§. I. Of the Pr • fac • to the Coven •• t.

THe Exceptions againſt the Introductory Preface to the Covenant although we inſiſt not much upon, becauſe it may be ſaid to be no part of the Covenant: yet among the things therein contained, the acknowledgment whereof is implicitely required of every Covenanter,

1. We are not able to ſay, that the rage, power, and preſumption of the enemies of God (in the ſenſe there intended) is at this time increaſed.

2. Nor can truly affirme that we had uſed, or given conſent to any Supplication or Remonſtrance to the purpoſes therein expreſſed.

3. Nor doe conceive the entring into ſuch a mutuall League and Covenant to be a lawfull, proper and probable meanes to preſerve our ſelves and our Religion from ruine and deſtruction.

4. Nor can believe the ſame to be according to the commendable practice of theſe Kingdomes, or the example of Gods people in other Nations. When we find not the leaſt foot-ſtep in our Hiſtories of a ſworne Covenant ever entred into by the people of this Kingdome upon any occaſion whatſoever; nor can readily remember any commendable example of the like done in any other Nation: but are rather told by the defenders of this Covenant, that Such an Oath, as for Matter, Perſons, and other Circumſtances, the like hath not been in any Age or Oath we read of in ſacred or humane ſtories. M. Nye, Covenant with Narrative, pag. 12. the world never ſaw the like before.

§. II. Of the Covenant in groſſe.

FIrſt, we are not ſatisfied, how we can ſubmit to the taking thereof, as it is now impoſed under a penalty.

1. Such impoſition (to our ſeeming) being repugnant to the nature of a Covenant: which being a Contract implyeth a Pactum eſt duorum pluri • mv • in idem placitū conſenſus. L. 1. ff. de Pactis. voluntary mutuall conſent of the Contractors; whereunto men are to be induced by perſwaſions, not compelled by power. In ſo much that the very words of this Covenant in the Preface, concluſion, and whole frame thereof runne in ſuch a forme throughout, as import a conſent rather grounded upon prudentiall motives, then extorted by Rigour.

2. Without betraying the Liberty, which by our proteſtation we are bound, and in the third Article of this Covenant muſt ſweare, with our lives and fortunes to preſerve. To which Liberty the impoſition of a new Oath, other then is eſtabliſhed by Act of Parliament, is expreſſed in the Whereas many of them have had an oath adminiſtred unto them not warrantable by the Lawes and Statutes of this Realme, They doe humbly pray that no man hereafter be compelled to take ſuch an oath—All which they moſt humbly pray—as their rights and liberties according to the Lawes and Statutes of this Realme. Petit. of Right, 3. Carol. Petition of Right, and by the Lords and Commons in their It is declared 16 Jan. 1642. That the King cannot compell men to be ſworne without an act of Parliament. Exact Collect. pag. 859, 860. Declarations acknowledged to be contrary.

3. Without acknowledging in the Impoſers, a greater Power then, for ought that appeareth to us, hath been in former time challenged; Or can conſiſt with our former Proteſtation (if we rightly underſtand it) in ſundry the moſt materiall branches thereof.

Neither, ſecondly, are we ſatisfied; although the Covenant ſhould not be impoſed upon us at all, but only recommended to us, and then left to our choice;

1. How we ſhould in wiſedome and duty (being Subjects) of our own accord and free will enter into a Covenant, wherein He, whoſe Subjects we are, is in any wiſe concerned, without his conſent, either expreſſed or reaſonably preſumed. It being in his power (as we conceive) by the equity of the Law, Numb. 30. to annull and make void the ſame at his pleaſure.

2. How we can (now that His Majeſty hath by His publique Proclam. of 9. Octob. 19. Car. Interdict ſufficiently made known His pleaſure in that behalfe) enter into a Covenant, the taking whereof he hath expreſly forbidden; without forfeiting that Obedience, which (as we are perſwaded) by our naturall Allegiance and former Oathes we owe unto all ſuch His Majeſties Commands, as are not in our apprehenſions repugnant to the will of God, or the poſitive Laws of this Kingdome.

§ III. Of the firſt Article of the Covenant.

WHerein, firſt, we are not ſatisfied, how we can with judgement ſweare to endeavour to preſerve the Religion of another Kingdome;

1. Whereof, as it doth not concerne us to have very much, ſo we profeſſe to have very little underſtanding.

2. Which (ſo far as the occurrents of theſe unhappy times have brought it to our knowledge, and we are able to judge) is in three of the foure ſpecified particulars, viz. Worſhip, Diſcipline, and Government, much worſe; and in the fourth (that of Doctrine) not at all better then our own; which we are in the next paſſage of the Article required to reforme.

3. Wherein if hereafter we ſhall find any thing (as upon farther underſtanding thereof it is not impoſſible we may) that may ſeem to us favouring of Popery, Superſtition, Hereſie, or Schiſme, or contrary to ſound doctrine, or the power of godlineſſe; we ſhall be bound by the next Article to endeavour the extirpation, after we have bound our ſelves by this firſt Article to the preſervation thereof.

4. Wherein we already find ſome things (to our thinking) (viz.) In accounting Biſhops Antichriſtian, and indifferent Ceremonies unlawfull. ſo far tending towards (a) Superſtition and 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. Schiſme, that it ſeemeth to us more reaſonable that we ſhould call upon them to reforme the ſame, then that they ſhould call upon us to preſerue it.

Secondly, we are not ſatisfied in the next branch, concerning the Reformation of Religion in our own Kingdome, in Doctrine, Worſhip, Diſcipline and Government; How we can ſweare to endeavour the ſame, (which without making a change therein cannot be done,)

1. Without manifeſt ſcandall to the Papiſt and Separatiſt,

1. By yeelding the cauſe, which our godly Biſhops and Martyrs, and all our learned Divines ever ſince the Reformation have both by their writings and ſufferings maintained; who have juſtified, againſt them both, the Religion eſtabliſhed in the Church of England to be agreeable to the Word of God.

2. By juſtifying the Papiſts in the reproaches and ſcorne by them caſt upon our Religion, whoſe uſuall objection it hath been and is, that we know not what our Religion is; that ſince we left them, we cannot tell where to ſtay; and that our Religion is a 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 tacite acknowledgement that there is ſomething both in the doctrine and worſhip, whereunto their conformity hath been required, not agreeable to the Word of God; and conſequently juſtifying them both, the one in his Recuſancy, the other in his Separation.

4. By an implied Confeſſion, that the Lawes formerly made againſt Papiſts in this Kingdome, and all puniſhments by virtue thereof inflicted upon them, were unjuſt; in puniſhing them for refuſing to joyne with us in that forme of Worſhip, which our ſelves (as well as they) doe not approve of.

2. Without manifeſt wrong unto our ſelves, our Conſciences, Reputation and Eſtates; in bearing falſe witneſſe againſt our ſelves, and ſundry other wayes: by ſwearing to endeavour to reforme that, as corrupt and vicious▪

1. Which we have formerly by our Perſonall Subſcriptions approved, as agreeable to Gods Word: and have not been ſince either condemned by our own hearts for ſo doing▪ or convinced in our judgements by any of our Brethren that therein we did amiſſe.

2. Which in our Conſciences we are perſwaded▪ not to be in any of the foure ſpecified particulars (as it ſtandeth by Law eſtabliſhed) much leſſe in the whole foure, againſt the Word of God.

3. Which we verily believe (and, as we think upon good grounds) to be in ſundry reſpects much better, and more agreeable to the Word of God, & the practice of the Catholique Church, then that which we ſhould by the former words of this Article ſweare to preſerve.

4. Whereunto the Stat. 13. Eliz. 12. Lawes yet in force require of all ſuch Clerks as ſhall be admitted to any Benefi • e, the ſignification of their hearty aſſent, to be atteſted openly in the time of Divine Service before the whole congregation there preſent, within a limited time, and that under pain (upon default made) of the loſſe of every ſuch Benefice.

