The Christian moderator. Third part. Or, The oath of abjuration arraign'd by the common law and common sence, ancient and modern Acts of Parl. declarations of the Army, law of God and consent of reformed divines. And humbly submitted to receive judgment from this honorable representative.
         Christian moderator. Part 3
         Birchley, William, 1613-1669.
      
       
         This text is an enriched version of the TCP digital transcription A75812 of text R207108 in the  English Short Title Catalog (Thomason E705_15). Textual changes  and metadata enrichments aim at making the text more  computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life.  The text has been tokenized and linguistically annotated with  MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish.  This text has not been fully proofread 
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             The Christian moderator. Third part. Or, The oath of abjuration arraign'd by the common law and common sence, ancient and modern Acts of Parl. declarations of the Army, law of God and consent of reformed divines. And humbly submitted to receive judgment from this honorable representative.
             Christian moderator. Part 3
             Birchley, William, 1613-1669.
          
           [2], 30 p.
           
             Printed by J.G. for Richard Lowndes at the White-Lyon in S. Pauls-Church-yard,
             London, :
             1653.
          
           
             Signed at end "Will. Birchley", the pseudonym of John Austin.
             Title page and A2v in red and black.
             The words "common law .. divines." are bracketed together on title page.
             Annotation on Thomason copy: "July. 14".
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Religious tolerance -- England -- Early works to 1800.
           Oaths -- England -- Early works to 1800.
        
      
    
       A75812  R207108  (Thomason E705_15).  civilwar no The Christian moderator. Third part. Or, The oath of abjuration arraign'd by the common law and common sence, ancient and modern Acts of Par Birchley, William 1653    14296 17 0 0 0 0 0 12 C  The  rate of 12 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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        2007-07 Emma (Leeson) Huber
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           THE
           Christian
           Moderator
           .
           THIRD
           PART
           .
           OR
           ,
           
             The
          
           OATH
           
             of
          
           ABJVRATION
           
             ARRAIGN'D
          
           BY
           THE
           
             
               Common
               Law
               and
               Common
               sence
               ,
            
             
               Ancient
               and
               modern
               Acts
               of
               
                 Parl.
                 
              
            
             
               Declarations
               of
               the
               Army
               ,
            
             
               Law
               of
               GOD
               and
               consent
               of
               Reformed
               Divines
               .
            
          
           
             AND
          
           Humbly
           submitted
           to
           receive
           
             JVDGMENT
          
           From
           this
           Honorable
           
             Representative
             .
          
        
         
           ESAY
           .
           58.
           6.
           8.
           
        
         
           
             Dissolve
             the
             Bonds
             of
             Iniquity
             ,
             take
             off
             all
             heavy
             Burthens
             ,
             break
             every
             Yoke
             ,
             and
             let
             the
             oppressed
             goe
             free
             .
          
           
             Then
             shall
             your
             light
             break
             out
             as
             the
             morning
             ,
             and
             your
             health
             spring
             forth
             speedily
             :
             your
             Righteousnesse
             shall
             go
             before
             you
             ,
             and
             the
             Glory
             of
             the
             Lord
             gather
             you
             up
             .
          
        
         
           
             LONDON
             ▪
          
           Printed
           by
           
             J.
             G.
          
           for
           
             Richard
             Lowndes
          
           at
           the
           White-Lyon
           in
           S.
           Pauls
           Church-yard
           ,
           1653.
           
        
      
    
     
       
       
       
         
           THE
           OATH
           OF
           ABJVRATION
           Arraign'd
           ,
           &c.
           
        
         
           
             
               Die
               Sabbathi
               .
               19.
               
               Augusti
               1643.
               
            
          
        
         
           
             BE
             it
             Ordained
             by
             the
             Lords
          
           and
           Commons
           assembled
           in
           Parliament
           ;
           That
           all
           such
           persons
           ,
           as
           being
           of
           the
           Age
           of
           one
           &
           twenty
           years
           or
           above
           ,
           shall
           refuse
           to
           take
           the
           Oath
           hereafter
           expressed
           ,
           which
           Oath
           any
           two
           or
           more
           of
           the
           said
           Committees
           for
           Sequestration
           in
           every
           County
           ,
           City
           or
           place
           respectively
           ,
           or
           any
           two
           Iustices
           of
           the
           Peace
           ,
           or
           the
           Major
           ,
           Baliffs
           or
           other
           head
           Officer
           of
           any
           City
           or
           Town
           Corporate
           shall
           have
           power
           to
           Administer
           to
           any
           such
           Person
           or
           Persons
           ,
           shall
           forfeit
           as
           Papists
           within
           this
           and
           the
           former
           Ordinances
           ,
           and
           Seizure
           &
           Sequestration
           of
           two
           third
           parts
           of
           all
           their
           Goods
           and
           Estates
           reall
           and
           personall
           ,
           and
           sale
           of
           such
           proportion
           of
           their
           Goods
           ,
           so
           Seized
           and
           Sequestred
           ,
           shall
           be
           made
           ,
           and
           their
           Rents
           and
           Estates
           disposed
           of
           ,
           in
           such
           Manner
           and
           Proportion
           ,
           and
           by
           such
           Persons
           ,
           as
           by
           the
           said
           Ordinance
           of
           Sequestration
           is
           appointed
           for
           Papists
           .
           
             The
             Tenor
             of
             which
             Oath
             followeth
             .
          
        
         
           
             
               
               
                 
                   The
                   OATH
                   .
                
                 
                   
                     IA
                     .
                     B.
                  
                   Do
                   abjure
                   and
                   renounce
                   the
                   Popes
                   Supremacy
                   and
                   Authority
                   over
                   the
                   Catholick
                   Church
                   in
                   generall
                   ,
                   and
                   over
                   my selfe
                   in
                   particular
                   ,
                   and
                   I
                   do
                   believe
                   that
                   there
                   is
                   not
                   any
                   
                     Transubstantiation
                  
                   in
                   the
                   Sacrament
                   of
                   the
                   
                     Lords
                     Supper
                  
                   or
                   in
                   the
                   Elements
                   of
                   Bread
                   and
                   Wine
                   after
                   Consecration
                   thereof
                   by
                   any
                   person
                   whatsoever
                   ;
                   and
                   I
                   do
                   believe
                   that
                   there
                   is
                   not
                   any
                   
                     Purgatory
                     ;
                  
                   and
                   that
                   the
                   consecrated
                   
                     Host
                     ,
                  
                   Crucifix
                   or
                   Images
                   ought
                   not
                   to
                   be
                   worshipped
                   ,
                   neither
                   that
                   any
                   worship
                   is
                   due
                   unto
                   them
                   ;
                   And
                   also
                   believe
                   ,
                   that
                   Salvation
                   cannot
                   be
                   merited
                   by
                   
                     Workes
                     ;
                  
                   And
                   all
                   Doctrines
                   in
                   affirmation
                   of
                   the
                   said
                   points
                   ,
                   I
                   do
                   abjure
                   and
                   renounce
                   without
                   any
                   Equivocation
                   ,
                   mentall
                   Reservation
                   ,
                   or
                   secret
                   Evasion
                   whatsoever
                   ,
                   taking
                   the
                   words
                   by
                   mee
                   spoken
                   ,
                   according
                   to
                   the
                   common
                   and
                   usuall
                   meaning
                   of
                   them
                   .
                   
                     So
                     help
                     me
                     God
                     .
                  
                
              
            
          
        
         
           MY
           Teares
           are
           on
           my
           Cheekes
           ,
           
           and
           mine
           Eyes
           run
           down
           with
           Water
           ,
           
           because
           the
           Comforter
           ,
           that
           should
           relieve
           my
           soule
           ,
           is
           far
           from
           me
           :
           
           how
           is
           the
           Gold
           become
           dim
           ,
           and
           the
           most
           fine
           Gold
           changed
           ?
           
           How
           have
           we
           looked
           for
           the
           time
           of
           healing
           and
           behold
           trouble
           ?
           Arise
           ,
           cry
           out
           in
           the
           night
           ,
           in
           the
           beginning
           of
           the
           Watches
           ,
           poure
           fourth
           thy
           heart
           like
           Water
           before
           the
           face
           of
           the
           Lord
           ,
           for
           they
           have
           healed
           the
           hurt
           of
           the
           Daughter
           of
           my
           people
           slightly
           ,
           
             they
             have
             still
             left
             a
             dangerous
             wound
             even
             in
             the
             heart
             of
             our
             liberty
             .
          
           
           Is
           there
           no
           Balm
           in
           
             Gilead
             ?
          
           is
           there
           no
           Phisitian
           ?
           why
           then
           is
           not
           the
           health
           of
           the
           Daughter
           of
           my
           people
           recovered
           ?
           
             Why
             are
             these
          
           Oathes
           
             continued
             with
             so
             sharpe
             a
             double
             edge
             ,
             that
             unavoidably
             they
             either
             cut
             the
             purse
             or
             kill
             the
             Conscience
             ?
          
        
         
           I
           confesse
           my
           own
           weaknesse
           in
           the
           Government
           of
           my selfe
           ,
           I
           confesse
           my
           own
           ignorance
           in
           prescribing
           to
           others
           ;
           yet
           the
           desires
           
           of
           prosperity
           to
           this
           Nation
           have
           taken
           such
           strong
           hold
           upon
           my
           Soule
           ,
           and
           I
           feel
           my
           Spirit
           so
           powerfully
           drawn
           forth
           to
           advance
           the
           things
           that
           belong
           to
           its
           peace
           ,
           that
           I
           cannot
           refrain
           my
           Pen
           from
           humbly
           and
           earnestly
           soliciting
           a
           more
           firm
           and
           perfect
           establishment
           of
           the
           two
           principall
           Pillers
           of
           all
           flourishing
           Common-wealths
           ,
           
             Mercy
             to
             such
             as
             suffer
             for
             Conscience
             ;
             and
             impartiall
             Justice
             to
             all
             men
             .
          
        
         
           As
           these
           considerations
           have
           engaged
           me
           once
           more
           to
           expose
           the
           most
           secret
           and
           retired
           thoughts
           of
           my
           heart
           to
           be
           seen
           by
           others
           ;
           So
           I
           assure
           the
           Reader
           this
           shall
           be
           their
           last
           appearance
           in
           publique
           ,
           that
           he
           may
           rest
           secure
           from
           all
           fear
           of
           losing
           his
           time
           upon
           any
           thing
           of
           mine
           hereafter
           :
           But
           lest
           I
           offend
           too
           much
           in
           the
           present
           trouble
           I
           give
           him
           ;
           I
           shall
           imediatly
           apply
           my selfe
           to
           my
           task
           ,
           and
           endeavour
           with
           a
           gentle
           ,
           yet
           faithfull
           hand
           ,
           to
           open
           the
           orifice
           of
           the
           
             neglected
          
           wound
           ,
           humbly
           imploring
           the
           gratious
           influence
           of
           Heaven
           to
           govern
           our
           
             Great
             Colledge
          
           in
           their
           grave
           and
           charitable
           consults
           for
           the
           perfect
           cure
           of
           all
           our
           sorrowes
           .
        
         
           And
           in
           searching
           how
           mortall
           a
           stroake
           such
           Oathes
           ,
           as
           this
           of
           
             Abjuration
             ,
          
           give
           to
           the
           known
           Rights
           ,
           and
           Priviledges
           of
           the
           People
           of
           this
           Land
           ,
           my
           Method
           shall
           be
           directed
           by
           these
           Heads
           .
        
         
           
             That
             they
             are
             Fundamentally
             repugnant
             to
             the
             Common
             Lawes
             and
             ancient
             Statutes
             of
             this
             Nation
             .
             Directly
             contrary
             to
             many
             Acts
             even
             of
             the
             last
             Parliament
             ,
             and
             Declarations
             of
             the
             present
             Army
             .
             Absolutely
             prohibited
             by
             the
             Law
             of
             God
             ,
             and
             inconsistent
             with
             the
             generall
             judgement
             of
             all
             Reformed
             Churches
             .
          
        
         
           MAgistrates
           being
           originally
           instituted
           for
           this
           principall
           end
           ,
           
           to
           maintain
           a
           just
           order
           &
           harmony
           in
           the
           outward
           Motions
           of
           the
           multitude
           ,
           it
           necessarily
           followes
           that
           the
           generall
           designe
           of
           Government
           is
           little
           concerned
           ,
           what
           noat
           we
           make
           in
           our
           single
           selves
           ,
           if
           we
           be
           in
           tune
           with
           our
           Companions
           .
        
         
           Upon
           which
           ground
           the
           Common
           Law
           of
           this
           Land
           directs
           all
           its
           care
           to
           rule
           and
           treat
           us
           ,
           as
           we
           are
           considered
           in
           reference
           to
           one
           another
           ,
           and
           therefore
           neither
           limits
           our
           private
           expences
           ,
           nor
           obliges
           to
           any
           course
           of
           Physick
           ;
           because
           our
           particular
           fortunes
           and
           health
           are
           of
           very
           little
           importance
           to
           the
           Publique
           ,
           and
           of
           very
           much
           to
           our selves
           ;
           And
           since
           nothing
           is
           more
           reasonable
           then
           to
           entrust
           those
           with
           the
           managery
           of
           an
           affair
           ,
           whom
           
           the
           issue
           most
           concernes
           ,
           it
           cannot
           be
           denyed
           ,
           but
           as
           this
           freedom
           (
           without
           which
           we
           were
           absolute
           Slaves
           ,
           )
           is
           allowed
           us
           in
           relation
           to
           our
           Bodies
           and
           Estates
           :
           So
           our
           Souls
           (
           as
           far
           as
           may
           consist
           with
           the
           publique
           peace
           )
           ought
           to
           enjoy
           a
           just
           and
           proportionable
           share
           in
           the
           same
           liberty
           .
        
         
           Much
           lesse
           doth
           the
           Law
           either
           punish
           or
           reward
           our
           
             thoughts
             ,
          
           because
           they
           neither
           disappoint
           nor
           advance
           its
           ends
           ;
           The
           intention
           of
           Murther
           (
           though
           in
           the
           highest
           degree
           of
           premeditated
           malice
           )
           is
           no
           way
           subject
           to
           any
           legall
           account
           ,
           if
           the
           mischievous
           purpose
           stay
           at
           the
           fancy
           ,
           and
           proceed
           no
           farther
           to
           any
           outward
           attempt
           :
           By
           which
           necessary
           distinction
           betwixt
           Divine
           and
           Human
           Jurisdiction
           ,
           the
           Law
           religiously
           preserves
           its
           reverence
           to
           the
           great
           Tribunall
           of
           God
           ,
           before
           whom
           only
           ,
           we
           are
           to
           answer
           for
           the
           private
           errors
           and
           secret
           vices
           of
           our
           hearts
           ,
           as
           we
           are
           accountable
           to
           the
           Magistrate
           for
           the
           open
           Crimes
           and
           scandalous
           Actions
           of
           our
           hand●
           .
        
         
           If
           any
           conceive
           it
           just
           to
           enact
           a
           Law
           against
           
             Erroneous
             Thoughts
          
           in
           Religion
           ,
           with
           an
           Oath
           of
           
             Aburation
          
           to
           make
           the
           suspected
           accuse
           himself
           ,
           why
           should
           they
           not
           as
           well
           impose
           a
           penalty
           upon
           the
           
             vicious
             Thoughts
          
           of
           
             Hatred
             ,
             Revenge
          
           or
           
             Ambition
             :
          
           And
           then
           force
           every
           one
           to
           swear
           whether
           he
           be
           guilty
           ?
           Certainly
           Magistrates
           may
           as
           lawfully
           put
           us
           to
           our
           Oathes
           ,
           whether
           we
           have
           assented
           to
           any
           traiterous
           
             thought
          
           against
           our
           Country
           ,
           or
           
             coveted
          
           our
           Neighbours
           Goods
           or
           Wife
           ,
           as
           what
           we
           
             think
          
           of
           such
           a
           point
           of
           Divinity
           .
        
         
           Should
           it
           be
           pretended
           ,
           that
           the
           Oath
           of
           
             Abjuration
          
           commits
           no
           force
           upon
           the
           
             mind
             ,
          
           but
           only
           upon
           the
           
             mouth
             ;
          
           gives
           free
           leave
           to
           
             think
          
           what
           we
           will
           ,
           if
           we
           
             swear
          
           as
           it
           commands
           ;
           Such
           liberty
           of
           Conscience
           (
           to
           believe
           in
           our
           hearts
           contrary
           to
           what
           we
           profess
           with
           our
           lips
           )
           
             Nero
          
           himself
           allowed
           ;
           Such
           liberty
           of
           Conscience
           (
           that
           is
           ,
           damnable
           hypocrisy
           )
           is
           indeed
           the
           proper
           and
           naturall
           effect
           of
           compulsion
           upon
           the
           Conscience
           :
           Surely
           by
           this
           glorious
           word
           (
           
             liberty
          
           )
           something
           more
           is
           intended
           to
           be
           left
           us
           ,
           then
           what
           no
           Tyrant
           can
           take
           from
           us
           ;
           Surely
           it
           ought
           at
           least
           to
           be
           so
           curteously
           interpreted
           ,
           that
           by
           this
           kind
           phrase
           (
           
             Liberty
             of
             Conscience
          
           )
           be
           understood
           a
           liberty
           consistent
           with
           Conscience
           ;
           a
           condition
           ,
           wherein
           every
           peaceable
           Christian
           may
           follow
           
             our
             Principles
             ,
          
           without
           renouncing
           his
           
             own
             honesty
             :
          
           yet
           I
           confesse
           it
           puzzels
           all
           the
           reason
           I
           am
           owner
           of
           ,
           that
           they
           who
           take
           this
           Oath
           (
           though
           very
           credibly
           against
           their
           Consciences
           )
           shall
           enjoy
           the
           
           full
           benefit
           of
           
             tender
             Consciences
             ;
          
           And
           if
           any
           refuse
           it
           (
           because
           against
           his
           Conscience
           )
           he
           is
           wholly
           excluded
           from
           the
           least
           mercy
           provided
           for
           
             tender
             Consciences
             .
          
