in the settlement of this Nation upon the Concessions at Newport as being destructive to the specially profest Interest of themselves and their Presbyterian friends in England The which acquiescers seeing they were those very heterogeneous Members who could not but let any building save on that foundation till they were taken out of the way what a chain of security their continuance at the stern might have framed the consideration of the links of their adherents Inchiquin Belfast Ormond c. Yet going on who knows how far further will help themselves to give judgment It is heartily therefore wished by me and with me I doubt not but by all those who duely ponder the present carriage of the most of them That if their judgments be indeed inclined to the Presbyterian way they would be more cautelous in the offering to engage a whole Party in what is too too evidently the meer driving on of the self-interest of some discontented persons and indeed apply themselves without partiality to the Law and Testimony as they have this aged and reverend Author in these his grave and judicious Discussions upon special Reason we see directed to those our neerest neighbors of Scotland for an example together with such other worthy ancients whether in yeers or understanding which do yet remain exemplary who being of a fuller age in controversies of this nature then by such as satisfie themselves to swim in a stream is attained by reason of use have their sences exercised to discern and are become more skilful in the word of righteousness and shine with greater brightness in the rendring of what is due unto all as ordained of God And that they would timely cease their causing of many to stumble an evil of old complained of by the Prophet as raigning in the Ministery of that generation see and consider Mal. 2. 7 8 9. and that they would not go on to render themselves contemptible before the people by their corrupting the Covenant which is the main scope of this premised Advertisement to these Leaders of the over-credulous into the snare wherein they have led themselves captive By a Friend to pure Religion and his Native Country A Religious Scrutiny Or an important expedient QVESTION To be represented to the GENERAL ASSEMBLY Of the Kirk of SCOTLAND Touching the unlawfulness and nullity of some kinde of unequal Marriage As a Consectary to the late Necessary and Seasonable Testimony against Toleration in reference to Religion From the Commissioners of the Kirk The Preamble to the Question IT is most humbly and sincerely desired That the Reverend and godly-wise Pastors and Elders of Scotland conveening in the General Assembly of the Kirk may be pleased to take into their grave and mature deliberations the ensuing Question of grand importance and expediency They are earnestly and religiously solicited hereunto the rather sith a satisfying Resolution of the case in hand may argue not onely their unfeigned and impartial zeal against Toleration in reference to Religion which the necessary and seasonable Testimony from their Commissioners of the Kirk with their Admonition and Exhortation unto their Brethren in England together also with the Concurrence of the Estates in Parliament allowing and attesting the same and a Letter likewise from the said Commissioners to the Ministers of London Province dated at Edinburg Ian. 18. 1649. do fairly and learnedly pretend unto and in the judgment of Christian charity do piously contend for according to the Scriptures but also may tend to instruct and establish pure mindes studious of truth and p 〈…〉 in this conjuncture of cloudy and scrupulous emergencies occasioned by the extraordinary overtures and mysterious transactions of the Parliaments and Souldieries in England and Scotland even in the one Nation as well as in the other both in the State and Church affairs But let the Answer be ingenuous punctual solid plain and cleer grounded on the holy and good Word of the eternal God and let it be truly weighed in the balances of the Sanctnary which deceive not nor can be deceived For so it becometh the truth which is after godliness This is brotherly and modestly requested by an English Minister of the Gospel in his measure zealously affected to the honor of the true God and sincerely loving to his most endeared native Country and a hearty wel-wisher of the best good unto theirs who hath now about the space of fourty yeers served God with his Spirit in the Gospel preaching the Word in season and out of season reproving rebuking and exhorting with all long-suffering and doctrine save in some intervals when a first second and third time hindered and restrained by Prelatical suspension and Tycannical persecution for the Testimony of Jesus Christ and thereby necessitated to keep silence till the indignation was overpast and who still aged endevoreth diligently and industriously according to his capacity ability and opportunity the propagating of the Gospel and Kingdom of Christ the utter extirpation and subversion of Popery Prelacy Superstition Heresie Schism and Prophaneness and the establishment of the Ministry and Discipline of Christ in Presbyteries and Synods in all Churches