a nation at that time so unsetled and discomposed . and therefore , seeing there was nothing for several years preceeding , more clearlie and distinctlie held forth by us , then that we judged the form of government then in being among us , to be the only church government agreeable to the word of god , i think we may well take the author's suggestion , as if the englishes would never have passed this sense and meaning of the words , according to the word of god , to be only a cunning hint , to collour a confidence which can●ot be avowed . it is true , that in process of time , the love of truth and zeal of god did much abate , & error abound in that nation ; whence to many who desired a sutable licence , the just severitie of presbyterie became uneasie and odious : but as that doth nothing convel the former arguments by me adduced , so it is no less true , that the sounder and better part of england , not carried away by the present defection , do still own presbyterian government as by us asserted , to be the only government that our lord has appointed in his church . but our author tells us , yea , it is not unknovvn hovv careful one of the english commissioners vvas to have that clause inserted , according to the vvord of god , and hovv secure he thought himself and his countrey by that expression from the inroade of scottish presbyterie upon them notvvithstanding that former article premised in favours of it . well , admit this to be a truth , what then ? ● if one of them was a deceaver , & deceaved & yet manifestly taken in his own craftiness , what is either the work or the covenant the worse ? if confident errors or treacheries be sufficient to consute the truth the author needed not have called this witness to his assistance ; but seeing it is most certain that whoever that person was , and whatever might have been his peculiar opinion , and communication or correspondence with the author in it , neither was there any such thing openly declared or treated , nor hath it the least foundation in the words under debate ; but on the contrary is by them as manifestly confured , as the author now is , to what he formerly professed most repugnant : the thing is scarce worthy this my reflection ; and yet behold the conclusion , that the author drawes from it . thus , saith he , were the contrivers of that covenant bussied in patching it up , to outwit one another by words and clauses , hovv inco●herent and discordant soever , to salve their different interests and opinions , and to make it strong in odium tertii , hovv vveake soever it might prove to discerning men , by disagreeing and jarring vvith it self , and a very babel , by the divided and confused language of its architects . and thus our author having abandoned all conscience of the oath of god , doth also cast off all shame , and in his envy standeth not openly to contradict and blaspheme . if he had premised any thing to give so much as a collour to this incoherence , discordance and confusion objected ; somewhat in excuse of such conclusion might be indulged to his passion and interest : but when nothing hath been alledged , except a blind conjecture of some persons their different apprehensions of the soundest and plainest form of words , contrarie to the undeniable evidence of the truth it sel● , and from which inconvenience the most pure light of divine revelation hath not been exempted , upon thir grounds to inferre an accusation against the holy covenant in the termes vve have heard , can only be the effect of a most wicked indignation and apostatick malice . lord bow downe thine eare and heare , open lord thine eyes , and see , and hear the words of this man , who hath set himself to reproach thy truth and wo●k , which thou hast manifestly owned ; and save i beseech thee thy people out of the hands of these evill men , that all the churches may know , that thou art the holy lo●d god of truth , vvho searcheth the reines and heart . and therefore in return to this contempt and scorn , i shall only here briefly adde to what i have in the former discourse observed to this purpose . 1. that all the forged ambiguities and inconsistencies , that either the deceit of hypocrites , or perversness of open adversaries , have hith●●to laboured to fix upon the words and frame of this oath , are not only the fate of truth , but according to its proper vertue , by the serious consideration thereof in its own light , most readily and satisfyingly salved . 2. as the covenant was attended by a most signal power , and presence from on high ; so it s sincere prosecution , was constantly blessed with a very beautiful concord ; and whoever divided from its genuine meaning and purpose , did quickly also abandon the reverence and regard thereof , which he once professed . 3. that not only the forsakers of the covenant do relinquish it without repentance , and for the most part , by the irritation of their own guilt and shame , are exasperate to irrational railing and rage : but if the revilings and persecutions of the ungodly world , be the badge of truth , the covenant hath from the beginning been thereby very notably confirmed ; and all its true followers may herein rejoice and be exceeding glade , as being by the lord pronounced blessed . 4. that as the beautie and glorie of the work of god , were very visibly promoted both by the covenant and its contrivers , and confusion formerly , and calamity and wasting consumption now , the certain and manifest effects of mens svverving and backsliding from it : and as in that furious storme that broke off and destroyed the branches , the root of the kingdome was by this bond made sure , until the time of our restitution wherein it made the first and most airly appearance ; so the remembrance of these things , may yet be ground of hope , that the lord will arise aud have mercy upon zion , and in place of the babel-confusions wherewith these masters of confusion and rebuilders of babilon do upbraid us , cause his work appeare unto his servants and his glory unto their children . in the last place , the author saith , he heareth that some take the romish hierarchie in the national covenant , for the same with our present episcopacy ; and that by vertue of the gloss of glasgow which yet , he saith , doth grosly corrupt the text : for the romish hierarchie is the romish hierarchie , and no other ; nor hath any man , or assembly of men , even such as have most of the spirit in them , power to bind a sense upon the words , so different from , and opposite to their clear and genuine signification . i cannot here in the close insist on all the impertinencies hudled up in these few lines , though by the romish hierarchie abjured in the national covenant , there is no doubt meaned , not only romes proper hierarchie , usurping and pretending to a domination over us : but also , all such like corruption in ecclesiastick government , whether in its rise , growth or consummation , under which it is manifest , that the controverted episcopacy as being the first workings of that mystery , must necessarily be comprehended . yet it was not by this clause alone of this covenant , that this episcopacy was conceived to be abjured amongst us ; in as much , as the argument that may be gathered from it for this abjuration , is both cumulative and concludent above exception , viz. that albeit , that it doth principally relate to heads of doctrine , and the maintainance of the truth therein contrary to the errors of poperie , yet it doth also extend itself against all manner of superstition & corruption : and therefore doth not only reject the popes worldly monarchy and wicked hierarchie , whereby , without question , all the degrees , occasions & tendencies , either of worldly domination , or undue elation of christs ministers over his flock , or among themselves are disclaimed ; but thereby we do expressly joine our selves to the church of scotland as then reformed in doctrine , faith , religion and discipline , promising and swearing by the great name of the lord our god , that we shall continue in the obedience of the doctrine and discipline of this kirk , and shall defend the same according to our vocation and power all the dayes of our lives . under vvhich heads , especially that of discipline , according to the usual phrase of these times , as it is vvithout controversy , that the government then in being vvas contained ; so if vve consider , that the taking and subscribing of this covenant in the year 1581. and 1590. was designedly enjoined by the general assembly for the confirmation of presbiterian government then completly perfected , and unanimously agreed to in the year 1581. and universally setled and established in the year 1590 : it is not possible , that in this matter any shadovv of scruple should remain . i might here adde for a further evidence , that when within a few years thereafrer , king iames and his court-faction took upon them to innovat that forme , by the introduction of kirk-commissioners , and constant moderators or fixed presidents ; the faith●ul who opposed these courses did , as it appeares by their writings and publick protestations yet extant , very freely testify against them , as perjurious defections and breaches of the oath of god : which is an undeniable proof of the sense wherein it was taken . but the plain and obvious account of this oath , which i have already exhibit , is more then sufficient , to vindicat the consonancy and soundness of that interpretation made by the forementioned assembly , against the author's identick and ridiculous reasoning , to wit , that therefore the romish hierarchy in that oath cannot contain the present episcopacy , because forsooth , the romish hierarchy is the romish hierarchy , and no less ignorant and lascivient confidence , whereby he goeth about , not only impudently to decry a most certain and cleare explication as gross and shameful , but impertinently to defie or mock the spirit of the lord , and all thereby conducted . i might in this place moreover subjoine , that admitting , for the author 's more ful redargution , that the assembly had lap●ed in their exposition ; yet seeing it was materially agreeable to truth , & we are thereunto bound by our sacred oath , not so much assertorie of the justness of the explanation , as positivè , renouncing the thing therein contained ; this error in the manner , could not by any rule dissolve the force of our oath , but the certainty and lawfulness of our abjuration by this oath , both of prelacy and episcopacy , and all their aspyring degrees , hath been already by me so largely and evidently declared , that any addition were altogether superfluous . as for what the author tells us in the last place , that the presbyterian brethren in former times did not think themselves by that cove●ant oblidged to separate from the synods wherein bishops presided , as their practices do evidence . i am persvvaded i have so abundantly cleared the difference of their case from ours , and thereby reconciled their and our practices in a most agreeable consistency , that the very simple noticing of this reflection may almost be accounted an excess . i might here adde that if presbyterian government were offered to be truly restored upon its own proper● foundation , and no thing imposed beside this constant president , both eligible & deposible by the courts , wherein he moderats ; the practice of vvithdravving would be liable to more probable exceptions but seeing the very lovvest condescendence that probably can be conjectured , is immensly distant from this hypothesis ; and the exigence of a te●timony flovving from our present unrepented backslidings , vvith the far more probable ensuing of evill then good , upon a conjunction vvith the persons , and in the other circumstances obvious in our present condition , doe according to these grounds and rules declared in my first discourse , still persvvade to a humble , tender , prudent and vvitnessing separation , i do here put a period to these debates . finis . the generall demands, of the reverend doctors of divinitie, and ministers of the gospell in aberdene, concerning the late covenant, in scotland together, with the answeres, replyes, and duplyes that followed thereupon, in the year, 1638 : reprinted in one book, by order of parliament. 1663 approx. 385 kb of xml-encoded text transcribed from 85 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2004-08 (eebo-tcp phase 1). a69753 wing c4226 wing c4225 estc r6298 12379499 ocm 12379499 60691 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a69753) transcribed from: (early english books online ; image set 60691) images scanned from microfilm: (early english books, 1641-1700 ; 655:2 or 655:3) the generall demands, of the reverend doctors of divinitie, and ministers of the gospell in aberdene, concerning the late covenant, in scotland together, with the answeres, replyes, and duplyes that followed thereupon, in the year, 1638 : reprinted in one book, by order of parliament. forbes, john, 1593-1648. henderson, alexander, 1583?-1646. [3], 36, [11], 40-168 p. : coats of arms. printed by john forbes, aberdene : 1663. added title page: generall demands concerning the late covenant : propounded by the ministers and professors of divinity in aberdene ... aberdene : reprinted by john forbes, 1662. each of the answers and replies has a special t.p. the "demands" and "replies" are by john forbes, alexander scrogie, william lesley, robert baron, james sibbard, and alexander ross; the "answers" are by alexander henderson, david dickson, and andrew cant. imperfect: copy at 655:2 lacks cover t.p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng church of scotland. solemn league and covenant (1643) covenants -scotland. 2004-03 tcp assigned for keying and markup 2004-03 apex covantage keyed and coded from proquest page images 2004-06 tonya howe sampled and proofread 2004-06 tonya howe text and markup reviewed and edited 2004-07 pfs batch review (qc) and xml conversion generall demands , concerning the late covenant ; propounded by the ministers and professors of divinity in aberdene : to some reverend brethren , who came ●●ither to recommend the late covenant to th●● , and to those who are committed to their charge : together with the answeres of those reverend brethren to the said demands : as also the replyes of the foresayd ministers & professors to their answers . 1. pet. 3. 15. 16. sanctifie the lord god in your hearts , and be readie alwayes to give an answere to every man that asketh you a reason of the hope that is in you , with meeknes and feare : having a good conscience , that whereas they speake evil of you , as of evill doers , they may be ashamed that falslie accuse your good conversation in christ . aberdene , reprinted by john forbes , anno dom. 1662. generall demands , concerning the late covenant : together with answeres to them , and replyes to those answeres . the first demand . by what power , or warrand , these our reverend brethren can sure of us , or of our people , subscription to this late covenant ; not being sent by his majesty , or by the lords of counsell , nor by anie nationall synode of this kingdome , nor by any judicatorie established in it ? and , how they can enforce upon us , or upon our people , who are no wayes subject unto them , their interpretation of the articles of the negative confession ? in respect whereof , as also in respect of that band of mutuall defence against all persons what-so-ever , this late covenant is substantiallie different , from that which was subscribed by the king and his subjects , anno 1580 , and 1581. answere . vvee are not come hither , to usurpe the authoritie of any civill or spirituall iudicatorie , or to enforce upon our reverend brethren , and the people committed to their charge , the subscription of the late covenant , or the interpretation of the articles of that confession which is called negative , or what-so-ever else of that kynde : but are sent , to represent unto them , in all humility , the present case and condition of this kirke and kingdome ; crying for help at their handes also : and , in brotherlie love , to exhort , and intreat , that they will be pleased , to contribute their best endeavours , for extinguishing the common combustion , which by joining with almost the whole kirke and kingdom , in the late covenant , we trust they may lawfully doe , without prejudice to the king's majestie , or to any lawfull iudicatorie , or to that confession of faith above mentioned : since the sound interpretation and application thereof , to the errours of our times , can make no substantiall change , and the band of mutuall defence , wherein we obliedge our selves , to defend the true religion , and the king's majesties person , and authoritie , against all persons whatsoever , is joined , at first , with the confession of faith. lyke as his majesties commissioner objecting , that our covenant was suspect , to be an unlawfull combination against authoritie , and to be the main hinderance of obtaining our desires , hath accepted , and was well pleased with our declaration ; bearing , that we have solemnlie sworne , to the uttermost of our power , with our means and lives , to stand to the defence of the king's majesty , as of god's vice-gerent , set over us , for the maintenance of religion , and ministration of justice . reply . vve have , reverend brethren , sufficiently considered and examined your answeres to our demandes , by which we expected full satisfaction to all our scruples and doubts concerning the late covenant : but truelie , in modestie and brotherlie love , we tell you , that your answeres ( what-so-ever you thinke of them your selves ) have not given us that satisfaction which we expected . we know that some who rashly condemne every thing which is said or written contrary to the cause which they maintaine , will boldly say of us , that we have closed our eyes against a cleare and ingyring light : but first , we say with iob , our witnesse is in heaven , and our recorde is on high . that lord who only seeth the secrets of hearts , knoweth , that we love his trueth , and are ready so soone as it shall be shown unto us , to embrace and professe it before the world. next , we appeale to the consciences of all impartiall readers , who shall have occasion to weygh and consider maturelie the weight of our arguments , and of these answeres which it hath pleased you to give us : wishing them , yea , most humblie and earnestly intreating them , to judge both of your writtings and ours , without prejudice , or any partiall respect . yea , we are confident , that ye also , o● whose love to the trueth of god we are perswaded , will after better advysement , and more mature consideration of the matters debated , acknowledge , that we are not against the trueth , but for it . the lord open your eyes , that you may clearly see , that trueth for which we stand . wee objected to you , reverend brethren , that you had not a calling to urge us to the subscription of the late covenant , from anie acknowledged authority , or lawfull judica●●rie established in this church or kingdome : to which objection ye answere no● here particularlie , as we expected . and whereas you say , that you are come to exhort us , and our people , in all humilitie , to joyne with you ; how is it , that without our consent , and against our will , not having lawfull authoritie , which you seeme here not to acclaime to your selves , you have publicklie preached to our people , within our congregation ? which is a thing rep●gn●nt to those places of scripture , in the which the spirit of god recommendeth to elders , or pastors , the care of those flockes , over which the holy ghost hath made them overseers , acts 20. 28. 1. pet. 5. 2 as also telleth us , that the pastors whom the flocke must know , and to whom they must submit themselves , doe watch over the soules of that flock , and must give account for them , 1. thessal . 5. 12 hebr. 13. 17. it is also con●rarie to the lawes of the christian church in all ages . for by the ancient canons , pastors are commanded , to containe themselves within the limites of their own charge ; and not to presume to exercise pastorall office in another pastors diocesse , or parioch , without leave : as also , they forbid pastors , to receive to divine service , anie man of another pariochin , that commeth in contempt of his own pastor . concil . nicen. ● . oecum . 1. can. 16. concil . 2. oecum ▪ constantinop . can. 2. concil . carthag . 2. can. 11. concil . carthag . 3. can. 20. concil . chalced. oecum . 4. can. 13. concil . nicen. 2. can. 10. concil . tribur . can. 28. concil . nannet . cap. 1. & 2. † 2. we did not without reason say , that you , and others of your confederation , enforce your interpretation of the negative confession upon others ; seeing we heare , that some pastors and prelates are forced to flee to forraygne countreyes , for fear of their 〈◊〉 because they have refused the said interpretation ; and those 〈…〉 ave stayed in the countrey , dare scarcelie appear in the h 〈…〉 , or streets , and are threatned , that their stipends shall not 〈◊〉 unto them , untill they subscrive your covenant . † 3. whereas you doe in brotherly love exhort , and entreat us , to contribute our best endeavours for extinguishing the common combustion , we praysing god , for your pious zeale , and for the lovingnesse and modesty of your speeches , ( wherein , by god's help , we shall labour to keep correspondence with you ; that both we and you may show ●●● selves , to have learned of christ , meeknesse , and lowlinesse of heart ) we most willingly promise to doe so , by all means which our consciences will permit us to use , as also to joine our most humble and hearty prayers with yours , that it may please god in this dangerous exigent , to doe good in his good pleasure , to our sion , and to builde up the walls of our ierusalem . † 4. we may justly say , that this new covenant is substantially different from the old , which was made anno 1581. in respect it not onlie containeth that old covenant , or confession , which was allowed by two generall assemblies , but also your interpretation of it , which , as yet , hath no such authoritie , or approbation . † 5. no band of mutuall defence , against all persons what-so-ever , is expressed in the covenant made 1581. and altho it were , yet the case is very unlike : for subjects may make such a covenant of mutuall defence , by armes , with the consent of the king , who only , under god , hath the power of armes , or of the sword , in this kingdome . but they who made this late covenant , had not his consent , as that former or olde covenant had : which is a thing so evident , that no man can call it in question . † 6. as for that which you affirme here , that my lord commissioner his grace was well satisfied with your declaration , it becommeth not us , to pry narrowlie into his graces doings : but truely we have more then reason , to pry most narrowlie into the words of a covenant , which is offered unto us , to be sworne , and subscrybed , lest we abuse , and prophane the sacred name of god , and tye our selves to the doing of any thing which is displeasing unto him . last of all ; whereas ye desire us , to joyne our selves to you , and to the rest of your con●ederacie , who are ( as you affirme ) almost the whole church and kingdome , truely we cannot but reverence such a multitude of our reverend brethren , and deare countrey-men , and are ready to be followers of them , in so farre as they are followers of christ : but neither can we doe any thing agaynst the trueth , neither can we attribute so much authoritie to their multitude , as otherwise we would , in respect there hath been so much dealing for subscriptions , in all quarters of this kingdome , and so manie have beene threatned , to give their consent , as we are most credibly informed . the second demand . whether or no we ought to subscryve the foresaid covenant , seeing all covenants of mutuall defence , by force of armes , made amongst subjects of any degree , upon whatsoever colour or pretence , without the king's majestie or his successoures privitie and consent , are expreslie forbidden by king james of blessed memorie , and the three estates of this kingdome , in the parliament holden at linlithgow , anno 1585 ? answere . the act of parliament forbiddeth in the first part , leagues and bands of maintenance privilie made , such as are called bands of manrent , as the act in queen maries time , to which it hath relation , doeth beare . and in the second part , only such , as tend to the publick ▪ disturbance of the peace of the realme , by moving sedition . but no act of parliament doeth discharge , nor can any just law forbid , conventions or covenants in the generall ; or such covenants in speciall as are made with god , and amongst our selves ; not for any mans particular , but for the common benefite of all ; not to move sedition , but to preserve peace , and to prevent trouble : which by all probabilitie had been to many , before this time , too sensible , if this course had not been taken . conventions and covenants ( in the judgement of jurisconsults ) are to be esteemed and judged of , according to their diverse ends , good or bad : which made king james of happy memory to take it for an undoubted maxime , that pro aris & focis , & pro patre patriae , the whole body of the common-wealth should stirre at once : not any more as divided members , but as one consolidate lumpe . replye . in that second part of that act of parliament holden at linlithgo , anno 1585. are forbidden , all leagues or bands of mutuall defence , which are made without the privitie and consent of the king , under the pain to be holden and execute as movers of sedition and unquietnesse , &c. wherefore we can no wayes thinke , that any bands or leagues of mutuall defence , by force of armes , are there permitted , ( that is , not forbidden ) seeing first the words of the act are so generall , for in it are discharged all bands made among subjects of any degree , upon any colour what soever , without his highnes , or his successours , privitie and consent had and obtained thereunto . next ; all such bands are declared to be seditious , and perturbative of the publicke peace of the realme : or , which is all one , are appointed to be esteemed so . and therefore , we can not see how any bands of that kynde can be excepted , as if they were not seditious . 2. we doubt not , but the late covenant being considered , according to the maine intention of those pious and generous gentle-men , barrons and others our dear countrey men , who made it , especially our reverend brethren of the holy ministery , is a covenant made with god , and proceeding from a zealous respect to god his glory , and to the preservation of the puritie of the gospell in this church and kingdome : but we cannot finde a warrand in our consciences , to grant , that such covenants , in so farre as they import mutuall defence , against all persons what-so-ever , none being excepted , no , not the king , ( as it seemeth unto us , by the words of your covenant , but farre more by the words of your late protestation , the 28 of iune ; wherein you promise , mutuall defence , against all externall or internall invasion , menaced in his majesties last proclamation ) are not forbidden by any band , nor justlie yet can be forbidden . for , first , we have already showne , that they are forbidden in the foresaid act of parliament , anno 1585. 2. no warrefare ; and consequentlie , no covenant , importing warrefare , is lawfull , without just authoritie , which , we are perswaded , is only in the supreame magistrate , and and in those who have power and employment from him , to take armes : yea , so farre as we know , all moderate men , who duely respect authoritie , will say , that it is so in all kingdomes , and monarchies , properly so called : ( of which nature is this his majesties most ancient kingdome , ) and , that it is altogether unlawfull to subjects in such kingdomes , to take armes against their prince . for which cause , that famous and most learned doctor rivetus , in a late treatise called iesuita vapulans , speaking of the judgement of buchannan , and others , who taught , that subjects might take armes against their prince , in extraordinary cases , and extreame dangers , of the religion , and common-wealth , professeth first , that he , and all other protestants , condemne such doctrine . secondly ; that this errour did proceed from a mistaking of the governement of the scotish kingdome , ●s if it were not truely & properly monarchical . thirdly that the rashness of those wrytters , is to be ascrybed partlie to the hard and perilous times of persecution , wherein they lived , and partlie sc●t●r●m praef●rv●do ingenio , et ad audendum prompto . thus he wry●e●h in the 13. chap. of the said booke , pag. 274. and 275. answering to the re●rimination of ● iesuit , who had affirmed , that b●c●a●na● , knox , and goodman , had written as boldlie , for the rebellion of subjects against princes , as any of their order at any time load done . a thing much to be noted by us at this time , lest we any more give that advantage to iesuites , to make apologie for their rebellious doctrines and practises . 3. not only making of covenants , but also all other actions , are to be esteemed and judged of , first , by the equitie of the subject , and matter ; then , by the ende : for if the matter pactioned ( that is , which the parties mutuallie doe promise ) be justlie forbidden , by a lawfull authoritie ; and consequentlie be unlawfull in it selfe ; then the goodnesse of the ende , or project , can not make the paction , or covenant , to be good , or lawfull . the third demand . if it be alleadged , that in extream and most dangerous cases , such acts of parliament may be contraveened , quaeritur , whether there be now such extream case , seeing we have his majestie , in his former proclamations , avowing , protesting , declaring , and in this last proclamation taking god to witnesse , that he never intended any innovation of religion ; and also seeing he hath removed already all that which made men feare novations , to wit , service booke , booke of canons , and the alleadged exorbitancie of the new high commission . answere . if the removing of the service booke , booke of canons , and the limitation of the vast power of the high commission , contayning so much superstition , and tyrrannie of prelates , be a benefite to this kirke and kingdome , we ought , under god , to ascrybe the same to the peacable meettings , humble supplications , and religious covenanting of the subjects ; which have given information to his majestie , and have procured from his justice and goodnesse , so great favour , as is thankfullie acknowledged in the last protestation : which doeth also expresse the many particulars , wherein his majesties late proclamation is not satisfactorie . and therefore , the lords of his maesties privie counsell , upon the supplication and complaint of his liedges , were moved to rescind the act of the approbation , of the foresaid proclamation , and to rent the subscrybed missive , which was to be sent therewith to his majestie , we are consident , that the declaration wherewith his majesties commissioner was so well pleased , will also give satisfaction to our reverend brethren ; and that they will not thinke it convenient for them to give further approbation to the proclamation , then the counsell hath done , although all of us ought , with thankfulnes , to acknowledge his majesties benignitie . replye . we will not here dispute what hath been the maine or principall cause moving his sacred majestie to discharge the service-booke , and other things which occasioned the present perturbation of our church ; nor yet whether or not his majesties proclamation may give full satisfaction to all the feares and doubts of his subjects . for our selves , we professe , that upon his majesties declaration , and gracious promise contained in his majesties last proclamation , we believe , first , that his majestie never intended innovation in religion : secondlie , that he will maintain the true protestant religion , all the dayes of his life : which we pray god to continue long . thirdly , that all actes made in favours of the service-booke , &c. are discharged . fourthly that he will never urge the receiving of the service book ▪ book of cannons &c. or anie other thing of that nature , but by such a faire and legal way , as shall satisfie all his subjects . and thence we doe collect , that which we affirmed before , to wit , that ther is no such extraordinary or extream case , as might give occasion to subjects to make such a band , as is directly forbidden by the foresaid act of parliament , and to contraveane it in such a manner , as may seem to import a resisting of authoritie by force of armes . the fourth demand . concerning that interpretation of the negative confession , which is urged upon us , & wherin the articles of pearth , & episcopacy are declared to be abjured , as well as all the points of popery , which are therein expresly and distinctly mentioned ; quaeritur , who are the interpreters of that confession ? that is , whether all the subscrivers , or onely those ministers conveened in edinburgh , in the end of februarie , who set it down ? if all the subscrivers ; then what reason have we to receive an interpretation of that confession from laicks , ignorant people , and children ? if onely those ministers conveened then in edinburgh ; then , seeing no man should take an honour to himself , but he who is called of god , as aaron , hebr. 5. 4. what power and authoritie had they over their brethren , to give out a judiciall interpretation of these articles of faith , and to inforce their interpretation of these articles upon them . answere . the subscrybers are here misinterpreted in two poyntes , very materiall : one is , that they presume upon power , or authority , which they have to give out a judiciall interpretation of the articles of the confession , and to enforce the same upon others : whereas they onelie intended , to make knowne their own meaning , according to the minde of our reformers ; and in charity to propound and recommend the same to others , who might be made willing to embrace it : although it be true also , that very great numbers of ministers were conveened , and testified their consent at that time : and although the private judgement of those who are called laicks , ought not to be mis-regarded : for it is confessed , that an interpretation , which is private ratione personae , may be more then privat ratione medii . the other , which being observed , will answere diverse of the following demands , that the articles of pearth , and of episcopal government , are declared to be abjured , as points of popery , or as popish novations : wheras the words of the covenant put a difference betwixt two sorts of novations : one is of such , as are already introduced in the worship of god and concerning those , whatsoever be the judgement of the subscryvers , which to every one is left free , by the words of the covenant they are onelie bound , to forbear the practise of them , by reason of the present exigence of the kirke , till they be tryed , and allowed , in a free generall assemblie . the other sort is of such novations , as are particularlie supplicated against , and complained upon , as the service-booke , and canons , &c. which are abjured , as containing points of poperie . and this we avouch , from our certain knowledge , to be the true meaning of the controverted words of the covenant . and therefore , humbly entreat that no man any more , upon this scruple , with-hold his testimony ▪ replye . as for the first of these two miss-takings : if you have not given out that interpretation of the negative confession judicially , but only have made known your own meaning , according to the minde of the reformers , as you alleadge , then , first , your interpretation hath no obligatory power over others ; and consequently you ought not to obtrude your interpretation upon us more then we doe our interpretation thereof upon you . neither ought any man to be molested , or threatned , for not receiving your interpretation ; chiefly seeing all who are of your confederation have so solemnly vowed , and promised , to be good examples to others of all godlinesse , sobernes , & righteousnesse , and of every duty which you owe to god and man. secondly , as for the minde or judgement of our reformers , we know no evidencie of it , having publicke authoritie , to obliedge the subjects of this kingdom , except that which is expressed in our nationall confession of faith , ratified in parliament twentie yeares before the negative confession was penned : wherein we finde no warrand or ground of such interpretation as you bring . thirdly , the interpretation of the negative confession , set down in your covenant , as it is not publicke ratione personae , so also not ratione medii : for it hath no warrand , for ought we could ever perceive , either from the word of god , or from the testimony of the ancient church , or from the consent of other reformed churches , or from our nationall confession , registrated in parliament . as for the second misstaking , o● miss-interpretation of the words of the late covenant , first , we marvell , that a generall covenant appointed to be subscrived by all , learned and unlearned , should have been set down by you in such ambiguous tearmes . for , truely , all men here , even the most judicious , doe so take your words , as if the articles of pearth were in them abjured . 2. wee have again more attentively examined the words of the late covenant , and doe evidently perceive by them , that in the said covenant , the articles of pearth , and episcopacy , are condemned , and abjured , as erronious , and damnable corruptions . for where you professe , and before god , and his angels , and the world , solemnlie declare , that you shall labour , by all means lawfull , to recover the liberty and purity , of the gospell , as it was established and professed before the foresaid novations : we aske you , what is that period of time , to which your words have reference , when you promise to labour , to recover the puritie and liberty of the gospell , as it was professed & established before the foresaid novations ? if you mean that period of time , when the service-booke , and book of canons , were urged upon you ; to wit , the last year by-past in summer , then you acknowledge , that all that time you enjoined the purity and liberty of the gospell ; and consequently , that you yet enjoy it ; for no new thing hath since that time been publicklie received , and practised in this church . if you meane ( as undoubtedlie we thinke you doe ) the time preceeding the bringing in of episcopacie , and the acts of pearth , then you comprehend both episcopacie and the acts of pearth , under these novations ; for the removing whereof , you promise , to labour , according to your power : and consequentlie doe dis-allow and condemne them , even before they be tryed in a free assemblie , and before they be heard who maintain & approve them as lawfull . 3. we may evidentlie demonstrate this , argumento ad hominem , as we say in the schooles : for those rites and ceremonies , which are abjured in the negative confession , are also abjured in your late covenant ; which , as you say , is all one with the negative confession , or with the covenant made 1581. but the rites and ceremonies which were concluded in pearth assemblie , are abjured , as you say , in the covenant made 1581. and therefore they are also abjured in this your late covenant . the first proposition is evident : for in your late covenant , speaking of the oath contained in that olde covenant , which was made anno 1581. you professe , that the present and succeeding generations in this land , are bound to keep the foresaid nationall oath , as you call it , and subscription , unviolable . the second proposition also cannot be denyed by you : for , these twentie yeares by-bast , you have accused those who conformed themselves to the ordinances of pearth , of perjurie ; and that because they had violated the oath made anno 1581. in the which those articles ( as you alleadge ) were abjured . but perhaps you will say to us , that wee thinke those things not to be abjured in that oath made anno 1581. and therefore wee may swear , and subscrive your late covenant ; and , not-with-standing of our oath and subscription , be tyed onely to the forbearance of the practise of pearth articles for a time . we answere , first : the words of an oath should be cleare , and plain : or , if they be any wayes ambiguous , the true sense of them should be so declared , and manifested , that all may know it . 2. an oath is to be given , according to the minde and judgement of him that requireth it . and therefore , seeing you who require this oath of us , thinke the rites or ceremonies concluded at pearth , to be abjured in that oath made anno 1581. how can we sweare and sub●rive your covenant , which reneweth the foresaid oath , and bindeth us to it ? 3. if we should sweare , and subscrive the negative confession , as it is included in your covenant ; then ye , who thinke the articles of pearth to be abjured , and condemned in the negative confession , will thinke us tyed , by our own personall oath , to condemne the articles of pearth . 4. seeing this covenant was penned by you , who have hitherto not conformed your selves to pearth assemblie , and have opposed episcopacy , and seeing you all condemn episcopacy , as if it were that popish or wicked hierarchy , mentioned in the negative confessiō ; as also esteeme the thinges concluded in pearth assemblie , to be idolatrous , or superstitious , how can we thinke , that you in your solemne vow made to god , for reformation of this church , and resisting , in times to come , the novations & corruptions of it , have passed by these things , which are the onely novations already introduced by authority , and from which , as you affirme , the church hath so great need to be purged : chiefly , seeing ye think them as popish superstitious & idolatrous , as ye doe these other novations , which are not as yet introduced . 5. if in all your supplications , plaints , and protestations , ye have onelie sought the removing and discharging of the service booke , booke of canons , and the new high commission , not complaining of any other novations ; and seeing his majestie hath discharged the first two , & hath promised to rectifie the third , or last of them ; then , what reason have ye to thinke , that his majesty hath not satisfied your supplications ? for , all the novations , upon which you complained , are removed by his majestie , and ye have his princely promise , that no further shall be urged upon us , but by such a faire and legall way , as may fatisfie all his subjects . 6. as for that which your covenant , by your own confession , requireth of us , to wi● , the forbearance , and abstinence , for a time , from the practising the articles of pearth ; we professe sincerelie , and in the sight of god , that our conscience will not suffer us , to subscrive that part of your covenant ; and that because lawes being standing for them , and our lawfull superioures requyring obedience from us , by practising them , to sweare forbearance of the practise of them , is to sweare disobedience , and , to wrong their authority . 7. how can we , with a good conscience , abstaine presenly from private baptisme , and private communion , being req●yred thereunto by sicke persons , and those parents whose children cannot be carried to the church commodiouslie with their lives ; seeing we thinke it a thing very unlawfull , in such cases , to refuse to administrate those sacraments in private houses . no● that we thinke , that god hath tyed himself , or his grace , to the sacraments ; but because he hath tyed us unto them , by his precept : and , not to use the means appoynted by god , when our people , or their children stand in need of them , is a contempt of the meanes , and a tempting of god. the fifth demand . whether or no we can sincerely , and with a good conscience , subscrive the negative confession , as it is expounded and interpreted by the contryvers or authors of the late covenant , seeing it maketh a perpetuall law concerning the externall rites of the church , which god hath not made , as if these rites were unchangeable ? and how they who both sweare the positive confession , and the negative , thus interpreted , can eschew contradiction , seeing the positive confession , chap. 21. evidently declareth , that these rites are changable , according to the exigencie of time ; and consequently , that no perpetuall law may or ought to be made concerning them ? likewise , we would know , how it can stand with trueth , to abjure all these rites , as popish ▪ which are used in the church , without divyne institution , expressed in god's word ; seeing even these who urge the covenant , practise some ceremonies which are not mentioned in god's word , as the celebration of marriage before the church , in the beginning , or at the end of divyne service , with all the particulars of it , and the stipulation of fathers and god-fathers , for the childe in baptisme , which are not meere circumstances , as they use to distinguish , but also ceremonies , properlie so called ? answere . the late covenant maketh not a perpetuall law concerning the externall rites of the kirke , as if they were unchangable : but , as we have sayde before , onlie bindeth us , for a tyme , to forbeare the practise of innovations already introduced , and doth not determine whether they ought to be changed , or not . 2. according to this true interpretation , all appearance of contradiction betwixt the confession of faith insert in the act of parliament , and the latter confession , is removed , beside that the article 21 of the confession of faith , giveth power to the kirke , in matters of externall policie , and order of the worship of god , is expounded in the first booke of discipline , distinguishing betweene thinges necessarie to be observed in every kirke , and thinges variable in particular congregations . 3. we declare againe , that the covenant doeth not abjure pearth articles , as popish , and thinketh not tyme now to dispute of significant ceremonies , or other holy rites , and whether the two particulars named be ceremonies , or not : since the confession condescended upon on both sides , abjureth rites , which are added without the word of god. replye . first , we have already told you , that we can not subscrive your oath of forbearance of the practise of the articles already introduced , without violation of authority , and of wronging our own consciences , who thinke private baptisme and communion , not to be indifferent , but also necessarie , in some cases , not indeed , necessitate medii , as if god's grace were tyed to the externall means , but , as we say in the schooles , necessitate praecepti , because we are commanded to use these means . 2. this late covenant leadeth and bindeth us to the old covenant , made 1581 ▪ and that old covenant bindeth us perpetually to that discipline which was then ; that is , ( as ye alleadge ) to the whole policie of the church , comprehending all the externall rites of it : and so , à primo ad ultimum , this late covenant bindeth us to the whole policie of the church , which was then ; and consequentlie maketh a perpetuall law , concerning externall rites of the church , as if they were unchangable , all partes of this argument are sure : for by your late covenant , you professe your selves bound , to keepe the foresaid nationall oath ( as you call it ) inviolable : and that oath , or covenant , bindeth us , to continue in the obedience not only of the doctrine , but also of the discipline of this kirke . where by the discipline of the kirke , ye understand ( as ye have in all your wrytings professed , especialie of late , in your booke enti●uled , a dispute , against the english popish ceremonies . part. 4. cap. 8. sect. 6. ) the whole externall policie of the church , as it was at that tyme ; to wit , anno 1581. yea , you confesse , that no other thing can be understood by the discipline of the kirke , but that which we have said already ; and consequently we shall be tyed by that oath which you requyre of us , to admit and practise no other rites and ceremonies , but such as were then received in our church . we can no wayes passe by this , seeing ever since the assemblie of pearth , in your publicke sermons , and printed bookes , ye have most vehemently accused us of perjury , as violating the oath , or covenant , made anno 1581. and that in respect we have admitted into the church , some rites , or ceremonies , which were not in it the foresaid yeare of god. is not this to make a perpetuall law , concerning the externall rites of the church , as if they were unchangeable , and to abjure the practise of all rites introduced in the church since that time ; and consequently the practise of the articles of pearth , and that not for a time onelie , but for ever ? 3. seeing the negative confession , according to your minde , and conception of it , maketh the whole externall policie of the church , as it was anno 1581. to be unchangable and on the contrarie , the confession insert into the acts of parliament , declareth , that the rites belonging to the externall policie of the church , are changable ; how can you escape a contradiction , if ye receive both these confessions ? 4. whereas by that distinction mentioned in your answere , of things necessary to be observed , and of things variable in particular congregations , ye insinuate that by the keeping of the discipline of the kirke as it was then , to which we are bound in the old covenant , ye understand the observation of those things which are necessary to be observed in every kirke , and not of thinges variable in particular congregations : we aske , into which of the members of this distinction ye referre episcopacie and the articles of pearth ? that is , whether they most necessarilie be omitted in all churches , and at all times , or not ? if ye say , that they must be necessarilie omitted , and that the negative confession , confirmed with an oath , doth tye us to the omission of them ; then both ye would make us to sweare , and subscrive against our consciences , ( for we are perswaded , that these things are lawfull ) as also ye would make us to abjure episcopacy , and the articles of pearth , in perpetuum ; which is ●latlie contrary to your ▪ declaration in your answeres , 1. 5. &c. if you say on the other part , that we are not tyed by the negative confession , to the omission of these things ; then , why have ye , in all your wrytings against us , exprobrate to us , perjurie , in violating of the oath con●ayned in the negative confession ? 5. we would gladly have known your minde , concerning the lawfulnesse of such rites as are nor of divyne institution , expressed in god's word . for we ingenuously professe , that none of your answeres ( which hitherto we have seen ) to the instances , or examples , brought by us , in our sift demand , of rites used by your selves ▪ in your churches , as lawfull , without divyne institution , ( to which we could adde many moe ) doe give us any satisfaction : nor yet , as we thinke , can give satisfaction to any indifferent man. as for example ; is blessing of marriages , a meere circumstance ? who can be so impudent , as to say ●o ? or , if it be a ceremony , what praecept or practise have ye of it in god's whole word ? if it be alleadged , that we have a warrand from that blessing pronounced gen. 1. 28. upon man and woman , after their creation ; we aske , by what consequence can that solemnitie of blessing of marriages used in our churches , with all the ceremonies of it , be drawn from that effectuall and operative blessing of our first parents , or rather of whole man-kynde ? is there here an institution of a perper●uall observance , or rite , to be used in the church , more then in the 22 verse of the same chapter , when god blessed the fowles , and fishes , and said , be fruitfull , and multiplie , and fill the waters in the seas ? &c. if againe it be answered , that pastorall benediction , is mentioned in scripture , first , what is that to blessing of marriages ? and secondly , why are not all other pactions , as well as marriages , blessed in the church , chiefly , seeing matrimoniall blessing hath been , & is , abused in the romane church , which holdeth , that marriage is a sacrament ; and consequently , matrimoniall benediction ought , as it would seeme , to be secluded from the church , rather then other blessings ? the sixth demand . whether or no it be fit to subscrive such an interpretation , as in matters of lawfullnesse , and unlawfulnesse ; and consequently in matters of faith , contradicteth the judgement of so many divines , most famous of the reformed church , both ancient and modern , ( who did , and doe holde , that these rites and ordinances brought into this church by the assemblie of pearth , are in their own nature lawfull , and such as ought not to make a stirre in the church of god ) and also condemneth the venerable practise of the ancient church , and the most eminent lights of it , even in those purest times , unto which we apeale against the papists in our disputes . answere . we trust , that no sound divyne , ancient or moderne , would in this case denye the expediencie of the forbearance of the practise of pearth articles . and further then this , nothing at this tyme is required . replye . your silence , in not answering that which we affirmed , concerning the judgement of divynes , ancient and moderne , of the reformed church , anent the lawfulnesse of the rites and ordinances , which were received in our church , by the ordinance of the assemblie of pearth ; as also concerning the judgement and practise of the ancient church ; doeth make us thinke , that ye acknowledge the trueth of that which we affirmed there . 2. we have already showne , that the oath which ye requyre of us , importeth more then the forbearance of the practise of pearth articles , for a tyme. 3. the forbearance of some of them , seemeth to us , to be meerly unlawfull , and contrary to that pastorall duetie we owe to our flocke . 4. the forbearance of any of them , considered with a relation to the authority enjoyning them , in our judgement , is plaine disobedience . the seaventh demand . whether it be agreable to charitie or pietie , to requyre us to abjure these rites as popish ; which in the sinceritie of our hearts , following the light of our conscience , ( whereof we take god to witnesse ) we have hitherto practised , as lawfull , and laudablie following the same light , doe yet practise them ? but suppose this might be requyred of us by any ; quaeritur , whether or no it becommeth them so peremptorilie , and upon such a suddentie , to urge us to this , who these by-gone twenty yeares , have desired earnestly to enjoy the freedome of their consciences in their ministerie , even in denying obedience to these things , and standing lawes for them ; and when they were urged to obedience , did so often protest , and earnestly request , that they might have a tyme , to be well enformed , and maturelie advysed of the matter , which to the most part of them was most graciously granted ? let them , therefore , looke to that naturall maxime , quod tibi fieri non vis , alteri ne feceris , and to our saviour's precept of the same sense , and almost of the same wordes , matth. 7. verse 12. answere . we hope , that such a forbearance of the practise , will prejudge the libertie of no mans conscience . replye . it would much prejudge our consciences , to sweare and subscrive the negative confession , taking it according to your conception and meaning , who requyre our oath . 2. how can we sweare , to labour , ( by all means lawfull , as ye require in your covenant ) to expell those thinges , whereof we holde some to be necessary , and all the rest , to be lawfull , and laudable ? the eight demand . whether it be fitting to sweare to defend the kings person and authority , with this limitation , in the defence and preservation of the true religion , lawes , and liberties , of this kingdome ? as if their persons ought not to be defended against all enemies , although as yet they embraced not the trueth : or having before embraced it , yet have fallen from it ; or as if their royall authority were not to be acknowledged , although commanding thinges unlawfull ; and as if we were not subject thereto , in yeelding to suffer under them , when we give not active obedience to them ? answere . 1. the answere of the first demand , may give satisfaction here . 2. the specification of the defending the kings person and authoritie , in the defence of the true religion , lawes , and liberties of the kingdome , is warranded by the confession ratified in parliament , by other acts of parliament , by the other confession , and by the generall band joyned with it . 3. no man will with-holde his subscription from the covenant , because it doth not , as it intendeth not , to expresse ever●● duetie we owe to the kings majestie , as if the not naming , were a denying of the duetie . reply . what ye have replyed in your answere to our first demand , we have examined , in our confutation of your answere . 2. if ye consider well all the circumstances of the making of your covenant , ye will finde that it had not been amisse , at this time , to have expressed more fullie the loyaltie of your intentions , to maintaine the kings person and honour . next , it is necessarie to expresse it yet more fully , for our cause , whom ye require , to sweare & subscrive your covenant ; lest we doe any thing , in this matter , with a doubting conscience , ( which is a grievous sinne ) that is , doubting whether or no we are tyed by our oath , to maintain the kings authority , onelie in so farre , as it is imployed in the defence of the foresaid true religion ; or , at lest , as it is not imployed against it . for it seemeth to us unlawfull , to sweare the maintenance of the kings authority with this limitation precisely . and if ye be of a contrary mynde , we are most willing to confere with you of this point . the ninth demand . vvhethere or no we can sincerely sweare to maintaine the authority , truelie and properlie monarchicall of the king ; and withall sweare also disobedience to these articles , which are authorized by his standing lawes , and to maintaine the meanest of his subjectes against him , in their disobedience of his lawes , as yet standing in vigour concerning these thinges ? answere . 1. the answere to the first demand , is usefull here also . 2. forbearance of practise , for a time , in such a case , is rather obedience , then disobedience : for example , kneelling was thought convenient , because all memorie of superstition was past , should it not therefore be forborne , because superstition is now revived , and flagrant ? they who practise , keep the letter of the law : but they who forbeare , keep the life and reason thereof . replye . your covenant requireth more of us , then the forbearance of the practise of pearth articles , as we have often times declared . 2. we have also showne , that the forbearance of obedience , to standing lawes , without licience of superiours , and contrarie to their commandement , especially if it be done by deliberation , and if men tye themselves , by an oath , to do so , is manifest disobedience . 3. the article of pearth , anent kneeling , was not grounded onelie , nor yet principally , upon that narrative which ye mention ; but rather upon the conveniencie and decencie of the gesture of kneeling , in the receiving of the holie sacrament : which reason doeth yet continue ; as also the other reason which ye mention , holdeth yet : for the bodie of the people of this church , were never papists ; and , consequently , have no memorie of popish superstition , as those who lived in time of reformation . 4. we can not see , nor conceive , how a vow and band , of maintaining the meanest subject of this kingdom , against all persons whatsoever ; and consequently , against the king himself , as we have showne in our second replye , in disobedience of his lawes , can consist with that love , reverence , and subjection , which we owe to our king . neither have ye brought any thing in your answere , to satisfie us in this point . and because ye alleadge , as we heare , that ye are mistaken in this point , and doe vindicate your selves , by those words of the covenant , wherein ye promise to maintain the kings authority ; we pray you to expresse your minde more fully , concerning it ; and to showe us , 1. what ye meane by mantaining the kings authority , in that part of your covenant , wherein ye expresse your loyall intention , to maintain the kings person and authority ; and in speciall , whether or no the maintaining of the kings authoritie , be taken by you , as it excludeth all resisting of his authority , by force of armes , even although he should command thinges unlawfull , and contrarie to the trueth ? for so we thinke it should be taken : and that it should be so taken , we are ready to demonstrate . neither can we sweare it in anie other sense . 2. whether your promise , of mutuall defence , in the same cause of maintayning the true religion , and his majesties authority , &c. ought to be understood , of the maintaining the kings authority absolu●elie : that is , whether he maintaine the true religion , or no ? or , on the contrarie ; if it ought to be understood , of the maintaining the kings authority conditionally , in so farre as he maintaineth the true religion , and not any other wayes ? if you say , that it is to be understoode the first way , we assent to that part of your covenant , and have no more scruple anent it , except that one , which we mentioned in our reply to your second answere : to wit , that the words of your protestation , seeme to import more ; and , that your paction , or covenant , is made without the kings privitie , and consent . if ye say , that it is to be understood the second way , then we continue urging our foresaid demand : to wit , how a man can maintaine the kings authority , and withall maintaine the meanest of his subjects , in resisting his authority ? and how we can be said , to stand for the kings honour , when we vowe and promise , to doe that which hee himselfe professeth to be against his honour ; and which , in the common judgement of men , is thought to be so ? the determination of this point , is more then necessary , at this tyme : and , therefore , let us in sinceritie , and brotherly love , conferre of it ; that the consciences of others who doubt of this , may receive satisfaction . the tenth demand . whether or no we ought to sweare to such a covenant , which taketh away from us all hope of a free assemblie , or parliament , to judge of the matteres presently debated ? for how can these vote freely of any matter propounded to the decision and deliberation of the church and estate ; who have already sworne to adheere to one part of the question ? and how can those who dissent from them , submit themselves to their judgement , chiefly seeing they are possessoures , and have lawes civill and ecclesiastick , standing as yet for them ? answere . we perceive , that this tenth demand , is made of the articles of pearth ; therefore we answere as before ; that we promise onely forbearance , which can prejudge no mans liberty in a generall assembly . replye . we have showne , that your covenant and oath , importeth a manifest abjuration of the articles of pearth : and therefore , the swearing of it doeth manifestly prejudge the liberty of voting in a nationall assembly : for , how can they freely either reason in an assembly , concerning episcopacy , and the articles of pearth ; or else , give their judgement , without prejudice , concerning them who have already promised , sworne , and vowed , first , to adheere to the discipline of the kirke : that is , ( according to your interpretation ) to the whole externall policie of the church , as it was 1581. 2. to labour , by all meanes lawfull , to remove , and expell , all those rites , and ordinances , which have come into the church since the foresaid year of god ; that the church may be restored , to the liberty , and purity , which it then had . whereby ye declare , that the foresaid articles and episcopacy , are contrary to the liberty , and purity , of the church ; and consequently , ye are tyed , by your oath , to vote against them , if ye be called to the intended assemblie . the eleventh demand . whether our subscriving , together with our people , to the confession of this nation , which is ratified and registrated in parliamēt , ann. 1567. may give full satisfaction to all who doubt of the sincerity of our profession , if so be they have no farther aime , but only to know and see our willingnesse , and constant resolution , to adheere to the religion presently professed , and to oppose all erroures contrary to it , to our lives end ? now , seeing we are willing to doe this , as we take god to witnesse , we are , how are we hated , maligned , and traduced as enemies of the trueth , only because our consciences doe not suffer us to subscrive to that interpretation of the negative confession insert in the covenant , ( concerning which we can see no warrand of the trueth of it , nor lawfull authority binding us to it ) and to the politicke , or rather military part of that covenant , which is a thing without the compasse of our calling , and not belonging to that contending for the faith once delivered to the saints , of which s. iude speaketh in his epistle . answere . since no other meane could be found so effectuall , for holding out of poperie , and forbearing of dangerous novations in religion , such as the service booke , and canons , which as yet are onelie discharged , till in a faire and legall way they may be introduced ; and are by no word of the late proclamation disallowed although the service book , by the proclamation , february 19. be highlie praised , as serving to edification , and to beat out all superstition : and nothing in this application is abjured , but what was abjured in the former ; why shall we fobeare to use a meane so just , and so powerfull , for the preservation of the puritie of religion ? replye . here ye doe not particularlie answere to our demand , and seem unwilling to give that testimony of us , your brethren , concerning our sincerity in professing of the trueth ; which , all who know and judge unpartially of us , doe thinke to be due to us . it is sufficientlie knowne , what paines we take , in disputing and writing against papists , in confuting their erroures in our pulpits , in leading processe against them , according to the order of the church , and in doing all thinges against romish erroures , which can be expected from the most zealous professoures of the trueth . if ye , or anie other of our reverend brethren , doubt of the sincerity of our profession , then pose us concerning any article contraverted , and we shall be most ready to declare our minde concerning it before all men , and give a sufficient proofe to the worlde , that we have pryed as narrowlie into the misteries of romish erroures , for refutation of them , as any of those who impiously , and uncharitablie traduce us , as favourers of poperie . 2. we have other means , more effectuall , and lawfull , ( whereas we thinke this your meane to be unlawfull ) for holding out of poperie : and in which we ought to conside more , then in all the promises and vowes of men ; yea , also , more then in all the united forces of all the subjects of this land : to wit , diligent preaching , and teaching of the word , frequent prayer to god , humbling of our selvs before him , amendement of our lives , and conversations , and arming our selves against our adversaries , by diligent searching of the scriptures , and using all other means , whereby we may encrease in the knowledge of the trueth , and in ability , to defend it against the enemies of it . 3. the subjects of this kingdom , at least a great part of them , either by their own inclination , or by the perswasion of others , have such an hard conceit of the service booke , and canons , that if his majestie use a faire and legall way of bringing them into this church , especially such a way , as may give satisfaction to all his subjects , in all appearāce , we need not to fear the in bringing of them . the twelfth demand . whereas we heare of diverse disorders , and violent miscariages , of those who have subscrived the covenant , against our brethren of the holie ministrie , who continue in their obedience to the lawes of the church and kingdome ; which miscariages being done without all form of justice , or legall proceeding , are an exercising of revenge , by private authority , and consequently are forbidden in the sixt commandement ; which is one of the reasons which moveth us , not to joyne our selves unto their societie : we would gladely therefore know of our reverend brethren , who have come hither , to recommend the late covenant unto us ; first , whether or no they doe allowe these disorders ? 2. if they allowe them , what reason have they so to doe ? and if they allow them not , how is it , that these disorders and miscarriages , are not publickly by them , and other pastors of their confederacie , condemned , and sharplie rebuked in their pulpits ? why are the actors of them not tryed , and censured ? and why doe they delay to give out some publicke declaration , either in print or writ , to this effect , being long since exhorted to doe so ? answere . 1. hardlie can a zealous people assembled in a kirke for the worship of god , be kept from tumult , when bookes , and a worship which they either know , or conceive to be popish , are suddenlie , and imperious●ie obtruded upon them by the leaders : and how farre the keeping of the materiall kirkes from the pollution of worship , belongeth to the people , and communitie of he faithfull , should be considered . 2. violence done in other places , and upon other occasions , we no more allow , then we doe approve the aspersions of perjurie , rebellion , &c. which some men doe put upon us . replye . it belongeth not to the people , or community of the faithfull , to contemne authority , and the lords service , done in his owne house , on his owne day , so farre as to put violent hands in praelates , and pastors , in time of divyne worship , while they are practising those things which are enjoined by the king , and his counsell . such disorders , and contemptuous carriages , doe not beseem those whom christ inviteth to come to him , and to learn of him , meeknesse , and lowlinesse of heart ; chiefly , seeing there are many other wayes , whereby people may testifie their aversation of those bookes , and worship , which they conceive to be popish . if it be a sinne in parents , to provoke their children to wrath ; much more is it a sinne in children , to provoke their parents , especially patrem patriae , the common father of the countrey , so to wrath . 2. the keeping of gods house , from the pollution of worship , belongeth to those who are cloathed with lawfull authority . 3. we not onely asked of you , whether or no ye did allowe the miscarriages towards our brethren of the holy ministery , mentioned in our demand ? but also , supposing that ye doe not allowe them , we asked , how is it , that those disorders , and miscarriages , are not publicklie by you condemned ; and rebuked ? why are the actors of them not tryed , and censured ? and why doe ye not give some publick document to the world , of your aversation of such miscarriages ? chieflie , seeing they are , as we have showne , a manifest transgression of the sixt commandement . we can not sufficiently marvell , that ye have keept up your myndes in this matter , and not answered to so important , and necessarie a demand . as for your complaint , of perjure and rebellion , &c. if ye mean the warning lately written to the subjects in scotland , ye shall knowe , that the author thereof himselfe is much displeased with any offensive asperitie , which hath beene found in some written copies thereof ; and hath already done that , for removing of that offen●● : which , we hope , shall give full satisfaction to all men . the thirteenth demand . how can we subscrive that covenant , without incurring many grievous scandals ; as first , the scandall of dissenting from other reformed churches , and famous divynes , the chiefe instruments of the reformation of the church in europe , who did hold these rites which are abjured in this late covenant , as meerly unlawfull , popish , and idolatrous , to be in their own nature , lawfull . secondly , the scandall of dissenting from antiquitie , and vilipending it altogether in matters of the externall policie of the church ; which we know , and have found by frequent experience , to be a thing that maketh manie papists more averse from our profession , then otherwise they would be . thirdly , the scandall of perjurie , which some of us can not escape , who did sweare obedience to the articles of pearth , and to our ordinarie , at our admission to the ministrie . answere . that threefold scandall ceasseth upon the right interpretation of the clause of the forbearance of the novations already introduced . replye . we have shown your interpretatiō of the clause of forbearance , not to be right , and have refuted it , we thinke , by the very wordes of your covenant ; so that none of these three scandalls can be eschewed by us , if we subscrive to your foresaid covenant . 2. suppose the other two might be eschewed , by that interpretation of the clause of forbearance , yet the third can not be eschewed , seeing at our admission we have sworne obedience to the articles of pearth , and to our ordinarie : wherefore , ye must either prove the articles of pearth , and episcopacy , to be unlawfull , or else , we can not , without violation of our oath , made at our admission , forebeare the practise of the foresaid articles , against the will of our ordinarie , and other our lawfull superioures . the fourteenth demand . last of all ; we pray these reverend and worthy brethren , to consider impartially , and charitably , seeing we have all these scruples in our minds concerning their covenant , as also seeing we are yet most confident , and assured , of the lawfulnesse of the articles of pearth , together with the lawfulnesse and venerable antiquitie of episcopall government , how we can , with a safe conscience , give our consent that they should preach in our pulpits , who come professedly to withdraw our people from that which we in the inmost thoughts of our soules doe embrace as lawfull ; and from that obedience which they doe owe to their gracious and pious soveraigne therein ; whos 's last proclamation hath given full satisfaction to us all , and much rejoiced our hearts , in respect he hath therein most solemnly , and by his oath declared , not onely his sincerity in professing the trueth , but also his pious resolution , to continue therein , and maintaine it constantly to his lives end , most graciously and wiselie removing these things which have occasioned the late perturbation of our church . we wish them likewise , to consider , how they can requyre this of us , seeing they would not ( we appeale their own consciences ) be content that they should be so dealt with themselves ; we meane , that any should goe up to their pulpits , and condemne their doctrine , and practise , and with-draw their people from that which hath been before recommended unto them as trueth . we conclude : exhorting earnestlie , entreating lovingly , and charging modestly , these , and all others , our reverend brethren , before god , and the lord jesus christ , who shall judge the quicke and the dead at his appearing in his kingdom , if there be any consolation in christ , if any comfort of love , if any fellowship of the spirit , if any bowells of mercies , to looke narrowlie to their own consciences , in these weighty matters ; remembring that of jeremiah , the heart is deceitfull above all things , and desperatly wicked , who can know it : to judge charitably of us their brethren ; remembering that of our saviour , iudge not , that ye be not judged : to deale with us in love and meeknesse , ( if so be they thinke us to have gone astray from the trueth ; which , god knoweth , we no wayes doe perceive ) remembering that of s. paul , if a man be overtaken in a fault , ye that are spiritual , restore such a one with the spirit of meeknesse : as also that of s. james , the wisdome that is from above , is first pure , then peaceable , gentle , and easie to be entreated ; full of mercy , and good fruits , &c. and last of all , to seek peace , and so to follow after it ; that this our deare native countrey be not exposed to a dangerous warrefare , and to all the wofull consequents thereof ; of which our hearts can not thinke , without trembling and horrour . answere . 1. nothing in the interpretation of the covenant , against the lawfulnesse of pearth articles , and of episcopall government . 2. we never intended to draw the meanest of the subjects , from that loyalty of obedience , which they owe to their soveraigne , and ours . 3. the counsell hath rescinded the approbation of that proclamation . 4. his majesties religious and righteous disposition , hath been to us a ground , and chiefe argument , of our hope of the hearing of all our petitions . 5. we have no desire to wrong our reverend and worthie brethren ; but rather to passe , in silence , the wrongs which we have sustained by them : and would approve our selves unto our god , and prove faithful in the imployments put upon us : earnestly desiring , that every eye may perceive the wonderfull worke of god in this land : lest any of us be found fighting against god ; and , that all of us may joine heart and hand , for the purity and peace of the kirke of ou● lord iesus christ , blessed for ever . julie 21. 1638. mr. alexander henderson , minister at leuehars . mr. david dickson , minister at irwing . mr. andrew cant , minister at petslig● . replye . there is too much , as we thinke , in your covenant , against the lawfullnesse of pearth articles . 2. your band of mutuall defence , against all persons whatsoever , may draw subjects , perhaps , to take armes against their king , ( which god avert ) and consequently from that loyalty of obedience , which they owe to their soveraigne , and ours ; except ye declare , & explaine your selves better , then ye have hither-to done . 3. what the most honourable lords of his majesties privy counsell , have done concerning the kings majesties last proclamation , is not sufficiently known to us , and farre lesse upon what grounds and motives they have ( as you say ) rescinded their approbation of the late proclamation . 4. his majesties religious and righteous disposition , hath been to us , and is , a maine ground wherefore we rest and relye upon his gracious proclamation , perswading our selves , that he intendeth not , nor never intended , any innovation in religion . 5. we shall labour , by all meanes , to eschew every thing , which in the least degree may wrong you , our reverend and worthy brethren . as for the wrongs already done by us to you , ( as yee pretend ) when-so-ever it shall please you to specifie them , we hope to give you full satisfaction , and to cleare our selves of that imputation . 6. the worke of god towards any nation , how strange and wonderfull so-ever it seem to be , is never contrary to his word : and , therefore , we feare not to be found fighting against gods worke , so long as we fight not against his trueth , revealed in his word . that all-seeing lord knoweth , that we mentaine his trueth according to the light of our consciences , and are ready to joyne heart and hand with you , for the purity and peace of this church , in every lawfull way , & course , as sincere lovers of trueth and peace . and now , brethren , before we conclude , againe we entreat you , and all others our deare countrey-men , especially our reverend bretheren of the holy ministrie , to judge charitablie of us , and of our proceedings at this time ; and in particular , of these our demandes , and replyes ; which , god is our witnesse , neither hatred of any mans person , nor love of contention , nor any worldly respect ; but only the conscience of our calling hath drawn from us . and as for our arguments for not subscriving , which are taken from our due subjection and obedience to our soveraigne , and his lawes , we protest , and declare , that they ought not to be so interpreted , as if we intended to accuse you , or others , our dear countrey-men , of disloyaltie towards our most gracious king ; or , as if our purpose were to lay any such imputation upon you : for they are only used by us , to show what the wordes of the covenant seem to us to import , and how we conceive of them ; as also , what maketh us so to conceive of them . we doubt not , reverend brethren , but ye know , that as we owe to you , and to your proceedings , the favourable judgment of charitie ; so we ought to judge of those thinges , which we are to sweare , and subscrive , with the strict and inquisitive judgement of veritie ; and consequently , we ought to ponder duely , and to propound particularly and fully to others , ( especially to those who requyre our oath and subscription , and undertake to satisfie our consciences there-anent ) all the doubts and reasons which make us unwilling or afrayde to give our subscription thereunto , iohn forbes of corse , doctor and professor of divinitie in aberdene . alexander scrogie , minister at old aberdene , d. d. william leslie , d. d. and principall of the kings colledge , in old aberdene . robert baron , doctor , and professor of divinitie , and minister at aberdene . iames sibbald , doctor of divinitie , and minister at aberdene . alexander ross , doctor of divinitie , and minister at aberdene . the ansvveres of some brethren of the ministerie , to the replyes of the ministers and professoures of divinity in aberdene ; concerning the late covenant 2. chron. 15. 15. and all juda rejoyced at the oath : for they had sworne with all their heart , and sought him with their whole desire : and he was found of them . to the christian reader . that you may know our proceedings , how we are brought upon the stage , and contrary to our expectation , are put in print . comming to aberdene , on fryday , the after-noon , we received the demands of our reverend brethren , that night late ; and , for the greater expedition ; without delay , we returned our summarie answeres on saturnday at night . on the lords day following , we desired to expresse our selves to the people in presence of the ministerie , but the pulpits and kirks were altogether refused ; and therefore in the most convenient place we could have , sub dio , and at such houres as were vacant from the ordinary exercises of publicke worship , we delivered our message in the audience of many . after our last sermon , towards evening , we found that our labour was not in vain in the lord : for dyverse persones , of speciall note , both for place and wisdome , with willing heart , and great readinesse of minde , did publicklie put their hands to the covenant . having the weeke following seene some parts of the countrey , [ where besides the presbyteries alforde and deere , who had subscrived before , the moderator , and dyverse of the presbyterie of aberdene , the presbyterie and people of turreff , after they were satisfied in some scruples , did also subscrive ] we returned the next saturnday to aberdene : where finding that some others had subscrived that weeke , we resolved to preach upon the morne . that night we received a replye , unto which before our returne home , we have made an answere . all these we desire may be unpartially considered : & if it shall please the lord , that any light shall come from our labour unto thy minde , let it bee as●ryved not unto us , ( who neither had time nor helps for such a taske ) but to the brightnesse of the trueth , and cause it selfe , and to the father of lights : to whome be all glorie . to our reverend brethren , the doctors and ministers of aberdene . that our answeres ( reverend and beloved brethren ) have not given you full satisfaction , as it may be imputed to our weaknesse , in the defence of so good a cause , so it may proceed also from your own prejudice against what could be said by us which we have some reason to suspect for two causes , one is , that your demands which we conceived to have been intended meerly for us , and were sent unto us from you in write , were published before our comming , in print , like as ye have now printed and published your replies before ye had seen our answeres unto that which we received from you last in write ; we having promised to the bearer , to returne an answere shortly ere we departed the countrey . this may seem rather to be a seeking of victory from prejudice , then a search of veritie for satisfaction . the other cause of our suspicion , is , that the groundes of our answeres to you , have proven satisfactorie to others , who for age and gifts of learning and understanding , are pryme men in this kirke and kingdome , and to whom modestly will not suffer you to preferre your selves . but whether our weaknesse or your prejudice be the cause , must be now judged by others , to whose view ye have brought us : whom therefore we with you heartilie desire unpartially to consider our first and second answeres ; wishing and hoping that partiality , prejudice , and all worldly respects and feares , laide aside , the naked trueth shall be seen of all her lovers . concerning your confidence of us , as we in love judge , that ye thinke not your selves ●o be stryving against the trueth ; so may ye conceive , that we can no more bee brought to your mynde , then wee can bee drawne from the profession of our religion , as it hath been reformed , sworne , and confirmed by the late and preceeding covenants , and from following the example of our religious reformers , and the manie worthies succeeding them in this kirke , who would have been glad to have seen the dayes which we now doe see : and for which we pray , that both yee and wee may be thankefull ▪ so shall it not be imputed unto us , that we have not discerned and used the day of the lords visitation : so shall we all rejoice together in the day of the lord . to the first replye . your experience in your disputes against the common adversary , wherein ye say ye are so frequent , hath ( no doubt ) taught you , how easie a matter it is to multiply objections against the trueth , and cause of god : and your selves knowe , that your objection against our calling , and the warrand of our comming to you , was framed , and published in print , before it was propounded unto us , and ere our answere could be had ; but so soone as we did heare your demands , we answered incontinent , in the humilitie and trueth of our mindes , that we were to obtrude nothing upon you , or your flock , by any particular authority , civill or ecclesiasticke ; but that we did come , in all meeknesse , to represent unto you the present case of this kirke , and in love to intreat you , to joine with us , for the peace thereof ; for which we trust , without wronging any lawfull authority , we may claim the warrand of the highest and greatest authority , although we had not been sent from almost the whole kirke and kingdom , lawfully conveened at this time , for the preservation of religion , and of the liberties and lawes of this kingdom , so sore shaken , by the usurpation of the prelates , and their favourers . let us consider one another , to provoke unto love , and to good works , &c. sayeth the apostle , hebr. 10. 24. and where ye object , that without your leave we preached within your congregation ; which is aggravated by you , as a heinous fault , both against scripture , and against the canons of ancient counsels , which ye have laboriously quoted against us ; we intreat you , to be more sparing , lest the guiltinesse , if there be any , reflex upon your selves : for your pulpits and kirks being denyed us ( not from any injurie done by us , but by your own determination , before our comming ) a necessity was laid upon us , to deliver our message in such places , as your courtesie did permit ; wherein no man will find , that we have failed , if he consider , first , that there is as wyde difference betwixt ecclesia turbata & pa●ata , the troubled and peaceable estate of a kirk , as is betwixt ecclesia constituenda , & constituta , and many things are necessary in the one , which perhaps are not expedient in the other . ye speake of the constitution of the kirke this yeare , as if ye had beene speaking thereof many yeares before this time . 2. that the word of god , and the canons of counsels , will have pastors so to care for their owne flockes , that they forbid them not , to care for the whole kirke , especially in the time of a common combustion . when the house is on fire , every man ought to runne to all rowms , where hee may quench it : when a laik stricketh up in a ship , every mariner , yea , every passenger , ought to labour to stop it . even he who is not universall pastor of the kirke , is pastor of the universall kirke : & the apostle hath taught us , that we are members one of another , rom. 12. 4. as all the members of one bodie being many , are one body ; so also is christ , 1 cor. 12. 12. that the members should have the same care , one for another , vers . 25. if some members of this kirk had not cared more kindly , in this time of cōmon danger , then other some have done , the whole body had been ere now dangerously , if not desparatly diseased . 3. that we made choise of such houres , for delivering our message , that the people might attend your ordinary times of publick worship ; which maketh your charge , of the peoples contempt , or ours , of your ministery , to be most unjust . in the second part of your replye to our answere to your first demand , ye might have made choise of words witnessing more respect to the most part of the kingdom now , ' and to the kirke in former times , then of a confederation , and negative confession : we know no other confederation at this time , but this same laudable covenant , which our progenitors , and many yet living , made with god , and amongst themselves , at the commandement of authority , and according to the example of the people of god in former times . neither is that short confession meerly negative , since the beginning thereof is affirmative , and doeth virtually containe the first large confession ratisied in parliament , 1567. 2. no pastors , in our knowledge , have either been forced to flee to foraigne countreys , or have been threatned with the want of their stipends , for the refusing their subscription : but this we have heard , that some of them have of their owne accord , gone to court , for procuring of protections against their creditors , and against the lawes , and duety of good subjects , have made lies between the king and his people . others we know have wilfully refused , to abide with their flock ; and being earnestly intreated by them , to attend their charge , have left them , and have gone out of the countrey , for no reason , but because the people had subscrived ; and , as ye knowe , that arguments have been taken from augmentation of stipends , to hinder subscription : so ye may knowe , that fear of worldly losse , rather hindereth men to subscrive , then scruple of conscience . the prelates flight , seemeth rather to have proceeded from inward furies of accusing consciences , or for fear of a storme , ( which being procured by their owne doing , may be easily prognosticated by them ) then from the inforcing of subscription of the covenant , which in our knowledge was never required of any of the prelates , although they be grossly guilty of the breach of the covenant , which they did sweare & subscrive before . 3. your help , by your prayers , and other means , for extinguishing of the present combustion , we still desire , but with all intreat , that you would both joyn with the rest of the kirkes of the kingdome , in publicke humiliation and fasting , which the lord himselfe doeth proclaime and call for at this time ; so should your prayers be the more effectuall , and also ye be good instruments , according to your power , with your own people , and the countrey about , to joine in the covenant , so should ye finde the worke of pacification the more easie . 4. the reasons which we touched in our answere , for proving , that ye might , without just offence to any , joine with us , in subsc●iving , are not yet answered : for , first , a sound interpretation of the covenant , although proceeding from a private person , and altogether voide of externall authority , can not make a substantiall difference : and if the interpretation be unsound , although it were confirmed by authority , it maketh not a substantiall coincidence . 2. why is it denyed , that the former covenant containeth mutuall defence , since all are obliedged thereby to de●end religion , according to their vocation and power , and the kings person and authority , which can not possiblie be done , without mutuall defence : and since that clause of the covenant , is so expounded , and applied upon grounds of perpetual reason , in the general band drawn up , & printed by authority , an. 1590. 3. ye must either prove this covenant to be substantially different from the former , which is impossible , or ye must acknowledge this to have the same authority with the former , since we are really obliedged in the former covenant , and virtually the same warrand of king , counsell , and assemblie , remaineth , and was never yet discharged : by vertue whereof the covenant might have beene renewed yearly , by all the subjects of the kingdome , no lesse then it hath beene subscrived yearly by such as passe degrees in colledges , and such as were suspect of papistrie , from time to time . 4. what was done by his majesties commissioner , was no● done in a corner , that it needeth to be pryed into , or doubted of , and what was allowed by his grace , who had so great power from his majesty , to declare his majesties will , and to receive declarations from his subjects , and who was in every poynt so zealous and tender of his majesties service and honour : who are ye , that it should be dissallowed by you ? ye will have the kingdome guilty of combination against authority , and will not have the king to be satisfied , when they have declared themselves to the contrary , and their declaration is accepted by his majesties commissioner . this manner of dealing , is more sutable to papists , and such incendaries , then for you , who desire to prove good patriots , in using all means of pacification . 5. we are sory , that ye should be the first , who have accounted our covenant to be a confederacie against the trueth , since some of your selves , and all every where have been constrained , to acknowledge , that they aime ●t the same end with us , to maintaine the trueth . and for that which displeaseth you in our way , that we deale after such a manner with people , to come in , we answere , that we have seen in this land , the day of the lords power , wherein his people have most willingly offered themselves in multitudes , like the dew of the morning : that others of no small note , have offered their subscriptions , and have been refused , till tyme should try , that they joine in sincerity , from love to the cause , and not from the feare of men : and that no threatnings have been used , except of the deserved judgement of god ; nor force , except the force of reason , from the high respects which we owe to religion , to our king , to our native countrey , to our selves , and to the posterity ; which hath been to some a greater constraint , then any externall violence ; and we wish , may prevaile also with you . to the second . vvee perceive , that ye passe in silence , that which we answered concerning the preventing of trouble , which by all appearance had been too sensible to many before this time , if the conventions censured by you , had not been kept ; we desire , that ye would here declare your selves , whether ye would have rather received the service booke , booke of canons , and other trash of that kind , tending to the subversion of religion , and to the prejudice of the liberties of the kingdom , then to have conveened in a peaceable manner , to present supplications to his majestie , for averting of so great evils . neither doe ye speak a word of the saying of k. iames , which ought to be regarded , both for the witnesse sake , who is of so great authority , and for the testimony which containeth so great reason . for , shall not the whole body of a kingdom stirre pro aris & focis ? or shall our religion be ruined , and our light be put out , and all men holde their peace ? we told you also , that the first part of the act of parliament , 1585 , is relative to another act in queen maries time , which specifieth , what sort of leagues and bands are forbidden , and setteth us free from the breach of the act : but yee have answered nothing to this , and still dispute from the act of parliament , rather then from other grounds , better beseeming your profession , and ours ; and in this will so precisely adhere to the letter of the law , that you will have no meetings , without the kings consent , even in the case of the preservation of religion , of his majesties authority , and of the liberties of the kingdome , which we are sure must be contrary to the reason and life of the law ; since the safetie of the people is , the soveraigne law. although it be true also that for our covenant , we have the consent of authority pressing upon all the subjects in the generall band , and confession of faith , formerly subscrived for maintenance of the religion , their subscription and oath as a note of their soundnesse in religion , and of their loyaltie and fidelitie to the king , and his crown , wherein iurisconsults , more skilled in this kinde , then we need to be , have given their responses and verdicts , in favours of us , and of our cause . 2. the poynt touching authority , is so full of thornes and rockes , useth to be so vehemently urged , to procure envye against the gospell of christ , and can so hardly be disputed and discussed , except in a large treatise , to the satisfaction of kings and kingdomes ; and all having interest , that for the present we only wish you to heare the testimonies of two grave divynes , the one is whittaker , in his answere to master reynolds preface , pag. 6. stirres and tumults for matter of religion , reynold rehearseth , that hath been in germanie , france , bohemia , as though it were sufficient for their condemnation , that they once resisted , and did not by and by admit whatsover violence was offered , either to gods trueth , or to themselves , contrary to promise , to oath , to publicke edicts , to law , whereby they were warranded to doe as they did : more of this matter , will i not answere , being of another nature , and cleared long since from the cryme of rebellion , not only by just defence of their doeing , but also by the proclamations and edicts of princes themselves . the other is bilson , in his booke of christian subjecton , in defence of the protestants in other countreys , against the objection of the iesuit , pag. 332. affirming , that subjects may defend their ancient and christian liberties covenanted and agreed upon by those princes to whom they first submitted themselves , and were ever since confirmed and allowed by the kings that have succeeded , they may requyre their own right , save their own lives , beseech , that they be not used as slaves , but like subjects ; like men , not like beasts ; that they may be convented by lawes , before judges ; not murdered in corners , by inqusitors . this is also the judgement of rivetus in his commentarie , psal. 68. which being looked upon by you , will furnish a full answere to what ye have cited at length from his iesuita vapulans . for betwixt jesuiticall treasonable and pernitious doctrine , and practises against princes and magistrats , refuted by him , and the loyall and sound doctrine of protestants , your selves know the difference and opposition , like as it is cleare as the sunne , by that short confession , by the application thereof , to the times in this present confession , by our publicke protestation , and by the declaration exhibited to his majesties commissioner , that we meane not only mutuall concurrence , and asistance in the cause of religion , but also to the uttermost of our power , to defend the kings majestie his person and authority . we would be glade , that ye and others were witnesses to our private prayers , and the most secret of our thoughts and affections , concerning our loyaltie to our dread soveraigne ; so should ye either cease to write in this sort against us , or be forced to write against your own consciences . 3. when we justifie our conventions and covenants , from their purposed ends , we meane not only the last and most remote ends , but the nearest and immediate , and if nothing in these can merite just censure , the conventions and covenants no more in that which ye call the object , nor in their ends , can be culpable : what aspersions have been put upon our reformation , and reformers , by the malice of our adversaries , can not be unknown to you . but we wish , that your engynes and penns may be better imployed , then to joine with them in so bad a cause , which we expect also from your prudence , considering the people and place where ye live . to the third . yee doe well and wisely , that ye search not curiously into the myndes of princes , and reasons of state : but whether all his majesties subjects be satisfied with the last proclamation , needeth , no deep search . for although possiblie some had been more pleased with a proclamation , commanding the service booke , such especially who neither will see no errours in it , or have publickly professed , that they have been groaning for it , yet the protestation of the supplicants against it , as it giveth most humble and hearty thanks to his gracious majestie , for what is granted ; so it testifieth upon undenyable evidences , that the proclamation is not a satisfaction of our just desires : for , first , the proclamation supposeth the service booke to be no innovation of religion . 2. that it is not contrary to the protestant religion . 3. that the proclamation giveth not order for discharging all the acts made in favours of the service booke , especially that of the 19 of february , which giveth unto it so high approbation , as serving for mantaining the true religion , and to beat out all superstition , and no wayes to be contrary to the lawes of this kingdom ; but to be compyled and approved for the universall use and edification of all his majesties subjects . 4. it is so farre from disallowing the said booke , that it putteth us in feare , that it shall be prest in a faire and legal way , and therefore , notwithstanding the proclamation , the necessity of covenanting , which containeth nothing contrary to the acts of parliament , nor to the duety of good subjects ▪ but is the largest testimony of our fidelity to god , and loyaltie to our king , ( whatsoever it may seem to you to import ) doeth yet continue , that his majestie may be pleased , to grant the full satisfaction of our reasonable petitions , and that our religion , and liberties , may be preserved for afterwards . whosoever professe themselves , to be perfectly satisfied with the proclamation , doe proclaim in the ears of all the kingdom , that they are better pleased with the service booke and canons , then with the religion , as it hath beene professed in this land since the reformation . to the fourth . vvee were assured , that your demand proceeded from a mistaking , and therefore , according to our knowledge , did ingenuously , for your satisfaction , expound unto you the minde of the subscrivers ; but finde now , that we have laboured in vain , at your hands , from which we have received this reply ; unto which , concerning the first miss-interpretation , we answere : 1. that although we doe neither use threatnings , nor obtrude our interpretation upon you , as bearing any obligatory power , yet pardon us , that we march you not , and put you not in the ballance with the greatest part of the kingdom , both ministers , and others , in whose name we recommend this interpretation unto you , by all faire means , and force of reason : and in so doing , wee are so farre from the breach of our solemne vow , and promise , that we esteeme this to be no small proofe of that godlinesse , and righteousnesse , wherein we are bound , by our covenant , to walke . 2. the autori●ative judgement of our reformers , and predicessors , is evidenced , not onely by the confession of faith , ratified in parliament , but also by the books of discipline , acts of generall assemblies , and their own writs ; wherein , if ye will , ye may find warr●nd for this interpretation ; and in respect whereof , it is publick ratione medii , besides those midses of scripture , of antiquity , and of the consent of the reformed kirks , which are named for midses by you . concerning the 2 missconstruction , it is no marvell that prejudices , and preconceived opinions , possessing the minde , make men to fall upon interpretations of their own ; but in the south parts of the kingdom , where many learned and judicious men , both pastors , and professors , were assembled , at the first subscriving thereof , we remember of none that did fall into that misstake . and the two sorts of novations , such as are already introduced , and such as are supplicated against , are so punctually distinguished , that there is no place left to ambiguitie : but on the contrary , the novations which we promise to forbeare for a time onely , cannot be supposed in the following words , to be abjured for ever , as popish novations . 2. upon a new examination of the words , ye perceive , that the articles of pearth , and episcopacy , are condemned as erronious corruptions , because we promise , to labour , to recover the former purity & libertie of the gospell : unto which our answere is , that it appeareth , that you will have all the covenanters against their intention , and whether they will or not , to disallow , and condemn , the articles of pearth , and episcopall government , lest they be tryed in a generall assembly : but it is knowne to many hundreds , that the words were purposelie conceived , for satisfaction of such as were of your judgement , that we might all joine in one heart , and covenant , for establishing religion , and opposing erroures . and for your argument , whether the articles of pearth , and episcopacy , be against the purity and liberty of the gospel , or not , which is not determined by these words of the covenant : but it cannot be denyed , first , that if in a free assembly , they be found to be against the purity and liberty of the gospell , they ought to be abolished : in the meane time , it being left free , by the words of the covenant , to all , who will , to stand to the defence of their lawfulnesse . secondly , how can it be denied , that many corruptions , contrary to the purity and liberty of the gospell , were they never so innocent in themselves , have accompanyed these novations , such as the superstious observation of daies , feriation and cessation from worke , on those dayes , feasting , guysing , &c. many grosse abusses have entered in the sacrament , upon kneeling before the elements , and upon the lawlesse usurpation of prelates : in respect whereof , even they who allow of pearth articles , and episcopacy , may swear to recover the purity of the gospell . and thirdly , who can be so great a stranger at home , as to deny , that many corruptions of popery , and arminianism , have entred in , in the kirke , and have been vented , and defended , in schooles , and pulpits ; by reason whereof , we are bound , every one of us , according to the measure of our light , to labour for recovery of our former purity ? and therefore , if you had cast your eyes upon the condition of this poore kirke , as ye have pryed narrowly , into the expressions of the covenant , ye might have spared both your owne labour , and ours , and not laboured to skarre both your selves and others , with this shadow . in your argument , ad hominem , you should have considered , that whatsoever be our judgement , as we are particular persons , yet , at this time , we were to be taken , as commissioners , from the whole company of subscrivers , who , about this point , are of different judgements : and if some of your own judgement , had either come alone in our place , or had been joined in commission with us , we had anticipate your objection : and this ye have been forced to see ; and so your selves , in propounding your objection , have answered your own syllogisme , in making us to say , that ye may sweare and subscrive seeing ye thinke not these things to be abjured in that oath made anno 1581 : neither was it for you , to inquire in our private opinion , nor necessary for us , to make it knowne , but to have conceived of our minds , according to our commission , and the will of those who sent us . your arguments need to be no impediments unto your swearing of the covenant . for upon your grounds , ye would not have sworne the short confession , any time bypast : yea , ye can not sweare the confession of any kirke ; nay , not the articles of the creed , because of the diverse interpretations of the article of christs descent into hell ; or swearing them in scotland and england , ye behoved to sweare them in diverse senses . there be some words of the lords prayer , as give us this day our daily bread ; and of the ten commands , as the words of the fourth command , which are diversly understood ; must christians , therefore , forbeare to joine in saying the prayer , or swearing obedience to the commandements ? neither for this doe we admit any ambiguity , or equivocation : the words certainly have but one true sense , and signification , but diverse persons conceive and understand them , according to the different measures of their light . since then your disputation is builded upon such a supposition , it must either fall to the ground , or hardly can any confession of faith , or religious covenant , be sworne . offend not , therefore , if we in modesty , present unto you , a dish of your owne dressing ; we meane , the like argument , ad hominem . the rites and ceremonies , which are not abjured in the negative confession , are not abjured in this late covenant . but the rites and ceremonies , which were concluded in pearth assembly , are not abjured , as ye say , in the negative confession , made anno 1581 : therefore , they are not abjured in this late covenant . the first proposition is evident , because in the late covenant we are bound no furder , concerning the negative confession , but to keep it inviolable : and therefore , what rites are not abjured there , are not abjured here . the second proposition cannot be denyed by you ; for these twenty years by-gone ye hav● thouhgt your selves free of perjury , notwithstanding of the oath in 1581 , and of your conforming your selves , to the ordinances of pearth . and whereas ye alleadge , afterward , as before , that our supplications are satisfied , the contrary is knowne , by our publicke protestation , and by our last supplication , and complaint , presented to his majesties commissioner . and urging of the service booke , was a sufficient reason , for forbearance of pearth articles , till an assembly ; at which time it may be determined , whether it be expedient , that this kirke be any more troubled with them . neither needeth your conscience to hinder you to subscrive the forbearance of these novations , as if swearing of forbearance , were a swearing disobedience to authority : first , because the swearing of forbearance of a thing in your opinion , indifferent , in the case of scandall , and of sensible feare in others , of superstition , is the swearing of obedience the commandement of god , which forbiddeth us , to destroy him , for whom christ died , although man should cōmand the contrary . 2. because the articles of pearth were concluded , for satisfying the king , and not to presse any man with the practise of them , as was openly professed unto the opponents , before the face of the whole assembly : and because the act it selfe giveth warrand , to forbeare the practise at this time , when the memory of superstition is revived which maketh us to thinke , that they who have forborne the practise of these articles , since the superstitious service booke was complained upon , make most truelie conscience of obedience of the act of pearth , and parliament , ratifying the same , and are most conforme unto the confession of faith , ratified in parliament , declaring , that ceremonies ought to be changed , when they rather foster superstition , then edifie the kirke , using the same . last of all ; ye say , ye can not sweare forbearance , because ye can not abstaine from private baptisme , and private communion ; where we perceive , that in your judgement , private baptisme and communion , are not any more things indifferent , but necessary , necessitate praecepti , in so farre , that the not using of them , is a contempt of the means , and a tempting of god. by this your doctrine , first , the state of the question , anent pearth arricles , is quite altered ▪ for ye , and your associates , did ever , to this time , alleadge the question , to be of thinges indifferent : but now ye finde some of them so necessary , that altho the generall assembly of the kirk , should discharge them , yet ye behoved still , for conscience of the commandement of god , to practise them . if ye have the same judgement of kneeling before the elements , and of festivall dayes , it commeth to passe amongst us , which hath been incident to the kirke , informer ages , that thinges have been first brought in , as indifferent , then urged as necessary . if confirmation also in your judgement , be not indifferent , but necessary , we desire to understand , with what conscience it hath beene slighted , and utterly neglected by the prelates , these 20 yeares past ? and how it is , that ye have carried so small regard to the canon of the kirke , and act of parliament , and to the benefite of young children , as not to requyre , urge , and presse the practise thereof , both in your own charge , and throughout the whole kirke ? this would seem to be partiall dealing , to presse some ceremonies , and neglect other some ; while both by the same canon of the kirke , and act of parliament , are appointed . 2. ye doe hereby condemne the practise of the kirke of scotland , from the time of reformation , till pearth assemblie , and put no small guiltinesse upon other reformed kirkes , who use not that at all , but rather abstaine from it , as dangerous , which ye now doe professe , to be so necessary . 3. we wish you wisely to consider , whence it is , and what can be the true cause , that ye living in that part of the kingdome , should be more pressed by the people , with the practise of private baptisme , and communion , then all the kirkes in the kingdome beside , where these twenty yeares past , rarely any such motion hath been made : is it not because that popery prevaileth there , and the people have a superstitious conceat of baptisme and communion , as absolutely necessary to salvation ; as if god had tyed his grace to the sacraments ; and children dying without baptisme , and others without their last viaticum , did perish ? thus ye minister the sacraments in private , as necessary , necessitate praecepti ; and the people seeme to desire , and receive them , as necessary , necessitate medii : an evill very curable , in that citie where the assemblies of the people , for publicke worship , are frequent , wherein the sacraments might be ministred frequently enough , with great solemnity , and edification , 4. and though we doe not deny , but baptisme privatlie ministred , by the minister of christ , according to the institution , be true baptisme , and , that a childe thus privately baptized , be not to be baptized againe , ( although it be true also , that private baptisme maketh way to this errour of re-baptizing : ) yet we hold , that the necessitie of the commandement , standeth only for baptisme in publick , since no precept requyreth baptisme , but when the ministration thereof can be had orderly , with all the circumstances requisite ; whereof this is one , that it be ministred in the presence of that visible kirke , whereof the children are to be members : for not only the minister of baptisme , and the parents of the children , but the congregation also hath interest in the baptisme of every member that entereth in their communion : which therefore , ought to be a publick action , no lesse then the cutting off of a rotten member , by excommunication , ought to be done publickly . 5. it is known , that private baptisme hath bred , and fostred the opinion of absolute necessitie of baptisme , of baptisme by women , and private persons , of baptisme by supposition , &c. and , that the ministration of the sacraments , in private places , hath been , and is , the ready way to bring people to the contempt and neglect of the sacraments in publicke , and to the prophanation thereof in private . 6. when all the forms of ministration of baptisme , shall be compared , both that of the ancient kirke , keeping easter , and pentecost , for the solemne times of baptisme , and the other of the popish kirke , and other kirkes , not well purged of the dregs of popery , ministring baptisme and communion at all times , in private places , and before few persons ; it shall be found , that no better course could be taken , then that which hath been wisely appointed and observed , in the kirke of scotland , since the reformation ; that the sacraments be ministred in the ordinary meetings of gods people ; unto which they had regard , and not unto the places of materiall kirkes : which we adde , lest any should thinke , that we entertained any superstitious conceat of places . to the fifth . to the first exception , we have even now answered , and need to adde no farder , concerning private baptisme and communion . 2. we looked , that your argument , ad hominem , had beene closed in the fourth reply , and wish , what ye had to say , against the dispute , of popish english ceremonies , or any other treatise of that kinde , or any of us in particular , had been keept to another time : for , would any of us , refuse to sweare the short confession , because ye have expounded some articles thereof , contrary to our minde ? our desire is , that ye keep your own meaning of the negative confession , and we keep ours , according to our diverse measures of light ; and , that both sides promise , forbearance , as is required in the covenant , which may very well stand both with your meaning , and ours : of ours , there is no question ; and of yours , there needeth none to be moved by you , since ye thinke them indifferent : and therefore , in such a case , may promise , to forbeare them . from this ground , and from the different use of the word discipline , and policy , it is easie to answere , both your sorites , and dilemma : for the late covenant bindeth you to keep the former , according to the common meaning of the subscrivers ; and not according to your interpretation or ours , in particular : and the horns of your dilemma , may be turned about against your selves : for we aske of you , unto which of the members of the distinction doe ye referre episcopacy , and the articles of pearth ? if they were abjured for ever , before pearth ▪ assembly , how is it that ye have admitted and practised them , since that time ; for this were perjury ? and if they were not abjured , but by the short confession were left indifferent , why may ye not , for any impediment ye have from that confession , forbeare now the practise of them ? we looked not for velitations of this sort , which the change of commissioners sent unto you , might have prevented , but for some solide and grave reasons , why ye could not subscrive the covenant , whether presented from our hands , or the hands of others , our learned and reverend brethren , of your practise and judgement , who might have beene sent unto you in our place . in the meane time , because manie are intangled with the word of discipline , and policie , we desire the reader to remember , that sometime the word is taken for the rule of government of the kirke , and censure of manners , by office bearers appointed by christ ; and thus it is unchangeable : sometimes for the constitutions of counsels , and acts of parliament , about matters of religion ; and thus it is alterable , or constant , according to the nature of particular obiects : and thirdly , it is taken for the ordering of the circumstances , to be observed in all actions divine , and humane ; and thus it is variable . we appeale with you , to the indifferent reader , who is judicious , whether it be necessarie for your subscription , to know our opinion of such rites and ceremonies , as are not of divine institution . we have reason , [ for any thing that ever we heard to the contrary , these twenty years past ] to cleave unto the words of the covenant , concerning such rites as are brought into the kirke without , or against the word of god. the blessing of marriage ( now the second time instanced ) we conceive , neither to be circumstance , it being neither time , place , order of doing , nor any such thing , nor a ceremony properly so called , more then the blessing of the people , commanded in the law , and practised before the law , or praying for a blessing upon the ordinance of god , that it may be sanctified unto his people : we neither exalt marriage so high , as with the papists , to thinke it a sacrament ; nor doe we abase it so low , as to thinke it a paction or contract , meerely civill , it being the covenant of god , which cannot be disolved by consent of the parties , as other civill contracts may be : and therefore , as we will not use it superstitiously , according to the prescript of the service booke ; so will we not for the abuse of popery , although it were a paction meerely civill , it being so important , with-holde ecclesiasticke benediction from it . to the sixth . silence carrieth sometimes the appearance of consent , sometime it is from weaknesse ; and since yee know also , that it may at sometimes come from wisedome , and moderation ; why doe ye not rather keepe silence your selves , then make such an interpretation of ours ? we deny not , but divines , both ancient and moderne , are against us , concerning the lawfulnesse of the thinges contraverted : but we withall affirme , first , that divines , both ancient and moderne , are against you also ; and both may be true , for both are but propositions indefinite , in a matter contingent . 2. that almost all divines universally are for us , and for the forbearance of thinges indifferent , in such a case , which is the point urged by us , and cleared before . secondly , we deny not , but the oath containeth many other articles but concerning that of the novations already introduced , if ye could have believed us , and so many thousands as have subscrived , it containeth no more , but the forbearance of them , for a time ; neither can any farther be extorted from the tenor of the covenant it selfe , according to your grounds . if ye will interpret it according to the meaning which ye thought it had the last year , and which we urge you not to change . and to promise forbearance , can neither be contrary to that duety which ye ow to your flock , nor be disobedience to authority , but a meane to edifie gods people , and obedience to god. to the seventh . first , the reason propounded in the seventh demand , for refuseing your subscription , because ye supposed pearth articles to have beene abjured , as popish , is answered to the full , and impediment put out of your way . this other that ye propound , concerning our conception and meaning of the short confession , may be as easily removed , if ye will once believe , that we urge not upon you our meaning but leave you to your own , till the matter be examined in an assemblie . 2. ye call some of those novarions , necessarie ; but without warrand of that assembly which concluded then , as indifferent , and all the rest you will have to be laud●ble : thus by progresse of time , things formerly indifferent , become necessary ; and what was but lawfull before , and had much adoe to gaine that reputation , is now become laudable ; where ye plainly discover the cause of your unwillingnesse to subscrive , not so much to be the commandement of authority , as the necessity and excellency of the things commanded . till ye , therefore , change this opinion , ye cannot promise forbearance , neither upon our dealing , nor at the commandement of authority , although forbearance should serve for the peace of the kirke , and kingdome . to the eight . first , we remit the reader to our answere , and your reply , which we hope , shall be found no confutation . 2. we observe , that ye have not answered our argument , for our swearing the defence of the king , and his authority , with a specification , which ye call a limitation ; wherein we have followed the confession of faith , ratified in parliament , the kings confession , and act of parliament ; upon which ye will not doe well , to fasten so foule imputations , and put so hard constructions , as ye doe , upon us , for inserting in our covenant , what they have said before us . if our specification be right , why censure you it ? if it be wrong , why fasten ye not your censures upon the fountaine from which it is derived ? the loyalty of our intentions , to maintain the kings person , and honour , is so fully expressed , that it hath given content to those who are nearest his majesty : and we should wrong , not only them , but also the covenant , and the subscrivers thereof , if we should make new declarations to others , of greater distance , who wrong both the king , and themselves , in craving them . 3. to doe with a doubting conscience , is a grievous sinne ; but to make and multiply do●b●s , for hindring a good worke , and to oppose against a shining light , is no lesse grievous . ye spake before of a limitation , and now ye have added precisly ; as if the n●ming of one duety , were the excluding of all other dueties . we all , by our oath of alleadgeance , by his majesties lawes , and by other obligations , acknowledge , that we owe many other dueties to the king , which were very impertinent to expres in this covenant . 4 what kynde of conference ye meane , whether by word or write , we know not ; but ( while we were among you ) ye know what notice you were pleased to take of us ; and we have no delight , to resent it ▪ to the ninth . first , we are ashamed , to draw this rug-saw of contention , to and fro , in a continuall reciprocation , concerning the forbearance of pearth articles : and therefore , forbearing to doe so any more , we referre the reader to our former answeres . 2. we doe not affirme , that the only reason , why kneeling was appointed , was because all memory of superstition was past . there be indeed other reasons expressed in the act , but such as the authors thereof may be ashamed of , as both perverting the text , psal. 95. as making kneeling to be necessary , in every part of gods worship , and as giving matter to many treatises , proving kneeling before the elements , to be idolatrie , according to the act , unto which we now referre you : but this we say , ( which is manifest by the act it selfe ) that in the case of present superstition , or feare thereof , all other reasons had not beene forcible , to enforce kneeling then , nor can have force to continue kneeling now . this feare hath beene great , this year by past , throughout the kingdom , by reason of the many superstitions of the service booke , which , it may be , ye no more acknowledge , then ye doe the superstitious dispositiō of the people , because they are not that which they were at the time of reformation . 3. we would heare what malice it selfe can say against the words of the protestation , that it shall be lawfull unto us , to defend religion , and the kings authority , in defence thereof , and every one of us of another , in that cause of maintaining religion , and the kings foresaid authority , and to appoynt , and hold meetings , to that end ; like as our proceedings have beene in themselves most necessary and orderly means , agreable to the lawes and practise of this kirke and kingdom , to be comended , as reall duties of faithfull christians , loyall subjects , and sensible members of the body of the kirke and kingdome , and tende to no other end , but to the preservation of religion , and maintainance of the kings authority . to your interrogatoures , ( which ye seeme to propone , rather to be snares to us , then for satisfaction to your selves ) we answere once for all in generall , that if this were the opportunitie of that disputation , we shall be found to deny nothing unto authority of that which the word of god , the law of nature , and nations , the acts of parliament , these royalists , sound divines , and loyall subjects , give unto kings and princes gods vice-gerents on earth ; and that not from respect to our selves , but to the ordinance of god , by whom kings reigne . but seeing so oft and so instantly , you presse us in this point , ye force us mutually to propone to you such questions , as , it may be , ye will have no great delight to answere . 1. we desire to understand of you , whether ye allow , or disallow , the service booke , and booke of canons ? if ye disallow them , as an innovation of religion , why have ye not either joined in supplication with the rest of the kingdome , or made a supplication of your own , against them , or some other way testified your dislike ? next ; whether it be pertinent for men of your place and qualitie , to move questions of state , touching the power of princes , and liberties of subjects , after his majesties commissioner , and wise states-men , have received satisfaction of the subjects , for suppressing such motions as yours ? 3. whether doe the subscrivers more tender his majesties honour , by supposing his constancy , in profession of religion , and equitable disposition , in ministration of justice ; or ye , who suppose he shall fall upon his religious and loyall subjects , with force of armes , contrary to both ? 4. whether the joyning of the whole kingdom , in the subscription of the covenant , or the entertaining of division , by your writing , preaching , and threatning of your people , otherwise willing to joine , be a more readie meane to settle the present commotions of the kirke , and kingdom ? 5. if the prelates , and their followers , labouring to introduce popery in the land , make a faction by themselves , or as the guisians in france , did abuse his majesties name , in execution of the bloody decrees of trent , ( which god forbid ) we aske , whether in such a case , the lawfull defence of the body of the kingdom , against such a faction , be a resisting of the magistrate , and a taking armes against the king ? if ye affirme it to be , is not this to take part with a faction , seeking their own ends , against the common-wealth of the kirke , and kingdom , and honour of the king ? if ye say not , why then sinde ye fault with our protestation , of defending the religion , liberties , and lawes of the kingdom , of the kings authority , in defence thereof , and every one of us of another , and in that cause , as if it were an unlawfull combination against authority ? 6. whether doe ye think christian magistrats to be of so absolute & unbounded power , notwithstanding of any promise or paction made with the subjects at their coronation , or of any law made for establishing their religion and liberties , that there is nothing left , but suffering of mar●yrdome , in the case of publick invasion , of their religion and liberties ? if ye thinke , that any defence , is lawfull , why misconstrue yee the subscrivers of the covenant ? if not , how can ye be free of flattery , and of stirring up princes against their loyall subjects , for such ends as your selves know best ? we verily believe , that ye shall report small thanks , either of so good and just a king , or of so duetifull subjects , for entering within these lists . it is enough , that such questions be agitated in the schooles , and that with as great prudency , and as circumspectly as may be . to the tenth . first , ye take us in our fourth replye to be the penners of the covenant , and yet will rather wrest the words of it , to your owne meaning , then receive the interpretation thereof from us : for wee prejudge not your liberty of conception of that short confession , but permit it to your selves , whatsoever may be the private meaning of some who have sub●crived ; yet there is nothing in the late interpretation that c●ndemneth the articles of pearth , and episcopacy , as popish novations . ye may voice and reason in an assemblie as freely concerning them , and give your judgement of them , without prejudice , notwithstanding of your oath , according to your own grounds , as you would have done at the assembly of pearth . 2. we hop● ye be not so ignorant of the estate of the kirke , neither will we judge so uncharitably , as to thinke you so corrupt , that in your opinion there is nothing hath entred in the kirke , since that time , designed by you , beside episcopacy , and the articles of pearth , which can be thought prejudiciall to the liberty and purity of the gospell . to the eleventh . first , ye finde fault with us , that we have not upon this occasion , given you that testimony which we owe to you , of your sincerity , in professing the trueth ; and therefore , to supplie our defects , have taken an ample testimony to your selves , of paines in disputing , in wrytting , and preaching against popery , in processing of papists , and in doing all thinges which can be expected from the most zealous , of frequent prayer to god , of humbling your selves before him , of your holinesse of life , and conversation , &c. which have made us who were desirous to heare that testimony , rather at the mouths of others , that we might be no more challenged as deficient in that kinde , but give unto you your deserved praise , to inquire in matters ; whereupon , if we would believe the report of others , wee heare , that for all your pains , papists , and persons popishly affected , are multiplied , and papistry increased in your towne , more then in any other town of the kingdom , & no lesse under your ministrie , then any time before , since the reformation ; that there be in private houses messes , crucisixes , and other monuments of idolatry ; that ye have not many converts from popery ; that jesuits , and priests ; are countenanced there ; that your people at home , and your magistrats abroad , complain , that ye are but too sparing of your pains in preaching , and often fill your places with novices : but this we are sparing to believe , and wish , that the not imploying of your tongues , and pennes , in the defence of the service booke and canons , which are so pestred with popery , [ if the seeds of romish heresie , superstition , idolatry , and papall tiranny , come under that censure ] and your willingnesse to joyne with the kirke and kingdom , in fasting and humiliation , had been also testimonies of your sincerity against popery . 2. the laudable means of preaching , praying , &c. which we wish may be still in all faithfulnesse used by you , may very well agree with the renewing of our covenant with god ; and both being joined , have , in a short time past , produced more powerfull effects , to the comfort of many thousands , then all our prayers and preaching hath done for a long time before : which testifie , that , as it is warranded by the word of god ; so the motion hath pr●ceeded from god. all the arguments and subtilties that can be devised , will never make a people , ( who at this time have found god dwelling , and working in their hearts ) to thinke the contrary . 3. the naturall inclination of people to popery , and the perswasion of others , of their disposition , may make ▪ the people to conceive other wayes of the service booke , and canons , that ere it be long , they may be brought in , in a faire and legall way : and therefore , it is necessary , for preventing of those , and other evills of that kinde , that the subjects joine in a covenant , both for themselves , and their posterity . to the twelfth . first ; we have ever preached according to our measure , and have given example of reverence to authority , and the lords service : but we neither acknowledge the usurped authority of prelates , for lawfull authority , nor the service booke , for the lords service . and therefore , it was so much the more intollerable for the prelates , without authority from the kirke , or parliament , to bring in the service booke into gods own house , upon the lords own day . which maketh it nothing strange , that people zealous of the trueth , and of the service of god , were stirred up , to oppose : and we are very confident , that these who have opposed , doe beare as loyall respect to the kings majesty , and will be as loath to provoke him to just wrath , as their opposites are . in the meane time , why doe ye not acknowledge , that the children were higher provoked to wrath , by the prelates , whom ye account reverend and holy fathers ? 2. as the preservation of our own private possession , from invasion of others , belongeth to our selves , under the kings protection ; so the keeping of gods house , from pollution , and superstition , belongeth to authority , to the community of the faithfull , and to every one in his own place , and order . 3. we told you before , that we did no more allow violences of that kinde , nor we did allow the ●oule aspersions of rebellion , heresie , schisme and perjury , put upon the noblemen , ( and remnant covenanters . ) and where ye aske of us , why these tumults are not publickly by us condemned , and rebuked ? we aske againe of you , why ye did not condemne and rebuke such dealing , since that is no lesse transgression , both against the sixt and nynth command , then the other is against the sixt ? and whereas ye are now so peremptorie , in drawing a declaration from us , answearable to that which ye have given concerning the foresaid aspersions and calumnies , we having no commission , to declare the mindes of others in this point , or to give documents , for our own private judgement , doe heartily disallow every wrong of that kynde . as for the apologie of d. john forbes of corse , seeing the wrong hath been done not unto some few particular persons , such as ye say have been wronged by some of the people ; but unto the body of the kingdome , consisting of noble-men , barons ▪ &c. who are highly offended thereby , it were in us presumption , and without the bounds of our calling , to take upon us , to receive any declaration of that kinde , especially wherein so many thinges are reprovable ; as first , that his bitter speaches were occasioned by some printed bookes , affirming , that episcopacy , and pearth articles , were antichristian , and abominable . supposing it were true , did he thinke the noblemen , and whole covenanters , to be the authors of those books ? and was this dealing agreable to that christian meeknesse so much required of us before ? the writers of those printed books , are not the first who have spoken so : for master knox spared not , ( in a letter of his ) to call this kneeling , a diabolicall invention . secondly ; the swearing of forbearance of the practise of pearth articles , and the confirmation of the said doctrine , which we neither deny , nor affirme , to be imported in the olde covenant , but only in the interpretation thereof , we declare , that promise is only made , to forbeare for a time , doth not deserve so bitter a censure as this apologie beareth upon us . 3. if the kings majesty , counsell , or the subjects of scotland , had asked his opinion , and advice , he might have used the greater liberty . 4. it is ill apologized , to call it a holie indignation , and worse defended , since it is such a wrath , as worketh not the righteousnesse of god. 5. whereas he desireth to be accounted in the number of these , qui proficiendo scribunt , & scribendo proficiunt , we could wish , that he had profited better by writing , then he hath done by writing his irenicum first , and now this his warning , after his irenicum : for which if he make no better apologie , then confessing asperity of words , proceeding from an holy indignation , it will come to passe of his apology , as it fared with his irenicum , unto which was applyed fitly , what was spoken in the like case , aut fabrum forceps , aut ars ignara fefellit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 voluit cudere cudit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 6. whereas ye desire us , to doe the like , if ye meane of us personallie , we have declared our judgement , and shall be carefull to approve our selves to god , and the consciences of all men , in every such duety : and if ye meane us , and those that sent us , we shall not faill to report unto them , what ye desire , although our commission from you had been the more acceptable , if ye had spoken more reverently of our confession and covenant , then ye have been pleased to doe , in the words of your desire , and had put your hand unto the covenant ; which would presently have joined us in a greater affection , and made way for union in judgement , and perfect peace , which is the desire of our soules . to the thirteenth . yee pretended a threefolde scandall , which should follow upon your subscription : 1. the scandall of dissenting from other reformed kirks , and famous divynes . 