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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

bound to keep it The most therefore of Dr. Featly's and the Oxford Reasons against the Covenant signifie nothing to our present case Dr. Gawden's late Arguments signifie as little many of them were considerable before the taking of the Covenant but argue insufficiently for the violation or irritation of it but as to that Point are clearly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 § 10. It is agreed by the eminently Learned and Reverend Dr. Sanderson and all Casuists That an Oath may be unlawful respectu rei juratae De Jur. prom prael 2. Sect. 14. or respectu actus jurandi with respect to the thing sworn i. e. the matter of it or in respect of the Act of swearing What Oath soever a man takes unlawful in the first sense doth not oblige But an Oath unlawful in the second sense when once taken doth oblige Our question is not about the lawfulness of taking the Covenant but the necessity of keeping of it by such as have no desire to seal up their souls to damnation and sacrifice their honour to a reproach before the world For Perjurii poena divina est exitium humana dedecus saith Tully § 11. Dr. Gawden and one Mr. Rowland have expresly spoken or at least pretended to speak to the true question but with what success the first hath done it will be discerned by that excellent Answer which Mr. Crofton hath given him which might have superseded any further pains if there had been no cause to add somthing to some Pleas made or further improved by others and to second Mr. Crofton with the Suffrages of Casuists and especially of Dr. Sanderson in the case and for the other we judge him not worthy our notice § 12. It was Augustines opinion that although Pelagius was fully answered yet every one should write against such a common enemy of the Gospel It is our Opinion that those who any waies contribute to bring souls under the dreadful guilt of swearing falsly are such common enemies to Christianity yea to mankind an Oath being the common security of the Sons of men that those who go about to invalidate it having their hands against all men deserve to have all mens hands against them as doing that which is not pleasing to God and contrary to all men § 13. We cannot but admire the Religion of our Late Famous Soveraign Ch. the First a man of much sorrow and Afflictions and to whom it was continually suggested that the Covenanting Party of the Nation were the Causers of them though indeed some of the Prelates were the true and proper cause by exasperating his Subjects by their illegal and enormous actions yet in the midst of these sufferings he is found thus speaking in his Meditations upon the Covenant As things now stand 〈…〉 pag 86. good men shall least offend God or me by keeping their Covenant in good and lawful waies since I have the Charity to think that the chief end of the Covenant in such mens intentions was to preserve Religion in purity and the Kingdoms in peace § 14. By which expression not only your Honours and all sober men may judge what an insufficient Plea in conscience they bring to absolve us from the Covenant who plead his Majesties dissent at first declared and afterwards continued as to the imposing of it upon others But you may also discern that his Sacred Majesty had more Charity for those of your Honours who took that Covenant than our late Absolvers have who can see no end in the giving or taking of it but Faction and Rebellion and we know not what As also that his Majesty had more Godly jealousie for the soules of his people ingaged in it that they might not be destroyed by Perjury than some late Casuists whose proper Office it should be to watch over soules The Lord lay not their sin to their charge § 15. But Right Honourable above all things that they talk there is nothing considered as a Reproach more intollerable unto us or considered as an Argument more ridiculous to all that shall hear of it than what they urge in order to the absolution of their credulous Proselites from the high presumptions of those who having engaged in the same Covenant with us so horridly violated the Oath of God in the murder of his Majesty of Glorious Memory c. § 16. His Majesty in the midst of his Exile was pleased in his Instructions to him who is now Lord Chancellor when he was sent Ambassador for him into Spain to do the Nation of England that Justice as to declare those Actions 〈◊〉 Actions only of an inconsiderable Faction of Miscreants and your Honours have been pleased to take 〈◊〉 of his Majesties justice in it as likewise in your first 〈◊〉 to his Majesty to declare That if the Parliament the Covenant-imposing Parliament had not been broken by a mutinous Army those things could never have been done Our Brethren know that divers of those who took the Covenant sacrificed their lives unto death in opposition to the violaters of the Covenant That for their adherence to it the House of Lords was broken up 200 Members of the House of Commons were secluded that of those who remained the number was very few that consented to those horrid actions that our Brethren of Scotland offered their lives and liberties in that Sacrifice that the Ministry of England openly declared against it to that height which caused the ruine of