Treatise of Miscellaneous Questions, Chapter 16
CHAP. XVI.
Whether it be lawfull, just, and expedient, that there be an ordinance of Parliament, for the taking of the solemne League and Covevenant, by all persons in the Kingdome, under a considerable penaltie. Or an answer returned to a Gentleman, who had consulted a friend concerning this question.
FIrst of all, that I may rightly deduce and state the matter of fact, 'tis to be remembred.
That the solemne League and Covenant hath been the strongest band of Union in this common cause of Religion and Liberty, and that which the common enemies, have mainly endeavoured with all their might to overthrow.
That the chief motive to engage Scotland, was professed to be the Reformation of Religion, and uniformity according to the Covenant.
That the League and Treaty between the two Kingdomes, is in pursuance of the ends of the Covenant, especially the aforsaid ends of Religion.
That the declaration of both Kindomes, emitted to other Nations, doeth hold forth to the world, that our war is for the ends of the Covenant, and that we should never lay down armes, till these were obtained.
That by order of Parliament, the Covenant was turned in Latine, and sent abroad to the reformed Churches, with letters from the Assembly of Divines.
That upon the former assurances, the Church and Kingdome of Scotland, the Parliaments of both Kingdomes, the Assembly of Divines, the city of London, and many thousands in England, have taken the Covenant, and have sworne most solemnly, that they shall constantly, really, and sincerly, during all the dayes of their lifetime, with their lives and fortunes, stand to the performance of it. And both Kingdomes have suffered the losse of their goods chearfully, laid out their means, and laid downe their lives resolutly in pursuance thereof.
At the Treaty of Vxbridge, the propositions for Religion (of which the confirming of the Covenant, is the first and chiefest) were acknowledged to be of such excellency, and absolute necessity, as they were appointed to be treated of in the first place, and that no peace nor agreement should be, till they were first agreed unto.
The same Propositions for Religion, are yet set down in the first place amongst the Propositions sent last to the King, as being agreed unto by the Parliaments of both Kingdomes.
And that now the Kings answer to the Propositions is delayed, the house of Commons have thought fit, to turne the Propositions into Ordinances, to shew their constant resolution of adhering thereto, and that they may be of greater force, and receave the better obedience from the Subjects, have converted the Propositions for civill matters into Ordinances, and (that their zeal and constancy may appear for Religion, which is of greatest moment, and wherein the glory of God, and the good of his Church is most concerned) it is desired, that the Propositions concerning the Covenant, may be likewise turned into an ordinance, with a considerable penalty, that so we may give some reall evidence, that we do not s…ek the things of this world in the first place, and the Kingdome of Heaven, and the righteousnesse of it in the last; Much lesse, that Demas▪ like we forsake it as lovers of this present world.
Now the grounds and reasons for such an Ordinance may be these.
1. It were a great unthankfulnsse to God, if after sacred and solemne vowes made in time of our greatest dangers, and when after our vowes, God hath begun to deliver us, and hath dissipated our Enemies, we should now grow wearie of paying, and performing those vowes. We may say of the Covenant, as the Prophet said of the laying of the foundation of the second Temple. Consider whether from that very day God did not sensibly blesse us, and give a testimony from Heaven, to his own Cause and Covenant. And now shall the Covenant which was our glory and ornament before God and men, be laid aside as a worne or moth-eaten garment? God forbid.
2. If the taking of the solemne League and Covenant, bee not enjoyned by authority of Parliaments, under a penalty, but left arbitrary, this were an opening in stead of shutting of the doore unto as many as are apt and inclinable …o refuse and oppose the Covenant, yea, to as many as write or speak against it, and maintaine opinions or practises contrary to it. The impiety and obstinacy of such persons, if not punished, but connived at, or tacitely permitted by the Parliaments, involveth them and the Nation as partakers of the sinne, and so consequently of the judgement.
Although the oath which Ioshua and the Princes of Israel made to the Gibeonites, was made unadvisedly, and without asking counsell from the mouth of the Lord, yet some hundred yeares after being broken, that breach brought a nationall judgement, till justice was done upon the offenders. How much more may a Nationall judgement bee feared, if even in our dayes the contempt and violation of a most lawfull and sacred oath, bee winked at? Surely God will not wink at their sinne, who wink at his dishonour. Better not to have vowed, then not to pay and performe.
