Chap. IX. T!Je HIS T 0 RY of the p ·uRIT ANS. 299 " to the folemn profeffion at the conclulion of it (viz.) that we {hall take K. Charles I. ·' it with a true intention to perform the fame, a1 we jhall anjwer it to the ~ "Jearchcr if all heart1 at the great day. Befides this would be jifzti- " tical ; it would be taking the name of God in vain ; and it would " ftrengthen the objeCtion of thofe who fay, there is no faith to be given " to proteftants. . ( 2 .) "It has been faid, we may take the covenant with the Calvoes ex- Salvo II. " preifed, fo far m lawfully I may, fo far as it is agreeable to the ~vord if " God, and the laws if the land, Javing all oaths by meformerly taken, &c. " .which is no better than vile hypocrify; for by the fame rule one might " fubfcribe to the council of Trent, or the turkiG1 alcoran. (3.) " l t is fa id, that ~ve may take the covenant in our preftnt circumjlan- Salvo III. " ces, notwithjlanding our allegiance to the king, becaufe proteClion andjub- " jeflion are relatives, and the king being unable to protefl us any longer, ~ve " are free from Jubjeflion to him. But we anfwer, that the king's inabi- " lity to perform his duty does not difcharge the fubjeet from his, as long " as he is able; much lefs when the non-proteflion on the king's part, is " not from want of will, but of power. (4.) "It is faid, the parliament being thefupreamjudicatory if the king- SalvalV, " dom, wherefoever the king is in perfon he is always prefent with his parlia- " ment in power; as what is done in courts of jz!flice is not done without the " king, but by him though not perfonally prefent. But we deny·the king to. " be always prefent with his parliament in power, for then his aCtual royal "aifent would not be neceffary to the making of laws, but only a virtual " affent included in the votes of both houfes: The houfes need not then " defire the royal affent, nor can the king be fuppofed to have a negative " voice. Befides the ftatute which provides, that the king's aifent to any " bill fignified under his great feal, iliall be as valid as if he were perfo- " nally prefcnt, imports that the king's power is not prefent with his two " houles, otherwife than it appears in his perfon, or under his great " .feal. As to the analogy of other courts we conceive it of no confe- " quence; in other courts the judges are the king's fervants, and do all " in his name, and by his authority; they fit there not hy any proper " intereft of their own, but in right of the king, whofe judges they are; " but the parliament is the king's council, and have their feveral proper " rights and interefts diftinet from the king's, by virtue of which they are " diftinet orders and confervators of their feveral interefts. Belides judges ". of other courts are bounded by the laws in being, and therefore the " king's perfonal prefence is not neceifary; but the cafe is quite different '' in maki ng new laws, for the making of new laws is the exercife of a " legijlative rather than a judicial power; now no aCt of legiflative paw- " er can be valid, unlefs it be confirmed by fuch perfon or perfons as the Q_q 2 " fove-
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