The Fastening of Saint Peters Fetters, Tract · Section 7
Sectio ſemptima. Prop. 7. The Obligation of the Solemn League and Covenant is permanent and abiding, never by any humane act or power to be abſolved or diſcharged.
SIR, By the permanency of the Obligation of the Covenant, we mean, the continuance of its Bond on the mind and conſciences of men; ſo that the Subjects thereof are, and for ever will be bound to purſue and perform the things and matters therein promiſed; nor is it in the power of any man, or humane authority, to releaſe, acquit, or diſcharge them from the ſame; but that when, and howſoever the Solemn League and Covenant is ſlighted, laid aſide, or violated, by any the Subjects thereof, they ſhall be liable unto the guilt and puniſhment of perjury in the breach thereof.
This permanency of obligation, and impoſſibility of diſcharge, doth ſpring from a double cauſe.
1. The nature of an Oath, which is a ſolemn and ſerious Appeal to, and invocation of God, as Witneſs and Avenger of the thing ſworn, and ſincerity of the Subject ſwearing; ſo as in caſe of diſſimulation, falſhood, or non-performance of the thing covenanted, we ſhall be liable unto the guilt and puniſhment of perjury, to be inflicted by the God who judgeth righteouſly.
And 2ly. From the Manner and Form of the Covenant, which is abſolute, and without a condition, which might at any time fail, and ſo cauſe a Ceſſation of the Bond of the Covenant thereupon dependent; and is expreſſely excluſive to all manner of diſcharge or releaſe, by any humane Act or Power whatſoever, by an expreſs proteſt, That 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 that great day, when the ſecrets of all hearts ſhall be diſcloſed; and by a peculiar proviſion, That we ſhall never ſuffer our ſelves directly or indirectly, by whatſoever combination, perſwaſion or terrour, to be divided or withdrawn from this bleſſed union and conjunction, whether to make defection to the contrary part, or to give up our ſelves to a deteſtable neutrality in this cauſe, which ſo much concerneth the Glory of God, Good of the Kingdoms, and Honour of the King, but ſhall all the days of our lives zealouſly and conſtantly continue therein: So that the matter of this Covenant being, as I have before aſſerted, good and lawful, becauſe juſt and poſſible; if there were in the World any power or perſons (entruſted with that divine Prerogative) to diſcharge the Obligation of an Oath; we could not receive it, becauſe it is actually and expreſly diſclaimed. We, Sir, live amongſt Proteſtants who by their very profeſſion do proteſt againſt all Papal Dispenſations, and Jeſuitical Commutation, thereupon dependent; and therefore I need not ſtand to make any defence in this cauſe againſt the ſame, which would be to ſuggeſt ſome Proteſtant Divines to be ſo Popiſhly affected, as to have recourſe to Rome, for relief againſt St. Peters Reſtraint: I preſume, Sir, Englands Biſhops would not be reputed Popiſh; and other ways to diſcharge the Obligation of the Covenant, we have none, ſave the releaſe of Superiors, which alwayes muſt be in ſuch caſes and manner, as are peculiar unto them, and proper to their cognizance.
