The seasonable case of submission to the church-government as now re-established by law, briefly stated and determined by a lover of the peace of this church and kingdom. Honyman, Andrew, 1619-1676. 1662 Approx. 109 KB of XML-encoded text transcribed from 24 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A44304 Wing H2602 ESTC R4312 13469702 ocm 13469702 99668 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. A44304) Transcribed from: (Early English Books Online ; image set 99668) Images scanned from microfilm: (Early English books, 1641-1700 ; 790:8) The seasonable case of submission to the church-government as now re-established by law, briefly stated and determined by a lover of the peace of this church and kingdom. Honyman, Andrew, 1619-1676. 46 p. Printed by Evan Tyler ..., Edinburgh : 1662. Written by Andrew Honyman. Cf. Wing. Caption title: The case anent submission to the present curch-government re-established by law, stated and considered. "Published by order." Errata: p. 46. 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. 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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 Church of England -- Government -- Early works to 1800. Church and state -- England -- Early works to 1800. Church and state -- Early works to 1800. Church and state -- Church of England -- Early works to 1800. 2005-10 TCP Assigned for keying and markup 2005-10 Aptara Keyed and coded from ProQuest page images 2006-06 Ali Jakobson Sampled and proofread 2006-06 Ali Jakobson Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion The seasonable CASE of Submission to the Church-government , As no● re-established by Law , briefly stated and determined : By a Lover of the peace of this CHURCH and KINGDOM . 1 Sam. Chap. 15. 22. Behold , to obey is better then sacrifice . Confess . Suec . Cap. 14. Civilibus legibus , quae cum pietate non pugnant , eò quisque Christianus paret promptiùs , quò fide Christi est imbutus pleniùs . Published by Order . EDINBURGH , Printed by Evan Tyler , Printer to the Kings most Excellent Majesty , 1662. The Case anent submission to the present Church-government , re-established by Law , stated and considered . THe exceeding great bitterness of the continued and increasing sad distractions amongst the people of God , to the hindrance of their edification in faith and a godly life , with charity and peace amongst themselves , should put all the Ministers of Christ to most serious thoughts , in considering how far they may , under the present dispensations of God , without sin , accommodate in following unquestionable duties , with , and under , the established Government of the Church . And although , as to a cordial allowance of the present change , they cannot yet attain , something remaining , whether of scruple or affection , which maketh it unpleasing , and their concurrence with it , to ly heavy upon their spirits ; yet , if there be found no manifest transgression in concurring under the same , in matters of unquestionable duty , they would wisely put difference between gravamen spiritus and ligamen conscientiae , something in the will that rendreth them averse , and the prevailing clear light of a well-informed conscience , ( to which , how uneasie it is to attain in this point of controversie , they can tell who have truly tryed it ) binding them up from concurrence , as a thing in it self unlawfull . Men , who walk in the fear of God ▪ and are zealous of His honour , had need to be very jealous of their own zeal , that it carry them not to the rejecting of a real duty , which ( to their apprehension ) sits too near a sin : Ministers , whom sober-mindedness doth greatly become , would look to it , that the censure of a grave Divine upon the spirits of our countrey-men ( praefervidum Scotorum ingenium ) do not too much touch them . It is their duty to advert , lest , at this time , too great animosity contribute to the laying of the foundation of a wofull division , to be entailed to the generations to come ; the evil whereof will preponder all the good that any one form of Church-government can , of it self , produce , viz. the dishonour of God , the weakning of the cause of the true protestant Religion , against the common adversaries thereof ; the destroying of true charity and love amongst the people of God , the hinderance of their profiting under the several Ministries they live under , and the creating continual confusions and distractions in the Common-wealth ( the ordinary fruit of schism in the Church ) as too lamentable experience ( whereof we carry the sad marks to this day ) hath taught us . 1. That there may , and ought to be , a brotherly accommodation and concurrence in matters of practice , which are undoubted duty , ( albeit Brethren be of different judgments anent the constitution of Meetings , or capacity of persons that act in these duties ) grave and learned men have put it out of question . It is well known , that in the Assembly of Divines at London , accommodation was mainly laboured for ( and far carried on ) between Presbyterians and Independents , that they might concur in common Actings for regulating the Church , with a reserve of liberty of their own several principles . The Independents thought the Presbyterians had no judicial Authority in these Meetings . The Presbyterians , though accounting this an errour , yet , were willing , in common unquestionable duties , to concur with them . Also , several of the most eminent Presbyterians in England , as Mr. Viner , Mr. Baxter and others , accounting of un-preaching Elders , as of an humane device ( as now the Office of a Bishop is accounted of by many Brethren ) Yet , not being able to attain to the exercise of presbyterial Government , without the intermixture of these ; yea , of them , double the number to preaching Presbyters in each Meeting , ( which gave them an overswaying power in the Government ) notwithstanding they did concur with them in matters of unquestionable duty . Is it not also well known , that amongst our selves in this Church , Brethren did ordinarily concur in Synods and Presbyteries , in doing their duties with these whom they charged with a sinfull schisme ? ( a thing as much against the Covenant , as that which is now pretended for withdrawing from the Meetings of Synods and Presbyteries . ) And when Brethren , thus charged , did withdraw their concurrence in some duties , by several passages in that Paper , entituled , A Representation of the rise , progress and state of the Divisions in the Church of Scotland , how that practice of theirs was constructed of , pag. 21. it is affirmed that they homologate with the tenet and practice of Separatisme , denying the lawfulness of concurrence in a lawfull necessary duty , because of the personal sin of fellow-actors in it . And , pag. 28. speaking of their refusing to own the Judicatories as lawfull , because the men whom they judged to be in a course of defection ( the Commissioners of the Church they meant ) were admitted to sit there , it is said by the Representer , that it is a principle that draweth very deep : for , ( saith he ) by parity of reason , they must not joyn with any inferiour Judicatories where they are , nor in any lawful act of Religion or Worship , more then in an Assembly . May not much of this be applyed to the present Withdrawers from concurrence in necessary duties ? Mutato nomine , de te , &c. It will be said , there is a great disparity between those Commissioners and the Bishops , who are looked on as new unwarranted Officers in the Church ; and therefore , albeit there may be now reason for withdrawing from Meetings where they are , there was no reason for withdrawing from Assemblies where these Commissioners sate . But , ( not to divert to a dispute here , whether the Office of a Bishop be new , or unwarrantable , or lesse warrantable then the Office of these Commissioners , which wise men looked upon as very like episcopal ) there is herein a parity , that as these now are judged , so the other were judged by the Excepters against them , to be in a course of defection , and unlawfully officiating as members of the Assembly . And yet , were these Quarrellers reproved for withdrawing from the general Assembly upon that account ? Should not that reproof be taken home in the present case , by such as withdraw from Meetings of the Chruch ? why should there be divers weights , and divers measures used in such parity of cases ? Again , it is asserted , ( pag. 37. ) to be a divisive principle , that men will not concur in lawfull duties , because these , with whom they joyn , will not come up to their judgment in all other things : Ibid. They challenge them for refusing to joyn in an uncontroverted duty , because the direction to it flowed from the authority of an Assembly , which they could not own : It were good that these former principles , were better remembred and used in the present case . Further , the Presbytery of Edinburgh ; in their Paper , printed , Octob. 5. 1659. ( pag. 8. of that Paper ) speak very soberly , disclaiming it as none of their principles , that no difference of opinion can be suffered by them . We are ( say they ) clear , that in many things of common practice in a Church , there may be agreement by accommodation , though differences of judgment remain , &c. Again , say they , we readily yield , that , as we prophesie but in part , men in a Church may compose debates by putting end to contentions , though they be not all of one judgment ; and therein we judge the Apostle hath set the rule before us , 1 Cor. 11. 16. A Golden Rule indeed , the practice whereof , in its just sense , might bring us much sweet peace . But , not to insist upon the judgments of learned men concerning the Case of submission to , and acting in duties , with Meetings , anent the constitution whereof , or members , there may be some difference in judgment . If we will hearken to a man , greatly learn'd , and known to be no great friend to Bishops , we shall hear him perswading to obedience and submission to them in things lawful . Theodore Beza , being written to by some Ministers in England , who excepted against some customes in the discipline and order of that Church ( their controversie had not then risen so high , as to strike at the Office of Bishops ; only some customs in discipline and ceremonies in external order , were most stood upon . ) He , ( Beza Epist . 12. ) though disliking these things ; yet , plainly averres to them , that these customes are not tanti momenti , as that for these they should leave their ministry , and by deserting their Churches , give advantage to Sathan , who seeketh occasion to bring in greater and more dangerous evils : He wisheth them there to bear what they cannot amend , to beware of all bitterness : And albeit they could not come to be of the same mind with others ; yet , with a godly concord to resist Sathan , who seeketh all occasions of tumults and infinit calamities . And he doth most gravely obtest the Ministers ( with tears ▪ as he saith ) Vt Regiae Majestati ▪ & omnibus Praesulibus suis ex animo obsequantur . Beza pleads for hearty obedience ( in things lawful ) to the Bishops , of whom he speaks honourably in that Epistle ; not hinting at the unlawfulness of their Office , nor offering to perswade the Ministers to do against their Office : Sunt maximi viri ( saith he ) qui singulari Dei Opt. Max. beneficio papisticis Episcopis successere : He accounts not them nor their Office popish ; but saith , By the singular mercy of the most great and good God , they have succeeded the popish Bishops , or come in their place ; even as , by the singular mercy of God , protestant Ministers have come in the place and room of popish Priests . And how well he esteems of the Office and of the men in the Office ( likely abating somewhat of his peremptoriness in the heat of dispute with some , as he had cause ) may appear not only by what he saith in that Epistle , exhorrescimus ut contra Regiae Majestatis & Episcoporum voluntatem , ministri suô ministeriô fungantur : But from his Epistles to Grindal Bishop of London , Epist . 23. commending Grindals Christians patience and lenity , addeth , Majori posthac paena digni erunt qui authoritatem iuam aspernabuntur , closing his Epistle , Deus te custodiat , & intan●● commisso tibi munere sancto suo spiritu regat , & magis a● magis confirmet . And in his 58. Epistle , to that same Bishop , he saith , Dominus te istic ( at London ) speculatorem & judicem constituit . By all which , it may appear , that it would have been far from Beza's mind , that Ministers should give no obedience to Bishops established by the Laws of a Kingdom , not so much as in things undoubtedly lawful , or that they should have refus'd concurrence with Bishops in ordering the Church , and acting in unquestionable duties . 