REASONS Of the present judgement of the university of OXFORD, CONCERNING The solemn League and Covenant. The Negative Oath. The Ordinances concerning Discipline and worship. Approved by general consent in a full Convocation, 1. Jun. 1647. AND Presented to Consideration. ACADEMIA. OXONIENSIS. Printed in the year, 1647. A Solemn League and Covenant, for Reformation, and defence of Religion, the honour and happiness of the King, and the Peace and Safety of the three kingdoms, England, Scotland, and Jreland. WE Noblemen, Barons, Knights, Gentlemen, Citizens, Burgesses, Ministers of the gospel, and Commons of all sorts in the Kingdoms of England, Scotland, and Ireland, by the Providence of God living under one King, and being of one Reformed Religion, having before our eyes the glory of God, and the advancement of the kingdom of our Lord and Saviour Jesus Christ, the honour and happiness of the King's majesty, and His Posterity, and the true public liberty, safety, and Peace of the Kingdoms wherein every one's private condition is included, and calling to mind the treacherous and bloody plots, Conspiracies, Attempts, and practices of the Enemies of God against the true Religion, and Professors thereof in all places, especially in these three kingdoms, ever since the Reformation of Religion, and how much their rage, power, and presumption are of late, and at this time increased and exercised; whereof the deplorable estate of the Church and Kingdom of Ireland, the distressed estate of the Church and kingdom of England, and the dangerous estate of the Church and kingdom of Scotland, are present and public Testimonies; We have now at last, (after other means of supplication, Remonstrance, Protestations, and Sufferings) for the preservation of ourselves and our Religion from utter ruin and destruction, according to the commendable practice of these kingdoms in former times, and the Example of God's People in other Nations; after mature deliberation resolved and determined to enter into a mutual and solemn League and Covenant, wherein we all subscribe, and each one of us for himself with our hands lifted up to the most High God, do swear: I. THat we shall sincerely, really, and constantly, through the Grace of God, endeavour in our several places and callings, the preservation of the Reformed Religion in the Church of Scotland, in Doctrine, Worship, Discipline and Government, against our common Enemies; The Reformation of Religion in the Kingdoms of England and Ireland in Doctrine, Worship, Discipline and Government, according to the Word of God, and the example of the best reformed Churches: And shall endeavour to bring the Churches of God in the three kingdoms, to the nearest conjunction and uniformity in Religion, Confession of Faith, Form of C●urch Government, Directory for Worship and catechising; That we and our posterity after us may as Brethren live in Faith and Love, and the Lord may delight to dwell in the midst of us. II. That we shall in like manner, without respect of persons, endeavour the extirpation of Popery, Prelacy, (that is, Church Government by Archbishops, Bishops, their chancellors and Commissaries, Deans, Deans and Chapters, Archdeacons, and all other ecclesiastical Officers depending on that Hierarchy) Superstition, heresy, schism, profaneness, and whatsoever shall be found to be contrary to sound Doctrine, and the power of godliness; lest we partake in other men's sins, and thereby be in danger to receive of their plagues, and that the Lord may be one, and his Name one in the three kingdoms. III. We shall with the same sincerity, reality and constancy, in our several Vocations, endeavour with our estates and lives, mutually to preserve the Rights and Privileges of the Parliaments, and the Liberties of the kingdoms, and to preserve and defend the King's majesty's person and authority, in the preservation and defence of the true Religion, and Liberties of the kingdoms, that the world may bear witness with our consciences of our loyalty, and that we have no thoughts or intentions to diminish His majesty's just power and greatness: iv. We shall also with all faithfulness endeavour the discovery of all such as have been, or shall be Incendiaries, Malignants, or evil Instruments, by hindering the Reformation of Religion, dividing the King from his people, or one of the kingdoms from another, or making any faction or parties amongst the people, contrary to this League and Covenant, that they may be brought to public trial, and receive condign punishment, as the degree of their offences shall require or deserve, or the supreme Judicatories of both kingdoms respectively, or others having power from them for that effect, shall judge convenient. V. And whereas the happiness of a blessed Peace between these kingdoms, denied in former times to our progenitors, is by the good providence of God granted unto us, and hath been lately concluded, and settled by both Parliaments, we shall each one of us, according to our place and interest endeavour that they may remain conjoined in a firm Peace and Union to all posterity; And that Justice may be done upon the wilful opposers thereof, in manner expressed in the precedent Articles. VI. We shall also according to our places and callings in this common cause of Religion, Liberty and Peace of the kingdoms, assist and defend all those that enter into this League and Covenant▪ in the maintaining and pursuing thereof, and shall not suffer ourselves directly or indirectly by whatsoever combination, persuasion or terror to be divided and withdrawn from this blessed Union and Conjunction, whether to make defection to the contrary part, or to give ourselves to a detestable indifferency or neutrality i● this caus●, which so much concerneth the glory of God, the good of the Kingdoms and the honour of the King; but shall all the days of our lives zealously and constantly continue therei●, against all opposition & promote th'same according to our power, against all lets and impediments whatsoever; and what we are not able ourselves to suppress or overcome, we shall reveal▪ & make known, that it may be timely prevented or removed; All which we shall do as in the sight of God. And because these Kingdoms are guilty of many sins and provocations against God, and his Son Jesus Christ, as is too manifest by our present distresses and dangers the fruits thereof; We profess and declare before God and the world, our unfeigned desire to be humbled for our own sins, and for the sins of these Kingdoms, especially that we have not as we ought, valued the inestimable benefit of the Gospel, that we have not laboured for the purity and power thereof, and that we have not endeavoured to receive Christ in our hearts, nor to walk worthy of him in our lives, which are the causes of other sins and transgressions so much abounding amongst us; And our true and unfeigned purpose, desire, and endeavour for ourselves, and all others under our power and charge, both in public and in private, in all duties we owe to God and man, to amend our lives, and each one to go before another in the example of a real Reformation, that the Lord may turn away his wrath and heavy indignation, and establish these Churches and Kingdoms in truth and peace. And this Covenant we make in the presence of Almighty God the searcher of all hearts, with a true intention to perform the same, as we shall answer at that great day, when the secrets of all hearts shall be disclosed. Most humbly beseeching the Lord to strengthen us by his holy Spirit for this end, and to bless our desires and proceedings with such success, as may be deliverance and safety to his people, and encouragement to other Christian Churches groaning under, or in danger of the yoke of Antichristian tyranny; to join in the same, or like Association and Covenant, to the glory of God, the enlargement of the kingdom of Jesus Christ, and the peace and tranquillity of Christian Kingdoms and commonwealths. The Negative Oath. I A. B. do swear from my heart, that i will not directly, nor indirectly, adhere unto, or willingly assist the King in this War▪ or in this Cause, against the Parliament, nor any Forces raised without the consent of the two Houses of Parliament, in this Cause or war: And i do likewise swear, that my coming and submitting myself under the Power and Protection of the Parliament, is without any manner of design whatsoever, to the prejudice of the proceedings of this present Parliament, and without the direction, privity, or advice of the King, or any of his council, or Officers, other than what i have now made known. So help me God, and the contents of this book. Reasons why the university of Oxford cannot submit to the Covenant, the Negative Oath, the Ordinance concerning Discipline and Directory mentioned in the late Ordinance of Parliament for the Visitation of that place. WHereas by an Ordinance of the Lords and Commons assembled in Parliament, for the Visitation and Reformation of the University of Oxford lately published, power is given to certain persons therein named as Visitors, to inquire concerning those of the said University that neglect to take the solemn League and Covenant, and the Negative Oath being tendered unto them, and likewise concerning those that oppose the execution of the Ordinances of Parliament concerning the Discipline and Directory, or shall not promote or cause the same to be put in execution according to their several places and callings, We the Masters, Scholars, and other Officers and Members of the said University, not to judge the Consciences of others, but to clear ourselves before God and the world from all suspicion of obstinacy, whilst we discharge our own, present to consideration the true reasons of our present judgement concerning the said Covenant, Oath, and Ordinances: Expecting so much Justice, and hoping for so much Charity, as either not to be pressed to conform to what is required in any the premises, further than our present judgements will warrant us; or not condemned for the refusing so to do, without clear and real satisfaction given to our just scruples. §. I. Of the Pr●fac● to the Coven●●t. THe Exceptions against the Introductory Preface to the Covenant although we insist not much upon, because it may be said to be no part of the Covenant: yet among the things therein contained, the acknowledgement whereof is implicitly required of every Covenanter, 1. We are not able to say, that the rage, power, and presumption of the enemies of God (in the sense there intended) is at this time increased. 