I am not inſenſible; that ſome ſuppoſe to themſelves, and ſuggeſt to others a nullity, or non-obliging force of the Covenant, by reaſon that His late Majeſty (of glorious Memory) did interdict the Act; concerning which it is neceſſary to be enquired, Whether by the Light of Nature, Law of Nations, or Rule of Scripture, the Prince, the Political Parent, have ſuch full compleat Parental Authority over His Kingdom collectively or diſtributively conſidered, as by His interdict to make void the Oath they put upon themſelves? 2. Whether the Parliaments of England, both, or either Houſe, can order, determine, direct, and by Parliamentary Authority, enforce a preſent execution of thoſe Determinations and Orders directed to the Subject (as we know is, and ordinarily hath been practiſed) without the conſent of the King? And whether the people are not ſubject to the ſame, as being Parliamentary Authority, before they formally paſs into Laws or Acts, to be eſtabliſhed Rules, when their being a Parliament ceaſeth? And ſo whether an Act done, Sedente Parliamento, at their Appointment, and by their preſent Order, being in its own nature permanent and abiding, never to be diſcharged (as is the Obligation of an Oath) be not valid, though it never paſs into a Formal Act of Parliament, and ſtanding Statute? 3. Whether an extraordinary and unuſual Proclamation of the King, againſt the Determinations of both Houſes of Parliament, be (according to the conſtitutions of this Kingdom) a full and formal ſuperſedeas to any act required to be done by the authority of the Parliament then ſitting? 4. Whether his late Majeſty in his Proclamation of the 9th. of Octob. 19. Carol. did by his Royal Authority declare void and null the Obligation which ſhould be laid on any of his people againſt his conſent? Or by his Parental care onelyonly admoniſh his Subjects of its evil, and the danger he conceived in it, and ſo warn a forbearance of it? For Parental Admonition, and Authoritative Annulling Inhibition, are diſtinct Acts; and the laſt was in this caſe neceſſary, becauſe the Collective Body of the Kingdom had ſworn this Covenant on the 25th. of September before. 5. Whether the Kings after-aſſent, and admonition unto a right underſtanding, and Religious keeping of the Covenant, do not eſtabliſh it, and make its obligation unavoidable? And whether after the interdiction of the Act, his Majeſties Declaration, That as things now ſtand good, men ſhall leaſt offend God and Me, by keeping their Covenant by honeſt and lawful ways, ſince I have the Charity to believe, the chief end of the Covenant in ſuch mens intention, was to preſerve Religion in purity, and the Kingdoms in peace; Be not a ſubſequent allowance ſutable to the equity of that Law in Numb. 30. and ſufficient to make the Covenant valid, and an indiſpenſable vow? 6. Whether an endeavour in our places and callings be not ſo far ſui Juris to the Subject, that it may be ſafely ſworn, without the conſent of the Soveraign, and ſhall bind the conſcience, notwithſtanding His declared diſſent thereunto? Laſtly, Whether the Approbation of His moſt Gracious Majeſty that now is, unto the Solemn League and Covenant, and the Aſſent unto the Ordinances of Parliament enjoyning the ſame, declared by Solemn Oath and Publick Declaration, be not a full, compleat, and formal Authority, ſupplying all ſuppoſed defect, and faſtning its obligation by a full Theological, if not formally Political Act of Parliament? And ſo hath varied the caſe, and all fancy of the non-obligation of the Covenant, occaſioned by the unhappy diſpute concerning the Authority converſant about it? When, Sir, theſe enquiries are ſeriouſly, and on ſolid Reaſons reſolved in the Negative, we ſhall confeſs, there may be ſome doubt of a diſcharge of the Obligation of the Covenant; and untill then, it lieth on our conſciences, and muſt be carefully regarded and performed, leſt the judgments of God come upon us, and we fall under the guilt of perjury.
