The refusing to swear and subscribe the many unlawful imposed oaths, for which many have suffered great cruelties; chiefly that of Abjuration which was the cause of several their suffering to death, vindicated.
Another great head of grievous sufferings, in this fatal period, hath been, this stated war between Christ and his enemies in Scotland, he hath not wanted witnesses, who in their wrestlings for the word of God and the testimony which they held, thought it their duty to refuse all illegally imposed and wickedly required transactions with his declared enemies, and tampering any manner of way with them, in taking or subscribing any of their conscience couzening impositions of deceitful and destructive bonds and oaths, obtruded by men who have cast off all sense of a Deity, or regard to humanity, upon the consciences of poor people, to debauch them and cast them down from the only excellency or integrity that was left them: whereby (though they have missed of their design as to some, who through grace have escaped the snares of these fowlers, and in resisting have overcome through the blood of the Lamb) they have prevailed to inveigle the generality, even of the professors of this generation, into such a degree of defection and wretched compliance with all their snares, that as it prognosticates universal desolation ineluctable, (if it be not prevented as universal as the compliance hath been,) so it proclaims the infamy of the compliers perjury as indelible as their perfidy with whom they have complied. The consideration of which woful apostasy, in its various steps by which it hath been propagated and promoted, ought to deter and demur all the fearers of God, that would not partake of its threatned punishment, from venturing any more to come near the brink, or border of such precipices, and paths of the destroyer, when so many have stumbled, and fallen, and been hooked, and taken; yea not so much as to look near them, lest they be left to follow their look, but to stand aloof from every appearance of transacting with these man catchers, yea conscience-catchers, who are so cunning to ensnare and destroy; as their predecessors, to whose sins and judgments also they serve themselves heirs, are described by the Holy Ghost, Jer. v. 26-29. They lay wait as he that setteth snares, they set a trap, they catch men,——their houses are full of deceit, therefore they are become great and waxen rich.——Shall I not visit for these things saith the Lord? Many and manifold have been the snares, traps and gins, laid in the way of the professors of this generation and nation, by these mischief hatchers, these keen and cunning persecutors, the party now regnant or rather raging, in madness and malice against Christ and all that are loyal and zealous for his interest against their encroachings thereon, whereby they have caught and cozened many out of their consciences, and have broken the neck of some, the peace of others, and the hearts of not a few. Yea no nation can be instanced, wherein so many oaths and bonds have been imposed on peoples consciences, so nauseating for naughtiness and number, as well as noxious in their nature, in an age, as have been in Scotland within these 27 years past; on design to waste all remainder of conscience, or sense of religion among people, that so having worn out the awful impression of it, they may introduce what they would, upon a people involved in the same apostasy with themselves and either to incorporate all with themselves in the same combination against the Lord, or to extirpate all dissenters, who should discover any tenderness of conscience, in not going along with them in the same excess of riot. And to the end they might have the greater concurrence and countenance, with the help of hell's policy, they contrived them in such terms as might engage many to take them, and load the recusants with odious obloquies, either as silly scruplers, or seditious schismaticks, or rebels. For this hath been all along their grand project, to level their designs against religion, not directly and formally under that notion, but obliquely to the destruction of the lovers and professors of it under the nickname of fanatical enemies to government. Of these ensnaring engines levelled to these ends, some have been more patent and open, others more latent and hidden; both have made a pray of people, the last chiefly. For a snare the more latent and hidden it be and the more varnished over with the vermillion of pretended honesty and innocence, it is the more dangerous; and will be so accounted by all the circumspect and cautious, as in its design more destructive, and in its effects, when discovered, more dolorous, than that which is more open and manifest. A hook, the braver that it is busked, and the better that it is baited, the surer and more successful it is to catch the simple fish; if it want its busking, they will not so readily bite at it.