3. When King Iosiah made a solemne Covenant (the effect whereof was a through Reformation, the taking away of the ancient and long continued high places, the destroying of Baals Vessels, Altars, Priests, &c. 2 Kings 23. through out) he did not leave this Covenant arbitrary: But he caused all that were present in Ierusalem, and Benjamine to stand to it, 2 Chron. 34. 32. In all which he is set forth as a president to Christian Reformers, that they may know their duety in like cases.
4. All who did take the solemne League and Covenant are thereby obleiged in their severall places and callings (and so the houses of Parliament in their place and calling) to endeavour the extirpation of Popery, Prelacy, Heresie, Schisme, Superstition, and Prophannesse. How is this part of the oath of God fulfilled, if the Covenant it selfe, made for the extirpation of all these, be left arbitrary?
5. The Vow and Protestation was not left arbitrary. For by the vote, Iuly 30. 1641. it was resolved upon the question, that whosoever would not take that Protestation, are declared to be unfit to bear any office in the Church or State, which was accordingly published. But the solemne League and Covenant must be at least more effectuall then the Protestation, for the narrative, or preface of the Covenant, holdeth forth the necessity of the same, as a more effectuall means to be used, after other means of Supplication, Remonstrance, and Protestation.
6. This same solemne League and Covenant was not in the beginning left arbitrary, for some members were suspended from the house, for not taking it. And in the Ordinance, 2 Feb. 1643. it is ordained and enjoyned, that it be solemnly taken in all places throughout the Kingdome of England, and dominion of Wales. And withall, in the instructions and orders of Parliament, then sent into the Committees, it was appointed that the names of such as refuse it, should be returned to the Parliament, that they may take such further course with them, as they shall thinke fit. In the Ordinance of Parliament, for Ordination of Ministers, (both the first and the last Ordinance) the person to be ordained, is appointed and obleiged to addresse himself to the Presbyterie: and bring with him a testimony of his taking the Covenant of the three Kingdomes. Again, by the ordinance for election of Elders, dated the 19. of Aug: 1645. No member of any Congregation, may concurre or have voice in the choosing of Elders, but such as have taken the Nationall Covenant.
7. In the first Article of the Treaty between the Kingdomes, signed Novemb: 29. 1643. 'Tis agreed and concluded, that the Covenant bee sworne and subscribed by both Kingdomes, not that it shall bee taken by as many as will in both Kingdomes, but that it shall bee taken by both Kingdomes. How shall this be performed, if it bee still left arbitrary?
8. In the Propositions of peace, 'tis plainly supposed and intimated, that the taking of the Covenant shall bee enjoyned under some penalty. Otherwise we have not delt faithfully, neither with God nor man, in tendering that second Proposition to the King, concerning his consent to an act of Parliament in both Kingdomes respectively, for the enjoyning the taking of the Covenant, by all the Subjects of the three Kingdomes with such penalties as by mutuall advice of both Kingdomes, shall be agreed upon.
9. If other Propositions of peace be turned into Ordinances, and this of the Covenant not so, it will strengthen the calumnies cast upon the Parliament by the Malignant party, that they have had no intention to setle Religion according to the Covenant, but that they entred into the Covenant for bringing in the Scots to their assistance, and for gaining the good opinion of the reformed Churches.
10. It will also be a dangerous president to separat between the legislative power, and the corrective or punitive power. For if after the ordinance of Parliament injoyning and ordaining that the Covenant be taken universally throughout the whole Kingdome, there be no sanction nor penalty upon these who shall refuse it, let wise men judge, whether this may not expose the authority of Parliament to contempt.
11 I shal conclud with this Syllogisme, That which is not only sinful in it self, but a great dishonour to God, a great scandall to the Church, & with all a disobedience to the lawfull Ordinance of authority, may and ought to be punished, by this Christian and reforming Parliament. But their offence which still refuse to take the Covenant, is not only sinfull in it self, but a great dishonour to God, a great scandall to the Church, and with all a disobedience to the lawful Ordinance of Authority.
Therefore the offence of these who still refuse to take the Covenant, may and ought to be punished by this Christian and reforming Parliament.
Objections answered.