2. The present Question , concerns the case and carriage of two kind of Ministers . 1. Some refuse to come to Synods ( although called by the Kings Majesties command , signified by His most honourable privie Council ) where Bishops do preside . They refuse also to come to Presbyteries , where a Moderator , pretending no more power then any of themselves , presides , being nominated by the Bishop in the Synod , to continue till the next Meeting of the Synod . Such Meetings they withdraw from ; albeit nothing be required of them , but to act in unquestionable duties , for regulating the Church , and suppressing , according to their power , of sinful disorder ; albeit there be no imposition upon their judgments , nor subscription required , nor declaration that they allow any thing they count amiss in the constitution of these Meetings , or any constituent members thereof ; Yea , where it might be permitted to them ( if they intreated for this ) to case their conscience by signifying their scruples ( which they cannot overcome ) anent the constitution of these Meetings , or anent the members thereof , so be they would do this with that inoffensive modesty , humility and respect to the supreme Authority and the Laws of the Land , and to such Meetings and the members thereof , that becomes ; and after that , to concur in their undoubted duties : Concerning such Ministers , the question is , whether they may and ought to concur with such Meetings of their Brethren , in carrying on their undoubted duties ? or , if it be unlawful so to do ? 2. The other rank of Ministers are these , who , falling within the compasse of the Act of Council at Glasgow , and of Parliament whereto it relates , do rather choose to part with their Ministry then to seek a Presentation from the Patron , and Collation thereupon from the Bishop ; yea , who will quit their Ministry , rather then that they will once come in terms of treating with a Bishop , to try upon what conditions they may have the liberty to enjoy their Ministry , and to serve God therein for the good and salvation of his people . 3. As to the case of Brethren of the former sort , several things are worthy their most serious consideration , which may render them somewhat jealous of the unwarrantableness of their present way . 1. Hath not the Supreme Magistrate ( even according to their own principles ) an undoubted power to convocate Synods when he sees it needfull ? Never were there any protestant Ministers ( no nor christian Ministers ) before this time , who , being convocated to a Synod or Church-meeting by the Soveraign Christian Magistrate , did refuse to come at his command ; Nor is there any rank or degree of Subjects that can , without the stain of sinful disobedience , refuse to meet upon His Majesties command ; and Ministers cannot plead exemption from the common duties of Subjects . 2. Brethren would consider , whether it would prove a sufficient ground to justifie their not-coming to the Synod upon His Majesties command by His Council , because that command to come to the Synod , is joyned with another , commanding to concur dutifully , &c. And the command to come , is only in order to the required concurrence , which they cannot give , as they say . Is this rational , that where two commands of the Magistrate are joyn'd , the one undoubtedly lawful to be obeyed , the other doubted of , that Subjects should disobey the Magistrate in that which is clearly lawfull , because they have a doubt or unclearness anent obeying him in the other command ? Doth it not become Subjects to go as far on in obedience to lawfull Authority , as they see they may without sin against God ? Then it is time to stop when any thing is put to them by vertue of the Kings Command , which they clearly see they cannot do without sin . Had they come to the place , it would , pro tanto , have shewed their respect to Authority , albeit they had humbly declared themselves bound up from acting by their doubts . And yet , it may be , they will in end find , that they might lawfully have concurred in unquestionable duty , that there was no ground to refuse this ; and that they might have sufficiently salved their Conscience by a humble signification of their scruple , as was said , and yet not refused to concur in undoubted duties , for the personal fault ( as they apprehend ) of any member of the Assembly . 3. What ground could they have for separation from the Synod ? Is it the want of liberty to choose a Moderator ? Or , Is it that he that presides , is a Bishop , and claims more power then they can allow , more then they think is due , as of a negative voice ? Or , Is it the want of unpreaching Elders in the Meeting ? As to the , 1. Are they able to shew that every ecclesiastical Meeting or Judicatory hath , by a dvine scriptural Right , a priviledge to choose their own Moderator ? Where is there any Precept for this ? or any example of such election in Scripture ? If all Meetings of ecclesiastical Judicatories have this priviledge , then also their Sessions ( where they take upon them to be constant Moderators ) have this also , which , belike , will not please them well , that any of the Meeting but themselves should be chosen there to preside ; or , can they say , that every ecclesiastical Meeting or Judicatory , hath this priviledge by a divine natural right ? If so , no civill Society or Judicatory should want it ; but all claim power to choose their own Presidents , which were evil doctrine under a Monarchy , where power is in the Prince to elect and name Presidents for Council , Session , &c. Or , are they able to demonstrate , that it is not lawful for the Christian Magistrate , upon whom the external ordering of all the Judicatories in his His Dominions depends , to nominate out of a Meeting of Ministers , conveen'd by him , one grave and godly Minister of the number , to order the actions of the Meeting , and by his Authority to controll the unruly ? Can it be made evident , that the ancient Christian Councils , general or provincial , ( though they had ecclesiastick Presidents ) did alwayes formerly choose their own President ? Presides ecclesiastici in vetustis Conciliis , nonnunquam nominati ab Imperatore , saith Zepperus , Eccles . Pol. p. 742 , As to the second , The great exception is at the power of the Presidents of the Synods , they being Bishops , claim in undue power as if Authority solely resided in them , at least they claim a negative voice . Ans . 1. Were it so , and were this a fault ; yet , it were not their fault who concur : the personal fault of another cannot be any good ground for Brethrens withdrawing from their necessary duty , especially it being considered what might be allowed them , for easing the scruple of their Conscience , as was above said . If I be only admitted to consult in regulating the affairs of the Church , in a Meeting where I think I should have equal authority with any that sits there , Can it be sin in me to go so far in my duty , as I am permitted to do , to testifie against sin , to give my best counsel for suppressing thereof , and for advancement of holiness ? If I be abridged and restrain'd as to that authority , which I think is due to me , it is the sin ( if there be any ) of these who do restrain me and not mine ; shall I do no part of my duty , because I cannot do all that I think I ought to do , being , as to some part of it , restrain'd by another ? But Secondly , Is it not granted by most judicious Divines , that Presbyters ( having a power in several cases to suspend the exercise of their own just authority , when the suspension of it tenderh to a publick good ) may for the peace of the Church , resolve to give to one person of their number a negative voice in Government , so as to do nothing without him ? Baxt. Church gover . pag. 18. And excellent Mr. Vines ( when at the Isle of Wight , the King could not be brought off that , that in Meetings of Presbyters there should be one , under the name of Bishop , with a negative voice ) did counsel both Presbyterians and Independents to accept of the concession , as they would not have all the blood , miseries and confusions that after might ensue , laid at their door . See his considerations on the Kings Concessions . Whatever may be said of that negative voice ; the law of the land putting Bishops into a stated presidency , and yet Presbyters being admitted to rule with Bishops , judicious and sober men would not lay so great weight on it , as to refuse their concurrence in common and uncontroverted duties upon that account . But yet , one thing would be remembred , that Brethren are at a very clear disadvantage in withdrawing from presbyterial Meetings , where they know the Moderator doth not , nor can claim more power then any of themselves . All the ground of their not concurring with these Meetings , must be , that they do not choose the Moderator in their particular Presbyteries : But he is nominate by the Bishop 〈◊〉 the Synod ; and yet , in all reason , the authority and consent of Bishop and Synod , should conclude any particular Presbytery . Do not Brethren remember , that in time of the Commission of the Kirks ruling , there were restraints laid upon Presbyteries in matters far higher and weightier concernment then that , and little dinn about the same ? But thirdly , if the Brethren refuse to concur with the Synods for want of unpreaching Elders there , whose Office they account of divine institution , they would remember , that great Divines of the presbyterian way , Blondel , Vines , Baxter , and many others look upon these as an humane device ( and their reasons moving them , are weighty . ) But let them be as they are imagin'd by the Brethren ; yet , can the removal of these , without out their fault , render it unlawful for them to concur in a Synod of Ministers where these are not ? Can the absence , or removal of these ( supposed ) Church-officers , render a Synod of Ministers , with their President , unlawful and not to be joyned with ? because other men are debarred from their duty ( they are supposed to have right to ) shall we run from our duty , especially this being done without our fault ? A fourth thing the Brethren would consider anent their refusal to concur in Synods and Presbyteries , before it was hinted at , and it is this . They have , for many years , concurred in doing common duties in Presbyteries and Synods , with these , whom they looked upon as fixing a sinful schisme ( as the other , they charged them with apostasic from former principles ) yet , with these they concurred in common duties , so far as they could get their concurrence , and complained of their separating way when they refused . And were they not bound against schism and the makers of it , by the Covenant and Word of God too , as against any thing else that is now made the pretence of separation from the Judicatories ? Fifthly , Brethren would consider , if in this their present practice , they do not fall short of the moderation and wisdom of their worthy Ancestors , with whom they pretend to be of of the same judgment , who choosed rather to concur with such Meetings as these ( though not satisfied with their constitution ) in governing the Church , and doing unquestionable duties , then altogether to desert them , or make a schime and ruin the peace of the Church . Some say to this , they were but men , and erred in so doing ; but they are not angels that say so , nor without danger of erring ; they were men of conscience and learning , and more unlike to have erred in this their way , then these who say they erred and prove it not . Some alledge a disparity between the case of Ministers then and now , upon the account of clearer engagements against Episcopacy by Ministers now , then by them who lived in these times , and upon the account of the standing of Synods at the time when Bishops were brought in upon them , in our Ancestors dayes ; whereas now they were not standing , when Bishops are brought in but raised , and sit now as holding and depending upon Episcopacy . It shall not be denyed there is some disparity and difference between the case of Ministers now and then , simile non est idem ; but any difference that is observed , is impertinent and not material to this purpose , to make the concurrence in these Synods now , to be unlawfull , which was to our Ancestors lawfull ▪ For , as to the former ground of disparity , it is certain , Ministers then accounted themselves as really bound against the allowance of episcopal Government , both by the Covenant and by the Word of God , as any do judge themselves engaged against it by late Bonds : whether they did mistake in this or nor , we say nothing ; but , that they did so judge , it is out of question ; and yet , they thought their practice , in concurring in all lawfull matters in Synods and Presbyteries , consistent enough with their judgment , touching Episcopacy and their Bonds against it . And as to the latter of these differences , it can be nothing material , as the rendring concurrence with Synods and Presbyteries now , unlawfull , which then might be lawfull : For , the Meetings now and then are of the same constitution , nothing altered . Nor is there any thing in these Meetings to affright from concurrence in them now , more then at that time ; nor any more holding of , or dependency on Bishops now , when the King's Majesty hath taken off the restraint which for a time He put on , then if He had not at all restrained them , neither any more then was of these Synods and Presbyteries , which of old did sit when Bishops were brought in upon them . Neither is it likely , that Ministers , who now refuse concurrence , would have given it , had their Judicatories not been restrained from meeting . This seems a very bare pretext . Sixthly , Brethren would consider well , if in refusing to concur with their Brethren in undoubted duties ( where they may salve their consciences by humble , modest expressing what they judge amiss ) they do not run themselves either upon the rock of ecclesiastical Independency , in their several Congregations , in administration of Discipline , ( if they mind to have any Discipline at all ) or , to combine in clandestine Presbyteries of their own , which they may consider how either it shall be taken by the christian Magistrate , or how it shall rellish of that spirit of unity and love that should be amongst Christ's Ministers ; and whereaway in end this principle of division from their Brethren , in unquestioned duties , may lead them ; whether to divide also from their Brethren in the worship of God , and to teach people so to do , ( somewhat of this is already seen ) and to endeavour the fixing of a perpetual schisme , the seeds whereof are sown with too much animosity . 