2. the scandall of dissenting from authority . 3. the scandall of perjury . we answered , that the contraverted words of the covenant being rightly conceived , and interpreted according to their true meaning , and not after the glosse which ye have put upon them , doe put you out of danger of all the three scandalls , which ye seem to acknowledge of the first two , and may by the like reason acknowledge of the third , of perjury . we dispute not of the lawfulnesse of the oath given at your admission , by what authority it was exacted , with what conscience it was given , nor how ye can answere for the scandall risen thereupon : but conceiving it according to your own grounds , none of you will say , that ye have sworne the perpetuall approbation and practise of these things which ye esteeme to be indifferent , whatsoever bad consequent of popery , and idolatrie , superstition , or scandall should follow thereupon : we speake here only of things indifferent , in your own judgement ; for ye have declared before , that ye thinke the ministration of the sacraments in private places , no more indifferent : & therefore , can not forbeare the practise of these , although your ordinary , and other lawfull superiours , should will you to doe so ; wherein pearth assembly , for which you stand , is wronged by you two wayes : 1. that ye differ in judgement from them , about the indifferencie of the five articles : and next , that at the will of your ordinary , and we know not what other lawfull superiours , ye are ready to forbeare the practise of these things which the assembly hath appointed to be observed . what oaths ye have given at your admission , we know not , because there is no ordinance made , civill , or ecclesiastick , appointing any such oath , and because the prelats , who arrogated that power , presented to the intrants diverse models of articles , to be subscrived , dealing with some more hardlie , and with others more favourably , according to their own diverse motivs , & considerations . for some immediatly after pearth assembly , without any warrand from the kirke or parliament , were made to sweare at their admission , that they should both in private and publick maintaine episcopall jurisdiction , and in their private and publicke prayers , commend the prelates to gods mercifull protection ; that they should subject themselves to the orders that presently were in the kirke , or by the consent of the said kirke , should be lawfully established . the word lawfully , was not in the principall first subscrived , [ as we have learned ] and if it had been exprest , it is all one , for the superiours were judges to this lawfulnesse and unlawfulnesse . we will not labour to reconcile every oath given by ministers , at their entry with the present covenant ; but wish , and exhort rather , that they may be recalled , and repented of , as thinges for which they can not answere before a generall assembly . to the fourteenth . if the words of the covenant be plaine , concerning the meere forbearance , and speake nothing of the unlawfulnesse , no mans thoughts can make a change . 2. by this reply ye wrong your selves , in forging from the words of the covenant , impediments , and drawing stumbling blockes in your own way , to hinder your subscription : ye wrong the subscryvers , in changing the state of the question , and in making a divorce betwixt religion and the kings authority , which the covenant joineth together , hand in hand : and , most of all , ye wrong the kings majesty , in bringing him upon the stage , before his subjects , in whose mindes ye would beget , and breed , suspicions of opposing the trueth , of making innovation of religion , and of dealing with his subjects , contrary to his lawes and proclamations , and contrary to the oath at his coronation . we are not here seeking inscitiae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or starting hole of ignorance , or of the smallest disloyalty of affection ; but would willingly decline that for the present , which neither his majesties wisdome , nor the prudence of statsmen , nor the modesty of good subjects , will allow you or us to dispute . the crowns and scepters of kings , would be more tenderly touched , then the ordinary subjects of schoole disputes . the naked naming , and bare proposall of certaine suppositions , such ( as some are made by you ) can not but reflex upon authority , and sound harsh in the eares of all his majesties good subjects , who wish , that he may long and prosperously reigne over us . 3. his majesties most honourable privy counsell , hath proven more favourable to this cause of maintaining the reformed religion , then many pastors , whom by reason of their place and calling , it beseemed to goe before others ; and although according to their wonted custome , they gave warrand , to make his majesties proclamation , yet on good groundes , remonstrated unto them by the supplicants , they willingly refused their approbation thereof ; hoping that his majesty should be moved to give greater satisfaction thereafter : and this is not our saying , but a publicke doing , before many honorable witnesses ; of which number some were directed unto you ; whose report ye have no reason to call in question . 4. it becometh us , to judge charitably of the intentions of our superiours ; and most of all , of the intentions of our dread soveraigne . yet , if that hold good which the supplicants have offred to prove , that the service booke , and canons , containe a reall innovation of religion , we must judge otherwise , de conditione operis , of the matters contained in the booke , then de intentione operantis , of his majesties intention ; although the intention of the prelates , & their associates , the authors & contrivers of the bookes , be most justly suspected by us . 5. it is no delight to us , and can be but small comfort to you , to mention the wrongs , which by you are done to us all who have joined in this covenant , and doe adhere to the religion as it was reformed in this land ; in your estimation & writings , we are rebellious , perjured , hereticks , schismaticks , blind guydes , seducers , miserable interpreters , ignorants : shal such men as these be your reverēd brethren . is this your meeknesse and charity ? is this the duety ye expect from us ? but setting these aside , ye have wronged us , in with-holding your hand and help from so good a cause , of purging religion , and reforming the kirke , from so many grosse abuses , and opposing all those who have modestly laboured for reformation . your speaches in private , in your chambers , beds of sicknesse , and in your missives , and in publicke , at tables , and in synods , which are come to our knowledge ; we wish rather should be remembred , and repented of , by your selves , then be recited by us , who desire not to worke you any trouble . 6. although there be a perpetuall harmony betwixt the word and works of god , far contrary to that which we finde to be amongst the children of men ; yet often it commeth to passe , that the word and warnings of god , which we heare with our ears , are not believed , till we behold with our eyes , the plaine cōmentaries thereof , in his works . many proofs , and notable documents , have been observed of the finger of god , in the worke in hand , the characters of the great works of gods , more then ordinary providence , since the beginning , are legible here . then did the lord begin this work , when the adversary was raised to a great hight , and become intollerably insolent . the beginnings were small , and in the eyes of the world , contemptible ; such as use to be the beginnings not of the works of men , but of the magnificke works of god : the power of god sensible in the hearts of many , and manifested by the joy ; the tears and cries of many thousands , at the solemne renewing of this covenant , hath been a matter of admiration , and amazement , never to be forgotten , to many wise and ancient pastors , and professors , who did also finde an unwonted flame , warming their own breasts ; the plots , and workings of the adversary , have wrought against their own projects , and have served for our ends , more then all that have been thought , or done by our selves ; that we may justly say , what they devised , for evill , the lord hath turned to good ; many thousands conveened , diverse times , in one place , have been keept in such order , and quietnesse , without the smallest trouble , in such sobernesse , and temperance without excesse or ryot , that hardly can history furnish a paralell : and what effects there be already throughout the land , of piety in domesticke worship , in observing the exercises of religion , in publick , of soberness in dyet and apparell , and of righteousnesse and concord , we trust shall be sensible by the blessings of god upon us , and shall be examplary to the posterity . these we present unto you , and unto all , as a commentary , written by the lords own hand ; wishing again , that neither ye nor others , be found fighting against god. who so is wise , and will observe these things , even they shall understand the loving kindnesse of the lord , psal. 107. 43. lord , when thy hand is lifted up , they will not see ; but they shall see , and be ashamed , for their envy at the people , isai. 26. 11. master alexander henderson , minister at leuchars . master david dickson minister at irwin . duplyes of the ministers and professors of aberdene , to the second answeres of some reverend brethren , concerning the late covenant . if thou take forth the precious from the vyle , thou shalt be as my mouth : let them returne unto thee , but returne not thou unto them . jerem. 15. 19. honour all men : love the brotherhood : feare god : honour the king . 1. pet. 2. 17. to the unpartiall reader . it may be you have not , as yet , heard the true relation of our proceedings , and carriage , towards those two reverend brethren , who came lately hither , to recommend to us , and our people , the late covenant : we declare therefore to you , that we hearing of their comming , and intention , and being of a contrary minde , resolved , that before we should give consent , that they should preach to our people , we would propone to them , by way of certaine demands , the chiefe reasons which made us to be averse from their proceedings ; promising to admit them to our pulpits , if they should give us satisfaction , concerning the late covenant . we intended not to print these demands at the first ; but afterwards considering how much our people might be confirmed by them , in that pious resolution which they have , to continue in the obedience of the lawes of this church and kingdome , concerning episcopacy , and those things which were concluded in pearth assembly ; we thought good to put them to the presse , but determined not to make use of them , by divulgating them , except we saw that our people stood in present need of them ; which indeed came to passe : for upon fryday , the twenty of iullie last , these reverend brethren came to this town , and having that same night received our demands in writ , they returned their answeres unto them on saturday following , late in the evening : but they came no● to our hands , who replyed unto them , untill sunday in the morning . neither had we leasure to reade , or consider , untill both the sermons were ended in our churches . wherefore we did meet together that day , at foure houres afternoone , that we might peruse them . and at that same time , hearing that these reverend brethren had preached in audience of dyverse of our people , conveened in the court of a noble-man his lodging , not having obtained our consent thereto , and in their sermons had used a forme of answering to our demandes , which they did publickly reade , affirming , that they had given full satisfaction to us , in a written copie of their answeres , which they had sent to us : and by that means , had laboured to disswade and draw our people from their obedience unto the articles of pearth , and the lawes of this kingdome ratifying them : we knowing how insufficient their answeres were , to give satisfaction to any , who would duely ponder our demands , gave licence to the printer to devulgate them , and the next day did write our replyes to their answeres , intending to put them to the presse on tuesday . but we were earnestly entreated by a noble man , to send backe to them the copie of their answeres , that they might revise and perfect them , and also to delay the printing of our replyes untill fryday following . which we willingly granted . but wherefore this was desired of us , you may conjecture ; seeing they neither added , nor diminished , nor altered any thing in their answeres . upon the next friday at night , we gave our replyes to the printer : and to these reverend brethren , who returned not to this citie , untill saturday following , we sent a copie of our replyes in write , on the lords day : unto which we received not their answeres , untill they came from the presse , to wit , on tuesday the fourteenth of august : that is , eyghteene dayes after they had received our replyes . what successe these brethren had in their sermons , which they preached here , upon two severall lords dayes , it is sufficiently known : neither have they reason to talke so much of it as they doe , in their preface to the reader . the first of these dayes , some few who were thought to be that way inclined before , subscryved their covenant : but the next lords day , they scarce prevailed with any at all . and a great many , who heard them both these dayes , professed , that they returned from their sermons , more averse from the covenant , then they were before . now good reader , we present to thee our replyes , to their second answeres ; which for shortnesse cause , we have called duplyes : we pray you consider them unpartially . and if you reap any benefite by perusing them , let it no● be ascrived unto us , but to the invincible force of divine trueth . we conclude with zer●babell , saying , blessed be the god of trueth : and let all the people shout , and say , great is trueth , and mighty above all thinges . to our reverend brethren mr. alexander henderson ▪ and mr. david dickson . that your answeres , reverend and deare brethren ; have not in any degree satisfied us , we impute it not to your weaknesse , whom we know to be able men , and much exercised in the matters debated betwixt us : but we impute it to the weaknesse of your cause , and to that inabilitie which is in all men , as well as in you , to beare out against the trueth . we are sory that ye are not so respective , and favourable , in your judgement of us : for ye plainly declare in your preface , that ye suspect us of prejudice : and that for two reasons . the first is , that our demands , which yee conceived had been meerely intended for you , were published before your comming in print : as also , that our replyes were printed before we received your last answeres to them . when●e ye conclude , that wee were rather aiming at victory , moved thereto by prejudice , then at satisfaction by searching of the trueth . this reason is grounded upon a mistaking : for although our demands at the first , were intended for you onely , yet afterwards we resolved to print them , as also our replyes , ( the printing whereof did nowayes depend upon your second answeres . ) not for love of contention , nor desire of vict●ry ( god knoweth ) but for such reasons , as we have expressed in our preface to the unpartiall reader , whom we hope we have satisfied in this point . your other reason is , that the grounds of your answers to us , have proven satisfactory to others ; who for age and learning , are prime men of this kingdom : and to whome our modestie will not suffer us , to preferre our selves . farre be it from us to be so presumptuous , as to preferre our selves to so many learned and worthy divines : and as farre be it from us , to measure the soliditie , and sufficiencie of your answeres , by the habilities or induments of these , who have acquiesced in them . if this your reason were good , the papists might more probablie accuse us of prejudice , ( as indeed they unjustlie doe ) because their answeres to our arguments , have proven satisfactorie to many thousands of those , who for profunditie , and subtilitie of wit , are inferiour to none of the world : but we regarde not this slender motive , remembring these words of our saviour , i thanke thee , o father , lord of heaven and earth , because thou hast hid these things from the wise and prudent , and hast revealed them unto babes : even so , o father , for so it seemed good in thy sight . besides , if ye compare the divines , ancient and moderne , who are of our judgement , with these who favour your opinion , either in number , or in the excellency of their gifts , ye shall finde that in this , the advantage is greatlie ours . in the meane time ye shall know , that we can bring far better reasons to free our selves of prejudice , then these which ye have brought against us , to wit , the soliditie of our arguments , which have put you to such straits , ( pardon us to say that , which every one who have eyes may see ) that oft times ye doe not so much , as attempt to answere them , being glad to passe them by , with the show of an argument in contrarium , or some other like shift : our humble & earnest attestations , in calling god , the onelie competent iudge ; as witnesse of our sincerity , in the inmost thoughts of our soul ; our seriously professed resolution , to concurre with you , if we should get satisfaction from you , the modestie , ingenuitie , and peaceablenesse of our writings to you , and on the contrarie , your too great disdainfulnesse and asperitie in your second answeres ; bewraying not onelie the weaknesse of your mindes , farre by our expectation , but also the weaknesse of your cause to unpartiall readers , who ascrive this to the pungent force of our arguments ; judging , that they have made you somewhat more cholerike then you were before . to this wee will adde the great reluctance , which some of the most iudicious subscribents did finde in their consciences , before they subscrived your covenant ; together with the limitations , and reservations , wherewith they subscrived it ; evidently arguing their ▪ strong apprehension , of the dangerous ambiguitie and haske sounding of the words of the late covenant : so that even these who are now joined with you , have been much affrighted with those things which terrifie us . as for your protestation in the end of your epistle , that ye can no more be brought to our minde , then ye can be drawn from the profession of our religion , as it hath been reformed , sworne , &c. although this importeth no small prejudice , possessing and over-ruling your minds ; yet looking to the invincible force of that trueth which we mantaine , we even yet hope that at last it shall prevaile with you ; espe●iallie considering that our con●roversie is not concerning the reformed religion ; whereunto we as sincerelie adheare as any whatsoever , but concerning the equitie of that forme of covenant which ye lateli● made . wishing you and all others , to adheare truelie and sincerelie , to the same true religion ; and to all the dueties which in it are recommended to you : we most humblie , and earnestlie pray the almightie god , to pitie his church in this kingdom , and to unite all our hearts in trueth and peace , in these most dangerous dayes : which although they be to you dayes of gladnesse , as ye professe , yet to those who love the peace of sion , and the tranquilitie of this kingdome , they are sad and melancholious dayes , in respect of the blacke clowdes of gods wrath , hanging over our heads , and threatning us with stormes of fearfull calamities : which we pray the almightie god ▪ to avert . the first duply. in our disputes against the papists , ( which have been frequent , and by gods grace not unfruitfull , ) as we have learned , that to multiply objections against the trueth , is a thing easie , as ye say , but fruitlesse and vain : so also we have learned , that to multiply evasions , against solide arguments brought for the trueth , is a thing no lesse easie , but altogether unprofitable : which we pray you take heed to . how forcible are right words ? but what doth your arguing reprove ? job 6. 25. 2. ye say , that our objection , against your calling , and the warrand of your comming to us , was framed and published in print , before it was proponed unto you , and ere your answere could be had . indeed our demands were at the presse at your comming , that they might be in readinesse ; but were not published , before your selves in your sermons did publickly read them , and dispute against them , in audience of such of our people as were there present for the time ; albeit that written copie of them was delivered to you onely , and not at that time communicated by us to any other . 3. your authority which ye acclaim , is neither from his majestie , nor warranded by act of parli●ment , nor by the lords of his majesties counsell , nor by any nationall synode of this kingdom , nor by any judicatory established in it . and both in your first answere , as also now again ye professe , that ye came not hither to us●rpe the authority , of any civill or spirituall judicatorie . as for your multitude , ( which ye call almost the whole kirke and kingdom ) it being destitute of authority foresaid , maketh no warrand of ordinary calling . therfore , ye seeme to pretend an extraordinary calling from god , alleadging an extraordinary necessitie at this time , which truely we see not in any such degree , as may deserve and warrand so great a change from the received order , which is publickly by lawes established in this kirke and kingdom . that saying of the apostle ▪ let us consider one another , to provoke unto love , and to good workes , which ye alleadge for your extraordinary imployment , importeth not an extraordinary calling , but an ordinary duety , to be performed by all christians , according to their callings . 4. the word of god , and the canons of counsells , doe so permit to pastors , the care of the whole kirke , as they must remember to doe all things , decently and in order , and not to interpone themselves in their brethrens charges , and against their will. and praised be god , there was not any combustion , errour or confusion , in these places of our charges , as ye doe alleadge : neither did our people stand in need , of such helpe from you . and if ye meane the combustion of our nationall kirke , we doe thinke your remeed not convenient ; as being , in our judgement , not agreable to the right way of trueth and peace . 5. whereas ye alleadge , that if some members of this kirke , had not cared more kindly , in this time of common danger , then others have done , the whole body had been ere now dangerously , if not desperately , diseased ; we answere , that we most heartily wish , any disease of this church , to be rymously prevented and cured . but with all we wish this to be done without a rupture , and such a dangerous division : chiefly seeing our church is not infected with any such errours , nor is in such dangers , as may give just occasion , of so fearfull a division : which in it selfe is a sore disease , and from which in holy scripture , we are often , and very earnestly dehorted . dionysius bishop of alexandria , in his epistle to novatian , recorded by eusebius , lib. 6. historiae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cap 37. worthily sayeth , you ought rather to have suffered any thing whatsoever , for avoyding of cutting as under the kirke of god : and martyrdome for keeping the kirke from schisme , is no lesse glorious , the● which is suffered , for not committing idolatry . and in my opinion also it is greater ; for in suffering martyrdom for not cōmitting idolatry , a man suffereth for one , even for his own soul ; but here a man suffereth martyrdome for the whole kirke . 6. ye affirme , that we have no reason to complaine of your carriage , here towards us , in respect ye for your sermons preached to our people , made choise of vacant houres , that they might attend the ordinary times of worship . but indeed this satisfieth not our complaint : for we justly complained of your preaching to our people , without our consent , at any houre ; and of your labouring , to make them subscrive the late covenant , before ye had given satisfaction to us , concerning the equity of it . 7. ye reprove us for these harmlesse wordes of a confederation , & negative confession . that little confession , was long agoe called negative , à parte majore . and as for that other word , it is well knowne to al those who are expert in our mother tongue , & in the latine , that covenanting , and confederation , doe signifie one , and the same thing : and therefore , both these wordes are alike respectfull , in our judgement . whereas ye say , that your covenant is made with god , and doe call it his covenant : and likewise for justifying your swearing , and subscriving thereof , doe bring some places of scripture , wherein mention is made of a covenant , and oath , betwixt god and his people ; we shall then allow the same name , and respect unto your covenant , when ye shall make it manifest , that your covenant in all points therein contained , hath no lesse warrand from the written word of god , then that covenant which the israelites did swear in the days of joshua , ioshua 24. verse 25. and in the dayes of jehoiada the priest , 2. kings 11. v. 17. and in the dayes of king asa , 2. chron. 15. v. 15. and that which is mentioned by isaiah , 44. v. 5. 8. as we are still informed , that some have fled the countrey , and some have subscrived for feare ; so no pastors in our knowledge have gone to court , for the causes alleadged by you . we doe not presume to judge of the consciences of men , and we wish you to judge more charitably , of these reverend prelates , then ye doe . the occasion of this present storme was pretended to be the introduction of the bookes of service , and canons , and the high commission . these causes are now removed ; and yet the storme continueth so vehement , ( as ye seeme to grant ) that the bishops have just feares warranding their flight , to save their persons ; which we judge to be too great violence , for any such cause , against persons in so sacred a calling . 9. we shall assuredly , ( by the grace of god ) still contribute , as ye desire , our prayers , and all other means agreable to our consciences , for extinguishing of the present combustion . and for that effect , every one of us shall secretly , and humbly , mourne before the lord , and shall search and trye our wayes , and turne unto the lord. and as we have already humbled our selves publickly , with fasting and mourning for that effect , so are we readie in time to come , to doe the like , when it shall be indicted or allowed by authority , according to the established order in this kirke and kingdome . yea , also we are ready to joine with you in the late covenant , so soone as we shall receive satisfaction to our consciences , concerning the lawfulnesse thereof ; which as we have protested before , so doe we yet protest , and professe . 10. the reasons which ye touch in your first answere , for proving that we might without just offence to any , joine with you in subscriving the covenant , are sufficiently answered in our first replye . for , first , it is not yet decerned in a nationall assembly , whether your interpretation added to the old covenant , be in all points sound or unsound ; and therefore we have reason to think , that this new covenant , is not substantially one with the old : chiefly seeing it addeth to the old covenant , not onely your interpretation of it , but also a promise of forbearance of the practise of pearth articles , untill they be tryed in an assembly ; and like-wise a band of mutuall defence , by force of armes , made without the kings privity and consent . secondly , your inference of mutuall defence , against all persones whatsoever , drawne from the words of the old covenant , is meerly invalide . for nothing was pactioned or promised in the old covenāt , without the kings majesty his privity ; but the band of mutuall defence , against all persons whatsoever , in this your new covenant , is without the command or consent of the king , to whom only the sword is given in this kingdom , immediatly by god. see to this purpose the words of king iames the sixth of blessed memory , in his booke entituled , the law of free monarchies , in the english edition of his royall workes , at london , anno 1616. pag. 206. that which ye adde concerning the generall band , is also little to the purpose , for that band had the kings warrand , whereas his majesty doeth now forbid your covenant . thirdly , although the former oath subscrived , did appertain onely to the persons of the subscrivers , all the dayes of their lives ; yet you have in your interpretation , extended the obligation thereof , to the present and succeeding generations in this land , without any warrand either from publick lawes , or from the words of the oath it self : which also is a substantiall difference betwixt that oath , & your late covenant . whereas ye alleadge , that the warrand which the old covenant had from king , counsell , and assembly , remaineth virtually , and was never yet discharged ; we answere , it remaineth not , and that because king iames of blessed memory , disalowed that little confession , in respect of the inconveniency of the multitude of negatives , as is cleare by his majesties words , published in the printed summe of the conference holden at hampton court , anno 1603. and no former act of counsell , made in the time of any former king , doeth sufficiently warrand our consciences to subscrive any oath now , which seemeth to us to be disagreable to the act of parliament ; and which our present dread soveraigne lord , the kings ma●esty , by his publick proclamations ; and other intimations of his royall pleasure , forbiddeth us to subscrive . and as for the acts of these two assemblies , which did enjoine subscription to the said little confession , they were relative to the kings mandate , which is now expired by his own declaration , and with his royall breath , according to that cōmon maxime : morte mandatoris expirat mandatum . extra . d● officio & potestate judicis delegati , cap. 19. relatum est in glossa . for the injunction was given for that time onely , as we conceive ▪ being warranded by the words of these assemblyes . 11. these that were suspect of papistrie amongst us , have not been urged by us to subscrive that negative confession ; but onely some articles relative to the nationall confession . and as ●or such as receive degrees , in philosophie , in our colledges , they doe sweare onely to the true reformed religion , as it is publickly professed and preached , according to gods word , in this kirke of scotland , and established by publicke authority , with a generall abjuration of all , both popish , and other heresies contrary thereto . and those who receive degrees of divinity , doe more expresly sweare to the orthodox determinations of the ancient catholicke kirke , as is evident by the words of the oath , whereof the tenor followeth . e go a. b. sancte & ex animo coram omniscio & omnipotente deo consiteor & profiteo sidem eam quae de sancta trinitate , & mediatore emmanuele à sanctis patribus in sex primis oecumenicis conciliis , contra pauli samosateni , sabellii , arii , macedonii , apollinaris , nestori● , eu●●chetis , & mon thelitarum haereses proposita explicata & defensa est , esse vere christianam , orthodoxam , catholicam , ex sacris canonicis scripturis ha●stam ; symbolum quoque sancti a ▪ hanasii ut similiter orthodoxum me recipere . item me ex animo de●estari haeresin pelaginam , ejusque reliquias semipelagianas , & eas haereses quae imaginibus aut ulli merae creaturae religiosam concedunt ad●rationem . item , me monarchiam papae romani in universam ecclesiam , & ejus cùm in spiritualibus tùm in temporalibus primatum , & judicii papalis in religionis controversiis infallibilitatem , tanquam antichristiana deliramenta rejice●e . omnes etiam alias haereses tum ol●m invectas , tum recens sub romani pontificis tyranmde natas anathematizo . agnosco spiritum sanctum in canonicis v. & n. testamenti scripturis per prophetas , evangelistas , & apostolos loquentem , esse nobis unicum , supremu● , infallibilem , & ordinarium omnium de fide vitaque christiana contraversiarum iudicem . et s. scripturam canonicis v. a● n. testamenti libris comprehensam esse unicam , certam , stabilem , perfectam , totalem regulam fidei vitaeque christianae , tum quoad textum , tum quoad interpretationem authenticam seu divinae authoritatis ; & hanc quae hodie in ecclesia scoticana palam & publica authoritate ex sacro d e i verbo proponitur decredendis , sperandis , amandis , doctrinam esse orthodoxam , catholicam . et ipsam hanc ecclesiae scoticanae doctrinam , ●e ad extremum usque vitae meae hali●um constanter per d e i gratiam professurum & pro ●●● vocatione defensurum sancte promitto , juro . insuper almae h●i● universitati c●i hunc scholasticum ( docturae theologicae ) honore●● d●●ebo , me nunquam ingratum futurum , sed semper ei ex animo fa●turum , ejusque commoda , pie serio , sedulo , fideliter promoturum sanct● etiam ●oram eodem omniscio & omnipo●ente d e o promitto , juro . we , who were graduated here , did sweare this oath , and now , for satisfaction of others , we all doe sincerly attest god , that we doe , and shall adh●are to it , constantly , all the dayes of our life . 12. ye doe againe object to us , that we have presumed to disallow your expl●nation of the late covenant , which hath beene publickly allowed by his majesties commissioner : adding thereto , that we will have the kingdome guiltie of combination against authority , & that we will not have the king to be satisfied ; whence ye ●nferre , that our dealing is more sutable to papists , and such incendiaries , then for us ; who desire to prove good patriots , in using all meanes of pacification . but certainly ye wrong us : ●or what was done by his majesties commissioner , anent your declaration and explanation of your covenant , is evident by his grace own letter , lately written to us of that matter ; whereby his grace hath declared , that he was no wayes contented therewith , and that his majesty hath not received any satisfaction thereby . the same is evident also , by his grace own manifesto , prefixed to our demands , your first answeres , and our first replies ; reprinted at edinburgh , by his gr. speciall command . to the which manifesto , or declaration of his majesties high commissioner , we remit the reader , for his full satisfaction , in this , and some other points of your answeres . 13. we intend not to beare upon you , and your associates , ( who take to your selves the name of the kingdom , here in this your answere ) guiltinesse of combination against authority , as we have protested and declared , in the end of our ●romer replyes : but in the tendernesse of our consciences , we doe uprightly ●ignifie to you our scruples , which hinder us from approving or subsc●iving your covenant . and we are so free of that odious imputation , of taking part with any incendiaries , or imitating any proceedings of that kinde ; as we heartily wish , and shall endeavour , to prove good patriots , a●d christians , in such evident love of trueth and peace , as it shall be manifest , that we neither have beene , nor shall be authors , or fomen●ers , o● this miserable combustion . 14. ye are sory , ye say , that we should account your covenant , to be a confederacie against the trueth ; and ye affirme , that ye labour with men , to joine with you in sincerity , and not through humane feares . now , reverend brethren , in the feare of god , laying aside all humane feare , we doe sincerely declare , that if we thought your covenant , in all points agreable to the ●rue●h , we should make no opposition there●o . and we doe heartily wish , that according as ye doe here professe , ●o indeed no man be threatned wi●h worldly terroures , to goe your way . we aim● indeed , at the same end which ye professe , to wit , at the trueth and purity of religion , and peace of church and kingdom : but we are not as yet perswaded , that your way is lawfull and convenient , for attaining to this end . the ii. duply. vve desire al troubles to be prevented by allowable means , but are not perswaded to reckon in that number , this your covenanting , and conventions , which we esteeme to have been the occasion of much trouble . as concerning your question , whereunto ye so earnestly require our answere , to wit , whether we would have received the b●okes of service and canons , or used such meanes , as ye have used for avoiding them ? ye shall know , that if we had been of your judgement , concerning those bookes , we would neither have received them , nor yet used any meanes unlawfull for opposing of them , ( such we thinke your covenant and conventions , prohibited by authority to be , untill we be better informed ) but would have used humble supplication to his majestie , for removing those evills : and if we had found no remeed thereby ▪ would have resolved , according to the practise of ancient christians , either to ●●ee his majesties dominions , or else patiently to suffer what●oever punishment it should have pleased him to ins●ict . in the meane time , concerning those bookes of service and canons , we rest content with his majesties gracious proclamation : and if hereafter our opinion of them shall be asked by authority , we shall sincerely and unpartially deciare it . 2. your urging of us again , with the saying of king iames , for●eth us to manifest his meaning by his own words , perhaps contrary to your wish or expectation . that most wise and religio●s king , neare the beginning of his booke , concerning the powder treason , writeth expresly , that such a rising up of the bodie , pro aris , & focis , & pro patre patriae , ought to be according to every ones calling and facultie . which words at least doe import , that the moving of the politick body , in whole , or in par● , ought not to be against the will & direction of the head . this is cleare by that which the same king hath written in his booke entituled , the true law of free monarchies , whereby many strong arguments , he doeth a● length demonstrate , that in a free monarchie , ( such he proveth this his ancient kingdom of scotland to be ) the subjects for no occasion or pretext whatsoever , may take armes , without power from the king ; and much lesse against him , whether he be a good king , or an oppressour ; whether godlie , or ungodlie ; although the people have might and strength humane . and comprehendeth the sum of all his discourse concerning this matter , in these words following . shortlie , then , to take up in two or three sentences , grounded upon all these arguments , out of the law of god , the duety and alleadge●nce of the people to their lawfull king : their obedience , i say , ought to be to him , as to gods lievtenant in earth , obeying his commands in all things , except directly against god , as the commands of gods minister ; acknowledging him a judge set by god over them , having power to judge them , but to be judged onely by god , whome to onely he must give count of his judgement . fearing him , as their judge ; loving him as their father ; praying for him , as their protector ; for his continuance , if he be good ; for his amendement , if he be wicked ; following and obeying his lawfull commands , eschewing and fleeing his furie in his unlawfull , without resistance , but by sobbes and teares to god , according to that sentence used in the primitive church in the time of the persecution , preces & lachrymae , sunt arma ecclesia : that is , prayers and tears , are the armes of the church . 3. ye told us before , and now againe doe repeat it , that the first par● of the act of parliament 1585 , is relative to another act in queen maries time , forbidding bands of manrent . we knew that sufficiently before ye told it , and passed by that part of your answere , as not percinent for our argument : so that ye needed not now againe , to put us in minde of it . but we may justly challenge you , for not answering that which we objected , concerning the second part of that act ; for it reacheth farther , then that act made in queen maries time , and of new statuteth and ordaineth , that in time comming , no leagues or bands be made amongst his majesties subjects of any degree , upon whatsoever colour or pre●ence , without his highnesse or his successoures privity and consent , had and obtained thereto ; under the pai●e to be holden and exe●ute as movers of sedition and unquyetnesse , &c. whereunto also is consonant the 131. act made in the 8 parliament of king james the sixt , anno 1584 ; where it is ●●atuted and ordained by the king and his three estates , that none of his highnesse subjects of whatsoever quality , estate , or function they be of , spirituall or temporall , presume or take upon hand to convocate , conveane , or assemble themselves together for holding of councells , conventions , or assemblyes , to treat , consult , and determinate in any matter of estate , civill or ecclesiasticall ( except in the ordinary judgements ) without his majesties speciall commandement , or expres licence had and obtained to that effect , under the pai●es ordained by the lawes and acts of parliament , against such as unlawfully convocate the kings liedges . and whereas ye finde fault , that we dispute from the act of parliament , and that we doe precisely adheare to the letter of the law , we pray you to consider , that the nature of this question leadeth us to the act of parliament . beside , it seemeth strange , that ye should challenge us in this kinde , since for justifying of your union ( as ye call it ) ye have amassed a great number of acts o● parliament , and inserted them in the booke of your covenant . we omit the misapplying of these acts , which were made against popery , and not against all these things , which ye doe now resist as popish . neither can we perceive , how these acts of parliament adduced by you , to justisie your union , prove that point . moreover , some of these acts cited by you , as namely , the 114 act made in parliament anno 1592 , in so farre as it is against episcopall government , and all other of that sort , are expresly rescinded by a poste●ior act made in parliament anno 1612. how could ye in a legall dispute , for justifying your union , produce rescinded acts , as if they were standing lawes , and passe by the posterior acts , which are yet lawes standing in vigour , whereby these other acts are rescinded ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i. e. constitutiones tempore posteriores , po●●ores sunt his qu● ipsas praecesserunt . ●● ▪ de constitutionibus principum , l. 4. 4. we doe adheare in our former replye , not onely to the letter , but also ( according to our conception , without prejudice of better information ) to the very reason and life of the law. the sentence cited by you , to wit , salus reipub. suprema lex esto , or the safety of the common-wealth should be the chiefe law , serveth for a good direction to rulers , in making or changing of lawes , or in judging according to them : whence in the lawes of the 12 tables , these words are applied to this purpose . this is observed by king iames of blessed memory , in his often mentioned book of the true law of free monarchies : for albeit , sayeth he , that i have at length proved , that the king is above the law , as both the author and giver of strength thereto ; yet a good king will not onely delyte to rule his subjects by the law but even will conforme himself in his own actions thereunto , alwayes keeping that ground , that the health of the cōmon-wealth be his chiefe law. and where he seeth the law doubtsome , or rigorous , he may interpret or mitigate the same , lest otherwise summum jus be summa injuria : but this sentence doth nowayes warrand subjects to refuse obedience to standing lawes , against the will of the supream law-giver , who is a speaking law. for this were to open a doore to all confusion , which would not prove the safety , but the ruine of the common-wealth . as for that which ye said before of the generall band , and confession of faith , and which here again ye doe alleadge for your covenant , we have signified our opinion thereof , in our preceeding duply . the responses and verdicts of juris-consults concerning your covenant , are not known to ●s , nor yet the reasons and inducements , which moved them to give out their declaration in your favoures , as ye alleadge . of obedience , due by subjects , to authoritie . 5. the point touching royall authority , is not so full of thorns and rocks as ye give out , if men would be pleased unpartially to hold the plain and patent way , laide before us by holy scripture , and by orthodox antiquity , and by many eminent divines in the reformed church , and learned politicks ; which we shall here make manifest , after the vindication of those three famous theologues , ( whitaker , bilson , and rivet ) whom ye would have the reader to esteem favourers of your opinion . 6. doctor whitakers words against william raynold , translated into english , out of the latine edition at oppenheme , anno 1612. pag. 51. are these , he relateth the timults and troubles , which were raised for religion , in germany , france , and boheme : as if that one thing were sufficient to condemne them , because once they did oppose themselves , and resisted the violence offered to gods trueth , and to themselves : whereas notwithstanding , fayth , oath , and publicke edicts , & finally the lawes themselves gave them warrand to doe the same . i will not say more of this matter , which is nowise pertinent to the present purpose , especially seeing not onely their just apologie , but also the edicts of the princes themselves have liberated them from the crime of rebellion . by these words of doctor whitaker , which ye have cited , the reader may easily perceive , that he doth nowayes mantain or allowe taking of armes by subjects , without warrand of the publick lawes , and approbation of the prince ; but excuseth what was done in those warres , by the allowance of the lawes and edicts of princes . 7. so also doctor bilson , in his book entituled , the true differēce betwixt christian subjection , and unchristian rebellion , printed at oxford anno 1585 , pag. 382. in the wordes cited by you , declareth evidently , that he speaketh of such republickes and states , as have defences warranded by fundamentall covenant , in that government . but what is that doctors minde , concerning the duetie of subjects , in a free and absolute monarchy , is evident by his own words in that same book , pag. 380 , where disputing against a jesuit , he sayeth ; warre for the catholick religion , is both lawfull and honourable , you say : you must adde , of the subjects against their prince , or else you range cleane besides our question . we strive not what causes may lead christian princes to make warre on their neighboures , but whether it be lawfull or tollorable for the subject , to beare armes against his naturall and absolute prince . you prove , which is nothing to our purpose . but , sir , in this enterprize , the person must b● respected as well as the cause : be the cause never so just , if the person be not authorized by god to draw the sword , they be no just nor lawfull warres . private men may not venter on warres , unlesse they be directly warranded by him that hath the sword from god. and again in that same book , pag. 502 , our saviour for teaching his , that they should be brought before kings and rulers , and put to death , and hated of all men for his name sake : addeth not , as you would have it , and he that first rebelleth , but , he that endureth to the end , shall be saved ; and again , not with violence restrain them , but in patience prossesse your own souls . this is the way for all christian subjects to conquer tyrants ▪ & this is the remedy provided in the new testamēt against all persecutions , not to ●esist powers , which god hath ordained , lest we be damned : but with al meeknes to suffer that we may be crowned . and pag. 513. he showe●h , that manifold formes of common-wealthes , make diverse men speake diversly of the magistrats sword . and pag. 518 he pleadeth , that the subjects in england , have not that lawfull warrand , to draw the sword without consent of their prince , as the germans have without consent of the emperour ; and this discourse he prosecuteth in ●ome following pages . 8. the same is the meaning of doctor r●vet , ( as we take it ) in his commentarie upon the psalm . 68. where he distinguisheth between an absolute principality , and such a principality as is only conditionall , pactionall , conventionall . of this second sort are to be understood , his words of just and necessary defence . but of the absolute principality speaking in that same place , he recommendeth to subjects , rather suffering of martyrdome . and this to be his meaning , appeareth more clearly by his last declaration concerning this question , in his late treatise entituled , iesuita vapula●s : where being pressed by an advesary , he handleth this question of purpose . in the mean time , we wonder very much , that ye have not directly answered to these remarkable wordes of doctor rivet , alleadged by us in our reply , wherein he plainly averreth , that the doctrine of bu●han●●● , knox , and goodman , concerning subjects resisting their lawfull princes , is not approved by any sound protestant . we expected from you , a full and particular answere , and now againe we would gladly heare , whether ye approve the judgement of rivet , concerning that doctrine of these writers , or not . 9. thus having vindicated these three divynes , which ye alleadge for you , we come now to those testimonies which we promised , for clearing of the plainness of the way touching authority . first , it is evident by holy scripture , that it is unlawfull for subjects in a monarchicall estate , ( such as is this kingdom of scotland ) to take armes for religion , or for any other pretence , without warrand and power from the prince , and supreame migistrate . for the scripture teacheth us , that the sword belongeth onely to the king , and to them who are sent by him , rom. 13. 1. pet. 2. 13. 14. that we ought to keep the kings commandement , and that in regarde of the oath of god , eccles. 8. 2. and , that we should be subject , not only for wrath but also for conscience sake ; because the powers that be , are ordained of god : whosoever therefore , sayeth s. paul , resisteth the power , resisteth the ordinance of god , and they that resist , shall receive to themselves damnation , rom. 13. in the words of the apostle s. paul , there is a remarkable opposition betwixt subjection and resistance , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; implying , that all militarie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whether defensive , or offensive , if it be against the superiour power , which god hath set over us , is forbidden . in like manner we reade matth. 26. 52. that all they that take the sword , shall perish with the sword. now certaine it is , that in a free monarchie , subjects have not the sword from god , except by the hand of the king , to whom only god hath immediately given it . and therefore whosoever taketh the sword without his warrand , hath just reason to feare the foresaid warning of our saviovr . many other places of scripture might be adduced to this purpose , which for brevity we omit , and doe proceed in the next rowme to some testimonies of ancient fathers , and other writers . 10. t●rtullian , in his apologeticke , chap. 30. and 33. and 37. telleth vs , that the ancient christians in his time , although having a● heathen and persecuting emperour , did honour him , as chosen of god , and second from god , and first after god , and did choose rather to suffer , then to make resistance by force of armes , although they lacked not number , and strength to doe it . 11. the like example have we in that renowned thebean legion of 6666 christian souldiers , called agaunenses , from the place of their suffering , who without making resistance , as they had strength of hand to have done , suffered themselves rather to be slain , for their christian profession , by the officers of maximian the emperour , executors of his cruell commandement against them . this fell out in the 18 yeare of diocletian , as ado viennensis writeth in his chronicle , which was the yeare of god 297 , as cardinall baronius reckoneth in his annalls . and of that their christian cowrage , and pious resolution , venantius fortunatus , an ancient bishop of poictiers , hath left unto us these encomiasticke lynes , in the second book of his poems ▪ biblioth . patr. tom. 8. edit . 4. pag. 781. queis , positis gladiis , sunt armaè dogmate pauli , nomine pro christi dulcius esse mori . pectore belligero poterant qui vincere ferro , invitant jugulis vulnera chara suis. 12. gregorie nazianzen , in his first oration , speaking of the persecution by iulian the apostate , when the christians were moe in number , and stronger in might of hand , to have made open resistance , if they had in their consciences found it agreable to their christian profession , declareth plainly , that they had no other remedy against that persecution , but patient suffering for christ , with gloriation in christ. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 13. s. ambrose , having received imperiall commandement , to deliver the sacred houses , or churches , to be possessed by the arians , declareth what he thought convenient to be done in such a case ; to w●t , neither to obey in that which he could not performe with a good conscience , no● yet to resist by force of armes . his wordes to the people , ( con●ione 1. contra auxentium ) are these ; a why , then , are ye troubled ? i shall never willingly leave you . if i be compelled , i can not gain-stand . i may be sory , i may weep , i may sigh . against armes , souldiers , the gothes also , my teares are armes : for such are the guardes of a priest. otherwise i neither ought nor may resist . and in the second book of his epistles , and 14 epistle , to his sister marcellina , speaking of that same purpose , he sayeth ; b i shall not fortifie my selfe with a multitude of people about me . — we beseech , o emperour , we fight not . — i may not deliver the church ; but i ought not make resistance . 14. such also was thē doctrine and practise of many other great lights , which shined in the dayes of iulian the apostate , and in the dayes of the arrian emperoures , and gothicke arrian kings . 15. s. augustine , writing of a lawfull warre , acknowledgeth that only to be lawfull , which hath authority from the prince . for it is much to be regarded , ( sayeth he ▪ ) for what causes , and by whose authority , men undertake warres : but that naturall order , which is accommodated to the peace of mortall men , requireth this , that the authority and counsell of undertaking warre , be in the power of the prince . 16. the imperiall lawes doe say the same , ff . ad legem iuliam majestatis . leg. 3. eadem lege tenetur , & qui injussu principis bellum gesserit , delectumv● habuerit , ex●rcitum comparaverit . et cod. ut armorum usus inscio principe interdictus sit . nulli prorsus nobis insciis , atque inconsultis quorum libet armorum movendorum copia tribuatur . these are the words of the emperoures valentinian and valens . et cod. de ●e militari , leg. 13. nemo miles . nemo miles vel sibi vacet , vel aliena obsequia ●e nutu principali peragere audeat , &c. 17. bodin , in his first book de republica , cap. 10. num. 155 and 156. ( pag. 244. edit . latin. 4. ursell . anno 1601. ) reckoneth among the proper rights of majesty , the right and power to make warre : and this he showeth to appertain , in a free monarchie , to the prince onely . 18. to this meaning sayeth peter martyr ; as concerning the efficient cause , it is certain that warre may not be made without the authority of the prince . for paul sayeth , that he beareth the sword : therefore he may give it to whome he willeth , and may take it from whome he willeth . loc. com. class . 4. cap. 16. § 2. and a little after , to wit , § 7. he reciteth and commendeth a saying of hostiensis to the same purpose . 19. calvin , in the four●h book of his institutions , in the last chapter of that book , disputeth the question at length , and by many strong arguments evinceth , and concludeth , that it is nowise lawfull for subjects , to resist their prince by force of armes ; whether the prince be godly , and just ; or ungodly , and unjust in his conversation , and commandements : and , that nothing remaineth to subjects in such a case , but to obey or suffer . where understand , that fleing is a sort of suffering . neither are his words subjoined in the 31 sect. to wit , i speake alwise of private men , &c. contrary to this . for first calvin in this dispute , indifferently useth the names of private men , and subjects : and therefore , in the 22 sect. at the beginning of it , he termeth those of whose duety he disputeth , subjects . and indeed , whosoever is a subject , is also , in respect of the supream ruler , a private man. although magistrats , who are under the king , be publick persons , in respect of their inferiours ; yet being considered , with relation to him that is supream , 1. pet. 2. 13. they are but private . as in dialecticke , an intermediate genus , although in respect of the inferiour species , it be a genus ; yet in relation to the superiour genus , it is but a species . all power of governing , is so subjected to the supream power , that whatsoever is done against the will of the supream ruler , is destitute of that power ; and consequently , is to be esteemed for a private act . for , as we are taught by the philosophers , order can not be , but with a reference to that which is first . hence king james , in his book of the true law of free monarchies , pag. 206. affirmeth , that all the people are but private men , the authority being alwise with the magistrate . secondly , this is manifest from the very words of calvin , in that same 31 sect. for there he excepteth none from the necessity of obeying , or suffering , when kings command things unjust ; but onely popular magistrats , appointed for restraining the licentiousnesse of kings . now , where such magistrats are erected , it is certain , that a king , in such a common-wealth , hath not the supream power : for if he had the supream power , none could force him , since an inferiour can not force his superiour . this can not be done , but onely by him , who is superiour , or at least equall . thirdly , this is clear also by the examples adduced by calvin ; namely , the lacedamonian ephori , the roman tribunes , and the athenian demarchi . when the ephori were set up in lacedaemon , the kings of lacedaemon , were but kings in name , and had not the supream power , as it is confessed by the learned . so when the tribunes had their full power in rome , the supream power was in the people : and in like manner it was in athens , when the demarchi had power . therefore , from this nothing can be inferred for the lawfull resistance of subjects , to a monarch , or king , properly so called . fourthly , calvin applying this to the kingdomes that now are , sayeth no more , but that peradventure the three estates assembled in parliament , have that same power , which the fore-mentioned ephori , &c. had . here it is to be marked , that he sayeth onely , peradventure it is so ; which can be no warrand to a mans conscience , in a matter of so great importance . for he that resisteth his superiour by force of armes , should not onely thinke , that peradventure he hath power , but should be assuredly perswaded , that he hath power so to doe . when there is no more said , but that peradventure such a thing is , it may be as reasonablie said , peradventure such a thing is not . neither doeth he give this power even peradventure , but to the three estates assembled in parliament . hence the learned rivet , speaking of calvin his minde in this place , sayeth , that he giveth no power to people over monarchs , properly so called ▪ the same also is observed , concerning calvin his minde , by albericus gentilis , in his third royal dispute . 20. the same doctrine also is delivered by king iames of blessed memory , in his book entituled the true law of free monarchies , by hugo grotius in his first book de jure belli & pacis , cap. 4. by leonhartus hutterus , in his common places , loc. 32. cap. 3. iohannes gerhardus in the 6 tom. of his cōmon places , in his treatise de mastistratu politico , num. 483. where he discourseth accuratly of this matter : zepperus in his 3. book de politia ecclesiastica , in the last section of the 13 chapter , pag 573. edit . herborn . 1595. alberious gentilis , in his regall disputations , disput . 3. de vi civium in regem semper in●usta . iohn bishop of rochester , in his work written against bellarmine , de potestate papae in rebus temporalibus , lib. 1. cap. 8. class . 2. where he adduceth a clowd of many moe authors . m. antonius de dominis , in his book called ostensio errorum prancisci suarez , cap. 6. § 27. iohannes angelius werdenhagen , i. c. in his politica generalis , lib. 3. cap. 10. quest. 14. 21. by these testimonies we intend not to lay upon you , or any of our country men , any imputation , or to take upon us to give sentence concerning their proceedings : but onely being invited hereto by your last answeres , we thought it our duety , to signifie to the reader , that many ancient and late famous writters are not of that opinion , either to think the question touching authority , so full of rocks and thorns , as you call it , or yet to favour such a defensive taking of armes , as you think to be allowed by whitaker , bilson , and rivet . 22. now to prosecute what remaineth of your answere : whereas ye say , that when ye justifie your covenants and conventions , from their purposed ends , ye meane not onely the last and most remo●e ●nds , but the nearest and immediate ; we pray you tell us what ye meane by the nearest and immediate end : if ye meane the object it it selfe , ( which the schoole-men call finem intrinsecum & proximum ) then the lawfulnesse and equity of the matter , vowed and promised in the covenant , is all one with the goodnesse of the end of it . whence we inferre , that seeing the matter promised by you in this your covenant , to wit , your mutuall defence against all persons , none excepted , is in our judgement unlawfull , and forbidden by a lawfull authority ; the end , of your covenant is meerly evill : but if by the nearest end ye meane any thing which is diverse from the object , then we still affirme against the last part of your first answere , to our second demand , that conventions , and covenants , and all other actions , are to be esteemed and judged of , first or principally by the equity of the object , and then by the goodnesse of the ends of it , whether they be fines proximi , or fines remoti . 23. we doe not joyne with the papists , blamers of our reformation , ( as ye seeme to beare upon us ) because they hate and oppugne our reformed religion , which we love and defend . neither doe we take upon us to censure the proceedings of our reformers : but we stryve , by the grace of god , so to carry in our own time , and to walke wisely in a perfect way , as our adversaries the papistes , may get no advantage to pleade for their unwarrantable doctrine and practises , by any pretence of our example . the iii. duply. in your third answere , passing lightly from our reply , ye fall into some unexpected digressions , concerning the service book and our thoughts thereof : we esteeme it a matter beyond the compass of humane judicatory , to sit upon the thoughts of other men . as for those outward expressions , which ye alleadge upon some of us , of not seeing erroures in that book , or groaning for it ; ye shall understand , that such multiplicity of popish erroures , as was alleadged by some of you , to be in that book , was invisible to some of us . although to enter in a particular examination or cōsideration , of every poynt and sentence in that book , is not now time nor place . neither did any of us professe groaning for that book in particular , but for an uniformity of divyne service throughout this nationall kirk , and a more perfect forme then we yet have , that the publick service were not permitted to the severall judgements , and private choise of every minister and reader . which also was thought convenient by the nationall assembly of the kirk of scotland , holden at aberdene , anno 1616. 2. whether that service book ( now discharged ) containeth any innovation of religion , or any thing contrary to the protestant religion , ( as ye alleadge ) we doe not dispute now . but we doe assuredly believe , the piety and sincerity of his majesties intention , ever to have been , and still constantly to be , as it is graciously declared by his majesties late proclamation . and we are certainly perswaded ▪ that his majesty hath given order , to discharge all the acts of counsell , made anent the canons and service book ; and are credibly informed , that they are discharged by act of counsell , [ at holy-rood-house , the fifth of iullie last ] according to the order given by his majesty . also , we see no such just cause of fear , as may import your alleadged necessity of covenanting ; seeing his majesty will not presse any thing of that nature , but in such a faire and legall way , as shall satisfie all his loving subjects : that he neither intendeth innovations in religion nor lawes ; as we declare in our former replye , to which ye have not sufficiently answered . neither was it necessary , for removing of any just feares , that his sacred majesty should disallowe that service book , as ye require ; but it was sufficient , to discharge it , in manner foresaid . 3. ye doe conclude your answere unto our third replye , with an uncouth and incredible position , whereof ye bring no proofe at all , but onely this bare assertion ; whosoever professe themselves , to bee perfectly satisfied with the proclamation , doe proclaime in the ears of all the kingdom , that they are better pleased with the service book , and canons , then with the religion , as it hath been professed in this land since the reformation . this your thesis , is so evidently weak , that we need no more for the over-throw thereof , but to oppose thereunto this our playn and undenyable antithesis ; who professe themselves to be perfectly satisfied with that proclamation , whereby the service book , and canons are discharged , and the religion professed in this land since the reformation , is established , doe proclaime in the ears of all the kingdom , that they are better pleased with the religion professed in this land since the reformation , then with the service book , and canons . the iv. duply. ye● alleadged before , and now again doe affirme , that we have mistaken your interpretation of the old covenant , as if it had been given out judicially by you , and , as if ye had intended to enforce it upon others . to free your selves of this imputation , ye said in your first answere , that ye intended onely to make knowne your own meaning according to the mynde our reformers , and in charity to recommend it to others . hence we inferred in our replye , that ye ought nor to obtrude your interpretation upon us , nor molest any man for not receiving the same . to this now ye say in your second answere ; although you neither use threatnings , nor obtrude your interpretation upon us , yet we must pardon you , if ye match us not with the greatest part of this kingdom , in whose name , by all fair meanes ye recommend it to us . truely , brethren , we are not offended with you , for preferring the judgement of so many , to our judgement , who are but few in number : neither need ye to crave pardon of us for this . but concerning these faire meanes , and that force of reason whereby , ye say , ye recommend your interpretation of the old covenant to us , pardon us , if the experience we have , both of your writings and proceedings , make us to oppose this your assertion . for in your writings we expected indeed , but have not found that force of reason , whereof ye speake : and as for the proceedings of those who have subscrived your covenant , we of all men have least reason to believe that they use no threatnings , seeing we hear daylie so much their threatnings against our selves . 2. whereas for clearing of that which ye said before , concerning the minde of our reformers , ye affirme , that the authoritative judgement of our reformers is evident , not only by the confession of faith ratified in parliament , but also by the books of discipline , acts of generall assemblies , and by their own writes : first , we marvell , how ye can say , that the private writings of master knox , and others , who with him were instruments of that great worke of reformation , have publicke authority to obliedge the subjects of this kingdom . the legislative , and obligatory power of the church , is only in synods or conventions of bishops and presbyters , and not in particular persons expressing their minds apart . next , this church in the former age , by abrogating the office of superintendants , established in the first book of discipline , hath declared , that the statuts and ordinances contained in those books , are not of an authority perpetually obligatory , but may be altered or abrogated by the church , according to the exigencie of tyme. the same likewise is manifest by the abrogation of summary excomunication , which this church did abolish , although it was established in generall assemblies , wherein master knox , and other reformers were present . we need not to insist much in this , seeing so many of you , who are subscribents , mis-regard the ordinances of our reformers , prefixed to the psalm book , concerning the office of superintendants , or bishops , funerall sermons , and set formes of prayer , which they appointed , to be publickly read in the church . hence the reader may perceive , that ye have no warrand for your interpretation of the old covenant , from the authoritative , and obligatory judgement , of the reformers ; feeing ye can not ground it upon the confession of faith ratified in parliament . as for those other meanes mentioned by us , to wit , scripture , antiquitie , and consent of the re●ormed churches , that they truly make for us , and against you , the unpartiall reader may perceive by these our disputs . whether or not episcopacie and pearth articles , be abjured in the late covenant . 3. as for the second mistaking mentioned by you in your answere , we did show in our replye , that in your covenant , pearth articles , and episcopacy , are abjured . and for proving of this , we asked of you , what ye meaned by the recovery and liberty of the gospell , as it was established and professed before the foresaid novations ? and what is that period of tyme , to which your words there have reference ? that is , whether it be that period of time , when the service book , and book of canons , were urged upon you ? or if it be the time , when pearth articles , and episcopacy , were received in this church ? but , truely , your answere to this , is nowise satisfactory , nor hath so much as a show of satisfaction . for ye are afraid to expresse that period of time , lest ye beforced to grant , that which we before objected . and yet your speach bewrayeth you : for seeing ye answere onely to that which we said concerning the last of these two periods , we collect , that by the recovery of the liberty and purity of the gospell , as it was established before the fore-said novations , ye mean the reducing of the policy of this church , unto that estate in which it was , before pearth articles , and episcopacy , were established . and hence we inferre , as we did before , that in that part of your covenant , ye condemne and abjure pearth articles , and episcopacy , as contrary to the purity and liberty of the gospell . 4. ye seeme to answere , that in that part of your covenant , ye condemne not , pearth articles , and episcopacy , but those abuses & corruptions , which have accompanyed them ; such as the superstitious observing of dayes , cessation from work on those dayes , feasting , guysing , and the grosse abuses , which have entered in the sacramēt , upon kneeling before the elements : and , that in respect of these abuses , we who allow pearth articles , and episcopacy , may sweare without prejudice of our cause , to recover the purity and liberty of the gospell , as it was established , and professed , before these novations . 5. but , first , let any indifferent , or unpartiall man , who knoweth the state of our church , judge , whether or not it be lykely , that your vowe , of the recovering the liberty and purity of the gospell , as it was before episcopacy , and pearth articles , were introduced , importeth onely an intention of removing of the consequents of pearth articles , and episcopacie , and not of the removing of those things themselves ? truely we are perswaded , that they who know the state of this church , and your mind , concerning these things , will think this your glosse of your own words , to be violent , and excogitated for eluding our argument . 6. secondly : who can thinke , that ye , and others , contryvers of the late covenant , who condemne p●arth articles , and episcopacie , as much as ye doe the consequents of them , have only vowed , to remove their consequents , and not remove themselves ? 7. thirdly , is it possible , that any can promise and vow , to labour for the curing of so many , and so great pretended deseases of this church , ( we meane these abuses which ye say , have accompanyed pearth articles and episcopacie , ) and in the mean time promise , and intend nothing concerning the removing of the causes of them ? 8. fourthly , how can we , without great prejudice of our cause , acknowledge , that these grosse abuses mentioned by you , have entred in the sacrament , by kneeling before the elements ( ye should have said at the receiving of the elements ) for seeing kneeling at the receiving of the sacrament , is confessed by us to be a matter indifferent ; if in our oath , we acknowledge these grosse abuses to have entred in upon kneeling , it will probably follow in the judgement of some , and in our judgement , who recommend this oath unto us , it will follow infallibly , that kneeling for the evill consequences thereof , ought to be removed . doe ye not here cunningly deale with us ? for although ye urge us not , as ye say , to sweare and promise the removing of kneeling , yet ye urge us , by your own confession , to promise the removing of these abuses occasioned by kneeling : which being acknowledged by us , ye will then take upon you to demonstrate , that kneeling it selfe ought to be removed : for ye hold it for a maxime , that things indifferent , being abused and polluted with superstition , should be abolished . we cannot sufficiently marvell , how yee who are of this minde , can say to us , that we who allow pearth articles and episcopacie , may sweare to recover the liberty and purity of the gospell , as it was before , &c. for ye meane , that we may doe so , without prejudice of our cause . but we have already shown , that according to your judgement and doctrine , if we sweare that which ye would have us to sweare , our cause shall be much prejudged , yea , utterly lost . 9. fiftly : how can we sweare , to remove those grosse abuses entered in upon kneeling , as ye alleadge ; seeing we thinke , that no such abuses have entered in upon it ? yea , our people , try them who please , will show , that they are as free from all erronious conceits , concerning that holy sacrament , as any living in these congregations where kneeling is daylie cryed down . 10. sixtlie , as for these abuses and corruptions , reckoned up by you , as the consequents of the observation of festivall dayes ▪ to pass by that which before we marked concerning kneeling , to wit , that the granting of this were a great prejudice to our cause , some of these are not abuses at all , as , cessation from work . again , some of them have not come in upon the observation of the articles of pearth , as guysing , and feasting , ( ye mean excessive feasting , for otherwise it is not an abuse ) which onely fall forth on christmas festivitie . for sure we are , that these abuses have not come by the anniversary commemoration of christs nativitie , in the which by the ordinance of pearth assembly , all superstitions observation , and prophanation of that day , or any other day , is prohibited , and appoynted to be rebuked . this the reverend and learned bishop of edinburgh , in his defence of the act of pearth assembly , concerning festivities , pag. 63. proveth , because ( sayeth he ) we have lacked preaching upon christ-mas-day , these fifty seven years bygone , in our church , yet ryot , prophannesse , surfet , and drunkennesse , have not beene wanting . 11. seventhly , as for superstitious observation of dayes , ( whereof hitherto we have had no experience ) we marvell , that ye can reckon it , amongst the consequents of the observation of dayes : seeing in your judgement , it is all one with the observation of dayes . for ye think the observation of any day , except the lords day , to be , in the own nature of it , superstitious , and will-worship . 12. as for the last part of your answere to our argument , concerning the foresaid period of time ; where ye alleadge , that many corruptions of popish and arminian doctrine , have entered in the kirke , &c. we aske you , whether ye designe here another period of time , then ye did before ? or if ye design onely this self same period of time , in the which both the foresaid practicall abuses , and these doctrinall corruptions , have entered into this church , accompanying , as ye alleadge , pearth articles , and episcopacy ? ) or , last of all , if ye design no period of time at all ? if ye take you to this last , professing , that ye have here designed no period of time ; then ye answere not our argument , wherein we particularly , and expresly posed you , concerning that period of time , unto which your words cited oft before , have reference . if ye design the same period of time , then look how ye can escape our preceeding arguments , concerning that period of time . 13. but if ye design an other period of time , then we aske you , whether it be prior or posterior , to the period of time already mentioned ; to wit , the time preceeding the bringing in of the articles of pearth ? ye can not say , that it is posterior to it : for ye complained of arminian corruptions , even before pearth assembly ; branding some of the most learned of our church , with that aspersion . and of popish corruptions of doctrine , ye complained , when pearth articles , and episcopacy were established . for the doctrins , of the lawfulnesse and expediency of these things , are , in your judgement , meerly popish , and antichristian . neither can ye say , that it is prior to the foresaid period of time : for the time preceeding the inbringing of pearth articles , comprehendeth all that tract of time which interveened betwixt the reformation , and pearth assembly . 14. but we will yet more evidently convince you , by two other arguments , drawn from that part of your covenant , of which we are now speaking , and from the words of this your answere to our fourth replye ; for first in your covenant ye promise , and also will have us to promise with you , to forbeare for a time , the practise of pearth articles , untill they be tryed , as ye say , in a free assembly . but this ●orbearance importeth a manifest prejudice , and wronging of our cause : for this is a fore-acknowledgement , either of the unlawfulnesse , or else of the inexpediency of the matters , concluded in pearth assembly . for wherefore ought we in this exigence of the church , to forbear the practise of pearth articles , rather then of other rites of the church , except for some greater evill comprehended in them ? this will appear more evident , if we shall consider the reason alleadged by you , pag. 17 , wherefore we ought now to forbear the practise of these articles : to wit , because in the case of scandall , and sensible fear of superstition , we ought to doe so . now this case of scandall is not in your judgement , a temporary , but a perpetuall consequent of pearth articles . for ye think it will ever scandalize the papists , as if we were approaching to them : likewise ye think every one of them , and especially kneeling , to be inductive to sinne , ex conditione operis , by the very nature and quality of the work it self . whence it followeth , that they are necessarily and immutablie scandalous ; for whatsoever agreeth to any thing , in respect of the nature of it , it agreeth necessarily and immu●ably . if therefore we in this respect , swear the forbearance of pearth articles , we shall be holden to forbear pearth articles , not for a time , but for ever . 15. next , we pray you consider , what is meaned by the foresaid novations , in that part of your covenant , wherein ye promise to labour to recover the liberty and purity of the gospell , as it was before the foresaid novations . certainly these words cannot be understood of novations to be introduced , and which have not as yet entred unto our church . for the liberty and purity of the church is not as yet lost , yea , not impared by them , and so needeth not to be recovered by the removing of them . they must then be understood of the novations mentioned in the paren●hesis of your covenant ; that , is of all innovations already introduced by authority , and their alleadged consequents , which ye promise to forbeare , untill they be allowed , and tryed by a free assembly . hence any man may conclude , that although in your parenthesis , ye promise only to forebeare these novations for a time , yet in the words immediatly following , ye condemne and abjure them . for the recovering of the liberty and purity of the gospell , as it was established before the foresaid novations , importeth manifestly a removing of all these novations , which either in themselves , or in respect of their consequents , are contrary to the purity and liberty of the gospell . but all novations already introduced , are in your judgement of this kinde , and therefore your vow , of the recovering the liberty and purity of the gospell , importeth a removing of all the foresaid novations . 16. to conclude this argument : ye may see , that we have pryed no more narrowly into the expressions of your covenant , then we had reason ; and have laboured , not to scarre our selves , and others , with meere shadowes , as ye affirme . of our argument , ad hominem , and the weak retorsion of it , by the answeres . 17. now we come to our argument , or syllogisme , ad hominem , which hath so pinched you , that ye have not attempted to answer● to any of the propositions of it . our intention in that argument , was to prove , that whether pearth articles be abjured in the late covenant , or not ; yet ye [ who came hither , to give us satisfaction concerning the covenant ] can not , with a safe conscience , averre , or declare to us , that they are not abjured in it . this we did evidently prove , reasoning thus : whatsoever rites are abjured in the old covenant , they are also , in your judgment , abjured in the late covenant . but pearth articles , and episcopocie , are , in your judgement , abjured in the old covenant : ergo , they are , in your judgement , abjured in the late covenant : and , consequently , if ye deale sincerely with us , ye must averre , that they are also abjured in the late covenant . 18. to this ye say , first , that whatsoever be your judgement , as ye are particular persons , yet , at this time , ye were to be taken , as commissioners from the whole company of subscrivers . truely we did take you so ; and did think , that ye who were commissioners from such a multitude of good christians , would have tolde us your minde sincerely , concerning the full extent of the late covenant ; and , that ye would neither have affirmed any thing as commissioners , which ye doe not think to be true , as ye are particular persons ; nor yet would have laboured , so to insnare us , as to have bidden us subscrive a covenant , really , and indeed , in your judgement , abjuring those things , which we , with a safe conscience , can not abjure . for , in your judgement , pearth articles , and episcopacie , are most really abjured in the late covenant , although ye plainly affirme the contrary , in your answeres to our fourth , fifth , and sixth demand . and ( which is much to be noted ) in your answeres to our tenth demand , ye affirme , concerning your selves , that ye , in this late covenant , have promised only forbearance of pearth articles . we wonder much , how ye can say so . for whosoever by their oath have tyed themselves to a confession , in the which they firmly believe pearth articles , and episcopacy , to be abjured , those have indeed abjured pearth articles , and episcopacy . but ye in the late covenant , have tyed your selves by your oath , to the little confession , or old covenant , in the which ye firmly believe , episcopacy , and pearth articles , to be abjured : ergo , in your late covenant ye have abjured pearth articles , & episcopacy : and not only ye , but all those who are of that same minde with you . whence we inferred , in that tenth demand , that none of you can vote freely in the intended assembly , concerning pearth articles , and episcopacie . 19. secondly , ye say , that if others of the subscribents , who are of our judgement , ( that is , who are not perswaded that pearth articles , and episcopacie , are abjured in the old covenant , ) had come as commissioners at this time to us , our argument ad hominem , had beene anticipated , because it would not have been pertinent for them . but ye are deceived , for we have ever looked principally to these , who were the first contryvers of the late covenant , or had speciall hand in it , that is , to your selves , and to others , who these many years bygone , have opposed pearth articles , and episcopacie , as popish corruptions , abjured in the old covenant ; and consequently have , in this late covenant , [ in the which that former covenant is renewed ] by your own personall oath , abjured pearth articles , and episcopacie . if then that other sort of commissioners had come unto us , we would have said to them , that we can not swear the late covenant , because pearth articles , and episcopacie are in it abjured . and this we would have proved by the like argument ad hominem , that is , by an argument grounded upon the judgement of the contrivers of the late covenant : as ye may easily perceive . 20. thirdly , ye say , that we have perceived the insufficiencie of our argument , because we objected this to our selves : that seeing we think pearth articles , and episcopacie , not to be abjured in the old covenant , we may subscrive the new covenant , in the which that old covenant is reuewed . truely ye might have alleadged this , if we had propounded that objection , and had left it unanswered . but we answered it , and brought some reasons [ which ye wisely did passe by , perceiving the force of them ] to show , that we can not conveniently subscrive your late covenant , notwithstanding of our judgement , of rather opinion of the meaning of the old covenant . we say opinion : for to speak truely what we thinke , we doubt , and so doe others with us , concerning the meaning of some parts of the old covenant , touching matters of ecclesiasticall policy , and have not so full a perswasion in our mindes concerning those parts , as may be to us a warrand of our oath . 21. fourthly , whereas ye say , that it was not for us to inquire in your private opinion , concerning the meaning of the late covenant , in that part of it , where it tyeth us to the inviolable observation of the old covenant , no● was it necessary for you , to make it known to us ; we answere , that we inquired not your private opinion , but the common judgement of all those , who with you these twenty years bypast , have accused us of perjury , for the alleadged violation of the old covenant , sworne by our predecessours . and truely we had more then reason to doe so ; because we most justly feared , that ye , who have so oft accused us of perjury , for practising rites and ceremonies abjured as ye alleadge , in the old covenant , sworn by our predecessours , would much more vehemently ; yea , also with a greater show of probability , accuse us of perjury , for violation of the old covenant , sworn and ratified by our selves in this late covenant , if we should stand to the defence of pearth articles in time to come . it became us therefore , for eschewing of this inconvenient , to inquire of you , and you also sincerely and plainly to declare to us , whether or not we may subscrive and sweare the new covenant , as it includeth and ratifieth the old , and yet be really free from all abjuration , or condemning of pearth articles , and episcopacie ? and likewise whether or not ye , and all others who are of your minde , will hold and esteem us free from abjuration of them , notwithstanding of our subscriving of your covenant . these questions require a punctuall answere . for if our subscriving of your covenant , may either import a real abjuratiō of pearth articles , or if it may make you to think , that by vertue of our subscription , we are really , and indeed , bound to reject them for ever ; neither can we , with a good conscience , subscrive your covenant ; neither can ye , with a good conscience , require it of us . 22. fiftly , from our refusing to subscrive the late covenant , in so far as it reneweth the old covenant , or little confession ; because that confessi● according to your interpretation , or conception of it , importeth an abjuration of pearth articles , ye collect , first , that upon this ground we would not have subscrived the late confession any time bypast . secondly , that we can not sweat the confession of any church , no , not the articles of the creed , petitions of the lords prayer , nor precepts of the ten commandements , in respect of the diverse interpretations , which men give of them . we answere , first , that since the little confession , is not of divine authority , and since the humane authority which it had , hath these many years bygone ceassed , ( as the peaceable warning , lately given to the subjects in scotland , proveth ) we would have refused our subscription unto it , ever since we heard , that it importeth an abjuration of all rites , and ceremonies , which were not received in our church in the year 1681 ; except we had gotten some evidence to the contrary , sufficiently satisfying our minds . secondly : as for the creed , lords prayer , and ten commandements , your argument taken from the varietie of mens expositions of them , is far from the purpose . for , since we are perswaded , that the author , or pen-men of them , neither intended , nor yet delivered any thing in them , but trueth : and that their expression is authentick , we are bound to embrace , and receive them , notwithstanding of the varietie of interpretations , which men give of them : neither is it lawfull to us , to refuse our subscription , or assent , to them , whatsoever be the judgement or assent of those who require it of us : being alwise bound to acknowledge the infallible authority of them , even when we doubt of the true meaning of them . thirdly : as for any of these later confessions of churches , if the case be such , as now it is in this particular of this late covenant , that is , if we be not bound by any standing law , to subscrive it , and if it be so lyable to the variety of interpretatiōs , that it may probablie import that which we think to be contrary to the trueth , and if these who require our subscription , be , in our judgement , opposers of the trueth , in any point contained in that confession , and may make advantage of our subscription , alleadgeing , that we are tyed by it , to consent to their doctrines , or practises : we may justly , in such a case , deny our subscription to that confession , for the ambiguitie of it ; and much more may desire those who urge us to subscrive it , to declare unto us , before we give our subscription , whether or not , that confession , in their judgement , will tye us to their doctrines and practises . 23. last of all : in modestie , as ye say , but with a jesting complement , ye present unto us , a dish of our own dressing : ye mean , the lyke argument , ad hominem ; which is this : the rites and ceremonies which are not abjured in the negative confession , are not abjured in this late covenant : but the rites and ceremonies , which were concluded in pearth assembly , are not abjured , as ye say , in the negative confession , made ann 1581 ; therefore they are not abjured in this late covenant . the first proposition , as ye say , is evident , because in the late covenant we are bound no farther , concerning the negative confession , but to keep it inviolable : and therefore , what rites are not abjured there , are not abjured here . likewise ye say , that the second proposition , can no be denyed by us , in respect these twenty years bygone , we have thought our selves free of perjurie , notwithstanding the of oath made 1581 , and of our conforming our selves to the ordinance of pearth . good brethren , ye have retorted this argument very weakly upon us . for , first , we flatly denye the major of your syllogisme ; and withall doe repell the confirmation of it . for although pearth articles , were not abjured in the late covenant , in so far as it reneweth the negative confession ; yet they may be , and , as it is already proven , they are abjured in that other part of your late covenant , where ye vow and promise , to recover the liberty and purity of the gospell , as it was established and professed before the foresaid novations . next , as for your minor , or second proposition , wee suspend our judgement of it , untill wee bee better informed and advised : doubting , as we said before concerning the meaning of those parts of the old covenant , which concerne matters of rite or ceremonie . neither doeth the confirmation of your minor trouble us ; for we have thought our selves free of perjury these twenty years bygone , not for any certain perswasion which we had , that pearth articles are not abjured in the old covenant ; but because we did not personally swear that covenant , and are not tyed to it , by the oath of those who did subscrive it : which we are ready to demonstrate by irrefragable arguments . ye see then your argument retorted upon us , pearceth us not at all : and the reader , may perceive that our argument hath been so forcibly thrown upon you , that ye have not taken upon you to answere any part of it . if ye had had evidence of the trueth for you , ye would not only have retorted our argument , but also by answering it punctually , shown , that it straiteth not you : and if ye had been exact resolvers , ye would not have gone about to have satisfied us with a naked argument in contrarium . 24. before we leave this point , that it may be known to all , what reason we have to insist in this our argument , ad hominem , and that we have proponed it , not to catch advantage of you , but to get satisfaction to our own mindes , concerning the covenant , and your sincerity in urging us to subscrive it , we will collect out of that which hath beene already said , some interrogatories , which we pray you to answer punctually , if ye intend to give us satisfaction . the first is , whether or not your declaration of the extent of the late covenant , to wit , that it extendeth not it self to the abjuration of pearth articles , be not only vera , true in it self , but also verax , that is , consonant to your minde , and to the minde of the chief contrivers of it ? the reason wherefore we propone this question , ye will perceive by these that follow . secondly , seeing ye and others the chief recommenders of the old covenant , have been ever of this minde , that pearth articles , and episcopacy , are abjured in it ; we aske , whether ye all tying your selves by this late covenant , to the inviolable observation of the old covenant ; have tyed your selves to it in all the particular points , which ye conceived to be contained in it , or only in some of them ? did ye by mentall reservation , except any part of that old covenant , or in particular did ye except that part of it , in the which perpetuall continuance in the doctrine and discipline of this church is promised ? or if that part was not excepted , did ye put any new glosse upon it which it had not before ? and if ye did not , whether or not ye renewing the oath of perpetuall observation , of the doctrine and discipline of this church , as it was anno 1581 , have not only really , but also according to your own conception of that part of the old covenant , abjured all rites and ceremonies , added to the discipline of this church , since the foresaid year ; and consequently , the articles of pearth , and episcopacie ? thirdly , seeing ye so confidently averre , that pearth articles are abjured in the old covenant , how can ye deny them to be abjured in the new covenant , except ye acknowledge a substantiall difference , betwixt the old and new covenant ? fourthly , if ye grant that they are really and indeed abjured in the late covenant , how can ye faithfully and sincerely say to us , or to any other , that they are not abjured in it ? fiftly , how can ye , and all others , ( who with you have really , and also according to your own conception of the old covenant , abjured pearth articles , and episcopacie , by renewing of it ) voice freely , in the intended assembly , concerning these ▪ things ; seeing ye are tyed by your oath , to condemn and abrogate them ? sixtly , how can we concurre with you in an oath , wherein we are infallibly perswaded that ye have abjured pearth articles , and episcopacie ? seventhly , if we concurre with you in that oath , will ye not ( as we objected in our reply , but ye have not answered it ) think us bound by our oath , to condemn pearth articles , and episcopacie ? and will not ye thinke your selves bound in conscience to tell us , and all others , that which ye think to be trueth , and may make much for your cause , to wit , that the words of the covenant have but one sense , and that in that one sense pearth articles are abjured ? 25. ye , and all others , may now see , how injustly ye said , that we would have the covenanters , against their intention , and whether they will or not , to disallow , and condemn pearth articles , and episcopall government , lest they be tryed in a free assembly . god knoweth , how far we detest all such dealing , and this vindication of our two arguments [ we added also a third , but ye have swallowed it ] brought by us , to prove , that pearth articles , and episcopacie , are abjured in your late covenant , will sufficiently cleare us of this imputation , to all unpartiall readers . 26. we did not only alleadge , as ye say , that your supplications to his majesty were fully satisfied by the last proclamation ; but grounding an argument upon your answere , to our fourth demand , we reasoned thus : if in all your supplications , ye have only sought the removing of the service book , book of canons , and new high commission ; not complaining of any other novations , already introduced : and , seeing his majesty hath granted this unto you , what reason have ye to say , that his majesty hath not satisfied your supplications ? this our argument , ye have turned to a meere alleadgeance , lest ye should have troubled your selves , with answering it . whether , or not , we may forbeare the practise of pearth articles , untill they be tryed in a free assembly . 27. we come now to the consideration of that , which your covenant , by your own confession , tyeth us to ; to wit , the forbearance of pearth articles , untill they be tryed in a free assembly . and first , whereas ye say , that the urging of the service book , is a sufficient reason for forbearance of pearth articles , till an assembly ; we professe , that we can not see the equity , and force of this reason . for the service book may be holden out , albeit pearth articles were not forborne at this time ; yea , although they should never be removed . and the more obedient , subjects were at this time , to his majesties lawes already established , the greater hope might they have of obtaining their desires . 28. ye bring two arguments , to prove the lawfulnesse of the forbearance of novations already introduced . one is , that the articles of pearth establishing them , were concluded onely for satisfying the king , and not to presse any man with the practise of them : and because the act it selfe ( ye mean the act concerning kneeling ) giveth warrand , to forbear the practise of them at this time , when the memory of superstition is revived . but this reason doeth nowise satisfie our consciences . for , to begin with the last part of your answere ; the memory of superstitious celebration of the lords supper , is not renewed in this kingdom , for ought we know . and , if ye mean , that it is renewed by the service book ; suppone that were true , yet , ye know , the service book is discharged , by the act of counsell , at his majesties commandement . secondly , the act of pearth , giveth no warrand to forbear kneeling ▪ upon every suspition or apprehensiō of superstition , re-entring unto this church . your argument , which ye brought to prove this , from the narrative of that act , in your answere to our ninth demand , is confuted most plainly by us in our replye to your answere : and we shall again speak of it in our duplye , to your second answere concerning that demād . 29. as for the other two parts of your reason , they are contrary to the very words of the acts of pearth assembly . the first part is contrary to the narrative of all these acts , wherein no mention is made of satisfying the king , but of other motives taken from the expediencie , or utility of the matters themselves . the second part is contrary to the tenor of the decision , or determination of these acts : in the which by these formall words , the assembly thinketh good : the assembly ordaineth : kneeling in the celebration of the sacrament , festival dayes , &c. are enjoined . 30. we hear of a childish , and rediculous concept of some , who think that these words , the assembly thinketh good , import not an ecclesiastick constitution , but a meere advice or counsell . this apprehension proceedeth from ignorance : for that phrase is most frequently used by counsells , in their decrees . in that apostolick counsell , mentioned acts 15 , the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , are expresly used , verse 22. 25. 28. in the counsell of ancyra , can. 1. & 2. the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is used . in that great and first oecumenick counsell of nice , can. 5. ye have these words ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . can. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , can. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . in the third counsell of carthage , can. 1. 2. and 3. the word placuit is used , & in codice canonum ecclesiae africanae gr●co latino , passim habetur vox placuit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . and from the greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the decrees of the apostolick counsell were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , acts 16. 4. yea , also the civill decree of caesar augustus , luke 2. verse 1. is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , edictum , placitum . and in the civill law , the constitutions of emperours , are called principum placita , instit. de iure naturali , § . 6. & 9. quod principi placuit , legis habet vigorem , sayeth ulpianus , ff . de constit. principum , lege 1 : where quod principi placuit , signifieth as much , as quod princeps constituit . 31. your other reason , [ which ye bring to prove the lawfulness of the forbearance of pearth articles ] is , that it is lawfull to swear the forbearance of a thing indifferent , in the case of scandall , and sensible fear of superstition , in others . yea , ye think , that by doing so , ye have sworn obedience to the commandement of god , which forbiddeth the doing of that whereby others may be scandalized . this reason moveth us no more then the first : for , as for your fear of farther superstition , it is now groundlesse , and causelesse , in respect of the gracious promises contained in his majesties proclamation . but although it were a fear justly conceived , and although the eschewing of an evill justly feared , be a thing good and desirable ; yet we ought not ▪ for the eschewing of it , disobey the lawfull commandements of our superioures . for this were to doe evill , that good might come of it ; which the apostle condemneth , rom. 3. verse 8. of scandall ; and whether or not we may deny obedience to the lawes of our superiours , for fear of scandal causelesly taken ? 32. as for that other motive of scandall , for which ye alleadge , that we who think the matters concluded in pearth assembly , to be indifferent , and lawfull , may swear the forbearance of them ; we pray you , tell us , what kynd of scandall it is , which , as ye alleadge , is taken at the practise of pearth articles ? ye know , that passive scandall , is either procured by the enormitie or irregularitie of the fact it self , [ to wit , when either it is a sin , or else hath a manifest show of sin ] or else it is not procured , but causelesly taken by some , either through malice , or else through weakness . now , which of these two sorts of scandall would ye have us to acknowledge , in the practise of pearth articles ? if the first , then ye would have us to condemne pearth articles , before they be tryed in a free assembly : which is contrary to your protestation , and no lesse contrary to our resolution . for , if we acknowledge any enormitie in the practise of pearth articles , ex ipsa conditione operis , we shall be holden to condemne them , and abstaine from them for ever . 33. if ye will have us to acknowledge , that the scandall following upon the practise of pearth articles , is of the second sort , that is , is causelesly taken ; and ▪ that for such a scandall , whether it be taken through weaknesse , or malice , we ought to abstaine from the doing of a thing indifferent , although it be enjoined by a lawfull authority ▪ ( for ye generally affirme , that all things , which are not necessary , and directly commanded by god himself , ought to be omitted , for any scandall whatsoever , although it be causelesly , yea , and most maliciously taken , and that notwithstanding of any humane precept , or law , enjoyning them . see the dispute against the english popish ceremonies , part. 2. cap. 8. sect. 5. & 6. item cap 9. sect. 10. ) then we protest , that we differ so far from you in this point , that we think , that for no scandall , causelesly taken , can we swear such a forbearance of pearth articles , as ye would have us . and we marvell from whence ye have learned this strange , and most haske doctrine , that for scandall , causelesly , yea , maliciously taken , a man may totally , and absolutely , deny obedience , to the lawes of superioures . 34. the author of the dispute even now cited , alleadgeth for his opinion , some schoole-men , acknowledging the trueth of it : and he nameth cajetane , and bennez , who ( sayeth he ) affirme , that we should abstain , even à spiritualibus non necessariis , when scandall ariseth out of them . he might have cited for this tenet , thomas , and all his interpreters , [ even although he had been but slenderly acquaint with them ] as well as these two : for they all doe say so . but truely he much mistaketh them , when he alleadgeth them for his opinion . for , first , none of them ▪ ever taught , that we ought to abstaine totally and altogether , from any spirituall duety for the scandall , either of the weak , or malicious . secondly , when thomas and others following him , say , that bona spiritualia non necessaria sunt dimittenda propter scandalum , they speak directly de eis quae sunt sub concilio non vero sub praecepto , of matters of councell , and not commanded by any authority , divine or humane : and the most which they say of them , is , that such things sunt interdum occultanda , vel ad tempus differenda , that is , may at some times , and in some places , be omitted , for eschewing the scandall of the weak . thirdly , the most accurate casuists , and interpreters of thomas , differ much about this question , whether or not , things that are commanded by positive lawes , civil , and ecclesiasticall , may be omitted at any time , for eschewing scandalum pusillorum , the scandal of the weak . dyverse of them deny this , to wit , navarrus , in manual . cap. 14. § 44. vasquez , tom. 5. tract . de scandalo , dubio primo , § . 5. becanus in summa theologiae , part. 2. tom. posteriori , tract . 1. cap. 27. quaest. 5. ferdin . de castro palao in opere morali , tract . 6. disp. 6. punct . 16. duvallius , in 2am . 2ae . d. thomae , tract . de charitate , quaest. 19. art. 5. and for their judgemēt they cite thomas , durandus , almainus , anton. florent . and many others . fourthly : those of them who think , that things commanded by humane lawes , may be omitted in the case of scandall , admit not as ye doe , such an omission of the thing commanded in the case of scandall , as is conjoined with a flatte disclaiming of the authority of the law. for they tell us , that we ought not , for any scandall of the weak , deny obedience to the precepts , or lawes , of our superioures , whensoever all other circumstances being considered , we are tyed , or obliedged , to the obedience of them . the omission , then , of the thing commanded , which they allow , is only a partiall and occasionall forbearance , and not a totall abstinence from obedience , or disclaiming the authority of the law. see valentia , tom. 3. disp. 3. quaest. 18. punct . 4. & suarez . de triplici virtute , tract . 3. disp. 10. sect. 3. § . 9. 35. but the forbearance of pearth articles , which ye require of us , is conjoined with a flatte disclaiming of the authority of all the lawes which established them . and ye will have us to forbear these articles , at this time , when all the particular circumstances , which we ought to regard , being considered , we are tyed to obedience of them , especially , if we look to the will and minde of the lawgivers , and of our present superioures . we justly say , that you will have us to disclaime , altogether , the authority of these lawes . for whosoever resolve and determine , not to practise pearth articles , untill they be tryed in a new assembly , & established by a new parliament ; these are purposed , never to obey them , except they be tyed by new lawes and acts , concluded in a new assembly , and parliament : and , consequently , are resolved , never to regard and obey the lawes or acts of pearth assembly , and the parliament 1621 , which established these things . but so it is , ye would have us to resolve , yea , to promise , and sweare , not to practise pearth articles , untill they be tryed in a new assembly , and established by a new parliament : ergo , ye would have us to promise , not to practise pearth articles , except we be tyed , or obliedged , by new lawes , to practise them : and , consequently , would have us , never to regard , or obey , the acts of pearth assembly , and parliament 1621. 36. this kinde of forbearance , to wit , which is conjoined with a plaine disclaiming of the authority of the lawes made by our superiours , can not be excused with your pretence of scandall causelesly taken . this we prove : first , by a position granted by your selves , and so evidently true , that no man can deny it . the author of the dispute , against english popish ceremonies , part. 1. cap. 4. sect. 4. sayeth , that it were scandall , not to obey the lawes of the church , when they prescrive things necessary , or expedient for the eschewing of scandall : and , that it were contempt , to refuse obedience to the lawes of the church , when we are not certainly perswaded , of the unlawfulnesse or inexpediency of things commanded . now , if such a refusing of obedience , be both a contempt , and a scandall , it followeth manifestly , that no man for eschewing of scandall causelesly taken , ought in such a case to refuse obedience . hence we reason thus : whosoever are not perswaded of the unlawfulnesse or inexpediency , of the things commanded by their superiours ; and on the contrare think them to be expedient ad vitandum scandalum ; these ought not for eschewing of scandall , refuse obedience to the lawes and ordinances of their superiours . but so it is , we are neither perswaded of the unlawfulnesse , nor of the inexpediency of pearth articles : yea , on the contrarie , we think that the acts of pearth assembly , enjoineth things very expedient for eschewing of scandall : ergo , we ought not for eschewing of scandall causelesly taken , to refuse obedience to them . the major of this our first argument , is already proven . the minor is conforme to the light of our own consciences , as god knoweth : and therefore so long as we are of this minde , we can not deny obedience to the ordinances of our superiours , for any fear of scandall causelesly taken . 37. secondly , that which may be removed by information or instruction , can not be warrand to us , of a totall abstinence from the obedience of lawes , or , which is all one , of an avowed disclaiming of the authority of them . but the scandall of the weake , taken by the practise of pearth articles , may be removed by information , or instruction : ergo , it can not be a warrand to us , of a totall disclaiming of the authority of the lawes , whereby these articles were established . 38. thirdly : if for scandalls taken , especially by the malicious , we may disclaime the authority of a law , then we may ever disclaim the authority of all lawes , of the church or estate . for there is nothing commanded by lawes , but some either through weaknesse , or through malice , may take offence at it . 39. fourthly , we ought not for eschewing scandal causelesly taken , to injure or offend any man , by denying to him , that which is due to him , and therefore we ought not , for eschewing scandall causelesly taken , to offend and injure our superioures , in church and policy , by denying to them that obedience which is due to them . the antecedent is clear by many examples . for if a man be excommunicated , shall his wife , children , and servants slee his company , and so deny to him these dueties which they ow to him , for fear that others be scandalized , by their keeping of company with an excommunicate person ? and if they may not for eschewing of scandall , abstaine from these dueties , which they ow to a private person , much lesse may we abstaine from that obedience , which we ow to our superioures , having publicke charges in church and policy , for eschewing of scandalls causelesly taken by others . 40. fiftly , what if the thing commanded , be enjoined by the civill magistrate , under paine of death , and by ecclesiasticall authority , under paine of excommunication , shall we for fear of a scandall causelesly taken , which may be removed by information , or for the scandall of the malicious , who will not be informed at all , abstaine from the doing of a thing lawfull and expedient , enjoined by authority , and by so doing , incurre these most grievous punishments of death temporall , and spirituall ? we believe , that your selves , who speak most of scandall , would be loath to take such a yoke upon you . 41. sixtly , the denying of obedience , to the lawfull commandements of our superioures , is forbidden in the fift commandement , and consequently it is a sin . shall we then for a scandall causelesly taken , deny obedience to our superioures , and so incurre the guiltinesse of sin ? ye commonly answere to this , that the negative part of the fift commandement , which forbideth the resisting of the power , rom. 13. verse 2. and in generall the denying of obedience to superioures , is to be understood with the exception of the case of any scandall taken by others . for if we see , ( say ye ) that any may , or will take offence , at the doing of that which is cōmanded by our superioures , we are not holden to obey them : and our denying of obedience to them in such a case , is not forbidden in that commandement . 42. but , first , we aske , what warrand ye have to say , that the negative part of the fift commandement , is to be understood with the exception of the case of scandall , more then other negative precepts of the second table ? secondly : as men may take offence , either through weaknesse , or malice , at our doing of the thing commanded ; so they are most ready to stumble at our denying of obedience to the lawfull commandements of our superioures : for they will take occasion , by our carriage , to doe that , unto which by nature , they are most enclined ; to wit , to vilipend lawes , and the authority of their superioures . shall we , then , for the eschewing of a scandall causelesly taken , not only refuse to our superioures , the duety of obedience , which they crave of us ; but also incurre an other scandall , and that a farre more perilous one . thirdly : we have already shown , that the negative part of the fift commandement , is not all wayes to be understood with the exception of the case of scandall causelesly taken . for , wives , children , and servants , must not deny obedience , and familiar conversation to their husbands , parents , and masters , which are excommunicated , for fear that others , through weaknesse , or malice , be scandalized thereat . fourthly : as ye say , that the precept concerning obedience to superioures , is to be understood with the exception of the case of scandall causelesly taken ; so we , with farre better reason , say , that the precept , of eschewing scandall causelesly taken , is to be understood with the exception of the case of obedience peremptorly required , by our lawfull superioures , as we shall show in our next argument . whether the precept of obedience to superioures , or the precept of eschewing scandall , be more obligatory ? 43. last of all : when a man is peremptorly urged by his superioures , to obey their lawfull commandements , and in the mean time feareth , that if he doe the thing commanded by them , some , through weakness , shall be scandalized , by his carriage ; in this case , he is not only in a difficulty , or strait , betwixt the commandement of man , and the commandement of god , who forbiddeth us to doe that whereby our weak brother may be offended ; but also he seemeth to be in a strait betwixt two of gods commandements ; to wit , betwixt that precept which forbiddeth the doing of any thing , whereby the weake may be scandalized , and that other precept which forbiddeth the resisting of authority ; and telleth us , that whosoever resisteth the power , resisteth the ordinance of god. now , seeing gods precepts are not repugnant one to another , neither doeth god by his lawes lay upon us a necessity of sinning , out of all question , in this case , we are fred from the obligation of one of these precepts : and that which doeth not so strictly tye us , or is lesse obligatory , must needs give place to the other , which is of greater obligation . ye commonly say , that the precept of obedience to humane authority , must give place to the precept of eschewing scandall , although it be causelesly taken : and , to confirme your assertion , ye say , that the ordinance of a superiour , can not make that fact to be free of scandall , which otherwise would be scandalous ; and , that a fact , upon which any scandall followeth , ought not to be done for the commandement of man. whence ye collect , that , in such a case , we ought not to regard , or obey the commandement of our superiours . 44. this your reason can not be good , because we can easily retort the argument , and say to you , that in such a case we ought not to regard the scandall causelesly taken by our weak brethren , so far , as to deny simplie , and absolutely , obedience to our superiours for it : and that because the sin of disobedience ought to be eschewed and no scandall of weak brethren causelesly taken , can make that fact , not to be the sin of disobedience , which otherwise , that is , extra casum scandali , would bee the sin of disobedience . for it is certain , that ( laying aside the case of scandall ) to deny obedience to the ordinance of our superiours , enjoining , and peremptorly requiring of us , things lawfull , and expedient , is really the sin of disobedience . ye will say , that the scandall of weak brethren , may make that fact , or omission , not to be disobedience , which otherwise would be disobedience ; because we ought not for the commandement of man , doe that whereby our weak brother may be offended : and so the precept of obedience bindeth not , when offence of a weak brother may be feared . on the contrary we say , that the lawfull commandement of superiours , may make that scandall of our weake brethren , not to be imputed unto us , which otherwise would be imputed unto us , as a matter of our guiltinesse ; because we ought not , for fear of scandal causelesly taken , deny obedience to the lawfull commandements of our superiours . 45. again , ye say , that when scandall of weak brethren may be feared , the precept of obedience is not obligatory , in respect the thing commanded by our superiours , although it be in it self lawfull , yet it becometh unexpedient , in respect of the scandall which may follow upon it . now , ( say ye ) the ordinances of our superiours are not obligatory , when the things commanded by them are unexpedient . we , on the contrary , say , that when our superiours require of us obedience to their lawfull commandements , the precept of eschewing scandall , is not obligatory ; in respect we ought not , for scandall causelesly taken , omit necessary dueties , which god in his law requireth of us : in which number , we most justly doe reckon , the duety of obedience . which we owe to the lawfull commandements of our superiours . 46. as for that which ye say , that when scandall may be taken at the doing of the thing commanded , then the thing commanded becommeth inexpedient , and so ought not to be obeyed ; that ye be not more deceived by this errour , we pray you marke , that a thing comcomanded by our superiours , in church , or policy , may be two wayes inexpedient , to wit , either in respect of some particular persons , who through weaknesse or malice doe stumble at it , or else in respect of the body in generall , because it is contrary to order , decency , and edification . if the thing commanded be inexpedient the first way only , we may indeed , in such a case , for eschewing the scandall of the weak , forbear the practise of the thing commanded hîc , & nunc , in some particular places , and times : providing alwise we doe this ▪ without offence of our superiours , and without the scandal of others ▪ who by our forbearance may be made to vilipend the authority of lawes . but we can not in such a case totally and absolutely , deny obedience to a law , as we have already proven . neither is your argument brought to the contrary valide , in respect we ought more to look to the utilitie and benefite , which the body of the church may receive by the thing commanded , and by our obedience to our superioures , then to the harme which some particular persons may receive thereby . 47. if the thing commanded , be in our private judgement inexpedient the second way , we ought not for that to deny obedience to the lawes of the church ; for when the inexpediency of a thing is questionable , and probable arguments may be brought pro and contrae , concerning the expediencie of it , we have sufficient warrand to practise it , if the church by her publick decree hath declared , that she thinketh it expedient . your errour , who are of the contrary minde , is very dangerous , and may prove most pernicious to the church , for it maketh the church obnoxious to perpetuall schisme , and disconformity in matters of externall policy : in respect men ordinarily are divyded in judgement , concerning the expediencie of these things suppon , then , that in a synode consisting of an hundreth pastors , threescore of them think this , or that particular ceremony to be expedient for the good of the church ; and in respect of the plurality of their voices , make an act to be concluded for the establishing of it , shall the remnant four●y , who are of the contrary judgement , deny obedience to the act of the synode , because they are perswaded , that the thing concluded is inexpedient , and shal they by doing so , rent the body of the church ? truely , if we were all of your minde , we should never have peace nor unity in this church . ye will say , perhaps , that this our argument , is popish , and leadeth men to acquiesce , without tryall , or examination , in the decrees of the church . we answere , that in matters of faith , the trueth whereof may be in●allibly concluded out of gods word , we ought not , without tryall , to acquiesce into the decrees of the church . and in this respect we dissent from the papists , who ascrive too much to the authority of counsells , as if their decrees were infallible . but in matters of policy , if we be certaine , that in their own nature they are indifferent , and if the expediencie of them only be called in question , seeing no certaine conclusion , concerning their expediency , can be infallibly drawn out of gods word , which hath not determined , whether this or that particular rite be agreable to order , decency , and edification ; we ought to acquiesoe into the decree or constitution of the church , although it be not of infallible authority : and that partly because it is impossible , that otherwise we can agree in one conclusion , concerning matters of this nature , and partly , because if we deny obedience to the decrees of the church in such matters , our disobedience shall prove far more unexpedient , and hurtfull to the church , then our obedience can be . 48. seeing , then , whatsoever ye have hitherto said , concerning the question proponed by us , may be easily answered , with a retortion of the argument , upon your selves ; that we may eschew all such logomachie , we must take some other course , and try which of these two precepts is in it self of greater moment , and obligation : for thence we may collect , which of these two precepts doeth obliedge us in the case foresaid ; the other giving place to it , and not obliedging us at all , in that case . if ye say , that the precept which forbiddeth us to doe that whereby our weak brother may be scandalized , is in it selfe more obligatory , or doeth more strictly ty us to the obedience of it , as being of greater moment , ye must bring a solide reason for you , which we think ye will hardly find . we know ye say , that the precept concerning scandall , is more obligatory , and of greater moment ; because it concerneth the losse of the soule of a brother : but this reason is not valide ; first , in respect our brother , if he be scandalized , by our obedience to our superioures , sinneth not by our default , who doe obey : for our carriage in giving obedience , is such , as may rather edifie our brother . secondly : the precept which forbiddeth disobedience , concerneth the losse both of our own soules , and of the soules of others , who may be entysed to that sin , by our denying obedience , to the lawfull commandements of our superioures . thirdly , if that precept of eschewing scandall , causelesly taken , doe so strictly obliedge us , when our superioures require obedience of us , it may happen , that a man shall be in an inextricable perplexity , not knowing whether he shall obey , or deny obedience to the cōmandements of his superioures : in respect he may fear the scandall of the weak , whether he obey , or deny obedience . for , as we said before , many are most ready to be scandalized by our denying obedience to our superioures , in thinges lawfull , and otherwise expedient : and that because we by nature are most unwilling to be curbed , and to have our liberty restrained , by the lawes of our superioures . for this cause ( as calvin judiciously noteth , instit. lib. 2. cap. 8. § . 35. ) god to allure us to the duety of obedience to our superioures , called all superioures , parents , in the fift commandement . 49. but we , with good warrand , doe averre , that the precept which forbiddeth resisting of the civil power , and in generall the denying of obedience to the lawfull commandements of our superiours , is of greater obligation and moment . and , first , we prove this by an argument taken from the diverse degrees of that care , which we ought to have of the salvation of others : for this care tyeth us to three things ; to wit , first , to the doing of that which may be edificative , and may give a good example to all . secondly , to the eschewing of that which may be scandalous , or an evill example to all ; that is , to the eschewing of every thing , which is either sin , or hath a manifest show of sin . thirdly : to abstain even from that , which although it be lawfull , yet it may be , to some particular persons , an occasion of sin . of these , the first two are most to be regarded , in respect they concern the good of all , which is to be preferred to the good of particular persons . hence we inferre that the precept of obedience to superiours , which prescriveth an act edificative to all , because it is an exercise of a most eminent and necessary vertue , is more obligatory , and of greater moment , then the precept of eschewing scandall , causelesly taken , by some particular persons . 50. secondly : that the precept of obedience to our superiours , is of greater moment , & consequently more obligatory , then the precept of eschewing scandal , is evident by these reasons which are brought by our divines , to show wherefore the fifth commandement , hath the first place in the second table : to wit , first , because it cōmeth nearest to the nature of religion or piety , commanded in the first table , whence ( as your own amesius noteth in his medulla , lib. 2. cap. 17. § . 13. ) the honouring and obeying of parents , is called by prophane authors religion and piety . secondly : this precept , is the ground and sinewe , ( sayeth pareus , in his catechetick explication of the fift precept , ) of the obedience which is to be givē to al the rest of the precepts , of the second table . two reasons are cōmonly brought of this : one is , that all societies , oeconomick , civill and ecclesiasticall , doe consist and are conserved , by the submission or subjection of inferiours to superiours , which being removed , confusion necessarily followeth . the other is , that the obedience of this precept , maketh way to the obediēce of all the rest . for our superiours are set over us , to the end , that they may make us to doe our duety to all others . and consequently our obedience to them , is a mean instituted by god , to procure our obedience to all the rest of the precepts of the second table . now , would ye know what followeth out of this , let your own amesius , whose words are more gracious unto you , then ours , tell you it : seeing ( sayeth he , cap. citato , § . 6. ) humane societie hath the place of a foundation or ground , in respect of other dueties , of iustice and charitie , which are commanded in the second table of the law : therfore these crimes which directly procure the perturbation , confusion , and eversion of it , are more grievous then the violation of the singular precepts . now we subsume : the denying of obedience to superiours , enjoining such things as in themselves are lawfull and expedient , directly procureth the perturbation and confusion of humane society . and therefore it is a crime greater then the violation of other particular precepts of the second table . for this cause , dionysius bishop of alexandria , in his epistle ad novatum , cited before , declaring how much the unity of the church ( which is most frequently marred by the disobedience of inferiours to their superiours , ) ought to be regarded , sayeth , that martyrdom suffered for es●hewing of schism● , is more glorious , then martyrdom suffered for ●sch●wing ▪ idolatrie . 51. thirdly : these offices , or dueties , which we owe to others by way of justice , are more strickly obligatory , then these which we owe to them , onely by way of charity . and consequently , these precepts which prescrive dueties of justice , are of greater obligation , then these which prescrive dueties of charity onely . but we owe the duety of obedience to our superiours , by way of justice , and therefore it is more obligatory , then the duety of eschewing scandall causelesly taken , which is a duety onely of charity . the major , or first proposition of this argument , is clear of it self , as being a maxime not onely received by the scholasticks and popish casuists , but also by our divines . see your own amesius , in his medulla , lib. 2. cap. 16. § . 58. 59. 60. 61. 62. 63. where he not onely proponeth this maxime , but also proveth it by two most evident examples . the minor is likewise clear : for , first , the duety of obedience , which we owe to the publick lawes of the church and kingdom , belongeth to that generall justice , which is called iustitia legalis . for the legall justice , as it is in inferiours , or subjects , it is a vertue inclining them to the obedience of all lawes , made for the benefite of the common-wealth , as aristotle declareth in his fift book of the ethicks , cap. 1. secondly : debitum obedientiae , the debt of obedience , which we ow to our superioures , is not only debitum morale ; a debt or duety , unto which we are tyed by morall honesty , and gods commandement , but also debitum legale , or debitum justitiae , ( quod viz. fundatur in propriojure alterius ) a debt grounded upon the true and proper right , which our superioures have to exact this duety of us ; so that they may accuse us of injury , and censure us , if we performe it not . there is a great difference betwixt these two sorts of debt ; and the last is far more obligatory , then the first : as for example , a man oweth moneys to the poor , by a morall debt , but to his creditor he oweth them by a legall debt , or debt of justice : and therefore , he is more strictly obliedged to pay his creditor , then to give almes . such-like , by morall honesty , and gods precept also , a man oweth to his neighbour , a pious carefullnesse , to impede sin in him , by admonition , instruction , good example , and by ommission even of things lawfull , when he foreseeth that his neighbour in respect of his weaknesse , will be scandalized by them . but his neighbour hath not such a right to exact these things of him , neither can he have action against him , for not performing of them , as our lawfull superioures have for our due obedience . in what sense the administration of the sacraments , in private places , was thought indifferent ▪ in pearth assembly . 52. in our reply we professed , that we can not abstaine presently from private baptisme , and private communion , being required t● administrate these sacraments to such persons , as can not come , or be brought to the church . hence , first , ye take occasion to object to us , that the state of the question concerning pearth articles , is quite altered , in respect we and our associates , did ever before alleadge the question to be of things indifferent , but now we think them to be so necessary , that although the generall assembly of the church should discharge them , we behoved still to practise them : we answere , first , that the assembly of pearth hath determined nothing , of the indifferencie or necessity of these things . secondly : if any who allowed these articles , did at that time in their discourses and speaches call them indifferent , they meaned only , that in the celebration of these sacraments , the circumstances of place and time are things indifferent of their own nature : or , which is all one , that we are not so tyed to the administration of them in the church , and at tymes appointed for sermon , but we may celebrate them in private houses , and at other times . but judicious and learned men , even then thought the denying of these sacraments to persons , who can not come , or be brought to the church , to be a restraining of the means of grace , altogether unwarrandable by gods word . whence ye may collect , whether or not they thought it to be unlawfull . thirdly : ye have no warrand from our reply , to say , that we would not abstaine from private baptisme , and communion , although our nationall assembly should discharge them . for as we are very unwilling to omit any necessary duety of our calling : so we cary a singular respect to lawfull authority , and to the peace , and unity of the church , abhorring schisme , as the very pest of the church . but of this we shall speak hereafter in the thirteenth duply . 53 , next , ye say , if we have the same judgement of kneeling , in the receiving of the communion , and of feastivall dayes , it commeth to passe among us which hath been incident to the church in former ages , that things have been first brought in as indifferent , then urged as necessary . certainly , brethren , none are so guilty of this , as your selves , and your associates : for ye have now made some things to be esteemed necessary by your followers , which have been accounted indifferent , not only since the reformation , but these fifteene hundreth years bygone . and in some other things , which the ancient church did wisely forbid , ye doe now make the liberty of the gospel to consist . as for us , we stand as we stood before , and doe yet think kneeling in the receiving of the sacrament , and the five festivall dayes , to be rites indifferent in their own nature ; but indeed very profitable , and edificative , if pastors would doe their duety in making their people sensible , of the lawfulness & expediency of them . 54. we are of the same judgement concerning confirmation , which calvin , writting upon hebr. 6. 2. acknowledgeth , to have been undoubtedly delivered to the church by the apostles : and with the same author , in the fourth book of his institut . cap. 19 , § . 14. we wish , that the use of it were again restored : so far are we from that partiall dealing with the articles of pearth , which ye object unto us . what hath moved our most reverend prelats , to abstain hither●o from the practising of it , we know not : they can themselves best satisfie you in this point . and we modestly judge , that this omission hath proceeded from weighty and regardable causes . it was sufficient for us , to have a care of our own dueties , in our particular stations . but the urging and pressing of that practise upon the bishops , requireth higher authority , then ours . in the mean time , ye know the bishops never disclaimed the authority of the act of pearth , concerning confirmation , or of any other of these acts , as ye have done , who have been hitherto professed and avowed disobeyers of them all . wherefore we wish you , hereafter not to bring this omission of the bishops , in the matter of confirmation , as an argument for that forbearance of pearth articles , which ye require of us : for there is a great difference betwixt the omission of a duety commanded by a law , and an avowed , or professed , yea , sworne disobedience of the law. 55. last of all , whereas ye say , that we , by mantaining the necessity of private baptisme and communion , doe condemne the practise of this our church , from the reformation , till pearth assembly , and put no small guiltinesse upon other reformed churches , who use not private baptism and communion at all , but abstain from them as dangerous : we answere , that we have , in all modesty , proponed our own judgement , concerning private baptism , and private cōmunion , nominem judica●tes ( as cyprian said of old , in consilio carthag . in praefat . ) nor taking upon us , to censure or condemne the practise either of this church , in times preceeding pearth assembly , or of other reformed churches . we can not indeed deny , but we dissent from them : and if this be a condemning of them , we may no lesse justly say to you , that you condemne the practise and doctrine not onely of our reformers , in the particulars mentioned before in this same duply , but also of diverse reformed churches , and of the ancient church , as we declared in our sixt demand , and shall again speak of it in our sixt duply . a defence of our doctrine and practise , concerning the celebration of baptism and the lords supper in private places . 