The Snare is Broken, Text

The Snare is Broken · Text

p. 1The Snare is broken. Wherein is proved, That the Covenant-oath was unlawfully impoſed and taken, and not to be kept, as binding the Conſcience.

IT is a ſaying of aaPro. 14. 12.Prov 14:12Solomon, There is way which ſeemeth right unto a man; but the end thereof are the wayes of death. That the Covenant given and taken through the two Kingdoms, hath ſeemed unto many a way right, lawfull, religious, 'tis granted on all ſides: the thing therefore which I have undertaken (and by the good hand of God aſſiſting me) ſhall fully and clearly prove, is, that the ſame, is the way of death: a Covenant contrary to Religion, Law and Reaſon.

And firſt to begin with the generall definition of an Oath, which according to bbAlſted. Theol. caſ▪ c 15. Queſt. 2.Divines, is a religious and neceſſary atteſtation of Gods holy Name, whereby we invocate him as a witneſſe to confirm the truth of our ſpeech, and as a Judge if we ſpeak falſly. And ccAriſt. in Rhetor. ad Allex. c. 18.Ariſtotle, and ddCic. …r. 3. offic.Cicero ſpeak to the ſame effect, de…ning an Oath, to be A religious atteſtation, taking God to witneſſe.

It is ſaid to be A religious atteſtation, becauſe an Oath is eeDent. 6. …3. & 10. 20. Pſ…l. 62▪ 12.Ps 50:62Ps 50:12part of Gods worſhip: That the Covenant-oath was not ſo, is apparent. For, 1. It is an enemie to Gods worſhip and true Religion; under the name of hereſie and ſchiſme, a meer deſigne to ſtop the paſſage of many precious truths, and to hindr the Saints from Church-fellowſhip, and walking in the faith and order of the Goſpel.

2. It cannot be religious, becauſe it contains a contradiction, and ſo enforceth the taker, neceſſarily to be … Covenant-breaker one way or other. In the third Article he p. 2ſwears to preſerve the Kings Majeſties Perſon and Authority, &c. here (as it is generally interpreted) the Convenanter promiſeth not to touch the perſon of the King, as to have him corporally puniſhed, ſhould he be the greateſt Tyrant, Traitor, Murderer upon the face of the earth. Yet a little after he ſwears he will endeavour that ALL SUCH as ſhall be Incendiaries, Malignants, and evill inſtruments, may be brought to publick tryall, and receive condigne puniſhment, &c. here neither King, Queen, Prince, &c. are exempted, but whoſoever ſhall ſhew himſelf an Incendiary to the publick peace, and ſafetie of the two Kingdoms, he will endeavour to have him puniſhed, as the degree of their offence ſhall offence require or deſerve. That rule is well known, ffAriſtot. de Interp. l. 2. c. 2.Impoſſibile eſt due contradictiora vere reddi de eodem. Thus he is ſnared by the tranſgreſſion of his lips; and whiles he ſhuns one rock, he makes ſhipwrack upon another.

3. It cannot be a religious action to ggLev. 19. 14.Lev 19:14put a ſtumbling block before the blinde: and hhPro. 28. 10.Prov 28:10to cauſe the righteous to go aſtray in an evill way. But this Covenant doth ſo, and thus I prove it.

1. When the Covenant was commanded to be taken through the Kingdom, the people generally held (and for the moſt part do ſtill) that the Government by Archbiſhops and Biſhops was lawfull: and therefore to be required, yea forced to ſwear with their hands lift up to heaven, that they will endeavour the extirpation of Prelacie, howbeit at the ſame time it was well known, they thought it a lawfull and good government: it was an hard caſe, and ſhewed little pitie. The iiDigeſt. l. 2. Tit. 14 de pa…tis; Cicero▪ l. 3Law ſaith, Pactum ſi tolletur jus publicum tune non valet, etiam ſi fuerit juramento confirmatum: A Covenant if it take away publick right it cannot ſtand, yea though it be confirmed with oath. For my part I know not in what particular a free people may more groundedly and properly challenge publick right then in matters of Religion: and therefore quo jure, by what power may their Repreſentatives require them, and that by oath, to change one form of government for another, untill they be informed touching the lawfulneſſe of ſuch a change.

2. No leſſe was it a ſnare to many poore ſouls, who muſt p. 3ſwear that they will really and conſtantly endeavour the preſervation of the doctrine; worſhip, diſcipline and government in the Church of Scotland: but what theſe things were, poore wretches they knew not: not good they thought, becauſe contrary to their preſent practice. Ea certo oportet eſſe cognita & perſpecta, ſay the kkSynopſis pr… diſp. 20. p. …20.Leiden Profeſſors: What men ſwear to▪ they muſt have a certain, full and clear knowledge of: not to llPro. 20. 25.Prov 20:25vow, and afterward make inquirie. Obſerve the late mmPourtract. pa. 78.Kings Speech (if that book be his) I am prone (ſaith he) to beleeve and hope, that many who took the Covenant are yet firm to this judgement, that ſuch later Vows, Oaths and Leagues can never blot out theſe former gravings and characters which by juſt and lawfull oaths were made upon their ſouls. He takes it as granted, that many when they ſwore againſt Prelacie, and for Presbyterie, it was againſt their Conſcience, and ſo not binding.

3. To what uſe are theſe words in the Covenant, viz: Schiſme and hereſie? but another ſnare to deceive the ſimple, and ſuppreſſe the godly. It was decreed in a certain Generall Councell held at Rome under nn3 Volum: Conc. cop Excomm…de haeret.Innocent the third, in the yeer 1215. that no Heretick ſhould be choſen King: confirmed before under oo2 Volum: Conc. F. 136. 2. 15. 216. 530.Theod ſius the younger, Valentinian the third, and Martian; and afterward recited by ppL. Manich. l. quicunq: in l. fine. C. de haeret.Juſtinian the firſt, in the firſt Councell of Conſtantinople inſerted in his laſt Code. But mark the myſtery of iniquitie, who muſt define hereſie, and judge who is an heretick: this is the Popes work alone. We beleeve, ſaith qqDef c. 3. l 4. de Rom. Pont. Sect. tertius.Gretzer, the judgement of him who ſucceeds Peter in the Chair, Non ſecus ac olim Petri infallibile, to be no otherwiſe then the judgement of Peter was. Who reject the Popes judgement in a cauſe of faith, are Hereticks, ſaith Canus. Now the like is this Covenant for all the world: Lib 3. de verb Dei. c. 8. Sect. Excutimus.firſt an oath muſt be taken for the extirpation of hereſie and ſchiſme, not that it is determined what is hereſie or ſchiſme, or that the Covenanter ſhall know before hand what is meant by it: but being blindly brought into the pit, then come our Brethren of Scotland with a cathedrall infallibilitie in defining cauſes of faith, and tell him that Browniſts, Anaboptiſts, Independants with others, ſuch and ſuch are intended: p. 4And howſoever he be not able to apprehend either herefie or ſchi…me in them, yet he muſt judge them hereticks and ſchiſmaticks, for that he hath taken the Covenant, and our brethren ſay they are ſo.

We ſhall in the ſecond place conſider the ends of an oath: Now men ſwear unlawfully, when in taking an oath they do not reſpect, 1. Gods glory: 2. their own good: and 3. the good of their neighbours.

Firſt for Gods glory: it could not by the generality of people in this Kingdom poſſibly be aymed at. 1. Becauſe as ſſExplicat. decalog. 3. praec. p. 90▪Rivet: truly ſaith, Nemo juramento cogi debet ad aliquid inique perpetrandum. No man ought to be conſtrained by oath to do any thing unjuſtly: his reaſon is, Quia obedientia erga divina mandata (que inter ſe nunquam pugnant) omnibus eſt praeferenda: Becauſe obedience to Gods Commandments (which never diſagree amongſt themſelves) is to be preferred before all things. Now the Law ſaith, ttGen. 9. 6.Gen 9:6He that ſheddeth mans blood, by man ſhall his blood be ſhed. uuNum. 35. 31.Num 35:31Ye ſhall take no ſatiſfaction for the life of a murderer, which is guilty of death: but he ſhall ſurely be put to death. xxDeut. 19. 13Deut 19:13Thine eye ſhall not pitie him, &c. To covenant therefore to preſerve the Kings Perſon, that is, to ſwear he ſhould not be put to death, though a murderer, &c. it was an oath againſt a divine precept, and ſo not binding, neither was there a due reſpect had unto Gods glory.

2. yyRom. 14. 23.Rom 14:23Whatſoever is not of faith is fin, and conſequently tends not to Gods glory. But thoſe who ſwore to things either doubtingly, or ignorantly, or forced through fear to eſcape bodily puniſhment, or to enjoy their calling, eſtates, credit, places, &c. could not ſwear in faith; But this was the condition of the people every where, and cannot be denyed. As one aaIohan. Bapt. Foleng in Pſa. 64. pa. 236.Ps 64ſaith, Verior …e ſtatim is perjurus efficiatur, qui Monachum profiteiur. So there was cauſe enough to beleeve, that when this Nation ſwore againſt the Government by Archbiſhops and Biſhops, they forſwore themſelves, I mean the greateſt number both Prieſts and people, as doing a thing againſt their Conſcience, and never meant to keep the oath if they could otherwiſe chooſe. And to make this good, p. 5mark a paſſage in Mr. bbDecemb 27. 1643. pa. 18.Henderſons Sermon before the Houſe of Commons. It feareth me (ſaith he) that a great part of the people of this Land are ſtill fond of a form all Service, and a proud Prelacie.

3. Men have reſpect then unto Gods glory, when they do lawfull and juſt actions: and can ſhew Goſpel precepts and preſidents for the juſtification thereof: For as ccFeſt▪ Chriſt. ca▪ 3 pa▪ 14.Hoſpinian rightly ſaith, Non ſtatim omnia quae pio animo & bono zelo inſtituuntur, & abſ que omni inquiſitione recipienda ſunt. We may not preſently receive all things which are inſtituted with a godly minde and good zeal, without any examination. So we ſhould be like little children, put everie thing to the mouth which is given into the hand. What the Compoſers and Impoſers of the Covenant at firſt intended, I ſhall not here touch upon, but this I affirm, and will ſtand to it, the ſame had never any Scripture bottome: policie perhaps it had: but pietie not: And for the Covenant and Oath which ſome fetch from Aſa, Joſiah, Nehemiah, &c. it holds not forth any thing either for matter or manner to prove the lawfulneſſe of this Covenant. Similibus ſimilia convenire conſentaneum eſt, ſaith the Logician. But except it be in name, as that is called a Covenant, and ſo this, there is no proportion or likeneſſe between them, as relating either to perſons or things.

2. It is againſt the true end of a lawfull Oath, when a man reſpects not his own good, ſpecially not the good of his ſoul: But what good could any man imagine he did to his ſoul, whileſt he was ſwearing to the particulars in that Covenant. For inſtance: 1. Touching the Scots Church diſcipline, when the ſwearer knew not what it was; or if he did, yet thought it not to be lawfull: or if lawfull, yet ſaw no reaſon or juſt cauſe for him to ſwear to endeavour the preſervation of it, was ſuch a courſe profitable for his ſoul? 2. When any worſhip or form of Church Government is ſetled in a Land by Authoritie, and the people by oath have received it, howſoever I grant the State may remove the ſame: nevertheleſſe to require an oath of the people for to reject it, untill they themſelves do ſee the thing unlawfull, p. 6and are willing to take it, there is no warrant in Scripture for it. ddDe haer▪ a Civil. mag. p…nicn…is.Beza confeſſeth (although no friend to liberty of conſcience, yet) That God never gave power to man for impoſing Laws upon the Conſcience, nor can endure that any beſides himſelf ſhould bear ſway or dominion over the minds of men. Now if this be not to impoſe Laws upon the Conſcience, and to bear a lordly ſway over the minde, viz: to compell men to ſwear againſt Prelaeie, to which they had before many times ſworn, yea, and that before they ſaw the thing unlawfull, or could do it of conſcience, then was there never an humane law impoſed upon the Conſcience. 3. When the Miniſters of Aphrick were tendered an Oath, eeVictor: de perſecut. vandalic.Nunquid bruta irrationalia (ſaid they) nos putatis ut juremus neſcientes quid charta c…ntineat? Do ye think us ſuch ſenceleſſe beaſts, as that we will ſwear not knowing what the writing doth contain? If men had duly regarded their ſouls good, they would have refuſed the taking of the Covenant with the like anſwer, and upon the ſame ground, that is, have known firſt what the hereſie was and ſchiſme, that ſhould be extirpated, before they would ſwear to any acting againſt the ſame. Quod juſte fit, ſcienter fit: quod vero injuſte ignoranter, ſaith ffTopic. l. 2. c. 23.Ariſtotle: That is juſtly done which is done knowingly: but what ignorantly, that is done unjuſtly. And to ſay the truth, I hardly know the thing wherein the people of England, ſpecially this preſent generation, have ſhewed themſelves more irrationall and ſtupid then in this particular, for they have taken even the Oath ex officio, ſworn to do that thing which they know not to this day what it is, nor how, or which way to act in reference to the oath which they have taken.

3. It is againſt the end of a lawfull Oath, when men reſpect not the good of their neighbours. ggExplicat. decalog. 3 prae. pa. 90.Rivetus ſaith, Non eſt ſervandum juramentum cujus executio cum ſalute publica, cum honeſtate, & bonis moribus pugnaret. That Oath is not to be kept, the execution whereof fights with publick ſafetie, honeſtie and good manners. And a little after, Si quis ergo errore deceptus, vel affectibus abreptus, aut metu victus, jurando pr mittit ſe aliquid facturum, quod vel in haec tria, vel in unum p. 7ex tribus impingat; jurando quidem peccat, ſed ſi juramentum ſervaverit, peccatum peccato addit. If any one therefore deceived through error, or led aſide through affection, or overcome through fear, promiſeth by oath, that he will do ſomething which is againſt theſe three, or any one of the three, he offends indeed by ſwearing; but if he keeps the Oath, he adds ſin to ſin.