2. Nor can truly affirm that we had used, or given consent to any Supplication or Remonstrance to the purposes therein expressed. 3. Nor do conceive the entering into such a mutual League and Covenant to be a lawful, proper and probable means to preserve ourselves and our Religion from ruin and destruction. 4. Nor can believe the same to be according to the commendable practice of these kingdoms, or the example of God's people in other Nations. When we find not the least foot-step in our Histories of a sworn Covenant ever entered into by the people of this kingdom upon any occasion whatsoever; nor can readily remember any commendable example of the like done in any other Nation: but are rather told by the defenders of this Covenant, that a Such an Oath, as for Matter, Persons, and other Circumstances, the like hath not been in any Age or Oath we read of in sacred or human stories. M. Nye, Covenant with Narrative, pag. 12. the world never saw the like before. §. II. Of the Covenant in gross. FIrst, we are not satisfied, how we can submit to the taking thereof, as it is now imposed under a penalty. 1. Such imposition (to our seeming) being repugnant to the nature of a Covenant: which being a Contract implieth a a Pactum est duorum pluri●mv● in idem placitum consensus. L. 1. ff. de Pactis. voluntary mutual consent of the Contractors; whereunto men are to be induced by persuasions, not compelled by power. In so much that the very words of this Covenant in the Preface, conclusion, and whole frame thereof run in such a form throughout, as import a consent rather grounded upon prudential motives, than extorted by Rigour. 2. Without betraying the Liberty, which by our protestation we are bound, and in the third Article of this Covenant must swear, with our lives and fortunes to preserve. To which Liberty the imposition of a new Oath, other than is established by Act of Parliament, is expressed in the b Whereas many of them have had an oath administered unto them not warrantable by the laws and Statutes of this realm, They do humbly pray that no man hereafter be compelled to take such an oath— All which they most humbly pray— as their rights and liberties according to the laws and Statutes of this realm. Petit. of Right, 3. Carol. Petition of Right, and by the Lords and Commons in their c It is declared 16 Jan. 1642. That the King cannot compel men to be sworn without an act of Parliament. Exact Collect. pag. 859, 860. Declarations acknowledged to be contrary. 3. Without acknowledging in the Imposers, a greater Power then, for aught that appeareth to us, hath been in former time challenged; Or can consist with our former Protestation (if we rightly understand it) in sundry the most material branches thereof. Neither, secondly, are we satisfied; although the Covenant should not be imposed upon us at all, but only recommended to us, and then left to our choice; 1. How we should in wisdom and duty (being Subjects) of our own accord and free will enter into a Covenant, wherein He, whose Subjects we are, is in any wise concerned, without his consent, either expressed or reasonably presumed. It being in his power (as we conceive) by the equity of the Law, Numb. 30. to annull and make void the same at his pleasure. 2. How we can (now that His Majesty hath by His public d Proclam. of 9 Octob. 19 Car. Interdict sufficiently made known His pleasure in that behalf) enter into a Covenant, the taking whereof he hath expressly forbidden; without forfeiting that Obedience, which (as we are persuaded) by our natural Allegiance and former oaths we owe unto all such His majesty's Commands, as are not in our apprehensions repugnant to the will of God, or the positive Laws of this kingdom. § III. Of the first Article of the Covenant. WHerein, first, we are not satisfied, how we can with judgement swear to endeavour to preserve the Religion of another kingdom; 1. Whereof, as it doth not concern us to have very much, so we profess to have very little understanding. 2. Which (so far as the occurrents of these unhappy times have brought it to our knowledge, and we are able to judge) is in three of the four specified particulars, viz. Worship, Discipline, and Government, much worse; and in the fourth (that of Doctrine) not at all better than our own; which we are in the next passage of the Article required to reform. 3. Wherein if hereafter we shall find any thing (as upon farther understanding thereof it is not impossible we may) that may seem to us favouring of Popery, Superstition, heresy, or schism, or contrary to sound doctrine, or the power of godliness; we shall be bound by the next Article to endeavour the extirpation, after we have bound ourselves by this first Article to the preservation thereof. 4. Wherein we already find some things (to our thinking) (viz.) In accounting Bishops Antichristian, and indifferent Ceremonies unlawful. so far tending towards (a) Superstition and b viz. In making their discipline and government a mark of the true Church, and the setting up thereof the erecting of the throne of Christ. schism, that it seemeth to us more reasonable that we should call upon them to reform the same, then that they should call upon us to preserve it. Secondly, we are not satisfied in the next branch, concerning the Reformation of Religion in our own kingdom, in Doctrine, Worship, Discipline and Government; How we can swear to endeavour the same, (which without making a change therein cannot be done,) 1. Without manifest scandal to the Papist and Separatist, 1. By yielding the cause, which our godly Bishops and Martyrs, and all our learned Divines ever since the Reformation have both by their writings and sufferings maintained; who have justified, against them both, the Religion established in the Church of England to be agreeable to the Word of God. 2. By justifying the Papists in the reproaches and scorn by them cast upon our Religion, whose usual objection it hath been and is, that we know not what our Religion is; that since we left them, we cannot tell where to stay; and that our Religion is a c Let us not be blamed if we call it Parliament Religion, Parliament Gospel, Parliament Faith. Harding confut. of Apology, part 6. Chap. 2. Parliamentary Religion. 3. By a tacit acknowledgement that there is something both in the doctrine and worship, whereunto their conformity hath been required, not agreeable to the Word of God; and consequently justifying them both, the one in his Recusancy, the other in his Separation. 4. By an implied Confession, that the laws formerly made against Papists in this kingdom, and all punishments by virtue thereof inflicted upon them, were unjust; in punishing them for refusing to join with us in that form of Worship, which ourselves (as well as they) do not approve of. 2. Without manifest wrong unto ourselves, our Consciences, Reputation and Estates; in bearing false witness against ourselves, and sundry other ways: by swearing to endeavour to reform that, as corrupt and vicious▪ 1. Which we have formerly by our personal Subscriptions approved, as agreeable to God's Word: and have not been since either condemned by our own hearts for so doing▪ or convinced in our judgements by any of our Brethren that therein we did amiss. 2. Which in our Consciences we are persuaded▪ not to be in any of the four specified particulars (as it standeth by Law established) much less in the whole four, against the Word of God. 3. Which we verily believe (and, as we think upon good grounds) to be in sundry respects much better, and more agreeable to the Word of God, & the practice of the Catholic Church, then that which we should by the former words of this Article swear to preserve. 4. Whereunto the d Stat. 13. Eliz. 12. laws yet in force require of all such Clerks as shall be admitted to any Benefi●e, the signification of their hearty assent, to be attested openly in the time of Divine Service before the whole congregation there present, within a limited time, and that under pain (upon default made) of the loss of every such Benefice. 3. Without manifest danger of Perjury: This branch of the Article (to our best understandings) seeming directly contrary 1. To our former solemn Protestation, which we have bound ourselves neither for hope, fear, or other respect ever to relinquish. Wherein the Doctrine which we have vowed to maintain, by the name of the true Protestant Religion expressed in the Doctrine of the Church of England, we take to be the ●ame which now we are required to endeavour to reform and alter. 