persons estates consciences if we refuse to conform to their rules and orders thus is the Covenant become an Achan a troubler a fire-brand in the Nation and serves for no other use but to make division keep open the breach of differences and to strengthen the opposing parties one against another till in the end they are quite undone on all sides The h Law saith Contractus vel pacta contra legem prohibiti nam sunt ipso jure nulla Contracts or Covenants against a prohibited Law are void by right It is against the Law of God Nature and Nations for any people to enter into a solemn League and Covenant to destroy their own safetie But the wit of an Enemie could not have devised a thing more pernitious and destructive to our pubâ—ick peace and safetie then the Covenant for it is not possible that ever this Common-wealth shall be setled according to what the Parliament hath lately declared and the Covenant duely observed so incompatible is the one with the other 2. There is in the Covenant as little honestie the late k King spake true enough I see the Imposers of it are content to make their Covenant like Manna not that it came from heaven as this did agreeable to every mans pallate and rellish who will may swallow it they admit any mens senses of it though divers or contrary with any salvoes cautions reservations c. And as it admits of equivacotion and mentall reservation so corrupt men and hypocrites have libertie enough there granted to carrie forth their designes and private interests in deceiving and wronging others l The Temple of the Lord the Temple of the Lord was the cry of the hypocriticall Jews in the Prophets time And when Hambleton brought the Scots into this Kingdom to steal murder and commit adulterie did they not then trust in lying words saying The Covenant the Covenant m Venena non dantur nisi melle circunlita vitia non decipiunt nisi sub speeie umbraque virtutum Poyson is not given but mixed with honey and vices deceive not but under a shew and pretence of vertue The Covenant indeed is a prettie cloak to cover any knaverie villanie treacherie and if our Brethren shall once more attempt to oppresse the stranger the fatherlesse and the widow and shed innocent blood in this Land I make no question but they will pretend to do all this by vertue of the Covenant who is ignorant of rebellion and treason frequently taught in City and Countrey and the people provoked to a new war Authoritie despised Magistracie contemned lawfull and just commands of superiors rejected and no other texts for all this but the Covenant n Cicero saith Nihil honestum esse potest quod justitia vacet If it be according to justice that men shall shed innocent blood rob their neighbours and for Subjects to despise dominion and speak evill of dignities make insurrections and mutinies in the Common-wealth presse the Magistrates to persecute the Saints and suppresse the truth then hath the Covenant honestie in it otherwise it is a most dishonest thing if it be understood as the Presbyterian Scots and English give their sense and interpretation of it From the definition of an Oath and ends we come next to the properties which are three layd down by the Prophet Thou shalt swear the Lord liveth in truth in judgement and in righteousnesse First in truth which is that the speech agree with the thing and the minde with the speech so that we swear unlawfully when we swear a thing that is false or falsly a thing false when we swear an untruth the speech disagreeing with the thing falsly when as we swear the truth but deceitfully when we purpose to deceive the heart and tongue not agreeing together 1. It was a false thing when the Covenanter swore to endeavour the extirpation of schisme and heresie for howsoever not expressed so in words yet this he vowed to do that he would persecute the godly and not suffer them peaceably to worship the Lord p Pareus commenting on these words They will scourge you in their synagogues saith Damnati non argumentis aut scripturis refut abuntur sed flagris coercebuntur They are condemned not with arguments or confuted by Scriptures but forced by whips And quoting some examples for it concludes Plurima deinceps suppeditavit historiâ— Ecclesiastica hodie inquisitio Hispanica ubi similibus argumentis doctrina Christi refutatur The Ecclesiasticall History shews many the like instances and so the Spanish Inquisition at this day where the doctrine of Christ is confuted with such kinde of arguments And in truth this Covenant may be added to the number for there is not one word in it of confuting heresie and schisme by Scripture the Covenant binds no man to do this extirpation that is fining silencing imprisoning banishing and murthering the Saints and that for the Gospels sake But 2. be it granted the Covenanter is no way mistaken about heresie and schisme the question then is by what Gospel precept