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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

Majesties chusing the 32 persons to view the old Canons was the reason why King Edward did not do it King Hen. 8. being dead till a new Act was made to the same purpose to which latter Act K. Edw. 6. in his Letters Patents refers not to that of 25 Hen. 8. Nor is it yet determined whether a Kings confirmation of Canons makes them Law according to that Statute of 25 Hen. 8. supposing that K. Hen. 8. his Heirs and Successors as well as himself were intended in the Statute any longer than his Majesties Person lives who so ratifies and confirms them So that it is far from being so clear that we may adventure the violation of an Oath upon it that we have this day any Canons or constitutions Ecclesiastical of force either by the Lawes of God or of the Nation § 24. But admit this where shall we find any such Canon as this That the Government of the Church of God in England is and shall be by Archbishops Bishops Deans Deans and Chapters Prebends Chancellors Commissaries Arch-Deacons so that it shall be unlawful either for the People of England in their callings and places to endeavour the extirpation of that Form of Government or for the Lords and Commons assembled in the Parliament of England to move for or to Vote the alteration of it and to engage People against it by an Oath Somthing of this nature must be proved before the Covenant will be proved contrary to the Lawes of the Church of England and if such a Canon could be shewed it is no Law for it is contrary to the Fundamental Laws of the Nation giving power to the Parliaments of England to repeal or alter any Lawes Statutes c. And all Canons contrary to the Lawes and Statutes of the Nation are aforehand declared void and null by the Statute 25 Hen. 8. § 25. By what hath been said appears the vanity of their Plea who plead that the Covenant is null and void because against the Lawe of the Church Let us come now to consider whether they speak more sense or truth who pretend it is void because contrary to the just Lawes of the Nation § 26. It being apparent from the former discourse that there was no canon-Canon-Law of England in any force at the time of the composing imposing and taking of the Covenant the question only lies concerning the civil Lawes of the Nation which according to the Statute 25 Hen. 8. must give all the obligatory vertue which any Ecclesiastical deliberations can have amongst us The Lawes of our Nation are usually distinguished into The Common Law and the Statute Law The first is not written and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 uncertain as may appear from the different senses of Judges in their Book-cases its matter and form is no other than the ancient Customs and Usages of the English Nation which having been retained for many years have been so familiarized with the People of the Nation that by a common consent they have passed and do pass for Law till they are cotrolled by Statute Our Statute Law is made up of the several Acts of about 260 Parliaments and yet is capable of daily augmentation § 27. If those who plead the Covenant contrary to the Lawes of the Nation mean The Common Law of England their sense is no more than this That by the constant usage of the Nation of England the Government of the Church in that Nation hath been by Arch-Bishops Bishops Deans Prebends Chancellours Commissaries c. and an Oath imposed by the Lords and Commons legally assembled in Parliament taken by the People tending to the destruction of that ancient usage is void and null yea though the King of England disliking the first imposing of it yet afterwards approveth his Subjects taking of it and himself joynes with them and also taketh it Yet neither will this evidence the matter of the Covenant contrary to Law For in the Covenant we have sworn to endeavour the extirpation c. The Law which must be contrary to this must say You shall not endeavour c. Now we appeal to all the Lawyers in England whether there be any piece of the Common Law of England which saies to the Lords and Commons assembled in a Legal Parliament or to the People of England concerning any custom or usage in the English Nation You shall not endeavour in your callings and places the extirpation and alteration of it If there be sure we are the Statute 25 Hen. 8.21 doth control it declaring a full power in the Parliament of England with his Majesties consent to dispense abrogate null diminish amplifie any Lawes c. But there can no such thing be alledged § 28. So that here 's no contrariety to the Common Law Here is only The Lords and Commons assembled in Parliament by his Majesties Writ legally taking notice that the external Form of Ecclesiastical Government amongst us according to a long usage of the Nation in the times of Popery viz. from about the year 600. till the time of reformation in the Reign of Hen. 8. and since that time after some regulation of it by Statutes was upon experience found at least very disconvenient to the reformed state of the Church amongst us and having power in them with the Kings consent to be afterwards had to abrogate null diminish or amplifie any English Lawes usages c. agreeing to extirpate this usage and swearing and causing the People of England to swear with them that they would in their callings and places endeavour to extirpate it Whether the King pleased to consent or no certainly they had power in their callings and places to endeavour such a thing The Covenant engageth no further We cannot understand any contrariety in this to the Common Law of England § 29. For the Statute-Law of England we shall only say this That the Statute-Law which must be contrary to the Covenant must speak to this effect The Lords and Commons assembled in Parliament upon a Legal Summons shall not