This Covenant muſt needs be againſt publick ſafetie, becauſe it occaſioned a generall commotion, and ſet the people of the Land cauſleſly to deſtroy one another. The Preſbyterian partie think themſelves bound to engage againſt the Church and people of God, and to ſeek their utter ruin, under the name of ſchiſme and hereſie: the Independents taking the way of the other to be ſuperſtitious, conceive they have as much reaſon by the Covenant to oppoſe them: and the Cavileers, ſwearing to preſerve and defend the Kings Majeſties Perſon: conclude they may lawfully deſtroy them both. I mention not here our Brethren of Scotland, who challenge by the Covenant a power to ſettle our Church and State, and to ſpoil us in our perſons, eſtates, conſciences, if we refuſe to conform to their rules and orders: thus is the Covenant become an Achan, a troubler, a fire-brand in the Nation, and ſerves for no other uſe, but to make diviſion, keep open the breach of differences, and to ſtrengthen the oppoſing parties one againſt another, till in the end they are quite undone on all ſides. The hhL. Non dubium C. de Ll. l. Iubemus nulli.Law ſaith, Contractus vel pacta contra legem prohibiti, nam ſunt ipſo jure nulla. Contracts or Covenants againſt a prohibited Law are void by right. It is againſt the Law of God, Nature and Nations for any people to enter into a ſolemn League and Covenant to deſtroy their own ſafetie. But the wit of an Enemie could not have deviſed a thing more pernitious and deſtructive to our pub…ick peace and ſafetie then the Covenant: for it is not poſſible that ever this Common-wealth ſhall be ſetled according to what the Parliament hath lately declared, and the Covenant duely obſerved; ſo incompatible is the one with the other.

2. There is in the Covenant as little honeſtie: the late p. 8kkPourtract. pag. 38.King ſpake true enough; I ſee the Impoſers of it are content to make their Covenant like Manna (not that it came from heaven as this did) agreeable to every mans pallate and relliſh, who will may ſwallow it: they admit any mens ſenſes of it, though divers or contrary with any ſalvoes, cautions, reſervations, &c. And as it admits of equivacotion and mentall reſervation, ſo corrupt men and hypocrites have libertie enough there granted, to carrie forth their deſignes and private intereſts, in deceiving and wronging others. llIer. 7. 4. 9.Jer 7:4Jer 7:9The Temple of the Lord, the Temple of the Lord, was the cry of the hypocriticall Jews in the Prophets time. And when Hambleton brought the Scots into this Kingdom, to ſteal, murder, and commit adulterie, did they not then truſt in lying words, ſaying, The Covenant, the Covenant? mmAmbroſe in li de Virg.Venena non dantur, niſi melle circunlita, & vitia non decipiunt, niſi ſub ſpeeie, umbraque virtutum: Poyſon is not given but mixed with honey; and vices deceive not but under a ſhew and pretence of vertue. The Covenant indeed is a prettie cloak to cover any knaverie, villanie, treacherie; and if our Brethren ſhall once more attempt to oppreſſe the ſtranger, the fatherleſſe, and the widow, and ſhed innocent blood in this Land: I make no queſtion but they will pretend to do all this by vertue of the Covenant: who is ignorant of rebellion and treaſon frequently taught in City and Countrey, and the people provoked to a new war, Authoritie deſpiſed, Magiſtracie contemned, lawfull and juſt commands of ſuperiors rejected, and no other texts for all this but the Covenant. nnOffic l. 3.Cicero ſaith, Nihil honeſtum eſſe poteſt, quod juſtitia vacet. If it be according to juſtice, that men ſhall ſhed innocent blood, rob their neighbours, and for Subjects to deſpiſe dominion, and ſpeak evill of dignities, make inſurrections and mutinies in the Common-wealth, preſſe the Magiſtrates to perſecute the Saints, and ſuppreſſe the truth, then hath the Covenant honeſtie in it, otherwiſe it is a moſt diſhoneſt thing, if it be underſtood as the Presbyterian Scots and Engliſh give their ſenſe and interpretation of it.

From the definition of an Oath and ends, we come next to the properties, which are three, layd down by the Prophet: p. 9Thou ſhalt ſwear, the Lord liveth in truth, in judgement, Ier. 42.Jer 42and in righteouſneſſe. Firſt in truth, which is, that the ſpeech agree with the thing, and the minde with the ſpeech: ſo that we ſwear unlawfully when we ſwear a thing that is falſe or falſly: a thing falſe when we ſwear an untruth, the ſpeech diſagreeing with the thing: falſly when as we ſwear the truth but deceitfully, when we purpoſe to deceive, the heart and tongue not agreeing together.

1. It was a falſe thing, when the Covenanter ſwore to endeavour the extirpation of ſchiſme and hereſie, for howſoever not expreſſed ſo in words, yet this he vowed to do, that he would perſecute the godly, and not ſuffer them peaceably to worſhip the Lord. ppComment. in Mat. 10. v. 17.Matt 10:17Pareus commenting on theſe words, They will ſcourge you in their ſynagogues, ſaith, Damnati non argumentis, aut ſcripturis refut abuntur: ſed flagris coercebuntur: They are condemned not with arguments, or confuted by Scriptures, but forced by whips. And quoting ſome examples for it, concludes, Plurima deinceps ſuppeditavit hiſtori… Eccleſiaſtica, & hodie inquiſitio Hiſpanica, ubi ſimilibus argumentis doctrina Chriſti refutatur. The Eccleſiaſticall Hiſtory ſhews many the like inſtances, and ſo the Spaniſh Inquiſition at this day, where the doctrine of Chriſt is confuted with ſuch kinde of arguments: And in truth this Covenant may be added to the number: for there is not one word in it, of confuting hereſie and ſchiſme by Scripture, the Covenant binds no man to do this: extirpation, that is, fining, ſilencing, impriſoning, baniſhing, and murthering the Saints, and that for the Goſpels ſake.

But 2. be it granted the Covenanter is no way miſtaken about hereſie and ſchiſme, the queſtion then is by what Goſpel precept or example he is obliged to ſwear, that he will pluck up theſe tares, and not ſuffer them to grow in the world untill the harveſt? where hath Chriſt or his Apoſtles taught him, to judge them that are without? The Italians have a Proverb, that whoſoever runs beyond his Commiſſion, muſt run the hazard of it upon his own account. Calvin howſoever he wrote a whole Tract about puniſhing of Hereticks: yet he could not chooſe but acknowledge ſo much truth in a few p. 10lines, as confutes the whole Treatiſe: for qqInſ…itut li 4. c. 11. …ect. 5. and 15.having ſhewed how the holy Biſhops of ancient time, did not exerciſe any Authoritie, in fining, Impriſoning, and civill puniſhment, gives his own opinion thus, that as the Church hath no power of forcing of her own, Neque expetere debeat, de civili coercitione loquor. Neither may ſhe require it, I ſpeak of the Civill Magiſtrate to imploy his authority in a civill way. And this rrBern. in Cant.was Bernards opinion before him, Fides ſuadenda eſt, non imperanda: Faith is to be perſwaded, not forced. So ſſAuguſt. Epiſt. 65.Auguſtine, Docendo magis quam jubendo, monendo quam minando: Rather by teaching then commanding, by admoniſhing Amminiamus li▪ 25.then threatning. Amminiamus writes of Valentinian thus: Hoc moderamine prin…ipatus ſui inclaruiſſe, quod inter religionum diverſitates medius ſteterit, nec quemquam inquietaverit, neque ut hoe ant illud coleretur imperaverit, nec interdictis minacibus ſubject…rum cervicem ad id, quod ipſe, inclinaverit. With this moderation his principalitie ſhined, that amongſt diverſities of Religion he ſtood in a mean, troubled no man, nor commanded either this or that ſhould be worſhipped, nor by threatning Edicts forced his Subjects to bow their necks to do what he himſelf did. What Maximilian would uſually ſay, it is well known, Nullum enormius peccatum dare poſſe, quam in conſcienti…s exercere velle. Qui enim conſcientiis imperare volunt, eos areem coeli invadere & pleramque terrae poſſeſſionem perdere. And much like this, was his anſwer to the King of France returning out of Polonia, and threatning the extirpation of hereſie and ſchiſme, (meaning the Huguonots:) Thoſe (uuHiſtor. Fr. l. 1 Hen. 3. p. 14.ſaith he) who ſeek to rule over mens conſciences, ſuppoſing to win heaven, do …ft▪ times looſe their poſſeſſion on earth. The truth is, violence in Religion, and through compulſion and fear to drive men to act things involuntarily and againſt their conſcience, is ſo unnaturall, abſurd, unreaſonable, as the very heathen ſaw it to be unlawful. yySeneca de iraErrantem per agros ignorantia viae, melius eſt ad rectum iter admonere quam expellere: ſaith Seneca. A man going aſtray through ignorance of his way, it is better by adviſe to lead him into his way, then to drive him thither by force. aaSen. de cle.Again, Ingenianoſtra, ut nobiles & generoſi equi, melius facili fraeno reguntur. Our wits are p. 11as noble and generous horſes, beſt ordered by an eaſie bridle. So bbEx Themiſtii dicto apud Socrat. Eccl. hiſt. 3 c. 21.another, Purpuraetuae cultores aliquos efficies, non Dei: Thou mayeſt cauſe them to be worſhippers of thy purple robe, not of God. Mr. ccDiſcourſe about Tolerat. p 53. 54.John Owen in a book lately come forth, ſaith, Cain ſeems to me, to have layed the foundation of that oruelty, which was afterward inſerted into the Churches Orthodoxies, by name of hereticidium, we finde the foure famous Empires of the world to have drunk in this perſwaſion to the utmoſt, of ſuppreſſing all by force and violence that conſented not to them in their way of worſhip. And this he proves afterward in that learned diſcourſe.

3. The hearts and tongues of many agreed not together, neither could it poſſibly be in moſt things, ſeeing the things to which they ſwore, were contrary to the minde and liking of the people every where. Juravi lingua, mentem injuratam gero. I have ſworn againſt the calling of Archbiſhops and Biſhops (might one ſay) but in my heart I beleeve their ſtanding is lawfull and good. I have vowed and covenanted (might another ſay) to diſcover Malignants, &c. but in my heart I never purpoſed ſo to do. The like in relation to Scotland, could it ſenſibly be thought when this Nation took the Covenant, they regarded that Kirk, or really meant (as they ſwore) to endeavour the preſervation of the diſcipline and worſhip of that Church? Many …ſtyeelded unto it (ſaith the late ddPourtract p. 78.King) more to prevent that eminent violence and ruine which hung over their heads in caſe they wholly refuſed it, then for any value of it, or devotion to it. He ſpeaks doubtleſſe the truth, it was taken to ſhun the odious name of being reputed otherwiſe malignants, enemies to the great work of Reformation, or to eſcape ſome outward danger, not religiouſly and in the fear of God, for the oath abounds with ſuch ambiguous expreſſions, impoſſibilities, contradictions, and things ſo contrarie to the opinion of men in all places, that conſcientiouſly in ſome particulars it could not be admitted by any perſon whatſoever.

And therefore no marvell, that Dr. Burgeſſe howſoever the firſt man who eeSerm before the Houſe of Commons. Nov. 17. 1640. upon Ier. 50. 5Jer 50:5openly deſired and urged a Covenant to be entred into, yet when he ſaw this Covenant was the firſt (as I have heard) that oppoſed it in the Aſſemblie, and for p. 12refuſall, he and Mr. Price were both ſuſpended; Beſides many godly men, perceiving what a ſnare it was, withdrew and obſcured themſelves for a time: It was ſo beſtuft with ſelfiſh Intereſt, ſo diſagreeing for matter with thoſe Covenants which we read of in Scripture, and to thoſe qualifications which according to Gods Word ought to be in every Oath, that I have ſtood in admiration, it hath not been more oppoſed by judicious and pious men.

The ſecond propertie of a lawfull Oath, is to ſwear in judgement, that is, confiderately, as knowing the thing to be true, and moſt certain: for though it may be true, yet if uncertain to the ſwearer, he takes an unlawfull Oath. Non temere proſiliendum eſſe: ſed etiam at que etiam cogitandum, quid ſit jurandum: item an res ita habeant, quemadmodum dicturi ſumus. Not raſhly (ſaith ffIn lib. Ioſh. c. 2. hom. 11. p. 13.Josh 2Lavaret) but it muſt be conſidered again and again, what the Oath is, and whether the things are ſo as we ſay. So ggSyntag. Theol. l. 9. c. 23. p. 628.Polanus, Juramentum licitum eſt, de rebus veris, certo cognit… ▪ The Romanes had an uſe, that he which would ſwear by Hercules, ſhould go forth of the doores, that he might be well adviſed, and take ſome pauſe before he ſwear. For they held that Hercules did ſwear but once in all his life, and that was to the ſon of King Augeus. This deliberation in their idolatrous Oaths (ſaith hhComment. on Exo ch. 20. quaeſt. 4 p. 294.Exod 20Willet) ſhould admoniſh Chriſtians to be well adviſed in ſwearing by the Name of God. And now for application, here is more cauſe of mourning for a ſinfull Covenant, then proving the unlawfulneſſe of it in this particular.