4. Now cometh to be considered , the case of such Brethren of the Ministry as choose rather to quit their Ministry then once come in termes with these , upon whom the Law hath settled a power , to order them in the exercise of the same . It would be most seriously thought of , whether it be right , that any Ministers of Christ should set their Ministry , the service of God , the benefit which the Lord's people might have by their good gifts , ( to say nothing of the interest of their families ) at so low a rate , as not to have used all lawfull means ( trying at least upon what termes they might enjoy their Ministry ) before they had fallen upon that extremity to desert it . If any man will say , it is no lawfull mean to speak with a Bishop in that matter , though it might tend to his continuance in the Ministry ( and perhaps might be , in some measure , disappointed in his fears ) he had need to examine well , whether conceit or conscience ruleth most there ; and to think of it , how he can justify the deserting of his Ministry , without the utmost essay to hold it . It must be confessed , that it is a new and rare Case , that men will rather embrace suffering then once speak one word to persons intrusted with power , by the Law of the Land , ( whatever they be ) to try at them , upon what termes they might be permitted to preach the Gospel . The comfort ( it is to be feared ) of suffering , upon such an account , will not run very clear . But , it will be said , the thing that is stuck at , is the canonical Oath , enjoyned by Law , and which the Bishops will require : this , some say , they cannot take , conceiving it contradictory to the Covenant and to the Word of God. But , 1. Such as have not so much as come in termes with the Bishops , and of whom that Oath , or Promise , hath not been particularly required , seem to leap too soon to suffering , before it come to them : and before they had tryed , if possibly there might have been relevant grounds for dispensing with the Law towards them . Had they been personally put to take that Oath ; and if so , there could be no dispensing with them , nor they able to digest that Oath , then they had more clearness in their undergoing suffering . 2. As to contradiction to the Covenant , if Timorcus ( pag. 37. ) may be believed ( and he seems tender in the matter of others ) there is no contradiction between the canonical Oath and the Covenant ; he maintains , that the Ministers , who of old took the canonical Oath , did not swear the contradictory thereto when they took the Covenant : whence it will follow necessarily , that they who have taken the Covenant do not contradict that Oath , if they should take the Oath of canonical Obedience : and indeed it will be hard to find out a contradiction , either in termes , or by necessary consequence . But , if the obligation of the Covenant , as to that second article , shall be found to cease , ( whereof afterward ) the lawfulness of the other Oath will be clearer . 3. It would be considered , that the Reverened Persons , intrusted by Law to call for that Promise from Ministers , do not search into mens apprehensions concerning the grounds of their power ; all they seek , is obedience to them in things lawfull and honest , as being presently in power , being , by Law , ordinary Overseers of the Ministry in their duties , and chief Ordainers of them who enter into the Ministry . But , it is said , where obedience is promised , there is an acknowledgment of the lawfulness of their Power , Office and Authority ; because , obedience formally cannot be but to a lawfull Authority : therefore , he that in his conscience thinketh a Bishops Office unlawfull , cannot so much as promise obedience to him in things lawfull and honest , lest , by his taking such an Oath , he make himself guilty of establishing that which he accounts unlawfull . But , 1. it is not obedience under a reduplication , and as formally obedience , they call for ; if it be obedience materially , Ministers doing their duties in things really lawfull , they are satisfied . 2. Suppose it were so , that obedience , as formally obedience , were required ; yet , it were hard to say , it could not be promised , or that it could not be acknowledged , that they have any lawfull Authority : for , waving the consideration of any ecclesiastical Office , wherein they may pretend to be superiour to other Ministers ; and giving ( but not granting ) that as Church-ministers , their Office and superiority were unlawful ; yet , looking upon them as the Kings Majesties Commissioners in Causes ecclesiastical for regulating the external order of the Church in their several bounds , and impowred by the law of the land so to do ( they being also Presbyters , and having power with others in Ordination and Jurisdiction ecclesiastical ) it will be hard to say , that their power is not lawfull , and that obedience is not due to them . The strictest Presbyterians , will not find ground to disown their Office in that consideration . There are three things mainly , which bear off Brethren of both these sorts and ranks , from submitting to , and concurring in their duties under the present Government , 1. Their fears of future evils . 2. Their present thoughts of the unlawfulness of the Office of a Bishop over Presbyters in the Church . 3. Their former Engagements by the bond of the Covenant , which they conceive still binds them . As to the first , their fears ; there can be no sufficient ground in these to bear them off from that , which , for the present , is found to be their duty : If evils feared , should come , and Brethren , in conscience toward God , not able to comply with them , then suffering might be the more comfortable ; but the gracious providence of God , watching over his Church , the goodness and wisdom of our Soveraign , and of Rulers under him ( considering the temper of this Nation ) may make all these fears vain , and disappoint them ; and it is not for us to be too thoughtful , or to torment our selves with fears , before the time . In the mean time , it would be well considered by Brethren , that bear off from concurrence , if they do well in withdrawing their counsels from their Brethren , and in doing that which tendeth to the loss of their enterest in , and respect with persons in present Authority ; in regard whereof , they might be exceedingly instrumental to prevent any thing that is feared . 2. As to their thoughts of the unlawfulness of the Office of a Bishop , something hath been said of the lawfulness of their concurrence in unquestion'd duties ( even upon that supposition ) something also hath been said of the acknowledgment of the lawfulness of their Office , looking upon them as Presbyters , commissionated by the King , for external ordering of Church-affairs in their severall bounds ; and of the lawfulness of obedience to them , as in that capacity . It is not the purpose of this Paper , to dispute much for their Church-capacity or Rule over Presbyters , or anent the Office of Bishops , as an order of Church-ministers . Only as to this , three things would be seriously pondred by Brethren . 1. Where they are able to find in all Christs Testament , any precept for meer Presbyters , preaching and unpreaching , in a full equality of power , to rule the Church of Christ ; to give Ordination to Ministers , to judge in all controversies of Religion ministerially , and do all acts of Government in the Church , or where they can find any example of such a Presbytery , doing these acts without some superiour Officer acting with them , or directing them in their actings , or where there is any inhibition ( either expresse , or by necessary consequence ) that no Gospel-minister should in any case have superiority in power over others in Church-affairs . 2. Let it be considered , if ( descending from the Scripture times ) it can be found in any Writer , who lived in the first two or three ages after Christ , or in any History or Record relating to these times ( not to speak of after-ages ) it can be found , that there was any such Church-officer as an unpreaching Elder , joyned in full equality of power with Preaching-elders in acts of Ordination of Ministers ( from which , if they be necessary parts and members of the Presbytery , they cannot be excluded ) and in all other acts of Jurisdiction ; or , if there be any mention of the names , or power of any such persons . Or , if it can be from these Writers found , that there was ever any Ordination of Ministers , or exercise of Jurisdiction ecclesiastical by Ministers , i. e. by meer Preaching-presbyters , without some one , stated President over them , under the name of Bishop , who was to go before them in these actions ; and without whom , nothing was to be done in these . Shall not the practice of that primitive Church , which followed the Apostles , as it were , at the heels , be most able to shew us which way they went , and what was their practice ? It is too horrid a thing to imagine , and that which a modest Christian can hardly down with , that immediately , after the Apostles times , the whole Church of Ch●●●t , should agree to so substantial an alteration of the Government of the Church ( suppos'd to be ) instituted by Christ and his Apostles , as to exclude one s●●t of Officers of his appointment , and to take in another not appointed by him : And that it should be done so early , Statim post tempora Apostolorum , aut eorum etiam tempore , saith Molinaeus , Epist . 