        
         
           Besides
           ,
           
           this
           dispunishableness
           of
           thoughts
           arises
           as
           well
           from
           the
           impossibility
           of
           lawfull
           proof
           ,
           as
           from
           their
           innocency
           in
           not
           offending
           others
           ;
           And
           therefore
           a
           secret
           promise
           (
           though
           most
           seriously
           and
           deliberatly
           resolv'd
           on
           )
           if
           reserved
           in
           the
           parties
           own
           Conscience
           ,
           creates
           no
           
             legall
          
           Obligation
           of
           performance
           ;
           which
           could
           not
           be
           true
           ,
           
           if
           the
           Law
           did
           allow
           any
           proceeding
           ,
           whereby
           the
           party
           were
           compellable
           to
           accuse
           himselfe
           .
        
         
           And
           therefore
           ,
           even
           in
           
             Chancery
          
           (
           though
           that
           be
           a
           swearing
           Court
           )
           if
           a
           
             Bill
             of
             Perjury
          
           be
           sued
           upon
           the
           Statute
           (
           5.
           
           
             Eliz.
          
           )
           the
           Defendant
           shall
           not
           be
           forced
           to
           make
           Answer
           upon
           Oath
           either
           to
           the
           
             Bill
          
           or
           
             Interrogatories
             .
          
           So
           if
           a
           Juror
           be
           challenged
           for
           partiallity
           ,
           grounded
           upon
           some
           indifferent
           and
           unreproachfull
           objection
           (
           as
           Kindred
           to
           one
           of
           the
           parties
           ,
           
             &c.
          
           )
           he
           shall
           be
           admitted
           to
           clear
           such
           a
           question
           by
           his
           own
           Oath
           ;
           but
           if
           the
           charge
           be
           either
           ignominous
           or
           dangerous
           ,
           as
           
             bribery
             ,
          
           &c.
           the
           challenger
           must
           maintain
           his
           Assertion
           by
           witnesses
           ;
           
           It
           being
           unreasonable
           (
           in
           the
           wise
           and
           moderate
           judgement
           of
           the
           Law
           )
           that
           any
           one
           be
           enforced
           to
           become
           his
           own
           accuser
           .
           With
           these
           agree
           many
           other
           Authorities
           ,
           all
           unanimously
           subscribing
           to
           this
           conclusion
           ,
           as
           an
           undeniable
           Maxime
           of
           Law
           ,
           
           that
           ,
           
             None
             can
             be
             lawfully
             examined
             upon
             Oath
             ,
             concerning
             any
             thing
             that
             sounds
             to
             his
             own
             prejudice
             .
          
        
         
           Nay
           so
           great
           an
           abhorrence
           has
           the
           Common
           Law
           of
           the
           parties
           being
           forced
           to
           prosecute
           and
           condemn
           himself
           ,
           that
           it
           employs
           an
           extraordinary
           diligence
           to
           prevent
           so
           destructive
           an
           abuse
           ;
           And
           therefore
           in
           
             Fitzherberts
             Natura
             Brevium
             ,
          
           if
           any
           had
           been
           cited
           into
           the
           Spirituall
           Court
           to
           accuse
           himself
           
             pro
             salute
             Animae
             ,
          
           as
           they
           call'd
           it
           ,
           a
           
             Prohibition
          
           lay
           at
           the
           Common
           Law
           to
           stop
           and
           supersede
           their
           proceedings
           ;
           And
           it
           is
           a
           case
           adjudged
           ,
           that
           ,
           if
           in
           a
           
             paenall
             Law
             ,
          
           the
           jurisdiction
           of
           the
           Ordinary
           be
           saved
           ,
           as
           in
           1
           
             Eliz.
          
           
           2.
           for
           hearing
           of
           
             Masse
             ,
          
           the
           party
           shall
           not
           be
           examined
           upon
           Oath
           before
           the
           Ordinary
           concerning
           that
           point
           ,
           because
           it
           might
           becom
           an
           evidence
           against
           himselfe
           ,
           
           if
           questioned
           afterwards
           in
           the
           temporall
           Courts
           ,
           which
           is
           a
           direct
           Authority
           in
           the
           very
           point
           out
           of
           a
           Book
           licensed
           and
           Printed
           by
           speciall
           Order
           of
           the
           last
           
             Parliament
             ,
          
           
           cleerly
           proving
           ,
           that
           as
           the
           Papists
           ought
           to
           be
           tryed
           by
           witnesses
           ,
           
           and
           not
           themselves
           examined
           upon
           Oath
           ,
           
           concerning
           their
           going
           to
           
             Masse
             ;
          
           So
           ,
           much
           less
           concerning
           their
           inward
           belief
           ,
           especially
           when
           such
           ruine
           attends
           them
           in
           their
           Estates
           ,
           if
           they
           dare
           refuse
           to
           sweare
           against
           their
           Consciences
           .
        
         
           It
           is
           true
           by
           the
           Common
           Law
           in
           some
           personall
           Actions
           the
           Defendant
           is
           
             admitted
          
           (
           not
           
             compelld
          
           )
           to
           his
           Oath
           ,
           as
           in
           Case
           of
           
             wager
             of
             Law
             ,
          
           
           &c.
           33.
           
             H.
          
           6.
           10.
           of
           
             non
             summons
          
           in
           a
           
             Praecipe
             quod
             reddat
             ,
          
           and
           of
           
             garnishment
             ,
          
           upon
           a
           
             Scire
             Facias
             ,
          
           &c.
           
           But
           all
           these
           Oathes
           are
           either
           voluntarily
           offered
           by
           the
           party
           himself
           ,
           not
           enforced
           upon
           him
           by
           the
           Judges
           ,
           and
           go
           in
           discharge
           ,
           not
           condemnation
           of
           him
           ;
           or
           else
           concern
           only
           some
           collaterall
           passage
           of
           little
           importance
           to
           the
           decision
           of
           the
           main
           controversie
           ,
           nor
           is
           the
           least
           shadow
           of
           such
           practise
           to
           be
           seen
           in
           any
           
             penall
             Law
             ,
          
           which
           is
           the
           only
           point
           we
           dispute
           upon
           ,
           and
           which
           we
           here
           undertake
           to
           prove
           ;
           a
           proceeding
           altogether
           unknown
           to
           our
           Lawes
           ,
           that
           any
           one
           should
           be
           constrained
           to
           inform
           against
           himself
           ,
           and
           so
           become
           his
           own
           Executioner
           .
        
         
           Upon
           this
           ground
           Sir
           
             Thomas
             Moore
          
           (
           a
           person
           compleatly
           learned
           in
           the
           Lawes
           of
           this
           Land
           ,
           and
           universally
           famous
           for
           courage
           and
           resolution
           ,
           according
           to
           his
           principles
           )
           refused
           the
           then
           new
           Oath
           concerning
           the
           Kings
           Supreamacy
           and
           Divorce
           ,
           alleadging
           for
           his
           defence
           at
           the
           Bar
           ,
           that
           he
           never
           
             spake
          
           or
           
             acted
          
           any
           thing
           against
           that
           Statute
           ,
           and
           upon
           this
           Plea
           he
           relyed
           ,
           as
           an
           evident
           justification
           in
           Law
           ,
           
             which
             never
          
           (
           said
           he
           )
           
             was
             strained
             so
             far
             as
             to
             reach
             our
             thoughts
             ;
          
           and
           for
           his
           inward
           judgement
           ,
           he
           freely
           profest
           that
           Oath
           to
           be
           against
           it
           ,
           offering
           before
           the
           Judges
           to
           sweare
           ,
           that
           the
           unsatisfaction
           of
           his
           Conscience
           therein
           was
           the
           onely
           cause
           of
           his
           refusall
           to
           comply
           with
           their
           Commands
           .
        
         
           And
           if
           we
           look
           back
           upon
           times
           behind
           us
           ,
           we
           shall
           often
           see
           the
           
             outward
             words
          
           and
           
             actions
          
           censured
           by
           the
           Magistrate
           ,
           but
           never
           the
           least
           attempt
           upon
           the
           
             a
          
           
             inward
             belief
             ;
          
           though
           the
           principles
           heretofore
           entertained
           concerning
           the
           use
           of
           force
           in
           Religion
           have
           generally
           been
           far
           more
           rigid
           ,
           then
           those
           we
           now
           professe
           .
        
         
           Therefore
           in
           the
           Acts
           of
           5.
           
           
             Hen.
          
           2.
           5.
           
           &
           2.
           
             Hen.
          
           4.
           14.
           
           &
           2.
           
             Hen.
          
           5.
           1.
           
           (
           made
           even
           in
           Popish
           times
           which
           we
           so
           much
           condemn
           for
           cruelty
           )
           those
           that
           began
           new
           opinions
           contrary
           to
           the
           received
           Religion
           of
           the
           Nation
           ,
           
           are
           prohibited
           
             to
             Preach
             publickly
          
           any
           doctrine
           destructive
           of
           the
           Established
           Lawes
           ,
           or
           by
           their
           subtile
           
           Sermons
           to
           draw
           the
           people
           after
           them
           ;
           But
           not
           a
           word
           of
           forcing
           to
           swear
           the
           contrary
           .
        
         
           They
           are
           forbidden
           to
           write
           Books
           in
           defence
           of
           their
           singularities
           ,
           or
           make
           unlawfull
           Conventicles
           to
           the
           endangering
           of
           the
           publique
           Peace
           ;
           But
           not
           a
           sillable
           of
           renouncing
           what
           they
           believed
           in
           their
           heart
           .
        
         
           
             The
             Statute
             of
          
           31.
           
           
           Hen.
           8.
           14.
           
             layes
             a
             forfeiture
             upon
             any
             that
          
           by
           Word
           ,
           Writing
           ,
           Printing
           ,
           Publishing
           ,
           Preaching
           or
           Teaching
           ,
           shall
           maintaine
           any
           of
           the
           Opinions
           in
           six
           Articles
           therein
           prohibited
           :
           
             But
             not
             a
             Letter
             of
             Abjuring
             their
             inward
             perswasion
             .
          
        
         
           
             And
             what
             the
             Lord
          
           Herbert
           
             in
             his
             History
             of
          
           Henry
           
             the
          
           8.
           
           
             saith
             concerning
             this
             Statute
             is
             worth
             consideration
             ,
             his
             words
             are
             these
             .
          
           The
           six
           Articles
           being
           now
           published
           ,
           gave
           no
           little
           occasion
           of
           murmur
           ,
           since
           to
           revoke
           the
           Conscience
           not
           only
           from
           its
           own
           Court
           ,
           but
           from
           the
           ordinary
           wayes
           of
           resolving
           Controversies
           ,
           to
           such
           an
           abrupt
           decision
           of
           the
           Common
           Law
           ,
           as
           is
           there
           set
           down
           ,
           was
           thought
           to
           be
           a
           deturning
           of
           Religion
           from
           its
           right
           and
           usuall
           course
           ;
           since
           the
           Conscience
           must
           be
           taught
           ,
           not
           forced
           ;
           without
           that
           it
           should
           at
           any
           time
           be
           handled
           roughly
           ,
           as
           being
           of
           so
           delicate
           a
           temper
           ,
           as
           though
           it
           suffer
           an
           edge
           to
           be
           put
           on
           ,
           who
           doth
           more
           ,
           diminisheth
           or
           breakes
           it
           :
           Besides
           to
           make
           the
           contravening
           of
           Doctrines
           ,
           to
           be
           capitall
           ,
           before
           they
           be
           fully
           proved
           ,
           is
           prejudiciall
           to
           that
           liberty
           ,
           without
           which
           none
           can
           justify
           himself
           before
           God
           or
           Man
           :
           For
           if
           it
           be
           death
           (
           
             and
             Sequestration
             is
             a
             kind
             of
             death
          
           )
           to
           believe
           otherwise
           then
           wee
           are
           commanded
           ;
           how
           unsafe
           will
           it
           be
           to
           make
           exact
           enquiry
           ?
           and
           without
           it
           ,
           who
           can
           say
           his
           Religion
           is
           best
           ?
           Besides
           the
           Example
           is
           dangerous
           ;
           For
           if
           Infidels
           and
           Heathens
           (
           to
           retain
           their
           People
           in
           obedience
           )
           should
           do
           the
           like
           ,
           who
           would
           ever
           turne
           Christian
           ?
           Therefore
           
             Cranmer
          
           for
           three
           dayes
           together
           in
           the
           open
           Assembly
           oppos'd
           these
           Articles
           boldly
           ,
           &c.
           
           
             Thus
             far
             this
             learned
             Historian
             .
          
        
         
           The
           Statute
           of
           1
           
             Edw.
          
           6.
           1.
           
           (
           in
           the
           beginning
           of
           the
           Reformation
           )
           continued
           the
           same
           stile
           of
           punishing
           only
           the
           outward
           Act
           ,
           whilst
           it
           declares
           ,
           
             if
             any
             shall
             deprave
             ,
             despise
             or
             contemn
             the
             Sacrament
             of
             the
             Altar
          
           (
           so
           called
           in
           the
           Act
           ,
           according
           to
           the
           Language
           of
           those
           times
           )
           
             he
             should
             suffer
             imprisonment
             and
             make
             fine
             and
             ransom
             at
             the
             Kings
             pleasure
             .
          
           
        
         
           
             In
             the
             Statutes
             of
          
           1.
           Eliz.
           1.
           
           
             &
          
           8.
           Eliz.
           10.
           
             it
             is
             Enacted
             ;
             That
          
           if
           any
           person
           shall
           by
           Writing
           ,
           
           Printing
           ,
           Teaching
           or
           Preaching
           extoll
           ,
           &c.
           
           The
           authority
           of
           the
           Bishop
           of
           
             Rome
             ,
          
           or
           by
           any
           Speeches
           ,
           
           Deed
           or
           open
           Act
           attribute
           any
           authority
           here
           in
           England
           to
           the
           said
           Bishop
           ,
           hee
           shall
           incur
           the
           penalty
           mentioned
           in
           that
           Statute
           .
        
         
           
             Agreeable
             to
             the
             former
             Statutes
             is
          
           (
           13
           Eliz.
           
           
             c.
          
           12.
           )
           
             being
             the
             Act
             made
             for
             the
             subscription
             to
             the
             Articles
             of
             Religion
             ,
             then
             newly
             modelled
             into
             a
             publique
             forme
             of
             confession
             of
             Faith
             .
             The
             words
             of
             the
             Act
             are
             these
             .
          
           If
           any
           such
           Ecclesiasticall
           person
           shall
           advisedly
           maintain
           or
           affirme
           any
           doctrine
           directly
           contrary
           or
           repugnant
           to
           the
           said
           39
           Articles
           ,
           and
           shall
           persist
           therein
           and
           not
           revoke
           his
           errour
           ,
           such
           maintaining
           or
           affirming
           and
           persisting
           ,
           shall
           be
           just
           cause
           to
           deprive
           such
           person
           of
           his
           Ecclesiasticall
           promotions
           .
           
             Upon
             which
             Statute
             these
             things
             are
             observable
             .
          
        
         
           First
           ,
           that
           these
           subscriptions
           being
           concerning
           matters
           of
           Faith
           are
           required
           of
           Schollers
           and
           Divines
           upon
           their
           pretence
           to
           Church
           preferments
           ,
           not
           of
           lay
           persons
           ,
           to
           dispossesse
           them
           of
           their
           temporall
           inheritances
           .
        
         
           Secondly
           ,
           they
           must
           
             maintaine
             or
             affirm
          
           some
           doctrine
           opposite
           to
           these
           Articles
           ,
           to
           bring
           them
           within
           the
           penalty
           of
           that
           Law
           .
           So
           that
           the
           
             believing
          
           only
           of
           the
           contrary
           is
           not
           sufficient
           .
        
         
           Thirdly
           ,
           such
           maintaining
           or
           affirming
           is
           to
           be
           voluntary
           ,
           and
           not
           drawn
           out
           of
           them
           by
           the
           rack
           of
           an
           Oath
           .
        
         
           Fourthly
           ,
           it
           ,
           being
           made
           a
           
             cause
          
           of
           Deprivation
           ,
           must
           be
           by
           witnesses
           ,
           and
           not
           by
           the
           enforced
           abjuration
           of
           the
           party
           .
        
         
           Fifthly
           ,
           they
           are
           to
           lose
           only
           their
           Ecclesiasticall
           promotions
           ,
           and
           not
           to
           be
           deprived
           of
           their
           temporall
           Estate
           .
           Not
           one
           of
           these
           so
           rationall
           and
           necessary
           cautions
           is
           at
           all
           now
           considered
           in
           the
           modern
           proceedings
           against
           Papists
           ;
           but
           the
           most
           unlearned
           Tradesman
           and
           ignorant
           Woman
           amongst
           them
           are
           compel'd
           to
           accuse
           themselves
           ,
           their
           Judges
           never
           asking
           after
           witnesses
           ;
           And
           this
           under
           forfeiture
           of
           full
           two
           thirds
           of
           all
           their
           Goods
           and
           Lands
           .
        
         
           
             And
             even
             in
             the
             last
             Parliament
             many
          
           Ordinances
           
             have
             followed
             the
             same
             way
             of
             prohibiting
             externall
             disorders
             ,
          
           
           
             occasioned
             from
             difference
             in
             opinions
             ,
             but
             not
             precisely
             for
             the
             bare
             difference
             in
             opinion
             ;
             As
             that
             of
             the
          
           11
           Aug.
           1645.
           
             made
             by
             the
             Lords
             and
             Commons
             .
          