1. It doth not appear, that the impoſers of it were ſo religiouſly affected, as to have the Oath adviſedly and underſtandingly taken: for ſurely if they had, it would not have been ſo ambiguouſly, darkly, wrappingly given forth, neither preſt ſo haſtily, but every man allowed time and means ſufficient, for a clear and full ſatisfaction in every point. The ii1. Confide…emus in aur▪ de tri…nte.Law ſaith, Turpe eſt ſine lege loqui. kkAd Plauſitum l. 3.Likewiſe, Factum a Judice quod officium ejus non pertinet, ratum non eſt. Now I demand whether it can ſtand with the Law of God, with pure reaſon, with the libertie of a free people, adde that libertie which Chriſt hath purchaſed for us with p. 13his own blood, that the civil Magiſtrate may require an oath of any man in a matter which he underſtands not, neither can ſpeak certainly to it; and in caſe he refuſe (not of wilfulneſſe, but of conſcience) whether ſuch a one may ſuffer in perſon or eſtate. For,

2. Were I a Papiſt, and did beleeve the doctrine of blinde obedience and the Coliars faith, and could approve llConfut. Petti c. 14. p. 18.Hoſius, ſaying, Ignorance in moſt things is beſt of all: to know nothing is to know all things. And what mmCuſan. Exercit. l. 6.Cuſ…n ſaith, Obedientia irratisnali…, eſt conſummata & perfectiſſima, ſeilicet quando obeditur, fine inquiſ…tione rationis: ſicut jumentum obedit domino ſuo: and could receive nnBellarm. de Iuſt l. 1. c. 7.Bellarmines tenet, who will have faith to conſiſt in the aſſent, not in knowledge; and that the Pope in things belonging to faith, ooBellar▪ de Pont l. 4. c. 3.Nullo caſu errare poteſt: he can by no poſſible means erre. When he ſets forth a Decree, Divinitus illi praecluſa eſt omni… via: ſaith ppTh: Bozius l. 18. de ſig. Ec. c. 16.Bozius. God ſtoppeth every way unto him which might bring him into errour. And in making ſuch Decree, qqBoz. l 16. c. …Nunquam valuit aut va…ebit facere contra fidem; He never was, he never ſhall be able to do ought againſt faith. I ſay let this be granted, the Popes Canons and Inſtitutions may tolerably be ſubſcribed to: But ſeeing Proteſtant Divines are of a contrarie judgement, and hold that Aſſemblies, Synods, Councels, may erre▪ and are not infallible in points of faith, yet notwithſtanding will require men to ſwear to Articles of their own framing, and not ſatisfied touching the lawfulneſſe of them, 'tis too abſurd, and the Papiſts herein are truer to their principles then they: A blind Papiſt, I confeſſe, walks by ſome rule, when not knowing the thing to be lawfull, yet receives it, in regard he beleeves the Church cannot erre. But what hath a poore blinde Proteſtant to help himſelf in point of conſcience, when he ſhall be compelled to ſwear to ſuch things as he knows not what they are, whether good, bad, and is taught that the framers and impoſers for ought he knows, may erre, and be deceived therein.

3. That the Covenanters knew not the things to be true and moſt certain to which they ſwore, and therefore took an unlawfull oath, 'tis as clear as the Suns that ſhines, p. 14for many particulars in the Covenant are ſtill ridles and dark ſentences, and it is not yet known whereto they have relation. I remember what rrDe …ivi…. Dei. li. 21. c. 26. & in Enchirid▪ c 69.Auguſtine writes of Purgatory, Forſitan verum eſt: non eſt … …n ſit quaeri poteſt. Perhaps it is ſo, it is not altogether incredible: it may be a queſtion whether there be any ſuch place or no. The like might moſt Covenanters have ſaid, Forſitan verum eſt, perhaps it is true what I now ſwear; but it is a queſtion: the Scots diſcipline and Church Gouernment for ought I know may be Antichriſtian and falſe, and the Biſhops calling, Chriſtian and lawfull. So for hereſie and ſchiſme, can any man to this day tell what is intented thereby. I do not regard what Mr. Taylor or Mr. Jenkins ſay of it, for as ssMr. Ley defenſive doub…s▪ p▪ …9. 100.one ſpeaks very well: A private interpretation of a publick act cangivs no ſatisfaction, unleſſe it be expreſly or ver…ually allowed by the higheſt Authority, that doth impoſe it, and then it is made publick. Private men though learned, if they take upon them the interpretation of publick Dictates, may be more like to light on mutuall contradictions, then of the true and proper conſtruction of the text they interpret. So did Vega and S…to, Soto and Catherinus▪ &c. commenting on the Councell of Trent. I do not know that the high Court of Parliament hath any where declared what they mean by hereſi… and ſchiſme, and therefore for private men to determine of it, I take it to be beyond their calling. And for the fourth Article in the Covenant, namely, who is to be reputed a malignant, and what makes a man to be ſo, and how far the Covenanter is bound by oath in point of diſcoverie, &c. here needs another Oedipus to unfold the myſterie. ttComment. upon Exo. Ch. 20. queſt. 7. p 295.Dr. Willet ſhewing for what things an oath is not to be taken, the ſecond is, of things doubtfull and uncertain: for it were preſumption to call God to be witneſſe, of that which he is uncertain, whether it be true or not.

The third property or qualification of a lawfull Oath, is, Rightcouſ…eſſe, that it be a juſt and lawfull thing which he ſwear…th. Juramentum non ſit vinculum iniquitati…: An Oath ought not to be the bond of iniquitie: and therefore an oath is unlawfull when as thereby we promiſe any thing that is unjuſt, or unhoneſt, wheth…r it appear unto us preſently p. 15when we make the oath, or afterward finding i… pietie and injuſtice in it, which we did not diſcover at the making of it: then ſuch an oath is rather to be broken then obſerved, for we ſin not in breaking, but in making of it; whereas he that performs ſuch an oath, addeth ſin unto ſin: that is to ſay, raſhneſſe in ſwearing, wickedneſſe in performing, according to that ſaying, Quod male juratur, pejus ſervatur. Juravit David temere▪ ſed non implevit jurationem majore pietate, ſaith uuAuguſt. in Ser. de collat.Auguſtine: David ſware raſhly, but kept not his oath with greater pietie.

Howſoever the Covenant was at firſt (as we have before ſhewed) by many judicious and godly people refuſed, and the impiety and injuſtice in it obſerved and proteſted againſt: nevertheleſſe the unlawfulnes of it hath ſince more clearly and abundantly appeared; Per ſequentia praecedentia declarentur, as Lawyers ſay. To ſhew the impietie and injuſtice of the Covenant, take theſe few inſtances.

1. A man ſwearing not to do his office and duty, Non t…tum, non obligat: (ſaith xxAmeſ. conſ. l. 4. c. 22.Ameſim) ſed ſi obſervetur, auget reatum. Not onelyonly binds not, but if he keep it, he increaſeth his ſin. When the Covenanter ſwares to preſerve and defend the Kings Majeſties perſon, he being then a Tyrant and Traytor, and having before ſhed much innocent blood, was not this an oath taken (at ſuch a time) againſt his office and dutie? Let the action ſince, and ſwearing then, be compared together.

2. The jumbling of this Nation and the Scots together in the Covenant, the taking of them in to ſettle Religion here, and to endeavour the extirpation of Prelacie, Popery, ſchiſme and hereſie amongſt us, it was (under favour) a practice (I think) never before heard of Hence that Army under Hamilton pretended cauſe and ground to conquer us: and to this day our dear Brethren talk of coming in again to ſuppreſſe the Sectaries; thus the Covenant is become a ſnare to the Nation, and of a free State and people, would make us ſubjects and vaſſals to another Kingdom. The yyL. non dubium▪ C▪ de 11. l. Iubemus nulli.Law ſaith, Contractus vel pacta contra legem pr…biti, nam ſunt jure nulla. aaDe verb. o… ▪ ligat.Again, Conditio …rpi… …el impoſſibilis vitiat p. 16actum. Likewiſe Contractus vel donatio legata non valent in fraudem legis. If our Brethren of Scotland think the Covenant ſets them into the Chair, to determine of our affairs here in matters of Religion, and to ſuppreſſe all ſuch as they call Sectaries: we muſt tell them ſuch a Covenant is moſt unrighteous, againſt Religion, Reaſon, Law, and Conſcience. bbInſtit l. 4. c. 13. Sect. 20.Calvin ſaith, Abſurdum eſt ad ea praeſtandum nos adigi, quae à nobis minime Deus requirit. It is an abſurditie that we ſhould be driven to the keeping of thoſe things which God doth not require of us. Again, Vota inc…nſiderate ſuſcepta, non modo nihil obligant ſed neceſſario ſunt reſcindenda. Vows unadviſedly made are ſuch as not onelyonly do not binde, but are neceſſarily to be broken. But where doth God require a free State to give up their Authoritie and power into the hands of ſtrangers: and if forreiners ſhall judge them to be Sectaries, whom the State knows to be godly and ſound Chriſtians, where is that Law to binde up the hands of our Parliament and Army, whileſt theſe of another Countrey ſhall cut the throats of honeſt men. You will ſay the Covenant will juſtifie all this: then I ſay, the Covenant is a pernitious and wicked thing.

3. Some ſay, ccThe impiety of Impunity.By this Covenant-oath all Independents ought to be expelled from the Houſe of Parliament, yea not to ſit in any Court of Judicatorie, to bear Votes, and determine the weightie cauſes of Religion and Church Reformation, but as offenſive rubs and remoras to be removed; and onelyonly ſound Presbyters, Lords and Commons to rule. A prettie Oath, to ſwear men out of their rights, priviledges, liberties, and to make them uncapable eſt.of all place and truſt in the Common-wealth, becauſe they are honeſt. How doth ſuch an Oath agree with the holy dd1 Theſ. 4. 4. 6.1 Thess 4:41 Thess 4:6Scripture? This is the will of God, that no man go beyond and defraud his brother in any matter: but this (if it be ſo as it is before ſaid) contains the higheſt and vileſt deceit that can be: eeOvid. de A…te Amand. l 3.Heathens have taught otherwiſe and better.

Reddite depoſitum, pietas ſua foedera ſervet,

Fraus abſit, vacuus coedis babete manus.

Reſtore the pledge, pietie her leagues keeps ſtill,

Let fraud depart, beware ye do not kill.

p. 174. It is an untigbte…us oath for Magiſtrates (deceitfully drawn in) to promiſe by oath (to accommodate bloodthirſtie men) to hinder Gods people from ſubmitting to the ſweet and eaſie yoke of Chriſt, to ſuppreſſe the order and way of the Goſpel, and to ſtop the propagation of the truth, but ſo much and more too, is gathered from the Covenant, and nothing now more frequently complained of, then that the Parliament-men to be Covenant-breakers, becauſe they ſuffer ſuch things to be practiſed amongſt the Saints. Mr. ffDiſcourſe about Toleration, p 51.Owen well obſerves, If they cloſe with them (ſaith he) they are Cuſtodes u…tiuſquae tabulae, the Churches nurſing Fathers, &c. what they pleaſe. But if they draw back for want of light or truth to ſerve them, logs and ſtorkes finde not worſe entertainment from frogs, then they from ſome of them. ggSum: Theol: Compen: Alt: part. 2. part. cap. 89. p. 222.Aquinas ſpeaking of an Oath, ſaith, Sivero boni impoditivum: tuno juramento deeſt juſtitia, & non oſt ſervandum. If this Covenant comprehends ſuch things, as ſome ſay it doth, yea and publickly avouch to be the main and principall of it, ſurely it wants juſtice, unleſſe it be juſtice to oppoſe the chiefeſt good, even Chriſt in his Church, Miniſtery, Worſhip, Government, and to countenance prepoſterous, raſh, and headie men in violence and perſecution.

Next let us conſider the uſe of an Oath, which is, Ʋt lites & controverſiae f…niantur, ſaith hhComment. ad Heb. c. 6. v. 16.Heb 6:16Pareus: that debates and controverſies may ceaſe: ſo the iiHeb. 6. 16.Heb 6:16Apoſtle, An Oath is an end of all ſtrife. The taking of an Oath (ſaith Mr. kkOn the Com. 3. p 75.Elton) ſerves to further brotherly love, and to confirm lawfull peace and ſociety between party and party, countrey and countrey, Kingdom and Kingdom And a little before, That controverſies which hinder love and Chriſtian charity may be ended. So llConfut. of Anabapt.Bakewell word for word. I marvell how any man could imagine, that this Oath was for peace, or that the preſent differences and ſtrife between partie and partie; could be ended by it, but rather neceſſarily continued and increaſed. I have read ſome where, about Heraclea in Pontus, there ſhould grow a tree over the Tomb of Amycus King of the Bebrycians, the Natives call'd it the raging or mad Lawrel, and for this cauſe, for if a branch or twig thereof (never ſo little) ſhould be caſt into a ſhip, p. 18all the Mariners and paſſengers would brawl and quarrell each with other, neither would there be any quietneſſe and peace in the veſſell till that mad wood was thrown overboard. Whether this Covenant be not like that raging and mad tree, let the Reader judge, having duly weighed theſe particulars.

1. It is an Apoſtolicall precept, that mmPhilip. 3. 16Phil 3:16whereto we have already attained we ſhould walk by the ſame rule: and the nnRom. 15. 1.Rom 15:1ſtrong to bear with the weak; and nothing better beſeeming Saints, then a due regard had unto tender Conſciences. But there is nothing in the Covenant that looks this way: The difference between partie and partie (though brethren in the faith) is referred there to the Sword, and no reconciliation, but the extirpation of one, or both.

2. As the Oath comprehendeth many things of ſeverall kinds, (and divers of them unknown what they are) which makes it both ooMr. John Ley Defenſive doubting. pag. 11.ſuperfluous and perillous: ſo it hath this for an accommodation to the taker, that he is left to take it in his own ſenſe, and having ſo taken it, now he muſt fight: but againſt whom? Againſt every one contrary to his judgement and practice. And howſoever the Presbyterians challenge a proper intereſt in the Oath, as if the ſame ſtood for them, and their deſigne and cauſe alone: nevertheleſſe the truth is, others may claim as much as they, and though they make not the like noiſe, crying, The Covenant, the Covenant, yet from the Covenant have as much to ſay for themſelves and againſt them: and why the Magiſtrate ſhould tolerate and countenance their Church, miniſterie, worſhip, and government, I ſay from the Oath may as fairly claim the approbation of the State, and the extirpation of them, as they can clearly gather any thing out of it againſt the other.

3. It cannot with truth be denyed, but this Covenant hath been a principall cauſe to hinder union and peace between the Congregationall and Presbyterian Churches: and if a full reconciliation touching their differences could not have been made, yet ſuch an accommodation and pacification eaſily ſetled, as both parties might have well ſatisfied, and brotherly love continued between them: but p. 19by this means they have been the more divided, and contention increaſed on both ſides. Adde hereunto in the laſt place, the many rebellions and treacherous deſignes carried forth from time to time under the Covenant: As the riſing in Surrey, Kent, Eſſex, Wales: and no marvell, for the Oath having in it, ſo many things, and ſo ambiguous, doubtfull, uncertain, contradictorie, &c. it muſt needs own almoſt any thing, ſpecially …eeing the ſenſe of it, hath never been plainly demonſtrated, but left to mens own interpretation in ſeverall particulars. The Divines of Aberdene ſaid well, ppThe Miniſt. and Profeſſors of Aberdene in their generall Demands, pag. 14.That the words of an Oath ſhould be clear and plain, and if they be any way ambiguous, the true ſenſe of them ſhould be ſo declared and manifeſted, that all may know it. But this Oath was ſo obſcure and dark, as it gave men occaſion to take it in ſeverall and different ſenſes, and hereupon ſtrengthened themſelves in oppoſing and ſtriving one againſt another.