3. ad Episcop . Winton . Bishops were set up in the time , when some of them ( especially John ) were living , viventibus , videntibus , & non contradicentibus ; as is manifest by History in the successors of Mark at Alexandria and others . Can it be imagin'd ▪ that such a thing as the Office of a Bishop , should have been set up so early in the times of the Apostles , and they not contradicting it , had it been contrary to Christs mind ? How unlikely is it , that in those times , when the piety and zeal of Christians was so great , and knowledge too , there should have been no opposition to the Office of Bishops , had it been judged a wronging of Christs Ordinance ? How unlikely is it , that in times of such fiery persecution , Christs Ministers should be carryed with ambition , to seek the superiority over others in an Office against his mind ? Or , that people would have yielded to the ambitious courses of Pastors ? How can it be thought , that the whole Church in these times ( without any known exception ) should have taken up that way of Government by Bishops , without any co-action to it by civil Power ; without any advice or direction from General Assemblies and Councils , which then were not in being ; If this way had not been universally judged lawfull ; yea , it may be suppos'd descending from a higher warrant then voluntary agreements of men ? We do never hear of any opposition to the Office and dignity of a Bishop over Presbyters , till it was made by one Aerius in the fourth age , ( whom Epiphanius calleth a frantick man ) he being enraged , that Eustathius , whom he undervalued in comparison of himself , was preferred to him , and got the Bishoprick , which he ambitiously aimed at , began to talk against the dignity and order of Bishops , and is therefore counted by Epiphanius and Augustine ( no children in knowledge ) an heretick , ( in whatever sense they mean ) and also he is justly censured and condemned by Blondel , Gers . Bucer , Molinaeus to Andrews , as a disturber of a lawful order in the Church , albeit they cannot come up to think , that Episcopacy is a divine Institution or apostolicall . Now , let Brethren in modesty consider , how unlike it is , that the Office of a Bishop should be contrary to the institution of Christ in his Word , that began so early , even in the Apostles times without their contradiction , that was so universally submitted to by the primitive Christians in their most firy tryals , that hath continued in the christian Churches , ( not only these infected with the Roman apostasie , but the eastern Church that disclaimeth the Popes supremacy ) and that for 1500. years after Christ , without any contradiction , save of one man , who never had a marrow ; no not Jerome ( whatever be said concerning him by some ) that is still owned by most of the reformed Churches , who have rejected the Pope , not only by these of the Lutheran way , under the name of Superintendents ( quid est Episcopus nisi Superintendens ? saith Jerom , epist , ad Euagrum ) but also by some of the Calvinean way , as may be seen by Zepperus , Eccles . Pol. And formally , that is even owned as lawfull ( being well-moderated ) by the stoutest Disputers against the divine right of it . Albeit men , in their passionat strains to popular auditories , sometimes cry out upon the Office of a Bishop as an anti-christian and popish domination ; yet , in the protestant Episcopacy that is owned , there is no more of the Pope then there is of a Mass-priest in a Minister ; or of a Conclave of Cardinal-presbyters in a Commission of the Church or a Presbytery . The Episcopacy that is now , is the very primitive Episcopacy , which Timorcus descriving ( Ep. 10. Sect. 25. ) affirmeth to be , that nothing in Ordination or Jurisdiction be done by Brethren under the Bishop , without him , and he alone doing nothing without them in these , and avowes the same not to be contrary to the Covenant . The Episcopacy that now is ▪ is that same Office for substance , which Ignatius had at Antioch , Polycarp at Smyrna , ●orn●lius in Rome , Iraeneus at Lyons in France , Cyprian in Carthage , and many others had in other places before the Niven Council ; and which Chrysostome , Augustine and many others had after : and it should be our desire to God , that our Bishops ( as they hold the same Office and Place , for substance , these did ) so they may imitate their vertues and graces ; and be notable Instruments for advancing God's glory in their stations . But , 3. it would be considered , that the holding of Episcopacy , as a Government unlawfull and contrary to the Word of God , will cast too great an imputation upon this Reformed Church of Scotland : For , ( laying aside the times of war and confusion since the year , 1638. wherein , in the midst of the noise of Armes and Armies , there hath been small opportunity for a serious free disquisition anent these matters ) it will be found , that before that year , Episcopacy had been for a far longer time owned by this Reformed Church then Presbytery had been : For , untill the year , 1580. Episcopacy was not abolished in Scotland ; the Office of Bishops was really used in Scotland till the year , 1580. in which the General Assembly at Dundee declared it unlawfull : and yet , they could not get their Presbyteries set up by the Authority of the Land , till twelve years after in the year , 1592. But , evident it is , that at the time of making that Act at Dundee , Bishops were in the Land ( for so the Act it self , in the body of it , imports ) Forasmuch ( say they ) as the Office of Bishop is now used in this Realm , &c. And is clear also from their Order they give to process the several Bishops , if they lay not down their Office. Now , from the time of general Reformation , from Popery to the time of that Act of Dundee , there were full twenty years ; ( the Reformation being in the year , 1560. ) during all which time , the Church of Scotland was governed by some , singulares personae , particular persons in several circuits in the Land ; some under the name of Superintendents , Commissioners or Visitors of Countries ; some under the name of Bishops ; where popish Bishops embraced the Reformation , they had their power continued , and Commission given to them for ordaining Ministers and using Jurisdiction : and when the civil Magistrate presented any Orthodox to vacant Bishopricks , they were accepted of by the Assembly , Edinburgh , Aug. 6. 1573. where the Regent , promising to the Assembly that qualified persons shall be presented to vacant Bishopricks , the Assembly concludes , that the jurisdiction of Bishops in their ecclesiastical Function , shall not exceed the jurisdiction of Superintendents . And the Superintendent of Lothian , is called by John Knox , at his installing , anno , 1560. the Pastor of the Churches of Lothian ; and these , who represent that Countrey , promise to give obedience to him as becomes the sheep to their Pastor . It is manifest then , that for twenty years after the Reformation , Bishops , whether under that name , or other names , continued in Scotland : and it is remarkable , that our Reformers were wiser men then to put a Presbytery in their Creed : For , in the Confession registrated in Parliament , anno , 1567. ( which before had been presented ) though they had zeal enough against all things that favoured of popery ; yet , in their Confession , there is nothing against Bishops , nor for a Presbytery . And , Act 24. the former civil priviledges of the spiritual State of the Realm are ratified ; accordingly , Bishops did sit in that Parliament : also , in the same Confession , they say , not one Policy or Order can be for all Churches and all times . But , after the year , 1580. wherein the Office of Bishops was abrogated by the Assembly , albeit some provincial Synods were set up in the place of the outed Bishops and Superintendents in these Provinces ; yet , was there no Presbytery before the year , 1586. nor any of these Judicatories legally established before , 1592. and within eighteen years after that , or twenty , Bishops are set up again by the Act of Assembly , 1610. and ratified in Parliament , 1612. and continued so the space of twenty eight years , till the Assembly at Glasgow , 1638. So it may be easily seen , the Office of a Bishop is no great stranger to this Church , since the Reformation of Religion ; but hath been longer owned then Presbytery in times of peace : and , modesty would require , we should not be ready to condemn this Reformed Church , as having in those times owned a Government unlawfull and against the Word of God , especially when the different fruits of Government , by Presbytery and Episcopacy , have been , to our cost , sadly experienced . But now , we come to the third difficulty anent the Oath of the Covenant : This is popularly pleaded by such as do not penetrate into the controversie anent the Office of a Bishop , in point of lawfulness or unlawfulness . Indeed , the Bond of a lawfull Covenant is so sacred a tye , that , without contempt of the holy majesty of God , it cannot be violated , nor without great sin ; no creature can absolve us from it , nor dispense with it ; nor are we to break it for any temporal advantage , terror or trouble . Yet , ( supposing the Covenant to be lawfull , which is not proven ) it is sure , 1. That a lawfull Oath may cease to bind us , so that though we do not that which was under Oath promised to be done ; yet , there is no perjury : Semper perjurus est , qui non intendit quod promittit ; non semper perjurus est , qui non perficit q●od promisit sub Juramento , say the Casuists . 2. It is certain that a lawfull , although in the interpretation of it , it be stricti juris , and is to be understood according to the intention of the givers of it , and as the plain words bear ; yet , it bindeth not in the sense which any ignorant mind or over-scrupulous conscience may put upon it , or that some persons , upon partial designes , may put upon it , Videndum est ( say Casuists ) ne stricta interpretatio abeat in nimis strictam & rigidam . 3. It is certain , an unlawfull Oath did never , nor doth bind any conscience to do according to it , though it bindeth to repentance for making of it , and adhering to it . In considering and applying these things : as to the first , It would be remembred , that an Oath , howsoever in it self lawfull ; yet the case may be such , that by something following after it , the Oath may cease to bind us to the performing of what was sworn ; yea , the case may be , that an Oath , lawfully made , yet cannot be lawfully kept ; it were sin to keep it in some cases : then , and in that case , it is not we that loose our selves , but God looseth us , when an Oath , lawfull at the making , cannot be kept without sin against him . Amongst other cases , wherein the ceasing of an obligation of a lawfull Oath may be seen , these three Cases are worthy to be considered ; and seriously is it to be pondred whether they be applicable to the present Question anent a discharge from the bond of the Covenant , as to the second Article of it , which is now under question . 1. If the matter of an Oath be such , as a Superiour hath it in his power to determine of it , the Oath of the inferiour or subject person ceaseth to oblige him , and is loosed when the Superiour consents not to what he hath sworn : this is both agreeable to reason ; because no deed of a person inferiour or subject to others , should prejudge the right of the Superiour ▪ nor take from him any power allowed to him by God in any thing : And also , all sound Divines do acknowledge this upon the common equity of that law , Numb . 30. 4. If it be said , that the matter of the second Article of the Cov●nant , being not of indifferent nature , but determined by the Word of God , and so not under the power of a Superiour on earth to determine in it ; it would be remembred , that in all this part of the discourse , where the ceasing of the obligation of the Covenant is spoken of ( as to the second Article ) they are dealt with , who plead the obligation of the Covenant only , and upon that account do scruple . As for the consideration of the lawfulness or unlawfulness of Episcopacy in it self , a little of it was spoken to before ; and the tryall of that , is matter for longer disquisisition : and men would not be too peremptory in condemning Episcopacy , if they seriously consider , that the ablest Pens that ever engaged in this Controversie , have found it a task too hard for them to demonstrate Episcopacy to be in it self unlawfull : and if we ask the judgments of the most eminent reformed Divines , we shall find very few or none learned , sober and faithfull in the point , who do judge it to be forbidden by God. But in this point , when these who alledge the bond of the Covenant only for their scruple , there is a necessity to abstract from that question , whether Presbytery be necessary by divine law , and Episcopacy in it self unlawfull ? In this part of the discourse ( supposing the lawfulness or indifferency of it ) we only enquire , whether meerly by vertue of the Covenant , we are bound to stand against it ? If by Gods Word it be found to be unlawfull ( which cannot be proved ) then whether there had been a Covenant made against it , or not , it cannot be allowed ? If it be said again , that the consent of our Superiour hath been obtained to that , to which we have determin'd our selves by our Oath in the second Article ; and therefore our Oath , before God , is confirmed , and he hath not power to revoke his consent , according to that law , Numb . 30. 