joying greatly in beholding such order and contributing prayers That notorious Delinquents may in a due way be censured and proceeded against according as the nature and degree of their offence may require in doing justice and judgment upon them that so the Lords people may not be left to oppressors whose designes and machinations do portend to make voyd God his holy just and good Laws and Ordinances The Question WHether the marriages of men professing the true Religion of God according to the Faith of Gods elect and acknowledging the Truth which is after godliness contracted and made with the idolatrous daughters of a strange god and through strong delusion beleeving a lye after the working of Satan in all deceiveableness of unrighteousness ought not in a due way to be separated and made voyd as being a nullity de jure from the first And whether the children born of them in their pretended conjugal Society ought not to be separated and cast out from patrimonial Inheriting And consequently whether the marriages of Protestants of the true Christian Religion made with Papists of the Antichristian false Religion ought not to be separated And whether the children born of them ought not to be cast out from inheriting in Christian Nations of the Reformed true Religion The state of the Question discussed and ventilated in the consideration of certain Observations Cases and Restrictions for anticipating misprision and futile prevarication I. THe subject of the Question is taken for granted viz. There is a lawfulness and requisitness of separating and making voyd the marriages of some persons unlawfully contracted at the first and there is a lawfulness of the casting out the children born of them The Word of God giveth very evident testimony hereunto holding forth a most direct and undeniable president beyond all exception as being practicable according
a Bill of divorcement for the putting away of the wife notwithstanding the marriage was lawfully made and continued until such occasion see Matth. 19. 9. IX And lastly the Question is not whether in all ages and times recorded in the Scriptures the Rulers commissioned to execute justice and judgment on notorious offendors have fully approved their integrity and faithfulness in acting in the specified case as had been meet 1. Forasmuch as the sacred Records in matters of fact are many times silent lest they should be too voluminous and because also that which is recorded is enough for the guiding of beleevers in steering of their course see John 21. 25. and Chap. 20. 30 31. 2. And forasmuch as sometimes the Rulers who ought to have been vigorously active against miscarriage of any herein have been themselves delinquent and so the edg of Iustice hath been thereby blunted see Solomon Nehe 13. 26. Iehoram 2 Chron. 21. 6. 3. Yea and forasmuch as pious and reforming Princes have yet some of them been too remiss in zealous executing according to Law as they ought to have done even as the Scripture sheweth in the example of gracious and worthy Iehoshaphat 2 Chron. 20. 33. and of the zealous and constantly upright-hearted King Asa 2 Chron. 15. 17. In their not taking away of the high places It is the Annotation in the Margent of the Bible Printed at Edinburg by Andrew Hart 1610. much approved in Scotland on 2 Chro. 15. 16. touching King Asa his deposing his mother Maachah from her regency because she had made an Idol in a Grove That therein he shewed he lacked zeal for she ought to have died both by the Covenant as vers 13. and by the Law of God but he gave place to foolish pity and would seem also after a sort to satisfie the Law Concerning the which Annotation the propounder of this Question heard it reported about fourty yeers agone from authentick witnesses that King Iames was so offended thereat that he for that Note sake would not permit thenceforth any Bibles in English to be Reprinted with any Annotations whatsoever neither of the new Translation nor of the former old Translations Which by the way may advertise the learned and forward attesting Brethren of the Ministery both in Scotland and in London and some other Provinces of the English Nation that it need not seem strange if there be a paucity of presidents in the Scriptures or modern Protestant writings about penal executions on superlative persons especially as matters have stood under Monarchy When yet notwithstanding there is sure and sufficient rule and example in the Word of God either directly expressed or by just consequence to be deduced from the latitude of Commandments and Scripture Historical which may satisfie Conscience and also oblige and encourage unto the due execution of Iustice so that the Question is as it is stated Whether commissioned Rulers supreme or subordinate ought not formerly and consequently Whether they ought not still even in these Gospel-days according to occasion see to legal execution in the matter in hand or any other Motives inducing unto the representing of the Question arguing the importance and expediency of it I. TExts of Scripture expresly 1. Requiring and commanding professors of the true Religion that when they shall make use of their liberty or necessity to marry to be sure that they do marry onely in the Lord see 1 Cor. 7. 