Selected quad for the lemma: judgement_n
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A33241
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The snare is broken wherein is proved by Scripture, law and reason, that the Nationall covenant and oath was unlawfully given and taken ... : here also is vindicated the Parliaments later proceedings, shewing the grounds and principles of the London ministers to be weak and unsound ... : moreover something is said against violence in religion, and the duty of the civill magistrate about worship and church-government / by John Canne.
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Canne, John, d. 1667?
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1649
(1649)
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Wing C442B; ESTC R20321
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45,082
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54
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particular maketh false the contradictorie universall so one ambiguous particular maketh the universall uncertain 2. It rests not in the power of an inferior whether he be the taker or minister of the Oath to put his private conceit for the sense which is the soul of a publick constitution and if he do so we cannot but doubt of it though it seem never so plausible unlesse it be allowed by the Authoritie which chargeth the Oath upon the conscience And this construction we are taught to make by the explanation of the Oath in Scotland published by Marquesse Hamilton the Kings Commissioner there in these words l Oaths must be taken according to the minde intention and commandment of that Authoritie which exacteth the Oath Again m An Oath must be either taken or refused according to the known intention of him that doth minister it n especially if it be a new Oath To the same sense though in different words say the Aberdene Divines o An Oath is to be given according to the minde and judgement of him that requireth it The old rule which is a maxim saith p Is committit in legem qui legis verba complectens eontra legis nititur voluntatem He offends against the Law who cleaving to the words of the Law leaveth the will of the Law that is of the Law-maker For men therefore to take an Oath contrary to the minde of them that require it or before their minde is known and the plain and common sense and understanding of the Oath resolved and cleared from whose authoritie and power it proceeded and to put their own private conceit for the sense it is a very unlawfull act both in point of Law and conscience 3. Note what miserie and mischief some men have brought upon themselves and others in taking the Covenant in their own sense and not knowing the intention of that Authoritie which exacted the Oath T is urged that q the Covenant binds to preserve the doctrine worship discipline and government of the Church of Scotland but who knows here the minde and judgement of the State For it is said a little after according to the Word of God and therefore unlesse the Parliament had resolved and declared in a plain and common sense that the worship discipline and government of that Church was according to the Word of God It is onely a Presbyterian private conceit for the sense to say that the Covenant binds to preserve the worship discipline and government of that Church Again the Covenant saith he in the same place ingageth to extirpate heresie and schisme it doth so and popery and superstition likewise though he names it not but must not this be taken according to the intention of that Authoritie which gave the Oath and where is that thing as yet declared The Covenant saith he ties us to endeavour after a uniformitie in Religion and form of Church Government it would have been plain dealing to have set down the rest to wit according to the Word of God and the best reformed Churches But what is this for the Presbyterian way the Parliament hath not anywhere to my knowledge acknowledged it to be jure divino neither is any man tyed by that Covenant to submit to it or to endeavour the promoting thereof Again be it granted as he saith the Covenant binds to preserve the priviledges of Parliament yet there is no breach of the Oath to resist such men who proceed extra judicialiter because while the Magistrate doth against his office he is not a Magistrate For r law and right not injurie should come from the Magistrate Å¿ The Law gives every private man power to resist if the danger be irrecoverable yea though it be recoverable So t Jurists say that a private man hath the same Law to resist and in a recoverable losse they say every man is holden to resist u Si evidenter constet de iniquitate if the iniquitie be known to all It adds much to the unlawfulnesse of this Oath that men were compelled to take it for if it had been left to every mans choise and libertie whether he would have sworn to the particulars or not there had been more reason for that and lesse danger in it At Geneva both Minister and people x took an oath for shutting out of Popery but were not urged unto it by any commination of danger that so their swearing might be with a free will not mixt with reluctancie of conscience or with fear of penaltie It hath been by some much complained of and held to be a great oppression when under the Prelate one was to devise a form of Prayer plain enough for the sense and another constrained under a great penaltie to observe and use the same Here is a stinted Oath stuft with ambiguitie dark and doubtfull termes 't is devised by one imposed upon another and though the taker be not satisfied in point of conscience touching the lawfulnesse of it yet he shall be fined sequestred put out of his place calling livelihood c. if he refuse to take it Reader be thou judge where lyes the greatest oppression The Parliament hath lately truly and piously declared y As for the truth and power of Religion it being a thing intrinsecall between God and the soul and the matters of faith in the Gospel such as no naturall light doth reach unto We conceive there is no humane power of câ—ertion thereunto nor to restrain men from beleeving what God suffers their judgement to be perswaded of a The civill Authority saith Mr. Perkins hath no power or rule over the things of God This being so I cannot see any Scripture-rule or warrant that the Magistrate hath to compell any man to swear that he shall endeavour the preservation and establishment of such a worship doctrine discipline and the extirpation of this or that Church Government I speak not of what doctrine worship and government the higher Powers may think fit to settle in a Kingdom what to permit and tollerate or what not But to require an oath of the people that they shall embrace this way or oppose that thing in matters of Religion this I humbly conceive is a businesse wherein they are not concerned Object But we read in Scripture that a Covenant hath been imposed by the Magistrate upon the people and they have been required by oath to take it yea and in case any should refuse to binde themselves by oath to observe the same they were to be punished and for this there are sundrie instances as in Nehemiah Ezra Hezekiah Josiah Asa. Ans That nothing can be truly gathered from such examples to justifie this Covenant which we oppose or to prove the lawfulnesse of it I shall here clearly demonstrate by these Reasons 1. For that which was done in Nehemiahs time with whom I also joyn Ezra in the work of Reformation first it appeared that none were constrained
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