3. Without manifeſt danger of Perjury: This branch of the Article (to our beſt underſtandings) ſeeming directly contrary

1. To our former ſolemne Proteſtation, which we have bound our ſelves neither for hope, feare, or other reſpect ever to relinquiſh. Wherein the Doctrine which we have vowed to maintaine, by the name of the true Proteſtant Religion expreſſed in the Doctrine of the Church of England, we take to be the • ame which now we are required to endeavour to reform and alter.

2. To the Oath of Supremacy, by us alſo taken, according to the Lawes of the Realme, and the Statutes of our Univerſity in that behalfe. Wherein having firſt teſtified and declared in our Conſciences, that the Kings Highneſſe is the only ſupreme Governour of this Realme, we doe after ſwear to our power to aſſiſt and d • fend all Juriſdictions, Privileges, Preheminences, and Authorities granted or belonging to the Kings Highneſſe, His Heires, and Succeſſors, or united and annexed to the Imperia •• Crow •• of this Realm • . One of the which Privileges and Preheminences, by an expreſſe Statute ſo annexed, and that even, in termi •• , in the ſelfe-ſame words in a manner with thoſe uſed in the Oath, is the whole power of Spirituall or Eccleſiaſticall Juriſdiction, for the correction and reformation of all manner of errors and abuſes in matters Eccleſiaſticall: as by the Such juriſdictions, privileges, ſuperiorities and preheminences ſpirituall and eccleſiaſticall, as by any, &c. for the Viſitation of the Eccleſiaſticall State and Perſons, and for reformation, order and correction of the ſame, and of all manner errors, hereſies, ſchiſmes, abuſes, offences, contempts and enormities, ſhall for ever by authority of this preſent Parliament be united and annexed to the Imperiall Crown of this Realme. An Act reſtoring to the Crowne the antient Juriſdiction, &c. 1 Elizab. 1. words of the ſaid Statute more at large appeareth. The Oath affording the Propoſition, and the Statute the Aſſumption, we find no way how to avoyd the Concluſion.

§. IV. Of the Second Article of the Covenant.

FIrſt, it cannot but affect us with ſome griefe and Amazement, to ſee that antient forme of Church-Government, which we heartily (and, as we hope, worthily) honour; as under which our Religion was at firſt ſo orderly, without violence or tumuk, and ſo happily, reformed; and hath ſince ſo long flouriſhed with Truth and Peace, to the honour and happineſſe of our owne, and the envy and admiration of other Nations, not only

1. Endeavoured to be extirpated; without any reaſon offered to our underſtandings, for which it ſhould be thought neceſſary, or but ſo much as expedient ſo to doe. But alſo

2. Ranked with Popery, Superſtition, Hereſie, Schiſme and Prophaneſſe; which we unfainedly profeſſe our ſelves to deteſt as much as any others whatſoever.

3. And that with ſome intimation alſo, as if that Government were ſome way or other ſo contrary to ſound doctrine, or the power of godlineſſe, that whoſoever ſhould not endeavour the extirpation thereof muſt of neceſſſity partake in other mens ſins, which we cannot yet be perſwaded to believe.

4. And we deſire it may be conſidered, in caſe a Covenant of like forme ſhould be tender'd to the Citizens of London, wherein they ſhould be required to ſweare, they would ſincerely, really and conſtantly without reſpect of perſons, endeavour the extirpation of Treaſon, the City Government (by a Lord Major, Aldermen, Sheriffes, Common-Councel and other officers depending thereon) Murther, Adultery, Theft, Coſenage, and whatſoever ſhall be,—&c. leſt they ſhould partake in other mens ſinnes; whether ſuch a tendry could be looked upon by any Citizen that had the leaſt ſpirit of freedome in him as an act of Juſtice, Meekneſſe and Reaſon?

Secondly, for Epiſcopall Government; we are not ſatisfied how we can with a good Conſcience ſweare to endeavour the extirpation thereof, 1. in reſpect of the thing it ſelfe. Concerning which government we thinke we have reaſon to believe,

1. That it is (if not Jure divino in the ſtricteſt ſenſe, that is to ſay, expreſſely commanded by God in his Word, yet) of Apoſtolicall ▪inſtitution, that is to ſay, was eſtabliſhed in the Churches by the Apoſtles, according to the mind and after the example of their Maſter Jeſus Chriſt, and that by virtue of their ordinary power and authority derived from him, as deputed by him Governors of his Church.

2. Or at leaſt, that Epiſcopall Ariſtocracy hath a fairer pretenſion, and may lay a juſter title and claime to a Divine inſtitution then any of the other formes of Church-Government can doe; all which yet do pretend thereunto, viz. that of the Papall Monarchy, that of the Presbyterian Democracy, and that of the Independents by Particular Congregations, or Gathered Churches.

2. But we are aſſured by the undoubted teſtimony of Antient Records and later Hiſtories, that this forme of Government hath beene continued with ſuch an univerſall, uninterrupted, unqueſtioned ſucceſſion in all the Churches of God, and in all Kingdomes that have beene called Chriſtian throughout the whole world for fifteen hundred yeers together; that there never was in all that time any conſiderable oppoſition made there againſt. That of Aërius was the greateſt, wherein yet there was little of conſideration, beſide theſe two things: that it grew at the firſt but out of diſcontent; and gained him at the laſt but the reputation of an Heretique. From which antiquity and continuance, we have juſt cauſe to fear, that to endeavour the extirpation thereof,

1. Would give ſuch advantage to the Papiſts, who uſually object againſt us, and our Religion, the contempt of antiquity, and the love of novelty; that we ſhould not be able to wipe off the aſperſion.

2. Would ſo diminiſh the juſt authority due to the conſentient judgement and practice of the univerſall Church (the beſt interpreter of Scripture in things not clearly expreſt; for Lex currit cum praxi:) that without it we ſhould be at a loſſe in ſundry points both of Faith and Manners, at this day firmely believed and ſecurely practiced by us; when by the Socinians, Anabaptiſts, and other Sectaries we ſhould be called upon for our proofes. As namely ſundry Orthodoxall explications concerning the Trinity and Co-equality of the Perſons in the God-head, againſt the Arians and other Heretiques; the number, uſe and efficacy of Sacraments; the Baptiſing of Infants; Nationall Churches; the obſervation of the Lords-Day; and even the Canon of Scripture it ſelf.

Thirdly, in reſpect of our ſelves; we are not ſatisfied, how it can ſtand with the principles of Juſtice, Ingenuity, and Humanity, to require the extirpation of Epiſcopall Government (unleſſe it had been firſt cleerly demonſtrated to be unlawful) to be ſincerely and really endeavoured, by us,

1. Who have all of us, who have taken any Degree by ſubſcribing the 39. Articles, teſtified our approbation of that Government: one of thoſe 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 entred into the Miniſtery) received Orders from their hands: whom we ſhould very ill requite for laying their hands upon us, if we ſhould now lay to our hands to root them up, and cannot tell for what.

3. Who have ſundry of us, ſince the beginning of this Parliament, ſubſcribed our names to Petitions exhibited or intended to be exhibited to that High Court, for the continuance of that Government. Which as we then did ſincerely and really, ſo we ſhould with like ſincerity and reality, ſtill (not having met with any thing ſince to ſhew us our errour) be ready to doe the ſame again, if we had the ſame hopes we then had of the reception of ſuch Petitions.

4. Who hold ſome of us our livelyhood, either in whole or in part, by thoſe titles of Deanes, Deanes and Chapters, &c. mentioned in the Articles; being members of ſome Collegiate or Cathedrall Churches. And our memories will not readily ſerve us with any example in this kind ſince the world began; wherein any ſtate or profeſſion of men, though convicted (as we are not) of a crime that might deſerve deprivation, were required to bind themſelves by oath, ſincerely and really to endeavour the rooting out of that (in it ſelfe not unlawfull) together wherewith they muſt alſo root out themſelves, their eſtates and livelyhoods.