           
           
             Wherein
             it
             is
             Ordained
             ,
          
           that
           what
           person
           soever
           shall
           endeavour
           to
           bring
           the
           
             Directory
          
           into
           contempt
           ,
           or
           raise
           any
           opposition
           against
           it
           ,
           or
           shall
           practise
           ,
           write
           or
           Print
           ,
           or
           cause
           to
           be
           written
           or
           Printed
           any
           thing
           in
           derogation
           or
           depraving
           of
           the
           said
           
             Directory
             ,
          
           shall
           lose
           and
           forfeit
           for
           such
           offence
           such
           a
           sum
           of
           money
           ,
           as
           shall
           at
           the
           time
           of
           his
           conviction
           be
           thought
           fit
           to
           be
           imposed
           
           upon
           him
           ,
           by
           him
           before
           whom
           he
           shall
           have
           his
           tryall
           .
        
         
           
             Conformable
             to
             this
             was
             an
             Order
             made
             in
          
           Parliament
           Decemb.
           
           22.
           1646.
           
           The
           
             Parliament
          
           taking
           into
           consideration
           ,
           that
           some
           
             Anabaptists
          
           and
           other
           Sectaries
           have
           disturbed
           the
           Ministers
           and
           Congregations
           in
           some
           Churches
           of
           this
           Realme
           ,
           in
           disparagement
           of
           the
           Lawes
           ,
           Statutes
           and
           Governments
           thereof
           ,
           do
           Order
           that
           the
           Constables
           and
           Headboroughs
           within
           their
           severall
           Parishes
           ,
           &c.
           shall
           arrest
           the
           bodies
           of
           all
           such
           persons
           as
           shall
           disturbe
           any
           Ministers
           in
           holy
           Orders
           ,
           whilst
           he
           is
           in
           place
           of
           exercising
           his
           publique
           Calling
           ,
           by
           speaking
           to
           him
           ,
           or
           using
           irreverent
           gestures
           or
           actions
           ;
           and
           that
           they
           carry
           the
           bodies
           of
           such
           Offenders
           before
           some
           Justice
           of
           Peace
           of
           the
           same
           County
           to
           be
           dealt
           with
           ,
           as
           to
           Justice
           shall
           appertain
           .
        
         
           
             So
             likewise
          
           9.
           
           
           Aug.
           1650.
           
           It
           is
           Enacted
           ,
           that
           every
           person
           that
           shall
           presume
           avowedly
           by
           words
           to
           professe
           ,
           or
           shall
           by
           writing
           proceed
           to
           affirm
           any
           Blasphemous
           ,
           Atheisticall
           or
           execrable
           Opinions
           derogatory
           to
           the
           Honour
           of
           God
           ,
           such
           persons
           so
           avowedly
           professing
           ,
           maintaining
           or
           publishing
           the
           said
           Opinions
           or
           any
           of
           them
           ,
           shall
           incurr
           the
           penalties
           of
           the
           said
           Statute
           .
           
             Which
             shewes
             plainly
             that
             the
             last
             Parliament
             thought
             it
             not
             fit
             to
             punish
             any
             for
             erroneous
             Opinions
             ,
             (
             though
             of
             the
             highest
             nature
             )
             If
             the
             party
             shall
             onely
             believe
             them
             in
             his
             heart
             ,
             and
             keep
             them
             within
             his
             own
             breast
             .
          
        
         
           Lastly
           ,
           (
           as
           a
           finall
           decision
           of
           this
           point
           and
           full
           satisfaction
           of
           those
           objections
           ,
           which
           some
           make
           against
           the
           validity
           of
           an
           Ordinance
           )
           it
           was
           Enacted
           (
           17
           
             Car.
          
           )
           by
           the
           King
           ,
           Lords
           ,
           and
           Commons
           ,
           
             That
             no
             person
             whatsoever
             exercizing
             any
             Ecclesiasticall
          
           (
           much
           lesse
           temporall
           )
           
             jurisdiction
             shall
             tender
             any
             Oath
             to
             any
             person
             ,
             either
          
           Ex
           Officio
           
             or
             at
             the
             instance
             of
             any
             whosoever
             ,
             whereby
             he
             may
             be
             charged
             to
             confesse
             or
             accuse
             himself
             of
             any
             crime
             ,
             and
             so
             expose
             himselfe
             to
             punishment
             :
          
           then
           which
           no
           clearer
           or
           more
           definitive
           sentence
           can
           be
           imagined
           .
        
         
           And
           (
           which
           is
           very
           observable
           )
           never
           in
           former
           times
           was
           any
           
             Abjuration
          
           required
           ,
           but
           of
           such
           ,
           as
           were
           first
           legally
           convict
           of
           Heresy
           ;
           Never
           till
           these
           times
           ,
           was
           the
           
             Abjuration
          
           it self
           made
           the
           conviction
           ,
           
           and
           therefore
           in
           the
           Statute
           of
           2
           
             Hen.
          
           4.
           15.
           
           These
           two
           conditions
           are
           punctually
           exprest
           ,
           That
           in
           case
           of
           
             Abjuration
          
           the
           opinion
           to
           be
           abjured
           be
           a
           known
           heresy
           ,
           and
           the
           party
           to
           abjure
           be
           legally
           found
           guilty
           ,
           before
           they
           proceed
           to
           exact
           his
           
             Abjuration
             .
          
        
         
         
           According
           to
           this
           tenor
           run
           many
           other
           Statutes
           both
           ancient
           and
           modern
           ,
           which
           my
           design
           of
           brevity
           enforces
           me
           to
           omit
           ,
           and
           the
           full
           sufficiency
           of
           the
           Lawes
           already
           cited
           renders
           altogether
           unnecessary
           ;
           only
           I
           shall
           desire
           leave
           to
           extract
           these
           few
           sound
           and
           excellent
           words
           out
           of
           the
           Petition
           of
           Right
           ,
           3
           
             Car.
             
             That
             no
             free
             men
             be
             compelled
             to
             take
             any
             Oath
             ,
             not
             warranted
             by
             the
             Lawes
             of
             the
             Realme
             .
          
        
         
           This
           being
           then
           concluded
           ,
           that
           
             thoughts
             are
             free
             from
             all
             humane
             Lawes
             ,
             and
             self
             accusation
             contrary
             to
             the
             English
             Lawes
             ;
          
           it
           is
           very
           suitable
           to
           our
           Method
           ,
           to
           consider
           next
           what
           provision
           our
           Common-wealth
           has
           made
           for
           discovery
           and
           conviction
           of
           Offenders
           ;
           Wherein
           after
           I
           have
           slightly
           toucht
           some
           of
           the
           Arguments
           mentioned
           in
           the
           
             first
             part
          
           of
           this
           
             Moderator
             ,
          
           I
           shall
           pass
           on
           to
           those
           aditionall
           reasons
           I
           have
           since
           collected
           ,
        
         
           
             And
             that
             the
             way
             of
             Indictment
             and
             conviction
             of
             witnesses
             and
             Jury
             is
             the
             only
             proceeding
             owned
             by
             the
             fundamentall
             Lawes
             of
             this
             Land
             ,
          
        
         
           IS
           abundantly
           proved
           by
           the
           chief
           Author
           and
           surest
           defender
           of
           all
           our
           Liberties
           ,
           
             Magna
             Carta
             ,
          
           so
           often
           confirmed
           in
           our
           ancient
           Parliaments
           ,
           so
           reverently
           upon
           all
           occasions
           cited
           by
           the
           last
           :
           where
           every
           English
           man
           may
           read
           with
           joy
           these
           precious
           words
           .
           
             No
             free
             man
             may
             be
             arrested
             or
             imprisoned
             ,
             but
             by
             due
             Proces
             of
             Law
             .
             No
             man
             shall
             be
             put
             out
             of
             his
             freehold
             by
             either
             the
             King
             himself
             ,
          
           
           
             or
             any
             Commissioners
             ,
             but
             every
             ones
             right
             to
             be
             tryed
             by
             a
             Jury
             of
             his
             equalls
             .
          
           Of
           which
           happy-freedom
           the
           Papists
           (
           who
           long
           since
           procured
           it
           for
           this
           Nation
           )
           enjoy
           not
           now
           the
           least
           shadow
           .
        
         
           5
           Ed.
           3.
           9.
           
           It
           is
           enacted
           that
           no
           man
           from
           hence
           forth
           shall
           be
           attached
           upon
           any
           occasion
           ,
           nor
           his
           Lands
           ,
           Tenements
           ,
           Goods
           ,
           or
           Chattells
           seized
           against
           the
           form
           of
           the
           great
           Charter
           or
           against
           the
           Law
           of
           the
           Land
           .
           
             To
             this
             regular
             form
             of
             proceeding
             Thieves
             and
             Robbers
             have
             a
             cleer
             and
             allowed
             right
             ,
             only
             Papists
             upon
             the
             single
             account
             of
             Religion
             are
             altogether
             excluded
             .
          
        
         
           25.
           Ed.
           3.
           c.
           4.
           
           
             None
             is
             to
             be
             convicted
             of
             any
             offence
             ,
             unlesse
             by
             indictment
             ,
             or
             presentment
             of
             good
             ,
             and
             lawfull
             men
             ,
             where
             such
             offence
             is
             supposed
             to
             be
             done
             .
          
           This
           Justice
           every
           Murtherer
           can
           claim
           and
           no
           Judge
           dare
           deny
           ;
           only
           the
           Papist
           whom
           we
           can
           accuse
           of
           no
           other
           crime
           ;
           then
           difference
           of
           judgement
           in
           Religion
           ,
           is
           forced
           to
           convict
           himself
           by
           his
           own
           Oath
           ,
           without
           the
           least
           colour
           of
           any
           
           legall
           Indictment
           ,
           so
           expresly
           contrary
           to
           the
           known
           Lawes
           and
           ancient
           liberties
           of
           this
           Nation
           .
        
         
           28.
           
             Ed.
          
           3.
           c.
           3.
           
           
             No
             man
             of
             what
             Condition
             or
             Estate
             soever
             shall
             be
             put
             out
             of
             his
             Lands
             or
             Tenements
             without
             being
             brought
             to
             answer
             by
             due
             proces
             of
             Law
             .
          
           This
           priviledge
           the
           most
           triviall
           fellow
           ,
           that
           has
           but
           a
           Cottage
           to
           hide
           his
           head
           in
           ,
           may
           uncontrollably
           challenge
           ,
           and
           God
           forbid
           it
           should
           be
           refused
           him
           ;
           but
           then
           how
           is
           it
           reasonable
           that
           Recusants
           (
           many
           of
           them
           persons
           of
           very
           considerable
           ,
           quality
           )
           be
           dispossest
           of
           so
           great
           Estates
           ,
           upon
           their
           own
           enforced
           Oaths
           without
           any
           due
           process
           of
           Law
           ?
        
         
           42.
           
             Ed.
          
           3.
           cap.
           1.
           
           It
           is
           
             enacted
             that
             the
             great
             Charter
             shall
             be
             held
             ,
             and
             kept
             in
             all
             points
             ,
             and
             if
             any
             Statute
             be
             made
             to
             the
             contrary
             it
             shall
             be
             void
             .
          
           Nay
           so
           great
           account
           have
           our
           wisest
           Ancestors
           made
           of
           this
           
             Magna
             Carta
             ,
          
           so
           carefully
           provided
           for
           its
           preservation
           and
           universall
           observance
           ,
           that
           it
           has
           no
           lesse
           then
           30
           times
           been
           solemnly
           confirmed
           by
           Authority
           of
           Parliament
           ,
           as
           is
           at
           large
           declared
           in
           Sir
           
             Ed.
             Coke's
          
           5.
           
           Report
           
             fol.
          
           64.
           
           B.
           and
           in
           his
           8.
           
           Report
           
             fol.
          
           19.
           
           B.
           
        
         
           42.
           Ed.
           3.
           
             cap.
             3.
             
             It
             is
             Enacted
             ,
          
           That
           no
           man
           shall
           be
           put
           to
           answer
           without
           presentment
           before
           Justices
           or
           matter
           of
           Record
           ,
           or
           by
           due
           proces
           ,
           according
           to
           the
           Law
           of
           the
           Land
           ,
           and
           if
           any
           thing
           from
           henceforth
           be
           done
           to
           the
           contrary
           ,
           it
           shall
           be
           void
           in
           Law
           and
           holden
           for
           error
           .
           
             No
             Court
             disallowes
             this
             advantage
             to
             the
             worst
             of
             Traitours
             ;
             no
             Committee
             allowes
             it
             to
             the
             quietest
             of
             Recusants
             .
          
        
         
           All
           these
           so
           excellent
           Lawes
           (
           such
           as
           no
           People
           under
           Heaven
           enjoy
           )
           were
           made
           when
           the
           Legislative
           power
           was
           absolutely
           in
           the
           hands
           of
           Papists
           ;
           all
           these
           Priviledge
           (
           so
           high
           and
           extraordinary
           that
           they
           deserve
           the
           name
           ,
           rather
           of
           the
           Peoples
           Prerogatives
           then
           their
           Liberties
           )
           the
           Papists
           obtain'd
           and
           establishd
           in
           their
           times
           ,
           &
           carefully
           transmitted
           to
           their
           posterities
           :
           All
           these
           wise
           and
           prudent
           Cautions
           (
           which
           so
           safely
           fence
           and
           preserve
           our
           Common
           Freedom
           from
           the
           encroachment
           of
           Arbitrary
           power
           )
           were
           providently
           contrived
           by
           the
           
             Papists
             ,
          
           and
           from
           them
           are
           happily
           descended
           upon
           us
           .
           And
           shall
           we
           now
           ,
           (
           having
           reform'd
           their
           Faith
           )
           forget
           our
           own
           reason
           so
           far
           ,
           as
           to
           deprive
           our
           Brethren
           of
           the
           benefit
           of
           those
           Lawes
           ,
           which
           their
           Fathers
           made
           ,
           only
           because
           they
           resemble
           them
           most
           in
           Religion
           ?
           Shall
           we
           so
           far
           yeild
           to
           passion
           ,
           as
           utterly
           deny
           them
           the
           immmunities
           of
           their
           Ancesters
           ?
           
           Or
           can
           we
           possibly
           arrive
           at
           this
           degree
           of
           partiality
           ,
           as
           not
           permit
           the
           greatest
           Malefactor
           to
           be
           his
           own
           accuser
           ,
           and
           yet
           enforce
           the
           most
           peaceable
           Recusant
           to
           be
           his
           own
           condemner
           ?
           Nay
           though
           the
           Thief
           (
           arraign'd
           at
           the
           Bar
           )
           confesse
           his
           guilt
           ,
           our
           Judges
           mercifully
           decline
           to
           condemn
           him
           ,
           without
           some
           Testimony
           of
           witnesses
           :
           But
           if
           a
           Recusant
           will
           not
           voluntarily
           both
           arraign
           and
           condemn
           himself
           ,
           the
           practise
           of
           
             Haberdashers
             Hall
          
           is
           ,
           (
           without
           thinking
           of
           further
           proof
           )
           immediatly
           to
           proceed
           to
           Execution
           .
        
         
           Nor
           was
           this
           tendernes
           towards
           the
           liberty
           of
           the
           subject
           regarded
           only
           in
           those
           old
           dayes
           ,
           but
           we
           have
           fresh
           Examples
           of
           a
           greater
           zeal
           and
           jealousie
           ,
           then
           ever
           those
           times
           were
           acquainted
           with
           ;
           For
           in
           the
           great
           
             Petition
             of
             Right
          
           (
           3.
           
             Car.
          
           )
           all
           these
           Statutes
           were
           particularly
           recited
           and
           earnestly
           insisted
           upon
           by
           the
           Parliament
           then
           assembled
           .
           And
           yet
           a
           fresher
           instance
           is
           that
           of
           the
           last
           Parliament
           ,
           who
           (
           in
           their
           Act
           for
           Regulation
           of
           the
           
             Privy
             Councell
          
           and
           abolition
           of
           the
           
             Star-chamber
          
           )
           did
           punctually
           repeat
           again
           all
           those
           Statutes
           ,
           and
           rely
           upon
           them
           as
           the
           Fundamentall
           and
           unchangeable
           Law
           of
           the
           Land
           .
        
         
           Besides
           ,
           whereas
           
             Copy-hold
             Estates
          
           by
           the
           ancient
           Lawes
           and
           Customes
           of
           this
           Nation
           ,
           were
           never
           comprehended
           within
           the
           
             generall
          
           words
           of
           any
           Act
           of
           
             Parliament
             ,
          
           which
           alters
           the
           interest
           of
           the
           Land
           or
           the
           Custome
           of
           the
           Mannor
           ,
           to
           the
           prejudice
           either
           of
           Lord
           or
           Tennant
           ,
           as
           is
           resolved
           in
           Sir
           
             Edw.
             
             Coke's
          
           second
           Report
           ,
           fol.
           8.
           
           Sir
           
             Fran.
             More's
          
           Reports
           199.
           428
           ,
           &c.
           
           Because
           no
           stranger
           can
           become
           Tennant
           of
           any
           
             Copyhold
             Estate
             ,
          
           without
           the
           Lords
           speciall
           assent
           and
           admission
           ;
           For
           which
           cause
           no
           Copyholds
           were
           ever
           lyable
           to
           any
           Execution
           of
           
             Statutes
          
           or
           
             Recognizances
          
           in
           debts
           or
           
             Formdon
             ,
          
           nor
           were
           within
           the
           Statute
           of
           2
           
             Hen.
          
           5.
           cap.
           15.
           for
           Heresy
           ,
           nor
           were
           seizable
           within
           the
           Statute
           29
           
             Eliz.
          
           cap.
           6.
           nor
           3.
           
             Jac.
             cap.
          
