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
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
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