5. Eſpecially it being uſuall in moſt of the ſaid Churches, that ſuch perſons as are admitted members thereof, have a perſonall Oath adminiſtred unto them, to maintain the honour▪ Immunities, Libertyes, and profits of the ſame; and whilſt they live to ſeeke the good, and not to doe any thing to the hurt, hindrance, or prejudice thereof; or in other words to the like effect.

Fourthly, in reſpect of the Church of England: we are not ſatisfied how we can ſwear to endeavour the extirpation of the eſtabliſhed Government▪ no neceſſity or juſt Cauſe for ſo doing, either offering it ſelfe, or being offered to our underſtandings.

1. Since all change of Government unavoidably bringeth with it, beſides thoſe that are preſent and evident, ſundry other ••• onveniences, which no wit of man can poſſibly fore-ſee to provide againſt, till late experience diſcover them: We cannot be ſure, that the evils which may enſue upon the change of this Government, (which hath been of ſo long continuance in this Kingdome, is ſo deeply roo • ed in the Lawes thereof, and hath ſo neere a conjunction with, and ſo ſtrong an influence upon the Civill State and Government, as that the change thereof muſt infer the neceſſity of a great alteration to be made in the other alſo;) may not be greater then the ſuppoſed evils whatſoever they are, which by this change are ſought to be remedied. For there are not yet any come to our knowledge of that deſperate nature, as not to be capable of other remedy, then the utter extirpation of the whole Government it ſelfe.

2. Whereas the Houſe of Commons have —give advantage to this Malignant party to traduce our Proceedings. They infuſe into the people that we mean to aboliſh all Church-Government—Remonſt. 15. Dec. 1641. Exact Collect. pag. 19. The Lords and Commons doe declare, That they intend a due and neceſſary Reformation of the Government and Liturgie of the Church; and to take away nothing in the one or in the other, but what ſhall be evill, and juſtly offenſive, or at leaſt unneceſſary and burthenſome. Declar. 9. Apr. 1642. Exact Coll. p. 135. remonſtrated, that it was far from their purpoſe or deſire to aboliſh the Church-Government, but rather that all the members of the Church of England ſhould be regulated by ſuch Rules of Order and Diſcipline as are eſtabliſhed by Parl • ament, and that it was Malignancie to infuſe into the people that they had any other meaning: We are loth by conſenting to the ſecond Article to become guilty of ſuch Infuſion, as may bring us within the compaſſe and danger of the fourth Article of this Covenant.

3. Since it hath been declared by ſundry Statut. of Carlile 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 lyeth) cooperate towards the •• ine of this famous Church; which in all conſcience and d • ty we are bound with out utmoſt lawfull power to uphold.

Laſtly, in reſpect of our Obligations to His Majeſty by our Duty and oathes: we are not ſatisfied how we can ſwear to endeavour the extirpation of the Church-Government by Law eſtabliſhed, without forfeiture of thoſe Obligations.

1. Having in the Oath of Supremacie acknowledged the King to be the onely Supreme Governour in all Eccleſiaſticall Cauſes and over all Eccleſiaſticall Perſons; and having bound our ſelves both in that Oath, and by our Proteſtation, To maintain the Kings Honour, Eſtate, Juriſdictions, and all manner of Rights: it is cleare to our underſtandings, that we cannot without diſloyalty and injury to Him, and double Perjury to our ſelves, take upon us without his conſent to make any alteration in the Eccleſiaſticall Lawes or Government, much leſſe to endeavour the extirpation thereof: Unleſſe the impoſers of this Covenant had a power and meaning (which they have openly They infuſe into the people, that we mean—to leave every man to his own fancie—abſolving him of that Obedience which he owes under God unto His Majeſty, whom we know to be entruſted with the Eccleſiaſticall Law, as well as with the Temporall. Exact Collect. ubi ſup. p. 19. diſclaimed) to abſolve us of that Obedience, which under God we owe unto His Majeſty, whom they know to be intruſted with the Eccleſiaſticall Law.

2. We cannot ſincerely and really endeavour the extirpation of this Government, without a ſincere deſire and reall endeavour, that His Majeſty would grant His Royall Aſſent to ſuch extirpation. Which we are ſo far from deſiring and endeavouring, that we hold it our bounden dury by our daily prayers to beg at the hands of Almighty God, that he would not for our ſins ſuffer the King to doe an act ſo prejudiciall to his honour and conſcience, as to conſent to the rooting out of that eſtate, which by ſo many branches of his That he will grant, keep and confirm the Laws, Cuſtomes, and Franchiſes, granted to the Clergie by the glorious King S. Edward. And that he will grant and preſerve unto the Biſhops, and to the Churches committed to their charge, all Canonicall Privileges and due Law and Juſtice; and that he will protect and defend them, as every good King in his Kingdome ought to be Protector and Defender of the Biſhops and the Churches under their Government. Vide Exact Coll. p. 290, 291. Coronation Oath, he hath in ſuch a ſolemne manner ſworn by the aſſiſtance of God to his power to maintain and preſerve.

3. By the Lawes of this Land, See Stat. 25. H. 8. 20. & 1. E. 6. 2. the Collation of Biſhopricks and See Stat. 39. Eliz. 8. Deanries; the Stat. 14. E. 3. 4. & 5. & 17. E. 3. 14 fruits and profits of their Lands and Revenues during their vacancies; the Stat. 26. H. 8. 3. & 1. Eliz. 4. firſt fruits and yearly tenths out of all Eccleſiaſticall Promotions; and ſundry other Privileges, Profits, and Emoluments, ariſing out of the State Eccleſiaſticall, are eſtabliſhed in the Crown, and are a conſiderable part of the Revenues thereof; which, by the extirpation of Prelacy, as it is in the Article expounded, or by ſubſequent practice evidenced, will be ſevered and cut off from the Crown, to the great prejudice and damage thereof. Whereunto, as we ought not in common reaſon, and in order to our Allegiance as Subjects, yeeld our conſent; ſo having ſworn expreſly to maintain the Kings honour and eſtate, and to our power to aſſiſt and defend all Juriſdictions, &c. belonging to His Highneſſe, or united and annexed to the Imperiall Crown of the Realm, we cannot without manifeſt Perjury (as we conceive) conſent thereunto.

4. The Government of this Realm being confeſſedly an Empire or —Supremam poteſtatem & merū imperium apud nos habet Rex. Cambd. Whereas by ſundry divers old authentique Hiſtories & Chronicles it is manifeſtly declared and expreſſed, that this Realm of England is an Empire, and ſo hath been accepted in the w • rld, governed by one Supream Head and King, having the dignity and royall eſtate of the Imperiall Crown of the ſame. Stat. 24. H. 8. 12. See alſo 1 Elizab. 3. Monarchy, and that of a moſt excellent temper and conſtitution: we underſtand not how it can become us to deſire or endeavour the extirpation of that Government in the Church, which we conceive to be incomparably of all other the moſt agreeable, and no way prejudiciall to the ſtate of ſo well a conſtituted Monarchy. In ſo much as King JAMES would often ſay, what his long experience had taught him, No Biſhop, no King. Which Aphoriſme, though we find in ſundry Pamphlets of late yeares to have been exploded with much confidence and ſcorn; yet we muſt profeſſe to have met with very little in the proceedings of the late times, to weaken our belief of it. And we hope we ſhall be the leſſe blamed for our unwillingneſſe to have any actuall concurrence in the extirpating of Epiſcopall Government: ſeeing of ſuch extirpation there is▪ no other uſe imaginable, but either the alienation of their Revenues and Inheritances, (which how it can be ſevered from Sacrilege and Injuſtice we leave others to find out) or to make way for the introducing of ſome other form of Church-Government: which whatſoever it ſhall be, will (as we think) prove either deſtructive of, and inconſiſtent with Monarchicall Government, or at leaſt-wiſe more prejudiciall to the peaceable, orderly, and effectuall exerciſe thereof, then a well-regulated Epiſcopacy can poſſibly be.