39. 2. Prohibiting and forbidding people in Covenant with God to make any marriages with daughters who are strangers to the Covenant of God see Deut. 7. 3. 2 Cor. 6. 14. 3. Complaining of convincing and reprehending such mixture in marriages see Ezra 9. 2. Nehe. 13. 23 24 25 28 Mal. 2. 11. 4. Threatning and denouncing punishment to be executed in such case of unlawful marriages whoever the offenders are see Mal. 2. 12. 5. Informing of the approved course of faithful and religious Rulers in the separating and putting away such idolatrous wives and such as were born of them to be done according to the Law see Ezra 10. 2 3 c. 6. Declaring and shewing Gods proceedings in judgment against the old world by the deluge for sin in this kinde see Gen. 6. 2 3 c. II. Divine forceable Reasons made use of in the holy Scriptures against such mixt prophane marriages taken from the 1. Inequality of their being yoked together in conjugal society see 2 Cor. 6. 14 15 16. compared with Deut. 22. 10. 2. Extream danger of the not attaining of an holy seed in mixt marriage which yet ought to be seriously looked after as that which God seeketh and mindeth see Mal. 2. 15. But in all appearance is likely to be frustrated hereby see Ezra 9. 2. Nehe. 13. 23 24. Inasmuch as children are most apt to be swayed according to their mothers principles see 2 Chron. 22. 3 4. 3. Dangerous ensnaring the husbands in the sin of the Wives foreseen and warned against by the Lord himself see Deut. 7. 4. and envinced by woful event see 1 King 11. 1 2 4. Nehem. 13. 26. whence also ensueth an hinderance or disturbance of religious family duties of prayer 1 Pet. 3. 7. and consequently a drawing down the wrath of God on them Jerem. 10. 25. III. Evident testimonies of ancient and modern Theologues in their approved Orthodox writings occasionally treating hereabouts viz. 1. Old Tertullian one of the most learned Latine Fathers in whose writings Cyprian the Father and Martyr delighted to exercise himself every day Lib. 2. ad uxor cap. 3. He asserteth That beleevers marrying with Gentiles or Pagans are guilty of whoredom and that they ought not to be communicated withal This Book of his is approved by Abr. Scultetus who was an eminent professor at Heydelburg in his Medul Patr. 2. Peter Martyr a most pious learned and much renowned professor heretofore at Oxford and elsewhere in the reign of King Edward the sixth and very much endeared to most Orthodox Protestants of the Reformed Religion in his Commentar on 1 King 3. 1. disputing De dispari conjugio propoundeth sundry Arguments against mixt marriages quoteth some of the Fathers as being of his minde even Ierome Augustine c. and answereth sundry Objections yea and albeit he hath somewhat in the close of his discourse to allay extream severity yet it may appear the Question being rightly stated that none of his allayes do infringe the Arguments 3. That famous and worthy Minister of Christ in the University of Cambridg Master William Perkins in his Warning against the Idolatry of the last times asserteth That the marriages of the Israelites with Idolaters mentioned Ezra 10. 3. were indeed voyd and no marriages He alleageth two Reasons thereof the latter whereof is In that they were not onely idolaters but also inticers to idolatry God by express Commandment did simply forbid the Jews to marry with them unless they did repent and change their Religion And in regard of this Commandment
as if thereby likewise there were a notorious breach of the Solemn League and Covenant Will ye be pleased to weigh and consider what is offered to your view in the short ensuing Answer tending to satisfaction and resolution Answ. 1. Be it known unto the Objecters whether Scots or English that at least some of the prime promoters endevorers and contributers unto the doing of justice and judgment on the capital Delinquent and Delinquents are persons truely fearing God exercising themselves to have always consciences voyd of offence towards God and men partaking in their measure of all the properties and marks of true Church members asserted in Psal. 15. And who have not forgotten God nor delt falsly in his Covenant so that whatever cometh on them they will not they may not suffer their integrity to be taken from them 2. Let all men know whoever they are That Ministers of the Gospel and people professing the Gospel fearing God have not been wont to esteem it nor yet do think it any disparagement at all to be zealous with a perfect zeal against the crying sin of blood-guiltiness Doth not the Moral Law expresly prohibit murther And doth not the Iudicial Law expresly direct unto the satisfactory expiation thereof by putting to death the blood-guilty And is not Gods controversie with a Land defiled with blood 〈◊〉 judgment be executed Blood-guilty King Saul left unto himself and doing execution on himself 1 Sam. 31. 4. Had he been alive when inquisition was made for blood by occasion of a three yeers famine he ought to have been put to death as well as those of his bloody house were because of his sinister zeal in slaying his servile subjects the Gibconites see 2 Sam. 21. 