14. It would be be considered , whether it was the Lords mind in that ●aw , that if children or wives , having vowed , should by some means drive their parents or husbands out of the house , deprived them of all their worldly comforts ; and then , when they had put them thus undurifully under sad tentations , bargain with them either to ratifie their vows , or never to enjoy these comforts they had deprived them of ; whether it was the Lords mind , that consent , so obtain'd , should be an irrevocable confirmation of their vows , who had carryed themselves so undutifully ? There is no evidence for that . And the application is easie , since it is known that the Covenant was contrived and carryed on , as if the design had been laid to extirpate Episcopacy whether the King would consent or not , or whatever course should be taken to force his consent , vi & armis , or by suspending Him from the exercise of His royall Power ; an unparallel'd way of usage from subjects to their SOVERAIGN . Again it would be considered , whether this be , De jure naturali , that a consent of a Superiour once given to the vow of an inferiour , he hath no power to revoke his consent upon reasonable causes , and to make void the vow , albeit , if he do it rashly and unreasonably , he sinneth . Great Schollers are of the mind , he may revoke his consent : Lessius , Tractat. de Voto , dubio 13. It is thought by him and others , that the precept eà●enus is judicial , as it maketh an irrevocable confirmation of the vow once consented to . If it be further said , if the Superiour , under Oath , give his consent to the inferiours Oath ; or , if He himself swear the same thing , then there is no power left of revoking his consent , or doing or putting his inferiours to do contra●y to the Oath : This is granted , unlesse upon some other ground there be a clear loosing of the Superiours Oath , and a ceasing of the obligation of it . Leaving these things to be applyed , let us look upon the second Case , wherein the obligation and binding-power of an Oath ceaseth , and the Oath is loos'd ; it is this , When the matter concerning which the Oath is , continueth not in the same state it was in at the making of the Oath , when something in providence before the accomplishment of the Oath occurreth , that maketh the performance of the Oath , either sinfull , or importing some turpitude , and something against moral honesty ; or when the case comes to be that , that the plain end and expectation of the Oath , upon which it was founded , appeareth frustrate : according to the language of Divines , Res non permanet in eôdem statu , ideò cessat Juramenti obligatio : For example , if a man swear , that at such a certain time , he shall deliver to such a man his sword , if in the mean time that man turn mad , and , in probability , might kill himself or others with the sword , had he it in his hand , there lyeth no obligation upon the swearer to deliver it to him ; Nay , it were a sin , and against charity , to perform what he had promised . Again , if a man swear to marry such a woman at such a time , if before that time he is made certain she is with child to his own brother , it were a grievous sin of incest to to marry her ( under pretence of keeping his promise ; ) Or , if she should , before the marriage day , be found with child to another man ( not so related to him ) yet , to marry her , as it could not but have something against moral common honesty in it ; so the plain end and expectation of his Oath , on which it was founded , being frustrate by the womans whoredome , ( viz. the having of a loyal honest and comfortable yoke-fellow ) albeit he had made twenty Oaths to her , they bind him not ; God hath loos'd the man , Res non permanet in eodem statu . Now , as to the present Case of the Covenanters , let it be considered , whether the matter abideth in that same state , i. e. whether there do not something now occur , that putteth us in that condition , that without sin we cannot perform what we did promise , in that second Article of the Covenant . It will be said , What is the sin ? For answer , It must be still suppos'd ( as before we admonished ) that in this part of the discourse concerning these who plead the bond of the Covenant meerly , that the matter of the second Article of the Covenant ( about which the debate is ) is in it self indifferent ; and that Episcopacy in it self , or by any law of God , is not unlawfull , or prohibited . If it were this way unlawfull there needed little question be made about the bond of the Covenant , ( for , what is unlawfull , must never be allowed , be it sworn against or not ) but , supposing the indifferency and lawfulness of Episcopacy in it self , I say the Covenant cannot now oblige against it , there being so notable an alteration of the case and state of matters , that whoever now do think themselves bound to stand to the Covenant , as to that second Article ( for there are other matters in that Covenant , from which we can never be disobliged or loosed , they being necessary by divine and moral Law ) do think themselves bound to a perpetual disobedience to the Magistrate , in a matter wherein he hath power to command them ; and this is a perpetual sin . Perkins , of Oaths , saith well , No Oath can bind against the wholsom Laws of the Common-wealth : because every soul is subject to superior powers , Rom. 13. Neither is it material whether the Laws be made before or after the Oath ; both wayes the matter of the Oath becomes impossible , de jure , as Casuists speak : And now we are to think , the matter remaineth not in the same state , when the doing of what we did swear , imports sin . I know Timor●us ( pag. 19. ) ple●deth , that even upon supposition , that it is in the power of the Magistrate to set up the episcopal form of Government , that yet we cannot own it , but must suffer under it : because ( faith he ) upon that supposition , that the matter of the Oath , was res indifferens & libera in it self ; yet , it is no more free to us , Juramentum ( saith he ) tell it libertatem : But , by his favour , albeit in indifferent things of private concernment , wherein private persons bind themselves , and wherewith the Magistrate medleth not , an Oath may take away our liberty ; yet , a subjects Oath cannot take away the power of the Magistrate , in commanding things which he seeth for publick good , and the matters not being in themselves unlawfull : Neither can it take away or hinder the liberty , or rather duty of subjects , in obeying what is lawfully commanded ; otherwise , subjects , by their Oaths , might find a way to plead themselves free from obedience to Magistrates in all things indifferent which they should command them ; which is absurd . But , 3. It would be remembred , that when the keeping of an Oath is certainly a hindrance of some greater good , ( especially if other circumstances concur , that render the Oath non-obligeing ) the obligation of it , in some cases , may cease . This anent the loosing of Oaths , because of the obstacle put to some greater good , which might be attained by not doing what is sworn , is indeed a very ticklish and tender question , and all had need to look to it , lest , under pretence that the keeping of an Oath is an obstacle to a greater good attainable , by not keeping the Oath there be a wide gap opened to all perjury ; and the popish Casuists are herein too lax for laying that ground , that it is de jure naturali , that every one should do that which is best ; they conclude , that where the performance of what is sworn is like to hinder a greater good that might be attained by not keeping the Oath , that in that case an Oath bindeth not at all . Protestant Casuists , as Bishop Sanderson , do deny this principle without limitation thus expressed ; yet do grant , that it is true when there concurreth some other thing ( as usually there doth ) which may render the Oath void , or the keeping of it unlawfull , or looseth from it , the impeditiveness of greater good there hath weight . But , we may say , albeit other things did not concur to the nulling or voiding of an Oath ; yet , if the standing to it be found impeditive of a greater good , to which we are bound by a prior obligation , then the Oath , being an obstacle of such a greater good , ceaseth to bind the swearer . If a man should swear never to go near such a river or water , having once been in hazard there ; yet , where he seeth at some distance from it his brother like to perish in the water , and it is probable to him , that he could be able to save his life , the prior and greater bond of char●ty , and of God's Law commanding , that bindeth him to go help his brother , and looseth him from his Oath . And as to our case , besides what hath been said for the clearing , upon other grounds , of the non-obligation of the Covenant in that second Article ( the matter thereof still supposed as indifferent , and Episcopacy not forbidden by any divine Law ) may we not clearly see , that there is ( by adhering to that Oath as still binding ) an obstacle put to the attainment of a greater good and of greater necessity , and to the seeking after that greater good which we are pre-obliged , by former Bonds , to labour after ? Is not that great duty of preaching the Gospel of peace , lying upon Ministers , ( wo to us if we preach not ) and lying upon many Ministers antecedently to the ●aking of this Covenant ; and upon adhering to that Covenant in the second Article , proveth a hindrance to that greater duty whereto we are pre-obliged ; shall it still be thlought to bind so , that rather then we will acknowledge God's loosing us by a former obligation to a greater duty , we will , by adhering to it , put our selves in incapacity ( according to Law ) to serve any longer in the Ministry ? Do there not also ly upon us all pre-obligations to obey the Magistrate in things not against God's Law , ( such as now Episcopacy is supposed to be ) to procure the publick peace and good of Church and State , and prevent horrid confusions , which ( as matters go ) cannot be avoided by sticking at that Article in the Covenant ? Shall not the peace of conscience , that shall arise from tendring these great interests , be as much , and more then any peace of conscience pretended to be in keeping the Oath , which ( though we should not be ready to judge any ) may perhaps , upon examination , be found rather a piece of satisfaction to the will , then peace of the conscience , God having loosed and set free conscience from that Bond , in hoc rerum statu ? But , to the second thing which we observed anent Oaths , or Covenants , it would be remembred , that a Covenant or Oath , though lawfull and binding , even in the strict interpretation of it ; yet , doth not bind in the rigid interpretation , which some , either through weakness , or scruples or design , may put upon it . Sometimes souls may make snares of Oaths to themselves by overstretching them , and so do run themselves into the perplexities they needed not . Concerning the Covenant , different interpretations and senses have been given of it , according to the several interests of persons of contrary judgments , combined in it . But , as to the second Article now in question , it may be doubted , if it be broken by submission to , or owning the present Episcopacy established by Law in Scotland ; or , whether it be not an over-rigid straining of that Covenant , to bend it against the present Episcopacy established in Scotland . For clearing of which , it would be considered , first , that at the time of the taking of that solemn League and Covenant , there were no such Church-offices in Scotland , as are mentioned in that Article ; there needed not , as to Scotland , a swearing to extirpat Offices that were not in it at that time ; and some Offices there mentioned , never were in it . 