           4.
           for
           Recusancy
           ;
           Yet
           (
           contrary
           to
           this
           ancient
           fundamentall
           Law
           )
           the
           Copyhold
           Estates
           of
           every
           suspected
           Recusant
           are
           seized
           upon
           and
           sequestred
           ,
           although
           there
           be
           no
           Ordinance
           or
           Act
           of
           Parliament
           expresly
           warranting
           any
           such
           proceedings
           .
        
         
           Thus
           have
           we
           clearly
           demonstrated
           ,
           that
           the
           onely
           course
           allowed
           by
           the
           Law
           for
           determination
           of
           all
           Controversies
           ,
           is
           the
           ordinary
           Proces
           by
           
             Writ
          
           in
           Civill
           Causes
           ,
           and
           by
           
             indictment
          
           in
           Criminall
           and
           in
           both
           by
           Witnesses
           and
           a
           Jury
           of
           the
           Neighbourhood
           ,
           
           where
           the
           scene
           of
           the
           question
           lies
           .
           And
           now
           we
           shall
           fully
           satisfy
           our
           undertaking
           ,
           if
           we
           can
           also
           prove
        
         
           
             That
             the
             late
             Parliament
             often
             engaged
             by
             solemn
             Acts
             and
             Declarations
             to
             maintaine
             the
             Lawes
             of
             the
             Land
             .
          
        
         
           WHerein
           it
           is
           impossible
           for
           any
           that
           can
           reade
           English
           ,
           to
           retain
           the
           least
           doubt
           ,
           when
           he
           has
           perused
           these
           few
           Citations
           .
        
         
           26
           May
           ,
           
           1642.
           
           
             The
             Lords
             and
             Commons
             declare
             ,
          
           That
           they
           will
           be
           very
           tender
           of
           the
           Lawes
           ,
           which
           they
           acknowledge
           to
           be
           the
           safegard
           and
           custody
           of
           all
           publique
           and
           private
           interest
           .
        
         
           23
           October
           1642.
           
           
             They
             further
             declare
             ,
          
           That
           they
           must
           owne
           it
           ,
           as
           their
           duty
           ,
           to
           use
           their
           best
           endeavours
           that
           the
           meanest
           of
           the
           Common-wealth
           may
           enjoy
           their
           own
           Birth-rights
           ,
           Freedome
           and
           Liberty
           of
           the
           Lawes
           of
           the
           Land
           ,
           being
           equally
           entituled
           thereunto
           with
           the
           greatest
           Subject
           .
        
         
           November
           1642.
           
           
           
             They
             further
             declare
             ,
          
           That
           slavery
           must
           be
           the
           Peoples
           condition
           ,
           if
           the
           two
           Houses
           should
           goe
           about
           to
           overthrow
           the
           Lawes
           of
           the
           Land
           and
           the
           property
           of
           every
           Mans
           Estate
           .
        
         
           26.
           
           
           May
           1642.
           
           If
           such
           things
           may
           be
           done
           by
           Law
           without
           due
           proces
           ,
           the
           subject
           hath
           a
           very
           poor
           defence
           ,
           and
           a
           very
           small
           ,
           if
           any
           proportion
           of
           property
           thereby
           .
        
         
           17
           April
           1646.
           
           
           
             The
             Parliament
             declared
             ,
          
           That
           they
           will
           not
           ,
           nor
           any
           ,
           by
           colour
           of
           any
           authority
           derived
           from
           them
           ,
           shall
           interrupt
           the
           ordinary
           course
           of
           Justice
           .
        
         
           
             The
             Parliament
             declared
             ,
          
           
           That
           they
           will
           preserve
           unto
           the
           People
           their
           Lawes
           ,
           and
           will
           Govern
           by
           them
           .
           
             And
             before
             and
             after
             they
             severall
             times
             declared
             ,
             that
          
           the
           Lawes
           of
           the
           Land
           are
           the
           undoubted
           birth-right
           and
           inheritance
           of
           the
           meanest
           Subject
           .
        
         
           
             By
             a
             speciall
             Act
             ,
          
           
           
             the
             Parliament
             of
          
           England
           
             declared
             ,
          
           That
           they
           are
           fully
           resolved
           to
           maintaine
           and
           preserve
           the
           Fundamentall
           Lawes
           of
           this
           Nation
           ,
           for
           and
           concerning
           the
           properties
           of
           the
           people
           with
           all
           things
           incident
           thereunto
           .
        
         
           Now
           after
           all
           these
           Ordinances
           ,
           who
           could
           be
           so
           undutifull
           as
           to
           entertain
           the
           least
           fear
           of
           being
           ever
           hereafter
           forc'd
           to
           accuse
           himself
           ?
           Upon
           these
           so
           many
           so
           solemn
           Declarations
           ,
           who
           could
           have
           excused
           the
           presumption
           and
           perversness
           of
           his
           heart
           ,
           if
           he
           dared
           to
           doubt
           of
           their
           observance
           ;
           Especially
           since
           the
           Parliament
           did
           not
           
           proclaim
           to
           us
           its
           sence
           by
           bare
           words
           ,
           but
           advanced
           farther
           to
           severe
           Executions
           ,
           and
           by
           the
           Example
           of
           the
           Earle
           of
           
             Strafford
          
           strictly
           prohibited
           the
           introducement
           of
           any
           novelty
           in
           the
           practice
           of
           the
           Law
           .
           Against
           whom
           the
           Parliament
           in
           their
           third
           Article
           brought
           this
           charge
           ,
           
             That
             he
             had
             proceeded
             summarily
             in
             the
             matter
             of
             the
             Lord
             Mont-Norris
             ;
          
           And
           in
           the
           sixth
           Article
           ,
           his
           accusation
           was
           ,
           
             that
             he
             had
             dispossest
             the
             Lord
             Mont-Norris
             of
             his
             Lands
             by
             a
             summary
             proces
             contrary
             to
             Law
             ;
          
           And
           in
           the
           seaventh
           Article
           the
           like
           charge
           was
           againe
           repeated
           ;
           
             That
             hee
             had
             deprived
             the
             Lady
          
           Hibbots
           
             of
             her
             possessions
             by
             a
             summary
             way
             of
             proceeding
             .
          
        
         
           These
           misdemeanours
           (
           though
           not
           the
           only
           Crimes
           of
           which
           he
           was
           accused
           ,
           yet
           )
           added
           such
           a
           weight
           to
           his
           other
           offences
           that
           altogether
           they
           sunk
           him
           into
           his
           Grave
           .
           In
           the
           whole
           course
           of
           whose
           tryall
           I
           meet
           with
           nothing
           more
           worthy
           to
           be
           staid
           upon
           ,
           then
           this
           consideration
           ;
           That
           the
           Parliament
           did
           not
           so
           much
           urge
           against
           him
           the
           illegality
           ,
           as
           the
           unlawfulnesse
           of
           his
           proceedings
           ,
           nor
           condemn
           him
           barely
           for
           want
           of
           a
           Commission
           or
           authority
           ,
           but
           because
           his
           Actions
           were
           in
           themselves
           tirannicall
           ,
           and
           dangerous
           encroachments
           upon
           the
           Fundamentall
           Liberty
           of
           this
           Nation
           ;
           Yet
           he
           examined
           Witnesses
           ,
           but
           after
           a
           fashion
           of
           his
           own
           devising
           ,
           and
           left
           the
           common
           road
           of
           tryall
           by
           the
           verdict
           of
           a
           
             Jury
             .
          
        
         
           And
           can
           there
           be
           a
           more
           
             summary
             Proces
             ,
          
           then
           to
           accuse
           any
           whom
           we
           suspect
           of
           a
           Crime
           ,
           and
           (
           unlesse
           he
           immediatly
           sweare
           himself
           unguilty
           )
           immediately
           condemn
           him
           ,
           as
           guilty
           ?
           Can
           there
           be
           a
           more
           quick
           and
           cutting
           dispatch
           ,
           then
           in
           half
           an
           houre
           to
           turne
           a
           just
           owner
           out
           of
           his
           ancient
           possession
           ,
           because
           he
           will
           not
           swear
           against
           his
           Conscience
           ?
           and
           (
           which
           is
           yet
           worse
           )
           can
           there
           be
           a
           more
           compendious
           (
           if
           not
           preposterous
           )
           way
           ,
           then
           first
           to
           seize
           upon
           and
           secure
           the
           Estate
           ,
           and
           then
           hear
           the
           party
           speak
           for
           himself
           ?
           
           Yet
           these
           are
           the
           express
           Instructions
           to
           the
           Committees
           for
           Sequestrations
           in
           the
           Year
           1643.
           
           That
           where
           they
           find
           
             any
             doubt
             concerning
             any
             person
             whether
             hee
             be
             comprehended
             within
             the
             said
             Ordinance
          
           (
           for
           Sequestration
           )
           
             they
             are
             to
             certify
             the
             same
             to
             the
             Committee
             of
             Lords
             and
             Commons
             for
             that
             service
             ,
             and
             in
             the
             meane
             time
             to
             secure
             the
             Estate
             of
             such
             persons
             ,
             untill
             they
             receive
             further
             Instructions
             .
          
        
         
         
           And
           now
           when
           I
           consider
           the
           Office
           of
           a
           Parliament
           ,
           which
           is
           principally
           to
           reform
           the
           abuses
           ,
           that
           time
           (
           conspiring
           with
           our
           corrupted
           nature
           )
           brings
           into
           the
           administration
           of
           the
           Lawes
           ,
           when
           I
           consider
           the
           quality
           of
           the
           last
           Parliament
           ,
           professing
           so
           scrupulous
           and
           precise
           a
           respect
           to
           the
           preservation
           of
           our
           ancient
           Liberties
           :
           I
           cannot
           sufficiently
           wonder
           from
           what
           cause
           this
           unhappy
           effect
           should
           flow
           ,
           by
           which
           a
           free-born
           English-man
           is
           compell'd
           to
           be
           his
           own
           accuser
           in
           matters
           of
           so
           tender
           a
           nature
           ,
           as
           Conscience
           and
           Religion
           ,
           and
           of
           so
           high
           a
           concernment
           ,
           as
           the
           utter
           impoverishment
           of
           himselfe
           and
           his
           family
           ;
           But
           after
           a
           little
           ranging
           about
           I
           soon
           discovered
           the
           fountain
           head
           in
           a
           dark
           hollow
           place
           ,
           where
           three
           or
           four
           hundred
           springs
           of
           fresh
           water
           met
           together
           in
           one
           channell
           ,
           of
           which
           ,
           some
           having
           passed
           through
           hot
           and
           sulphurous
           veines
           ,
           quite
           changed
           the
           tast
           and
           colour
           of
           the
           rest
           ,
           and
           the
           stormy
           weather
           of
           that
           season
           quickly
           raised
           the
           whole
           stream
           into
           a
           fierce
           and
           violent
           current
           ,
           whose
           fury
           soon
           broke
           the
           common
           banks
           and
           bore
           down
           all
           before
           it
           like
           a
           deluge
           .
           The
           truth
           of
           which
           Metaphor
           ,
           is
           as
           easily
           proved
           ,
           as
           the
           sence
           of
           it
           understood
           ;
           being
           no
           more
           then
           that
           the
           Introducer
           of
           this
           cruell
           
             Oath
             ,
          
           was
           an
           Ordinance
           hastily
           huddled
           up
           in
           the
           destroying
           time
           of
           
             Presbytery
          
           and
           
             War
             .
          
        
         
           For
           then
           it
           was
           ,
           
           that
           where
           the
           people
           had
           thrown
           in
           their
           Rings
           and
           Jewels
           ,
           there
           came
           forth
           the
           
             golden
             Covenant
             ,
          
           before
           which
           all
           the
           Nation
           must
           fall
           down
           and
           worship
           .
           
        
         
           Then
           it
           was
           the
           Presbyter-Divines
           petitioned
           both
           Houses
           for
           a
           perfect
           Reformation
           and
           settling
           of
           the
           Kirk
           Discipline
           and
           Classicall
           Government
           .
        
         
           Then
           it
           was
           that
           penalties
           began
           to
           be
           imposed
           upon
           all
           Refusers
           of
           the
           
             Covenant
             ,
          
           
           and
           none
           to
           bear
           Office
           but
           such
           as
           had
           taken
           the
           Covenant
           ;
           
           nay
           all
           be
           punisht
           as
           spyes
           ,
           that
           deny'd
           to
           take
           the
           Covenant
           .
           
        
         
           Not
           long
           after
           was
           published
           the
           
             Directory
          
           or
           new
           
             Almanack
          
           to
           pray
           by
           ,
           taken
           out
           of
           the
           
             Ephemerides
          
           of
           
             Scotland
             ,
          
           and
           calculated
           for
           the
           
             Elevation
          
           of
           the
           new
           
             Kirk
             of
             England
          
           by
           the
           Assembly
           of
           well
           wishers
           to
           Divinity
           .
           
        
         
           Not
           long
           after
           were
           the
           Apocriphall
           Elders
           brought
           in
           ,
           
           and
           Tyrannicall
           Classes
           erected
           ;
           
           Both
           the
           Houses
           declaring
           their
           intentions
           to
           
             settle
             Religion
             in
             the
             purity
             thereof
             according
             to
             the
             Covenant
             ,
          
           
           which
           surely
           was
           a
           mistake
           in
           the
           Printer
           ,
           to
           say
           
             Covenant
          
           instead
           of
           the
           
             Word
             of
             God
             .
          
           Thus
           plainly
           it
           appeares
           ,
           that
           
           the
           
             Presbyterian
             Starres
          
           (
           or
           
             Comets
          
           rather
           ,
           by
           the
           shortnesse
           and
           terrour
           of
           their
           blaze
           )
           raigned
           in
           the
           firmament
           of
           our
           State
           at
           the
           birth
           of
           this
           unlucky
           Oath
           of
           
             Abjuration
             ,
          
           and
           long
           after
           .
        
         
           The
           second
           branch
           of
           the
           task
           I
           undertook
           was
           ,
           That
           these
           suddain
           and
           sharp
           proceedings
           of
           sequestring
           upon
           the
           bare
           refusall
           of
           an
           Oath
           ,
           without
           any
           legall
           process
           ,
           were
           occasioned
           by
           the
           exigencies
           of
           the
           War
           ;
           an
           assertion
           most
           fully
           and
           evidently
           proved
           by
           the
           first
           Ordinance
           against
           Delinquents
           and
           Papists
           ;
           
           In
           the
           preamble
           whereof
           the
           Lords
           and
           Commons
           (
           reciting
           the
           calamities
           of
           the
           War
           )
           declare
           ,
           
             That
             all
             the
             sequestred
             Estates
             should
             be
             applyed
             towards
             the
             supportation
             of
             the
             great
             charges
             of
             the
             Common-wealth
             ;
          
           And
           in
           the
           first
           
             Instructions
          
           to
           the
           
             Committees
             ,
          
           they
           are
           charged
           to
           use
           their
           best
           care
           and
           diligence
           for
           the
           speedy
           execution
           of
           the
           Ordinance
           for
           Sequestration
           ,
           as
           being
           a
           matter
           of
           great
           necessity
           and
           importance
           for
           the
           subsistence
           of
           the
           Army
           .
           
           And
           observing
           some
           slowness
           in
           the
           Committee
           ,
           the
           Earl
           of
           
             Manchester
          
           (
           a
           Commander
           in
           chiefe
           )
           was
           empowred
           to
           execute
           that
           Ordinance
           ;
           and
           the
           Sequestrators
           commanded
           to
           pay
           the
           money
           they
           raised
           ,
           to
           the
           Committee
           of
           the
           Army
           .
        
         
           One
           other
           argument
           there
           is
           ,
           that
           inclines
           me
           to
           believe
           the
           Parliament
           intended
           this
           
             Ordinance
          
           only
           as
           a
           provision
           in
           those
           distracted
           times
           ,
           and
           not
           as
           a
           standing
           Law
           for
           ever
           ;
           else
           surely
           they
           would
           never
           have
           put
           into
           their
           Commission
           so
           slight
           a
           thing
           as
           a
           
             Bayliff
          
           of
           a
           Corporation
           .
           Were
           it
           handsome
           that
           the
           Mayor
           of
           
             Rising
          
           should
           come
           down
           from
           thatching
           some
           triviall
           Ale-house
           ,
           to
           tender
           the
           Oath
           of
           
             Abjuration
          
           to
           the
           noble
           Earle
           of
           
             Arundell
             ?
          
           or
           indeed
           how
           should
           a
           common
           tradesman
           (
           whom
           without
           breach
           of
           charity
           we
           may
           presume
           can
           neither
           write
           nor
           read
           )
           know
           what
           he
           does
           ,
           when
           he
           commands
           others
           to
           forswear
           such
           hard
           long
           words
           ,
           as
           
             Supremacy
             ,
             Purgatory
             ,
          
           and
           
             Transubstantiation
             ?
          
           what
           shall
           we
           (
           that
           accuse
           the
           Papists
           of
           blind
           obedience
           )
           say
           to
           our selves
           ,
           when
           our
           very
           leaders
           are
           so
           short-sighted
           ?
        
         
           T
           is
           true
           ,
           all
           these
           fair
           and
           just
           exceptions
           are
           fully
           answered
           by
           this
           one
           word
           
             Necessity
             ,
          
           a
           Heteroclyte
           that
           hath
           no
           Rule
           ,
           no
           Law
           ,
           and
           therefore
           ,
           
             as
             it
             is
             without
             Law
             ,
             to
             be
             judged
             without
             Law
             .
          
           But
           then
           at
           least
           it
           ought
           to
           be
           
             a
             Law
             unto
             it selfe
             ,
          
           that
           is
           ,
           confined
           to
           circumstances
           ,
           wherein
           there
           is
           a
           true
           and
           reall
           necessity
           ,
           and
           therefore
           during
           the
           furious
           violence
           and
           careir
           of
           war
           ,
           such
           summary
           
           proceedings
           (
           to
           prove
           without
           Witness
           and
           condemn
           without
           Jurors
           )
           might
           easily
           find
           excuse
           ,
           but
           being
           restored
           now
           to
           a
           perfect
           calm
           and
           universall
           peace
           ,
           we
           are
           certainly
           obliged
           to
           return
           again
           to
           the
           known
           English
           tryall
           by
           
             Indictment
          
           and
           
             Conviction
             ,
          
           and
           not
           continue
           still
           throwing
           our
           neighbours
           goods
           over-board
           ,
           so
           long
           after
           the
           storm
           is
           ended
           .
        
