The Fastening of Saint Peters Fetters, Tract · Section 3
Sectio Tertia. Propoſition 3. The matter ſworn in the Solemn League and Covenant, is juſt and lawful to be maintained and purſued.
THat we may diſcover the lawfulneſs of the matter of this Covenant, we muſt obſerve, that in reſpect thereof it is partly Aſſertory, and partly Promiſſory.
Aſſertory in the Preface of it, viz. We Noblemen, Barons, The Aſſertory part of the Covenant.Knights, Gentlemen, Citizens, Burgeſſes, Miniſters of the Goſpel, and Commons of all ſorts, in the Kingdoms of England Scotland, and Ireland; by the providence of God, living under one King, and being of one reformed Religion, having before our eyes the glory of God, and advancement of the Kingdom of our Lord and Saviour Jeſus Chriſt, the honour and happineſs of the Kings Majeſty, and His Poſterity, and the true publick Liberty, Safety, and Peace of the Kingdoms, wherein every ones private condition is included; and calling to mind the treacherous plots, conſpiracies, attempts, and practices of the enemies of God againſt the true religion, and profeſſors thereof in all places, especially in theſe three Kingdoms ever ſince the reformation, and how much their rage, power, and preſumption are of late, and at this time, increaſed and exerciſed; whereof the deplorable estate of the Church and Kingdom of Ireland, the diſtreſſed eſtate of the Church and Kingdom of England, and the dangerous eſtate of the Church and Kingdom of Scotland, are preſent and publick teſtimonies: We have now at laſt (after other means of Supplication, Remonſtrance, Proteſtation, and Sufferings) for preſervation of our ſelves and our Religion from utter ruine and destruction, according to the commendable practice of theſe Kingdoms in former times, and the example of the people of God in other Nations, after mature deliberation, reſolved and determined to enter into a mutual and Solemn League and Covenant, wherein we all ſubſcribe, and each one of us for himſelf, with our hands lifted up to the moſt High God, do ſwear.
Though this Preface may ſeem and be ſaid to be no part of the Covenant, yet it being a Solemn profeſſion of the grounds and reaſons on which the Covenant was made, and was declared in the very Act of ſwearing the Covenant, by all that ſwore it, we ſhall own it as a part thereof.
The Covenant is further aſſertory in the Concluſion, (viz.) And becauſe theſe Kingdoms are guilty of many ſins and provocations againſt God and His Sonne Jeſus Chriſt, as 'tis manifeſt by our preſent diſtreſſes and dangers, the fruits thereof. We profeſſe and declare before God and the world, our unfeigned deſire to be humbled for our own ſin, and for the ſins of theſe Kingdoms, eſpecially that we have not as we ought valued the ineſtimable benefit of the Gospel, that we have not laboured for the purity and power thereof; and that we have not endeavoured to receive Chriſt in our hearts, and to walk worthy of Him in our lives, which are the cauſes of other ſinnes and tranſgreſſions ſo much abounding among us. And our true and unfeigned purpoſe, deſire, and endeavour for our ſelves, and all others under our power and charge, both in publick and in private, in all duties we owe to God and man, to amend our lives; and each one to go before another in a real Reformation, that the Lord may turn away His wrath and heavy indignation, and eſtabliſh theſe Churches and Kingdoms in truth and peace. And this Covenant we make in the preſence of Almighty God the ſearcher of all hearts, with a true intention to perform the ſame, as we ſhall anſwer at the great day, when the ſecrets of all hearts ſhall be diſcloſed. Moſt humbly beſeeching the Lord to ſtrengthen us by His Holy Spirit for this end, and to bleſs our deſires and proceedings with ſuch ſucceſs, as may be deliverance and ſafety to his people, and encouragement to other Chriſtian Churches, groaning under, or in danger of the Yoke of Anti-chriſtian tyranny, to joyn in the ſame or like Aſſociation and Covenant, to the glory of God, and enlargement of the Kingdom of Jeſus Chriſt, and the peace and tranquillity of Chriſtian Kingdoms and Common-Wealths.
The Covenant is promiſſory in the ſix Articles thereof.
Concerning the aſſertory part of the Covenant it muſt be noted, That although it ſhould have been unlawful, becauſe untrue in the grounds or reaſons pretendedly inducing to it, and ſo hypocritical and fallacious in the humility, zeal, and reſolution in the Concluſion proteſted; whereby the takers in deceiving others may have deceived their own ſouls, and bound themſelves under a certain expectation of the wrath of that God of truth and jealouſie, who hath been called as a Witneſs of ſuch wickedneſs: Falſhood in the Preface bars not the obligation of the promiſe.Yet this fallacy will not diſcharge the obligation of the Covenant: For an Oath binds according to expreſſion, not the takers reſerved intention: And therefore Grotius telleth us, That if a man in his aſſertory Oath do foreign, ſwear falſly, this will be no warrant for his foreign, for not performing what he promiſed; and concludes, Siquis volens jurare obligare ſe noluerit, non eo minus obligatur. None but Jeſuites will ſay that a man ſwearing, Grotius de jure belli & pacis. l. 2. p. 218.and in the act purpoſing not to bind his ſoul, (and thereof make a ſecret appeal to God) is free, and not bound by his Oath: For this is expreſly againſt the nature of an Oath, whoſe obligation is inſeparable from its Act. Saunderſ. de Iuramento lec. 5. p. 160.And therefore the ſame Author ſaith, Siquis deliberato protulerit verba jurantia, animo tamen non jurandi obligatur. And this is no other than Oxford Divinity, Siquis ex aliqua doloſa intentione velit putari juraſſe, habebit apud ipſum omnem obligandi effectum; a man is bound by the action of ſwearing even beyond and contrary to his own intention. And this is evident in Joſhua and his Oath with the Gibeonites, obtained by fraud, and founded in falſhood, againſt which they had entred an expreſs Caveat, it being far from his intention to make a League with a Canaanite; yet he and all Iſrael were bound by it, as in the former Propoſition it hath been cleared.