or example he is obliged to swear that he will pluck up these tares and not suffer them to grow in the world untill the harvest where hath Christ or his Apostles taught him to judge them that are without The Italians have a Proverb that whosoever runs beyond his Commission must run the hazard of it upon his own account Calvin howsoever he wrote a whole Tract about punishing of Hereticks yet he could not choose but acknowledge so much truth in a few lines as confutes the whole Treatise for q having shewed how the holy Bishops of ancient time did not exercise any Authoritie in fining Imprisoning and civill punishment gives his own opinion thus that as the Church hath no power of forcing of her own Neque expetere debeat de civili coercitione loquor Neither may she require it I speak of the Civill Magistrate to imploy his authority in a civill way And this r was Bernards opinion before him Fides suadenda est non imperanda Faith is to be perswaded not forced So Å¿ Augustine Docendo magis quam jubendo monendo quam minando Rather by teaching then commanding by admonishing then threatning Amminiamus writes of Valentinian thus Hoc moderamine prinâ—ipatus sui inclaruisse quod inter religionum diversitates medius steterit nec quemquam inquietaverit neque ut hoe ant illud coleretur imperaverit nec interdictis minacibus subjectâ—rum cervicem ad id quod ipse inclinaverit With this moderation his principalitie shined that amongst diversities of Religion he stood in a mean troubled no man nor commanded either this or that should be worshipped nor by threatning Edicts forced his Subjects to bow their necks to do what he himself did What Maximilian would usually say it is well known Nullum enormius peccatum dare posse quam in conscientiâ—s exercere velle Qui enim conscientiis
to go up to Jerusalem for the building of the Lords house but such b among the people as would and with whom their God was such indeed and none else had libertie granted and means allowed them to return but as for compulsion or violence there was not any used 2. Touching that Covenant which they made wrote sealed and swore unto let it be observed 1. That Ezra and such as went with him before their journey c humbled themselves by fasting before the Lord for direction 2. When they were come to Jerusalem not onely was there much weeping and wailing d by him for the fins of the people but also great e manifestation and practice of repentance and amendment of life by all the Congregation 3. As the Covenant tyed them onely to the keeping of the Law so when all f the people were gathered together as one man they had the Law read and expounded unto them to the great humbling of all the people at the first but afterwards to the great rejoycing of them all BECAUSE THEY HAD UNDERSTOOD THE WORDS THAT WERE DECLARED UNTO THEM And in the last place and for the shutting up of all g confessing their sins and the iniquities of their fathers with fasting and with sackcloths and earth upon them h the Princes Levites Priests i and all they that had separated themselves from the people of the Land voluntarily and freely covenanted not through compulsion and fear to walk in Gods Law which was given by Moses the servant of God and to observe and do all the Commandments of the Lord their God and his judgements and his statutes every one having knowledge mark it well and having understanding There needs no application the setting down of these things with the Readers bearing in minde what I have formerly manifested is conviction sufficient of the other Covenant or at least to finde nothing there for it's justification no not so much as a leaf to cover the nakednesse of it 2. For Hezekiahs time I finde nothing in the History of his life in relation to this businesse It is said they k made a Proclamation throughout all Israel that they should keep the Passeover at Jerusalem and divers of Asher and of Manasseh and of Zebulun came thither but this was willingly not by any compulsive law for 1. he had no authoritie over them at all 2. It was l the hand of Gid upon them and Judah to give them one heart to do the commandment of the King 3. Whether they were of Israel or of Judah m the whole congregation rejoyced in the work and good reason too for they well knew what they then did it was their duty to do and no more but what they had formerly by Covenant obliged themselves unto 3. And for Josiahs time it is written n he made a Covenant before the Lord all the men of Judah and the inhabitants of Jerusalem and the Priests and the Levites and all the people great and small being present to walk after the Lord and to keep his Commandments c. And he caused or appointed for the word signifies no more all that were present in Jerusalem and Benjamin to stand to it o And all the people stood to the Covenant Note 1. p it is said he read in their ears all the words of the book of