In vain is a net spread in the sight of any bird; yet though this is a truth, such silly birds have the bulk of us been, such silly doves without a heart, and so senselessly stupefied, as to suffer ourselves to be blindfolded and hood-winked into snares, of such a manifest baseness, as none could be readily supposed might fall into, who did not brutishly abandon all common sense of reason, besides religion; as a test, and oaths of arbitrary allegiance, bonds of conformity, and irregular regulation, &c. Some again, and these, alas! too many, have been ensnared with snares of a more smooth, and subtile complexion, and poisoned with gilded arrows, coloured over with the specious pretexts of the enemies relenting condescendency and tenderness, stooping now to universal and general terms, obviously thought capable of a very good construction, and daubed over with the untempered mortar of the frequency of the most universally unscrupled supscription of very good and conscientious men and the rarity of recusants lying under the reproach of some few, wild, fantastical fools. These well busked hooks have caught many; of which sort have been many banded indemnities, and easily swallowed oaths thereunto appended. Though the present indeed is contrived without gins of this sort, and now all these snares of oaths and bands are as illegally taken away as they were before imposed; upon the same design, to catch silly fish by other methods; not with hooks, as before, but with a large spread net, to hale the whole school to antichrist's shore; and to put to proof and practice the vastness of that leviathan prerogative of absolute power, to dispense with all oaths; especially because, in all of them, even the most monstrous, people might think there was some tye obliging them to maintain the protestant religion, therefore to obliterate that, and bury it in oblivion, all now are taken away; but the guilt of them still remains upon the land, and the grievous cry of suffering for refusing them still continues; and therefore the iniquity of them must be looked unto and lamented, and that with an eye to the account and reckoning must be rendered for them, to a greater judgment than that of creatures. But among all these destructive and diabolical devices, there have been none more charming and cheating, than that cunningly contrived oath of abjuration, as it is called, enjoined to be taken by all within the kingdom, by a proclamation about it, representing a late declaration emmitted by that party, whose sufferings I am vindicating (as a manifesto of their enemies) under the most odious character, that the malice of men helped with hell's hatred could devise; and requiring all to abjure it in the most peremptory manner, and under the severest penalty that ever was heard. This oath, I say, was contrived with such cunning, and followed with such keenness, that it hath involved more under its obligation, and engaged more to subscribe it, than any other that went before it: because it hath been painted over with such pretexts, as never any before was capable of. The pressing of it hath been so impartial, upon travelling to the country, &c. And their acceptance of the pass annexed to it thought so necessary, as without it no business could be gone about. Its subscription so universally unscrupled, even by the generality of great professors and ministers too; the thing abjured represented so odious, as no honest man could refuse to renounce; and the matter renounced, under its best aspect and construction, esteemed only a paper declaration of a party very despicable, wherein the principles, profession, or confession of the church seems no way concerned; and if any way concerned, yet the concern appearing so finall, as few or none durst state their sufferings upon that head. Yet I believe, if either such as have taken it, or others that may have the tentation of the like hereafter, will impartially ponder it; so much iniquity may be discovered in it, as may oblige the one to mourn in the sense of its fulness, and the other to beware of its danger. And so much rather would I offer this to consideration, that I know one who was wofully wheedled into it, that found the bitter effects of this poisoned pill in his wounded conscience, after reflections on the deed, in such a measure that he despaired of ever recovering peace. And this man had as much, and more to say, to justify his deed, than any that ever took it; having it with all the advantages that ever it could be tendered with: for, being urged thereunto before the justiciary, he expresly refused to disown that declaration, and the principles whereupon it was founded, and told them that it was misrepresented in the proclamation: and when they yielded to an abstract disowning of it in so far as the proclamation represents it, or, if so be, it might be so represented, he gave in a sense in writ, wherein he would take it; shewing that, upon supposition, the declaration did assert such things as was represented, he would disown it: and after the sense was accepted as satisfactory, he refused to swear after the ordinary manner, following the clerks, blind manuduction, but behoved to have it written down: and when it was written, with express specification of that apologetical declaration, he refused to swear it, till it was altered and corrected, and the word pretended put in the stead of it: which done, before he subscribed it, he protested it might be constructed in no other sense, than the genuine meaning of the words he delivered in, and that it might not be reckoned a compliance for fear of his life: yet, notwithstanding of all this, he lost the jewel of inward peace, and knew the terror of the Lord for many days. Therefore I shall chiefly insist on discovering the iniquities of this last oath, called the abjuration oath, both because it is the smoothest, and more generally taken than any other, and approven by many that condemn the rest, and refusing it hath been punished by death, and most illegally pressed upon all, under the penalty thereof, as none of the rest was; and because as all other oaths successively imposed, were so contrived that the last did always imply and involve the substance of the former, so it will appear that the iniquity of none of the preceeding oaths was altogether wanting in this. But to the end, both the complication of the iniquities of this oath may be evinced, and the continued strain of all the oaths (which have also been heads of suffering, though not to this degree) may be discovered; I shall touch somewhat of all the sorts of them, and shew that their iniquity cleaves to this last oath: and then come to canvass this oath itself, after I have premitted some general concessions.