But why do I ſtand to eſtabliſh the obligation of the promiſſory part of the Covenant, againſt the falſhood of the aſſertory part of it, whilſt no ſuch falſhood appears? As for the Concluſive proteſt, it lieth out of human cognizance, and is onelyonly obvious to the Searcher of hearts: And to me he muſt be ſtrangely blinded by paſſion or prejudice, that ſeeth, and ſubſcribeth not to every part of the Preface as true; yet ſome there are, who, (though they could not ſpeak out) are willing to ſuggeſt a lie chargeable on the ſame; and therefore the Covenant muſt be in this point vindicated againſt their exceptions, pretended doubts and ſcruples urged againſt the taking of the Covenant: Give me leave a little to weigh them.
The firſt I ſhall take notice of, The Aſſertory part of the Covenant vindicated.is, the Anonymus Doubts and Scruples recommended to the world by Dr. Gauden, and offered Sir, to your and my conſideration; and his Quarrel (I ſhould ſay Scruple) is againſt the Title of the Covenant, which is certainly no part of it; which he thus frameth.
I have not met with any Declaration to aſſure us, Exception of Doubts and Scruples.that Commiſſioners of each Kingdom reſpectively, and especially of Ireland, have been choſen and aſſembled together, had power, or did agree upon this League and Covenant; without which, or ſome ſuch equivalent proceedings, we cannot poſſibly know that it was the joynt conſent, reſolution, and deſires of the three Kingdoms to enter into ſuch a League, &c.
Anſwer. Whoever, Sir, were the Author of theſe Scruples, he ſure was of a very tender conſcience, that muſt be ſatisfied in the very Title and Denomination of the Covenant, and cannot do his own duty, or a juſt act, enjoyned him by the Superiors of the Kingdom, of which he is a member and ſubject, untill he be aſſured that all to whom it may extend do deſire and conſent thereunto.
2. There might be ſuch a declaration though he met not with it. Muſt private perſons ſuſpend required duties, untill they meet with Declarations of the regular agitation of State affairs? Muſt all the arcana imperii which relate to other Kingdoms, be opened before the Subject give his faith to keep the conditions concluded by their Governors?
3. Did he meet with any Declaration which told him, Ireland was in a general Rebellion againſt the Crown of England, to which it had been ſubjugated, and was wholly dependent on the Engliſh intereſt for its reſcue and reduction? And muſt England ſtay its Covenant till Irelands Rebells ſend Commiſſioners and conſent? Or, may they not without their conſent covenant for the good of their vaſſal Kingdom, which they muſt again recover by force?
4. But the Title of the Covenant gives no ground for this Doubt; for though it be entituled, A Covenant for the peace and ſafety of the three Kingdoms of England, Scotland, and Ireland, yet is it not entituled, A Solemn League and Covenant of the three Kingdoms? And I hope they may be the Objects, who are not Authors or Abettors of an Oath: And if they be offended for our intention and endeavours of good to them, let them bear it; Charity will not always ſtay for the conſent or deſire of its object.
His next ſcruple is like unto this, occaſioned by thoſe words, Second exception out of Doubts and Scruples.Of one Religion, which he doubts the Iriſh Papiſts, open Rebels, againſt whom it was made, and Popiſh party in England, and Independents may not be of one Religion; yet by the ſeventh Inſtruction it is to be proffered to all inhabitants.
Anſwer. But, Sir, it doth not appear, that it is to be proffered to the Iriſh Papiſts.
2. Becauſe proffered, is it therefore taken? The words are profeſſed by them that take the Covenant; may it not be a teſt and note of diſcrimination for diſcovery of the Popiſh party, which lay lurking among us, and none as Papiſts; or indeed as Independents could take the Covenant?
3. May not the majority denominate the whole? The Proteſtant Religion is the onelyonly one Religion owned and profeſſed in theſe Nations; nor doth he deny the Independents to be profeſſors of it.
Sir, muſt not Dr. Gauden commend his diſcretion in commending to the world ſuch perplexing Scruples as have not a Scruple of Reaſon in them? and ſhall not I appear as wiſe to ſpend time to conſider them (if of weight) after the Covenant hath been taken? but he affirms them as agreeable to the Oxford-Reaſons, which is a juſt Chius ad Choum, Harp and Harrow; yet hereby he puts us on the conſideration of them which have paſſed thus long unanſwered, partly for the dread of their name, no private perſon being a fit Antagoniſt, or proper Caſuiſt to ſeſolve the Doubts of an Univerſity; and partly for that they were preſented Apologetically, as private grounds of diſſatisfaction, and for excuſe from the Act required, not as interdictions or condemnation of other mens Act, as themſelves profeſs; much leſs as Arguments for abſolution from the bond of the Covenant, now it hath bin generally taken by Prince and People; to which end they are now re-printed, and by every fooliſh Pamphlet are anew urged; and therefore neceſſitate the conſideration of their weight, which (I confeſs) I, in reference to their name, was willing to decline, but by the worth of truth, and weight of the Oath of God upon our Land, am (though a private, obſcure, and unfit perſon) conſtrained thereunto.