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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

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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