         
           If
           any
           object
           ,
           though
           the
           reason
           of
           
             Necessity
          
           remains
           now
           no
           longer
           ,
           since
           the
           gates
           of
           
             Westminster
          
           Hall
           are
           open
           ,
           and
           the
           old
           crowd
           of
           Suitors
           march
           peaceably
           there
           under
           the
           
             Scotch
             Colours
             ;
          
           yet
           the
           Supream
           Authority
           of
           the
           Nation
           is
           bound
           to
           render
           no
           other
           account
           of
           their
           Acts
           ,
           then
           the
           French
           King
           of
           his
           Edicts
           ,
           which
           alwayes
           close
           with
           this
           Frank
           and
           resolute
           Period
           ,
           
             Car
             tel
             est
             nostre
             plaisir
             .
          
        
         
           
           I
           reply
           ,
           first
           ,
           That
           such
           Objection
           seemes
           rather
           to
           accuse
           the
           Government
           of
           Tyranny
           ,
           then
           faithfully
           defend
           its
           Authority
           ;
           no
           sound
           approaching
           so
           nigh
           Antipathy
           to
           an
           English
           Eare
           ,
           as
           that
           of
           being
           under
           an
           absolute
           and
           unlimited
           Master
           ,
           whether
           that
           boundlesse
           and
           uncontrollable
           Power
           be
           lodged
           in
           the
           
             single
             person
          
           of
           a
           King
           or
           the
           
             multiplyed
          
           of
           a
           Councill
           .
        
         
           
           When
           by
           the
           change
           of
           circumstances
           ,
           any
           Law
           becomes
           unfit
           to
           be
           continued
           ,
           we
           are
           not
           forbidden
           to
           represent
           ,
           even
           to
           the
           highest
           Powers
           ,
           our
           reasons
           for
           a
           Repeale
           ;
           if
           we
           carry
           our
           Addresses
           with
           such
           regard
           ,
           that
           they
           appeare
           to
           intend
           a
           Reformation
           of
           the
           Errour
           ,
           not
           correction
           of
           our
           Superiors
           .
        
         
           In
           which
           respect
           ,
           never
           did
           any
           Parliament
           give
           such
           high
           hopes
           of
           a
           thorow
           redress
           ,
           as
           that
           which
           lately
           sate
           ,
           by
           erecting
           so
           carefully
           those
           two
           grand
           Committees
           for
           regulating
           the
           Law
           and
           propagating
           the
           Gospel
           ,
           by
           inviting
           so
           solemnly
           all
           that
           would
           offer
           their
           proposalls
           to
           come
           into
           their
           assistance
           .
           And
           as
           the
           whole
           Nation
           remains
           infinitely
           bound
           to
           the
           solicitude
           of
           the
           Army
           ,
           for
           whose
           satisfaction
           both
           those
           Committees
           were
           establish'd
           :
           So
           are
           we
           all
           no
           less
           oblig'd
           to
           the
           Zeal
           of
           the
           
             Generall
             ,
          
           by
           whose
           personall
           presence
           every
           day
           at
           
             that
          
           of
           Religion
           it
           received
           so
           great
           Countenance
           and
           Encouragement
           .
           And
           therefore
           I
           shall
           not
           entertain
           the
           least
           suspition
           that
           these
           few
           thoughts
           of
           mine
           should
           beget
           any
           offence
           ,
           since
           they
           aim
           only
           to
           propose
           the
           unsuitableness
           of
           this
           new
           uncharitable
           
             Oath
             of
             Abjuration
          
           to
           the
           ancient
           and
           best
           Lawes
           of
           the
           Land
           .
        
         
           Even
           the
           Pope
           admits
           his
           Subjects
           (
           when
           they
           apprehend
           some
           errour
           in
           the
           proceedings
           )
           to
           appeale
           from
           himselfe
           mis-informed
           ,
           
           to
           himself
           better
           informed
           and
           yet
           we
           call
           his
           absolute
           ness
           ,
           a
           Tyranny
           ,
           and
           their
           obedience
           ,
           blindness
           .
           How
           much
           more
           then
           may
           those
           true
           lovers
           of
           their
           Countreys
           happiness
           promise
           themselves
           security
           ,
           if
           not
           acceptance
           from
           the
           Parliament
           ,
           who
           either
           by
           humble
           Petition
           or
           other
           modest
           and
           untumultuous
           way
           represent
           to
           their
           consideration
           any
           mis-practiseor
           inconvenience
           ,
           which
           in
           time
           might
           prove
           a
           dangerous
           precedent
           to
           the
           just
           liberties
           of
           their
           Country
           .
        
         
           
           What
           ever
           the
           Supream
           Authority
           of
           a
           Nation
           may
           by
           absolute
           prerogative
           command
           ,
           yet
           the
           Supream
           Authority
           of
           this
           hath
           alwayes
           disclaim'd
           such
           Arbitrary
           Dominion
           ,
           as
           Tyrannicall
           ,
           and
           often
           engag'd
           by
           most
           solemn
           Declarations
           for
           the
           perpetuall
           continuance
           to
           the
           people
           of
           the
           Lawes
           they
           are
           acquainted
           with
           ;
           amongst
           which
           as
           there
           is
           none
           more
           fundamentall
           and
           singular
           to
           the
           Nation
           ▪
           then
           the
           ancient
           tryall
           by
           Witnesses
           and
           Verdict
           ,
           so
           we
           shall
           still
           endeavour
           to
           make
           more
           evident
           so
           important
           a
           truth
           ,
           by
           proposing
        
         
           
             A
             short
             Paralell
             betweene
             this
             Oath
             of
             Abjuration
             and
             that
             Ex
             Officio
             .
          
        
         
           
             IN
             the
             grand
          
           Petition
           
             signed
             by
             the
          
           9.
           
           
           
             Lords
             ,
             and
             presented
             to
             the
             late
             King
             at
          
           York
           ,
           
             we
             find
             this
             recorded
             as
             one
             of
             the
             principall
             grievances
             ;
          
           That
           many
           innovations
           in
           Oathes
           and
           Canons
           had
           beene
           lately
           imposed
           upon
           the
           Clergy
           and
           other
           his
           
             Majesties
          
           Subjects
           ,
           
             &c.
             
             In
             redresse
             of
             which
             mischievous
             encroachment
             upon
             our
             just
             libertyes
             ,
          
           
           
             the
             late
             long
             Parliament
             enacted
             ;
          
           That
           no
           person
           exercising
           any
           Ecclesiasticall
           Power
           or
           Authority
           shall
           
             ex
             Officio
          
           or
           at
           the
           instance
           or
           promotion
           of
           any
           person
           whatsoever
           urge
           ,
           enforce
           ,
           tender
           ,
           give
           ,
           or
           minister
           to
           any
           person
           whatsoever
           any
           Oath
           ,
           whereby
           he
           shall
           or
           may
           be
           charged
           to
           confesse
           or
           accuse
           himselfe
           of
           any
           crime
           ,
           offence
           ,
           delinquency
           ,
           misdemeanour
           ,
           matter
           or
           thing
           ▪
           by
           reason
           whereof
           he
           shall
           or
           may
           be
           lyable
           to
           any
           penalty
           or
           punishment
           whatsoever
           .
        
         
           Before
           which
           Statute
           (
           
             viz.
          
           1607.
           )
           the
           unreasonableness
           and
           illegality
           of
           that
           Oath
           had
           been
           clearly
           convinced
           by
           a
           learned
           
             Treatise
             of
             Oaths
          
           purposely
           written
           against
           it
           ,
           as
           also
           by
           M.
           
             Fuller
          
           in
           his
           arguments
           at
           the
           then
           
             Kings
             Bench
          
           against
           some
           branches
           of
           the
           
             High
             Commission
             Court
             ▪
          
           both
           which
           pursued
           their
           points
           so
           efficaciously
           ,
           that
           the
           grievances
           they
           opposed
           were
           unanimously
           
           condemn'd
           as
           intollerable
           abuses
           .
           And
           certainly
           no
           Mathematicall
           Demonstration
           can
           bear
           a
           higher
           and
           clearer
           evidence
           ,
           then
           that
           the
           principall
           reasons
           (
           which
           I
           have
           here
           collected
           out
           of
           both
           those
           Treatises
           )
           against
           that
           Oath
           
             Ex
             Officio
          
           are
           more
           strongly
           appiable
           to
           this
           of
           
             Abjuration
             .
          
        
         
           Thus
           then
           they
           begin
           their
           just
           charge
           upon
           that
           unjust
           Oath
           .
           
           First
           ,
           
             That
             contrary
             to
             the
             Law
             of
             Nature
             and
             the
             Fundamentall
             Lawes
             and
             Customes
             of
             this
             Nation
             ,
             the
             party
             examined
             is
             thereby
             forced
             to
             sweare
             against
             himselfe
             in
             a
             criminall
             cause
             before
             he
             knows
             his
             Accuser
             ,
             and
             consequently
             compell'd
             to
             be
             instrumentall
             to
             his
             owne
             punishment
             .
          
           This
           was
           condemned
           in
           the
           beginning
           of
           the
           
             last
             Parliament
          
           with
           infinite
           applause
           ,
           as
           a
           most
           unsufferable
           Tyranny
           ;
           but
           the
           Oath
           of
           
             Abjuration
          
           far
           exceeds
           it
           ,
           even
           in
           its
           two
           worst
           qualities
           ,
           cruelty
           and
           illegality
           .
           Every
           Recusant
           (
           whose
           Conscience
           cannot
           down
           with
           the
           Oath
           )
           being
           unavoidably
           necessitated
           either
           to
           ruine
           his
           Soul
           by
           taking
           it
           against
           Conscience
           ,
           or
           his
           Estate
           by
           loss
           of
           two
           thirds
           ,
           if
           he
           refuse
           it
           :
           Wherein
           there
           is
           one
           circumstance
           practised
           ,
           that
           raiseth
           this
           Oath
           to
           a
           most
           exorbitant
           unconscionableness
           ;
           For
           as
           to
           those
           ,
           whose
           Judgements
           take
           any
           other
           road
           ,
           as
           
             Antinomians
             ,
             Socinians
             ,
          
           or
           even
           
             Jewes
             ,
          
           their
           course
           is
           smooth
           and
           free
           ,
           but
           if
           we
           espy
           one
           whom
           we
           guess
           to
           be
           a
           Papist
           ,
           and
           whose
           Conscience
           we
           think
           is
           not
           plyant
           and
           nimble
           enough
           to
           leap
           over
           the
           block
           ,
           then
           presently
           this
           break-neck
           
             Oath
             of
             Abjuration
          
           is
           clapt
           in
           his
           way
           ;
           against
           which
           our
           own
           hearts
           (
           if
           we
           but
           lay
           our
           hands
           upon
           them
           )
           will
           tell
           us
           ,
           he
           must
           necessarily
           either
           stumble
           into
           a
           
             desperate
             poverty
             ,
          
           or
           (
           which
           is
           worse
           )
           fall
           down-right
           into
           a
           
             damnable
             perjury
             .
          
        
         
           
           
             The
             Oath
          
           Ex
           Officio
           
             was
          
           aver'd
           to
           be
           a
           meer
           Alien
           ,
           introduc'd
           by
           the
           Prelates
           ,
           upon
           pretext
           of
           purging
           their
           Provinces
           of
           seduc'd
           people
           ;
           but
           indeed
           to
           maintain
           their
           Hierarchy
           and
           tyrannize
           over
           the
           Consciences
           of
           all
           dissenters
           contrary
           to
           Law
           and
           Equity
           ;
           
             This
             of
          
           Abjuration
           
             is
             a
             greater
             stranger
             ,
             never
             heard
             of
             till
             1643
             ,
             when
             the
             Presbyterian
             faction
             thought
             it
             a
             fit
             engine
             to
             skrew
             up
             their
             intended
          
           Kirk-tyranny
           .
        
         
           
           By
           the
           Oath
           
             Ex
             Officio
             ,
             men
          
           were
           examined
           
             upon
             captious
             questions
             concerning
             their
             very
             Thoughts
             ,
             to
             the
             sifting
             and
             ransacking
             of
             their
             Hearts
             and
             Consciences
             ,
             and
             were
             therein
             subjected
             to
             a
             farre
             greater
             Tyranny
             then
             that
             of
             the
             Spanish
             Inquisition
             ,
             which
             extends
             to
             words
             and
             actions
             onely
             .
          
           This
           of
           
             Abjuration
          
           compells
           even
           
             women
          
           and
           illiterate
           persons
           positively
           to
           renounce
           (
           by
           meer
           adventure
           
           or
           implicite
           Faith
           )
           many
           controversiall
           Doctrines
           ,
           about
           which
           the
           greatest
           Divines
           of
           
             Europe
          
           have
           so
           long
           disputed
           ,
           and
           are
           like
           perhaps
           never
           to
           agree
           ;
           Nor
           is
           this
           Oath
           contented
           with
           a
           modest
           and
           simple
           professing
           ,
           that
           they
           do
           not
           believe
           there
           is
           a
           
             Purgatory
             :
          
           but
           absolutely
           exacts
           of
           them
           to
           swear
           down
           right
           there
           is
           none
           ,
           in
           the
           last
           period
           of
           the
           Oath
           ,
           where
           they
           are
           enforced
           ,
           
             to
             abjure
             and
             renounce
             all
             Doctrines
             in
             affirmation
             of
             the
             said
             points
             .
          
           For
           my
           part
           ,
           as
           I
           thinke
           it
           a
           wilde
           conceit
           ,
           to
           hold
           there
           is
           a
           new
           World
           in
           the
           Moon
           ;
           So
           I
           am
           sure
           it
           is
           a
           desperate
           presumption
           positively
           to
           swear
           the
           contrary
           .
        
         
           That
           Oath
           
             Ex
             Officio
             (
             being
             commonly
             tendered
             to
             such
             as
             are
             suspected
             guilty
             of
             the
             crimes
             ,
             whereof
             they
             are
             to
             cleer
             themselves
             by
             their
             own
             Oath
             ,
             or
             otherwise
             to
             undergo
             a
             penalty
             )
             must
             in
             all
             probability
             be
             an
             occasion
             of
             frequent
             perjuries
             ,
             to
             the
             losse
             not
             only
             of
             many
             Soules
             ,
             but
             to
             the
             great
             abuse
             of
             the
             name
             and
             majesty
             of
             God
             .
          
           This
           of
           
             Abjuration
          
           exposes
           men
           to
           the
           same
           danger
           ,
           and
           God
           to
           the
           same
           dishonour
           ;
           And
           besides
           hath
           been
           so
           far
           from
           ever
           gaining
           any
           true
           convert
           to
           the
           Protestant
           Religion
           ,
           that
           it
           hath
           made
           many
           swear
           away
           that
           little
           Religion
           they
           had
           ,
           and
           ever
           after
           professe
           none
           :
           For
           such
           indifferent
           and
           luke-warme
           Papists
           ,
           as
           take
           this
           Oath
           ,
           usually
           say
           ,
           
             they
             will
             rather
             trust
             God
             with
             their
             Soules
             then
             the
             Common-wealth
             with
             their
             estates
             .
          
        
         
           Whence
           certainly
           it
           was
           that
           the
           famous
           Judge
           ,
           
           Sir
           
             Edward
             Coke
             ,
          
           breaks
           out
           into
           this
           complaint
           ;
           
             Experience
             now
             proveth
             ,
             the
             Consciences
             of
             men
             are
             grown
             so
             large
             ,
             that
             the
             respect
             of
             their
             private
             interests
             and
             commodities
             doth
             for
             the
             most
             part
             induce
             them
             to
             perjury
             .
          
           According
           to
           which
           he
           there
           sets
           it
           down
           for
           a
           Rule
           ,
           that
           ,
           
             to
             swear
             in
             a
             mans
             owne
             case
             is
             frequently
             in
             this
             Age
             ,
             the
             Devills
             precipice
             ,
             whereby
             to
             throw
             men
             headlong
             into
             Hell
             .
          
           And
           yet
           to
           these
           straits
           (
           which
           my
           heart
           even
           bleeds
           to
           think
           )
           hath
           this
           cruell
           
             Oath
             of
             Abjuration
          
           driven
           all
           Recusants
           ,
           live
           they
           never
           so
           peaceably
           and
           unoffensively
           ;
           This
           dangerous
           snare
           (
           for
           it
           deserves
           no
           milder
           name
           ,
           since
           we
           never
           think
           of
           endeavouring
           by
           any
           rationall
           motives
           to
           perswade
           them
           out
           of
           their
           errours
           )
           lyes
           continually
           before
           their
           feet
           to
           entrap
           them
           .
           Where
           is
           our
           charity
           to
           Christians
           ,
           professing
           the
           same
           Saviour
           ,
           and
           believing
           the
           same
           Scriptures
           ,
           with
           our selves
           ?
           Where
           is
           our
           Justice
           to
           neighbours
           ,
           equally
           entitled
           by
           their
           birthright
           to
           the
           same
           freedom
           with
           our selves
           ?
           Is
           the
           extraordinary
           
             Liberty
             ,
          
           we
           held
           forth
           to
           all
           the
           World
           ,
           shrunk
           into
           this
           narrownesse
           ,
           that
           any
           peaceable
           person
           ,
           
           who
           professes
           the
           Gospell
           of
           Christ
           (
           though
           in
           some
           things
           mistaken
           )
           should
           by
           us
           be
           compel'd
           to
           this
           sad
           necessity
           ,
           either
           of
           absolute
           forswearing
           himself
           ,
           or
           utter
           impoverishing
           his
           family
           ,
           which
           in
           plain
           English
           signifies
           (
           I
           tremble
           to
           utter
           it
           )
           
             either
             Devill
             take
             his
             Soul
             ,
             or
             Sequestrator
             his
             Estate
             .
          