some of them made their whole Party odious to the Usurpers and such as they would never own or trust And therefore we cannot but think it a great want of Truth and Charity in our Brethren to charge those things so generally upon the Covenanting Party of the Nation who we humbly conceive have done more in order to the Ends of the Covenant relating to his Majesties Concernments in the day wherein the Covenant was to be pleaded on their behalf than any of those did who now are so free to lay these things to their charge § 17. It is a piece of new Divinity to us that if five hundred take an Oath and five of them violate it the rest are all absolved from the Obligation of it Yet the disproportion is far greater betwixt those who took that Covenant and those who so violated it both as to their number and quality § 18. The Oath of God Right Honourable is upon us and we are afraid because of it we have sworn to endeavour the Reformation of the Church of God in England in Doctrine Worship and Discipline according to the example of the word of God the best Reformed Churches To endeavour the extirpation of Popery Prelacy If this Oath be Obligatory we cannot break it without the highest presumption of wickedness and therefore must be Sufferers under the old Constitution of Ecclesiastical Government and Forms of Worship in England if it be restored We know your Honours will be tender of enforcing any to suffer for

Conscience sake and therefore humbly beg that you would weigh our Answers to the slighty and Atheological Pleas of those who pretend to prove the Covenant void and not obligatory What they say appears to us to be against Scripture Reason and the judgment of all sober Casuists and we believe will so appear to you § 19. The Princes of the greatest Congregation of England Right Honourable i. e. The Lords and Commons Assembled in Parliament were those who sware and who engaged us to swear If our Adversaries may be believed the design of the Oath was to engage the Scots in the Parliaments quarrel His Majesty then living as we said before had more charitable thoughts sure it is that it was a mutual stipulation between the Scots and us Casuists say that my Oath doth not bind my Heir which is true in some cases but they as generally agree the real obligation of an Oath as to the person to whom we swear for their advantages We are sure the Jews which were punished with three years Famine in Saul's time were none of those who had personally sworn to the Gibeonites in the time of Joshuah yet God revengeth their Breach of their Fathers Oath upon them It may be worthy of your Honours consideration whether the Obligation contracted by Oath by the Lords and Commons Assembled in Parliament 1643 1644. do not bind the Noble Lords with your selves who this day make up those Honourable Assemblies though personally you never were engaged in it § 20. However we know and believe that your Honours will be so jealous for the Glorious Name of God so tender of the Souls of the People in these Nations engaged in that Sacred Bond and so afraid of the wrath of God revealed in his Word and by his Providence against those who have made others Sufferers for righteousnesse sake and so careful for the Honour of the Nation that you will not by any Act of yours contribute to any of these ends which will all be the certain consequents of the violation of that Sacred Oath § 21. For as it cannot be imagined but that your Honours Authority establishing any thing contrary to that Oath will be a temptation to many to break that sacred Bond so it can as little be thought but that there will be many thousands in England who will believe that nothing can discharge their Consciences from the Obligation of the Oath of God which is upon them and therefore will be obliged to go chearfully into the Prisons which shall be provided for them and to suffer any thing rather than to sin against the Lord by such a presumptuous transgression § 22. Besides this we most humbly beseech your Honours to consider whether the things endeavoured to be restored have upon former experience proved or may probably be judged like to prove of such advantage either to the civil or religious interests of England as may be fit to be laid in the Ballance with the laying aside so many hundreds if not thousands of Godly Ministers and the sufferings and undoing of so many peaceable and godly people as will be laid a side and made sufferers by the restoring of things in the Church to their formes state after an Oath taken to the contrary § 23. Many of your Honours we know have not yet forgotten how many hard things were suffered in former times by many Godly people in this Nation because in Conscience they could not submit to these things how many of the Kings Subjects were to the weakning of the Nation driven into Forreign Lands to the undoing of themselves and their Families how by this means divers Mysteries of Trades of manufacture in which the wealth of this Nation much lay were communicated to other People all which things formerly were judged worthy of Parliamentary Consideration § 24. We humbly beseech your Honours to consider whether the same persons in most places of England be not again endeavouring to be possessed if they be not already invested with the same power and whether after twenty years