Now, Sir, the matter of the Covenant being juſt and poſſible; the Authority eſtabliſhing it full and ſufficient; and diſpenſation from the Obligation of an Oath concluded to be a Popiſh Vanity; what can hinder our concluſion, that the Obligation of the Solemn League and Covenant is permanent, never to be diſcharged? Yet Sir,
Dr John Gauden, notwithſtanding his ill ſucceſs in looſing St. Peters Bonds, hath made an Eſſay for his full releaſe, though not immediately by himſelf (who can ſay no more then what he ſaid at firſt, and therefore ſaith it over again in his Epiſtle to the Doubts and Scruples before noted) yet by his profound allowance, and judicious teſtimony to the diſcourſe of Mr. John Ruſſel of Chinkford in Eſſex; the which is made authentick and acceptable to the world as good Caſuiſtical Divinity, and a clear reſolution of this caſe of conſcience, by this ſtamp on the Title page, Atteſted by John Gauden D. D. So that, Sir, I ſhould be diſ-reſpective to my Antagoniſt, if I make not a little ſtay, to conſider what is ſaid by his learned Chaplain; though I muſt confeſs it is ſo ſimple and ſhatter'd a diſcourſe, it is not worth reading, much leſs the leaſt of Anſwer: but I remember my promiſe at the beginning, That I would weigh what he could alledge to void the Covenant, which is his aim and profeſſed end; and therefore his Title page affirmeth, The Solemn League and Covenant diſcharged; or, St. Peters Bonds not onelyonly looſed but annihilated. An honourable deſign, an high undertaking, an hard enterpriſe, to releaſe the conſcience from the bond of an Oath! It is well if the attempt give us not cauſe to ſee Fronti nulla fides, and that the Title is ſtuffed with proud ſwelling words of vanity; yet he applieth himſelf to the work with ſome agility, as if accuſtomed to evade holy Bonds, and with eaſe to reſolve the moſt weighty caſes of conſciences, I will not ſay by a nimble profaneneſs to break Religious Priſons; and therefore in page 2 of his Book, he ſtates the queſtion, and telleth us:
I ſhall grant by way of ſuppoſition (we will be content with ſuch a grant) all that the moſt rigid Covenanters can deſire of me, excepting one point; I ſhall ſuppoſe the ſame to be impoſed by compleat and lawful Authority; to be no ways defective in circumſtances; to be clear and free from ambiguity; to be perfect in the form; to be ſound and lawful in the matter; to be pious in the end; fair in the manner of impoſing; that there was no fraud or violence uſed; but that all men took it with due deliberation and free conſent, by all which means it became a very ſtrong Bond and Obligation upon the conſciences of men.
Sir, This is, I confeſs, a very fair grant; if notwithſtanding all this, he can diſcharge the Covenant, by my conſent he ſhall never more be brought into durance; but what is that one point he denieth to grant us?
It is this, That the Solemn League and Covenant is ſuch a Bond on the conſciences of men, that it cannot be releaſed by any humane act or power. And in oppoſition thereto he affirmeth, That the ſame specifical power, or an higher than that which impoſed this Ʋow upon us, may releaſe us from the ſame either tacitely or expreſly.
This, Sir, is eaſily affirmed with confidence, but ſo ſimply and ſlenderly proved, that the Doctor hath ſhewed us little of judgment in his atteſtation to this work, as in his own Analyſis, and muſt needs make men obſerve his deſire of Releaſe is ſo fervent, as to allow and approve any thing that doth but pretend to diſcharge the Covenant.
The firſt on-ſet in order to the proof of what is affirmed, is by a kind of Preface with relation to the Ordinance, enjoyning the taking of the Covenant, which he ſuppoſeth laid aſide, and not enlivened into an Act; and therefore he takes it to be dead in Law, and ſhall hold himſelf free from the Bond of the ſame: But, Sir, it will abide a Diſpute (againſt a ſtouter Polititian than I judge Mr. Ruſſel to be) whether His Majeſties aſſent teſtified by publick Oath and Declaration, to the Ordinance for taking the Covenant, have not enlivened it into an Act.
2. The Ordinance may be dead in Law, and yet the Oath enjoyned by it alive in conſcience; for the one hath done its work in laying that obligation which now abideth, worketh, will work, and cannot be hindred; and then nothing but ignorance of the nature of an Oath, can lead a man to argue the Ordinance which brought me under it is dead. Ergo, I hold my ſelf thenceforward free from the Bond of the ſame. If St. Peter leap out at ſuch Loop-holes, he will be locked under heavy judgements: Is the Priſoner releaſed, becauſe the Warrant is of no more force, than to bring him into Priſon, and ſecure the Jaylour for keeping him therein?