Object: If it be ſaid, that in thoſe dayes there was ſuch diviſion and diſtraction among us, that there was need to faſten us together by ſuch a ſacred bond as that of the Solemn League and Covenant.

To this I anſwer, or rather will here ſet down Mr. Ley his words for anſwer: qqDefenſive doubts, touching the late Oath of the ſixth Canon, pag. 6. 7.That neither the want of ſuch an Oath was the cauſe of the diſtempers of the times, nor that the urging of it will be a convenient cure thereof: but rather the contrary: ſince there is more agreement betwixt peace and love which may be beſt preſerved where offenſive things are not urged, then betwixt love and compulſion, eſpecially, if (as of this Oath it is conceived) it incroach upon the conſcience, &c. And we ſee by the operation of it alreadie, daily producing more and more diſlike of it, that it is not likely to be aremedie againſt any maladie already diſcovered, but rather a means to exaſperate the diſeaſe.

There be other means more effectuall for holding out of Popery (rrGenerall demands of the Miniſters of Aberdene. pag. 29. ſay the Divines of Aberdene) in which we ought to confide more then in all the vows and promiſes of men; yea alſo, more then in all the united forces of this Land: to wit, diligent preaching and teaching of the Word, frequent prayer to God, &c. whereby we may increaſe in the knowledge of the truth, and in ability to defend it p. 20againſt the enemies of it: So for hereſie, ſchiſme, ſuperſtition, and other unlawfull things, and to advance the doctrine of truth, and diſcipline of manners; theſe have been the chief means, and will be ſtill the beſt means, with them there is no need or uſe of ſwearing; and without them, Covenants and Oaths will do no good.

Moreover we have againſt the Oath, this, ſſAlſted. …aſ c. 15. pag. 288.Si factum ſit juramentum de rebus quae non ſunt noſtrae poteſtatis, &c. A man taking an oath to do an impoſſible thing, the ſame is not binding: tt… …on. Syntag l 9. c. 2 3.Ʋt ſi quis amico juret ſe ipſi bona alterius donaturum: As if a man ſhould ſwear to his friend he would give him another mans goods. It is a maxime in Law and Nature, Nemo plus juris ad alium transferre poteſt, quam ipſe baberet. Tyrannicum eſt adres impoſſibles alios adſtringere: ſaith uuComment. in Gen. 24. v. 8Gen 24:8Pareus. The Miniſters of London in their Letter to his Excellencie, do much preſſe theſe words in the Solemn League and Covenant: namely, The preſervation and defence of the Kings Majeſties Perſon: and do infer from the ſame, a violation of the Oath if he ſhould be put to death. But they would have ſhewed more genuity and candor as becoming the Miniſters of Chriſt, to have proved the lawfulneſſe of ſuch a promiſe: where is it required in the holy Scripture, that men ſhould ſwear not to put to death a tyrant, traytor, murderer: will they rob God to give unto men? or do they think if men have ſworn not to give unto God, the things that are Gods? they are bound to keep ſuch an unjuſt and raſh Vow, or otherwiſe they ſhall provoke the Lord to wrath, as they inſtance in Zedekiah, Saul, and others. It is well known amongſt all the Subſcribers; not one of them hath hitherto undertaken to juſtifie that clauſe in the Article taken according to their ſenſe; yet doubtleſſe they might with as much ſafetie have given Reaſons againſt the Parliaments proceeding with the King, as caſt forth from time to time raylings againſt them.

Beſides do not men take an Oath to do an impoſſible thing, when they ſwear to do a thing which they know not what it is? Zeal without knowledge (ſaith Mr. aaDefenſive doubts, p. 36.Ley) is not ſufficient, but it is neceſſary men ſhould firſt know what Popery p. 21is; and what is not, before they renounce it by ſwearing: And is it not as fit they ſhould firſt know, what is ſchiſme and hereſie, and who are meant by Malignants, before they ſwear to ſuppreſſe the one, and puniſh the other? For it cannot be imagined, that an Oath otherwiſe can be kept, or that it is taken with any ſuch intent. Again, Conſcience (ſaith bbExpoſition on Com. 3. p. 79.Mr. Elton) cannot be bound, where underſtanding cannot diſcern what is done, and where he that ſwears wants reaſon and underſtanding to diſcern what he doth. So ccAlſted caſ. c. 15. p. 288.Alſtedius, Conſcientia enim obligari non poteſt, ubi intellectus, quid factum ſit, aut fieri debeat diſcernere nequit. And a little after, Ad legitimum juramentum requiritur, ut intellectis integro, vel ſaltem non ablato, fi…t. He that ſwears rightly (ſaith Mr. ddConfut. of the Anab…p.Bakewell) ought to know the nature of an Oath, and to be able to judge of the matter before whom, and to whom, and of time, and place, and other circumſtances. We ought (ſay the eeThe general demands of the Miniſters and profeſſ. of Aberd p 37.Profeſſors of Aberdine) to judge of thoſe things we are to ſwear to, with the ſtrict and inquiſitive judgement of verity, and to ponder duly, and to propound particularly and fully to others (eſpecially to thoſe who require our oath) to ſatisfie our conſciences there anent, and to anſwer all the doubts and reaſons, which make us unwilling and afraid to give our aſſent thereto. That this Oath was impoſed upon many men who wanted reaſon and underſtanding to diſcern what they did, and ſo conſequently the conſcience not bound: thus I prove it.

1. It was not long before this Nationall Covenant came forth, that the Oath of the ſixth Canon was enjoyned, and the Clergie were to ſwear that they did heartily, willingly, and truly upon the faith of a Chriſtian, approve the doctrine and diſcipline or government eſtabliſhed in the Church of England, a… …ontaining all things neceſſary to ſalvation, &c. Nor will they ever give their conſent to alter the Government of this Church by Archbiſhops, Biſhops, Deanes, and Archdeacons, &c. as it ſtands now eſtabliſhed, and us by right it ought to ſtand. A little after this is publiſhed, a book entitled, ffDr. Hall of Epiſcop. par. 2. p. 47. ibid. par. 1. p. 63.Epiſcopcaie by divine right. Wherin it is affirmed; That there is not the tenth part of the plea for the Lords day from the writings of the Apoſtles which Biſhops have for their Epiſcopacie. And that there be divers points of faith (weightie points) which have not ſo ſtrong evidence in Scripture: p. 22ſo ſtrong evidence, that Heaven may as ſoon fall, as that fail the Biſhops. Neither was this his opinion alone, but the people generally thought ſo too, and for any other government (I ſpeak of the greateſt number) they knew none: ſo far did they want reaſon and underſtanding to diſcern what they did, when they ſware down Epiſcopacie, and covenanted to maintain and preſerve another kinde of Church-Government when it ſhall be found out, and ſet up by the States.

2. The Covenanter ſwears againſt Popery, but knows he what he doth? or what is intended by it? Luther (as ggMr. Child: his Anſwer to Charitie maintained. p. 82.ſome report of him) was wont to ſay, That himſelf, and almoſt every man elſe, had a Pope in his belly: yet few have it in their heads to tell what Popery is.

Many hold that divers of the Arminian Tenets are nothing elſe but Popery blanched over with hhKings large Declarat. p. 319.a ſpecious ſubtiltie: and for holding them, ſome have been iiPeltius in Harmon. Remonſtr. & So …in. Excuſ. Ludg. Bat. 1633.publickly cenſured as Popiſh. kkWhitg. repl. to T. C. p. 299 559.Whitgift, llEpiſcop part. 3 p. 34.Hall, and mmDefence of his Sermon. l. 1. c 8. p. 139.Downal conclude Poperie upon the Presbyterie: and the Presbyterian diſciplinarians condemne all Epiſcopall juriſdiction as Papiſticall. And many cenſure both theſe, as Popiſh and Antichriſtian.

3. So touching Superſtition, what doth the Covenantor take it for? The Conformiſts formerly have imputed ſuperſtition unto the nnDefence of the three Innocent Cerem. Epiſtle to the Non-conformNonconformiſts in forbearing and forbidding the uſe of the Ceremonies: ſome charge the Pariſh-meeting places with ſuperſtition, and to be pull'd down, as the high places and idol temples. yea, and by the Covenant-oath they ſay it ſhould be ſo. Tithes likewiſe is held ſuperſtition, and all ooAinſw. on Exo. 20. v. 5.Exod 20:5contributing to the maintenance of an unlawfull Miniſterie: yea, there be ſome of opinion, that all Ordinances, (as Prayer, Preaching, Sacraments, &c.) are ſupra Statutum ſuperſtition. Briefly, the Papiſts charge the Proteſtants with ſuperſtition in divers things. I had almoſt forgotten how ſome told me of late in Weſtminſter-Hall, that the red croſſe which hangs there by the wall at the Kings Bench is ſuperſtition, and the ſame (with all others the like) ought to be broken to pieces, and ſuch things to be no p. 23in uſe amongſt us, and the Covenanters ſworn ſo to do.

4. For hereſie it is well known, that this is charged by Papiſts upon Proteſtants, and they again upon the Papiſts: and the Lutherans upon them both: and the ppIn a Book called, Mercy and Truth, or Charity maintained. See Mr. Chillin. Preface in Anſwer to it, pag. 12.Profeſſors of Proteſtantiſme they ſpecially of greateſt worth, learning and authoritie, count Calviniſme hereſie, and little leſſe then treaſon.

5. For Schiſme I ſhall not mention it here, it is a ſecret and myſterie, and therefore to be left alone: The dweller between White-hall and White-chappell imputes it qqVindication of the London Miniſters, p. 6.to Mr. Price, and men of his faction and humour. But the Law ſaith, Teſtes ſingulares non probant. We have next Malignants: and riddle me, riddle me, what is this? In the firſt Centurie of ſcandalous and lewd Miniſters, I finde commonly malignitie applyed to ſuch, as had ſpoken reproachfully of the Parliament, as ſaying, rrCentarie p. 4The Houſe of Commons in Parliament was an unjuſt Court,ſſPag. 9. hypocrites, ſchiſmaticall, and pragmaticall fellows, ttPag 26.a company of factious fellows, no Parliament, that their uuPag. 18.proceeding againſt the Earl of Strafford was wrong full and unjuſt &c. For ſuch expreſſions formerly men indeed have been reputed Malignants, and ſo cenſured. And is it leſſe malignitie, or doth the Covenant exempt ſuch from being malignants (becauſe from Epiſcopacie turn'd to Presbyterie) who ſpeaking of the Parliament, call it an apoſtatizing Parliament, a Covenant-breaking Parliament, a Parliament at whoſe doors may be layed all the errours, hereſies and blaſphemies of the times; a Parliament that hath wrought a great Reformation amongſt us in Church and State, taking away High Commiſſion Court, Star-Chamber, Councell Table, &c. and bringing in the roome thereof ſeverall Committees, whoſe little fingers in the way of oppreſſion, were heavier then the loyns of the former Courts; a Parliament ſuppreſſing Poperie, Ceremonies, Crucifixes, Croſſes, Service Book, &c. and in the roome thereof giving liberty of conſcience, otherwiſe called, a curſed Toleration of errors, hereſies, blaſphemies, and all manner of licentiouſneſſe; a Parliament that hath taken away Ship-money, Coat and Conduct money, Monopolies, &c. and in the roome thereof bringing in Taxes, Aſſeſſements, Freequarters, and the heavie burden and bondage of Excize: which neither we nor our fathers were able to bear.

p. 24And becauſe ſome people might think, that ſuch vile and malicious ſpeeches could not poſſibly proceed from their lips, who ſtile themſelves The Miniſters of Jeſus Christ within the Province of London: I deſire it may be well obſerved, that whereas Mr. John Price in his book entitled, aaClerico Claſ. p. 7. 8.Clerico-Claſſicum, hath charged them with this great malignitie againſt the Parliament, and in particular, names Mr. Cauton, Mr. Cranford, Mr. Caſe, Mr. Love, Mr. Jenkins, and Mr. Taylor, as authors and actors. In the Anſwer which i… lately come forth to the ſaid book, not onelyonly there is nothing ſaid to it, (and ſo granted to be true,) but withall he addes more calumniation and ſlander: yea, and more dangerous and deſtructive to the State.

Your faction (bbVindication of London Miniſt. from the aſperſions of John Price pa. 70. ſaith he) have offered violence to the two Houſes, forcing them to vote and unvote at your pleaſure. ccIbid p. 31.They cannot in their conſcience beleeve that the Members ſitting at Weſtminſter are a free Parliament, ſeeing they are under the Sword: nor a full Parliament, in regard 200. Members of it are forc'd away; nor a compleat Parliament where two States are aboliſh'd. As for the late King, he was not (ddIbid. 47. ſaith he) either an idolater or a Tyrant: the eeP. 68.Army and Councell of juſtice, did put him to death by the impulſe of that ſpirit that now works mightily in the children of diſobedience, becauſe 'twas done without and againſt the Word of God. ffP. 46.The guilt of that innocent blood which hath been ſpilt muſt be expiated and avenged on ſome of the chiefeſt of the Incendiaries: As for themſelves they have ggPag. 39.an holy indignation againſt ſo horrid a fact.

I could take out divers other things from the Covenant, to ſhew, that he who ſwears to it wants underſtanding to diſcern what he doth. But this ſhall ſuffice for the preſent. And I deſire it may be noted, that the Oath is quidlibet ex quolibet, all things, and nothing: it makes everie man popiſh, ſuperſtitious, hereticall, ſchiſmaticall, malignant; and yet makes no body ſo: he that ſhall ſpeak diſgracefully and ſcandalouſly againſt the Parliament, and the proceedings thereof: is a malignant by the Covenant, and yet not a malignant: for the Covenant admits of a divers and contrary ſenſe in one and the ſame thing. A malignant, an Incendiary, &c. if p. 25he ſtands for the Biſhops, but if a Presbyterian: no malignant then, no Incendiarie, and why? not but that it is all one thing, or that he rails leſſe, or ſpeaks leſſe falſly againſt the State; but becauſe, he being his own Interpreter, he takes it otherwiſe.