2. It would be remembred , that an Oath is to be interpreted according to the sense of the givers of it . Timorcus ( pag. 16. ) giveth us assurance , that the Parliament of England , intended nothing less in imposing the Covenant , then the extirpation of all kinds of Prelacy and Bishops in the Church ; and that it was resolved in Parliament , with consent of the Brethren of Scotland , that it was only intended against Episcopacy as then established in England : and ( Pr●f . p. 23. ) we do not ( saith he ) think the Covenant to be against the primitive Episcopacy , which there he descrives to be a presidency of one Minister over others , so that without him nothing is to be done in matters of Ordination and Jurisdiction : and when he explaineth the second Article of the Covenant , he saith , it is only tyrannical Bishops that are covenanted against : which Baxter also calls the sinfull species of Prelacy , in his Preface to the Disputations of Church-government ; which he sayes was abjured only , and not Episcopacy . And in that same dispute ( pag. 4. ) he declareth , that most of the godly Ministers , since the Reformation , did judge Episcopacy , some of them , lawfull , and some of them most fit ; and addeth , that almost all of these that are of the late Ass● at Westminster , and most throughout the Land , did conform to Episcopal Government , as not contrary to the Word of God ; and that he believs , that many of them are yet so far reconciliable to it , ( moderated ) that if it were only established , they would submit to it as they did : for , he heareth ( as he saith ) but of few of them who have made recantation of their former conformity ; and contrarily , hath known divers of them professing a reconciliableness , as aforesaid , as Mr. Gataker doth , in one of his Books , profess his judgment . Thus Mr ▪ Baxter , by whom we may see their error or folly , who think there can be no godly Ministers owning Episcopacy ; and also how reconciliable godly Divines in the Ass . were to a regulated Episcopacy ; So that it seemeth , the great grievance aim'd at in the Covenant to be redressed , was , the Bishops claim of a sole Ordination and Jurisdiction ; and the multitudes of Courts of lay Chancellors , &c. set over Ministers in matters of Government , and not the Office of Bishops , concurring with Synods of Ministers and their presiding and being Superiors in Church-meetings . If it be said , that every one of the particular Offices , mentioned under the name of Prelacy in the Covenant , are abjured ; and therefore Bishops are abjured : Mr. Vines , in his Considerations upon the Kings Concessions at the Isle of Wight , will ( for loosing this ) tell us of a sense of the Covenant , which he inclines to , viz. that , as to that Article , the Covenant is not to be understood in sensu divisô , but compositô , ( which sureth to Mr. Baxters complex frame ) And therefore asserts , that continuing of Bishops with a negative voice in Ordination and ministerial Meetings , might be permitted without breach of Covenant . And if it be so , as this learned man and others mention'd , concede , What reason is there to bend the Covenant against the present Episcopacy of Scotland , which is establish'd to govern the Church ( not excluding , ) but with consent of Presbyters , with as great moderation as any was in the primitive Episcopacy . But it will be said , then we stand bound against the English Prelacy , as it is explained in the Covenant . Ans . It will be time to dispute that , when we are called to live under that frame of Prelacy : In the mean time let it be granted , that the Church establishment amongst us , is not that which the Covenant describeth to be renounced : neither are we rashly to judge the way of other Churches , which we are not called to own ; they are to give an account of their own way to God and the King , and will allow us a discharge from meddling in their affairs ; and they are not like in hast , to give us any place or calling in modelling their Church-government , to which all protestant Churches ought to pay reverence . But again , it will be said , was not the form of Episcopacy that was in Scotland before ( from which the present is nothing different ) abjured in the National Covenant , before we had any dealing with England anent change of their Church-government . Ans . If we will believe the Ministers who reason'd with the Doctors of Aberdeen ( and they were the prime promoters of the Covenant , and carried with them the sense of the body of the Covenanters ) they who subscribed that Covenant , might , with great liberty , voice in an Assembly , concerning Episcopacy without prejudice , notwithstanding their Oath : And upon this ground , would perswade the Doctors to subscribe the Covenant , because in so doing they should not be taken as abjuring Episcopacy ( as the Doctors thought ) But , notwithstanding their Oath and subscription , had their liberty remaining entire to voice for Episcopacy in an Assembly : See their answer to the Doctors their fourth and tenth demands . And the truth is , that as in the explication added , anno . 1638. Episcopacy is not mentioned as abjured ; so neither was it abjured by the National Covenant as it was enjoyn'd to be subscribed , anno . 1580. It is alledged , that under the name of the Popes wicked Hierarchy , the Office of Episcopacy was abjured ; But they who say so , would consider , that the abjuring of the Popes wicked Hierarchy , imports not an abjuration of the Office of a Bishop , more then the Office of a Presbyter or a Deacon , which are parts of that Hierarchy ( so called by the Council of Trent , Canon . Sess . 7. ) as well as the Office of a Bishop . If the Covenant do not under that expression abjure these Offices , neither doth it abjure the Office of a Bishop , seing these are parts of that which the Papists call Hierarchy , as well as this . The intent of that Covenant , was not to abjure the Office of Bishops , more then of Presbyters or Deacons , but to abjure the Hierarchy , so far as it was the Popes , ( his wicked Hierarchy ) as it also abjureth his five bastard sacraments , so far as he maketh them Sacraments , ( for sure , Orders or Ordination of Ministers and Marriage , which he maketh two Sacraments , are not abjured in the Covenant as to the matter of them , but only as to the relation of being Sacraments , which the Pope puts on them ) even so the Popes Hierarchy is abjured , counted and called wicked , not as to the matter of these Offices comprehended under the ecclesiastical word Hierarchy , ( for then the Office of Presbyters and Deacons , should be also counted wicked and abjured ) but as to the dependance of all these Offices on him , as the fountain and head of the Church under Christ , and the corruption adhereing to these Offices , and flowing from him , so far as they are his , depending on him , corrupted by him , there is wickedness in them or joyn'd to them , and so they are abjured ( as in another word of that Covenant , his blasphemous Priest-hood is abjured , yet in that the Office of Presbyter is not abjured . ) But , mean time , the Offices themselves , which are said to make up that Hierarchy , are not abjured , nor are to be rejected , but purged from what is his , or any dependance on him , or corruption flowing from him . And so the Office of a Bishop , amongst Protestants ( Bishops now being loosed from that dependance from the Sea of Rome and the Pope , who as head of the Church claimed a plenitude of power over the whole Church , and made all Christian Bishops and Ministers but as his slaves and vassals , portioning out to them such measure of jurisdiction as he thought fit ; as their stiles in this Countrey imported of old ; Ego N. Dei apostolicae sedis gratiâ Episcopus ) I say the Office of the protestant Bishop is no more a part now of the Popes wicked Hierarchy , then is the Office of a Minister or Deacon . But further it may appear , that under the name of the Popes wicked Hierarchy , the Office of Bishops was not abjured in the National Covenant . 1. The enjoyner of that Covenant to be taken by the subjects , was King James , of blessed memory ; He , having himself with His family subscribed that Oath and Covenant , gave charge to all Commissioners and Ministers within the Realm to crave the same Confession from their parishoners , and proceed against the refusers , as the words of the charge bear , March , 2. 1580. This was the first injunction for taking the Covenant , which was mainly intended for securing the Religion , and the King who favoured it and professed it , from Papists , who were sound practising with forraigners against him and it , and for clearing the King and his Court from aspersions . But that the King by that Covenant intended the abjuration of the Office of protestant Episcopacy , it is most improbable , and by many things the contrary appeareth . 1. The instrument in penning that Covenant at the Kings command , was Mr. John Craig , His Minister , a very learned man , who but nine years before , ( Jan , 12. anno . 1571. ) had given his consent in the Assembly of the Church , which then did meet at Leith , that Commissioners might be appointed to joyn with these whom the Council should appoint for settling the policy of the Church : of these Commissioners he himself was one , and with him Dun the Superintendent of Angus , Winrame Superintendent of Fyfe and others : the resolution they came to , was that there should be of the most qualified of the Ministry some chosen by the Chapters of the cathedral Churches , to whom vacant Arch-bishopricks and Bishopricks might be dispon'd , and they to have power of Ordination , and to exerce spiritual Jurisdiction in their several Diocesses ; and at the Ordination of Ministers to exact an Oath of them for acknowledging His Majesties Authority , and for obedience to their Ordinary in all things lawfull . And accordingly some were provided to Bishopricks at that time ; neither did the Church in the following Assembly at St. Andrews , ( March , 1571. ) take exception at these Articles of agreement . It is true at Perth ( August , 1572. ) they received the same , but with a protestation , it was only for an interim , &c. But this we may say , that the learned Penner of the National Covenant , allowed of Bishops a few years before this Covenant : Nor is there any evidence that he changed his mind , or that he did in that draught of the Confession , mean protestant Bishops ( which then he approved ) by the Popes wicked Hierarchy which is abjured . 2. As for the King himself , that He minded no abjuration of the Office of a protestant Bishop by that Covenant , may be evident by this , that when He and His family took that Covenant , and when he enjoyn'd it to the subjects , there was no such thing known in this Church as a Government by Presbyteries ( the whole Government consisting in Ordination and Jurisdiction , exerced in the several parts of the land , being in the hands of some under the name of Bishops , some under the name of Superintendents , or under the name of Commissioners of Countreys , who exercis'd the same in their several precincts ) other Government there was not , but by some single persons , having power in their several bounds . It is true , the Assembly quarrel'd what they did amiss , but yet they were then really Bishops : And it is not like the King did swear himself , or put others to swear against the Church-government that was then in the Countrey , and was not rejected by the Church , till July , 12 , 1580. Yea , it is evident , that the King and His Council , minded not to swear down protestant Episcopacy by that Covenant : For , suppose the General Assembly in that same year , 1580 , July 12. did passe an Act against Episcopacy ( the like whereof had not been done in this Church before ) yet , the very year following , 1581. though the King and Council had presented the Confession to the Assembly , to be subscribed by them and the people in several Parishes at their order , or by their perswasion ; yet , that very same year , an Act of Council is made , confirming expresly that agreement , 1571. at Leith concerning Archbishops and Bishops : And this was done six months after the sending the Confession to the Assembly and the Councils Act for subscribing ; this being in October , that in March , 1581. Now is it any way probable , that the King and Council ( had they intended to abjure Episcopacy in the Confession ) should within six moneths make an Act for confirming a former agreement for establishing Episcopacy ? And this Act of Council was no secret : For , the King openly avowed it in the business concerning Montgomery , Bishop of Glasgow , whom the King would not suffer to be processed upon the account of his accepting a Bishoprick ; because , as he said , he had so lately ratified the agreement at Leith , 1571. Neither did the Assembly or any Ministers speak of that deed of the Kings and Councils , as contrary to the Covenant ( albeit in these dayes they had a way of using liberty enough , and more then was sitting . ) And it being plain , that the Covenant ( in the intention of King and Council who injoyned it first , and transmitted it to the Assembly and subjects ) doth not abjure Episcopacy ; Why should the subjects take themselves bound as swearing down Episcopacy by that Oath , seing every Oath is to be taken in the declared sense of the Imposers , which is consistent with the words of it ? But it will be yet said , that the General Assembly at Glasgow , 1638. have declared , that in that National Covenant , Episcopacy was abjured in the year , 1580 , and they enjoyned , that all should subscribe according to the determination of that Assembly ; and many have done so . Ans . 1. It seemeth very strange , that any Assembly , or Company of men , should take upon them to declare what was the sense of the Church in taking a Covenant , or Oath , when few or none of the men were living , who took that Covenant ; or , if living , few or none of them were members of that Assembly at Glasgow , 1638. As juramentum est vinculum personale , ( so say the Casuists ) So no man , or company of men can take upon them to define what was the sense of dead men in taking an Oath or Covenant while they were alive , unlesse they can produce some authentick expresse evidence , that such was their meaning in taking the Oath and Covenant in their life-time . Now , all that the Assembly of Glasgow hath produced in their large Act , ( Sess . 