56. ye desire us , wisely to consider , whether the desire which our people have of baptism and communion , in time of sicknesse , be not occasioned by prevailing of popery , and through a superstitious conceit that people have of these sacraments , as necessary to salvatiō . we are loath to come short of you in dueties of charity , especially in good wishes ; and therefore , we likewise wish you , wisely to consider , whether the neglect of these sacraments in the time of sicknesse , which is in many parts of the kingdom , proceed not from some want of a sufficient knowledge , and due esteem of the fruits of these high and heavenly mysteries . 57. it is well that ye acknowledge , that we minister these sacraments in private , as necessary onely by the necessity of the cōmandement of god ; but withall ye conceive , that our people imagine , or seem to imagine them to be so necessary means , as that god hath tyed his grace to them . we desire you to judge charitably of those who are unknown to you ; and withall we declare , that neither we doe teach our people , nor doe they think , for ought we did ever know , that baptism is so necessary a mean unto salvation , that without it god can not , or will not saye any : yea , on the contrary , we are confident , that when baptism is earnestly sought for , or unfeignedly desired , and yet can not be had , the prayers of the parents , and of the church , are accepted by god , in stead of the ordinary mean , the use whereof is hindred , by unavoidable necessity : and so in this we depart from the rigid tenet of papists . on the other part , we likewise teach , and accordingly our people learn , that baptism is the ordinary mean of our enterance into the church , and of our regeneration ; to the use whereof , god , by his commandement , hath tyed us . 58. if the commandement of our saviour , matth. 28. 19. goe ye , therefore , and teach all nations , baptizing them , in the name of the father , and of the son , and of the holy ghost , tye not parents to seek baptism to their children , and pastors to administer , when it is sought , then have we no commandement at all , for baptizing of infants , which is an anabaptisticall absurdity : but if parents and pastors , are tyed by this commandement , then parents ought to seek baptism , to their dying children , not baptized before ( for then , or never ) and pastors must accordingly performe that duety then , which is incumbent upon them . this is that which king iames of blessed memory , in a conference at hampton-court , pag. 17 , reporteth himself , to have answered to a scotish minister , while he was in scotland : the minister asked , if he thought baptism so necessarie , that if it be omitted , the child should be damned ? no , said the king ; but if you being called to baptize the child , though privatlie , should refuse to come , i think you should be damned . 59. ye say , ( to avoide the strength of this argument ) that the necessity of the commandement , standeth onely for baptism in publick ; and , that no precept requireth baptism , but when it can be had orderly , with all the circumstances thereof : whereof ye say this is one , that it be administred in the presence of that visible kirk , wherof the children are to be members . thus , first , ye condemne as unlawfull the administration of baptism even in the church , god-fathers , and god-mothers , being present , if the whole congregation be not present there ; and the like doctrine we find in others , also cited on the margin , which soundeth so harshly in the ears of some of your own adherents , that they can not be perswaded that this is your doctrine . secondly : the commandement of christ tying us to baptisme , hath no such addition either of the presence of the congregation , or yet of the materiall kirk . this belongeth but to the solemnity , and not to the necessary lawfull use of baptisme . where god hath tyed this solemnity to baptism , ye can not show by holy scripture : but where god hath tyed us to baptism , we have already shown . it is true , solemnities should not be lightly omitted : but the law sayeth , when evident equity requireth , they may be dispensed withe for according to that same law , that which is chief and principall , should not be ruled by that which is accessory , but contrariwise . as for the place of baptism , we may say of it , as tertullian sayeth of the time thereof , in the 19 chapter of his book of baptism , every day is the lords , every houre , day , and time , is fit for baptism : it may want of the solemnity , but nothing of the grace . neither is such a number , as ye require to be present , necessary in this case . our saviour hath taught us , matth. 18. 19. that if two shall agree on earth , as touching any thing that they shall aske , it shall be done for them , of his father which is in heaven : for sayeth he , where two or three are gathered together in my name , there am i in the midst of them . we beseech you , therefore , brethren , to take heed , that ye prescribe not to mens consciences , rites of necessity , without clear warrand from gods word , by which ye will never be able to prove the necessity of this circumstance required by you in baptism . 60. the practise of the primitive church , both in the apostles times , and thereafter , agreeth with this doctrine and practise of ours . sainct philip baptised the eunuch on the way , acts 8. anantas baptized saul in a private house , acts 9. sainct paul baptized the jaylour in his house , acts 16. if ye answere as others doe , that the necessity of the infancy of ▪ the church , excused the want of the presence of a congregation : we reply , that the same necessity is found in the cases whereof we speak : for as unpossible it is for a dying insant , who about mid-night is at the last gaspe , to enjoy the presence of the congregation , as it was impossible for any of the afore mentioned , the eunuch , saul , or the iailor , to have had a congregation present at their baptism , yea , more impossible ; and why should there not be the same effect , where there is the same reason ? 61. the practise of the ancient church , in this , is also clear for us . this is manifest from the 76 ▪ epistle of s. cyprian , from the oration of gregorie nyssen , against them who delayed their baptism , from s. basill , in his 13 homilie , which is an exhortation to baptism , tom. 1. from gregorie nazianzen , in his 40. oration , whose words we have cited upon the margine . hence although two fet times were appointed , for solemn baptism , yet the case of necessity was ever excepted . this is clear by the foresaid testimonies , as also by these following , sir c●us epist. 1. cap. 2. tom. 1. concil . gelas. epist. 9. ad episcopos lucani● , tom. 2. concil . conc. antisiodor . cap. 18. tom. 2. conc. matiscon . 2. cap. 3. tom. 2. concil . conc. meldens . cap. 48. conc. triburiens . cap. 12. concil . in palatio vernis cap. 7. conc. wormatiens . cap. 1. tom. 3. concil . the learned causabon , in his 16 exercitation , cōsidering all this , sayeth , woe to them , that in the administration of this sacrament , deny their duety to dying infants , under pretence of i know not what discipline . to this same purpose the learned martin bucer , in the 15 chapter of his censure of the english liturgie , considering baptism of sick infants privatly , sayeth , in this constitution , all things are hol●ly set down . this same practise also is allowed by doctor whitaker , in his book against reynolds , pag. 48. 62. the congregation , say ye , whereof the child is to be a member , hath interest in this , and therefore ought to be present , no lesse then at excommunication , whereby a rotten member is cut off . in this case of necessity , there is no prejudice either to the child , or to the congregation , thorow the want of the congregations presence : for there is no neglect , nor contempt of the congregation in this case , or of any of the members thereof : and the child by baptism , though privatly administred , is ingrafted into christ , and so being joined to the head of the church , becommeth also united unto the church , which is his body . if excommunication require the presence of the whole congregation , because the power of binding and loosing , is delyvered by christ to every particular church , or congregation , collectively taken as it is affirmed in the dispute against the english popish ▪ ceremonies , part. 3. cap. 8. pag. 182. then it is not alike with baptism , the power whereof is committed to the pastors of the church , matth. 28. but although that ground be not true , as we think it is not , yet excōmunication is done in presence of the people . for this censure may not be inflicted , but onely for publick offences ; and therefore must be publick , as the offence is , that others also may fear , 1 tim. 5. 20. and have no company with the delinquent , that he may be ashamed , 2. thess. 3. 14. and so your similitude holdeth no● . 63. as for the administring of the sacrament of the lords supper , we say it is most profitable , for comforting of the soules of men , sighting with the terrous of death ; and that the case may fall out , wherein they most ardently desire it , and consequently , that pastors who are the stewards of gods house , ought not to deny to his children , so hungring and thristing in this conflict , that heavenly refreshment : which we are not ashamed , with the ancient fathers , to call , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or viaticum , though ye seem to condemne this . it is manifest by the writtings of the ancient fathers : iustine martyr , in his 2. apology : eusebius , in the 6 booke of his story , 36. chapter , and others , that the sacrament was administred to sick persons privatly . the famous oecumenick counsell of nice , in the 13 canon , and second part thereof , appointeth the same , or rather confirmeth the ancient lawes thereanent . the like we may see in the 76 canon , of the fourth counsell of carthage . see balsamon also , upon the 20. canon of the counsell of carthage , where speaking of dying persons , he sayeth , that the lords supper should be carefully administred unto them ; and baptism , if they be not baptized . hence bishop iewel in his dispute against hardings , pag. 32. sayeth , that certain godly persons , both men and women , in time of persecution , or of sickness , or of other necessitie , received the sacrament in their houses , it is not denyed . the ancient fathers also call this sacrament viaticum , or a provision for our journey . so the fathers , in the fourth counsell of carthage , speak , canon 78. so gaudentius in his second treatise on exodus . so in s. basill his liturgie , we find this prayer , that the participation of these sacred things , may be the viaticum of eternall life . so concil . vas. 1. can. 2. so paulinus in vita ambrosii . whence causabon , in his answere to the epistle of cardinall perron , pag. 49. sayeth , the church of england not onely distributeth , the mysticall bread to the faithfull in the publick congregation , but also administrateth to dying persons this viaticum , as the fathers of the counsell of nice , and all antiquitie , call it . 64. learned calvin was of this mind : many and weightie reasons , sayeth he , epist. 361. move me to think , that the communion should not be denyed to sick persons . zepperus , in his first book of ecclesiasticall policy , and 12. chapter , hath these words of this matter , one thing rema●neth yet to be resolved , to wit , concerning the cōmunion of sick persons . albeit some think otherwise , yet it seemeth , that the holy supper may not , nor ought not , to be denyed to them that seek it . for if it was appointed for the confirming of our faith , and increase of our comunion with christ ; if we ought by the use of it to testifie our faith & studie of repentance ; why should they be deprived of so great a good , who fight with long diseases , or are in danger of their life ? when doeth satan labour more stronglie to ●hake ●●d brangle our faith , then when we are exercised with bodily diseases ? when dó our consciences tremble more , and stand in need , of the most ample corroboration of faith , then when we find that death is knocking at the doore , and that we are called to compear before the tribunall of god ? hieronymus zanchius , is of the same mind . thus he writeth in an epistle of his to iohn crato , physician to the emperour , i have nothing to say of the question proponed by you , but that i subscrive to your judgement , providing this be done when necessitie requireth , and it be administred to them , who through sicknesse , cannot come forth with others in publick . for since christ denyeth this to none of his d●sciples , how can we refuse it to sick persons , who desire it before they depart hence , and that not out of any superstition , but that their minds may be the more comforted , and raised up ? martin bucer , in the 22. chapter of his forementioned censure , considering that part of the liturgie , wherein the administrating of the communion to sick persons is ser down , sayeth , things here commanded , are agreeable enough to holie scripture : for it availeth not a little , to the comforting of troubled soules , to receive the communion of the lord . yea , he hath written a particular and most devote treatise , directing pastors how to administer the communion to sick persons : and yet we trust , ye will not call him a papist , since he was ●o hatefull to papists , that after he was dead , they raised up his bones and burnt them . peter martyr , writting upon the 10. chapter of the 1. epistle to the corinth . speaking of the lords supper , hath these words , they say it most be given to sick persons : i confesse sayeth he , but the mystery may be celebrated before the sick persons . it is to be remarked also , that often times it falleth out , that some persons are affixed to their beds by sickness , for the space of five or six , yea , ten yeares , or more : and how can we deny the comfort of this holy sacrament to those all that space , especially when they earnestly long for it ? 65. this doctrine and practise of ours , tendeth not to the contempt of the sacraments , ( as ye would bear upon it ) it is plaine contrary : for by this practise , we show , how much we reverence the commandement of god , and how highly we esteem of his ordinances , which we so earnestly seek after ; whereas on the other parr , the practise of others , leadeth people to the contempt of the sacraments , because they are moved the reby , to thinke , that there is no such necessity and efficacy in them , as scripture , and the consent of christians , hath ascribed thereunto . as for other abuses , rehea●sed by you , as fruites of private baptism , since you bring no proofe for what ye say in this , we oppone our just denyall , to your bare and unjust assertion . 66. lastly , ye advertise the reader , that ye think not the materiall churches , but the ordinary meetings , necessary to the lawfull administration of the sacraments , lest any should conceive that ye entertaine a superstitious conceit of places . we think , ye might have spared this advertisement : for we find , that they who oppugne our doctrine and practise in this point , are so far from being in danger of the extremity mentioned by you , that on the contrary they ●each , that the church is a place no more holy , then any other , and that it may be indifferently used to sacred or civil uses : which in our judgement is not agreable , either to holy scripture , or to sound antiquity . see eusebius in his ecclesiastick history , lib. 10. cap. 3. ch●ysost . homil . 36. on the first epistle to the corinth . s. augustine , in his first book of the city of god , cap. 1. codex theodasianus , lib. 9. titul . 45. de his qui ad ecclesias confugerunt . conc. gangrens . can. 21. sect. 2. re-examination of the articles of pearth . pag. 143. the v. duply. the indifferent reader may perceive , by our former duply , that your answere to our first exception , taken from the obedience , due to authority , and from our judgement , concerning the administration of baptism , and the lords supper , to dying persons in private places , hath not given satisfaction . 2. we asked of you , in our fift demand , how we can subscrive the negative confession , as it is propounded by you , without contradicting the positive confession , approved by parliament ▪ holden a●no 1567 , since the positive confession , chap. 21. declareth , that rites are changeable , according to the ex●gency of time , and consequen●ly that no perpetuall law , may or ought to be made of them , and the negative confession maketh a perpetuall law , concerning the externall r●●es of the church ; at least according to your judgement , who urge the subs●riving of this covenant and confession upon us ? we urged f●r●her in our reply , that the late covenant bindeth us to the old covenant made anno 1581 ; for by your late covenant , ye professe your selves bound to keep the fore●aid nationall oath ( as ye call it ) inviolable : and that old covenant , or oath , bindeth us to the discipline which was then ; and that discipline comprehendeth all the externall rites of it , ( as ye have in all your writings professed , especially in that late book entituled , the dispute against the english popish ceremonies : whence in your sermons , and printed books , since the assembly of pearth , ye have been still accusing us of perjury . ) so from the first , to the last , the la●e covenant bindeth us to the policy which was then ; and consequently , maketh a perpetuall law , concerning the rites of the church , as if they were unchangeable . 3. your answere to this argument , is not sufficient , nor to the purpose . 1. ye put off , without any answere , that which we alleadge out of a dispute , against the english popish ceremonies ; and , in stead of answering , wish , that what we have thence , or from any other treatise of that kind , were keeped to another time . pardon us , that we wish greater ingenuity , and a more direct answere . consider the words of that treatise before cited , part. 4. cap. 8. sect. 8. no man amongst us can certainly know , that the discipline meaned and spoken of in the oath , by those that swear it , comprehendeth not under it those points of discipline , for which we now contend , and which this church had in use at the swearing of the oath . shall we , then , put the breach of the oath in a fair hazard ? god forbid . the same we find to be the judgement of others also , who have opposed the articles of pearth , and episcopall government . since , therefore , we desire to be resolved , concerning the right meaning of the negative confession , lest by it we condradict the positive confession , approved in parliament : had we not reason to propone this difficulty to you , who require our subscription , and came hither , to resolve our scruples ? if ye condemn the judgement of these your brethren , who were authors of these treatises , why doe ye not openly profess , that ye , and the rest of the authors of the late covenant , disallow it ? if ye doe approve it , as we have great reason to think ye doe , since ye have still opposed the articles of pearth , and episcopacy , and doe expresly referre us to those treatises in your ninth answere : how doe ye not see , that , with a good conscience , ye can not require us , to swear , and subscrive , that which ye know to be contrary to our minde ? remember , we pray you , the words of the former treatise , in the place before cited , put the case , it were doubtfull and questionable , what is meaned by the word discipline in the oath ; yet pars tutior , the safer way were to be chosen ; which is affirmed there to be this : that the points practised by us , are abjured in the negative confession . 4. secondly : whereas ye say , that none of you would refuse to swear the short confession , because we have expounded some articles of it contrary to your minde : we reply , that this answere satisfieth not : for you swearing the negative confession , notwithstanding of the contrary interpretation of them who differ in judgement from you , showeth not , how the apparent contradiction betwixt it , and the positive confession , objected by us , is reconciled by you the propounders and urgers of it . moreover , if we did urge you to subscrive the negative confession , when in the mean time we were perswaded , that our interpretation of the articles thereof , were contrary to your judgement ; we were bound to labour to informe your judgement , before we did exact your oath : and , consequently , by the law of charity and equity , ye are obliedged , not to require our oath , till first ye doe that , which is sufficient , to make our judgement conforme to yours : which as yet ye have not done . 5. thirdly : ye say , your desire is , that both of us keep our meaning of the negative confession , according to our diverse measures of light , and only promise forbearance : which , ye say , we may doe , because that we think the points controverted , to be indifferent : we answere , that ye still flee the point in question : for it is another thing for us , to keep our meanings , and another thing for us , to swear a covenant , when we are not perswaded of the trueth thereof . ye might , and may still enjoy your meaning for us : but how we can keep our meaning , and subscrive your covenant , we see not ; since we think the one repugnant to the other . neither is it forbearance only that is required , as we have shown before ; nor yet can we swear forbearance , the law standing still in vigour , and authority requyring obedience . lastly : we think not all the points contraverted , to be indifferent , as was before declared . 6. thus it may appear , how ye have dealt with our sorites , as ye call it . the like dealing we find anent our dilemma ; the hornes whereof , ( as ye speak ) ye labour to turn against our selves , by asking . to which of the members of the distinction , we referre pearth articles and episcopacy ? if say ye , they were abjured in the negative confession , we are perjured for the practising of them : and if left indifferent ▪ by that confession , we may , notwithstanding of that confession , forbear the practise of them . first , your question is not pertinent : for the distinction is not ours , but yours . and to what purpose is it to you , to know , to what member of your distinction , we referre the articles of pearth , and episcopacy ? secondly : there is no strength in either of the hornes of your dilemma : for , by turning it wrong , you have made it your own . the one horne is , that if the articles of pearth , and episcopacy , be left indifferent , by the short confession , we may forbear the practise of them . first , this meeteth not the horne of our dilemma , which was , if we be not tyed , by the negative confession , to the ommission of these things ; then why have ye , in all your writings against us , exprobrated to us , perjury , for violating of the oath contained in that confession ? to this no word by you is answered here . secondly : suppone these things were left indifferent by the negative confession ; yet may we not forbear the practise of them : because , since that confession , lawes have passed on them ; which remaining in vigour , require our obedience as we said before . 7. the other horne of your dilemma , is , that if these points were abjured for ever , before pearth assembly , then wee , who practise them , are perjured . to which we answere , that it followeth not : for we never did swear to that negative confession . and therefore , though these points were abjured therein , yet are we free from all guiltinesse of perjury . and in the mean time , ye have not resolved , how he who is perswaded , of the lawfulnesse of those points , can swear the negative confession , if by it the swearer be tyed , to the abjuring of those points , which was the other part of our dilemma . thus if ye will consider rightly , ye may perceive , that , our dilemma standeth unmoved , with the hornes of it still towards you . ye farther insinuate , that our reasons , are not solide and grave , but velitations of such a sort as ye looked not for . let the judicious reader , pronounce his sentence of this ; only we wish , that ye had chosen rather to satisfie , then to contemn our reasons . that which ye here againe adde , concerning the change of cōmissioners ▪ is answered in our fourth duply . 8. to give light to your former discourse , ye subjoine a distinction of discipline , into three members : first , ye say , it is taken for the rule of government of the church , and censure of manners , by office bearers appointed by christ : and thus , ye say , it is unchangeable . secondly , for constitutions of counsells , and acts of parliament , about matters of religion : and thus , ye say , it is alterable , or constant , according to the nature of particular objects . thirdly : for the ordering of circumstances , to be observed in all actions , divyne , and humane : and so ye say it is variable . first , by these distinctions , the matter seemeth rather to be obscured , then cleared . for ye doe not expresse , in which of these senses the discipline mentioned in the negative confession , is to be taken , which was the point required of you . 9. secondly : ye seem by this distinction , to intangle your selves yet more . for , first , if ye take the name of discipline , in any one , or any two of these senses , what say ye to these following words of your dispute against the english popish ceremmies , parte 4. cap. 8. sect. 8. the bishop doeth but needlesly question , what is meaned by the discipline whereof the oath speaketh . for howsoever in ecclesiasticall use , it signifieth often times , that policie , which standeth in the censuring of manners ; yet in the oath it must be taken in the largest sense ; namely , for the whole policy of the church . for , 1. the whole policy of this church , did , at that time ▪ goe under the name of discipline : and those two books wherein this policy is contained , were called the books of discipline . and without all doubt , they who swore the oath , meaned by discipline , that whole policy of the church which is contained in those books . 10. secondly , when that little confession was framed , the government of the church was only by presbyters , and not by bishops : and , therefore , if ye think , that the name of discipline , in that confession , comprehendeth under it the first part of your distinction , ( which , as we conceive , ye will no● deny ) ye may easily perceive , that we are urged by you , to sweare , and subscrive against our consciences ; since we think the rule of the government of the church , which then was to be changeable ; and , that the government was lawfully changed , by following assemblies , and parliaments , from presbyters , to bishops . 11. thirdly : if these constitutions of counsells , concerning objects alterable , mentioned in the second member of your distinction , be one , & the same , with ordering of variable circumstā●es ▪ mentioned in the third member ; why have ye distinguished the one from the other ? but , if they be different , then ye grant , that ecclesiastick constitutions , may be made concerning some alterable matters of religion , which are not bare circumstances ; which is repugnant to your ordinary doctrine ; whereby ye mantain , that nothing changeable , is left to the determination of the church , in matters of religion ; but onely circumstances of actions . we can not see , how ye can mantain this doctrine , and yet oppose the determinations of the church , concerning ceremonies , which are indifferent . 12. we had reason to inquire your judgement , concerning rites or ceremonies , which are not of divine institution , whether they be lawfull , or not , though ye still shun the declaring of it . since by your covenant , ye intend a reformation of religion , and a recovering of the liberty and purity of the gospell , as ye speak ; if ye in your judgement , condemne such ceremonies , ( as ye insinuate ) we can not expect , but that , if ye obtain your desires , all such rites shall be expelled and condemned , especially since by this your late covenant , ye tye your selves to that old covenant , wherein ye disclaim and detest all rites brought into the church , without the word of god. now , we can not concurre with you , for promoving this end , because such a judgement , is plain contrary to ours , yea , contrary to the universall judgement and practise , of the ancient kirke , repugnant also to the judgement of the protestant churches , and most famous divines therein , as may appear by the quotations on the margine . but if ye be of the same mind with us , and think , that there are some rites of that kind lawfull , why doe you hide your minde from us , and others , since the acknowledgement and manifesting of this trueth , would be no small advancement to your cause , by removing this great offence ? of matrimoniall benediction , and god-fathers in baptism . 13. as for solemn blessing of marriage , we asked , what warrand ye had for it , by precept or practise , set down in gods word . in your answere ye insinuate , that it is a blessing of the people commanded in the law , and more plainly we find this set down in the dispute , against the english popish ceremonies , part. 3. cap. 2. sect. 10. yet plain it is from scripture it self , that matrimoniall benediction , ought to be given by a pastor , for god hath commanded his ministers to blesse his people , ( numb . 6. ) first , who ever before you , did ground the necessity of solemne blessing of marriage upon these words , numb . 6. 23. speak unto aaron , and unto his sonnes , saying , on this wise ye shall blesse the children of israel , saying unto them : the lord blesse thee , and keep thee : &c. learned melanchton , was not so well versed in scriptures , as to see this . for he sayeth in his epistles , pag. 328. ye see that the rite of the ancients is , that the bridegroom and bride , are joined before the altar , in the sight of god , and with the incalling of god. which custome undoubtedly hath been ordained by the first fathers , that we may consider that this conjunction was appointed by god , and is assisted by him. 14. secondly : by this commandement of god , to blesse the people , numb . 6. either there is a necessity laid upon the church , to blesse marriages solemnly , or not . if ye say , there is not a necessity , then there is no commandement of god there-anent , for it is necessary to obey gods commandement . if ye say , there is a necessity , what say ye then to your friend didoclave , who in his altar of damascus , pag. 866 , affirmeth , that neither the presence of the congregation , nor blessing of the minister , is necessary to this action ? and if ye dissent herein from him , ye are holden to prove your opinion , by a necessary consequence from holy scripture , which we are perswaded ye are not able to doe . 15. thirdly : the commandement , to blesse the people , is no lesse , if not more generall , then that , 1. cor. 14. 40. let all thinges be done decently , and in order : on the which words , both ancient and recent divynes , doe ground the lawfulnesse of the ceremonies which we allow . 16. fourthly : since that commandement , of blessing the people , is generall , what reason have ye , for not including other civill important contracts , especially that are performed with a vow , or promissorie oath ? a vow made to god , is a covenant with god ▪ as well as the matrimoniall oath . all vows and oaths , are acts of religious worship , although they be joined to civill contracts : and , therefore , if because of the covenant with god , ye blesse marriage solemnly , ye ought to doe the same , to other civill contracts , wherein there is the like covenant , by vertue of an oath or vow . 17. fiftly : whereas ye say , that though marriage were a paction , meerly civill , yet because it is so important , ye would not with-hold ecclesiastick benediction from it , notwithstanding of the abuse of poperie : we would understand , how this agreeth with the current doctrine of those that are of your minde : for we read in the abridgement of lincolne , pag. 17. that we should cast away even such things , as had a good originall , ( if they be not still necessary , and commanded of god ) when once they are known to be defiled with idolatry , or abused by it . so in the dispute against the english popish ceremonies , parte 3. cap. 2. sect. 2. it is affirmed , that rites , ancient , lawfull , and agreable to gods word , should , notwithstanding , necessarily be abolished , because of their superstition , and wicked abuse . ye adde , that ye will not use marriage superstitiously , according to the prescript of the service book . ye did not find the service book , neither in our demands , nor in our replyes ; yet we know not , how ye so often reach unto it . 18. lastly : of the stipulation of god-fathers in baptism , instanced by us , in our fift demand , ye have spoken nothing particularly , either in your first or second answeres . we have no precept , or example of it in holy scripture : yea , some of our learned divynes affirme , that it was instituted by pope higynus : and ye will not deny , that it hath been much abused in popery . how commeth it to passe , then , that this ceremony is allowed , and used by some of you ? we say , some ; for we are informed , that some of your minde , doe not use it at all . see d. morton , in his defence of the three ceremonies , pag. 24. the vi. duply. in your first answere to our sixt demand , ye answered nothing to that , which we affirmed concerning the judgement of divynes , ancient and moderne , who either have absolutely allowed these rites , which were concluded in pearth assembly , or else have thought them tolerable , & such as ought not to make a stirre in the church : neither did ye touch that , which we objected , cōcerning the venerable custom , and practise of the ancient church , and the most eminent lights of it , which ye condemn in your interpretation of the negative confession , contained in the late covenant . wherefore , in our reply to that answere of yours , we did hold your silence , for a granting of the trueth of that which we said , concerning so many divynes , ancient and modern , who stand for us . now in your second answere to that demand , ye labour to bereave us of this advantage , and granting that divynes , both ancient and modern , are against you , concerning the lawfulness of things controverted , ( a thing to be noted by the reader , and which should make you more sparing in your speaches of us who favour pearth articles , then ye are ) ye say , first , that divines , ancient , and modern , are against us also : and that both these propositions may be true , in respect they are both indefinite in a matter cōtingent . but our proposition concerning the judgement of divines who stand for us , was more then indefinite . for albeit we said , not , that all are for us ; yet we said , that many , yea , so many ; meaning , that a great many are for us , and against you , in matters of lawfulnesse , and unlawfulnesse , and , consequently , in matters of faith . this expression of the number , ye were glad to passe by : because ye can not say the like of these , who favour your judgement , concerning the unlawfulnesse of those things . for , scarce know we any modern divines , without his majesties dominions , that peremptorly condemn these rites , as unlawfull , which were concluded in pearth assembly : and of ancients , we mean the fathers of the ancient church , wee know none at all , who are of your minde . how is it , then , that for these your new positions , ye make such stirre , and doe take such dangerous courses in hand . secondly : ye say , that almost all divines allow of such a forbearance , of things indifferent , as ye require of us . but ye will not be able to make this good : for , who of our divines , have any-where allowed , in subjects such a forbearance of things indifferent , and lawfull , as is conjoined with a totall and sworn disobedience to standing lawes , against the prohibition of their superiours . thirdly : that which ye say , concerning innovations already introduced ; to wit , that nothing is required of us , concerning them , but a forbearance of them for a time ; and , that we may condescend to it , without either disobedience to authority , or wronging of our flock ; it is already refuted , in the two former duplyes . the vii duply. our reason proponed in the seventh demand , is not sufficiently answered , neither the impediment removed , as we have formerly made manifest , especially in our fourth duply . whereas , for removing of our scruple , concerning your interpretation of the short confession , ye tell us , that ye urge not upon us your meaning , but leave us to our own , till the matter be examined in an assembly : we answere ; we love not the swearing of an oath , without clear interpretation thereof ; and we approve not subscription of such a covenant , with diverse , or doubtfull meanings : neither doe wee think that a convenient mean , for solide pacification . and as wee are free , in professing our meaning , concerning the pearth articles , and episcopacy ; so we require of you the like plainnesse , or then the reason of your tetyrednesse . 2. the pearth articles ye doe unjustly call novations , if by this name ye understand , things repugnant to our reformed religion , or forbidden by our publick lawes : for these articles are not of this sort . those of them which we call necessary , the assembly of pearth did not conclude as indifferent , ( as ye alleadge ) neither can any such thing be inferred from the words of the acts of that assembly . therefore , we have no reason to change this opinion , as ye would have us to doe . we hold all the five points , to be lawfull , and laudable , and some of them more then indifferent , which also the words of the synod it self doe imply : so that , without just reason , it hath pleased you to say , that things formerly indifferent , are become necessary ; and what was but lawfull before , and had much adoe to gain that reputation , is now become laudable . thus again , we do plainly declare unto you , that the cause of our unwillingnesse to subscrive , or promise forbearance , is both the commandement of authority , and also the necessity and excellency of some of the things commanded : besides that , we think them all lawfull , and laudable . what we would doe , at the commandement of authority , in the forbearance of the practise of those things , for the peace of the church , and kingdom , shall be declared in our duply to your thirteenth answere , wherein ye urge this point again . the viii duply. vvhereas ye doe remit the reader , to your former answere , and our reply ; we also remit him thereto , and to our first duply ; hoping that he shall rest satisfied therewith . 2. we have , in those places , answered your argument , concerning your swearing , the defence of the king , and his authority , with a specification , as ye call it ; and have shown , that what hath not been looked to so narrowly , in this matter heretofore , is requisite now , for the reasons expressed in our eight reply , and first duply . concerning the full expression , of the loyalty of your intentions , to mantain the kings person , and honour ; whether , or not , ye have given just satisfaction , to those who are nearest to the kings majesty , ( as ye say ) we referre you , and the readers , to that , which ye , and they , will find near the end of our first duply . we wonder greatly , ye should affirme , that we , by craving resolution , doe wrong the king , and our selves ; or that ye , by giving of it , should wrong them who are nearest his majestie , and also the covenant , and the subscrivers thereof . for our requiring of resolution , in this matter of so great importance , is a pregnant argument of our loyalty towards our dread soveraigne , and of our care , to have alwise our own consciences voide of offence , towards god , and towards men. and your giving of satisfaction unto us , would have served for farther clearing of your covenant , and the subscriptions thereof . your pretence , that by giving us satisfaction , ye should wrong them who are nearest his majesty , is grounded upon a wrong supposition , as if they had already received satisfaction by your declaration . 3. god is witnesse , we doe not wittingly and willingly multiply doubts , for hindring a good worke , or to oppose against a shining light , ( as ye would have the reader to thinke of us ) but in all humility , and uprightnesse of heart , doe declare our minde , and doe intimate our unaffected scruples . and we thinke it very pertinent , at this time , to crave resolution of them , and to desire your answere , concerning this maine duety , which is not fully expressed in your covenant ; wheras a more full expression of it , had been very needfull , at this time . 4. lastly : whereas ye complaine , that we took not sufficient notice of you , while ye were amongst us ; ye may easily consider , that our publick charges , and imployments , together with the shortnesse of the time of your abode here , doe sufficiently vindicate us , from any imputation of neglect in that kinde : and our doores were not closed , if it had pleased you , in brotherly kindenesse , to have visited us : which we ought rather to have expected of you , seeing ye came undesired , to the place of our stations , to deal with us , and also to deal with our people , against our will , before we had received satisfaction . the ix . duply. as ye doe referre the reader , to your former answers ; so doe we referre him to our former replyes , and duplyes . 2. the meaning of the act of the assembly of pearth , citing the wordes of the psalm . 95. is not ( as ye doe interpret it ) any perverting of the text , neither tendeth it to inferr thereupon , absolute necessity of kneeling , in all worshipping of god , or in this part of his worship , in the celebration of the holy communion : but only to inserr the lawfullnesse , and commendable decency of kneeling , in divyne worship ; and that it is such a gesture , as our lawfull superiours may enjoine to be used , in gods worship ; and that religious adoration , and kneeling , is to be done to god only , although they sin not , who use another gesture , where this is not required by authority , but another appointed , or permitted . 3. we doe not kneel before the sacramentall elements , making them the object of our adoration , either mediate , or immediate : neither doeth the act of pearth assembly import any such thing . but all our adoration , both outward , and inward , is immediately directed to god only , with prayer , and thanksgiving , at the receiving of so great a benefite . wherefore , your objecting of idolatry , against us here , and in your other treatises , is most unjust . we marvell also , how ye doe here refer us , to those treatises , which in your twelfth answer , ye seem to disclaime , finding fault , that any of us should lay hold on them , or build any thing upon them . as likewise ye here alleadge , that the assembly of pearth made kneeling necessary in all points of gods worship ; and , consequently , in receiving the holy eucharist : not remembering , that in your seventh answere , ye said , the assembly had concluded the five articles as indifferent . 4. concerning the service-book , ( which now is not urged ) we have already answered . neither find we any reason , of your uncharitable construction of us , or of the disposition of the people , as if they were now become superstitious . nor doeth this time give any just cause of such feares , as are sufficient to overthrow the reasons of that act of pearth assembly . 5. we did not in malice , but in love , say , that such a defence as ye professe here , according to your protestation , and such meetings and conventions doe require the kings consent , and authority , to make them lawfull , according to our judgement : whereof some reasons we have expressed before in our second reply , which as yet ye have not satisfied . 6. it seemeth , that ye are either not able , or not willing , to answere particullarly and plainly , to our interrogatories proponed in our ninth reply : and we would understand some reason , why ye doe so , in such a free and brotherly conference ; seeing although ye doe otherwise interpret our meaning , yet truely we did not propone them to be snares to you , but to obtain satisfaction to our selves and others , for a peaceable end . as for your questions , which ye throw against us , with plain profession to work us discontentment thereby , we shal here make an answere to them in meekness , and evident demonstration of our peaceable disposition . questions answered . 7. your first question , concerning the service-book , and book of canons , is nowise pertinently proponed to us . if we did urge upon you the said books of service and canons , as ye doe now the covenant upon us , we should particularly and punctualy , declare our mind concerning them . 8. to your second question , we answere , that it is our duety to enquire carefully , what is incumbent upon us by the law of god , and man , towards our prince . we doe not move questions of state , but doe answere to your propositions , resulting upon matters of state , and we doe labour , as it well becommeth all good subjects , to be well informed , before we put our hand to any thing , which concerneth our due obedience to our prince . as for that which here again ye alleadge , of his majesties commissioner , and wise states-men , as having received satisfaction from you , we referre you , as before , to our answere made thereto , in our first duply . 9. to your third question , we answer ; our assertion concerning the unlawfulnesse of subjects their resisting the authority , of free monarchs , by force of arms , even although they were enemies to the trueth , and persecuters of the professors thereof , can not in the judgement of any reasonable man , import that we have the least suspition of our king , that either he shall change his religion , or shall fall upon his religious and loyall subjects with force of armes . we have often declared in these our disputs , that we are fully perswaded of our kings majesties constancy , in profession of the true religion , and equitable disposition in ministration of justice . and in testification hereof , we rest satisfied with his majesties proclamation , against which ye have protested . 10. to your fourth question , we answere , because that we doe esteem subscription to your covenant , neither to be warrantable by gods word , nor to be a convenient mean for pacification , we hold it our duety , both to with-hold our hands from it , and to dehort our people from it . 11. to your fift question , we answere : 1. we hold it a wrong ●upposition which ye make , that the prelates and their followers , are labouring to introduce popery , and to make a faction . 2. we know our gracious king , to be so just , and so wise , and so ripe in yeares and experience , that he will no● suffer any of his subjects , to abuse his majesties name , in the execution of any injustice . 3. to make resistance by force of arms , against the kings publick standing lawes , and against his majesties publick proclamations , is not ( in our judgement ) a convenient or lawfull way , for defending of the religion , of the liberties , and lawes of the kingdom , and of the kings authority ; but on the contrary it bringeth scandall upon our profession . see our reasons in our second duply . 12. to your sixt question , we answer , that in all free monarchies , there is nothing left to subjects , in the case of persecution , by their own soveraigne princes , but patient suffering , with prayers and tears to god , or fleeing from their wrath , as we have at length proved in our second duply . this doctrine did the people of alexandria , learne of their holy bishop athanasius , as is evident by their own words , in their protestation , subjoined to the epistle of athanasius , ad vitam solitariam agentes . if ( say they ) it be the commandement of the emperour , that we be persecuted , we are all ready to suffer martyrdom . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . tom. 1. oper. athanas. pag. 868. edit . paris . 1627. as for the nature of the government of this kingdom of scotland , read the book of king james the sixt of blessed memory , entituled , the true law of free monarchies , and the preface of the first book of regiam majestatem ; where it is expresly said , of the king of scotland , that he hath no superiour , but the creator of heaven and earth , ruler of all things . this our answere , neither proceedeth from flattery , neither from any intention , to stirre up princes against their loyall subjects , nor from any aime at other worldly ends , ( as ye doe uncharitably judge ) but from our due fidelity to our king , from our true love to our countrey , and from our upright desire to the glory of god , and the comfort of our own souls , in the day of our accounts . the x. duply. although we take you to be of the number of those who penned the late covenant , yet pardon us , to call your glosses of it in question , so long as ye doe not satisfie our arguments , which prove them to be contrary to the very words of your covenant . we have shown , in our replyes , and now again in our fourth duply , that the words of the covenant import a perpetual adherance , to the who●e externall policy of the church , as it was anno 1581 ; and the removing of pearth articles , and episcopacy , as of things contrary to the liberty and purity of the gospell . whence we still inferre , that these who have sworn the covenant , are tyed by their oath , to vote against pearth articles , and episcopacy : and , consequently , can not , without prejudice , either dispute , or give out a decisive sentence concerning them , in the intended assembly . 2. ye say , ye will not judge so uncharitable of us , as to think us so corrupt , that , in our opinion , since the time designed by us , nothing hath entered into the church ▪ beside episcopacy , and the articles of pearth , which can be prejudiciall to the liberty and purity of the gospell . we are glad , that although ye judge uncharitably of us , yet ye judge not so uncharitably : and , although ye think us corrupt , yet ye think us not so corrupt , as not to be sensible of these things . we told you our minde before , in our fourth duply , concerning these abuses , which ye think to have been occasioned by pearth articles : and now we tell you , that if pearth articles , and episcopacy , for these their alleadged consequents , be altogether removed , the benefite which ye think our church may receive , by removing of them , shall not , in any measure , equall her great losses . the xi . duply. vvee complained in our demand , of the uncharitablenesse of your followers , who calumniate us , as if we were favourers of popery . and to show how unjust this calumnie is , we declared , that we are ready , to swear , and subscrive , our nationall confession of faith , ratified and registrated in parliament : to which declaration , we have now added our oath , which we did swear , when we received the degree of doctorate in theologie , and have solemnly again renewed it , pag. 81. 82. in your answer to that demand , ye slighted our complaint , and did not so much as once mention it ; which made us in our reply , to complain also of you , who have shown your selves so unwilling to give us that testimony of our sincerity in professing the trueth , which all who know us , think to be due to us . we expected , that in your second answer to that demand , this fault should have been amended . but , contrary to our expectation , we perceive , not only that ye are insensible of the grievous injurie done to us , by the calumnious reportes of others ; but also , that ye have busied your own wittes , to enquire , as ye say , in matters , to search , and to try our wayes , and to expisca●e what ye could against us , by the unfriendly testimony of some , who , perhaps , are displeased with us , as achab was with m●ca●ah , for the freedome of our admonitions . charity , ye know , thinketh no evill , 1. cor. 13. 5. and covereth a multitude of transgressions , prov. 10. 12. 1. pet. 4. 8. but uncharitable inquisition , and prying into other mens doings , not only discovereth those infirmities , unto which god will have every one of us subject , for humbling of us ; but also bringeth even upon good men , a multitude of undeserved aspersions . brethren , we intend not to give you a meeting in this ; for our resolution is , not to be overcome of evill , but to overcome evill with good , rom. 12. 21. and we are glad to suffer this for his cause , whose trueth we mantaine , pitying in you this great defect of christian and brotherly compassion ; and praying god , not to lay it to your charge . wherefore , we will not search and try your wayes , as ye have done ours : but we will reflect our thoughts upon our selves , and see whether or not we be guilty of these things , which ye here reprehend in us . 2. ye say , first , that we have taken an ample testimony to our selves . but what , we pray you , have we testified of our selves ; but this onely , that in sincere and zealous profession of the trueth , we are not inferiour to others ; and , according to our measure , have striven to be faithfull in all the dueties of our calling ? ye have , indeed , put more into our apology , and say , that we have praised our selves , from our frequency of prayer , extraordinary humilations , and holynesse of life , and conversation , &c. for , as ye are loath to speak any good of us ; so ye would have the reader believe , that we speak too much good of our selves . but in this , as ye wrong us , so ye make the reader to see , how negligently ye have read and considered our words . for , whereas in the second part of our reply , we told you , that we have other meanes , and more effectuall , then your covenant , to use , for holding out of popery ; mentioning in particular , extraordinary humiliation , frequency of prayer , amendement of life , diligence in preaching , and searching the scriptures , &c. ye imagine , that we doe arrogate to our selves , some singularity , in using these means ; not considering , that it is one thing to say , that we may and ought to use these means , and another thing , to say , that we are singular , and eminent , above others , in the diligent use of them . 3. next : whereas ye say , that ye were desirous , rather to hear that testimony , at the mouths of others , ( as if ye had never heard our pains and labours , for the trueth , commended by any ) who knoweth not , but in this case , in the which we stand for the present , it is lawfull , and most expedient to men , to vindicate themselvs , and their fidelity in their callings , from the contempt and calumnies of others . we have in the scriptures , notable examples of gods dearest saints , who in such cases , yea , in other cases also , without any derogation , to their singular humility , did fall out into high expressions , of their own vertuous and pious carriage . who ever spake so humbly of himself as paul , who calleth himself lesse then the least of all saints , ephes. 3. 8. & yet elsewhere he sayeth , that he was not a white behind the very chiefest apostles ; and , that he laboured more abundantlie then they all , 1. cor. 15. 10. 2. cor. 11. 5. 4. the defects , which by your strict and curious inquisition , ye think ye have found in us , may be reduced into two points : one is , that we are too sparing in our paines , in preaching ; and , that we often fill our places with novices . the other is , that the small pains which we have taken , are not fruitfull . and , to prove this , ye say , that popery hath no lesse increased in our city , under our ministerie , then any time before since the reformation . as for the first of these , to omit that which modesty will not permit us to speak , either of our own paines in teaching , or of yours , it is very well known , that in the case of sickness , and extraordinary imployments in our callings , which but seldom doe fall foorth to us , it is both lawfull , and commendable to see , that our places may be filled , either with some actuall minister , or , failing of that , with able students of divinity , approven by publick authority , whereof your selves can not be ignorant , in respect of your frequent peregrinations , from your stations . 5. as for the next point : although it were true , yet the parable of the seed sowen in diverse sorts of ground , and the dolorous complaints , which these most painfull and thundering preachers , eliah , 1. king. 19. 10. isaiah , 53. 1. paul gal. 1. 6. and 3. 1. yea , of christ himself , matth. 23. 37. and luke 19. 41. 42. made of the hard successe of their laboures , may learne you to be more beninge in your censures of us , then ye are . in the mean time , it is known to his majesty , to the lords of secret counsell , and to all the countrey here ; as also it is evident , by many publick extant acts of the said secret counsell , and of our diocoesian assemblies , that we have been as diligently exercised , in opposing of popery , as any ministers in this kingdom . neither hath our successe herein been so badde , as ye have given it out : for since our entry to the ministry here scarce hath any man been diverted from the trueth , to popery ; some papists have been converted , to the profession of the trueth , and others who were incorrigible , have been forced to depart from this countrey . yea , we think , that our successe , in dealing with the papists , had been undoubtedly greater , if they had not been hardened in their errour , by your strange and scandalous doctrins , repugnant to scripture , and sound antiquity . 6. that which ye say in the second part of your answer , concerning the powerfull effects of your covenant , meeteth not with that which we did object , concerning the unlawfulnes of it . for , that which is not in it self lawfull , can never be truely profitable to any . and solomon hath told us , that their is no wisdome , nor understanding , against the lord , prov. 21. 30. 7. as for the last part of your answer , we have so often told you that your fear of the inbringing of the service-book , and canons , is causelesse : and ye have so oft denyed this , that it were folly to wearie the reader any more with this matter . in the mean time , we tell you , that if your covenant be unlawfull in it self , ( as we still think it to be ) your fear , although it were justly conceived , will never free your souls of the guiltinesse of it . the xii . duply. to justifie or excuse your omission , of publick disallowing and condemning the publick disorders , and miscarriages of some who have subscrived the covenant ; especially the offering of violence to prelats , and ministers , in time of divine service , and in the house god , whereof we spake in our twelfth demand , and reply : ye answer , first , that ye acknowledge not the service-book , for the lords service . ye might say the same of any service book , ( if ye allow the reasons lately set forth in print against the service-book ) for there a prescript form of prayer , is condemned , which directly crosseth the practise of the universall church of christ , ancient , and recent . 2. ye alleadge , that ye acknowledge not the usurped authority of prelats , for lawfull authority . for ought we can perceive , by the doctrins of those with whome ye joine , ye acknowledge no lawfull authority at all in prelats , above your selves , and other ministers : and ye seem so to insinuate so much here , by blaming us , for calling them , reverend and holy fathers . we are perswaded of the lawfulnesse of their office , and therefore are not ashamed , with scripture , and godly antiquity , to call such as are advanced to this sacred dignity , fathers , and reverend fathers . neither should personall faults , alleadged by you , hinder our observance , till what is alleadged be clearly proven . for , so long as things are doubtfull , we should interpret to the better part , luke 6 , 37. and it is a rule of law , that in a doubtfull case , the state of a possessor , is best ; and , consequently , of him that hither-to hath been in a possession of a good name : as also , that in things doubtfull , we should rather favour the person accused , then him that accuseth . 3. if ye be of this same judgement , with us , concerning the lawfulnesse of their office , why doe ye not reverence them , as well as we ? but if their very office seem to you unlawfull , we esteem your judgement contrary to holy scripture , to all sound antiquity , and to the best learned amongst reformed divines . hear what melanchton sayeth , i would to god , i would to god , it lay in me , not to confirm the dominion , but to restore the government of bishops : for i see what manner of policy we shall have ; the ecclesiasticall policie being dissolved : i doe see , that hereafter will grow up , a greater tyrannie in the church , then ever was before . and again , in another epistle to camerarius , he sayeth , you will not beleeve how much i am hated , by those of noricum , and by others , for the restoring of iuridiction to bishops . so our companions fight for their own kingdom , and not for the kingdom of christ . so in other places . see bucer , de regno christi , pag. 67. 4. thirdly , ye alleadge the zeal of the people ; by reason whereof ye say , that it was nothing strange , that in such a case , they were stirred up to oppose . suppone they had opposed , yet , that they should have so opposed , as to have offered violence to sacred persons , prelats or ministers , who are spirituall fathers , seemeth to us very strange , for all that hitherto ye have said . there is no zeal , without the extraordinary instinct of gods spirit , which can warrand men destitute of authority , to lay their hands on such persons . touch not mine anoynted , and doe my prophets no harme , sayeth the lord , psal. 105. let all things be done decently , and in order , sayeth s. paul , 1. cor. 14. 40. god is not the author of confusion or timult , but of peace , sayeth that same apostle there , verse 33. to this purpose gregorie nazianzen in his 26 oration , speaking of the chief causes of division in the church , sayeth , one of them is unrulie , ferventness without reason and knowledge , and that another is , disorder and undecencie , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 5. the sonne should account the person of his father sacred , ff . de obsequiis , leg. 9. so we ought also to esteem of our spirituall fathers : and , therefore , to offer injury to their persons , and that , in time of divine service , must needs be a grievous sin . in the novell constitutions of iustinian , authent . collat. 9. tit. 6. novella 123. de sanctiss . episcopis , &c. cap ▪ 31. there is a remarkable law to this purpose , cited upon the margine . the like law we find in cod. iustin. lib. 1. tit. 3. de episcop . & clericis leg. 10. now although in these imperiall lawes , the sanction be severe , yet we wish no such severity to be used amongst us , but praying god , to forgive them who have transgressed : we desire them to consider , that anciently amongst christians , such doings were greatly disallowed . 6. chrysostom , speaking of the reverence due by people to pastors , sayeth , a man may now see , that there are not so great s●offs and reproaches , used by the unfaithfull , against the rulers , as by those that seem to be faithfull , and to be joined with us . let us therefore inquire whence commeth this negligence , and contempt of pietie , that we have such a hostilitie against our fathers . there is nothing , there is nothing that can so easilie destroy the church , as when there is not an exact jointure of disciples , to their masters ; of children to parents , and of them that are ruled , with their rulers . he that but speaketh evill against his brother , is debarred from reading the divine scriptures , ( for what hast thou to doe to take my covenant in thy mouth sayeth the lord ; and subjoineth this cause , thou sittest and speakest evill of thy brother , ) and thinkest thou thy self worthie to come to the sacred porches , who accuseth thy spirituall father ? how agreeth this with reason ? for if they who speake evill of father or mother , should dye , according to the law ; of what judgement is he worthie , who dare speake evill of him who is much more necessarie , and better , then those parents ? why feareth he not , that the earth should open , and swallow him , or that thunder should come from heaven , and burn up that accusing tongue ? see him also , lib. 3. de sacerdotio , cap. 5. & 6. 7. in the next place , ye say , that the keeping of gods house , from pollution and superstition , belongeth to authority , to the community of the faithfull , and to every one in his own place , and order : but , certainly if every one , or all the community , keep their own place , and order , they can doe nothing in this , by way of force , without , far lesse against authority . hence zanchius , in his first book of images , thes. 4. sayeth , without authority of the prince , it is lawfull to none in this countrey , to take idoles out of churches , or to change any thing in religion : he that doeth so , should be punished , as seditious . this he confirmeth by reason , and by the testimony of s. augustin , tom. 10. de sermone domini in monte , homilia 6. and a little after , he subjoineth ; augustin handleth this argument piouslie , he dehorteth his people , from such a practise , and sayeth , that it is pravorum hominum , & furiosorum circumcellionum . 8. as for your vehement accusations and threatnings , ( here , & answer 14 ) against the writer of the late warning to the subjects in scotland , ye may easily perceive , by the printed edition of that warning , and by the printed editions of our replyes , that , that offence is taken away . and now , reverend brethren , why are ye pleased thus to digresse from the matter in hand , to waken and hold on foot , personall quarrels against your brother , by digging up buried words , and renewing haske interpretations thereof , contrary to his loving intentions , and after that himself , for satisfaction to all men , hath so publickly disallowed and abolished these words ? this uncharitable dealing , can bring no advantage to the cause which ye mantain , but rather maketh it the more to be disgusted , in consideration of your too great eagerness to stir up hatred against your neighbour , and to work him trouble ; whome ye ought not to persecute with implacable wrath , which worketh not the righteousnesse of god ; nor to exasperat against him his other dear countrey-men : but rather , as well beseemeth your profession and calling , ye ought to exhort them to the most favourable construction of things , and to christian placability , and to the entertaining of their wonted loving affection towards him . as for these our present questions , we desire theologically onely , and peaceablie , to conferre of them with you , or any other our reverend brethren , of our own calling . 9. ye say that master knox spared not to call kneeling a diabolicall invention . if ye allow this saying , how can it be , that in your covenant , intended for removing of innovations , and recovering of the purity of the gospell , ye expresly aimed not at the abolishing of this ceremony , which is so hatefull in your eyes ? but if ye doe not approve this his saying , why did ye not choose rather , in charity to cover this escape of so worthy a personage , then openly to blaze it abroade ? 10. ye have needlesly drawn into your discourse , mention of irenicum . of which work , for mittigation of your unpeaceable censure , be pleased to take notice of the judgement , of that most worthy pastor , and most grave and learned divine , d. iames usher , arch-bishop of armach , primate of all ireland , in this his epistle written to the author . vir eximie . summa cum voluptate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tuum perlegi : eamque patriae tuae foelicitatem sum gratulatus , quod novum tandem produxerit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , qui eam ipsi praestitit diligentiam & virtutem , quàm olim exteris ecclesiis ( quum non admodum dissimiles de adiaphoris obortae lites earum pacem perturbarent ) exhibuit ille vetus ; qui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . nulla salus bello : ipsique bello salus si qua sit , non alio quam pacis nomine ea continetur . nam & de pace belli uriam , opinor , à david● aliquando interrogatum meministi . i am verò , pro 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , scriptum remitto tibi ego 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : sed quod jucundum praebeat spectaculum midianiticorum satellitum inter se manum conserentium , & mutuo isto bello ecclesiolae nostrae , pacem promoventium . tu quicquid , hoc est , munusculi , ut ab homine optimè ergate affecto transmissum suscipe , & me ( ut facis ) ama . pontanae , in hibernia , iii. id. decembr . anno reparatae salutis 1632. tuus in christi ministerio conservus jacobus armachanus . me juvat alma quies , gens haec fera bella minatur , et quoties pacem poscimus , arma crepat . arth. jonst . paraph. psal. 120. the xiii . duply. ye repeat your former answer , concerning your interpretation of the clause of forbearance , which we have already refuted in our former replyes , neither doe ye bring here any new confirmation thereof : and therefore all the three scandals , mentioned in our 13 demand , doe yet remaine unremoved . 2. although your interpretation were admitted , which we can not admit , yet at least the third ▪ scandall were nowise avoidable therby , ( whatsoever may be supposed concerning the other two , ) and that because of the reason expressed in our 13 reply ; to which your answers here are not satisfactory . 1. ye doe insinuate , that ye think our oath of obedience to our ordinary , and pearth constitutions , not lawfull in it self : which we are perswaded is very lawfull . 2. ye would seem to infer the unlawfullnesse of it , by challenging , the authority whereby it was exacted ; and alleadging that their is no ordinance made civill or ecclesiastick , appointing any such oath . this reason ( although it were granted ) hath no strength at all , to prove that which ye intend , to wit , that either our oarh is in it self unlawfull , or that we may now lawfully break it : for our swearing of that oath is not against any lawfull authority , either divyne or humane : and in such a case , oathes concerning things lawfull , ought to be keeped , whether they be required by appointment of a publick ordinance , or not : which whosoever denyeth , he openeth a patent doore to the breaking of lawfull oathes , in matrimoniall and civil contracts , and many other cases , daylie incident in humane conversation . also the exacting of that oath , was clearly warranded by two acts of parliament , viz. parliament 21. of king james the 6. holden at edinburgh , anno 1612. chap. 1. and parliament 23. of king james the 6. holden at edinburgh , anno 1621. act 1. 3. ye take upon you to call in question , with what conscience that oath was given . how oft , brethren , shall we exhort you to forbeare judging of other mens consciences , which are known to god onely ? iudge not , that ye be not judged . matth. 7. 1. 4. ye alleadge , we can not answer before a generall assembly for our oath , and the scandall risen thereupon . no man needeth to be ashamed , before a generall assembly , or any other judicatory , of his lawfull and due obedience , which he hath given to the publick constitutions of the church of scotland , and to his majesties standing lawes ; or of any lawfull oath , whereby he hath promised that obedience . as for the scandall , it was not given by us , but unnecessarily , and unjustly taken , by you , and some others , upon an erronious opinion , obstinatly mantained against the lawfulnesse of the matters themselves . 5. ye say , that conceiving the oath , according to our own grounds , none of us will say , that we have sworn the perpetuall approbation and practise of these things , which we esteem to be indifferent , whatsoever bad consequent of popery , idolatry , superstition , or scandall , should follow thereupon . we answer , 1. these bad consequents are alleadged by you , but not proven . 2. evils of that kind should be avoided , by some lawfull remedy . and we doe not esteem it lawfull for us , to disobey authority in things lawfull , although in themselves indifferent : for obedience commanded by the fift precept of the decalogue , is not a thing indifferent . there be other means which are lawfull and more effectuall against such evils , as we have specified in our eleventh reply : 3. we did not swear perpetuall approbation , and practise of indifferent things ; but knowing these things in themselves , to be approvable , we did swear obedience to the publick laws , requyring our practise in these thinges , so long as the law standeth in vigour , and our obedience thereto is required by our lawfull superioures . 4. this course we hold to be more agreable to our duety , then upon private conceptions of scandalls unnecessarily taken , to break off our due obedience to that authority which god hath set over us . 6. out of our assertion ( reply 4. ) concerning the administration of the sacraments in private places , to sick persons , in case of necessity , ye doe collect , that we cannot forbear the practise of these , although our ordinary , and other lawfull superiours , should will us to doe so . and hence ye infer , that herein pearth assembly , for which we stand , is wronged by us two wayes : 1. that we differ in judgement from them , about the indifferency of the five articles : and next , that at the will of our ordinary , and ye know not what other lawfull superioures , we are ready to forbear the practise of these things , which the assembly hath appointed to be observed . 7. as for your maine question , whether a duety necessary by divyne law , may be , or may not be omitted , in case , our ordinary , & other lawfull superioures , should will us to omit it ? before we answer to it , we must expound what we mean by our other lawfull superiours , because of your jesting pretence of ignorance hereof . we mean hereby , the kings majesty , the parliament , the secret counsell , and other magistrates , and ecclesiasticall assemblies , whereunto we owe obedience in our practise required by them , according to publick lawes . 8. the question it self ye doe express more clearly in your answer to our 4. reply , wher ye alleadge , that we find some of the pearth articles so necessary , that although the generall assembly of the church should discharge them , yet we behoved still , for conscience of the commandement of god , to practise them . thus are we brought to this generall question ; whether , or no , any thing necessary ( or commanded ) by divine law , may , in any case , without sin , be omitted when publick humane authority dischargeth the practise therof ? for resolving of this question , we desire the reader to take notice of these theological maximes , received in the schools , & grounded upon holy scriptur . 9. affirmative preceptes , doe binde at all times , but not to all times , but only as place and time require ; that is , when opportunity occurreth . [ praecepta affirmativa obligant semper , sed non ad semper , nisi pro loco & tempore ; id est , quando opportunitas occurrit . ] but negative precepts , doe binde at all times , and to all times . [ praecepta negativa obligant semper , & ad semper . a ] as for example ; a man is not obliedged to speak the trueth at all times ; for he may be some time lawfully silent , but he may never lawfully lie . 10 of affirmative necessary dueties , some are the weightier matters of the law , [ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ] as judgement , mercy , and faith , matth. 23. 23. others lesse weighty , such as are those of the pearth articles ; which we call necessary , and ye doe reject . 11. the exercise of some affirmative necessary dueties , may be some times omitted , by authority , without sin , for the publick peace , or some pressing necessity . thus moses permitted repudiation of a mans married wife , not fallen into adultery ; neither did he urge strictly the affirmative duety of adherence , and that for the hardnesse of their heart . wherein moses had respect to the peace and unity of the tribs of israell , as alexander alensis observeth in his summe of theologie , part. 3. qu. 46. membro 1. art. 1. & art. 2. david did not execute , in his own time , judgment against ioab , for his murthering of abner , and amasa , because the sonnes of zeruiah were too hard for him . circumcision was omitted , because of the uncertainty of their abode in one place , when the people were with moses in the wildernesse . 12. exercise of ecclesiasticall discipline , against open obstinate offenders , is an affirmative duety , incumbent , by divyne law , upon the pastors , towards those who are committed to their charge . yet it may , and ought to be forborn , when it can not be used without an open rupture , and unavoidable schism . because in such a case the publick peace is rather to be looked to , lest in our inconsiderate zeal to seperate the tares , we pluck up also the wheat . and what we can not get corrected by censure , we can doe no more but mourn for it , and patiently wait till god amend it , as augustin proveth at length , lib. 3. contra epistolam parmeniani , cap. 1. & cap. 2. & lib. de fide & operibus , cap. 5. for in this time ( sayeth gregory ) the holy church doeth correct something by fervour , something she tolerateth by mecknes , some things by consideration she dissembleth , & beareth , so that often by bearing & dissembling , she compesceth ( or putteth away ) that evill which she hateth . and prosp. saith ; for this cause therfor , they most with gentle piety be borne with , who for their infirmity , may not be rebuked . 13. when a doctrinall error ( not being fundamentall ) prevaileth by publick authority in any church , a private pastor or doctor espying it , may lawfully and laudably , sorbear publick striving against it , when he evidently perceiveth , that unavoydable schism would follow thereupon . in such a case he should content himself , to seed his hearers with that wholesome milk of the word , which they may receive , and delay the giving of stronger food , unto them because of their infirmity : considering that more necessary and weightier duetie , which he oweth for preservation of order and peace ; and labouring , in a milde and peaceable manner , to cure them . to this purpose belongeth that saying of gregorie nazianzen , let no man , therefore , be more wise then is convenient , neither more legall then the law , neither more bright then the light , neither more straight then the rule , neither higher then the commandement . but how shall this be ? if we take knowledge of decencie , and commende the lawe of nature , and follow reason , and despise not good order . ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ) and that of the ancient church of lions in france , near eight hundreth years agoe ; who doeth not calmlie and peaceablie moderate that which he thinketh , but is readie incontinent to contentions , dissentions , and scandalls , although he have not an hereticall sense , most certainlie he hath an hereticall minde . 14. divine institution , by the ministery of the apostles , craveth deacons , ordained by imposition of hands , for all their life time , acts 6. yet in our reformed church of scotland we have no such deacons . which oecomenicall defect , necessitated by detention of church mantenance necessary for their sustentation , we hope shall not be imputed to our church , as sin , so long as she despiseth not that institution , and acknowledgeth , and lamenteth , this deficiencie , and endeavoureth , by peaceable lawfull means , to have it ●emedied . 15. although some affirmative dueties , necessary by divine precept , doe give place , sometimes , to other more weighty , and more pressing dueties , ( as the saving of a stranger may be omitted , for saving my father or my brother , or my son , out of the same danger , when i am able onely to save one of them . and many such like examples doe occurre : ) yet it is never lawfull to condemn or oppugn such dueties , as evill , or superstitious , or scandalous in themselves , neither to rank them amongst things in themselves indifferent . 16. hence we doe inferre , that notwithstanding of the necessity of those of the pearth articles , which we call necessary , yet sometims the practising of them , may become not necessary , and the omission thereof not sinfull , publick authority , & necessity of the peace of the church , so requiring . some time indeed , the omission of a thing prescrived by an affirmative divine or humane law , may befaultlesse : but it is never lawfull for subjects , to transgresse the negative part of the divine precept , by resisting with force of arms , that power whereunto god hath subjected them , and to which he hath forbidden them , to make such resistance . neither is it at any time lawfull , for pastors and teachers , to teach erronious doctrine . 17. ye doe attribute to us , as a great absurdity , that at the will of our ordinary , and other lawfull superiours , we are ready to forbear the practise of these things which the assembly hath appointed to be observed . and this ye inferre from the necessity of administration of the sacraments , sometimes in private places , according to our judgment . certainlie , ye will have much adoe , to make good , by right logick , this your inference from such an antecedant . but to speak of the matter of the consequent , for satisfaction to the reader , we find no such absurdity in it , as ye seem to proclaim . for , if some dueties appointed by divyne law , give place sometimes to other weighty dueties , such as is the keeping of publick peace and good order , as we have already shown , much more may a thing , notwithstanding of any humane law appointing it to be observed , befor these respects omitted , at the will & direction of those superiours , to whom we ow our obedience required by that humane law , & who have power to dispence with our practise in that part . the xiv . duply. if the words of the covenant be plaine , ( say ye ) concerning the meer forbearance ▪ and speak nothing of the unlawfullness , no mans thoughts can make a change . but we have given our reasons , which justly move us to require greater plainness ; neither have we as yet received satisfaction , concerning those reasons . 2. in our 14 reply , we said , that your band of mutuall defence against all persons whatsoever , may draw subjects , perhaps , to take aimes against their king , ( which god avert ) & cōsequently from that loyaltie of obedience , which they ow to their soveraign , & ours ; except ye declare , and explaine your selves better , then ye have hitherto done . to this ye answer , that , by this reply we doe a threefold wrong : one to our selves , another to the subscrivers , the third to the kings majesty . but ye have not directly answered to the point proponed by us . 3. the wrong which ye say , we do to our selvs , is in forging from the words of the covenāt , impedimēts , & drawing stumbling blocks in our own way , to hinder our subscriptiō . this your wrongous asseveratiō , we justly deny , protesting , as we have often done , that we do walk sincerly in this matter , according to our light , not forging to our selvs impedimēts , nor drawing stumbling blocks in our own way ; but clearly showing the impediments , and stumbling blocks , which the contryvers of the covenant have laide in our way , by their very incommodious expression , irreconciliable [ in our judgement ] with your exposition . 4. ye say , we wrong the subscrivers , in changing the state of the question , and in making a divorce betwixt religion , and the kings authority , which the covenant joineth together , hand in hand . we doe nowise wrong the subscrivers , when we propone uprightly our just scruples , as we in our consciences doe conceive them , whereby we are moved to with hold our hands from that covenant : whereof one is , the fear of unlawfull resistance to authority , if we should hold to that covenant ; howsoever ye will not suffer to hear patiently this objection , because in your covenant ye doe professe , the conjunction of religion , and the kings authority : which profession of yours , doeth not sufficiently serve for a full answer to our objection , against those other words of that same covenant , whereupon our scruple did arise ▪ to clear this , we wish you to answere directly ( to this our present demand : ) whether or no , in case of disagreement , ( which godavert ) think ye that the covenanters as obliedged , by vertue of their covenāt , to make open resistāce , by force of arms ? if ye think they are obliedged to make resistance , then we desire your answer to the reasons and testimonies broght in our 2. duply , proving the unlawfulnes of such resistāce . but if ye think that they be not oblidged , thē declare it plainly . 5. but most of all , ye say , we wrong the kings majesty , in bringing him upon the stage , before his subjects , in whose minds we wold ( as ye do 〈…〉 alleadge ) beget and breed suspitions of opposing the true 〈…〉 aking innovation in religion , and of dealing with the s 〈…〉 , contrary to his lawes and proclamations , and contrary to the oath at his coronation . we answer ▪ ●e have not brought , but have found his majesty upon this unpleasant stage , opposing himself openly to your covenant , with solemn protestations , against all suspitions of opposing the trueth , or making innovation of religiō , or dealing with the subjects contrary to his lawes & proclamatiōs , or contrary to the oath at his co●●natiō . this his majesties declaratiō against which ye have protested , we have willingly received , & do truely believe it . 6. what the most honourable lords , of his majesties privy counsell have done , cōcerning his majesties last proclamation , & upō what motives , their hs. themselves do know , & his majesties high cōmissioner , hath publickly declared in his printed manifesto , contrary to some of your asseveratiōs , cōcerning the proceeding of that honorable boord . 7. ye profess here , that , it becōmeth you , to judge charitably of his majesties intentions , altho ye disallow the service book , and canons , as containing a reall innovation of religion ; and doe affirme , that the intention of the prelats , & their associats , the authors and contrivers of the books , is most justly suspected by you . we have told you already , that , concerning the matters , contained in those books , it is not now time to disput , the books themselvs being discharged by his majesties proclamation , and a royall promise made , that his majesty will neither now nor herafter , press the practise of the forsaid canōs & service book nor any thing of that nature , but in such a fair & legall way , as shall satisfie all his majesties loving subjects ; & , that his majesty neither intendeth innovation in religion or lawes . as for the intentions of his sacred majesty , we do heartily & thankfully acknowledge them , to be truely conforme to his majesties gracious declaration , in that his last proclamation . and , indeed , it becommeth both you and us , to think s● of them . neither do we take upon us , to harbour in our breasts , any uncharitable suspition , concerning the intētions of those others of whom ye speak ; seeing they stand or fall to their own master , and the thoughts of their hearts are unknown , both to you and us : and in a matter uncertaine it is surest to judge charitably . yea , we have ma●●y pregna●● arguments to perswade us , that those reverend prelates , and their associates , had no such intention , as ye judge . 8. ye make mention of three wrongs , done by us to you : the one , in the warning , whereof ye have an answer already given in our 12. duply , where ye did use great exaggerations , then either the intentiō of the warner did merit , ●● became your chartiy and profession . and by your repetition of it in th●● place , ye show , that ye have too great delight to dwell upon such expostulations , wheras theologicall reasons of the matter in controversie , would better become you in such a disput. the second wrong is , that ( as ye alleadge ) we have wronged you , in with-holding our hand and help from so good a cause , of purging religion , & reforming the kirk , from so many gross abuses , and opposing all those who have modestly laboured for reformation . but certainly , the wrong is done to us by you , in that ye do , without warra●● of authority , obtrude upon us , and those cōmitted to our charges , the swearing of an oath , which is against our own consciences : and because of our just refusall & opposition , ye do wrong us also , in misinterpreting our pious and upright meanings , and in making and stirring up collaterall , and personall quarells against us , and threatning us therwith . thus ( if god by his special grace did not uphold us ) might we be driven , by worldly terrours , to do against the light of our own consciences . 9. the third wrong , wherwith ye charge us , and for the which ye do infinuate , that we may fear trouble , is ( as ye alleadge ) in our speaches , in publick , and private , and in our missives , &c. hereunto we answer , ●● in our former replyes , that whensoever it shall please you , to specifie these speaches , we hope to give you , and all peaceably disposed christians , full satisfaction , and to clear our selves of that imputation ; so that none shall have just reason , to work us any trouble . in the mean time , if our ing●nuity would permit us , ( as it dothnot ) to think it a decent course , to make use of hearkeners , and catchers of words , and to wait for the haulting of our brethren , some of your own speaches might be represented unto you , wherein ye would finde weaknesse . 10. as for these owtward , or externall arguments , which ye bring here , to prove your covenanting , to be the work of god , from the success of your enterprize , from the multitude of subscrivers , and from their contentment , & from their good carriage , ( which we wold wish , in many of them , to be more charitable , and peaceable , and so more christian , then it is ) we cannot acknowledge , to be a cōmentary written by the lords own hand , ( as ye pretend ) in approbation of your covenant ; unless ye first clearly show us the text or substance of your covenant , to be written in the holy scriptures , in all points therof ; especially in those points , wherin ye and we do controvert , and which only , at this time , can be pretended against us , seeing we make oppsition only in those points . and we wish heartily , that leaving these weak nots of trueth , to the papists , chief acclaimers of them , amongst christians , ( that we speak nothing of aliens from christianity ) ye would be pleased to adhere , with us into the holy scriptures , as the only sure & perfect rule of true religion , and the heavenly lamp , which god hath given us , to show us the way of trueth & peace : wherin the god of trueth and peace direct all our steps , for jesus christ our saviour , who is our peace : to him be glory for ever : amen . john forbes of corse doctor and professor of divinitie in aberdene . robert baron , doctor and professor of divinitie , and minister in aberdene . alexander scrogie , minister at old aberdene , d. d. william leslie , d. d. and principall of the kings colledge in aberdene . ja : sibbald , d. of divinitie and minister at aberdene al : rosse , d. of divinitie , and minister at aberdene . finis . notes, typically marginal, from the original text notes for div a69753-e9570 lōd . edit . ann . 1616 pag. 200. 201. xii . tabularum fragmenta de officio consulis . regio imperio duo sunto : iique praeeundo , indicando , consulendo praetores , judices , cōsules appel lantor : militiae summum jus habento , ne mini paren to . salus populi suprema lex esto . a quid ergo turbamini ? volens nunquam vos deseram , coactus repugnare nō novi . dolere potero potero slere , potero gemere ; adversus arma , milites , gothos quoque , la●rhymae mea arma sunt . talia enim munimenta sunt sacerdotis . aliter nec debeo nec possum resistere . b non ego mi vallabo circumfusione populorum . — rogamus , auguste , non pugnamus . — tradere basilicam non possum , sed repugnare non debeo . interest enim quibque causis ▪ quibusque authoribꝰ homines gerenda bella suscipiant : ordo tamen ille naturalis , mortalium pa●i accomodatus hoc poscit , ut suscipiendi belli authoritas , atqu● , consilium penes principem sit . aug. lib. 22. contra faustum , cap. 75. hugo grorius , de jure belli & pacis , l●b . 1 cap. 4. num . 6. averroe● 5. metaphys . comment . 6. see hugo grotius , de iure belli & pacis , pag. 66. where he citeth sundry anciēt authors . rivet , in his iesuita vapulans , cap. 13. ambrose in obitum val●tiniani . see doctor field in his 3. book of the church . cap. 32. altare da mascen , p. 828. and 853. re-examination of the assemblie of pearth , pag. 227. in regulis juris in sexto reg. 42. gregorie nazianz. orat. 40. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . upō these wordes , nicetas his interpreter , speaketh , thus ; baptismum suscipe quamd●u minime circum te pugnant is qui te baptismi aqua tingere parat , & qui poecuniarum tuarum haeres futurus est . ille videlicet studiose age●s atque contendens ut ea quae ad vitae exitum necessaria sunt , suppeditet , hoc est , ut te salutari aqua tingat & dominicum corpus impertiat , hic contra ut testamento haeres scribatur . consilium nicenum , can. 13. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . balsamon his wordes are , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . altare da ma●cen . p. 341. disp . against the english popish ceremonies , part. 3. cap. 1. see thē dispute against the english popish ceremonies , part . 3. cap 7. sect . 5. the late confession of helvetia , cap. 27 confession of bohem. cap. 15. english confession , art . 15. cōfession of auspurg . art . 15. art . 7. confession of wirtemberg . art 35. confession of sweveland , cap. 14. calvin . institut . lib. 4. cap. 10. §. 30. oecolampadius epist. lib. 4. pag. 818. zepperus polit. eccles. pag. 138. 142. 143. zanchius , in quartum praeceptum . melanchton , in many places . &c. see peter mart. on the 6. chap of the epistle to the rom. & gerardus , in loc theolog. tom. 4. altar . da. masc . pag. 120. disp. against the english popish ceremonies , part , 3. cap 8. digress . 1 favorabiliores rei potiꝰ quā actores ha bentur . ff . lib. 50. reg. 125. melan. in an epistle to camer . in concil . theolog. melan. in an epistle to camer . in concil . theol. pag 90. quo jure enim licebit nobis dissolvere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ecclesiasticam ? si episcopi nobis concedant illa , quae aequum esse eos concedere ? et ut liceat , certe non expedit . semper ita sensit ipse lutherus , quem nulla de causa , quidem ut video , amant , nisi quia beneficio ejus sentiunt se , episcopos excussisse & adeptos libertatem minime utilem ad posteritatem . so in an epist. ad episc. augusten . deinde velim hoc tibi persuadeas de me deque multis aliis nos optare ut pace constituta episcoporum potestas , sit incolumis . et hanc plurimum prodesse ecclesiis judicamus ▪ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 si quis cū sacra mysteria celebrantur , in sāctam ec clesiam ingrediēs , episcopo , aut clericis aut ministris aliis ecclesiae injuriam aliquam inferat : jubemus hunc verbera sustinere , & in exilium mitti . si verò haec sacra ministeria conturbaverit , aut celebrare prohibuerit : capitaliter puniatur . hoc ipso & in litaniis , in quibus episcopi , aut clerici reperiantur custodiendo . et siquidem injuriam solum fecerit , verberibus exilioque tradatur . si verò etiam litaniam concusserit , capitale periculum sustinebit : & vindicare jubemus non solum civiles , sed etiam militares judices . in his secod homilie upon these wordes salute priscil la and aquila . tom 5. edit . savil . pag , 327. aug. lib. de unico baptismo , cap. 13. o quam de testandus est error hominum , qui clarorum virorum quaedam non recte facta laudabiliter se imitari putāt â ▪ quorum virtutibus alieni sunt . euseb. lib. 5. hist. eccles. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2. sam. xi . 7. judic . vii . xxii . a thom 2a 2ae , qu. 71 art . 5. ad 3m bonavent . in 1. sent . dist . 48. art . 2. qu. 1. in resolutione . scotus in 3. sent . dist . 9. qu. unica , num 4. gregor . respons . ad 7. interrogationem au gustim cā tuariensis . in hoc enim tempo re sancta ecclesia quaedam per favorem corrigit , quaedam per mansuetudinem tolerat , quaedam per considerationem dissimulat , at que portat , vt saepe malum quod adversatur , portando & dissimulando compescat . prosper , lib. 2. de vita contemplativa , cap. 5. propter hoc ergo , blanda p●etate portandi sunt , qui increpari pro sua infirmitate non possunt . nazianz. orat. 26. tom . 1. pag 446. and 447. edit graecol . pa ris . anno. 1630. eccles. lugd. lib de tenenda veritate scripturae post mediū ( in bibl. patr. tom. 4. part. 2. edit . 4. ) qui non tranquillè & pacifice moderatur quod sentit , sed statim paratus est ad contentiones , dissentiones , & scandala , etiamsi non habeat haereticum sensum , certissime habet haereticum animum . thom. 2a 2ae qu. 43 art . 7. prop ter nullum scandalum quod sequi videatur , debet homo praetemissa veritate , falsitatem decore ▪ hieronym . apologia adversus russinum quae incipit lectis literis , prope sinem . t●libus institutus es disciplinis , ut cui respondere non potueris , caput auferas ; & linguam , quae tacere non potest seces ? nec magnopere glorieris , si facias quod scorpiones possunt facere , & cantharides . fecerunt haec & fulvia in ciceronem , & herodias in ioannem : quiae veritatem non poterant audire : & linguam veriloquam d●●riminali acu confoderunt . — adversum impiissimos celsum atque po●phyrium quanti scripsere nostrorum ? quis omissa causa , in superflua criminum objectione versatus est . the life of dr. sanderson, late bishop of lincoln written by izaak walton ; to which is added, some short tracts or cases of conscience written by the said bishop. walton, izaak, 1593-1683. 1678 approx. 425 kb of xml-encoded text transcribed from 271 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2003-01 (eebo-tcp phase 1). a67467 wing w667 estc r8226 11981472 ocm 11981472 51860 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a67467) transcribed from: (early english books online ; image set 51860) images scanned from microfilm: (early english books, 1641-1700 ; 522:16) the life of dr. sanderson, late bishop of lincoln written by izaak walton ; to which is added, some short tracts or cases of conscience written by the said bishop. walton, izaak, 1593-1683. sanderson, robert, 1587-1663. judgment concerning submission to usurpers. sanderson, robert, 1587-1663. pax ecclesiae. hooker, richard, 1553 or 4-1600. sermon of richard hooker, author of those learned books of ecclesiastical politie. sanderson, robert, 1587-1663. judgment in one view for the settlement of the church. sanderson, robert, 1587-1663. judicium universitatis oxoniensis. english. [239], 276 p. : ill. printed for richard marriot, london : 1678. first edition. reproduction of original in huntington library. bishop sanderson's judgment concerning submission to usurpers --pax ecclesiae / by the right reverend ... robert sanderson -bishop sanderson's judgment in one view for the settlement of the church -reasons of the present judgment of the university of oxford, concerning the solemn league and covenant, the negative oath, the ordinances concerning discipline and worship -a sermon of richard hooker, author of those learned books of ecclesiastical politie, found in the study of the late learned bishop andrews. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng sanderson, robert, 1587-1663. university of oxford -early works to 1800. solemn league and covenant (1643) 2000-00 tcp assigned for keying and markup 2001-00 spi global keyed and coded from proquest page images 2001-09 tcp staff (michigan) sampled and proofread 2001-09 tcp staff (michigan) text and markup reviewed and edited 2001-11 pfs batch review (qc) and xml conversion vera effigies reverendi patris roberti sanderson lincolniensis episcopi , aet . 76 the life of dr. sanderson , late bishop of lincoln . written by izaak walton . to which is added , some short tracts or cases of conscience , written by the said bishop . eccles . 3. mysteries are revealed to the meek . london , printed for richard marriott . 1678. to the right reverend , and honourable , george lord bishop of winchester , prelate of the garter , and one of his majesties privy council . my lord , if i should undertake to enumerate the many favours and advantages i have had by my very long acquaintance with your lordship , i should enter upon an imployment , that might prove as tedious , as the collecting of the materials for this poor monument , which i have erected , and do dedicate to the memory of your beloved friend dr. sanderson : but though i will not venture to do that ; yet i do remember with pleasure , and remonstrate with gratitude , that your lordship made me known to him , mr. chilingworth , and dr. hammond , men , whose merits ought never to be forgotten . my friendship with the first was begun almost forty years past , when i was as far from a thought , as a desire to out-live him ; and farther from an intention to write his life : but the wise disposer of all mens lives and actions hath prolong'd the first , and now permitted the last ; which is here dedicated to your lordship ( and as it ought to be ) with all humility , and a desire that it may remain as a publick testimony of my gratitude , my lord , your most affectionate old friend , and most humble servant , izaak walton the preface . i dare neither think , nor assure the reader , that i have committed no mistakes in this relation of the life of dr. sanderson ; but am sure , there is none that are either wilful , or very material . i confess , it was worthy the imployment of some person of more learning and greater abilities than i can pretend to ; and i have not a little wondred that none have yet been so grateful to him and posterity , as to undertake it . for it may be noted , that our saviour hath had such care , that for mary magdalens kindness to him , her name should never be forgotten : and doubtless , dr. sanderson's meek and innocent life , his great and useful learning , might therefore challenge the like indeavours to preserve his memory : and 't is to me a wonder , that it has been already fifteen years neglected . but , in saying this , my meaning is not to upbraid others ( i am far from that ) but excuse my self , or beg pardon for daring to attempt it . this being premis'd , i desire to tell the reader , that in this relation i have been so bold , as to paraphrase and say what i think he ( whom i had the happiness to know well ) would have said upon the same occasions ; and , if i have err'd in this kind , and cannot now beg pardon of him that lov'd me ; yet i do of my reader , from whom i desire the same favour . and , though my age might have procur'd me a writ of ease , and that secur'd me from all further trouble in this kind ; yet i met with such perswasions to begin , and so many willing informers since , and from them and others , such helps and incouragements to proceed , that when i found my self faint , and weary of the burthen with which i had loaden my self , and ready to lay it down ; yet time and new strength hath at last brought it to be what it now is , and presented to the reader , and with it this desire ; that he will take notice , that dr. sanderson did in his will or last sickness advertise , that after his death nothing of his might be printed ; because that might be said to be his , which indeed was not ; and also for that he might have chang'd his opinion since be first writ it . and though these reasons ought to be regarded , yet regarded so , as he resolves in that case of conscience concerning rash vows , that there may appear very good second reasons , why we may forbear to perform them . however , for his said reasons , they ought to be read as we do apocriphal scripture ; to explain , but not oblige us to so firm a belief of what is here presented as his . and i have this to say more , that as in my queries for writing dr. sanderson's life , i met with these little tracts annex'd ; so in my former queries for my information to write the life of venerable mr. hooker , i met with a sermon , which i also believe was really his , and here presented as his to the reader . it is affirm'd ( and i have met with reason to believe it ) that there be some artists , that do certainly know an original picture from a copy ; and in what age of the world , and by whom drawn : and if so , then i hope it may be as safely affirmed , that what is here presented for theirs , is so like their temper of mind , their other writings , the times when , and the occasions upon which they were writ , that all readers may safely conclude , they could be writ by none but venerable mr. hooker , and the humble and learned dr. sanderson . and lastly , i am now glad that have collected these memoirs , which lay scatter'd , and contracted them into a narrower compass ; and , if i have by the pleasant toyl of doing so , either pleas'd or profited any man , i have attain'd what i design'd when i first undertook it : but i seriously wish , both for the readers , and dr. sanderson's sake , that posterity had known his great learning and vertue by a better pen ; by such a pen , as could have made his life as immortal as his learning and merits ought to be . i. w. may the 7th . 1678. let the life of dr. sanderson , late bishop of lincoln , with the letters and tracts at the end thereof , and mr. hooker's sermon , be printed . will iane , chaplain to the right reverend father in god , henry lord bishop of london . the life of dr. robert sanderson , late lord bishop of lincoln . doctor robert sanderson , the late learned bishop of lincoln , whose life i intend to write with all truth and equal plainness , was born the nineteenth day of september , in the year of our redemption 1587. the place of his birth was rotheram in the county of york ; a town of good note , and the more for that thomas rotheram , sometime archbishop of that sea was born in it ; a man , whose great wisdom , and bounty , and sanctity of life , have made it the more memorable ; as indeed it ought also to be , for being the birth place of our robert sanderson . and the reader will be of my belief , if this humble relation of his life can hold any proportion with his great piety , his useful learning , and his many other extraordinary endowments . he was the second and youngest son of robert sanderson of gilthwait-hall in the said parish and county , esq by elizabeth one of the daughters of richard carr of buterthwate-hall , in the parish of ecclesfield in the said county of york , gentleman . this robert sanderson the father , was descended from a numerous , ancient , and honourable family of his own name : for the search of which truth , i refer my reader , that inclines to it , to dr. thoriton's history of the antiquities of nottinghamshire , and other records ; not thinking it necessary here to ingage him into a search for bare titles , which are noted to have in them nothing of reality : for titles not acquir'd , but deriv'd only , do but shew us who of our ancestors have , and how they have atchiev'd that honour which their descendants claim , and may not be worthy to enjoy . for if those titles descend to persons that degenerate into vice , and break off the continued line of learning , or valour , or that vertue that acquir'd them , they destroy the very foundation upon which that honour was built ; and all the rubbish of their vices ought to fall heavy on such dishonourable heads ; ought to fall so heavy , as to degrade them of their titles , and blast their memories with reproach and shame . but our robert sanderson lived worthy of his name and family : of which one testimony may be , that gilbert , call'd the great earl of shrewsbury , thought him not unworthy to be joyn'd with him as a god-father to gilbert sheldon , the late lord archbishop of canterbury ; to whose merits and memory posterity ( the clergy especially ) ought to pay a reverence . but i return to my intended relation of robert the son , who began in his youth to make the laws of god , and obedience to his parents , the rules of his life ; seeming even then to dedicate himself , and all his studies , to piety and vertue . and , as he was inclin'd to this by that native goodness , with which the wise disposer of all hearts had endow'd his : so this calm , this quiet and happy temper of mind ( his being mild , and averse to oppositions ) made the whole course of his life easie and grateful both to himself and others : and this blessed temper , was maintain'd and improv'd by his prudent fathers good example , and by frequent conversing with him ; and scattering short apothegms and little pleasant stories , and making useful applications of them , his son was in his infancy taught to abhor vanity and vice as monsters , and to discern the loveliness of wisdom and vertue ; and by these means , and god's concurring grace , his knowledge was so augmented , and his native goodness so confirm'd , that all became so habitual , as 't was not easie to determine whether nature or education were his teachers . and here let me tell the reader , that these early beginnings of vertue were by god's assisting grace blest with what st. paul seem'd to beg for his philippians , namely , that he that had begun a good work in them , would finish it . and almighty god did : for his whole life was so regular and innocent , that he might have said at his death ( and with truth and comfort ) what the same st. paul said after to the same philippians , when he advis'd them to walk as they had him for an example . and this goodness , of which i have spoken , seem'd to increase as his years did ; and with his goodness his learning , the foundation of which was laid in the grammer school of rotheram ( that being one of those three that were founded and liberally endow'd by the said great and good bishop of that name . ) and in this time of his being a scholar there , he was observ'd to use an unwearied diligence to attain learning , and to have a seriousness beyond his age , and with it a more than common modesty ; and to be of so calm and obliging a behaviour , that the master and whole number of scholars lov'd him , as one man. and in this love and amity he continued at that school till about the thirteenth year of his age ; at which time his father design'd to improve his grammer learning , by removing him from rotheram to one of the more noted schools of eaton or westminster : and after a years stay there , then to remove him thence to oxford . but , as he went with him , he call'd on an old friend , a minister of noted learning , and told him his intentions ; and he , after many questions with his son , receiv'd such answers from him , that he assur'd his father , his son was so perfect a grammarian , that he had laid a good foundation to build any , or all the arts upon ; and therefore advis'd him to shorten his journey , and leave him at oxford . and his father did so . his father left him there to the sole care and manage of dr. kilbie , who was then rector of lincoln colledge : and he , after some time and trial of his manners and learning , thought fit to enter him of that colledge , and after to matriculate him in the university , which he did the first of iuly 1603. but he was not chosen fellow till the third of may 1606. at which time he had taken his degree of batchelor of arts ; at the taking of which degree , his tutor told the rector , that his pupil sanderson had a metaphysical brain , and a matchless memory : and that he thought he had improv'd , or made the last so by an art of his own invention . and all the future imployments of his life prov'd that his tutor was not mistaken . i must here stop my reader , and tell him , that this dr. kilbie was a man of so great learning and wisdom , and so excellent a critick in the hebrew tongue , that he was made professor of it in this university ; and was also so perfect a grecian , that he was by king iames appointed to be one of the translators of the bible : and that this doctor and mr. sanderson had frequent discourses , and lov'd as father and son. the doctor was to ride a journey into darbyshire , and took mr. sanderson to bear him company : and they going together on a sunday with the doctor 's friend to that parish church where they then were , found the young preacher to have no more discretion , than to waste a great part of the hour allotted for his sermon in exceptions against the late translation of several words ( not expecting such a hearer as dr. kilbie ) and shew'd three reasons why a particular word should have been otherwise translated . when evening prayer was ended , the preacher was invited to the doctor 's friends house ; where , after some other conference , the doctor told him , he might have preach'd more useful doctrine , and not fill'd his auditors ears with needless exceptions against the late translation ; and for that word , for which he offered to that poor congregation three reasons , why it ought to have been translated , as he said ; he and others had considered all them , and found thirteen more considerable reasons , why it was translated as now printed : and told him , if his friend , then attending him , should prove guilty of such indiscretion , he should forfeit his favour . to which mr. sanderson said , he hop'd he should not . and the preacher was so ingenious as to say , he would not justifie himself . and so i return to oxford . in the year 1608. ( iuly the 11 th . ) mr. sanderson was compleated master of arts. i am not ignorant , that for the attaining these dignities , the time was shorter than was then , or is now required ; but either his birth , or the well performance of some extraordinary exercise , or some other merit , made him so : and the reader is requested to believe that 't was the last ; and requested to believe also , that , if i be mistaken in the time , the colledge records have mis-informed me : but i hope they have not . in that year of 1608. he was ( november the 7 th . ) by his colledge chosen reader of logick in the house , which he performed so well , that he was chosen again the sixth of november , 1609. in the year 1613. he was chosen sub-rector of the colledge , and the like for the year 1614. and chose again to the same dignity and trust for the year 1616. in all which time and imployments , his abilities and behaviour were such , as procur'd him both love and reverence from the whole society ; there being no exception against him for any faults , but a sorrow for the infirmities of his being too timorous and bashful ; both which were , god knows , so connatural , as they never left him . and i know not whether his lovers ought to wish they had ; for they prov'd so like the radical moisture in man's body , that they preserv'd the life of vertue in his soul , which by god's assisting grace never left him , till this life put on immortality . of which happy infirmities ( if they may be so call'd ) more hereafter . in the year 1614. he stood to be elected one of the proctors for the university . and 't was not to satisfie any ambition of his own , but to comply with the desire of the rector and whole society , of which he was a member ; who had not had a proctor chosen out of their colledge for the space of sixty years ( namely , not from the year 1554. unto his standing ; ) and they perswaded him , that if he would but stand for proctor , his merits were so generally known , and he so well beloved , that 't was but appearing , and he would infallibly carry it against any opposers ; and told him , that he would by that means recover a right or reputation that was seemingly dead to his colledge . by these and other like perswasions he yielded up his own reason to theirs , and appear'd to stand for proctor . but that election was carried on by so sudden and secret , and by so powerful a faction , that he mist it . which when he understood , he profest seriously to his friends , that if he were troubled at the disappointment , 't was for theirs , and not for his own sake : for he was far from any desire of such an imployment , as must be managed with charge and trouble , and was too usually rewarded with hard censures , or hatred , or both . in the year following he was earnestly perswaded by dr. kilbie and others , to renew the logick lectures which he had read some years past in his colledge : and that done , to methodize and print them , for the ease and publick good of posterity . but though he had an aversness to appear publickly in print ; yet after many serious solicitations , and some second thoughts of his own , he laid aside his modesty , and promised he would ; and he did so in that year of 1615. and the book prov'd , as his friends seem'd to prophecy , that is , of great and general use , whether we respect the art or the author . for logick may be said to be an art of right reasoning : an art that undeceives men who take falshood for truth ; enables men to pass a true judgment , and detect those fallacies which in some mens understandings usurp the place of right reason . and how great a master our author was in this art , will quickly appear from that clearness of method , argument , and demonstration , which is so conspicuous in all his other writings . he who had attained to so great a dexterity in the use of reason himself , was best qualified to prescribe rules and directions for the instruction of others . and i am the more satisfied of the excellency and usefulness of this his first publick undertaking , by hearing that most tutors in both universities teach dr. sanderson's logick to their pupils , as a foundation upon which they are to build their future studies in philosophy . and for a further confirmation of my belief , the reader may note , that since his book of logick was first printed , there has not been less than ten thousand sold : and that 't is like to continue both to discover truth , and to clear and confirm the reason of the unborn world. it will easily be believed that his former standing for a proctors place , and being disappointed , must prove much displeasing to a man of his great wisdom and modesty , and create in him an aversness to run a second hazard of his credit and content ; and yet he was assured by dr. kilbie , and the fellows of his own colledge , and most of those that had oppos'd him in the former election , that his book of logick had purchas'd for him such a belief of his learning and prudence , and his behaviour at the former election had got for him so great and so general a love , that all his former opposers repented what they had done ; and therefore perswaded him to venture to stand a second time . and upon these and other like incouragements , he did again , but not without an inward unwillingness , yield up his own reason to theirs , and promis'd to stand . and he did so ; and was the tenth of april , 1616. chosen senior proctor for the year following , mr. charles crooke of christ-church being then chosen the junior . in this year of his being proctor there happened many memorable accidents ; namely , dr. robert abbot , master of balial colledge , and regius professor of divinity ( who being elected or consecrated bishop of sarum some months before ) was solemnly conducted out of oxford towards his diocese , by the heads of all houses , and the chief of all the university . and dr. pridiaux succeeded him in the professorship , in which he continued till the year 1642. ( being then elected bishop of worcester ) and then our now proctor mr. sanderson succeeded him in the regius professorship . and in this year dr. arthur lake ( then warden of new colledge ) was advanced to the bishoprick of bath and wells : a man of whom i take my self bound in justice to say , that he made the great trust committed to him , the chief care and whole business of his life . and one testimony of this truth may be , that he sate usually with his chancellor in his consistory , and at least advis'd , if not assisted in most sentences for the punishing of such offenders as deserved church censures . and it may be noted , that after a sentence for penance was pronounced , he did very warily or never allow of any commutation for the offence , but did usually see the sentence for penance executed ; and then as usually preach'd a sermon of mortification and repentance , and so apply them to the offenders , that then stood before him , as begot in them then a devout contrition , and at least resolutions to amend their lives ; and having done that , he would take them ( though never so poor ) to dinner with him , and use them friendly , and dismiss them with his blessing , and perswasions to a vertuous life , and beg them to believe him : and his humility , and charity , and other christian excellencies were all like this . of all which the reader may inform himself in his life , truly writ and printed before his sermons . and in this year also , the very prudent and very wise lord elsmere , who was so very long lord chancellor of england , and then of oxford , resigning up the last , the right honourable , and as magnificent , william herbert earl of pembroke , was chose to succeed him . and in this year our late king charles the first ( then prince of wales ) came honourably attended to oxford ; and having deliberately visited the university , the schools , colledges , and libraries , he and his attendants were entertained with ceremonies and feasting sutable to their dignity and merirs . and this year king iames sent letters to the university for the regulating their studies ; especially of the young divines : advising they should not rely on modern sums and systemes , but study the fathers and councils , and the more primitive learning . and this advice was occasioned by the indiscreet inferences made by very many preachers out of mr. calvin's doctrine concerning predestination , vniversal redemption , the irresistibility of god's grace , and of some other knotty points depending upon these ; points which many think were not , but by interpreters forc'd to be mr. calvin's meaning ; of the truth or falshood of which , i pretend not to have an ability to judge ; my meaning in this relation being only to acquaint the reader with the occasion of the king's letter . it may be observed , that the various accidents of this year did afford our proctor large and laudable matter to relate and discourse upon : and , that though his office seem'd , according to statute and custome , to require him to do so at his leaving it ; yet he chose rather to pass them over with some very short observations , and present the governours , and his other hearers , with rules to keep up discipline and order in the university ; which at that time was either by defective statutes , or want of the due execution of those that were good , grown to be extreamly irregular . and in this year also , the magisterial part of the proctor requir'd more diligence , and was more difficult to be managed than formerly , by reason of a multiplicity of new statutes , which begot much confusion ; some of which statutes were then , and others suddenly after , put into a useful execution . and though these statutes were not then made so perfectly useful , as they were design'd , till archbishop laud's time ( who assisted in the forming and promoting them ; ) yet our present proctor made them as effectual as discretion and diligence could do : of which one example may seem worthy the noting ; namely , that if in his night-walk he met with irregular scholars absent from their colledges at university hours , or disordered by drink , or in scandalous company , he did not use his power of punishing to an extremity ; but did usually take their names , and a promise to appear before him unsent for next morning : and when they did , convinced them with such obligingness , and reason added to it , that they parted from him with such resolutions as the man after god's own heart was possess'd with , when he said , there is mercy with thee , and therefore thou shalt be feared . and by this , and a like behaviour to all men , he was so happy as to lay down this dangerous imployment , as but very few , if any have done , even without an enemy . after his speech was ended , and he retir'd with a friend into a convenient privacy ; he look'd upon his friend with a more than common chearfulness , and spake to him to this purpose . i look back upon my late imployment with some content to my self , and a great thankfulness to almighty god , that he hath made me of a temper not apt to provoke the meanest of mankind , but rather to pass by infirmities , if noted ; and in this imployment i have had ( god knows ) many occasions to do both . and when i consider how many of a contrary temper , are by sudden and small occasions transported and hurried by anger to commit such errors , as they in that passion could not foresee , and will in their more calm and deliberate thoughts upbraid , and require repentance : and consider , that though repentance secures us from the punishment of any sin , yet how much more comfortable it is to be innocent , than need pardon : and consider , that errors against men , though pardon'd both by god and them , do yet leave such anxious and upbraiding impressions in the memory , as abates of the offender's content : when i consider all this , and that god hath of his goodness given me a temper that hath prevented me from running into such enormities , i remember my temper with joy and thankfulness . and though i cannot say with david ( i wish i could ) that therefore his praise shall always be in my mouth ; yet i hope , that by his grace , and that grace seconded by my endeavours , it shall never be blotted out of my memory ; and i now beseech almighty god that it never may . and here i must look back , and mention one passage more in his proctorship , which is ; that gilbert sheldon , the late lord archbishop of canterbury , was this year sent to trinity colledge in that university ; and not long after his entrance there , a letter was sent after him from his godfather ( the father of our proctor ) to let his son know it , and commend his god-son to his acquaintance , and to more than a common care of his behaviour ; which prov'd a pleasing injunction to our proctor , who was so gladly obedient to his fathers desire , that he some few days after sent his servitor to intreat mr. sheldon to his chamber next morning . but it seems mr. sheldon having ( like a young man as he was ) run into some such irregularity as made him cautious he had transgress'd his statutes , did therefore apprehend the proctor's invitation as an introduction to punishment ; the fear of which made his bed restless that night ; but at their meeting the next morning , that fear vanished immediately by the proctor's chearful countenance , and the freedom of their discourse of friends . and let me tell my reader , that this first meeting prov'd the beginning of as spirituala friendship as human nature is capable of ; of a friendship free from all self ends : and it continued to be so , till death forc'd a separation of it on earth ; but 't is now reunited in heaven . and now , having given this account of his behaviour , and the considerable accidents in his proctorship , i proceed to tell my reader , that this busie imployment being ended , he preach'd his sermon for his degree of batchelor in divinity , in as eligant latin , and as remarkable for the matter , as hath been preach'd in that university since that day . and having well perform'd his other exercises for that degree , he took it the nine and twentieth of may following , having been ordain'd deacon and priest in the year 1611. by iohn king , then bishop of london , who had not long before been dean of christ-church , and then knew him so well , that he became his most affectionate friend . and in this year , being then about the 29th . of his age , he took from the university a licence to preach . in the year 1618. he was by sir nicholas sanderson , lord viscount castleton , presented to the rectory of wibberton , not far from boston , in the county of lincoln , a living of very good value ; but it lay in so low and wet a part of that countrey , as was inconsistent with his health . and health being ( next to a good conscience ) the greatest of god's blessings in this life , and requiring therefore of every man a care and diligence to preserve it , he , apprehending a danger of losing it if he continued at wibberton a second winter , did therefore resign it back into the hands of his worthy kinsman and patron , about one year after his donation of it to him . and about this time of his resignation he was presented to the rectory of boothby pannel in the same county of lincoln ; a town which has been made famous , and must continue to be famous , because dr. sanderson , the humble and learned dr. sanderson , was more than 40 years parson of boothby pannel , and from thence dated all , or most of his matchless writings . to this living ( which was of less value , but a purer air than wibberton ) he was presented by thomas harrington of the same county and parish , esq who was a gentleman of a very ancient family , and of great use and esteem in his countrey during his whole life . and in this boothby pannel the meek and charitable dr. sanderson and his patron liv'd with an endearing , mutual , and comfortable friendship , till the death of the last put a period to it . about the time that he was made parson of boothby pannel , he resign'd his fellowship of lincoln colledge unto the then rector and fellows : and his resignation is recorded in these words : ego robertus sanderson per , &c. i robert sanderson , fellow of the colledge of st. maries and all-saints , commonly call'd lincoln colledge , in the university of oxford , do freely and willingly resign into the hands of the rector and fellows , all the right and title that i have in the said colledge , wishing to them and their successors , all peace , and piety , and happiness , in the name of the father , and of the son , and of the holy ghost . amen . may 6. 1619 robert sanderson . and not long after this resignation , he was by the then bishop of york , or the king , sede vacante , made prebend of the collegiate church of southwell in that diocese ; and shortly after of lincoln by the bishop of that see. and being now resolv'd to set down his rest in a quiet privacy at boothby pannel , and looking back with some sadness upon his removal from his general acquaintance left in oxford , and the peculiar pleasures of a university life ; he could not but think the want of society would render this of a countrey parson the more uncomfortable , by reason of that want of conversation ; and therefore he did put on some saint purposes to marry . for he had considered , that though marriage be cumbred with more worldly care than a single life ; yet a complying and prudent wife changes those very cares into so mutual a content , as makes them become like the sufferings of st. paul , which he would not have wanted , because they occasioned his rejoycing in them . and he having well considered this , and observ'd the secret unutterable joys that children beget in parents , and the mutual pleasures and contented trouble of their daily care and constant endeavours to bring up those little images of themselves so , as to make them as happy as all those cares and endeavours can make them : he having considered all this , the hopes of such happiness turn'd his faint purpose into a positive resolution to marry . and he was so happy as to obtain anne , the daughter of henry nelson batchelor in divinity , then rector of haugham in the county of lincoln ( a man of noted worth and learning . ) and the giver of all good things was so good to him , as to give him such a wife as was sutable to his own desires ; a wife , that made his life happy by being always content when he was chearful ; that divided her joys with him , and abated of his sorrow , by bearing a part of that burthen ; a wife , that demonstrated her affection by a chearful obedience to all his desires , during the whole course of his life ; and at his death too , for she out-liv'd him . and in this boothby pannel he either found or made his parishioners peaceable , and complying with him in the decent and regular service of god. and thus his parish , his patron , and he liv'd together in a religious love , and a contented quietness . he not troubling their thoughts by preaching high and useless notions , but such plain truths as were necessary to be known , believed , and practised , in order to their salvation . and their assent to what he taught was testified by such a conformity to his doctrine , as declared they believ'd and lov'd him . for he would often say , that without the last , the most evident truths ( heard as from an enemy , or an evil liver ) either are not , or are at least the less effectual ; and do usually rather harden , than convince the hearer . and this excellent man did not think his duty discharged by only reading the church prayers , catechizing , preaching , and administring the sacraments seasonably ; but thought ( if the law or the canons may seem to injoyn no more , yet ) that god would require more than the defective laws of man's making , can or does injoyn ; the performance of that inward law , which almighty god hath imprinted in the conscience of all good christians , and inclines those whom he loves to perform . he considering this , did therefore become a law to himself , practicing what his conscience told him was his duty , in reconciling differences , and preventing law-suits , both in his parish and in the neighbourhood . to which may be added his often visiting sick and disconsolate families , perswading them to patience , and raising them from dejection and his advice and chearful discourse , and by adding his own alms , if there were any so poor as to need it ; considering how acceptable it is to almighty god , when we do as we are advis'd by st. paul , help to bear one anothers burthen , either of sorrow or want : and what a comfort it will be , when the searcher of all hearts shall call us to a strict account for that evil we have done , and the good we have omitted , to remember we have comforted and been helpful to a dejected or distressed family . and that his practice was to do good , one example may be , that he met with a poor dejected neighbour that complain'd he had taken a meadow , the rent of which was 9 l. a year ; and when the hay was made ready to be carried into his barn , several days constant rain had so raised the water , that a sudden flood carried all away , and his rich landlord would bate him no rent ; and that unless he had half abated , he and seven children were utterly undone . it may be noted , that in this age there are a sort of people so unlike the god of mercy , so void of the bowels of pity , that they love only themselves and children ; love them so , as not to be concern'd , whether the rest of mankind waste their days in sorrow or shame ; people that are curst with riches , and a mistake that nothing but riches can make them and theirs happy . but 't was not so with dr. sanderson ; for he was concern'd , and spoke comfortably to the poor dejected man ; bade him go home and pray , and not load himself with sorrow , for he would go to his landlord next morning , and if his landlord would not abate what he desired , he and a friend would pay it for him . to the landlord he went the next day ; and in a conference , the doctor presented to him the sad condition of his poor dejected tenant ; telling him how much god is pleas'd when men compassionate the poor : and told him , that though god loves sacrifice , yet he loves mercy so much better , that he is pleas'd when call'd the god of mercy . and told him , the riches he was possest of were given him by that god of mercy , who would not be pleas'd , if he that had so much given , yea , and forgiven him too , should prove like the rich steward in the gospel , that took his fellow servant by the throat to make him pay the utmost farthing . this he told him . and told him , that the law of this nation ( by which law he claims his rent ) does not undertake to make men honest or merciful ; but does what it can to restrain men from being dishonest or unmerciful , and yet was defective in both : and that taking any rent from his poor tenant , for what god suffered him not to enjoy , though the law allowed him to do so , yet if he did so , he was too like that rich steward which he had mentioned to him ; and told him that riches so gotten , and added to his great estate , would , as iob says , prove like gravel in his teeth , would in time so corrode his conscience , or become so nauseous when he lay upon his death-bed , that he would then labour to vomit it up , and not be able : and therefore advis'd him , being very rich , to make friends of his unrighteous mammon , before that evil day come upon him : but however , neither for his own sake , nor for god's sake , to take any rent of his poor dejected sad tenant , for that were to gain a temporal , and lose his eternal happiness . these and other such reasons , were urg'd with so grave and so compassionate an earnestness , that the landlord forgave his tenant the whole rent . the reader will easily believe that dr. sanderson , who was himself so meek & merciful , did suddenly and gladly carry this comfortable news to the dejected tenant ; and will believe , that at the telling of it there was a mutual rejoycing . 