Object. If it be ſo, a man may the more willingly take the Oath; for though he underſtand not what is meant by the particulars in it, yet taking libertie to himſelf to make ſuch a ſenſe of it as may moſt conduce to his own intereſts, whether for advantage, or for avoiding of danger and damage no hurt can follow; ſpecially ſeeing by equivocation and mentall reſervation, he can ſave himſelf from being diſcovered in any dangerous deſigne.

Anſw: 1. An Oath cannot lawfully be taken, till the doubts and ſcruples be reſolved and cleared, which might any way trouble the conſcience of them who are indeed rightly religious. The Divines of hhThe Miniſt. and profeſſ. of Aberdine in their generall demands. p. 14.Aberdene ſaid well, That the words of an Oath ſhould be clear and plain: and if they be any way ambiguous, the true ſenſe of them ſhould be ſo declared and manifeſted, that all may know it. And if moſt of theſe doubts before propoſed ſhould be found to be frivolous (which we do not conceive of any one of them) and but one of them contain a juſt ground of ambiguitie, iiMr. Ley Defenſive doubts. p, 109.That one is enough while we are in ſuſpenſe concerning the meaning of the Oath to ſuſpend our diſſent from taking thereof. For the compariſon (brought by the prudent compoſer of the Hiſtory of the Councell of Trent) we take to be true, and of much importance to this purpoſe, which is, kkHiſt. Concil. Trident. l. 2. p. 212.Sicut enim particularis univerſalem contradictoriam falſam efficit: ita particularem ambiguam, incertam reddere univerſalem. For as one particular maketh falſe the contradictorie univerſall: ſo one ambiguous particular maketh the univerſall uncertain.

2. It reſts not in the power of an inferior (whether he be the taker or miniſter of the Oath) to put his private conceit for the ſenſe (which is the ſoul) of a publick conſtitution; and if he do ſo, we cannot but doubt of it (though it ſeem never ſo plauſible) unleſſe it be allowed by the Authoritie which chargeth the Oath upon the conſcience. And this conſtruction we are taught to make by the explanation p. 26of the Oath in Scotland, publiſhed by Marqueſſe Hamilton the Kings Commiſſioner there, in theſe words: llThe explanation of the Oath in Scotland in the Kings large Declar. p. 328.Oaths muſt be taken according to the minde, intention and commandment of that Authoritie which exacteth the Oath. Again, mmThe Kings Declaration of the Tumults in Scotl. p. 177An Oath muſt be either taken or refuſed according to the known intention of him that doth miniſter it, nnIbid. p. 347.eſpecially if it be a new Oath. To the ſame ſenſe, though in different words, ſay the Aberdene Divines, ooThe Miniſt. and Profeſſors of Aberdene in their generall Demands, pag. 14.An Oath is to be given according to the minde and judgement of him that requireth it. The old rule (which is a maxim) ſaith, ppRegul. juris. ….Is committit in legem, qui legis verba complectens, eontra legis nititur voluntatem. He offends againſt the Law, who cleaving to the words of the Law, leaveth the will of the Law, that is of the Law-maker. For men therefore to take an Oath contrary to the minde of them that require it, or before their minde is known, and the plain and common ſenſe and underſtanding of the Oath reſolved and cleared, from whoſe authoritie and power it proceeded, and to put their own private conceit for the ſenſe, it is a very unlawfull act, both in point of Law and conſcience.

3. Note what miſerie and miſchief ſome men have brought upon themſelves and others, in taking the Covenant in their own ſenſe, and not knowing the intention of that Authoritie which exacted the Oath. Tis urged, that qqVindication of the London Miniſters, p. 36the Covenant binds to preſerve the doctrine, worſhip, diſcipline, and government of the Church of Scotland: but who knows here, the minde and judgement of the State? For it is ſaid a little after, according to the Word of God: and therefore unleſſe the Parliament had reſolved and declared in a plain and common ſenſe, that the worſhip, diſcipline and government of that Church was according to the Word of God: It is onelyonly a Presbyterian private conceit for the ſenſe, to ſay that the Covenant binds to preſerve the worſhip, diſcipline and government of that Church. Again, the Covenant (ſaith he in the ſame place) ingageth to extirpate hereſie and ſchiſme: it doth ſo: and popery and ſuperſtition likewiſe, though he names it not: but muſt not this be taken according to the intention of that Authoritie which gave the Oath? and where is that thing as yet declared? The Covenant (ſaith p. 27he) ties us to endeavour after a uniformitie in Religion and form of Church Government: it would have been plain dealing to have ſet down the reſt, to wit, according to the Word of God, and the beſt reformed Churches. But what is this for the Preſbyterian way? the Parliament hath not any where (to my knowledge) acknowledged it to be jure divino, neither is any man tyed by that Covenant to ſubmit to it, or to endeavour the promoting thereof.

Again, be it granted (as he ſaith) the Covenant binds to preſerve the priviledges of Parliament: yet there is no breach of the Oath to reſiſt ſuch men who proceed extra judicialiter: becauſe while the Magiſtrate doth againſt his office he is not a Magiſtrate: For rrL. Meminerint 6. C unde vi.law and right, not injurie ſhould come from the Magiſtrate. ſſL. Prohibitum C. de Iur: fife. L. quemadmodum 39. S: Magiſt: ad L. Aquil. l. Nec mag 32▪ de injur.The Law gives every private man power to reſiſt, if the danger be irrecoverable, yea though it be recoverable. So ttMarantius diſ. 1. n. 35.Juriſts ſay, that a private man hath the ſame Law to reſiſt, and in a recoverable loſſe, they ſay, every man is holden to reſiſt: uuD. D. Iaſon n 19. dec n. 26. ad l. ut vim de iuſt. & jur.Si evidenter conſtet de iniquitate; if the iniquitie be known to all.

It adds much to the unlawfulneſſe of this Oath, that men were compelled to take it: for if it had been left to every mans choiſe and libertie, whether he would have ſworn to the particulars, or not, there had been more reaſon for that, and leſſe danger in it. At Geneva both Miniſter and people xxMr. Hookers Preface before his Eccleſ Pol. fol. 5. p. 1.took an oath, for ſhutting out of Popery: but were not urged unto it, by any commination of danger, that ſo their ſwearing might be with a free will, not mixt with reluctancie of conſcience, or with fear of penaltie.

It hath been by ſome much complained of, and held to be a great oppreſſion, when under the Prelate one was to deviſe a form of Prayer (plain enough for the ſenſe) and another conſtrained under a great penaltie to obſerve and uſe the ſame. Here is a ſtinted Oath ſtuft with ambiguitie, dark and doubtfull termes: 'tis deviſed by one, impoſed upon another; and though the taker be not ſatisfied in point of conſcience touching the lawfulneſſe of it, yet he ſhall be fined, ſequeſtred, put out of his place, calling, livelihood, p. 28&c. if he refuſe to take it: Reader be thou judge where lyes the greateſt oppreſſion.

The Parliament hath lately, truly, and piouſly declared, yyAnſwer to the Scots Commiſ. p. 16.As for the truth and power of Religion, it being a thing intrinſecall between God and the ſoul, and the matters of faith in the Goſpel ſuch as no naturall light doth reach unto; We conceive there is no humane power of c…ertion thereunto, nor to reſtrain men from beleeving what God ſuffers their judgement to be perſwaded of. aaExpoſition on Iude, v. 8.The civill Authority (ſaith Mr. Perkins) hath no power, or rule over the things of God. This being ſo, I cannot ſee, any Scripture-rule or warrant, that the Magiſtrate hath, to compell any man to ſwear that he ſhall endeavour the preſervation and eſtabliſhment of ſuch a worſhip, doctrine, diſcipline, and the extirpation of this or that Church Government. I ſpeak not of what doctrine, worſhip and government the higher Powers may think fit to ſettle in a Kingdom, what to permit, and tollerate, or what not: But to require an oath of the people that they ſhall embrace this way, or oppoſe that thing in matters of Religion, this I humbly conceive is a buſineſſe wherein they are not concerned.

Object. But we read in Scripture, that a Covenant hath been impoſed by the Magiſtrate upon the people, and they have been required by oath to take it; yea, and in caſe any ſhould refuſe to binde themſelves by oath to obſerve the ſame, they were to be puniſhed: and for this there are ſundrie inſtances: as in Nehemiah, Ezra, Hezekiah, Joſiah, Aſa.

Anſ: That nothing can be truly gathered from ſuch examples, to juſtifie this Covenant which we oppoſe, or to prove the lawfulneſſe of it, I ſhall here clearly demonſtrate by theſe Reaſons.

1. For that which was done in Nehemiahs time, with whom I alſo joyn Ezra in the work of Reformation: firſt it appeared that none were conſtrained to go up to Jeruſalem, for the building of the Lords houſe, but ſuch bbEzra 1. 3, 4. 2 Chron 36. 23.Ezra 1:3Ezra 1:42 Chr 36:23among the people as would, and with whom their God was: ſuch indeed (and none elſe) had libertie granted, and means allowed them, to return: but as for compulſion or violence, there was not any uſed.

p. 292. Touching that Covenant which they made, wrote, ſealed, and ſwore unto: let it be obſerved: 1. That Ezra and ſuch as went with him, before their journey ccEzra 8. 21.Ezra 8:21humbled themſelves by faſting before the Lord for direction. 2. When they were come to Jeruſalem, not onelyonly was there much weeping and wailing ddEzra 9▪ 1, 2, 3.Ezra 9:1Ezra 9:2Ezra 9:3by him for the fins of the people, but alſo great eeEzra 10. 1, 2. 10, …1, 12. 18, 19, &c.Ezra 10:1Ezra 10:2Ezra 10:10Ezra 10:12Ezra 10:18Ezra 10:19manifeſtation and practice of repentance, and amendment of life by all the Congregation.

3. As the Covenant tyed them onelyonly to the keeping of the Law, ſo when all ffNeh. 8. 1. 3, 5, 7, 8, 9, 12.Neh 8:1Neh 8:3Neh 8:5Neh 8:7Neh 8:8Neh 8:9Neh 8:12the people were gathered together as one man, they had the Law read and expounded unto them, to the great humbling of all the people at the firſt, but afterwards to the great rejoycing of them all, BECAUSE THEY HAD UNDERSTOOD THE WORDS THAT WERE DECLARED UNTO THEM: And in the laſt place, and for the ſhutting up of all, ggNeh. 9. from v. 1. to 38.Neh 9confeſſing their ſins, and the iniquities of their fathers, with faſting, and with ſackcloths and earth upon them; hhCh 9 39.the Princes, Levites, Prieſts, iiNeh. 10. 28, 29.Neh 10:28Neh 10:29and all they that had ſeparated themſelves from the people of the Land, voluntarily and freely covenanted (not through compulſion and fear) to walk in Gods Law, which was given by Moſes the ſervant of God, and to obſerve and do all the Commandments of the Lord their God, and his judgements, and his ſtatutes, every one having knowledge (mark it well) and having underſtanding. There needs no application, the ſetting down of theſe things, with the Readers bearing in minde what I have formerly manifeſted, is conviction ſufficient of the other Covenant, or at leaſt to finde nothing there for it's juſtification, no not ſo much as a leaf to cover the nakedneſſe of it:

2. For Hezekiahs time, I finde nothing in the Hiſtory of his life, in relation to this buſineſſe: It is ſaid, they kk2 Chron. 30. 5. 11. 1.2 Chr 30:52 Chr 30:112 Chr 30:1made a Proclamation throughout all Iſrael, that they ſhould keep the Paſſeover at Jeruſalem, and divers of Aſher, and of Manaſſeh, and of Zebulun came thither: but this was willingly, not by any compulſive law: for 1. he had no authoritie over them at all. 2. It was llVer. 12.the hand of Gid (upon them and) Judah to give them one heart to do the commandment of the King. 3. Whether p. 30they were of Iſrael or of Judah, mmVer. 25.the whole congregation rejoyced in the work, and good reaſon too; for they well knew what they then did, it was their duty to do, and no more but what they had formerly by Covenant obliged themſelves unto.

3. And for Joſiahs time, it is written, nn2 Chron. 34. 30, 31, 32.2 Chr 34:302 Chr 34:312 Chr 34:32he made a Covenant before the Lord (all the men of Judah and the inhabitants of Jeruſalem, and the Prieſts, and the Levites, and all the people great and ſmall being preſent) to walk after the Lord, and to keep his Commandments, &c. And he cauſed, or appointed (for the word ſignifies no more) all that were preſent in Jeruſalem and Benjamin to ſtand to it. oo2 Kin 23. 3.2 Kgs 23:3And all the people ſtood to the Covenant. Note 1. pp2 Chron. 34. 30.2 Chr 34:30it is ſaid, he read in their ears all the words of the book of the Covenant, that was found in the houſe of the Lord. So there was nothing that he tyed them unto, but what they certainly knew to be juſt, holy, and good. 2. He cauſeth them not to ſtand unto any thing, but what before they had covenanted and promiſed to do: and therefore here was no new Oath, or properly any making of a Covenant, but a renewing rather of their Covenant: no ſolemn League and Oath to bring in, and eſtabliſh amongſt them, a new worſhip, diſcipline, and Church Government, but a publick engagement to continue in ſuch a religion to which they had before ſubmitted.

Now Reader wipe thine eyes, that thou mayeſt ſee, how Joſiahs Covenant, and ours, do look in the face one like the other.

1. Joſiah reads the words of the Law to the people, and to this onelyonly would have them promiſe obedience: Our Covenant requires ſome thing againſt the Law of God, as that a murderer, traitor, tyrant, &c. if a King, ſhall not be put to death: ſo the Presbyterians expound one clauſe of it.

2. Joſiah obligeth them by Covenant, onelyonly to ſtand, for and to ſuch things, as they knew what they were, and to be lawfull: for there was nothing propounded to them but the very Word of God. Our Covenant hath much in it not onelyonly ſo doubtfull and ambiguous, as no man knows p. 31what is meant by it, but alſo what is apparently diſagreeable to the Word of God.