First, In a few words some general concessory propositions may be premitted,
1. That oaths both assertory and promissory are lawful, will not be denied but by Quakers, &c. It is clear, swearing is a moral duty, and so material, that oftentimes it is used for the whole worship of God, Deut. vi. 13. "Thou shalt fear the Lord thy God, and shalt serve him, and swear by his name," Deut. x. 20.——"To him shalt thou cleave and swear by his name." The reason is, because by whomsoever we swear, him we profess to be our God, and invocate him as witness of our heart's uprightness, and honest meaning in the thing sworn, according as it is understood by both parties, and as avenger if we prove false. Hence, every oath, which doth not bind us faster to serve and cleave to him, is but a breach of the third command. Again, it is not only commanded as a duty, but qualified how it should be performed, Jer. iv. 1, 2. Where it is required of a people returning to the Lord, to swear in truth, in judgment, and in righteousness. Hence, every oath which is not so qualified, and does not consist with a penitent frame, is sin. It is likewise promised in the covenant, that believers shall speak the language of Canaan, and swear to the Lord, Isa. xix. 18. every oath then that is not in the language of Canaan, is unsuitable to believers, that is to say, consentaneous to the word of God, and confession of our faith. Again, he that sweareth in the earth shall swear by the God of truth, Isa. lxv. 16. and therefore that oath which is not according to truth, is dishonourable to the God of truth. If all the oaths imposed upon Scotland these many years, were examined by these touch-stones, they would be found all naught. So giving bands for security, which for obligation are equivalent to promissory oaths, are also lawful materially; but with the same qualifications, otherwise they are sinful.
2. This duty when suitably discharged, truly, judiciously, righteously, in the fear of God, according to his will, is in many cases very necessary. Not only in vows, in which God is the party, in matters morally necessary, to keep the righteous judgments of God, Psal. cxix. 106. Nor only in national covenants for reformation, and promoting the interest of Christ, whereof we find many instances in scripture, in Moses, Joshua, Asa, Hezekiah, Josiah, Ezrah, Nehemiah, their making and renewing such covenants by oath, coming under the dreadful curse of it if they should break it. And this may make our hearts meditate terror, for the universal unparalelled breach of solemn covenants with God, that exposes the nation to the curse of it; but also in human transactions, whereunto God is invocated as a witness, as in national transactions, at choosing and inaugurating their magistrates, for security of religion and liberties, as we have many examples in scripture. Seldom indeed do such bonds hold tyrants, but it is this generation's indelible brand and bane, that without this they have come under the yoke of ineluctable slavery, and have entailed it upon posterity. As likewise in contracts and mutual compacts of friendship, or stricter association, when edification, or other satisfaction, or security calls for it, as Jacob sware to Laban, David to Jonathan, &c. In which the matter must be clear, and mutually understood, and honestly meant, without equivocation and mental reservation, and all ambiguity, as also possible, and likely to continue so: for otherwise, it were but a mocking of God and man, to swear a thing we either cannot, or will not perform, according to the meaning of him in whose favours the oath is given. But withal we ought to be sparing in such things except where the matter of the oath or bond is weighty and necessary, and not multiply them needlesly upon formality or custom; for if there were suitable confidence in one another, there would not be need for so many of these securities. And specially in relative stipulations betwixt man and wife, &c. Where an indissolvable relation is entered into. And, in a particular manner, even in things civil, when we are called thereunto by a lawful magistrate, for deciding of controversies, or our own vindication, or to confirm our obligation to some duty, an oath for confirmation is an end of all strife, Heb. vi. 16. But always in this the matter must be lawful, according to the will of God, and true, and certainly known, and also necessary, weighty, useful, worthy of such confirmation, for the glory of God, and the good of our neighbour, that his holy name be not taken in vain; for otherwise if the matter be false, God is made witness of a lie; if uncertain, conscience condemns us that we know not, nor care not, what we call God witness to; if unlawful, then God is called to approve what he hath condemned, and so to contradict himself, which is horrid blasphemy. With all which cases, and hell devised impositions on consciences in these days, obtruded to debauch and ensnare them, not one of them, levelling all at one design, how smoothly soever conceived, can be taken without a wound and wramp to the conscience.