suffering it be probably to be conceived that they are less full of rage Let enquiry be made at Oxford Cambridge Peterborough c. than formerly And if any hath so much Charity as to think that their sufferings have taught them more moderation we desire your Honours would enquire what specimens they have any where already given of it This we humbly move to your Honours that you may represent it to his Majesty whose Royal Grandfather was such a Zealous Defender of the free Grace of God against Arminians and who himself hath declared such a Zeal against vitious prophane and debauched persons that we cannot but believe him not truly informed either concerning the Principles or conversations of divers persons to whom advantages are given against their Brethren § 25. We are not Right Honourable against the use of an unimposed Lyturgy nor against Primitive Episcopacy we can submit to both we do not think the Covenant was intended against either of these But we are against the divine Right of Archbishops Bishops c. We believe that in the Primitive Church there might be Episcopus praeses a Grave Minister President over his Brethren living within a Circuit proportionate to his Ability for inspection and that without him nothing was ordinarily done in Ordination or Jurisdiction But that he alone could do any thing in either we utterly deny We are sure that in the Primitive Church there was no Archbishops Deans Deans and Chapters Prebends Chancellors Commissaries Archdeacons We are against those Forms of Worship contained in the Service-Book ordinary to be had We believe they are not established by the Lawes of the Land as we have heretofore in a Book for that purpose published made evident to your Honours We are sure that we have lifted up our hands to God that we will endeavour a Reformation in that Point We know that they are offensive in an high degree to the generality of godly and sober men that there are many things in those Books not to be justified in Divinity We are not against the 39 Articles which is usually called the Doctrine of the Church of England We are ready to subscribe all of them so far as they concern matters of Doctrine But we are against Arminianism against which not only King James of Glorious Memory gave an open testimony but the Parliament of England hath also heretofore openly declared And in regard the Patrons of those Points take advantage of some doubtful terms in those Articles as patronizing those their Tenets though the Kings and Parliaments of England have heretofore declared their detestation of those Points We could heartily wish a further explanation of them We are against moral and significant Ceremonies such as the Surplice the Cross in Baptism Bowing at the Name of Jesus Cringing to Altars c. We believe that these things are not only scandalous and unprofitable things that perish with the using but also

the common notion of it be sponsio facta Deo in rebus Dei a promise made unto God in the things of God who so reads the first second or last Paragraphs must certainly see much of a Vow in it And if the imposing of it under penalty delivers any that have taken it from the obligation of a Vow either through want of freedom or deliberation yet certainly this will not excuse the first Contrivers and Composers The Lords and Commons assembled in Parliament at that time did not only make a Promise and confirm it with an Oath but vowed in it a Vow to the mighty God of Jacob and stand concerned to do according to the Vow which they have vowed That it is a Covenant both with God and men is so evident that he who runs may read it So far as it contains in it any promise made on our part for the doing of those things which the Word of God revealeth to be his will concerning us that we should do either relating to the Reformation of the Church or our own personal Reformation or for the declining of what is contrary thereunto of which nature is much both in the first second and last Paragraphs of it it is unquestionably a Covenant with God Besides this The King Parliament and People of the Three-Nations by it mutually covenant each with other for the performance of those things which respect them in their several stations either respecting Reformation or the Preservation of each others mutual Rights The King covenanted with his People that he will reform Religion in Doctrine Worship and Discipline according to the Word of God and the example of the best Reformed Churches That he will preserve the Doctrine Worship and Discipline of the Church of Scotland c. In this also the Parliament joynes with him as also for the preservation of the peoples Liberties King and People covenant to preserve the Priviledges of Parliament The People covenant with the King to preserve his Majesties Person Honour and Authority c. Throughout the whole there is a mutual stipulation of the People of the Three Nations each with other § 8. So that if there be any vertue in a promise from the truth of men by it laid to pawn and not to be redeemed without a just fulfilling of the thing promised If any Religion in an Oath because of the Reverence we owe to the Sacred Name of God and because the Lord will not hold him guiltlesse that taketh his Name in vain If any Obligation resulteth from a Vow because of the Fealty which we owe unto God