2. To the Oath of Supremacy, by us also taken, according to the laws of the realm, and the Statutes of our University in that behalf. Wherein having first testified and declared in our Consciences, that the King's highness is the only supreme governor of this realm, we do after swear to our power to assist and d●fend all Jurisdictions, Privileges, preeminences, and Authorities granted or belonging to the King's highness, His heirs, and Successors, or united and annexed to the Imperia●● Crow●● of this Realm●. One of the which Privileges and preeminences, by an express Statute so annexed, and that even, in termi●●, in the selfsame words in a manner with those used in the Oath, is the whole power of spiritual or ecclesiastical Jurisdiction, for the correction and reformation of all manner of errors and abuses in matters ecclesiastical: as by the e Such jurisdictions, privileges, superiorities and preeminences spiritual and ecclesiastical, as by any, &c. for the Visitation of the ecclesiastical State and Persons, and for reformation, order and correction of the same, and of all manner errors, heresies, schisms, abuses, offences, contempts and enormities, shall for ever by authority of this present Parliament be united and annexed to the imperial Crown of this realm. An Act restoring to the crown the ancient Jurisdiction, &c. 1 Elizab. 1. words of the said Statute more at large appeareth. The Oath affording the Proposition, and the Statute the Assumption, we find no way how to avoid the Conclusion. §. IV. Of the Second Article of the Covenant. FIrst, it cannot but affect us with some grief and Amazement, to see that ancient form of Church-Government, which we heartily (and, as we hope, worthily) honour; as under which our Religion was at first so orderly, without violence or tumuk, and so happily, reformed; and hath since so long flourished with Truth and Peace, to the honour and happiness of our own, and the envy and admiration of other Nations, not only 1. Endeavoured to be extirpated; without any reason offered to our understandings, for which it should be thought necessary, or but so much as expedient so to do. But also 2. Ranked with Popery, Superstition, heresy, schism and profaneness; which we unfeignedly profess ourselves to detest as much as any others whatsoever. 3. And that with some intimation also, as if that Government were some way or other so contrary to sound doctrine, or the power of godliness, that whosoever should not endeavour the extirpation thereof must of necessity partake in other men's sins, which we cannot yet be persuaded to believe. 4. And we desire it may be considered, in case a Covenant of like form should be tendered to the Citizens of London, wherein they should be required to swear, they would sincerely, really and constantly without respect of persons, endeavour the extirpation of Treason, the City Government (by a Lord Major, Aldermen, sheriffs, common-council and other officers depending thereon) murder, Adultery, Theft, cozenage, and whatsoever shall be,— &c. lest they should partake in other men's sins; whether such a tendry could be looked upon by any Citizen that had the least spirit of freedom in him as an act of Justice, meekness and Reason? Secondly, for episcopal Government; we are not satisfied how we can with a good Conscience swear to endeavour the extirpation thereof, 1. in respect of the thing itself. Concerning which government we think we have reason to believe, 1. That it is (if not Jure divino in the strictest sense, that is to say, expressly commanded by God in his Word, yet) of apostolical▪ institution, that is to say, was established in the Churches by the Apostles, according to the mind and after the example of their Master Jesus Christ, and that by virtue of their ordinary power and authority derived from him, as deputed by him Governors of his Church. 2. Or at least, that episcopal Aristocracy hath a fairer pretention, and may lay a juster title and claim to a Divine institution than any of the other forms of Church-Government can do; all which yet do pretend thereunto, viz. that of the papal Monarchy, that of the Presbyterian Democracy, and that of the Independents by Particular Congregations, or Gathered Churches. 2. But we are assured by the undoubted testimony of ancient Records and later Histories, that this form of Government hath been continued with such an universal, uninterrupted, unquestioned succession in all the Churches of God, and in all kingdoms that have been called Christian throughout the whole world for fifteen hundred years together; that there never was in all that time any considerable opposition made there against. That of Aërius was the greatest, wherein yet there was little of consideration, beside these two things: that it grew at the first but out of discontent; and gained him at the last but the reputation of an heretic. From which antiquity and continuance, we have just cause to fear, that to endeavour the extirpation thereof, 1. Would give such advantage to the Papists, who usually object against us, and our Religion, the contempt of antiquity, and the love of novelty; that we should not be able to wipe off the aspersion. 2. Would so diminish the just authority due to the consentient judgement and practice of the universal Church (the best interpreter of Scripture in things not clearly expressed; for Lex currit cum praxi:) that without it we should be at a loss in sundry points both of Faith and Manners, at this day firmly believed and securely practised by us; when by the Socinians, Anabaptiss, and other Sectaries we should be called upon for our proofs. As namely sundry orthodoxal explications concerning the Trinity and coequality of the Persons in the godhead, against the Arians and other heretics; the number, use and efficacy of Sacraments; the Baptising of Infants; national Churches; the observation of the lordsday; and even the Canon of Scripture itself. Thirdly, in respect of ourselves; we are not satisfied, how it can stand with the principles of Justice, Ingenuity, and Humanity, to require the extirpation of episcopal Government (Unless it had been first clearly demonstrated to be unlawful) to be sincerely and really endeavoured, by us, 1. Who have all of us, who have taken any Degree by subscribing the 39 Articles, testified our approbation of that Government: one of those a Art. 36. Articles affirming the very Book containing the form of their Consecration to contain in it nothing contrary to the Word of God. 2. Who have most of us (viz. as many as have entered into the ministry) received Orders from their hands: whom we should very ill requite for laying their hands upon us, if we should now lay to our hands to root them up, and cannot tell for what. 3. Who have sundry of us, since the beginning of this Parliament, subscribed our names to Petitions exhibited or intended to be exhibited to that High Court, for the continuance of that Government. Which as we then did sincerely and really, so we should with like sincerity and reality, still (not having met with any thing since to show us our error) be ready to do the same again, if we had the same hopes we then had of the reception of such Petitions. 4. Who hold some of us our livelihood, either in whole or in part, by those titles of Deans, Deans and Chapters, &c. mentioned in the Articles; being members of some Collegiate or cathedral Churches. And our memories will not readily serve us with any example in this kind since the world began; wherein any state or profession of men, though convicted (as we are not) of a crime that might deserve deprivation, were required to bind themselves by oath, sincerely and really to endeavour the rooting out of that (in itself not unlawful) together wherewith they must also root out themselves, their estates and livelihoods. 5. Especially it being usual in most of the said Churches, that such persons as are admitted members thereof, have a personal Oath administered unto them, to maintain the honour▪ Immunities, liberties, and profits of the same; and whilst they live to seek the good, and not to do any thing to the hurt, hindrance, or prejudice thereof; or in other words to the like effect. Fourthly, in respect of the Church of England: we are not satisfied how we can swear to endeavour the extirpation of the established Government▪ no necessity or just Cause for so doing, either offering itself, or being offered to our understandings. 1. Since all change of Government unavoidably bringeth with it, besides those that are present and evident, sundry other ●●●onveniences, which no wit of man can possibly foresee to provide against, till late experience discover them: We cannot be sure, that the evils which may ensue upon the change of this Government, (which hath been of so long continuance in this kingdom, is so deeply roo●ed in the laws thereof, and hath so near a conjunction with, and so strong an influence upon the civil State and Government, as that the change thereof must infer the necessity of a great alteration to be made in the other also;) may not be greater than the supposed evils whatsoever they are, which by this change are sought to be remedied. For there are not yet any come to our knowledge of that desperate nature, as not to be capable of other remedy, than the utter extirpation of the whole Government itself. 2. Whereas the House of Commons have b— give advantage to this Malignant party to traduce our Proceedings. They infuse into the people that we mean to abolish all Church-Government— Remonst. 15. Dec. 1641. Exact Collect. pag. 19 The Lords and Commons do declare, That they intend a due and necessary Reformation of the Government and liturgy of the Church; and to take away nothing in the one or in the other, but what shall be evil, and justly offensive, or at least unnecessary and burdensome. Declar. 