take no satisfaction for the life of a murderer which is guilty of death but he shall surely be put to death x Thine 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. y Whatsoever 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 a saith Verior â—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 mark a passage in Mr. b 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 c Hospinian rightly saith Non statim omnia quae pio animo bono zelo instituuntur absque 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 and are willing to take it there is no warrant in Scripture for it d 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 e Nunquid bruta irrationalia said they nos putatis ut juremus nescientes quid charta câ—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 f 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 g 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 ex 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
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 't is 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 't is as clear as the Suns that shines for many particulars in the Covenant are still ridles and dark sentences and it is not yet known whereto they have relation I remember what r Augustine writes of Purgatory Forsitan verum est non est 〈◊〉 â—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 s one speaks very well A private interpretation of a publick act cangivs no satisfaction unlesse it be expresly or verâ—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 Sâ—to Soto and Catherinus c. commenting on the Councell of Trent I do not know that the high Court of Parliament hath anywhere declared what they mean by heresiâ— 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 t 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 Rightcousâ—esse that it be a just and lawfull thing which he swearâ—th Juramentum non sit vinculum iniquitatiâ— 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 whethâ—r it appear unto us presently when we make the oath or afterward finding iâ—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 u 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 tâ—â—tum non obligat saith x Amesim sed si observetur auget reatum Not onely 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 y Law saith Contractus vel pacta contra legem prâ—â—â—biti nam sunt jure nulla a Again Conditio â—â—rpiâ—â—el impossibilis vitiat actum 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 b 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 incâ—nsiderate suscepta non modo nihil obligant sed necessario sunt rescindenda Vows unadvisedly made are such as not onely 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 c By this Covenant-oath all Independents ought to be expelled from the House of Parliament yea not
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 Å¿ 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 t Oleaster 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 Augustine to this purpose speaketh well u Qui hominem provocat adjurationem scit eum falsum juraturum esse vincit homicidam quia homicida corpus occisurus est ille animam imo duâ—s animas ejus animam quem jurare provocavit suam c. Ecce jurat eâ—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 x 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 peâ—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 y The 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 I shall onely 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 a cited 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 b 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 c Lord 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 d 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 leaâ—ned and godly as they teach that such ought to be broken and not kept Qui servat juramentuâ—n illicitum bis peccat semel male jurand iterum male juratum servando saithVrsinus So e Pareus Those Oaths are laudablie broken saith Mr. Downam which are unlawfully made And to this both f Lutherans and g Papists consent Philo speaking of those Vows and Oaths whereby men binde themselves contrary to that which God hath commanded thus writeth h Quasi non melius Deoque 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 mercie he will pardon the unadvised