3. Of all these cases, only two are applicable to our imposed transactions with our wicked rulers, viz. in the matter of friendly contracts, or in the matter of judicial appearances before them, and swearing and banding before, and to them. In both which, there must be a sort of confederation, with them. In contracts with them it will not be doubted; and in judicial submitting to their authoritative impositions of such securities, it is evident, there must be also a confederation with them, not only in acknowledging their authority, but in coming under mutual exacted stipulations; wherein, by taking these oaths and bands, we give them security of orderly subjection, as members of the community whereof they are judges, and get their security of acquittance, and that we shall not be molested nor prosecuted among the recusants. Now concerning this confederation, I shall concede in two cases, it may be owned, and consequentially oaths and bonds may be given to men of their stamp, 1. A confederation which is more discretive, or discriminative may be allowed to them; that is, such bargains wherein they and we are kept still divided as two parties, and not under one incorporation, as in contracts of co-habitation, living under them as tenants, buying and selling, and the like. But we cannot enter into a confederation unitive with them, which may make us one body or party. 2. A confederation which is necessary and unavoidable; when either an unavoidable strife or contention doth arise between them and us, whereupon we are compelled to answer in law, and can no otherwise be decided but by our oath of confirmation, which is an end of all strife; or when we are falsely accused of some odious and heinous crime, as of murder or adultery: it is then lawful and necessary to vindicate ourselves, by giving all these legal confirmations that we are free of these things; for otherwise to ly under the imputation of such enormities, were shamefully scandalous to religion. But we cannot allow any transactions of this sort, which are elective and voluntary, to make or pursue either peace or pleas with them, when our own interest or benefit draweth us thereunto; but ere we go to law, or give oaths and bonds to, and before the unjust and perfidious, and such also as we cannot own as magistrates, we would rather take wrong, and suffer ourselves to be defrauded as the apostle adviseth, 1 Cor. vi. 1, 7. It was not unlawful, as expositors shew from that place, for the Corinthians to answer in law for their own vindication, being pursued by a heathen; but it was utterly a fault to go voluntarily one with another. And if to pursue a brother was a fault, then much more to go to law with an apostate, with whom there should be less meddling. And if to go before the unjust magistrates, as these heathen judges were at Corinth, who yet were magistrates, was utterly a fault, then much more to go before such as have neither rightful nor righteous authority at all: which yet must be acknowledged, if we take oaths and bands before them: for none can exact these but acknowledged magistrates. Hence it is apparent, it would be an elective confederation with these wicked usurping judges, when brought before them to take their tendered oaths and bonds, not as parties pursued before them, but as transacting with them, with whom, as well as before whom, we must give these confirming securities: and so not only must we acknowledge them to be gods, among whom the Lord sitteth, whose holy name is interposed in such solemn transactions; but also we must swear and enter in bonds to them as they require. This indeed is necessary when called before them against our will, and accused of horrid crimes, as was always in the imposition of the oath of abjuration audaciously imputed to the refusers, that they asserted murdering principles, and owned it lawful to kill all that served the king; in such a case, to declare with the most solemn asseverations, for vindication of truth, that we disown not only all such assertions, but all such thoughts as that it is lawful to kill all that serve the king, or any that serve him because they serve him, or because they have injured us any manner of way, and to declare our abhorrence of all murder and assassinations. But to swear such things to them, when we are altogether innocent, would be a granting that we were legally suspected, by offering a legal purgation. And so all the subjects of Scotland should take upon them to purge themselves from a suspicion of murder, which were odious. And to abjure a declaration, as asserting such things, when it asserts no such thing, is a swearing to a lie.