9 Apr. 1642. Exact Coll. p. 135. remonstrated, that it was far from their purpose or desire to abolish the Church-Government, but rather that all the members of the Church of England should be regulated by such Rules of Order and Discipline as are established by Parl●ament, and that it was malignancy to infuse into the people that they had any other meaning: We are loath by consenting to the second Article to become guilty of such Infusion, as may bring us within the compass and danger of the fourth Article of this Covenant. 3. Since it hath been declared by sundry c Statut. of Carlisle 25. E. 1. recited 25. E. 3. Acts of Parliament, That the holy Church of England was founded in the state of Prelacy within the Realm of England: We dare not by endeavouring the extirpation of Prelacy, strike at the very foundation, and thereby (as much as in us lieth) cooperate towards the ●●ine of this famous Church; which in all conscience and d●ty we are bound with out utmost lawful power to uphold. Lastly, in respect of our Obligations to His Majesty by our Duty and oaths: we are not satisfied how we can swear to endeavour the extirpation of the Church-Government by Law established, without forfeiture of those Obligations. 1. Having in the Oath of supremacy acknowledged the King to be the only Supreme governor in all ecclesiastical Causes and over all ecclesiastical Persons; and having bound ourselves both in that Oath, and by our Protestation, To maintain the King's Honour, Estate, Jurisdictions, and all manner of Rights: it is clear to our understandings, that we cannot without disloyalty and injury to Him, and double Perjury to ourselves, take upon us without his consent to make any alteration in the ecclesiastical laws or Government, much less to endeavour the extirpation thereof: unless the imposers of this Covenant had a power and meaning (which they have openly d They infuse into the people, that we mean— to leave every man to his own fancy— absolving him of that Obedience which he owes under God unto His Majesty, whom we know to be entrusted with the ecclesiastical Law, as well as with the temporal. Exact Collect. ubi sup. p. 19 disclaimed) to absolve us of that Obedience, which under God we owe unto His Majesty, whom they know to be entrusted with the ecclesiastical Law. 2. We cannot sincerely and really endeavour the extirpation of this Government, without a sincere desire and real endeavour, that His Majesty would grant His royal Assent to such extirpation. Which we are so far from desiring and endeavouring, that we hold it our bounden duty by our daily prayers to beg at the hands of Almighty God, that he would not for our sins suffer the King to do an act so prejudicial to his honour and conscience, as to consent to the rooting out of that estate, which by so many branches of his e That he will grant, keep and confirm the Laws, customs, and Franchises, granted to the clergy by the glorious King S. Edward. And that he will grant and preserve unto the Bishops, and to the Churches committed to their charge, all canonical Privileges and due Law and Justice; and that he will protect and defend them, as every good King in his kingdom ought to be Protector and Defender of the Bishops and the Churches under their Government. Vide Exact Coll. p. 290, 291. Coronation Oath, he hath in such a solemn manner sworn by the assistance of God to his power to maintain and preserve. 3. By the laws of this Land, f See Stat. 25. H. 8. 20. & 1. E. 6. 2. the Collation of bishoprics and g See Stat. 39 Eliz. 8. deaneries; the h Stat. 14. E. 3. 4. & 5. & 17. E. 3. 14 fruits and profits of their Lands and Revenues during their vacancies; the i Stat. 26. H. 8. 3. & 1. Eliz. 4. first fruits and yearly tenths out of all ecclesiastical Promotions; and sundry other Privileges, Profits, and Emoluments, arising out of the State ecclesiastical, are established in the Crown, and are a considerable part of the Revenues thereof; which, by the extirpation of Prelacy, as it is in the Article expounded, or by subsequent practice evidenced, will be severed and cut off from the Crown, to the great prejudice and damage thereof. Whereunto, as we ought not in common reason, and in order to our Allegiance as Subjects, yield our consent; so having sworn expressly to maintain the King's honour and estate, and to our power to assist and defend all Jurisdictions, &c. belonging to His highness, or united and annexed to the imperial Crown of the Realm, we cannot without manifest Perjury (as we conceive) consent thereunto. 4. The Government of this Realm being confessedly an Empire or k— Supremam potestatem & merum imperium apud nos habet Rex. Cambd. Whereas by sundry divers old authentic Histories & Chronicles it is manifestly declared and expressed, that this Realm of England is an Empire, and so hath been accepted in the w●rld, governed by one supreme Head and King, having the dignity and royal estate of the imperial Crown of the same. Stat. 24. H. 8. 12. See also 1 Elizab. 3. Monarchy, and that of a most excellent temper and constitution: we understand not how it can become us to desire or endeavour the extirpation of that Government in the Church, which we conceive to be incomparably of all other the most agreeable, and no way prejudicial to the state of so well a constituted Monarchy. In so much as King JAMES would often say, what his long experience had taught him, No Bishop, no King. Which aphorism, though we find in sundry Pamphlets of late years to have been exploded with much confidence and scorn; yet we must profess to have met with very little in the proceedings of the late times, to weaken our belief of it. And we hope we shall be the less blamed for our unwillingness to have any actual concurrence in the extirpating of episcopal Government: seeing of such extirpation there is▪ no other use imaginable, but either the alienation of their Revenues and Inheritances, (which how it can be severed from Sacrilege and Injustice we leave others to find out) or to make way for the introducing of some other form of Church-Government: which whatsoever it shall be, will (as we think) prove either destructive of, and inconsistent with monarchical Government, or at leastwise more prejudicial to the peaceable, orderly, and effectual exercise thereof, than a well-regulated Episcopacy can possibly be. §. V. Of the other parts of the Covenant. HAving insisted the more upon the two first Articles, that concern Religion and the Church, and wherein ourselves have a more proper concernment: We shall need to insist the less upon those that follow, contenting ourselves with a few (the most obvious) of those many great, and (as we conceive) just exceptions, that lie there against. In the third Article, we are not satisfied that our endeavour to preserve and defend the King's majesty's Person and Authority is so limited, as there it is, by that addition, In the Preservation and defence of the true Religion, and liberties of the kingdom. Forasmuch as 1. No such limitation of our duty in that behalf is to be found, either in the oaths of Supremacy and allegiance, (which no Papist would refuse to take with such a limitation) nor in the Protestation, nor in the Word of God. 2. Our endeavour to preserve the Rights and Privileges of Parliaments, and the liberties of the kingdoms, is required to be sworn of us in the same Article without the like or any other limitation added thereunto. 3. Such limitation leaveth the duty of the Subject, at so much looseness, and the safety of the King at so great uncertainty; that whensoever the People shall have a mind to withdraw their obedience, they cannot want a pretence, from the same for so doing. 4. After we should, by the very last thing we did (viz. swea●ing with such a limitation) have made ourselves guilty of an actual and real dimi●●tion (as we conceive) of His majesty's just power and greatness: the obtestation would seem very unseasonable (at the least) with the same breath to call the world to bear witness with our Consciences, that we had no thoughts or intentions to diminish the same. 5. The swearing with such a limitation is a Testimony of the Subjects loyalty (to our seeming) of a very strange nature: which, the Principles of their several Religions salved, the Conscience of a most resolute Papist or Sectary may securely swallow, and the Conscience of a good Protestant cannot but str●in at. In the fourth Article, 1. We desire it may be considered, whether the imposing of the Covenant in this Article do not lay a necessity upon the Son, of accusing his own Father, and pursuing him to destruction; in case he should be an Incendiary, Malignant, or other evil Instrument, such as in the Article is described. A course, which we conceive to be▪ contrary to Religion, Nature and Humanity. 2. Whether the swearing according to this Article, doth not rather open a ready way, to Children that are sick of the Father, Husbands that are weary of their Wives, &c. by appealing such, as stand between them and their desires, of Malignancy, the better to effectuate their unlawful intentions and designs. 