't was one of iob's boasts , that he had seen none perish for want of clothing : and that he had often made the heart of the widow to rejoyce . and doubtless dr. sanderson might have made the same religious boast of this , and very many like occasions . but since he did not , i rejoyce that i have this just occasion to do it for him ; and that i can tell the reader , i might tire my self and him in telling how like the whole course of dr. sanderson's life was to this which i have now related . thus he went on in an obscure and quiet privacy , doing good daily both by word and by deed , as often as any occasion offer'd it self ; yet not so obscurely , but that his very great learning , prudence , and piety were much noted and valued by the bishop of his diocese , and by most of the nobility and gentrey of that country . by the first of which he was often summon'd to preach many visitation sermons , and by the latter at many assizes . which sermons , though they were much esteemed by them that procur'd and were fit to judge them ; yet they were the less valued , because he read them , which he was forc'd to do ; for though he had an extraordinary memory ( even the art of it ) yet he had such an inmate , invincible fear and bashfulness , that his memory was wholly useless , as to the repetition of his sermons as he had writ them , which gave occasion to say , when they were first printed and expos'd to censure ( which was in the year 1632 ) that the best sermons that were ever read , were never preach'd . in this contented obscurity he continued , till the learned and good archbishop laud , who knew him well in oxford ( for he was his contemporary there told the king ( 't was the knowing and conscientious king charles the i. ) that there was one mr. sanderson , an obscure countrey minister , that was of such sincerity , and so excellent in all casuistical learning , that he desir'd his majesty would make him his chaplain . the king granted it most willingly , & gave the bishop charge to hasten it , for he long'd , to discourse with a man that had dedicated his studies to that useful part of learning . the bishop forgot not the king's desire , and mr. sanderson was made his chaplain in ordinary in november following , 1631. and when they became known to each other , the king did put many cases of conscience to him , and receiv'd from him such deliberate , safe , and clear solutions , as gave him great content in conversing with him : so that at the end of his months attendance , the king told him , he should long for the next november ; for he resolv'd to have a more inward acquaintance with him , when that month and he return'd . and when the month and he did return , the good king was never absent from his sermons , and would usually say , i carry my ears to hear other preachers , but i carry my conscience to hear mr. sanderson , and to act accordingly . and this ought not to be conceal'd from posterity , that the king thought what he spake : for he took him to be his adviser in that quiet part of his life , and he prov'd to be his comforter in those days of his affliction , when he apprehended himself to be in danger of death or deposing . of which more hereafter . in the first parliament of this good king ( which was 1625. ) he was chosen to be a clerk of the convocation for the diocese of lincoln , which i here mention , because about that time did arise many disputes about predestination , and the many critical points that depend upon , or are interwoven in it ; occasioned , as was said , by a disquisition of new principles of mr. calvin's ( though others say they were before his time . ) but of these dr. sanderson then drew up for his own satisfaction such a scheme ( he call'd it pax ecclesia ) as then gave himself , and hath since given others such satisfaction , that it still remains to be of great estimation among the most learned . he was also chosen clerk of all the convocations during that good kings reign . which i here tell my reader , because i shall hereafter have occasion to mention that convocation in 1640. the unhappy long parliament , and some debates of the predestination points , as they have been since charitably handled betwixt him , the learned dr. hammond , and dr. pierce , the now reverend dean of salisbury . in the year 1636. his majesty then in his progress took a fair occasion to visit oxford , and to take an entertainment for two days for himself and honourable attendants , which the reader ought to believe was sutable to their dignities : but this is mentioned , because at the king 's coming thither dr. sanderson did attend him , and was then ( the 31 of august ) created doctor of divinity ; which honour had an addition to it , by having many of the nobility of this nation then made doctors and masters of art with him : some of whose names shall be recorded and live with his ( and none shall out-live it . ) first dr. curle and dr. wren , who were then bishops of winton and of norwich ( and had formerly taken their degrees in cambridge ) were with him created doctors of divinity in his university . so was merick the son of the learned izaak causabon ; and prince rupert ( who still lives ) the then duke of lenox , earl of hereford , earl of essex , of barkshire , and very many others of noble birth ( too many to be named ) were then created masters of arts. some years before the unhappy long parliament , this nation being then happy and in peace ( though inwardly sick of being well ) namely in the year 1639. a discontented party of the scots church were zealously restless for another reformation of their kirk government ; and to that end created a new covenant , for the general taking of which they pretended to petition the king for his assent , and that he would injoyn the taking of it by all of that nation : but this petition was not to be presenred to him by a committee of eight or ten men of their fraternity , but by so many thousands , and they so arm'd , as seem'd to force an assent to what they seem'd to request ; so that though forbidden by the king , yet they entred england , and in their heat of zeal took and plunder'd new-castle , where the king was forc'd to meet them with an army ; but upon a treaty and some concessions , he sent them back ( though not so rich as they intended , yet ) for that time without blood-shed : but oh , this peace and this covenant were but the forerunners of war and the many miseries that followed : for in the year following there were so many chosen into the long parliament , that were of a conjunct council with these very zealous , and as factious reformes , as begot such a confusion by the several desires and designs in many of the members of that parliament , and at last in the very common people of this nation , that they were so lost by contrary designs , fears and confusions , as to believe the scots and their covenant would restore them to their former tranquillity . and to that end the presbyterian party of this nation did again , in the year 1643. invite the scotch covenanters back into england : and hither they came marching with it gloriously upon their pikes , and in their hats , with this motto , for the crown and covenant of both kingdoms . this i saw , and suffer'd by it . but when i look back upon the ruine of families , the bloodshed , the decay of common honesty , and how the former piety and plain dealing of this now sinful nation is turned into cruelty and cunning , i praise god that he prevented me from being of that party which help'd to bring in this covenant , and those sad confusions that have follow'd it , and i have been the bolder to say this of my self , because in a sad discourse with dr. sanderson i heard him make the like grateful acknowledgement . this digression is intended for the better information of the reader in what will follow concerning dr. sanderson . and first , that the covenanters of this nation , and their party in parliament , made many exceptions against the common prayer and ceremonies of the church , and seem'd restless for a reformation : and though their desires seem'd not reasonable to the king and the learned dr. laud , then archbishop of canterbury ; yet to quiet their consciences , and prevent future confusion , they did in the year 1641. desire dr. sanderson to call two more of the convocation to advise with him , and that he would then draw up some such safe alterations as he thought fit in the service book , and abate some of the ceremonies that were least material , for satisfying their consciences ; and to this end they did meet together privately twice a week at the dean of westminster's house ( for the space of 3 months or more . ) but not long after that time , when dr. sanderson had made the reformation ready for a view , the church and state were both fall'n into such a confusion , that dr. sanderson's model for reformation became then useless . nevertheless , his reputation was such , that he was in the year 1642. propos'd by both houses of parliament to the king then in oxford , to be one of their trustees for the settling of church affairs , and was allowed of by the king to be so ; but that treaty came to nothing . in the year 1643. the 2 houses of parliament took upon them to make an ordinance , and call an assembly of divines , to debate and settle some church controversies ( of which many were very unfit to judges : ) in which dr. sanderson was also named ; but did not appear , i suppose for the same reason that many other worthy and learned men did forbear , the summons wanting the king's authority . and here i must look back and tell the reader , that in the year 1642. he was ( iuly 21. ) named by a more undoubted authority to a more noble imployment , which was to be professor regius of divinity in oxford ; but though knowledge be said to puff up , yet his modesty and too mean an opinion of his great abilities , and some other real or pretended reasons ( exprest in his speech , when he first appeared in the chair , and since printed ) kept him from entring into it till octobor 1646. he did for about a years time continue to read his matchless lectures , which were first de iuramento , a point very difficult , and at that time very dangerous to be handled as it ought to be . but this learned man , as he was eminently furnished with abilities to satisfie the consciences of men upon that important subject ; so he wanted not courage to assert the true obligation of oaths in a degenerate age , when men had made perjury a main part of their religion . how much the learned world stands obliged to him for these and his following lectures de conscientia , i shall not attempt to declare , as being very sensible , that the best pens must needs fall short in the commendation of them : so that i shall only add , that they continue to this day , and will do for ever , as a compleat standard for the resolution of the most material doubts in casuistical divinity . and therefore i proceed to tell the reader , that about the time of his reading those lectures ( the king being then prisoner in the isle of wight ) the parliament had sent the covenant , the negative oath , and i know not what more , to be taken by the doctor of the chair , and all heads of houses : and all other inferiour scholars of what degree soever , were all to take these oaths by a sixed day , and those that did not , to abandon their colledge and the university too , within 24 hours after the beating of a drum ; for if they remain'd longer , they were to be proceeded against as spies . dr. laud then archbishop of canterbury , the earl of strafford , and many others , had been formerly murthered by this wicked parliament , but the king yet was not ; and the university had yet some faint hopes that in a treaty then in being , or pretended to be suddenly , there might be such an agreement made between king and parliament , that the dissenters in the university might both preserve their consciences and subsistance which they then enjoyed by their colledges . and being possess'd of this mistaken hope , that the parliament were not yet grown so merciless as not to allow manifest reason for their not submitting to the enjoyn'd oaths , the university appointed twenty delegates to meet , consider , and draw up a manifesto to the parliament , why they could not take those oaths but by violation of their consciences : and of these delegates dr. sheldon ( late archbishop of canterbury dr. hammond , dr. sanderson , dr. morley ( now bishop of winchester ) and that most honest , and as judicious civil lawyer , dr. zouch , were a part , the rest i cannot now name ; but the whole number of the delegates requested dr. zouch to draw up the law part , and give it to dr. sanderson , and he was requested to methodize and add what referr'd to reason and conscience , and put it into form : he yielded to their desires , and did so . and then after they had been read in a full convocation , and allow'd of , they were printed in latin , that the parliaments proceedings and the universities sufferings might he manifested to all nations ; and the imposers of these oaths might repent , or answer them : but they were past the first ; and for the latter , i might swear they neither can , nor ever will. and these reasons were also suddenly turn'd into english by dr. sanderson , that those of these three kingdoms might the better judge of the loyal parties sufferings . about this time the independants ( who were then grown to be the most powerful part of the army ) had taken the king from a close to a more large imprisonment , and by their own pretences to liberty of conscience , were obliged to allow somewhat of that to the king , who had in the year 1646. sent for dr. sanderson dr. hammond , dr. sheldon ( the late archbishop of canterbury ) and dr. morley ( the now bishop of winchester ) to attend him , in order to advise with them , how far he might with a good conscience comply with the proposals of the parliament for a peace in church and state ; but these having been then denied him by the presbyterian parliament , were now allow'd him by those in present power . and as those other divines , so dr. sanderson gave his attendance on his majesty also in the isle of wight , preach'd there before him , and had in that attendance many , both publick and private conferences with him , to his majesties great satisfaction . at which time he desir'd dr. sanderson , that being the parliament had propos'd to him the abolishing of episcopal government in the church , as inconsistent with monarchy , that he would consider of it , and declare his judgment : he undertook to do so , and did it ; but it might not be printed till our king 's happy restoration , and then it was . and at dr. sanderson's taking his leave of his majesty in this last attendance on him , the king requested him to betake himself to the writing cases of conscience for the good of posterity . to which his answer was , that he was now grown old , and unfit to write cases of conscience . but the king was so bold with him , as to say , it was the simplest answer be ever heard from dr. sanderson ; for no young man was fit to be a judge , or write cases of conscience . and let me here take occasion to tell the reader this truth , not commonly known , that in one of these conferences this conscientious king told dr. sanderson , or one of them that then waited with him , that the remembrance of two erro●● did much afflict him , which were , his assent to the earl of strafford's death , and the abolishing episcopacy in scotland ; and that if god ever restored him to be in a peaceable possession of his crown , he would demonstrate his repentance by a publick confession and a voluntary penance ( i think barefoot ) from the tower of london , or whitehall , to st. paul's church , and desire the people to intercede with god for his pardon . i am sure one of them told it me , lives still , and will witness it . and it ought to be observ'd , that dr. sanderson's lectures de juramento were so approv'd and valu'd by the king , that in this time of his imprisonment and solitude , he translated them into exact english , desiring dr. iuxson ( then bishop of london ) dr. hammond , and sir thomas herbert ( who then attended him ) to compare them with the original . the last still lives , and has declared it , with some other of that king's excellencies , in a letter under his own hand , which was lately shew'd me by sir william dugdale , king at arms. the book was design'd to be put into the king's library at st iames's , but i doubt not now to be found there . i thought the honour of the author and the translator to be both so much concern'd in this relation , that it ought not to be conceal'd from the reader , and 't is therefore here inserted . i now return to dr. sanderson in the chair in oxford , where they that comply'd not in taking the covenant , negative oath , and parliament ordinance for church discipline and worship , were under a sad and daily apprehension of expulsion ; for the visiters were daily expected , and both city and university full of souldiers , and a party of presbyterian divines , that were as greedy and ready to possess , as the ignorant and ill-natur'd visiters were to eject the dissenters out of their colledges and livelyhoods : but notwithstanding dr. sanderson did still continue to read his lecture , and did to the very faces of those presbyterian divines and souldiers , read with so much reason , and with a calm fortitude make such applications , as if they were not , they ought to have been asham'd , and beg'd pardon of god and him , and forborn to do what follow'd . but these thriving sinners were hardned ; and as the visiters expel'd the orthodox , they , without scruple or shame , possest themselves of their colledges ; so that with the rest , dr. sanderson was ( in iune 1648. ) forc'd to pack up and be gone , and thank god he was not imprison'd , as dr. sheldon , dr. hammond , and others then were . i must now again look back to oxford , and tell my reader , that the year before this expulsion , when the university had deny'd this subscription , & apprehended the danger of that visitation which followed , they sent dr. morley , then canon of christ-church ( now lord bishop of winchester ) and others , to petition the parliament for recalling the injunction , or a mitigation of it , or accept of their reasons why they could not take the oaths injoyn'd them ; and the petition was by parliament referr'd to a committee to hear and report the reasons to the house , and a day set for hearing them . this done , dr. morley and the rest went to inform and fee counsel , to plead their cause on the day appointed : but there had been so many committed for pleading , that none durst undertake it ; for at this time the priviledges of that parliament were become a noli me tangere , as sacred and useful to them , as traditions ever were , or are now to the church of rome , their number must never be known , and therefore not without danger to be meddled with . for which reason dr. morley was forc'd , for want of counsel , to plead the universities reasons for not complyance with the parliaments injunctions ; and though this was done with great reason , and a boldness equal to the justice of his cause ; yet the effect of it was , but that he and the rest appearing with him were so fortunate , as to return to oxford without commitment . this was some few days before the visiters and more soldiers were sent down to drive the dissenters out of the university . and one that was at this time of dr. morley's pleading a powerful man in the parliament , and of that committee , observing dr. morley's behaviour and reason , and inquiring of him , and hearing a good report of his morals , was therefore willing to afford him a peculiar favour ; and that he might express it , sent for me that relate this story , and knew dr. morley well , and told me , he had such a love for dr. morley , that knowing he would not take the oaths , and must therefore be ejected his colledge , and leave oxford , he desired i would therefore write to him to ride out of oxford when the visiters came into it , and not return till they left it , and he should be sure then to return in safety ; and that he should without taking any oath or other molestation , enjoy his canons place in his colledge . i did receive this intended kindness with a sudden gladness , because i was sure the party had a power , and as sure he meant to perform it , and did therefore write the doctor word ; and his answer was , that i must not fail to return my friend ( who still lives ) his humble and undissembled thanks , though he could not accept of his intended kindness ; for when the dean , dr. gardner , dr. paine , dr. hammond , dr. sanderson , and all the rest of the colledge , were turn'd out , except dr. wall , he should take it to be , if not a sin , yet a shame to be left behind with him only . dr. wall i knew , and will speak nothing of him , for he is dead . it may be easily imagined , with what a joyful willingness these self-loving reformers took possession of all vacant preferments , and with what reluctance others parted with their beloved colledges and subsistance : but their consciences were dearer than their subsistance , and out they went ; the reformers possessing them without shame or scruple , where i will leave these scruple-mongers , and make an account of the then present affairs of london , to be the next imployment of my readers patience . and in london all the bishops houses were turn'd to be prisons , and they fill'd with divines , that would not take the covenant , or forbear reading common prayer , or that were accus'd for some faults like these . for it may be noted , that about this time the parliament set out a proclamation to incourage all lay-men that had occasion to complain of their ministers for being troublesome or scandalous , or that conformed not to orders of parliament , to make their complaint to a committee for that purpose ; and the minister , though 100 miles from london , should appear there and give satisfaction , or be sequestred ; ( and you may be sure no parish could want a covetous , or malicious , or cross-grain'd complainant : ) by which means all prisons in london , and in some other places , became the sad habitations of conforming divines . and about this time the bishop of canterbury having been by an unknown law condemned to die , and the execution suspended for some days , many of the malicious citizens fearing his pardon , shut up their shops , professing not to open them till justice was executed . this malice and madness is scarce credible , but i saw it . the bishops had been voted out of the house of parliament , & some upon that occasion sent to the tower , which made many covenanters rejoyce , and believe mr. brightman ( who probably was a a good and well meaning man ) to be inspir'd in this comment on the apocalyps , an abridgment of which was now printed , and cal'd mr. brightman 's revelation of the revelation . and though he was grosly mistaken in other things , yet ; because he had made the churches of geneva and scotland , which had no bishops , to be philadelphia in the apocalyps , the angel that god loved ; and the power of prelacy to be antichrist , the evil angel , which the house of commons had now so spued up , as never to recover their dignity : therefore did those covenanters approve and applaud mr. brightman for discovering and foretelling the bishops downfall ; so that they both rail'd at them , and rejoyc'd to buy good pennyworths of their land , which their friends of the house of commons , did afford them as a reward of their diligent assistance to pull them down . and the bishops power being now vacated , the common people were made so happy , as every parish might choose their own minister , and tell him when he did , and when he did not preach true doctrine : and by this and like means several churches had several teachers , that pray'd and preach'd for and against one another ; and ingag'd their hearers to contend furiously for truths which they understood not ; some of which i shall mention in the discourse that follows . i have heard of two men that in their discourse undertook to give a character of a third person ; and one concluded he was a very honest man , for he was beholding to him ; and the other that he was not , for he was not beholden to him . and something like this was in the designs both of the covenanters and independants ( the last of which were now grown both as numerous and as powerful as the former : ) for though they differed much in many principles , and preach'd against each other , one making it a sign of being in the state of grace , if we were but zealous for the covenant : and the other , that we ought to buy and sell by a measure , and to allow the same liberty of conscience to others , which we by scripture claim to our selves ; and therefore not to force any to swear the covenant contrary to their consciences , and loose both their livings and liberties too . though these differed thus in their conclusions , yet they both agreed in their practice to preach down common prayer , and get into the best sequestred livings ; and whatever became of the true owners , their wives and children , yet to continue in them without the least scruple of conscience . they also made other strange observations of election , reprobation , and free-will , and the other points dependent upon these ; such as the wisest of the common people were not fit to judge of : i am sure i am not ; though i must mention some of them historically in a more proper place , when i have brought my reader with me to dr. sanderson at boothby pannel . and in the way thither i must tell him , that a very covenanter and a scot too , that came into england with this unhappy covenant , was got into a good sequestred living by the help of a presbyterian parish , which had got the true owner out . and this scotch presbyterian being well settled in this good living , began to reform the church-yard , by cutting down a large ewe tree , and some other trees that were an ornament to the place , and very often a shelter to the parishioners ; who excepting against him for so doing , were answered , that the trees were his , and 't was lawful for every man to use his own as he , and not as they thought fit . i have hear'd ( but do not affirm it ) that no action lies against him that is so wicked as to steal the winding sheet of a dead body after 't is buried ; and have heard the reason to be , because none were supposed to be so void of humanity , and that such a law would vilifie that nation that would but suppose so vile a man to be born in it : nor would one suppose any man to do what this covenanter did . and whether there were any law against , him i know not ; but pity the parish the less for turning out their legal minister . we have now overtaken dr. sanderson at boothby parish , where he hop'd to have enjoy'd himself , though in a poor , yet in a quiet and desir'd privacy ; but it prov'd otherwise : for all corners of the nation were fill'd with covenanters , confusion , comittee-men and soldiers , serving each other to their several ends , of revenge , or power , or profit ; and these committee-men and soldiers were most of them so possest with this covenant , that they became like those that were infected with that dreadful plague of athens ; the plague of which plague was , that they by it became maliciously restless to get into company , and to joy ( so the historian * saith ) when they had infected others , even those of their most beloved or nearest friends or relations ; and though there might be some of these covenanters that were beguil'd , and meant well ; yet such were the generality of them , and temper of the times , that you may be sure dr. sanderson , who though quiet and harmless , yet an eminent dissenter from them , could not live peaceably ; nor did he : for the soldiers would appear , and visibly disturb him in the church when he read prayers , pretending to advise him how god was to be serv'd most acceptably : which he not approving , but continuing to observe order and decent behaviour in reading the church service , they forc'd his book from him , and tore it , expecting extemporary prayers . at this time he was advis'd by a parliament man of power and note , that lov'd and valued him much , not to be strict in reading all the common prayer , but make some little variation , especially if the soldiers came to watch him ; for then it might not be in the power of him and his other friends to secure him from taking the covenant , or sequestration : for which reasons he did vary somewhat from the strict rules of the rubrick . i will set down the very words of confession which he us'd , as i have it under his own hand ; and tell the reader that all his other variations were as little , & much like to this . his confession . o almighty god and merciful father , we thy unworthy servants do with shame and sorrow confess , that we have all our life long gone astray out of thy ways like lost sheep ; and that by following too much the vain devices and desires of our own hearts , we have grievously offended against thy holy laws both in thought , word and deed ; we have many times left undone those good duties , which we might and ought to have done ; and we have many times done those evils , when we might have avoided them , which we ought not to have done . we confess , o lord , that there is no health at all , nor help in any creature to relieve us ; but all our hope is in thy mercy , whose justice we have by our sins so far provoked : have mercy therefore upon us , o lord , have mercy upon us miserable offenders : spare us good god , who confess our faults , that we perish not ; but according to thy gracious promises declared unto mankind in christ iesus our lord , restore us upon our true repentance into thy grace and favour . and grant , o most merciful father , for his sake , that we henceforth study to serve and please thee by leading a godly , righteous , and a sober life , to the glory of thy holy name , and the eternal comfort of our own souls , through iesus christ our lord. amen . in these disturbances of tearing his service book , a neighbour came on a sunday , after the evening service was ended , to visit and condole with him for the affront offered by the soldiers . to whom he spake with a composed patience , and said ; god hath restored me to my desir'd privacy , with my wife and children , where i hop'd to have met with quietness , and it proves not so ; but i will labour to be pleas'd , because god , on whom i depend , sees 't is not fit for me to be quiet . i praise him , that he hath by his grace prevented me from making shipwrack of a good conscience to maintain me in a place of great reputation and profit : and though my condition be such , that i need the last ; yet i submit , for god did not send me into this world to do my own , but suffer his will , and i will obey it . thus by a sublime depending on his wise , and powerful , and pitiful creator , he did chearfully submit to what god had appointed , justifying the truth of that doctrine which he had preach'd . about this time that excellent book of the king's meditations in his solitude was printed , and made publick : and dr. sanderson was such a lover of the author , and so desirous that the whole world should see the character of him in that book , and something of the cause for which they suffer'd , that he design'd to turn it into latin : but when he had done half of it most excellently , his friend dr. earle prevented him , by appearing to have done the whole very well before him . about this time his dear and most intimate friend , the learned dr. hammond , came to enjoy a conversation and rest with him for some days , and did so . and having formerly perswaded him to trust his excellent memory , and not read , but try to speak a sermon as he had writ it . dr. sanderson became so complyant as to promise he would . and to that end they two went early the sunday following to a neighbour minister , and requested to exchange a sermon ; and they did so . and at dr. sanderson's going into the pulpit , he gave his sermon ( which was a very short one ) into the hand of dr. hammond , intending to preach it as 't was writ ; but before he had preach'd a third part , dr. hammond ( looking on his sermon as written ) observed him to be out , and so lost as to the matter , that he also became afraid for him ; for 't was discernable to many of the plain auditory : but when he had ended this short sermon , as they two walk'd homeward , dr. sanderson said with much earnestness , good doctor give me my sermon , and know , that neither you , nor any man living shall ever perswade me to preach again without my books . to which the reply was , good doctor be not angry ; for if i ever perswade you to preach again without book , i will give you leave to burn all those that i am master of . part of the occasion of dr. hammond's visit was at this time , to discourse dr. sanderson about some opinions , in which , if they did not then , they had doubtless differed formerly ; 't was about those knotty points , which are by the learned call'd the quinquarticular controversie ; of which i shall proceed , not to give any judgment ( i pretend not to that ) but some short historical account which shall follow . there had been , since the unhappy covenant was brought , and so generally taken in england , a liberty given or taken by many preachers ( those of london especially ) to preach and be too positive in the points of vniversal redemption , predestination , and those other depending upon these . some of which preach'd , that all men were , before they came into this world , so predestinated to salvation or damnation , that 't was not in their power to sin so , as to lose the first , nor by their most diligent endeavour to avoid the latter . others , that 't was not so ; because then god could not be said to grieve for the death of a sinner , when he himself had made him so by an inevitable decree , before he had so much as a being in this world ; affirming therefore , that man had some power left him to do the will of god , because he was advised to work out his salvation with fear and trembling ; maintaining , that 't is most certain , every man can do what he can to be saved ; and that he that does what he can to be saved , shall never be damned : and yet many that affirmed this , would confess , that that grace , which is but a perswasive offer , and left to us to receive or refuse , is not that grace which shall bring men to heaven . which truths , or untruths , or both , be they which they will , did upon these or the like occasions come to be searched into , and charitably debated betwixt dr. sanderson , dr. hammond , and dr. pierce ( the now reverend dean of salisbury ) of which i shall proceed to give some account , but briefly . in the year 1648. the 52 london ministers ( then a fraternity of ston colledge in that city ) had in a printed declaration aspers'd dr. hammond most heinously , for that he had in his practical catechism affirm'd , that our saviour died for the sins of all mankind . to jnstifie which truth , he presently makes a charitable reply ( as 't is now printed in his works . ) after which there were many letters past betwixt the said dr. hammond , dr. sanderson , and dr. pierce , concerning god's grace and decrees . dr. sanderson was with much unwillingness drawn into this debate ; for he declared it would prove uneasie to him , who in his judgment of god's decrees differ'd with dr. hammond ( whom he reverenced and loved dearly ) and would not therefore ingage him into a controversie , of which he could never hope to see an end : but they did all enter into a charitable disquisition of these said points in several letters , to the full satisfaction of the learned ; those betwixt dr. sanderson and dr. hammond being printed in his works ; and for what past betwixt him and the learned dr. pierce , i refer my reader to a letter annext to the end of this relation . i think the judgment of dr. sanderson was by these debates altered from what it was at his entrance into them ; for in the year 1632. when his excellent sermons were first printed in 4o. the reader may on the margent find some accusation of arminius for false doctrine ; and find , that upon a review and reprinting those sermons in folio in the year 1657. that accusation of arminius is omitted . and the change of his judgment seems more fully to appear in his said letter to dr. pierce . and let me now tell the reader , which may seem to be perplex'd with these several affirmations of god's decrees before mentioned , that dr. hammond , in a postscript to the last letter of dr. sanderson's , says , god can reconcile his own contradictions , and therefore advises all men , as the apostle does , to study mortification , and be wise to sobriety . and let me add further , that if these 52 ministers of sion colledge were the occasion of the debates in these letters ; they have , i think , been the occasion of giving an end to the quinquarticular controversie , for none have since undertaken to say more ; but seem to be so wise , as to be content to be ignorant of the rest , till they come to that place , where the secrets of all hearts shall be laid open . and let me here tell the reader also , that if the rest of mankind would , as dr. sanderson , not conceal their alteration of judgment , but confess it to the honour of god and themselves , then our nation would become freer from pertinacious disputes , and fuller of recantations . i cannot lead my reader to dr. hammond and dr. sanderson where we left them at boothby pannel , till i have look'd back to the long parliament , the society of covenanters in sion colledge , and those others scattered up and down in london , and given some account of their proceedings and usage of the late learned dr. laud , then archbishop of canterbury . and though i will forbear to mention the injustice of his death , and the barbarous usage of him , both then and before it ; yet my desire is , that what follows may be noted , because it does now , or may hereafter concern us , namely , that in his last sad sermon on the scaffold at his death , he having freely pardoned all his enemies , and humbly begg'd of god to pardon them , and besought those present to pardon and pray for him ; yet he seem'd to accuse the magistrates of the city , for suffering a sort of wretched people , that could not known why he was condemned , to go visibly up and down to gather hands to a petition , that the parliament would hasten his execution . and having declar'd how unjustly he thought himself to be condemned , and accus'd for endeavouring to bring in popery ( for that was one of the accusations for which he died ) he declar'd with sadness , that the several sects and divisions then in england ( which he had laboured to prevent ) were like to bring the pope a far greater harvest , than he could ever have expected without them . and said , these sects and divisions introduce prophaneness under the cloak of an imaginary religion ; and that we have lost the substance of religion by changing it into opinion ; and that by these means this church , which all the iesuits machinations could not ruine , was fall'n into apparent danger by those which were his accusers . to this purpose he spoke at his death : for this , & more of which , the reader may view his last sad sermon on the scaffold . and 't is here mentioned , because his dear friend dr. sanderson seems to demonstrate the same in his two large and remarkable prefaces before his two volumes of sermons ; and seems also with much sorrow to say the same again in his last will , made when he apprehended himself to be very near his death . and these covenanters ought to take notice of it , and to remember , that by the late wicked war began by them , dr. sanderson was ejected out of the professors chair in oxford ; and that if he had continued in it ( for he lived 14 years after ) both the learned of this and other nations , had been made happy by many remarkable cases of conscience , so rationally stated , and so briefly , so clearly , and so convincingly determin'd , that posterity might have joyed and boasted , that dr. sanderson was born in this nation , for the ease and benefit of all the learned that shall be born after him : but this benefit is so like time past , that they are both irrecoverably lost . i should now return to boothby pannel where we left dr. hammond and dr. sanderson together , but neither can be found there . for the first was in his journey to london , and the second seiz'd upon the day after his friends departure , and carried prisoner to lincoln , then a garison of the parliaments . for the pretended reason of which commitment , i shall give this following account . there was one mr. clarke , the minister of alington , a town not many miles from boothby pannel , who was an active man for the parliament and covenant ; one that , when belvoire castle ( then a garison for the parliament ) was taken by a party of the king's soldiers , was taken in it , & made a prisoner of war in newark , then a garison of the kings ; a man so active and useful for his party , that they became so much concern'd for his inlargement , that the committee of lincoln sent a troop of horse to seize and bring dr. sanderson a prisoner to that garison ; and they did so . and there he had the happiness to meet with many , that knew him so well as to treat him kindly ; but told him , he must continue their prisoner , till he should purchase his own inlargement by procuring an exchange for mr. clarke then prisoner in the king's garison of newark . there were many reasons given by the doctor of the injustice of his imprisonment , and the inequality of the exchange , but all were uneffectual : for done it must be , or he continue a prisoner . and in time done it was upon the following conditions . first , that dr. sanderson and mr. clarke being exchanged , should live undisturb'd at their own parishes ; and of either were injur'd by the soldiers of the contrary party , the other having notice of it , should procure him a redress , by having satisfaction made for his loss , or for any other injury ; or if not , he to be us'd in the same kind by the other party . nevertheless , dr. sanderson could neither live safe , nor quietly , being several times plundered , and once wounded in three places ; but he , apprehending the remedy might turn to a more intolerable burthen by impatience or complying , forbore both ; and possess'd his soul in a contented quietness , without the least repining . but though he could not enjoy the safety he expected by this exchange , yet by his providence that can bring good out of evil , it turn'd so much to his advantage , that whereas his living had been sequestred from the year 1644. and continued to be so till this time of his imprisonment , he , by the articles of war in this exchange for mr. clarke , procur'd his sequestration to be recall'd , and by that means injoy'd a poor but contented subsistence for himself , wife , and children , till the happy restoration of our king and church . in this time of his poor , but contented privacy of life , his casuistical learning , peaceful moderation and sincerity , became so remarkable , that there were many that apply'd themselves to him for resolution in cases of conscience ; some known to him , many not ; some requiring satisfaction by conference , others by letters ; so many , that his life became almost as restless as their minds ; yet he denied no man : and if it be a truth which holy mr. herbert says , that all worldly joys seem less , when compared with shewing mercy or doing kindnesses ; then doubtless dr. sanderson might have boasted for relieving so many restless and wounded consciences ; which , as solomon says , are a burthen that none can bear , though their fortitude may sustain their other infirmities : and if words cannot express the joy of a conscience relieved from such restless agonies ; then dr. sanderson might rejoyce , that so many were by him so clearly and conscientiously satisfied ; for he denied none , and would often praise god for that ability , and as often for the occasion , and that god had inclin'd his heart to do it , to the meanest of any of those poor , but precious souls , for which his saviour vouchsafed to be crucified . some of those very many cases that were resolved by letters , have been preserv'd and printed for the benefit of posterity ; as namely , 1. of the sabbath . 2. marrying with a recusant . 3. of unlawful love. 4. of a military life . 5. of scandal . 6. of a bond taken in the king's name . 7. of the ingagement . 8. of a rash vow . but many more remain in private hands , of which one is of symony ; and i wish the world might see it , that it might undeceive some patrons , who think they have discharg'd that great and dangerous trust , both to god and man , if they take no money for a living , though it may be parted with for other ends less justifiable . and in this time of his retirement , when the common people were amaz'd & grown giddy by the many falshoods and misapplications of truths frequently vented in sermons ; when they wrested the scripture by challenging god to be of their party , and call'd upon him in their prayers to patronize their sacriledge & zealous frenzies , in this time he did so compassionate the generality of this misled nation , that though the times threatned danger , yet he then hazarded his safety by writing the large and bold preface now extant before his last 20 sermons ( first printed in the year 1655. ) in which there was such strength of reason , with so powerful and clear convincing applications made to the non-conformists , as being read by one of those dissenting brethren , who was possess'd with such a spirit of contradiction , as being neither able to defend his error , nor yield to truth manifest ( his conscience having slept long and quietly in a good sequestred living ) was yet at the reading of it so awakened , that after a conflict with the reason he had met , and the dammage he was to sustain if he consented to it ( and being still unwilling to be so convinced , as to lose by being over-reason'd ) he went in haste to the bookseller of whom 't was bought , threatned him , and told him in anger , he had sold a book in which there was false divinity ; and that the preface had upbraided the parliament , and many godly ministers of that party for unjust dealing . to which his reply was ( 't was tim. garthwaite ) that 't was not his trade to judge of true or false divinity , but to print and sell books ; and yet if he , or any friend of his would write an answer to it , and own it by setting his name to it , he would print the answer , and promote the selling of it . about the time of his printing this excellent preface , i met him accidentally in london in sad-coloured clothes , and god knows , far from being costly : the place of our meeting was near to little britain , where he had been to buy a book , which he then had in his hand ; we had no inclination to part presently ; and therefore turn'd to stand in a corner under a penthouse ( for it began to rain ) and immediately the wind rose , and the rain increased so much , that both became so inconvenient , as to force us into a cleanly house , where we had bread , cheese , ale , & a fire for our money . this rain and wind were so obliging to me , as to force our stay there for at least an hour , to my great content and advantage ; for in that time he made to me many useful observations with much clearness and conscientious freedom . i shall relate a part of them , in hope they may also turn to the advantage of my reader . he seem'd to lament , that the parliament had taken upon them to abolish our liturgy , to the scandal of so many devout and learned men , and the disgrace of those many martyrs , who had seal'd the truth and use of it with their blood : and that no minister was now thought godly that did not decry it ; and , at least , pretend to make better prayers ex tempore : and that they , and only they that could do so , prayed by the spirit , and were godly ; though in their sermons they disputed , and evidently contradicted each other in their prayers . and as he did dislike this , so he did most highly commend the common prayer of the church , saying , the collects were the most passionate , proper , and most elegant expressions that any language ever afforded ; and that there was in them such piety , and that so interwoven with instructions , that they taught us to know the power , the wisdom , the majesty , and mercy of god , and much of our duty both to him and our neighbour ; and that a congregation behaving hemselves reverently , & putting up to god these joynt and known desires for pardon of sins , and praises for mercies receiv'd , could not but be more pleasing to god , than those raw unpremeditated expressions , to which many of the hearers could not say amen . and he then commended to me the frequent use of the psalter or psalms of david ; speaking to this purpose , that they were the treasury of christian comfort , fitted for all persons and all necessities ; able to raise the soul from dejection by the frequent mention of god's mercies to repentant sinners ; to stir up holy desires ; to increase joy ; to moderate sorrow ; to nourish hope , and teach us patience , by waiting god's leasure ; to beget a trust in the mercy , power , & providence of our creator ; & to cause a resignation of our selves to his will ; & then ( and not till then ) to believe our selves happy . this he said the liturgy and psalms taught us ; and that by the frequent use of the last they would not only prove to be our souls comfort , but would become so habitual , as to transform them into the image of his soul that composed them . after this manner he express'd himself concerning the liturgy & psalms ; & seem'd to lament that this , which was the devotion of the more primitive times , should in common pulpits be turn'd into needless debates about free-will , election , and reprobation , of which , and many like questions , we may be safely ignorant , because almighty god intends not to lead us to heaven by hard questions , but by meekness and charity , and a frequent practice of devotion . and he seem'd to lament very much , that by the means of irregular and indiscreet preaching , the generality of the nation were possess'd with such dangerous mistakes , as to think , they might be religious first , and then just and merciful ; that they might sell their consciences , and yet have something left that was worth keeping ; that they might be sure they were elected , though their lives were visibly scandalous ; that to be cunning was to be wise ; that to be rich was to be happy , though their wealth was got without justice or mercy ; that to be busie in things they understood not , was no sin . these , and the like mistakes he lamented much , and besought god to remove them , and restore us to that humility , sincerity , and singleheartedness , with which this nation was blest , before the unhappy covenant was brought into the nation , and every man preach'd and pray'd what seem'd best in his own eyes . and he then said to me , that the way to restore this nation to a more meek and christian temper , was to have the body of divinity ( or so much of it as was needful to be known ) to be put into 52 homilies or sermons , of such a length as not to exceed a third or fourth part of an hours reading ; and these needful points to be made so clear and plain , that those of a mean capacity might know what was necessary to be believed , and what god requires to be done ; and then some applications of trial and conviction : and these to be read every sunday of the year , as infallibly as the blood circulates the body ; and then as certainly begun again , and continued the year following : and that this being done , it might probably abate the inordinate desire of knowing what we need not , and practising what we know , and ought to do . this was the earnest desire of this prudent man. and , o that dr. sanderson had undertaken it ! for then in all probability it would have prov'd effectual . at this happy time of injoying his company and this discourse , he express'd a sorrow by saying to me , o that i had gone chaplain to that excellently accomplish'd gentleman , your friend , sir henry wootton ! which was once intended , when he first went ambassador to the state of venice : for by that imployment i had been forc'd into a necessity of conversing , not with him only , but with several men of several nations ; and might thereby have kept my self from my unmanly bashfulness , which has prov'd very troublesome , and not less inconvenient to me ; and which i now fear is become so habitual as never to leave me : and by that means i might also have known , or at least have had the satisfaction of seeing one of the late miracles of general learning , prudence , and modesty , sir henry woottons dear friend , padre paulo , who , the author of his life says , was born with a bashfulness as invincible , as i have found my own to be : a man whose fame must never die , till vertue and learning shall become so useless as not to be regarded . this was a part of the benefit i then had by that hours conversation : and i gladly remember and mention it , as an argument of my happiness , and his great humility and condescention . i had also a like advantage by another happy conference with him , which i am desirous to impart in this place to the reader . he lamented much , that in many parishes , where the maintenance was not great , there was no minister to officiate ; and that many of the best sequestred livings were possess'd with such rigid covenanters as denied the sacrament to their parishioners , unless upon such conditions , and in such a manner as they could not take it . this he mentioned with much sorrow , saying , the blessed sacrament did , by way of preparation for it , give occasion to all conscientious receivers to examine the performance of their vows , since they received their last seal for the pardon of their sins past ; and to examine and research their hearts , and make penitent reflexions on their failings ; and that done , to bewail them , and then make new vows or resolutions to obey all god's commands , and beg his grace to perform them . and this done , the sacrament repairs the decays of grace , helps us to conquer infirmities , gives us grace to beg god's grace , and then gives us what we beg ; makes us still hunger and thirst after his righteousness , which we then receive , and being assisted with our endeavours , will still so dwell in us , as to become our satisfaction in this life , and our comfort on our last sick-beds . the want of this blessed benefit he lamented much , and pitied their condition that desired , but could not obtain it . i hope i shall not disoblige my reader , if i here inlarge into a further character of his person and temper . as first , that he was moderately tall ; his behaviour had in it much of a plain comliness , and very little ( yet enough ) of ceremony or courtship ; his looks and motion manifested affability and mildness , and yet he had with these a calm , but so matchless a fortitude , as secur'd him from complying with any of those many parliament injunctions , that interfer'd with a doubtful conscience . his learning was methodical and exact ; his wisdome useful ; his integrity visible ; and his whole life so unspotted , that all ought to be preserved as copies for posterity to write after ; the clergy especially , who with impure hands ought not to offer sacrifice to that god , whose pure eyes abhorr iniquity . there was in his sermons no improper rhetorick , nor such perplex'd divisions , as may be said to be like too much light , that so dazles the eyes that the sight becomes less perfect : but there was therein no want of useful matter , nor waste of words ; and yet such clear distinctions as dispel'd all confus'd notions , and made his hearers depart both wiser , and more confirm'd in vertuous resolutions . his memory was so matchless and firm , as 't was only overcome by his bashfulness ; for he alone , or to a friend , could repeat all the odes of horace , all tully's offices , and much of iuvenal and persius without book ; and would say , the repetition of one of the odes of horace to himself was to him such musick , as a lesson on the viol was to others , when they play'd it to themselves or friends . and though he was blest with a clearer judgment than other men ; yet he was so distrustful of it , that he did over-consider of consequences , and would so delay and reconsider what to determine , that though none ever determin'd better , yet , when the bell toll'd for him to appear and read his divinity lectures in oxford , and all the scholars attended to hear him , he had not then , or not till then , resolv'd and writ what he meant to determine ; so that that appear'd to be a truth , which his old dear friend dr. sheldon would often say , namely , that his judgment was so much superiour to his phancy , that whatsoever this suggested , that dislik'd and controul'd ; still considering and reconsidering , till his time was so wasted , that he was forc'd to write , not ( probably ) what was best , but what he thought last . and yet what he did then read , appear'd to all hearers to be so useful , clear , and satisfactory , as none ever determin'd with greater applause . these tiring and perplexing thoughts begot in him an aversness to enter into the toyl of considering and determining all casuistical points ; because during that time , they neither gave rest to his body or mind . but though he would not be always loden with these knotty points and distinctions ; yet the study of old records , genealogies , and heraldry , were a recreation , and so pleasing , that he would say they gave rest to his mind . of the last of which i have seen two remarkable volumes ; and the reader needs neither to doubt their truth or exactness . and this humble man had so conquer'd all repining and ambitious thoughts , and with them all other unruly passions , that , if the accidents of the day prov'd to his danger or dammage , yet he both began and ended it with an even and undisturbed quietness : always praising god that he had not withdrawn food and raiment from him and his poor family ; nor suffered him to violate his conscience for his safety , or to support himself or them in a more splendid or plentiful condition ; and that he therefore resolv'd with david , that his praise should be always in his mouth . i have taken a content in giving my reader this character of his person , his temper , and some of the accidents of his life past ; and more might be added of all : but i will with sorrow look forward to the sad days , in which so many good men suffered , about the year 1658. at which time dr. sanderson was in a very low condition as to his estate : and in that time mr. robert boyle ( a gentleman of a very noble birth , and more eminent for his liberality , learning , and vertue , and of whom i would say much more , but that he still lives ) having casually met with , and read his lectures de iuramento , to his great satisfaction , and being informed of dr. sanderson's great innocence and sincerity , and that he and his family were brought into a low condition by his not complying with the parliaments injunctions , sent him by his dear friend dr. barlow ( the now learned bishop of lincoln ) 50 l. and with it a request and promise : the request was , that he would review the lectures de conscientia , which he had read when he was doctor of the chair in oxford , and print them for the good of posterity ; ( and this dr. sanderson did in the year 1659. ) and the promise was , that he would pay him that , or a greater sum if desir'd , during his life , to inable him to pay an amanuensis , to ease him from the trouble of writing what he should conceive or dictate . for the more particular account of which , i refer my reader to a letter writ by the said dr. barlow , which i have annexed to the end of this relation . towards the end of this year 1659. when the many mixt sects , and their creators and merciless protectors , had led or driven each other into a whirl-pool of confusion : when amazement and fear had seiz'd them , and their accusing consciences gave them an inward and fearful intelligence , that the god which they had long serv'd , was now ready to pay them such wages as he does always reward witches with for their obeying him : when these wretches were come to foresee an end of their cruel reign , by our king's return ; and such sufferers as dr. sanderson ( and with him many of the oppressed clergy and others ) could foresee the cloud of their afflictions would be dispers'd by it : then , in the beginning of the year following , the king was by god restored to us , and we to our known laws and liberties ; and a general joy and peace seem'd to breath through the 3 nations . then were the suffering clergy freed from their sequestration , restor'd to their revenues , and to a liberty to adore , praise , and pray to god in such order as their consciences and oaths had formerly obliged them . and the reader will easily believe that dr. sanderson and his dejected family rejoyc'd to see this day , and be of this number . it ought to be considered ( which i have often heard or read ) that in the primitive times men of learning and vertue were usually sought for , and sollicited to accept of episcopal government , and often refus'd it . for they conscientiously considered , that the office of a bishop was made up of labour and care : that they were trusted to be god's almoners of the churches revenue , and double their care for the poor : to live strictly themselves , and use all diligence to see that their familie , officers , and clergy did so : and that the account of that stewardship must at the last dreadful day be made to the searcher of all hearts : and that in the primitive times they were therefore timorous to undertake it . it may not be said that dr. sanderson was accomplish'd with these , and all the other requisites requir'd in a bishop , so as to be able to answer them exactly ; but it may be affirm'd , as a good preparation , that he had at the age of 73 years ( for he was so old at the king's return ) fewer faults to be pardon'd by god or man , than are apparent in others in these days , in which ( god knows ) we fall so short of that visible sanctity and zeal to god's glory , which was apparent in the days of primitive christianity . this is mentioned by way of preparation to what i shall say more of dr. sanderson ; and namely , that at the king's return dr. sheldon , the late prudent bishop of canterbury ( than whom none knew , valued , or lov'd dr. sanderson more or better ) was by his majesty made a chief trustee to commend to him fit men to supply the then vacant bishopricks . and dr. sheldon knew none fitter than dr. sanderson , and therefore humbly desired the king that he would nominate him : and that done , he did as humbly desire dr. sanderson that he would for gods and the churches sake , take that charge and care upon him . dr. sanderson had , if not an unwillingness , certainly no forwardness to undertake it , and would often say , he had not led himself , but his friend would now lead him into a temptation , which he had daily pray'd against ; and besought god , if he did undertake it , so to assist him with his grace , that the example of his life , his cares and endeavours , might promote his glory , and help forward the salvation of others . this i have mentioned as a happy preparation to his bishoprick , and am next to tell that he was consecrated bishop of lincoln at westminster the 28 th of october , 1660. there was about this time a christian care taken , that those whose consciences were ( as they said ) tender , and could not comply with the service and ceremonies of the church , might have satisfaction given by a friendly debate betwixt a select number of them , and some like number of those that had been sufferers for the church service and ceremonies , and now restor'd to liberty ; of which last some were then preferr'd to power and dignity in the church . and of these bishop sanderson was one , and then chose to be a moderator in that debate : and he perform'd his trust with much mildness , patience , and reason , but all prov'd uneffectual : for there be some propositions like jealousies , which ( though causless , yet ) cannot be remov'd by reasons as apparent as demonstration can make any truth . the place appointed for this debate was the savoy in the strand : and the points debated were , i think , many ; some affirmed to be truth and reason , some denied to be either ; and these debates being then in words , proved to be so loose and perplex'd , as satisfied neither party . for sometime that which had been affirmed was immediately forgot or deny'd , and so no satisfaction given to either party . but that the debate might become more useful , it was therefore resolv'd that the day following the desires and reasons of the non-conformists should be given in writing , and they in writing receive answers from the conforming party . and though i neither now can , nor need to mention all the points debated , nor the names of the dissenting brethren : yet i am sure mr. baxter was one , and am sure what shall now follow , was one of the points debated . concerning a command of lawful superiours , what was sufficient to its being a lawful command ; this proposition was brought by the confirming party . that command which commands an act in it self lawful , and no other act or circumstance unlawful , is not sinful . mr. baxter denied it for two reasons , which he gave in with his own hand in writing thus : one was , because that may be a sin per accidens , which is not so in it self , and may be unlawfully commanded , though that accident be not in the command . another was , that it may be commanded under an unjust penalty . again , this proposition being brought by the conformists , that command which commandeth an act in it self lawful , and no other act whereby any unjust penalty is injoyned , nor any circumstance whence per accidens any sin is consequent which the commander ought to provide against , is not sinful . mr. baxter denied it for this reason then given in with his own hand in writing , thus : because the first act commanded may be per accidens unlawful , and be commanded by an unjust penalty , though no other act or circumstance commanded be such . again , this proposition being brought by the conformists , that command which commandeth an act in it self lawful , and no other act whereby any unjust penalty is injoyned , nor any circumtance whence directly or per accidens any sin is consequent , which the commander ought to provide against , hath in it all things requisite to the lawfulness of a command , and particularly cannot be guilty of commanding an act per accidens unlawful , nor of commanding an act under an unjust penalty . mr. baxter denied it upon the same reasons . peter gunning . iohn pearson . these were then two of the disputants , still live , and will attest this ; one being now lord bishop of ely , and the other of chester . and the last of them told me very lately , that one of the dissenters ( which i could , but forbear to name ) appear'd to dr. sanderson to be so bold , so troublesome , and so illogical in the dispute , as forc'd patient dr. sanderson ( who was then bishop of lincoln , and a moderator with other bishops ) to say with an unusual earnestness , that he had never met with a man of more pertinacious confidence , and less abilities in all his conversation . but though this debate at the savoy was ended without any great satisfaction to either party , yet both parties knew the desires , and understood the abilities of the other much better than before it : and the late distressed clergy , that were now restor'd to their former rights and power , did at their next meeting in convocation contrive to give the dissenting party satisfaction by alteration , explanation , and addition to some part both of the rubrick and common prayer , as also by adding some new necessary collects , and a particular collect of thanksgiving . how many of those new collects were worded by dr. sanderson , i cannot say ; but am sure the whole convocation valued him so much , that he never undertook to speak to any point in question , but he was heard with great willingness and attention ; and when any point in question was determin'd , the convocation did usually desire him to word their intentions , and as usually approve & thank him . at this convocation the common prayer was made more compleat , by adding 3 new necessary offices ; which were , a form of humiliation for the murther of king charles the martyr ; a thanksgiving for the restoration of his son our king ; and for the baptizing of persons of riper age . i cannot say dr. sanderson did form or word them all , but doubtless more than any single man of the convocation ; and he did also , by desire of the convocation , alter & add to the forms of prayers to be used at sea ( now taken into the service book ) and it may be noted , that william , the now right reverend bishop of canterbury , was in these imployments diligently useful , especially in helping to rectifie the kalendar and rubrick . and lastly it may be noted , that for the satisfying all the dissenting brethren and others , the convocations reasons for the alterations and additions to the liturgy , were by them desir'd to be drawn up by dr. sanderson ; which being done by him , and approv'd by them , was appointed to be printed before the liturgy , and may be known by this title , — the preface : and begins thus — it hath been the wisdom of the church — . i shall now follow him to his bishoprick , and declare a part of his behaviour in that busie and weighty imployment . and first , that it was with such condescention and obligingness to the meanest of his clergy , as to know and be known to them . and indeed he practis'd the like to all men of what degree soever , especially to his old neighbours or parishioners of boothby pannel ; for there was all joy at his table when they came to visit him : then they pray'd for him , and he for them with an unfeigned affection . i think it will not be deny'd but that the care and toyl required of a bishop , may justly challenge the riches & revenue with which their predecessors had lawfully endow'd them ; and yet he sought not that so much , as doing good both to the present age and posterity ; and he made this appear by what follows . the bishops chief house at buckden , in the county of huntington , the usual residence of his predecessors ( for it stands about the midst of his diocese ) having been at his consecration a great part of it demolish'd , and what was left standing under a visible decay , was by him undertaken to be erected and repair'd ; and it was perform'd with great speed , care , and charge . and to this may be added , that the king having by an injunction commended to the care of the bishops , deans , and prebends of all cathedral churches , the repair of them , their houses , and augmentation of small vicarages ; he , when he was repairing bugden , did also augment the last , as fast as fines were paid for renewing leases : so fast , that a friend taking notice of his bounty , was so bold as to advise him to remember , he was under his first fruits , and that he was old , and had a wife and children yet but meanly provided for , especially if his dignity were considered . to whom he made a mild and thankful answer , saying , it would not become a christian bishop to suffer those houses built by his predecessors , to be ruin'd for want of repair ; and less justifiable to suffer any of those that were call'd to so high a calling as to sacrifice at god's altar , to eat the bread of sorrow constantly , when he had a power by a small augmentation to turn it into the bread of chearfulness : and wish ' d , that as this was , so it were also in his power to make all mankind happy , for he desired nothing more . and for his wife and children , he hop'd to leave them a competence ; and in the hands of a god , that would provide for all that kept innocence , and trusted his providence and protection , which he had always found enough to make and keep him happy . there was in his diocese a minister of almost his age , that had been of lincoln colledge when he left it , who visited him often , and always welcome , because he was a man of innocence and open-heartedness : this minister asked the bishop what books he studied most , when he laid the foundation of his great and clear learning ? to which his answer was , that he declin'd reading many ; but what he did read , were well chosen , and read so often , that he became very familiar with them ; and said they were chiefly three , aristotle's rhetorick , aquinas's secunda secundae , and tully , but chiefly his offices , which he had not read over less than 20 times , and could at this age say without book . and told him also , the learned civilian doctor zouch ( who died lately ) had writ elementa jurisprudentiae , which was a book that he could also say without book ; and that no wise man could read it too often , or love , or commend too much ; and told him these had been his toyl : but for himself , he always had a natural love to genealogies and heraldry ; and that when his thoughts were harassed with any perplext studies , he left off , and turned to them as a recreation ; and that his very recreation had made him so perfect in them , that he could in a very short time give an account of the descent , arms , & antiquity of any family of the nobility or gentry of this nation . before i give an account of dr. sanderson's last sickness , i desire to tell the reader that he was of a healthful constitution , chearful and mild , of an even temper , very moderate in his diet , and had had little sickness , till some few years before his death ; but was then every winter punish'd with a diarrhea , which left him not till warm weather return'd and remov'd it : and this distemper did , as he grew elder , seize him oftner , and continue longer with him . but though it weakned him , yet it made him rather indispos'd than sick , and did no way disable him from studying ( indeed too much . ) in this decay of his strength , but not of his memory or reason ( for this distemper works not upon the understanding ) he made his last will , of which i shall give some account for confirmation of what hath been said , and what i think convenient to be known , before i declare his death and burial . he did in his last will give an account of his faith and perswasion in point of religion and church government , in these very words : i robert sanderson dr. of divinity , an unworthy minister of iesus christ , and by the providence of god bishop of lincoln , being by the long continuance of an habitual distemper brought to a great bodily weakness and faintness of spirits , but ( by the great mercy of god ) without any bodily pain otherwise , or decay of understanding , do make this my will and testament ( written all with my own hand ) revoking all former wills by me heretofore made , if any such shall be found . first , i commend my soul into the hands of almighty god , as of a faithful creator , which i humbly beseech him mercifully to accept , looking upon it , not as it is in it self ( infinitely polluted with sin ) but as it is redeemed and purged with the precious blood of his only beloved son , and my most sweet saviour iesus christ , in confidence of whose merits and mediation alone it is , that i cast my self upon the mercy of god for the pardon of my sins , and the hopes of eternal life . and here i do profess , that as i have lived , so i desire , and ( by the grace of god ) resolve to dye in the communion of the catholick church of christ , and a true son of the church of england ; which , as it stands by law established , to be both in doctrine and worship agreeable to the word of god , and in the most , and most material points of both , conformable to the faith and practice of the godly churches of christ in the primitive and purer times , i do firmly believe : led so to do , not so much from the force of custom and education ( to which the greatest part of mankind owe their particular different perswasions in point of religion ) as upon the clear evidence of truth and reason , after a serious and unpartial examination of the grounds , as well of popery as puritanism , according to that measure of understanding , and those opportunities which god hath afforded me : and herein i am abundantly satisfied , that the schism which the papists on the one hand , and the superstition which the puritan on the other hand , lay to our charge , are very justly chargeable upon themselves respectively . wherefore i humbly beseech almighty god , the father of mercies , to preserve the church by his power and providence , in peace , truth , and godliness , evermore to the worlds end : which doubtless he will do , if the wickedness and security of a sinful people ( and particularly those sins that are so rise , and seem daily to increase among us , of unthankfulness , riot , and sacriledge ) do not tempt his patience to the contrary . and i also farther humbly beseech him , that it would please him to give unto our gracious sovereign , the reverend bishops , and the parliament , timely to consider the great danger that visibly threatens this church in point of religion by the late great increase of popery , and in point of revenue by sacrilegious enclosures ; and to provide such wholesome and effectual remedies as may prevent the same before it be too late . and for a further manifestation of his humble thoughts and desires , they may appear to the reader , by another part of his will which follows . as for my corruptible body , i bequeath it to the earth whence it was taken , to be decently buried in the parish church of bugden , towards the upper end of the chancel , upon the second , or ( at the farthest ) the third day after my decease ; and that with as little noise , pomp , and charge as may be , without the invitation of any person how near soever related unto me , other than the inhabitants of bugden ; without the unnecessary expence of escocheons , gloves , ribons , &c. and without any blacks to be hung any where in or about the house or church , other than a pulpit cloth , a hearse cloth , and a mourning gown for the preacher ; whereof the former ( after my body shall be interred ) to be given to the preacher of the funeral sermon , and the latter to the curat of the parish for the time being . and my will further is , that the funeral sermon be preached by my own houshold chaplain , containing some wholesome discourse concerning mortality , the resurrection of the dead , and the last iudgment ; and that he shall have for his pains 5 l. upon condition , that he speak nothing at all concerning my person , either good or ill , other than i my self shall direct ; only signifying to the auditory that it was my express will to have it so . and it is my will , that no costly monument be erected for my memory , but only a fair flot marble stone to be laid over me , with this inscription in legible roman characters , depositum roberti sanderson nuper lin●●lniencis episcopi , qui obiit anno domini mdclxii . & aetatis suae septuagesimo sexto , hic requiescit in spe beatae resurrectionis . this manner of burial , although i cannot but foresee it will prove unsatisfactory to sundry my nearest friends and relations , and be apt to be censured by others , as an evidence of my too much parsimony and narrowness of mind , as being altogether unusual , and not according to the mode of these times ; yet it is agreeable to the sense of my heart , and i do very much desire my will may be carefully observed herein , hoping it may become exemplary to some or other : at least howsoever testifying at my death ( what i have so often and earnestly professed in my life time ) my utter dislike of the flatteries commonly used in funeral sermons , and of the vast expences otherwise laid out in funeral solemnities and entertainments , with very little benefit to any , which ( if bestowed in pious and charitable works ) might redound to the publick or private benefit of many persons . i am next to tell , that he died the 29 th of ianuary , 1662. and that his body was buried in bugden the third day after his death ; and for the manner , that 't was as far from ostentation as he desir'd it ; and all the rest of his will was as punctually performed . and when i have ( to his just praise ) told this truth , that he died far from being rich , i shall return back to visit , and give a further account of him on his last sick-bed . his last will ( of which i have mentioned a part ) was made about three weeks before his death , about which time finding his strength to decay by reason of his constant infirmity , and a consumptive cough added to it , he retir'd to his chamber , expressing a desire to enjoy his last thoughts to himself in private , without disturbance or care , especially of what might concern this world . and that none of his clergy ( which are more numerous than any other bishops ) might suffer by his retirement , he did by commission impower his chaplain , mr. pullin , with episcopal power to give institutions to all livings or church preferments , during this his disability to do it himself . in this time of his retirement he long'd for his dissolution ; and when some that lov'd him pray'd for his recovery , if he at any time found any amendment , he seem'd to be displeas'd , by saying , his friends said their prayers backward for him : and that 't was not his desire to live a useless life , and by filling up a place keep another out of it , that might do god and his church service . he would often with much joy and thankfulness mention , that during his being a house-keeper ( which was more than 40 years ) there had not been one buried out of his family , and that he was now like to be the first . he would also often mention with thankfulness , that till he was threescore years of age , he had never spent 5s . in law , nor ( upon himself ) so much in wine : and rejoyc'd much that he had so liv'd , as never to cause an hours sorrow to his good father ; and hop'd he should die without an enemy . he in this retirement had the church prayers read in his chamber twice every day ; and at nine at night some prayers read to him and a part of his family out of the whole duty of man. as he was remarkably punctual and regular in all his studies and actions ; so he us'd himself to be for his meals . and his dinner being appointed to be constantly ready at the ending of prayers , and he expectcting and calling for it , was answered , it would be ready in a quarter of an hour . to which his reply was , a quarter of an hour ? is a quarter of an hour nothing to a man that probably has not many hours to live . and though he did live many hours after this , yet he liv'd not many days ; for the day after ( which was three days before his death ) he was become so weak and weary of either motion or sitting , that he was content , or forc'd to keep his bed . in which i desire he may rest , till i have given some account of his behaviour there , and immediately before it . the day before he took his bed ( which was three days before his death ) he , that he might receive a new assurance for the pardon of his sins past , and be strengthned in his way to the new ierusalem , took the blessed sacrament of the body and blood of his , and our blessed iesus , from the hands of his chaplain mr. pullin , accompanied with his wife , children , and a friend , in as awful , humble , and ardent a manner , as outward reverence could express . after the praise and thanksgiving for it was ended , he spake to this purpose ; thou , o god , took'st me out of my mothers womb , and hast been the powerful protector of me to this present moment of my life ; thou hast neither forsaken me now i am become grey-headed , nor suffered me to forsake thee in the late days of temptation , and sacrifice my conscience for the preservation of my liberty or estate . 't was by grace that i have stood , when others have fallen under my trials : and these mercies i now remember with joy and thankfulness ; and my hope and desire is , that i may die praising thee . the frequent repetition of the psalms of david hath been noted to be a great part of the devotion of the primitive christians : the psalms having in them not only prayers and holy instructions , but such commemorations of god's mercies , as may preserve comfort , and confirm our dependance on the power , and providence , and mercy of our creator . and this is mention'd in order to telling , that as the holy psalmist said , that his eyes should prevent both the dawning of the day and the night watches , by meditating on god's word : so 't was dr. sanderson's constant practice every morning to entertain his first waking thoughts with a repetition of those very psalms , that the church hath appointed to be constantly read in the daily morning service ; and having at night laid him in his bed , he as constantly clos'd his eyes with a repetition of those appointed for the service of the evening , remembring & repeating the very psalms appointed for every day ; and as the month had formerly ended and began again , so did this exercise of his devotion . and if his first waking thoughts were of the world , or what concern'd it , he would arraign and condemn himself for it . thus he began that work on earth , which is now his imployment in heaven . after his taking his bed , and about a day before his death , he desir'd his chaplain , mr. pullin , to give him absolution : and at his performing that office , he pull'd off his cap , that mr. pullin might lay his hand upon his bare head . after this desire of his was satisfied , his body seem'd to be at more ease , and his mind more chearful ; and he said , lord , forsake me not now my strength faileth me , but continue thy mercy , and let my mouth be filled with thy praise . he continued the remaining night and day very patient , and thankful for any of the little offices that were perform'd for his ease and refreshment ; and during that time , did often say the 103 psalm to himself , and very often these words , my heart is fixed , o god , my heart is fixed where true joy is to be found . his thought sseem'd now to be wholly of death , for which he was so prepar'd , that that king of terrors could not surprise him as a thief in the night ; for he had often said , he was prepar'd , and long'd for it . and as this desire seem'd to come from heaven ; so it left him not , till his soul ascended to that region of blessed spirits , whose imployments are to joyn in consort with him , and sing praise and glory to that god , who hath brought them to that place , into which sin and sorrow cannot enter . thus this pattern of meekness and primitive innocence chang'd this for a better life . 't is now too late to wish that my life may be like his ; for i am in the eighty fifth year of my age ; but i humbly beseech almighty god , that my death may ; and do as earnestly beg of every reader to say amen . blessed is the man in whose spirit there is no guile . postscript . if i had had time to have review'd this relation , as i intended , before it went to the press , i could have contracted some , and altered other parts of it ; but 't was hastned from me , and now too late for this impression . if there be a second ( which the printer hopes for ) i shall both do that , and upon information , mend any mistake , or supply what may seem wanting . i. w. dr. pierce's letter . good mr. walton , at my return to this place , i made a yet stricter search after the letters long ago sent me from our most excellent dr. sanderson before the happy restoration of the king and church of england to their several rights ; in one of which letters more especially , he was pleas'd to give me a narrative both of the rise , and the progress , and reasons also , as well of his younger , as of his last and riper judgment , touching the famous points controverted between the calvinians and the arminians , as they are commonly ( though unjustly & unskilfully ) miscalled on either side . the whole letter i allude to does consist of several sheets , whereof a good part has been made publick long ago by the most learned , most judicious , most pious dr. hammond ( to whom i sent it both for his private , and for the publick satisfaction , if he thought fit ) in his excellent book , intituled [ a pacifick discourse of god's grace and decrees , in full accordance with dr. sanderson : ] to which discourse i referr you for an account of dr. sanderson , and the history of his thoughts in his own hand-writing , wherein i sent it to westwood , as i receiv'd it from boothby pannel . and although the whole book ( printed in the year 1660. and reprinted since with his other tracts in folio ) is very worthy of your perusal ; yet for the work you are about , you shall not have need to read more at present , than from the 8 th to the 23 th page , and as far as the end of § . 33. there you will find in what year the excellent man , whose life you write , became a master of arts. how his first reading of learned hooker had been occasioned by certain puritanical pamphlets ; and how good a preparative he found it for his reading of calvin's institutions , the honour of whose name ( at that time especially ) gave such credit to his errors . how he erred with mr. calvin ( whilst he took things upon trust ) in the sublapsarian way . how being chosen to be a clerk of the convocation for the diocese of lincol , 1625. he reduced the quinquarticular controversie into five schemes or tables ; and thereupon discerned a necessity of quitting the sublapsarian way ( of which he had before a better liking ) as well as the supralapsarian , which he could never phancy . there you will meet with his two weighty reasons against them both ; and find his happy change of iudgment to have been ever since the year 1625 , even 34 years before the world either knew , or ( at least ) took notice of it . and more particularly his reasons for rejecting dr. twiss ( or the way he walks in ) although his acute , and very learned and ancient friend . * i now proceed to let you know from dr. sanderson's own hand , which was never printed ( and which you can hardly know from any , unless from his son , or from my self ) that , when that parliament was broken up , and the convocation therewith dissolved , a gentleman of his acquaintance , by occasion of some discourse about these points , told him of a book not long before published at paris ( a. d. 1623. ) by a † spanish bishop , who had undertaken to clear the differences in the great controversie de concordiâ gratiae & liberi arbitrij . and because his friend perceived he was greedily desirous to see the book ; he sent him one of them , containing the four first books of twelve which he intended then to publish . when i had read ( says dr. sanderson in the following words of the same letter ) his epistle dedicatory to the pope ( greg. 15. ) he spake so highly of his own invention , that i then began rather to suspect him for a mountebank , than to hope i should find satisfaction from his performances . i found much confidence , and great pomp of words , but little matter as to the main knot of the business , other than had been said an hundred times before , to wit , of the coexistence of all things past , present , and future in mente divinâ realiter ab aeterno , which is the subject of his whole third book ; only he interpreteth the word realiter so , as to import not only praesentialitatem objectivam ( as others held before him ) but propriam & actualem existentiam . yet confesseth 't is hard to make this intelligible . in his fourth book he endeavours to declare a twofold manner of god's working ad extra ; the one sub ordine praedestinationis , of which eternity is the proper measure ; the other sub ordine gratiae , whereof time is the measure . and that god worketh fortiter in the one ( though not irresistibiliter ) as well as suaviter in the other , wherein the freewill hath his proper working also . from the result of his whole performance i was confirmed in this opinion , that we must acknowledge the work of both ( grace and free-will ) in the conversion of a sinner . and so likewise in all other events , the consistency of the infallibility of god's foreknowledge at least ( though not with any absolute , but conditional predestination ) with the liberty of man's will , and the contingency of inferiour causes and effects . these , i say , we must acknowledge for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : but for the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i thought it bootless for me to think of comprehending it . and so came the two acta synodalia dordrectana to stand in my study , only to fill up a room to this day . and yet see the restless curiosity of man. not many years after , to wit a.d. 1632. out cometh dr. twiss his vindiciae gratiae ; a large volume purposely writ against arminius . and then notwithstanding my former resolution , i must needs be medling again . the respect i bore to his person and great learning , and the long acquaintance i had had with him in oxford , drew me to the reading of that whole book . but from the reading of it ( for i read it through to a syllable ) i went away with many and great dissatisfactions . sundry things in that book i took notice of , which brought me into a greater dislike of his opinion than i had before . but especially these three : first , that he bottometh very much of his discourse upon a very erroneous principle , which yet he seemeth to be so deeply in love with , that he hath repeated it ( i verily believe ) some hundreds of times in that work : to wit this , [ that whatsoever is first in the intention is last in execution , and è converso . ] which is an error of that magnitude , that i cannot but wonder , how a person of such acuteness and subtilty of wit could possibly be deceived with it . all logicians know , there is no such universal maxim as he buildeth upon . the true maxim is but this , finis qui primus est in intentione , est ultimus in executione . in the order of final causes , and the means used for that end , the rule holdeth perpetually : but in other things it holdeth not at all , or but by chance ; or not as a rule , and necessarily . secondly , that , foreseeing such consequences would naturally and necessarily follow from his opinion , as would offend the ear of a sober christian at the very first sound , he would yet rather choose not only to admit the said harsh consequences , but professedly indeavour also to maintain them , and plead hard for them in large digressions , than to recede in the least from that opinion which he had undertaken to defend . thirdly , that seeing ( out of the sharpness of his wit ) a necessity of forsaking the ordinary sublapsarian way , and the supralapsarian too , as it had diversly been declared by all that had gone before him ( for the shunning of those rocks , which either of those ways must unavoidably cast him upon ) he was forced to seek out an untroden path , and to frame out of his own brain a new way ( like a spider's web wrought out of her own bowels ) hoping by that device to salve all absurdities could be objected ; to wit , by making the glory of god ( as it is indeed the chiefest , so ) the only end of all other his decrees , and then making all those other decrees to be but one entire coordinate medium conducing to that one end , and so the whole subordinate to it , but not any one part thereof subordinate to any other of the same . dr. twiss should have done well to have been more sparing in imputing the studium partium to others , wherewith his own eyes ( though of eminent perspicacity ) were so strangely blindfolded , that he could not discern , how this his new device , and his old dearly beloved principle ( like the cadmean sparti ) do mutually destroy the one the other . this relation of my pass'd thoughts having spun out to a far greater length than i intended , i shall give a shorter accompt of what they now are concerning these points . for which account i referr you to the following parts of dr. hammonds book aforesaid , where you may find them already printed . and for another account at large of bishop sanderson's last judgment concerning god's concurrence or non-concurrence with the actions of men , and the positive entity of sins of commission , i referr you to his letters already printed by his consent , in my large appendix to my impartial inquiry into the nature of sin. §. 68 . p. 193. as far as p. 200. sir , i have rather made it my choice to transcribe all above out of the letters of dr. sanderson which lie before me , than venture the loss of my originals by post or carrier , which ( though not often , yet ) sometimes fail . make use of as much , or as little as you please , of what i send you from himself ( because from his own letters to me ) in the penning of his life , as your own prudence shall direct you ; using my name for your warranty in the account given of him , as much or as little as you please too . you have a performance of my promise , and an obedience to your desires from north-tidworth , march 5. 1677 / 8 ; your affectionate humble servant , tho. pierce . the bishop of lincoln's letter . my worthy friend mr. walton , i am heartily glad , that you have undertaken to write the life of that excellent person , and ( both for learning and piety ) eminent prelate , dr. sanderson , late bishop of lincoln ; because i know your ability to know , and integrity to write truth : and sure i am , that the life and actions of that pious and learned prelate will afford you matter enough for his commendation , and the imitation of posterity . in order to the carrying on your intended good work , you desire my assistance , that i would communicate to you such particular passages of his life , as were certainly known to me . i confess i had the happiness to be particularly known to him for about the space of 20 years , and ( in oxon ) to injoy his conversation , and his learned and pious instructions while he was regius professor of divinity there . afterwards , when ( in the time of our late unhappy confusions ) he left oxon , and was retir'd into the countrey , i had the benefit of his letters ; wherein ( with great candor and kindness ) he answered those doubts i propos'd and gave me that satisfaction , which i neither had , nor expected from some others of greater confidence , but less judgment and humility . having ( in a letter ) named two or three books writ ( ex professo ) against the being of any original sin ; and that adam ( by his fall ) transmitted some calamity only , but no crime to his posterity ; the good old man was exceedingly troubled , and bewailed the misery of those licentious times , and seem'd to wonder ( save that the times were such ) that any should write , or be permitted to publish any error so contradictory to truth , and the doctrine of the church of england , established ( as he truly said ) by clear evidence of scripture , and the just and supreme power of this nation , both sacred and civil . i name not the books , nor their authors , which are not unknown to learned men ( and i wish they had never been known ) because both the doctrine , and the unadvis'd abettors of it are ( and shall be ) to me apocryphal . another little story i must not pass in silence , being an argument of dr. sanderson's piety , great ability and judgment as a casuist . discoursing with an † honourable person ( whose piety i value more than his nobility and learning , though both be great ) about a case of conscience concerning oaths and vows , their nature and obligation ; in which ( for some particular reasons ) he then desired more fully to be inform'd ; i commended to him dr. sanderson's book de iuramento : which having read ( with great satisfaction ) he as'kd me , if i thought the doctor could be induced to write cases of conscience , if he might have an honorary pension allow'd him , to furnish him with books for that purpose ? i told him i believ'd he would : and ( in a letter to the doctor ) told him what great satisfaction that honourable person ( and many more ) had reaped by reading his book de iuramento ; and ask'd him , whether he would be pleased ( for the benefit of the church ) to write some tract of cases of conscience ? he reply'd , that he was glad that any had received any benefit by his books : and added further , that if any future tract of his could bring such benefit to any , as we seem'd to say his former had done , he would willingly ( though without any pension ) set about that work . having receiv'd this answer , that honourable person ( before mention'd ) did ( by my hands ) return 50 l. to the good doctor ( whose condition then ( as most good mens at that time were ) was but low ) and he presently revised , finished , and published that excellent book de conscientiâ . a book little in bulk ; but not so if we consider the benefit an intelligent reader may receive by it . for there are so many general propositions concerning conscience , the nature and obligation of it , explained and proved with such firm consequence and evidence of reason , that he who reads , remembers and can ( with prudence ) pertinently apply them hic & nunc to particular cases , may ( by their light and help ) rationally resolve a thousand particular doubts and scruples of conscience . here you may see the charity of that honourable person in promoting , and the piety and industry of the good doctor in performing that excellent work . and here i shall add the judgment of that learned and pious prelate concerning a passage very pertinent to our present purpose . when he was in oxon , and read his publick lectures in the schools as regius professor of divinity , and by the truth of his positions , and evidences of his proofs , gave great content and satisfaction to all his hearers ; especially in his clear resolutions of all difficult cases which occurr'd in the explication of the subject matter of his lectures ; a person of quality ( yet alive ) privately asked him , what course a young divine should take in his studies to inable him to be a good casuist ? his answer was , that a convenient understanding of the learned languages ( at least of hebrew , greek and latin ) and a sufficient knowledge of arts and sciences presuppos'd ; there were two things in humane literature , a comprehension of which would be of very great use , to inable a man to be a rational and able casuist , which otherwise was very difficult , if not impossible . 1. a convenient knowledge of moral philosophy ; especially that part of it which treats of the nature of humane actions : to know , quid sit actus humanus ( spontaneus , invitus , mixtus ) unde habent bonitatem & malitiam moralem ? an ex genere & objecto , vel ex circumstantiis ? how the variety of circumstances varies the goodness or evil of humane actions ? how far knowledge and ignorance may aggravate or excuse , increase or diminish the goodness or evil of our actions ? for every case of conscience being only this — is this action good or bad ? may i do it , or may i not ? he who ( in these ) knows not how and whence humane actions become morally good and evil , never can ( in hypothesi ) rationally and certainly determine , whether this or that particular action be so . 2. the second thing , which ( he said ) would be a great help and advantage to a casuist , was a convenient knowledge of the nature and obligation of laws in general : to know what a law is ; what a natural and a positive law ; what 's required to the latio , dispensatio , derogatio , vel abrogatio legis ; what promulgation is antecedently required to the obligation of any positive law ; what ignorance takes off the obligation of a law , or does excuse , diminish or aggravate the transgression : for every case of conscience being only this — is this lawful for me , or is it not ? and the law the only rule and measure , by which i must judge of the lawfulness or unlawfulness of any action : it evidently follows , that he , who ( in these ) knows not the nature and obligation of laws , never can be a good casuist , or rationally assure himself ( or others ) of the lawfulness or unlawfulness of actions in particular . this was the judgment and good counsel of that learned and pious prelate ; and having ( by long experience ) found the truth and benefit of it , i conceive , i could not without ingratitude to him , and want of charity to others , conceal it . — pray pardon this rude , and ( i fear ) impertinent scrible , which ( if nothing else ) may signifie thus much , that i am willing to obey your desires , and am indeed london , may 10. 1678 your affectionate friend , thomas lincoln . errata . in the preface , page the last , after that read i. in the life , p. 20. l. 5. for renew , r. review . p. 26. l. 16. for warily , r. rarely . p. 30. l. 13. for relate , r. dilate . p. 37. l. 11. for cautious , r conscious . p. 58. l. 10 for inmate , r. innate . p. 63. l. 5. for predestination , r. predestinarian . p. 126. l. 4. for complying , r. complaining . p. 161. l. 1. for propositions , r. prepossessions . bishop sanderson's judgment concerning submission to usurpers . london , printed for richard marriott , mdclxxviii . bishop sanderson's judgment concerning submission to usurpers . sir , whereas you desire to know what my judgment and practice is concerning the using or forbearing the establish'd liturgy ( either in whole , or in part ) in the publick service of god , and office of the church : if it be any satisfaction to your friend , i shall fully acquaint you what my practice is ( whereunto if my own judgment be not conform , i am , without all excuse , my own condemner ) and upon what considerations i have , according to the variation of the times , varied from my self therein . so long as my congregation continued unmixt with souldiers , as well after as before the promulgation of the ordinance of the two houses for the abolishing of the common prayer , i continued the use of it , as i had ever formerly done in the most peaceable and orderly times , not omitting those very prayers , the silencing whereof i could not but know to have been chiefly aim'd at in the ordinance ( viz. ) three for the king and queen and bishops ; and so i did also though some souldiers were casually present , till such time as a whole troop coming to quarter in the town ( with a purpose to continue a kind of garison or head-quarter among us ) were so enrag'd at my reading of it the first sunday after they came , that immediately after morning service ended , they seiz'd upon the book , and tore it all in pieces . thence-forward during their continuance there for full six months and upwards ( viz. ) from the beginning of november till they were call'd away to naseby fight in may following , besides that for want of a book of necessity i must , i saw that it also behoov'd me , for the preventing of farther outrages , to wave the use of the book for the time , at least in the ordinary service ; only i read the confession , the lord's prayer , all the versicles , and the psalms for the day . then after the first lesson in the forenoon benedictus or iubilate ; and in the afternoons cantate . after the second lesson also , sometimes the creed , sometimes the ten commandements , and sometimes neither , but only sang a psalm , and so to sermon . but in all that while , in the administration of the sacraments , the solemnization of matrimony , burial of dead , and churching of women , i constantly used the ancient forms and rites to every of them respectively belonging , according to the appointment in the book ; only i was careful in all the rest to make choice of such times and opportunities as i might do them with most secresie , and without disturbance of the souldier . but at the celebration of the eucharist i was the more secure to do it publickly , because i was assur'd none of the souldiers would be present . after their departure i took the liberty to use either the whole liturgy , or but some part of it , omitting sometimes more , sometimes less upon occasion , as i judg'd it most expedient in reference to the auditory , especially if any souldiers , or other unknown persons hapned to be present . but all this while the substance of what i omitted i contriv'd into my prayer before sermon , the phrase and order only varied , which yet i endeavour'd to temper in such sort , that any person of ordinary capacity might easily perceivve what my meaning was , and yet the words left as little liable to exception or cavil as might be . about two years ago i was advertis'd ( but in a friendly manner ) by a parliament man of note in these parts , that at a publick meeting at grantham , great complaint was made by some ministers of the presbyterian gang , as i afterwards found , of my refractoriness to obey the parliaments order in that behalf . the gentleman told me withal , that although they knew what my judgment and practice was , yet they were not forward to take notice of it before complaint made , which being now done in so publick a manner , if they should not take notice of it , the blame would lie upon them . he therefore advised me to consider well what i had to do , for i must resolve either to adventure the loss of my living , or to lay aside common prayer ; which if i should continue after complaint and admonition , it would not be in his power , nor in the power of any friend i had to preserve me . the effect of my then answer was , that if the case were so , the deliberation was not hard : i having long ago considered of the case , and resolved what i might do with a good conscience , and what was fittest for me in prudence to do , if i should ever be put to it ( viz. ) to forbear the use of the common prayer book so far as might satisfie the letter of the ordinance , rather than forsake my station . my next business then was to be-think my self of such a course to be thenceforth held in the publick work in my own parish , as might be believed neither to bring danger to my self by the use , nor to give scandal to my brethren by the disuse of the establish'd liturgy . and the course was this , to which i have held me ever since . i begin the service with a preface , and an exhortation infer'd to make confession of sins ; which exhortation i have fram'd out of the exhortation and absolution in the book , contracted and put together , and exprest for the most part in the same words and phrases , but purposely here and there transplac'd , that it might appear not to be , and yet to be the very same . then follows the confession it self in the same order ; it was enlarg'd only with the addition of some words , whereby it is rather explain'd than alter'd . the whole frame whereof , both for the fuller satisfaction in that particular , and that you may conjecture what manner of addition and change i have made proportionably hereunto ( yet none so large ) in other parts of the holy office , i have here under-written . o almighty god and merciful father , we thy unworthy servants do with shame and sorrow confess , that we have all our life long gone astray out of thy ways like lost sheep ; and that by following too much the vain devices and desires of our own hearts , we have grievously offended against thy holy laws both in thought , word , and deed . we have many times left undone those good duties which we might and ought to have done , and we have many times done those evils , when we might have avoided them , which we ought not to have done . we confess , o lord , that there is no health at all , nor help in any creature to relieve us ; but all our hope is in thy mercy , whose justice we have by our sins so far provoked . have mercy upon us therefore , o lord , have mercy upon us miserable offenders : spare us good lord who confess our faults , that we perish not , but according to thy gracious promises declared unto mankind in christ iesu our lord , restore us upon our true repentance into thy grace and favour . and grant , o most merciful father , for his sake , that we henceforth study to serve and please thee by leading a godly , righteous , and sobèr life , to the glory of thy holy name , and the eternal comfort of our own souls , through iesus christ our lord. amen . after the confession the lord's prayer with the versicles , and gloria patri , and then psalms for the day , and the first lesson : after which in the forenoon , sometimes te deum , ( but then only when i think the auditory will bear it ) and sometimes an hymn of mine own , gathered out of the psalms and church collects , as a general form of thanksgiving ( which i did the rather , because i have noted the want of such a form as the only thing wherein the liturgy seem'd to be defective ) . and in the afternoon , after the first lesson the 98 th . psalm , or the 67 th . then the second lesson , with benedictus or iubilate ; after it in the forenoon and afternoon a singing psalm . then followeth the creed , with dominus vobiscum ; and sometimes the versicles in the end of our letany [ from our enemies defend us ] if i lik'd my auditory , otherwise i omit the versicles . after the creed , and instead of the letany and the other prayers appointed in the book , i have taken the substance of the prayer i was wont to make before sermon , and dispos'd it into several collects or prayers , some longer and some shorter , but new modell'd into the language of the common prayer book much more than it was before . and in the pulpit , before sermon i use only a short prayer in reference to the hearing of the word , and no more . so that upon the matter , in these prayers i do but the same thing i did before , save only that what before i spake without book , and in a continued form in the pulpit , i now read out of a written book broken into parcels , and in the reading desk or pue . between which prayers and the singing psalms before the sermon , i do also daily use one other collect , of which sort i have for the purpose compos'd sundry , made up also ( as the former ) for the most part out of the church collects , with some little enlargement or variation ; as namely , the collects adventual , quadragesimal , paschal , or pentecostal , for their proper seasons ; and at other times collects of a more general nature , as for pardon , repentance , grace , &c. and after one or more of them in the forenoon , i usually repeat the ten commandements , with a short collect after them for grace to enable us to keep them . this hath been my practice , and is like still to be , unless some happy change of affairs restore us the liberty of using the old way again , or it be made appear to my understanding by some able charitable friend , that i therein have done otherwise then i ought to have done : for i may say , that i have not yet met with any thing in discourse , either with my own reason or others , of sufficient strength to convince me that i have done any thing , but what may stand with the principles as well of christian simplicity as prudence . there are but three things , that i know of , that are of any consideration oppos'd , viz. 1. the obligation of the laws . 2. the scandal of the example . 3. the unseemly symbolizing at least with schismaticks , if not partaking with them in the schism . the first and strongest objection ( which i shall therefore propose to the most advantage of the objector ) is that which is grounded upon the laws , and their obligation : for it may be objected , that every humane law rightly establish'd , so long as it continueth a law , obligeth the subject ( and that for conscience sake ) to the observation thereof in such manner and form as in the same law is prescribed , and according to the true meaning and intention of the law-giver therein . that a law is then understood to be rightly establish'd , when it containeth nothing but what is honest and lawful , and is enacted by such person or persons as have full and sufficient authority to make laws . that a law so establish'd continues a law , and is so in force , till it be either repealed by as good and lawful authority , as that by which it was made , or else antiquated by a long continued uninforc'd disuse with the tacit or presumed consent of the law-giver . that the act printed before the common prayer book , and entituled ( an act for the uniformity ) was such a law , being it was established in a full and free parliament in peaceable times , and ratified by the royal assent , that it still continues in force , and being not yet repealed , but by such persons as ( at least in the opinion of those that maintain the dispute ) for want of the royal assent , have not a sufficient right or authority to do such an act , nor disused but of late times , and that by enforcement , and as is presum'd , much against the mind of the law-giver . that therefore it still retains the power of obliging in part of conscience ; that power being so essential and intrinsecal to every law , quatenus a law , that it can in no wise be sever'd from it . and that therefore no minister publickly officiating in the church , can with a good conscience either omit any part of that which is commanded by the aforesaid law , or use any other form than what is contained in the foresaid book , but must either use the form prescribed in the book , or else forbear to officiate . the answer to this objection ( granting all in the premisses besides ) dependeth upon the right understanding of that which is affirmed concering the obligation of the laws according to the intention of the law-giver ; which if it should be understood precisely of that particular , actual , and immediate intention which the law-giver had declared by the words of the law ( in which sense only the objection proceedeth ) will not hold true in all cases . but there is suppos'd besides that , in law-giver , a more general , habitual , & ultimate intention of a more excellent and transcendent nature that the former , which is to have an influence into , and over-ruling power over all particular laws ( viz. ) an intention by the laws to procure and promote the publick good . the former intention binds , when it is subservient to the latter , or consistent with it , and consequently bindeth in ordinary cases , and in orderly times , or else the law is not a wholesome law. but when the observation of the law , by reason of the conjuncture of circumstances , or the iniquity of the times ( contingencies which no lawgiver could either certainly foresee , or if foreseen , sufficiently provide against ) would rather be prejudicial than advantageous to the publick ; or is manifestly attended with such inconveniencies and sad consequents to the observers , as all the imaginable good that can redound to the publick thereby , cannot in any reasonable measure countervail : in such case the law obligeth not , but according to the latter and more general intention only ; even as in the operations of nature , particular agents do ordinarily move according to their proper and particular inclinations ; yet upon some occasions , and to serve the ends and intentions of universal nature ( for the avoiding of some things which nature abhors ) they are sometimes carried with motions quite contrary to their particular natures ; as the air to descend , and the water to ascend for the avoiding of vacuity , &c. the common received maxim ( which hath been sufficiently misapplied , and that sometimes to very ill purposes since the beginning of these unhappy divisions ) in the true meaning of it looketh this way , salus populi suprema lex : the equity of which maxim , as it leaveth in the law-giver a power of dispensing with the law ( which is a suspending the obligation thereof for the time in respect of the proper and particular intention ) so he shall see it expedient in order to the publick good ; so it leaveth in the subject a liberty upon just occasions ( as in cases of great exigency , and for the preventing of such hazards and inconveniencies as might prove of noysome consequence to the publick ) to do otherwise than the law requireth . and neither is the exercise of that power in the lawgiver to be thought an unreasonable prerogative , nor the use of this liberty in the subject an unreasonable presumption ; inasmuch as the power of dispensing with particular laws is such a prerogative , as without which no commonwealth can be well govern'd , but justice would be turn'd into gall and wormwood : nor can the supream governour , without forfeiture of that faithfulness which he oweth to the publick weal , devest himself thereof . and he that presumeth of the law-givers consent to dispense with him for the observation of the law in such needful cases ( where he hath not the opportunity to consult his pleasure therein ) presumeth no more than he hath reason to do . for it may well be presum'd that the law-giver , who is bound in all his laws to intend the safety of the publick , and of every member thereof in his due proportion , hath no intention by the strict observation of any particular law , to oblige any person , who is a member of the publick , to his destruction or ruin , when the common good is not answerably promoted thereby : upon which ground it is generally resolv'd by casuists , that no constitution ( meerly humane ) can lay such obligation upon the conscience of the subject , but that we may ( according to the exigency of circumstances ) do otherwise than the constitution requireth , provided it be done extra casum scandali & contemptûs , i.e. without either bewraying in himself any contempt of the authority of the law-giver by his carriage , or giving any just occasion of scandal to others by his example in so doing . i have been somewhat the longer in explaining this point , not only for the better clearing of the present doubt , but also in respect of the usefulness of this consideration for the preventing and removing of many scruples that may happen to conscientious men in such times as these , wherein so many things are ( and are like to be ) commanded and forbidden contrary to the establish'd laws , and those ( as they are perswaded ) yet standing in force . the best rule that i know to guide men in their deliberations and actions in such emergent cases ( according to what hath been already delivered ) is advisedly and impartially to weigh the benefit & inconveniencies , as well on the one side , as on the other , as they stand in relation unto the publick good : and if after such examination and comparison made , it shall then evidently ( or but in the judgment of probability ) appear , that the observation of the law , according to the proper intention of the law-giver therein , though with hazard of estate , liberty , or even life it self , hath a greater tendency to the publick good , and the preservation of church or commonwealth in safety , peace , and order , than the preventing of the foresaid hazards , or other evil consequents , by doing otherwise than the law requireth , can have ; or ( which cometh to one ) if the violating of the law shall then to be more prejudicial to the publick good , than the preservation of the subject's estate , liberty , or life can be beneficial hereunto : in such case the subject is bound to hazard all he hath , and undergo whatsoever inconveniencies and calamities can ensue thereupon , rather than violate the law with contempt of that authority to which he oweth subjection . but if it shall ( after such comparison made ) evidently ( or but more probably than the contrary ) appear , that that preservation of such a persons life , liberty , estate , would more benefit the church or commonwealth , than the punctual observation of the law at that time , and with those circumstances , would do ; it were an unseasonable , unreasonable , and pernicious scrupulosity for such a person to think himself in such a case obliged for the observing of the law ( perhaps but once or twice ) with little or no benefit to the publick , to ruin himself , whereby to render himself unuseful and unserviceable to the publick for ever hereafter . to bring this discourse home , and to apply it to the business now under dispute . suppose we ten , twenty , or one hundred godly ministers , well affected to the establish'd liturgy , and actually possess'd of benefices , with the charge of souls thereto belonging , should , thinking themselves in conscience obliged to the use of the whole form of the book , as is by the act appointed , without any addition , omission , or alteration whatsoever ( notwithstanding the present conjuncture of affairs ) resolve to use the same accordingly , it would be well considered what the effects and consequents thereof would be . besides other evils , these three are visible , which must all unavoidably follow one upon another , if any body shall be found ( as doubtless within short time there will be found one or other ) to inform and prosecute against them . 1. the utter undoing of so many worthy persons , fit to do god and his church good service , together with all those persons that depend upon them for their livelyhood , by putting the fruits of their benefices , wherewith they should buy themselves bread , under sequestration . 2. the depriving of those persons of the opportunity of discharging the duties that belong unto them in their ministerial calling , in not permitting them , after such sequestration , to teach or instruct the people belonging to their charge , or to exercise any thing of their function publickly in the church . 3. the delivering over the sheep of christ , that lately were under the hands of the faithful shepherds , into the custody of ravenous wolves , when such guides shall be set over the several congregations , as will be sure to mis-teach them one way or other ( viz. ) either by instilling into them puritanical and superstitious principles , that they may the more securely exercise their presbyterian tyranny over their judgments , consciences , persons , and estates , or else by setting up new lights before them , to lead them into a maze of anabaptistical confusion and frenzy . these consequents are so heavy to the sufferers , so certain to ensue upon the use of common prayer , and so much without the power of the law-givers ( in this state of affairs ) either to prevent or remedy , that it is beyond the wit of man what benefit to the publick can accrue by the strict observation of the act , that may in any proportion countervail these mischiefs . in which case , that man must needs suppose a strange austerity in the law-giver , that dares not presume of his consent to disoblige him ( for the time ) from observing the same . it would be also well considered , whether he that by his own over-nice scrupulosity runs all these hazards , be not ( in some measure ) guilty of his own undoing , of deserting his station , and of betraying his flock , and do not thereby lose much of that comfort which a christian confessor may take in his sufferings , when they are laid upon him by the hand of god , and not pull'd upon himself by his own hands . and more i shall not need to say as to that first objection . the next thing objected is , the danger of the scandal that others might be ready to take at the example , who seeing the law so little regarded by such men ( men that have cure of souls , and perhaps also of some eminency and esteem in the church , and whose example will be much look'd upon ) will be easily encourag'd by this example to set light by all authority , and to take the liberty to obey and disobey the laws of their soveraign at their pleasure . but this objection , after we are once satisfied concerning the former , need not much trouble us . for , 1. it seemeth an unreasonable thing in cases of great exigence ( such as we now suppose ) that the fear of scandalizing our weak brethren ( which is but debitum charitatis only ) should lay upon us a peremptory necessity of observing the law punctually , whatsoever inconveniencies and mischiefs may ensue thereupon : when the duty of obedience to our known governours ( which is debitum justitiae also , and therefore more obligatory than the other ) doth not impose that necessity upon us ; as hath been already shewn . 2. besides , arguments drawn from scandal in things neither unlawful nor ( setting the reason of scandal aside ) inexpedient , as they are subject to sundry frailties otherwise , so they are manifestly of no weight at all , when they are counterpois'd with the apparent danger of evil consequents on the other side . for in such cases there is commonly equal danger ( if not rather something more ) of scandal to be taken from the example the quite contrary way . we may see it in debating the point now in hand : it is alledged on the one side , that by laying aside the use of the common prayer , men that are over scrupulous will be encourag'd to take a greater liberty in dispensing with the laws ( to the despising both of laws and governours ) than they ought . and why may it not , by the same reason , be as well alleg'd on the other side , that by holding up a necessity of using the common prayer , men that have tender consciences may be induc'd to entertain scruples ( to their utter undoing , and to the destruction of their people ) when they need not ? 3. but that in the third place , which cometh up home to the business , and taketh off the objection clearly , is this , that in judging cases of scandal , we are not so much to look to the event , what it is , or may be , as to the cause , whence it cometh . for sometimes there is given just cause of scandal ; and yet no scandal followeth , because it is not taken : sometimes scandal is taken , and yet no just cause given : and sometimes there is both cause of scandal given , and scandal taken thereat . but no man is concern'd at any scandal that happeneth to another by occasion of any thing done by him , neither is chargeable with it farther than he is guilty of having given it . if then we give scandal to others , and they take it not , the whole guilt is ours , and they are faultless . if we give it , and they take it , we are to bear a share in the blame as they , and that a deep share ; ( vae homini , wo to the man by whome the offence cometh , matth. 18.7 . ) but if they take offence when we give none , it is a thing we cannot help , and therefore the whole blame must lie upon them . wherefore , if at any time any doubt shall arise in that case of scandal , how far forth the danger thereof may obligue us to the doing or not doing of any thing propos'd ; the resolution will come on much the easier , if we shall but rightly understand what it is to give scandal , or how many ways a man may become guilty of scandalizing another by his example . the ways ( as i conceive ) are but these four . 1. when a man doth something before another , which is in it self evil , unlawful , and sinful . in which case , neither the intension of him that doth it , nor the event as to him that seeth it done , is of any consideration : for it matters not whether the doer hath an intention to draw the other into sin , or not ; the very matter and substance of the action being evil , and done before others , is sufficient to render the doer guilty of having given scandal , though neither he had intention himself so to do , nor was any other person actually scandaliz'd thereby : because whatsoever is in its own nature evil , is of it self , and in its own nature scandalous , and of ill example . thus did hophni and phineas , the sons of eli , give scandal by their wretched prophaneness and greediness about the sacrifices of the lord , and their shameless abusing the women . and so did david also give great scandal in the matter of vriah , 2 sam. 12. 14. here the rule is , do nothing that is evil , for fear of giving scandal . 2. the second way is , when a man doth something before another with a direct intention and formal purpose of drawing him thereby to commit sin . in which case neither the matter of the action , nor the event is of any consideration : for it makes no difference as to the sin of giving scandal , whether any man be effectually entic'd to commit sin or not thereby ; neither doth it make any difference , whether the thing done were in it self unlawful , or not , so as it had an appearance of evil , and from thence an aptitude to draw another by the doing of that ( by imitation ) which should be really and intrinsecally evil . the wicked intention alone ( whatsoever the effect should be , or what means soever should be us'd to promote it ) sufficeth to induce the guilt of giving scandal upon the doer . this was ieroboam's sin , in setting up the calvos , with a formal purpose and intention thereby ( for his own secular and ambitious ends ) to corrupt the purity of religion , and to draw the people unto idolatrous worship . for which cause he is so often stigmatiz'd with it , as a note of infamy , to stick by him whilst the world lasteth , being scarce ever-mention'd in the scripture , but with this addition , jeroboam the son of nebat , which made israel to sin . here the rule is , do nothing , a good or evil , with an intention to give scandal . 3. the third way is when a man doth something before another , which in it self is not evil , but indifferent , and so according to the rule of christian liberty , lawful for him to do , or not to do , as he shall see cause ( yea , and perhaps otherwise commodious and convenient for him to do ) yet whereas he probably foreseeth that others will take scandal , and be occasioned thereby to do evil . in such a case , if the thing to be done be not in some degree prudentially necessary for him to do , but that he might , without very great inconvenience or prejudice to himself or any third person , leave it undone : he is bound in charity to his brother's soul ( for whom christ died ) and for the avoiding of scandal , to abridge himself in the exercise of his christian liberty for that time , so far as rather to suffer some inconvenience himself by the not doing of it , than by the doing of it to cause his brother to offend . the very case which is so often , so largely , and so earnestly insisted upon by st. paul. see rom. 14.13,21 . rom. 15.1 , 3. 1 cor. 87 , 13. 1 cor. 9.12 , 15 , 19 , 22. 1 cor. 10.23.33 . here the rule is , do nothing that may be reasonably forborn , whereat scandal will be taken . 4. the last way is , when a man doth somthing before another , which is not only lawful , but ( according to the exigencies of present circumstances ) pro hic & nunc very behoofful , and even prudentially necessary for him to do , but foreseeth that the other will be like to make an ill use of it , and take encouragement thereby to commit sin , if he be not withal careful , as much as possibly in him lieth , to prevent the scandal that may be taken thereat : for , qui non prohibet peccare , cum potest , jubet . in such case the bare neglect of his brother , and not using his utmost endeavour to prevent the evil that might ensue , maketh him guilty . upon which consideration standeth the equity of the judicial law given to the jews , which ordered , that in case a man dig a pit for the use of his family , and looking no farther than his own convenience , put no cover upon it , and leave it open , whereby it hapneth his neighbours beast to fall thereinto and perish , the owner of the pit is to make it good , inasmuch as he was the occasioner of that loss to his neighbour , which he might and ought to have prevented . here the rule is order the doing of that , which may not be well left undone , in such sort that no scandal ( so far as you can help it ) may be taken thereat . to apply this . the thing under debate , viz. the action propos'd to present enquiry is , the laying aside the common prayer , being enjoyn'd by law , and using instead thereof some other form of church service of our own devising . and the enquiry concerning it is , whether it may be done with a good conscience in regard of the scandal that is given , or at least may be taken thereat , yea or no ? now forasmuch as in this enquiry we take it for granted , that the thing to be done is not in its own nature simply evil , but rather in this state of affairs prudentially necessary ; and that they who make scruple at it upon the point of scandal , have not the least intention of drawing other of the laws into contempt , or their brethren into sin by their example . it is manifest that three of the now mention'd cases , with the rules to each of them appending , are not pertinent to the present enquiry . but since the last of the four only proveth to be our case , we have therefore no more to do for the setling of our judgments , and quieting of our consciences , and the regulating of our practice in this affair , than to consider well what the rule in this case given obligeth us unto ; which is not to leave the action undone for the danger of scandal , which ( besides the inconveniencies formerly mention'd ) would but start new questions , and those beget more to the multiplying unnecessary scruples in infinitum : but to order the doing of it so , that ( if it were possible ) no scandal at all might ensue thereupon , or at least wise not by our default , through our careless or undiscreet managery thereof . even as the jew that stood in need to sink a pit for the service of his house or ground , was not ( for fear his neighbours beast should fall into it , and be drown'd ) bound by the law to forbear the making of it , but only to provide a sufficient cover for it , where he had made it . the thing then in this case is not to be left undone , when it so much behoveth us to do it ; but the action to be carried on ( for the manner of doing , and in all respects and circumstances thereunto belonging ) with so much chariness and tenderness , moderation and wisdom ( to our best understanding ) that the necessity of our so doing , with the true cause thereof , may appear to the world , to the satisfaction of those that are willing to take notice of it ; and that such persons as would be willing to make use of our ensample to do the same thing , where there is not the same necessity , may do it upon their own score , and not be able to vouch our practice for their excuse ; which how it may be best done for particular directions , every charitable and conscientious man must ask his own discretion . some general helps thereunto i shall lay down in answering the next objection , where they would fall in again not improperly , and so stop two gaps with one bush. the last objection is that of shism . the objectors hold all such persons as have oppos'd either liturgy or church government , as they were by law establish'd within this realm , for no better than schismaticks ; and truly i shall not much gain-say it . but then they argue , that for them to do the same thing in the publick worship of god that schismaticks do ( and for doing whereof especially it is that they avow them schismaticks ) would ( as they conceive ) involve them in the schism also , as partakers thereof in some degree with the other : and their consciences also would , from rom. 14.22 . condemn them either of hypocrisie , in allowing that in themselves , and in their own practice , which they condemn in others ; or of uncharitableness , in judging others as schismaticks for doing but the same thing which they can allow themselves to practise . for all that such persons , as they call schismaticks , do in this matter of the church service , is but to leave out the churches prayers , and to put in their own . or say , this should not make them really guilty of the schism they so much detest , yet would such their symbolizing with them seem at least a kind of unworthy compliance with them , more than could well become the simplicity of a christian , much less of a minister of the gospel , whose duty it is to shun even the least appearance of evil . besides , that by so doing they should but confirm such men in their schismatical principles and practice . this objection hath 3 branches . to the first whereof i oppose the old saying , duo cum faciunt idem , non est idem ; which , although spoken quite to another purpose , yet is very capable of such a sense which will very well fit our present purpose also . i answer therefore in short . to do the same thing that schismaticks do ( especially in time of confusion , and till things can be reduc'd unto better order , and when men are necessitated thereunto to prevent greater mischiefs ) doth not necessarily infer a partaking with them in schism , no , nor so much as probably , unless it may appear upon probable presumption otherwise , that it is done out of the same schismatical spirit , and upon such schismatical principles as theirs are . the other two branches ( viz. that of seeming compliance with schismaticks , and that of the ill use they make of it to confirm them in their schism ) do upon the matter fall in upon the aforesaid point of scandal , and are in effect but the same objection , only put into a new dress , and so have receiv'd their answer already . and the only remedy against both these fears ( as well that of scandal , as this of schism ) is the same which was there prescrib'd , even to give assurance to all men , by our carriage and behaviour therein , that we do not lay aside common prayer of our own accord , or out of any dislike thereof , neither in contempt of our rightful governours , or of the laws , nor out of any base compliance with the times , or unworthy secular own ends , nor out of any schismatical principles , seditious designs , or innovating humour ; but meerly enforc'd thereunto by such a necessity , as we cannot otherwise avoid in order to the glory of god , and the publick good , for the preservation of our families , our flocks , and our functions : and that with the good leave and allowance ( as we have great reason to believe ) of such as have power to dispense with us and the laws in that behalf . this if we shall do bonâ fide , and with our utmost endeavours , in singleness of heart , and with godly discretion , perhaps it will not be enough to prevail with either the censure of inconsiderate and inconsiderable persons , or the ill use that may be made of our example , through the ignorance or negligence of some ( scandalum pusillorum ) or through the perversness and malice of others ( scandalum pharisaeorum ) as the schools term them : but assuredly it will be sufficient in the sight of god , and the witness of our own hearts , and to the consciences of charitable and considering men , to acquit us clear of all guilt , either of scandal or schism in the least degree . which we may probably do by observing these ensuing , or such other like general directions ( the liberty of using such meet accommodations , as the circumstances in particular cases shall require , evermore allowed and reserved ) . viz. 1. if we shall decline the company and society of known schismaticks , not conversing frequently or familiarly with them , or more than the necessary affairs of life , and the rules of neighbourhood and common civility will require ; especially not to give countenance unto their church assemblies , by our presence among them , if we can avoid it . 2. if we shall retain , as well in common discourse , as in our sermons and holy offices of the church , the old theological and ecclesiastical terms and forms of speech , which have been generally received and used in the churches of christ , which the people are well acquainted with , and are wholsome and significant , and not follow our new masters in that uncouth affected garb of speech , or canting language rather ( if i may so call it ) which they have of late taken up , as the signal distinction and characteristical note of that , which in that their new language they call the godly party , or communion of saints . 3. if in officiating we repeat not only the lord's prayer , the creed , the ten commandements , and such other passages in the common prayer book , as ( being the very words of scripture ) no man can except against ; but so much of the old liturgy besides , in the very words and syllables of the book , as we think the ministers of state in those parts wherein we live will suffer , and the auditory , before whom we officiate , will bear ; sith the officers in all parts of the land are not alike strict , nor the people in all parishes alike disaffected in this respect . 4. if , where we must of necessity vary from the words , we yet follow the order of the book in the main parts of the holy offices , retaining the substance of the prayers , and embellishing those of our own making , which we substitute into the place of those we leave out , with phrases and passages taken out of the book in other places . 5. if , where we cannot safely mention the particulars mentioned in the book ( as namely in praying for the king , the queen , the royal progeny , and the bishops ) we shall yet use in our prayers some such general terms , and other intimations devised for that purpose , as may sufficiently convey to the understanding of the people what our intentions are therein , and yet not be sufficient to fetch us within the compass of the ordinance . 