Having paſt this Preface, he proceeds to his Argumentative part, and makes a great pudder about the power of Superiours over their Subjects in private, particular and promiſſory Oaths; and with the instance of Abraham and his ſervant, in the caſe of taking a wife unto Iſaac; wherein, I ſhall grant unto him, that in all particular promiſſory Oaths, grounded on condition, it is in the power of confederates, whether Superiors or Equals, to relax the Obligation, by not exacting the performance; only I would tell him he is miſtaken in his inſtance of Abraham and his Servant; for the Oath of the fervant was not releaſed by any act of Authority in Abraham; but if it had been releaſed, it had been by an impoſſibility of affecting the matter; and therefore the ſervants quaery on the peradventure the woman will not be willing to follow me into this Land, was not a ſupplicate for an Authoritative Releaſe; but a ſcrutiny into the Extent of the Oath; how far he was herein bound? which is plain by the quaery it ſelf, Muſt I needs bring thy ſon again into the Land from whence thou cameſt? On which Paraeus noteth, that this was in the ſervant, Paraeus in Gen. 24.5.Prudentia ſingularis, ne juret niſi de poſſibili; and therefore I muſt tell him, that I do not believe the father or husband, who may eſtabliſh the Vow of the Wife or Child, can afterward make it void again; and becauſe he may be unwilling to learn of me, I would commend Dr. Sanderſon to be his Tutor, he will teach him one Leſſon which confuteth his whole Argument he would have managed, and the Notion on which he doth bottom it; Superiorem ſi expreſſo conſenſu ſuo, ſive Antecedente, ſive ſubſequente, promiſſionem ſubditi ſemel confirmaverit, De Juram. Praelect. ſeptima. ſect. ſexta. p. 223.non poſſe eandem irritam facere, aut obligationem ejus tollere.
By this poſition, concerning particular, private, promiſſory Oaths, he pretends to pave his way to the grand question in hand, and as by by Rules in Military Diſcipline to make his approach at a reaſonable diſtance, and make good his firſt ground, on which he ſtands ſo ſure, that he advanceth not one ſtep higher; but as if at work in *A rude and rough pavement in Cheſhire, done in the night, as tradition ſaith, by the Devil, who could not leave it till done.Wakefield Pavement, or hurried about by ſome Fairy Dance, he traceth to and fro at all uncertainty, but is ſtill found in the ſame place unto the end of his Book; one while he can find no publick Covenants whereto to compare ours, which is of no moment; let him make good his Poſition by Demonſtrative Reaſon, we will admit our Covenant to become the firſt publick Preſident. Another while he keeps a ſtir about the nature of the Covenant, which he will needs have to be in the Form of it, a civil and human Creature, ſubject to infirmity, to be taken away by men, and that it is an Oath, though the Heathen did ever make Juramentum and Religio to be ſynonimous in publick Contracts, becauſe an Oath was a moſt eminent Act of Religion; at length he ſtumbles out his notion and fancy in a Parable; and purſueth that, forgetting Theologia Parabolica non eſt Argumentativa, that Parables prove nothing; but proving it to be verſatilis materia, ut huc illuc trahi imo & duci poſſint, pliable to any wild and quick fancy, he endeavours to bend it to his purpoſe; but ſo very dully, that he cannot but loſe his end. He tells us that an Oath is a bringing a Trial into Gods Court, wherein the Impoſers are the Plantiffs, the Covenanter, or him who ſweareth, is the Defendant, and God is the Judge; the which makes as good Muſick as Aſinus ad Lyram; all that I read, did ever make, not the ſwearing, but the exaction of the performance of an Oath, to be the Suit in Gods Court; and the Oath or Covenant to be the cauſe and ground on which the Suit is brought; and God as well as man to be the Plantiff, and a Party, as well as a Judge in every Oath, by reaſon whereof the Oath can never be diſcharged, becauſe no man can releaſe Gods Right and Intereſt in an Oath: De Juram Praei. ſept. Sect. 4. pag. 214.So Dr. Saunderſon doth expreſly teach, In Juramento promiſſorio non tantum proximo fit obligatio ſed & Deo; praeſumptio igitur non ferenda eſſet, ſi terra & cinis aſſumeret poteſtatem tollendi obligationem qua homo obligatur Deo; which quite overthroweth his drift and aim, which is, That if men will not exact the Oath, or be content that it be not performed, God the Witneſs and Avenger, or Judge of it, is tyed up; and he will not expect it, or puniſh for the neglect of it: But Gods thoughts are not mens thoughts; he that ſweareth binds his ſoul unto the Lord, and muſt perform the thing that cometh out of his mouth.