3. Ourselves having solemnly protested to maintain the Liberty of the Subject, and the House of Commons having publicly declared against the exercise of an Arbitrary Power, with Order that their said Declaration should be printed and published in all the Parish-Churches and chapels of the kingdom, there to stand and remain as a testimony of the clearness of their intentions; whether the subjecting of ourselves and brethren by Oath, unto such punishments as shall be inflicted upon us (without Law or Merit) at the sole pleasure of such uncertain Judges as shall be upon any particular occasion deputed for that effect, of what mean quality or abilities soever they be, even to the taking away of our lives, if they shall think it convenient so to do, though the degree of our offences shall not require or deserve the same; be not the betraying of our Liberty in the lowest, and the setting up of an Arbitrary Power in the highest degree, that can be imagined. The substance of the fift Article, being the settling and continuance of a firm peace and union between the three kingdoms, since it is our bounden duty to desire, and according to our several places and interests by all lawful means to endeavour the same: we should make no scruple at all to enter into a Covenant to that purpose, were it not 1. That we do not see, nor therefore can acknowledge the happiness of such a blessed Peace between the three kingdoms (for we hope Ireland is not forgotten) as in the Article is mentioned: So long as Ireland is at War within itself, and both the other kingdoms engaged in that War. 2. That since no peace can be firm and well-grounded that is not bottomed upon Justice, the most proper and adequate act whereof is, Jus suum cuique, to let every one have that which of right belongeth unto him; we cannot conceive how a firm and lasting Peace can be established in these kingdoms, unless the respective Authority, Power, and Liberty of King, Parliament, and Subject, as well every one as other, be preserved full and entire, according to the known laws and continued unquestioned customs of the several kingdoms in former times, and before the beginning of these sad distractions. In the sixth Article we are altogether unsatisfied. 1. The whole Article being grounded upon a supposition, which hath not yet been evidenced to us, viz. that this Cause, meaning thereby (or else we understand it not) the joining in this Covenant of mutual defence for the prosecution of the late War, was the cause of Religion, Liberty, and Peace of the kingdoms; and that it so much concerned the Glory of God, and the good of the kingdoms, and the Honour of the King. 2. If all the premises were so clear, that we durst yield our free assent thereunto, yet were they not sufficient to warrant to our consciences what in this Article is required to be sworn of us; unless we were as clearly satisfied concerning the lawfulness of the means to be used for the supporting of such a Cause. For since evil may not be done, that good may come thereof; we cannot yet be persuaded, that the Cause of Religion, Liberty, and Peace, may be supported; or the Glory of God, the Good of the kingdoms, and the Honour of the King sought to be advanced, by such means, as (to our best understandings) are both improper for those Ends, and destitute of all warrant from the laws, either of God, or of this Realm. Lastly, in the conclusion, our hearts tremble to think, that we should be required to pray that other Christian Churches might be encouraged by our example to join in the like Association and Covenant, to free themselves from the Antichristian yoke, &c. Wherein 1. To omit that we do not know any Antichristian yoke under which we were held in these kingdoms, and from which we owe to this either War or Covenant our freedom: unless by the Antichristian yoke be meant episcopal Government, which we hope no man that pretendeth to Truth and Charity will affirm. 2. We do not yet see in the fruits of this Association or Covenant among ourselves, any thing so lovely asto invite us to desire (much less to pray) that other Christian Churches should follow our example herein. 3. To pray to the purpose in the conclusion of the Covenant expressed, seemeth to us all one in effect, as to beseech Almighty God, the God of Love and Peace, 1. To take all Love and Peace out of the hearts of Christians, and to set the whole Christian world in a combustion. 2. To render the Reformed Religion, and all Protestants odious to all the world. 3. To provoke the Princes of Europe to use more severity towards those of the Reformed Religion: if not (for their own security) to root them quite out of their several Dominions. 4. The tyranny and yoke of Antichrist, if laid upon the necks of Subjects by their lawful sovereigns, is to be thrown off by Christian boldness in confessing the Truth, and Patient suffering for it; not by taking up Arms, or violent resistance of the Higher Powers. §. VI. Some Considerations concerning the meaning of the Covenant. OUr aforesaid scruples are much strengthened by these ensuing Considerations. First that whereas no Oath, which is contradictory to itself, can be taken without Perjury; because the one part of every contradiction must needs be false: this Covenant either indeed containeth, or at leastwise (which to the point of conscience is not much less effectual) seemeth to us to contain sundry Contradictions: as namely, amongst others, these: 1. To preserve as it is, without change, and yet to reform and alter, and not to preserve, one and the same Reformed Religion. 2. Absolutely and without exception to preserve; and yet upon supposition to extirpate the selfsame thing, viz. the present Religion of the Church of Scotland. 3. To reform Church-Government established in England and Ireland, according to the Word of God: and yet to extirpate that Government which we are persuaded to be according thereunto, for the introducing of another whereof we are not so persuaded. 4. To endeavour really the extirpation of Heresies, schisms and profaneness; and yet withal to extirpate that Government in the Church, the want of the due exercise whereof we conceive to have been one chief cause of the growth of the said evils; and do believe the restoring and continuance thereof would be the most proper and effectual remedy. 5. To preserve with our estates and lives, the liberties of the kingdom; that is, (as in the Protestation is explained) of the Subject; and yet contrary to these liberties, to submit to the imposition of this Covenant, and of the Negative Oath not yet established by Law: and to put our lives and estates under the arbitrary power of such as may take away both from us when they please, not only without, but even against Law, if they shall judge it convenient so to do. Secondly, we find in the Covenant, sundry expressions of dark or doubtful construction: Whereunto we cannot swear in judgement, till their sense be cleared and agreed upon. As, Who are the Common Enemies? and which be the best Reformed Churches? mentioned in the first Article. Who (in the fourth Article) are to be accounted Malignants? How far that phrase of hindering Reformation may be extended? What is meant by the supreme Judicatory of both kingdoms? and sundry other. Thirdly, by the use that hath been made of this Covenant, (sometimes to purposes of dangerous consequence) we are brought into some fears and jealousies, lest by taking the same we should cast ourselves into more snares than we are yet aware of. For in the first Article, 1. Whereas we are to endeavour the Reformation of Religion in this kingdom, in Doctrine, Worship, Discipline, and Government, according to the Word of God, and the example of the best Reformed Churches: 1. The Reformation in Worship (whereby we could not suppose any more was intended (according to their former a The Lords & Commons do declare, That they intend a due and necessary Reformation of the liturgy of the Church; and to take away nothing therein but what shall be evil, and justly offensive, or at least unnecessary and burdensome. Declarat. 9 Apr. 1642. Exact Coll. pag. 135. Declaration) than a review of the Service-book, that the translations might be in some places amended, some alterations made in the Offices and rubrics; or at most some of the Ceremonies laid aside for the reasons of expediency and condescension) hath produced an utter abolition of the whole form established: without substituting any other certain form in the room thereof. 2. The Reformation in point of Discipline and Government intended (so far as by the overtures hitherto made we are able to judge) is such, as we conceive not to be according to the Word of God, nor (for any thing we know) according to the example of any Church that ever was in the world (best or worst) since the Creation. 2. In the second Article, our grief and fears had been less, if we could have observed the extirpation of Popery, heresy, schism, and profaneness, to have been as really intended, and set on with as much speed and animosity, as the extirpation of Prelacy, and that which some call Superstition. But when we see, under the notions of rooting out Prelacy and Superstition, so much quickness used to fetch in the Revenues of the Church, and the sacred Utensils, (no otherwise guilty of Superstition, for aught we know, then that they are worth something) and on the other side, so little yet done toward the extirpation of heresy, schism, and profaneness, (as things of less temporal advantage.) We cannot dissemble our suspicion, that the designers of this Covenant might have something else before their eyes besides what in the beginning of the Introduction is expressed; and that there is something meant in this Article, that looketh so like Sacrilege, that we are afraid to venture thereon. 3. In the third Article 1. Although we should not otherwise have apprehended any matter of danger or moment in the ordering of the particulars, in the Article mentioned: yet since M. Challoner in his Speech, and others have made advantage thereof to infer from that very order, that the defence of the King's Person and Authority ought to be with subordination to the preservation of the Rights and Privileges of Parliaments, and the Liberties of the kingdom, which are in the first place, (c) From whence it is most evident, that the Rights and Privileges of the Parliaments and Liberties of the Kingdom are in the first place to be preserved. Answ. to Scotish Papers, 18. Nov. 1646. page 21. and before it to be endeavoured; We hope we shall be excused, if we dare not take the Covenant in this sense; especially, considering that if the Argument be of any force, it will bind us at least, as strongly to endeavour the maintenance of the King's Person, Honour and Estate in the first place, and the rest but subordinately thereunto; because they are so ordered in the Protestation: And then, that Protestation having the advantage of preceding, it will bind us more strongly, as being the first obligation. 