before and above all others If finally a man be obliged to keep his Covenant from the consideration either of truth or justice it all contributeth to the strength of this Sacred Bond by which all the Souls that have taken it in the Three Nations are this day bound to the Almighty and each to other § 9. And certainly for those who are not so immediatly concern'd but can glory that either they were not of age or that they were only standers by when others thus obliged themselves if there be any Ingenuity in them any Reverence of God any Brotherly Love or any good will to the Land of their Nativity they will be obliged to be jealous for their Brethren who have thus bound themselves with a godly jealousie lest whiles for such a presumptuous transgression as the violation of this sacred Bond must be the wrath of the Lord shall burn up the dwellings of Transgressors their contiguity of habitation expose them to the danger in which it is ordinary for the Justice of a Righteous God to involve the neighbourhood of sinners To say nothing of their concernment in the prophaning of the Lords Name whose honour is equally impeached by our Neighbours sins as by our own If they be Lots their righteous soules will be vexed with the evil conversation of their Neighbours If Davids their eyes will run down with rivers of waters because others keep not Gods Laws Which makes the bold discourses of some not only to grate upon our ears but to pierce our hearts whilst we hear them not only content to dispense with their own Engagements but reviling others whose Consciences cannot allow them that Latitude or who take themselves concerned to warn the souls committed to their charge to beware of so great a sin as that of Perjury Nay whilst we see them so ill employing their wits and Pens as to invent strange distinctions and assert positions contrary to all Divinity that they may not only break Gods Commandments themselves but imbolden others so to do as if they had an ambition to be degraded into the order of such as shall be called the least in the Kingdom of God Mat. 5.19 CHAP. III. Containing a Corollary from the Premises concluding the mistake of those who say an Oath adds no special Obligation beyond the Reason and Religion of the Matter FRom what hath been already said 't is not hard to conclude That a Promise a Vow an Oath or Covenant or any form of Obligation compounded of two or more of these engaging us to any future performance addeth to any praevious Obligation which might before be upon us from the Law of Nature or from the Law of Gods eternal Righteousness For whereas the matter of these may be either impossible or unlawful in which cases the obligations are ipso facto null and void and we are only bound to repentance Or 2. Indefinite and uncertain in which case the obligation must be adjudged and determined when the true nature of the matter appeareth to us Or 3. Necessary praeviously required of us by some Divine Law Or 4. Lastly Free and indifferent neither part being determined by the Divine Law Certain it is that where the thing which we have promised sworn vowed or covenanted for is such as is in our own power Our Promise Vow Oath or Covenant createth in us an obligation to that part which we have so bound our selves for and depriveth us of our former liberty in it and hence an Oath or Vow is called by Divines lex privata a By-law which man hath made unto himself And where the matter is necessary viz. such as Gods Law before hath required of us any of these encrease our Obligation All Casuists I think are thus far agreed Dr. Sanderson de juram promiss prael 3. §. 6. Ad quae praestanda vel injuratitenemur saith Dr. Sanderson jurati certè multo magis tenemur What we are bound to do although we had never sworn to the performance we are much more obliged to when once we have sworn it Nor are they the bare Words Letters or sillables of Covenants or Oaths which as Charms bind any mans Conscience But it is the rational Act of the man who promiseth voweth or sweareth yea his religious Act which obligeth him and that beyond the innate Reason and Religion of the matter to the performance of

Scotland and our Brethren in England engaging with us but it confirmed a Solemn Vow and Promise made to God in the things of God for such certainly is the Government of his Church Reformation in Doctrine Worship and Discipline according to his Word c. Now ab homine ea sola relaxari fas est quae homini facta sunt Dr. Sanderson ibid. Prael 7 saith Dr. Sanderson Men can only release for themselves 2. According to the Doctors sixth Determination Supposing that God were not interested as a Party but the Covenant was a meer civil Pact between men and men yet all Parties must release before the Relaxation can be good as to the whole Obligation We have sworn to maintain the Kings Person Honour and Authority 2. The Priviledges of Parliament If indeed his Majesty or the Parliament shall please in whole or in part by any of their Acts to release us they may do it as to their own peculiar Concern and Interest But we have also in the Covenant sworn to the Nation of Scotland and to our Brethren in England for their profit and advantage and unquestionably our Brethren in Scotlnnd looked upon the Abolition of the English Hierarchy as to its ancient Form as a thing highly