3. There is nothing in Joſiahs Covenant as tying the people to the practice of, I ſay not any one particular thing, but what before they had promiſed to do: our Covenant requires an oath to endeavour the preſervation of the Scots worſhip, diſcipline, Church government, &c. and (ſome ſay) to ſettle Presbyterie tho…ow all the three Kingdoms: a thing before never promiſed by us, nor by our forefathers: never allowed before by Authority in the Land, or practiſed by the people.

4. Joſiah did not cauſe the people to ſwear againſt a former Oath, but obliged them to keep the oath which formerly they had made. By our Covenant men are ſworn to endeavour the extirpation of Church government by Archbiſhops, Biſhops, &c. howbeit many times before qqSee the oath of the late 6. Canon.without and equivocation, or mentall evaſion, or ſecret reſervation they had taken a ſolemn Oath never to give their conſent to alter the ſame.

5. Joſiahs Covenant took in onelyonly the members of that Church, and although many took the Covenant yet they were the Jews onelyonly, and amongſt them, Judah and Benjamin. But out Covenant takes all in, even three Kingdoms at once, England, Scotland and Ireland: not in reference to a viſible Church▪eſtate: for it puts no difference between people within or without, the taking of the Oath is all the condition of the perſon no way conſidered of.

6. Joſiahs Covenant was ſuch as all the people ſtood to it: but this was ſo unlike to that, as many conſcientious and tender hearted Chriſtians, utterly refuſed it, and ſhewed the unlawfulneſſe of it, and not a few who took it, did it meerly to prevent danger.

4. And in the laſt, of Aſa it is ſaid, rr… Chron. 15. 9. 12, 13.He gathered all Judah, and Benjamin, and Manaſſeh, &c. and they entred into a covenant to ſeek the Lord God of their fathers, &c. That whoſoever would not ſeek the Lord God of Iſrael ſhould be put to death, whether ſmall or great, whether man or woman. It may be ſome will think the Covenant is warranted by this example: but here it hath no relief nor countenance: and thus I prove it.

p. 321. This Covenant of Aſa is the very ſame with that of Joſiah mentioned before, and ſo cannot juſtifie ours, upon the aforeſaid reaſons and grounds.

But 2ly, if Aſas example be the ground of our Covenant, then whoſoever ſhould refuſe to take the Covenant, ought to be put to death: For any other puniſhment, as ſequeſtration, finement, impriſonment, &c. it is not juſt, nor comes up rightly to the thing: for if a man undertake to prove any act puniſhable, by this precept or that example in Scripture, he cannot appoint to it any other kinde of puniſhment but what the place mentioneth (it being there plainly determined) that ſame (I ſay) muſt be inflicted, and no other.

And here (to make a little digreſſion) there is a fit occaſion offered me to diſcover the great deceit of ſome men, in abuſing the Magiſtrates, preſſing them by civill puniſhment to ſuppreſſe Sectaries and Hereticks, and to prove that it is their duty ſo to do, theſe Deut. 13. 6, 7, 8, 9. Exod. 22. 20. & 31. 14. Levit. 24. 16. Deut. 17. 23. 45.Deut 13:6Deut 13:7Deut 13:8Deut 13:9Exod 22:20Exod 31:14Lev 24:16Deut 17:23Deut 17:45Scriptures are commonly cited, which is puniſhing with death: but perceiving that to urge the execution of the Law in ſuch a way, would not relliſh, nor well take with them, here they are ſilent; but in the mean time ſhew the more hipocriſie, for if the Parliament be to act according to theſe Scriptures againſt Browniſts, Anabaptiſts, Seekers, Arminians, why do they ſpeak onelyonly of ſilencing them? and would reſt if they were reſtrained of libertie? Certainly either theſe Scriptures taken from the Law, give the Magiſtrate no power to puniſh ſuch men at all for their conſcience, or if they do, it is to put them to death. And therefore the Papiſts (being truer to their grounds) upon theſe Scriptures hold it not onelyonly to be no fin, but good ſervice to God to extirpate by fire and ſword all that are adverſaries to, or oppoſers of the Church and Catholick Religion, and that hereticks ſhould be delivered to the Civill Sword, and without merciemercy put to death. So write ſſIn 2 am, 2 ae, diſp. quaeſt 11. punct. 3.Gregorius de Valentia, ttDe Tripl. virtut. Tract 1. diſp. 23 ſect. 2.Suarez, uuInſt. moral: Tom. 1. l. 8 c. 14.Az…r, xxSumma part. 3. Tract. 1. quae. 6. & 9.Becan: yyIn 2 am, … ae, diſp. 56. dab▪ 1.Turrian. And that Schiſmaticks may be puniſhed with almoſt all the puniſhments of Hereticks. So aaDe Trip virt. Tract 3. diſp. 12. Sect. 12.Suarez.

3. To come again to the matter in hand, whereas it is p. 33ſaid, bb2 Chron. 15 15.2 Chr 15:15All Judah rejoyced at the Oath; and the reaſon is added, For they had ſworn with all their heart, and ſought him with their whole deſire. This ſhews, that as the Lord had choſen this whole Kingdom to be his people, and raiſed up this, and the like notable inſtruments of Reformation amongſt them, ſo did he upon this and the like occaſions work a moſt wonderfull and extraordinarie work upon them, bowing their hearts univerſally to the love of his Word for the preſent, and to the receiving of the ſame with joy, together with all readineſſe to the obedience of his Commandments: The like unto which never was, nor ſhall be ſeen to the end of the world, in a whole Kingdom, except the Lord do again chooſe one Nation from all other Nations, to be his people as then he did.

4. Howſoever the Kings of Judah according to the diſpenſation of thoſe times, were to deſtroy and put to death Idolaters, blaſphemers, &c. and ſo to weed all ſuch wicked ones out of the Church by the Sword: yet I deny that any King now upon earth is by the Word of God, to draw all people under his Dominion into a Solemn League and Covenant with the Lord, (how much leſſe before they be conveniently taught) and to confirm the ſame by Oath, and to inflict death upon all them that …efuſe it, (for there is no other puniſhment if the practice be taken up from the example of the Jews) or remain wicked and unrepentant, as the Kings of Judah were to do by the people of that Nation.

That godly Magiſtrates are by compulſive Laws to repreſſe publick and notable Idolatrie, as alſo to provide that the truth of God in his Ordinance be taught and publiſhed in their Dominions, I make no doubt: It may be alſo, it is not unlawfull for them by ſome penaltie or other, to provoke their Subjects univerſally unto hearing, for their inſtruction and converſion: but if they ſhould hold it their duty as the Kings of Iſrael held it theirs, to ccPſal. 101. 8:Ps 101:8deſtroy all the wicked of the land, and to ſlay all that would not ſeek the Lord God of Iſrael, with all their heart, and with all their ſoul, whether great or ſmall, man or woman: and ſhould p. 34practice accordingly, they would have very few Subjects to rule over.

To theſe conſiderations let this be added, that when David the famous King of Iſrael, and a man acquainted with the minde of God, had ſubdued the Nations round about him, and made them dd2 Sam 7. 1, 2, 3, 6.2 Sam 7:12 Sam 7:22 Sam 7:32 Sam 7:6Tributaries, and reigned over them: he did not, that we read of, by compulſive Laws, require them to take an oath that they would endeavour the ex…irpation of any falſe worſhip, and embrace the doctrine, worſhip and diſcipline of the Jewiſh Church. But you will ſay, thoſe Nations were Heathen, and Infidels, and ſuch as made no profeſſion of Religion, nor were circumciſed. To which I anſwer: 1. Amongſt the reſt over 1 Ver. 14.whom David ruled, the e Edomites are named, which were the poſterity of holy Abraham, as well as the Iſraelites, coming of Eſau, as they of Jacob: who did alſo (beſides many main truths) retain circumciſion, and that true alſo, as well as ſome retain true baptiſme: and by which they might (for ought I know) as truly be deemed the Lords people, though in a poſtacie, as Atheiſts and Papiſts by the other. 2. The groſſer the errour is, the eaſier it is to be diſcerned, and ſo the leſſe danger to impoſe an Oath againſt it. 3. If a Magiſtrate have under his power Infidels and Chriſtians, I ſee no reaſon why he ſhould more trouble the Chriſtians conſcience, then the other in matters of Religion.

And as the Word of God gives no allowance to force men involuntarily, and for fear of ſuch and ſuch penalties to take the Covenant, ſo it is againſt Law and reaſon that any compulſion ſhould be uſed, but people ought to have been left to their own libertie and choiſe, as we ſaid before. It is well known that the Law ſaith, ffTex: in C. quando iure…ur m▪ 6. tandem l. 1.Edicto Praet ris reſcinditur, quod me… geſtum eſt: By the Edict of the Pretor what is done through fear is of no force: Quod non tam ve… bum eſſ… hominis, quam Dei vocem, ſaith a great ggBl: conſ: 133 Col 2.Col 2Lawyer. Juramenta vi extorta, non eru…t praeſtanda, hhIſidor etiam C. non eſt. 22. q. 4 In C. cum contingat 20. jus.ſaith the Canon Law. Decret. l. 2▪ c. 2 fol 157. p. 2. col. 2.Again, Juramento meticuloſo abſ…lutio per judicem Eccleſiaſticum. So among the Emperiall Laws, there are p. 35theſe words of Frederick the Emperour: iiAuth Sacram▪ publ. C. ſi adverſ. vendit.Sacramenta per vim vel per juſtum metum extorta, etiam à majoribus (maximè ne quaerimoniam maleficiorum Commiſſorum faciant) nullius eſſe momenti ju emus. And that it is againſt pure reaſon too, I prove thus.

1. This is a naturall principle, Quod tibi jus fieri, hoc alteri fac; & quod nolis tibi fieri, alteri ne facias. Now who is there, making it his own cauſe, would willingly be compelled to take an Oath, in a matter which he thinks is either falſe, or doubts of the truth of it; or if true in his underſtanding, yet makes queſtion whether he have any reaſon or ground to ſwear: and yet muſt either ſwear or ſuffer. But ſo it was here in many mens caſes.

2. Pure reaſon teacheth a man ſo to conſider his neighbour, as not onelyonly not to caſt him down; or if fallen, not onelyonly help to recover him, but to keep him up what he can, that ſo he fall not. Baſil (as kkBaron. Annal. Tom. 6. an▪ 449. nu. 12. col. 83.Baronius reports) would not have Biſhops to ſwear in reſpect of the perill of an Oath; And the llThe Coun of Challons, Can. 18. p. 560. Sympſ. of the Church.Councell of Challons inhibited and diſcharged the Clergie from a certain Oath which formerly they had been compelled to take, in regard it was perillous: how perillous this Covenant is, we have ſhewed already in many particulars: ſo that to ſpeak the truth, there was no reaſon it ſhould be taken at all; but leſſe reaſon that any man ſhould be forc'd to take it: this was not the way to prevent our brothers falling, but rather with both hands to throw him down.

3. There is no reaſon that a man ſhould accuſe himſelf, the Word of God requireth two or three witneſſes unto every lawfull eviction and condemnation. Which Mr. Lambert ſtood upon when he was examined about the Oath ex officio, whether he thought it lawfull or no: mmAct: and Mon. p. 1021. 1022.It is not lawfull (ſaith he) for a man to ſwear when a man knoweth not what they will demand of him, or whether it be lawfull to ſhew them the truth of their demands or no, or whether the matter will bear an Oath, or if it will, whether there be no other means left to bowlt out the truth. If the Judge require an Oath in lawfull and convenient manner, as in controverſies which cannot otherwiſe be decided p. 36betwixt neighbour and neighbour, I think my ſelf bound to ſwear: but if he put me to my oath to bewray my ſelf, or to bewray any other, this being contrary unto charity, I count it expedient to hold me ſtill. If a man have acted contrary to the things contained in the Covenant, though his minde gives him he hath done well in it, yet being by Oath obliged to diſcover ſo much, how can he diſpence with his Oath in concealing it? and if not, how can he fulfill that Commandment, which requires him, not to deſtroy, but to ſave himſelf? Thus he fals into a ſnare, and either neceſſarily muſt break his Oath, or Gods Law.

4. If a Magiſtrate be to impoſe an oath which may be diverſly accepted, and what is truly intended cannot be known, unleſſe the proper ſenſe be plainly given, there is no reaſon that a man ſhould take it, till he directly know in what acceptation or ſenſe he ſhall take it; and therfore to be compell'd to take it before he knows ſo much is very unreaſonable.

If there were nothing but this to be objected againſt the Oath, it were ſufficient to manifeſt the unlawfulneſſe of it, and to prove that it wanted the eſſentiall part and propertie of a true Covenant, and ſo binds not any mans conſcience to keep it. I ſhall not here make repetition of things before ſpoken; this onelyonly I adde, that the Covenant is ſuch a ſtrange thing, as when a man keeps it he breaks it, and breaking it he keeps it. I could multiply inſtances here, to let men ſee the weakneſſe, abſurditie, contradiction, &c. of it in this particular, but it is not worth the labour and time.

It is a queſtion diſputed by Divines, and Lawyers, whether it be lawfull to impoſe an oath, to be taken by ſuch an one, as we think making no conſcience of it, will not ſtick to forſwear himſelf, if he be put to it: And it is uſually anſwered by diſtinction, that for a private man to impoſe upon ſuch a man an Oath for his gain and private reſpect, it is altogether unlawfull; becauſe we are bound to prefer the glory of God which by ſuch an oath is impeached, and the ſalvation of our neighbours ſoul which p. 37hereby is indangered, before any gain and advantage. And conſequently we ought rather to loſe any worldly benefit, then that by ſuch an Oath we ſhould ſuffer God to be diſhonoured, and our neighbour loſe himſelf.

Again, howſoever it be granted, that the Magiſtrate may lawfully put ſuch an one to his oath; yet ſo: nnThomas 22. Quaeſt. 8. Art. 4 Selnec. parte 1. paedag. p 75.1. if the truth may not by other poſſible means be cleared, and juſtice executed: ooMartyr. in Loc. com. p. 240. LL. minime peccat.and 2: it muſt be in a neceſſary, weightie and great cauſe.