2. Whereas some have been the rather induced to take the Covenant in this particular by being told, that that limitation, in the preservation and defence of the true Religion and Liberties of the kingdoms was not to be understood exclusively: yet when we find that the House of Commons in their answer to the Scottish Papers, do d We observe you mention the defence of the King twice from the Covenant, yet in both places leave out In the preservation and, &c. pag. 39 & 46. a main clause, without which the other part ought never to be mentioned. pag. 56. often press that limitation, as without which the endeavouring to preserve the King's majesty's Person and Authority ought not to be mentioned; it cannot but deter us from taking the Covenant in this particular so understood. 3. Especially being told in a late pamphlet, that the King not having preserved the Liberties of the kingdom, &c. as of duty he ought, is thereby become a Tyrant, and so ceaseth to be a King, and consequently that his subjects cease to be Subjects, and owe him no longer subjection. Which assertion, since we heartily detest, as false and scandalous in the supposition, and in the inference seditious and devilish; we dare not by subscribing this Article seem to give the least countenance thereunto. 4. But it striketh us with horror to think what use hath been made of this fourth Article; concerning the punishment of Malignants, &c. as by others otherways; so especially by the Corrector of a speech without doors, written in the defence of M. Challoner's Speech: Who is so bold as to tell the Parliament, that they are bound by their Covenant▪ (for the bringing of evil instruments to condign punishment) to destroy the King and his Posterity; and that they cannot justify the taking away of Straffords and Canterbury's lives for Delinquency, whilst they suffer the chief Delinquent to go unpunished. §. VII. Of the salvoes. THe salvoes that we have usually met withal, for the avoiding of the aforesaid scruples, either concerning the whole Covenant, or some particulars therein of special importance: We find upon examination to be no way satisfactory to our Consciences. The first is that we may take the Covenant in our own sense: but this (in a matter of this nature, viz. an imposed promisory Oath, in the performance whereof others also are presumed to be concerned) seemeth to be 1. Contrary to the Nature and end of an Oath, which unless it be full of simplicity, cannot be Sworn in Truth and righteousness, nor serve to the ending of controversies and contradictions, which was the use for which it was instituted, Heb. 6. 2. Contrary to the end of Speech: God having given us the use of Speech for this end, that it might be the interpreter of the mind; it behooveth us as in all other our dealings and contracts, so especially where there is the intervention of an Oath, so to speak as that they, whom it concerneth, may clearly understand our meaning by our words. 3. Contrary to the end of the Covenant itself. Which being the confirmation of a firm union among the Covenanters, that by taking thereof they might have mutual assurance of mutual assistance & defence: If one may be allowed to take it in one sense, & another in a contrary; the Covenanters shall have no more assurance of mutual assistance each from other after the taking of the Covenant, than they had before. 4. Contrary to the solemn profession made by each Covevanter (in express terms in the conclusion thereof) in the presence of Almighty God, the searcher of all hearts, that he taketh it with a true intention to perform the same, as he shall answer it at the great day. 2 This will bring a scandal upon our Religion, 1. That we practice that ourselves, which we condemn in the Papist, viz. Swearing with Jesuitical equivocations and mental reservations. 2. That we take the glorious and dreadful Name of God in vain; and play fast and loose with oaths: in as much as what we swear to day in one sense, we may swear the direct contrary to morrow in another. And 3. It will give strength to that charge which is laid to the Presbyterian party, in special, both a Haeretia nec Deo, nec hominibus ser●●●t fidem.— Speciatim h●● addo, Calvinistas in hac re deteriores esse qu●m Lutheranos. Nam Calvinistae nullam servant fidem: Jura, perjura.— Lutherani moderatiores sunt. Becan. 5. Manual. Controv. 14. n. 4. & 6. by Jesuits and b Invent oaths and Covenants for the kingdom, dispense with them when he pleaseth, swear and forswear as the wind turneth, like a godly Presbyter. Arraig. of Persec. in Epist. Ded. Sectaries; that there is no faith to be given to Protestants, whatever they swear; because they may swear one thing in their Words, and in their own sense mean another. The second way is, to take the Covenant with these or the like general salvoes express●d, viz. So far as lawfully I may; So far as it is agreeable to the Word of God, and the laws of the Land; Saving all oaths by me formerly taken, &c. But 1. We believe this mocking of God would be so far from freeing us from the guilt of Perjury, that thereby we should rather contract a new guilt of most vile and abominable hypocrisy. 2 It seemeth all one unto us (the thing being otherwise supposed unlawful) as if we should swear to kill, steal, commit adultery, or forswear ourselves, so far as lawfully we may. 3. If this would satisfy the Conscience, we might with a good Conscience not only take the present Covenant, but even subscribe to the council of Trent also; yea, and to the Turkish Alcoran; and swear to maintain and defend either of them, viz. so far as lawfully we may, or as they are agreeable to the Word of God. Thirdly, for the second Article in particular, in the branch concerning the extirpation of Church-Government, we are told that it is to be understood of the whole Government, taken collectively and in sensu composito, so as if we do endeavour but the taking away of Apparitors only, or of any other one kind of inferior officers belonging to the ecclesiastcal Hierarchy, we shall have sufficiently discharged our whole promise in that particular without any prejudice done to Episcopacy. But 1. Neither the composers of the Covenant by their words, nor the imposers of it by their Actions, have given us the least signification that they meant no more. 2. Yea rather, if we may judge either by the cause or the effects, we may well think there was a meaning to extirpate the whole government, and every part thereof in the Article expressed. For 1. The Covenant being (as we have no cause to doubt) framed at the instance of the Scots and for the easier procuring of their assistance in the late War, was therefore in all reason so to be framed and understood as to give them satisfaction, & (considering what themselves have c By the Covenant, both Houses of Parliament, & many thousands of other His majesty's Subjects of England and Ireland stand bound as well as we to hinder the setting up of the Church-Government by Bishops in the kingdom of Scotland: And that we as well as they stand bound to endeavour the extirpation thereof in England and Ireland. Scots Declar. to the States of the United Provinces, 5. Aug. 1645. recited in Answer to the Scots Papers, pag. 23. declared) against Episcopacy, we have little reason to believe the taking away Apparitors, or any thing, less than the rooting out of Episcopacy itself, would have satisfied them. 2. The proceedings also since the entering of this Covenant in endeavouring by Ordinance of Parliament to take away the Name, Power, and Revenues of Bishops do sadly give us to understand, what was their meaning therein. Fourthly, as to the scruples that arise from the sovereignty of the King, and the duty of Allegiance as Subjects; we find two several ways of answering, but little satisfaction in either. 1. The former, by saying (which seemeth to us a piece of unreasonable and strange Divinity) that Protection and Subjection standing in relation either to other, the King being now disabled to give us protection, we are thereby freed from our bond of subjection. Whereas 1. The Subjects obligation (Jus subjectionis) doth not spring from, nor relate unto the actual exercise of Kingly protection; but from and unto the Prince's obligation to protect (Jus Protectionis.) Which obligation lying upon him as a duty which he is bound in conscience to perform, when it is in his power so to do; the relative obligation thereunto lieth upon us as a duty which we are bound in conscience to perform, when it is in our power so to do. His inability therefore to perform his duty doth not discharge us from the necessity of performing ours, so long as we are able to do it. 2. If the King should not protect us, but neglect his part, though having power and ability to perform it; his voluntary neglect ought not to free us from the faithful performance of what is to be done on our part. How much less than ought we to think ourselves disobliged from our subjection, when the Non-protection on his part is not from the want of will, but of power? 