tending to their advantage and so did many in England both Ministers and People who had wofully suffered under it Now how a Release should be good unless from all persons and Parties concerned we are yet to learn If any one say What the Parliament of England or Scotland doth all the People are bound up in We Answer Not as to releasing Obligations contracted by Oaths We presume our Brethren will not determine so in other cases we have sworn out the Popes Supremacy in England we hope our Brethren will not say that an Act of Parliament if which God forbid any such should hereafter be will discharge those that have taken that Oath from the observance of it 3. Concerning Dr. Sandersons 2 3 and 4th Determinations there may be some question If a man swears to another for his advantage we are apt to believe the Oath binds in Conscience though he to whom we swear knows not of it much less apertly accepts and ratifies it Suppose a man swears to breed up his Child to Learning or to a Trade c. we believe the Oath will bind though the Child doth not like it c. There may also appear some doubt about the power of him to whom we swear to release us in whole or in part because as we have said before from every such Oath there resulteth a double Obligation 1. To man 2. To God Now it doth not seem reasonable That man should discharge Gods Debts Dr. Sanderson aware of this exception answers That in a promise made Dr. Sanderson ib. prael 7. meerly far the advantage of another and confirmed by an Oath God is only invoked as a witness of the truth of our hearts in promising and challenged as a revenger in case we violate our Faith so confirmed but if the Party releaseth us our Faith is not violated so that no injury is done to God in it We think this as much as can be said whether sufficient or no we will not here enquire this not at all concerning our case We conclude then that as we can see no errour in the Efficient material formal or final causes of this Oath of God which is upon us sufficient to discharge us from the Obligation of it considering things as they are now stated and that the Oath is taken so we cannot believe it in the power of any save God alone by dispensation irritation commutation or relaxation to discharge us from an endeavour to perform it The Compass of that term endeavour remaineth yet to be measured by us with a Reed from the Sanctuary and that shall be our last Task CHAP. XVI Concerning the Limitations of the Covenant common to all Premissory Oaths or particularly relating to this What endeavour as to the mattter of the Covenant is not required § 1. SUch is the Soveraign power of God over all such the power which the Divide Law hath reserved to Superiors such our own ignorance and infirmity of which yet in due time we may be convinced and such the mutability of humane affairs that Divines reasonably say that to all promissory Oaths certain conditions though not exprest are yet necessarily to be supposed viz. Si Deus voluerit if God will otherwise the performance will be impossible 2. If lawfully I may Otherwise the Oath will be vinculum Iniquitatis and make us Debtors to Hell 3. Saving the right of my Superior For as we said before God hath reserved to some Superiors a power of irritation or suspending rather such Obligations 4. If things continue in their present state § 2. As the third must not be understood otherwise than we have before proved so the last must not be taken in its Latitude For then such are the contingencies and vicissitudes of humane affairs that very few promissory Oaths relating to things to be done at any distance of time would be found obliging It is true if the state of the case be so altered that it will be sin for us to fulfil our Oaths the Oath will not oblige such is the instance Casuists give of an Oath to give a sword to one who before he receives it from us proves mad 2. And when the state of the case is so altered that the plain end of the Oath and the expectation upon which it is founded appears frustrate the Oath being only made to a Creature for his or her advantage it may be a question whether the Oath obligeth yea or no Such is that other Case put by Casuists Where one hath sworn marriage to another and before the time of Marriage comes he discerns she hath been defiled by another in which case his refusal to marry is little other than a Bill of Divorce allowed by Gods Law in case of Adultery as this is after such a Contract in Gods sight But none of these will at present gratifie our Absolvers § 3. Some therefore have observed the express Limitations in the terms of the Covenant 1. We will endeavour 2. In our Callings and Places 3. So far as lawfully we may And God forbid the terms should have been any other Far be it from us to assert that a man is tied by his Oath beyond his endeavour yea and lawful endeavour and in his Calling too We say that the utmost that any conscientious Christian is by the Oath tied to is his utmost lawful endeavour in his Calling as a Parliament-man as a Magistrate as a Minister as a private person according to his present capacity or future capacity and if by endeavouring honestly and lawfully he cannot attain his end it is his duty to sit down and commit his soul and his cause to God who doubtless will accept the sincerity of his heart Only we hope it