16. ) declaring Episcopacy to be abjured , anno , 1580. amounts to nothing more , but this , that before Jul. 1580. ( at which time , some moneths after the Covenant was enjoyn'd by the King to be taken by the subjects ) the Church was , and had been some years labouring against Bishops ( who notwithstanding continued , till after the Act at Dundee , 1580. ) And that after the year , 1580. there was much opposition to that Office by the Assemblies : But all their citations of Acts , come not to this point , to prove that Episcopacy was abjured by the Covenant or any words in it ; nor do these ancient Assemblies after , 1580. ever assert any such thing ( men being then living who knew the sense of the Covenant , that it was against Covenant to admit of Episcopacy ; but they go upon other grounds in oppugning that Office. How strange is it that Assemblies of Ministers , who had taken that Covenant , are never heard to plead against Episcopacy ( though they loved it not ) upon that ground ? And that fifty eight years after , when most , or all of these first takers of it , are worn out , a generation riseth , that will plead , that their Ancestors took that Covenant in that sense ( abjuring Episcopacy ) whereas there is in no Act of these ancient Assemblies ( after the Covenant was taken , or at the taking of it ) any assertion , that it was their mind in taking that Covenant , to abjure Episcopacy ? And that Episcopacy was not ( in the intention of the takers of the National Covenant of old ) abjured by the Covenant ; no , nor unlawfull in it self , even in the judgment of the Assembly of the Church of Scotland , may appear , in that within six years after that year , 1580. a General Assembly at Edinburgh do declare , that the name of Bishop hath a special charge and function thereto annexed by the Word of God ; and that it is lawful for the General Assembly , to admit a Bishop to a Benefice preferred by the Kings Majesty , with power to admit , visit and deprive Ministers , and to be Moderators of Presbyteries where they are resident and subject only to the sentence of the General Assemblies . It seems within six years , the General Assembly at Edinburgh retracted the Act of Dundee , 1581. But , 3. Strange it was that the Company met at Glasgow ( an Assembly against which as much is said , and upon good grounds , as against any other in our Church ) had power to bind others to their determination of the sense of the Covenant . Certain it is , no Assembly nor Company of men , can put an obligation upon persons who have taken an Oath personally to accept of their sense of the Oath which they put upon it . It is true , the Assembly of Glasgow could declare their own sense of the Oath taken by themselves , but could not impose their sense upon the takers of the Oath before , that sense not having been given to the takers of the Oath by the imposers of the same ; and the takers of the Oath not having impowered the Commissioners at Glasgow to declare their sense of that Oath they had taken . So then , whatever was done at Glasgow after the Covenant was taken by the body of the Land , could not oblige all the takers of it to own their declaration of the sense of the Covenant ( which was not at first imposing the Oath , declared to them ) And the body of the people of this land , have not indeed abjured Episcopacy by that National Covenant they entered in ; neither the Covenant , nor added interpretation importeth any such thing : Nor hath the body of the people of the land , by any after deeds , owned that Assemblies sensing of the Covenant ; Nor was there any Act in that Assembly , that all should own their determination of the sense thereof . It is true , there is an Act ( Sess . 26. ) that these who had not already subscribed , should subscribe with an allowance of the Assemblies determination concerning the sense of the Covenant : But few did so . If any did so , they are to consider , whether they have not been too rashly carryed on in the current of that time without a just examination of matters , But finally , Now ( that we are got out of the noise of Armes and Confusions of the by-past times ) it concerneth the Ministers of Christ , to ponder if there was any thing unlawfull in that Covenant ( we speak now of the solemn League and Covenant , which seemeth most expresse against Prelacy , and which almost swallowed up the memory of the other . ) That there are great duties engaged to in the same , relating to true Religion and an holy life , from which no power on earth can loose , and to which we are indispensably tyed , is not to be doubted . Neither is it to be doubted , that many godly Ministers and people , were ingaged in that Covenant , who designed no evil , nor minded any injury to the Soveraign ; Yet , several things , as to that Covenant , are worthy to be seriously examined , that we may see how they can be justified before God ; Or , if they are to be confessed as faults , especially if any evil or unlawfull thing be found in the substance or mater of the Covenant ; it would be remembred , Malum est ex singulis defectibus . 1. The warrantableness of entring into that publick Oath or Bond , without the supreme Authority of the land , and against the mind of the Soveraign . Can there be any example shewed amongst the people of God of old , either Jews or Christians , of carrying on a publick Oath or League and Bond without their Soveraign Powers , that were over them , going before them ; or , they not consenting or contradicting ? Is it not so special a Royalty of the King , to have power of imposing a publick Oath on all his subjects , especially when the Oath hath a direct aim for raising and taking Armes , for invasion of any in forreign Nations ( such was the aim of the solemn League as to us in Scotland ) that if this can be done without the King , What is there that may not be done without him ? Who can have a lawfull power to swear all the Kings subjects to such a purpose , without his consent ? Much lesse can any have power to swear them to a War against the Soveraign , while he is no way injuring them , but heaping favours upon them ; the War , in that respect , not being defensive on their part , no● admitting of apologie upon that ground ( supposing that to be a good ground . ) Is it not certain , that several just laws of this land , clearly inhibit all Leagues of subjects under whatsoever colour or pretence , without the Kings consent had and obtain'd thereto ? Jam. 6. Parl. 10. Act. 1● . Mary , Parl. 9. Act 75. It is well known , that when the Nationall Covenant was carryed on , that the people might be moved to concur in it and to take it , it was pretended , that it was not without Authority ; and that the warrand it had from King James his Authority , still continued ( albeit neither He nor His Successor gave any authoriy to the additional explication and application ) and , at that time , it was ingenuosly professed by the Promoters of that Covenant , ( as may also be cleared by Writings they have left to the world ) that had it been a new Covenant or League , they would not , they could not have entered in it without the King's Authority warranding them ; But , when the solemn League and Covenant ( which had no shaddow of the King's Authority ) cometh upon the stage , this Doctrine was forgotten utterly ; for , it was carried on in England by a Meeting of Parliament , excluding one of the Estates , and the King proclaiming against it in Scotland by a Committee of Estates , which , if they had power to engage the Land in a Forreign war , intended in that Covenant , may be doubted . Now , although this could not nullifie the obligation of the Covenant , were the matter of it undoubtedly lawfull and otherwise still obliging ; yet , it were well if unlawfulness , in regard of this defect and want of a lawfull Authority warranding it , were acknowledged ; this were some piece of self-denyal : Casuists say , that res jurata may be licita , when Juramentum est illicitum . Let the matter of the Oath be lawfull , and suppose it also to oblige ; yet , they who appear so afraid of sin in breaking that Oath , would , for proof of their sincerity , give as publick testimony against the sinfull way of entring into that Bond , as they do against that sin ( as they suppose ) in breaking it ; if they say factum valet , let them consider if they have no better reason to say fieri non debuit . 2. It is most seriously to be considered , if there be not in the intrinsical frame of the Covenant that with which God was not well-pleased . Such a solemn Oath and Covenant , being a most solemn profession before God of what men did own in Religion , and professedly intended for the greatest mutual assurance of men entring in it , ( one to another ) should have been fram'd in most strict , plain and specifical termes . But , this solemn League , &c. was purposely fram'd in general and homonymous termes , such as ( by the expressions ) leaveth room for all the Sectaries in the Isle ( if they will but profess to own the Word of God ) to lurk under the lap of the Covenant , to own each one their own way , and yet plead their keeping of the Covenant , such is the generality of the termes of it ; that several sorts of Sectaries may fight in their several factions one against another , all pretending the Covenant , there being no distinct specifical termes in the Covenant , whereupon some could implead others as guilty of breach ; and did not the Sectarian Armie , when they invaded Scotland , pretend the Covenant and keeping of it , and thereupon there were high appeals made to heaven ? Will not all , or most of them , own the letter of the Covenant , which only seems clear against Popery and Prelacy , and for a violent extirpation of this ? Then there was no security in that Covenant for preserving Presbytery in Scotland ; the Presbytery not being once named , only the matter is wrapped up in a general , We shall preserve the Reformed Religion in the Church of Scotland in Doctrine , Worship , Discipline and Government against our common enemies ; reformed Religion , and against common enemies : No Independent or Separatist , but might say , he would preserve the Reformed Religion , &c. in Scotland , albeit he thought not Presbytery to be any part of Reformed Religion or Government , and although he minded to do against it himself ; only , if he would preserve it , it should be to hold off what he apprehended worser , he would preserve it against the common enemies . Neither is there security in that Covenant for reforming England , according to the pattern as was desired by us . Was there not more policy then piety in this , to endeavour the soldering and holding fast of so many several parties united against Episcopacy ? yet , sorting amongst themselves , like the iron and clay toe● of Nebuchadnezar's image , and ready to break one upon another ( all under pretence of the Covenant ) as it clearly came to passe and is still like to be , such is the vanity of humane policies , unsound wayes of uniting , tending to the begetting , in end , of greater distractions . And the Covenant being of purpose framed in general terms , for the most part , that several parties might be fast united against Prelacy owned by the King ; if it should be still owned , would prove no better then a perpetual seminary of diverse Parties , all pleading their keeping of their Covenant , and yet no party agreeing one with another in the specifical sense thereof and some of the wayes of these several parties , might be found much worse ( in the judgment of right discerners ) then Prelacy is , or may be thought to be by some . It would be seriously pondred , whether this way of a studied indistinctness , generality and homonymie in the terms of the Covenant , for strengthning a party against some one thing , was acceptable to God ? And whether the blood of our Countrey-men , should have been cast away in such uncertain terms ? It will be said , The Covenant is clear enough against Episcopacy , let us keep it in the clear and true sense of it , whatever doubtfulness be otherwayes . But to say nothing of this that we have shewed above , how unclear it is against the Episcopacy established now in Scotland ( however clear it be as intended against the English frame ) were it not better to lay aside ( when now it is disclaimed by King and Parliament and all persons of trust in the Land ) an humane form , which , in respect of the Composure of it , is apt to be , hath been , and is like to be a seminary of varieties of parties ( all pleading it ) and worse evils then Prelacy is imagin'd to be , then still to own it , when as authentick exponers of the sense of it , who might reprove false pretenders to the keeping of it , cannot be had ; neither while they were in being , could agree amongst themselves anent the sense of it ; as may be seen in the Parliament of Englands ba●ling the Scotish Commissioners Declaration , anno . 