§. V. Of the other parts of the Covenant.

HAving inſiſted the more upon the two firſt Articles, that concern Religion and the Church, and wherein our ſelves have a more proper concernment: We ſhall need to inſiſt the leſſe upon thoſe that follow, contenting our ſelves with a few (the moſt obvious) of thoſe many great, and (as we conceive) juſt exceptions, that lye there againſt.

In the third Article, we are not ſatisfied that our endeavour to preſerve and defend the Kings Majeſties Perſon and Authority is ſo limited, as there it is, by that addition, In th • Preſervation and defence of the true Religion, and Libertyes of the Kingdome. Foraſmuch as

1. No ſuch limitation of our duty in that behalf is to be found, either in the Oathes of Supremacy and Alleagiance, (which no Papiſt would refuſe to take with ſuch a limitation) nor in the Proteſtation, nor in the Word of God.

2. Our endeavour to preſerve the Rights and Privileges of Parliaments, and the Libertyes of the Kingdomes, is required to be ſworn of us in the ſame Article without the like or any other limitation added thereunto.

3. Such limitation leaveth the duty of the Subject, at ſo much looſeneſſe, and the ſafety of the King at ſo great uncertainty; that whenſoever the People ſhall have a mind to withdraw their obedience, they cannot want a pretence, from the ſame for ſo doing.

4. After we ſhould, by the very laſt thing we did (viz. ſwea • ing with ſuch a limitation) have made our ſelves guilty of an actuall and reall dimi •• tion (as we conceive) of His Majeſties juſt power and greatneſſe: the obteſtation would ſeem very unſeaſonable (at the leaſt) with the ſame breath to call the world to bear witneſſe with our Conſciences, that we had no thoughts or intentions to diminiſh the ſame.

5. The ſwearing with ſuch a limitation is a Teſtimony of the Subjects Loyaltie (to our ſeeming) of a very ſtrange nature: which, the Principles of their ſeverall Religions ſalved, the Conſcience of a moſt reſolute Papiſt or Sectary may ſecurely ſwallow, and the Conſcience of a good Proteſtant cannot but ſtr • in at.

In the fourth Article,

1. We deſire it may be conſidered, whether the impoſing of the Covenant in this Article do not lay a neceſſity upon the Son, of accuſing his own Father, and purſuing him to deſtruction; in caſe he ſhould be an Incendiary, Malignant, or other evill Inſtrument, ſuch as in the Article is deſcribed. A courſe, which we conceive to be▪contrary to Religion, Nature and Humanity.

2. Whether the ſwearing according to this Article, doth not rather open a ready way, to Children that are ſick of the Father, Husbands that are weary of their Wives, &c. by appealing ſuch, as ſtand between them and their deſires, of Malignancy, the better to effectuate their unlawfull intentions and deſignes.

3. Our ſelves having ſolemnly proteſted to maintain the Liberty of the Subject, and the Houſe of Commons having publiquely declared againſt the exerciſe of an Arbitrary Power, with Order that their ſaid Declaration ſhould be printed and publiſhed in all the Pariſh-Churches and Chappells of the Kindome, there to ſtand and remaine as a teſtimony of the cle • rneſſe of their intentions; whether the ſubjecting of our ſelves and brethren by Oath, unto ſuch puniſhments as ſhall be inflicted upon us (without Law or Merit) at the ſole pleaſure of ſuch uncertaine Judges as ſhall be upon any particular occaſion deputed for that effect, of what mean quality or abilities ſoever they be, even to the taking away of our lives, if they ſhall think it convenient ſo to doe, though the degree of our offences ſhall not require or deſerve the ſame; be not the betraying of our Liberty in the loweſt, and the ſetting up of an Arbitrary Power in the higheſt degree, that can be imagined.

The ſubſtance of the fift Article, being the ſettling and continuance of a firm peace and union between the three Kingdomes, ſince it is our bounden duty to deſire, and according to our ſeverall places and intereſts by all lawfull meanes to endeavour the ſame: we ſhould make no ſcruple at all to enter into a Covenant to that purpoſe, were it not

1. That we doe not ſee, nor therefore can acknowledge the happineſſe of ſuch a bleſſed Peace between the three Kingdomes (for we hope Ireland is not forgotten) as in the Article is mentioned: So long as Ireland is at War within it ſelf, and both the other Kingdomes engaged in that War.

2. That ſince no peace can be firme and well-grounded that is not bottom'd upon Juſtice, the moſt proper and adequate act whereof is, Jus ſuum cui que , to let every one have that which of right belongeth unto him; we cannot conceive how a firm and laſting Peace can be eſtabliſhed in theſe Kingdomes, unleſſe the reſpective Authority, Power, and Liberty of King, Parliament, and Subject, as well every one as other, be preſerved full and entire, according to the known Lawes and continued unqueſtioned cuſtomes of the ſeverall Kingdomes in former times, and before the beginning of theſe ſad diſtractions.

In the ſixth Article we are altogether unſatisfied.

1. The whole Article being grounded upon a ſuppoſition, which hath not yet been evidenced to us, viz. that this Cauſe, meaning thereby (or elſe we underſtand it not) the joyning in this Covenant of mutuall defence for the proſecution of the late War, was the cauſe of Religion, Liberty, and Peace of the Kingdomes; and that it ſo much concerned the Glory of God, and the good of the Kingdomes, and the Honour of the King.

2. If all the Premiſſes were ſo cleare, that we durſt yeeld our free aſſent thereunto, yet were they not ſufficient to warrant to our conſciences what in this Article is required to be ſworn of us; unleſſe we were as clearly ſatisfied concerning the lawfulneſſe of the means to be uſed for the ſupporting of ſuch a Cauſe. For ſince evill may not be done, that good may come thereof; we cannot yet be perſwaded, that the Cauſe of Religion, Liberty, and Peace, may be ſupported; or the Glory of God, the Good of the Kingdomes, and the Honour of the King ſought to be advanced, by ſuch means, as (to our beſt underſtandings) are both improper for thoſe Ends, and deſtitute of all warrant from the Lawes, either of God, or of this Realm.

Laſtly, in the concluſion, our hearts tremble to think, that we ſhould be required to pray that other Chriſtian Churches might be encouraged by our example to joyn in the like Aſſociation and Covenant, to free themſelves from the Antichriſtian yoke, &c. Wherein

1. To omit that we doe not know any Antichriſtian yoke under which we were held in theſe Kingdomes, and from which we owe to this either War or Covenant our freedome: unleſſe by the Antichriſtian yoke be meant Epiſcopall Government, which we hope no man that pretendeth to Truth and Charity will affirm.

2. We doe not yet ſee in the fruits of this Aſſociation or Covenant among our ſelves, any thing ſo lovely asto invite us to deſire (much leſſe to pray) that other Chriſtian Churches ſhould follow our example herein.

3. To pray to the purpoſe in the concluſion of the Covenant expreſſed, ſeemeth to us all one in effect, as to beſeech Almighty God, the God of Love and Peace,

1. To take all Love and Peace out of the hearts of Chriſtians, and to ſet the whole Chriſtian world in a combuſtion.

2. To render the Reformed Religion, and all Proteſtants odious to all the world.

3. To provoke the Princes of Europe to uſe more ſeverity towards thoſe of the Reformed Religion: if not (for their own ſecurity) to root them quite out of their ſeverall Dominions.

4. The tyrannie and yoke of Antichriſt, if laid upon the necks of Subjects by their lawfull Soveraigns, is to be thrown off by Chriſtian boldnes in confeſſing the Truth, and Patient ſuffering for it; not by taking up Arms, or violent reſiſtance of the Higher Powers.