6. if we shall in our sermons take occasion now and then , where it may be pertinent , either to discover the weakness of the puritan principles and tenets to the people ; or to shew out of some passages and expressions in the common prayer , the consonancy of those observations we have raised from the text , with the judgment of the church of england : or to justifie such particular passages in the letany , collects , and other parts of our liturgy as have been unjustly quarell'd at by presbyterians , independents , anabaptists , or other ( by what name or title soever they are called ) puritan sectaries . thus have i freely acquainted you both with my practice and judgment in the point propos'd in your friend's letter . how i shall be able to satisfie his or your judgment in what i have written , i know not ; however , i have satisfied both your desire and his in writing , and shall rest your brother and servant in the lord , rob. sanderson . pax ecclesiae . by the right reverend father in god robert sanderson , late lord bishop of lincoln . london , printed for richard marriott 1678. pax ecclesiae . all the decrees of god are eternal , and his counsels therein unsearchable . in eternals there is neither prius , nor posterius ; and ergo considered in themselves , and as they are in god , all the decrees of god concerning the whole course of man's salvation , are simul & semel ; and because eternal , ergo also coeternal . yet considered either in regard of their objects , or respectively to our apprehensions , there must some order be conceived among them , whereby one may be said to be before or after another ordine naturae , & ordine intelligendi . for as in order of nature the intention of the end is before the deliberation concerning the means , the causes before the effect , the subject before the properties and accidents , &c. so we are not able to conceive of the decrees of god , unless we rank them in some such order , as seemeth most agreeable to the condition of their proper objects ; as ex . gr . those wherein the end , or cause , or subject is decreed , to be ordine intelligendi before these , wherein are decreed the means , effects , or accidents . but because the counsels of god herein are incomprehensible and unsearchable to our weak and finite understandings , it hence cometh to pass , 1. that they who have the greatest serenity of natural understanding , and the largest measure of divine revelation withal , must yet confess the unfathomed depth of the judgments and ways of god , which are abyssus multa , rather to be admired than searched into ; so as they are not to hope or look after such a way of opening these mysteries , as shall be quietativa intellectus , so totally and absolutely , but that some difficulties will still remain , to make us cry out with st. paul , o altitudo ! otherwise these great and hidden mysteries of god should be no mysteries . 2. that men , who cannot content themselves to be wise according to sobriety , whilst they have thought by searching into the counsels of god , to bring the mysteries of faith within the comprehension of reason , have become vain in their imaginations , and enwrapped themselves unawares in perplexed and inextricable difficulties : for the unwinding themselvs where-from , they have been afterwards sometimes driven to devise and maintain strange opinions , of very perillous and noysome consequence , which hatch been the original of most heresies and schisms in the church . 3. that men also of sober understandings , & keeping within the due bounds of their gifts and callings , yet by reason of the great difficulties of the things themselves , have much differed , and still will do in their judgments and opinions one from another , in the ordering of god's decrees concerning man's salvation , each man abounding in his own sense , and following that way which seemeth to him clogged with the least and fewest difficulties , according as he apprehendeth them ; although perhaps in rei veritate , or at the least in the apprehension of another man , those very difficulties may be more and greater . hence the many differences among the protestants , between lutherans and calvinists ; among the romanists between the iesuites and dominicans and each of these again subdivided ; concerning predestination and reprobation ; the power of man's free-will ; the necessity , efficacy , and extent of divine grace ; the concurrence of grace with free-will ; the universality and application of christ's death , and some other points of like nature . the premisses considered , that amid , and notwithstanding all this variety of opinions , there may yet be preserved in the church the unity both of faith and charity , these few things seem to me to be of profitable and important consideration . 1. that particular churchs would be as tender as may be in giving their definitions and derminations in such points as these ; not astricting those that live therein determinately either to the affirmative or negative , especially where there may be admitted a latitude of dissenting without any prejudice done either to the substance of the catholick faith , or to the tranquillity of the church , or to the salvation of the dissenter . in which respect the moderation of the church of england is much to be commended , and to be preferred , not only before the roman church , which with unsufferable tyranny bindeth all her children , upon pain of damnation , to all her determinarions , even in those points , which are no way necessary to salvation ; but also before sundry other reformed churches , who have proceeded further this way than our church hath done . 2. when by reason of the important contentions and wranglings of learned men in particular churches , about points yet undetermined therein , differences shall be so far prosecuted , as to come to open sideings , and part-takings , and factions ( as it happened in the netherland churches between the remonstrantes , & contra-remonstrantes ) so as for the composing of the differences , and the maintenance of the publick peace and tranquillity of the church , it shall be needful for those churches synodically to determine something in those points ; that yet they would then also proceed no farther in their determinations , than the present necessity should enforce them ; not requiring men ( specially in points of lesser consequence ) to give , and by oath , subscription , or other like means , to witness their express positive assent to such determinations ; but permitting them to enjoy their own private opinions in their own private bosoms , so long as they keep them to themselves , and do not by venting them unseasonably , disquiet the peace of the church therewithal . 3. that catechisms , for so much as they are intended for the instruction of children and ignorant persons in the first principles of christian religion , should not be farced with school-points and private tenets ; but contain only clear and undoubted truths , and such as are necessary unto christian edification either in faith or life : the rest either altogether omitted , or but occasionally and sparingly touched at , and not positively , and doctrinally , and conclusively delivered before the church have agreed upon them . 4. that private men would endeavour for so much ingenuity , as 1. to other mens speeches and writings ( especially where they intend to discourse but exotericè and popularly , not accurately and dogmaticè ) to afford a favourable construction , without taking advantage at some excesses in modo loquendi , or exceptions at some improprieties and acyrologies , so long as they are orthodox in the main substance of their discourse . 2. not to obtrude any tenet , as the received doctrine of any particular church , which either is not expresly contained in the publick confession of that church , or doth not apparently result thence by direct and immediate consequence ; though the wit of man make it seem at length , and by continuance of discourse to be probably deduced therefrom . 3. in their own writings to observe formam sanorum verborum , and to abstain not only from suspected opinions , but as much as may be also from phrases and speeches obnoxious to ill construction . for first it is not enough , much less a thing to be gloried in , for a man to be able by subtilty of wit to find loop-holes how to evade , and by colourable pretences to make that , which through heat of passion , or violence of opposition hath fallen from him unadvisedly , to seem howsoever defensible : but he should have a care to suffer nothing to pass from him , whereat an ingenuous and dispassionate adversary , though dissenting from him in opinion , should yet have cause to take distaste or exception . and besides , it were a thing of very dangerous consequence in the church , if every man should be suffered freely to publish whatsoever might by some strain of wit be made capable of a good construction , if of it self it sounded ill and suspiciously : for so notions of popish , or puritanical , or other heretical , schismatical opinions might unawares be conveyed into the minds , and impressions thereof insensibly wrought in the hearts of men , to the great damage of the church , and prejudice to the truth . 4. to acknowledge freely , and readily to revoke whatsoever either errour in re , or misprision in testimonio , or exorbitancy in modo loquendi , hath passed from their pen , when it shall be fairly shewed them , and their judgments convinced thereof , rather than to seek to relieve themselves by excuses , colours , or evasions . 5. that private men in particular churches , who dissent in points yet undetermined by the church , should not uncharitably entercharge each other with heresie or schism , or any such like imputation for so dissenting , so long as they both consent to the whole doctrine and discipline in the said church maintained and established . as ex . gr . in the points now so much debated among the divines of the church of england between the calvinists and arminians ( for i must take liberty for distinctions sake to express them by those names they usually bestow the one upon the other ) why should either those men on the one side be branded with popery , who misliking calvin's opinion , rather chuse to follow the arminian ; or those on the other side with puritanism , who finding less satisfaction in the way of arminius , rather adhere to calvin ? so long as both the one and the other do entirely , and freely , and ex animo subscribe to the articles of the common prayer book , and that of consecration , and do not rent the unity , or disturb the peace of the church by those differences . ii. periculum schismatis . forasmuch as here in england the differences , which before were but private concerning the points of arminianism , have been of late so far brought upon the publick stage , by occasion of the passages betwixt mr. mountague and his opposers , as that a dangerous schism is like to ensue thereupon , unless by the goodness of god , and the wisdome of the church and state , it be speedily prevented : those general directions now already laid down for the preservation of the churches peace , will not reach home for the securing of our peace , and preventing farther evils , as the case now standeth with us ; but it is needful the church should interpose herein , both by farther explanation of her doctrine in the points questioned , and by the exercise of her discipline upon such persons as will not rest in her determinations . and this necessity will the more appear , if we consider upon what advantages the arminian party hath , and yet doth gain strength to it self , viz. 1. the weakness of sundry of those exceptions , which were taken at mr. mountague's answer to the gagge , by those that first openly ingaged themselves for that business ; which hath not only brought prejudice to their persons , but also given disadvantages to the cause , even in those exceptions which were just and material . 2. the publishing of mr. mountague's appeal with allowance , which both hath given confidence to sundry , who before were arminians , but in secret , now to walk unmasked , and to profess their opinions publickly in all companies , and that with some disdain of opposition ; and doth also incourage sundry others to shew an inclination to that side , which they see to be countenanced in such publick sort . 3. the plausibleness of arminianism , and the congruity it hath in sundry points with the principles of corrupt nature , and of carnal reason . for it is a wonderful tickling to flesh and blood , to have the powers of nature magnified , and to hear it self flattered , as if she carried the greatest stroke in the work of salvation ; especially , when these soothings are conveyed under the pretence of vindicating the dispensations of god's providence from the imputation of injustice . 4. the harshness of that opinion which calvin and beza are said to have held , and many learned men in our church are said to have followed , concerning the decrees of reprobation and election , without respect had to adam in the one , or to christ in the other ; whereas the inconveniencies , which either do ensue , or seem to ensue upon the opinion , may be fairly waved another way , and yet without arminianism . 5. the manifold cunning of the arminians to advance their own party , as viz. 1. in pleading for a liberty for every man to abound in his own sense in things undetermined by the church , that so they may spread their own tenets the more freely ; whereas yet it is too apparent by their writings and speeches , that their intent and indeavour is to take the benefit of this liberty themselves , but not to allow it to those that dissent from them . 2. in bragging out some of their private tenets , as if they were the received established doctrine of the church of england , by forcing the words of the articles or common prayer book to a sense , which appeareth not to have been intended therein , as mr. mountague hath done in the point of falling from grace . whereas the contrary tenet , viz. of the final perseverance of the righteous in grace and faith , may be by as strong evidence every way , and by as natural deducement collected out of the said books , as shall be easily proved , if it be required . 3. in seeking to derive envy upon the opposite opinions , by delivering them in terms odious , and of ill and suspicious sound ; as viz. irresistibility of grace , irrespective decree , &c. whereas the soberer divines of the opposite party ordinarily do not use those terms , nor yet well approve of them , unless understood cum grano salis . but themselves rather are so exorbitant in their phrases and terms , as it were well if a good quantity of salt could so correct some of them , as to render them , if not wholesome , at least savoury . 4. which is the most unjust and uncharitable course of all the rest , and whereby yet i verily think they have prevailed more than by all the rest , in seeking to draw the persons of those that dissent from them into dislike with the sate , as if they were puritans , or disciplinarians , or at least that way affected . whereas 1. the questions in debate are such , as no way touch upon puritanism , either off or on . 2. many of the dissenters have as freely and clearly declared their judgments , by preaching and writing against all puritanism , and puritanical principles , both before and since they were interessed in these controversies , as the stoutest arminian in england hath done . i am not able to pronounce absolutely neither of other men ; but so far as hath occurred to my observation , i dare say it , i find more written against the puritans , and their opinions , and with more real satisfaction , and upon no less solid grounds , by those that have , and do dissent from the arminian tenets , than by those that have or do maintain them . could that blessed arch-bishop whitgift , or the modest and learned hooker have ever thought , so much as by dream , that men concurring , with them in opinion , should for some of these very opinions be called puritans ? iii. series decretorum dei. sithence most of the differences now in question do arise from the different conceits which men have concerning the decrees of god about man's salvation , and the execution of those decrees ; it could not but be a work of singular use for the composing of present , and the preventing of farther differences , if some learned and moderate men ( all prejudice and partiality laid aside ) would travel with faithfulness and sobriety in this argument , viz. to order those decrees consonantly to the tenor of scripture , and the doctrine of the ancient church , as to avoid those inconveniencies into which the extreme opinions on both hands run . for , considering often with my self , that the abettors of either extreme are confirmed in their opinions , not so much from the assurance of their own grounds , as from the inconveniencies that attend the opposite extreme : i have ever thought that a middle way between both might be fairer and safer to pitch upon , than either extreme . what therefore upon some agitation of these points , both in argument with others upon occasion , and in my private and serious thoughts , i have conceived concerning the ordering of god's decrees , desiring ever to keep my self within the bands of christian sobriety and modesty , i have at the request of some friends here distinctly laid down , not intending hereby to prescribe unto other men , nor yet to tie my self to mine own present judgment , if i shall see cause to alter it ; but only to present to the abler judgments of some learned friends that way , which hath hitherto given me better satisfaction than any other , and which i have not yet observed to be subject to so great difficulties and inconveniencies , neither in the substance of the matter , nor in the manner of explication , as the ways , which either the rigid calvinists , or the arminians have taken . quaere then , whether or no the eternal decrees of god concerning man's salvation may not be conveniently conceived in this order , viz. that he decreed 1. to make himself glorious by communicating his goodness in producing powerfully , and ex nihilo , a world of creatures , and among the chiefest of them man , endued with a reasonable soul , and organical body , as a vessel and subject capable of grace and glory . 2. to enter into a covenant with this reasonable creature ( commonly called the first covenant of works ) to bestow upon him life and glory , if he should continue in his obedience ; but if otherwise , then not only to be deprived of the blessedness covenanted , but also and instead thereof to be punished with actual misery and eternal death . 3. after this covenant made , to leave man in manu consilij sui , by the free choice of his own will , to lay hold either on life by obedience , or by transgression on death . 4. to permit man thus left to himself to fall into sin , and so to cast himself out of that covenant into a state of misery , and corruption , and damnation ; with a purpose in that permission to serve himself of mans fall , as a fit occasion whereby to magnifie himself , and his own glory yet farther , in the manifestation of his infinite both justice and mercy . 5. that the whole species of so noble a creature might not perish everlastingly , and without all remedy , to provide for mankind ( pro genere humano ) a most wise , sufficient , and convenient means of reparation , and redemption , and salvation , by the satisfactory and meritorious death and obedience of the incarnate son of god , jesus christ , god blessed for ever . 6. in this jesus , as the mediator , to enter into a second covenant with mankind ( commonly called the new covenant , or the covenant of grace ) that whosoever should lay hold on him by a true and steadfast faith , should attain remission of sins , and eternal life ; but he that should not believe , should perish everlastingly in his sins . 7. lest this covenant should yet be ineffectual , and christ die in vain , because left to themselves , especially in this wretched state of corruption , none of the sons of adam could de facto have repented and believed in christ , for the glory of his grace , to elect and cull a certain number of particular persons out of the corrupted lump of mankind , to be advanced into this covenant , and thereby entitled unto salvation ; and that without any cause or motive at all in themselves , but meerly ex beneplacito voluntatis , of his own free grace and good pleasure in jesus christ , pretermitting and passing by the rest to perish justly in their sins . 8. to confer in due season upon the persons so elected , all fit and effectual means and graces needful for them unto salvation , proportionably to their personal capacities and conditions ; as namely , 1. upon infants that die before the use of reason , the sacrament of christian baptism , administred and received in the name and faith of the chuch , with sacramental grace to such persons , as for the want of the use of reason never come to be capable of the habitual or actual graces of faith , repentance , &c. we are to judge to be sufficient for their salvation . 2. upon men that come to the use of reason sooner or later , such a measure of faith in the son of god , of repentance from dead works , of new and holy obedience to god's commandments ( together with final perseverance in all these ) as in his excellent wisdom he seeth meet , wrought and preserved in them outwardly by the word and sacraments , and inwardly by the operation of his holy spirit shed in their hearts , whereby sweetly and without constraint , but yet effectually , their understandings , wills and affections are subdued to the acknowledgment and obedience of the gospel ; and both these are done ordinarily , and by ordinary means . 3. into some men it may be , and extraordinarily ( especially in the want of ordinary means ) god may infuse faith , and other graces accompanying salvation , as also ( modo nobis incognito ) make supply unto infants unbaptized some other way , by the immediate work of his holy and almighty spirit , without the use of the outward means of the word and sacraments . of which extraordinary work we cannot pronounce too sparingly ; the special use whereto it serveth us , being the suspending of our censures , not rashly to pass the sentence of damnation upon those infants , or men , that want the ordinary outward means , since we are not able to say , how god in his infinite power can , and how in his rich mercy he hath , doth , or will deal with them . 9. thus much concerning the salvation of those whom god hath of his free grace elected thereunto . but with the reprobates , whom he hath in his justice appointed to destruction , he dealeth in another fashion ; as concerning whom he hath decreed either 1. to afford them neither the extraordinary , nor so much as but the outward and ordinary means of faith : or else 2. in the presence of the outward means of the word and sacraments to withhold the inward concurrence of his enlightning and renewing spirit to work with those means , for want whereof they become ineffectual to them for their good , working upon them either malignantly , so as their hearts are the more hardened thereby in sin and unbelief , or infirmly , so as not to work in them a perfect conversion , but to produce instead of the gracious habits of sanctification , as faith , repentance , charity , humility , &c. some weak and infirm shadows of those graces , which for their formal semblance sake do sometimes bear the name of those graces they resemble , but were never in the mean time the very true graces themselves , and in the end are discovered to have been false , by the want of perseverance . iv. vtilitas hujus seriei . this way of ordering the decrees of god , besides that it seemeth to be according to the mind of the scriptures , and to hold correspondency more than any other , as well with the writings of the ancient doctors of the church , especially of st. augustine and those that followed him , as with the present doctrine contained in the articles and liturgy of the church of england : it hath also three notable commodities , viz. 1. hereby are fairly avoided the most and greatest of those inconveniences into which both extremes run , or at the least which either extreme presseth sore upon the opposite extreme . the arminian accusing the rigid calvinist as a betrayer of the justice of god , for placing the decree of reprobation before that of adam's fall ; and being again accused by him as an enemy to the grace of god , for making the efficacy thereof to depend upon man's free will. whereas both the glory of the justice of god , and the efficacy of the grace of god , are preserved entire by following this middle way . for , 1. there can lie no imputation upon the justice of god , though he have reprobated some , and elected others , who were both equal in the sinful mass of corrupt nature ; rather his mercy is to be magnified , in that he hath not reprobated all : which if he had done , his justice must yet have stood clear , though examined but even at the bar of humane reason , for so much as all had deserved to be reprobates , and that most justly for their sin in adam . they that make the decree of reprobation to precede all respect to the fall , are put to many difficulties how to express themselves so as to avoid cavil ; and much ado they have to assert the decrees of god from being howsoever unjust , being enforced to succour the justice of god , by flying to that absolute right and power he hath in and over the creature : whereas this way cutteth off an hundred of those cavils the arminians commonly use , and justifieth the proceedings of our most righteous god in all respects so clearly , that his justice , both in the decrees themselves , and in the execution thereof , is not only apparent , but also illustrious and glorious . 2. no impeachment is done to grace by magnifying nature , or to the efficacy of grace , by enlarging the powers of free-will . for whereas in very truth the arminians cannot , with all their subtil distinctions , and nice modifications escape it ; but , when they have done and said what they can , they must stand guilty of symbolizing with the pelagians both in their principles and conclusions , in giving man's will ( and not god's grace ) the chiefest stroke , and the deciding , and last determinating , and casting power in the work of conversion : by this way the will of man is so freed from all coactive necessity in the coversion of a sinner , as that yet the effect it self dependeth not upon the determination of the will , as the immediate and prime cause , but upon the efficacy of grace powerfully enclining the will thereunto . 2. sundry passages in the scriptures , and in the writings of the fathers , which have in them some appearance of contradiction , may by following this way be easily reconciled , and the sense of those passages oftentimes preserved even to the letter , which by those that take the extreme ways , cannot be done so handsomly , nor without imposing upon the words a more remote and improper , if not sometimes a strained and enforced sense ; as viz. 1. those places that speak of election , as in , and by , and through christ , making him the foundation of that also , as of every other grace , with those that speak of it , as issuing from the meer free pleasure and absolute will of god. 2. those places that extend the fruit of christ's death , and the benefit of the new covenant to the whole world of mankind , with those that restrain them to the elect only . 3. those places that ascribe the whole course of man's salvation , from his first calling unto grace , untill his final consummation in glory , to the sole effectual working of the holy ghost , with those that attribute something or other therein , more or less , to the power and exercise of man's free-will . 4. those places that speak of the acts of justification and sanctification , or of the habits of faith , and love , and other inherent graces , as peculiar to the elect only , with those that speak of them as common to the elect with cast-aways . 5. those places that speak of the said gracious habits as permanent , as neither subject to a total intercision , nor possible to be finally lost , with those that speak of them as casual , and such as may be lost , either finally or totally , or both . 6. those places that speak of obduration , occecation , &c. so as if the blindness that is in the minds , and hardness that is in the hearts of wicked men were from god , with those that impute such blindness and hardness in men unto the wilfulness of their own corrupt hearts . 3. hence may be received good light for the cutting off of some , the moderating of other some , and the resolving of the rest of those questions which are now most in agitation , not only in the church of england , but in many foreign churches also , both popish and reformed , as viz. amongst others , these ; 1. whether christ was ordained a mediator in the intention of god for mankind indefinitely , or universally for all mankind , or only for the elect ? 2. whether all mankind have title to the second covenant , and to the promises and conditions therein proposed , or the elect only ? 3. whether the wicked , who are both disobedient and unbelievers , come under the sentence of condemnation formally , for their disobedience unto god in the breach of the first covenant , or for their unbelief , in not resting upon christ and the promises of the new covenant ? 4. in what comprehension man is to be considered as the object of predestination ? 5. whether or no god did elect men unto salvation in a certain and determinate number . 6. whether or no in electing men unto salvation god had respect unto christ ? 7. whether in electing some , and rejecting others , god was moved to decree as he did , from the faith or infidelity of the persons , or from any other thing whatsoever foreseen in them ? 8. whether the decrees of election reprobation be absolute and peremptory , and inalterable , by gods determination of them to a certain effect ; or so conditional and indeterminate , as that the performance , or non-performance of something required on our part , may either establish or annull them ? quod est quaerere , whether an elect person , by disobedience and unbelief , can cut off himself from the covenant of grace , as to be damned ; or a reprobate by faith and repentance , so lay hold on the covenant , as to be saved ? 9. whether a man by the power of his free-will can lay hold on christ by faith , and convert himself from sin by repentance and new obedience , without the grace of special illumination from the holy spirit of god ? 10. whether the right use of naturals be any cause to induce god to confer upon any man sufficient grace for his conversion ? 11. whether the same grace of spiritual illumination , which is sufficient and effectual for the conversion of one man , can in the same measure be effectual to another for his conversion ? 12. whether the efficacy of the grace of conversion depend upon the determination of man's free-will , so as by resisting to make it ineffectual ? 13. whether justification and sanctification be proper to the elect only ? 14. what measure of assurance we have concerning the justification of infants born of christian parents , and rightly baptized , before they come to the use of reason to commit actual sin ? 15. what measure of assurance we have concerning the salvation of such infants , so baptized , if they die before they come to the use of reason ? 16. whether a person once truly justified by his own actual faith , and sanctified with the spirit of holiness , can fall wholly from the state of grace , into the state of sin , in a total loss of faith , and other habitual graces ? 17. whether a person so justified and sanctified , can at the last fall away finally , and be damned ? concerning all which , and sundry other questions of like nature and use , albeit it would require a large treatise to give them but a right stating , much more a just discussion , yet the due consideration of the nine points premised in the former section , concerning the order of god's decrees , may give us some light into them all ; if not so far ( especially in some of them ) as to settle our judgments in a certain and infallible resolution , yet so far at least , as to keep our understandings within some competent bounds of sobriety and truth , that we neither lose our selves in curious enquiries to little purpose , nor suffer our judgments to be envenomed with the poison either of rank pelagian heresie , or semi-pelagian popery , or quarter pelagian and arminian novelty . bishop sanderson's judgment in one view for the settlement of the church . london , printed for richard marriott . 1678. bishop sanderson's judgment in one view . quest. how far we may indulge good and godly men of tender consciences dissenting from us in liberty of conscience . answ. first , besides that all parties pretend to godliness , papists , anabaptists , and what not ? ( even the late sprung up generation of levellers , whose principles are so destructive of all that order and justice by which publick societies are supported , do yet style themselves , as by a kind of peculiarity , the godly : ) and that secondly , it is the easiest thing in the world , and nothing more common , than for men to pretend conscience when they are not minded to obey . i do not believe thirdly ( though i am well perswaded of the godliness of many of them otherwise ) that the refusal of indifferent ceremonies enjoyned by lawful authority , is any part of their godliness ; or any good fruit , evidence , or sign thereof . but certain it is fourthly , that the godliest men are men , and know but in part ; and by the power of godliness in their hearts , are no more secured from the possibility of falling into errour through ignorance , than from the possibility of falling into sin through infirmity . and as for tenderness of conscience fifthly , a most gracious blessed fruit of the holy spirit of god , where it is really , and not in pretence only , nor mistaken , ( for sure it is no very tender conscience , though sometimes called so , that straineth at a gnat , and swalloweth a camel : ) it is with it , as with other tender things , very subject to receive harm , and soon put out of order . through the cunning of satan , it dangerously exposeth men to temptations on the right hand ; and through its own aptitude to entertain and to cherish unnecessary scruples , it strongly disposeth them to listen thereunto so long , till at the last they are overcome thereof . needful it is therefore , that in the publick teaching the errours should be sometimes refuted , and the temptations discovered : and this ever to be done seasonably , soberly , discreetly , and convincingly ; and when we are to deal with men whose consciences are ( so far as we can discern ) truly tender , with the spirit of meekness and compassion . for tender things must be tenderly dealt withal , or they are lost . i know it is not always so done ; nor can we expect it should . all preachers are neither so charitable , nor so prudent , nor so conscientious as they should be : and they that are such in a good measure are men still ; and may be transported now and then through passion and infirmity , beyond the just bounds of moderation . quest. whether good men should be suspended from the exercise of their ministry , and deprived of their livelyhood for ceremonies , which are on all hands acknowledged indifferent : and indeed in comparison to the work of the ministry are but trifles , however some men dote on them ? answ. let ceremonies ( secondly ) be as very trifles , as any man can imagine them to be ; yet obedience sure is no trifle . they mis-state the question , when they talk of pressing ceremonies . it is obedience ( formally ) that is required : ceremonies not otherwise pressed , than as the matter wherein that obedience is to be exercised . if a master appoint his servant to do some small matter that he thinketh fit to have done , though in it self of no great moment ; yet he will expect to be obeyed : and it is great reason he should . if in such case the servant should refuse to do the thing appointed , because he hath no mind thereunto ; and should receive a check or correction for such refusal : could he either sufficiently excuse his own fault , or reasonably complain of his master for dealing hardly with him , by saying the thing was but a trifle ? is it not evident , that the thing which made the master angry , and the servant an offender in that case , was not ( precisely and formally ) the leaving of the thing undone , ( which , had it not been commanded , might have been left undone without any fault or blame at all ; ) but the refusing to do it , when he that had a right to his service commanded him ? wherefore thirdly , that which is said of some mens doting so extremely on ceremonies , might have been well enough spared . i know no true son of the church of england , that doteth upon any ceremony , whatsoever opinion he may have of the decency or expediency of some of them . if any do , let him answer for himself . among wise men , he will hardly pass for a wise man , that doteth upon any . nor will he , i doubt , prove a much wiser man , that runs into the contrary extreme , and abhorreth all . it is true fourthly , that there have been long and unkind quarrels about these things ; more is the pity ! but where is the fault ? to whom is the beginning , and to whom the continuance of a quarrel rather imputable ? to him that demandeth his right ? or to him that withholdeth it from him ? for this is the plain case in short ; the bishops ( under the king ) require obedience to the laws ecclesiastical ; these men refuse to give it . so began the quarrel at first , and upon the same terms it continued . if the obedience challenged were indeed due to these laws , then did our brethren both begin the quarrel , and hold it on : if it were not , then must the whole blame lie upon them that claimed it unjustly , and not upon them . so that in the winding up of the business , the whole controversie will devolve upon this point , whether to the laws ecclesiastical obedience be due or not ? for the right determining whereof ( for so much as it is confest on all hands , that obedience is due to lawful autority commanding lawful things ) two other points are to be resolved ; the one cocerning the authority by which the constitutions were made ; the other concerning the lawfulness of the things therein required : the presbyterians of the kirk flatly and directly deny both : ours , less forward to declare their opinion in the former point , have chosen rather to stand upon the latter only . and so the point in issue is briefly this , whether the things commanded ( and particularly the ceremonies ) be lawful , yea or no. when for decency , order , or uniformities sake any constitutions are made concerning ceremonies , there is the same necessity of obeying such constitutions , as there is of obeying other laws made for the good of the commonwealth , concerning any other indifferent things . that such necessity , either in the one or the other , ariseth not properly from the authority of the immediate lawgiver ; but from the ordinance of god , who hath commanded us to obey the ordinance of men for his sake . that such necessity of obedience , notwithstanding the things remain in the same indifferency as before ; every way , in respect of their nature and quoad rem ( it being not in the power of accidental relations to change the natures of things ) and even in respect of their use , and quoad nos , thus far , that there is a liberty left for men , upon extraordinary and other just occasions , sometimes to do otherwise than the constitution requireth , extra casum scandali & contemptûs : a liberty which we dare not either take our selves , or allow to others , in things properly and absolutely necessary : upon which very account ( i mean the consideration of the indifferency of the things in themselves ) and upon which account alone it is , that many of the episcopal ( that is to say , the true english protestant ) divines , who sadly resent the voting down of the liturgy , festivals , and ceremonies of the church by so many former laws established , heartily desired heretofore the continuance , and as heartily still wish the restitution , and are ( by god's help ) ready with their tongues , pens , and sufferings to maintain and justifie the lawful use of the same ; do yet so far yield to the sway of the times , and are perswaded they may with a good conscience so do , as to forbear the use thereof in the publick worship , till it shall seem good to those that are in place of authority , either to restore them to their former state ( as it is well hoped , when they shall have duly considered the evil consequents of that vote , they will ) or at leastwise , and in the mean time to leave them arbitrary , for men , according to their several different judgments , to use or not to use , which seemeth but reasonable , the like favour and liberty in other kinds having been long allowed to almost all other sorts of men , though of never so distant perswasions one from another . lastly , that all laws made concerning ceremonies or other indifferent things , whether civil or ecclesiastical , are mutable : and as they were at first made by humane authority , so may they from time to time be by humane authority abrogated and repealed . and then and thenceforth they lose their obligation , whereby the necessity of yielding obedience thereunto wholly ceaseth and determineth ; and the things thereby commanded or prohibited return to their primitive and natural indifferency , even in their use also , and in respect of us . but in the case of our church now it is far otherwise : cap , surplice , cross , ring , and other ceremonies , which are the matter of our differences , though they be things indifferent for their nature , and in themselves ; yet are not so for their use , and unto us . if the church had been silent , if authority had prescribed nothing herein , these ceremonies had then remained for their use , as they are for their nature , indifferent , lawful , and such as might be used without sin ; and yet arbitrary , and such as might be also forborn without sin . but men must grant ( though they be unwilling , if yet they will be reasonable ) that every particular church hath power for decency and orders sake , to ordain and constitute ceremonies : which being once ordained , and by publick authority enjoyned , cease to be indifferent for their use , though they remain still so for their nature ; and of indifferent become so necessary , that neither may a man without sin refuse them , where authority requireth , nor use them , where authority restraineth the use . neither is this accession of necessity any impeachment to christian liberty , or insnaring of mens consciences , as some have objected : for then do we ensnare mens consciences by humane constitutions , where we thrust them upon men as if they were divine , and bind mens consciences to them immediately , as if they were immediate parts of god's worship , or of absolute necessity unto salvation . this tyranny and vsurpation over mens consciences the pharisees of old did , and the church of rome at this day doth exercise , and we justly hate in her , equalling , if not preferring her constitutions to the laws of god. but our church ( god be thanked ) is far from any such impious presumption ; and hath sufficiently declared her self by sosolemn protestation , enough to satisfie any ingenuous impartial judgment , that by requiring obedience to these ceremonial constitutions , she hath no other purpose , than to reduce all her children to an orderly conformity in the outward worship of god ; so far is she from seeking to draw any opinion , either of divine necessity upon the constitution , or of effectual holiness upon the ceremony . and as for the prejudice which seemeth to be hereby given to christian liberty , it is so slender a conceit , that it seemeth to bewray in the objectors a desire , not so much of satisfaction , as cavil . for first , the liberty of a christian to all indifferent things is in the mind and conscience , and is then infringed , when the conscience is bound and strained , by imposing upon it an opinion of doctrinal necessity . but it is no wrong to the liberty of a christian man's conscience , to bind him to outward observation for orders sake , and to impose upon him a necessity of obedience . which one distinction of doctrinal and obediential necessity well weighed , and rightly applied , is of it self sufficient to clear all doubts in this point . for , to make all restraint of the outward man in matters indifferent an impeachment of christian liberty , what were it else , but even to bring flat anabaptism and anarchy into the church ? and to overthrow all bond to subjection and obedience to lawful authority ? i beseech you consider , wherein can the immediate power and authority of fathers , masters , and other rulers over their inferiours consist , or the due obedience of inferiours be shewn towards them , if not in these indifferent and arbitrary things ? for , things absolutely necessary , as commanded by god , we are bound to do , whether human authority require them or no : and things absolutely unlawful , as prohibited by god , we are bound not to do , whether humane authority forbid them or no. there are none other things left then , wherein to express properly the obedience due to superiour authority , than these indifferent things . and if a father or master have power to prescribe to his child or servant in indifferent things , and such restraint be no way prejudicial to christian liberty in them , why should any man , either deny the like power to church governours , to make ecclesiastical constitutions concerning indifferent things ? or interpret that power to the prejudice of christian liberty ? and again , secondly , men must understand , that it is an errour to think ceremonies and constitutions to be things meerly indifferent ; i mean in the general . for howsoever every particular ceremony be indifferent , and every particular constitution arbitrary and alterable ; yet that there should be some ceremonies , it is necessary necessitate absoluta , inasmuch as no outward work can be performed without ceremonial circumstances , some or other : and that there should be some constitutions concerning them , it is also necessary ( though not simply and absolutely , as the former , yet ex hypothesi , and ) necessitate convenientiae : otherwise , since some ceremonies must needs be used , every parish , may every man would have his own fashion by himself , as his humour led him , whereof what other could be the issue , but infinite distraction and unorderly confusion in the church ? and again , thirdly , to return their weapon upon themselves , if every restraint in indifferent things be injurious to christian liberty , then themselves are injurious , no less by their negative restraint from some ceremonies , wear not , cross not , kneel not , &c. than they would have the world believe our church is by her positive restraint unto these ceremonies of wearing , and crossing , and kneeling , &c. let indifferent men judge , nay let themselves that are parties judge , whether is more injurious to christian liberty , publick authority by mature advice commanding what might be forborn , or private spirits , through humorous dislikes , forbidding what may be used ; the whole church imposing the use , or a few brethren requiring the forbearance of such things as are otherwise and in themselves equally indifferent for use , for forbearance . but they say , our church makes greater matters of ceremonies than thus , and preferreth them even before the most necessary duties of preaching and administring the sacraments ; inasmuch as they are imposed upon ministers under pain of suspension and deprivation from their ministerial functions and charges . first , for actual deprivation , i take it , unconforming ministers have no great cause to complain . our church , it is well known , hath not always used that rigour she might have done . where she hath been forced to proceed as far as deprivation , she hath ordinarily by her fair , and slow , and compassionate proceeding therein , sufficiently manifessed her unwillingness thereto : and declare her self a mother everyway indulgent enough to such ill-nurtured children as will not be ruled by her . secondly , those that are suspended or deprived , suffer it but justly for their obstinacy and contempt : for , howsoever they would bear the world in hand , that they are the only persecuted ones , and that they suffer for their consciences ; yet in truth they do but abuse the credulity of the simple therein ; and herein ( as in many other things ) jump with the papists , whom they would seem above all others most abhorrent from . for as seminary priests and iesuits give it out that they suffer for religion , when the very truth is , they are justlty executed for their prodigious treasons , and felonious or treacherous practices against lawful princes and estates : so the brethren pretend they are persecuted for their consciences , when they are indeed but justly censured for thier obstinate and pertinacious contempt of lawful authority . for it is not the refusal of these ceremonies they are deprived for , otherwise than as the matter wherein they shew their contempt : it is the contempt it self , which formerly and properly subjecteth them to just ecclesiastical censure of suspension or deprivation . and contempt of authority , though in the smallest matter , deserveth no small punishment ; all authority having been ever solicitous ( as it hath good reason ) above all things to vindicate and preserve it self from contempt , by inflicting sharp punishments upon contemptuous persons in the smallest matters , above all other sorts of offenders in any degree whatsoever . thus have we shewed and cleared the first and main difference betwixt the case of my text , and the case of our church , in regard of the matter ; the things whereabout they differed , being every way indifferent , ours not so . the determination of superiours may and ought to restrain us in the outward exercise of our christian liberty . we must submit our selves to every ordinance of man , saith st. peter , 1 pet. 2. 13. and it is necessary we should do so ; for so is the will of god , ver . 15. neither is it against christian liberty if we do so ; for we are still as free as before : rather if we do not so , we abuse our liberty for a cloak of maliciousness , as it followeth there , ver . 16. and st. paul telleth us we must needs be subject , not only for fear , because the magistrate carrieth not the sword in vain ; but also for conscience sake , because the powers that are , are ordained of god. this duty , so fully pressed and so uniformly by these two grand apostles , is most apparent in private societies . in a family , the master , or pater familias , who is a kind of petty monarch there , hath authority to prescribe to his children and servants in the use of those indifferent things whereto yet they , as christians , have as much liberty as he . the servant , though he be the lord's free-man , yet is limited in his diet , lodging , livery , and many other things by his master ; and he is to submit himself to his master's appointment in these things , though perhaps in his private affection he had rather his master had appointed otherwise : and perhaps withal in his private judgment , doth verily think it fitter his master should appoint otherwise . if any man , under colour of christian liberty , shall teach otherwise , and exempt servants from the obedience of their masters in such things ; st. paul in a holy indignation inveigheth against such a man , not without some bitterness , in the last chapter of his epistle , as one that is proud , and knoweth nothing , as he should do , but doteth about questions and strife of words , &c. ver . 3 , 5. now look what power the master hath over his servants for the ordering of his family , no doubt the same at the least , if not much more , hath the supreme magistrate over his subjects , for the peace of the commonwealth , the magistrate being pater patriae , as the master is pater familias . whosoever then shall interpret the determinations of magistrates in the use of the creatures to be contrary to the liberty of a christian ; or under that colour shall exempt inferiours from their obedience to such determinations ; he must blame st. paul , nay , he must blame the holy ghost , and not us , if he hear from us that he is proud , and knoweth nothing , and doteth about unprofitable questions . surely , but that experience sheweth us it hath been so , and the scriptures have foretold us that it should be so , that there should be differences , and sidings , and part-takings in the church : a man would wonder how it should ever sink into the hearts and heads of sober understanding men , to deny either the power in superiours to ordain , or the necessity in inferiours to obey laws and constitutions , so restraining us in the use of the ceratures . neither let any man cherish his ignorance herein , by conceiting , as if there were some difference to be made between civil and ecclesiastical things , and laws and persons in this behalf . the truth is , our liberty is equal in both ; the power of superiours for restraint equal in both , and the necessity of obedience in inferiours equal to both . no man hath yet been able to shew , nor i think ever shall be , a real and substantial difference indeed between them to make an inequality : but that still , as civil magistrates have sometimes , for just politick respects , prohibited some trades , and manufactures , and commodities , and enjoyned other some , and done well in both ; so church governours may upon good considerations ( say it be but for order and uniformities sake ) prescribe the times , places , vestments , gestures , and other ceremonial circumstances to be used in ecclesiastical offices and assemblies : as the apostles in the first council holden at ierusalem , in acts 15. laid upon the churches of the gentiles for a time a restraint from the eating of blood , and things sacrificed to idols , and strangled . thus we see our christian liberty unto the creatures may without prejudice admit of some restraints in the outward exercise of it , and namely from the three respects , of christian sobriety , of christian charity , and of christian duty and obedience . but now in the comparing of these together , when there seemeth to be a repugnancy between one and another of them , there may be some difficulty : and the greatest difficulty , and which hath bred most trouble , is in comparing the cases of scandal and disobedience together , when there seemeth to be a repugnancy between charity and duty . as for example ; suppose in a thing which simply and in it self we may lawfully , according to the liberty we have in christ , either use or forbear ; charity seemeth to lay restraint upon us one way , our weak brother expecting we should forbear , and duty a quite contrary way , authority requiring the use : in such a case what are we to do ? it is against charity to offend a brother ; and it is against duty to disobey a superiour . and yet something must be done ; either we must use , or not use ; forbear , or not forbear . for the untying of this knot ( which , if we will but lay things rightly together , hath not in it so much hardness as it seemeth to have ) let this be our seventh position . in the use of the creatures , and all indifferent things , we ought to bear a greater regard to our publick governours , than to our private brethren ; and be more careful to obey them , than to satisfie these , if the same course will not in some mediocrity satisfie both . alas , that our brethren , who are contrary minded , would but with the spirit of sobriety admit common reason to be umpire in this case : alas , that they would but consider what a world of contradictions would follow upon the contrary opinion , and what a world of confusions upon the contrary practice . say what can be said in the behalf of a brother , all the same , and more may be said for a governour : for a governour is a brother too , and something more ; and duty is charity too , and something more . if then i may not offend my brother , then certainly not my governour ; because he is my brother too , being a man , and a christian , as well as the other is . and the same charity that bindeth me to satisfie another brother , equally bindeth me to satisfie this . so that , if we go no farther , but even to the common bond of charity , and relation of brotherhood , that maketh them equal at the least ; and therefore no reason , why i should satisfie one that is but a private brother , rather than the publick magistrate , who ( that publick respect set aside ) is my brother also . when the scales hang thus even , shall not the accession of magistracy to common brotherhood in him , and of duty to common charity in me , be enough to cast it clear for the magistrate ? shall a servant in a family , rather than offend his fellow-servant , disobey his master ? and is not a double scandal against charity and duty both ( for duty implieth charity ) greater than a single scandal against charity alone ? if private men will be offended at our obedience to publick governours , we can but be sorry for it : we may not redeem their offence by our disobedience . he that taketh offence where none is given , sustaineth a double person , and must answer for it , both as the giver and the taker . if offence be taken at us , there is no wo to us for it , if it do not come by us ; wo to the man by whom the offence cometh : and it doth not come by us , if we do but what is our duty to do . the rule is certain and equitable ; the respect of private scandal ceaseth , where lawful authority determineth our liberty ; and that restraint which proceedeth from special duty , is of superiour reason to that which proceedeth but from common charity . quest. whether the king and parliament ought to impose any more upon us in matters of religion , than is imposed in the scripture ? or whether every one ought not to be left to serve god according to his best apprehensions out of the scripture ? answ. the opinion is , that to do any thing at all without direction from the scripture is unlawful and sinful . which if they would understand only of the substantials of gods worship , and of the exercises of spiritual and supernatural graces , the assertion were true and sound ; but as they extend it to all the actions of common life whatsoever , whether natural or civil , even so far as to the taking up of a straw , so it is altogether false and indefensible . i marvel what warrant they that so teach have from the scripture for that very doctrine ; or where they are commanded so to believe or teach . one of their chiefest refuges is the text we now have in hand ; but i shall anon drive them from this shelter . the other places usually alledged speak only , either of divine and supernatural truths to be believed , or else of works of grace or worship to be performed , as of necessity unto salvation ; which is not to the point in issue . for it is freely conscised , that in things of such nature the holy scripture is , and so we are to account it , a most absolute sufficient direction . upon which ground we heartily reject all humane traditions , devised and intended as supplements to the doctrine of faith contained in the bible , and annexed as codicils to the holy testament of christ , for to supply the defects thereof . the question is wholly about things in their nature indifferent ; such as are the use of our food , raiment , and the like , about which the common actions of life are chiefly conversant : whether in the choice and use of such things , we may not be sometimes sufficiently guided by the light of reason and the common rules of discretion ; but that we must be able ( and are so bound to do , or else we sin ) for every thing we do in such matters , to deduce our warrant from some place or other of scripture . before the scriptures were writ ten , it pleased god by visions , and dreams , and other like revelations , immediately to make known his good pleasure to the patriarchs and prophets , and by them unto the people : which kind of revelations served them to all the same intents and purposes , whereto the sacred scriptures now do us , viz. to instruct them what they should believe and do for his better service , and the furtherance of their own salvations . now as it were unreasonable for any man to think , that they either had or did expect an immediate revelation from god every time they eat , or drank , or bought , or sold , or did any other of the common actions of life , for the warranting of each of those particular actions to their consciences ; no less unreasonable it is to think , that we should now expect the like warrant from the scriptures for the doing of the like actions . without all doubt the law of nature , and the light of reason , was the rule whereby they were guided for the most part in such matters , which the wisdome of god would never have left in them or us , as a principal relick of his decayed image in us , if he had not meant that we should make use of it for the direction of our lives and actions thereby . certainly god never infused any power into any creature , whereof he intended not some use . else , what shall we say of the indies and other barbarous nations , to whom god never vouchsafed the lively oracles of his written word ? must we think that they were left a lawless people , without any rule at all whereby to order their actions ? how then come they to be guilty of transgression ? for where there is no law , there can be no transgression . or how cometh it about that their consciences should at any time , or in any case , either accuse them , or excuse them , if they had no guide nor rule to walk by ? but if we must grant they had a rule ( and there is no way , you see , but grant it we must ; ) then we must also of necessity grant , that there is some other rule for humane actions besides the written word ; for that we presupposed these nations to have wanted . which rule , what other could it be than the law of nature , and of right reason , imprinted in their hearts ? which is as truly the law and word of god , as is that which is printed in our bibles . so long as our actions are warranted either by the one or the other , we cannot be said to want the warrant of god's word : nec differet scriptura an ratione consistat , saith tertullian ; it mattereth not much from whether of both we have our direction , so long as we have it from either . you see then those men are in a great errour , who make the holy scriptures the sole rule of all humane actions whatsoever . for the maintenance whereof , there was never yet produced any piece of an argument , either from reason , or from authority of holy writ , or from the testimony either of the ancient fathers , or of other classical divines of later times ; which may not be clearly and abundantly answered , to the satisfaction of any rational man not extremely fore-possessed with prejudice . they who think to salve the matter by this mitigation , that at leastwise our actions ought to be framed according to those general rules of the law of nature , which are here and there in the scriptures dispersedly contained ( as viz. that we should do , as we would be done to ; that all things be done decently and orderly , and unto edification ; that nothing be done against conscience , and the like ) speak somewhat indeed to the truth , but little to the purpose . for they consider not , first , that these general rules are but occasionally and incidentally mentioned in scripture , rather to manifest unto us a former , than to lay upon us a new obligation . secondly , that those rules had been of force for the ordering of mens actions , though the scripture had never expressed them ; and were of such force before those scriptures were written , wherein they are now expressed . for they bind not originally qua scripta , but qua justa ; becuase they are righteous , not because they are written . thirdly , that an action conformable to these general rules might not be condemned as sinful , although the doer thereof should look at those rules meerly as they are the dictates of the law of nature ; and should not be able to vouch his warrant for it from any place of scripture , neither should have at the time of the doing thereof any present thought or consideration of any such place . the contrary whereunto , i permit to any man's reasonable judgment , if it be not desperately rash and uncharitable to affirm . lastly , that if mens actions done agreeably to those rules are said to be of faith , precisely for this reason , because those rules are contained in the word : then it will follow , that before those particular scriptures were written , wherein any of those rules are first delivered , every action done according to those rules had been done without faith ( there being as yet no scripture for it ) and consequently had been a sin . so that by this doctrine it had been a sin ( before the witing of s. matthew's gospel ) for any man to have done to others , as he would they should do to him ; and it had been a sin ( before the writing of the former epistle to the corinthians ) for any man to have done any thing decently and orderly ; supposing these two rules to be in those two places first mentioned : because ( this supposed ) there could then have been no warrant brought from the scriptures for so doing . well then , we see the former opinion will by no means hold , neither in the rigour of it , nor yet in the mitigation . we are therefore to beware of it , and that so much the more heedfully , because of the evil consequents and effects that issue from it ; to wit , a world of superstitions , uncharitable censures , bitter contentions , contempt of superiours , perplexities of conscience . first , it filleth mens heads with many superstitious conceits , making them to cast impurity upon sundry things , which yet are lawful to as many as use them lawfully . for the taking away of the indifferency of any thing that is indifferent , is in truth superstition , whether either of the two ways it be done ; either by requiring it as necessary , or by forbidding it as unlawful . he that condemneth a thing as utterly unlawful , which yet indeed is indifferent , and so lawful , is guilty of superstition , as well as he that enjoyneth a thing as absolutely necessary , which yet indeed is but indifferent , and so arbitrary . they of the church of rome , and some in our church , as they go upon quite contrary grounds , yet both false ; so they run into quite contrary errours , and both superstitious . they decline too much on the left hand , denying to holy scripture that perfection which of right it ought to have ; of containing all appertaining to that supernatural doctrine of faith and holiness , which god hath revealed to his church for the attainment of everlasting salvation ; whereupon they would impose upon christian people , & that with an opinion of necessity , many things which the scriptures require not ; and that is a superstition . these wry too much on the right hand , ascribing to the holy scripture such a kind of perfection as it cannot have ; of being the sole directour of all humane actions whatsoever : whereupon they forbid unto christian people , and that under the name of sin , sundry things which the holy scripture condemneth not ; and that is a superstition too . from which superstition proceedeth , in the second place , uncharitable censuring ; as evermore they that are the most superstitious , are the most supercilious . no such severe censurers of our blessed saviour's person and actions , as the superstitious scribes and phariseees were . in this chapter , the special fault , which the apostle blameth in the weak ones ( who were somewhat superstitiously affected ) was their rash and uncharitable judging of their brethren . and common and daily experience among our selves sheweth how freely some men spend their censures upon so many of their brethren , as without scruple do any of those things , which they upon false grounds have superstitiously condemned as utterly unlawful . and then thirdly , as unjust censures are commonly entertained with scorn and contumely ; they that so liberally condemn their brethren of prophaneness , are by them again as freely slouted for their preciseness : and so whiles both parties please themselves in their own ways , they cease not mutually to provoke and scandalize and exasperate one the other , pursuing their private spleens so far , till they break out into open contentions and oppositions . thus it stood in the roman church , when this epistle was written . they judged one another , and despised one another , to the great disturbance of the churches peace , which gave occasion to our apostles whole discourse in this chapter . and how far the like censurings and despisings have embittered the spirits , and whetted both the tongues and pens of learned men one against another in our own church ; the stirs that have been long since raised , and are still upheld by the factious opposers against our ecclesiastical constitutions , government , and ceremonies , will not suffer us to be ignorant . most of which stirs , i verily perswade my self , had been long ere this either wholly buried in silence , or at leastwise prettily well quieted , if the weakness and danger of the errour whereof we now speak , had been more timely discovered , and more fully and frequently made known to the world than it hath been . fourthly , let that doctrine be once admitted , and all humane authority will soon be despised . the commands of parents , masters , and princes , which many times require both secrecy and expedition , shall be taken into slow deliberation , and the equity of them sifted by those that are bound to obey , though they know no cause why , so long as they know no cause to the contrary . delicata est obedientia , quae transit in causam deliberativam . it is a nice obedience in st. bernard's judgment , yea rather troublesome and odious , that is over-curious in discussing the commands of superiours , boggling at every thing that is enjoyned , requiring a why for every wherefore , and unwilling to stir until the lawfulness and expediency of the thing commanded shall be demonstrated by some manifest reason or undoubted authority from the scriptures . lastly , the admitting of this doctrine would cast such a snare upon men of weak judgments , but tender consciences , as they should never be able to unwind themselves again . mens daily occasions for themselves or friends , and the necessities of common life , require the doing of a thousand things within the compass of a few days , for which it would puzzle the best textman that liveth , readily to bethink himself of a sentence in the bible , clear enough to satisfie a scrupulous conscience of the lawfulness and expediency of what he is about to do ; for which , by hearkening to the rules of reason and discretion , he might receive easie and speedy resolution . in which cases if he should be bound to suspend his resolution , & delay to do that which his own reason would tell him were presently needful to be done , until he could haply call to mind some precept or example of scipture for his warrant , what stops would it make in the course of his whole life ? what languishings in the duties of his calling ? how would it fill him with doubts and irresolutions , lead him into a maze of uncertainties , entangle him in a world of woful perplexities , and ( without the great mercy of god , and better instruction ) plunge him irrecoverably into the gulph of despair ? since the chief end of the publication of the gospel is to comfort the hearts , and to revive and refresh the spirits of god's people , with the glad tidings of liberty from the spirit of bondage and fear , and of gracious acceptance with their god ; to anoint them with the oyl of gladness , giving them beauty for ashes , and instead of sackcloth girding them with joy : we may well suspect that doctrine not to be evangelical , which thus setteth the consciences of men upon the rack , tortureth them with continual fears and perplexities , and prepareth them thereby unto hellish despair . quest. what are the dreadful consequences of scrupling some indifferent things ? answ. although difference of judgment should not alienate our affections one from another , yet daily experience sheweth it doth . by reason of that self-love , and envy , and other corruptions that abound in us , it is rarely seen that those men are of one heart , that are of two minds . st. paul found it so with the romans in his time : whilst some condemned that as unlawful , which others practised as lawful ; they judged one another , and despised one another , perpetually . and i doubt not , but any of us , that is any-whit-like acquainted with the wretched deceitfulness of man's heart , may easily conclude how hard a thing it is ( if at all possible ) not to think somewhat hardly of those men , that take the liberty to do such things as we judge unlawful . as for example ; if we shall judge all walking into the fields , discoursing occasionally on the occurrences of the times , dressing of meat for dinner or supper , or even moderate recreations on the lord's day , to be grievous prophanations of the sabbath ; how can we chuse but judge those men that use them to be grievous prophaners of god's sabbath ? and if such our judgment concerning these things should after prove to be erroneous ; then can it not be avoided , but that such our judgment also concerning the persons must needs be uncharitable . secondly , this mis-judging of things filleth the world with endless niceties and disputes , to the great disturbance of the churches peace , which to every good man ought to be precious . the multiplying of books and writings pro and con , and pursuing of arguments with heat and opposition , doth rather lengthen than decide controversies ; and instead of destroying the old , begetteth new ones : whiles they that are in the wrong out of obstinacy will not , and they that stand for the truth out of conscience dare not , may not yield ; and so still the war goeth on . and as to the publick peace of the church , so is there also , thirdly , by this means great prejudice done to the peace and tranquillity of private mens consciences ; when by the peremptory doctrines of some strict and rigid masters the souls of many a well-meaning man are miserably disquieted with a thousand unnecessary scruples , and driven sometimes into very woful perplexities . surely it can be no light matter thus to lay heavy burdens upon other mens shoulders , and to cast a snare upon their consciences , by making the narrow way to heaven narrower than ever god meant it . fourthly , hereby christian governours come to be robbed of a great part of that honour that is due unto them from their people , both in their affections and subjection . for when they shall see cause to exercise over us that power that god hath left them in indifferent things , by commanding such or such thing to be done , as namely , wearing of a surplice , kneeling at the communion , and the like : if now we in our own thoughts have already prejudged any of the things so commanded to be unlawful , it cannot be . quest. if these things be so , how comes it to pass that so many godly men should incline so much to this way ? answ. but you will say , if these things were so , how should it then come to pass that so many men pretending to godliness ( and thousands of them doubtless such as they pretend ; for it were an uncharitable thing to charge them all with hypocrisie ) should so often and so grievously offend this way ? to omit those two more universal causes ; almighty god's permission first , whose good pleasure it is for sundry wise and gracious ends , to exercise his church , during her warfare here , with heresies and scandals : and then the wiliness of satan , who cunningly observeth whether way our hearts incline most , to loosness , or to strictness , and then frameth his temptations thereafter : so he can but put us out of the way , it is no great matter to him on whether hand it be ; he hath his end howsoever . nor to insist upon sundry more particular causes ; as namely , a natural proneness in all men to superstition ; in many an affectation of singularity , to go beyond the ordinary sort of people in something or other ; the difficulty of shunning one without running into the contrary extreme ; the great force of education and custome ; besides manifold abuses , offences , and provocations arising from the carriage of others , and the rest ; i shall note but these two only , as the two great fountains of errour ( to which also most of the other may be reduced ) ignorance and partiality ; from neither of which god 's dearest servants and children are in this life wholly exempted . ignorance first is a fruitful mother of errours ; ye err not knowing the scriptures , matth. 22. yet not so much gross ignorance neither ; i mean not that . for your meer ignaro's , what they err , they err for company ; they judge not at all , neither according to the appearance , nor yet righteous judgment : they only run on with the herd , and follow as they are led , be it right or wrong , and never trouble themselves farther . but by ignorance i mean weakness of judgment , which consisteth in a disproportion between the affections and the understanding ; when a man is very earnest , but withal very shallow ; readeth much , and heareth much , and thinketh that he knoweth much , but hath not the judgment to sever truth from falshood , nor to discern between a sound argument and a captious fallacy . and so for want of ability to examine the soundness and strength of those principles from whence he fetcheth his conclusions , he is easily carried away , as our apostle elsewhere speaketh , with vain words and empty arguments . as st. augustine said of donatus , rationes arripuit , he catcheth hold of some reasons ( as wranglers will catch at a small thing , rather than yield from their opinions ) quas considerantes , verisimiles esse potius quam veras invenimus , which saith he , we found to have more shew of probability at the first appearance , than substance of truth after they were well considered of . and i dare say , whosoever shall peruse with a judicious and unpartial eye most of those pamphlets , that in this daring age have been thrust into the world against the ceremonies of the church , against episcopal government ( to pass by things of lesser regard and usefulness , and more open to exception and abuse , yet , so far as i can understand , unjustly condemned as things utterly unlawful ; such as are lusorious lots , dancing , stage-plays , and some other things of like nature ) when he shall have drained out the bitter invectives , unmannerly jeers , petulant girding at those that are in authority , impertinent digressions , but above all those most bold and perverse wrestings of holy scripture , wherewith such books are infinitely stuffed , he shall find that little poor remainder that is left behind to contain nothing but vain words and empty arguments . for when these great undertakers have snatch'd up the bucklers , as if they would make it good against all comers , that such and such things are utterly unlawful , and therefore ought in all reason and conscience to bring such proofs as will come up to that conclusion , quid dignum tanto ? very seldome shall you hear from them any other arguments , than such as will conclude but an inexpediency at the most . as , that they are apt to give scandal ; that they carry with them an appearance of evil ; that they are often occasions of sin ; that they are not commanded in the word , and such like . which objections , even where they are just , are not of force ( no not taken altogether , much less any of them singly ) to prove a thing to be utterly unlawful . and yet are they glad many times , rather than sit out , to play very small game , and to make use of arguments yet weaker than these , and such as will not reach so far as to prove a bare inexpediency : as , that they were invented by heathens ; that they have been abused in popery , and other such like : which , to my understanding , is a very strong presumption , that they have taken a very weak cause in hand , and such as is wholly destitute of sound proof . quest. whether what the king and parliament have determined may be altered to satisfie private men ? answ. while things are in agitation , private men may , if any thing seem to them inexpedient , modestly tender their thoughts , together with the reason thereof , to the consideration of those that are in authority , to whose care and wisdom it belongeth , in prescribing any thing concerning indifferent things , to proceed with all just advisedness and moderation , that so the subject may be encouraged to perform that obedience with chearfulness , which of necessity he must perform howsoever . it concerneth superiours therefore to look well to the expediency and inexpediency of what they enjoyn in indifferent things ; wherein if there be a fault , it must lie upon their account ; the necessity of obedience is to us a sufficient discharge in that behalf . only it were good we did remember , that they are to give up that account to god only , and not to us . but after that things are once concluded and established by publick authority , acts passed , and constitutions made concerning the same , and the will and pleasure of the higher powers sufficiently made known thererein ; then for private men to put in their vie , and with unseasonable diligence to call in question the decency or expediency of the things so established , yea with intolerable pride to refuse obedience thereunto meerly upon this pretension , that they are undecent or inexpedient , is it self the most indecent and inexpedient thing that can be imagined . for that the fear of offending a private brother , is a thing not considerable in comparison of the duty of obedience to a publick governour , might be shown so apparently by sundry arguments , if we had time to enlarge and illustrate them , as might sufficiently convince the judgment of any man not wilfully obstinate in that point . i shall only crave leave briefly to touch at some of them . first then , when governours shall have appointed what seemed to them expedient , and private men shall refuse to observe the same , pretending it to be inexpedient , who shall judge thereof ? either they themselves that take the exceptions must be judges , which is both unreasonable and preposterous ; or else every man must be his own judge , which were to overthrow all government , and to bring in a confusion , every man to do what is good in his own eyes ; or else the known governours must judge , and then you know what will follow , even to submit and obey . secondly , to allow men , under the pretence of inexpediency , and because of some offence that may be taken thereat , to disobey laws and constitutions made by those that are in authority , were the next way to cut the sinews of all authority , and to bring both magistrates and laws into contempt . for what law ever was made , or can be made so just and so reasonable , but some man or other either did , or might take offence thereat : and what man that is disposed to disobey , but may pretend one inexpediency or other , wherewith to countenance out such his disobedience ? thirdly , it is agreed by consent of all that handle the matter of scandal , that we may not commit any sin whatsoever , be it never so small , for the avoiding of any scandal , be it never so great : but to disobey lawful authority in lawful things , is a sin against the fifth commandment . therefore we may not redeem a scandal by such our disobedience , nor refuse to do the thing commanded by such authority , whosoever should take offence thereat . fourthly , though lawfulness and unlawfulness be not , yet expediency and inexpediency are ( as we heard ) capable of the degrees of more and less ; and then in all reason , of two inexpedient things we are to do that which is less inexpedient , for the avoiding of that which is more inexpedient . say then there be an inexpediency in doing the thing commanded by authority , when a brother is thereby offended ; is there not a greater inexpediency in not doing it , when the magistrate is thereby disobeyed ? is it not more expedient and conducing to the common good , that a publick magistrate should be obeyed in a just command , than that a private person should be gratified in a causless scruple ? fifthly , when by refusing obedience to the lawful commands of our superiours , we think to shun the offending of one or two weak brethren , we do in truth incur thereby a far more grievous scandal , by giving offence to hundreds of others , whose consciences by our disobedience will be emboldned to that , whereto corrupt nature is but too too prone , to affront the magistrate , and despise the authority . lastly , where we are not able to discharge both , debts of justice are to be payed before debts of charity . now the duty of obedience is debitum justitiae , and a matter of right ; my superiour may challenge it at my hands as his due , and i do him wrong if i withhold it from him . but the care of not giving offence is but debitum charitatis , and a matter but of courtesie . i am to perform it to my brother in love , when i see cause , but he cannot challenge it from me as his right ; nor can justly say i do him wrong if i neglect it . it is therefore no more lawful for me to disobey the lawful command of a superiour , to prevent thereby the offence of one or a few brethren , than it is lawful for me to do one man wrong , to do another man a courtesie withal ; or than it is lawful for me to rob the exchequer to relieve an hospital . i see not yet how any of these six reasons can be fairly avoided ; and yet ( which would be considered ) if but any one of them hold good , it is enough to carry the cause ; and therefore i hope there need be no more said in this matter . to conclude then , for the point of practice ( which is the main thing i aimed at in the choice of this text , and my whole meditations thereon ) we may take our direction in these three rules , easie to be understood and remembred , and not hard to be observed in our practice , if we will but bring our good wills thereunto . first , if god command we must submit without any more ado , and not trouble our selves about the expediency , or so much as about the unlawfulness : for both , abraham never disputed whether it were expedient for him , nor yet whether it were lawful for him to sacrifice his son or no , when once it appeared to him that god would have it so . secondly , if our superiours , endued with lawful authority thereunto , command us any thing , we may , and ( where we have just cause of doubt ) we ought to enquire into the unlawfulness thereof ; yet notwith such anxious curiosity , as if we desired to find out some loop-hole whereby to evade , but with such modest ingenuity , as may witness to god and the world the unfeigned sincerity of our desires , both to fear god , and to honour those that he hath set over us . and if having used ordinary moral diligence , bonâ fide , to inform our selves the best we can , there appear no unlawfulness in it , we are then also to submit and obey without any more ado , never troubling our selves farther to enquire whether it be expedient , yea or no. let them that command us look to that ; for it is they must answer for it , and not we . but then thirdly , where authority hath left us free , no command , either of god , or of those that are set ever us under god , having prescribed any thing to us in that behalf , there it is at our own liberty , and choice to do as we shall think good . yet are we not left so loose , as that we may do what we list , so as the thing be but lawful ( for that were licenciousness , and not liberty ; ) but we must ever do that , which according to the exigence of present circumstances ( so far as all the wisdome and charity we have will serve us to judge ) shall seem to us most expedient and profitable to mutual edification . this is the way ; god give us all grace to walk in it : so shall we bring glory to him , and to our selves comfort : so shall we further his work onward , and our own account at the last . quest. whether they that have taken the covenant may renounce it ? answ. thirdly , beware of engaging thy self to sin . it is a fearful thing when sin hath got a tie upon a man. then is one properly in the snare of the devil , when he hath him as it were in a string , and may lead him captive to what measure of presumption he will. and sundry ways may a man thus entangle himself ; by a verbal , by a real , by a sinful engagement . he shall do best to keep himself out of all these snares : but if once he be in , there is no way out again but one , even this , to loose his pledge , to break in sunder the bonds wherein he is tied , as sampson did the green wit hs , and to cast a way those cords from him . a man hath bound himself rashly by some promise , vow , or covenant , to do something he may not do , or not to do something he ought to do , he is now engaged in a sin ; the devil hath got this tie upon him : and though his conscience tell him he cannot proceed without sin , yet because of his vow , or his oath , he is wilful , and must on . it was herod's case for taking off the baptist's head ; it was against his conscience to do it , for he knew he had not deserved it ; yea , and it was against his mind too to do it ; for the text faith , he was exceeding sorry that his neece should put him upon it . but yet , saith the story withal , for his oath sake , and because the great ones about him should not say but the king would be as big as his word , he resolved it should be done , and gave commandment accordingly to have it done . this i call a verbal engagement . quest. whether we english men may think our selves bound by the solemn league and covenant ? answ. without betraying the liberty , which by our protestation we are bound , and in the third article of this covenant must swear , with our lives and fortunes to preserve . to which liberty the imposition of a new oath , other than is established by act of parliament , is expressed in the petition of right , and by the lords and commons in their declarations acknowledged to be contrary . 3. without acknowledging in the imposers a greater power than , for ought that appeareth to us , hath been in former times challenged ; or can consist with our former protestation ( if we rightly understand it ) is sundry the most material branches thereof . neither , secondly , are we satisfied , although the covenant should not be imposed on us at all , but only recommended to us , and then left to our choice . 1. how we should in wisdom and duty ( being subjects ) of our own accord and free will , enter into a covenant , wherein he , whose subjects we are , is in any wise concerned , without his consent , either expressed or reasonably presumed . it being in his power ( as we conceive ) by the equity of the law , numb . 30. to annul and make void the same at his pleasure . 2. how we can ( now that his majesty hath by his publick interdict sufficiently made known his pleasure in that behalf ) enter into a covenant , the taking whereof he hath expresly forbidden , without forfeiting that obedience , which ( as we are perswaded ) by our natural allegiance and former oaths we owe unto all such his majesties commands , as are not in our apprehensions repugnant to the will of god , or the positive laws of this kingdom . quest. what shall a man do , that scruples in conscience what authority enjoyns as unlawful . answ. but then thirdly , if the liberty of the agent be determined by the command of some superiour power to whom he oweth obedience , so as he is not now sui juris ad hoc , to do or not to do at his own choice , but to do what he is commanded : this one circumstance quite altereth the whole case , and now he is bound in conscience to do the thing commanded ; his doubtfulness of mind , whether that thing be lawful or no , notwithstanding . to do that whereof he doubteth , where he hath free liberty to leave it undone , bringeth upon him ( as we have already shewn ) the guilt of wilful transgression ; but not so , where he is not left to his own liberty . and where lawful authority prescribeth in alterutram partem , there the liberty ad utramque partem contradictionis is taken away , from so many as are under that authority . if they that are over them have determined it one way , it is not thenceforth any more at their choice , whether they will take that way or the contrary : but they must go the way that is appointed them , without gainsaying or grudging . and if in the deed done at the command of one that is endued with lawful authority there be a sin , it must go on his score that requireth it wrongfully , not on his that doth but his duty in obeying . a prince commandeth his subjects to serve in his wars ; it may be the quarrel is unjust , it may be there may appear to the understanding of the subject great likely hoods of such injustice , yet may the subject for all that fight in that quarrel ; yea , he is bound in conscience so to do : nay , he is deep in disloyalty and treason if he refuse the service , whatsoever pretentions he may make of conscience for such refusal . neither need that fear trouble him , left he should bring upon himself the guilt of innocent blood ; for the blood that is unrighteously shed in that quarrel , he must answer for that set him on work , not he that spilt it . and truly it is a great wonder to me , that any man endued with understanding , and that is able in any measure to weigh the force of those precepts and reasons which bind inferiours to yield obedience to their superiours , should be otherwise minded in cases of like nature . whatsoever is commanded us by those whom god hath set over us , either in church , commonwealth , or family ( quod tamen non sit certum displicere deo , saith st. bernard ) which is not evidently contrary to the law and will of god , ought to be of us received and obeyed no otherwise , than as if god himself had commanded it , because god himself hath commanded us to obey the higher powers , and to submit our selves to their ordinances . say it be not well done of them to command it , sed enim quid hoc refert tuâ ? saith he , what is that to thee ? let them look to that whom it concerneth : tolle quod tuum est , & vade . do thou what is thine own part faithfully , and never trouble thy self further . ipsum , quem pro deo habemus , tanquam deum in his quae apertè non sunt contra deum audire debemus ; bernard still . god's vicegerents must be heard and obeyed in all things that are not manifestly contrary to the revealed will of god. but the thing required is against my conscience , may some say , & i may not go against my conscience for any mans pleasure . judge i pray you what perversness is this , when the b. apostle commandeth thee to obey for conscience sake , that thou shouldst disobey , and that for conscience sake too : he chargeth thee upon thy conscience to be subject , and thou pretendest thy conscience to free thee from subjection . this by the way ; now to the point . thou sayest it is against thy conscience ; i say again , that ( in the case whereof we now speak , the case of doubtfulness ) it is not against thy conscience : for doubting properly is motus indifferens in utramque partem contradictionis , when the mind is held in suspence between two ways , uncertain whether of both to take to ; when the scales hang even ( as i said before ) and in aequilibrio , without any notable propension or inclination to the one side more than to the other . and surely where things hang thus even , if the weight of authority will not cast the scale either way , we may well suppose that either the authority is made very light , or else there is a great fault in the beam . know ( brethren ) the gainsaying conscience is one thing , and the doubting conscience another . that which is done repugnante conscientiâ , the conscience of the doer flatly gainsaying it , that is indeed against a man's conscience , the conscience having already passed a definitive sentence the one way , and no respect or circumstance whatsoever can free it from sin . but that which is done dubitante conscientiâ , the conscience of the doer only doubting of it , and no more ; that is in truth no more against a man's conscience than with it ( the conscience as yet not having passed a definitive sentence either way ; ) and such an action may either be a sin , or no sin , according to those qualifications which it may receive from other respects and circumstances . if the conscience have already passed a judgment upon a thing , and condemned it as simply unlawful ; in that case it is true , that a man ought not by any means to do that thing , no not at the command of any magistrate ; no , not although his conscience have pronounced a wrong sentence , and erred in that judgment ; for then he should do it repugnante conscientiâ , he should go directly against his own conscience , which he ought not to do whatsoever come of it . in such a case certainiy he may not obey the magistrate ; yet let him know thus much withal , that he sinneth too in disobeying the magistate ; from which sin the following of the judgment of his own conscience cannot acquit him . and this is that fearful perplexity whereof i spake , whereunto many a man casteth himself by his own errour and obstinacy , that he can neither go with his conscience , nor against it , but he shall sin . and who can help it , if a man will needs cherish an errour , and persist in it ? but now if the conscience be only doubtful , whether a thing be lawful or no , but have not as yet passed a peremptory judgment against it ( yea , although it rather incline to think it unlawful ) in that case if the magistrate shall command it to be done , the subject with a good conscience may do it ; nay , he cannot with a good conscience refuse to do it , though it be dubitante conscientiâ . but you will yet say , that in doubtful cases the safer part is to be chosen . so say i too ; and am content that rule should decide this question ; only let it be rightly applied . thou thinkest it safer , where thou doubtest of the unlawfulness , to forbear than to do : as for example , if thou doubtest whether it be lawful to kneel at the communion , it is safest in thy opinion therefore for thee not to kneel . so should i think too , if thou wert left meerly to thine own liberty . but thou dost not consider how thou art caught in thine own net , and how the edge of thine own weapon may be turned upon thee point-blank , not to be avoided , thus . if authority command thee to kneel , which whether it be lawful for thee to do , or not , thou doubtest ; it cannot choose but thou must needs doubt also , whether thou mayest lawfully disobey , or not . now then here apply thine own rule , in dubiis pars tutior , and see what will come of it . judge , since thou canst not but doubt in both cases , whether it be not the safer of the two , to obey doubtingly , than to disobey doubtingly . tene certum , demitte incertum , is st. gregory his rule , where there is a certainty , and an uncertainty , let the uncertainty go , and hold to that which is certain . now the general is certain , that thou art to obey the magistrate in all things not contrary to the will of god ; but the particular is uncertain , whether the thing now commanded thee by the magistrate be contrary to the will of god ; ( i say uncertain to thee , because thou doubtest of it . ) deal safely therefore , and hold thee to that which is certain , and obey . but thou wilt yet alledge , that the apostle here condemneth the doing of any thing , not only with a gainsaying , but even with a doubting conscience , because doubting also is contrary to faith ; and he that doubteth is even for that condemned , if he eat . o beware of misapplying scripture ! it is a thing easily done , but not so easily answered . i know not any one gap that hath let in more , and more dangerous errours into the church , than this , that men take the word of the sacred text , fitted to particular occasions , and to the condition of the times wherein they were written , and then apply them to themselves , and others , as they find them , without due respect had to the differences that may be between those times and cases , and the present . sundry things spoken of in scripture agreeably to that infancy of the church , would sort very ill with the church in her fulness of strength and stature ; and sundry directions very expedient in times of persecution , and when believers lived mingled with infidels , would be very unseasonably urged , where the church is in a peaceable and flourishing estate , enjoying the favour , and living under the protection of gracious and religious princes . thus the constitutions that the apostles made concerning deacons and widows in those primitive times , are with much importunity , but very importunely withal , urged by the disciplinarians : and sundry other like things i might instance of this kind , worthy the discovery , but that i fear to grow tedious . briefly then , the apostles whole discourse in this chapter , and so wheresoever else he toucheth upon the point of scandals , is to be understood only in that case where men are left to their own liberty in the use of indifferent things : the romans , corinthians , and others to whom st. paul wrote about these matters , being not limited any way in the exercise of their liberty therein by any over-ruling authority . but where the magistrates have interposed , and thought good upon mature advice to impose laws upon those that are under them , whereby their liberty is ( not infringed , as some unjustly complain , in the inward judgment , but only ) limited in the outward exercise of it ; there the apostolical directions will not hold in the same absolute manner , as they were delivered to those whom they then concerned ; but only in the equity of them , so far forth as the cases are alike , and with such meet qualifications and mitigations , as the difference of the cases otherwise doth require . so that a man ought not , out of private fancy , or meerly because he would not be observed for not doing as others do , or for any the like weak respects , to do that thing , of the lawfulness whereof he is not competently perswaded , where it is free for him to do otherwise ; which was the case of these weak ones among the romans , for whose sakes principally the apostle gave these directions . but the authority of the magistrates intervening so , alters the case , that such a forbearance as to them was necessary , is to as many of us as are commanded to do this or that , altogether unlawful , in regard they were free , and we are bound , for the reasons already shewn , which i now rehearse not . but you will yet say ( for in point of obedience men are very loath to yield , so long as they can find any thing to plead ) those that lay these burdens upon us , at leastwise should do well to satisfie our doubts , and to inform our consciences concerning the lawfulness of what they enjoyn , that so we might render them obedience with better chearfulness . how willing are we sinful men to leave the blame of our miscarriages any where , rather than upon our selves ! but how is it not incongruous the while , that those men should prescribe rules to their governours , who can scarcely brook their governours should prescribe laws to them ? it were good we should first learn how to obey , ere we take upon us to teach our betters how to govern . however , what governours are bound to do , or what is fit for them to do in the point of information , that is not now the question . if they fail in any part of their bounden duty , they shall be sure to reckon for it one day ; but their iailing cannot , in the mean time , excuse thy disobedience . although i think it would prove a hard task for whosoever should undertake it , to shew that superiours are always bound to inform the consciences of their inferiours concerning the lawfulness of every thing they shall command . if sometimes they do it , where they see it expedient or needful ; sometimes again ( and that perhaps oftner ) it may be thought more expedient for them , and more conducible for the publick peace and safety , only to make known to the people what their pleasures are , reserving to themselves the reasons thereof . i am sure , in the point of ecclesiastical ceremonies and constitutions ( in which case the aforesaid allegations are usually most stood upon ) this hath been abundantly done in our church , not only in the learned writings of sundry private men , but by the publick declaration also of authority , as is to be seen at large in the preface commonly printed before the book of common prayer , concerning that argument , enough to satisfie those that are peaceable , and not disposed to stretch their wits to cavil at things established . and thus much of the second question , touching a doubting conscience ; whereon i have insisted the longer , because it is a point both so proper to the text , and whereat so many have stumbled . there remaineth but one other question , and that of far smaller difficulty ; what is to be done when the conscience is scrupulous ? i call that a scruple , when a man is reasonably well perswaded of the lawfulness of a thing , yet hath withal some jealousies and fears , lest perhaps it should prove unlawful . such scruples are most incident to men of melancholy dispositions , or of timorous spirits , especially if they be tender conscienced withal ; and they are much encreased by the false suggestions of satan , by reading the books , or hearing the sermons , or frequenting the company of men more strict , precise , and austere in sundry points , than they need or ought to be ; and by sundry other means which i now mention not . of which scruples it behooveth every man , first , to be wary that he doth not at all admit them , if he can choose : or if he cannot wholly avoid them , that , secondly , he endeavour , so far as may be , to eject them speedily out of his thoughts , as satan's snares , and things that may breed him worfer inconveniencies : or , if he cannot be so rid of them , that then , thirdly , he resolve to go on according to the more profitable perswasion of his mind , and despise those scruples . and this he may do with a good conscience , not only in things commanded him by lawful authority , but even in things indifferent and arbitrary , and wherein he is left to his own liberty . reasons of the present judgment of the university of oxford , concerning the solemn league and covenant . the negative oath . the ordinances concerning discipline and worship . approved by general consent in a full convocation , iune 1. 1647. and presented to consideration . london , printed for richard marriott . 1678. a solemn league and covenant for reformation and defence of religion , the honour and happiness of the king , and the peace and safety of the three kingdoms , england , scotland , and ireland . we noblemen , barons , knights , gentlemen , citizens , burgesses , ministers of the gospel , and commmons 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 kingdom of our lord and saviour iesus christ , the honour and happiness of the king's majesty , and his posterity , and the true publick liberty , safety , and peace of the kingdoms wherein every ones private devotion is included ; and calling to mind the treacherous and bloody plots , conspiracies , attempts , and practices of the enemies of god against the true 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 kingdom of england , and the dangerous estate of the church and kingdom of scotland , are present and publick testimonies ; we have now at last ( after other means 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 kingdoms in former times , and the example of god's people in other nations ; after mature deliberation resolved and determined to enter into a mutual and solemn league and covenant , wherein we all subscribe , and each one of us for himself , 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 several 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 kingdoms , 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 ecclesiastical officers depending on that hierarchy ) superstition , heresie , schism , profaneness , and whatsoever shall be found to be contrary to sound doctrine , and the power of godliness , lest we partake in other mens sins , and thereby be in danger to receive of their plagues , and that the lord may be one , and his name one in the three kingdoms . iii. we shall with the same sincerity , reality and constancy , in our several vocations , endeavour with our estates and lives , mutually to preserve the rights and priviledges of the parliaments , and the liberties of the kingdoms , and to preserve and defend the king's majesties person and authority , in the preservation and defence of the true religion and liberties of the kingdoms , that the world may bear witness with our consciences of our loyalty , and that we have no thoughts or intentions to diminish his majestie 's just power and greatness . iv. we shall also with all faithfulness endeavour the discovery of all such as have been , or shall be incendiaries , malignants , or evil instruments , by hindring the reformation of religion , dividing the king from his people , or one of the kingdoms from another , or making any faction or parties amongst the people , contrary to this league and covenant , that they may be brought to publick trial , and receive condign punishment , as the degree of their offences shall require or deserve , or the supream judicatories of both kingdoms respectively , or others having power from them for that effect , shall judge convenient . v. and whereas the happiness of a blessed peace between these kingdoms , denied in former times to our progenitours , is by the good providence of god granted unto us , and hath been lately concluded and settled 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 kingdoms , 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 blessed union and conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferency 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 days of our lives zealously and constantly continue therein against all opposition , and 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 and 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 sins and provocations against god , and his son iesus christ , as is too manifest by our present distresses and dangers , the fruits thereof ; we profess and declare before god and the world , our unfeigned desire to be humbled for our own 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 purity and power thereof , and that we have not endeavoured to receive christ in our hearts , nor to walk worthy of him in our lives ; which are the causes of our sins and transgressions so much abounding amongst us ; and our true and unfeigned 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 go before another in the example of a real reformation , that the lord may turn away his wrath and heavy indignation , and establish these churches and kingdoms in truth and peace . and this covenant we make in the presence of almighty god the searcher of all hearts , with a true intention to perform the same , as we shall answer at that great day , when the secrets of all hearts shall be disclosed ; most humbly beseeching the lord to strengthen us by his holy spirit for this end , and to bless our desires and proceedings with such success , as may be deliverance and safety to his people , and encouragement to other christian churches groaning under , or in danger of the yoke of antichristian tyranny , to joyn in the same or like association and covenant , to the glory of god , the enlargement of the kingdom of iesus christ , and the peace and tranquillity of christian kingdoms and commonwealths . the negatie oath . i a. b. do swear from my heart , that i will not , directly nor indirectly , adhere unto , or willingly assist the king in this war , or in this cause , against the parliament , nor any forces raised without the consent of the two houses of parliament , in this cause or war. and i do likewise swear , that my coming and submitting my self under the power and protection of the parliament , is without any manner of design whatsoever , to the prejudice of the proceedings of this present parliament , and without the direction , privity , or advice of the king , or any of his council or officers , other than what i have now made known . so help me god , and the contents of this book . reasons why the vniversity of oxford cannot submit to the covenant , the negative oath , the ordinance concerning discipline and directory mentioned in the late ordinance of parliament for the visitation of that place . whereas by an ordinance of the lords and commons assembled in parliament , for the visitation and reformation of the university of oxford lately published , power is given to certain persons therein named as visitors , to enquire concerning those of the said university that neglect to take the solemn league and covenant , and the negative oath being tendred unto them , and likewise concerning those that oppose the execution of the ordinances of parliament concerning the discipline and directory , or shall not promote or cause the same to be put in execution , according to their several places and callings , we the masters , scholars , and other officers and members of the said university , not to judge the consciences of others , but to clear our selves before god and the world from all suspicion of obstinacy , whilst we discharge our own , present to consideration the true reasons of our present judgment concerning the said covenant , oath , and ordinances ; expecting so much justice , and hoping for so much charity , as either not to be pressed to conform to what is required in any the premisses , further than our present judgments will warrant us ; or not condemned for the refusing so to do , without clear and real satisfaction given to our just scruples . §. i. of the preface to the covenant . the exceptions against the introductory preface to the covenant , although we insist not much upon , because it may be said to be no part of the covenant ; yet among the things therein contained , the acknowledgment whereof is implicitely required of every covenanter , 1. we are not able to say , that the rage , power , and presumption of the enemies of god ( in the sense there intended ) is at this time increased . 2. nor can truly affirm that we had used , or given consent to any supplication or remonstrance to the purposes therein expresse●● 3. nor do conceive the entring into such a mutual league and covenant to be a lawful , proper , and probable means to preserve our selves and our religion from ruine and destruction . 4. nor can believe the same to be according to the commendable practice of these kingdoms , or the example of god's people in other nations . when we find not the least foot-step in our histories of a sworn covenant ever entred into by the people of this kingdom upon any occasion whatsoever ; nor can readily remember any commendable example of the like done in any other nation ; but are rather told by the defenders of this covenant , that * the world never saw the like before . §. ii. of the covenant in gross . first , we are not satisfied how we can submit to the taking thereof , as it is now imposed under a penalty . 1. such imposition ( to our seeming ) being repugnant to the nature of a covenant , which being a contract , implieth a † voluntary mutual consent of the contractors ; whereunto men are to be induced by perswasions , not compelled by power . insomuch that the very words of this covenant in the preface , conclusion , and whole frame thereof run in such a form throughout , as import a consent rather grounded upon prudential motives , than extorted by rigour . 2. without betraying the liberty , which by our protestation we are bound , and in the third article of this covenant must swear , with our lives and fortunes to preserve . to which liberty the imposition of a new oath , other than is established by act of parliament , is expressed in the * petition of right , and by the lords and commons in their † declarations acknowledged to be contrary . 3. without acknowledging in the imposers a greater power than , for ought that appeareth to us , hath been in former time challenged ; or can consist with our former protestation ( if we rightly understand it ) in sundry the most material branches thereof . neither , secondly , are we satisfied , although the covenant should not be imposed upon us at all , but only recommended to us , and then left to our choice ; 1. how we should in wisdom and duty ( being subjects ) of our own accord and free will enter into a covenant , wherein he , whose subjects we are , is in any wise concerned , without his consent , either expressed or reasonably presumed . it being in his power ( as we conceive ) by the equity of the law , numb . 30. to annul and make void the same at his pleasure . 2. how we can ( now that his majesty hath by his publick * interdict sufficiently made known his pleasure in that behalf ) enter into a covenant , the taking whereof he hath expresly forbidden , without forfeiting that obedience , which ( as we are perswaded ) by our natural allegiance and former oaths we owe unto all such his majesties commands , as are not in our apprehensions repugnant to the will of god , or the positive laws of this kingdom . §. iii. of the first article of the covenant . wherein , first , we are not satisfied , how we can with judgment swear to endeavour to preserve the religion of another kingdom ; 1. whereof , as it doth not concern us to have very much , so we profess to have very little understanding . 2. which ( so far as the occurrents of these unhappy times have brought it to our knowledge , and we are able to judge ) is in three of the four specified particulars , viz. worship , discipline and government , much worse ; and in the fourth ( that of doctrine ) not at all better than our own ; which we are in the next passage of the article required to reform . 3. wherein if hereafter we shall find any thing ( as upon farther understanding thereof it is not impossible we may ) that may seem to us savouring of popery , superstition , heresie , or schism , or contrary to sound doctrine , or the power of godliness ; we shall be bound by the next article to endeavour the extirpation , after we have bound our selves by this first article to the preservation thereof . 4. wherein we already find some things ( to our thinking ) so far tending towards † superstition and * schism , that it seemeth to us more reasonable that we should call upon them to reform the same , than that they should call upon us to preserve it . secondly , we are not satisfied in the next branch , concerning the reformation of religion in our own kingdom , in doctrine , worship , discipline and government ; how we can swear to endeavour the same ( which without making a change therein cannot be done , ) 1. without manifest scandal to the papist and separatist , 1. by yielding the cause , which our godly bishops and martyrs , and all our learned divines ever since the reformation , have both by their writings and sufferings maintained ; who have justified , against them both , the religion established in the church of england to be agreeable to the word of god. 2. by justifying the papists in the reproaches and scorn by them cast upon our religion , whose usual objection it hath been and is , that we know not what our religion is ; that since we lest them , we cannot tell where to stay ; and that our religion is a † parliamentary religion . 3. by a tacite acknowledgment that there is something both in the doctrine and worship , whereunto their conformity hath been required , not agreeable to the word of god , and consequently justifying them both , the one in his recusancy , the other in his separation . 4. by an implied confession , that the laws formerly made against papists in this kingdom , and all punishments by virtue thereof inflicted upon them , were unjust ; in punishing them for refusing to joyn with us in that form of worship , which our selves ( as well as they ) do not approve of . 2. without manifest wrong unto our selves , our consciences , reputation and estates ; in bearing false witness against our selves , and sundry other ways : by swearing to endeavour to reform that , as corrupt and vicious , 1. which we have formerly by our personal subscriptions approved , as agreeable to god's word ; and have not been since either condemned by our own hearts for so doing , or convinced in our judgements by any of our brethren that therein we did amiss . 2. which in our consciences we are perswaded , not to be in any of the four specified particulars ( as it standeth by law established ) much less in the whole four , against the word of god. 3. which we verily believe ( and , as we think , upon good grounds ) to be in sundry respects much better , and more agreeable to the word of god , and the practice of the catholick church , than that which we should by the former words of this article swear to preserve . 4. whereunto the † laws yet in force require of all such clerks as shall be admitted to any benefice , the signification of their hearty assent , to be attested openly in the time of divine service before the whole congregation there present , within a limited time , and that un-under pain ( upon default made ) of the loss of every such benefice . 3. without manifest danger of perjury : this branch of the article ( to our best understandings ) seeming directly contrary , 1. to our former solemn protestation , which we have bound our selves , neither for hope , fear , or other respect ever to relinquish . wherein the doctrine which we have vowed to maintain , by the name of the true protestant religion expressed in the doctrine of the church of england , we take to be the same which now we are required to endeavour to reform and alter . 2. to the oath of supremacy , by us also taken , according to the laws of the realm , and the statutes of our university in that behalf . wherein having first testified and declared in our consciences , that the king's highness is the only supreme governour of this realm , we do after swear to our power to assist and defend all iurisdictions , priviledges , preheminences , and authorities granted or belonging to the king's highness , his heirs and successors , or united and annexed to the imperial crown of this realm . one of the which priviledges and preheminences , by an express statute so annexed , and that even , interminis , in the self-same words in a manner with those used in the oath , is the whole power of spiritual or ecclesiastical jurisdiction , for the correction and reformation of all manner of errors and abuses in matters ecclesiastical : as by the * words of the said statute more at large appeareth . the oath affording the proposition , and the statute the assumption , we find no way how to avoid the conclusion . § iv. of the second article of the covenant . first , it cannot but affect us with some grief and amazement , to see that ancient form of church government , which we heartily ( and , as we hope , worthily ) honour ; as under which our religion was at first so orderly , without violence or tumult , and so happily reformed , and hath since so long flourished with truth and peace , to the honour and happiness of our own , and the envy and admiration of other nations , not only 1. endeavoured to be extirpated ; without any reason offered to our understandings , for which it should be thought necessary , or but so much as expedient so to do . but also 2. ranked with popery , superstion , heresie , schism , and prophaneness ; which we unfeignedly profess our selves to detest as much as any others whatsoever . 3. and that with some intimation also , as if that government were some way or other so contrary to sound doctrine , or the power of godliness , that whosoever should not endeavour the extirpation thereof must of necessity partake in other mens sins , which we cannot yet be perswaded to believe . 4. and we desire it may be considered , in case a covenant of like form should be tender'd to the citizens of london , wherein they should be required to swear , they would sincerely , really and constantly , without respect of persons , endeavour the extirpation of treason , the city government ( by a lord mayor , aldermen , sheriffs , common council , and other officers depending thereon ) murther , adultery , theft , cosenage , and whatsoever shall be — &c. lest they should partake in other mens sins ; whether such a tendry could be looked upon by any citizen that had the least spirit of freedome in him as an act of justice , meekness , and reason . secondly , for episcopal government ; we are not satisfied how we can with a good conscience swear to endeavour the extirpation thereof , 1. in respect of the thing it self . concerning which government we think we have reason to believe , 1. that it is ( if not iure divino in the strictest sense , that is to say , expresly commanded by god in his word , yet ) of apostolical institution ; that is to say , was established in the churches by the apostles , according to the mind , and after the example of their master iesus christ , and that by virtue of their ordinary power and authority derived from him , as deputed by him governours of his church . 2. or at least , that episcopal aristocracy hath a fairer pretension , and may lay a juster title and claim to a divine institution than any of the other forms of church government can do , all which yet do pretend thereunto , viz. that of the papal monarchy , that of the presbyterian democracy , and that of the independents by particular congregations , or gathered churches . 2. but we are assured by the undoubted testimony of ancient records and later histories , that this form of government hath been continued with such an universal , uninterrupted , unquestioned succession in all the churches of god , and in all kingdoms that have been called christian throughout the whole world for fifteen hundred years together ; that there never was in all that time any considerable opposition made there against . that of aerius was the greatest , wherein yet there was little of consideration , beside these two things : that it grew at the first but out of discontent ; and gained him at the last but the reputation of an heretick . from which antiquity and continuance we have just cause to fear , that to endeavour the extirpation thereof , 1. would give such advantage to the papists , who usually object against us , and our religion , the contempt of antiquity , and the love of novelty ; that we should not be able to wipe off the aspersion . 2. would so diminish the just authority due to the consentient judgment and practice of the universal church ( the best interpreter of scripture in things not clearly exprest ; for lex currit cum praxi : ) that without it we should be at a loss in sundry points both of faith and manners , at this day firmly believed and securely practiced by us ; when by the socinians , anabaptists , and other sectaries , we should be called upon for our proofs : as namely , sundry orthodoxal explications concerning the trinity and co-equality of the persons in the godhead , against the arians and other hereticks ; the number , use and efficacy of sacraments ; the baptizing of infants ; national churches ; the observation of the lord's day ; and even the canon of scripture it self . thirdly , in respect of our selves ; we are not satisfied , how it can stand with the principles of iustice , ingenuity , and humanity , to require the extirpation of episcopal government ( unless it had been first clearly demonstrated to be unlawful ) to be sincerely and really endeavoured by us , 1. who have all of us , who have taken any degree by subscribing the 39 articles , testified our approbation of that government : one of those † articles affirming the very book , containing the form of their consecration , to contain in it nothing contrary to the word of god. 2. who have most of us ( viz. as many as have entred into the ministery ) received orders from their hands , whom we should very ill requite for laying their hands upon us , if we should now lay to our hands to root them up , and cannot tell for what . 3. who have sundry of us , since the beginning of this parliament , subscribed our names to petitions exhibited , or intended to be exhibited , to that high court , for the continuance of that government : which as we then did sincerely and really , so we should with like sincerity and reality , still ( not having met with any thing since to shew us our errour ) be ready to do the same again , if we had the same hopes we then had the reception of such petitions . 4. who hold some of us our livelyhood , either in whole or part , by those titles of deans , deans and chapters , &c. mentioned in the articles ; being members of some collegiate or cathedral churches . and our memories will not readily serve us with any example in this kind since the world began ; wherein any state or profession of men , though convicted ( as we are not ) of a crime that might deserve deprivation , were required to bind themselves by oath , sincerely and really to endeavour the rooting out of that ( in it self not unlawful ) together wherewith they must also root out themselves , their estates and livelyhoods . 5. especially it being usual in most of the said churches , that such persons as are admitted members thereof , have a personal oath administred unto them , to maintain the honour , immunities , liberties , and profits of the same ; and whilst they live to seek the good , and not to do any thing to the hurt , hindrance , or prejudice thereof ; or in other words to the like effect . fourthly , in respect of the church of england ; we are not satisfied how we can swear to endeavour the extirpation of the established government , no necessity or just cause for so doing , either offering it self , or being offered to our understandings . 1. since all change of government unavoidably bringeth with it , besides those that are present and evident , sundry other inconveniences , which no wit of man can possibly foresee to provide against , till late experience discover them : we cannot be sure , that the evils which may ensue upon the change of this government ( which hath been of so long continuance in this kingdom , is so deeply rooted in the laws thereof , and hath so near a conjunction with , and so strong an influence upon the civil sate and government , as that the change thereof must infer the necessity of a great alteration to be made in the other also ; ) may not be greater than the supposed evils whatsoever they are , which by this change are sought to be remedied . for there are not yet any come to our knowledge of that desperate nature , as not to be capable of other remedy , than the utter extirpation of the whole government it self . 2. whereas the house of commons have * remonstrated , that it was far from their purpose or desire to abolish the church government , but rather that all the members of the church of england should be regulated by such rules of order and discipline as are established by parliament ; and that it was malignancy to infuse into the people that they had any oother meaning : we are loth , by consenting to the second article , to become guilty of such infusion , as may bring us within the compass and danger of the fourth article of this covenant . 3. since it hath been declared by sundry † acts of parliament , that the holy church of england was founded in the state of prelacy within the realm of england ; we dare not , by endeavouring the extirpation of prelacy , strike at the very foundation , and thereby ( as much as in us lieth ) co-operate towards the ruine of this famous church , which in all conscience and duty we are bound with our utmost lawful power to uphold . lastly , in respect of our obligations to his majesty by our duty and oaths ; we are not satisfied how we can swear to endeavour the extirpation of the church government by law established , without forfeiture of those obligations . 1. having in the oath of supremacy acknowledged the king to be the only supreme governour in all ecclesiastical causes , and over all ecclesiastical persons ; & having bound our selves both in that oath , and by our protestation , to maintain the king's honour , estate , iurisdictions , and all manner of rights : it is clear 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 ecclesiastical laws or government , much less to endeavour the extirpation thereof ; unless the imposers of this covenant had a power and meaning ( which they have openly † disclaimed ) to absolve us of that obedience , which under god we owe unto his majesty , whom they know to be intrusted with the ecclesiastical law. 2. we cannot sincerely and really endeavour the extirpation of this government , without a sincere desire and real endeavour , that his majesty would grant his royal 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 do an act so prejudicial to his honour and conscience , as to consent to the rooting out of that estate , which by so many branches of his * coronation oath he hath in such a solemn manner sworn by the assistance of god to his power to maintain and preserve . 3. by the laws of this land , † the collation of bishopricks and ‖ deanaries ; the * fruits and profits of their lands and revenues during their vacancies ; the † first fruits and yearly tenths out of all ecclesiastical promotions ; and sundry other priviledges , profits , and emoluments , arising out of the state ecclesiastical , 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 fevered 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 , yield our consent ; so having sworn expressly to maintain the king's honour and estate , and to our power to assist and defend all jurisdictions , &c. belonging to his highness , or united and annexed to the imperial 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 * 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 prejudicial to the state of so well a constituted monarchy : insomuch as king iames would often say , what his long experience had taught him , no bishop , no king. which aphorism , though we find in sundry pamphlets of late years to have been exploded with much confidence and scorn ; yet we must profess 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 less blamed for our unwillingness to have any actual concurrence in the extirpating of episcopal 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 sacriledge 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 monarchical government , or at leastwise more prejudicial to the peaceable , orderly , and effectual exercise thereof , than 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 less upon those that follow , contenting our selves with a few ( the most obvious ) of those many great , and ( as we conceive ) just exceptions that lie there against . in the third article , we are not satisfied that our endeavour to preserve and defend the kings majestie 's person and authority is so limited , as there it is , by that addition , in the preservation and defence of the true religion and liberties of the kingdom . forasmuch as 1. no such limitation of our duty in that behalf is to be found , either in the oaths of supremacy and allegiance ( 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 priviledges of parliaments , and the liberties of the kingdoms , 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 loosness , 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 actual and real diminution ( as we conceive ) of his majesties just power and greatness : the obtestation would seem very unseasonable ( at the least ) with the same breath to call the world to bear witness 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 loyalty ( to our seeming ) of a very strange nature ; which , the principles of their several religions salved , the conscience of a most resolute papist or sectary may securely swallow , and the conscience of a good protestant cannot but strain 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 evil 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 unlawful intentions and designs . 3. our selves having solemnly protested to maintain the liberty of the subject , and the house of commons having publickly declared against the exercise of an arbitrary power , with order that their said declaration should be printed and published in all the parish churches and chappels of the kingdom , there to stand and remain as a testimony of the clearness of their intentions ; whether the subjecting of our selves and brethren by oath unto such punishments , as shall be inflicted upon us ( without law of merit ) at the sole pleasure of such uncertain 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 do , 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 fifth article , being the settling and continuance of a firm peace and union between the three kingdoms , since it is our bounden duty to desire , and according to our several places and interests by all lawful means 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 do not see , nor therefore can acknowledge the happiness of such a blessed peace between the three kingdoms ( 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 kingdoms engaged in that war. 2. that since no peace can be firm 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 kingdoms , unless 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 laws and continued unquestioned customes of the several kingdoms 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 mutual defence for the prosecution of the late war , was the cause of religion , liberty , and peace of the kingdoms ; and that it so much concerned the glory of god , and the good of the kingdoms , and the honour of the king. 2. if all the premisses were so clear , that we durst yield 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 ; unless we were as clearly satisfied concerning the lawfulness of the means to be used for the supporting of such a cause . for since evil 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 kingdoms , 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 laws , 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 do not know any antichristian yoke under which we were held in these kingdoms , and from which we owe to this either war or covenant our freedom ; unless by the antichristian yoke be meant episcopal government , which we hope no man that pretendeth to truth and charity will affirm . 2. we do 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 less 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 several dominions . 4. the tyranny and yoke of antichrist , if laid upon the nooks of subjects by their lawful sovereigns , is to be thrown off by christian boldness in confessing the truth , and patient suffering for it ; not by taking up arms , or violent resisting of the higher powers . §. vi. some considerations concerning the meaning of the covenant . our aforesaid scruples are much strengthened by these ensuing considerations . first , that whereas no oath , which is contradictory to it self , 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 less effectual ) seemeth to us to contain sundry contradictions ; as namely , amongst others , these . 1. to preserve as it is , without change , and yet to reform 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 , schisms , and prophaneness ; and yet withal 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 do believe the restoring and continuance thereof would be the most proper and effectual remedy . 5. to preserve with our estates and lives the liberties of the kingdom ; 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 laws ; and to put our lives and estates under the arbitrary power of such as may take away both from us when they please , not only without , but even against law , if they shall judge it convenient so to do . secondly , we find in the covenant sundry expressions of dark or doubtful construction , whereunto we cannot swear in judgment till their sense be cleared and agreed upon . as , who are the common enemies ? and which be the best reformed churches ? mentioned in the first article . who ( in the fourth article ) are to be accounted malignants ? how far that phrase of hindring reformation may be extended ? what is meant by the supreme iudicatory of both the kingdoms ? 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 than we are yet aware of . for in the first article , 1. whereas we are to endeavour the reformation of religion in this kingdom 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 † declaration ) than 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 grief and fears had been less , if we could have observed the extirpation of popery , heresie , schism , and prophaneness , 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 quickness used to fetch in the revenues of the church , and the sacred utensils ( no otherwise guilty of superstition , for ought we know , than that they are worth something ; ) and on the other side , so little yet done toward the extirpation of heresie , schism , and profaneness ( as things of less temporal advantage ; ) we cannot dissemble our suspicion , that the designers of this covenant might have something else before their eyes , besides what in the beginning of the introduction is expressed ; and that there is something meant in this article that looketh so like sacriledge , 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 king's person and authority ought to be with subordination to the preservation of the rights and priviledges of parliaments , and the liberties of the kingdom , which are * in the first place , and before it to be endeavoured ; we hope we shall be excused , if we dare not take the covenant in this sense ; especially , considering that if the argument be of any force , it will bind us at least as strongly to endeavour the maintenance of the king's 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 kingdoms , was not to be understood exclusively : yet when we find that the house of commons in their answer to the scotish papers , do † often press that limitation , as without which the endeavouring to preserve the king's majestie 's person and authority ought not to be mentioned ; it cannot but deterr 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 kingdom , &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 divellish ; we dare not by subscribing this article , seem to give the least countenance thereunto . 