2. The later (wherein yet some have triumphed) by saying that the Parliament being the supreme Judicatory of the kingdom, the King, wheresoever in person, is ever present there in his power, as in all other Courts of Justice: and that therefore whatsoever is done by them, is not done without the King, but by him. But craving pardon first, if in things without our proper sphere we hap to speak unproperly or amiss; We must next crave leave to be still of the same mind we were, till it shall be made evident to our understandings, that the King is there in his power, as it is evident to our senses that he is not there in his Person: Which so far as our natural reason and small experience will serve us to judge, all that hath been said to that purpose can never do. For, first, to the point of presence: 1. We have been brought up in a belief that for the making of laws the actual d The old forms of Acts of Parliam. were, The King willeth, provideth, ordaineth, establisheth, granteth, &c. by the assent of Parliament, &c. See Statutes till 1 H. 4. After that, The King, of the assent of the Lords spiritual and temporal, and at the special instance and request of the Commons of this Realm, hath ordained, &c. See Statutes 1 H. 4. till 1 H. 7. A form of such Petition of the Commons, see 1 R. 3. 6. Prayen the Commons in this present Parliament assembled, that where, &c. Please it therefore your highness, by the advice and assent of the Lords spiritual and temporal in this your present Parliament assembled, and by the authority of the same, to ordain, &c. No Bill is an Act of Parliament, Ordinance, or Edict of Law, although both the Houses agree unanimously in it, till it hath the royal Assent. Ancient customs, pag. 54. Assemblee de ceux troys estates est appellee un Act de Parliament: car sans touts troys nest ascun Act de Parl. Finch Nomotech. fol. 21. We admit that no Acts of Parliament are complete, or formally binding without the King's assent. H. P. Answer to David Jenkins, pag. 6. royal assent was simply necessary, and not only a virtual assent supposed to be included in the Votes of the two Houses: otherwise, what use can be made of his Negative voice? or what need to e— Which if your Majesty shall be pleased to adorn with your majesty's royal assent, (without which it can neither be complete and perfect, nor—) Stat. 1. Jac. 1. desire his royal assent, to that which may be done as well without it? 2. The f Stat. 33. H. 1. 21. Statute, providing that the King's assent to any Bill signified under his great Seal shall be to all intents of Law as valid & effectual, as if he were personally present, doth clearly import that as to the effect of making a Law, the King's Power is not otherwise really present with the two Houses, than it appeareth either in his Person or under his Seal: Any other real presence is to us a riddle, not much unlike to that of Transubstantiation: an imaginary thing, rather devised to serve turns, then believed by those that are content to make use of it. 3. Such presence of the King there, when it shall be made appear to us either from the writs, whereby the Members of both Houses are called together, or by the standing laws of the Land, or by the acknowledged judgement, and continued practice of former and later ages, or by any express from the King himself, clearly declaring his mind to that purpose, we shall then as becometh us, acknowledge the same, and willingly submit thereunto. And as for the Argument drawn from the analogy of other Courts, wherein the King's Power is always supposed to be virtually present, under submission we conceive it is of no consequence. 1. The Arguments à minore and ȧ majore are subject to many fallacies; and unless there be a parity of reason in every requisite respect between the things compared, will not hold good: A petty Constable (they say) may do something which a Justice of Peace cannot do: And the Steward of a petty manor hath power to administer an Oath, which (as we are told) the House of Commons itself hath no power to do. 2. That the high Court of Parliament is the supreme Judicatory, we have been told it is by virtue of the King's right of presiding there, he being g Dominus Rex habet ordinariam jurisdictionem, dignitatem & potestatem super omnes qui in regno suo sunt.— Ea quae jurisdictionis sunt & pacis— ad nullum pertinent nisi ad coronam & dignitatem Regians, nec à coronâ separari possunt. Bracton cited by Stamford, lib. 2. cap. 2. the supreme Judge, and the Members of both Houses his council: Which being so, the reason of difference is plain between that and other Judicatories in sundry respects. 1. The Judges in other Courts are deputed by him, and do all in his name, and by his authority; and therefore the presence of his power in those Courts of ministerial Jurisdiction is sufficient, his personal presence not necessary, neither hath he any personal vote therein at all. But in the high Court of Parliament, where the King himself is the Supreme Judge, judging in his own name and by his own authority, his Power cannot be presumed to be really present without either the actual presence of his person, or some virtual representation thereof signified under his great Seal. 2. The Judges in inferior Courts, because they are to act all in his name, and by his Authority, do therefore take oaths of fidelity for the right exercising of Judicature in their several places; sitting there, not by any proper interest of their own, but only in right of the King, whose Judges they are, and therefore they are called the King's Judges and his Ministers. But in the high Court of Parliament, the Lords and Commons sit there in council with the King as Supreme Judge for the good of the whole Realm; and therefore they are not called the King's Judges, but the King's council: and they have their several proper rights and interests peculiar and distinct both between themselves, & from that of the Kings; by reason whereof they become distinct h For in our laws, the clergy, Nobility, & communality are the 3. Estates.— We your said most loving, faithful, and obedient Subjects, (viz. the Lords spiritual and temporal, and the Commons) representing your Three Estates of your realm of England, 1 Eliz. 3.— the State of the clergy being one of the greatest States of this realm. 8 Eliz. 1. Orders, or, as of late times they have been styled (in this sense as we conceive) i See Finch supra ad lit. [d]. three distinct Estates. Each of which being supposed to be the best Conservators of their own proper interest; if the power of any one Estate should be presumed to be virtually present in the other two, that Estate must needs be in inevitably liable to suffer in the proper Interests thereof. Which might quickly prove destructive to the whole kingdom: The safety and prosperity of the whole consisting in the conservation of the just rights and proper interests of the main parts, viz. The King, Lords, and Commons, inviolate and entire. 3. The Judges of other Courts, for as much as their power is but ministerial and merely judicial▪ are bounded by the present laws, and limited also by their own Acts: so as they may neither swerve from the Laws, in giving Judgement, nor reverse their own Judgements after they are given. But the High Court of Parliament, having (by reason of the King's Supreme Power presiding therein) a Power Legislative as well as judicial, are not so limited by any earthly Power, but that they may change and overrule the laws, and their own Acts at their pleasure. The King's personal assent therefore is not needful in those other Courts, which are bounded by those laws whereunto the King hath already given his personal assent: but unto any Act of Power beside, beyond, above, or against the laws already established, we have been informed, and it seems to us very agreeable to reason, that the King's personal Assent should be absolutely necessary: Forasmuch as every such Act is the exercise of a Legislative rather then of a judicial power; and no Act of Legislative power in any Community (by consent of all Nations) can be valid, unless it be confirmed by such person or persons as the sovereignty of that Community resideth in. Which sovereignty, with us, so undoubtedly resideth in the person of the King, that his ordinary style runneth,— Our k The Crown of England hath been so free at all times, that it hath been in no earthly subjection, but immediately to God in all things touching the Regality of the said crown.— 16 R. 2. 5. Omnis sub eo est, & ipse sub nullo, nisi tantùm sub Deo. Parem autem non habet Rex in regno suo, quia— Item nec multò fortiùs superiorem aut potentiorem habere debet, quia sic esset inferior suis subjectis. Bracton. conten. 1. Rubr. 36. — Cui {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}, legibus ipsis legum vim imponendi potestatem Deus dedit. Finch Nomotech. in Epist. Dedic. to K. James. sovereign Lord the King: And he is in the Oath of supremacy expressly acknowledged to be the only Supreme governor within his realms. And we leave it to the wisdom of others to consider, what misery and mischief might come to the kingdom, if the power of any of these three Estates should be swallowed up by any one or both the other, and if then under the name of a judicial there should be ye really exercised a Legislative power. 4. Since all judicial Power is radically and originally in the King, (who is for that cause styled by the laws l Fon● Justitiae. Bracton. By War to intend the alteration of the laws in any part of them, is to levy War against the King, and consequently Treason by the Statute of 25 E. 3.