4. All solemn securities of oaths or bonds, that are sacred promises, are by strictness of law, of most strict and indispensible obligation, as Mr. Durham on the third command, shews in many cases: No man's loss, or private prejudice, can make it void, (though we swear to our own hurt, we must not change, Psal. xv. 4) nor indifferency in the matter, if once engaged in, for then our souls are bound, Numb. xxx. 2. nor deceit of others, if the deceit be circumstantial only, as in the Gibeonites case; nor the extortion of it by fear or violence, if the matter be lawful; nor rashness and sin in the manner, if lawful in the matter, as with the Gibeonites; nor another meaning afterwards devised, not according to the imposer's mind, nor our own at first who took it, (that is but a swearing deceitfully, Psal. xxiv. 4.) nor any good meaning or design in reversing the oath (Saul was punished for breaking his oath with the Gibeonites, out of zeal, 2 Sam. xxi. 2.) nor though the oath be conceived by creatures, (as by the altar or temple, &c. Mat. xxxiii. 20,—22.) nor when the thing becomes impossible, if that possibility could have been foreseen or prevented; nor any other sacred meaning, by equivocation or mental reservation, which are abominable; nor any dispensation from pope or king; nor any other posterior oath. None of these things can make an oath void; but if we have bound ourselves, God will require it: "For whoso despises an oath, by breaking the covenant, when lo he hath given his hand, he shall not escape, God shall recompense it," Ezek. xvii. 18, 19. They are null indeed and of no force, when they become bonds of iniquity, tying to things unlawful or impossible; or when the thing sworn is not in our own power, Numb. xxx. 5. Or when there is deceit in it, not in circumstantials only, but in essentials; or when it hinders a greater good, when the case materially altereth; or when the party sworn to relaxeth us. All these do condemn the horrid breach of the sacred and solemn league and covenant, and confutes the perverting and wresting the words of it in the third article, as if it did oblige to allegiance of tyrants; for, in that case, the obligation is unlawful, and there is a case in essentials, and the case materially altereth, (for in the covenant we are bound to the king, not to a tyrant) and the party sworn to have relaxed us long ago, by annulling the covenant; yet all these things prove, that the covenant is still in force, and that all the oaths and bonds contradictory to it, are sinful: and yet though it be sinful to take them, and sinful to keep them, it is nevertheless perjury to break them, especially to them whose erroneous conscience is bound by them, under a notion of their lawfulness.
And in a special manner it is here conspicuous, how deceitful a juggle that sinful shift of many hath been, that they could subscribe an unlawful bond under a penalty: as for example, to answer to their courts, or to go to church, or separate from the persecuted meetings of the Lord's people, under such a penalty, which they thought to pay the penalty would clear them off, as if it were only an alternative bond. The iniquity of this juggle will appear, if we consider, such bonds cannot be alternative: for alternatives are always disjunctive, binding equally either to this or that; and the one alternative is no more determinately enjoined by the imposer, than the other. And so, if these bonds were alternative, it should be in the binder's choice, whether to answer the court, go to church, to separate meetings, or pay so much money. But it is not so, for the stipulation and promise is determinate to the obligation, for which the bond is required, and the penalty is annexed, as a punishment of the breach of that obligation. And that fancy of eluding the bond by paying the penalty, would quite enervate all security among men, in their mutual compacts of that nature; and under that pretence, they might give a satisfactory compliance to the most wicked imposed obligation imaginable, to subscribe the Turk's Alcoran, with a reserved attention only to pay the imposed penalty. Which reservation is so far from being suitable to that christian simplicity the gospel requires, that it does not answer that moral honesty that our concern, in the good of human society, calls for. It is incumbent on all that expect to dwell on God's holy hill, to have this requisite qualification for one, though they swear to their own hurt they will not change it, and they must be far from swearing deceitfully; and consequently, if they bind themselves by a promise, which a Christian should be no less tender of than his oath, they must keep it. And besides, to condescend that that penalty or fine should be paid, by ourselves, or friends in our behalf, were to condescend that these enemies should be enriched by our own or the spoil of our friends, upon the account of the forfeiture of our promise; which seems such a dishonest and dishonourable thing, that an honest heart would disdain it. And though this should be flouted as foolish preciseness, to chuse rather to ly still and suffer in such a case; yet it may be considered that Christ's cross, even with reproaches, is always a better choice than the world's ease, purchased at any price which is a hire for Christ's enemies.