the Covenant that was found in the house of the Lord So there was nothing that he tyed them unto but what they certainly knew to be just holy and good 2. He causeth them not to stand unto any thing but what before they had covenanted and promised to do and therefore here was no new Oath or properly any making of a Covenant but a renewing rather of their Covenant no solemn League and Oath to bring in and establish amongst them a new worship discipline and Church Government but a publick engagement to continue in such a religion to which they had before submitted Now Reader wipe thine eyes that thou mayest see how Josiahs Covenant and ours do look in the face one like the other 1. Josiah reads the words of the Law to the people and to this onely would have them promise obedience Our Covenant requires some thing against the Law of God as that a murderer traitor tyrant c. if a King shall not be put to death so the Presbyterians expound one clause of it 2. Josiah obligeth them by Covenant onely to stand for and to such things as they knew what they were and to be lawfull for there was nothing propounded to them but the very Word of God Our Covenant hath much in it not onely so doubtfull and ambiguous as no man knows what is meant by it but also what is apparently disagreeable to the Word of God 3. There is nothing in Josiahs Covenant as tying the people to the practice of I say not any one particular thing but what before they had promised to do our Covenant requires an oath to endeavour the preservation of the Scots worship discipline Church government c. and some say to settle Presbyterie thoâ—ow all the three Kingdoms a thing before never promised by us nor by our forefathers never allowed before by Authority in the Land or practised by the people 4. Josiah did not cause the people to swear against a former Oath but obliged them to keep the oath which formerly they had made By our Covenant men are sworn to endeavour the extirpation of Church government by Archbishops Bishops c. howbeit many times before q without and equivocation or mentall evasion or secret reservation they had taken a solemn Oath never to give their consent to alter the same 5. Josiahs Covenant took in onely the members of that Church and although many took the Covenant yet they were the Jews onely and amongst them Judah and Benjamin But out Covenant takes all in even three Kingdoms at once England Scotland and Ireland not in reference to a visible Church estate for it puts no difference between people within or without the taking of the Oath is all the condition of the person no way considered of 6. Josiahs Covenant was such as all the people stood to it but this was so unlike to that as many conscientious and tender hearted Christians utterly refused it and shewed the unlawfulnesse of it and not a few who took it did it meerly to prevent danger 4. And in the last of Asa it is said r He gathered all Judah and Benjamin and Manasseh c. and they entred into a covenant to seek the Lord God of their fathers c. That whosoever would not seek the Lord God of Israel should be put to death whether small or great whether man or woman It may be some will think the Covenant is warranted by this example but here it hath no relief nor countenance and thus I prove it 1. This Covenant of Asa is the very same with that of
Josiah mentioned before and so cannot justifie ours upon the aforesaid reasons and grounds But 2ly if Asas example be the ground of our Covenant then whosoever should refuse to take the Covenant ought to be put to death For any other punishment as sequestration finement imprisonment c. it is not just nor comes up rightly to the thing for if a man undertake to prove any act punishable by this precept or that example in Scripture he cannot appoint to it any other kinde of punishment but what the place mentioneth it being there plainly determined that same I say must be inflicted and no other And here to make a little digression there is a fit occasion offered me to discover the great deceit of some men in abusing the Magistrates pressing them by civill punishment to suppresse Sectaries and Hereticks and to prove that it is their duty so to do these Scriptures are commonly cited which is punishing with death but perceiving that to urge the execution of the Law in such a way would not rellish nor well take with them here they are silent but in the mean time shew the more hipocrisie for if the Parliament be to act according to these Scriptures against Brownists Anabaptists Seekers Arminians why do they speak onely of silencing them and would rest if they were restrained of libertie Certainly either these Scriptures taken from the Law give the Magistrate no power to punish such men at all for their conscience or if they do it is to put them to death And therefore the Papists being truer to their grounds upon these Scriptures hold