1. For the laſt Article in the Covenant which is indeed the plaineſt and cleareſt of all, and concerns perſonall Reformation; howſoever I grant every wicked man ſhould repent and amend his life, yet I deny that the Civill Magiſtrate hath any Authority to make him ſwear, that he ſhall become a ſpiri…uall and religious man: there are many things both civill and divine which men ought to do, yet there is no warrant for the Magiſtrate that he ſhall by oath compell them thereunto: newneſſe of life is a ſupernaturall thing, and onelyonly by the Spirit of God wrought in us, and therefore the leſſe reaſon to put a poore ignorant ſoul to his oath that he ſhall do it. What haſt thou to do (ſaith the ppPſal 5 …Ps 5Pſalmiſt) that th…u ſhouldſt take my Covenant in thy mouth, and hateſt to be reformed? Mr. Bakewell ſpeaking of ſuch men as may lawfully take an oath, deſcribes them thus: qqMr. Bakewel againſt the Anabaptiſt.He that ſweareth ought to ſee in his own conſcience that he is fit to take an oath▪ and thereby to worſhip and glor fie God: for he that ſweareth aright, ought to have his heart ſmitten with fear and aw towards God, as in all the parts of his worſhip: and therefore a prophane man that hath no fear of God in his heart, ought not to ſwear. So he.

To impoſe therefore ſuch an Oath as this, upon three Kingdoms, and to have it taken by prophane men, who had no fear of God in them, and by ſuch as it was well known before-hand would make no conſcience of the Oath, but forſwear themſelves if they were put to it, let the Reader conſider upon what ground (whether pious or politick) the buſineſſe was taken up and carried on. rrH…nr. Velſten Po…. deca. 6. Qu 9 p 192Qui ju…amentum a malo viro poſtulat inſanus eſt, ſaith Apollodorus. p. 38He ſhews himſelf a mad man that would have a wicked man to ſwear: he means when he knows before-hand that he will forſwear himſelf.

2. Howſoever there be ſome reaſon to think, that the Scots (at leaſt many of them) meant indeed as they ſwore, to maintain & preſerve the worſhip and diſcipline of their own Kirk: and to endeavour the extirpation of Prelacie. Yet there is no reaſon that any man ſhould think, that the Engliſh and Iriſh conformable Proteſtants, generally ever meant to promote the one, and ſuppreſſe the other. Oh what a number both here and there took the glorious Name of God in vain, when they were compelled through fear, to ſwear againſt the Government by Archbiſhops and Biſhops: I confeſſe it was the leſſe binding, becauſe the Law ſaith, ſſL. 11. Sect. circa de except. doli teſ…em.Promiſſio & juramentum ſine cauſa factum eſt inefficax. Now certain it is, there was no cauſe, I mean neceſſarie, weightie, juſt, to require ſuch a thing: It is one thing for the Magiſtrate to put down a publick worſhip and Nationall Church Government, finding it unſafe or unwarrantable: and another thing to compell the whole Nation by oath, to conſent to it, and approve the ſame. ttOleaſter in Exod. 20. v. 7.Exod 20:7Oleaſter, obſerving how the Name of God is taken three wayes in vain, makes the ſecond to be thus: In rem quam non intendis impleri, upon a matter which thou doeſt not purpoſe to fulfill. They muſt needs be blinde, that did not fore-ſee, that many would forſwear themſelves, if they ſhould be put to ſwear againſt the Government by Biſhops; and therefore ſo much being fore-ſeen, it ſhewed the leſſe pitie and compaſſion to put it upon them.

3. When one malignant ſware to diſcover another, and to bring forth his brother malignant unto condigne puniſhment: was not this to impoſe an oath upon one, of whom the impoſer could not poſſiblie but think that he would forſwear himſelf, and play the Fox?

Aſtutam vipido geſtans ſub pectore vulpem,

Ore aliud retinens, aliud ſub pectore condens.

Being a ſuttle Fox, under a ſtinking breaſt,

One thing in heart, another is expreſt.

p. 39Auguſtine to this purpoſe ſpeaketh well: uuAuguſt: in decollatione Iohan. Bapt: & habetur 22. Q. 5, ille qui.Qui hominem provocat adjurationem, & ſcit eum falſum juraturum eſſe vincit homicidam, quia homicida corpus occiſurus eſt, ille animam; imo du…s animas, & ejus animam quem jurare provocavit, & ſuam, &c. Ecce jurat, e…ce perjurat, tu quid inveniſti, imo & tu periiſti qui de illius morte ſatiari voluiſti. Whoſoever (ſaith he) provoketh another to ſwear, knowing that he will ſwear falſly, he is worſe then a murderer; becauſe a murderer killeth but the body, this the ſoul, yea two ſouls at once; his whom he provoketh to ſwear, and his own. Behold he ſwearech, forſweareth, and periſheth; and what haſt thou found thereby? yea thou haſt loſt thy ſelf, who wouldeſt no otherwiſe be ſatisfied but by his deſtruction. And in another place, xxSerm▪ de perjuriis.He that inforceth one to ſwear whom he knoweth will ſwear falſly, is a murderer. Ille enim ſuo perjurio ſe interimit, ſed iſle manum interficientis preſſit & impreſſit. For he killeth himſelf with his pe…jurie, but the other thruſteth and helpeth forward the hand of the ſelf-murderer.

I wiſh theſe places may be well conſidered: for ſo ſome men would the better ſee their own evils and ſins: The breach of the Covenant is much complained of: but upon whom doth the guilt chiefly lye? truly on the compoſers and promoters of it. yyIſa. 9. 16.Isa 9:16The leaders of this people cauſe them to erre, and they that are led of them are deſtroyed. If the matter of the Oath with the condition of the Takers be duely weighed, it could not otherwiſe be expected, but that the people for the moſt part would forſwear themſelves, if they ſhould be put to it. Now to conclude this point, what the Covenant is in a ſhort account I will here ſhew the Reader: it hath two parts, the one contains a number of uncertain, dark, doubtfull and ambiguous words, the meaning whe eof no man knows, but like the Heathen Oracles may divers wayes be interpreted and taken: The other part contains ſome things ſo clear and manifeſt againſt moſt mens opinion, that it was altogether unſeaſonable at that time, (if it had been lawfull at ſome other time) to impoſe it: neither could the people then of this Land without ſinning againſt their conſcience ſwear to it.

p. 40I ſhall onelyonly now ſpeak a few things to ſome objections, and ſo will end this preſent Diſcourſe.

Object. 1. This Covenant by many godly and learned Divines, is much pleaded for, many places of Scriptures aaLevit 26. 25 Iſa. 24 5 and 33. 8. Ier 11. …0, 11. & 34. 18, 19, 20 Ezek 16▪ 59▪ & 17 16. 18, 19. Amos 1. 9▪ Mal 2. 10. Matth. 5 33. Rom. 1. 31.Lev 26:25Isa 24:5Isa 33:8Jer 11Ezek 16:59Ezek 17:16Ezek 17:18Ezek 17:19Amos 1:9Mal 2:10Matt 5:33Rom 1:31cited in their Sermons preſſing the carefull keeping thereof, a great deal of mourning in their Prayer at Faſts and other times, becauſe it is neglected, and Gods judgements terriblie threatned againſt the whole Nation for it. In brief, as for themſelves they ſav▪ bbIn th Miniſters of London their Letter to his Excellencie▪ p. 6.Though ſome may eſteeme it no more then an Almanack out of date, yet we look upon it as the Oath of God, religious, ſacred, and inviolable, in whoſe Name we have ſworn, and who will certainly require it at our hand. We know with what a jealous eye, and ſevere hand, the ccEzek. 17. 14, 15. 18. 19.Ezek 17:14Ezek 17:15Ezek 17:18Ezek 17:19Lord avenged the quarrell of his Covenant made by Zedekiab to the King of Babylon though extorted from him, and prejudiciall to him. We dare not therefore (when we have lift up our hands to the moſt high Gad) by the violation of a more righteous Oath provoke the wrath of the Lord againſt us, who is the ſearcher of all hearts, and to whom we muſt give an account at the great day.

Anſw. 1 When the Proteſtant deals with Papiſts againſt their humane inventions, and the Puritan againſt him, commonly uſe this argument as a full and ſolid refutation. ddAmbr. de virg l. 3.Nos nova omnia quae Chriſtus non docuit jure damnamus, quia fidelibus Chriſtus eſt: ſi ergo Chriſtus non docuit quod docemus nos illud deteſtabile judicamus. We juſtly condemne all new things which Chriſt hath not taught▪ becauſe Chriſt is the way for faithfull men: If therefore Chriſt hath not taught what we teach, we hold it worthy to be detſted. That this Covenant is a new thing, an earthly creature, not warranted by the Word of God, but ſprung out of mans fooliſh brain, I have formerly proved at large: and ſo the ſame reaſon here is every way, and altogether as effectuall and forceable to condemne it.

2. What the opinion is of theſe learned and godly Divines touching an unlawfull Oath and Covenant, I know not; but this I know well, that men as lea…ned and godly as they, teach that ſuch ought to be broken, and not kept. Explicat. C tech. par. 3. pa. 655.Qui ſervat juramentu…n illicitum, bis peccat, ſemel male jurand, p. 41& iterum male juratum ſervando, ſaith Ʋrſinus. So eeComment. in Matt. 14. 10.Matt 14:10Pareus. Four Treat. pag. 54.Thoſe Oaths are laudablie broken (ſaith Mr. Downam) which are unlawfully made. And to this both ffChemnit. harm Evang. c 74. p. 1071.Lutherans and ggCorn. A lapid: in Mar. c. 6. v 26Mark 6:26Papiſts conſent. Philo ſpeaking of thoſe Vows and Oaths whereby men binde themſelves contrary to that which God hath commanded, thus writeth: hhPhilo de leg. ſpecial.Quaſi non melius Deo que gratius ſit tale perjurium modo ſerventur leges, &c. As though (ſaith he) to forſwear in ſuch a caſe for the keeping of Gods Laws were not much better and more acceptable … God. For a man addeth ſin to ſin whileſt he abuſeth his oath; wheras he ſhould rather forbear from evill doing. Let him therefore forbear, and humbly intreat God, that of his merciemercy he will pardon the unadviſed raſhneſſe whereby he was led headlong to ſwear: For to double the fault when thou mayeſt disburden thy ſelf of the one half, is very great madneſſe, and ſcarcely poſſible to be cured. So he.

2. Howſoever I hear theſe men profeſſing iiLetter to his Excell p. 1.not to be wanting in that ingenuity and candor which become the Miniſters of Jeſus Chriſt; And among themſelves to riſe up and call one the other kkVindication Epiſtle.bleſſed, and ſuch as make the glory of God, and the good of ſouls the mark they ayme at, in the courſe of their miniſtery: Men that will not ſuffer the ſins of the times to be quiet, whoſe names are as precious oyntment poured forth, ſpreading the ſweet ſavour of the knowledge of Chriſt in many places, &c. Howſoever (I ſay) I hear them thus to ſay of themſelves; and each of other; nevertheleſſe if their ſayings and doings about this Covenant be well obſerved, they will not appear to be ſuch men in ſome things: but rather to hearten and harden ſinners, pleading for the ſin of the Nation, and keeping the people in their ignorance and error, that they ſhould not return from their wicked way. And that this is ſo, thus I prove it.

1. By their abuſing and miſapplying the holy Scriptures: becauſe the Word of God approves of juſt oaths, and reproves all breakers of lawfull Covenants, is this a good ground to juſtifie the Solemn League and Covenant, that it was The Oath of God, religious, ſacred, &c. and the violation of it provokes the wrath of the Lord againſt the Land? Suppoſe a man ſhould read theſe Texts, 1 Cor 6. 10. Jude 8. p. 422 Tim. 3. 2, 3, 13. Ezek 13. 10. Matth. 7. could he hence fairly gather, that Mr. Jenkins, Mr. Love, Mr. Taylor, &c. are raylers, deſpiſers of Government, traitors, heady, high minded, ſeducers, falſe prophets? Every man would ſay, ſuch an inference were to corrupt the Word of God, for the places prove no ſuch thing againſt the men: but if they indeed were ſuch men, and ſo much could be proved againſt them, they fall then under the cenſure and reproof of ſuch Texts. And is the Word of God handled otherwiſe then ſo, when men are acc…ſ…d to be Covenant breakers, and for-ſworn, and thereby have highly diſpleaſed the Lord? And to prove this there is brought, Ezek. 17 14, 15, 11, 19. Zach. 5. 4. 2 Sam. 21. 1, 2, 6. as if theſe places did prove their accuſation and charge: Whereas there is nothing held forth in the Texts, but that for breaking lawfull Covenants, and for raſh and ſinfull oaths (as this was) a Nation may juſtly fear Gods diſpleaſure: but not one word in reference to the Nationall Oath, as if God ſhould be ang…y with this Nation for breaking it: That ſome Covenants have been religious, ſacred, inviolable, we grant: and for the violation thereof God hath ſhewed his diſpleaſure, this is true alſo: but doth this prove ours to be ſo? and for the breaking of it G…d will do ſo? Indeed hitherto it hath been in this manner and way proved: Such a Scripturecovenant was ſacred and religious: Ergo ours: For breaking ſuch an oath or league the Lord was angry, &c. Ergo he is diſpleaſed with this Nation for breaking theirs. But you will ſay this proves nothing; What? no proof? then hath not the Covenant to this day been proved lawfull; and if any one among them all (what ingenuitie and candor they profeſſe to have) can yet prove it otherwiſe and better, Erit mihi magnus Apollo.

2. For their complaints and groans on Faſt dayes, and …ed commonly in their Pulpits before or after Sermon, becauſe the Covenant is not kept: this skuthropoi, ſowre faced, and covering the Altar with tears, with weeping and crying out, is a thing which the Lord regardeth not, nor receiveth p. 43it with good will at their hands: Are they not afraid to bring a corrupt thing before the Lord, and to ſpeak and plead for it? doth their heart never ſmite them for this? that is ſtrange, conſidering in that prayer which Chriſt hath left us to be a rule and platform of all our prayers, there is nothing for the juſtifying of the Covenant, but in every Petition ſomething clearly againſt it: As for eXample.

1. What more directly againſt the hallowing of Gods Name? then when men take his dreadfull and moſt glorious Name in vain, by ſwearing neither in righteouſneſſe, in truth, nor in judgement: For this I refer the Reader to what hath been ſaid, pa. 9. to 18.