§. VI. Some Conſiderations concerning the meaning of the Covenant.

OUr aforeſaid ſcruples are much ſtrengthned by theſe enſuing Conſiderations.

Firſt that whereas no Oath, which is contradictory to it ſelfe, can be taken without Perjury; becauſe the one part of every contradiction muſt needs be falſe: this Covenant either indeed containeth, or at leaſtwiſe (which to the point of conſcience is not much leſſe effectuall) ſeemeth to us to contain ſundry Contradictions: as namely, amongſt others, theſe:

1. To preſerve as it is, without change, and yet to reforme and alter, and not to preſerve, one and the ſame Reformed Religion.

2. Abſolutely and without exception to preſerve; and yet upon ſuppoſition to extirpate the ſelf-ſame thing, viz. the preſent Religion of the Church of Scotland.

3. To reform Church-Government eſtabliſhed in England and Ireland, according to the Word of God: and yet to extirpate that Government which we are perſwaded to be according thereunto, for the introducing of another whereof we are not ſo perſwaded.

4. To endeavour really the extirpation of Hereſies, Schiſmes and Profaneneſſe; and yet withall to extirpate that Government in the Church, the want of the due exerciſe whereof we conceive to have been one chief cauſe of the growth of the ſaid evils; and doe beleeve the reſtoring and continuance thereof would be the moſt proper and effectuall remedy.

5. To preſerve with our eſtates and lives, the liberties of the Kingdome; that is, (as in the Proteſtation is explained) of the Subject; and yet contrary to theſe liberties, to ſubmit to the impoſition of this Covenant, and of the Negative Oath not yet eſtabliſhed by Law: and to put our lives and eſtates under the arbitrary power of ſuch as may take away both from us when they pleaſe, not onely without, but even againſt Law, if they ſhall judge it convenient ſo to doe.

Secondly, we find in the Covenant, ſundry expreſſions of dark or doubtfull conſtruction: Whereunto we cannot ſweare in judgement, till their ſenſe be cleared and agreed upon. As, Who are the Common Enemies? and which be the beſt Reformed Churches? mentioned in the firſt Article. Who (in the fourth Article) are to be accounted Malignants? How far that phraſe of hindring Reformation may be extended? What is meant by the ſupreme Judicatory of both Kingdomes? and ſundry other.

Thirdly, by the uſe that hath been made of this Covenant, (ſometimes to purpoſes of dangerous conſequence) we are brought into ſome fears and jealouſies, leſt by taking the ſame we ſhould caſt our ſelves into more ſnares then we are yet aware of. For in the firſt Article,

1. Whereas we are to endeavour the Reformation of Religion in this Kingdome, in Doctrine, Worſhip, Diſcipline, and Government, according to the Word of God, and the example of the beſt Reformed Churches:

1. The Reformation in Worſhip (whereby we could not ſuppoſe any more was intended (according to their former The Lords & Commons doe declare, That they intend a due and neceſſary Reformation of the Liturgie of the Church; and to take away nothing therein but what ſhall be evill, and juſtly offenſive, or at leaſt unneceſſary and burthenſome. Declarat. 9. Apr. 1642. Exact Coll. pag. 135. Declaration) then a review of the Service-book, that the tranſlations might be in ſome places amended, ſome alterations made in the Offices and Rubricks; or at moſt ſome of the Ceremonies laid aſide for the reaſons of expediency and condeſcenſion) hath produced an utter abolition of the whole form eſtabliſhed: without ſubſtituting any other certain form in the room thereof.

2. The Reformation in point of Diſcipline and Government intended (ſo far as by the overtures hitherto made we are able to judge) is ſuch, as we conceive not to be according to the Word of God, nor (for any thing we know) according to the example of any Church that ever was in the world (beſt or worſt) ſince the Creation.

2. In the ſecond Article, our griefe and fears had been leſſe, if we could have obſerved the extirpation of Popery, Hereſie, Schiſme, and Profaneneſſe, to have been as really intended, and ſet on with as much ſpeed and animoſity, as the extirpation of Prelacy, and that which ſome call Superſtition. But when we ſee, under the notions of rooting out Prelacy and Superſtition, ſo much quickneſſe uſed to fetch in the Revenues of the Church, and the ſacred Utenſils, (no otherwiſe guilty of Superſtition, for ought we know, then that they are worth ſomething) and on the other ſide, ſo little yet done toward the extirpation of Hereſie, Schiſme, and Profaneneſſe, (as things of leſſe temporall advantage.) We cannot diſſemble our ſuſpicion, that the deſigners of this Covenant might have ſomething elſe before their eyes beſides what in the begining of the Introduction is expreſſed; and that there is ſomething meant in this Article, that looketh ſo like Sacrilege, that we are afraid to venture thereon.

3. In the third Article

1. Although we ſhould not otherwiſe have apprehended any matter of danger or moment in the ordering of the particulars, in the Article mentioned: yet ſince M. Challoner in his Speech, and others have made advantage thereof to infer from that very order, that the defence of the Kings Perſon and Authority ought to be with ſubordination to the preſervation of the Rights and Privileges of Parliaments, and the Liberties of the Kingdome, which are in the firſt place, (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 Kings Perſon, Honour and Eſtate in the firſt place, and the reſt but ſubordinately thereunto; becauſe they are ſo ordered in the Proteſtation: And then, that Proteſtation having the advantage of preceding, it will bind us more ſtrongly, as being the firſt obligation.

2. Whereas ſome have been the rather induced to take the Covenant in this particular by being told, that that limitation, in the preſervation and defence of the true Religion and Liberties of the Kingdomes was not to be underſtood excluſively: yet when we finde that the Houſe of Commons in their anſwer to the Scottiſh Papers, doe We obſerve you mention the defence of the King twice from the Covenant, yet in both places leave out In the preſervation and, &c. pag. 39. & 46. a maine clauſe, without which the other part ought never to be mentioned. pag. 56. often preſſe that limitation, as without which the endeavouring to preſerve the Kings Majeſties Perſon and Authority ought not to be mentioned; it cannot but deter us from taking the Covenant in this particular ſo underſtood.

3. Eſpecially being told in a late pamphlet, that the King not having preſerved the Liberties of the Kingdome, &c. as of duty he ought, is thereby become a Tyrant, and ſo ceaſeth to be a King, and conſequently that his ſubjects ceaſe to be Subjects, and owe him no longer ſubjection. Which aſſertion, ſince we heartily deteſt, as falſe and ſcandalous in the ſuppoſition, and in the inference ſeditious and diveliſh; we dare not by ſubſcribing this Article ſeeme to give the leaſt countenance thereunto.

4. But it ſtriketh us with horror to think what uſe hath been made of this fourth Article; concerning the puniſhment of Malignants, &c. as by others otherwayes; ſo eſpecially by the Corrector of a ſpeech without dores, written in the defence of M. Challoners Speech: Who is ſo bold as to tell the Parliament, that they are bound by their Covenant▪ (for the bringing of evill inſtruments to condigne puniſhment) to deſtroy the King and his Poſterity; and that they cannot juſtifie the taking away of Straffords and Canterburies lives for Delinquency, whilſt they ſuffer the cheif Delinquent to goe unpuniſhed.

§. VII. Of the Salvo's.

THe Salvo's that we have uſually met withall, for the avoyding of the aforeſaid ſcruples, either concerning the whole Covenant, or ſome particulars therein of ſpeciall importance: We find upon examination to be no way ſatisfactory to our Conſciences.

The firſt is that we may take the Covenant in our own ſenſe: but this (in a matter of this nature, viz. an impoſed promiſory Oath, in the performance whereof others alſo are preſumed to be concerned) ſeemeth to be

1. Contrary to the Nature and end of an Oath, which unleſſe it be full of ſimplicity, cannot be Sworn in Truth and Righteouſneſſe, nor ſerve to the ending of controverſies and contradictions, which was the uſe for which it was inſtituted, Heb. 6.