4. but it striketh us with horrour to think what use hath been made of this fourth article , concerning the punishment of malignants , &c. as by others otherways , so especial-by the corrector of a speech without doors , written in the defence of m. challoner's speech ; who is so bold as to tell the parliament , that they are bound by their covenant ( for the bringing of evil instruments to condign punishment ) to destroy the king and his posterity ; and that they cannot justifie the taking away of strafford's and canterbury's lives for delinquency , whilst they suffer the chief delinquent to go unpunished . §. vii . of the salvo's . the salvo's that we have usually met withal , for the avoiding of the aforesaid scruples , either concerning the whole covenant , or some particulars therein of special importance ; we find upon examination to be no way satisfactory to our consciences . the first is , that we may take the the covenant in our own sense : but this ( in a matter of this nature , viz. an imposed promissory 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 unless it be full of simplicity , cannot be sworn in truth and righteousness , 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 mind ; 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 mutual assurance of mutual assistance and defence : if one may be allowed to take it in one sense , and another in a contrary , the covenanters shall have no more assurance of mutual assistance each from other after the taking of the covenant , than they had before . 4. contrary to the solemn profession made by each covenanter ( in express tearms 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 scandal upon our religion , 1. that we practice that our selves , which we condemn in the papist , viz. swearing with jesuitical equivocations and mental reservations . 2. that we take the glorious and dreadful name of god in vain ; and play fast and loose with oaths : inasmuch as what we swear to day in one sense , we may swear the direct contrary to morrow in another . and 3. it will give strength to that charge which is laid to the presbyterian party in special , both * by iesuites and † sectaries ; that there is no faith to be given to protestants , whatever they swear ; because they may swear one thing in their words , and in their own sense mean another . 2. the second way is , to take the covenant with these or the like general salvo's expressed , viz. so far as lawfully i may ; so far as it is agreeable to the word of god , and the laws of the land ; saving all oaths by me formerly taken , &c. but 1. we believe this mocking of god would be so far from freeing us from the guilt of perjury , that thereby we should rather contract a new guilt of most vile and abominable hypocrisie . 2. it seemeth all one unto us ( the thing being otherwise supposed unlawful ) as if we should swear to kill , steal , commit adultery , or forswear our selves , so far as lawfully we may . 3. if this would satisfie the conscience , we might with a good conscience not only take the present covenant , but even subscribe to the council of trent also ; yea , and to the turkish alcoran ; and swear to maintain and defend either of them , viz. so far as lawfully we may , or as they are agreeable to the word of god. thirdly , for the second article in particular , in the branch concerning the extirpation of church government , we are told that it is to be understood of the whole government , taken collectively , and in sensu composito , so as if we do endeavour but the taking away of apparitors only , or of any other one kind of inferious officers belonging to the ecclesiastical hierarchy , we shall have sufficiently discharged our whole promise in that particular , without any prejudice done to episcopacy . but 1. neither the composers of the covenant by their words , nor the imposers of it by their actions , have given us the least signification that they meant no more . 2. yea rather , if we may judge either by the cause or the effects , we may well think there was a meaning to extirpate the whole government , and every part thereof , in the article expressed . for 1. the covenant being ( as we have no cause to doubt ) framed at the instance of the scots , and for the easier procuring of their assistance in the late war , was therefore in all reason so to be framed and understood as to give them satisfaction , and ( considering what themselves have * declared against episcopacy ) we have little reason to believe the taking away apparitors , or any thing less than the rooting out of episcopacy it self , would have satisfied them . 2. the proceedings also since the entring of this covenant in endeavouring by ordinance of parliament to take away the name , power , and revenues of bishops do sadly give us to understand what was their meaning therein . fourthly , as to the scruples that arise from the sovereignty of the king , and the duty of allegiance as subjects , we find two several ways of answering , but little satisfaction in either . 1. the former , by saying ( which seemeth to us a piece of unreasonable and strange divinity ) that protection and subjection standing in relation either to other , the king being now disabled to give us protection , we are thereby freed from our bond of subjection . whereas 1. the subjects obligation ( ius subjectionis ) doth not spring from , nor relate unto the actual exercise of kingly protection ; but from and unto the prince's obligation to protect ( ius protectionis ) . which obligation lying upon him as a duty which he is bound in conscience to perform , when it is in his power so to do ; the relative obligation thereunto lieth upon us as a duty which we are bound in conscience to perform , when it is in our power so to do . his inability therefore to perform his duty doth not discharge us from the necessity of performing ours , so long as we are able to do it . 2. if the king should not protect us , but neglect his part , though having power and ability to perform it ; his voluntary neglect ought not to free us from the faithful performance of what is to be done on our part . how much less then ought we to think our selves disobliged from our subjection , when the non-protection on his part is not from the want of will , but of power ? 2. the later ( wherein yet some have triumphed ) by saying that the parliament being the supreme judicatory of the kingdom , the king , wheresoever in person , is ever present there in his power , as in all other courts of justice : and that therefore whatsoever is done by them , is not done without the king , but by him . but craving pardon first , if in things without our proper sphere we hap to speak unproperly or amiss ; we must next crave leave to be still of the same mind we were , till it shall be made evident to our understandings , that the king is there in his power , as it is evident to our senses , that he is not there in his person : which so far as our natural reason and small experience will serve us to judge , all that hath been said to that purpose can never do . for , first , to the point of presence : 1. we have been brought up in a belief that for the making of laws the actual † royal assent was simply necessary , and not only a virtual assent supposed to be included in the votes of the two houses : otherwise , what use can be made of his negative voice ? or what need to * desire his royal assent to that which may be done as well without it ? 2. the † statute providing that the king's assent to any bill signified under his great seal shall be to all intents of law as valid and effectual , as if he were personally present , doth clearly import that as to the effect of making a law , the kings power is not otherwise really present with the two houses , than it appeareth either in his person or under his seal : any other real presence is to us a riddle , not much unlike to that of transubstantion : an imaginary thing , rather devised to serve turns , than believed by those that are content to make use of it . 3. such presence of the king there , when it shall be made appear to us either from the writs , whereby the members of both houses are called together , or by the standing laws of the land , or by the acknowledged judgment and continued practice of former and later ages , or by any express from the king himself , clearly declaring his mind to that purpose , we shall then as becometh us , acknowledge the same , and willingly submit thereunto . and as for the argument drawn from the analogy of other courts , wherein the king's power is always supposed to be virtually present , under submission we conceive it is of no consequence . 1. the arguments à minore and à majore are subject to many fallacies ; and , unless there be a parity of reason in every requisite respect between the things compared , will not hold good : a petty constable ( they say ) may do something which a justice of peace cannot do : and the steward of a petty mannor hath power to administer an oath , which ( as we are told ) the house of commons it self hath no power to do . 2. that the high court of parliament is the supream judicatory , we have been told it is by virtue of the king 's right of presiding there , he being * the supream iudge , and the members of both houses his council : which being so , the reason of difference is plain between that and other judicatories in sundry respects . 1. the judges in other courts are deputed by him , and do all in his name , and by his authority ; and therefore the presence of his power in those courts of ministerial jurisdiction is sufficient , his personal presence not necessary , neither hath he any personal vote therein at all . but in the high court of parliament , where the king himself is the supream judge , judging in his own name and by his own authority , his power cannot be presumed to be really present without either the actual presence of his person , or some virtual representation thereof signified under his great seal . 2. the judges in inferiour courts , because they are to act all in his name , and by his authority , do therefore take oaths of fidelity for the right exercising of judicature in their several places ; sitting there , not by any proper interest of their own , but only in right of the king , whose judges they are , and therefore they are called the king's judges and his ministers . but in the high court of parliament , the lords and commons sit there in council with the king as supream judge for the good of the whole realm ; and therefore they are not called the king's judges , but the king's council : and they have their several proper rights and interests peculiar and distinct both between themselves , and from that of the kings ; by reason whereof they become distinct * orders , or , as of late times they have been styled ( in this sense we conceive ) † three distinct estates . each of which being supposed to be the best conservators of their own proper interest ; if the power of any one estate should be presumed to be virtually present in the other two , that estate must needs be inevitably liable to suffer in the proper interests thereof : which might quickly prove destructive to the whole kingdom ; the safety and prospetity of the whole consisting in the conservation of the just rights and proper interests of the main parts , viz. the king , lords , and commons inviolate and entire . 3. the judges of other courts , forasmuch as their power is but ministerial and meerly judicial , are bounded by the present laws , and limited also by their own acts ; so as they may neither swerve from the laws in giving judgment , nor reverse their own judgments after they are given . but the high court of parliament , having ( by reason of the king 's supream power presiding therein ) a power legislative as well as judicial , are not so limited by any earthly power , but that they may change and over-rule the laws and their own acts at their pleasure . the king 's personal assent therefore is not needful in those other courts , which are bounded by those laws whereunto the king hath already given his personal assent ; but unto any act of power beside , beyond , above , or against the laws already established , we have been informed , & it seems to us very agreeable to reason , that the king 's personal assent should be absolutely necessary : forasmuch as every such act is the exercise of a legislative , rather than of a judicial power ; and no act of legislative power in any community ( by consent of all nations ) can be valid , unless it be confirmed by such person or persons as the sovereignty of that community resideth in . which sovereignty , with us , so undoubtedly resideth in the person of the king , that his ordinary style runneth , — our † sovereign lord the king : and he is in the oath of supremacy expresly acknowledged to be the only supream governour within his realms . and we leave it to the wisdom of others to consider what misery and mischief might come to the kingdom , if the power of any of these three estates should be swallowed up by any one , or both the other , and if then under the name of a judicial , there should be yet really exercised a legislative power . 4. since all judicial power is radically and originally in the king ( who is for that cause styled by the laws * the fountain of iustice ) and not in any other person or persons , but by derivation from him : it seemeth to us evident , that neither the judges of inferiour courts of ministerial justice , nor the lords and commons assembled in the high court of parliament , may of right exercise any other power over the subjects of this realm , than such as by their respective patents and writs issued from the king , or by the known established laws of the land formerly assented unto by the kings of this realm , doth appear to have been from him derived unto them . which laws , patents , and writs being the exact boundary of their several powers , it hath not yet been made appear to our understandings , either from the laws of the realm , or from the tenour of those writs by which the parliament is called , that the two houses of parliament have any power without the king to order , command , or transact ; but with him * to treat , consult , and advise concerning the great affairs of the kingdom . in which respect they have sundry times in their declarations to his majesty called themselves by the name of his great council . and those laws and writs are ( as we conceive ) the proper topick , from which the just power of the honourable houses can be convincingly deduced ; and not such frail collections , as the wits of men may raise from seeming analogies and proportions . §. viii . of the negative oath . we are not satisfied how we can submit to the taking of the negative oath , 1. without forseiture of that liberty which we have sworn , and are bound to preserve . with which liberty we conceive it to be inconsistent , that any obligation should be laid upon the subject by an oath not established by act of parliament . 2. without abjuring our † natural allegiance , and violating the oaths of supremacy and allegiance by us formerly taken . by all which being bound to our power to assist the king , we are by this negative oath required to swear , from our heart , not to assist him . 3. without diminution of his majesties just power and greatness , contrary to the third article of the covenant ; by acknowledging a power in the two houses of parliament , in opposition to the king's power . whereas we profess our selves unable to understand , how there can be any lawful power exercised within this realm , which is not subordinate to the power of the king. §. ix . of the ordinances concerning the discipline and directory . 1. first , concerning them altogether ; we are not satisfied how we can submit to such ordinances of the two houses of parliament not having the royal assent , 1. as are contrary to the established laws of this realm , contained in such acts of parliament as were made by the joint consent of king , lords , and commons . 2. nor so only , but also pretend by repeal to abrogate such act of acts. for , since ejusdem est potestatis destruere , cujus est constituere , it will not sink with us , that a letter power can have a just right to cancel and annul the act of a greater . 3. especially the whole power of ordering all matters ecclesiastical , being by the laws in express words for ever annexed to the imperial 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 eradiction of a government of reverend antiquity in the church . which ( notwithstanding the several changes of religion within this realm ) hath yet from time to time been continued and confirmed by the publick laws and great charters of the kingdom : than which there cannot be a more ample testimony that it was ever held agreeable to the civil government and the subjects liberty : which also the successive kings of this realm at their several coronations have solemnly sworn to preserve : and the continuance whereof for sundry reasons before ( upon the second article of the covenant ) specified , we heartily wish and desire . 2. but if the word discipline be taken ( as it is in the first article of the covenant ) as contra-distinguished 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 mean quality , for the keeping back of thousands of well-meaning christians from the benefit and comfort of the blessed sacrament : an austerity , for which there appeareth not to us any probable warrant from the word of god ; but which seemeth rather repugnant , as to the general principles of christian prudence and charity , so to the directions and practice of st. paul in particular ; who in a church abounding with sundry errours and corruptions both in faith and manners ( having first given order for the excommunicating of one only person , that by shameless continuance in a notorious sin had brought a foul scandal upon the gospel ) sufficing himself then with a general proposal of the great danger of unworthy communicating , remitteth every other particular person to a self-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 judgment , and the continuance of the present laws ) consent to the taking away of the book of common prayer . 1. which by our subscriptions most of us have approved ; with a solemn promise therewithal , in the publick service to use the form prescribed therein , and no other . 2. which according to our said subscription and promise , and our bounden duty according to the statute in that case provided , we have hitherto used in our churches , chappels , and other oratories , to the great benefit and comfort of our souls . 3. which we verily believe 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 have been heretofore taken thereat ; and which we are 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 continuing the form of prayer therein enjoyned , and of not admitting any directory or other form to the prejudice thereof , till the said act shall by the like good and full authority be repealed . in which statute there is not only an express 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 do ; 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 compel , or otherwise procure or maintain any minister to say open prayer , or to minister any sacrament in any other manner or form than is mentioned in the said book ; or shall interrupt or hinder any minister in the use of the said forms , as by the words of the said statute more at large may appear . which statute also hath had such universal powerful 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 forms and rites mentioned in that book , is expressed as the most proper legal character , whereby to distinguish a popish recusant from a true protestant . insomuch 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 judgment concerning the said covenant , negative oath , and ordinances , which upon better information in any particular , we shall be ready to rectifie . only we desire it may be considered , that if any one single scruple or reason in any the premisses remain 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 press us , nor lawful for us that cannot be satisfied to submit to the said covenant , oath , and ordinances . quintil . quis damnaverit eum , qui duabus potentissimis rebus defenditur , jure & mente ? rom . xiv . 22. happy is he that condemneth not himself in that which he alloweth . a sermon of richard hooker author of those learned books of ecclesiastical politie , found in the study of the late learned bishop andrews . london , printed for richard marriott . 1678. a sermon of richard hooker , &c. matth . vii . 7. ask , and it shall be given you ; seek , and you shall find ; knock , and it shall be opened unto you . for whosoever asketh , &c. as all the creatures of god , which attain their highest perfection by process of time , are in their first beginning raw ; so man in the end of his race the perfectest , is at his entrance thereunto the weakest , and thereby longer enforced to continue a subject for other mens compassions to work upon voluntarily , without any other perswader , besides their own secret inclination , moving them to repay to the common stock of humanity such help , as they know that themselves before must needs have borrowed ; the state and condition of all slesh being herein alike . it cometh hereby to pass , that although there be in us , when we enter into this present world , no conceit or apprehension of our own misery , and for a long time after no ability , as much as to crave help or succour at other mens hands ; yet through his most good and gracious providence , which feedeth the young , even of feathered fowls and ravens ( whose natural significations of their necessities are therefore termed in scripture prayers and invocations which god doth hear ) we , amongst them , whom he values at a far higher rate than millions of brute creatures , do find by perpetual experience , daily occasions given unto every of us , religiously to acknowledge with the prophet david , thou , o lord , from our birth hast been merciful unto us , we have tasted thy goodness hanging even at our mothers breasts . that god , which during infancy preserveth us without our knowledge , teacheth us at years of discretion how to use our own abilities for procurement of our own good . ask , and it shall be given you ; seek , and you shall find ; knock , and it shall be opened unto you . for whosoever doth ask , shall receive ; whosoever doth seek , shall find ; the door unto every one which knocks shall be opened . in which words we are first commanded to ask , seek , and knock : secondly , promised grace answerable unto every of these endeavours ; asking , we shall have ; seeking , we shall find ; knocking , it shall be opened unto us : thirdly , this grace is particularly warranted , because it is generally here averred , that no man asking , seeking , and knocking shall fail of that whereunto his serious desire tendeth . 1. of asking or praying i shall not need to tell you , either at whose hands we must seek our aid , or to put you in mind that our hearts are those golden censers from which the fume of this sacred incense must ascend . for concerning the one , you know who it is which hath said , call upon me ; and of the other , we may very well think , that if any where , surely first and most of all in our prayers , god doth make his continual claim , fili , da mihi cor tuum , son , let me never fail in this duty to have thy heart . against invocation of any other than god alone , if all arguments else should fail , the number whereof is both great and forcible , yet this very barr and single challenge might suffice ; that whereas god hath in scripture delivered us so many patterns for imitation when we pray , yea , framed ready to our hands in a manner all , for suits and supplications , which our condition of life on earth may at any time need , there is not one , no not one to be found directed unto angels , saints , or any , saving god alone . so that , if in such cases as this we hold it safest to be led by the best examples that have gone before , when we see what noah , what abraham , what moses , what david , what daniel and the rest did ; what form of prayer christ himself likewise taught his church ; and what his blessed apostles did practice , who can doubt but the way for us to pray so as we may undoubtedly be accepted , is by conforming our prayers to theirs , whose supplications we know were acceptable ? whoso cometh unto god with a gift , must bring with him a chearful heart , because he loveth hilarem datorem , a liberal and frank affection in giving . devotion and fervency addeth unto prayers the same that alacrity doth unto gifts ; it putteth vigour and life in them . prayer proceedeth from want , which being seriously laid to heart , maketh suppliants always importunate ; which importunity our saviour christ did not only tolerate in the woman of canaan , matth. 15. but also invite and exhort thereunto , as the parable of the wicked judge sheweth , luke 13. our fervency sheweth us sincerely affected towards that we crave : but that which must make us capable thereof , is an humble spirit ; for god doth load with his grace the lowly , when the proud he sendeth empty away : and therefore to the end that all generations of the world might know how much it standeth them upon to beware of all lofty and vain conceits when we offer up our supplications before him , he hath in the gospel both delivered this caveat , and left it by a special chosen parable exemplified . the pharisee and publican having presented themselves in one and the same place , the temple of god , for performance of one and the same duty , the duty of prayer , did notwithstanding in that respect only so far differ the one from the other , that our lords own verdict of them remaineth as ( you know ) on record , they departed home , the sinful publican , through humility of prayer , just ; the just pharisee , through pride , sinful . so much better doth he accept of a contrite peccavi , than of an arrogant deo gratias . asking is very easie , if that were all god did require : but because there were means which his providence hath appointed for our attainment unto that which we have from him , and those means now and then intricated , such as require deliberation , study , and intention of wit ; therefore he which imboldeneth to ask , doth after invocation exact inquisition ; a work of difficulty . the baits of sin every where open , ready always to offer themselves ; whereas that which is precious , being hid , is not had but by being sought . praemia non ad magna praevenitur nisi per magnos labores , bernard : straitness and roughness are qualities incident unto every good and perfect way . what booteth it to others that we wish them well , and do nothing for them ? as little our selves it must needs avail , if we pray and seek not . to trust to labour without prayer , it argueth impiety and prophaneness ; it maketh light of the providence of god : and although it be not the intent of a religious mind ; yet it is the fault of those men whose religion wanteth light of mature judgment to direct it , when we joyn with our prayer slothfulness & neglect of convenient labour . he which hath said , if any man lack wisdom , let him ask — hath in like sort commanded also to seek wisdom , to search for understanding as for treasure . to them which did only crave a seat in the kingdom of christ , his answer , as you know , in the gospel was this , to sit at my right hand and left hand in the seat of glory is not a matter of common gratuity , but of divine assignment from god. he liked better of him which enquired , lord , what shall i do that i may be saved ? and therefore him he directeth the right and ready way , keep the commandments . i noted before unto you certain special qualities belonging unto you that ask : in them that seek there are the like : which we may observe it is with many as with them of whom the apostle speaketh , 2 tim. 3.7 . they are alway learning , and never able to come to the knowledge of the truth . ex amore non quaerunt , saith bernard ; they seek because they are curious to know , and not as men desirous to obey . it was distress and perplexity of mind which made them inquisitive , of whom st. luke in the acts reporteth , that sought counsel and advice with urgent solicitation : men and brethren , sith god hath blessed you with the spirit of understanding above others , hide not from miserable persons that which may do them good ; give your counsel to them that need and crave it at your hands , unless we be utterly forlorn : shew us , teach us , what we may do and live . that which our saviour doth say of prayer in the open streets , of causing trumpets to be blown before us when we give our alms , and of making our service of god a means to purchase the praise of men , must here be applied to you , who never seek what they ought , but only when they may be sure to have store of lookers on . on my bed , saith the canticles , there did i seek whom my soul doth love . when therefore thou resolvest they self to seek , go not out of thy chamber into the streets , but shun that frequency which distracteth ; single thy self from thy self , if such sequestration may be attained . when though seekest , let the love of obedience , the sense and feeling of thy necessity , the eye of singleness and sincere meaning guide thy footsteps , and thou canst not slide . you see what it is to ask and seek ; the next is knock. there is always in every good thing which we ask , and which we seek , some main wall , some barr'd gate , some strong impediment or other objecting it self in the way between us and home ; for removal whereof , the help of stronger hands than our own is necessary . as therefore asking hath relation to the want of good things desired , and seeking to the natural ordinary means of attainment thereunto ; so knocking is required in regard of hindrances , lets , or impediments , which are doors shut up against us , till such time as it please the goodness of almighty god to set them open . in the mean while our duty here required is to knock . many are well contented to ask , and not unwilling to undertake some pains in seeking ; but when once they see impediments which flesh and blood doth judge invincible , their hearts are broken . israel in egypt subject to miseries of intolerable servitude , craved with sighs and tears deliverance from that estate , which then they were fully perswaded they could not possibly change , but it must needs be for the better . being set at liberty to seek the land which god hath promised unto their fathers , did not seem tedious or irksome unto them : this labour and travel they undertook with great alacrity , never troubled with any doubt , nor dismayed with any fear , till at the length they came to knock at those brazen gates , the barrs whereof , as they have no means , so they had no hopes to break asunder . mountains on this hand , and the roaring sea before their faces ; then all the forces that egypt could make , coming with as much rage and fury as could possess the heart of a proud , potent , and cruel tyrant : in these straits , at this instant , oh that we had been so happy as to die where before we lived a life , though toylsom , yet free from such extremities as now we are fallen into ! is this the milk and honey that hath been so spoken of ? is this the paradise , in description whereof so much glosing and deceiving eloquence hath been spent ? have we after four hundred and thirty years left egypt to come to this ? while they are in the midst of their mutinous cogitations , moses with all instancy beateth , and god with the hand of his omnipotency casteth open the gates before them , maugre even their own both infidelity and despair . it was not strange then , nor that they afterward stood in like repining terms ; for till they came to the very brink of the river iordan , the least cross accident , which lay at any time in their way , was evermore unto them a cause of present recidivation and relapse . they having the land in their possession , being seated in the heart thereof , and all their hardest encounters past , ioshua and the better sort of their governours , who saw the wonders which god had wrought for the good of that people , had no sooner ended their days , but first one tribe , than another , in the end all delighted in ease ; fearful to hazard themselves in following the conduct of god , weary of passing so many strait and narrow gates , condescended to ignominious conditions of peace , joyned hands with infidels , forsook him which had been always the rock of their salvation , and so had none to open unto them , although their occasions of knocking were great afterward , moe and greater than before . concerning issachar , the words of iacob , the father of all the patriarchs , were these ; issachar , though bonny and strong enough unto any labour , doth couch notwithstanding as an ass under all burthens ; he shall think with himself that rest is good , and the land pleasant , he shall in these considerations rather endure the burthen and yoke of tribute , than cast himself into hazard of war , gen. 49. we are for the most part all of issachar's disposition , we account ease cheap , howsoever we buy it . and although we can happily frame our selves sometimes to ask , or endure for a while to seek ; yet loth we are to follow a course of life , which shall too often hem us about with those perplexities , the dangers whereof are manifestly great . but of the duties here prescribed of asking , seeking , knocking , thus much may suffice . the promises follow which god hath made . 2. ask and receive , seek and find , knock and it shall be opened unto you . promises are made of good things to come ; and such , while they are in expectation , have a kind of painfulness with them ; but when the time of performance and of present fruition cometh , it bringeth joy . abraham did somewhat rejoyce in that which he saw would come , although knowing that many ages & generations must first pass : their exultation far greater , who beheld with their eys , and imbraced in their arms him which had been before the hope of the whole world . we have found that messias , have seen the salvation ; behold here the lamb of god which taketh away the sins of the world . these are speeches of men not comforted with the hope of that they desire , but rap'd with admiration at the view of enjoyed bliss . as oft therefore as our case is the same with the prophet davids ; or that experience of god's abundant mercy towards us doth wrest from our mouths the same acknowledgments which it did from his , i called on the name of the lord , and he hath rescued his servant : i was in misery and he saved me : thou lord hast delivered my soul from death , mine eyes from tears , and my feet from falling : i have ask'd and received , sought and found , knock'd and it hath been oopened unto me : can there less be expected at our hands , than to take the cup of salvation , and bless , magnifie , and extoll the mercies heaped upon the heads of the sons of men ? ps. 116. are we in the case of them , who as yet do any ask and have not received ? it is but attendance a small time , we shall rejoyce then ; but how ? we shall find , but where ? it shall be opened , but with what hand ? to all which demands i must answer , use the words of our saviour christ , quid hoc ad te , what are these things unto us ? is it for us to be made acquainted with the way he hath to bring his counsel & purposes about ? god will not have great things brought to pass , either altogether without means , or by those means altogether which are to our seeming probable and likely . not without means , lest under colour of repose in god we should nourish at any time in in our selves idleness : not by the meer hability of means gathered together through our own providence , lest prevailing by helps which the common course of nature yieldeth , we should offer the sacrifice of thanksgiving for whatsoever prey we take to the nets which our singers did weave ; than which there cannot be to him more intolerable injury offered vere & absque dubio , saith st. bernard , hoc quisque est pessimus quo optimus , si hoc ipsum quo est optimus ascribat sibi ; the more blest , the more curst , if we make his graces our own glory , without imputation of all to him ; whatsoever we have we steal , and the multiplication of gods favours doth but aggravate the crime of our sacriledge : he knowing how prone we are to unthankfulness in this kind , tempereth accordingly the means , whereby it is his pleasure to do us good . this is the reason , why god would neither have gideon to conquer without any army , nor yet to be furnish'd with too great an host . this is the cause why , as none of the promises of god do fail , so the most are in such sort brought to pass , that , if we after consider the circuit , wherein the steps of his providence have gone , the due consideration thereof cannot choose but draw from us the very self same words of astonishment , which the blessed apostle hath ; o the depth of the riches of the wisdom of god! how unsearchable are his counsels , and his ways past finding out ! let it therefore content us always to have his word for an absolute warrant ; we shall receive and find in the end ; it shall at length be opened unto you : however , or by what means , leave it to god. 3. now our lord groundeth every mans particular assurance touching this point upon the general rule and axiom of his providence , which hath ordained these effects to flow and issue out of these causes ; gifts of suits , finding out of seeking , help out of knocking ; a principle so generally true , that on his part it never faileth . for why ? it is the glory of god to give ; his very nature delighteth in it ; his mercies in the current , through which they would pass , may be dried up , but at the head they never fail . men are soon weary both of granting and of hearing suits , because our own insufficiency maketh us still affraid , lest by benefiting of others we impoverish our selves . we read of large and great proffers , which princes in their fond and vainglorious moods have poured forth : as that of herod ; and the like of ahasuerus in the book of hester . ask what thou wilt , though it reach to the half of my kingdom , i will give it thee : which very words of profusion do argue , that the ocean of no estate in this world doth so flow , but it may be emptied . he that promiseth half of his kingdom , foreseeth how that being gone , the remainder is but a a moiety of that which was . what we give we leave ; but what god bestoweth benefiteth us , and from him it taketh nothing : wherefore in his propositions there are no such fearful restraints ; his terms are general in regard of making , whatsoever ye ask the father in my name ; and general also in respect of persons , whosoever asketh , whosoever seeketh . it is true , st. iames saith , ye ask , and yet ye receive not , because you ask amiss ; ye crave to the end ye might have to spend upon your own lusts . the rich man sought heaven , but it was then , when he felt hell. the virgins knocked in vain , because they overslipped their opportunity ; and when the time was to knock , they slept : but quaerite dominum dum inveniri potest , perform these duties in their due time and due sort . let there , on our part , be no stop , and the bounty of god we know is such , that he granteth over and above our desires . saul sought an ass , and found a kingdom . solomon named wisdom , and god gave solomon wealth also , by way of surpassing . thou hast prevented thy servant with blessings , saith the prophet david . he asked life , and thou gavest him long life , even for ever and ever . god a giver ; he giveth liberally , and upbraideth none in any wise : and therefore he better knoweth than we the best times , and the best means , and the best things , wherein the good of our souls consisteth . finis . notes, typically marginal, from the original text notes for div a67467-e710 phil. 1.6 . chap. 3.17 . psal. 34.11 psal. 1 30. colos. 1.24 . ga. 6.2 . iob 31. * theucidides . psal. 119. 147. psal. 32.2 . notes for div a67467-e8530 * sir , i pray note , that all that follows in the italian character , are dr. sanderson's own words , excellently worthy , but no where else extant ; and commend him as much , as any thing you can say of him . t.p. † arriba . notes for div a67467-e9470 † rob. boyle , esq. notes for div a67467-e10110 1. law. object . 1. answ. object . 2. scandal . 1 sam. 2. 17.22 . exod. 21. 33 , 34. object . 3. schism . 1 thess. 5. notes for div a67467-e29030 * such an oath , as for matter , persons , and other circumstances , the like hath not been in any age or oath we read of in sacred or humane stories . m. nye , covenant with narrative , pag. 12. † pactum est duorum pluriúmvs in . idem placitum consensus . l. 1. ff . de pactis . * whereas many of them have had an oath administered unto them not warrantable by the laws and statutes of this realm ; they do humbly pray that no man hereafter be compelled to take such an oath — all which they most humbly pray — as their rights and liberties according to the laws and statutes of this realm petit. of right , 3. carol. † it is declared , 16 jan. 1642. that the king cannot compell men to be sworn without an act of parliament . exact . collect. pag. 859 , 860. * proclam . of 9. octob. 19 car. † ( viz. ) in accounting bishops antichristian , and indifferent ceremonies unlawful . * ( viz. ) in making their discipline and government a mark of the true church , and the setting up thereof the erecting of the throne of christ. † let us not be blamed if we call it parliament religion , parliament gospel , parliament faith , warding , confut . of apology , part 6. chap. 2 , † stat. 13. eliz. 12. * such iurisdictions , priviledges , superiorities and preheminences spiritual and ecclesiastical , as by any , &c. for the visitation of the ecclesiastical state and persons , and for reformation , order and correction of the same , and of all manner of errours , heresies , schisms , abuses , offences , contempts and enormities , shall for ever by authority of this present parliament be united and annexed to the imperial crown of this realm . an act restoring to the crown the ancient jurisdiction , &c. 1 eliz. 1. † art. 36. * — give advantage to this malignant party to traduce our proceedings . they infuse into the people that we mean to abolish all church government — — remonst . 15 dec. 1641. exact collect. p. 19. the lords and commons do delare , that they intend a due and necessary reformation of the government and liturgy of the church , and to take away nothing in the one or in the other , but what shall be evil , and justly offensive , or at least unnecessary and barthensome : declar. 9 apr. 1642. exact . coll. p. 135. † statute of carlisle 25 e. 1. recited 25 e. 3. † they infuse into the people , that we mean — to leave every man to his own fancy — absolving him of that obedience which he owes under god unto his majesty , whom we know to be entrusted with the ecclesiastical law , as well as with the temporal . exact . collect. ubi supra , pag. 19. * that he will grant , keep , and confirm the laws , customs , and franchises , granted to the clergy by the glorious king s. edward . and that he will grant and preserve unto the bishops , and to the churches committed to their charge , all canonical priviledges and due law and iustices ; and that he will protect and defend them , as every good king in his kingdom ought to be protector and defender of the bishops and the churches under their government . vide exact . col. pag. 290 , 291. † see stat. 25 h. 8.20 . & 1 e. 6.2 . ‖ see stat. 39 eliz. 8. * stat. 14 e. 3.4 . & 5. & 17 e. 3.14 . † stat. 26 h. 8.3 . & 1 eliz. 4. * — supremam potestatem & merum imperium apud nos habet rex , cambden . whereas by sundry divers old authentick histories and chronicles it is manifestly declared and expressed , that this realm of england is an empire , and so hath been accepted in the world , governed by one supream head and king , having the dignity and royal estate of the imperial crown of the same . stat. 24 h. 8.12 . see also 1 eliz. 3. † the lords and commons do declare , that they intend a due and necessary reformation of the liturgy of the church ; and to take away nothing therein but what shall be evil and justly often five , or at least unnecessary & burthensom . dec. 9 apr. 1642. exact . col. p. 135. * from whence it is most evident , that the rights and privileges of parliaments and liberties of the kingdom are in the first place to be preserved . answer to scotish papers , 18 nov. 1546 , pag. 21 . † we observe you mention the defence of the king twice from the covenant , yet in both places leave out in the preservation and , &c. p. 39 & 46. a main clause without which the other part ought never to be mentioned . p. 56. * heretici nec deo , nec hominibus servant fidem — speciatim hoc addo , calvinistas in hac re deteriores esse quá lutheranos . num calviniste nullem servant fidem : iura perjura . — lutherani moderationes sunt . becan . 5. manual . controv. 14. n. 4. & 6. † invent oaeths and covenants for the kingdom , dispense with them when he pleaseth , swear and forsweae as the wind turneth , like a godly presbyter . arraign . of persec . in epist. ded. * by the covenant both houses of parliament , and many thousands of other his majesties subjects of england and ireland , stand bound as well as we to hinder the setting up of the church government by bishops in the kingdom of scotland ; and that we as well as they stand bound to endeavour the extirpation thereof in england and ireland . scots declaration to the states of the united provinces , 5 aug 1645. recited in answer to the scot's papers , pag. 23 . † the old forms of acts of parliament were the king willeth , provideth , ordaineth , establisheth , granteth , &c. by the assent of parliament , &c. see statutes till 1 h. 4. after that , the king , of the assent of the lords spiritual and temporal , and at the special instance and request of the commons of this realm , hath ordained , &c. see statutes 1 h. 4. till 1 h. 7. a form of such petition of the commons , see 1 r. 3. 6. prayen the commons in this present parliament assembled , that where , &c. please it therefore your highness , by the advice and assent of the lords spiritual and temporal in this your present parliament assembled , and by the authority of the same , to ordain , &c. no bill is an act of parliament , ordinance , or edict of law , although both the houses agree unanimously in it , till it hath the royal assent . ancient customes , pag. 54. assemblee de ceux troys estats est appellee un act de parliament : car sans touts troys n'est ascun act de parl. finch nomotech . sol . 21. we admit that no acts of parliament are compleat , or formally binding , without the king's assent . h. p. answer to david ienkins , pag. 6. * — which if your majesty shall be pleased to adorn with your majesties royal assent ( without which it can neither be compleat and perfect , nor — ) stat. 1 jac. 1. † stat. 33 h. 3. 21. * dominus rex habet ordinariam jurisdictionem , dignitatem & potestatem super omnes qui in regno suo sunt . — ea quae jurisdictionis sunt & paecis — ad nullum pertinent nisi ad coronam & dignitatem regiam , nec à corona sebarari possunt . bracton cited by stamford , lib. 2. cap. 2. * for in our laws , the clergy , nobility , and commonalty are the three estates . — we your said most loving , faithful , and obedient subjects ( viz. the lords spiritual and temporal , and the commons ) representing your three estates of your realm of england , 1 eliz. 3. — the state of the clergy being one of the greatest states of this realm . 8 eliz. 1. † see finch supra ad lit . [ d ] . † the crown of england hath been so free at all times , that it hath been in no earthly subjection , but immediately to god in all things touching the regality of the said crown . — 16 r. 2. 5. omnis sub so est , & ipsi sub nallo , nisi tantum sub deo. parem autem non habet rex in regno suo , quia — item nec multo fortius superiorem aut potentiorem habere dibet , quia sic esset inferior suis subjectis . bracton . conten . 1. rubr. 36. — cui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 legibus ipsis legum vim imponendi potestatem deus dedit . finch nomotech . in epist. dedic . to king iames. * fons iustitiae . bracton . by war to intend the alteration of the laws in any part of them , is to levy war against the king , and consequently treason by the statute of 25 e. 3. — because they are the king's laws . he is the fountain from whence in their several channels they are derived to the subject master saint iohn's speech concerning the earl of strafford pag. 12. * — et ibidem vobiscum colloquium habere , tractare super dictia negotiis tract . vestrumque consilium impensur . writ to the lords . † every subject by the duty of his allegiance is bounden to serve and assist his prince and sovereign lord at all seasons when need shall re quire . 11 h. 7. 18. st. 1 el. 1. 1 cor. 5.1 , &c. 1 cor. 11. 28 , &c. 1 eliz. * stat. 23. eliz. 1. & 29 eliz. 6. & 35 el. 1. & 2. & 3 iac. 4. & 5. master geree's case of conscience sifted wherein is enquired, vvhether the king (considering his oath at coronation to protect the clergy and their priviledges) can with a safe conscience consent to the abrogation of episcopacy. by edward boughen. d.d. mr. gerees case of conscience sifted. boughen, edward, 1587?-1660? 1650 approx. 459 kb of xml-encoded text transcribed from 81 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a28864 wing b3814 estc r216288 99828026 99828026 32453 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a28864) transcribed from: (early english books online ; image set 32453) images scanned from microfilm: (early english books, 1641-1700 ; 1944:2) master geree's case of conscience sifted wherein is enquired, vvhether the king (considering his oath at coronation to protect the clergy and their priviledges) can with a safe conscience consent to the abrogation of episcopacy. by edward boughen. d.d. mr. gerees case of conscience sifted. boughen, edward, 1587?-1660? [8], 71, 70-141, [1] p. [s.n.], london : printed in the yeare, 1650. an edition of: boughen, edward. mr. gerees case of conscience sifted. a reply to: geree, john. a case of conscience resolved. text is continuous despite pagination. reproduction of the original in the congretional library, london. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng geree, john, 1601?-1649. -case of conscience resolved -controversial literature -early works to 1800. church of england -government -early works to 1800. solemn league and covenant (1643). -early works to 1800. episcopacy -early works to 1800. divine right of kings -early works to 1800. church polity -early works to 1800. 2006-06 tcp assigned for keying and markup 2006-06 apex covantage keyed and coded from proquest page images 2007-06 ali jakobson sampled and proofread 2007-06 ali jakobson text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion master geree's case of conscience sifted . wherein is enquired , vvhether the king ( considering his oath at coronation to protect the clergy and their priviledges ) can with a safe conscience consent to the abrogation of episcopacy . aug . de trin. l. 4. c. 6. contra rationem nemo sobrius , contra scripturas nemo christianus , contra ecclesiam nemo pacificus senserit . cypr. ep. 27 dominus noster , cujus praecepta metuere , & observare debemus , episcopi honorem , & ecclesiae suae rationem disposuit . dr. corn . burges . fire of the sanctuary . p. 68. men now count it an high piece of zeal to direct their directors ; and like clock-makers to take the church all in pieces at their pleasure . by edward boughen , d. d. london . printed in the yeare , 1650. to the most excellent and pious prince , charles , king of england , scotland , france , and ireland , defender of the faith , and guardian of the church . sir , it may seem strange to some ; but , my hope is not to your majesty , that i make this dedication , at this time , to your sacred person . the matter of this treatise is in your behalf ; it justifies your solemn oath at coronation , the just necessitie of this oath ; as also your crown and dignity , and the goodliest floure in that crown , supremacy . to whose hands then should i chiefly present it , but to yours ? the times affright me not from my faith , and duty . i remember well , that during the ecclipse of heaven and the king of heaven , there was one , that durst acknowledge our saviours kingdom ; and in the full assurance of his title , preferr'd his petition to him as a king. and shall i be ashamed to do the like ? i know , you are my onely soveraign here on earth . i know , you represent my saviour in his kingly office ▪ though your crown be wreathed with thorns . with all humility therefore i present this acknowledgement of my most loyall affections , which are due to your sacred majestie , from your poore , but most faithfull subject , edward boughen . to the intelligent reader . i was intreated by a very good friend to take mr. gerees case of conscience into consideration , and to bestow some pains in disclosing the weaknesse and foulnesse of his arguing . truly i was willing to undeceive my seduced countreymen , and yee ded to his request . the treatise i finde to be small , but dangerous . it aims at the ruine both of church and kingdom . it perswades the king , that his oath as coronation is a wicked oath , and that he ought to break it . and then wo be to his soul , and the kingdoms safety . yea he affirms it to be a vinculum iniquitatis , the bond of iniquitie . thus he hath knit up out most gracious soveraign , with all his religious predecessors , in the bundle of iniquity no sooner read i this , but b my heart was hot within me ; and while i was musing upon this , and the like blasphemies ▪ the fi●e was kindled within me , and at the last i spake with my tongue . c why should this shimei blaspheme my lord the king ? and d slander the footsteps of those anointed of the lord , that have so long slept in peace ? e because he hath done this wickednesse , the lord shall return it upon his owne pa●e and king charles shall eblessed ; and his throne shall be established before the lord for ever . consult i pray you , with dr. cornelius burges a feirce assembly man , and of great authority among them ; and he will tell you , that f god is tender not onely of the safety , but also of the honour of his anointed . in so much , that g he hath made a law to all , not to revile the gods , nor curse the ruler of the people . which law ( saith he ) not onely proh●biteth imprecations , and seditious railings which are an hellish impiety , though it be but in word onely , ●e the prince never so impious ) but even all rude , bitter , and unseemly speeches . and mr. nathaniel ward in his sermon upon ezech. 19. 14. preached before the commons , june 30. 1647. affirmes h that besides the male administrations of government by magistrates themselves , there is no readier way to prosti●ute it , then to suffer vile men to blaspheme and spit in the face of authority . all this master geree hath done most undeservedly . if then i shall cleare the kings oath from these foule imputations , i shall prove mr. geree to be involved i in the bond of iniquity . and he that is so , k his heart is not right in the sight of god , l he is in the very gall of bitternesse just in simon magus case . i shall therefore take up s. peters words , and advise him , to m repent of this his wickednesse , & to pray god , if perhaps the thought of his heart may be forgiven him . if you conceiv●● i have ventered upon some questions , not so fit to be handled ▪ & without my profession , i beseech you take notice , that this minister hath led me into these undesired , and unpleasant pathes . he that undertakes to answer a book , is bound to confute all , but what he approves . silence in such passages , speaks consent . good reader , let true reason , scripture , and authority guide thee , and then thou shalt be sure to judge impartially . take notice , that j g. stands for mr. john gerees case of conscience . i d. for jus divinum regiminis ecclesiastici . sir robert cotton ; for his treatise , that the soveraignes person is required in the great councels , or assemblies of the state. his majesties oath published by himself in an answer to the lords and commons in parliament . 26. may. 1642. sir , will you grant and keep , and by your oath confirm to the people of england , the laws and customs to them granted by the kings of england , you lawfull and religious predecessors ; and namely the laws , and customs , and franchises granted to the clergie by the glorious king s. edward , your predecessor , according to the laws of god , the true profession of the gospel established in this kingdom , and agreeable to the prerogative of the kings thereof , and the ancient customs of this realme ? rex . i grant and promise to keep them . episcopus . sir , will you keep peace and godly agreement entirely ( according to your power ) both to god and the holy church , the clergie and the people ? rex . i will keep it . episcopus . sir , will you ( to your power ) cause law , justice , and discretion in mercie , and truth to be executed in all your judgments ? rex . i will ▪ episcopus . will you grant to hold and keep the laws and rightfull customs , which the commonaltie of this your kingdom have , and will you defend and uphold them , to the honour of god , so much as in you lieth ? rex . i grant and promise so to do . then one of the bishops reads this admonition to the king , before the people , with a loud voice . our lord and king , we beseech you to pardon & grant , and to preserve unto us , and to the churches committed to our charge , all canonicall priviledges , and due law and justice : and that you would protect and defend us , as every good king ought to be a protector and defender of the bishops and churches under his government . rex . with a willing and devout heart i promise and grant my part , and that i will preserve and maintain to you and the churches committed to your charge ▪ all canonicall priviledges ▪ and due law and justice : and that i will be your protector and defender , to my power , by the assistance of god , as every good king in his kingdome by right ought to protect and defend the bishops and churches under his government . then the king ariseth , and is led to the communion table where he makes a solemne oath , in sight of all the ●●op●e , to observe the premises , and laying his hand on the booke saith , the oath . the things , that i have before promised , i shall perform and keep , so p 〈…〉 me god , and the contents of this book . the contents . chap. i. vvhether the king may lawfully consent to the abrogation of episcopacy . 1. chap. ii. whether the kings oath taken at his coronation , be an unlawfull oath . 4. chap. iii. whether prelacy in the church of england were an usurpation . 9. chap. iv. whether the king may consent to the abrogation of episcopacy , if so that calling be lawfull . 18. chap. v. whether ye have not bound your selves by your solemne league and covenant to maintaine episcopacy . 22. chap. vi. whether the king , without impeachment to his oath at coronation , may consent to the abrogation of episcopacy . 31 chap. vii . whether the king may desert episcopacy without perjury . 37. chap. viii . whether the kings oath to the clergie be injurious to his other subjects , and inconsistent with his oath to the people . 41. chap. ix . how far forth , and wherein the clergie is subject to a parliament , and to what parliament . 52 chap. x. whether it be lawfull for the king to abrogate the rights of the clergie . 60. chap. xi . whether the clergie and laity be two distinct bodies , or one body politicke . that church-men in all ages had some singular priviledges allowed them . 69. chap. xii . whether to sit and vote in parliament be incongruous to the calling of bishops . 78. chap. xiii . certaine light and scandalous speeches concerning prince & preist , tenderly touched . 87. chap. xiv . whether the lands of the church may be forfeited by the misdemeanour of the clergie . 93. chap. xv. whether it be lawfull to take away the bishops lands , and to confer them upon the presbytery . 104. chap. xvi . how far forth the king ought to protect the church & bishops . 114 chap. xvii . whether there be two supremacies in this kingdome . 127 mr. gerees case of conscience sifted . chap. i. whether the king may lawfully consent to the abrogation of episcopacy . 1. i find a case of conscience proposed by mr. geree , and this it is ; a whether the king ( considering his o that coronation , to protect the clergie and their priviledges ) can salvâ conscientiâ consent to the abrogation of episcopacy ? but why ( i pray you ) is the question proposed here , when you have determined it before ? for doth not your title page speak thus ? in this case of conscience it is cleared , that the king may , without impeachment to his oath , touching the clergie at coronation , consent to the abrogation of episcopacy . thus you have full magisterially determined , before the question be so much as proposed . is this the fashion , first to resolve , and then to argue the case ? this may be the course of hereticks ; it is otherwise with good catholicks . but you are resolved to maintain , that a christian may swear and forswear , without the least prejudice to his soul . 2. and your practice is accordingly ; witnesse the oaths of allegiance and supremacy ; which you with your great masters have taken more then once . and those of your perswasion have taken up arms against their soveraign lord , without impeachment to their oath of allegiance ; and maintain that b the parliament is subordinate to no power under heaven , without any breach of the oath of supremacie . and your self , like a good preacher of gods word , have taken the oath of canonicall obedience to the bishop ; and yet endeavour the abrogation of episcopacy , and the extirpation of that order , from whence you had your orders , and without which you could have had no orders . 3. me thinks , the smectymnuans should not endure this proposition , since with them a bishop and a presbyter are one and the same . thus , while you endeavour to ruinate episcopacy , you subvert the presbytery , according to their tenets . i wonder much , how your case hath passed so long unsifted , and uncensured by the divine masters of your learned assembly . 4. but i shall take it for your best advantage , as it is distinguished , or ( as we say ) a distinct order from presbytery . i shall also take into consideration , the severall motives , which you produce for the abrogation of episcopacy . 5. whereof your first is this ; that c there is no hope of the kings or kingdoms safetie , without an union between our king and parliament . i must confesse with anguish of spirit , as matters have been handled , the king and kingdom are driven into a great streight ; and an vnion between our king and your parliament hath been prayed for , and sought for by all commendable , or tolerable means . the hope left us is onely in our god and saviour , whose custome it is to d scatter the proud in the imagination of their hearts ; to pull down the mighty from their throne , and to exalt the humble and meek . thus can he e shew strength with his arm , and do great things for us . and this , i hope , in his due time he will do , and reduce this kingdom from irreligion and sacriledge ; and not cast off the innocent with the prophane blasphemers . oh , that we might begge that blessing from heaven , to see a parliament rightly regulated , religiously minded , and with-out any by ends of their own : f men of courage , fearing god , men dealing truly , hating covetousnesse . such , as will not be g led by a multitude to do evil , or to subvert the truth . i am certain , we should then have an union , a blessed vnion between king and parliament . 6. but by you it seems , that h there is now no probable or possible means of reconciliation left , in mans judgement , unlesse the king yeeld to the extirpation of episcopacy . you should have added , unlesse he lay down his lands , royalties , and just prerogatives at his subjects feet : unlesse he abandon the wife of his bosome , and become a stranger to the children of his loins : unlesse he sacrifice his friends to the malice of his foes , and the ruine of whole families to their avarice : unlesse he cast off the service of god , that most excellent form of common prayer , and give up the houses and lands of god , and all that is accounted holy , to satiate their sacrilegious appetite . 7. but , in sober sadnesse , do you beleeve that the abrogation of episcopacy is that , they yawn at ? you are mistaken , good brother , the episcopall houses and lands , as also what ever belongs to deans and chapters , to archdeacons and prebendaries , are the things they hunger and thirst after ; they will wipe your mouthes of all such morsels : as their ordinances for the sale of such lands have fully manifested . 8. and wheras you seem to be much troubled for his majesty , lest i he should condescend renitente conscientia , against conscience , to gratifie you in this kind , and to bring sin upon himself . which you perceive , and in a manner confesse , he must do , if he do , as you would have him : for you say , it would be sinfull to himself . thus you endeavour to perswade our soveraign into sin , upon pretence to sin : how you can salve it , we shall see hereafter . in the mean space i must tell you , that you trouble your self for the king , blessed be god , without cause ; for we cannot perceive , that he is inclinable to gratifie you in this kinde . neither doth every reluctance of conscience make a grant sinfull ; but onely when my conscience checks me upon just grounds . it is not the renitence , or strugling , of conscience , but the pulling down of gods ordinance , episcopacy , that makes the sin ; though , i confesse , the sin is the greater , if it be done upon deliberation against conscience ; let the pretence be , what you please . if this indeed should prove to be the kings case , which god forbid , then must it necessarily follow , that k it would be sinfull to him ; and so he should forfeit inward to procure outward peace ; and be represented to times in the glasse of conscience , to adventure the heavenly , to retain an earthly crown . nothing more certain . wo then be to him , or them , who ever they be , that plot , how they may endanger the kings earthly crown , that so they may deprive him of his heavenly inheritance . he hath been tried as gold in the furnace ; he hath been enforced thorow fire and water ; but for all this , with gods blessing he shall arrive in the haven of happinesse . 9. but there is an l oath , that stands in the way , which was taken at the kings coronation . this hath been prest by some learned pens , with that probabilitie , that ( by your own confession ) may stumble a right intelligent reader . but you are none of that number , you stumble not , but smoothly passe over such rubs ; and though m they have not hitherto received any satisfactory answer , yet now we shall have it in print n . by your pains the obj●ctions shall be cleared , which while they stand unanswe●ed , cast an ill reflection upon the king , in condescending to abrogate episcopacy . i beseech you , do you dream ? who told you , that his majestie had condescended to this impious and antichristian demand ? no , no , blessed be god , he hath done christ , and his church , and himself that honour , in the refusall of this proposition , that his memory shall be glorious in our histories , and his name high in the book of life . but for certain , they will cast an ill , a foule , an infamous ref●●ction upon those , who ever they be , that shall presse him to this unchristian act . this you , and your masters of the assembly can never avert with all your dutch devices , and geneva fallacies . i say it now , it shall be explained hereafter . 10. but why am i so forward , when o the kings oath may be taken off two wayes ; either by clearing the unlawfulnesse of it ; or else by manifesting , that p though episcopacy be lawfull , yet notwithstanding that his oath , the king may consent to the abrogation of episcopacy . both these your wayes shall be severally taken into consideration ; and first for the unlawfulnesse thereof . chap. ii. whether the kings oath taken at his coronation , be an unlawfull oath . 1. you say , and say truly , that a the oath , which is vinculum iniquitatis , the bond of iniquitie , is void the first day . and your reason is firme ; for qui jurat in iniquu● , obligatur in contrarium , he that swears to do that , which is unjust , is bound to performe the contrary . your argument hitherto is good ; and upon these very grounds we will joyne issue . but how will you proove , that his majestie hath sworne to uphold that , which is unjust or impious ? this shall be done by manifesting that b the king hath sworne to maintaine that , which is contrary to christs institution . and what is that ? episcopacy , say you . your resolution is high and peremptory , as if you were settled upon infall blegrounds ; which upon just try all will dissolve into sand . and yet with you i readily acknowledge , that c if prelacie in the church be an usurpation contra●y to christs institution ; then to maintain it , is to sin , and all bonds to sin are frustrate . 2. i hope you use no tricks ; but fairely without any fallacie , according to the question proposed , by prelacie you mean episcopacy , properly and strictly so called . otherwise there are foure termes in your syllogisme . now if this proposition be firme , upon the same grounds it will follow , you cannot deny it , that if supremacie in the parliament be an usurpation contrary to christs institution ; then to maintain it , is to sin . but supremacie in the parliament is an usurpation contrary to christs institution ; ergo to maintaine it , is to sin . that supremacie in the parliament is contrary to christs institution , is evident by st. peter , who placeth supremacie in the king ; in these words , d submit your selves to every ordinance of man for the lords sake , whether it be unto the king as supreme , or unto governours , that are sent by him , by the king. and every rationall man cannot but discerne , that there can be but one , not two supremes , in the same kingdome , e as you would have it . but of this more fully in the last chapter . secondly , it followes , if ordination by presbyters be an usurpation contrary to christs institution , then to maintain it , is to sin . but o●dination by presbyters is an usurpation contrary to christs institution . to maintain it therefore is to sin . the minor with gods blessing , shall suddenly be made good against the presbyterian jus divinum . thirdly , if episcopacy in the church be no vsurpation , but christs institution , then to endeavour the extirpation thereof , is sin . but episcopacy in the church is no usurpation ; but christs institution . therefore to endeavour the extirpation thereof , is sin . 3. that f you , your assembly , and parliament , have made and taken an oath to extirpate episcopacy , is too notorious to be denyed . but if i shall prove , that episcopacy is not contrary to christs institution , then shall i cleare the kings oath from sin . secondly , if i shall demonstrate , that episcopacy is the institution of christ , then is your covenant g vinculum iniquitatis , the very bond iniquitie ; and you are bound in conscience publickly and penitently to retract it . that the same order cannot be christs institution , and contrary to christs institution , is so apparent a truth , that a meer idiot may discern it . but the order of bishops is christs institution : and yet ye have sworne to up with it root and branch . much like to those in the prophet , h let us destroy the tree , with the fruit thereof . and yet the root of episcopacy is our b. saviour ; who is called i the bishop of our soules ; from him it takes his rise ; from him it receives life , it springs up , and is watered with the dew of his heavenly blessing . 4. we know , that he , from whom a familie springs , is called the root of that familie . that * our saviour is the root of episcopacy , that from him it received being and life , is evident in the apostles strictly so called , who had their orders immediately from christ , as is evident s. mat : 10. s. luk : 9. s. i● : 20. 21. &c. to them he gave power to ordain apostles , in gratis accepistis , gratis date . s. mat. 10. 8. so s. k ambrose , so s. l jerome , so m gennadius patriarch of constantinople , with seventy and three bishops more in a full synod . our saviours words are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which the greekes understands thus , a gift ye have received , give ye this gift . this commission he renewed unto them after his resurrection , in these words , n as my father sent me , so send i you . so s. o hilarie , so p s. cyril , and other with them , upon the strength of this commission christs apostles ordeined some other to be apostles , conferring upon them the same honour and power which they themselves had received from christ . this is evident in s iames bishop of hierusalem , in epaphroditus , bishop of philippi , and in apollos bishop of corinth . these are called apostles in scripture ; s. iames , gal. 1. 19. epaphroditus , phil. 2. 25. apollos , 1 cor. 4. 9. and these are confessed to be apostoli ab ipsis , ap stolis ordinati , apostles o●dained by the apostles ; even by q s. jerome , r calvin , and your mighty champion ſ walo melsalinus . 5. apostles they were at that time called , but afterwards that title , upon just occasion was taken from them , and the name of b●shop was setled upon them , and their successors in office. so theodoret. t the same persons were sometimes called both presbiters and bishops , but those who are now named bishops , were then called apostles . but in processe of time the title of apostle was reserved to those , who were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 apostles properly and t●uly so called . and the name of bishop became appropriated to those , who were lately called apostles . hence is it , that timothy and titus are called bishops and apostles : bishops in the postscripts of those epistles , which were written to them by s. paul ; but apostles by k ignatius , l theodoret , and m many other . 6. bishops they were at that time called , when episcopacy was distinguished from the presbyteriall order ; but n apostles they were named , when a bishop and a presbyter were one and the same . these were o apost●es not onely by name , but in office and power ; and p governed churches and their presbyter-bishops by the same right , and with the same authority , that the cheife and prime apostles swaied them with . and as they governed , so they , and they onely ordained pres●yters . 7. from hence we argue thus . they , that have the same name and office with the true apostles , are of the same order with the true apostles . bu● bishop timothy , and bishop titus , and bishop epaphroditus have the same name and office with the true apostles . they are therefore of the same order with the true apostles . q the major is smectymnuus his proposition , and not to be doubted of . the minor , or second proposition shall be justified by salmasius ; who in severall passages acknowledgeth this name , and office , and power in epaphroditus bishop of philippi . take this for all ; r epaphroditus pau●o dicitur apostolus philippensium ; quia ad philippenses eum miser at ad ecclesiam eorum confirmandam , & constituendos in eâ presbyteros & episcopos ▪ that the name of apostle was usually given to timothy and titus , i have already manifested . that the apost●licall power was in each of them , is evident by those epistles , which s. paul wrote unto them : and more briefly in these words to titus ſ for this cause left i thee in creete , that thou shouldest set in order , o● redresse , what is wanting , or a misse , and ordain presbyters in every city as i have appointed thee . herein is both jurisdiction and ordination allowed him ; and the maine power of the apostolicall order consists in jurisdiction and ordination . herein the bishops , and onely bishops , succeed them . 8. since then the apostleship and episcopacy , are one & the same office , he that is the root and author of the one , is the root and author of the other . but christ is the root and author of the apostleship ; he is therefore the root and author of episcopacy . in covenanting then to take away episcopacy root and branch , you have done no lesse then covenanted to take away jesus christ , t who gave the ap●stles , and u ordeined them in the church . indeed ye have taken the ready way to root him out o● our hearts & soules . for ye have absolutely stripped the church of the three creeds , the ten commandments , and the lords prayer , with the epistles and gospels ; wherein was daily mention made of our b. god. and saviour , as also of his power , pleasure , and mercy . and what i pray you , is become of the lords supper , x which we are commanded to administer and receive , in remembrance of our b. saviour ? and y unlesse we eat his flesh , and drink his blood , in that holy sacrament , we have no life abiding in us . many parishes in this kingdom have been utterly deprived of this heavenly supper , even since their lawfull parsons or vicars have been imprisoned , or sequestred by your instigation . so farewell ro●t and branch , and fruit , as much as in you lieth . and now , i hope , the kings oath is cleerly discharged of sin ; and your covenant sufficiently proved to be the bond of iniquity . 9. but how comes it to passe , that if root and branch must up , yet by your ordinance some branches of that root may be preserved ? for it is resolved , that z ordination performed by a bishop , being a presbyter , j●yned with other presbyters , is for substance va●id , and not to be disclaimed●y any , that have received it . and most probable it is , that you are a branch , or sucker , of that root . for a presbyters so ordained , shall he admitted to a charge , without any new ordination . is not this a flat contradiction ? some branches lopped off , and some spared ; is this according to your solemne league and covenant ? indeed had they taken all branches away , which spring from that root , there had hardly been a man of any learning left . and is not that clerke , who hath been ordeined by a bishop , a wise man , to sware to root himselfe up , if not here , yet out of the land of the living . for he that is not a member of the church militant , can never be a saint in the church triumphant . chap. iii. whether prelacy in the church of england were an usurpation . 1. the question proposed is , of episcopacy ; the oath is for the maintenance of episcopacy ; and your endeavour is for the abrogation of episcopacy . according to your sense therefore by prelacy i understand episcopacy , which you have vowed and covenanted to extirpate . whether upon just grounds , or no , shall be now enquired . for the office is either good or bad , lawfull or unlawfull , necessary or indifferent . if in it self bad , and utterly unlawfull , god forbid , but we should joyne in the extirpation of it . if indifferent , it is in the breast of authority , to allow , or disallow it . but if simply lawfull , and good , and necessary , for the being and continuation of a church , then it is not in the just power of man to discard it , or cast it off . and yet you resolve , that b the kings oath to uphold episcopacy is sin . if sin , then it necessarily followes , that episcopacy in it self is naught , and utterly unlawfull . thus in the first place you condemne all the kings and queens of this kingdome , that have taken this oath . secondly , you condemne those many saints of god , that have discharged this office of episcopacy . thirdly , you condemne all those fathers , and councels , which justify a necessity of bishops . and last of all you condemn the whole church of christ , which from her infancie hath been governed by bishops . is not this to c blaspheme the footsteps of the lords anointed ? is not this to question the actions of those saints d to whom the faith was first delivered ? is not this to vilifie the spouse of christ , and christ himselfe ▪ who hath suffered the church to erre so foully from the beginning . 2. but how shall it be proved , that episcopacy is so bad , that it is a sin to defend it ? an universall proposition must have an universall proofe . exparticulari nonest syllogizari . a particular makes no proofe , but for that particular , whereof it treats . i● i manifest , that monarchy , or arist●cracy hath been a●used in such a state or nation , by such or such a prince , or peeres , do i therefore justifie , that it is a sin to defend moarchy , or aristocracy ; o● if i shall make it appeare , that some parliament men have abused that trust , which is committed to them , is therefore a parliament naught ? this follows not ; but hereby i manifest , that they who at that time sat at the helme in that place , did abuse that , which in it self is good . is the apostleship naught , because judas abused himself and that ? is episcopacy bad , because gregory vii ▪ of rome , george of cappadocia , or paulus samosatenus abused their place and function ? far be it from me to argue , or conclude in this manner . i have learned to distinguish between the office and the officer : the office may be simply good , and the officer extremely bad . this then is no argument against episcopacy , though perchance you may prove , that episcopacy hath been ill managed . 3. but view we your own words , which are the minor of your conditionall syllogisme ; which are these . e and truly as prelacy stood with us in england ingr●ssing all ruledome in the church into the hands of a few l. bishops , i think it may be cleered to be an usurpation . and truly i think not . so you and i are of two severall opinions . but truly your thinking shall be cleered ●y this one argument . f that power , that dispoiles any of christs officers , of any priviledge , or duty indulged or injoined them by the word of god , that power is an usurpation against the word . but this prelacy did , as it stood in england ergo , english prelacie was an usurpation against the word of god. 4. how properly you speake , and how strongly you argue , let the intelligent judge : that you , and others may be sensible of the strength of your argument , under favour of parliament , i shall invert it thus . that power that despoiles any of christs officers of any priviledge or duty indulged or injoined them by the word of god , that power is an usurpation against the word . but this the parliament doth , as it stands now in england ergo , the english parliament is an usurpation against the word of g●d . i hope you know your own argument ; though it alter a terme , it alters not the forme . g the major , you say , is cleer of it self , it needs no proofe , as you conceive . the difficultie is in the minor ; and that i make good thus , out of your own words . h presbyters are by christs warrant , in scripture indued with power to rule in their own congregations , as well as preach . but the parliament hath banished many hundreds of us from our own congregations , and barred us from preaching therein . ergo , the parliament hath despoiled many of christs officers of their priviledges and duties indulged , and injoyned them by the word of god. you cannot deny us to be christs officers , since we are presbyters . that we are presbyters , is acknowledged by your great masters ; i who grant all those to be presbyters , who have been ordained by a bishop j●yned with other presbyters . and so , i am sure , we are . 5. let a review be taken of the soliditie of your former argument ; and then we shall finde you offend in limine , in that major , which is so clear of it self . for do not you say thus ? that power , that despoils any of christs ●fficers of any priviledge , or duty indulged or injoyned them by the word of god , that power is an usurpation against the word . had you said , that power , that wrongfully , or causelesly despoils any of christs officers , &c. you had said something . you have not , it seems , learned to distinguish between justly and unjustly ; but we must . and yet k this proposition is clear of it self , if we take your word . but gods word and yours , are two . gods word saies , l non est potestas nisi à deo , there is no power but of god ; but you say , that there is a power , which is an usurpation against the word of god. but how can that be usurpata , which is data ; both usurped , and given ? that it is given by god , m our saviour testifies , s. joh. 19. 11. indeed this power may be abused ; and the abuse of this power is an usurpation . the office is from god , the abuse from our selves . but you cannot , or will not distinguish between the office and the abuse . if all ●ffi●es must be discarded , because the officers have done a misse , what office will remain in this kingdom ? i fear , not one . 6. we read , that n pas●ur the high priest set jeremie the prophet in the stocks for preaching the truth , o which the lord had commanded him to preach . and yet who dares say that the high priesthood in the old law was an usurpation ? we know , that p the office of a king is gods own ordinance ; and yet we dare not say , that the power of jehoi●kim king of juda was an usurpation against gods word , when q he slew vrijah the prophet . but we may safely and truly justifie , that he abused his power . and so did king zedekiah , when r he imprisoned jeremiah for prophesying , what the lord had injoyned him to denounce . both regall and priestly power are the gift of god ; they cannot therefore but be good . but the abuse of this power to other ends then god gave it , is the viciousnesse of man , and therefore bad . ſ solomon made just use of this power , when he despoiled abiathar the high priest not onely of his priviledges , but also of his office , and of all that belonged to his office . the reason is , because t abiathar for his treason deserved this and an heavier doom . and i presume , it was no usurpation in st. paul , when u he delivered hymeneus unto satan , that he might learn not to blaspheme : nor yet when he x anathematized and accursed those preachers , that taught otherwise , then they had received . if then our bishops have made use of this power in silencing or depriving hereticall , schismaticall , or seditious preachers , y they have done no more then they ought to do . this therefore is no usurpation , but a just use of that power , which with their orders was conferr'd upon them for this end and purpose . 7. i have done with your major ; now to your minor. z but this prelacy did ▪ as it stood in england . what did it ? why it a despoiled christs ●fficers ( the good presbyters that preached up the scottish discipline and doctrine ) of their priviledges indulged , and duty inj●yned them by the word of god. if they deserved this censure , it was no despoiling , but a just deprivation . if they deserved it not , let it be proved . i am sure , courts and committees have been long enough open , to receive large informations , and easie proofs against them . and i am as sure , that our saviour never indulged any such priviledge to his apostles , or any other of his ●fficers , as to vent heresie , schisme , or sedition . if any bish●p be faultie , i plead not for him . i justifie episcopacy , not the bishop . judas was bad , cut his episcopacy good ; judas offended , but not his office . judas was cut off , not his episcopacy ; b the office is continued , and a good man must be put into it . so st. peter . and c let another take his bishopprick . so the spirit of prophecie . prelacy therefore is not in fault ; but the prelate . and it is as false a speech to say ▪ prelacy despoils any , as to say , judicature wrongs any . since we know , that judicature is blamelesse , when the judge is criminous . and as improper a speech it is to say , that a man is despoiled of his duty : i may be forbidden my duty , but not spoiled of it : because i am bound to discharge it , though forbidden , if unlawfully forbidden . 8. but what are these priviledges , and duties , whereof they are said to be despoiled ? the particulars are these ; d power to rule , and to preach in their own congregations ; and this power they are indued with ●y christs warrant . power to rule , and by christs warrant , sound high , and raise attention . and this they have as well , as much , as power to preach ; if we may beleeve you . as if they had ruledome ( as you call it ) from christ himself . if this be doubted of , you give us scripture for it , and that in foure severall texts . the first is this , e if any cannot rule his own house , how shall he take care for the church ? here is care to be taken for the church , but no rule given to a presbyter in the church , unlesse you allow him as much power to rule in his parish , as he hath in his own house . to which assertion no man , i conceive , will subscribe . it is required indeed , f if any lay-man desire to be a presbyter-bishop , that before he be ordained , he be known to be such a one , g that could rule his own house well . but what is this to prove , that by christs warrant in scripture a presbyter is indued with power to rule in his eongregation ? alas , h this government , as your learned brethren confesse , is but domesticall in private families ; not ecclesiasticall in the publick congregation . in like manner i deacons must be such , as rule their houses and children well . and yet ye allow them no ruledome in the church , but set lay-ruling elders to over-top them . no warrant here for this presbyteriall ruling power ; what may come hereafter , shall be examined . 9. the next proof is from the same epistle ; the words are these ; k i charge thee before god , and the lord jesus christ , and the elect angels , that thov observe these things without preferring one before another , and do nothing partially . this is something , were it to the purpose . here is a large authoritie given to timothy in this chapter ; and a charge in this verse , that he be carefull to discharge his office with integritie . but what is this to the point in question ? alas , you are clean mistaken in your mark . it rests upon you to prove , that this power in scripture is given to a presbyter-bishop ; whereas it is here given to an apostle-bishop ; who is clean of another , an higher order . if i should justifie , that a sergeant at law hath power to hear and determine suits in westminster-hall , because the justices of the kings bench , and common ple●● have such a commission , you would think , i were beside the cushion ; and so are you . 10. in the third place , you produce a text of the same apostle to the hebrews ; where-in he commands his brethren , to l obey those , that have the over-sight of them , and to submit themselves un●o them . no question , but they ought to do so . but who are these praepositi , these rulers , here mentioned ? are they presbyters onely ? presbyters are not mentioned here ; and it is impossible to prove , that presbyters onely are intended here ; unlesse they be the onely church-governors . it is rather to be beleeved , that all church-governors , or else the chief governors , were here intended . that he speaks of presbyters , i deny not ; but that he speaks of presbyters onely , i utterly deny . when you can prove , that onely presbyters m watch for the souls of the people , and that they onely must give an account for those souls , then shall i readily acknowledge , that the apostle speaks only of presbyters in this place . 11. if the kings majestie should command his souldiers to obey their commanders , could any man imagine , that he spake of the lieutenants and captains onely ? no wise man can have this imagination : but this must reach , to majors , and collonels , and all other in authority . thus , when the lord commands his people , to obey those governors , that watch for their souls , he means not onely deacons and presbyters , but bishops also . for as in an army there are captains over souldiers , and commanders over captains ; so in the church , which is n aci●s ordinata , a well-ordered army , there are o praepositi populo ▪ & praepositi presbyteris , spirituall governors of the people , and some set over both people and presb●ters . such were the apost●●s in scripture , and such their p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , their copartners in labour , and successors in office ; whom we now call bishops . such were timothy and titus , q who had not onely the power of ordination , but of jurisdiction also : that is , they had authoritie , not onely to set in order , what was amisse in the church , and r to reform the laitie ; but to 1. convent , 2. silence , and 3. excommunicate the clergie , even deacons and presbyters , if they deserved it . 12. for convention , in the first place observe , that ſ s. paul acknowledgeth in bishop timothy power to receive an accusation against a presbyter , or elder ; and upon proofe to rebuke him . which could not be done without conventing him . 2ly . that the power to silence preaching presbyters was in bishop timothy , these words manifest , t thou maiest command some that they teach no other doctrine . and as for bishop titus u 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it be hoves him to stop the mouths of the disobedient and deceitfull , as also to x stay foolish questions and contentions . and if this will not serve , then must they proceed to higher censures even to excommunication . for doth not s. paul command timothy , to y withdraw himself from those , that teach unwholsome doctrine ? and what this means let beza speake ; z gravissime damnatos extra ecclesiam ejicit , he casts for●h these as condemned men out of the church . for as s. cyprian speaks , a they that are not in communion with the bishop , are out of the church . timothy then being bishop of that church , and withdrawing his communion from them , they were no longer members of the church . this power , we see , was in the apostle bishops ; but no man can shew that ever it was in the presbyter bishops , par enim in parem non habet potestatem ; it is a sure rule , that no man hath power over his equall , while his equall . 13. the last place is reserved for the first in scripture , which you have kept for your reserve to help at a dead lift ; and this it is . b we beseech you , brethren , that ye know them , which labour among you , and are over you in the lord , and admonish you : a great friend of the presbytery tels us that c this is the same with that , which the apostle speaks in another epistle that those presbyters are worthy of double honour , who labour in the word and doctrine . so then , in his judgement , this rule , you so much boast of is , but your labouring in the word and doctrine . and surely he hath two able men , that back him very well , viz. the●d●ret and ca●vin . theodoret tels us , that when s. pau saith , qu●praesunt , th●se th●t are over you in the lord , it is all one ▪ as if he ha● said , they that ●ff●● up prayers and supplica●ions for y●u . and ca●vin thu● , e qu docendo rite & fideliter gu●ernant , who by teaching orderly and faithfully govern the people . and el●ewhere f he expounds this kind of g●verning by boris & salutaribus consiliis popu●o praeire , by guiding the pe●ple with good and wholesome counsell . the preifis rule then consists in 1 prayer for gods people , in 2 admonishing , 3 inst●ucting , and 4 advising them ; as also in 5 conveying to them those heavenly blessings by the sacraments ; which in an ordinary way they could not otherwi●e obtain . this is all the rule , that i can find belonging to presbyters . and this was ever allowed you in your own congregations , while ye behaved your selves as the ministers , of christ in all meeknesse and sobriety , dividing the word of god aright ; and while ye kept within the ru●e of faith . 14. thus your ruledome ( my fellow presbyters ) is come to no great matter by these texts . shew me one place of scripture , that allowes presbyters to excommunicate , or absolve , of their own authority ; and i shall be of your mind , and justifie , that ye have susteined much wrong ; if ye have been suspended from officiating , or silenced , ye may thank your unbridled tongues , which have been so lavish in venting unsound and seditious doctrine . the bishop in these cases hath but discharged that dutie , which is required of him by gods word . 1 ▪ tim. 6. 3. 5. 2. tim. 3. 5. tit. 1. 11. tit. 3. 9. and it is no more , then the presbytery chalengeth to it selfe in those places , where it hath gained autho●i●y . 15. g that ye were excluded from all society in rule ▪ is that , which troubles you . society pretends equ●litie , and rule is that which ye affect . so ye may be made bishops , or b●shops fellowes , equall with them in rule and authority , all sh●ll be well , but till then we must expect no p●ace , if ye can hinder it . h●d your leading church-men be●n made bish●ps or deanes , the k●ngs oath had been most just , and unalterable ; yea unquestion●ble . some mens mouths have been stopt so heretof●re ; the more the pitie : and ye have gaped after such morsels . what the benefit hath been , is sufficiently discerned , and ambitious male-contents shall no more , i hope , be tempted in this manner to continue among us , when they are neither with us , nor of us . but , i pray you , what society in rule , can you chalenge with the bishops , when by scripture ye are made subject to them ? we know your pride ; ye would faine be hail-fellows with your governours both ecclesiasticall and civill . faine would ye have the raines in your own hands , with phaeton , though it were with the same issue . but how shall they learn to govern , that know not how to obey ? all baristers are not qualified to be judges . 16. but there is another thing , which troubles you marvelously , that you deem to be h much more prejudiciall to the dignity and liberty of the ministery ; namely to be subjected to a lay chancelour . and yet how many lay chancelours have you subjected us to ? i to the whole parliament ; that 's plaine ; and yet not so much as one presbyter among them : and to every committee-man both in citie and countrie , whose busie apparators are all persons disaffected to the doctrine and discipline of the church of england . and all this is for the dignity and liberty of the ministery , according to your new magna charta . thus much to manifest , that ye are deeply plunged in those crimes , which you boldly charge upon others . but this is no new , no strange thing . for this hath been generally observed ; when your great masters blemish our most gracious soveraigne with any foule or illegall surmise , they usually act it themselves . dominisimiles , such masters , and such chaplaines . k par autem erat , ut vel quod accusant , non facerent , vel quod facerent , non accusarent . but it were meet , that either they should not do , what they blame ; or not blame , what they do . 17. and now , i beseech you which is most prejudicall , to be subject to one lay chancelour in a diocese , or to those great lay courts of lords and commons and others at westminster ? to so many lay committees in the city ; to so many in every countie ? without whom ye are not able to subsist , nor to abide in your congregations , if these men take but the least offence against you . and how can the gentrie and comminaltie of this kingdome take it well , that you complain so much of one lay chancelour in a diocese , and yet enthrall them to so many lay elders , parochiall , classicall , provinciall , and nationall . say not , that there be preaching elders joyned with them , least it be returned upon you , that the lay chancelour is but the bishops officer in such cases of judicature , as belong to his profession ; and to the bishop he is accountable . but you can endure no loy judges over you , on any hand . and whereas l you charge the lay chancelorship with usu●pation contrary to gods direction , i am certain , ye have made use of it against gods direction . for how many of you have been instituted into benefices by lay chancelours ? qu● jure , comes not now to be scanned . thus ye can abuse them , and yet use them . but i shall turn you over to the doct●rs of the commons ; them it concerns , they are well able to argue the case with you , and to wash off these aspersions . 18. your first argument is , i hope , sufficiently confuted in the eye of indifferent and judicious men . i shall not therefore any longer insist upon it , but observe , at how low a rate you value authority . nor bishop , nor king , nor your idolized parliament shall be a power , but an usurpation against god and his word , if they deny you any priviledge indulged , or debarre you any dutie , which ye suppose to be injoyned you by the word . if they sequester you from the pulpit , or from ruling in your congregations , farewell my great lords and masters at westminster . and when they have sold the bishops and chapters lands , they shall no longer be a parliament , but an vsurpation ; because they have m despoiled you of those lands , which ye lay claim to , and which they ought to have disposed of , to supply you and your predicant brethren with such maintenance , as your selves hold sufficient . chap. iv. whether the king may consent to the abrogation of epi●copacy , if so that calling be la●full . 1. saving your argument , in the first place this is certain , ●f episcopacy be lawfull , then the kings oath at coronation was not as you would have it vinculum iniquitatis , a bond of iniquitie . and hereupon it follows , quod non obligatur in contrarium , that he is not bound to break this oath . take this by the way . you must then seek some other way , to cleere it to us , that it is lawfull for his majestie to wave this oath . but your own conscience seemes to check you for your former resolution ; you therefore confesse , that n this way of invalidating the kings is most satisfactory but to some . 2. surely if to some it be satisfactory , those some are such , that are either very weak , or wilfully blinded with avarice ; o whose gaine is godlinesse . but the end will prove , th●t p godlinesse is pr●fitable to all things . q that is ( as the geneva note hath it ) he that hath faith and a good conscience , is promised to have all things necess●ry for this life , and to injoy life everlasting . this would be seriously layed to heart . 3. but though your former argument seem satisfactory to some r yet to some it will not hold ; namely to those that are not c●nvinced of the unlawfulnesse of episcopacy . what ? so satisfactory and yet not hold ? alas , alas , what creatures have you to deale with ? pitie it is , that you have to deale with learned and rationall men , and not with ignoramus and his dull man. what shall now become of your case of conscience ? why ? z it will cast the resolution of this doubt upon another question . from one question to an other . and what 's that ? the lawfulnesse of episcopacy . this is a large field , that you are not acquainted with . and yet to satisfie the conscience of your reader , you have already concluded , that a episc●pacy is an usurpation against the word of g●d ; and therefore sinfull and unlawfull . how ? conclude first , that episcopacy is unlawfull , and then b grant it to be lawfull . but this is granted onely for argument sake . that is , because your argument is so loose , that it proves just nothing again●● episcopacy . for a firme demonstration admits of no contradiction , it leaves no doubt behind . 4. well , be it lawfull , c yet not withstanding that his o●th , th● king without impea●hment may in this circumstance consent to the ab●●g●tion of episcopacy . what mean you by circumstance ? is the kings o●●h , or episcopacy , or the abr●ga●i●n of episcopacy but a circumstance ? a circumstance is that , which is not substantiall , or essentiall to the point in question ; but comes in upon the by ; at most , for illustration . the question is , d whether the king , notwithstanding his oath , may consent with a safe conscience , to the abrogation of episcopacy ? all these then i take to be essentiall to the question ; unlesse a safe conscience be with you and with your brethren but a circumstance . and yet it is such an ingredient , that a man may neither swear , nor consent to , nor act , but what he may undertake with a safe conscience . e for if our heart ( if our conscience ) condemn us , god is greater then our heart , and knoweth all things ; his majesty , i make no question , hath sadly thought on this . 5. that he may abrogate that which is lawfull , you say , and we deny not , since god hath given kings a power nt onely over things indifferent , but even in such things , as are lawfull , and honest , and in their kind necessary for the preservation of a common-wealth . this is evident in jonadab the sonne of rechab , f who commanded his posterity , that they should neither drink wine , nor build house , nor sow seed , nor plant vineyard , nor have any . and yet as lawfull , and necessary , as these things were , g they obeyed their fathers voice . h god approves of their obedience , and crowns it with a blessing . and what a father is in his own familie , that is a king , at least , within his own dominions . 6. but here the case is different , for the question is concerning christs own ordinance and institution ; which the king hath sworne to maintaine . this then being lawfull , and legally sworne , the oath may not in any wise be dispenced with . nay , if we say , that the king , or any authoritie upon earth , may alter , or abolish any one ordinance of our saviour , we contradict our selves , and complie with the papists . what reason bring we against the halfe communion , but christs own institution , who commanded it to be deliver'd and received in both kinds . and i calvin deservedly reproves bishop cardiner for attributing this power to a king : now if episcopacy be our saviours institution , then may no humane power root it up ; least they that do it , be rooted out of the land of the living . but that this very order , which we now call episcopacy , is christs own institution , is already proved cap. 2. 6. 7 8. 7. besides , if this be the onely order , to which christ hath given power to ordaine presbyters and deacons , who shall confer these orders , when bishops are taken away , and utterly extinguished ? say not , that in case of necessity presbyters may ordaine , when you maliciously make the necessity . god provides for such necessities , as are inforced upon us , or happen casually and inevitably ; not for those , whereinto we wittingly and wilfully plunge our selves ; delve up the root , & god will hardly work a miracle to provide sap for the branches , or body of the tree . k sine nostro officio est plebi certa pernicies . it is s. austins . without our , without the episcopall office there is certaine ruine to the people . s. austine was a bishop , when he resolved thus , and wrote it to a bishop . l that i may speake plainly ; god and the times require it : no bishop , no preist ; no preist , no lords supper ; no lords supper , no salvation , according to the ordinary way prescribed by our blessed saviour . 8. this shall be made good , first according to your protestation ; secondly , according to your solemn league and covenant . in your m protestation , ye have vowed in the presence of almighty god , to maintain and defend the true reformed protestant religion expressed in the doctrine of the church of england . this doctrine is punctually and carefully delivered in the 39 articles . according to which articles i proceed thus . the ordinary way to heaven is by the word and sacraments . no man may preach , or administer the sacraments , but he that is lawfully called and sent . none are lawfully called and sent , but they onely , who are called and sent by those , that have authority . but bishops , and onely bishops have authority to send in this kind . and therefore no bishop , no ordinary way to heaven . 9 the first proposition is not doubted of by protestant or papist ; it is therefore taken for granted . the second proposition is in terminis let down art : 23. it is not lawfull for any man to take upon him the office of publicke preaching or ministring the sacraments in the congregation , before he be lawfully called and sent , to execute the same . the third is likewise expressed in the same article . those we ought to judge lawfully called and sent , which be chosen and called to this work by men , who have publick , authority given unto them in the congregation to call and send ministers into the lords vineyard . and who are these men , that have this authority ? bishops , onely bishops ; so the 36 article . the book of consecration of arch-bishops and bishops , and ordering of preists and deacons , doth containe all things necessary to such consecration and ordering and whosoever are consecrated or ordered according to the rites of that book , ●●e decreed to be rightly , orderly , and lawfully consecrated and ordered . but therein the bishop onely hath authority to ordain . and in the preface to the book of ordination it is resolved that i is requisite that no man shall execute any of these orders , except he be called , tried , examined and admitted , according to the forme following in that book . 10. thus we cannot but see , that according to the expresse doctrine of this church of england without a bishop no sacraments , and consequently no salvation . for though god can save without meanes , yet he hath tied us to the meanes ; and the meanes must be used , if we desire to be saved n this book was composed and set forth in the time of k edward the sixt , by those holy men , who afterwards were blessed martyrs , and at the same time confirmed by full consent and authority of parliament . o after this in the time of queen elizabeth it was again confirmed , and alwaies ratified with the 39 articles ; and p the clergie injoyned to subscribe to this booke , in and with those articles , that so they might be known to be in communion with the church of england . thus far with the protestation . chap. v. whether ye have not bornd your selves by your solemne league and covenant , to maintain episcopacy . 1. now i descend to your solemne league and covenant , wherein ye have publickly vowed to endeavour the reformation of religion according to the word of god , and the example of the best reformed churches . i shall therefore prove first by the word of god , and secondly by the best reformed churches , that ye have solemnly bound your selves to maintain episcopacy , if so ye are resolved to keep this branch of your covenant . 2. first , we know , that q there is no other name under heaven , whereby we may be saved , but onely the name of our lord jesus christ . secondly , we are agreed , that r faith comes by hearing , and hearing by the word of god. thirdly , our saviour saith flatly , ſ except ye eat the flesh of the son of man ; and drink his blood , ye have no life in you . we cannot therefore but acknowledge , that without the word and sacraments , there 's no salvation . since then all those , that are in orders , exercise t the ministration of the word and sacraments , not in their own name , but in christs , and do minister by his commission and authority ; we are therefore to enquire , who have this commission given them in and by the word of christ . for s. paul wonders , u how any man can preach , in publick , except he be sent . the commission for preaching was immediately given by our b. saviour , both to the twelve apostles , and to the seventy disciples . to the twelve , st. luk 9. 2. st. matth. 28. 19. to the seventy , st. luk. 10. 9. 16. the commission to consecrate and administer the lords supper , is given to the twelve apostles , st. luk. 22. 19. 1 cor. 11. 24. x st. paul , and y st. matthias also were immediately admitted to the apostleship by christ himself . these , and onely these , who are here mention'd , were immediately ordained by our b. saviour . 3. but our saviour having commanded and provided , that z all nations should be taught , and baptized ; and having a instituted , and in his holy gospel commanded us to continue a perpetuall memory of his precious death , untill his coming again ; that this might be done , he gave his apostles this large commission , b as my father hath sent me , even so send i you . and how was that ? even to preach , to baptize , to consecrate , and administer the lords supper ; to binde sinners , and loose the penitent ; and to ordain other apostles and presbyters , which might continue these blessings to his people in all ages . as also else-where in c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a gift ye have received , give this gift . the greeks take not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 adverbially , but substantively : and i beleeve , in the east they understand their own , the greek tongue better , then we do in the west . and as they were commanded , they did . d s. paul and s. barnabas were apostles ; and them we find ordaining presbyters in every church , where they come . act. 14. 23. e s. paul himself ordains timothy to be the apostle , or bishop of ephesus . he gives the power of ordination to titus . tit. 1. 5. and acknowledgeth it to be in timothy . 1 tim. 5. 22. these were the apostles , or bishops properly so called , of their severall churches . these had the power of ordination , but not the seventy , not those of the inferior order , not meer presbyters . 4. besides , doth not st. paul justifie , that f none may preach , except they be sent ? talk not of an inward calling , or extraordinary sending . neither of these will serve the turn , without the outward , without the ordinary ordination . st. pauls words are full to this purpose . g no man taketh this honour [ of priesthood ] to himself , but he that is called of god , as aaron was . the extraordinary calling , which some pretend to , is abolished , in that , no man takes this honour to himself . how then must he attain the priesthood ? the apostle tels you , he must be called of god , as aaron was . and how was that ? non immediatè a deo , sed mediante hominis ministerio ; he was not called or ordained immediately by god , but by the interceding ministery of man. the apostle therefore doth not say , he , that is called of god , as moses was ; but , he , that is called of god , as aaron was . but we know , that though h moses were immediately ordained by god , yet i aaron was not , he was ordained by moses . and yet both k moses and aaron are among his priests ; for moses discharged the priests office , before aaron was ordained . exod. 24. 4. &c. exod. 29. 12. 18. 25. 36. &c. exod. 30. 29. 30. 5. i have done with your first way , having , according to your covenant , proved by scripture , that none may confer orders in the church of christ , but onely apostles , or bishops , as we take them in a strict and ecclesiasticall sense : that is , onely such , as are of the same order with the apostles , and may fitly be called apostle-bishops . 6. we are now cast upon the example of the best reformed churches , which may raise some dust . for when we descend to comparisons , we cannot but displease those , who are left out of the superlative . yet this i dare say , that those churches are best reformed , which come neerest to the primitive church in doctrine and government . for to reform is not to innovate , but in primaevam & veram formam reducere , to settle it in the ancient and true state . for l thus saith the lord ; stand in the wayes , and behold , and ask for the old way , which is the good way , and walk therein , and ye shall find rest for your souls . this rule therefore is given by zanchius , m exempla veteris ecclesiae nobis debent esse instar praecepti ; and your learned ministers of london second him , assuring us , that n the examples of the ancient church bind us as firmly , as any precept . and reason good , since o the custome of the ancient church is optima legis interpres , the best interpreter of the law of christ . the ancient church then ought to be a pattern to all reformers . 7. well , what kinde of government was there in the primitive church ? peter moulin testifies , that p either in the apostles times , or suddenly after , bishops had praeheminence over presbyters , in the severall cities , wherein they were setled . this government is very ancient ; and in the church of christ every thing the more ancient it is , the truer and better it is . zanchius justifies it . q in ecclesia dei , quo quid antiquius , eo etiam est verius , ideoque & melius . and lest i may seem to wrest that famous learned mans words to another sense , then he intended them , i shall give you his resolution at large concerning this point in question , whether bishops , or no bishops : and this it is . r hoc unum addo , me coram deo in mea conscientia , non alio habere loco quàm schismaticorum , illos omnes , qui in parte reformationis ecclesiarum ponunt nullos habere episcopos , qui authoritatis gradu supra veros compresbyteros emineant , ubi liquido , possint haberi . praeterea cum d. calvino , nullo non anathemate dignos censeo , quotquot illi hierarchiae , quae se domino jesu christo snbmittit , subjici nolunt . these are his words in latine ; and to your comfort you shall have them in english : like them as you please . this one thing i adde ( saith learned zanchius ) that in my conscience before god , i esteeme all those no better then schismaticks , who make it a part of reformation to have no bishops in the church ( where they may readily be had ) which maybe above their true fellow-presbyters in degree of authoritie . yea , with mr. calvin , i hold them worthy of the most grievous curse , who will not submit to that sacred prelacy , which is subject to christ . he was far from a rooter . 8. neither is zanchius alone , he hath that moderate and judicious melancthon to second him ; who is so right and home for episcopacy , that he comes with his ſ ego reddo , i , for my part , restore the whole jurisdiction and dignitie to bishops . and t he wisheth with all , that he and the rest of his friends might redeem peace , though it were upon harder terms . yea , he affirms , that u he sees not , quo ore , with what face they can take from bishops their ecclesiasticall government . and then he adds : x that i may speak my mind vtinam , utinam possem , non quidem dominationem confirmare , sed administrationem episcoporum restituere : i would to god , i would to god , it were in my power , not to confirm the dominion , but to restore the administration of bishops . for i see , i see ( saith he ) what a ●inde of church we are like to have , when the ecclesiasticall policie shall be dissolved . video postea multo intolerabiliorem futuram tyrannidem , quam antea unquam fuit i see , we are hereafter like to have a far more intolerable tyranny , then ever we have known heretofore note that ; and consider , whether experience hath not made us sensible , that his words were but a prophecie of these times . and after this he expostulates the same businesse with camerarius , and questions , y quo jure , by what law it might be free for them , to subvert the ecclesiasticall policie ; if so the bishops would yeeld unto them , what is meet ? the question being thus proposed , his resolution follows ; z et ut liceat , certè non expedit ; but suppose it lawfull yet is it not expedient . luther himself was ever of this opinion ; whom some , i perceive , love meerly for this ; because by his means they had shaked off their bishops , and thereby gained libertatem minimè utilem ad posteritatem , such a litertie , as will be little for the good of posteritie . this he spake , and we feel . a for what kinde of state shall the church be in , in after ages , if all ancient customes and manners be utterly abolished , and no certain governors established ? god knows , and we imagine . 9. hitherto you have seen , how zanchius for himselfe and calvin ; and melanthon with luther , did endeavour , even in the shell , to crush that new model , b which ye boast to be of divine right , and yet confesse , that c it is not much above fourscore yeers standing ; and that but d in some churches . for , the truth is , ye can give us no president for the presbyteriall government in any one orthodoxe church , for 1500 yeers after our saviours ascension . all this while the wisedom of god , it seemes was breeding this truth , and stayed for you , and such as you are , to be her midwives . her pangs were long and doubtful , but now juno lucina hath done her part , and the strip●ing reckons fourescore yeers , and that but in cantons , in some odde corners of the world . truth it is , he was creeping in here about seventy yeers since ; but banished he was as dangerous to the crowne . but now he is returned in a fresh suite , and hath got the hand both of king and bishops ; yea he hath put the peeres shroadly to it ; even those , that complyed with him . 10. it may be , for all this , you will replie , that these are but the opinions of a few particular men . what say you to that memorable convention at auspurg , where met all , or most of the learned , that endeavoured the reformation ? these were , at least , the whole reformation representative ; and melancton gives them that very title in his apologie . wherein he tels us , that e all the reformation did often professe in their meetings at auspurg , that they desired exceedingly , to f preserve that ecclesiasticall policie , which was settled by the cannons of the church : as also to continue those very degrees in the church , which were agreed upon by humane authority . these pious men desired not the subversion , but the reformation both of church and church-men . yea , g by protestation they cleer themselves to all porsterity , that it was neither their intent , nor fault , to overthow the order , or authority of bishops . melancthon therefore , in behalf of all his brethren , acknowledgeth , that h bishops have both potestatem ordinis , & potestatem jurisdictionis , power of order , and power of juridiction . and i beleeve , that these men had seriously considred of their protestation . 11. but what is this , that he calls power of order ? surely a power to do that , which presbyters could not do ; that is , a power at least , to ordain ministers . for i herein by calvins confession , was the difference between a presbyter and a bishop properly so called , in the opinion of the ancients , that a bishop hath power to ordain , but not a presbyter . indeed the resolution of the ancient church is this , k presbyterorum ordo non est potens generare patres ; the whole order of presbyters is not able to beget fathers , that is , presbyters for the church ; but bishops are able : the order therefore of bishops and presbyters is not one and the same . hence it follows , that there is a necessity of continuing bishops in the church , if so we desire presbyters ; since without a bishop no presbyter ; and without a presbyter ( at least ) no lords supper . 12 besides , your grand champion walo messalinus acknowledgeth , that l from the time that those orders and degrees were distinguished , and that a bishop became greater then a presbyter , ordination could not be common to them both . but those orders and degrees were from the beginning distinguished by our saviour , though not by these specificall titles observe , i beseech you . in the first place m he names the twelve , those of the higher order , apostles ; and after this , those of the lower order , the seventy , are called diciples , as i conceive , 3. luk : 10. 22. or else in the four evangelists they are distinguished from his other diciples by number onely , and not by title . in the other writings of the new testament they are distinguished into apostles and presbyteres , or bishops . n the apostles are of two sorts ; either such as were immediately ordained by christ , or such as were ordained by those apostles . the former are called the apostles of christ ; or o the holy apostles ; and sometimes p the chief apostles . the other are styled q apostoli vestri , and r apostoli ecclesiarum , your apostles , and the apostles of the churches ; because they had set cities , and a certaine people committed to their charge . the twelve were ordained by our saviour , while in the flesh he was conversant here on earth . but s. matthias , and s. paul , after his ascension were ſ called to be apostles by jesus christ and god the father . these did ordain , but not the seventy , not presbyters , or such as in scripture text are called bishops . s. paul and s. barnahas were apostles ; those we finde ordaining presbyters , act : 14. 23. and s. paul professeth , that he ordained timothy , 2 tim. 1. 6. 13. let us now descend to those apostles , who were ordained by christs apostles . such were s. iames , appollos , epaphroditus , timothy , and titus . none of these were immediately ordained by christ ; and yet they are called apostles . the three former plainly in scripture , as is heretofore evidenced ; t the latter by your good friend salmasius . that timothy & titus did ordain , is too plain to be denyed ; and u for epaphroditus we have an acknowledgement likewise from salmasius . 14. these offices were necessarily to be continued in the church ; for x christ gave them for the gathering together of the saints , for the work of the ministery , and for the edifying of the body of christ y till we all grow up unto a perfect man : which is now but in fieri , in polishing , not perfected , neither will it be , till the second comming of our lord and saviour jesus christ . for z the church is the body of christ , which will have her imperfections and blemishes , till she be made fully compleat in the kingdom of glory . our saviour therefore saith , a behold i am with you alwaies , even unto the end of the world : which could not be spoken of their persons , but of their office , b as is confessed by the london ministers : since their persons were shortly to leave this world ; but their office is to continue , till heaven and earth passe away . when therefore c s. paul had lively described the true government of the church , and instructed timothy the bishop of ephesus d how he ought to behave himself in the church , he charged him in the sight of god , and before jesus christ , that he keep these commands without spot , and unrebukeable , untill the appearing of our lord jesus christ . but this he could not do in his own person , which was shortly to depart ; calvin therefore readily acknowledgeth , that f these things were written not so much for timothy s as for other mens directions , that were to come after him ; since g herein ( as beza observes ) many particulars belong to the daily office of a pastor . these things then must be daily and duely done , as occasion requires : but diverse of these ought , and might be done by timothy onely , and by such as were of his ranke ; but by no other ; needs therefore must this order be continued for the edifying and perfecting of the body of christ . this office then being quotid●a●um munus an office of daily use , must of necessitie be continued in the church . 15. but what office was this , that timothy and titus did beare in the church ? let salmasius speake . h they at that time were mamed apostles , & revera erant episcopi jvre eodem et ordine , quo hodie habentur , qui ecclesiam regunt , & presbyteris praesunt , and indeed were bishops in the same right , and of the same order , whereof at this day those are accounted , who govern the church , and rule presbyters . but this very office was none of those , which were extraordinary , and to continue for a season onely , no , no , in beza's judgement it is quotidianum munus , an office of daily use ; of necessity therefore it must be perpetull in the church . and yet the duties of that office were such , i quibus sustinendis non alius quilibet ( e vulgo pastorum ) par fuisset , as none of the vulgar pastors , no ordinary presbyters , were meet to undertake . and what are these ? k even to redresse , what is amisse , and to ordain presbyters . these are matters of moment , and require more then ordinary discretion . l for this cause s. paul left titus at creete ; and for this very end m he sent epaphroditus to philippi , though at that time there were in that citie many bishops . phil. 1. 1. if then there needed no ordination , but every man without orders might have discharged presbyteriall duties ; or if the presbyter-bishops of that citie might have set that church in order , and therein ordaine presbyters , why did s. paul send epaphroditus to philippi , to do those things , which might either have been left undone , or at least have been done as well without him . surely s. paul imposeth not needlesse businesses upon any . 16. bishops there were ( you will say ) before in that church ; if then it belong to the episcopall order to ordain , and reforme in the church , what is amisse , why was epaphroditus sent thither ? take notice ( i beseech you ) that those bishops were but presbyters , or presbyter . bishops ; n which order never had the power either of ordination or jurisdiction . s. paul therefore sends unto them , epaphroditus an apostle-bishop , who could performe both . this you see acknowledged by your most able and subtill advocate . 17. well , let it be , what it will , lawfull or unlawfull , t is all one , in this exigent or distresse that his majestie is put to , o notwithstanding that his oath the king ( say you ) without impeachment , may in this circumstance , consent to the abrogation of episcopacy . his majesties oath now falls in question ; and i shall be willing fairely and calmely to consider , wherein , and how far forth a christian king is bound to keepe , or breake his oath . chap. vi. whether the king , without impeachment to his oath at coronation , may consent to the abrogation of episcopacy . 1. this question hath two branches . the first , whether a christian king be bound to keep his oath . the second , whether he may notwithstanding his oath , consent to the abrogation of episcopacy . his majesties coronation deserves also to be looked upon ; since an oath deliberately and solemnly taken , deserves the more seriously to be thought on ; and will draw from god the heavier doome , if despised , or slighted . 2. by your own confession it is evident , that p an oath against christs institution is vin●u um iniquitatis , an impious oath , and ought not to be observed ; but to be cut off with shame and sorrow ; since q all bonds to sin is frustrate confesse we must , that an oath against god revealed will or honour , is a bond to sin ; and therefore no sooner made then void , and to be abhorred such is your covenant against episcopacy . and had the king either through misunderstanding , ill advice or fear taken that irreligious covenant , he had been obliged , by your confession , to have made it frustrate ; since it is a bond to sin , because it is against christs word and instituition , as is manifested c. 2. & 4. 3. but r an oath taken in truth , and righteousnesse , and judgement , because it is of such things , as may justly and lawfully be performed , yea because god approves & ratifies this oath , is vinculum aequitatis & necessitatis , such a bond as equity and conscience bind us necessarily to performe , to the utmost of our power . but such is his majesties oath at coronation concerning the church , the spouse of christ . 4. no unrighteousnesse can ye shew in it , the lawfulnesse of episcopacy , as also their just right to govern presbyters , is sufficiently justified c. 4. no untruth ; for our soveraigne hath sworn to maintaine an ordinance of truth , of christ himself . and sub paenâ judicij , upon paine of judgment he is bound to make good this his oath , so justly taken , least he fall into the hands of god , and so into eternall judgement . ſ for justice requires , that every man , much more a christian , and a king , keep his oath made upon such grounds , t though it be with hazard both of crown , and life , and all that may be indangered upon earth . 5. consider , i beseech you , how u in an oath we call god to record ; and we make him not onely our witnesse , but our suretie , that we will , with his blessing , performe , what we have vowed , or sworne in his name . and not onely so , but we call upon him to be our judge , and the revenger of our perfidiousnesse , if so we wittingly depart from this oath . with what face then can we fall back , and wilfully incurre perjury ? is not this as philo judaeus hath it , to x make god a shelter for our wickednesse , and to cast our sin upon him ? that so to the infamie of christian religion , we may ●oder up a faire repute before men . is not this to cast aside not onely a fore-head , but all conscience , and the fear of god ? oh , ( saith s. austin ) y what blindnesse can equall this , to hunt after a little vaine glory by deceiveing man , while in thy heart thou sleightest god the searcher of all secrets ? as if his error , who thinks thee good , were comparable with thine , who seekest to please man with a show of good , whilest thou displealest god with that , which is truly naught . 6. but this is no new thing to you , that have dispenced so long , so often , so variously with so many oaths of supremacie , allegeance , and canonicall obedience : that have done so many strange acts , contrarie to your faith , and subscription . take heed in time , lest not onely your oaths , but your own hand-writing arise in judgement against you , for casting off the book of ordination ; for renouncing the booke of common-prayer ; for disclaiming the articles of the church of england , with those three creeds , the glory and hope of all good christians . thus you , and your brethren , are become apostata's and renegadoes to all religion and piety ; gracelesse , faithlesse , perjured men . god of his mercy give you a sence of these sins , that so you may in time repent , and make some satisfaction to the church of christ , by an open confession , and by a full detestation of those presumptuous and crying sins . 7. this oath his majestie took solemnly before god , in the house of god , in the presence of the nobility , and clergie , and a multitude of his leige people . and shall not all these oblige him so much the more to be tender of this oath ? zanchius tels us , that z it is a more grievous sin to offend against a publick solemne oath , then against one made in private . what may we then think of an oath taken with such high solemnity ? 8. this oath was voluntarily , freely taken , without compulsion , or perswasion ; so no excuse that way . indeed it was taken a in truth , in judgement , and in righteousnesse . in truth , his sacred majesty resolving truly to keep it : in judgement , judiciously , upon mature deliberation ; and in righteousnesse ; intending that every branch of this oath should be justly and righteously observed in all his courts of justice . how then can he infringe this oath ? 9. he made this promiss●ry oath to a great body of this his kingdome , the whole clergie of this land ; and those not the meanest of his subjects . and not onely so , but to holy church his mother , and to god the father of us all . how can he then disclaime this oath ? which so obligeth his conscience before god. that b ●ad he bound himself by such a tye to high-way robbers , or to his professed ●nemies , he had been bound by the law both of nations and christianity , strictly to haue observed it without fraud or coven . talke not of a dispensation . nor life , nor death , nor principalities , nor powers , whether civill or spirituall , can possibly discharge him of this oath ; no more then they can me of my oath of allegiance . and yet it is a point of your religion to perswade to perjurie ; as if it would ease your consciences , to have millions concurre with you in the same perfidiousnesse and end . 10. is perjurie a sin , or no sin ? if it be a sin , and an heinous sin , c how then can i commit this great wickednesse , and sin against god ? is it no sin ? if you be of that mind , speake out , shew your self in your true colours . what religion are you of , i know not well ; little use hath your conscience made of religion in this case . your eye is wholly upon the parliament , and the present necessity , those members have wrought our good king and this whole nation . necessity hath so far prevailed with you , as rather to be forsworne , then to forgo your present maintenance . but our most gracious soveraigne , whom god ever blesse , hath wholly fixed his heart upon god , and his word , wherein we are charged d , not to sweare falsely by the name of the lord ; no , e nor to forsweare our selves , but to performe our oaths unto the lord. marke ; though the oath be made to the servant , it must be performed unto the lord ; because the caution is given to the servant in the lords behalfe ; yea upon the lords credit ; for by his name , and upon his book we sweare to do it . and if we do it not , f the lord will not hold us guiltlesse . minus dicitur , plus intelligitur ; by this one word much may be understood ; for g the lord will come against us in judgement , and call us to an account for our oaths . h oaths therefore must be avoided , lest we fall into condemnation . for perjurie is a foule , a dangerous , a damnable sin . i odious it is to god , because , k it defiles his most holy name . l for this very sinne the land mournes ; i beseech god , it become not disolate . sure i am , m a curse will enter into his house , that sweareth falsely ; it will settle there , till it have consumed the timber and stones thereof . or as the wise man hath it , n his house shall be full of calamities , and the plague shall never depart from it . let zedekiah be our evidence . o he took the oath of allegiance to nebuchadnezzar ; but slighted it , and rebelled against that his soveraign lord , who had so highly honoured him , and trusted him with a kingdom . but what became of him ? p the caldees came , besieged jerusalem , conquer'd it , took zedekiah prisoner , and slew his sons before his eyes . this done , they put out his eyes , and in fetters carried him captive to babylon . here was an end of the kings of that land , descended from the tribe of judah . are not here the timber and stones of his house , his strong men , and the sons of his loins utterly consumed ? 11. think not to excuse your selves or any other , by some later covenant ; this will not serve the turn . was the first sworn in truth , and judgement , and righteousnesse ? or was it not ? doth it truly and justly agree with the word of god ; at least , not contradict it ? if so , thou art bound in justice to observe it , lest judgement fall upon thee . for this is a true rule , if zanchius mis-guide us not , q posteriores promissiones , etiam juramento firmatae , nihil de prioribus detrahere , aut imminuere possunt : later aths cannot possibly make the former of no , or lesse validitie . why then do you perswade the king to break his oath ? he that enticeth a man to perjurie , under pretence of pietie and religion , r what doth he else but affirm , that some perjuries are lawfull . which is as much to say , as some sins are lawfull . which is naught else , but to conclude , that some things are just , which are unjust . i appeal to men of understanding , whether this proposition savours of pietie , or discretion . think not then to ensnare prudent and conscientious men , with such frivolous and senslesse pretences ; which favour strongly of absurditie , if not of atheisme . chap. viii . whether the king may desert episcopacy without perjury . 1. give me leave to passe over a few pages , and to take that into consideration , which follows next in reason , though not according to your method . we are now fallen upon a strange question , too high to be proposed by any subject . but you have enforced me to make that a question , which is harsh to loyall ears , lest i may seem to avoid your subtill and sawcie cavils , as unanswerable . for do not you say ▪ that your second ant●gonist plainly ●ffi●ms , that the king cannot desert episcopacy without flat perjury ? his words are far more mannerly : but i am bound to trace your steps ; and shall , with gods assistance , manifest , that his majestie without violation to his oath , and to religion , may not desert episcopacy , and leave it naked to the subtill fox , or the mercilesse swine . 2. first , according to your own confession , his sacred majestie hath sworn to almighty god , in his holy place , before a solemn assembly , to t protect the bishops , and their priviledges to his power , as every good king in his kingdom in right ought to protect and defend the bishops , and churches under their government . 1. good kings protect bishops ; and good they are in doing so ; there is no evill then in protecting bishops . 2. they ought to do it : it is therefore their duty ; and to fail of this their duty , when they may choose , is sin . 3. in right they ought to do it : they do wrong therefore , if they do it not . this right is grounded upon scripture ; for god saith , u erunt reges nutritii tui , kings shall be nursing fathers , and queens shall be nursing mothers to the church . who then dares say , they ought not , or shall not ? 