2. What is a greater impediment unto the coming of Gods kingdom then that, which ll2 Theſ. 3. 1▪ 2 Act. 13. 46.2 Thess 3:12 Thess 3:2Acts 13:46ſtops the Goſpel, whereby all the elect may be truly converted: ſuffers not Churches to be mm1 Chron. 28 12. Hebr. 3. 2. Iſa 35. 8.1 Chr 28:12Heb 3:2Isa 35:8gathered and conſtituted according to the pattern of the New Teſtament: nor that nnPſal. 2. 8. Col 1 18.Ps 2:8Col 1:18Chriſt as King, Prieſt and Prophet may exerciſe power and authoritie onelyonly in Sion: permits not the ooMat. 28. ulc.Matt 28whole counſell of God to be freely and truly taught, and all inventions and traditions of men powerfully confuted? nor the ppMat. 28. 19. 1 Cor. 11 28. Matt. 7. 6.Matt 28:191 Cor 11:28Matt 7:6Sacraments which are the ſeals of Gods promiſe, adminiſtred and received in that puritie and ſinceritie as by Chriſt is preſcribed? nor the qq1 Cor. 5. 4, 5. &c.1 Cor 5:41 Cor 5:5cenſures of the Church to be executed according to the Apoſtolicall Inſtitution? yet all this, doth the Covenant as the great ſticklers for it, expound ſome part of it.

3. Is there any thing more obvious and apparent againſt the doing of Gods will, then to oblige men by oath not to do their duty, and the very thing which God requireth of them? which is, rrGen. 9. 6.Gen 9:6Whoſo ſheddeth mans blood, by man ſhall his blood be ſhed: yet this ſſLetter to his Excellencie, pa. 6. Vindication of the Miniſters of London. pa. 28.(ſome ſay) the Oath prohibiteth.

4. Is not this againſt asking our daily bread? when men ſhall be reſtrained from preſerving their bodily life by lawful and good means, unleſſe they will ſwear to ſuch things as they know not what they are? or taking them to be unlawfull will ſwear againſt their conſcience. For this ſee pag. 16.

p. 445. When we ask forgiveneſſe of ſins, and yet take the Covenant, what is this but a mocking of God? it being a ſin, and unlawfull ſo to do.

6. When we deſire the Lord, that we may not be given over to the temptation of the devill, the world, or our own luſt, as to be overcome thereof: but contrariwiſe that the Lord will ſtrengthen us againſt all aſſaults of everie enemie, and grant us ſuch holy means as may further us in our true obedience towards him? 'tis no otherwiſe then to ask power and grace to refuſe the Covenant▪

7. And in the laſt place, when we entreat the Lord to ſet us free from the power of Satan, and from all the policies and deceit which he exerciſeth againſt the ſoul for its ruin and deſtruction, either by proſperitie or adverſitie; and that he will give us ſtrength to overcome all corrupt affections, and preſerve us in well doing to the end: here we deſire, that we may not fall into the evill of the Covenant: or if fallen, that God will take us out of the evill of it, and keep us that we do ſo no more.

This being ſo, my deſire and prayer to God is, that all people in all places may take warning, that under a ſad countenance, long prayer, great crying, deep ſighing, and ſome tears they be not beguiled, and (like the ſimple who beleeves every thing) brought in to ſay Amen to a lye, and ſo offer the ſacrifice of fools.

3. From this root of bitterneſſe, ſome have taken occaſion to vomit out their own ſhame, againſt Authoritie: And as Abſolom by ſlandering his Fathers government, ſought to ſteal away the hearts of the people; and make rebellion: ſo theſe caſting aſperſion upon the ſupreme Magiſtrates of the Land, charging them with Covenant breaking, perjurie, &c. would have all people (like themſelves) diſaffected to them and their proceedings.

But mark (Reader) their unfaithfulneſſe and falacie: for their ground-work the Covenant is laid, and ſome Parliament Ordinances, and hence they raiſe their invectives and bold charges againſt the State. Now was it ever before known, that men who make the glory of God and the good p. 45of ſouls the mark they ayme at in the courſe of their miniſterie, and will not ſuffer the ſins of the times quiet, to build upon ſo ſandy, uncertain and weak ground? Men of ingenuitie and candor formerly, would not durſt to have charged their equals, no not their inferiors with any ſmall crime, much leſſe their ſuperiors with murder, treaſon, oppreſſion, injuſtice, &c. without clear and apparent proof; and ſhewed what Commandment and Law of Chriſt they had broken, not fetch their proof either from anothers weakneſſe and failing, or from an abſurd and falſe conceit of their own. Suppoſe by the Covenant the King was not to ſuffer, Preſbyterie to be ſetled, and all others otherwiſe minded not be tolerated: yet this will not follow, that the Parliament having ſince done otherwiſe, they have therefore done unjuſtly, and ſinned againſt the Lord.

I obſerve this the rather, becauſe in that book lately come forth, entitled, A Vindication of the London Miniſters, &c. the Author ſhews him an evill worker, in abuſing the Reader: for howſoever he chargeth the Parliament with many vile things, nevertheleſſe ſhews not at all wherein they have acted againſt the Law of God, of Nations, Nature, or pure reaſon, onelyonly objecteth the Proteſtation, the Nationall Covenant, and ſome Collections of Parliament, as if this were enough to prove them ſo, and himſelf no falſe accuſer.

Object. 2. ſſLetter of the London Miniſters to his Excell: pag 11 6.You have an example of Gods ſevere judgement for the violation of an Oath in Saul: ſo Zedekiah for breaking the Covenant made to the King of Babylon was extreamly puniſhed.

Anſ. 1. Howſoever the Gibeonites were a people formerly accurſed, and fallaciouſly procured a Covenant from Joſ…ita: yet that Covenant was lawful. ttLavat in lib. …o…uae, c 9. hom 39 p 42.Joſuem juſſu Domini u Iudg 2 …2. 14. 2 Sam 2…. 1, 2. 9. 14. 1 King. 9 20.Judg 2:2Judg 2:142 Sam 2:12 Sam 2:22 Sam 2:92 Sam 2:141 Kgs 9:20ſeciſſe quod fecit (ſaith Lavater) and proves in the ſame place by two reaſons, that the Lord approved that Covenant. Beſides it appears by ſeverall Scriptures, that they onelyonly of the Canaanites were devoted to deſtruction who would not ſeek for peace; for if they ſued for it, it was to be granted them: ſo xxIn D…u: 20▪ n 4 In Ioſ 9 n 9▪Josh 9Junius, Pet. Martyr, and others, &c. And the ſew Doctors thus underſtand it, as yyAnnot: o… Dent 20 1….Mr. Ainſworth notes.

p. 462. That the Covenant made by Zedekiah to the King of Babylon was extorted from him, and prejudiciall to him, 'tis the Petitioners own gloſſe, the hiſtory ſhews no ſuch thing: But let that paſſe; ſure I am the Covenant was lawfull. For, 1. Nebuchad-nezzar aa2 Chron. 36. 10.2 Chr 36:10made him King. 2. The Lord cals it, bbEzek. 17. 19, 20.Ezek 17:19Ezek 17:20his Covenant; and breaking it, a treſpaſſe that he had treſpaſſed againſt him. 3. He was by the Prophet Jeremie counſelled to keep his Oath; and doing otherwiſe, threatned by him and Ezekiel (for his perjurie, infidelitie and rebellion) to be ſeverely puniſhed. So then this is the cloſe, when the London Miniſters ſhall prove, that the See a book entitled, Juſtice Advanced, wherein the Parliaments proceeding againſt the King is juſtified by Scripture, Law and Reaſon.Parliament and people of England, obliging themſelves by oath not to put their King to death, what murther and miſchief ſoever he ſhould commit, doing ſo, make as juſt and lawfull a Covenant as Joſhua made with the Gibeonites, and Zedekiah with the King of Babylon, and are bound as ſtrictly to keep it: it ſhall be acknowledged that theſe examples ſpeak ſomething to the matter they are brought for: but till then, they muſt be contented to lye under the juſt cenſure of perverting and wreſting the Scripture.

Queſt: 3. But may not the Civill Magiſtrate taking the counſell and conſent of a Synod, or Aſſemblie of Divines, ſet down what doctrine, worſhip, and Church diſcipline ſhall be extirpated, and not tolerated or ſuffered: and what ſhall be eſtabliſhed and maintained through the Nation, and then require all the people of the Land, therein to joyn with them, and by Vow and Oath to promiſe ſo much, and in caſe any refuſe, to ſuffer for it.

Anſw: Howſoever this work properly belongs to the partie intereſted, and for them to prove the lawfulneſſe of it: yet ſeeing here, they are altogether ſilent, I ſhall ſpeak thus far to the objection. That it becomes not the Magiſtrate ſo to do, neither hath he any warrant or calling for ſuch a practice, thus I manifeſt.

1. For doctrine, worſhip, and ſuch things, as they are ſpirituall, and concern the inward man, ſo it is God alone who carries forth the work in him, and for him; ſhews him by his Word what he ſhould embrace, and what refuſe, p. 47and helps him by his Spirit when his time and pleaſure is accordingly in it. And this in Scripture is every where ſhewed, that there is ccSee a Declar. of the Parl in Anſw: to the Scots Commiſ. pag 16.no humane power of coertion called for here, the Magiſtrate is to leave the Lord to perſwade the heart. Compare theſe Scriptures. Pſal. 110. 2. Act. 2. 41. 1 Cor. 7. 22. 2 Cor. 1. 24. Rom. 14. 23. 1 Joh. 4. 1. 1 Theſ. 5. 21. Joh. 18. 36. Act. 4. 17. 20. Rev. 18. 4. 2 Cor. 5. 14. 20. 2 Cor. 10. 3, 4, 5. Rom. 10. 17. 2 Tim. 3. 5. Prov. 30. 6. Rev. 22. 8. Matt. 28. 20. Act. 18. 15. 28. Joh. 6. 44. Matt. 16. 17. Epheſ. 4. 11, 12, 13 Mat. 17. 5. 1 Cor. 3. 6. 2 Tim. 2. 25, 26. 1 Cor. 9. 20. 21, 22.

2. To binde a Nation by oath to ſuch a practice, ſhews the Impoſers to be either abſurd, or uncharitable, or tyrannicall. 1▪ Abſurd and irrationable, if they ſhould think the people generally in a capacitie to take ſuch an Oath: Or 2. Suppoſing otherwiſe, then uncharitable to compell any unto it againſt their conſcience. Or 3. If they ſhould think that ſome would not ſwear leſt they ſhould forſwear themſelves, then cruell and tyrannous to require ſuch a thing at their hands; and refuſing it, to puniſh them for it.

3. I confeſſe we read in humane Hiſtories, that among the Gentiles it was enacted, that no worſhip ſhould be admitted, no Religion exerciſed, but what received Eſtab iſhment and approbation from them who ſuppoſed themſelves to be intruſted with Authority over men in ſuch things: And their Reaſons for it were; partly becauſe ſundrie wayes of worſhip, and ſeverall relig ons ddSuos deos, aut novos aur … … … Cic…o…li. a de …egibus.tends to the diſturbance of the Commonwealth, and that civill ſociety which men under the ſame government do, and ought to enjoy: And partly becauſe the Gods whom they owned and worſhipped were diſhonoured and provoked to plague them. And having thus made a Law, and ſupported with ſuch reaſons as theſe, they proceeded to the execution of the penalty of that Law, as unto baniſhment, impriſonment, burning, drowning, torturing in ſundr… kinds according to the pleaſure of the Judges: Tis true this the Heathen did, and this eeRev. 13. 16, 17.Rev 13:16Rev 13:17power of the Dragon was given over to the Beaſt and falſe Prophet, and to this day many walk in the ſame paths with them. But I do not read where a Covenant was to be taken, and men enjoyned to ſwear unto their worſhip and p. 48religion, and to ſuffer puniſhment if they ſhould refuſe: ſuch a practiſe for ought I know, was not once named among the Gentiles; darkneſſe it ſeems had not ſo overtaken them as to act ſo unreaſonablie.

4. Seeing the Church of England reſolveth, that all Councels, and Synods, whether Provinciall, Nationall or Oecumenicall, ffArticle 21.they may erre, and have erred in things pertaining to God. And the ſame profeſſed by all Proteſtant Churches: I would know, what reaſon and ground the Magiſtrate hath to ſwear himſelf, much leſſe to force another by oath to embrace, without all doubt and ſuſpicion of error (for ſo it is preſuppoſed he doth when he ſwears) any conſtitutions of men? Me thinks it is no fair dealing of Miniſters, to tel… the people, Synods and Aſſemblie of Divines may erre, and yet to thruſt upon them their decrees and deviſes in ſuch a way, as if they were Apoſtolicall and infallible, and could not erre.

5. Not onelyonly is this putting of men to oaths and vows in points of Religion contrary to Goſpel way, rule and walking, but a ſubtle ſtratagem and plot uſed by Hereticks, Idolaters, and ſuch vile wretches, the better to promote and advance, their errors, lyes & blaſphemous tenets. Of Novatianus it is reported, that ggBaron Annal: ſom: 2. an 254. nu: 75. Col. 504.before he would give the Sacrament, he cauſed his Adherents to put their hands betwixt his and to ſwear by the body & blood of the Lord they would not forſake him, and turn to Cornelius. And did not the Prelates uſually make their Clergie and others to ſwear Canonicall obedience to their Articles, Injunctions, Cannons? and why was it? but to uphold their ſuperſtition and falſe worſhip, and to hinder the power of godlineſſe? One would have thought that the perillous Oath which the Biſhops made them to take, and the trouble of ſpirit which ſome of them ever had for it, would have made them for the time to come, more carefull and tender hearted, and not again have run themſelves, and forced others, into the like ſnare and danger.

To conclude all, ſeeing it hath been proved, that the Covenant both given and taken was unlawful, whoſoever therfore hath had a hand either way in it, he ought to repent truly of it: and by this take warning, and learn hhDeut. 28. 58.Deut 28:58to fear this glorious and fearfull Name, JEHOVAH THY GOD.

FINIS.

End of the text · John Canne, The Snare is Broken (1649)