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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85826	The Covenanters plea against absolvers. Or, A modest discourse, shewing why those who in England & Scotland took the Solemn League and Covenant, cannot judge their consciences discharged from the obligation of it, by any thing heretofore said by the Oxford men; or lately by Dr Featly, Dr. Gauden, or any others. In which also several cases relating to promisory oathes, and to the said Covenant in special, are spoken to, and determined by Scripture, reason, and the joynt suffrages of casuists. Contrary to the indigested notions of some late writers; yet much to the sense of the Reverend Dr. Sanderson. Written by Theophilus Timorcus a well-wisher to students in casuistical divinity.	Timorcus, Theophilus.; Gataker, Thomas, 1574-1654, attributed name.; Vines, Richard, 1600?-1656, attributed name.; Baxter, Richard, 1615-1691, attributed name.	1660 (1660)	Wing G314; Thomason E1053_13; ESTC R202125	85,431	115

will not be pleaded in Bar to the lawfulness of endeavour in this case that it is not lawful to endeavour if the contrary shall by a Law be established For it was never thought yet unlawful lawfully to endeavour the annulling and regular repeal of a Law which was found grievous to the Subjects outward concern much less to his Conscience as any Law must be after an Oath to the contrary as to the matter of the Law This being foreprized our Brethren and we are agreed as to this Limitation And we freely acknowledge ourselves obliged either actively to do what Lawes require or like Christians to suffer the penalties which they inflict Than which nothing more was ever pleaded as the duty of good Subjects § 4. We do therefore conclude professing that we do believe it the duty of every conscientious private Christian who hath taken the Covenant when once he hath endeavoured what in him lies in all things lawful to be done by him for the obtaining the ends of the Covenant as to the Reformation of the Church If at last he should be so unhappy as to see all his endeavours frustrated and to put the case at the worst which we hope will never be he should at last see Popery set up i. e. the highest corruption in Ecclesiastical Administrations to sit down and mourn before the Lord for it but not to make any resistance to the Lawful Magistrate because he is the Ordinance of God We hope none would say in such a case he were obliged to own Popery or that he might do it but he is unquestionably bound to suffer as a wel-doer rather than to disturb the Civil Peace What hath Peter to do with the Sword And if this be our sense of his duty in so high a case every one will conclude us we hope of that mind in case of the old Prelacy which we are told is the great Bar to Popery whatever else is to be said against it CHAP. XVII Wherein is a sleighty notice taken of a Late Pamphlet wrote by one Mr. Russel called The Covenant discharged and it is proved that in stead of his finding the Snare broken as be saith he hath but resolved to break the Bonds and to cast the Cords behind him § 1. WE had thought our work had been done and sufficient Answer given not only to what our Absolvers had said but also to what they reasonably could say But while these sheets were in the Press we have seen a new Pamphlet Qualem proculdubio mundus literatus nunquam prius vidit nec unquam posthac visurus est The Author hath done well to tell us it was wrote from his Study at Chinkford in Essex we should else have been so uncharitable as to have thought it had come from some other place but he hath neglected to tell us what Books are in that Study for we cannot in any of our Studies find any wrote either by Jews or Gentiles Greeks or Barbarians whose Divinity will agree with the Authors Positions § 2. We do not think our selves beholden to the Author for his promised forbearance of Passion for besides that he now and then bestows upon us a prophane Scoffe according to the proportion of his faculty that way as where he tels us that the Faith of removing and setling Mountains are two Gifts the latter of which we want c. In very deed the Author hath consulted himself in not being too free with his passion according to the Poets Caution Carpere vel noli nostra vel ede tua intending to publish such a piece as this to the world he stood concerned to take heed what measure he meted to others least it should be meted to him again we think he is liable enough to have it even pressed down and running over § 3. In divers things we confess he hath spoken truth 1. As to himself in what he saies p. 57. intending to batter the Covenant he hath made his approaches at a reasonable indeed unreasonable distance such a distance that no shot hath come near it 2. As to the matter as where he saith 1. That none can release a Civil Contract but the Parties with whom it is contracted That where an Oath is made to God so that he is Judge and Party only God can absolve it p. 14. And p. 15. He would not be thought to plead for a Papal power in any to discharge men from Oaths c. which would be enough for us who have already proved that the Covenant was Sponsio facta Deo in rebus Dei a Vow made though at the Command of others to God as to the things which concern God and giving unto God a right to exact the performance from us as also That it was a mutual stipulation with our Brethren in Scotland and England with our King and Parliament and according to Mr. Russel's own Doctrine if there were nothing of a Vow in it yet all Parties must release So that what he saies more is to no purpose because he argues ex ignoratione Elenchi and lamentably mistakes the nature of the thing of which he speaks § 4. But because though he seems to grant this yet up and down his Book he scatters suggestions of another nature and indeed maintains such Positions as we are sure Dr. Gawden durst not justifie and runs into so abominable mistakes as if once believed by others would make all Oaths no stronger than strawes we will add a few animadversions upon what he saith intreating our Brethren hereafter to bring forth other Champions who may bring more credit to the Church of England than we conceive this Author in a capacity to do if we may guess at Leonem ex ungue § 5. As to our Brother Crofton whom he mentions in his Epistle we conceive him of age and therefore shall only desire the Reader to take notice 1. That the Author can produce no Vote of Parliament in his terms viz. That the Kings Concessions were sufficient to establish a well-grounded Peace The Vote passed Die Martis 5 Dec. 1648 in these terms Resolved upon the Question That the Answers of the King to the Propositions of both Houses are a GROUND for the Houses to proceed upon for the setling the Peace of the Kingdom What is this to sufficient to establish But suppose this Absolver had not stumbled here but the Vote had been as he would have it Why then if you will believe him the same power that established the Covenant tacitly discharged it For The continuation of Bishops was included in those Concessions we suppose This is again a most impudent falshood For the King in termes granted as follows And we will likewise for three years confirm by Act of Parliament the Form of Church-government you have presented to be used for the Churches of England and Ireland and Dominion of Wales The Kings Concessions printed 1648. pag. 2. Provided that his Majesty and those of his Judgement or any