it not onely to be no fin but good service to God to extirpate by fire and sword all that are adversaries to or opposers of the Church and Catholick Religion and that hereticks should be delivered to the Civill Sword and without mercie put to death So write Å¿ Gregorius de Valentia t Suarez u Azâ—r x Becan y Turrian And that Schismaticks may be punished with almost all the punishments of Hereticks So a Suarez 3. To come again to the matter in hand whereas it is said b All Judah rejoyced at the Oath and the reason is added For they had sworn with all their heart and sought him with their whole desire This shews that as the Lord had chosen this whole Kingdom to be his people and raised up this and the like notable instruments of Reformation amongst them so did he upon this and the like occasions work a most wonderfull and extraordinarie work upon them bowing their hearts universally to the love of his Word for the present and to the receiving of the same with joy together with all readinesse to the obedience of his Commandments The like unto which never was nor shall be seen to the end of the world in a whole Kingdom except the Lord do again choose one Nation from all other Nations to be his people as then he did 4. Howsoever the Kings of Judah according to the dispensation of those times were to destroy and put to death Idolaters blasphemers c. and so to weed all such wicked ones out of the Church by the Sword yet I deny that any King now upon earth is by the Word of God to draw all people under his Dominion into a Solemn League and Covenant with the Lord how much lesse before they be conveniently taught and to confirm the same by Oath and to inflict death upon all them that â—efuse it for there is no other punishment if the practice be taken up from the example of the Jews or remain wicked and unrepentant as the Kings of Judah were to do by the people of that Nation That godly Magistrates are by compulsive Laws to represse publick and notable Idolatrie as also to provide that the truth of God in his Ordinance be taught and published in their Dominions I make no doubt It may be also it is not unlawfull for them by some penaltie or other to provoke their Subjects universally unto hearing for their instruction and conversion but if they should hold it their duty as the Kings of Israel held it theirs to c destroy all the wicked of the land and to slay all that would not seek the Lord God of Israel with all their heart and with all their soul whether great or small man or woman and should practice accordingly they would have very few Subjects to rule over To these considerations let this be added that when David the famous King of Israel and a man acquainted with the minde of God had subdued the Nations round about him and made them d Tributaries and reigned over them he did not that we read of by compulsive Laws require them to take an oath that they would endeavour the exâ—irpation of any false worship and embrace the doctrine worship and discipline of the Jewish Church But you will say those Nations were Heathen and Infidels and such as made no profession of Religion nor were circumcised To which I answer 1. Amongst the rest over whom David ruled the e Edomites are named which were the posterity of holy Abraham as well as the Israelites coming of Esau as they of Jacob who did also besides many main truths retain circumcision and that true also as well as some retain true baptisme and by which they might for ought I know as truly be deemed the Lords people though in apostacie as Atheists and Papists by the other 2. The grosser the errour is the easier it is to be discerned and so the lesse danger to impose an Oath against it 3. If a Magistrate have under his power Infidels and Christians I see no reason why he should more trouble the Christians conscience then the other in matters of Religion And as the Word of God gives no allowance to force men involuntarily and for fear of such and such penalties to take the Covenant so it is against Law and reason that any compulsion should be used but people ought to have been left to their own libertie and choise as we said before It is well known that the Law saith f Edicto Praet ris rescinditur quod meâ—â— gestum est By the Edict of the Pretor what is done through fear is of no force Quod non tam veâ— bum essâ— hominis quam Dei vocem saith a great g Lawyer Juramenta vi extorta non eruâ—t praestanda h saith the Canon Law Again Juramento meticuloso absâ—lutio per judicem Ecclesiasticum So among the Emperiall Laws there are these words of Frederick the Emperour i Sacramenta per vim vel per justum metum extorta etiam à majoribus maximè ne quaerimoniam maleficiorum Commissorum faciant nullius esse momenti ju emus And that it is against pure reason too I prove thus 1. This is a naturall principle Quod tibi jus fieri hoc alteri fac quod nolis tibi fieri alteri