When his dull Genius had made a dark diſcovery of this nature of an Oath, he pretends to reſolve an Objection, That when the Covenant was adminiſtred, the Trial was finiſhed (he means founded, for the Suit was not commenced till performance be exacted) and a Bond was put upon the conſciences of men by the immediate hand of God; and therefore we ſay no human power can take off this Bond.
Unto this he gives a moſt profound Anſwer, which thwarts and overthroweth the whole ſcope of his Book, and makes it appear he is rowling Syſiphus ſtone, which ſtill returns upon him, and reneweth his labour; his Anſwer is, I ſay ſo too, what would you have more? Nothing, for it is enough; yet we muſt be directed how to think of him, I would not have you think that I have been ſtudying all this while to attribute a Pope-like power to my ſuperiors, to diſpence with the bond of an Oath that is already put upon my conſcience. No indeed, I rather think he is ſtudying how to looſen a pair of tyring Irons.
But hath he no hole to creep out at, and evade his Anſwer, but thus expreſly overthrow his own deſign? yes! When what was ſworn is performed, we are free-men, unleſſe the Superiour gets us into a new Bond. That is very true, but what doth he infer? This is all that I expect, that the higher powers will not renew the Oath and Covenant, and then that buſineſs is at an end. But I doubt, Sir, he reckoned without his Hoſt; Hath he performed what he promiſed in the Covenant? it was thought to be work for all the days of his life; he is ſure a quick Merchant; or is he not rather ſo bad a Pay-maſter, that he will not perform any thing further then he is conſtrained, by being haled to priſon? like a Bankrupt, he dreams forbearance is an acquittance; and is ready to begin a new ſcore of Covenants, if any man be ſo mad as to truſt him; if he can be ſecured from any new Bond, his conſcience will never make him pay the old; he had need to be quickned, or otherwiſe he is reſolved to be diſcharged: But I believe ſecond thoughts will make him to ſee, he had need to pay for the old, before he be truſted for new; when he dreams the Tryal is ended, the Suit is but beginning; what though the Higher Power never renew the Covenant, will that cancel the Bond given to God? if he agree not with his Adverſary quickly, he will be caſt into priſon; verily he muſt not come thence, till he have paid the utmoſt Mite; nor will it make a Plea to the leaſt mitigation of damages, to ſay, Lord, My Superiours did never require me to renew the Covenant! His Majeſty is like to have Loyal Subjects at Chinkeford, where they are taught, that their Allegiance being once performed, if the King do not cauſe them daily to renew the Oath of Allegiance, they are free to turn Rebels and Traytors, for any thing they had ſworn before: This is an Eſſex — much cheaper, and more eaſily to be had than a Popes Bull; if I be not by the impoſer exacted and required to perform, I am ipſo facto, releaſed; he ſhall never want Clients, that can make ſuch Releaſes; yet you muſt note, this he manageth with moſt earneſtneſs and ſeriouſneſs, as reaching the very myſtery and depth of the Covenant.
But, Sir, he hath Salvo's for his Diſtinction; and Reaſons for his Aſſertion; What is pious, good and lawful in the Covenant, doth ſtill bind per vim Praecepti, but not per vim Juramenti; and if he perform not the contents or intents of the ſame, he is guilty of diſobedience, but not of perjury. What a dull Buzzard am I? How have I ſpent my time, that never learned this Notion in Divinity before? I had once a Tutour commended to me by Dr. Chappel, and he makes me believe, the ſoul might at the ſame time be under a double Bond to the ſame Act; the ſingle tye of the goodneſs and lawfulneſs of the Act, and the Cords of an Oath or Covenant, and that the laſt was the ſtricteſt Bond; he tortured my conſcience with the thoughts of a complicated ſin, in not doing a duty ſworn to be done, and the guilt of both, diſobedience and perjury. I muſt ſure leave him, and take unto Mr Ruſſel, atteſted by Dr. Gauden, he teacheth a ſmoother way to Hell. for where we are under a Duty, and an Oath to do it, in not doing it I ſhall be but damned for the leaſt ſin, the diſobedience, not the perjury.