           I
           acknowledg
           this
           a
           very
           harsh
           expression
           ,
           but
           he
           that
           reflects
           upon
           the
           generall
           proceedings
           hitherto
           with
           Recusants
           ,
           that
           we
           appoint
           no
           godly
           and
           gifted
           men
           to
           convert
           them
           ,
           but
           only
           Committeemen
           to
           ruine
           them
           ,
           will
           I
           feare
           finde
           too
           much
           truth
           in
           my
           words
           .
        
         
           Upon
           occasion
           of
           the
           Oath
           
             Ex
             Officio
             ,
          
           
           a
           learned
           Member
           moved
           in
           Parliament
           ,
           (
           
             December
             ,
          
           1640.
           )
           
             That
             the
             Law
             might
             punish
             ,
             not
             make
             Offenders
             ;
             That
             words
             and
             actions
             might
             be
             subject
             to
             Law
             ,
          
           
           
             but
             thoughts
             be
             free
             .
          
           Another
           of
           the
           same
           learning
           and
           dignity
           (
           in
           a
           speech
           in
           Parliament
           against
           the
           Oath
           
             Ex
             Officio
          
           )
           set
           upon
           it
           this
           publique
           Brand
           ,
           
           
             That
             it
             was
             grown
             monstrous
             ,
             and
             become
             indeed
             no
             other
             then
          
           Carnificina
           Conscientiae
           .
           Upon
           the
           same
           ground
           was
           built
           the
           fourth
           Article
           of
           the
           charge
           against
           the
           
             Bishop
          
           of
           
             Bath
          
           and
           
             Wells
             ,
          
           
           that
           
             he
             questioned
             one
             Master
          
           James
           
             a
             Minister
             of
             his
             Diocesse
             ,
             not
             only
             for
             matters
             of
             outward
             fact
             ,
             but
             likewise
             concerning
             secret
             thoughts
             .
          
        
         
           All
           which
           extream
           and
           unsufferable
           inconveniences
           I
           confesse
           are
           so
           evidently
           appliable
           to
           the
           
             Oath
             of
             Abjuration
             ,
          
           that
           you
           need
           but
           only
           change
           names
           ,
           to
           make
           them
           exactly
           true
           of
           either
           except
           that
           in
           the
           one
           both
           far
           more
           difficult
           questions
           are
           required
           ,
           and
           far
           greater
           penalties
           imposed
           ,
           whereas
           in
           the
           other
           ,
           the
           point
           in
           doubt
           was
           very
           easie
           to
           resolve
           ,
           whether
           you
           had
           slept
           with
           your
           neighbours
           wife
           ,
           and
           the
           punishment
           a
           little
           peece
           of
           money
           to
           repair
           
             Pauls
             .
          
        
         
           
             And
             certainly
             it
             was
             with
             reflection
             upon
             this
             Oath
             of
             Abjuration
             ,
          
           
           
             that
             the
             learned
             Master
          
           Hobbs
           
             sayes
             ,
          
           There
           is
           another
           errour
           ,
           to
           extend
           the
           power
           of
           the
           Law
           (
           which
           is
           the
           Rule
           of
           actions
           only
           )
           to
           the
           bare
           thoughts
           and
           Consciences
           of
           men
           ,
           by
           examination
           and
           inquisition
           of
           what
           they
           hold
           ;
           whereby
           men
           are
           either
           punished
           for
           their
           very
           thoughts
           ,
           or
           constrained
           to
           answer
           an
           untruth
           for
           fear
           of
           punishment
           ;
           By
           which
           meanes
           they
           are
           forced
           to
           accuse
           themselves
           of
           their
           opinions
           ,
           which
           is
           against
           the
           Law
           of
           Nature
           .
        
         
           Nor
           doth
           this
           Oath
           of
           Abjuration
           extort
           the
           secret
           thoughts
           only
           ,
           but
           compells
           the
           renouncing
           of
           some
           positions
           ,
           which
           (
           in
           the
           opinion
           of
           divers
           venerable
           writers
           )
           are
           more
           receivable
           ,
           then
           the
           Doctrine
           of
           some
           avowed
           Protestants
           .
           I
           instance
           in
           the
           
           point
           of
           
             Transubstantiation
          
           (
           one
           of
           the
           Articles
           to
           be
           abjured
           )
           which
           
             a
          
           
             Calvin
          
           sayes
           is
           more
           rationall
           then
           the
           Doctrine
           of
           
             Consubstantiation
             ,
          
           and
           yet
           this
           the
           
             Lutherans
          
           (
           our
           brethren
           )
           unanimously
           hold
           .
           
             b
          
           
             Hospinian
          
           (
           another
           Protestant
           writer
           )
           sayes
           the
           like
           ;
           And
           
             c
          
           
             Beza
          
           acknowledges
           
             Transubstantiation
          
           to
           be
           an
           inevitably
           consequent
           of
           the
           Doctrine
           of
           the
           
             Reall
             presence
             ,
          
           which
           all
           
             Lutherans
          
           maintain
           ,
           and
           is
           not
           against
           this
           Oath
           .
        
         
           How
           then
           comes
           it
           to
           passe
           that
           the
           
             Reall
             presence
          
           in
           the
           Lords
           Supper
           may
           be
           lawfully
           ,
           at
           least
           safely
           maintained
           ,
           which
           many
           
             Protestants
          
           herein
           
             England
          
           do
           ,
           and
           all
           
             Lutherans
          
           every where
           ;
           yet
           under
           most
           severe
           penalties
           the
           intrinsick
           belief
           of
           
             Transubstantiation
          
           must
           be
           abjur'd
           ,
           which
           (
           in
           the
           judgement
           of
           those
           famous
           Reformers
           )
           is
           an
           inevitable
           consequence
           of
           it
           ,
           and
           more
           rationall
           ,
           then
           the
           opinion
           of
           
             Consubstantiation
             ,
          
           yet
           this
           may
           be
           defended
           without
           being
           subject
           to
           the
           least
           question
           ;
           Nay
           more
           ,
           there
           is
           no
           Oath
           nor
           penalty
           against
           the
           
             publique
             professing
          
           of
           
             Consubstantiation
             ,
          
           no
           nor
           against
           the
           
             publick
             practise
          
           according
           to
           that
           opinion
           ,
           and
           yet
           the
           very
           
             inward
             belief
          
           of
           
             Transubstantiation
          
           is
           made
           so
           heinous
           a
           crime
           ,
           so
           severely
           punishable
           ,
           that
           they
           who
           are
           but
           lookers
           on
           ,
           and
           only
           see
           the
           burthens
           laid
           upon
           refusers
           of
           this
           Oath
           ,
           feel
           in
           their
           brests
           a
           certain
           instinct
           by
           which
           they
           protest
           themselves
           secretly
           and
           strangely
           enforc'd
           to
           grieve
           and
           sigh
           at
           the
           cruell
           and
           rigorous
           proceedings
           even
           of
           their
           own
           Party
           .
        
         
           And
           that
           this
           compassion
           towards
           sufferers
           ,
           upon
           the
           account
           of
           Religion
           ,
           rises
           not
           so
           much
           from
           softnesse
           of
           Nature
           ,
           as
           from
           the
           tendernesse
           of
           the
           Spirit
           ,
           will
           certainly
           finde
           an
           easie
           belief
           ,
           if
           ,
           in
           stead
           of
           a
           flock
           of
           tame
           and
           weeping
           women
           ,
           we
           can
           pick
           out
           an
           Army
           of
           victorious
           Soldiers
           ,
           whose
           courage
           neither
           knows
           to
           fear
           the
           face
           of
           such
           as
           threaten
           war
           ,
           nor
           conscience
           endures
           to
           force
           the
           heart
           of
           those
           that
           will
           live
           in
           peace
           ;
           Of
           which
           too
           evident
           truths
           ,
           if
           any
           deny
           the
           first
           ,
           let
           him
           read
           their
           past
           victories
           ,
           if
           doubt
           of
           the
           second
           ,
           I
           desire
           him
           to
           peruse
           their
           following
        
         
           
             DECLARATIONS
             .
          
        
         
           NOw
           to
           the
           comfort
           and
           even
           amazement
           of
           the
           Spirit
           ,
           let
           us
           contemplat
           the
           constant
           pious
           intentions
           held
           forth
           by
           the
           Army
           .
           No
           sooner
           had
           their
           many
           victories
           rendred
           them
           the
           terror
           
           of
           the
           World
           ,
           (
           our
           own
           as
           fearfully
           as
           neighbouring
           Nations
           expecting
           what
           great
           designe
           of
           blood
           they
           next
           would
           enterprize
           )
           but
           they
           threw
           aside
           the
           cruelty
           and
           ostentation
           of
           Conquest
           ,
           and
           took
           into
           themselves
           the
           bowells
           of
           mercy
           ;
           They
           presently
           look'd
           round
           about
           them
           on
           their
           afflicted
           Christian
           Brethren
           :
           and
           ,
           knowing
           nothing
           more
           precious
           ,
           nothing
           more
           comfortable
           to
           the
           godly
           then
           liberty
           of
           conscience
           ,
           by
           their
           frequent
           Declarations
           to
           the
           World
           ,
           and
           zealous
           addresses
           to
           the
           late
           Parliament
           ,
           they
           manifested
           how
           unalterable
           they
           were
           in
           their
           holy
           Principles
           .
           No
           licentious
           avarice
           emboldned
           them
           to
           divide
           the
           spoile
           ,
           no
           wantonnesse
           provoked
           them
           to
           surfeit
           with
           the
           fruit
           of
           the
           Land
           they
           had
           subdued
           ;
           So
           far
           from
           growing
           insolent
           with
           successe
           ,
           that
           even
           their
           enemies
           have
           confest
           ,
           There
           was
           never
           in
           any
           age
           known
           so
           great
           a
           modesty
           in
           so
           continued
           a
           victory
           ,
           nor
           such
           excellent
           discipline
           in
           a
           conquering
           Army
           .
           Their
           own
           interest
           never
           regarded
           by
           themselvs
           ,
           only
           to
           improve
           the
           quiet
           &
           repose
           of
           the
           Consciencious
           ,
           was
           their
           endeavour
           ,
           which
           they
           pursued
           with
           so
           religious
           a
           noble
           courage
           ,
           that
           they
           took
           their
           lives
           into
           their
           hands
           ,
           and
           with
           the
           greatest
           hazard
           to
           self-preservation
           ,
           removed
           that
           Power
           which
           grew
           sloathfull
           ,
           and
           halted
           in
           the
           way
           of
           Godlinesse
           ,
           and
           have
           moddel'd
           such
           a
           Government
           ,
           as
           shall
           intend
           chiefly
           to
           give
           balsome
           to
           the
           many
           wounds
           of
           the
           afflicted
           .
           This
           relief
           is
           the
           expectation
           and
           hope
           of
           many
           Consciences
           now
           in
           anguish
           and
           tribulation
           ,
           who
           cannot
           but
           with
           comfort
           remember
           ,
           how
           the
           Army
           ever
           had
           that
           compassion
           which
           the
           Clergy
           wanted
           ,
           and
           the
           Millitary
           piety
           hath
           beene
           still
           eminent
           above
           the
           Civill
           or
           Ecclesiastick
           .
           What
           their
           godlinesse
           will
           be
           ,
           we
           cheerfully
           and
           confidently
           expect
           ;
           what
           hitherto
           it
           hath
           ,
           these
           ensuing
           Expressions
           will
           declare
           .
        
         
           
             It
             was
             humbly
             desired
             by
             the
             Army
             ;
          
           
           That
           (
           
             according
             to
             the
             Declaration
             of
             the
             Parliament
             ,
             promising
             a
             provision
             for
             tender
             Consciences
          
           )
           there
           might
           be
           some
           effectuall
           course
           taken
           according
           to
           the
           intent
           thereof
           ,
           and
           that
           such
           ,
           as
           upon
           conscientious
           grounds
           differ
           from
           the
           established
           formes
           ,
           may
           not
           for
           that
           be
           debarred
           from
           the
           common
           rights
           ,
           libertie
           and
           benifits
           equally
           belonging
           to
           all
           ,
           as
           Members
           of
           the
           Common-wealth
           ,
           
           whilest
           they
           live
           soberly
           and
           inoffensively
           to
           others
           ,
           and
           peaceably
           and
           faithfully
           to
           the
           State
           .
        
         
           
             Likewise
             ,
          
           That
           sufficient
           care
           be
           taken
           for
           the
           liberty
           and
           protection
           of
           those
           ,
           who
           cannot
           submit
           to
           the
           externall
           worship
           of
           this
           Nation
           ,
           though
           otherwise
           conformable
           to
           the
           civill
           power
           and
           authority
           therof
           .
        
         
         
           
             They
             desired
             ,
          
           
           That
           an
           Act
           might
           be
           passed
           to
           take
           away
           all
           Coercive
           Power
           extending
           to
           any
           Civill
           penalties
           upon
           any
           ,
           for
           matters
           of
           Conscience
           ;
           
             and
             expresly
             ,
          
           That
           Papists
           be
           subject
           to
           punishment
           ,
           onely
           for
           disturbing
           the
           State
           ,
           
           and
           that
           men
           may
           not
           be
           compelled
           to
           take
           any
           Oath
           against
           their
           judgement
           and
           consciences
           ,
           
           but
           that
           all
           Orders
           and
           Ordinances
           to
           that
           purpose
           may
           be
           repealed
           .
        
         
           That
           none
           may
           be
           compelled
           by
           penalties
           to
           answer
           to
           questions
           tending
           to
           accuse
           themselves
           ;
           
           And
           that
           consideration
           might
           be
           had
           of
           all
           Statutes
           and
           Ordinances
           ,
           
           imposing
           any
           Oaths
           ,
           and
           that
           they
           might
           be
           either
           repealed
           or
           at
           least
           so
           qualified
           ,
           that
           they
           might
           not
           extend
           or
           be
           construed
           to
           the
           molestation
           or
           punishment
           of
           Religious
           and
           peaceable
           people
           for
           non-conformity
           to
           fixed
           formes
           ,
           bounds
           ,
           and
           limits
           ,
           thereby
           to
           confine
           Gods
           holy
           Spirit
           ;
           as
           if
           Religion
           consisted
           more
           in
           such
           outward
           formes
           and
           rites
           ,
           according
           to
           the
           manner
           of
           
             Moses
             ,
          
           then
           in
           power
           and
           vertue
           according
           to
           the
           
             Gospel
             .
          
        
         
           
             Againe
             ,
          
           
           That
           matters
           of
           Religion
           and
           the
           wayes
           of
           Gods
           worship
           are
           not
           by
           them
           intrusted
           to
           any
           humane
           power
           ,
           because
           therein
           they
           cannot
           remit
           or
           exceede
           a
           tittle
           of
           what
           their
           consciences
           dictate
           unto
           them
           ,
           to
           be
           the
           word
           of
           God
           ,
           without
           wilfull
           sinne
           :
           neverthelesse
           the
           publique
           way
           of
           instructing
           the
           Nation
           ,
           so
           it
           be
           not
           compulsive
           ,
           is
           referred
           to
           the
           discretion
           of
           the
           Parliament
           .
           
        
         
           
             His
             Excellency
             and
             Council
             of
             War
             declare
             ,
          
           That
           the
           Covenant
           be
           not
           enforced
           ,
           
           nor
           any
           penalties
           imposed
           on
           the
           Refusers
           ,
           whereby
           men
           might
           be
           constrained
           to
           take
           it
           against
           their
           judgements
           ,
           but
           that
           all
           Orders
           &
           Ordinances
           to
           that
           purpose
           might
           be
           repealed
           .
           That
           consideration
           be
           had
           of
           Statutes
           ,
           
           Laws
           &
           Customes
           of
           Corporations
           ,
           imposing
           any
           Oaths
           ,
           &
           that
           they
           may
           be
           either
           repealed
           or
           so
           qualified
           ,
           that
           they
           may
           not
           extend
           or
           be
           construed
           to
           the
           molestation
           or
           ensnaring
           of
           Religious
           &
           peaceable
           People
           ,
           meerly
           for
           a
           non-conformity
           in
           Religion
           .
        
         
           
             Again
             his
             Excellency
             thus
             learnedly
             and
             religiously
             ,
          
           If
           outward
           things
           may
           not
           be
           contended
           for
           ,
           
           much
           lesse
           may
           the
           doctrines
           of
           Faith
           (
           which
           are
           the
           works
           of
           Grace
           and
           the
           Spirit
           )
           be
           endeavoured
           by
           unsuitable
           meanes
           :
           He
           that
           bids
           us
           contend
           for
           the
           Faith
           once
           delivered
           to
           the
           Saints
           ,
           tells
           us
           we
           should
           doe
           it
           by
           building
           up
           our selves
           in
           the
           most
           holy
           Faith
           ,
           
           not
           pinning
           it
           upon
           other
           mens
           sleeves
           ,
           keeping
           our selves
           in
           the
           love
           of
           God
           ,
           not
           destroying
           men
           ,
           because
           they
           will
           not
           be
           of
           our
           faith
           ,
           
             &c.
             
          
        
         
           As
           for
           the
           people
           (
           
             speaking
             of
             Ireland
          
           )
           what
           thoughts
           they
           have
           in
           matters
           of
           Religion
           in
           their
           owne
           breast
           ,
           I
           cannot
           reach
           ,
           but
           thinke
           is
           my
           duty
           ,
           if
           they
           walke
           honestly
           and
           peaceably
           ,
           not
           to
           cause
           them
           in
           
           the
           least
           degree
           to
           suffer
           for
           the
           same
           ,
           
           but
           to
           endeavour
           to
           walke
           patiently
           ,
           and
           in
           love
           towards
           them
           ;
           to
           see
           if
           at
           any
           time
           it
           shall
           please
           God
           to
           give
           them
           another
           or
           a
           better
           minde
           .
        