3. besides , what is done in right is injurious to no man ; since jus and injuria , right and wrong cannot consist in the same action , under the same consideration . and yet no right is done , but it is displeasing to the adverse partie . god did right in protecting moses and aaron , against korah , and his confederates . he did right in destroying those factious and rebellious persons ; and yet x this was displeasing to all the congregation of the children of israel . and shall god or the king forbear to do right , because the multitude murmure at it ? this be far from the lord and his vicegerent . a judge is sworn to do right . if then he do not right to the utmost of his understanding , he is perjured . and the more eminent a man is in place , the greater the sin . you know , to whom it was said , y because by this deed thou hast given great occasion to the enemies of the lord to blaspheme , the childe that is born unto thee , shall surely dye . and of jer●boam it was said , z go , tell him , thus saith th● lord god of israel ; for as much as i ex●●ted the fr●m ●m●●g the people , and made thee prince over my people israel : and yet th●● hast done evill above all that were before thee , and hast cas● me behind thy 〈…〉 ▪ therefore behold , i will bring evill upon the house of jeroboam ▪ &c. 4. secondly , the king hath sworn to be the protect●r and defender of the churches under his government : and this , you will confesse , the king ought to do . but the king doth not protect the church , unlesse he protect the bishops ; since without bishops the church must needs crumble away , and come to nothing . the bishop is the ministeriall spouse of the church : how then can the church be protected , if her husband be taken from her , or stripped of his means ? just as our wives are maintained with the fift part . fed with an ordinance , with words ; but where 's the fift part ? which of our wives have had that justly payed them ? 5. the bishop is , under christ , the father of the church . destroy the father , and how shall the children be provided for ? nay who shall beget children of the church , when she is void of an husband ? and the bishop is the onely husband of the church ; a take ●way the bishop , and the church is a widow ; if you will beleeve the councell of chalcedon . b i have heretofore manifested , that none but a bishop can ordain either priest or deacon . and zanchius determines , that c the church may not want ministers , who are to administer these externall things , the word and sacraments . remove the ministers that have this power derived unto them from christ , and the sacraments must fail , and consequently the church . for what d is the church , but a congregation of christians , wherein the pure word of god is preached , and the sacraments duly administred , according to christs ordinance . but , according to christs ordinance , none may administer the word and sacraments but bishops , priests , and deacons . take these away , and what becomes of the sacraments ? take away baptisme , and according to gods ordinary and revealed way , we cannot become christians , e we cannot be born anew of water , and of the holy ghost . and when we are become christians , take away that food of life , the lords supper , and we must needs famish : for f unlesse we eat the flesh of the son of man , and drink his blood ( in that blessed sacrament ) we have no life in us . hence is that of calvin : g the light and heat of the sun , meat and drink are not so necessary for the cherishing and sustaining this present life , as the apostolicall and p●storall office is for the preservation of the church on earth . if then it be proved , that bishops properly and strictly so called , be of the same office and order with the apostles , then have we calvins acknowledgement , that the church cannot subsist without bishops . 6. indeed it cannot , if we beleeve s. cyprian ; for he saith , that h we ought to know episcopum in ecclesia esse , & ecclesiam in episcopo ; that the bishop is in the church , and the church in the bishop : it stands and fals with him . what then becomes of that church , where there is no bishop ? i si qui cum episcopo non sint , in ecclesia non esse . we must also know ( saith that blessed martyr ) that they , which are not with the bishop , are out of the church . thus the bishop is in the church causaliter , causally ; but the church in the bishop virtually . the fountain is in the brook causally ; and the brook in the fountain virtually ; because from the fountain the rives derives his being , from thence it is derived and fed . damne up the fountain , or divert his course , and what becomes of the river ? thus is it between the bishop and the church . hence i infer , that the matter of the oath is lawfull : i conclude therefore , with the author of the review , that k his majestie is bound in religion and conscience to protect the bishops with their churches , and priviledges . unlesse it be so , that you can bring him a new christ , who will ordain another way to heaven . 7. but , say you , ▪ it is a ground laid down by this author , that no oath is obligatory beyond the intention of it . that is , according to the common , plain , and literall meaning thereof , otherwise we know no intention of an oath . we must therefore look back to the intention of the first framers thereof , as also to the good and securitie of those , to whom , and for whose sake , it is tak●n . n. that m the intention of this oath , and the framers thereof , is against a tyramous invasion on the rights of the clergie ; as also to protect them against violence , no question at all is to be made ; and you do well to acknowledge it . so far then the king is to protect them to the utmost of his power . and hitherto , by the assistance of god , he hath done it : and my trus● is in jesus christ , that he will strengthen our good king to live and dye in this pious and princely resolution . 8. this oath is to the clergie ; the king then must have an eye upon them , and their intention , who so humbly begge his protection , and to whom he makes this oath . n expectationem enim eorum , quibus juratur , quisquis decipit , non potest esse non perjurus : for he that deceives their expectation , to whom he swears , cannot but be perjured . this s. austin proves at large in the preceding epistle ; wherein o he wonders , that any man should be of such an opinion , as to conceive , that a man might incur certain perjurie , to avoid uncertain danger , losse or death . it is a rule therfore in the canon law , p quacunque arte verborum quis juret , deus tamen , qui conscientiae testis est , ita hoc accipit , sicut ille , cui juratur , intelligit . what art soever a man use in the words of his oath , god who is witnesse of the conscience , takes the oath in that very sense , wherein the party takes it , to whom we swear . otherwise we shall not onely deceive others , but we shall cheat our selves into equivocation , wherewith of late we have so justly charged the jesuites ; and for which the fathers most deservedly heretofore condemned q the helcheseites , r valentinians , ſ priscillianites , and t the followers of origen . truly , i am much afraid , we are fallen into such times , as roger hoveden complains of under k. steven ; u wherein it was accounted a noble act to lye , and forswear ; and a manly deed to betray their lords and masters . 9. and is not this , which is wrought against the clergie , a tyrannous invasion ? what law is there to countenance , what of late yeares hath been done against us ? where is the orderly alteration , you speak of ? hath not all been done by tumults , and insurrections ? have not divers of the peers been assaulted , and many of the commons vilified , and terrified by a seditious faction , that so they might bring them to their own bend ? how many have been inforced to flye with all secrecy from westminster , because they would not passe their vo●es against law and conscience ? was it orderly to frame petitions at westminster , against the bishops and orthodox clergie , and then to gleane hands in the countrey from factious spirits , to your own petitions ? was this an orderly alteration , without any pretence of law , to deprive us of our freeholds , to plunder our houses , to imprison our persons ; and to thrust into our benefices men with unwashed hands , felt-makers , blacksmiths , taylors , and i know not whom ? and yet all this hath been done by our great masters in israel . 10. by your own confession , the king hath taken an oath to protect the clergie and their rights against violence , and a tyrannous invasion . but how shall he protect us , that is not able to secure himself ? this , it seems , was his dutie , and with gods assistance in his power , when his sacred majestie took the oath . his duty still it is , though he be robbed of his power . and when god shall restore him to his power , he is bound to discharge this dutie . for you confesse , that x his majestie is ingaged to his power to protect the bishops and their priviledges . and if he breake this solemne oath , in his own person , with what conscience can he punish perjurie in others ? 11. an orderly alteration , or legall waies of change , who condemnes ? but we justly complaine , that no such alteration hath been endeavoured . for that is not orderly , which is illegall : neither can that be imagined rationall , which is wrought by violence , or forced upon a king. he is to be ruled by the word of god , and right reason , y which is the life of the law ; not to be over-awed , or over-swayed by a faction . 12. that z it is rationall for a king to undertake , to protect the clergie against violence , you acknowledge ; and it is no more then all the kings ministers are bound in conscience to performe , the king hath done it , blessed be god , to the utmost of his power . whether the kings officers , and those he hath put in trust , have done their dutie , wi 〈…〉 be answered for at an higher barre . in right reason the oath should have no other sense . th●● sense then it hath ; and we desire that sense may be made good by parliament , and we restored to our free-holds , according to reason , and law ; and satisfaction made us for our losses , ●nd illegall imprisonment , ●ill an orderly and legall change be made . chap. viii . whether the kings oath taken to the clergie , be injurious to his other subjects , and inconsistent with his oath to the people . 1. you object , and we confesse , that a this oath to the clergie , must not be intended in a sense , inconsistent with the kings oath to the people ? how ? inconsistent with the kings oath to the people ? what ? all blind but mr. iohn geree , and his confederacy ? king and subject , preist , and people , composers , approvers , takers , all dimme-sighted ? how came you to spie this foule mistake ? surely this is one of your new lights ; for both these oaths as you please to call them , have happily stood , and may long stand together . there was a time , when the devill had found a device , to set god and caesar at odds : but our saviour set them to rights ; b give ( saith he ) unto caesar what belongs to caesar , and to god , what belongs unto god. that difference being reconciled , that arch enemie of man , hath found out a late device , to raise a quarell between clergie and people , as if the liberties of the one could not consist with the rights of the other . but we have learned of our blessed master to set these also at one , and beseech his majestie , to give unto the people what belongs to the people , and to the clergie , what belongs to the clergie . we desire nothing , that is theirs ; and we are certaine , that no good man will repine , at what is iustly gods , or ours . 2. it is gods command to c give every man his due . and if any law be made contrary to this , it is no law. the reason is , because d all power i● from god , and under god. e that law then , that god hath made , man may neither abrogate , nor alter ; it is onely in the lords breast to do it . indeed what is settled by man , may be changed , or abolished by man. but man must be carefull , that the law be just . f lex enim non obligat subditos , in foro conscientiae , nisi s●t justa : no law binds a subject in case of conscience , unlesse it be just . indeed it bind● them not to performance , but to submission . though they be not bound to performe , what is injoyned ; yet must they submit , to what shall be inflicted ; since resistance is damnable . ro. 13. 2. 3. since then it is onely the just law that binds us to obedience , it will not be a misse to set down , what laws are just , and what not . g that a law be just ( saith thomas ) three ingredients are requisite : first , power in the law-maker ; 2ly . the end , that it be for the common good ; and 3ly . the forme ; namely , that all burthens and taxes be equally , evenly layed upon the subjects ; not more upon one then upon another , but proportionably upon every man according to his estate . laws so qualified , are just , because impartiall . 4. from hence we may safely conclude , that h those laws are unjust , where , in the first place , the imposer wants authoritie . 2ly . when burdens are imposed , that are not for the common good , but for private interest , gaine , or glory . 3ly . when taxes , or subsidies , though for the publick good , be unequally layed . or , in the last place , when laws contradict gods written word : for i all laws ought to be so framed , vt illis , quos tangunt , prosint , & nemini praesertim notabile afferant n●cumentum : that they may be commodious for those , whom they concerne , and yet not be evidently injurious to others . from these or the like grounds , i find it resolved by the sages of this kingdom , that k the king may grant priviledges to any corporation , so they be not prejudiciall to some other of his subjects . 5. but wherein is the kings oath to the clergie , inconsistent with his oath to the people ? because his majestie hath first ( say you ) taken an oath for the protection of the people in their laws and liberties . their laws ? the peoples laws ? who made them makers ▪ or masters of the laws ? do the people use to make laws in a monarchie ? behold , all are law-makers . who then shall obey ? none but the clergie ▪ thus the clergie must obey the people ; and if obey , then please . for whom we obey , them we must please . and yet there is much danger in pleasing the people : for l if i should please men , ( that is , the common people ) i were not the servant of christ . the plain truth is , the laws are the kings laws , so we call them , and so they are ; and his subjects must observe them . otherwise m he beareth not the sword in vaine . the liberties indeed are the peoples , granted and confirmed unto them by the soveraignes of this realme . but wherein n will the latter oath be a present breach of the former and so unlawfull ? one would think , here were some great wrong offered to the people , as if some immunities , or means were taken from them , and transferred upon the clergie by this oath . but when all comes to all , it is no more then this , that o one of the priviledges of the people is , that the peers and commons in parliament , have power , with the consent of the king , to alter what ever in any particular estate is inconvenient to the whole . i had thought , that this priviledge , you speake of , had not been a priviledge of the people , but of the parliament , that is , of the peers and commons , representees of the people met in a lawfull and free parliament with the kings consent . not of the representees of the people alone . but you would faine incense the people a new against us , under a pretence , that all is for their good , and for the maintenance of their priviledges ; because they are represented by the house of commons . whereas the truth is , you endeavour to devolve al upon that house , for the erection of p●ssbytery ; that so both church and state may be democraticall , both settled under a popular government . 6. let us take a view of this passage , and see what truth is in it . one of the priviledges of the people is , say you , that the peers and commons in parliament have power to alter what-ever is inconvenient . how the lords will take this , i know not , though of late they have been so passive . can they endure , that their power should be onely derivative , and that from the people ? your words are plain ; one of the priviledges of the people is , that the peers have power . as if the lords had no power in parliament , but what issued from the peoples priviledges . why then are they called peers ; when they are not so much as peers to the people , but their substitutes , if not servants ? surely you lay the lords very lowe . and if it be one of the peoples priviledges that the lords have power ; then is it also one of their priviledges , that the lords have no power , that the people may take it from them , when they please . cuius est instituere , ejus est & destituere ; they that can give power , can also take it away , if they see good . this of late hath been usually vaunted against the house of commons ; and you say as much to the house of peers . whereas the peoples priviledges are but severall grants of the kings of this land , proceeding meerly from their grace and favour . alas , the people hath not so much as a vote in the election of peers ; neither have they liberty to choose members for the house of commons ; no , not so much as to meet , for any such purpose , untill they be summoned by the kings writ . so the peoples priviledges depends upon the kings summons ; no such priviledge till then . 7. and whereas you say , that the peers and commons have power to alter , what-ever is inconvenient ; you are much mistaken . when by the kings summons they are met in parliament , they have power to treat and consult upon alterations , as also to present them to his majestie , and to petition for such alterations , where they see just cause . but they have no power to alter : that is in the king ; or else , why do they petition him so to this day , to make such changes good , as they contrive ? hoc est testimonium regiae potestatis , vbique obstinentis principatum . this a full testimonie of the kings power in all causes , and over all persons , that the lords & commons assembled in parliament are faine to petition for his royall consent and confirmation , before they can induce an alteration . the truth is , the power of making laws is in him , that gives life to the law , that enacts it to be a law : not in them , that advise it , or petition for it . p where the word of a king is , there is power ; it is his word , le roy le v●lt , that makes it a law ; then t is a law , and not before . no power makes it a law but his . for q he doth , whatsoever pleaseth him . when it pleaseth him ; not when it pleaseth them : many times therefore he rejects bills agreed by both houses , with his roy ne veult , the king will not have them to be lawes . the reason is given by that renowned justice jenkins ; because r the law makes the king the onely judge of the bills proposed . ſ i counsell thee therefore to keep the kings commandment ( or , to take heed to the mouth of the king ) and that in regard of the oath of god. t that is ( saith the geneva note ) that thou obey the king , and keep the oath , that thou hast made for the same cause . this is agreeable to scripture . and the wisest of this kingdome not long since acknowledged , that u without the royall consent , a law can neither be complete nor perfect , nor remaine to posterity . a law it is not , it binds not , till the king speak the word . yea the kingdom of scotland hath declared , that the power of making laws is as essentiall to kings , as to govern by law , and sway the scepter . declar. of the kingdome of scotland . p. 34. 8. but if this be the peoples priviledge , that the peers and commons in parliament have power with the consent of the king to alter , what is inconvenient : whose priviledge is it , i pray you , for the lords and commons , without the kings consent , to make alterations , and abrogations with root and branch ? this is no priviledge of the people , nor yet of the houses ; x because ( as justice jenkins observes ) it is against their oaths to alter the government for religion . for ( saith he ) every of them hath sworne in this parliament , that his majestie is the onely supreme governour in all causes ecclesiasticall , and over all persons 9. but what inconvenience , i pray you , ariseth to the people from the rights and priviledges of the clergy ? not tithes . no , say you , y that justifie them to be due to your precious presbyters , by divine right . not the bishops revenues . by no meanes ; z they must not come into any mans hands but yours ; who are the parochiall pastors ; these must be your maintenance . a to seize them to private or civill interest , is detestable sacriledge , cried out upon all the world over , and to be deplored of all good men . so you with your master beza . indeed to take them away from those , that are intrusted with them , would prove marvelous inconvenient to the people . 10. how many inconveniences will arise to the people of this kingdome , by stripping the clergie of their immunities , and lands , cannot suddenly be discovered . some of them i shal lay down , and leave the rest to be displayed by those , that are cleared fighted . first the curse , that is likely to fall upon this whole nation by sacriledge . for a nationall sin must have a nationall punishment . b admensuram delicti erit & plagarum modus ; according to the fault , and the measure thereof , the number of the stripes shall be . let it be considered , how from severall counties multitudes came in with petitions , for the exrirpation of episcopacy . by whose instigation the petitioners best know . think not to avoid the scourge , because multitudes conspired in the sin : c we must not follow a multitude to do evill . hope not to lye hid in a throng ; d be sure , thy sin will find thee out , as e it did achan among the thousands of israel . his nobility could not excuse him . remember that this was for sacriledge ; for f he stole two hundred shekels of silver , & a wedge of gold , g which were consecrated unto the lord. this is a dreadfull sinne , h it will lye at thy doore ; it will be a stone of offence to thee , at thy going forth , and thy coming in . 11. i know there are men of severall mindes met at westminster . some are wholly bent upon church lands , and are resolved to swallow them up , come what will come . others are content to covenant , vote , or do any thing to save their own stakes ; for to what purpose were it for them to withstand ? alas , they are but an handfull ; they may wrong themselves , but no good can they do to church , or king. but we forget the lords rule ; i thou shalt not speak in a cause , to decline after many , to wrest judgement . 12. some young gentlemen there are , that must plead ignorance in their votes , as being not acquainted with the state of the question ; much lesse with the mysterie of iniquitie , which worketh powerfully in the sons of disobedience . but they must know , that there be sins of ignorance ; for these there must be an attonement made by the preist , and without this , for ought i read , no forgivenesse . levit. 4. yea , saith the lord , k if a soule sin , and commit any of these things , which are forbidden to be done by the commandments of the lord , though he wist it not , yet is be guiltie . and he shall beare his iniquitie , for l he hath certainly trespassed against the lord. but to bring it home a little neerer to these times , that are so violent for sacriledge , let all achans broode give eare to the words of the lord , m if any person transgresse , and sin through ignorance , by taking away things consecrated to the lord , he shall restore that , wherein he hath offended , in taking away of the holy thing , and shall put the fift part more thereto , and give it unto the preist . then n shall the preist make an attonement for him , not before ; then shall the sin be forgiven him , not before . here then remaines no excuse for any , that have the least hand in sacriledge , without restitution . but why do we o abhor idols , and commit sacriledge ? why rob we god , as if he were an idol , not sensible of these wrongs , nor able to revenge them ? 13. next , when the church is stripped of her means , what kinde of clergie shall we have ? p jeroboams priests ; the lowest , and meanest , of the people . for as now , so then , q the priests and levites followed their true liege lord. for that arch-rebell and his sons had cast them off from executing the priests office . this being done , r who would , might consecrate himself , and be one of the priests of the high places . like king , like priest ; each had alike right to their places . a lively character of our times . these are called the devils priests , 2 chron. 15. 11. men that wanted either the knowledge , or the fear of god , or both . and surely this is the ready way to fi●● our priests places with men void of learning , not ſ apt to teach , not t able by sound doctrine either to exhort , or to convince the gainsayers . now s. peter tells us , that u the unlearned and unstable ( ungrounded men ) wrest the scriptures to their own destruction . what then shall become of the people ? x if the blinde lead the blinde , both shall fall into the ditch . this will bring us to that passe , which bishop latymer speaks of , y we shall have nothing but a little english divinitie ; which will bring the realm into very barbarousnesse , and utter decay of learning . it is not that , i wis ( saith that good bishop ) that will keep out the supremacy of the bishop of rome . and this will be a strange dishonour to this nation , which hath alwayes abounded with learned men . 14. 3 hospitalitie will come to nothing ; 4 your rents will be racked ; and 5 your sons barred from one fair and most commendable course to preferment . for with us no one familie , or set persons are tyed to be priests , as was the tribe of levi. the qualification of the person , and not his pedegree , is with us inquired into . what understanding man then will freely dedicate his son to the ministerie , and be at an extraordinarie charge to breed him up to divinitie , when his reward shall be certain poverty ? and what scholer of worth will desire orders , when he knows , that by these he shall be exposed to contempt and beggary ? though we love the priesthood , when we are miserable in it ; yet no man affects the priesthood , that he may be miserable . i know many , since our coat is grown so contemptible , who intended divinitie , that have diverted their studie to physick ; knowing that this nation is carefull of their bodies , though carelesse of their souls . 15. is it not enough by this extirpation to barre your selves from heaven , unlesse ye sink your posteritie into the same damnation ? is it not enough to murder priests , unlesse ye slay the priestood also ? certainly ye run the readie way to do it . if ye will not beleeve bishop latymer , because a priest ; yet trust sir edward coke , because a lawyer and a states-man . this great learned man assures us , that z it is a more grievous and dangerous persecution to destroy the priesthood , then the priests . for by robbing the church , and spoyling spirituall persons of their revenues , in short time insues great ignorance of true religion , and of the service of god ; and thereby great decay of christian profession . for none will apply themselves , or their sons , or any other they have in charge , to the study of divinitie , when after long and painfull studie they shall have nothing whereupon to live . will not our church then come to a sweet passe ? and yet to this passe we are almost brought . 16. all the inconvenience , that mr. geree presseth , is this , that a we are not subject to the parliament , to be whipped and stripped as they please . if we be not subject to them , i am sure they have made us so . but how far forth , and wherein we are subject to the parliament , and what parliament , shall speedily be taken into consideration . chap. 9. 17. you speak much of b a former and a latter oath ; the former to the people , the latter to the clergy . as if his majestie took two severall oaths , at two severall times . whereas in truth it is but one oath , c as you acknowledge p. 1. taken at the same time , and , as it were in a breath . indeed there are severall priviledges proposed to the king , which he first promiseth , and afterwards swears to maintain . as for the promise , it is first made in grosse to the people of england ; & afterwards to the severall states of this realm ; but first to the clergie by name . in generall to the people of england , the king promiseth to keep the laws and customs to them granted by his lawful and religious predecessors . under this word people are comprehended the nobilitie , clergie , and commons of this kingdom . afterwards distinguishing them into severall ranks , he begins with the clergie , promising that he will keep to them the laws , customes , and franchizes granted to them by the glorious king s. edward his predecess●● . secondly , he promiseth to keep peace and godly agreement entirely , to his power , both to god , the holy church , the clergie , and the people . here also , you see , his promise to the church , and clergie , goes before that to the people . in the third branch his majestie promiseth to his power to cause law , justice ▪ and discretion in mercy and truth to be executed in all his judgements , to all before named . next he grants to h●ld and keep to the comminalty of this his kingdom , the laws , and rightfull customes , which they have to the honour of god [ mark that ] so much as in him lyeth . the commonalty , you see , are not mentioned , till we come to the fourth clause . and last of all , lest the bishops , though implied in church and clergie , should seem to be omitted , and an evasion left to some malignant spirits , to work their ruine , and yet seem to continue a clergie ; the king promiseth to the bishops in particular , that he will preserve and maintain to them all canonicall priviledges , and due law and justice ; and that he will be their protector and defender . how then can he desert them , or leave them out of his protection ? 18. these promises made , the king ariseth , is led to the communion table , where laying his hand upon the holy evangelists , he makes this solemne oath in the sight of all the people : the things , that i have promised , i shall perform and keep ; so help m● god , and the contents of this book . though then the promises be severall , the oath is but one : and so no former , no latter oath ; not two , but one oath . d the kings oath to the people is not first taken ; but you are wholly mistaken . 19. if any man desire to know , who the people and commonalty of this kingdom are , let him look into magna charta ; where he shall find them marshalled into severall estates , corporations , and conditions . there you shall also see the severall laws ▪ customes , and franchizes , which the king and his religious predecessors have from time to time promised , and sworn ▪ to keep and maintain . that great charter begins with the church ; e inprimis concessimus deo : first , we have granted to god , and by this our present charter have confirmed , f in behalf of our selves and our heirs for ever , that the church of england be free , and that she have her rights entire , and her liberties unmaimed . now sir edw : coke , that oracle of the law , tels us , that g this charter for the most part is but declaratory of the ancient common laws of england : to the observation wherof the king was bound and sworn . and not onely the king , but h the nobles and great officers were to be sworn to the observation of magna charta : i which is confirmed by thirtie and two acts of parliament . 20. the liberties of this church , as i have gleaned them from magna charta , and sir edw : coke are these . first , that k the possessions and goods of ecclesiasticall persons be freed from all unjust exactions and oppressions . secondly , that l no ecclesiasticall person be amerced ( or fined ) according to the value of his ecclesiasticall benefice , but according to his lay tenement , and according to the quantitie of his ●ffence . thirdly , that m the king will neither sell , nor to farm set , nor take any thing from the demeans of the church in the vacancie . fourthly , that n all ecclesiasticall persons shall enjoy all their lawfull jurisdictions , and other rights wholly without any diminution or subtraction whatsoever . fiftly , o a bishop is regularly the kings immediate officer to the kings court of justice in causes ecclesiasticall . sixtly , p it is a maxime of the common law , that where the right is spirituall , and the remedy therefore onely by the ecclesiasticall law , the conusans thereof doth appertain to the ecclesiasticall court. seventhly , q sir edw : coke tels us from bracton , that r no other but the king can demand ( or command ) the bishop to make inquisition . eightly , ſ every archbishoprick and bishoprick in england are holden of the king per baroniam ( by baronry ) . and in this right they that were called by writ to the parliament , were lords of parliament . t and every one of these , when any parliament is to be holden , ought ex debito justitiae ( by due of justice ) to have a writ of summons . and this is as much as any temporall lord can chalenge . the conclusion of all is this , that u neither the king , nor his heirs ( or successors ) will ever endeavour to infringe or weaken these liberties . and if this shall be done by any other , nihil valeat , & pro nullo habeatur , let it be of no force , and passe for nothing . hence x it is provided by act of parliament , that if any judgement be given contrary to any of the points of the great charter , by the justices , or by any other of the kings ministers whatsoever , it shall be undone , and holden for nought . let all true hearted englishmen observe this , that are lovers of their countreys liberties . 21. we have seen , what the king hath granted & sworn , as also in what order ; and that the oath is but one . and yet mr. geree goes forward , as if it were certain without question , that this to the clergie , were a severall oath from that to the people . confidently therefore he presseth it , that y the king cannot afterwards ingage himself . whereas he ingaged himself alike to his people at the same instant , that he would preserve the priviledges both of clergie and commonaltie , because both his people . now , why his majestie should be bound to maintain the priviledges of that one estate , rather then of the other ▪ i cannot conceive . especially when i consider , that z the priviledges of the clergie are granted to god ; without whose blessing nor privilege , nor people can be preserved . the king then herein non c●●sit jure suo , hath not yeelded up the clergie or his right to any other ; neither can he with a safe conscience do so . but since a magna charta hath been so often confirmed , even by 32. severall acts of parliament , the parliament , in that sense you take it , hath parted with that right it had , by these severall grants and confirmations : and we ought in justice to enjoy our priviledges , and they to maintain them ▪ unlesse they mean to affront and subvert so many acts of parliament , and that main charter and honour of this kingdom . as if they onely had the judgement of infa 〈…〉 ibilitie ; which scotland denies . declarat . of the kingdom of scotland , p. 19. chap. ix . how far forth , and wherein the clergie is subject to a parliament , and to what parliament . 1. the net is prepared , the snare layed , danger is at hand , and yet we must not forsake , or betray the truth in time of need . the noose layed by our church adversary , is this : b the clergie and their priviledges are subject to the parliament , or they are not . to this we must say , yea , or nay ; and the man thinks he hath us sure enough . but the man is mistaken , one mesh is not well made up ; and i must tell him that we are subject to the parliament , and we are not . subject we are to the parliament , consisting of head and members ; but not to the members without the head , not to the members alone ; since we are subject to the members meerly for the heads sake ; and in those things onely , wherein he subjects us to them . set apart the head , and we are fellow members , fellow subjects . for iowe no temporall subjection to any or many subjects , but onely for the kings sake . though the parliament be a great , a representative , an honourable body , yet it is but a body : and that body , with every member thereof , owe obedience and service to the head ; not one to another . i say nothing , if i prove it not by scripture . c submit your selves to every ordinance of man for the lords sake ; whether it be to the king as supreme ; or unto governors , as unto those that are sent by him , by the king. as if he should say , submit your selves to the king , for the lords sake ; and to other governors for the king● sake . for king● have their commission from god ; but all state governors from the king : and iowe them no subjection beyond their commission . if then it shall please the king to give the members of parliament power over us , we must submit either by doing , or suffering . either by doing , what they shall command , or by suffering , what shall be inflicted on us . 2. subjection is not due to them , as they are great , or rich men ; but as they are the kings ministers . this is evident , because d all commissions breath and expire with the king e upon death of the king follows necessarily the dissolution of parliament . none of us , that are meer subjects , have at such a time power one over another , but onely by advice ; none of us authority , but onely as this or that man hath gained esteem by his wisedome and integritie . onely the preisthood never dyes , because christ ever lives , from whom the preist hath his commission . but all other subordinate powers expect a new commission from the succeeding prince . this experience taught us upon the death of queen elizabeth . 3. though this be truth , yet no truth can charge us , that f we claime exemption from secular power . you see , we acknowledge our selves subject to the king , as also to those ministers , that he sets over us . but as these may not exceed their commissions given by the king ; neither may the king exceed his commission granted him by god. the kings commission is like the preists , g ad aedificationem , non ad destructionem , for upholding the church and service of god ; not for the ruining of either . and the king may not grant a larger commission to his ministers , then himselfe hath received from the king of heaven ▪ his commission is , to be h a nursing father to the church , not a step-father ; to i preserve to her all her rights and dues , to see , that she be provided with necessaries , and to protect her against her profaine and sacrilegious enemies . surely if our soveraigne hath intrusted the parliament with any power over the church and church-men , it is but with some part of that , wherewith god hath enriched him , and no other . 4. well , k if we be under parliamentary power , it cannot rationally be conceived , to be the meaning of the king so to subject us to the parliament , as to forget , or renounce his hath , by destroying the priviledges of the clergie ( which he hath swo●ne to preserve ) against ( or in dishonour to ) that power to which they are legally subject ▪ how far we are legally subject to this parliament , i know ; and how far we are ▪ or may be under parliamentary power , i have alreadie declared . the power we are legally subject to , is his royall majestie ; and it is not , it cannot be , the meaning of the kings oath , to preserve our priviledges against his own power ▪ or to exempt us from his iurisdiction . let the world judge , whether your , or our priviledges and principles be distructive of legall power . we are bound by canon l faithfully to keepe and observe , ( and as much as in us lieth ) to cause to be observed and kept of others , all and singular laws and statutes made for restoring to the crown of this kingdome , the ancient jurisdiction over the state ecclesiasticall , m against all usvrped and forraign power . marke that ; it is not onely against forraign , but it is against usurped , and all usurped power ▪ shew me , if you can , one such loyall canon or resolution from any presbyteriall assembly . n this jurisdiction ecclesiasticall is by the lawes and statutes restored to the imperiall crown of this realme , and not upon the parliament ; because it is by gods word settled upon the crowne . 5. o this authority in causes ecclesiasticall was in the godly kings amongst the jews , & christian emperors in the primitive church ; and hath been exercised by the kings of this realme , according to an act of parliament in that behalfe , an. 32. henr. 8. c. 36. according to this statute were the bishops and the rest of the clergie assembled b● king edward vi. and queene elizabeth for composing the articles of religion , which were allowed to be holden and executed within this realme , by the assent and consent of those princes ; and confirmed by the subscription of the arch-bishops & bishops of the upper house , and of the whole clergie in the neather house in their convocation . as is to be seen in the r●tification of those articles . agreeable to the same statute , the arch-bishops , bishops and other of the clergie were summoned & called by k. iames to treat of canons and constitutions ecclesiasticall ; which were by them agreed upon an. dom. 1603. and were by the same king of blessed memorie ratified and confirmed by his letters patents . and i am certaine , that we have subscribed and sworne , p that the kings majestie under god is the onely supreme governor of this realme , and of all other his highnes dominions and countries , as well in all spirituall , or ecclesiasticall things or causes , as temporall . 6. the substance of your touchie argument is , i hope , satisfied in the eye of every moderate and discreet man. the rest ▪ that follows is but a rhetoricall flourish , or reiteration of what passed before , as if q the kings oath to the clergie could not be consistent with the priviledges of the nation , formerly by him sworn to . as if , without peradventure , there were a former and a latter oath , which i have proved to be most false . and as if we of the clergie were none of the nation . or as if we were bastards , and not legitimate ; slaves , and not free-born subjects . and yet , blessed be god , diverse of our orthodox clergie are as well descended , as any that speake against them , is this , my good brother , to r reverence the preists , and count them holy ? is this the way to invite men of worth , to incorporate themselves into your presbyteriall hierarchie ? surely we are a part of this nation , to whom this promissory oath was made . our rights consisted comfortably many yeers with the priviledges of the people , to the honour of this nation , and to the astonishment of others . with what face then can you say , that the kings oath to the clergie cannot be consistent with the priviledges of the nation ? whereas it is evident , that in three or foure yeers this nation is so weary of the presbyteriall encrochments , that they can no longer possibly endure them . 7. but by your words it seems , ſ when and while the clergy were a distinct corporation from the laitie , the oath had this sense , viz. that the kings oath to the clergie was consistent with the priviledges of the nation ▪ that must be the sense , if i know what sense is . but the clergie were and are a distinct corporation . in ceasing to be popish , we are not ceased to be preists : neither is that necessary and just exemption , or distinction yet abolisht . if it be , why are you so zealous , to distinguish us and our privileges , from the people and their priviledges ? whereas if we be all one without distinction , our priviledges must needs be the very same ; and so no inconsistencie at all . but of this more fully chap. 11. 8. a popish exemption it was for the clergie to be free from the kings commands . but this is abolished , and we readily submit to every ordinance of man ; and wish , that you , and your assembly brethren would learn the same christian obedience . a popish exemption it is for the bishops and their churches to know no governor but the pope . that also is disclaimed , and at the kings coronation it is publickly acknowledged , that the bishops and their churches are under the kings government . the antichristian usurpation is condemned , and true christian subjection justified . the king is the ●nely supreme o vern●r , to him we owe obedience , and to others for him , and under him . and though all antichristian usurpation were abolish●d upon the death of queen mary , yet in all the acts since that time to this present parliament the lords spirituall are distinguished from the lords temporall , the clergy from the laity , and the convoc●tion from the parliament . yea even in these times of confusion , the clergie are doomed by your great masters , to be unfit for lay ▪ or civill imploiment ▪ if there be no such men , then was that sentence sencelesse : & while we are of the same corporation with them , we are as capable of any office of state , as the rest of our fellow-subjects , even to be members of both houses . but this distinction is still on foot ; the kings oath therefore to us is still binding ; especially since our immunities may as well subsist with the priviledges of the commons , as the priviledges of bristoll with the franchizes of london . 9. indeed you may well twit us with the change of our condition ; for we have just cause with bishop latymer to complain , that z there is a plain intent to make the clergie slavery : which was far from the intention of this oath , till your faction prevailed in the change . but what inconvenience will follow , if we confesse , that the intention of the oath was changed , with the change of our condition ? not that , which you aime at . for therein , and so far forth onely is the intention of the oath changed , as our condition is changed . but wherein is our condition changed ? a church we are still ; bishops and preists we are still ; onely our condition is thus far changed ▪ before we were subject to antichristian usurpation , but now we are altogether for christian allegiance . before our bishops and preists were subject to the pope ; but we submit wholly to the king. and i hope , we shall not fare the worse for that . the kings oath is , to protect the church , as it is , not as it was ; not as she was popish and superstitious , but as she is catholick and apostolike . then she was subject to the pope , and free from the king , but now she is subject to the king , and free from the pope . but you would faine enforce us to our old vomit ; for we cannot but discern , that a far more intollerable tyranny is drawing on , by how much the more dangerous it is to be subject to a multitude , then to one ; to a multitude at home , then to one abroad : both of them being equally destructive to the liberty of the church , and alike contrary to the word of god. 10. besides , the change of our condition is either for the better or the worse . if for the worse , this is to maintain popery . he that saith our condition is changed for the worse , justifies , that it is better for us to be subject to the pope , then to the king. if for the better , then must the intention of the oath be changed for the better . for are not these your words , that the change of the clergies condition must needs change the intention of the oath ? without question the intention of the oath was to protect all his subjects in their severall places , dignities , add degrees ; and not to suffer them to oppresse or devoure one another , to see justice done for them and upon them , according to the laws established ; and not to yeeld to any law , that may be distructive to the rights or liberties of any of his subjects . 11. the intention of the oath is , to maintain the ancient , legall , and just rights of the church ; and to preserve unto the bishops due law and justice . we desire no more , and no man may with reason deny this , to be the intention of the oath . the the words are plaine : sir , will you grant , and keep , and by your oath confirme the laws , customs , and franchizes granted to the clergie by the glorious king s. edward ▪ your predecessor , &c. and again ; our lord and king , we beseech you to pardon and grant , and preserve unto us , and to the churches committed to your charge , all canonicall priviledges , and due law and justice . all this the king hath sworne to performe ; and hath acknowledged , that by right he ought to do it . and would you have him to be forsworne , and to neglect that , which by right he ought to make good ? surely you would make an excellent ghostly father for the man of sin . 12. neither is this the peculiar opinion of us church-men onely ; that great oracle of the law resolves , that a the king is bound to maintain and defend the rights and inheritance of the church . and he gives two reasons for it ; first , because the church is alwaies in her minoritie , it is under age : seconly , she is in wardship to our lord the king. and then he addes , b nec est juri consonum , quod infra aetatem existentes , per negligentiam custodum svorum exhaeredationem patiantur , seu ab actione repellantur : neither is it consonant to the law ( nor yet to conscience ) , that those who are under age , should either be spoiled of their inheritance , or barred from action at law , through the negligence of their guardians . especially kings being by divine ordinance made guardians and nursing fathers to the church . es . 49. 23. 13. you see , we have divine and humane law for what we say , we claime no c priviledges long since by act of parliament abolisht . we desire not his majestie to contradict , but to ratifie bis oath , and to maintain those laws he found in force . but as for you , all your endeavour is to perswade the laity , that our weale is their woe , and that the upholding of the clergie in their due and ancient state , would be certain ruine to the commons . as if our priviledges were like d pharaohs lean kine , ready to devoure the fat of the laity : as if our aime were to reduce antichristian usurpation , & to subvert the ancient laws . whereas every man may readily discern , that these are but pretences . the true end aimed at in these invectives and incentives , is that the caninus appetitus the wilde ravenous stomachs of m. geree and his fellow presbyterians may be satisfied . but at seven yeers end they will be as lank and hungrie as pharaohs famished kine . it was so with king henry viii : and it will be so with all , that tread in his steps . 14. e it s apparent then to make the intention of that oath to be false and fallacious , and under pretence , that it may not be against legall alteration , so to wrest it , that it may be to the ruine of a great body of his subjects , and those not the worst ; that it shall be against all law and conscience , ( for f that law , which is unjust is no law ) : that it shall be to the subversion of the true religion and service of god , to the distraction of his people , and to the eternall dishonor of himself and the whole kingdome , makes his oath in your sense utterly unlawfull . and if unlawfull , then is it not obligatory either in foro conscienciae , or in foro justitiae , either before god , or any good man ; unlesse it be to do the contrary . but if this oath in the true and literall sense be not against legall alteration , but against unjust oppression , sacriledge , and profanenesse , manifest it is , that it is both lawfull and obligatory ; and the king may not , without violation of his oath , and certain danger of the pure and undefiled religion , passe a bill for the abolition of episcopacy , what ever his houses of parliament think , or petition , or presse never so violently . 15. but your opinion is , that the king may passe a bill , for the abolition of episcopacy . and what i thinke , or what the king thinks ; it is no matter if his houses of parliament think it convenient , he may do it . it is wonder , you had not said , he must do it . indeed you say that , which is equivalent ; for are not these your words ; g he cannot now deny consent ( to their abolition ) without sin ? and if the king without sin cannot deny it , then must he assent unto it . thus by your words it seemes , he is at their disposing , not they at his . indeed , if a man may beleeve you , the power is in the houses , and not in the king. for do not you say , that h the peers and commons in parliament have power , with the consent of the king , to alter whatsoever , &c. and againe ; i there 's no question of power in the parliament to over-rule it . the power , it seemes , is in them , consent onely in the king. and here , the king may passe a bill , when his houses think it convenient . well , he may , and he may choose ; he may consent , or dissent . k cujus enim est consentire , ejus est & dissentire . and so long we are well enough . for the kings negative in parliament is a full testimony of his supreme power . hence is it , that the houses petition for his consent , which they need not do , if the power were in the houses . besides , his houses , the kings houses , you call them ; and so they are . this also manifests , that they are at his disposing , and not he at theirs . they must therfore wait his pleasure , til he thinks it convenient . his consent they may petition for , enforce they ought not , since they are his subjects ; enforce it they cannot , since l he hath power over his own will. and whatever you suppose , it is in his power to consent , or dissent , when he sees it convenient ; and consequently to keep , or not to keep his oath . his affirmative makes it a law ; his negative denys it to be a law. for m the king is the onely judge , whether the bills agreed upon , and presented , be for the publick good , or no : and to take away the kings negative voice , is contrary to your covenant ; it diminisheth the kings just power and greatnesse ; and cuts off all regall power . witnesse the declaration of the kingdome of scotland . p. 18. chap. x. whether it be lawfull for the king , to abrogate the rights of the clergie . 1. the question proposed is concerning episcopacy ; but now you are fallen to the rights of the clergie . as if this were a sound and unanswerable argument , it is lawfull for the king to abrogate the rights of the clergy : ergo , it is lawfull for him to abrogate episcopacy . it is for all the world , as if one should say , it is lawfull for the king to take away the rights of lawyers ; ergo , he may also take away judicature . yet all men would say , that this were flat tyrannie ; since without judicature no man can compasse , or enjoy his own with peace . 2. but i shall return your argument so upon you , as shall concern you more neerly . it is lawfull for the king to abrogate the rights of the clergie : it is therefore lawfull for him to abrogate presbytery . how like you this ? is it not your own argument , changing terme episcopacy into presbytery . ye have strooke out the former & set up the latter in the place of episcopacy . and your scholers , by the same argument , may live to root up thut too , if any lands be annexed to this great diana of geneva . thus you have made a rod to scourge your selves with . 3. but you will say , that though it be legall for the king , to take away the rights , yet he may not destroy the order . and why so ? because the rights are granted by man , but the order was settled by god : and what god hath ordained , is not lawfull for man to abrogate . i must return you the same answer , since t is sufficiently justified . c. 4. 5. that the order of episcopacy is the immediate institution of our b. saviour , and ministeriall root , from whence all orders spring . though then this be n the usuall way of cleering this your assertion , and you o conceive it to be a sound resolution , yet learned men see , that you have said just nothing , unlesse you confesse , that the order of presbyter may likewise be ex●i●pated by royall authority . 4. but return we to the rights of the clergie , and take notice upon what grounds you suppose it lawfull for the king to abrogate those rights , which he hath vowed so solemnly to maintain . p the king ( say you ) is sworne to maintaine the laws of the land in force at his coronation . yet it is not unlawfull for him after to abrogate any of them , upon the motion , or with the consent of his parliament . i am glad that you acknowledge it to be the kings prerogative , to maintaine the laws of the land ; and that it is not unlawfull for him , to abrogate any of them with the consent of his parliament . if he be bound by oath , either he hath power to maintain these laws , or not . if he hath not power , it is a senselesse oath . if he hath power , where is it ? what is become of it ? hath he resigned it ? we know the contrary . hath he forfeited it ? to whom ? to his subjects ? he can no more forfeit his regall power to his subjects , then a father the right of fatherhood to his children . he is no more a king upon condition , then a father is a father upon condition . his power he hath not from the people , but from god. q per me reges regnant , by me kings reign , saith god. and , i hope , god speaks no untruth . his substitute the king is , for r he sits on gods ( not on the peoples ) throne ; and ſ king he is for the lord , in his stead . 5. if you object misdemeanours , or bearing armes against his parliament ; your self say , that t he is sworne to maintain the laws of the land. the laws , liberties , and properties were all at stake , they were trampled upon by his faithlesse , but potent subjects . this enforced him to take up u that sword , which he ought not to beare in vaine , but to x execute wrath as the minister of god , upon them that do evill ; upon such , as plunder his good subjects , and turn them out of house and home . for y the king is made by god the supreme governor , for the punishment of evill doers , as also for the praise of those , that do well . but suppose the king were a tyrant , as bad as bad may be , yet z we ought from our hearts to give him all due honour ; so beza ; and not to rob him of his just power . if he sin a it is against god onely ; and to him onely he must account ; not to his subjects . 6. well , bound he is by oath , b to maintain the laws , while they are laws . as yet then the rights of the church are safe , and the king is bound to maintain them . but how long are these laws in force ? c till they are abrogated by just power in a regular way . they are your own words , and we subscribe them . but the just power is in his majestie , by your own confession , both d to maintain , and to abrogate laws . and the regular way , say you , is at the motion , or with the consent of his parliament . but with all our loyall predecessors we say , at the petition , or humble suit [ not at the motion ] of his parliament . and his it is , his they are all , though members of parliament , since the parliament is his. they are not then a parliament of themselves , at their own choice , or disposing , nor yet without him . his they are ; i am sure , they should be so ; i would to god they were so . * the king is the fountain of honour and power within his own dominions . and e who may say unto him , what doest thou ? why doest thou honour this man , and not that ? why doest thou call a parliament at this time , and not at that ? f impius est , qui regi dixerit , inique agis : he is impious , that saith unto the king , thou dealest unjustly , or unequally . so the fathers read that place . no obbraiding , no controulling of a king ; g he can do no wrong . so the law. 7. his , the kings , they are , when they are met , and set in parliament , h his great councell , magnum concilium regis ; i his houses , k his parliament . and l therefore called so , that they may parlar la ment , speak their minds freely for the generall good . him they may entreat , not controul ; advise , not command ; perswade , not enforce . suppose , the king grants them power and authoritie , he grants them none either over , or against himself : this he cannot do . this were to set the members above the head , and to make his subjects superior to himself . this were to despoil himself of the power of the sword. but this he may not do , since m god hath made him supreme , and n given him the charge of the sword. and his majestie may not invert that order , which god hath set ; neither may he repeal gods ordinance , or make it void . god hath laid the charge upon him , and he cannot with a safe conscience decline it , or neglect it . 8. observe , i beseech you : o though pharaoh set joseph over his house , and over his people to rule and arm them at his pleasure : though joseph were so p made ruler over all the land of egypt , yet without him no man might lift up his hand or foot , within that land ; yet joseph is not king . q pharaoh keeps his throne ; and therein is he greater then joseph , who still is but pharaohs deputy , though r lord of all egypt . and though he be ſ a father to pharaoh , yet t is he still at his command . thus is it with the parliament of england ; though they are put in highest trust by the king , yet are they still at his disposing , either u to be adjourned , prorogued , or dissolved at his pleasure ; and are at his command in all things lawfull and honest . to this great councell we are no further to submit , then in those things they are sent for by the king , and so far forth as they have commission from him . s. peter saies the same . x submit your selves unto the king as supreme , or unto governors as unto them , that are sent by him , by the king. so far forth , and in such things , for which they are sent , i owe them obedience ; but no further . 9. how far forth the king is sworn to maintain the laws of the land , and upon what grounds they may safely be repealed , we have alreadie seen . now we are called upon to descend to the rights of the clergie ; whereof your resolution is this , by way of consequence . y so the king by his oath is bound to maintain the rights of the clergie , while they continue such . but , blessed be god , such they do continue : the king therefore by oath is bound to maintain them . 10. z but ( say you ) if any of their rights be abrogated by just power , he stands no longer ingaged to that particular . why , i beseech you , do you leave out something here , that you held necessary for the abrogation of the laws of the land. before it was , that the laws might be abrogated by just power in a regular way . but here you grant , that the rights of the clergie may be abrogated by just power . but what 's become of the regular way ? was it forgotten ? or left out on set purpose ? surely there is a my fiery in it ; for your argument ought to procede thus : by what means the laws of the land may be abrogated , by the same means may the rights of the clergie be abrogated . but the laws of the land may be abrogated by just power in a regular way . ergo , the rights of the clergie may be abrogated by just power in a regular way . thus the syllogisme stands fair for the form ; and the major or minor proposition must be denied by the respondent : otherwise he is at a non-plus , and convinced . but your conclusion is , so , or , ergo , the rights of the clergie may be abrogated by just power . but this so is faultie ; and so is the syllogisme ; because the minor terminus is maimed in the conclusion ; it comes not in whole , as it should do . the reason why , is plain ; because you are not able to set down a regular way , wherein , or whereby those rights , you aim at , may be abolished . 11. and what wonder , that you can finde no regular way for the clergie and their rights , since you have put them clean out of the regular , the right way . and when ye will find the regular way , god knows ; for , plain it is , that ye are out of the way . ye wander this way , and that way , like men in a maze , or mis-led by an ignis fatuus , by jack in a lantern . no rule at all you have to be guided by but onely this , that the book of common prayers must down , and episcopacy shall not stand . so farewell heavenly devotion , and all true faith ; and farewell church . if this be not to be possessed with the spirit of giddinesse , and impietie , i know not what is . 12. but , i pray you , give me leave , before i passe further , to tell you , that just power goes alwayes in a regular way . and when it leaveth that way , it ceaseth to be just ; unlesse inforced by such necessitie , as cannot be provided for in a regular way . that power onely is just , which doth nothing wittingly but what is just ; and distributes to every man and societie their severall dues . if it do otherwise , we cannot call it just , unlesse we desire to incur that sentence of the almighty , a he that saith unto the wicked , thou art righteous , him shall the people curse , nations shall abhor him . 13. well , be it just , or unjust , be it never so much cursed at home , or abhorred abroad , you are resolved to justifie the abrogation of the rights of the clergie . what ? a clergie-man , and a preacher of the word of god , and altogether for ruine and destruction ? surely you are not a preacher of that word , which s. paul taught ; for he professeth , that b authoritie is given to men of our calling , not for destruction , but for edification . shew me one preacher in the word of god , besides corah and his confederates , that ever spake , or wrot any thing against the rights of the clergie . you cannot possibly , unlesse you bring in judas with his c ad quid , finding fault , with that cost , which was bestowed upon our saviours person . indeed no man so fit for your turn ; d he robbed and betrayed the head , and you the body . but you know , what censure is passed upon him for it ; e this he said , because he was a theife , and did carrie the bag . he did , and you would . it is private , not publick interest , that stirres up ambitious and greedy spirits against christ and his vicegerents . i can shew you f s. paul magnifying his office , and g justifying the priviledges therof . but you are none of s. pauls followers ; demetrius and alexander , silver-smiths and copper-smiths , are your good masters , and with them i leave you . 14. but what are these rights that you are so eagar to have abrogated ? every subject in his severall place and degree hath right to his lands , to his goods , to his liberties and privileges : and so hath every clergie-man ; unlesse we of the clergie be no longer subjects , but slaves . would you have all these , or onely some of these abolished ? a question it was at first , but now i see , what they are . first , h episcopacy . 2ly , i the clergies priviledges , & immunities . 3ly , the k bishops ecclesiasticall , or sole jurisdiction in so large a circuit . 4ly , l the bishops great revenues . thus the rights of the clergie , are precisely inventoried , that so neither root nor branch may scape their fingers . episcopacy we have already taken into consideration ; now let us take a survey of the rest . 15. but first let us observe the course , you propose , to strip us of these rights . your method is subtil , and your expressions at first view seeme moderate : you put us in equall balance with the rest of our fellow-subjects . thus you argue ; m it is not unlawfull to abrogate any of the laws of the land : it is not therefore unlawfull to abrogate any of the rights of the clergie . thus far your argument seemes to proceed fairely . but how comes it to passe , that out of this any of the kingdome , you conclude against all the rights of the clergie ? for what have the clergie besides their orders , priviledges , and immunities ; besides their jurisdiction and revenues ? and yet all , all these you expose to the mercie of a parliament . but , in good sooth , do you think , that if it be lawfull for a parliament to alter or abolish any particular laws of the land , that therefore it is lawfull to take away all , that the clergie have , or should have ? indeed this is something answerable to the proceedings of these times . it would sound very harsh , if it were thus resolved ; it is lawfull for king and parliament to abrogate any of the laws of the land : it is therefore lawfull for them to abolish all the laws of the land. and yet this is your manner of arguing . as if a particular included the generall ; as if any were equivalent to all . which is apparently false ; for universals are of a far larger extent then these individua vaga , uncertain notions . though all comprehend any , yet any comprehends not all . for lawfull it is not to subvert the fundamentall laws ; therefore not all . this were to raze the foundation of the kingdome . were this justified of any particular corporation , or body politick , besides the clergie , it would not be indured . oh , how would the citizens of london storme , if we should conclude thus ; it is lawfull to take away any of the laws of the land ; and therefore it is lawfull to take away all the rights of the city of london . yet let wise men judge , if this be not your argument right . but the clergie is become the asse of the times ; it must bear all , or sink under the burden . 16. but you say , that this is to be done n by just power in a regular way . well and good . but can that be a just power , which deals unjustly ? for o justice gives to every man his own ; according to gods command , p render to every man his due . the law of god we confesse to be the supreme law ? whatever then is done against the law of god , cannot be just . yea though it be done by a law , no act can justifie it ; since a law contrary to gods word , is no sooner made , then void . i speak to christians . but with you r the law shall be valid , though injurious . to the injuriousnesse of this law i shall submit , because a subject ; but never acknowledge any validitie therein , because a christian . 17. by a just power , we see , this cannot be done ; how then shall it be done in a regular way ? a regular way , as you conceive you have set down ; wherein any law of the land may be abrogated . and that is , ſ upon the motion , or with the consent of the parliament . how comes this to passe ? because the parliament consists of the head , and the representative body of the whole kingdome . and who are these ? first t the king , who is the head . 2ly , the lords spirituall and temporall : and 3ly , the commons . but the parliament is maimed of late . u 1. the house of commons represents the greivances of the countrey . 2. the house of lords advise his majestie with their counsell , and propose for the common good , what they conceive meet . 3. x it is in the kings power to assent to these proposals , or to disassent , to make them statutes , or no statutes . and that the crown may receive no detriment , the king hath the judges of the land , his councell , and other officers of state present , to prevent such mischiefes . the lords take care of their lands and honors , that they be not damnified by any new law. the knights and burgesses by the severall counties and corporations , are intrusted with such things , as concern their generall or particular good . and all are to take care for the good of the church , the common mother of us al. in these things every man doth , or ought to provide , that all things be so done for the common good , that ( if it be possible ) nothing be done to the prejudice of any . 18. and reason for it : for as y by one spirit we are all baptised into one body spirituall , or mysticall , so by the goodnesse of god we all are under one king incorporated into one body politick . z but the body is not one member , but many . indeed a if it were all one member , where were the body ? and god hath so tempered this body together , that b every member hath need one of another ; and c those , which seem to be most feeble , are necessary . all this was done by the great wisedome of god , d that there might be no divisions , or distractions , in the body : but that the members should have the same care one for another . thus god hath knit us together with the bonds of a mitie and necessity , that we might love one another sincerely . but charity is so farre from doing wrong , that e she seeketh not her own . which is thus to be understood , according to s. austins expression , f quia communia propriis , non propria communibus anteponit : because charity prefers the common good before her own private interest , and not her own private interest before the common good . where this love is , ther 's the common-wealth . but what state is that kingdom in , where they that are intrusted by the publick , seeke their own , and indeavour with might and maine , to make that theirs , which is none of theirs ? where under pretence of the common good , they ingrosse all into their own clutches ? is not this the crying sinne , the grand monopolie of these times ? 19. the regular way to abrogate any of the rights of the clergie , or laity , is at their own motion , or consent , made and delivered by their representatives in parliament , or convocation . henry viii , with cromwell , and the rest of his blessed councel , after banishment of the popes power , knew not which way to make a title to monasteries with their lands and goods , but onely by grant and surrender of the abbots . with them therefore he labours by his great and active servant cromwell ; who prevailes with some by promises and large annuities ; with other by violence and the sword : as is manifested by master spelman , in the preface to his ever honoured fathers book de non temerandis ecclesiis . the statute therefore 31. hen. viii . c. 13. tells us , that these grants surrenders , &c. were made freely , voluntarily , and without compulsion , to the king , his heires and successors . what ever the truth be , this was the onely legall pretence they could devise . and this is the onely course you can take , to make a plea in law to the church-lands . you are faine therefore at last to perswade the clergies consent , p. 5. but of that in due place . 20. in the mean space thus much by the way . either we are subjects , or no subjects ; if we are subjects , then ought we to have the liberties and priviledges of subjects ; whereof this is one , that not so much as a subsidie , or a little ship-mony be taken from any one of us , without our assent yeelded either by ourselves , or by such as we put in trust . and this present parliament hath often protested before god and the world , that the rights and liberties of subjects they do and will defend with their lives and fortunes . why then are our rights and liberties so strook at , and exposed to contempt and sale ? are we no subjects ? surely we were borne so . how then did we forfeit g our birth-right ? by taking orders ? then is it better to be mr. gerees groom , then himself . and , it may be , this is the reason , why so many step up into the pulpit without orders , lest perchance they lose their birth-right . 21. it may be , you will say , that we were not born priests or clergie-men . you say right ; neither is any man born a lawyer , a goldsmith , or a draper . and yet when any of our brethren undertake these professions , they enjoy the rights and liberties , they were born to , with some additions . and why not we ? and yet we poore clergie-men are the onely free-born subjects , that are out-lawed , as it were , and cast forth as dung upon the face of the earth . surely it is better to be a parliamentarians foot-boy , then h a steward of the mysteries of christ . and yet such we are . little do these men consider , that all subjects are born alike capable of these rights , if so they be fit to take orders . the wrong therefore is done alike to all free-born subjects ; perchance to mr. speakers grandchild . since then i the kings oath ( as you confesse ) is against acting or suffering a tyrannous invasion on laws and rights ; it must necessarily follow , that as he may not act , so he may not suffer any such tyranny to be used . hitherto he hath withstood these temptations : and god , i hope , will ever deliver him from them , and from the hands of his enemies . even so amen , lord jesu . chap. xi . whether the clergie and laitie be two distinct bodies , or one body politick . that church-men in all ages had some singular priviledges allowed them . 1. that with some colour you may perswade the people , that it is lawfull not onely to clip the wings , but to pick the carkasse , and to grate the very bones of the clergie , you tell them , that k this oath was so framed , when the clergie of england was a distinct society or corporation from the people of england . when was this oath , i beseech you , framed ? you should have done well to have pointed out the time ; and not tell us , that l this distinction is a branch of popery . but this is the fashion of such , as you are , when you intend to disgrace , alter , or destroy any thing , that concerns the church , then presently 't is popery . thus you cast a mist before the peoples eyes , that loath popery ; and yet know not , what popery is . 2. but this his majesties oath is grounded upon the word of god , who hath made promise to his church , spread among the gentiles , that m kings shall be her nursing fathers , and queens her nursing mothers . when therefore christian kings are inthroned , they take a most solemn oath , not onely to administer true justice to the people , but that they will also maintain the rights and priviledges of the church and clergie , as by right they ought to do . the reason is , because there are so many envious & mischievous eyes upon the church : because n the edomites and ishmaelites , the moabites and hagarens , have cast their heads together with one consent , and conspired to take her houses and lands into possession . gods word prevails with few ; the kings sword therefore must stand between the church , and such sacrilegious spirits . 3. if they fail in this duty , then o will the lord enter into judgement with the ancients of the people , and the princes thereof . what , for this cause ? yes , for this very cause : p for ye have eaten up the vineyard ; the spoil of the poore is in your houses . is this any thing to the church ? yes marrie is it , the geneva note tels you so . q meaning ( saith the note ) that the rulers and governors had destroyed his church , and not preserved it according to their duty . those , who are guilty of this mischief , let them beware : his majesties comfort is , that he hath withstood these impious designes according to his duty . for r whosoever shall gather himself in thee , against thee , shall fall . ſ meaning the domesticall enemies of the church , as are the hypocrites . dear brother , take heed to your feet , and remember , that t it is a dreadfull thing to fall into the hands of the everliving god. but view we your reason . 4. u the clergie and laitie ( say you ) were distinct bodies ; but this distinction is taken away , and laity and clergie are now one body politick . one body politick ? are we so ? whence is it then , that the bishops are thrust out of the house of peers ; and that none of us may vote , or sit in the house of commons ? are we of the same body ; and yet have no priviledges with the body ? in at subjection , out at immunities ? in at taxes , out at privileges ? this is one of those even ordinances , which your blessed covenant hath hatched . of the same body we are , under the same power , subject to the same laws , and yet not capable of the same privileges . is this equalitie ? scoggins doal right , some all , and some never a whit . 5. neither do we say , that we are a severall or distinct body ; but we are a severall state , or corporation in the same body . one body , but severall members in and of the same body . in ecclesiasticall persons of this kingdom are commonly three qualities or conditions : one is naturall , the other two are accidentall . 1. englishmen and denisons of this kingdom we are by birth : 2. vniversitie men by matriculation and education : and 3. clergie men by ordination . by the first we have an interest in the privileges of the kingdom . by the second we have an interest in the immunities of the universitie . by the third we have an interest in the rights of the church . the later privileges do not annihilate that right or claim , which we have by birth . neither cease we to be the kings subjects , because clergie men . in taking orders we put not off allegeance ; we rather confirm and inlarge it . for x a shame it is for us to teach others , what we do not our selves . and our duty it is , to y put every man in minde to be subject to principalities and powers , and to obey magistrates . 6. that there are severall relations in us of the clergie , and that we have severall privileges by these relations , will appear evidently in s. paul , who was z an israelite by blood , a a roman by freedom , but b an apostle by ordination . by his orders he lost none of his former privileges , but c acquired new , whereto he had no right as israelite , or romane . yet , as occasion serves , he stands upon his privileges as a romane ; and both d the centurion and the commander in chief were afraid to offend against that law , or privilege . but we with bl●shlesse foreheads trample upon gods laws , and the privileges of his nearest servants . but though s. paul stand upon his privileges , and e magnifie his office , yet f he acknowledgeth himself to be cesars subject , and that at his tribunall he ought to be judged . 7. our saviour himself had severall relations : g he was the son of david , and the lord of david ; the son of david , according to his humanitie ; but the lord of david , in his deitie . as lord of all , he receives tithes and sacrifices ; h as a subject he payes tribute to cesar : and when an arraigned person , i he acknowledgeth judge pilate to have power against him . besides this , he is a king , a priest , and a prophet : a king , to command ; a priest , to offer sacrifice ; and a prophet , to foretell , what he sees meet . nay there is hardly a citizen of london , but hath a treble relation to severall privileges : 1. to the generall rights as he is a free denison of this nation ; 2. to others , as he is citizen of london ; and to a third sort , as he is free of this or that company . and shall the meanest freeman enjoy his severall rights , when the ministers and stewards of god are cut out of all . are we dealt with as the dispensers of gods high and saving mysteries ? nay , are we so well dealt with as the lowest members of this nation ? is not this the way to lead in jeroboams priests ; to fill the pulpits with the scum of the people , and to bring the priesthood into utter contempt ? o all ye , that passe by the way , behold , and consider , if ever the like shame befell any nationall church , that is threatened to ours , at this day . but k thus it comes to passe , when there is no king in the israel of god. 8. if this distinction between clergie and laity be a branch of popery , how comes it to passe , that those great reformers , and zealous enemies to popery , suffered the clergie to continue a distinct province of themselves ; and that they did not with popery quite extinguish this distinction ? why doth q. elizabeth call them l a great state of this kingdome , if they be no state at all ? why did king edward vi. that vertuous lady queene elizabeth , and wise king iames , summon the bishops to convene in convocation as a distinct society ; and to vote in the house of peers as lords spirituall ; plainly by title distinguished from the lords temporall ? m vndoubtedly ( say you ) all priviledges of the clergie , that are ( or were ) contrariant to the laws of the land , were abolisht in the reign of henry the eight . they were so . it follows therefore undoubtedly , that these priviledges , which were continued through so many princes raigns that were enemies to popery , were neither popish nor contrariant to the laws of the land. and yet some of those times were not over favourable to the clergie . 9. that we are a distinct society , or corporation from the people is evident ; by the coronation oath , by magna charta , by severall acts of parliament , and by scripture itself . the coronation oath observes the distinction of clergie and people ; and assures us , that they shall be distinctly preserved . magna charta does the like : and the acts of parliament distinguish the kings subjects into clergie and laity , allotting to each their severall priviledges ; allowing the people to take many courses , which the clergie may not . this distinction is approved by scripture , where n the lord takes the levites from among the children of israel . s. paul assures us , that o every high preist is taken from among men. and the scholiast tels us ▪ that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is there taken for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as if the apostle had said , he is set apart from men , from the common people . this exemption or distinction , which you are pleased to call q a branch of popery , or r of antichristian usurpation , is here justified by gods owne word . and josephus that was well skilled in moses writings , and judaicall antiquities , testifies , that ſ moses did seperate the tribe of levi from the communitie of the people . he might have said , that god himself did it ; for the text saith plainly , that t the lord seperated the tribe of levi to beare the arke of the covenant , to stand before the lord , to administer unto him , and to blesse in his name . from that time forward u they were not numbred amongst the rest of the people ; x the lords they were : and y the rest of the tribes were strangers to their office . z the very light of nature taught the heathen to distinguish between preist and people ; and to allow them distinct priviledges . and the light of scripture taught christians to do the like : hence is it , that not onely in the canons of the church , but also in the imperiall constitutions this distinction between the clergie and laity is most frequent and familiar . otherwise what strange confusion must necessarily have overspread the face of the church , if this distinction had not been religiously preserved ? what diverse would not see , these times have enforced us to feele . 10. and yet for all this , we say not , that a we are exempt from secular power ; neither set we up two supremacies . this will prove to be your popish or anarchicall doctrine ; yours , i say , that would so fain cast this aspersion upon us . for do not you tell us , that b ther 's a supremacie in the king , and a supremacie in the parliament ? are not here two supremacies set up by you ; that so you may make the parliament law-lesse , and subject to no power ? we detest and have abjured the popes supremacie ; and not onely that , but all other supremacies , besides the kings , within these his majesties dominions and countries . for we have sworne , that king charles is the onely supreme governor of all his realms , over all persons in all causes . but you induce the peoples supremacie . wheras we know no coordination but a subordination of all persons severally and jointly to his majestie , and to his majestie onely , within all his dominions . 11. we protest before god and the world , sincerely and from the heart , that the king is major singulis , & major universis , greater then any , and greater then all the members of his dominions , whether in , or out of parliament : and that he is c homo a deo secundus , & solo deo minor , second to god , and lesse then god onely . to this our best lawyers bear testimonie , even that d the king is superior to all , and inferior to none . and our e acts of parliament say the same . thus much in substance we have sworne ; and we unfainedly beleeve , that all the world cannot absolve us of this oath . as therefore we hitherto have done , so shall we still , by gods grace , bear faith , and true allegiance to his majestie , his heirs and successors , though it be to the hazard of our liberty , of our estates , and lives . yea we acknowledge our selves obliged to the laws of the land in all those things , which concern the right and peaceable administration of the state. to the king we pay first fruits and tenths : which lay impropriators are seldome charged with . to the king we grant and pay subsidies after an higher rate , then any of the laity , by many degrees . where then are the two supremacies , which we erect ? 12. 't is true indeed , that f for deciding of controversies , and for distribution of justice within this realm , there be two distinct jurisdictions , the one ecclesiasticall , limited to certain spirituall and particular cases . the court , wherin these causes are handled , is called forum ecclesiasticum , the ecclesiasticall court. the other is secular and generall ; for that it is guided by the common and generall law of the realme . now this is a maxime , affirmed by the master of the law , that g the law doth appoint every thing to be done by those , unto whose office it properly appertaineth . but h unto the ecclesiasticall court diverse causes are committed jure apostolico , by the apostolicall law. such are those , that are commended by s. paul to timothy the bishop of the ephesians , and to titus the bishop of the cretians . first , to i receive an accusation against a presbyter , and the manner how . 2ly , to k rebuke him , if occasion require . 3ly . l if any presbyter preach unsound doctrine , the bishop is to withdraw himself from him , m that is to excommunicate him . 4ly , n in the same manner he is to use blasphemers , disobedient and unholy persons , false accusers , trucebreakers , traitors , and the like . 5ly , o the bishop is to reject , p that is , to excommunicate , all hereticks after the first and second admonition . 13. q these things the ordinary ( or bishop ) ought to do de droit , of right ( as sir edward coke speaks ) that is to say , he ought to do it by the ecclesiasticall law in the right of his office . these censures belong not to secular courts ; they are derived from our saviours preistly power , aud may not be denounced by any , that is not a preist at least . and , r a maxime it is of the common law , ( saith that famous lawyer ) that where the right is spirituall , and the remedy therefore onely by the ecclesiasticall law , the c●nusans thereof doth appertain to the ecclesiasticall court. but ſ a bihop is regularly the kings immediate officer to the kings court of justice in causes ecclesiasticall . therefore not a company of presbyters : no rule for that . and this is it that wrings and vexes you so sorely . for your a me is t to share the bishops lands and jurisdiction among you of the presbyteriall faction . this your vast covetousnesse & ambition have of late cost the church full deere , and have been a maine cause of these divisions and combustions . by these means you have made a forcible entrie upon nabaoths vineyard . it were well ahab and jezabel would beware in time . however , wise men consider , that every one , that steps up to the bar is not fit to be a judge ; nor every one , that layes about him in the pulpit , meet to be a bishop . 14. besides , in those epistles this power is committed to single governors , to timothy alone , and to titus alone . but timothy and titus were bishops strictly and properly so called ; that is , they were of an higher order then presbyters , even of the same with the apostles . hence is that of s. cyprian , u ecclesia super episcopos constituitur , & omnis actus ecclesiae per eosdem praepositos gubernatur . the church is settled upon bishops , and every act of the church is ruled by the same governors . by bishops , not by presbyters . now the word of god is , norma sui , & obliqui , the rule , whereby we must be regulated : from which if we depart , we fall foule , or runne awry . since then the church is settled upon bishops , it is not safe for any king or state to displace them , lest they unsettle themselves and their posterity . they that have endeavoured to set the church upon presbyters , x have incurred such dangers , as they wot not of . for if we beleive s. cyprian , 1 they offend god , 2 they are unmindfull of the gospel ; 3 they affront the perpetuall practise of the church ; 4 they neglect the judgment to come ; and 5 endanger the souls of their brethren , whom christ dyed for . neither is this the opinion of s. cyprian onely ; ignatius speaks as much ; y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as many as are christs , cleave fast to the bishop . but these that forsake him , and hold communion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , with the accursed , shall be cut off with them . this is ignatius genuine resolution , attested by vedel●us from geneva : and if true ; a most dreadfull sentence for those , that endeavour the extirpation of episcopacy . 15. as for the priviledges of the clergie , which you are so earnest to ruinate , i shall manifest , that they have footing in the law of nature , in the law of moses , and in the gospel . in the law of nature . z abraham give tithes to the preist of the most high god , a the preists in egypt had lands belonging to them , as also portions of the kings free bountie . and the same law of nature taught pharoah and joseph b not to alienate either the preists lands , or other their maintenance in time of extremest famine . by the light of nature c a●taxerxes king of perfia decreed , that it should not be lawfull for any man to lay toll , tribute , or custome upon any preist , levite , singer , porter , or other minister of the house of god. and d king alexander sonne of antiochus epiphanes made jonathan the high preist a duke , and governor of a province . e he commanded him also to be clothed in purple ; and f caused him to sit by , or with , his own royall person . g he sent also to the same high preist a buckle or collar of gold , to weare ; even such as were in use with the princes of the blood . and h by proclamation he commanded that no man should molest the high preist , or prefer complaint against him . and can it be denied , that i melchisedec , preist of the most high god , was king of salem , and made so by god himself ? 16. in the law , k the lord made aaron more honourable , and gave him an heritage . he divided unto him the first fruits of the increase ; and to him especially he appointed bread in abundance . l for him he ordained glorious and beautifull garments . m he beautified aaron with comely ornaments , and clothed him with a robe of glory . n upon his head he set a miter , and o a crown of pure gold upon the miter , wherein was ingraved holinesse ; and this , if i mistake not , is p that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which philo tels us , was set upon the preists head , and is the cheife ornament of the eastern kings . the reason , he gives for it , is this ; because q while the preist is discharging his dutie he is more eminent then any person whatsoever , even then kings . but i rather conceive , it was because at that time he represented , or prefigured the royall preisthood of our saviour . 17. for the gospel , we have prophecies , in what state and honor preists ought to be had among christians . witnesse that evangelicall prophet , whose words are these , r ye shall be named the preists of the lord ( as they are at this day ) : men shall call you the ministers of our god. ye shall eat the riches of the gentiles , and ye shall be exalted with their glory . this is one ▪ the other shall be from that royall psalmist ; t in stead of thy fathers thou shalt have children , whom thou mayest make princes in all lands . do not you go about to make the word of god a lye , while you endeavour to dis-inherit the clergie of these privileges and honors ? but u god shall be true , he shall be justified in his sayings ; and every man shall be a liar . behold , how these prophecies were fulfilled under the gospēl . when our saviour sent forth his apostles and disciples to preach the gospel , and to dispense his heavenly mysteries , he daines them with this honour , to rank them for usage with himself ; x he that despiseth you , despiseth me ; and he that receiveth you , receiveth me . to intimate to all christians , that they ought to use his messengers , as they would christ in his own person . for whether well , or ill , he will take it as done to himself . hence is it , that y the galathians received s. paul as an angel of god , even as christ jesus . yea z they were ready to pull out their own eyes , to do him a pleasure . and a when this apostle came to melita , he , and those that attended him , were courteously entertained , honoured they were with many honors , and enriched with gifts , by the prince of that island , and his people . 18. some , it may be , may conceive , that these were but personall honors ; and that they belong to them onely , whom christ immediately ordained . but the scripture will teach us a better lesson . for doth not our saviour say , b he that receiveth whomsoever i send , receiveth me ? now we know , that our saviour sendeth not onely by himself , but by those also , to whom he hath given power to send , and ordain . thus by s. paul he sent timothy and titus : and we find c s. barnabas with s. paul ordaining presbyters in all churches , where they came . this therefore is a generall rule ; d those governors , who labour in the word and doctrine ( whether they be ordained by christ , or his apostles , or any other , to whom this authoritie is duely given ) are worthy of double honor ; that is ( saith primasius ) e both in love , and place . thus f titus by the corinthians was received with fear and trembling , and memorable obedience . g they honoured him ( as theodoret speaks ) as their father , and reverenced him as their spirituall governor . these honors are due , not so much in respect of personall worth , as in regard of the office , which they bear . this appears by s. paul ; who willeth the philippins not onely to h receive epaphroditus , their apostle , or bishop , with all gladnesse ; but , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he chargeth them to hold such , as he was , in honour and reputation . all must be thus honoured ; but those most , that are most worthy . 19. constantine , the first emperor that ever was christen'd , had learned this lesson ; i he therefore did reverence the bishops , ad imaginem quandam divinae praesentiae , as if he had some resemblance of god before his eyes . k he kissed those bishops skars , that had suffered for christs most holy name . l he entertained divers of them at his own table : and m at their departure he bestowed upon them many & goodly gifts . n upon bishops he conferr'd very many privileges , and the highest honors he had to bestowe . he ordained , that o those canons , which were agreed upon by the bishops , and had received his royall approbation , should be of more sacred authority , then any law or sentence , that should passe from his highest judges : and that none of his princes should dare to infringe them . to conclude , p he commanded the governors of his severall provinces to give reverence and honour to bishops ; threatning no lesse then death to such as should revile or abuse them . what reverence and esteem bishops were of with his severall sons , though differing in religion , the church history manifests : for these and all other privileges were inviolably preserved to the church , till that apostata julian ware the crown . but those pious and orthodox emperors , that succeeded him , raised up the church , and made good her former privileges . 20. the reason why good princes were so carefull of the church and churchmen , was q because they were confident , with great constantine , that god gave a blessing to their affairs , for the bishops sakes . and those two wise emperors leo and constantine professe with justinian , that r the peace and felicitie of their people , as well for body as soul , depend upon the harmonious consent of the imperiall and episcopall functions . mark that . in scripture ſ the prophets and servants of god are called the charet of israel , and the horsemen thereof ; because t by their prayers they did more prosper their countrey , then by force of arms . yea u by them god blessed his people . these were the church-priviledges ; and these the opinions the most christian princes had of church-men . and you cannot say , that any of these emperors had any dependance upon the pope , or any compliance with him . but we are fallen into those times , wherein it is accounted losse , to bestowe cost upon christ ; pietie , to rifle the church ; and good service to god , to murder his apostles and priests . indeed , what ever is good and commendable , is now with the round brotherhood cried out upon as popish . by this time , i hope , it appears , that x these immunities , which belong to the church , arise not from the errour of the times , as you suppose , but from the tenure of scripture . that 's the tenure , we hold by . chap. xii . whether to sit and vote in parliament be incongruous to the calling of bishops . 1. something an hard theme to treat upon , and unpleasing to the times . and yet i must say something to it , lest i seem to desert the cause , to blame our predecessors of indiscretion , and to acknowledge that weaknesse in our bishops , which the wisest of this kingdom know to be far from them . what ? not contented to strip us of our rights , lands , and priviledges , but you must twit us with the losse of y the bishops votes , as if they were neither fit to sit or vote , in the house of peers ? that this hath been done cannot be denied ; but how justly i shall not question for the honour i bear to my soveraign . yet thus much is evident to every single eye , that we have had many even and conscionable parliaments , wherein bishops have voted : what kinde of parliament we have had without them , some will make bold to speak hereafter . but a word in private . were they not thrust out , lest the king should have too many faithfull counsellors in the house ? were they not removed , to make way for these civill broils ? the incendiaries knew full well , that those messengers and makers of peace would never have passed a vote for war. 2. but what were the motives , that wrought upon his majestie , to yeeld to have the bishops turned out of that house , z wherein they had voted from the first day , that ever parliament sate in england ? and before ever there was an house of commons , they had their votes in the great councels of the kingdom ; as sir robert cotton manifests in his treatise , that the soveraigns person is required in the great councels of the state. p. 3. &c. if at any time they have been forced out of these parliaments , or great assemblies , it hath been with so ill successe , that with all possible speed they have been recalled . will you hear the motives ? surely they were the very same , that drove the king from westminster , and london . i remember , the clothiers were perswaded in a mutinous manner to cry down the bishops votes , because they had no market for their clothes . and now they cry out , that they want wooll to make clothes . is not this the blessing they have gained by that hideous and senselesse out-cry ? 3. but why was this privilege abolisht , as incongruous to their calling ? are bishops unfit to advise , or assent in framing laws ? surely they are rationall men , and learned men . by reason of their age , and offices , which they have heretofore passed thorow , they must needs be men of much experience . and it is to be presumed so many , for so many , as conscionable , and as much for the common good , as any . and such men are most fit to prepare , and commend laws for and to kings . for i have learned , that a this is a strong argument in law , b nihil , quod est contra rationem , est licitum , nothing contrary to reason , is lawfull . for reason is the life of the law ; nay the common law it self is nothing else but reason . which is to be understood of an artificiall perfection of reason , gotten by 1 long studie , 2 observation , and 3 experience , and not every mans naturall reason : for , nemo nascitur artifex , no man is born master of his profession . against reason therefore it is , that men of long study , much observation , and experience , should be excluded from voting in matters of such high concernment . and some men , that have scarce any of these , should be admitted , as if they were born wise , or gained state-experience by hawking , or hunting . 't is true , that c senatore sons might be admitted to the government of the common-wealth , before they were five and twenty yeers of age : but d before they were twenty and five yeers compleat , they could give no suffrage among the rest of the senators , though senators . this was the wisdom of that thriving roman state. 4. now give me leave to enquire more strictly , what it is , that is incongruous to the calling of bishops . is it to sit in the house of peers ? or to vate in the house of peers ? or both ? that the lords spirituall have sate and voted with the lords temporall , cannot be denied . the acts of parliament speak it , from the first session to this last . let it not be thought incongruous for bishops to sit with the best of subjects . e they sate at constantines own table . nor to be numbred among peers . f the prophecie saith , that they may be made princes . nor to vote in matters of state : since usually they are men of great learning , of much experience , observation , and conscience . such as fear god , honour their soveraign , and love their countrey with-out by ends . such they are , and such they ought to be . and though sometimes there be a judas among the twelve , yet is the calling never the worse . 5. had it been incongruous to their calling , melchisedech that was both king and priest had never been a type of our saviour . the law of god and nature abhor that , which is incongruous . had it been incongruous to the priesthood , god had never made moses and eli governors of his people , in temporall affairs ; for g they were both priests . h jethro , priest of midian , was of excellent use to moses in state affairs . and it may not be forgotten , that i king jehoash thrived , as long as he hearkned to jehoiada the high priest . but when he sleighted the priests counsell , he suddenly fell into the extremest miseries . 2 chron. 24. 21. 23. &c. our histories will likewise tell you , how k. henry vii . prosper'd by applying himself to the advice of his bishops , morton , denny , fox , and others . and how his son k. henry viii . never thrived , after he turned his ears from the counsell of his prelates . and yet he excluded them not from parliaments ; he could not be drawn to that . sure , had this been incongruous to their calling , your fellow ministers of london would never have granted , that two distinct offices may be formally in one and the same person ; as melchizedech was formally a king and priest . i. d. p. 212. 6. a wonder it is , that you & your faction should spie thi● incongruitie , which was never discerned by the wisest of our fore-fathers . the writ , which summons the parliament , runs thus , k rex habiturus colloquium & tractatum cum praelatis , magnatibus , & proceribus . the king intending a conference and treatie with his prelates , and great men , and peers . this writ , as some report , was framed under k. henry iii. and is continued in the same terms to this day . and yet no incongruitie discerned in it , till ye came in with your new lights , which issue from your light brains . but now the bishops must no more vote , no , not sit in parliament ; because you , forsooth , conceive it to be incongruous to their calling . but will any wise man take your word for a law , or imagine it to be more authentick , then the resolutions of all our fore-fathers ? you have no way to finger the bishops lands and jurisdiction , but by turning them out of the house . this , this was it , that moved you to charge their presence in parliament with incongruity . 7. the lawyers tell us , that l the writ of summons is the basis and foundation of the parliament . and m if the foundation be destroyed , what becomes of the parliament ? truly it falls ; saith justice jenkins ; according to that n maxime both in law and reason , sublato fundamento opus cadit , the foundation being taken away , the work falls . if then it shall be proved , that you endeavour to ruine the foundation , the writ of summons , it must necessarily follow , that you endeavour the ruine of the parliament . by the writ the king is to have treatie with his prelates . but you suffer him to have no treaty with his prelates . where then is the writ ? nay , the bishops are quite voted down root and branch . how then shall he treat in parliament with those , that have no being ? the lord commands o the ark to be made of shittim-wood : if there had been no shittim wood , the ark could not haue been made . if there be no prelates , where 's the treatie ? where the parliament ? it will not serve to slip in the presbyters ; they are not the men , they are not called for . p these are episcopall privileges : q all other ecclesiasticall persons are to be contented with those liberties and free customes , quas priùs habuerunt , which they enjoyed heretofore . 8. the writ summoned this parliament , for the defence of the church of england . herein you have also made the writ void ; for you have destroyed the church of england . and in destroying the church , you have destroyed the writ . the commission is for defence ; they then that destroy , what they are bound to defend , overthrow their commission . r our saviour sent his apostles to preach peace ; ſ to blesse , and not to curse ; t to please god , and not man. if then we preach warre , and not peace ; if we curse , when we ought to blesse , if we please men , and not god , we forfeit our commission . s. paul is plain ; u if we please men , we are none of christs servants ; much lesse apostles . for x his servants we are , whom we obey , whom we please . if then we prove y faithlesse and unprofitable servants , we shall be turned out of our masters house , even out of doores , and cast into outer darknesse . upon these grounds i argue thus . he that overthrows the prime intention of the writ , overthrows the writ . but you have overthrown the prime intention of the writ . therefore you have overthrown the writ . that you have overthrown the prime intention of the writ , i prove thus . the prime intention of the writ is for the state , and defence of the church of england . but you have z overthrown the state and defence of the church of england . you have therefore overthrown the prime intention of the writ . the second proposition cannot be denied , it is so palpably true . the former is sir edw : cokes ; his words are these . a the state and defence of the church of england is first in intention of the writ . and b if the writ be made void , all the processe is void ; and so farewell parliament . 9. besides , i have learned , that c the assembly of parliament is for three purposes . first , for weighty affairs , that concern the king. secondly , for the defence of his kingdome . and thirdly , for defence of the church of england for the king , no question , but the bishops are faithfull to him . we see , they have constantly adhered to him in these times of triall . in gods and the kings cause they have all suffered , and some died commendably , if not gloriously . for the defence of the kingdome none more forward with their advice , purses , and prayers . and for the church , who so fit , who so able to speake as bishops ? versed they are in the divine law ; in church history , and in the canons of the church . they fully understand not onely the present , but the ancient state of the church . they know , what is of the essence of the church ; what necessary , and what convenient onely ; what is liable to alteration , and what not . these things are within the verge of their profession , and most proper for them to speak to . 10. when king david first resolved to bring up the arke of the lord from kiriath-jearim , into his own citie , d he consulted with the captains of thousands , & hundreds , & cum universis principibus , and with all his princes , about this businesse , e by their advice he orders , that the arke should be carried in a new cart ; and vzzah and ahio are to drive it . but what becomes of this consultation ? f an error was committed clean thorough , and vzzah suffers for it . though david were a marvelous holy man , and a good king , and had a company of wise , religious councellors about him , in the removall , and ordering of the arke , they were mistaken , because they did not advise with the preists about it . for g the preists lips preserve knowledge ▪ & they shall inquire of the law at his mouth . and h the law will not have a cart to carrie the arke , nor lay-men to meddle with it . david saw his mistake with sorrow ; and confesseth to the preists , that i he and his councellors had not sought god after the due order . and why so ? k quia non eratis praesentes ( so the fathers read ) because the preists were not present , & he had not consulted with them about this sacred businesse . and hence it is , that l they did illicitum quid , somthing that was unlawfull . that then a thing be not unlawfull , we must consider , not onely what is to be done ; but the order and manner is to be considered , how it ought to be done ; least failing of the due order , it prove unlawfull . most christians know bonum , what is good ; but few are skilled in the bene , how it ought to be done ; and that is it , that makes so many ruptures , so many breaches , and factions in the world , because every man will prescribe the order , and manner ; which , god knows , they ttle understand . 11. when therfore david had once more resolved to fetch up the arke from the house of obed edom , he calls for the preists , and acknowledgeth , that m none ought to carrie the arke of god , but they ; and that n therefore the lord had made a breach upon him and his , because the preists had not brought it up at first . that this fault may be duly and truely mended , o david commands the preists to sanctifie themselves , and to bring up the arke . they did so , p they brought it up upon their shoulders , q according to their dutie . and r god helped the levites , that bare the arke ; because it was now done in due order . it is no shame then for us , to acknowledge our error with david , and with him to amend , what is amisse . yea this was such a warning to him , that ſ he would not so much as resolve to build an house for the lord , till he had acquainted the prophet nathan with it . in matters therefore , that concern the arke of the covenant , the church of the living god , it is not safe to do any thing without the preists advice . if then the cheif and maine end of calling a parliament be for the good of the church , it is most necessary to have the cheif fathers of the preists present . but sir edward coke assures me , that this is the main end of calling a parliament . his words are these ; t though the state and defence of the church of england be last named in the writ , yet is it first in intention . and what is first in intention is chiefly aimed at , all other things that are handled , are but as means to effect that . it is not then incongruous , but most consonant to the calling of bishops to sit and vote in parliament . 12. besides , u if the honour of god , and of holy church be first in intention , how shall the honour of god , and of the church be provided for , how defended , when the fathers of the church are discarded , who know best , what belongs to gods honour ; who are most able to speake in defence of the church , & to shew how she ought to be provided for ? shall she not in their absence be layed open to the subtill foxes , and mercilesse bores to wast and distroy her ? yea x by this means she is already distroyed . so pious justice jenkins . the incongruitie then is not to the bishops calling , but to the covetousnesse of bores and foxes . 13. another incongruity will follow upon this . y the whole parliament is one corporate body consisting of the head and the three estates . if one of the estates be wanting , it cannot be called a whole , but an imperfect , a maimed parliament . but z the bishops are one of the three estates . suppose them to be the more feeble and lesse honourable estate , or member , yet a this very member is necessary ; and the body is but lame without it . take heed then , that the excluding of bishops , be not incongruous to the parliament . i see not , how it can be incongruous to the prelates to suffer wrong , since b for this purpose they are called . but it is incongruous to the parliament , to be without them ; since without them , it is not a whole , but an imperfect parliament . for i have read , that c bishops were in all parliaments , and voted in them , since we had any . yea , that great master of the law justifies , that d every bishop ought ex debito justiciae of due justice to be summoned by writ , to every parliament , that is holden . but if they leave out the bishops , they begin with injustice , and lay but an ill foundation for so great a court of justice . and where injustice beares the sway , there is little justice to be hoped for . so they are incongruous in the first stone , or foundation of a parliament . 14. there is a statute , that no act of parliament be passed by any soveraign of this realm , or any other authority what soever , without the advice & assent of the three estates of the kingdome , viz. of the 1 lords spirituall , & 2 temporall , & the 3 commons of this realme . and all those are solemnly cursed , by the whole parliament , that shall at any time endeavour to alter this act , or to make any statute otherwise then by the consent of all these , or the major part of them . this , as the learned in the law report , is upon record in the parliament roles . 15. and what comfort , i beseech you , can his majestie have to call a parliament without bishops , since he cannot assure himself of gods assistance without them ? f cenwalch king of the west-saxons was sensible , that his province was destitute of gods protection , while it was without a bishop . indeed g a good bishop is ( with gregory , metropolitan of cesarea ) not onely the beautie of the church , and a fortresse to his flock , but he is the safety of his country . it was the religious conceit of our country men heretofore , that h both king and kingdome have by the church a solid , ● sure foundation for their subsistence . and it was the usuall saying of king iames , i no bishop , no king. in scripture the preists are called k the charets and horsemen of israel ; because by their prayers the country prospered more then by force of armes . and the greek fathers observe , that l the bishop is therefore to pray for all , m because he is the common father of all , be they good or bad . 16. and as he can have little spirituall comfort without bishops ; so n without them he can have no temporall releife , no subsidies granted for his own supplies , or for the defence of the kingdome . i am sure , none have been granted him at westminster , since the expulsion of the bishops . thus have you moulded up such a parliament , as was never known in this realme , since these great councels of state were first assembled . for though the bishops were by his majestie summoned according to justice ; yet were they afterwards turned out at the instigation of a strong & tumultuous faction ; & not suffered to vote in matters that concerned either church or state. thus ye are become o like the princes of judah , that remove the bounds ; that is as the genevians interpret , p ye have turned upside down all politicall order , and all manner of religion . q therefore upon those , that have done so , the lord will powre out his wrath like water ; which will surely overwhelm them , as it did those desperate sinners in the deluge . thus i have manifested , that it is not incongruous to the calling of bishops to sit , and vote in parliament ; but to exclude them is incongruous to the being of a parliament , to the weale of the king , and safety of the kingdom . 17. and yet , as if what-you had delivered , were ex tripode , as sure as gospel , r from barring their votes , you deduce an argument for taking away their jurisdiction ecclesiasticall . if one be abolished , why may not the other be removed ? as if , because my cassocke is taken from me , i must necessarily be stripped out of my gowne 't is true , if this be also done , i must bear it patiently ; but my patience doth not justifie their action , that do me the injurie . neither doth the former fact justifie the latter : truly no more then davids follie with bathsheba can countenance the murder of vriah . the question is not de fact● , but de jure , not what is done , but whether it be justly done . if the fact may justifie a right , then may we maintaine robbing upon salisbury plain ; because it hath been done there more then once . a wonder it is , you had not framed your argument thus : who knows not , that the parliament caused the arch bishop of canterbury to be beheaded ? and then why may they not hang the rest of the bishops , if their lives prove inconvenient , and prejudiciall to the church ? but with julian the apostata , ye had rather slay the preisthood , then the preists . 17. indeed ſ the removall of their ecclesiasticall jurisdiction is no more against the oath then the abolition of their votes . both alike in respect of the oath ; but if we consider the severall authorities , from whence they are derived , we shall find a difference ; because the most part of their jurisdiction is the grant of god ; but their voting among the peers is by the favour of princes , grounded upon the right of nature , and that civill interest , which every free denizon ought to have in some measure , in disposing of his own , and assenting to new laws . but suppose princes may revoke their own favours , can they without perill to their soules , cut off that entaile , which god hath settled upon his church ? i beleeve , no. but you will onely remove it , not abolish it . and removed it may be from dorchester to lincolne , from crediton to exiter . but the removall of ecclesiasticall jurisdiction from bishops to presbyters , is utterly unlawfull ; since without sinne we may not alter the ordinance of god , who settled this jurisdiction upon bishops onely , and not upon presbyters ; as is demonstrated in the next chapter . chap. xiii . certaine light and scandalous passages concerning prince and preist tenderly touched . 1. there 's a great cry in the fourth page against the jurisdiction of bishops , ● inconvenient and prejudiciall to the church ; against unlawfull immunities , anti-evangelicall pompe , combersome greatnesse , and forfeiture by abuse . all these are cryed out upon , but none of them proved . i shall therefore passe these by as a distempered foame , or pulpit froath . yet thus much i must say , that the immunities of the clergie , are held by law , or not . if by law , then are they not unlawfull , but legall . if legall , it is presumption in you to call them unlawfull . if unlawfull , shew against what law. we take not your word to be so authenticke , as if we were bound to beleeve , what ever you say . 2. somthing answerable to this it is , that you tel us , t when this oath was framed , the church was indued with the ignorance of the times . but when was that time ? for that we may go seek ; for you relate it not . if you had , perchance we might have shewed you as wise , and as learned men in those times , as westminster affords at this day . 3. and yet upon these imaginations you conclude , that u the kings oath is invalid , and not onely so , but that it is vinculum iniquitatis , the bond of iniquitie . the respects , you relie upon , are onely these . first , that x prelacy is an usurpation contrary to christs institution . 2ly , that y the clergie ●e of themselves a distinct province , is a branch of popery . 3ly , that z bishops sitting and voting in the house of peers , is abolisht as incongruous to their calling . 4ly , that a the church was endowed with diverse unlawful immunities . and last of all , that b when this oath was framed , the church was indewed with the ignorance of the times . the foure former have been pretily well sif●ed , and a non liquet is returned , i find them not proved . when you make good the last , i shall , with gods blessing , return you an answer . 4. in the mean space i cannot but tell you , that you have willfully & dangerously scandalized diverse princes or blessed memorie ; and charged them almost as deeply , as c s. peter did simon magus , with the bond of iniquitie . a binding , in intangling sinne . surely those princes if you may be credited , tooke this coronation oath either ignorantly , o● maliciously . if ignorantly , they are simple , or carelesse : if maliciously , they were neither good kings , nor good christians . but light forsooth , hath shined forth since those mistie daies . i fear this late light , is but a false light : for it was never spyed by any , that were not condemned hereticks , till now of late . 5. well , thinke men , what they please , you have lately discovered , that the jurisdiction , which was inconvenient and prejudiciall in the bishops , will prove very convenient and commodious for the church in preaching presbyters . those immunities , that were unlawfull in them , will be lawfull in you . that pompe , which was anti-evangelicall , and carnall in them , must needs be spirituall and throughly sanctified to such evangelists as yourself . that combersome greatnesse will but fit your shoulders ; and those great promotions , will not at all be unwildy to presbyteriall saul , which did comber bishop david . and d those priviledges , which were disadvantagious to the church , and hindred the growth of religion , while they were in episcopall hands ▪ will in a classicall assembly turn to the advantage of the church , and further her edification . if this be not your meaning , let the world judge . for these are your words ; e and why may not the great revenues of the bishops , with their sole ▪ jurisdiction in so large a circuit , be indicted and convict to be against the edification of the church ; and it be found more for the glory of god ; that both the revenue be divided , to maintain a preaching ministery , and their jurisdiction also , for the better oversight and censure of manners . you have indicted them indeed , and their revenues , as if under the bishops there were no preaching ministery , no censure of manners ; as if under them there were nothing to the edification of the church or the glory of god. wheras it is well known , that whilest the bishops enjoyed their jurisdiction , other manner of sermons were preached , then have been ever since . 6. you have already vaunted , that the bishops revenues and jurisdiction are against the edification of the church ; and i make no question , but you will justifie , that the abolishing of the three creeds , is much to the edification of gods people . and is not the silencing of the ten commandments , for the better oversight and censure of manners ? thus you have also condemned that most excellent forme of divine service , and vented multitudes of heresies ; and all for the glory of god. but when these things come to try all we shall certainly see , who will be convicted by that grand jury , f that shall sit upon twelve thrones , judging the twelve tribes of israel . not onely of israel according to the flesh , but of israel also according to faith . 7. but why are you so suddenly fallen from an abolition , to an alteration ? before you professe , g that the abolition of the one , is no more against the oath , then of the other . there you would have the bishops jurisdiction abolisht with their votes . but here you will have the jurisdiction divided , their domination altered , and all to maintain a preaching ministery . this you call h the removall of their ecclesiasticall jurisdiction ; in the same page . aaron must lay down his miter and holy garments , that korah may put them on . and s. paul must resigne his apostolicall rod to simon magus , to alexander the copper-smith , and to the brethren in q●irpo . and why so ? alas , the apostle-bishops i do not further , but hinder the work of the gospel ; they are superannited and decrepit ; away with them by all means , and bring in the young , lustie presbyter-bishops , k where strong holds are to be vanquisht . these are the men will do the work , or the pulpit and church shall ring for it . this you call l a good plea to alter the uselesse anti-evangelicall pomp . indeed ' ●is the best you have ; and make the best you can of it , it will prove but an anti-evangelicall and antichristian plea ; if we trust scripture . 8. yet , that this may be done according to your designe , you allow the king thus much power , m that he may , notwithstanding his oath , consent to alter the clergies immunities . no oath shall stand in the way , so ye may gain by it . what ? again fallen from the question ? from abrogation to alteration ? what if i should tell you , that you have altered the state of the question ? that abrogation is the repealing , the disanulling of a law ; and not the changing of it ? but this is no error with you , whose aim is to have episcopacy abolisht , that so the immunities and lands thereof may be transferred upon the presbytery . this is the alteration you gape after . yes , you would so ; n settled you would have them upon preaching ministers , and o upon parochiall pastors : as if none were preachers or pastors , but you of the presbyteriall cut . i will not say , that you are hereticks in this and in other your new-forged doctrines , invented to subvert monarchy and episcopacy . but i shall tell you s. austins opinion , and so leave you to the opinion of the world . p he , in my conceit , is an heretick ( saith that father ) who for any temporall commoditie , and chiefly for his own glory and preferment , doth either raise or follow false and new opinions . and are not pelf , honour , and preferment the cause of all these fidings , and seditions , in church , and state ? if these times speak it not , i am deceived . as for your opinions , it hath been sufficiently manifested , that they are both false and new . 9. be your opinions what they will , their immunities and rights must down , or you will fail in a dilemma . q the clergie ( say you ) either hold their rights and immunities by law , or otherwise . this is not to be denied . but what follows upon this ? r if by law then the parliament , which hath power to alter all laws , hath power to alter such laws as give them their immunities : and those laws altered , the immunitie ceaseth ; and so the kings ingagement in that particular . if not by law , it is but an usurpation . you say it , and we grant it . for truth it is , that we claim no rights and immunities , but what the ancient and christian laws of this realm have confirmed unto us by act of parliament . 10. you say , that the parliament hath power to alter all laws . what if a man should say , that this assertion is not true ? i conceive , it were no blasphemie . indeed it is a blasphemous position to broach the contrary . none but an atheist dares justifie , that ſ the parliament , or any mortall soveraigntie , hath power to alter either the law of god , or the law of nature . and yet these are laws . and who , but an enemy to his countrey , and a friend to confusion , dares affirm , that the parliament hath power to alter the monarchicall or fundamentall laws of this kingdom . i am sure justice jenkins resolves , that t by the law of the land a parliament cannot alter any morall law. 11. give me leave to propose your own argument in terminis , in behalf of the city of london . the citizens of london either hold their rights and immunities by law , or otherwise . if by law , then the parliament , which hath power to alter all laws , hath power to alter such laws , as give them their immunities : and those laws altered the immunity ceaseth . if their immunitie be not by law , it is an usurpation without just title ; which upon discovery is null . how like you this , my rich masters of london ? hath not mr. geree set you in the sleep way to ruine ? but ye may , perchance , have a confidence , that the parliament will not serve you so . be of that minde still . the power , it seems , is in their hands : how they will use it towards you , i cannot say . how they have used it towards us , and towards our good soveraign , ye know . and can ye look to fare better ? remember , what our saviour saith , u the servant is no greater then his master . if they have persecuted me , they will also persecute you . as they have used your lord and king , they will use you . the courtesie ye are like to find , is that , which vlysses had from polyphemus , to be their last breakfast . 12. well , x upon the alteration of the law , the immunitie ceaseth , and so the kings ingagement in that particular . an ordinance of parliament hath absolved many a subject from his oath of allegeance : and now we shall have a law , to absolve the king from his oath of protection . but i am sure no law can absolve him from a duty inherent to his crown . and * such is the duty of protecting his subjects from oppression , and the church from sacriledge . you cannot therefore possibly absolve him from this ingagement . besides , it was never conceived , that an ordinance was of sufficient force to alter a law. the kings ingagement therefore stands as yet in this particular . 13. but suppose , there were such a law , as you-speak of , could it be just ? i have learned from your london ministers , that y 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 law , is so called in greek , from rendering to every person , what is just , meet , equall . in very deed , as the great lawyers speak , z jus , idem est , quod justum & aequum ▪ the law is nothing else , but that which is just and right . if it be otherwise , it is not jus , but injuria , an injurie , but no right . you are pleased to acknowledge a our privileges to be our rights . how then can they be taken from us without injuri●● and it is not lawfull , with the supreme judge , for any prince or court to deal injuriously , with the meanest , that are subject to them . justice it is , to give to every man his own . injustice then it must needs be , to spoil any man of that , which is his , either by the laws of god or man. suppose us to be in equall balance with our fellow subjects , and that we have no other right to our lands and privileges , but by the laws of the realm : what reason can be given , why we should not peaceably enjoy , what is ours , by the law of the land , as well as the rest of our fellow subjects ? we have the same right ; and why not the same protection ? chap. xiv . whether the lands of the church may be forfeited by the misdemeanour of the clergie . 1. vve shall have reason to work us out of our rights , and law to turn us out of the kings protection . but such reason and law , as may with much ease , and more equitie be returned upon your selves . your reason is this ; because b these rights were indulged to the clergie , for the personall worth of present incumbents . if therefore their successors forfeit them by their ill demeanour , these rights may be taken from them . this is easily resolved , not so easily proved . for the truth is , these rights were not given to particular persons , but to a succession of bishops and priests , and other officers for gods service . or rather , these lands and privileges were given to god and the church , for the maintenance of these offices . my unworthinesse makes not the office the worse ; neither can my wickednesse make a forfeiture of gods inheritance . i may , c with abiathar , justly be deprived of my place , and the benefits thereof ; but the place , and the rights thereof fall not into a premunire ; a good man even d zadok succeeds this traitor abiathar , and enjoyes not onely the office , but all the profits ▪ that belonged thereto . this was solomons justice ; he knew , how to distinguish between the faultie priest , and the faultlesse office . but you are a rooter ; if a twig be in fault , up with b●ai●h and root . this is your justice . but e it is far from the ju● judge of all the world , to root up the righteous with the wicked . and surely we ought to endeavour to be righteous and just , as our heavenly father is just . 2. have you a desire to know , what true justice is ? it is that , f quam uniformen ac simplicem proposuit omnibus deus , not what we fancie , but what to all men god hath proposed uniform , and alike , plain and simple ; such as can admit of no cavill or misconstruction . g where this true justice is wanting , there can be no law , no right . for that which is done by right , is done by law. and that , which is contrary to right , is contrary to law. nothing can be according to law , but what is according to justice . for justice is that , which gives lif● & being to a law. and to say , that this or that is an unjust law , is a flat contradiction : since it is jus à justicia , law hath the latin denomination from justice : r and the greek from rendering to every man , what is just ▪ and meet . and the latin word jus signifies both law and right . an unjust statute therfore there may be , an unjust law there cannot be . ſ n●n enim jura dicenda su●t , vel putanda , iniqua hominum constituta : for the unjust constitutions of men , are not to be called , ●r esteemed laws . and they that frame unjust decrees , are not princes , but tyrants : neither are their subjects , free-men , but slaves . neither can the state , they live in , be called a common-wealth ; since , as scipio africanus observes , and s. austin approves , t respuplica and res populi , the common-weal and the weal of the people , are one and the same . and then is it truly a common-weal , u cum benè ac justè geritur , when it is fairly and justly governed , either by one king , or by a few noblemen , or by all the people . but where the government is unjust , there 's no common-wealth . it is s. austins ; x vbi justicia non est , non est respublica . take away justice , and farewell republick . for how can that be for the generall good of all , where justice is not equally distributed to all of whatsoever profession . 3. but y there 's a great deal of difference ( say you ) betweene an ingagement made to persons , on valuable consideration , and that which is made gratis to an office or society subservient to publike good . so much difference indeed there is , that the setling of land upon a corporation is more firme then any entaile upon a familie ; because persons dye , but corporations live . if gratis make the difference in your opinion , it makes none in law : for that land ●● as much mine , which is conferred upon me by deed of gift , as that which is conveyed to me by purchase . what difference , i pray you , between lands , purchased by the society of goldsmiths , and such as are freely given to that company ? are not the later as much theirs , as the purchased lands ? are they not alike settled by the same law , & justified alike by the same law ? and z of this very sort is this ingagement to the english clergie . and never a whit the worse for that . for of this sort is that magnificent maintenance , which was settled upon the tribe of levi , by god himself : all given gratis . a and of this sort are the ingagements made to them by darius king of persia . and yet b whosoever shall alter this word , let the timber be pulled down from his house , and being set up , let him be hanged theron : and for this let his house be made a dunghill . and the god , that hath caused his name to dwell there , destroy all kings and people , that shall put their hand to alter and to destroy this house of god. of this sort also were c the silver and gold , which were freely offered by king artaxerxes and his counsellers , by the preists and people to the god of israel , for the house of god. of this sort also was d the relaxation of all toll , tribute , & custome to the preists and levites ; a free gift . and yet e whosoever will not do the law of god and of the king , in these things , let judgement be speedily executed upon him , whether it be 1 unto death , or 2 to banishment or 3 to confiscation of goods , or 4 to imprisonment . and was not this priviledge granted , for the grace and favour that f shesbazzar and g ezra found in the eyes of those kings ? or , if you will , for their personall worth ? and yet this grant is called not onely the law of the king , but the law of god : and delivered so to posterity by h ezra aready scribe in the law of moses , and the penman of god. 4. suppose we also , that i these rights were indulged for the personall worth of the present incumbents ; may they therfore be alienated , because some succeeding officers demean themselves amisse ? so say you ; but you are wide of the marke . these lands and immunities were not made to any particular persons , but to the office or society ; or to god for their use . what is given to a person for life , goes not to the office , but dyes with the person . but what is settled upon an office , lives with the office. k and i have manifested , that episcopacy is a living office ; an office , that must last , while christ hath a church on earth . persons may forfeit their place , and the benefits arising from thence to their incumbency ; but the office , if necessary , must continue . l judas by transgression fell from his office ; but the office fell not with him ; no , m another , a saint may , and must take his bishopship , or apostleship , and the rights that belong thereto . 