— because they are the King's laws. He is the fountain from whence in their several channels they are derived to the Subject. Master Saint John's Speech concerning the Earl of Strafford, page 12. The fountain of Justice) and not in any other Person or Persons, but by derivation from him: it seemeth to us evident, that neither the Judges of inferior Courts of ministerial Justice, nor the Lords and Commons assembled in the High Court of Parliament, may of right exercise any other power over the Subjects of this Realm, than such as by their respective Patents and Writs issued from the King, or by the known established Laws of the Land formerly assented unto by the Kings of this Realm doth appear to have been from him derived unto them. Which laws, Patents and Writs being the exact boundary of their several Powers, it hath not yet been made appear to our understandings, either from the laws of the realm, or from the tenor of those Writs by which the Parliament is called, that the two Houses of Parliament have any power without the King to order, command, or transact; but with him m— Et ibidem vobiscum colloquium habere, tractare super dictis negotiis tract: vestrumque consilium impensur: Writ to the Lords. to treat, consult, and advise concerning the great affairs of the kingdom. In which respect they have sundry times in their Declarations to His Majesty called themselves by the name of His great council. And those laws and Writs are (as we conceive) the proper topic, from which the just power of the Honourable Houses can be convincingly deduced: and not such frail Collections as the wits of men may raise from seeming Analogies and Proportions. § VIII. Of the Negative Oath. WE are not satisfied, how we can submit to the taking of the Negative Oath, 1. Without forfeiture of that liberty, which we have sworn and are bound to preserve. With which liberty we conceive it to be inconsistent, that any obligation should be laid upon the Subject, by an oath not established by Act of Parliament. 2, Without abjuring our a Every Subject by the duty of his Allegiance is bounden to serve and assist his Prince and Sov●raigne Lord at all seasons when need shall require. 11 H. 7. 18. natural Allegiance, and violating the oaths of Supremacy and Allegiance by us formerly taken. By all which being bound to our power to assist the King, we are by this Negative Oath required to swear, from our heart, not to assist him. 3. Without diminution of His majesty's just Power and greatness, contrary to the third Article of the Covenant; by acknowledging a power in the two Houses of Parliament, in opposition to the King's Power. Whereas we profess ourselves unable to understand, how there can be any lawful power exercised within this realm, which is not subordinate to the power of the King. §. IX. Of the Ordinances conc●rning the Discipline and Directory. FIrst, concerning them all together; we are not satisfied how we can submit to such Ordinances of the two Houses of Parliament not having the royal Assent, 1. As are▪ contrary to the established laws of this Realm contained in such Acts of Parliament as were made by the joint consent of King, Lords, and Commons. 2. Nor so only, but also pretend by repeal to abrogate such Act or Acts. For, since Ejusdem est potestati● destruere cujus est constituere, it will not sink with us, that a lesser power can have a just right to cancel and annull the Act of a greater. Stat. 1. El. 1. 3. Especially the whole power of ordering all matters ecclesiastical being by the laws in express words for ever annexed to the imperial Crown of this Realm. And upon what head that Crown ought to stand, none can be ignorant. As to the particular Ordinances: those that concern the Discipline, first. 1. If under that title be comprehended the Government also: we cannot submit thereunto▪ without consenting to the eradication of a Government of reverend Antiquity in the Church. Which (notwithstanding the several changes of Religion within this Realm) hath yet from time to time been continued and confirmed ●y the Pu●lique Laws and Great Charters of the kingdom: than which there cannot be a more ample testimony that it was ever held agreeable to the civil Government and the Su●jects liberty. Which also the successive Kings of this realm at their several Coronations have solemnly sworn to preserve. And the continuance whereof for sundry reasons before (upon the second Article of the Covenant) specified, we heartily wish and desire. 2. But if the word Discipline be taken (as it is in the first Article of the Covenant) as contradistinguished unto the Government: there is something even in that also, wherein we are not fully satisfied, viz. the leaving of so much power in so many persons, and those, many of them of mean quality, for the keeping back of thousands of well-meaning Christians from the benefit and comfort of the blessed Sacrament. An Austerity, for which there appeareth not to us any probable warrant from the Word of God: B●● which seemeth rather repugnant, as to the general principles of Christian prudence and charity, so to the directions and practice of S. Paul in particular; who in a Church abounding with sundry 1 Cor. 5. 1. &c. errors and corruptions both in faith and manners, (having first given order for the excommunicating of one only person that by shameless continuance in a notorious sin had brought a foul scandal upon the gospel) sufficing himself then with a general proposal of the great danger of unworthy communicating, remitteth every other particular person to a self-examination; without any order either to 1 Cor. 11. 28. &c. Ministers or Lay-Elders to exclude any from the holy Communion upon their Examination. As to the Ordinance concerning the Directory in particular: we cannot without regret of Conscience, (during our present judgement, and the continuance of the present laws) consent to the taking away of the Book of commonprayer. 1. Which by our Subscriptions most of us have approved: with a solemn promise therewithal▪ in the public Service to use the form prescribed therein, and no other. 2. Which, according to our said Subscription and Promise, and our bounden duty according to the Statute in that 1 Eliz. case provided, we have hitherto used in our Churches, chapels, and other Oratories, to the great benefit and comfort of our souls. 3. Which we verily believe not to contain any thing which (with such favourable construction as of right aught to be allowed to all manner of Writings) is not justly defensible; which hath not been by learned and godly men sufficiently maintained against such exceptions as have been heretofore taken thereat; and which we are not confident (by the Assistance of Almighty God) we shall be able to justifi● (as occasion shall be offered) against all Papists, and other oppugners or depravers thereof whatsoever. 4. Which is established by an Act of Parliament, made (in peaceable times) by as good and full authority as any under heaven can have over us. Which doth so weigh with us, that as it freeth us from the necessity of giving in any particular exceptions against the Directory or any thing therein contained: so it layeth an inevitable necessity upon us of continuing the form of Prayer therein enjoined, & of not admitting any Directory or other form to the prejudice thereof, till the said Act shall by the like good and full authority be repealed. In which Statute there is not only an express Command given to all Ministers for the using of the same; but there are also sanctions of severe punishments to be inflicted upon such of them as shall refuse so to do; or shall preach, declare or speak any thing to the derogation or depraving of the Book of Common Prayer, or of any thing therein contained, or of any part thereof: with punishments also to be inflicted upon every other person whatsoever (the Lords of the Parliament not excepted) that shall in like manner declare or speak against the said Book; or shall by deed or threatning compel or otherwise procure or maintain any Minister to say open Prayer, or to minister any Sacrament in any other manner or form than is mentioned in the said Book; or shall interrupt or hinder any Minister in the use of the said forms, as by the words of the said Statute more at large may appear. Which Statute also hath had such an universal powerful influence into the succeeding times, that in all such * Stat. 23. Eliz. 1. & 29 Eliz. 6. & 35 El. 1. & 2. & 3 Jac. 4. & 5. Statutes as have been since made against Popish Recusants, the refusing to be present at commonprayer, or to receive the Sacrament according to the forms and rites mentioned in that Book, is expressed as the most proper legal character, whereby to distinguish a Popish Recusant from a true Protestant. In so much that use hath been made of that very Character in sundry Acts, since the beginning of this present Parliament for the taxing of double payments upon Recusants. THus have we clearly and freely represented our present judgement concerning the said Covenant, Negative Oath, and Ordinances; which upon better information in any particular, we shall be ready to rectify. Only we desire it may be considered, that if any one single scruple or reason in any the premises remain unsatisfied, (though we should receive full satisfaction in all the rest) the Conscience would also remain still unsatisfied. And in that case, it can neither be reasonable for them that cannot satisfy us to press us, nor lawful for us that cannot be satisfied to submit to the said Covenant, Oath and Ordinances. QUINTIL. Quis damnaverit eum, qui duabus potentissimis rebus defenditur, Jure & mente? ROM. 14. 22. Happy is he that condemneth not himself in that which he alloweth. THE END. ERRATA. Page 23. marg. read Haeretici. pag. 24. l. 12. read ecclesiastical. p. 24. l. 27. r. declared against episcopacy) p. 26. l▪ ult. marg. r. Hen. 3. p. 28. l. 24. r. be inevitably.