5. All divines and casuists do grant, that an oath must be taken in his sense and meaning who tenders it, and in whose favours it is conceived: because oaths and bonds are for security, and therefore whosoever would deal honestly and christianly in taking an oath, must take it in the sense that it is understood by such as impose it; otherwise the holy name of God should be taken in vain, and the swearers and promisers shall deal deceitfully, in frustrating the end of the oath or bond, and the design of the tenderers thereof. And therefore, as reason and religion requires, that all oaths or bonds be so conceived and enunciated, that all concerned may understand them, and if there be any doubt how far they bind, the imposers should explain the same, as Abraham did to his servant: So conscience requires, that they be always taken in the imposer's sense, and as they discover their sense and sentiments of them, and not according to the meaning that we may think the words capable of; nor yet according to the wheedling explications, that they may give or allow, which are as deceitful and ensnaring as the things themselves. Nor is it to be looked upon as a favour to get a liberty to put a sense upon them, contrary to their known meaning; for that is but a liberty to mock God, to mock others, and ourselves too, and nothing but a snare to the conscience. And to put a gloss upon printed oaths or bonds, which in strict construction they will not bear, and then to subscribe them in the terms as offered, is not only an intangling ourselves into the bond of sinful oaths and bands, but to stumble the godly, and harden the wicked in the present, and to mock posterity in future ages; who shall see the oaths in the terms subscribed, but not the sense they were taken in. See Apolog. Relat. Sect. 14. It is known by manifold experiences that it is dangerous to hearken to their overtures who study to ensnare us, but far more hurtful and hateful to propound overtures to them. For they interpret it a ceding and giving ground, and when they see a man beginning to yield, then they will seem to be very condescending, even to accept of little at first, that they may draw him on to more: like cunning anglers sometimes recoiling and drawing back the well baited and busked hook, to invite the poor unwary fish to pursue, and sometimes letting it run away with the hook when it bites kindly: So when they find a man offering and ready to accept of accommodations, they will be very yielding and easy, but with a design to hook him. But conscience can find no safety at present, nor satisfaction afterwards in accommodations with them. For it is plain to all that are not blinded with ignorance, or partiality, or a judicial stroke, that our imposers are such sons of Belial as cannot be taken with hands, or by the hand; and if we reflect upon the matters upon which these accommodations are to be offered or accepted, they are not things upon which we may come and go, upon our discretion, as we do with our own particulars, or with problems to be disputed, or ambiguous propositions capable of different senses; but matters so and so circumstantiate, as do require the positive determinate judgment of the conscience, concerns of truth and falsehood, duty and sin, which cannot admit of accommodation, or dispensation, or reservation, or any other sense than the imposers and they that state their inquisition about such things do own, and are observedly known to have and maintain about them. Otherwise, all other forged accommodations are but tampering tricks, juggling with jugglers, deceiving the deceivers, in such a way as does not well consist with the simplicity of the gospel, or the doves innocency; for what is that but a swearing or promising deceitfully! Psal. xxiv. 4. "a conceiving and uttering from the heart words of falsehood," Isa. lix. 13. "a false oath," Zech. viii. 17. "which are hateful to God who will be a swift witness against false swearers," Mal. iii. 5. Neither will they be so easily deceived, for they will readily yield to accommodations, or any tolerable sense that we can put upon their snares; for they reckon that a yielding in part, and are glad to find us so far justifying their acts and impositions, as by our offer practically to declare they bear a good sense, and they will come many ways to our hand to get us hooked so.