1647. and other Papers . God hath given the children of men work enough to be exercised in his holy Word , which certainly , in his intendment , hath but one true sense ( howbeit mans blindness often perceiveth it not ) It is a needless labour to be taken up with humane forms ( purposely contrived in general terms for taking in parties of known contrary sense and judgment ) which will ( if own'd ) prove apples of contention in the present and succeeding Generations . But , 3. Let sober and godly men consider , if it was dutifully done , to swear the preservation of the Kings person and Authority conditionally and with a limitation , In the preservation and defence of the true Religion . Mr. Crofton indeed denyeth , that in that third Article of the Covenant , there is any limitation of our loyalty in defending the King , or that this is the sense , that we are only bound to defend Him while He defends Religion ; he asserts , that clause to be only a predication of their present capacity who engage to defend the King's Person , to this sense , we being in defence of Religion , &c. shall defend the King's Person . But , ( to say nothing how strain'd-like this looketh , the words , in the sense of judicious men , looking as a clear limitation of our duty to Him ; as if otherwise we owed Him no duty of that sort ) Belike , the General Ass . of the Church of Scotland should understand the sense of the Covenant somewhat better then Mr. Crofton , ( to say nothing of their stating their opposition to Authority of Parliament in the matter of the Engagment , 1648. upon this as the main hinge , ● . our conditional duty to the King ) . They in their Declaration , 1649. declare , that the King was not to be admitted to the exercise of His royal Power , before satisfaction , as to the matter of Religion ( they meant mainly that particular mode of Church-government by Presbytery ; for , that was it that went under the name of Religion , the substance of the protestant Religion being never under question between the King and them ) they plead for a ground the Covenant , where their duty , in defending the King's Person and Authority , is said to be subordinate to Religion ; and therefore it is concluded , that without manifest breach of Covenant , they cannot admit Him to reign , till in that they be satisfied : It is clear , they look'd on it as a limitation of their duty , and that His owning of Presbytery , &c. was conditio sinè quà non , of His reigning amongst them , and of their paying duty to Him ; and so indeed the transactions in the Treaties at Breda and the Hague , and what followed thereupon , expounded their mind . Now , was this right , that ( where our Alleagiance binds us to duty in a greater latitude ) this should be held out to people as the only standard of their loyalty , and duty to the King ? Was it sound Doctrine to insinuat ( to the sense of intelligent men ) that we were not otherwise bound to defend Him ? Was it well by such a clause to giv● occasion to wicked men ( as the Sectaries take it in their Declaration before the late King's death ) to think they were no further obliged to Him then ▪ He should defend that which , they accounted Religion ▪ yea , that they were obliged by Covenant to destroy Hi● Person , they finding ( as they say , in that Declaration ) that His Safety and Religions are inconsistent ▪ And , was it the duty of th●se who were Commissioners from this at London then , to profess in their Paper , they were not in●●●s●●d to 〈…〉 in their guilt , when they knew th● 〈◊〉 would take their meaning to ●e of the King ▪ Doth difference in Religion , or in these inferior and lower points , about Church-government , loose a people from their duty in defending His Person , and obeying His Authority ? How may forreign Princes ( who have Protestants in their Dominions ) take it , if that might pass for an approved opinion amongst their protestant Subjects , that their loyalty is to be limited to His beeing of their Religion ; and if He be not , they may either cease to defend , Him or inv●d● Him ? It may be remembred , that those who owned the western Remonstrance , did justifie their seditious Engagments and renting proceedings ( which few of them have dis●laim'd to this day ) upon then sensing the obligation of the Covenant , as is said , and that in conformity to the constant tenor of the published Declarations and Testimonies of Church judicatories , since the taking of the Covenant ▪ and if s● , sure it concerneth the Ministers of this Church , to vindicate the Doctrine it hereof , in the point of that respect and obedience , to the Civil , Magistrate ( which the Confessions of all Protestant Churches do own ) which hath been stain'd , by these corrupt principles and positions , and the undutifull practices , slowing from the same in these years past . But to say no more it would be in the fear of God considered , if in the solemn Covenant , the engagers therein have bound themselves , to 〈◊〉 act unlawfull , that may render the Covenant in some part of the matter of it sinfull ; the act which in the second Article ( now under question ▪ ) they have engaged themselves in , is the voting out of Prelacy , or the Offices ▪ &c. There was no such Offices in Scotland at that time , so they needed not to swear extirpation of what was not there , In England their Church-government being warranted by the Laws of the King and Land , it may be question'd if the swearing the extirpation , or endeavouring to extirpate the same , without and against the consent of the Soveraign Law giver of the land , was a lawfull Act. The question is not now , whether Episcopacy be lawfull or not , But supposing Episcopacy to be unlawfull in it self , albeit in that case the Law-givers were indeed bound to remove it , and to annull Laws favouring it ; Yet , it were unlawfull to people to bandy for forcing or frighting the Law givers to an alteration of these Laws , and to tye themselves to a mutual defence , with lives and fortunes for overturning what the Law alloweth ( agree the Soveraign or not ) which is the clear meaning of the Covenant , Artic. 2 , 3 , 5. If once that Principle prevail , that subjects may ( when they apprehend Laws unlawfull ) use forcible endeavours to obtain alteration thereof , What security can there be for the best Printes in maintaining the best Laws ? or what peace for people ? When an evil spirit rusheth upon people , or some Sheba bloweth the trumper , they will be ready to think it is their place and calling , being souldiers and men at armes ( however called thereto ) to offer violence to Magistrates and Laws , even the best : It is in vain , some defenders of the Covenant say , forcible endeavours are not meant ; Compare second Article and third , that make mention of lives and estates , and relates to the former and the fifth Article . It is clearly enough seen , violent endeavours are meant , where lesse will not do . And when the cause of the Covenant was managed in the field , were not people upon account of that Article , hunted out either to kill or die , and terrified with the charge of Covenant-breaking if they went not ? Did not people conceive themselves , ( or were taught so ) that it was their place and calling to take armes without and against the consent of the Soveraign Law-giver ? And in that calling , they were to endeavour forcibly , consent the King or not , to carry that abolition of Prelacy . Let it be considered , whether engageing to such endeavours were lawfull , quoad nos ; or whether it can be a lawfull bond ; that tyes to such violent endeavours against the supreme Magistrate and Laws ( be what they will be ) And let it be seriously pondred , that if they who hold themselves obliged in no way to yield unto , acknowledge , obey nor act under the Government , which the King and Law have set over them , and by thus withdrawing their subjection , encourage and lead others to do the like after their example , thereby designing to weaken the Government ( which in the fairest construction , cannot be judged to live peaceably ) If , I say , these will speak and act consequentially to former principles and practices , not yet by them disclaimed , they must also hold themselves by the same Covenant oblig'd to resist and fight against the Laws fencing Episcopacy , if occasion were offered ; and not only to vent their animosities and discontents in their prayers and discourses in private , but also to take all occasions to revile and curse that Government and their Superiours , commissionated by the King , in Prayers , Sermons and discourses in publick ; and , in effect , to do what in them lyeth , to bring it and them under , the scandal and odium of the people , and make them the Butt of their malice and revenge ; let wise men judge how far this is from the tenor of our lawfull Oaths of Allegiance , Supremacy , yea and Christianity , and what an inlet this will give to disturb the peace and rekindle that fire which had almost consumed us to ashes . To close , 1. If Episcopacy be of Apostolick Institution ( as many learned godly men judge , and it is hard to say many swearers of the Covenant had ground of clear perswasion to the contrary ) it would not be so banded against without grievous sin and scandal . 2. If Episcopacy be of indifferent nature , and only by humane constitution , it would be considered , what Protestants write against Papists , That vows of perpetual abstinence in all cases from things in their nature indifferent , are utterly unlawfull ; and let it be thought , whether it be lawfull for any subjects to bind up themselves by Oath , never to be subject to the Magistrates laws in things God hath put under the determination of his power . 3. Let Episcopacy be unlawfull , ( which is not proven by any ) yet it shall be unlawfull for-subjects to attempt the abrogation of the Laws favouring it , by any force to be us'd on the Lawgiver , which is indeed the intent of the Covenant , and the proceedings thereupon were answerable . The Lord give us humble and peaceable spirits , to see at last , and lay to heart the sin and folly of those Bonds and Combinations against the Kings Ecclesiastical Government , and his will expressed in the Laws of the land , which are inconsistent with that duty and loyalty , which Church-men , above other subjects , should pay to that Supremacy in all causes and over all persons , declared by the law to be an inherent right to the Crown : It is high time for us in this day of our tranquillity and calm which God hath wrought , to consider what belongs to our peace , and to discern the way of our duty , from which we have been too long transported by the tempestuous Agitations and diverse winds of Doctrines , Engagements and professions in the years past : Reason and Scripture , Divine and Natural law , seem to point out as with a Sun-beam , the way we should hold , namely , that for publick security , order and peace , Ministers and people do acquiesce in the present establishment , and obey every Ordinance of man , whether the King as Supream , or those who are commissionated by Him , and that not only for wrath but conscience sake . Let it be far from Ministers of the Gospel of peace , to head and lead the people into divisions and offences , and by their carriage and way , to dispose them into disaffection and discontent with the King and his Laws , as if in the account of some , ( whether of corrupt and weak minds ) he were a Tyrant not a Father to the Church , who maketh such Laws , which His conscientious subjects cannot obey for fear of sin against God ; if this way of disobedience be persisted in , it is easie to see what evils will follow , ( since it must be expected , that the King and Parliament , will in honour and justice , maintain the laws ) And how the whole Nation may be exposed to the reproach of a troublesome , disquiet , factious people , delighting still in sedition and turbulency ; It becomes us rather to cut off occasions of stumbling in the way of Gods people , and to be patterns of love to , and zeal for the Honour and tranquillity of our King and Countrey , of this Church and State , and to shew so much tenderness for the interest of Religion , Order and Unity , as to put forth our selves to the utmost in our stations , to promote all these , which will prove the most effectual way of crushing that spirit of Athelsm and profaneness , so much complained of by those who flee from the only remedy thereof ; Ministers are not to imploy themselves so much in considering how to maintain and uphold the interest of a party or cause they have espoused , as how far they may go , what they may without sin do in the practice of what the law injoyneth . The God of peace and truth direct and stablish us in the way of peace and truth , Amen . FINIS ERRATA . Pag. 15. Line 6. for others read Oaths . Pag. 18. Line 2. for sect read sort .