         
           And
           in
           a
           Letter
           to
           the
           then
           Governour
           of
           
             Rosse
          
           in
           
             Ireland
             ,
          
           
           his
           Excellency
           (
           speaking
           of
           Religion
           )
           sayes
           ,
           
             He
             meddles
             not
             with
             any
             mans
             private
             Conscience
             .
          
        
         
           
             The
             Army
             further
             declare
             ,
          
           
           That
           they
           doe
           not
           impower
           or
           intrust
           their
           Representatives
           to
           continue
           in
           Force
           or
           make
           any
           Lawes
           ,
           Oaths
           ,
           or
           Covenants
           ,
           whereby
           to
           compell
           by
           penalties
           or
           otherwise
           ,
           any
           person
           to
           any
           thing
           ,
           
           in
           or
           about
           matters
           of
           Faith
           ,
           Religion
           ,
           or
           Gods
           worship
           ,
           or
           to
           restraine
           any
           person
           from
           the
           profession
           of
           his
           Faith
           ,
           or
           excercise
           of
           Religion
           ,
           according
           to
           his
           Conscience
           .
           Or
           to
           punish
           any
           person
           for
           refusing
           to
           answer
           to
           questions
           in
           criminall
           causes
           .
        
         
           
             These
             Declarations
             of
             the
             Army
             were
             seconded
             by
             a
             Petition
             from
             the
             Cityes
             of
          
           London
           
             and
          
           Westminster
           ,
           
           
             &
             Burrough
             of
          
           Southwark
           ,
           
             to
             the
             Parliament
             ,
             in
             these
             words
             ,
          
           That
           they
           would
           exempt
           matters
           of
           Religion
           and
           Gods
           worship
           from
           the
           compulsive
           and
           restrictive
           power
           of
           any
           authority
           upon
           earth
           ,
           and
           referre
           them
           to
           the
           supream
           power
           of
           Almighty
           God
           .
           And
           that
           the
           Parliament
           would
           not
           proceed
           in
           making
           Ordinances
           ,
           or
           Lawes
           ,
           or
           in
           appointing
           punishments
           concerning
           opinions
           ,
           wherein
           themselves
           may
           easily
           be
           mistaken
           ,
           
             &c.
             
          
        
         
           On
           all
           oportunities
           ,
           thus
           hath
           the
           Army
           declared
           what
           was
           the
           light
           they
           walk'd
           by
           in
           the
           dark
           thorny
           wayes
           of
           their
           precedent
           dangers
           ;
           And
           in
           the
           endeavour
           that
           every
           Conscience
           may
           have
           a
           comfortable
           repose
           ,
           they
           continue
           constant
           still
           ,
           and
           vigorous
           ;
           Nor
           can
           there
           be
           the
           least
           suspition
           of
           straying
           from
           these
           religious
           Principles
           ,
           having
           for
           their
           Guide
           ,
           his
           Excellency
           ,
           who
           hath
           fought
           his
           enemies
           as
           much
           into
           confusion
           ,
           by
           an
           unexampled
           regularity
           of
           manners
           ,
           and
           holy
           encouraging
           to
           piety
           ,
           by
           frequent
           exhortations
           ,
           tears
           ,
           and
           prayers
           ,
           as
           by
           the
           sharpnesse
           of
           his
           sword
           ,
           and
           a
           courage
           ever
           invincible
           .
        
         
           Our
           next
           Progresse
           shall
           be
           to
           evince
           the
           truth
           and
           holinesse
           of
           these
           principles
           of
           the
           Army
           ,
           against
           the
           enforcing
           of
           Oaths
           ,
           &
           coertion
           in
           Religion
           ,
           to
           be
           clearly
           establish'd
           upon
           that
           sure
           foundation
        
         
           
             THE
             LAW
             OF
             GOD
             .
          
        
         
           OF
           which
           three
           words
           ,
           being
           of
           greater
           weight
           then
           three
           thousand
           volumes
           of
           mens
           Discourses
           ,
           I
           shall
           content
           my selfe
           ,
           and
           hope
           to
           content
           my
           Reader
           with
           the
           citation
           of
           these
           few
           Texts
           ;
        
         
           
             One
             witnesse
             shall
             not
             rise
             up
             against
             a
             man
             for
             any
             iniquity
             ,
          
           
           
             fault
             ,
          
           &c.
           (
           much
           lesse
           shall
           a
           man
           rise
           up
           against
           himself
           )
           
           
             but
             in
             the
             mouth
             of
             two
             or
             three
             witnesses
             shall
             the
             matter
             be
             established
             ;
          
           which
           Rule
           is
           confirmed
           in
           the
           Gospel
           ,
           
           
             In
             the
             mouth
             of
             two
             or
             three
             witnesses
             shall
             every
             word
             be
             established
             ,
          
           And
           our
           Lord
           Christ
           himselfe
           said
           to
           the
           woman
           accused
           of
           Adultery
           ,
           
           
             Where
             be
             thy
             accusers
             ,
             if
             they
             condemn
             thee
             not
             ,
             neither
             do
             I.
          
           In
           the
           proceedings
           upon
           this
           Oath
           of
           
             Abjuration
             ,
          
           there
           is
           no
           accuser
           ,
           no
           witnesse
           ;
           the
           party
           himselfe
           must
           be
           both
           against
           himself
           ;
           and
           what
           can
           be
           more
           opposite
           to
           Scripture
           ,
           then
           such
           enforcement
           ?
        
         
           And
           that
           carnall
           men
           ,
           and
           they
           ,
           who
           build
           on
           the
           Authority
           of
           Academick
           learning
           ,
           may
           see
           how
           abhorring
           to
           truth
           all
           force
           and
           violence
           offered
           to
           the
           Conscience
           is
           :
           let
           their
           patience
           go
           a
           little
           forward
           and
           finde
           what
           have
           been
        
         
           
             The
             Opinions
             of
             the
             most
             eminent
             Divines
             in
             the
             Reformed
             Churches
             .
          
        
         
           NOne
           are
           to
           be
           compelled
           to
           professe
           the
           true
           Religion
           ,
           
           by
           imprisonment
           or
           losse
           of
           goods
           ;
           The
           Magistrate
           ought
           to
           force
           no
           man
           to
           subscribe
           Articles
           concerning
           Religion
           ,
           
           but
           that
           is
           to
           be
           left
           to
           the
           grace
           of
           God
           in
           every
           one
           ,
           as
           the
           Lord
           shall
           direct
           .
        
         
           The
           Magistrate
           misuses
           his
           power
           ,
           
           if
           he
           impose
           Lawes
           upon
           our
           Consciences
           ;
           For
           
             Paul
          
           did
           not
           subject
           the
           Consciences
           of
           Christians
           to
           humane
           Lawes
           ,
           
           but
           to
           the
           Ordinances
           of
           God
           .
        
         
           Men
           are
           to
           be
           perswaded
           to
           Religion
           by
           reason
           ,
           
           not
           compelled
           thereunto
           by
           punishment
           :
           The
           Gospel
           allowes
           not
           the
           Law
           of
           compulsion
           to
           be
           put
           upon
           the
           Conscience
           ,
           
           but
           only
           of
           councell
           and
           exhortation
           .
        
         
           The
           Scripture
           commands
           ,
           that
           they
           who
           are
           weake
           in
           faith
           are
           to
           be
           borne
           withall
           ,
           untill
           the
           Lord
           shall
           reveale
           unto
           them
           all
           such
           things
           wherein
           they
           are
           ignorant
           ,
           and
           in
           the
           meane
           while
           they
           ought
           to
           be
           instructed
           ,
           not
           punished
           .
           
        
         
           All
           men
           erring
           from
           the
           true
           Religion
           are
           to
           be
           reclaim'd
           by
           fatherly
           exhortations
           ,
           
           hearing
           the
           Word
           ,
           and
           good
           instructions
           ,
           not
           by
           force
           &
           violence
           .
           The
           Lord
           hath
           definitively
           declared
           ,
           that
           the
           Magistrates
           are
           not
           fit
           Judges
           in
           matters
           of
           Religion
           ,
           
           and
           therefore
           hath
           interdicted
           them
           all
           use
           of
           such
           Jurisdiction
           ,
           and
           reserved
           it
           to
           himselfe
           ,
           who
           at
           the
           last
           day
           by
           his
           Angels
           shall
           separate
           the
           Tares
           from
           the
           Wheat
           .
           
        
         
           God
           alone
           is
           Lord
           of
           the
           Conscience
           ,
           and
           hath
           left
           it
           free
           from
           the
           Doctrines
           and
           Commandements
           of
           men
           ,
           which
           are
           in
           any
           thing
           beside
           his
           Word
           in
           matters
           of
           Faith
           :
           
           so
           that
           to
           believe
           such
           Doctrines
           ,
           or
           to
           obey
           such
           Commands
           out
           of
           Conscience
           ,
           is
           to
           betray
           our
           liberty
           of
           Conscience
           ,
           and
           the
           requiring
           of
           an
           absolute
           obedience
           ,
           is
           to
           destroy
           liberty
           of
           Conscience
           and
           Reason
           also
           .
        
         
         
           Faith
           hath
           no
           relation
           unto
           ,
           
           nor
           dependency
           at
           all
           upon
           compulsion
           and
           commandement
           ,
           but
           onely
           upon
           certainty
           and
           probability
           of
           arguguments
           ,
           drawn
           from
           reason
           ,
           or
           from
           something
           which
           men
           beleeve
           already
           :
           Therefore
           the
           Ministers
           of
           Christ
           in
           this
           world
           have
           no
           power
           to
           punish
           any
           for
           not
           beleeving
           ;
           
           since
           
             Paul
          
           himselfe
           professeth
           ,
           
             We
             have
             no
             dominion
             over
             your
             faith
             .
          
           
           Faith
           (
           both
           in
           respect
           of
           the
           Object
           and
           of
           the
           Assent
           )
           being
           the
           free
           gift
           of
           God
           ;
           which
           Man
           can
           neither
           give
           nor
           take
           away
           by
           promise
           of
           rewards
           nor
           menace
           of
           tortures
           .
           
           There
           is
           no
           coercive
           power
           left
           by
           our
           Saviour
           upon
           earth
           in
           matters
           of
           Religion
           ,
           but
           onely
           a
           power
           to
           proclaim
           the
           Kingdome
           of
           Christ
           ,
           and
           perswade
           men
           to
           submit
           themselves
           thereunto
           ,
           and
           by
           precepts
           &
           good
           counsel
           to
           teach
           them
           that
           have
           submitted
           what
           to
           do
           ,
           that
           they
           may
           be
           received
           into
           the
           Kingdome
           of
           God
           when
           it
           comes
           ,
           &c.
           
        
         
           Q.
           
           
             Eliz.
          
           in
           her
           owne
           private
           judgement
           often
           declared
           ,
           That
           she
           never
           thought
           it
           fit
           that
           the
           Consciences
           of
           her
           Subjects
           ought
           to
           be
           enforced
           ;
           
           albeit
           the
           Bishops
           prevailed
           with
           her
           against
           her
           own
           judgment
           to
           the
           contrary
           .
        
         
           Nothing
           is
           more
           against
           Religion
           ,
           
           then
           to
           force
           Religion
           ;
           For
           as
           
             Paul
          
           saith
           ,
           the
           weapons
           of
           Christian
           warfare
           are
           not
           carnall
           ;
           
           Humane
           violence
           may
           make
           men
           counterfeit
           ,
           but
           cannot
           make
           them
           beleeve
           ,
           and
           is
           therefore
           fit
           for
           nothing
           but
           to
           breed
           Form
           without
           ,
           and
           Atheisme
           within
           ;
           and
           infinite
           prejudice
           to
           the
           Kingdome
           of
           Christ
           ,
           and
           consequently
           to
           the
           propagation
           of
           the
           Gospel
           doth
           follow
           thereby
           .
           Such
           who
           have
           their
           portions
           in
           this
           life
           ,
           who
           serve
           no
           higher
           State
           ;
           then
           
             England
             ,
          
           nor
           this
           neither
           any
           farther
           then
           they
           serve
           themselves
           ,
           who
           think
           of
           no
           other
           happinesse
           ,
           but
           the
           preservation
           of
           their
           owne
           Fortunes
           in
           this
           world
           ,
           and
           of
           no
           other
           meanes
           to
           preserve
           States
           but
           human
           policy
           ,
           and
           beleeve
           no
           other
           Creed
           ,
           but
           
             Regi
             aut
             Civitati
             imperium
             habenti
             ,
             nihil
             injustum
             quod
             utile
             ,
          
           such
           it
           may
           become
           to
           maintaine
           by
           worldly
           power
           ,
           and
           violence
           their
           State-instrument
           Religion
           ;
           But
           they
           ,
           who
           are
           indeed
           servants
           and
           lovers
           of
           Christ
           ,
           know
           ,
           that
           to
           no
           State
           any
           thing
           can
           be
           profitable
           ,
           which
           is
           unjust
           and
           that
           nothing
           can
           be
           more
           evidently
           unjust
           ,
           then
           to
           force
           men
           to
           the
           profession
           of
           such
           points
           of
           Religion
           ,
           which
           they
           beleeve
           not
           .
        
         
           They
           who
           run
           into
           extreames
           in
           opposition
           to
           the
           Church
           of
           Rome
           ,
           
           they
           who
           put
           downe
           the
           Infallibility
           of
           the
           Church
           of
           Rome
           ,
           and
           set
           up
           their
           owne
           ,
           they
           who
           declaime
           against
           the
           tyranny
           of
           that
           Church
           ,
           and
           themselves
           exercise
           as
           great
           or
           greater
           over
           others
           ,
           are
           the
           men
           that
           give
           the
           Church
           of
           Rome
           the
           greatest
           advantage
           ;
           whereas
           men
           of
           more
           moderate
           spirits
           ,
           such
           as
           require
           of
           Christians
           to
           beleeve
           onely
           
           in
           Christ
           ,
           upon
           such
           as
           these
           the
           Church
           of
           Rome
           cannot
           tell
           how
           to
           fasten
           .
           
           Nor
           can
           it
           be
           any
           way
           advantageous
           to
           the
           Civill
           State
           ,
           that
           Men
           ,
           without
           warrant
           from
           God
           ,
           should
           usurp
           a
           Tyrannie
           over
           other
           mens
           consciences
           ,
           and
           prescribe
           unto
           them
           without
           reason
           ,
           and
           sometimes
           against
           reason
           ,
           
           what
           they
           should
           beleeve
           ;
           We
           therefore
           are
           willing
           to
           leave
           all
           men
           to
           their
           liberty
           ,
           provided
           they
           improve
           it
           not
           to
           a
           tyrannie
           over
           others
           .
        
         
           This
           presumptuous
           imposing
           of
           the
           senses
           of
           men
           upon
           the
           words
           of
           God
           ,
           
           and
           the
           speciall
           senses
           of
           men
           upon
           the
           generall
           words
           of
           God
           ,
           and
           laying
           them
           upon
           mens
           consciences
           together
           under
           severe
           penalties
           ;
           the
           deifying
           of
           mens
           owne
           interpretations
           ,
           and
           tyrannically
           imposing
           them
           upon
           others
           ,
           the
           restraining
           of
           the
           understanding
           of
           men
           ,
           wherein
           Christ
           and
           his
           Apostles
           left
           them
           free
           ,
           is
           and
           hath
           been
           the
           only
           Fountain
           of
           the
           Schismes
           of
           the
           Church
           .
           Take
           away
           this
           persecuting
           of
           men
           for
           not
           subscribing
           to
           the
           words
           of
           men
           ,
           as
           the
           words
           of
           God
           ;
           require
           of
           Christians
           only
           to
           beleeve
           Christ
           ;
           In
           a
           word
           ,
           take
           away
           Tyrannie
           (
           which
           is
           the
           Devills
           instrument
           to
           support
           Errors
           )
           and
           restore
           Christians
           to
           their
           just
           and
           full
           liberty
           ,
           and
           it
           may
           well
           be
           hoped
           by
           Gods
           blessing
           ,
           that
           universall
           liberty
           ,
           thus
           moderated
           ,
           may
           quickly
           reduce
           Christendome
           to
           truth
           &
           unity
           ,
           the
           contrary
           effects
           whereof
           happen
           by
           the
           tyrannous
           imposition
           of
           opinions
           upon
           other
           mens
           Consciences
           ,
           
           whereby
           they
           are
           ,
           as
           it
           were
           grievosly
           exulcerated
           .
        
         
           All
           the
           power
           of
           the
           world
           is
           neither
           fit
           to
           convince
           ,
           nor
           able
           to
           compell
           a
           mans
           conscience
           to
           consent
           to
           any
           thing
           ;
           indeed
           worldly
           terror
           may
           prevaile
           so
           far
           ,
           as
           to
           make
           men
           professe
           a
           Religion
           ,
           which
           they
           beleeve
           not
           ;
           such
           men
           ,
           who
           know
           not
           that
           there
           is
           a
           Heaven
           provided
           for
           Martyrs
           ,
           and
           a
           Hell
           for
           those
           that
           dissemble
           such
           Truths
           as
           are
           necessary
           to
           be
           professed
           ;
           But
           to
           force
           any
           man
           to
           beleeve
           what
           he
           knows
           not
           ,
           or
           any
           honest
           man
           to
           dissemble
           what
           he
           doth
           believe
           ,
           if
           God
           commands
           him
           to
           professe
           it
           ,
           or
           to
           professe
           what
           he
           doth
           not
           beleeve
           ,
           all
           the
           swords
           in
           the
           world
           are
           too
           weak
           ,
           with
           all
           the
           powers
           of
           Hell
           to
           assist
           them
           .
           