2. Contrary to the end of Speech: God having given us the uſe of Speech for this end, that it might be the interpreter of the minde; it behoveth us as in all other our dealings and contracts, ſo eſpecially where there is the intervention of an Oath, ſo to ſpeak as that they, whom it concerneth, may clearly underſtand our meaning by our words.

3. Contrary to the end of the Covenant it ſelf. Which being the confirmation of a firm union among the Covenanters, that by taking thereof they might have mutuall aſſurance of mutuall aſſiſtance & defence: If one may be allowed to take it in one ſenſe, & another in a contrary; the Covenanters ſhall have no more aſſurance of mutuall aſſiſtance each from other after the taking of the Covenant, then they had before.

4. Contrary to the Solemne profeſſion made by each Covevanter (in expreſſe termes in the concluſion thereof) in the preſence of Almighty God, the ſearcher of all hearts, that he taketh it with a true intention to perform the ſame, as he ſhall anſwer it at the great day.

2 This will bring a ſcandall upon our Religion,

1. That we practice that our ſelves, which we condemne in the Papiſt, viz. Swearing with Jeſuiticall equivocations and mentall reſervations.

2. That we take the glorious and dreadfull Name of God in vaine; and play faſt and looſe with Oathes: in as much as what we ſwear to day in one ſenſe, we may ſwear the direct contrary to morrow in another. And

3. It will give ſtrength to that charge which is layd to the Presbyterian party, in ſpeciall, both 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 Jeſuites and Invent Oathes and Covenants for the Kingdome, diſpence with them when he pleaſeth, ſweare and forſweare as the wind turneth, like a godly Presbyter. Arraig. of Perſec. in Epiſt. Ded. Sectaries; that there is no faith to be given to Proteſtants, whatever they ſwear; becauſe they may ſwear one thing in their Words, and in their own ſenſe mean another.

The ſecond way is, to take the Covenant with theſe or the like generall Salvo's expreſſ • d, viz. So far as lawfully I may; So far as it is agreeable to the Word of God, and the Lawes of the Land; Saving all Oathes by me formerly taken, &c. But

1. We beleeve this mocking of God would be ſo far from freeing us from the guilt of Perjury, that thereby we ſhould rather contract a new guilt of moſt vile and abominable Hypocriſie.

2 It ſeemeth all one unto us (the thing being otherwiſe ſuppoſed unlawfull) as if we ſhould ſwear to kill, ſteal, commit adultery, or forſwear our ſelves, ſo far as lawfully we may.

3. If this would ſatisfie the Conſcience, we might with a good Conſcience not only take the preſent Covenant, but even ſubſcribe to the Councell of Trent alſo; yea, and to the Turkiſh Alcoran; and ſwear to maintain and defend either of them, viz. ſo far as lawfully we may, or as they are agreable to the Word of God.

Thirdly, for the ſecond Article in particular, in the branch concerning the extirpation of Church-Government, we are told that it is to be underſtood of the whole Government, taken collectively and in ſenſu compoſito, ſo as if we doe endeavour but the taking away of Apparitors only, or of any other one kind of inferiour officers belonging to the Eccleſiaſtcall Hierarchy, we ſhall have ſufficiently diſcharged our whole promiſe in that particular without any prejudice done to Epiſcopacy. But

1. Neither the compoſers of the Covenant by their words, nor the impoſers of it by their Actions, have given us the leaſt ſignification that they meant no more.

2. Yea rather, if we may judge either by the cauſe or the effects, we may well think there was a meaning to extirpate the whole government, and every part thereof in the Article expreſſed. For

1. The Covenant being (as we have no cauſe to doubt) framed at the inſtance of the Scots and for the eaſier procuring of their aſſiſtance in the late War, was therefore in all reaſon ſo to be framed and underſtood as to give them ſatisfaction, & (conſidering what themſelves have By the Covenant, both Houſes of Parliament, & many thouſands of other His Majeſties Subjects of England and Ireland ſtand bound as well as we to hinder the ſetting up of the Church-Government by Biſhops in the Kingdome of Scotland: And that we as well as they ſtand bound to endeavour the extirpation thereof in England and Ireland. Scots Declar. to the States of the United Provinces, 5. Aug. 1645. recited in Anſwer to the Scots Papers, pag. 23. declared) againſt Epiſcopacy, we have little reaſon to beleeve the taking away Apparitors, or any thing, leſſe then the rooting out of Epiſcopacy it ſelf, would have ſatisfied them.

2. The proceedings alſo ſince the entring of this Covenant in endeavouring by Ordinance of Parliament to take away the Name, Power, and Revenues of Biſhops doe ſadly give us to underſtand, what was their meaning therein.

Fourthly, as to the ſcruples that ariſe from the Soveraignty of the King, and the duty of Allegiance as Subjects; we find two ſeverall wayes of anſwering, but little ſatisfaction in either.

1. The former, by ſaying (which ſeemeth to us a piece of unreaſonable and ſtrange Divinity) that Protection and Subjection ſtanding in relation either to other, the King being now diſabled to give us protection, we are thereby freed from our bond of ſubjection. Whereas

1. The Subjects obligation (Jus ſubjectionis) doth not ſpring from, nor relate unto the actuall exerciſe of Kingly protection; but from and unto the Princes obligation to protect (Jus Protectionis.) Which obligation lying upon him as a duty which he is bound in conſcience to performe, when it is in his power ſo to doe; the relative obligation thereunto lyeth upon us as a duty which we are bound in conſcience to performe, when it is in our power ſo to doe. His inability therefore to performe his duty doth not diſcharge us from the neceſſity of performing ours, ſo long as we are able to doe it.

2. If the King ſhould not protect us, but neglect his part, though having power and ability to perform it; his voluntary neglect ought not to free us from the faithfull performance of what is to be done on our part. How much leſſe then ought we to think our ſelves diſ-obliged from our ſubjection, when the Non-protection on his part is not from the want of will, but of power?

2. The later (wherein yet ſome have triumphed) by ſaying that the Parliament being the ſupreme Judicatory of the Kingdome, the King, whereſoever in perſon, is ever preſent there in his power, as in all other Courts of Juſtice: and that therefore whatſoever is done by them, is not done without the King, but by him. But craving pardon firſt, if in things without our proper ſphere we hap to ſpeak unproperly or amiſſe; We muſt next crave leave to be ſtill of the ſame mind we were, till it ſhall be made evident to our underſtandings, that the King is there in his power, as it is evident to our ſenſes that he is not there in his Perſon: Which ſo far as our naturall reaſon and ſmall experience will ſerve us to judge, all that hath been ſaid to that purpoſe can never doe.

For, firſt, to the point of preſence:

1. We have been brought up in a beliefe that for the making of Lawes the actuall

The old formes of Acts of Parliam. were, The King willeth, provideth, ordaineth, eſtabliſheth, granteth, &c. by the aſſent of Parliament, &c. See Statutes till 1 H. 4. After that, The King, of the aſſent of the Lords Spirituall and Temporall, and at the ſpeciall inſtance and requeſt of the Commons of this Realm, hath ordained, &c. See Statutes 1 H. 4. till 1 H. 7. A forme of ſuch Petition of the Commons, ſee 1 R. 3. 6. Prayen the Commons in this preſent Parliament aſſembled, that where, &c. Pleaſe it therefore your Highneſſe, by the advice and aſſent of the Lords Spirituall and Temporall in this your preſent Parliament aſſembled, and by the authority of the ſame, to ordaine, &c.

No Bill is an Act of Parliament, Ordinance, or Edict of Law, although both the Houſes agree unanimouſly in it, till it hath the Royall Aſſent. Ancient Cuſtomes, pag. 54.

Aſſemblee de ceux troys Eſtats eſt appellee un Act de Parliament: car ſans touts troys neſt aſcun Act de Parl. Finch Nomotech. fol. 21.