2. It was never yet denied, that in a promiſſory Oath between private perſons, be to whom the promiſe was made, if he will releaſe, he may releaſe; if he had for never directed us to read ever; this had been an intelligent obſervation; for it hath ever been denied, that any man could releaſe the Oath, Dr. Saunderſon denieth it, and Grotius denieth it, and I deny it; and therefore they diſtinguiſh between the Ralaxation of the matter of the promiſe, which is to them ſui Juris, and the Releaſe of the Oath, which is Gods proper intereſt; I may remit my profit or benefit, and yet not releaſe an Oath; by his leave Sir, I do again deny, That Abraham did releaſe his ſervant; that which he dreames of to be a Releaſe, was part of the very Indenture of the Covenant or Oath, that the ſervant might ſee the matter of it in its Extent; but ſpare me Sir, what is all this to the purpoſe? it is to be proved that the Solemn League and Covenant is ſuch a promiſſory Oath; it was indeed agreed, concluded, and conſented unto by two Nations; but yet it is not a reciprocal promiſe each unto other, that they may at any time relax each to other the whole, or any part of the conditions thereof; but is a joynt Oath or Ʋow to God, by mutual Agreement put on the Kingdoms of England and Scotland; and then to follow his fancy, God, and God only, is the Plantiff, and no Higher Powers of either Kingdom, but they as Members of the Kingdoms are Defendants; whom God impleads to perform what they are bound to do. His promiſe was to prove the Covenant to be of the nature of a promiſſory Oath, which might be releaſed, and this I expected; but I would have him take time enough to do it in, I will expect his Reſolution at Doomſ-day, when the Tryal ſhall be undoubtedly ended, and the Judge will openly declare his ſentence againſt all who have broken, or ſhall break the Covenant, though not renewed at the command of the Higher Powers.
This Gentleman tells the World, That Mr. Crofton wonders at Dr. Gaudens Logick, in arguing the evil of it, from the unbleſt effects and conſequences of the Covenant; And I think Sir he had Reaſon; for Event was never judged a Rule of Equity; but the unbleſt effects reflected on the Covenant, did only accompany it, not ſprung from it, as its proper brood, and natural iſſue by it procreated, Shall wicked mens reluctancy to piety and order, or perfidy and contempt of the Oath of God create evil effects, accidental ſequels to the Covenant, and it be condemned? Sir, this man is ſure half an Arminian, and thinks Gods command to Adam to have been the cauſe of mans Fall: Is he not rather half an heathen, that in all Tumults, Earth-quakes, and Plagues of God upon them, would cry out, Chriſtianos ad Leones, as if they were the cauſe of all? Let any of them ſpecifie that evil in the Covenant, which hath a natural tendency unto theſe unbleſt, or let him ſpeak out, curſt effects; and I will damn it as an accurſed thing: But Sir, Mr. Crofton did not ſo much wonder at the Drs. Logick in this Argument, as at his little Reaſon or Religion in giving his Attestation to ſuch an Irrational, Atheological, Wild and Wicked Diſcourſe as this is; whilſt he fears the Covenanter is righteous over-much; I would adviſe him to conſider whether the next words do not ſuit his ſpirit, as proper for his medition; Eccleſ. 7.71.Be not over-much wicked, neither be thou fooliſh; why ſhouldest thou dye before thy time? For Sir, if I can judge, his words are the language of a Fool, and his Arguments the Reaſons of wickedneſs, and ſuch a Releaſe of the Obligation of the Solemn League and Covenant, muſt needs haſten his ruine.