Baxter - BX5207 B3 A2 1696

The LIFE of the Part III. § 22. Dr. Bates wrote me prefently the following Letter, which becaufe it fheweth the Truth of their Cafe and Inducements, I think meet here to add; the rather, becaufe when they took the Oath, the Lord-Keeper left out the Word [only.] And Judge Keeling openly told them, That he was glad that fo many of them renounced the Covenant, with more fuch like; which made Mr. Clarke openly tell him, That they took this Oath only in furls a Senfe as they conceivedto be not incontinent with the Covenant: And becaufe the People in London reviled the Mi- nifters as Turn-Coats when they had done ; which Infultings and Revilings much grieved fome of them. Dr. Bates's Letter of their Cafe about the Oath. Dear Sir, fudge it due to our Friendfhip, andneceffary for my Fame, to giveyou an account of 1 what pall amongfl us inReference to the Oath. InfeveralMeetings ofthe Minifters, the pedal Enquiry was about the meaning of the WordEndeavour, Whether to be un- derftood in the univerfal Extent, fo as to exclude all Regular, or only tumultuous andfedi- tinas Alfings. The Reafons whichperfuaded us to underftand it in a qualified Senft, were I. The Preface to the All, which declares, the eccaf on and the end of the Oath, was to prevent the diflilling the PoifonofSchifmandRebellion; now it is aknownRule, ratio juris eft jus ; fromwhence it appears, That only Schifntatical and Rebellious Endeavours are ex- cluded, to avoidwhich, there was an antecedent Obligation. 2. It is neceffary to interpret this Oath in congruity with former Lams ; in particular, with that which concerns tumul- tuous Petitions wherein this Parliament declares it to be thepriviledge ofthe Subjefl to com- plain, remonftrate Petition to King or Parliament, or to advife with any Member ofPar- liament, for the altering ofany thing amifs in the Government ofChurch or State, Efta- blamed by Law. If Endeavour be taken in its Latitude, it is a perfell contradillion to this Law. 3. The Teflimonies ofeveral Membersof both Houfes, who affuredus that in the Debate, this was the declaredSenfe of the Parliament. SirHeneageFinch toldme the intention ofit was only to have fecurity fromus, without any refpelt to our judgmentscon- cerning the Government, that we would not difturb the Peace, and that it was impofdat this Seaton, en regard of our Warr with France and Holland.. He added, it was a teffera of our Loyalty, and thofe who refufed it, wouldbe looked on as Perlin referving themfelves for an Opportunity. My Lord Chamberlain laid, the Bops ofCanterbury and Winchefter declared, it only excluded Seditious Endeavours ; and upon hisurging that it might be exprefTed, the ArchBifhop replyed, It fhould be added ; the Kingbeing to come at Two of the Clock, it could not,with that Explication bePent own to the Houle of Commons,and returned up again within that time. The Bop ofExeter toldDr.Tillotfon, That thefirft Draughtof this Oath was in Terms aRenunciation of Covenant; but it was anfwered, they have fuffered for that already, and that the Minifters would not recede, it was therefore rcafonable to requirefecurity in filch Words, as might nottouch the Cove- nant. 4. The concurrent Opinion of the fudges, who are the Authorized Interpretersof Law, who declared that only tumultuous and feditious Endeavours are meant. fudge Bridgman, Twifden, Brown, Archer, Windham, Atkins, who were at London, had agreed in this Senfe. Some ofthe Minifters were not fatisfied, becaufe the Opinion of a fudge 'in his Chamber was nojudicial Alt; but if it were declared upon the Bench, it mould much refilve their Doubts. I addreffed my Self tomy Lord Bridgman, andurged him that fence it was a Matter ofConfcience, and the Oaths were to be taken in thegreateft' fmplicity, he wouldfincerey give me his Opinionabout it. Heprofeffed to me, that the Senf of the Oath was, only to exclude feditious and tumultuous Endeavours, andfaid, he would go to the SeJfons, and declare it in the Court. He wrote down the Words be intended to /peak, and upon my declaring, that ifhe did not expref that [only feditious Endeavours] were meant, I could.not take theOath: he put in the Paper (beforeme) that word, and told me, that fudge Keeling was ofhis Mind, andwould be there, and be kind tit us. The Minifters efteemed this the moltpublick Satisfaction for Confcience and Fame, andfevered ofthem agreed togo to the SeJfioni, and take the Oath, that hereby, ifpo]jble, they

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