1. Object. The Covenant ought not to be compulsory but free: Good things grow evill when mens consciences are thereunto forced▪ Answ. 1. An Ordinance injoyning the taking of it under a certain penalty, were no other compulsion, then was used by King Iosiah and others, yea by this present Parliament upon their own Members, and upon Ministers to be ordained, as is evident by the passages above expressed. The Parliament hath also by their Ordinance dated the 23. of August 1645. imposed the Directory of Worship under certain mulcts and penalties to be inflicted upon such as do not observe it, or preach or write against it. 2. Tis no tyranny overmens consciences, to punish a great and scandalous sin (such as the refusing and opposing of the Covenant, or a divyding from it) althogh the offender in his conscience believe it to be no sin, yea peradventur believe it to be a duety. Otherwise it had been tyranny over the Conscience to punish those who killed the Apostles, because they thought they were doing God good service, Ioh: 16, 2. Thirdly, if they who make this Objection be so tender of mens consciences, why would they keep up an Army when there is no Enemy, and continue taxes and burthens upon the exhausted Counties, which are altogether against the consciences of the generality of people in the Kingdome. If in these things they will have the conscience of any to be forced, and in the Covenant the consciences of some left at liberty, this is not fair and equall, and it will be generally apprehended, that such men study their own interest more then the Publick.
2. Object: The Covenant was occasionall, and temporary, being made upon the occasion of the prevalency and growing power of the Enemy (as is mentioned in the narrative) which fundation being taken away, the superstructure cannot stand. Answ. 1. Ex malis moribus bonae nascuntur Leges. Shall wee therefore be no longer bound to obey and maintaine good lawes, because the evils which gave occasion to their making have ceased. 2. The Covenant doth in expresse words oblige us constantly, and all the dayes of our lives, to pursue the ends therein expressed. So that to hold it but a Temporary obligation is a breach of Covenant. 3. There is not any one of the ends of the Covenant which is yet fully attained. The very Directory of Worship is not observed in most places of the Kingdome. Neither is the abolitione of Prelacy, and of the Book of common prayer yet established by Act of Parliament. 4. If we had attained the ends of the Covenant (which we have not) yet non minor est virtus quam quaerere parta tueri, and the recidivation may prove worse then the first disease.
3. Object. Some things in the Covenant are disputable, for instance, good and learned men differ in their opinions about Prelacy. Answ: 1. The oath of Supremacy was much more disputable, and great disputs there were among good and learned men about it, yet it hath been imposed upon all Members of Parliament. 2. If the very materials of the Covenant be stuck at, whether they be good in themselves, there is the greater danger to leave all men to abound in their own sense, concerning things of the highest consequence.
4. Object: The Army which hath served us so faithfully and regained our Liberties, shall by this Ordinance loose their own greatest Liberty, which is the Liberty of their consciences▪ Answ: 1. In the Ordinance and Instructions of Parliament dated the 2 Feb: 1643. It was ordained that the Covenant should be speedily sent to my Lord Generall, and the Lord Admirall, and all other Commanders in Cheiff, Governours of Towns, &c. to the end it may be taken by all Officers and Souldiers under their command. I hope the Parliament did not here take from their Army the Liberty of their consciences. 2. The Army must either take Lawes from the Parliament, or give Laws to the Parliament. If they will as the Parliaments servants, submit themselves to the Ordinances of the Parliament (which hath ever been professed they would doe) then the objection is taken away. But if they will be the Parliaments Masters or fellows, and Independent upon the Parliament it self, and at libertie to reject as they list so good or wholesome an Ordinance a… the taking of the Covenant, then God have mercy upon us, if the Parliament doe not preserve their owne rights and priviledges, with which the Kingdome hath entrusted them. 3. If an Ordinance imposing the taking of the Covenant under a considerable penaltie, be to the Army scandalum acceptum. The not passing of such an Ordinance will be scandalum datum to the city of London, and to many thousands of the godly and well affected of the Kingdome, both Ministers and People, who have faithfully adhered to, and served the Parliament, and will still hazard their lives and fo…tunes in pursuance of the ends of the Covenant; yea, a horrible scandall to the reformed Churches abroad, whose hearts were once comforted and raised up to expect better things. 4. God forbid, there be any such in the houses of Parliament, as would admit of deformation instead of Reformation, and all maner of confusion in place of government. Would not this be the ready way to banish all Religion, and open a door for all sorts of Schisme and Haeresie? And shal this be the fruits of the Labours, blood and expences of the three Kingdomes, in place of Reformation and Uniformity, to admit of such a Liberty and horrible confusion? Let it not be told in Gath, nor published in Askelon, least the Philistims rejoice, least the daughters of the uncircumcised triumph.