We admit that no Acts of Parliament are complete, or formally binding without the Kings aſſent. H. P. Anſwer to David Jenkins, pag. 6.

Royall aſſent was ſimply neceſſary, and not onely a virtuall aſſent ſuppoſed to be included in the Votes of the two Houſes: otherwiſe, what uſe can be made of his Negative voice? or what need to —Which if your Majeſty ſhall be pleaſed to adorne with your Majeſties Royall aſſent, (without which it can neither be complete and perfect, nor—) Stat. 1. Jac. 1. deſire his Royall aſſent, to that which may be done as well without it?

2. The Stat. 33. H. 1. 21. Statute, providing that the Kings aſſent to any Bill ſignified under his great Seal ſhall be to all intents of Law as valid & effectual, as if he were perſonally preſent, doth clearly import that as to the effect of making a Law, the Kings Power is not otherwiſe really preſent with the two Houſes, then it appeareth either in his Perſon or under his Seal: Any other real preſence is to us a riddle, not much unlike to that of Tranſubſtantiation: an imaginary thing, rather deviſed to ſerve turnes, then believed by thoſe that are content to make uſe of it.

3. Such preſence of the King there, when it ſhall be made appeare to us either from the writs, whereby the Members of both Houſes are called together, or by the ſtanding Lawes of the Land, or by the acknowledged judgement, and continued practice of former and later ages, or by any expreſſe from the King himſelf, clearly declaring his minde to that purpoſe, we ſhall then as becometh us, acknowledge the ſame, and willingly ſubmit thereunto.

And as for the Argument drawn from the Analogie of other Courts, wherein the Kings Power is alwayes ſuppoſed to be virtually preſent, under ſubmiſſion we conceive it is of no conſequence.

1. The Arguments à minore and ȧ majore are ſubject to many fallacies; and unleſſe there be a parity of reaſon in every requiſite reſpect between the things compared, will not hold good: A Pety Conſtable (they ſay) may doe ſomething which a Juſtice of Peace cannot doe: And the Steward of a pety Mannour hath power to adminſter an Oath, which (as we are told) the Houſe of Commons it ſelf hath no power to doe.

2. That the high Court of Parliament is the ſupream Judicatory, we have been told it is by vertue of the Kings right of preſiding there, he being 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 Supream Judge, and the Members of both Houſes his Councell: Which being ſo, the reaſon of difference is plaine between that and other Judicatories in ſundry reſpects.

1. The Judges in other Courts are deputed by him, and doe all in his name, and by his authority; and therefore the preſence of his power in thoſe Courts of miniſteriall Juriſdiction is ſufficient, his perſonall preſence not neceſſary, neither hath he any perſonall vote therein at all. But in the high Court of Parliament, where the King himſelf is the Supreme Judge, judging in his own name and by his own authority, his Power cannot be preſumed to be really preſent without either the actuall preſence of his perſon, or ſome virtuall repreſentation thereof ſignified under his great Seal.

2. The Judges in inferiour Courts, becauſe they are to act all in his name, and by his Authority, doe therefore take Oathes of fidelity for the right exerciſing of Judicature in their ſeverall places; ſitting there, not by any proper intereſt of their owne, but only in right of the King, whoſe Judges they are, and therefore they are called the Kings Judges and his Miniſters. But in the high Court of Parliament, the Lords and Commons ſit there in Councell with the King as Supreme Judge for the good of the whole Realm; and therefore they are not called the Kings Judges, but the Kings Councell: and they have their ſeverall proper rights and intereſts peculiar and diſtinct both between themſelves, & from that of the Kings; by reaſon whereof they become diſtinct For in our Lawes, the Clergie, Nobility, & Communalty are the 3. Eſtates.—We your ſaid moſt loving, faithfull, and obedient Subjects, (viz. the Lords Spirituall and Temporall, and the Commons) repreſenting your Three Eſtates of your Realme of England, 1 Eliz. 3.—the State of the Clergie being one of the greateſt States of this Realme. 8 Eliz. 1. Orders, or, as of late times they have been ſtiled (in this ſenſe as we conceive) 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 Kingdome: The ſafety and proſperity of the whole conſiſting in the conſervation of the juſt rights and proper intereſts of the maine parts, viz. The King, Lords, and Commons, inviolate and entire.

3. The Judges of other Courts, for as much as their power is but miniſteriall and meerly Judiciall▪ are bounded by the preſent Lawes, and limited alſo by their owne Acts: ſo as they may neither ſwerve from the Laws, in giving Judgement, nor reverſe their owne Judgements after they are given. But the High Court of Parliament, having (by reaſon of the Kings Supreme Power preſiding therein) a Power Legiſlative as well as Judiciall, are not ſo limited by any earthly Power, but that they may change and over-rule the Lawes, and their own Acts at their pleaſure. The Kings Perſonall aſſent therefore is not needfull in thoſe other Courts, which are bounded by thoſe Lawes whereunto the King hath already given his perſonall aſſent: but unto any Act of Power beſide, beyond, above, or againſt the Lawes already eſtabliſhed, we have been informed, and it ſeems to us very agreeable to reaſon, that the Kings Perſonall Aſſent ſhould be abſolutely neceſſary: Foraſmuch as every ſuch Act is the exerciſe of a Legiſlative rather then of a Judiciall power; and no Act of Legiſlative power in any Community (by conſent of all Nations) can be valid, unleſſe it be confirmed by ſuch perſon or perſons as the Soveraignty of that Community reſideth in. Which Soveraignty, with us, ſo undoubtedly reſideth in the perſon of the King, that his ordinary ſtyle runneth,—Our

The Crown of England hath been ſo free at all times, that it hath been in no earthly ſubjection, but immediately to God in all things touching the Regality of the ſaid Crowne.—16 R. 2. 5. Omnis ſub eo eſt, & ipſe ſub nullo, niſi tantùm ſub Deo. Parem autem non habet Rex in regno ſuo, quia—Item nec multò fortiùs ſuperiorem aut potentiorem habere debet, quia ſic eſſet inferior ſuis ſubjectis. Bracton. conten. 1. Rubr. 36.

—Cui 〈 in non-Latin alphabet 〉 , legibus ipſis legum vim imponendi poteſtatem Deus dedit. Finch Nomotech. in Epiſt. Dedic. to K. James.

Soveraign Lord the King: And he is in the Oath of Supremacie expreſly acknowledged to be the onely Supreme Governour within his Realmes. And we leave it to the wiſdome of others to conſider, what miſery and miſchief might come to the Kingdome, if the power of any of theſe three Eſtates ſhould be ſwallowed up by any one or both the other, and if then under the name of a Judiciall there ſhould be yee really exerciſed a Legiſlative power.

4. Since all Judiciall Power is radically and originally in the King, (who is for that cauſe ſtyled by the Lawes Fon • Juſtitiae. Bracton. By War to intend the alteration of the Lawes in any part of them, is to levy War againſt the King, and conſequently Treaſon by the Statute of 25 E. 3.—becauſe they are the Kings Lawes. He is the fountaine from whence in their ſeverall channels they are derived to the Subject. Maſter Saint John's Speech concerning the Earle of Strafford, page 12. The Fountaine of Juſtice) and not in any other Perſon or Perſons, but by derivation from him: it ſeemeth to us evident, that neither the Judges of inferiour Courts of miniſteriall Juſtice, nor the Lords and Commons aſſembled in the High Court of Parliament, may of right exerciſe any other power over the Subjects of this Realm, then ſuch as by their reſpective Patents and Writs iſſued from the King, or by the known eſtabliſhed Laws of the Land formerly aſſented unto by the Kings of this Realm doth appear to have been from him derived unto them. Which Lawes, Patents and Writs being the exact boundary of their ſeverall Powers, it hath not yet been made appeare to our underſtandings, either from the Lawes of the Realme, or from the tenour of thoſe Writs by which the Parliament is called, that the two Houſes of Parliament have any power without the King to order, command, or tranſact; but with him —Et ibidem vobiſcum colloquium habere, tractare ſuper dictis negotiis tract: veſtrum que conſilium impenſur: Writ to the Lords. to treat, conſult, and adviſe concerning the great affairs of the Kingdome. In which reſpect they have ſundry times in their Declarations to His Majeſty called themſelves by the name of His great Councell. And thoſe Lawes and Writs are (as we conceive) the proper Topick, from which the juſt power of the Honourable Houſes can be convincingly deduced: and not ſuch fraile Collections as the wits of men may raiſe from ſeeming Analogies and Proportions.