1 2 6. David for his blood-guiltiness in the exposing Uriah to the sword of the Ammonites deserved death his own mouth conscientiously passing sentence however the One absolute Lawgiver who might do what he pleased according to the full Soveraignty of his own Will exchanged his death for his childe 's at that time see 2 Sam. 12. 5 12 13. All this the Objectors do know well enough howbeit they are someway transported to elude herein Non tutum est ludere sacris Cavete 3. It is taken for granted That the contrivers urgers and takers of the Solemn League and Covenant did mean endevor and act according to the sacred conditions of an Oath prescribed in Jerem. 4 2. Thou shalt swear The Lord liveth in Truth in Iudgment and in Righteousness If otherwise it is a taking of Gods Name in vain An Oath may not be vinculum iniquitatis an obligation to sin This plea the defendants have against the plaintiffs 4. In the preamble unto the taking of it it is expressed That the end of the Covenant as a last refuge was the preservation of the takers of it and their Religion from utter ruine and destruction So that the six particular Articles of it were intended and pretended to have a tendency to such an end and not otherwise Now such hath been the end and hereunto have served the means of the defendants in this case Let the adversaries judg if otherwise apparent 5. In the Parliaments Order of Septemb. 25. 1643. about the taking of it It is required That the Ministers who were appointed to tender it should read it and then explain it and then perswade to the taking of it This Order seemeth to imply not onely a necessity of the explaining of it but also a requisitness in so taking of it as explained in its just sense and latitude and end and not otherwise And this also is the plea of the Covenanters honestly and uprightly disposed as all must needs acknowledg 6. Whereas the title prefixed unto the Covenant is A Solemn League and Covenant for Reformation and defence of Religion the honor and happiness of the King and the Peace and Safety of the three Kingdoms of England Scotland and Ireland The explanation must needs be That such Reformation and defence ought to be prosecuted in lawful and just ways and means for the accomplishment thereof and not otherwise And in this sense no doubt the faithful Covenanters have taken it 7. It must needs be understood rationally That the course for the due accomplishing of what is in the title or more full expression of the six Articles of it ought to have their mutual consistency without any prejudice to any of the particulars whether they be absolute or conditional onely whether they be primary or subservient onely Our Lord Christs vindicating of his Disciples touching the keeping of the Sabbath against the calumnies and exceptions of the Pharisees see Matth. 12. 1 2 9. may vindicate the objected against in the case in hand 8. Touching the endevor Covenanted in the first and second Articles it is charitably hoped That all the takers of it have complied therein more or less according to their calling capacity and opportunity thereunto Every one standeth or falleth to his own master howbeit it is most probably conjectured That such Parliamenteers and their adherents who voted against the Concessions of the King in the treaty at Newport in reference to Religion and Covenant as no just ground and foundation for a good Peace argued thereby much faithfulness to the Covenant Ye your selves acknowledg Testim against Tol. pag. 12 That those Concessions if acquiesced in were dangerous and destructive both to Religion and Covenant 9. The third Article of the Covenant in the first branch of it touching Endevor mutually to preserve the Rights and Priviledges of the Parliaments and Liberties of the Kingdoms must be understood of known and just Rights and Priviledges and Liberties otherwise there must needs be a transgression of the Rules prescribed above mentioned see Iere. 4. 2. Answ. 3. 10. Touching the second branch of the third Article viz. To defend and preserve the Kings person and authority in the preservation and defence of the true Religion and Liberties of the Kingdoms it is to be taken notice of That this branch is propounded and taken conditionally and with limitation viz. With respects unto the ends specified Supream or subordinate Authority is custos utriusque tabutae the Keeper of both Tables Now as the Governors do act answerably to the just nature of their Offices they ought to be honorably assisted and defended but if they shall act contrarily even tyrannically then it may and ought be said and done unto them as just means and opportunity do serve thereunto as Iehu said to Ioram see 2 Kings 9. 22. 24. What peace so long as the whoredoms of thy mother Jezebel and her witchcrafts are so many And Jehu drew a bowe with his full strength and smote Jchoram between his arms and the arrow went out at his heart and he sunk down in his chair 11. Whether the fourth Article of the Covenant hath not been endevored by our Covenanting Parliament and their adherents for discovering Incendiaries Malignants and evil Instruments whoever