        
         
           It
           is
           a
           damnable
           sin
           for
           any
           man
           to
           professe
           an
           error
           against
           his
           Conscience
           ,
           though
           the
           error
           in
           it selfe
           and
           to
           him
           that
           beleeves
           it
           be
           not
           damnable
           ;
           Nay
           the
           profession
           not
           only
           of
           an
           error
           but
           of
           a
           truth
           ,
           if
           not
           beleeved
           ,
           is
           a
           mortall
           sin
           ,
           unlesse
           hypocrisie
           and
           dissimulation
           in
           Religion
           be
           not
           so
           .
        
         
           If
           a
           Papist
           be
           convinced
           or
           perswaded
           in
           conscience
           ,
           
           that
           the
           Protestant
           Religion
           is
           irroneous
           ,
           the
           profession
           of
           it
           ,
           though
           in
           it selfe
           most
           true
           ,
           would
           be
           to
           him
           damnable
           .
           
             See
             his
             Reasons
             ,
          
           fol.
           132.
           
        
         
         
           Thus
           in
           a
           full
           speed
           I
           have
           run
           over
           all
           that
           I
           could
           observe
           ,
           to
           satisfy
           my
           Spirit
           concerning
           the
           illegality
           of
           this
           Oath
           in
           
             Common
             Law
          
           or
           
             Common
             Reason
             ,
          
           in
           
             ancient
             or
             moderne
             Acts
             of
             Parliament
             ,
          
           in
           the
           
             Declarations
             of
             the
             Army
          
           (
           when
           successe
           had
           left
           them
           no
           employment
           but
           their
           piety
           )
           in
           the
           
             Opinions
             of
             the
             most
             Learned
             Reformed
             Divines
             ,
          
           and
           above
           all
           in
           the
           
             Law
             of
             God
             ;
          
           And
           the
           charity
           I
           owe
           my
           afflicted
           Brethren
           hath
           forc'd
           me
           to
           communicate
           this
           to
           the
           Godly
           and
           Religious
           ,
           that
           they
           may
           with
           compassion
           reflect
           on
           those
           who
           eat
           their
           Bread
           moistned
           with
           their
           Teares
           ,
           and
           weep
           over
           their
           Houses
           ,
           become
           desolate
           ,
           because
           they
           would
           keep
           up
           their
           Consciences
           from
           ruine
           .
        
         
           I
           have
           collected
           this
           for
           information
           of
           such
           ,
           who
           have
           bowels
           ,
           and
           disdain
           a
           glory
           or
           benefit
           that
           may
           rise
           by
           treading
           on
           
             their
          
           necks
           ,
           who
           suffer
           only
           for
           Religion
           ;
           Who
           (
           if
           they
           err
           )
           err
           to
           their
           own
           temporall
           prejudice
           ,
           and
           can
           in
           their
           error
           have
           no
           design
           of
           flesh
           and
           bloud
           ;
           Whom
           discover'd
           to
           have
           any
           conspiracy
           against
           Government
           I
           would
           have
           most
           severely
           punished
           ,
           &
           whom
           quiet
           and
           inoffensive
           in
           practise
           of
           their
           own
           Consciences
           ,
           I
           would
           have
           pittied
           and
           relieved
           ;
           And
           this
           I
           seriously
           desire
           all
           religious
           spirits
           to
           weigh
           in
           their
           most
           godly
           and
           most
           prudent
           thoughts
           ;
           That
           looking
           back
           on
           the
           last
           hundred
           years
           ,
           they
           shall
           finde
           every
           subversion
           of
           Government
           in
           this
           Nation
           (
           either
           Papall
           ,
           Prelaticall
           ,
           or
           Presbyterian
           )
           to
           have
           bin
           wrought
           by
           a
           too
           rigorous
           coertion
           of
           the
           Conscience
           ;
           Religion
           ever
           falling
           down
           to
           the
           dust
           ,
           when
           it
           leanes
           too
           much
           on
           the
           weak
           treacherous
           Prop
           of
           humane
           Policy
           ,
           or
           endeavours
           to
           stand
           only
           by
           punishment
           of
           their
           brethren
           ,
           modestly
           dissenting
           in
           some
           opinions
           .
        
         
           And
           why
           may
           not
           I
           with
           an
           humble
           boldness
           lay
           down
           these
           Observations
           at
           the
           door
           of
           
             the
             supream
             Autority
             the
             Parliament
             ,
          
           &c.
           now
           sitting
           at
           
             Westminster
             ?
          
           Why
           may
           I
           not
           solicite
           their
           mercy
           (
           by
           contemplating
           ,
           what
           a
           series
           of
           providences
           have
           fettled
           them
           in
           the
           present
           Power
           ,
           and
           redeemed
           their
           Consciences
           from
           a
           design'd
           slavery
           )
           to
           take
           into
           their
           first
           consideration
           the
           deplorable
           condition
           of
           the
           most
           oppress'd
           people
           in
           the
           world
           ?
           Why
           may
           not
           the
           severity
           of
           the
           Eternall
           Justice
           ,
           executed
           on
           former
           Governements
           ,
           instruct
           them
           to
           meekness
           towards
           their
           Brethren
           in
           such
           a
           sad
           forlorn
           affliction
           ?
           and
           thereby
           preserve
           themselves
           and
           their
           successors
           to
           a
           continued
           blessing
           by
           that
           Hand
           ,
           which
           shakes
           down
           the
           Pallaces
           of
           the
           proud
           and
           uncompassionate
           ,
           and
           out
           of
           their
           rubbish
           builds
           up
           a
           Tabernacle
           of
           glory
           for
           the
           humble
           and
           mercifull
           .
        
         
         
           Nor
           can
           I
           at
           any
           distance
           how
           remote
           soever
           (
           though
           we
           squint
           on
           carnall
           interests
           )
           discover
           whence
           any
           the
           least
           prejudice
           can
           reach
           the
           Government
           ,
           in
           not
           offering
           violence
           by
           Oaths
           to
           the
           Conscience
           ;
           unless
           we
           reckon
           on
           the
           loss
           of
           that
           Rent
           is
           annually
           extorted
           by
           violence
           from
           the
           Conscience
           ?
           And
           how
           unhandsom
           and
           (
           above
           that
           )
           unchristian
           will
           it
           appear
           ,
           that
           we
           can
           tenderly
           maintain
           every
           Congregation
           ,
           but
           only
           that
           ,
           the
           not
           protecting
           which
           is
           for
           our
           temporall
           emolument
           and
           supplies
           of
           the
           Treasury
           ;
           In
           recompence
           whereof
           ,
           we
           may
           bring
           in
           the
           universall
           comfort
           of
           the
           whole
           Nation
           ,
           when
           liberty
           of
           Conscience
           shall
           be
           so
           generall
           ,
           that
           in
           that
           harmony
           no
           one
           string
           shall
           be
           out
           of
           tune
           ;
           Every
           spirit
           charitably
           embracing
           each
           other
           ,
           and
           though
           not
           fully
           consenting
           in
           every
           circumstance
           ,
           yet
           all
           agreeing
           in
           one
           belief
           of
           one
           God
           ,
           and
           one
           acknowledging
           of
           one
           Mediator
           .
        
         
           And
           thus
           in
           a
           perfect
           unity
           at
           home
           ,
           how
           safe
           shall
           we
           be
           against
           the
           sordidly
           avaritious
           ,
           or
           disorderly
           ambitious
           of
           our
           enemies
           abroad
           ;
           who
           as
           they
           feare
           that
           Sword
           ,
           which
           the
           Almighty
           hath
           put
           into
           our
           hands
           ;
           So
           will
           they
           court
           that
           Nations
           friendship
           ,
           which
           is
           so
           piously
           frindly
           in
           it selfe
           .
           How
           religious
           will
           they
           believe
           all
           leagues
           ?
           how
           happy
           all
           commerce
           with
           a
           people
           so
           conscientious
           ,
           that
           (
           only
           on
           the
           account
           of
           tenderness
           )
           throwes
           away
           the
           covetous
           severity
           of
           their
           Predecessors
           ,
           and
           takes
           into
           one
           common
           liberty
           every
           Conscience
           under
           their
           protection
           .
           To
           offer
           the
           reputation
           and
           honour
           hereby
           to
           be
           gain'd
           with
           our
           most
           powerfull
           Neighbours
           (
           which
           notwithstanding
           the
           wisest
           and
           noblest
           Republiques
           have
           ever
           highly
           valued
           )
           may
           perhaps
           be
           rejected
           ,
           as
           a
           carnall
           vanity
           ;
           But
           the
           many
           blessings
           which
           the
           Eternall
           Mercy
           may
           be
           humbly
           hoped
           ,
           will
           hereupon
           plentifully
           showre
           down
           upon
           the
           mercifull
           ,
           is
           comfortably
           to
           be
           reflected
           on
           .
           Every
           Conscience
           thus
           set
           at
           liberty
           ,
           being
           obliged
           in
           all
           Christian
           duty
           ,
           continually
           to
           invoak
           a
           happinesse
           on
           those
           Governors
           ,
           who
           have
           broken
           asunder
           the
           fetters
           in
           which
           so
           many
           were
           sadly
           bound
           up
           ,
           and
           who
           have
           enlarg'd
           them
           to
           sing
           
             Hymnes
          
           of
           praise
           for
           so
           great
           ,
           so
           charitable
           a
           Deliverance
           .
        
         
           
             WILL
             .
             BIRCHLEY
             .
          
        
         
           FINIS
           .
        
      
    
     
       
         
           ERRATA
           .
        
         
           PAge
           11.
           lin.
           28.
           read
           Priviledges
           ,
           p.
           14.
           l.
           14.
           r.
           all
           together
           ,
           p.
           22.
           l.
           30.
           r.
           
             two
          
           evident
           .
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A75812e-260
           
             Lam.
             1.
             
          
           
             Lam.
             4.
             1
             
          
           
             Jer.
             14.
             19.
             
          
           
             Lam.
             2.
             19
             
          
           
             Jer.
             8.
             22.
             
          
           
             Thoughts
             unpunisht
             because
             unoffensive
             .
          
           
             Thoughts
             not
             punished
             because
             incapable
             of
             proof
             .
          
           
             Doctor
             and
             Student
             
               p.
            
             104.
             
          
           
             
               Dyer
               288.
               49
               Ed
            
             3●1
             Challenge
             100.
             
          
           
             
               Crompton
            
             in
             his
             Justice
             of
             P.
             193.
             
          
           
             Dalton
             299
             Fullers
             
               Argument
            
             10.
             
          
           
             Coke
             mag.
             circa
             657.
             
          
           
             Leighes
             
               case
               .
               &
            
             18.
             
          
           
             Eliz.
             Dyer
             175.
             
          
           
             Hinds
             
               case
               .
            
          
           
             21
             Ed.
             3.
             10.
             
          
           
             a
             Thoughts
             not
             punisht
             by
             Acts
             of
             Parliament
             before
             the
             Reformation
             .
          
           
             5
             Hen.
             2.
             5
             2
             He.
             4
             14.
             2
             Hen.
             5.
             1.
             
          
           
             31
             &
             34
             Hen
             8.
             
             Nor
             in
             the
             beginning
             of
             the
             Reformation
             .
          
           
             
               Lord
            
             Herberts
             Hen.
             8
             
               fol.
            
             447
             ,
             448.
             
          
           
             Nor
             since
             the
             Reformation
             .
          
           
             1
             El●z
             .
             1.
             8
             Eliz.
             10.
             
          
           
             13
             Eliz.
             12
             
          
           
             Norby
             the
             last
             Parliament
             it self
             .
          
           
             11
             Aug.
             1645.
             
          
           
             22
             Decemb
             :
             1646.
             
          
           
             9
             Aug.
             1650.
             
          
           
             2
             Hen.
             4.
             15
             
          
           
             
               Coke
            
             Mag.
             Carta
             .
             45.
             
             &
             46.
             
          
           
             Exact
             collections
             ,
             
               fol.
               267.
               
               Ib.
            
             fol.
             660
             
          
           
             1642.
             
             
               Ibi●
            
             fol.
             694.
             
          
           
             Exact
             col
             .
             
               fol.
            
             78.
             
          
           
             Booke
             of
             Ordinances
             
               fol.
            
             878
             
          
           
             15
             Junii
             .
             1647.
             
          
           
             9
             Febr.
             1648.
             
          
           
             Booke
             of
             O●dinances
             for
             sequestrations
             
               fol
            
             40
             
          
           
             August
             17.
             1643.
             
          
           
             Book
             of
             O●dinan
             .
             289.
             408.
             
             Jul
             19.
             1643
             
          
           
             G●eat
             Boo
             .
             of
             O●din
             .
          
           
             fol
             240.
             30.
             
               Nov.
            
             1643.
             
          
           
             Ordin.
             390.
             399.
             20
             
             
               〈◊〉
               .
            
             1643.
             
          
           
             Ordi
             .
             404.
             
          
           
             Ordi
             .
             802.
             
          
           
             November
             26.
             1644.
             
          
           
             Gr.
             Booke
             of
             Ordin.
             809.
             
          
           
             1.
             Apr.
             1643
             
          
           
             Great
             Book
             of
             Ordin.
             fol.
             360.
             and
             511.
             
          
           
             Sept.
             1640.
             
          
           
             
               In
            
             17.
             
             Caroli
             .
          
           
             
               Cokes
            
             fourth
             Report
             ,
             
               f.
            
             95.
             
          
           
             See
             Book
             of
             Speeches
             ,
             
               pag.
            
             314.
             
          
           
             Master
             
               Bagshaw
               ,
            
             ibid.
             p.
             347
             
          
           
             Novemb.
             7.
             1640.
             
          
           
             ibid
             p.
             319
             
          
           
             Master
             
               Hobbs
            
             in
             his
             Christian
             Common-wealth
             ,
             
               p.
            
             378.
             
          
           
             a
             In
             consens
             .
             de
             re
             Sacram.
             
               Art.
            
             24.
             p.
             75●
             .
          
           
             b
             Part.
             2.
             Histor
             Sacram
             .
             
               fol.
            
             754.
             
          
           
             c
             De
             Coena
             Domini
             .
             
               p.
            
             216.
             
          
           
             Armies
             Declaration
             14.
             
             
               Iune
            
             1647.
             p.
             12
             
          
           
             Narration
             of
             the
             Army
             printed
             at
             
               Oxford
               .
            
             1647.
             
             Pag.
             11.
             
          
           
             Army's
             Declaration
             2.
             
               Aug
            
             1647.
             
          
           
             Page
             7.
             
          
           
             Their
             Proposals
             ,
             16
             
               September
            
             1647.
             
          
           
             Page
             8.
             
          
           
             Page
             10.
             
          
           
             Proceedings
             of
             the
             Army
             ,
             15
             
               Novem.
            
             1647.
             
          
           
             Page
             9.
             
          
           
             Lord
             Gen.
             
               Cromwel's
            
             Declaration
             1647.
             
          
           
             Pag.
             10.
             13
             
          
           
             Lord
             Gen.
             Declarat
             .
             21.
             
             
               March
            
             1650.
             
          
           
             Pag.
             2.
             3.
             
          
           
             Pag.
             5.
             
          
           
             Lord
             Generals
             Letter
             dat.
             19.
             
               Octob.
            
             1649.
             
          
           
             Narrarive
             of
             the
             Army
             30.
             
             
               April
            
             1649.
             
          
           
             Page
             5.
             
          
           
             Petition
             presented
             11.
             
             
               Sept.
            
             1648.
             
          
           
             Deut.
             19
             15.
             
          
           
             Mat.
             18.
             16.
             
          
           
             John
             .
             8
             11.
             
          
           
             
               Ofiander
            
             Cent.
             7.
             fol.
             94.
             
          
           
             
               Bucer
            
             Comment
             .
             Evangel.
             fol.
             428.
             
          
           
             
               Bucan.
            
             in
             loc.
             com
             fol
             33.
             
          
           
             Sect.
             18.
             
          
           
             
               Fox
               .
            
             Acts
             and
             Mon.
             fol.
             1650.
             and
             1638.
             
          
           
             
               Beza
            
             in
             his
             Theologicall
             Tract.
             fol.
             90.
             and
             118.
             
          
           
             
               Calvin
               .
            
             Comment.
             in
             1
             Cor.
             8.
             7.
             
          
           
             
               Polanus
            
             Syntag.
             liber
             .
             10.
             ca.
             65.
             
          
           
             
               Jac.
               Acontius
            
             in
             Strat.
             Satan
             .
             fol.
             158.
             and
             161.
             
          
           
             
               Perkins
            
             in
             6.
             
             Galat.
             fol.
             477.
             
          
           
             Assembly
             of
             Divines
             Conf.
             of
             Faith
             ,
             
               chap.
               19.
               sect.
            
             2.
             
          
           
             Mr
             
               Hobs
            
             in
             his
             Christian
             Common-wealth
             fo.
             270.
             
          
           
             1
             Corinth
             .
             1.
             24
             
             Fol.
             271.
             
          
           
             Ephes.
             2.
             
          
           
             Fol.
             26●
             .
          
           
             
               Camdens
            
             El●z
             .
          
           
             Annis
             1577.
             fol.
             86.
             and
             1581.
             fol
             11.
             
          
           
             M
             ▪
             
               ●h●ll●ngworth
               .
            
          
           
             Page
             167.
             
          
           
             M.
             
               Chil.
            
             in
             his
             Preface
             ,
             
               fol.
            
             7.
             
          
           
             Fol.
             100.
             
          
           
             Fol.
             179.
             
          
           
             Fol.
             180.
             
          
           
             Fol.
             198.
             
          
           
             Fol.
             16.
             
          
           
             Fol.
             19.