Christians have a power given them by the Word of God to chuse fitting Messengers which being so chosen and met together may consult and determine in some Ecclesiastical cases But certain it is there was never such a National Convention in England so that we need not enquire the matter of Fact nor the force and power of such decrees how far and in what cases they do oblige either present or future Generations § 13. The power which any Synod Convocation or Convention met at any time in England can pretend to have had must be either from the Pope before the Reformation in the time of King Hen. the 8th or by vertue of some Act of Parliament since that time § 14. Our Absolvers talk so much of the Church of England and the Lawes of the Church and Sons of the Church by which they mean the Hierarchy though it will be hard for them interpreting the Church in that notion to answer the Papists asking them where our Church was before Luther for I am sure we had no Protestant Prelacy before that time that it will not be amiss for us to take a view of the Church of England under this Notion and consider what power she had and from whom derived to make any Ecclesiastical Lawes that should be this day so obligatory that an Oath taken against them must be forthwith void § 15. We are indeed told by some Ecclesiastical Writers of King Lucius who about the year 170. was an Instrument of planting the Gospel in England and that he in stead of the Paganish Arch-Flamins and Flamins established 28 Archbishops and Bishops but the evidence of it is so feeble that we find few giving any credit to it much less was the Nation so early christianized so far as to have any Synod so full as to make Lawes obliging the whole Nation Nor indeed is there any Authentick Records of any considerable English Synod till near the year 600 then Pope Gregory sent over Augustine the Monk to convert the Brittains and he made hast in his work baptizing 10000 in a day This doubtless was the man who first founded Prelacy in England himself being the first Arch-Bishop in conformity to the Order of the Romish Church whence he came we know that it is said by some that when he came her found here one Archbishop and seven Bishops but no such thing appears in his Letters not are their Names or places of residence expressed § 16. This Augustine by Authority derived from the Pope appointeth Bishops calleth a Synod and enacteth Lawes c. From that time which was the year 586. to the year 1205. we have no Record of any Ecclesiastical Lawes made in England the Christians here were doubtless governed by the Popish Canon Law Although in that time there were 43 Archbishops of Canterbury if we may believe Chronologers yet have we no Record of any obligatory Canons were made by them § 17. Betwixt 1205. and 1414. were 14 Archbishops of Canterbury beginning with Steph. Langton and ending with H. Checkly these all made some Provincial Lawes which are gathered together and put into some method by Lindwood Within that time the Pope sending over two Legates Otho in the year 1226. 11 Hen. 3. and Othobonus in the year 1248. which was the 32 Hen. 3. They also each of them made parcels of Canons which were after collected by Johannes de Aton and were all the Lawes of the Church of England as they call it in force Nor do we read of any more done till the 25 Hen. 8. which was the year 1533. Till this time the Church of England was lost in the Popish rubbish according to our Brethrens sense of Church for the Prelates there was none other no not one § 18. In that year the Reformation of the Church was begun by Parliament who made an Act printed in our Statute Book forbidding any of the Clergy from that time to presume to attempt alledge claim or to put in ure any constitutions or Ordinances Provincial or Synodal or any other Canons or to enact promulge or execute any such Canons c. or assemble to enact them without the Kings Writ calling them together and the Kings Highness his consent ratifying them c. So that from that day no Laws made by the Church could oblige us unless K. Hen. 8. first called the Church-men together and then ratified what they Decreed § 19. As to all former Church-laws the Parliament in that Act gave power to K. Hen. 8. to call together 32 persons to review all old Canons and to collect a body of Canons out of them being not contrary to the Laws of God nor the Laws of the Land which when they had done K. Hen. 8. was to confirm them and immediatly upon the review of the old Canons they were all by than Act abrogated and nulled and so all Canons also after to be made contrary to the Laws of the Nation c. § 20. Before these 32 persons could be called and meet and finish their work K. Hen. 8. dieth The former Act not giving power to the King his Heirs and Successors to call the 32 persons K. Edw. 3 4 Ed. 6. cap. 11. did not do it till the Parliament meeting in the 3d and 4th year of his Reign by a new Act gave him also power with the advice of his Council within three years to name the 32 persons which his father should have named § 21. King Edw. the 6. by his Letters Patents bearing date at Westminster 11 Nov. in the 5th year of his Reign authorizeth the 32 Persons whose Names and Powers may be seen by the Copy of those Letters Patents prefixed to a Book called Reformatio Legum Ecclesiasticarum They met and within the three years time reviewed all and compiled that Book called as aforesaid upon which according to the Statute 25 Hen. 8. The old Canon Lawes were utterly abrogated but before King Edward had confirmed this new Book he died So that there was no Lawes of the Church of England left in any force § 22. Q. Mary succeeds she revives the old Popish Canon Law Q. Eliz. after her reviveth the Reformation In her time several Injunctions and Canons were made After her time K. James summoned a Synod Anno 1603. which made 141 Canons but as Qu. Elizabeths to our knowledge were never confirmed so much as by the Royal assent so the latter were never yet confirmed by Act of Parliament by which alone we are told that our Consciences can be obliged is perfect Lawes § 23. It is observeable That in the Statute 25 Hen. 8. authorizing such Canons as should hereafter be made in Convocations assembled by the Kings Writ being first confirmed by the King It is not said by the Kings Majesty his Heirs or Successors though in other parts of the same Act those words are added It is very probable that the want of those words in the following part of the Act concerning his