5. however then some such favours may be granted to an office , with relation to the personall worth of the present incumbent , yet being given to promote the usefulnesse of the office , it shall be no movable ; it is fixed ( as the lawyers speak ) to the freehold , and shall abide , till the office be found uselesse , and therefore abolisht . but till then n it is injustice to alter , or alienate those rights , without which the usefulnesse of that office cannot be so well promoted . injustice it is , to take that away , which you never gave , and is so usefull for the office , let the officers fault be what it will. it is wild work to punish the office for the person : this is none of gods course . o the sons of eli were as bad as bad might be ; god destroyeth them , but not the office , neither yet doth he fleece it . but before i passe further , i must make this observation : the quarrell you picke with the clergie , to rob them of their lands and priviledges , will suite with any society , or corporation . if it shall please your great masters to say , that the drapers , or grocers , or that great corporation of london have so demeaned themselves , that they have forfeited their lands and immunities , up they go ; they shall be in the same state with us . they that uphold their power by the sword , do usually what they list , not what they ought . if parliaments might utterly be abolished for misdemeanour and miscarriage , i presume , this iland should never see another parliament . 6. you speake largely p of the parliaments power . it is out of my element , and i am tender to meddle with it . i know t is large in a free and full convention , when the members constitutive are present : but how large , i shall leave it to the learned of the law to define . yet this i dare say , whatever their power be , they cannot make that just , which is unjust ; nor that truth , which is a lie . q ahab and jezabel had power to over-rule the elders and nobles of jezreel ; and to take away both naboths vineyard and life , without any cause at all . you will not , i hope , justifie any such power , or act. 't is true ; naboth hath lost all at a blow ; but it was by tyranny , not by law : because there was no equity in the sentence . and yet there were as good witnesses came against naboth , as any appeare against episcopacy . 7. but you have been at the bar of late , and have learned a law distinction , which neither scripture , nor fathers , nor scholmen ever taught you , and this it is . r an ingagement may be gone in law , though not in equity . and that an order of parliament will be valid in law , though injurious . how ? valid in law , though injurious ? the learned in the law deny , that an order of parliament is valid in law. and some of their own creatures in their circuits have rejected some orders from westminster , because they were contrary to law. but you , my masters , that have been so forward with your purses , bewar . ſ he speaks of summs of mony , borrowed upon the publique faith , for publique good : for t the parliament may ordain release of the ingagement . here 's divinity without equity or conscience . but it 's like the rest . 8. gone in law ( saith this conscientious preacher ) , not in equity ; valid in law , though injurious . behold law without equity ; a law , and yet injurious . god blesse me from such law , and such divinity . i ever thought , that law and equity had gone together , and that law could not have stood with injurie : since ( as s. austine speaks ) u jus & injuria contraria sunt , law and injurie are contraries ; and can no more consist then light and darknesse . and if with x thomas , and y the london ministers , jus be that , which is prescribed , or measured by law ; then either that is no law , which prescribes , what is not right ; or else injurie shall be right , because it is prescribed by law. i hope , you are not of this mind . 9. if the fathers were not quite out of date , i could tell you , what s. austine saith . and yet why may not i make use of him as well as your fellow ministers of london ? behold then the very case . z quid si a liquis condat jus iniquum ? what if any shall make an unjust law , a law without equity ? is not the case put right ? if it be so , take his resolution . a nec jus dicendum est , si injustum est . if it be unjust , it is not to be named a law. and yet with you it shall be a law though injurious . thus your case of conscience is resolved against conscience ; for all injurie , if understood , is against conscience . surely the parliament is much beholding to you , to stretch your conscience , and their fringes so much against conscience . for you justifie a power in them to do injurie ; and not onely so , but a power to make laws , to justifie this injurie . and yet b in them this shall be no tyrannous invasion on any societies rights , because done by a parliament . that title is a salvo for all blemishes and injuries . no tyranny , no invasion , if done by a parliament : as if they were infallible , and could not erre ; impeccable , and could not do amisse . or as if god himself did alter his own laws , that their alterations might be irreprovable . 10. i must confesse , the next is a very conscientious proposition , of another die ; and this it is . c if there be no injury , the king and parliament may cancell any obligation . without peradventure they may . but what makes that so there ? as ther 's no question of power in the parliament , to ordain an injurious order , or a law without equity : so if there be no injury &c. what so , and no otherwise ? then have they no power at all to cancell any obligation , because the parliament hath no power to make a law without equity . if this do not follow , let men of understanding judge . and if you have no better argument to prove , that it is lawfull for the king and parliament to abrogate the immunities , and to take away the lands of the clergie , you will never be able to approve the lawfulnesse thereof . 11. what is according to law , true law , is lawfull ; and what is lawfull , is according to law. if lawfull , not injurious ; if injurious , not lawfull , not valid in law : since nothing is valid in law , that is injurious . to what purpose then are those words ; d the abrogation will be just , as well as legall , there will be no injury done ? surely none , where law is of force ; for where law is , there can be no injustice countenanced . but where your law bears sway , an order may be legal , though injurious ; for your words are , e the order would be valid in law , though injurious . 12. and as for f forfeiture by miscariage , the forfeiture in justice must fall upon him , that miscarries , that is , upon the person , not upon the office ; for an office duely settled can no more make a forfeiture , then it can miscarrie . such an office is episcopacy , which was duely settled by christ himself . and i hope you have not so far forgotten your selfe , as to say , that an office immediately instituted by our blessed saviour can run into a forfeiture by miscarriage . what reason can you give , why that should suffer , that cannot erre ; that never offended ? this is none of gods justice . and it is well known to the wise , that bishops hold their lands , revenues , and immunities not as granted to their persons , but as annexed to the office for the continuall and comfortable maintenance thereof . our religious predecessors had learned of s. paul , that g no man feedeth a flock , but he eateth of the milk of the flock . and that h it is the dutie of the gentiles to minister unto them in carnall things , of whose spirituall things they have been made partakers . indeed i he makes a wonder , that any man should doubt of it ; for how can the office be maintained without means ? surely , though k s. paul did sometimes worke with his own hands , that he might not be chargeable to new converts ; yet he telleth the corinthians , that l he robbed other churches in taking wages of them , to do the church of corinth service . yea this apostle justifies , that m he hath power to eat and drinke of their charge , and to n live upon their cost . and that o he wronged them , when he did otherwise . 13. we confesse , that p the office was provided for publick good ; and that those , which are of the office neither hold , nor ought to hold any thing but for publick good . is the ministery lawfull , or no ? was it settled by christ , or no ? q your london ministers have concluded for the divine right of ministers , or pastors , and teachers : and i know , you subscribe to their doctrine . there may not then be any forfeiture of the ministery , since the ordinance of christ cannot be forfeited by the miscarriage of man ; that 's out of all peradventure : of priviledges perchance there may be a forfeiture , where they prove prejudiciall to the publick good . but if and where never prove any thing , unlesse you can justifie , that these priviledges have been prejudiciall to this church and state. 14. our religious predecessors began the great charter with r concessimus deo , first of all we have granted to god , and by this our present charter have confirmed for us , and for our heires for ever , that the church of england be free ; and that it have all her rights entire , and her liberties unhurt . ſ william the conqueror began his raign with confirming the liberties and priviledges of the church . and he gives this reason for it , t quia per eam & rex & regnum , solidum habent subsistendi fundamentum ; because both king and kingdome have by the church a solid foundation for their subsistence . had that prince been alwaies of the same mind , he had never defiled his hands with sacriledge , nor plunged himselfe and issue into so deepe a curse . for after he began to ransake churches , to rifle monasteries , and to expose holy ground to wild beasts , and church-lands to his pleasure , he and his became most unfortunate . he rips up the bowels of the church his mother ; and sucks her blood : and the son of his loines rebels against him , beats him , and draws blood from him . the conqueror turns god out of his inheritance , and his sonne robert endeavours to do the same to him . what afterwards befell him , and all his issue , i shall not need to relate , u mr. spelman hath lately saved me that labour ; to him i remit you . in whose treatise you may briefly see the lamentable end of all that great conquerors posterity . to this i shall adde , & wish all my countrie men to observe , that in the strictnesse of reformation episcopacy was continued , as most usefull for the church . 15. but though episcopacy have not been prejudiciall heretofore , it is likely now to prove so . for unlesse they degrade themselves , unlesse they will patiently x part with their wealth and honour , and lay down their miters , the crown is like to runne an hazard , and the whole land be brought to nothing but misery . i am sorrie to read these lines from a professed preacher of the word of god ; for so you stile your self . and yet i am glad , you deale so fairely with us , as to give us notice , what hath been the cause of your factious preaching , the countries and citys tumults , and this detestable and deplorable rebellion ? 1 the bishops great wealth , 2 their honour , and 3 their miters : these three 1 their wealth they are already stripped of ; 2 their honour lies in the du● ; and 3 their miters have not been seen many a faire yeer , unlesse it be upon their armes . we know no more what a miter is , then a bishop knows what great wealth is ; by speculation meerly . few of them have gained so much by the church , as their breeding cost their parents . and yet the clergie is the onely profession repined at . 16. you should have done well , mutatis mutandis , to have directed this passage to the parliament with this small alteration . i hope , you will not be so tenacious of that wealth , and honour , you have gained in these tumultuous times , as to let the crown run an hazard , rather then lay down this usurped power , and indanger the whole land to be brought to nothing , rather then your selves to moderation . o , that they would bow down their ears in time , and embrace this counsell ; then might they yet heal the sores of this shaking land ; and save their own souls . but the blame and danger are layed upon those , that least deserve it ; that stood in the gap , as long as possibly they could , to avert schisme , heresie , blasphemie , atheisme , rebellion , & bloodshed . all which , since the bishops have been stripped of their honour and power , have overspread the face of this land. 17. suppose , the bishops were faulty , shall god be turned out of his possessions , because his servants are to blame ? mr. selden can tell you of a charter of king edgar , which will teach you to distinguish between god and man ; between gods right , and mans fault . a inviolabilis stet monasterei winton libertas ; b although the abbot , or any of the covent , through the incitement of satan , fall into sin , let the liberty of winchester monastery stand inviolable ; because god , who possesseth the plentifull munificence of this privilege , as also the place , with the whole family of monks , and all the lands belonging to that holy monastery , never committed sin , neither will in future times commit any . let therefore this liberty , or privilege , be eternall , because god the possessor of this liberty is eternall . the same say all good men for , though the bishop be faulty , god is not , cannot be . the possessions therefore , and rights of the church must stand inviolable . the faults are the bishops , the lands are gods. let not god suffer for the bishops irregular behaviour . let the bishop be deprived of his place and profits , but not god of his lands . c episcopatum ejus accipiat alter , according to the holy ghosts prescription , let another , a good man , take his bishoprick , that gods service may be duely celebrated , his name glorified , and christs flock faithfully provided for . 18. but say we , what can be said , the bishops are to blame , and must be brought to moderation . and how must this be done ? by being brought to just nothing . for , according to your doctrine , episcopy must be abrogated , and their lands alienated . this we simple men take to be extirpation , or annihilation . but such discreet , conscionable men , as you are , know it to be but moderation . should god return this moderation upon your heads , the presbyteriall government would come to , what it should be , even to nothing . 19. well , their wealth , their honour , and their miters are in fault : and the bishops must be corrected , for not laying down all these at this blessed parliaments feet , to redeem the kings crown . good king , he suffers for the bishops obstinacy ; and they , poore men , have parted with all , but what they may not part with , namely , their fidelitie to god and the king. have you not alreadie dis-roabed them of their honors ? have you not plundred their houses , and seized their lands ? have you not made them house-lesse , harbourlesse , not able to keep a servant ? what would you more ? but , let me tell you , your great masters might have purchased better houses and lands at a cheaper rate . this they will be sensible of , when the accounts are cast up as well elsewhere , as at london . 20. the bishops wealth , honor , and miters were your aim ; these you have preached for , these you have fought for ; what would you more ? all these your masters have , and the crown to boot ; and yet not quiet . indeed all these thus gained will not afford a quiet conscience . that there may be some shew of legality , y the king must get the clergies consent , and the bishops must lay down their miters . and then 't will passe for currant , that these acts were passed by their own consent , and so no wrong done . z volenti non fit injuria . true it is , undone they are without consent : but if they consent , they undo themselves , and wrong their souls . and a madnesse it were to be chronicled , if i should cut mine own throat , to save my enemie the labour . how then can i give away gods inheritance to the edomites & ishmalites , lest perchance they enter forcibly upon it ? and yet the bishops are much to blame , if they will not do this : if not , the crown will run an hazard , and the whole land be brought to ruine . 21. what is to be done in this case ? surely if the bishops knew themselves guilty of the difference betweene the king and his subjects , god forbid , but they should be willing to part with all , they may lawfully part with ; and a be earnest with jonah , that they might be cast into the sea , to allay this dangerous storme , if that would do it . but b what is gods and the churches , they cannot give away , or alienate . no , no , saith s. ambrose , i cannot deliver up that , which i have received to preserve , not to betray . the lands of the church they may take , if they please . imperatori non dono , sed non nego . i give them not to the emperour , but i deny them not . c i withstand him not ; i use no violence . d what i do , is for the emperours good ; quia nec mihi expediret tradere , necilli accipere ; because it would be neither safe for me to give them up , nor for him to receive them . what beseemes a free preist , i advise freely ; si vult sibi esse consultum , recedat à christi injuriâ ; if he desire to prosper , let him forbear to wrong christ . observe what belongs to the church , is christs , not the bishops . if any part of it be diminished , the wrong is done to god , and not to man. e ananias layed down his possession at the apostles feet ; but kept back part of the price . here was wrong done ; but to whom , think you ? not to the apostles ; no : f he lyed not unto men , but unto god ; he couzen'd god , and not man. this was the moderation of s. peter , and s. ambrose ; and we may not be drawn from this moderation . advise your great masters to embrace so much moderation ; as to wrong no man , but g to give unto caesar , what belongs to caesar , and to god , what belongs unto god. till then , however they may seem to prosper , they will never be secure . chap. xv. whether it be lawfull to take away the bishops lands , and to confer them upon the presbytery . 1. the church at this present , is much like her h saviour hanging between two theeves : but in so much the worse case , because neither of these are for our saviour . one , the independent , is wholly for stripping the church of all settled maintenance : with him the minister is to rely meerly upon the peoples benevolence . and reason good ; for he is no longer a minister , then it pleaseth that congregation . but the other , the presbyterian is like the chough in the fable , that would faine prank up himself with other birds feathers . i the bishops lands and revenues must be diverted , & divided , to maintaine parochiall pastors ; so you call them . k sacriledge you condemne ; but theft you like well of , so you and your fellow presbyterians may be gainers . quocunque modo rem , is profitable doctrine ; so you may have it , you care not , how you come by it , nor who smarts for it . l the man of jerusalem fel into such hands . 2. m prelacy must be abolisht ; that 's agreed upon . so far you go with your parliament , but you are against seizing of the prelates revenues , to private , or civill interest . that is , as i conceive , to any particular mans use , or for the service of the state ; as ye call it . i am just of your mind , and resolve with you , that this kind of impropriation could want neither staine , nor guilt . such was that in the dayes of , k. henry the eight ; which was deservedly cried out of , all the christian world over . but cry out you and your mr. beza with your stentorian voices , upon this n detestable sacriledge , your good masters are resolved upon the question , and have exposed the bishops lands to sale . so they may have these revenues to dispose of , they will venter stain , guilt , and curse too , say what ye can . 3. i must confesse , you would faine set a faire glosse upon this detestable act . you would have o those large revenues ( as you are pleased to call them ) to be passed over from the fathers of the church , to the sons of the church ; from the bishops to parochiall pastors , or presbyters . i call these parochiall pastors , sons of the church : because , though they be called fathers in respect of their parishioners ; yet are they but sons in respect of bishops , from whom they have their orders , and by whom , as ministers , they are begotten . for presbyters have not power to ordain a deacon , much lesse to ordain a presbyter ; as p hath been already manifested , & shall be more fully , if god give me life and leave , to examine the divine right of church government . 4. but since q these revenues must be diverted , or passed over from the fathers to the sons , to supply them with sufficient maintenance , who shall make the conveiance ? and when the conveiance is drawn with all the skill that may be , it is nothing worth , till the proprietary , the true owner give his consent , and confirme it . desire you to know , who is the true owner ? look upon god , he hath accepted them , and taken possession of them ; his they are by deed of gift . the charters usually run thus ; concessi , offero , confirmavi deo & ecclesiae , i grant , offer , or confirme to god and the church , such and such lands , mannors , or messuages . when they are thus offered , god accepts of the gift , and sets this stamp upon them , * they offered them before the lord , therefore they are hallowed . and again , r nothing devoted , or separated from the common use , that a man shall devote unto the lord ( whether it be man , or beast , or land of his inheritance ) may be sold , or redeemed : every devoted thing is most holy unto the lord . when it is once seperated from common use , it may no more return to common use ; since ( as your geneva note tells us ) ſ it is dedicated to the lord with a curse to him , that doth turn it to his private use . and of this curse they have been sensible , that have turned it to such use . observable therefore it is , that t this word , which we here translate devoted , or dedicated , signifi●s properly , destroyed , quia destructio imminet usurpan●il us illa , because destruction hangs over their heads , that usurp them . jos . 7. 1. &c. we translate this word accuesed : and u ● cu●se fell upon achan openly for medling with the accursed or devoted silver , and gold , and a costly garment . god made a●●ma● example of his justice to all posterity , that so the dreadfull end of him and all his , might strike a terrour into the hearts of all covetous persons ; that they medle not with that , which is dedicated to the lord. 5. achans fault was , that x he clancularily stole it , and dissembled , and put it among his own stuffe . but what you do shall be in publike , enacted by parliament ; and they shall not be seized to private or civill interest . your purpose is to have them diverted , or settled upon your selves , and your fellow presbyters , who are no private or civill persons . oh , no , you are the men , by whom the work of the ministery is cheifly performed . and yet i cannot but observe , that here is a diversion ; and what is diverted , runs not in the right channel , it is enforced another way . but y this ( you say ) will not be to ruine , but to rectifie the devotion of former ages , and turn pompe into use , and impediments into helps . there needs no proofe for this , ipse dixit , mr. geree hath delivered this in the pulpit ; it is enough , so it come from him , who is so well skilled in devotion , and able to rectifie former ages . but i am none of your credulous followers ; my faith is not pinned to your sleeve . indeed , to deale plainly with you , i am of another mind , and suppose , i have good reason for it . 6. that revenues were very anciently settled upon the church , can be no new thing to them , that are skilled in councels , fathers , and church history . but who were these lands settled upon ? to whose trust were these committed ? z that constantine settled revenues upon the bishops , is too too evident to be denyed . that the bishops had houses and lands long before constantines time , is manifest by the councell of angur , can. 15. as also by that of a paulus samosatenus ; whom the emperor aurelian ejected out of the episcopall house , after he had been deprived of his bishoprick of antioch by a councell of bishops . b in s. cyprians time and writings we read that the church was endowed with means . a little higher we may go in our own country , c we find king lucius in the yeer of grace 187. settling possessions upon the church . 7. neither were these means very small ; as some conceive . d s. austine was a gentleman well desended , and had a faire estate left him . and yet he professeth , that e the possessions of his bishoprick of hippo , were twenty times more then the lands of his inheritance . and yet his was none of the richest bishoppricks in africk . such was the devotion of former áges . 8. of these revenues the bishops had the profits ; they did f uti frui rebus ecclesiae ( as s. austin speaks ) tanquam possessores & domini ; they were gods trustees ; and yet as possessors and lords they disposed of the church goods . g at his see the government of the lands and oblations belonged to him ; but h to some of his clergie he committed the charge both of the one and of the other . but so , that once a yeer at least , he had an account from them , as from his stewards . i at his charge , as it were , the presbyters and other clerks of that church were fed and clad . indeed k the lands and goods of the church were so at the bishops disposing , that the steward might not distribute any of them , as he thought meet , but as the bishop directed him . this was not onely by custome , but by canon , that the bishop have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 power to dispose the goods of the church upon the needie . and l if it happened , that any of the lands were alienated , or sold in the vacancie , it was in the succeeding bishops power to ratifie or make void the sale . 9. neither did the bishops innovate any thing therein ; they followed the steps of the prime and apostolick church ; as is to be seen apost . can. 41. and in the acts. there we read , that the christians , who were so charitably minded , m sold their lands , or houses , and layed the prices thereof ( not at the disciples , not at the presbyters , but ) at the apostles feet . after this indeed n the disciples choose out men of honest report , full of the holy ghost , and of wisdom , that might dispose of these legacies to such , as were to be relieved by the church stock . but this they did not of their own heads , but at the apostles directions , who reserved this power to themselves . the text justifies it ; o whom we may appoint over this businesse . so the apostles . hence is it , that s. paul commanded timothy , bishop of ephesus , to take care , that the presbyters be well provided for : p let the presbyters , that rule well , be counted worthy of double honor , of double maintenance . and to what purpose was this charge to timothy , unlesse he were to provide for the presbyters of his church ? i am certain , that it is most consonant to common sense , nature , and scripture , that q parents provide for their children , and not children for the parents . and is it not reason , that he , who sets the presbyters on work , should pay them their wages ? but bishop timothy was to set them on work ; r those things , that thou hast heard ( or learned ) of me , the same commit thou to faithfull men , who shall be able to teach others . and ſ charge them , that they teach no other doctrine then this . but if they do , what then ? t withdraw thy self from them . that is , eat not with them , let them not come to thy table , allow them no maintenance . what counsell the apostles gave others , without question they observed themselves . but s. paul commands , that u we eat not with open and notorious sinners ; and s. john , that we x receive not deceitfull preachers into our houses . the same rule then they observed themselves . for in those times y the bishop and his presbyters did usually live in the same house , and eat at the same table . in those times the bishops provided for the presbyters ; but our start up presbytery will so provide , that the bishops shall have just nothing left them to relieve their own wants ; all must be for mr. presbyter . 10. and why so ? because there are many z defective parishes in england , which want suffi●ient maintenance to supply their parochiall pastors with . but from whence comes this defect , or want of maintenance ? surely not from the bishops , not from their greedinesse , and wretchlesnesse : but from that detestable sacriledge ( a as beza and you call it ) which was by parliament acted and ratified under the reign of king henry viii . at the dissolution of abbeys the appropriations of tithes were taken into lay-mens hands ; which heretofore were appropriated and annexed to this or that particular religious house ; b which house ( according to mr. spelman ) was the perpetuall incumbent parson of each of those rectories , and did duely officiate the cure , by one of their own fraternity . then were there few , or no defective parishes . but upon these new statutes the lay appropriatoes swept all into their own custody and possession . from hence ariseth the want of congruous maintenance , in too many parishes , for him , or them , that serve those cures . and shall bishops smart for it , when lay-men have done the mischief , and purse up the profits ? dat veniam corvis , vexat censura columbas ; when the laity offends , the clergie suffers . is this justice ? but so the parliament do it , it is with you c valid in law , though injurious . but god and you are of severall minds . 11. nay , if this be done , if bishops lands be removed to presbyters , d there will be no danger of sacrilege . how prove you that ? e this ( say you ) will not be to ruine , but to rectifie the devotion of former ages , and turn pomp into use , and impediments into helps . this is somewhat like cardinall wolseys pretence , who dissolved fourty small monasteries of ignorant silly monks , to erect two goodly colleges , for the breeding up of learned and industrious divines . was not this to turn impediments into helps ? lo , he removed lazie drones , that did little but eat , and drink , and sleep ; that so learned men might be provided for , who would labour in the word and doctrine , and might be able to do church and state good service . was not this as fair a pretence as yours , or as any you can invent ? and how was this accepted of ? god , that forbids theft , will no more endure the offering gained by theft , f then by adultery . one of his colledges dyes in the conception ; the other remains unfinished to this day : and it pities me to see her foundations under rubbish . and a misery it is to take into consideration the ruine of this man , as also of that king and pope , who gave him licence to commit this sin . this attempt and grant opened a gap to the most profuse sacrilege , that ever christian nation , before that time , had been acquainted with . and yet , for ought i find , by this particular sacrilege there came no gain into any of their private purses . 12. but , i beseech you , what is the meaning of these words , this will turn pomp into use ? what your intent is , perchance i may gesse : but to take them according to the plain and literall sense , i can make no other construction of them , then this : if the prelates revenues were diverted , to supply with sufficient maintenance all those parochiall pastors , that want congruous maintenance , this would turn pomp into use . that is ; that pomp , which the prelates made no use of , the presbyterians would turn into use . if this be not the grammaticall sense , i appeal to any rationall man. and their essay in the divine right of church government , shews what their proceedings would prove . i must confesse , ye have marvellously improved the impediments , and turned them into helps . for the power and jurisdiction of bishops , which were the main impediments to schisme and heresie , you have covenanted to root up ; and have brought in all the helps , that may be , to further irreligion , and atheisme . while the bishops had power , heresies were rarae nantes , seldom seen , and suddenly supprest , if any such crept in . but now they flowe in by shoals , and have pulpits and presses cloyed with them . does not your own mr. edwards professe , that never was there such plenty of sects and heresies ? as many more in truth , as ever the church knew in former ages . onely , as g by julian the apostata , both pulpits , and presses are locked up to the orthodox ; no coming there for them , lest perchance they infect the auditories with sound and apostolike doctrine . 13. parochiall pastors are most necessary men ; by them the work of the ministery is chiefly to be performed . this is true , and not true . true in the fathers sense ; not in yours . h in the fathers sense a pastor is a bishop strictly so called , as by his order he is differenced from a presbyter ; and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is no petty countrey or citie parish ; i it is a whole citie , with the precincts and countrey adjoyning , which were under the jurisdiction of the citie , and repaired thither for justice , if differences arose . with them paraecia was the same , that a diocese is with us . so a parochiall pastor , in the ancient and church sense , is a diocesan bishop : and in this sense , the work of the ministery is chiefly performed by the parochiall pastor . this pastor indeed can perform all ministeriall acts ; divers of which are clean out of a presbyters power . and yet you say , that by the parochiall pastor , who is with you but a presbyter , the work of the ministery is chiefly performed . not so , my good brother not so , not that work , without which the church cannot possibly subsist . and that is twofold ; first k the ordering of the church ; and 2ly , ordeining of presbyters . the chief works of the ministery , according to st. paul , are to 1 regular the church , and to 2 beget those , by whom the sacraments may be administred , and absolution pronounced . but these works may not , cannot be done by any , or many presbyters . in your sense therefore this proposition is false . 14. but why cheifly ? what , because presbyters offer up the prayers and supplications of the church ? because they are the usuall preachers , and dispensers of the sacraments ? these indeed are the most usuall and daily offices , and very necessary ; but i dare not say , that by them these offices are cheifly discharged . what say you to that principle of reason , l propter quod aliquid est tale , illud est magis tale ? especially if it be such an efficient or ministeriall cause , without which , in the ordinary way , there can be no such thing . but by a bishop a presbyter is made a minister of these holy duties ; & in the ordinary way , without him he could not be a presbyter . the bishop then doth cheifly performe the work of the ministery . the reason is , because illo mediante by his means , or mediation , that is done , which without him could not be done . the work of justice is usually performed by the justice of the severall benches . but i presume , you will not say cheifly ; that you will reserve to the parliament ; since you have sworne that to be m the supreme judicatorie of this kingdome . and in this treatise you have concluded , that n the parliament is the supreme court , by which all other courts are to be regulated . and as all courts are to be regulated by parliament , so are all presbyters to be guided by their own bishop . 15. cheifly , say you ; onely , saith your ordinance for ordination ; wherein you make the presbyter the onely minister . in your solemne league and covenant , ye resolve and vow o the extirpation of arch-bishops and bishops . and in both ye lay the whole work upon the presbytery ; as if they were the men , that could discharge all sacred and ministerial duties . no such matter ; the contrary is manifested . can any man imagine , that a common souldier , or an ordinary marriner , doth performe the cheife work in an army , or ship , because they take the greater toile to the outward eye ? no , no ; it is the pilot in a ship , the colonel in a regiment , the admirall in a navy , and the generall in an army , that discharge the cheife duties . without these there would be wise worke by sea or land. ev●ry one , that can pull a gable , or manage an oare , is not fit to be a pilot. every man that can and dare fight , and charge with courage , is not fit to be a commander . but the church is both a ship , and an armie . and i dare say , that every one , that can talke lavishly , or make a rhetoricall flourish in the pulpit , is not fit to be a bishop , or governour , in the church of christ . and yet q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for this cause left i thee in creet , that thou shouldest set in order the things , that are wanting , & ordain presbyters in every city . these are the duties of a bishop ; without which the church will suddenly be out of frame , and crumble into nothing . 16. in a ship , or regiment , no man comes to sit at the stern , no man attempts the cheife command , the first day ; if he do , both ship and regiment suffer for it . no ; they are trained up in their severall professions , and by degrees they rise till they come to the highest . thus was it in the ancient , and thus is it in the present church . if any be suddenly raised to a bishoprick , it is seldom for the good of that diocese . 17. but you and your fellow presbyters want congruous and sufficient maintenance ; down therefore must the bishops ; and their revenues must be divided amongst such good pastors , as you are . the levellers doctrine right ; the nobility and gentrey have too much , & the godly of the land to little : all therefore must be shared , that jack and tom may have a congrurus maintenance . if the great men of the land will not yeeld to this , the parliament shall be garbled , the nobility and gentry shall be turned aside ; and then look for a new covenant , and a fresh extirpation . dukes descend from profane esau ; marquesses , earles , vicounts , &c. are but heathenish titles , invented by the children of darknesse , and the children of light defie them . what ? are we not all adams sons ? are we not brethren in christ ? is it not fit , that we should all have share , and share like , as had the children of israel in the land of promise ? as long as the church onely was strook at , it was well liked of ; but now patience perforce , we must be leveled both in church and state. we shall find , that there is such a sympathy between them in all christian common-wealths , that they stand and fall , swimme and sink together . 18. what ? talke we of levelling ? that is enough to destroy the state and face of a kingdome . but in your project there will be no danger . how ? no danger ? no danger , ( say you ) of sacriledge . no danger in the subversion of the church ? surely this must be ruine to episcopacy , and consequently to the church . for no bishop , no church . r ecclesia enim super episcopos constituitur ; for the church is founded and settled upon bishops . so s. cyprian . think not , that we exclude christ . christ it is that layd the foundation , and settled the church so . and it is not for man to unsettle it , or to lay another , a new foundation . for other foundation can no man lay , then that is layed by jesus christ . but ſ we are built upon the foundation of the apostles and prophets . and bishops and apostles , are of the same order ; they are one and the same . t apostolos , id est , episcopos & praepositos dominus elegit . so s. cyprian , the lord made choice of apostles , that is of bishops & prelates . when therefore our saviour founded the church upon the apostles , he founded it upon bishops . who dare then after this foundation ? he that endeavours it , doth not build , but destroy the church . 19. is there no danger of sacriledge in robbing father and mother ? the bishop your father , and the church your mother ? for as in the church you were born anew of water and the holy ghost ; so if you be a presbyter , as a presbyter you have your being from a bishop ; or else you have no such being . but you return , that ye rob not the church : for you intend , that these revenues shall be settled upon church-men ; that is , upon presbyters . suppose , you rob but one , but your father , the sacriledge is detestable . for doth not the lord say , u who so robbeth his father , or mother , and saith it is no transgression ; the same is the companion of a murtherer . but to make the sacriledge more odious , i shall manifest , that ye have not onely robbed your father , but your mother also . the bishop your father is the husband to his particular church ; if then you rob him of his meanes , who will succeed in his roome , and become an husband to that church ? for though there be a thousand presbyters in a diocese , yet , x if she be without a bishop , that church is a widow . so that great councell of chalcedon . thus ye rob the bishop of his means , & that church of her husband . and wile a widow , she can bring forth but a bastard brood . consider that . 20. upon these motives i must tell you , that if his majestie shall gratifie either the parliament , or the assembly , in the abolition of episcopacy , and in sacrificing the church-lands to your , or their sacrilegious avarice , it will be such y a work , for which following generations shall have just cause to pitie , & lament him , that so good a man should either be cheated , or enforced into so foule a sin . his children and the whole kingdome would rue it ; and the generations to come ( unlesse the world turn presbyterian ) will speak of him as of king henry the eight : with this difference , that king henry wilfully plunged himself into this sin , and king charles was driven into it by an atheisticall and bloody faction . but i am confident , his majestie is seasoned with better principles ; he knows , it was z no excuse for saul , to confesse , that he had sinned , because he was afraid of the people , and obeyed their voice , not gods directions . a this king knew gods word , & rejected it ; god therefore rejected him from being king , and his seed from the throne . a lamentable case , to be frighted by a multitude , out of gods favour , and the crowne . but i hope , you have no saul in hand : our good kings crowne you may cause to totter , but not his resolution . ye may , and have robbed him of his prerogatives , revenues , and liberty : but you cannot imprison , or force his conscience , that will injoy her ancient priviledges , & freedome ; and these disasters shall end in a crowne of glory . his memory shall be honoured in our annals , and his posterity flourish in these thrones . amen , amen . chap. xvi . how far forth the king ought to protect the church and bishops . 1. it is confessed to my hand , that b the king is ingaged to his power , to protect the bishops , and their priviledges ; as every good king ought in right to protect & defend the bishops & churches under their government . reason requires no more ; and religion requires so much . for by that god , whom we serve , kings are made guardians , and c nursing fathers to the church ; and by the same god this ingagement is put upon them . not by man , not d by the author , as you seem to intimate ; nor yet by the bishops . one of the bishops indeed , in the behalfe of his brethren , and the whole clergie , humbly beseecheth his majestie to protect and defend to them , and to the churches committed to their charge , all canonicall priviledges , and due law and justice . the king with a willing and devout heart premiseth , to be their protector , and defender to his power , by the assistance of god. and afterwards at the communion table , he makes a solemne oath , upon gods own book , to observe the premises . this ingagement then is not put upon the king , but with a willing heart he takes it upon himselfe ; acknowledging that he ought to do so , if he be a good king. yea , ( saith sir edward coke ) e the king is bound and sworn to the observation and keeping of magna charta . his majestie then is but intreated to do , what he is sworne and bound to do . and since sworne and bound , he may not with a safe conscience give them up to the f wild boares of the forrest to root up the plants , or suffer the wild beasts of the field to devour this vine , g which the lords right hand hath planted . 2. that h the king is bound no further to exercise his power in the protection of the church , then he can do it without sinning against god , is most undoubtedly true : and it were not the part of a christian to desire more . for we know , that i the king receives his power from god , which is to be used , not against , but for god. not to protect the church to his power , is to break his oath , it is to desert that trust which god hath committed to his charge : and is not this to sin against god ? in the discharge of this dutie , he is so far from being injurious to the rest of his people , that if he should forbear it , it would prove the greatest mischeife , that can be imagined , to his people , and to their posterity , in their soules , in their estates ; and a perpetuall infamie to this nation . i need not prove it now , it is already done , cap. 8. sect 10. 11. &c. 3. that k his sacred majestie hath interposed his authority for the bishops , & put forth all the power he hath to preserve them , is that which vexeth your confederacy . and yet you cannot deny , but that every good king is bound in right to do so . what we ought to do , is our bounden duty ; and what we do in right , is justly done . oh , that this had been done in the right time . indeed he is not onely bound , but he finds it more then necessary to protect and preserve them ; for in protecting them , he protects himself , his throne , and his posterity . alas , he was strook at thorough the bishops sides . his wise father descried this long since , l no bishop , no king. what the father spake , his sonne our good king hath found true by woefull experience . his crowne hath sunke with their miters . 4. well , by your own confession , what our gracious king hath done , is right , and what good kings are bound to do , to the extent of their power . thus our good king is justified by his enemies , as m our saviour was by judas . if his majestie have endeavoured to do that , which is right , what are they , that have hindered him from doing it ? have not they done wrong ? how can they excuse themselves before god or man , that have so manacled our betrayed soveraigne , that he cannot do , what good kings are bound in right to do ? is this to be good ? is this to be just ? then have all the saints of god been utterly deceived . 5. n if after all this he must perforce let the bishops fall ; you and your schisme have much to answer for , that have driven him to this necessity . you seem to pitie his good subjects , who with their blood have endeavoured to support episcopacy . their swords were not drawn to maintaine this government , or the religion established ; they never learned to fight for religion . what they did , was done in submission to his majesties just commands , and to manifest their allegiance . but if these be good ; that have indangered their lives to uphold bishops , what are they , i beseech you , that have spent their blaod to root them out ? surely in justifying the former , mr. geree hath condemned the latter ; and when the waspes find it , he must look to his eares : 6. i must confesse , it is an hard case for one man to o ingage his life for the maintenance of other mens privileges . but who did so ? not a man ingaged himself ; but the kings command , the oath of allegiance , and the laws of the land ingaged every good subject , to assist his soveraign to the utmost . the king , according to his oath , endeavoured to maintain the laws of the land , to protect the members of both houses driven from parliament , to support the bishops ; and to suppresse those seditious and sacrilegious persons , which plotted and covenanted the ruine of religion , root and branch . though much the greatest part of the nobility , gentrie , and learned in the law , were deservedly moved to see majestie dethroned and blasphemed ; religion spurned at , and vilified ; the fathers of the church scandalized , and persecuted ; the laws of the kingdom , and liberties of the subject sleighted , and trampled on ; yet not a man of these took up the sword , till he was commanded by him , to whom the laws of the land , and the word of god have committed the power of the sword. this may not be called backwardnesse , or unwillingnesse , but pious discretion , which ever waits upon the soveraigns call . when therefore his majesty had set up his standard , i may truly say , p the governors of our israel offered themselves willingly among the people ; they did the king service to the utmost . had there not been a back-doore to let in a forrein nation , to divide the kings forces ; had not some of q the nobles of judah conspired with tobiah , held intelligence with him , and acquainted him with nehemiahs secrets , there never had been so many thanksgiving dayes , nor so much boasting , that god prospered the cause . god suffered david his own chosen servant , his anointed , and a man after his own heart , to be hunted as a partrige upon the mountains , to be frighted from his throne , and to live like a forlorn man ; and yet in his good time he restored him to his scepter in peace , and subdued the people to him . 7. and whereas you term them others privileges , as if they concerned no man but the clergie ; i dare boldly say , they concern every man , as he is a member of this church and realm . r if we have sown unto you spirituall things , is it a great matter if we reap your carnall things ? and if we reap not your carnall things , how shall we sowe unto you spirituall things ? this is worthy of consideration ; unlesse you have layed aside all care of the soul . have we some privileges , that the laity have not ? they are not ours alone ; they are every mans , that enters into orders . and orders are indifferently proposed to all , of all families whatsoever , so they be sufficiently qualified . high and lowe , noble and ignoble have reaped the benefit of these privileges . i have known some of high birth in orders ; and some of good rank , that have taken sanctuary under a priests coat . and we read of ſ a young man of the tribe of judah , of the most remarkable family , that was glad to turn priest , and to t serve by the yeer for ten shekels of silver , a double suit of apparell , and his victuals . if then our calling suffer , all families suffer in it , and with it . 8. but what if the laws of the land , what if magna charta do oblige all men to stand up for the due observation of these privileges ? if so , then must every man readily acknowledge , that all good subjects are bound to obey his majestie , when he commands that , which the law requires . view we then the words of that great and justly magnified charter , which are these . u reserving to all arch-bishops , bishops , earls , barons , and all persons , as well spirituall as temporall , all their liberties , and free customes , which they have had in times past . and all these customes and liberties aforesaid , which we have granted to be holden within this our realm ; as much as appertaineth to us and our heirs , we shall observe . and all men of this our realm , as well spirituall as temporall ( as much as in them is ) shall likewise observe the same , against all persons . mark that : are we not all , both spirituall and temporall , bound to maintain each others privileges , as much as in us lies ? 9. i know , you will return , that abbots and priors are provided for by the same law ; and yet they have since been taken away by act of parliament . i confesse it : but i shall desire you to observe in the first place , how they prospered , that were the contrivers and procurers of that act. 2ly , i cannot but take notice , that you with your master beza call that disso●ution x detestandum sacrilegium , detestable sacrilege , and such as was cried out of all the christian world over . it is not therefore to be drawn into president . 3ly , consider , i pray you , that y they who did so , are stiled enemies of our soveraign lord the king ▪ and his realm . 4ly , that great * councell of chalcedon , consisting of above 600. bishops , resolves , that no monastery , consecrated with the bishops liking , may be turned to a secular dwelling . and those that suffer any such thing , are lyable to the canonicall censures . 5ly , you will , i hope , make a difference between our saviours institution , and mans invention . bishops are of our saviours own institution , but abbots and priors are titles and orders of mans invention . and yet z hospitalitie , and alms , and other works of charity , for which these fraternities were erected , failed much with them . how those means were imployed , i shall not enquire ; but i am certain , that good and pious men have wished , that the abuses had been pruned off , and that the lands had been disposed of according to the doners intentions . this indeed had been pietie , not sacrilege . 10. how oft have the kings of this realm ingaged themselves to observe magna charta , and to maintain the rights and liberties of the church ? are not these the words of the statute , a we take the prelates and clergie with their possessions , goods , and chattels into our speciall protection and defence ? the princes of this land have bound themselves strictly to keep this great charter ; and have provided , that if any other shall do , or procure to be done , any thing contrary to this charter , it is to be accounted void , as soon as procured . take the words of the charter . b we have granted unto them ( the spirituall and temporal persons of this realm ) on the other part , that neither we , nor our heirs shall procure , or do any thing , whereby the liberties in this charter shall be infringed , or broken . but suppose , they shall make any such grant through ignorance , wilfulnesse , or evill counsell , shall it be of force ? the law saith , no. for it follows immediately ; c and if any thing be procured by any person contrary to the premisses , it shall be holden of no force , ne effect . you and your great contrivers , what have ye laboured for , all this while ? what have ye fought for ? what have ye shed so much blood for ? for wind , nothing but wind . for all the westminster orders and ordinances contrary to this charter , shall be holden of no force , ne effect . you had best then keepe your paper for a more necessary use . 11. and yet you tell his majestie , that d it is not equall to ingage the lives of some to uphold the honour of others . is it equall then , i beseech you , to ingage the lives of some , to destroy the honour and estate of others ? all this while you have been on the destructive part , all for rooting up , what the lords right hand hath planted , and for alienating the lords inheritance . and that ye might effect , what ye have subtilly projected , ye have ingaged the lives of many , who were very unwilling , to uphold the honour of some at westminster , that had overlashed , & ran themselves upon dreadfull rocks . i would to god , the commons of this kingdome would lay it to heart , how e cruell ye have been to many thousands to be indulgent to a few , to uphold the honour of a few . consider , how many thousands in england and ireland have been plundered , sequestred , imprisoned , maimed , and murdered , because they would not submit to the illegall , unjust , and irreligious decrees of the men at westminster . a compleat mercurius rusticus will make after ages stand amazed , and their hearts bleed within them , to consider , that such a nation as this , so blessed with peace and plentie , should be so miserably deluded , as to undoe themselves willfully , and sheath their swords into one anothers bowels , to save a lord and five members from tryall by law. 12. that you may perswade us , some way or other , that the king ought to give up the bishops , and their lands , since he hath hitherto protected them to the utmost of his power , you argue by supposition . f suppose ( say you ) a king put a commander into a city , and give him an oath to maintaine the priviledges of it , and keep it for him to his power : and this commander keeps this towne , till he have no more strength to hold it , unlesse he force the towns-men to armes , against the priviledge , which he hath sworne to maintaine . well , what then ? if this governour now surrender this towne upon composition , doth he violate his oath ? thus far mr. gerees question : what think you of it ? what any man thinks , is no matter ; g mr. geree thinks none will affirme it . and i think , there be many , that will affirme it ; and i am one of that number . good lord , to see , how mr. geree and i differ in opinion ! his is but thought without proof , but i shall give you reason for what i think , and say . 13. if this casuist speake to purpose , as he ought , he speaks of a king of this realme ; and no town within this realme hath any such priviledge , as not to bear armes against the kings enemies ; or not to keep it for his majestie , to the utmost of their power . the reasons are these : first , h these are the kings dominions and countries . 2ly , these towns and cities are part of these dominions . 3ly , the inhabitants and citizens thereof are his majesties subjects . 4ly , i all lands and tenements are holden either mediatly , or immediatly of the king. 5ly , this citie or towne is the kings ; otherwise how could he put a commander into it , and give him an oath to keep it for him ? i speake of towns within these his majesties dominions , which in all writings are called the kings cities , counties , and towns. 6ly , it cannot be imagined , that the kings of this realme would grant any priviledge destructive or dangerous to their owne safety . and we must take notice , that k all liberties at the first were derived from the crown . adde hereunto the severall acts of parliament , wherein l the peers and comminalty confesse themselves to be bound , and make faithfull promise , to aide their soveraigne at all seasons ; as also to assist and defned his , or their , rights , and titles , to the utmost of their power , and therein to spend their bodies , lands and goods , against all persons , whatsoever . but new lords , new laws ; and these statutes are out of date . 14. by this time , i hope , you see , that no towns-men have any such privilege , as to refuse to bear arms in the kings behalf . but they are bound by their allegiance , and the laws of this land to keep those towns for his majestie , & to defend them with all their might against his foes . if then the inhabitants shall be backward , the commander ought to force them to armes : and if he do it not , he violates his oath , and the towns-men their fidelity . and now you may tell your freind , that helped you to this supposition , that he is no skilfull apprentice at law. if then m the kings case be such in this particular , his highnesse may not recede from his oath , nor do any thing contrary thereto . 15. though this may seeme reasonable to sober men , yet n the onely objection ( as you conceive ) which lyeth against this , is ; that though it be not in the kings power to uphold them , yet it is in his power not to consent to their fall . though this be not the onely , yet is it a just objection , or rather a resolution ; which being rightly harkned to , will preserve the king from sin in this particular . for how ever you are so uncivill with his majestie , as to call it o peremtorinesse in him to deny assent to the fall , or abolition of episcopacy ; yet such as are learned to sobriety , know this to be christian prudence , and true fortitude , p not to fear them , that can imprison him , that can rob him of this earthly crowne , and slay his body , but to stand in aw of him , that can slay the soul , that can deprive him of his heavenly crown , and cast him into the infernall pit . oh , q 't is a fearfull thing to fall into the hands of the living god ; we are not therefore to be threatned , or frighted into sin . these things you can presse violently in the pulpit , but now you are beside both pulpit and text , beside modesty and truth . it is justice , religion , and courage , not peremtorinesse , to deny the least assent to sin . that it is sin to yeeld to , or confirme the abolition of episcopacy , is already manifested c. 4. 6. since it is to destroy an ordinance of christ ; which cannot be done without sin . 16. however then he may indanger his own crown , not save their mitres , yet he shall be sure , by denying assent , to save his own soul : for r without consent no sin ; and without sinne no damnation . ſ a woman ravished is free from fornication , because she assents not , but is really enforced ; and yet t he , that commits that sin upon her , must die for it . this is the kings case right : if he yeeld not , this is a rape upon his power , no sin in his person , since no assent . hence is it , that idolatry and oppression in scripture are charged upon kings ; because their assent makes a law. without the kings affirmative every ordinance imposed upon the people is not law , but tyranny ; since it is not legall , but arbitrary . our brethren of scotland say as much . take their words . there can be no law made , and have the force of a law without the king. declaration of the kingdom of scotland . p. 19. 17. that t it is in his majesties power , or not in his power to deny assent to the abolition of bishops , is most certainly true . but we must learn of you to distinguish between a naturall and a morall sense ▪ and then we shall find both true , that he can , and he cannot deny consent . in a naturall sense he may , but in a morall sense he may not . in a naturall sense he may ; because the will cannot be inforced . in a morall sense it is not in his power ; because he cannot now deny consent without sinne . so it is , and it is not in his power , or rather as s. austine speaks , u in potestate est , quod in voluntate esse non debet : that is in our power , which ought not to be in our will ; x the king then hath it in his power to yeeld , or not to yeeld ; because he may do , which he pleaseth . the book of god stands by , and adviseth him to do that , which is right in the sight of god , proposing blessings if he do so ; and menacing curses , if he shall do any thing contrary to gods revealed will. and all this while it doth but instruct & perswade him to do , what he ought and may , when he will. this then being in the kings power , he must take heed , he incline not to sin . 18. i cannot but resolve , that to forsake the naturall sense , if good , is to be unnaturall . to renounce the morall sense is against good manners , and the morall law. if therefore both senses may be kept , we are to preserve them both safe . with confidence therefore , i speake it , that it is not onely in his power , but * it is his dutie to be master of his negative voice , and to deny consent . if he deny consent , he does his dutie , & observes his oath . if he yeeld assent , he breaks his oath , and failes of his dutie . and this will prove no lesse then sin . i have already demonstrated , that episcopacy is agreable to the word of god , and that it is the institution of christ himself . it is sinne therefore to abolish it , or to consent to the abolishing thereof . you neither have , nor can justifie the contrary out of holy writ , or from the ancient and apostolike church . and yet the observations upon the ordinance for ordination have been extant in print above these three years . but you and your assembly rabbines take no notice of it , because you have not what to say against it . 19. but though you have neither scripture , councels , nor fathers , for the abolishing of episcopacy , yet you have reason grounded upon policy , to worke his miajestie to yeeld to this abolition . for ( say you ) he cannot now deny consent without sin . it seemes then , he might , without sin deny consent heretofore : but not now . and why not now ; as well as heretofore ? because ( say you ) x if he consent not , there will evidently continue such distraction and confusion , as is most repugnant to the weale of his people ; which he is bound by the rule of government , and his oath to provide for . thus sin shall vary at your pleasure : sin it shall be now , that was none heretofore . that shall be sin in king charles , which was vertue and piety in queen elizabeth , and all their religious ancesters . 20. y where no law is , there is no transgression . before then you prove it to be a sin , you must prove it to be against some law either of god or man. not against the law of god ; that 's already proved . not against the law of man ; since no man can sin against that law , to which he is not subject . * the laws are the kings ; he gives laws to his subjects , not his subjects to him : and we know no law of his against bishops . indeed the laws of this land are so far from the extirpation of bishops , that z the fundament all law of this kingdom approves of them . they then that are enemies to bishops , are enemies to the fundamentall law of this kingdom . and what is fundamentall , is in and of the foundation . if then a law be made to extirpate bishops , it grates upon the foundation , it is against the fundamentall law of this realme , & it contradicts that law of laws , the word of god. besides , we are assured by that learned in the law , justice jenkins a that it is against the kings oath , and the oaths of the houses , to alter the government for religion . but an alteration of this government , must necessarily follow upon the abolition of episcopacy . yea with bishops , not onely the church and religion will be ruined , but the very government and laws of the kingdom will be so confounded , that the learned in the law will not know , where to find law. they must burn their old books , and begin the world upon the new model . all this will amount to no small sin ; it will be to the shame of this land ; to the ruine of those two noble professions , divinity and law ; and to the common misery of the people . 21. these reasons premised , i shall justly return your own words upon your self , in this manner . it is not in the kings power to consent to the abolition of episcopacy , because he cannot now yeeld consent without sin . for if he consent , there will evidently follow such distraction and confusion , as is most repugnant to the weal of his people ; which he is bound by the rule of government , and his oath to provide for . i say so , and true it is ; because it is evident to every discerning eye , that there are as many , and those more considerable , that are cordially for episcopacy and common prayer , as are against them . indeed they are not so factious , so mutinous , and bloody as the other . what multitudes are there in this kingdom , that mourn and grieve to see religion so opprest , so trampled on , and almost breathing out her last ? in truth it is palpable , that these seditious and irreligious courses have ingendred , and propagated , and will continue such distraction and confusion in church and state , as is most repugnant , not onely to the present , but to the eternall wedl and salvation of his people : both which he is bound to provide for , but more especially for the later . 22. and whereas you say , such distraction and confusion will continue , unlesse episcopacy be abolished ; if seems , you are resolved to continue these distractions . but , god knows , and your words testifie , that it is not the calling or the office of a bishop , that is offensive ; it is b their honour , and their wealth , which you aim at ; c these , with their revenues must be shared amongst you of the presbyterian faction ; and then all shall be well . till then we must look for nothing but fire and sword . hence it evidently appears , that neither episcopacy , nor the kings dissent , but your ambition and avarice have been the true cause of these distractions and combustions . d such a sedition as this there was in the time of moses about the priesthood ; because every man might not sacrifice , as , when , and where he pleased . because corah might not wear a miter , and go into the most holy place , as well as aaron . and yet who dares say , that the priestood was the cause of those uproars ? 23. that insurrection was against moses and aaron , against prince and priest : but against the prince for the priests sake ; because the prince would not endure , that every one should meddle with the priests office , or strip him of his means and honour . that conspiracie was linsie-woolsie , loomed up of clergie and laitie . korah , the son of levi was the ring-leader ; and c with him two hundreth and fiftie of his own tribe . to these were joyned f dathan and abiram , great princes , and men of renown ; such as were eminent in blood , and of the tribe of reuben . and was not the crie the same then , that is now ? g moses and aaron , prince and priest , ye take too much upon you , seeing all the congregation is holy , every one of them , and the lord is among them ; wherfore then lift ye your selves above the congregation of the lord ? the prince and priest did but their duty ; and yet are obbraided with pride . god raised them to their places ; and they are charged to raise themselves . but moses justly retorts upon them , what they had falsly cast upon him ; h ye take too much upon you , ye sons of levi. what ? i is it not enough for you , that god hath separated you from the multitude , that he hath taken you neer himself , to do the service of the lords tabernacle , but you must have the priests office ? but you must be k offering incense , as well as the high priest ? the priest of the second order would needs be equall with the chief priest , the priest of the first order . and is it not so now ? have we not just cause to say to you , ye take too much upon you , ye presbyters , ye sons of bishops . what ? is it not enough for you , that god hath separated you from the multitude , that he hath taken you neer himself , to do the service of the lords house , and to administer the sacraments ; but you must have the bishops office ? but you must be giving orders , as well as the bishop ? surely this is to assume that power to your selves , which god never committed to any presbyter , while a presbyter . 24. last of all , i cannot but observe , that when the lord had punished these schismaticall and seditious persons , l the tumult ariseth afresh against moses and aaron ; they cry out upon them as m murderers , as if these two had slain the people of the lord : for thus they call that factious and damnable crue . but the lord decided the controversie , and shewed manifestly , who were his ; first n by consuming the mutineers with the plague ; and secondly , by causing o aarons rod , when it seemed to be quite dead , to revive , even to bud , and blossom , and bear fruit in the tabernacle . p thus the mouthes of the rebellious children were stopped , and gods ordinance justified . q oh , that salvation were given unto israel out of sion : oh , that the lord would deliver his people out of captivity . oh , that we might see aarons rod once more bud , and blossom , and bring forth almonds . r then should jacob rejoyce , and israel should be right glad . chap. xvii . whether there be two supremacies in this kingdom . 1. in this treatise ſ you blame those , that seem to set up two supremacies ; and yet you cannot see the same beam in your own eye . you are of kin , sure , to those lamiae , those witches , that were blind at home , but quick-sighted abroad . thou , that findest fault with another , doest the same thing . for do not you say plainly , that t there 's a supremacie in the king , and a supremacy in the parliament ? i hope , you know your own language . clodius accusat . it is an usuall thing for your confederacie , to charge the king and his good subjects with that , which your selves are either guilty of , or intend to induce . 2. what , two supremacies , two superlatives , at the same time , in the same kingdom ? is this possible ? what , because there is summus and supremus ; because there are two superlatives of the same word , shall we therefore have two supremacies in the same realm ? is not this flatly against the oath of supremacy ? wherein you , and i , and your great patriots , have sworn , that the kings highnesse is the onely supreme governour of this realme , and of all other his highnesse dominions and countreys . but the king hath been so long out of your eye , that he is now out of your minde , and the parliament shall at least be his corrivall in the supremacy . take heed , take heed of perjury . i can tell you of severall acts of parliament since the reformation , that u lay a penaltie of fourty pounds , upon every particular perjurie . if his majestie had all these forfeitures , they would satisfie his debts , and make him a glorious king after all these pressures . 3. but you clip his majesties wings , though ye make him flie ; and tell us , as x you conceive , that the supremum jus dominii , the supreme right of dominion , which is above all laws , is not in the king. to say it is in him , is in this , in our state a manifest error . why , what 's become of the oath of supremacy ? have we forgot that ? was not that provided for this state ? in our state this is no error ; in yours it may be ; or else you are in a manifest error . certainly the members have sworn , that the king is the only supreme governour of this realm , or state. and that he is so , as well in all spirituall or ecclesiasticall things , or causes , as temporall . if he be the onely supreme , how shall we find another supreme , or an equall to him within his own dominions ? if he be so in all things and causes both ecclesiasticall and temporall , what thing or cause is there , wherein he is not the onely supreme ; or wherein he hath any other supreme joyned to him ? for certain , these particles onely and all , are exclusive of any copartner . 4. but you will chalk out a way , whereby to elude , or avoid this oath , and the restrictions therein . there 's a supreme parliament , as well as a supreme king. or , a supremacy is in the parliament , and a supremacy in the king. an excellent arithmetician , he hath learned to multiply ; of one , and one onely , he hath made two . thus have they raised division out of unity : and from hence are these distractions and divisions , which are so repugnant to the weal of the people . this is one of their new lights , which is borrowed from their multiplying glasse , that makes a molehill as bigge as a mountain , and a spider as large as a sea-crab . but when the multiplying glasse is layed aside , the spider will be but a spider . 5. well , let us see , how you make good this twofold supremacy . y the supremacy , or the supremum jus dominii , that is over all laws , figere or refigere , to make , or disanull them at pleasure , is neither in the king , nor in the houses apart , but in both conjoyned . here then we are fallen back to one supremacy . and this supremacy is not the kings onely ; but it is the parliaments , as well as his . this is to skip from monarchy to aristocracy . kingdoms indure no corrivals ; and z kings have no peers . but this man hath found one thing , wherein the king hath peers ; and consequently is not the onely supreme governour of this realm . strange , how that parliament , and all since that time have been so mistaken , as not to see their own right , but to ascribe all to the king ; and that in a point of so high concernment . surely they wanted this young preacher , to bring them in a new light . but i beleeve , it will appeare , that the supremacie over all laws to make , or disanull them , is in the king alone , at the petition of both houses : and that those parliaments knew full well . 6. for satisfaction in this point i shall observe , what scriptures , fathers , and some modern writers have resolved concerning kings . s. petter plainly and fully a ascribes supremacy to the king. submit your selves ( saith he ) to every ordinance of man for the lords sake : whether it be to the king , as supreme ; or unto governors , as unto them , that are sent by him . kings are sent by god ; to them therfore we submit for the lords sake . all other civill governours are sent by the king ; to them therefore we submit for the kings sake , that sent them . answerable hereunto are those passages in tertullian , that b the emperor is homo a deo secundus , & solo deo minor , c in dei solius potestate , a quo secundus , post quem primus , the man second to god , and lesse then god onely . that he is in the power , or under the command of god onely ; from whom he is the second , and after whom he is the first . optatus saies as much ; d super imperatorem non est nisi solus deus , qui fecit imperatorem ; there is none above the emperor , but god alone ; who made him emperor . and what the emperor was in the empire ; the same is the king of england within his own dominions . for e the crown of england hath been so free at all times , that it hath been in subjection to no realm , but immediately subject to god , and to none other . hence is it called f an empire ; and g the imperiall crown of this realm . 7. the greeke commentators are so full for obedience to kings , that h they will not yeeld , that an apostle may be freed from this subjection . this doctrine s. paul justifies ; i i stand ( saith he ) at caesars judgment seat , where i ought to be judged . and after this appeal he resolves , that k no man , not the president himself , may judge him , or deliver him to be judged by any other . nay after this the president himself might not release him . so king agrippa , l had not this man appealed to caesar , he might have been set at liberty . are not these strong evidences of the kings supremacy ? that learned grotius gives a sure rule , whereby to know , on whom the supremacy is settled . m that ( saith he ) is the supreme civill power , cujus actus alterius juri non subsunt , whose actions are not subject to any other mans censure , or law. but such is the king , n qui sub nullo alio , sed sub solo deo agit , who lives in subjection to none , but to god onely . for o who may say unto him , what doest thou ? when therefore david had sinned , he cries out unto the lord , p in te solum peccavi , against thee onely have i sinned , thou onely canst call me to account hence is that resolution of all the learned of this church , in the time of king henry viii . among whom were bishop carnmer , and bishop latymer , q although princes do otherwise , then they ought to do , yet god hath assigned no judges over them in this world , but will have the judgement of them reserved to himself . and the judgement of the great lawyers in france is this , r rex solus ▪ the king onely is the supreme lord of all the subjects , aswell lay , as ecclesiasticall , within his own dominions . ſ all other men live under judgment ; & cum deliquerint , peccant deo , peccant & legibus mundi ; and when they offend , they sinne against god , and against the laws of the land. 8. but i know , you relye more upon the laws of this land , then upon the laws of god ; and upon our lawyers , rather then the fathers , and out best divines . i shall therefore transgresse my profession . & shew you , what their opinion is . t this realme ( say the statutes ) is an empire , whereof the king is the supreme head ; and consisteth of the spiritualty and tempora●ty , over which the king hath whole power , and jurisdiction . are you of this realm , or are you not ? i●●on be , then are you either of the spiritualty or tempora●ty and if of either , then wholly under the kings power the whole power is his ; why seek you to rob him of it ? of this realme the king not the parliament , is the supreme head : one head not two . he that makes two supremacies , makes a bul ; and he that se●● two heads upon one body , frames a monster . 9. indeed they are so far from having any supremacy , that they are subjects as well in , as out of parliament . u when king edward the confessor had all the earles and barons of the kingdome assembled in parliament , he cals them all , his leige men my lords , you that are my leige men. perchance you may say , the king calls them so , but that makes them not so . you shall therefore have their own acknowledgement , in parliament , thus . x we your most loving , faithfull , and obedient subjects , representing the three estates of your realme of england . thus the whole parliament united into one body . false therefore is that proposition , that the king is major singulis , sed minor universis , greater then any , and lesse then all the inhabitants of this realme . for here the representative body of the three estates of this kingdome , assembled in parliament , in their highest capacitie , acknowledge themselves to be the queens subjects , and her most obedient subjects ; because to her , they thus assembled , did justly owe both subjection , and obedience ; which none that are supreme , can owe. and these are due to his majestie & à singulis , & ab universis , from one , and all ; from every one singly , and from all joyntly . 10. secondly , when they are assembled in parliament , they petition , as well as out of parliament . this is evident by the acts themselves ; wherein we read , that y our soveraigne lord the king , by the assent aforesaid , and at the praier of his commons . the same words are repeated 2 hen. 5. c. 6 & 9. and in queen elizabeths time , the parliament humble themselves in this manner , z that it may please your highnesse ▪ that it may be enacted , &c. i might come down lower , but i shall satisfie my selfe with sir edward cokes report , b who assures us , that in ancient times all acts of parliament were in forme of petitions . mr. geree himselfe acknowledgeth , they should be so now . c the king ( saith he ) may passe a bill for the abolition of episcopacy , when his houses of parliament think it convenient , and petition for it . either then the houses have no supremacy , o● else they humble themselves too low , when they petition his majestie . but this supremacy of parliament is one of the new lights , that were lately wafted into this land in a scottish cookboate . 11. thirdly , what supremacy can there be in those , that may not lawfully convene , or consult , till the king summon them ; and must dissolve and depart , when the king command ▪ the writ it self runs thus , d prelatis & magnatibus nostris , quos vocari fecimus . to the prelates . and our nobles . whom we have caused to be called . and e sir robert cotton , out of elie register , tels us that parliaments were assembled at first as now , edicto principis ( not at their own , but ) at the kings pleasure . and sir edward coke assures me , that f none can begin , continue , or dissolve the parliament , but by the kings authority . and let me tell you , that if his majestie shall withdraw himself from parliament , it is not for your great masters to inforce him to return , but to g pray his presence , and to inform his majestie , that if he forbear his presence among them fourty dayes , that then by an ancient statute , they may return absque domigerio regis , to their severall homes . this is all they ought , or may do . 12. fourthly , whereas , according to your words , h the parliament is to regulate all other courts ; the court of parliament is to be regulated by the king. for the time , that is already manifested , to be at his majesties pleasure . and for the matter , that is prescribed , and limited by the king ; i super praemissis tractare , to consult and advise upon such things , as the king nominates , and prescribes . and if credit may be given to iohn speede , he tells us , that k the great lawyers judgments , in king richard ii. time , concerning orderly proceedings in parliaments , run thus . that after the cause of such assembly is by the kings commandement there declared , such articles , as by the king are limited for the lords and commons to proceed in , are first to be handled . but if any should proceed vpon other articles , and refvse to proceed vpon those limited by the king , till the king had first answered their proposals , contrary to the kings command ; such doing herein contrary to the rule of the king , are to be punished astraitors . and he cites the law books for what he saies . truly i am the rather induced to beleeve , what speed delivers , because sir edward coke gives us the reason , why , and how far forth , the king relies upon his parliaments . l the king ( saith he ) in all his weighty affairs used the advice of his lords and commons ; so great a trust and confidence he had in them . alwaies provided , that both the lords and commons keep them within the circle of the law and custom of the parliament . the reason , why the king useth their advice , is because he hath a great trust and confidence in them . but alwaies provided that they keepe themselves within the circle of the law , and custome of parliament . but how if they deceive the kings trust , and abuse his confidence ? how if they break the lawfull circle , and transgresse the customs of parliament ? how then ? what speede hath recorded , i have shewn you . but what the king may do in this case , i shall leave to the masters of the law to determine . 13. last of all , the king regulates their consultations . for in his breast it is , whether their bills shall become laws , or no. observe ; though the advice and assent be theirs , yet the power of ordaining , establishing , and enacting , is in the soveraigne . the statute books shall be my witnesses . m the king by the advice , assent , and authority aforesaid , hath ordeined and established . and again , n be it enacted by the queens most excellent majestie , with the assent of the lords spirituall , and temporall , and the commons , &c. hence is it , that they are called the kings laws . and o the king is called the head of the law ; because from him it is derived ; from him the law receives both life and force . p his breast is the shrine , or deske , wherein all the laws are stored up , and preserved . if any man make question of this , present experience will satisfie him . for do not the houses at this day petition his majestie , to make that a law which they have voted ? take their own words in that high message sent to holdenby house in march last . we the lords and commons , assembled in the parliament of england , &c. do humbly present unto your majestie the humble desires and propositions , agreed upon by the parliaments of both kingdoms respectively . vnto which we do pray your majesties assent . and that they , and all such bills , as shall be tendered to your majestie in pursuance of them , or any of them , may be established and enacted for statutes and acts of parliament , by your majesties royall assent . which words , though very high , do manifest , that there is neither majesty , nor supremacy , nor power in this , or any other parliament , to make , or repeale laws . it is at the kings pleasure to establish and enact them for laws and statutes , or not . this our neighbour scotland sees , and confesseth that regall power and authority is chiefly in making and enacting laws . declarat . of the kingd . of scotland . p. 18. 14. from hence it appears , first , that there is no supremacy in the parliament , without the king. secondly ; that the supremum jus dominii , the supreme right of dominion , which is over laws , to establish or disanull them , is in the king alone . for a bill not established , is of no force , it is no law. 3ly , that q the king is the supreme magistrate ( as you are pleased to call him ) from whom all power of execution of laws is legally derived . and 4ly , if the power of execution be derived from the king , much more is the power to regulate . for he , that gives them power by his commission , to put the laws in execution , he gives them rules in the same commission , whereby they must be guided ; and sets them bounds , which they may not passe . if they transgresse either , the king hath a legall power to revoke their commissions , and to dispose of them , to whom , and when , he pleaseth . hence is it , that all courts , and the judges of those courts , are called the kings courts , and the kings ministers of justice . and when we are summoned to appear in any court of justice , the processe runs coram domino rege , before our lord the king : because the kings person and power is there represented . and though his majestie be over-born , and against all law and reason kept from his courts of justice , yet in all writs you are fain to abuse his name ; though he be no way accessary to these lawlesse , and illegall proceedings . how these courts have been regulated , since his majesties forced departure , this kingdom is very sensible , and laments to consider it ; god amend it . 15. upon these grounds i argue thus . they , that are subjects ; they , that are suppliants ; they , that owe obedience to an higher ; they , that cannot lawfully convene , or consult , till they be called by another ; they , that must dissolve their meeting at anothers command ; they , that are to be regulated by another ; they , that can onely advise , perswade , entreat , but not enact a law , have no supremacy . but the whole parliament sever'd from the king , are subjects , are suppliants ; they owe obedience to an higher ; they cannot lawfully convene , or consult , till they be called by his majestie ; at his command , they are to dissolve their meeting ; by him they are to be regulated ; and q without him they cannot enact a law. the major is evident , to every intelligent eye . the minor is demonstrated , sect. 6. 7. 8. 9. 10. 11. 12. 13. i must therefore upon these premises necessarily conclude , that the parliament , in that sense you take it , hath no supremacy . 16. that nothing may be wanting , i shall give you the resolution of our sages at law , concerning the kings unseparable and incommunicable supremacy ; that so all mouthes may be stopped . bractons resolution is this , r rex habet potestatem & jurisdictionem super omnes , qui inregno suo sunt . the king hath power and jurisdiction over all , within his own kingdom . plowden saith as much ; ſ the king hath the sole government of his subjects . here is no man , no societie of men exempted ; all under the king , and solely under the king. where then is the parliaments supremacy ? not in this kingdom ; it must be looked for some where else . 17. secondly , t ea , quae sunt jurisdictionis & pacis ad nullum pertinent nisi ad regiam dignitatem : those things , which concerne jurisdiction and peace , belong to none but onely to the royall dignity . u the same he affirmes of restraint , and punishment . these then belong not to the parliament ; since that cannot chalenge royall dignity . where then is their supreme power ? all power almost consists in jurisdiction , ordering of peace , and punishing offenders . and all these are flowers of the crown . yea , x the power of the militia , of eoyning of mony , of making leagues with forreigne princes ; the power of pardoning , of making of officers , &c. all kings had them , the said powers have no beginning . if then all these and many more are peculiar to soveraignty , what is left for the parliament ? why surely if you will , to be the kings supreme or chief councell , and his capitall court. this they are ; and this is an high honour to them being rightly used . 18. thirdly , y omnis sub rege , & ipse sub nullo ; every one is under the king ; but the king is under none , but god onely . the supremacy then must needs be in the king ; who is superior to all but the god of heaven . and over the supreme there can be no earthly superior . to admit a comparative above the superlative in the same kinde , is a solecisme not onely in grammar , but in reason , and religion . yet , though no superior , there may perchance be an equall to this supreme . there may so ; but not within his own dominions . z rex enim non habet parem in regno suo ; a the king ( saith the statute ) hath no peer in his land. and if justice jenkins may be heard , he tels us , that b the houses in parliament confesse , the king to be above the representative body of the realm . they are not therefore his equals ; and so have no supremacy . when i can be perswaded , that any , or all the members of the body are equall to the head , then i shall be apt to beleeve , that there may be two supremacies in a kingdom . but i am confident , that c a wife may as safely admit of two husbands , as a kingdom of two supremes . for d the king is sponsus regni , that husband , who by a ring is espoused to this realm at his coronation . but a ring is superstitious , and husbands are grown out of date . the onely thing in request is liberty , to take or leave what and whom we please . 19. but e the parliament is the supreme court , by which all other courts are to be regulated : what say we to that ? this i say , that the parliament is f curia capitalis , the supreme court of this kingdom : and yet his court it is , whose courts the rest are . it is therefore called g curia regis , and h magnum concilium regis , the kings court , the kings great councell : yea and the kings parliament . sir rob. cotton justifies it from the parliament rowles . i henry iv. began his first parliament . novemb. 1. k the king began his second parliament jan. 20. and of henry vii . thus : l it is no doubt , but he would have been found as frequent in his great councell of parliament , as he was in the starre-chamber . and this very parliament , how oft have they called themselves , the kings great councell ? they are so , and they are no more . but why am i so carefull to heap up instances ? your self call it . his , the kings , parliament , p. 2. and his houses of parliament , p. 8. 20. if then in your sense , we take the houses without the king , there is no supremacy in them , either severally , or joyntly : since they are but subjects , and the representative body of subjects . and under this consideration they cannot regulate other courts , unlesse the king give them power to do so . but take the houses with the king , and then it is most true , that there is a supremacy in the parliament ; and that it hath power to regulate all other courts . but this supremacy it hath by , and from the king ; and from no other . we therefore professe with that learned mr of the law , that m the parliament is the highest , and most honorable and absolute court of justice of england , consisting of the king , the lords of parliament , and the commons . the lords are here divided into two sorts , viz. spirituall and temporall . when such an assembly meets , and each house and the members thereof keep themselves within their proper limits , i dare be bold to say , that this court is assembled as it ought , n for provision for support of the state in men and money ; and well ordering of the church and common-wealth ; and determining of such causes , which ordinary courts nesciebant judicare , were not skilfull to determine . o these are the causes of such assemblies . 21. but truly , when they are thus assembled , i do not conceive , that they have power to p make or disanull all laws at pleasure ; but upon just and necessary occasion . for there is great danger in altering laws without urgent cause . innovation in government makes an alteration in state : & sudden alterations are not for the safety either of bodies naturall , or bodies politicke . observe , what the mirror of his time k. iames speaks : q we are not ignorant of the inconveniences , that do arise in government , by admitting innovasion in things once settled by mature deliberation : and r how necessary it is to use constancy in the upholding of the publik determinations of state. for that such is the unquietnesse and unstedfastnesse of some dispositions affecting every yeer new formes of things , as if they should be followed in their unconstancy , would make all actions of state ridiculous and contemptible . whereas the stedfast maintaining of things by good advice established , is the weale of all common-wealths . there is often danger , seldom pleasure in the change of laws . truly since the laws-have been neglected , and varietie of ordinances have supplied their roome , ſ we have been fed with the bread of tears , we have had plentiousnesse of tears to drinke . we are become a very striffe unto our neighbours ; and our enemies laugh us to scorne . 22. that the king in parliament doth usually make or alter laws , as the necessity of the times , and common good of his subjects require , is no rare thing . yet this ought to be done with much care and deliberation ; that so nothing be enacted , which may be justly greivous or destructive to his leige people . sithence , according to your determination , t he cannot lawfully make any ingagement to any , against the laws , and legall rights of others . your reason is because , u that were not cedere jure suo , sed alieno , a parting with his own , but with other mens rights . the same reason will hold against the parliament . suppose we should grant , what we may not , that the king and parliament are equals ; it follows necessarily , that whatsoever is unlawfull for one , is unlawfull for any other of the same ranke and power . if then it be not lawfull for the king , neither is it lawfull for his great councell , to take away the legall rights of others against law. and therefore not the legall rights of bishops , deanes and chapters , or any other of the clergie . for by the laws of the land , we have as firme an interest , and as true a freehold in those possessions , wherein to we are admitted , or inducted , as any other of his majesties subjects have in theirs . boast not of your power ; x power must attend upon justice , not go before it , nor over-rule it . i● justice take place , it is a judiciall , a just power ; but if power over sway justice , the government proves tyrannicall . 23. as for the power of making laws , we must know , that y by the common law , which is guided by the light of nature , and the word of god , that power is acknowledged to be in the king. who is leg●●us superior , as * fitz harbert speaks , above the law. but the soveraignes of this realme to reitifie the tender care they have of their peoples welfare , and the desire they have to injoy their love , have so far condescended in the stature law , that they will not henceforth do so without the advice & assent of the houses . this is not to give them a supremacie , but to admit them to advice . this is the way to win the most refractary , to submit to those laws , whereto they have given consent either in person , or by proxy . besides , z what is concluded on with good advice , by common consent , and hath the opprobation of diverse wise , learned , and religious persons , gives better satisfaction to all in generall , then what is done by one alone , be it never so well done . and yet to this day the power of ordeining , establishing and enacting laws , is reserved wholly to the crowne . most of these statute laws are as so many royall legacies bequeathed to this nation , by the severall soveraignes and fathers of this countrey . a not a liberty or priviledge , b not any land or tenement , but is originally derived from the crowne . such hath been the goodnesse and bounty of our princes to us their unworthy subjects . all we have , is from them : and now we take all from them . is this gratitude ? we serve god and the king alike ; we are resolved to seize upon all , that is called sacred . and i have learned , that not onely c the kings house , but d his very lands are called in law patrimonium sacrum , the holy patrimony . is not this that sacra fames , that sacred hunger , which is so greedy of all that is called sacred ? 24. brand not us , poore clergie-men , with foule and fained aspersions ; delude not the people with false & forged suggestions . e whose legall priviledges , or rights have we invaded , or sought after ? when did we ever desire , or perswade his majestie , to do the least injurie to people , or parliament ? your own conscience clears us in the generall . and your own profession is , that f you cannot but have a better conceit of the major part of the clergie , at this time , that they will not be so tenacious of their wealth and honour , as t● let the crowne run an hazard . if then we will , and have parted with that , which is justly ours , rather then in the least manner we would prejudice the king , or wrong our own consciences ; certainly we cannot perswade the king g to make any ingagement to us , against the laws , and legall rights of others . if any particular person have offended in this kind , we make no apologie for him : upon just proofe let him have a legall censure . this kingdom cannot but take notice , that we have been so far from incroaching upon others , that we have parted with u● own rights , though not with gods. we have deserted all we had , to preserve a good conscience . this is truly cedere jure suo , to part with our own , that we may not faile that trust , which is committed to us . we justifie gods right , and lose our own . 25. we confesse , that h the king is bound to maintain the legall priviledges of people and parliament ; but not so , as to destroy gods rights , or the priviledges of his ministers . that be farre from him . i suum cuique , the true princely justice is , to be just to god and man ; to give god what is his , and impartially to his subjects , what is theirs , as also what truly belongs to them in their severall places and professions . his majestie knows full well , that the liberties of the subject , the priviledges of parliament , and rights of the clergie , have long consisted and prospered together . take away the vine , and the elme will beare no fruit ; take away the elme , and the vine will fall to the ground , and be trod to durt . 26. that k the king hath been alwaies ready to confirme needfull ( not wanton , not malicious , not destructive ) bills , cannot be denyed by any of his impartiall & conscionable subjects . the quarrell raised against him is , because he will not suffer gods inheritance , and the churches patrimony to be devoured ; because he will not endure gods service , and all religion to be trampled on ; because he end eavours to releive his poore people the clergie , against whatsoever greivance they suffer , or threatned to be enforced upon them . the same favour he alwaies hath , and is at this time forward to afford to all his good people , and loyall subjects . yea , even to those , that are neither good , nor loyall . 27. but before i take my leave of your case of conscience , i shall resolve you , what a pious designe you have ventered on , and what a rock you have run your self upon . you will , i hope like the better of it , because it comes from that law , you most delight in . the statute saith , l when a man secular or religious slayeth his prelate ; to whom he oweth faith and obedience , it is treason . if then it be treason to slay the prelate , what sin is it to murder prelacy ? certainly by how much the sin is greater to destroy the species , all mankind , then one particular man ; by so much is the treason more heinous more abominable to kill episcopacy , then any one bishop whatsoever . and yet this you have endeavoured to the utmost of your power . for this i shall leave you to the law , and to those , m whom the king shall send for the punishment of evill doers . pray we therefore for the safety of our soveraigne , and that he may with speed be restored to his throne ; for these times have made us sensible with rabbi chanina , that n were it not for fear of him , alter alterum vivus devoraret , one would devoure another quicke . 28. o thus i think , by this time , i may safely conclude , that it is sufficiently cleared , that neither as a king , nor as a christian , may his majestie in justice , or conscience , ingage himselfe , or yeeld consent either to the extirpation of episcopacy out of this church of england , or to the abrogation of the just priviledges of his clergie , or to the alienation of their lands . since by your confession , p he cannot lawfully make any ingagement to any , against the laws and legall rights of others . and the king is so just ; that he will never do , what he cannot lawfully do . observe the plagues of such men , as are never touched with the miseries of others . they commonly fall under the same judgment , which others unpittied have tasted before . d. corn. burges . fire of the sanct. p. 50. 51. finis . errata . pag. 6. l. 34 melsalinus , r. messalinus . p. 20. l. 34. cardiner r. gardiner . p. 21. l. 33. let , r. set . p. 30. l. 21. perpetull , r perpetuall . p. 31. l 29. cut off . r. cast off p. 33. l. 20 teneatur , r. tenetur ib. l. 23 possit . r. posse . ib. in marg . l 12 quisquis r. quisque p. 34 l. 12. are you of r. you are of . ib l. 16. nation r. nation into ib l. 3● disolate . r. desolate . p. 35 l 29. viii . r. vii . p 38 l ▪ o rives r river . p. 44. l. 7 depends , r. depend . ib. l. 17. obstinentis r. obtinentis . p. 51 in marg . l. 13 concessimo , r. concessimus . p 53. l. nlt. distructive , r. destructive , p. 54. l. 10. not upon , r. not set upon . p 55 l. 25. abolishet , r. abolished . p. 50. l 2. overnor , r. governor . p. 60 l. 21. changing terme , r. changing the terme . ib , l 32. 1. and the ministerial . p. 6● . l. 2. yet r. that p. 83 l ult ttle , r. little . p 84 l. 34. distroied , r destroyed . p. ●●0 . l. penult . regular , r. regulate p. 111. l. 18. the justice , r. the justices . p. 113 l. 17. after , r. alter . p 116. in marg . l. 24. other , r. others , notes, typically marginal, from the original text notes for div a28864-e420 a i. d. p. 4. psal . 39. 4. c 2 sam 1● . 9. d psa● 89. 50. e 1. reg. 2. 44. 45. f the fire of the sanctuary p. 22● . g ib. p. 272. h nathan ward p. ●lt . i a● ▪ 8. 23. k ib v. 21. l ib. v. 23. m ib ▪ v. 22. notes for div a28864-e1000 episcopus . notes for div a28864-e1840 a i. g. p. 1. b mr. challenor● speech . c i g p. 1. d s. luk. 1 51. 52. e i● . v. 49. 31. f ex. 18. 21. g ex. 23. 2. h that such an union is ●●n●●p●●si●i●e ●●p●●si●i●e , 〈…〉 the king condescend in the point of episcopacy l. g. p. 1. i for the king to condescend renitente conscientiâ , though it might gratifie us , it would be sinfull to himself . i. g. p. 1. k i. g. p. 1. l the oath taken at the kings coronation hath been prest by some learned pens with that probability , &c. i. g. p. 1. m neither have they that i know , received an● satisfactory answer in print i g p. 1. n it may ●e a work worthy some pains to resolve this case ▪ and clear your obj●ctions , that while they stand unanswered , cast an ill reflect on both upon the king in condescending to abrogate episcopacy , and the parliament , in pressing him to it . i. g p. 1. o the bond of the k●ngs oath may be taken off two waies either by clearing the unlawfulnesse of it i. g. p. 1. p though it be granted , that episcopacy is lawfull ▪ yet notwithstanding that his oath , the king without impeachment may consent to the abrogation of episcopacy i g. p. 2. a it was vinculum iniquitatis , and so void the fi●st day : for qui jurat in iniquum obligatur in contrarium , ● . g p. 1. b i. g. p. 1. c i. g p. 1. d 1 s pet. 2. 13 , 14. e i. g. p. 9. f solemn league and covenant . ● . g. p. 1. h ier. 11. 19. i s. pet 2. 25. * as scripture is the rule of church ▪ government ▪ so christ is the sole root and fountain wh●nce it originally flows i. d. p. 50 k ambr. de dignit sacerd c. 5. l hieron . in mat. 10. 8. m gen●ad apud balsam . p. 1085. n s ioh 20. 21. o hilar in mat. can 10 p cyril in io. l. 12 c. 55. q hieron i● gal. 1. ●9 . r calvin in 1 cor 4. 9. ſ wal ▪ messal . p. 41. t theo in phi. lip . 11. k ignat ad eph. l theodoret ▪ in 1 tim. 3 1. m walo . messal . p ●0 43. n i● p. 53. o timoth●m apostoli munere & officio functus est ib p 42. 52. p ib. p. 47 50. 244. q smect . answ . to the remonst . p. 21. & 26. r epaphroditus by s ●au●●● ●● called the apostle of the p●●lippians , b●caus● h● had sent him to the philippians to confirm their church , and therein to ordain them ●resbyters and bishops walo . messal p. 58. ſ tit. 1. ● . t ephes 4 11. 1 cor. 12 28. x s. luk. 22 19. 1 cor. 11. 24 , 25. y ● joh. 6. 53. z ordinance for ordinat . p 2. a ib. p ▪ 13. b i. g. p. 1. c psal 89 50. d s. jude v. 3 ▪ e i. g p 1. f i. g p 1. g i g. p 2. h i. ● ▪ ● ▪ ● ▪ i ordinance for ordinat . p 2. k i. g. p. 2. l rom. 13. 1. m thou couldst have no power at all , ag●●nst me , except it were given thee from above s. jo. 19. 11. n ier. 20. 2. o ier. 19. 14. p prov. 8. 15. q ier. 26. 23. r ier. 32. 3. ſ 1 reg. 2. 27. 31. t ib. v. 26. u 1 tim. 1. 20. x gal ▪ 1. 9. y 2 tim. 3 ▪ 2. &c. z i. g. p. 1. a ib b act 1. 22. c act ▪ 1. 20. d presbyters are by christs warrant in scripture indued with power to rule in their own congregations , as well as to preach . see 1 tim. 3. 5 & 5. 21. heb. 13. 17 ▪ 1 thes . 5. 12. i g. p. 2. e 1 tim. 3. 5. f 1 tim. 3. 1. g ib. v. 4. h i. d. p. 12● ▪ i 1 tim. 3 ▪ 12 ▪ k 1 tim. 5 ▪ 2● ▪ l heb. 13. 17. m ib n c●nt 6. 3. o episcopus est pres●yt●●is pr●positus cypr ep . 10 p 2 cor ● . 23. philip. 2. 25 ▪ q 1 tim 5. 22. tit ▪ 1. 5. r 2 tim. 3. 5. t it 2. 15. & 3. 10. ſ 1 tim 5. 19. t 1 tim. 1. 3. u tit. 1. 11. x tit. 3. 9. y 1 tim 6. 3. 5. z beza & piscat . in loc . a si qui cum episcōp● non sunt , in ecclesid non sunt ▪ cypr. ep . 69 ▪ n. 31. b 1 thes . 5. ●2 . c hilar. dial. rom. in loc . apud ambros . d theodoret ▪ in 1 ●he● . 5. 12. e calvin in loc . f caluin i●stit . ● . ● . c. 3. sect. 15. g as prelacy stood in ●ngl●nd , the presbyters were ●x●●●●ed from all soc●●tie in rule . i. g p. 2. h which was much more preiudiciall to the dignity & lioerty of the ministery , the presbyters w●re subiected to a lay chancelor . i. g. p. 2. i the clergie & their priviledge● are subiect to the parliament . i. g. p. 7. k greg naz. orat . 52. ● 15. l an● was not here ●●urpation against gods direction ? i. g. p. 2. m i. g. p. 6. n though this way o● i●validating the k●●gs oath be most satisfactory to some , i. g. p. 2. o 1 tim. 6. 5. p 1 tim ● 8. q gen. no●e in loc . r yet to those that are not onvin●ed of the unlawfulnesse of ep●scopacy , it will not hol● . i. g. p. ● z it would cast the res●lution of th●s ●ou●t a●out the oa●h , upon another qu●stion touc●●●g the l●wfulnesse of episcopac● , which is a lar●er feild . i. g p. 2. a i. g. p. 1. 2. b i sh●ll endeav●u● to shew , that though for argument s●ke , it be grant●● , that episcopacy●e ●e lawfull i g. p 2. c i. g. p. 2. d i. g. p. 2. e 1. s. joh. 3 20. f ier , 35. 6 , 7. g ib. v. 8. h ib. v. 19. i calvin in amos 7. 13. k aug. ep . 180. l nunc malori libertate & fiduciâ veritatem profitemur : ne al●oqui per ●miditatem hâc poenâ mulctemur , ut deo minimè placeamus greg. naz. orat. 35 n. 2. m the protestation . n art 36. o viii elis . 1. p xiii . elis . ●2 . q act. 4. 12. r rom. 10. 17. ſ s. joh. ● . 53. t artic. 26. u rom. 10. 15. x gal 1. 1. y act. 1. 26. z s. mat. 28. 19. a com : prayer book , at the communion . b s ioh. 20. 21. c s. matt. 10. 8. d act 14. 4. 14. e 2 tim 1. 6. f rom. 10 , 15. g heb. 5. 4. h exod. 28. 41. exod. 29. 9. &c. i levit. 8. 12. k psal . 99. 6. l ier. 6. 16. m zanch. n i. d. p 11. o hug. grotius de jure belli . l. 1. c. 4. sect. 5. & 7. p statim posttempora apostolorum , aut etiam eorum tempore , constitutum est , ut in unâ uroe unus inter caeteros presbyteros episcopus vocaretur , qui in suos collegat hateret pr●●minentiam pet. molin de munere past . p. 20 21. q zanch. de verâ reformand● eccles ratione . thes . 5. r ib. thes . 7. sect. pono . ſ jurisdictionem ●otsm , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 reddo episconis . melane . ad ioach. carner ●1 ep . 99. t io. u io. ep 104. x ib. y ib. ep . 106. z ib. a ib. b i. d. passim . c i. d. pre●at . sect. the imputation . d ib. e p. melane . apo● . confes . aug cap. de ord eccles . f politiam canonicam non reprehendimus . ●b . c. de ●otest eccles . g ib. de ord . eccl. h ib. de potest . eccles . i veteres ho● saepe habent , non differte aliâre ab episcopo presbyterum , nisi quia ordinandi potestatem non habet . calv. instit . l 4. sect. 15. k epipha . haer . 75. l vbi distingui ordines & gra●us caepti sunt , atque episcop 〈…〉 exit it pr●●ly 〈…〉 , tum ordinatio non potuit esse utriusque commnois . wal. messal p. 299. m s luk 16. 13. n qui apostoli vocabantur duo rum generum fuere , primi & secundi . primi à christo missioné suam acceperunt , immediatè ab ipso missi secundi ab ipsis aposto lis walo messal . p 4● . o ephes 3. 5. apoc. 18. 20 p ● cor 11. 5. &c. ●2 . 11 q phil. 2 25. r ● cor. 8. 23. ſ gal. 1. 1. t walo messal . p. 40. 41. 43. &c. u ib. p. 38. x eph 4. 12. y ib. v. z col. 1. 24. a s mat. 28. 20. b i. d. p. 14. 32. 168. c calv. in ep . ded. ad edvard ▪ somerseti ducem . d 1 tim 3. 15. e 1 tim. o. 13. 14. f calvin arg in 1. & 2. ad tim. g beza in 1 tim. 3. 14. h walo messal . p. 4● . i calvin . in 1 tim. 1. 3. k tit. 1. 5. l ib. m ad philippenses eum misit , ad ecclesi●m eorum confirm and am , & constituendos in eâ presbyteros & episcopos . walo messal . p. 58. n chrysost . in philip. 1. 1. o i. g. p. 2. p i. g. p. 1. q ib : r ie● . 4 2. ſ hoc jus ipsum postulat , quo quisque tenetur . zanch. in 3 praecept . de juramento . thes 3. sect. actionem . t ib , sect. quid fit . u ib. thes 6. sect. quid. sit . x philo iud de special . leg ● 1. y quid i●●â caecitate tenebrosius , ad obtinendam inanissimam gloriam , errorem hominis aucupari , & deum testē in corde contemnere ? quasi verò ullo modo comparan●u● sit error illius , qui te bonum putat eirori tuo qui homini de 〈◊〉 bono placere stu●●s , de 〈…〉 displices deo aug. in gal c. 6. z gravius est peccatum , facere contra publicum s●●enne jusju andum , quàm contra privatum . zanch. in 3 praecept . thes . 4 sect. actionem . a jer. 4. 2. b omnino juramentum quisquis suum . sine ullo prorsus dot● , aut de●raudatione , ●u●● gentium legeque dei , ipsis etiam hostibus , & latronibus fervare teneatur : eosque à nemine hominum ta●i i●r●méto lib rari possit . zanch in 3 , praecept . thes . 6. c gen. 39. 9. d levit. 19. 12. e s. matth. 5. 33. f exod. 20. 7. g mal. 3. 5. h s. isa . 5. 12. i zech. 8. 17. k levit. 19. 12. l hos 4. 2. 3. m zech. 5. 4. n ecclus. 23. 11. o 2 chron , 6. 13. p 2 reg. 25. 6. 7. q zanch. in 3. praecept de juramento thes . 6. sect. prima igitur . r nihil judicandus est dicere , qui dicit aliquae iustae esse mendacia , nisi aliqua iusta esse peccata , ac per hoc aliqua iusta esse , quae iniusta sunt . quo quid ab surdius dici potest ? aug. cont . mend . c. 15. i g. p. 7. t i. g. p. 8. u es 49. 23. x num. 16. 41. y sam. 12. 14. reg. 〈…〉 &c ▪ a concil . chalced . can . 25. b c. 5. c ministris carere non potest ecclesia , qui externas res administrent , ver●um & sacramenta . zanc. in 4. praecept . de minist eccles . 9. 1. sect ontavo . d act. 19. e ● . joh. 3. 9. f s. ioh. 6. 53. g neque vel solis lumen ac calor , velcibus ac potus tam sun ▪ prae send v●tae foven dae ac sustinendae necessari● , quam est conserv●ndae 〈…〉 rris ecclesiae postolicum , ac 〈…〉 storale munus . calvin . instit . l. 4. ▪ 3 , sect. 2. h cypr. ep . 99. n. 31. i ib. k i. g. p. 7. ib. ● m i propose to consideration , whether the in tention of this oath be not only against a ty●●nnous invasion on the rights of the clergie : not against an o●derly alteration of them , if any prove inconvenient , and to protect them against violence , not against ●egall wayes of change . i. g. p. 7. n aug. ep . 225. o aug ep . 224. p c. quacunque 22. quaest . 5. q euseb hist . l 6. c. 31. r iren. l. 4. c. 53. ſ sulpit. sever. hist . l. 2. t hierom. ep . 65. c. 1. u perjurare fidem , mentiri , nobile factum : prodere vel dominos , actio digna viris . rog. hove . in r. steph. p. 485 x i. g. p ▪ 8. 9. y sir ed : coke in litleton ▪ ● . 2. sect. 138. z this is as much , a 〈…〉 rationall for a king to underta●● & th r● . f 〈…〉 in ●●g●● reason the oat● should have no other ●●n●e i g p. 7. a this oath to the clergie , must not be intended in a sense inconsistent with the kings oath to the people , first taken for their protection in their laws , and liberties . i. g. p 7. b s. mat. 22. 21. c rom 13 7. d ib. v. 1. e lex divina sicut deo●●rtur ●●rtur , ita à solo also tolli , aut abroga●i po●est lex autem human● sicut per hominem con●tituitur , ita ab homine tolls , aut abroga●i potest . franc. à v●ctor . relect 3 n 16. f tho. 1. 2● . ● . 96. 4. g tho. ib. h i ▪ b. i gul. ockam de jurisdic . in causis matrimon . k fitzherbert . nat . brev . tit . protection . p. 28. l gal. 1. 10. m rom. 13. 4. n for then the latter oath would be a present breach of the former , and so unlawfull . i. g. p. 7. o ib. p eccles . 8. 4. q ib. v. 3. r lex terrae . p. 14 & 15. ſ eccles . 8. 2. t gen. note in loc . u 1 i●c . 1. x lexterrae , p. 29 y i d. p. 33. z i. g. p. 6. a ib. b deut 25. 2. exod. 23. 2. d num. 32. 23. e iosh . 7. 18. f ib. v. 21. g iosh . 6. 19. h gen. 4. 7. i exod. 23. 2. k levit. 5. 17. l ib. v , 19. m ib. v. 15. 16. n ib. v 15. o rom. 2. 22. p 1 reg 12. 31. q 2 chron. 11. 13. 14. r 1 reg. 13. 33. ſ 1 tim. 3. 2. t tit. 1. 9. u 2 s. pet. 3. 16. x s. mat 15. 14. y bp. la●yme● ser. 5 before k. edw : vi. z sir edw : coke reports , 2d . part . levesque de winchesters case . fol. 44. a i. g. p. 7. b ib. c the kings oath taken at coronation i. g. p 1. d the kings oath to the people , first taken for their protection ▪ &c. i ▪ g. p. 7. e mag. charta ●● these words are added to avoid all scruples that this great parliamentary charter might live , and take effect in all successions of age● for ever . sir ed coke in loc . g sir edw coke proeme to magna charta . h ib. i ib. k sir ed coke in mag. chart c. 1. l mag cha c. 14. m ib. c. 1. n sir ed. coke in mag. chart. c. 1 ▪ sect. et habe . bunt . o sir ed. coke in litleton l. 2 , sect. 201. p ib. in sect. 136 q ib. in sect. 201. r nullu● ali●● praeter regem potest episcopo demandare inquisitionem ●●ciendā . bract. l. ● . 10● . ſ sir ed. coke in mag chart c. 1. sect e● habeat . t sir ed coke instit part l 4 c 1. sect o● what persons . u mag. cha. c 38. x sir ed coke proeme in mag. chart. y he cannot afterwards in●age himsel● to any particular estate to exempt it fr● this power : for by that oath at least cessit ●●re suo i g p ▪ 3 z conce●●imo deo , quod ecclesi● a●glicana libera ●it mag. cha. c. 1. a sir ed. coke proem . in mag. chart. b i. g. p. 7. c 1 s. pet. 2. 13. 14. d lex terrae . p. 8. e ib. 7. f i hope they will not now claim an exemption from secular power . i. g. p. 7. g 2 cor. 13. 10. h es . 49. 23. i meaning , that kings converted to the gospel , shall bestow their power and authoritie , for the preservation of the church gen note in is . 49. 23. k but if the● be under parliamentary power , how can it ●ationally be conceived to be th 〈…〉 meaning of the kings oath to pr●s●rve the privi●edges of the c●er●● against that power to which they are legally subject ? i. g. p. 7. l canons eccles . ●an . 1. m 1 eliz. 1. n ib. o can eccles . can . 2. p 1 eliz 1. q or how were the oath in that sens● consistent with the p●ivil●●●e of the nation ▪ formerly ●●orn to ●y the king. i. g. p. 8. r thou shalt count the priests holy , and reverence them . gen. note in levit. 21. 8. ſ if the oath had such a sense in the times of popery , when the clergy were a distinct corporation , yet when that exemption was abolisht , as a branch of antichristian usurpation , the change of their condition must needs change the intention of the oath . i. g p. 8. z b● . latymers serm. before k. edw. vi. march 8 ▪ 1549. a ecclesia est infra aetatem , & in custodiâ domini regis , qui tenetur jura & haereditates suas manu tenere , & defendere . sir ed : coke in mag , chart. c 1 b ib. c vnlesse they will say , that the crown stands still ingaged to them , to maintain such priviledge● , as by act of parliament were long since abolisht : which is to make his oath to them contariant to that taken before , for the maintenance of the laws . i. g. p. 3. d gen. 41. 4 ▪ e it ▪ s apparent then , to make the intention of the oath to be against legall alteration of their priviledges by parliamēt , makes it unlawfull , and so not obligatory . and if it be not intended against legall alteration , the king may passe a bill for the abolition of episcopacy when his houses of parliament think it convenient , and petition for it , without violation of his oath ▪ i. g. p. 8. g i. g. p. 9. h ib. p. 7. i ib. p. 5. k he that hath power to consent hath power also to dissent . l 1 cor. 7. 37. m lex terrae , p. 14 , 15. n i. g. p. 2. o ib. p ib. q prov. 8. 15. cujus iussu nascuntur homines , huius iussu & reges constituuntur . iren. l. 5. p. 601. r 2 chron. 9 ▪ 8. ſ ib. t i. g. p. 2. u rom. 13. 4. x ib. y 1 s. pet. 2. 13 , 14 z magistratibus ex animo de●erendus est honor , 〈…〉 etiam tyrannis . beza in act. 23. 5 a psal . 51. 4. b i. g. p. 2. c ib. d the king is sworn to maintain the laws of the land in force at his coronation yet no man questions , & the constant practise shews , that it is not unlawfull after to abrogateany upon the motion , or with the consent of his parliament . i. g p. 2 * declarat . of the kingd . of scotland . p. 22. e eccles 8. 4. f ib. g lex terrae , p. 19 h sir ed. coke in litleton , l. 2. sect. 164. i i. g. p. 8. k ib. p. 2. l sir ed : coke in litleton , l. 2. sect. 164. m 1 s pet. 2. 13. n rom. 13. 4. o gen. 41. 40. p ib. v , 43. 44. q ib. v. 40. r gen 45. 9. ſ ib. v ▪ 8. t ib. v ▪ 19 ▪ & 21. u lex terrae , p. 27 x 1 s. pet. 2 ▪ 13 , 14. y i. g. p. 2. z ib. a prov. 24. 24. b 2 cor. 10. 8. c s. matth. 26. ● . d christ is the head of his body , the church . col. 1. 18. 24. e s. joh. 12. 6. f rom. 11. 13. g 1 cor 9. 1. &c. 2 cor. 10 4 &c. 2 cor. 11. 7. 8. h i. g. p. 4. i ib. p. 4. 5. k ib. p. 4. l ib. m i. g. p. 2. n i. g. p. 2. o iust●s est animus qui scientia atque ratione , in vitâ ac moribus ▪ sua cui . que distribuit . aug. de trin ▪ l. 8. c. 6. p rom. 13. 7. q ea , quae contra legem dei fiunt , ju●ta esse non poss●nt . ●ug cont mendac . c. 15. r i. g p. 5. ſ i. g. p. 2. t sir ed. coke in litleton , l. 2. sect. 164. u lex terrae , p. 15 x it is no statute , if the king assent not to it : and he may disassent . lex terrae p. 7. y 1 cor. 12. 13. z ib. v. 14. a ib. v. 19. b ib. v. 21. c ib. v. 22. d ib. v. 25. e 1 cor. 13. 5. f aug. in reg. 3. g the ancient rights , laws , and liberties , are the birthright of the subiects of this land. declarat . parl. july 12. p. 458. h 1 cor. 4 1. i i. g. p 2. k i. g p. 3. l this distinction of the clergie from the laity , that they should be a distinct province of themselves , being a branch of popery , s with it quite extinguisht . i. g. p. 3. m es 49. 23. n psal . 83 5. &c. o isa . 3. 14. p ib. q gen. note in loc . r isa . 54. 15. ſ gen. note in loc . t heb. do . 31. u i. g ▪ p 3. x thou which teachest another , teachest thou not thy self ? thou , that preachest , a man should not steal , doest thou steal ? rom. 2. 21. y tit. 3. 1. z rom. 11. 1. a act. 22. 25. b gal. 1. 1. c 1 cor. 4. 1. and 9. 4. 5. 1● . d act. 22. 26. 29● . rom. 11. 13. act. 25. 10. g s. matt. 22. 42. &c. s. m at . 17 27. s. ioh. 19. 10. 11 k iud. 21. 25. l 8 eliz. 1. m i. g. p. 3. n numb . 3. 12. & 18. 6. o heb. 5. 1. p occumen . in loc . q i. g. p. 3. r ib. p. 8. ſ moses tribum levi , à communione populi segregavit . joseph . antiq. l. 3 c. 13. t deut. 10. 8. num. 16. 9. u num. 1. 47. 49. num ● . 33. &c. x num. 3. 12. y num. 1. 51. z gen. 47. 20 22. a vndoubtedly that privilege was abolisht , that any society should be exempt from secular power : for that were to set up supremacies● g p. 3. b ib. p. 9. c tertul ad scap. c. 2. d bracton . temps h. 3. l. 4. c. 24. sect. 5. sir ed● : coke in litleton la. sect. 140. e 3. ed. 3. 19. f sir ed. coke in litleton , l. 2. sect. 136. g ib. h cod. asric . can . 59. i 1 tim. 5. 1● . k ib. v. 20. tit. 1. 13. l 1 tim. 6. 3 , 4. 5. m beza & piscat . in loc . n 2 tim. 3. 2. &c. o tit. 3. 10 ▪ p piscat . in loc . q sir ed. coke in litletop , l. 2. sect. 136. r ib. ſ ib. sect. 201. t and why may not the great revenues of the bishops b● divided , to maintain a preaching minister● ▪ and their iurisdiction also , for the better over sight and censure of manners ? i. g. p. ● . u cyp ep . 27. n. 1 x quod non peri●●ium metuere debemus , 1 de ●ffenlâ domini , quando aliqui de presbyteris 2 ●ec evangelii , 3 ●ec loci sui memores , 4 sed neque suturum domini judicium , neque nunc sibi praepositum episcopum cogitantes , quod nu●quam omnino sub antecessoribus factum est , cum contemptu & contume●ià praepositi totum sibi vendicent ? atque utinam non 5 prostratâ fratrum nostrorum salute sibi omnia vindicarent cyrp ep . 10. y ignat ad philadelph p 91. z gen. 14. 10. a gen. 47 22. b ib. & v. 26. c ezra 7. 24. d 1 mac. 10. 65. e ib. v. 62. f ib v. 63. g ib. v. 89. h ib v. 63. i heb. 7. 1. k ecclus 45. 20. l exod. 28. 2. m ecclus. 45. 7. n ex. 28. 36. 37. o ecclus. ●5 . 12. p philo iud. de vitâ mosis . q ib. r es . 61 6. s● soli episcopi & presbyteri propri● jam vocantur in ecclesiâ sacerdotes . aug. de civit . dei. l. 10. c. 10. t psal . 45. 17. u rom. 3 4. x s. mat. 10 40. s. luk. 10. 16. y gal. 4. 14. z ib. v ▪ 15. a act. 28. 27. 10. b s. ioh. 13. 20. c act. 14. 20. d 1 tim. 5. 17. e primas . in 1 th ● . ● 23 f 2 cor 7. 15. g theod. in loc . h philip. 2. 29. i ruffin hist . l. 9. c. 10. k theod. hist . l 1. c. 11. l euseb . de vi●â constant . mag. l 1. c. 33. m gelas . cyzie . l. 1. c. 37. n ruffin . hist . l 9. c. 10. o euseb de vitâ constant . m. l 4. c. 27. p theodoret. hist . l. 1. c. 2. q euseb . de vitâ constant m. l. 1. c. 35. r ius graeco-rom●tom . 2. lib. leonis & constant tit. 3. n 8. ſ 2 reg. ● . 12. &c. 13. 14. t gen note in 2 reg. 13. 14. u ib. x immunities arising from the error of the times , not the tenure of scripture . i. g. p 4. y one of the privileges of the clergie was for the bishops to sit and vote in the house of peers . yet that is abolish● as incongruous to their calling i. g. p. 4. z lex terrae p. 14 a sir ed. coke in litleton , l 2. sect. 138. b omne factum , si rectè factum non est , peccatum est , nec rectè factum esse ullo modo potest , quod non à rectâ ratione proficiscitur . aug. de util . credendi . c. 12. c gu●d . pancirol . de magistrat ▪ municipal . c. 2. d ib. c. ● . e ●useb . de vitâ constant . m. l. 1. c 33 f psal . 45. 17. g psal . ●9 ● . h exod. 18. 14. 17. &c. i 2. reg. 12. 2. k iustice ienkins inconven . p. 4. l ib. m ib. n ib. p. 5. o exod. 25. 10. p sit ed. coke instit . part 4. c 1. sect. of what persons . q mag , charta . c. 38. r s. mat. 10. 12. ſ rom. 12. 14. t gal. 1. 10. u ib. x rom. 6. 16. y s. mat. 25. 30. z defensionem ecclesiae anglic●●ae , that is gone . just ienkins inconven . p. 5. a sir ed coke instit . part 4. c. 1. sect. the matters . b iustice ienkins inconvenien p. 5. c ib. p. 4. d 1 chron. 13. 1. e ib. v. 7. f 2 sam. 67. vzzah died before the ark , for usurping that , which did ▪ not appertain to his vocation● for this charge was given to the priests , gen. note in 1 chron 13 10. g mai. 2 7. h numb . 4 15. i 1 chron. 15. 13. k ib. l ib. m 1 chron. 15. 2. n ib. v. 13. o ib. ● . 12. p ib. v. 1● . q num. 4. 15. r 1 chron. 15. 26. ſ 1 chron. 17. 1. t sir id coke inssit . part . 4. c. 1. sect. the matters . u ib. x iust . ienkins inconven . p 5 ▪ y iust ienkins inconven . p ● . instit . ●●● . 4 ▪ c 1. sect of what persons ▪ z sir ed. coke ib. a 1. cor. 12. 22. 23 b 1 s. p●● . 2 ▪ 21. c lex terrae p. 14 d sir ed coke instit . part . ● c. 1. sect. of what persons . f beda eccles ▪ hist l. 3. c. 7. g bafil . m. ●p . ●1 . h rog. hoveden . in hen. ● . p ▪ 601. i confer . at hampt . court p. 36. & 82. k 2 reg. 13. 14. l 1 tim. 2 : 1. m occumen . in ioc. n ●4 ed. 1 c. 1. & 14. ed. 3. c. 1. o hos . 5. 0 p gen. note in ioc. q hos . 5. 10. r and then why may not the removall of their ecclesiasticall iurisdiction be consented to , as well , if it prove inconvenient & prejudiciall to the church . i. g. p. 4. ſ the abolition of the one , is no more against the oath then of the other . i. g. p. 4. t i. g. p. 4. u in all which respects the oath was invalid ▪ being vinculum iniquitatis . i. g. p. 4. x ib. p. 1. y ib. p. 3. z ib. p. 4. a ib. b ib. c act. 8. 23. d i. g. p 4. e ib. f s mat 19 ▪ 2● . g i. g. p. 4. h ib. i ib. k ib. l ib. m ib. n ib. o ib. p. 6. p haereticus est , ut mea fe●t opinio , qui alicuius temporalis commodi & maximè gloriae principatusque sui gratiâ , falsas ac novas opiniones vel gignit , vel sequitur . aug deutil ▪ credend . c. 1. q i. g. p. ● . r ib. ſ princeps supra legem divinam non est , positailla quippe ab eo est , qui supra ipsum est : neque supra naturalem , quae aboleri non potest nisi cum naturâ ipsâ . io. be daeus de jure regio c. 2. t lex terrae p. 29. u 8. joh. 15. 20 x i. g. p. 5. * all kings by the royall office , and oath of coronation , are obliged to protect their laws and subjects . declarat of the kingd . of scotland . p. 20 y i. d. p. 6. z calv. lex jutid . in verbo ius . a i. g. p. 2. b ingagements to a societie to maintain their rights , indulged for the personall worth of present incumbents , or to promote the usefulnesse of the office : if in their matters they prove prejudiciall to the office , or the succeeding officers by their ill demeanour forfeit them , their ingagement becomes alterable . i g p. 5. c 1 reg 2. 27. d ib. v. ●5 . e gen. ●8 . 25 26. f lactan. instit . l. 6. c. 9. g vbi iusticia ve ra non est , nec ius potest esse . quod enim iure fit , iustè sit . quod autem fi●imustè , nec ●●re fieri potest . aug. de civit . dei. l. 19. c. 21. r see c. 13. sect 13. ſ aug. de civit. dei. l. 2. c. 21. t aug de civit . dei l 2. c. 21. u ib. x aug. ib. l. 19. c. 21. y i. g. p. 5. z of the later sort , is this ingagement to the english clergy . ib. a ezra 6 8 , 9. b ib. v. 11. 12. c ezra 7. 15 , 16. d ib. v. 24. e ib. v. 26. f ezra 1. 8. g ezra 7. 6. h ib. i i. g. p. 5. k cap. 4. 5. l act. 1. 25. m ib. v. 20. n there 's no injustice done to make a law to overrule or alter this ingagement . i. g. p. 5. ●1 sam. 2. 12. 22. p there 's no question of power in the parliament , to overrule it . i. g. p. 5. q 1 reg. 21. 13. 16 r the ingagement were gone in law , though not in equity . the order would be valid in law , though injurious . i. g. p. 5. ſ ib. t ib. u aug. in psal . 145. 6. x tho. 2. 2● . q. 57. 1. 2m . y i. d. p. 6. z aug. in psal . ●45 . 6. a ib. b the kings oath is against acting or suffering a tyrannous invasion on laws and rights , not against a parliamentary alt●ration . i. g ▪ p. 2 c so if there be no injury , the king and parliament may cancel any obligation . i. g p. 5. d ib. e ib. f where there is forfeiture by miscarriage , or the privilege indulged to a ministery , proves preiudiciall : the abrogation will be just . ib. g 1 cor. 9. 7. h ib. v. 11. & rom. 15. 27. i if we have sowen unto you spirituall things , is it a great thing , if we shall reap ▪ your carnall things ? 1 cor. 9. 11. k act. 20 34. & 1 thes . 2. 9. 2 thes . 3. 8. l 2 cor. 11. 8. m 1 cor. 9. 4. n 2 thes . 3. 9. o 2 cor. 12. 13. p the privilege indulged to a ministery ( which ought to hold nothing but for publick good ) proves predudiciall . i. g. p. 5. q ● . d. p. 114. &c. r mag ▪ char. c. 1. ſ rog hoveden in hen. 2. p. 601. t ib. u prefat . de non temerand . eccles . x i hope , they will not be so tenacious of their wealth and honor , as to let the crown run an hazard , rather then lay down their miters , and indanger the whole land to be brought to nothing , rather then themselves to moderation i g. p. 5. a in cod. edgar● apud selden . in notis . ad eadmer . p 159. n. 10. b ersi abbas , vel fratrum aliquis , incitante daemone , reatus quippiam contraxerit ; quia deus , qui hanc privilegii largifluam donationem locumque cum universâ monachorum familiâ , ruraque omnia sa●io subiecta coenobio possidet , nunquam rea●um commisit , nec ullo unquam tempore committet . sit igitur prae●ata libertas aet●rn● , quia deus libertatis possessor aeternus est . ib. c act ▪ 1. 20. y take it at the worst , it is but for the king to get the clergies consent i. g. p. 5. z no injurie done to him , that consents . a jonah 1. 12. b ambros . orat . in auxent . de basil . tradend . ep . l 5. c tradere bafilicam non possum , sed pugnare non debeo . ambros , ep . 33. d ambros . orat . in auxent . de basil . tradend . e act. 5. 1. &c. f ib. v. 4. g s. mat. 22. 21. h s. luk. 23. 33. i i. g. p. 6. k ib. l s. luk. 10. 30. m to abolish prelacy , and seize the revenues of prelates , to private , or civill interest , undoubtedly could neither want stain , nor guilt , such kind of impropriation as happened in the dayes of h. 8. was cried out of , all the christian world over . i. g. p. 6. n ib. o who knows not the great defect amongst us , of congruous maintenance for ▪ parcchiali pastors , by whom the work of the ministery is chiefly to be performed , i. g. p. 6. p c. 4. & 5. q if those large revenues of the prelates were diverted ●o supply with sufficient maintenance all the defective parishes in england , there would ●e no danger of sacrileg● i. g. p. 6. * numb . 16. 38. r levit. 27. 28. ſ gen. note in levit. 27. 2● . t caiet , in levit. 27. 28. u jos . 7. 25. x ib. v. 11. y i. g. p. 6. z euseb . hist . l. 1. c. 35. sozom l 1. c. 8. a euseb . hist . l. 7. c. 24. b cypr ep 56. 36 60. 61. c mat westminst . an dom 187. d possed , de vitâ . august c 1. e aug ep . 225. f aug. ep . 224. g possid . de vitâ august . c. 23. h ib c. 24. i ib. c. 25. concil . antioch . can . 25. k cypr. ep . 38. & concil . chalced. can . 26. * concil . anti. och . can . 25. l concil . ancyr . can . 15. m act. 4. 34. 35. 37. & 5. ● . n act 6. 3. o ib. p 1 tim. 5. 17. q 2 cor. 1● . 14. r 2 tim 2. 2. ſ 1 tim. 1. 3. t 1 tim. 6. 3. 5. u 1 cor. 5. 11. x 2 joh. 10. y possid . de virâ august , c. 25. z i. g. p. 6. a ib. b prefat . de non temerand . eccles . c i. g p. 5. d i. g. p. 6. e ib. f deut. 23. 18. g theod. hist . l. 3. c. 11. h ignat. ad rom. p. 250. hieron . damas . ep . 57. 58. basil . m. ep . 292. cypr. ep . 3 n. 6. & ep . 38. n. 3. i concil . antioch can . 9. 19. christ . justellus in cod . eccles . univer . can . 88. k tit. 1. 5. l that , by , or for which , any thing is made so , is more so . m solemn league and coven . n. 4. n i. g. p. 9. o sol. league & coven . n. 2. p i. d. q tit. 1. 5. r cypr. ep . 37. n. 1. ſ ephes . 2. 20. t cypr. ep . 65. n. 3. u prov. 28. 24. x concil . chalced . can 25. y a work , for which following generations should not need to pity the king , as put upon it by misfortune : but rise up , and call him blessed , whose many other disasters ended in so good , and so usefull a work . i. g. p 6. z 1 sam. 15. 24. a ib. ● . 26. b you see the ingagement put upon the king , is but to his power : as every good king ought inright to protect and defend the bishops & churches under their government . i. g p 8 c isa . 40. 22 d i answer from the expressions in the oath it self , a● they are set down by the same author . i. g. p. 8. e sir ed. coke proem . in mag. chart. f psal . 80. 13. g ib. v. 25. h such power is no further , then he can do it , without sinning against god , and being injurious to the rest of his people . i. g. p. 8. i rom. 13. 1. 4. k when he hath interposed his authority for them , and put forth all the power he hath to preserve them : he hath gone to the extent of his power , and as far as good kings are bound in right . i. g. p. 8. l confer . at hampt . court. p. 36. m s. mat. 27. 4. n if after all this he must let them fall , or support them with the blood of his good subjects . i. g. p. 8. o and those unwilling too , to ingage their liues for the other privileges . i. g. p. 8. p jud. 3. 9. q nehem. 6. 17. 18. 19. r 1 cor. 9. 11. ſ iud. 17. 7. t ib. v. 10. u mag. charta c. 37. x i. g. p. 6. ● y 25. ed. 3. * concil . chalced . can . 24. z statut. de provisor . 25. ed. 3. a stat. of the clergy . 14. ed. 3. 1 b mag. charta . c. 37. c ib. d i. g. p. 8. e that were to be cruel to many thousand , to be indulgent to a few , i. g. p. 8. f i. g. p. 8. g i think , none will affirm it . i. g. p. 9. h mag. charta , c. 37. 38. i sir ed coke in litleton . l. 2. sect. 139. k sir ed coke in mag. chart. c. 1. l statute of armour . 7. ed. 1. & 1. eliz. 3. m such is the case with the king in this particular . i. g. p. 9. n i. g. p. 9. o if the king should be peremptory in deniall , what help would this be to them ? such peremptorinesse in this circumstance might in danger his crown , not save their mitres . i. g. p. 9. p s mat. 10. 28. q hebr. 10. 31. r vsque adeò peccatum voluntarium malum est , ut nullo modo sit peccatum , si non sit voluntarium . aug. de vera relig c. 14. ſ deut. 22 26. t ib. v. 25. t though it be in his power to deny assent to their abolition , in a naturall sense , because voluntas nonpotest cog● ; yet it is not in his power in a morall sense , because he cannot now deny consent without sin . i. g. p. 9. u aug. de fide cont , manish c. 9. x hoc habemus in potestate , quod cum volumus , possumus . aug. cont maximin . l. 3. c. 14. * far are we from taking away his negative voice . exact collect , of remonst , & declarat , p. 727. x i. g. p. 9. y rom. 4. 15. * declarat . of the kingd . of scotland . p. 19. z lexterrae . p. 14. a ib , p. 29. b i hope they will not be so tenacious of their wealth and honour , as to let the crown run an hazard , and indanger the whole land. i. g. p. 5 , c that the revenues be divided to maintain a preaching ministery . i g. p. 4. d num. 16. 2. c num. 16 , 16. 17. 35. f ib. v 2. g ib. v. 3. h ib. v. 7. i ib. v. 9. 10. k ib. v. 40. l ib. v. 42. m ib. v. 41. n ib. v. 49. o numb . 7 8. p ib. v. 10. q psal . 54 7. r ib. v. 8. ſ that was to set up t●o supremacies . i , g. p. 3. t i. g. p. 9. u 3 eliz. 9. &c. x that the supremum jus dominii , even that , which is above all laws , is in the king , which , under favour , i conceive , in our state is a manifest error . i. g. p. 9. y i. g. p. 9. z rex non parē habet in regno suo . bract. temps . el. 3. l. 4. c. 24. sect. 5. a 1. s. pet 2. 13. 14. b tertul. ad scap. c. 2. c tertul. apol. c. 30. d optat. l. 3. e 16. rich. 2. 5. f 24. hen. 8. 12. & 1. eliz. 1. g 1. eliz. 1. h chrysost . theodoret . theophilact . occum . in rom. 13. 1. i act. 25. 10. k ib. v. 11. l act. 26. 32. m hug grot. de jure belli l. 1 c. 3. sect 7. n atnob . in psal . 51. 4. o eccles . 8. 4. p psal 51. 4. q instit . of a christ man fol 86. the supreme and soveraigne prince hath none between him and god , representing the person of god , executing his office , and in this respect bearing his name : to whom onely he is accountable dr. corn burgesse , fire of the sanct. p. 263. r rex solus , omnium subditorū , tam laicorum , quam ecclesiasticorum , in suis ditionibus supremus est dominus commo fact . & postulat ●●g . cogni p 38 ſ arnob. in psal . 51. 4 t 24. hen. 8. 12. & 1 eliz. 1. u sir rob. cotton . p 5. x 1. eliz. 3. y 16. ri● . 2. 5. z 1. eliz. 1. b sir ed coke instit . l 4. c 1. sect. the severall forms c i. g. p. 8. d rot. clausa . an. 59. hen. 3. e sir rob cotton , p. 3 , f sir ed. coke in litleton , l 2 sect. 164. g sir rob. cotton p. 8. h i. g. p. 9. i rot. claus . an. 59. hen. 3. k speed in ric. 2 , c. 13. n. 102. l sir ed. coke in sti●l 4 c. ● . sect how parliaments succeed . m 12. ed. 4. 3. & 2. men. 5. 6. 9 ▪ n 13 eliz. 2 ▪ & 27. eliz 17. o sir fd. coke in litleton , l. 2. sect. 140. p praesumitur rex habere omnia jurain scrinio pectoris sui . ib. q i. g. p. 9. q the houses of parliament without the king cannot enact any laws . declarat ▪ of the kingd . of scotland p 19. r bract. temps . h. 3. l. 4. c. 24. sect. 1. ſ ●lowd ▪ 234. 242. t bract ib. u ib. x lex . terrae : p. 4. y bract. temps . h. 3. l. 4. c. 24. sect. 5. z ib. a 3 ed. 3. 19. b lex terrae p. 7. c nee regna socium ferre nec tedae queunt . d sir ed coke reports , part . 2. magd. college case . e i. g. p. 9. f sir rob. cotton . p 1. g ib. h sir ed coke in litleton , l 2. sect. 164. i sir rob. cotton p. 8. k ib. p. 9. l ib p. 11. m sir ed coke in litleton , l. 2. sect. 164. n sir rob. cotton p , 3. o ib. p the supremum jus dominis , that is over all laws , to make or disanull them at pleasure , is neither in the king , nor in the houses aparti but in both conjoyned . i. g. p. 9. q in his proclamation before the book of common prayer . r illud exploratissimum est , leges patrias aut mutare , aut ad earum obsequium sese non accommoda ▪ re , negotium semper cum periculo fuisse conjuncti●simum . smith , de repub. anglorum l. 1. c. 5. ſ psal . 80. 5. 6. t i. g. p. 9. u ib. x potentia sequi debet ●u●●ti●m , no● praeire augde trin l. ●● . c. 13. y the forms or acts of parliament sometimes beein with concessimus , or statuit rex and of latter times laws and statutes begin , as deinz enacted by the king , &c declarat . of the kingd of scot and , p. 19. * nat brev. tit . pro●ection fol 28 z p●u●imum ●acit ad populum corrigendum multorum in unâ re sententia atque consensus . hieron . in gal. 1. 2. a sir ed : coke in mag chart. c. 1. b sir ed. coke in litleton , l. 2. sect. 139. c notit ▪ imperii orient . c. 159. d lex terrae . p. 5. e this oath to the clergy , cannot ingage him against the legall privileges of the people , or parliament i. g. p. 9. f i. g p. 5. 6. g ib. p. 9. h i. g. p. 9. i rom. 137. k one of which is to be ready , by confirming needfull bills to relieve thē against whatsoever grievance they suffer from any . i. g. p. 10. l 25 ed. 3. 2. m 1. s. ●et . 2. 14. n apud jo. coch in notis ad maccoth c. 1. n. 31. o thus i think the case is sufficiently cleared , that notwithstanding the kings oath to the clergie at his coronation , he may consent to the extirpation of prelaey out of the church of england . i. g. p. 10 p ib. p. 9.