§ VIII. Of the Negative Oath.

WE are not ſatisfied, how we can ſubmit to the taking of the Negative Oath,

1. Without forfeiture of that liberty, which we have ſworne and are bound to preſerve. With which liberty we conceive it to be inconſiſtent, that any obligation ſhould be laid upon the Subject, by an oath not eſtabliſhed by Act of Parliament.

2, Without abjuring our 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. naturall Allegiance, and violating the Oathes of Supremacy and Allegiance by us formerly taken. By all which being bound to our power to aſſiſt the King, we are by this Negative Oath required to ſwear, from our heart, not to aſſiſt him.

3. Without diminution of His Majeſties juſt Power and greatneſſe, contrary to the third Article of the Covenant; by acknowledging a power in the two Houſes of Parliament, in oppoſition to the Kings Power. Whereas we profeſſe our ſelves unable to underſtand, how there can be any lawfull power exerciſed within this Realme, which is not ſubordinate to the power of the King.

§. IX. Of the Ordinances conc • rning the Diſcipline and Directory.

FIrſt, concerning them all together; we are not ſatisfied how we can ſubmit to ſuch Ordinances of the two Houſes of Parliament not having the Royall Aſſent,

1. As are▪contrary to the eſtabliſhed Lawes of this Realm contained in ſuch Acts of Parliament as were made by the joynt conſent of King, Lords, and Commons.

2. Nor ſo onely, but alſo pretend by repeal to abrogate ſuch Act or Acts. For, ſince Ejuſdem eſt poteſtati • deſtruere cujus eſt conſtituere, it will not ſink with us, that a leſſer power can have a juſt right to cancell and annull the Act of a greater.

Stat. 1. El. 1. 3. Eſpecially the whole power of ordering all matters Eccleſiaſticall being by the Lawes in expreſſe words for ever annexed to the Imperiall Crown of this Realm. And upon what head that Crown ought to ſtand, none can be ignorant.

As to the particular Ordinances: thoſe that concern the Diſcipline, firſt.

1. If under that title be comprehended the Government alſo: we cannot ſubmit thereunto▪ without conſenting to the eradication of a Government of reverend Antiquity in the Church. Which (notwithſtanding the ſeverall changes of Religion within this Realm) hath yet from time to time been continued and confirmed • y the Pu • lique Laws and Great Charters of the Kingdome: then which there cannot be a more ample teſtimony that it was ever held agreeable to the Civill Government and the Su • jects liberty. Which alſo the ſucceſſive Kings of this Realme at their ſeverall Coronations have ſolemnly ſworn to preſerve. And the continuance whereof for ſundry reaſons before (upon the ſecond Article of the Covenant) ſpecified, we heartily wiſh and deſire.

2. But if the word Diſcipline be taken (as it is in the firſt Article of the Covenant) as contradiſtinguiſhed unto the Government: there is ſomething even in that alſo, wherein we are not fully ſatisfied, viz. the leaving of ſo much power in ſo many perſons, and thoſe, many of them of meane quality, for the keeping back of thouſands of well-meaning Chriſtians from the benefit and comfort of the bleſſed Sacrament. An Auſterity, for which there appeareth not to us any probable warrant from the Word of God: B •• which ſeemeth rather repugnant, as to the generall principles of Chriſtian prudence and charity, ſo to the directions and practice of S. Paul in particular; who in a Church abounding with ſundry 1 Cor. 5. 1. &c. errors and corruptions both in faith and manners, (having firſt given order for the excommunicating of one onely perſon that by ſhameleſſe continuance in a notorious ſinne had brought a foule ſcandall upon the Goſpell) ſufficing himſelf then with a generall propoſall of the great danger of unworthy communicating, remitteth every other particular perſon to a ſelfe-examination; without any order either to 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 Lawes) conſent to the taking away of the Book of Common-Prayer.

1. Which by our Subſcriptions moſt of us have approved: with a ſolemne promiſe therewithall▪ in the publique Service to uſe the forme preſcribed therein, and no other.

2. Which, according to our ſaid Subſcription and Promiſe, and our bounden duty according to the Statute in that 1 Eliz. caſe provided, we have hitherto uſed in our Churches, Chappels, and other Oratories, to the great benefit and comfort of our ſoules.

3. Which we verily beleeve not to contain any thing which (with ſuch favourable conſtruction as of right ought to be allowed to all manner of Writings) is not juſtly defenſible; which hath not been by learned and godly men ſufficiently maintained againſt ſuch exceptions as haue been heretofore taken thereat; and which we are not confident (by the Aſſiſtance of Almighty God) we ſhall be able to juſtifi • (as occaſion ſhall be offered) againſt all Papiſts, and other oppugners or depravers thereof whatſoever.

4. Which is eſtabliſhed by an Act of Parliament, made (in peaceable times) by as good and full authority as any under heaven can have over us. Which doth ſo weigh with us, that as it freeth us from the neceſſity of giving in any particular exceptions againſt the Directory or any thing therein contained: ſo it layeth an inevitable neceſſity upon us of continuing the forme of Prayer therein enjoyned, & of not admitting any Directory or other forme to the prejudice thereof, till the ſaid Act ſhall by the like good and full authority be repealed.

In which Statute there is not onely an expreſſe Command given to all Miniſters for the uſing of the ſame; but there are alſo ſanctions of ſevere puniſhments to be inflicted upon ſuch of them as ſhall refuſe ſo to doe; or ſhall preach, declare or ſpeak any thing to the derogation or depraving of the Book of Common Prayer, or of any thing therein contained, or of any part thereof: with puniſhments alſo to be inflicted upon every other perſon whatſoever (the Lords of the Parliament not excepted) that ſhall in like manner declare or ſpeak againſt the ſaid Book; or ſhall by deed or threatning compell or otherwiſe procure or maintain any Miniſter to ſay open Prayer, or to miniſter any Sacrament in any other manner or forme then is mentioned in the ſaid Book; or ſhall interrupt or hinder any Miniſter in the uſe of the ſaid formes, as by the words of the ſaid Statute more at large may appeare.

Which Statute alſo hath had ſuch an univerſall powerfull influence into the ſucceeding times, that in all ſuch 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 Common-Prayer, or to receive the Sacrament according to the formes and rites mentioned in that Book, is expreſſed as the moſt proper legall character, whereby to diſtinguiſh a Popiſh Recuſant from a true Proteſtant. In ſo much that uſe hath been made of that very Character in ſundry Acts, ſince the beginning of this preſent Parliament for the taxing of double payments upon Recuſants.

THus have we clearly and freely repreſented our preſent judgement concerning the ſaid Covenant, Negative Oath, and Ordinances; which upon better information in any particular, we ſhall be ready to rectifie. Onely we deſire it may be conſidered, that if any one ſingle ſcruple or reaſon in any the premiſſes remaine unſatisfied, (though we ſhould receive full ſatisfaction in all the reſt) the Conſcience would alſo remain ſtill unſatisfied. And in that caſe, it can neither be reaſonable for them that cannot ſatisfie us to preſſe us, nor lawfull for us that cannot be ſatisfied to ſubmit to the ſaid Covenant, Oath and Ordinances.