swear themselves nor make others swear to endeavour the extirpation of Popery and Prelacy i. e. the Church-Government by Archbishops Bishops c. Where to find such a Law we cannot tell No nor yet such a Statute as positively determines That the Government of the Church in England is and shall be by Archbishops Bishops Deans Deans and Prebends Chancellors Commissaries c. It is true we often in the Statutes meet with these Names and we find the Statutes supposing them Ecclesiastical Officers and telling us That the Kings of England formerly founded this Church in Prelacy what kind of Prelacy and with what circumstances they say not but we are at a loss for any other save this implicit establishment by any Statute Law And we further believe that the Spiritual Lords before the time of K. Hen. the 8 would have taken it in foule scorn that any secular powers should have gone about by a civil Law to establish

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 out by THEOPHIIUS TIMORCUS a Well-wisher to Students in Casuistical Divinity 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Menander LONDON Printed for T. B. and are to be Sold in Westminster Hall and Pauls Church-yard 1661. The Portraiture of his Sacred Majesty in his Solitudes c. Chap. 14. upon the Covenant As things now stand good men shall least offend God or me by keeping their Covenant by good and lawful means 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 Kingdom in Peace To the Honourable The COMMONS Assembled in the PARLIAMENT of England More especially Such as serve for the Western Parts and for the several Burroughs in Cornwall Honourable Senators § 1. THE Name of a God hath ever been esteemed so sacred the Reverence of Oathes so great and the sin of Perjury so infamous even amongst those who knew not God but knew by nature the things contained in his Law that if any man speaks at an advantage to his brother he may promise himself the highest improvements of it who pleads that the holy Name of the Lord may not be profaned that the highest security for mens saith may not be violated and that the guilt of Perjury may not be incurred § 2. This Noble Senators is the argument of the following sheets and we think our selves happy that we shall speak for our God and for our own souls before you touching all the things whereof we are accused and touching a most sacred Oath which we have taken with the highest Solemnities that ever attended any publick action especially because we know that many of your souls are bound in the same Bond with us and that our selves were brought into it by that Authority which God hath now devolved into your hands and that you are expert in all customs and questions which relate to the English Lawes and Liberties and we know also that you believe the Scriptures We beseech you therefore to hear us patiently § 3. We fear the great and living God who hath said You shall not swear by my Name falsly neither shalt thou profane the Name of thy God Having therefore at the Command of Lords and Commons Assembled in-Parliament Anno 1643 1644. lift up our hands unto God and sworn that we would endeavour the extirpation of Popery and Prelacy that is the Government of the Church by Archbishops Bishops Deans Deans and Chapters Prebends Chancellors Commissaries Archdeacons and other Officers depending upon that Hierarchy we cannot go back either by endeavouring to build what we have destroyed or by any positive owning of any such Ecclesiastical Authority though we acknowledge our selves obliged by all sacred Bands to be actively obedient both to the King as Supream and likewise to the Parliament in all things where he who is higher than the Highest hath not by his Command superseded such our Allegiance and where the salvation of our immortal souls is not hazarded And which God forbid if any thing of that nature should by any mistake be commanded by you we humbly acknowledge it our duty without any thoughts of rebelling against you to exercise our Faith and Patience in suffering what shall be imposed upon us committing the cause of our souls to him who judgeth righteously § 4. For our Consciences in this thing most noble Senators are we this day called in question and judged for what we do in obedience as we humbly conceive to the holy Law of God For this Conscience sake in reference to our Oath are we accused by our Brethren § 5. Out of the Conscience of that Oath it was that many of your selves have suffered and done many things both in opposition to the late usurpations of Government and for the restoring of his most Sacred Majesty you have not also wanted Companions in your Sufferings from our inferior Orbe where many have been found who that they might keep their souls clear from so high a guilt as that of Perjury have not only been content to deny themselves advantages of preferment but to suffer the loss of Life Livelihood Liberty to be Exiles in a strange Land and to forsake whatsoever hath been dear to them § 6. We are now told Right Honourable that all your and our Sufferings upon this account were in vain for the Oath of God which we so reverence was ab initio null and void That the matter of it was sinful and unlawful seditious schismatical That the power imposing it was unlawful the design of it Rebellion and Faction that it was a forced Oath c. § 7. We know and are assured that this cannot be the sense of your Honours concerning it For whose were the Votes and Ordinances by which our souls were engaged in that Sacred Bond Certainly by the men whose these were our Consciences are with child with this Oath and we have so reverent thoughts of your Honours charity that you will so far contribute to our safe delivery that we shall not die for want of that help which you can give us § 8. Yet because not only our private Honour but the Honour also of the English Parliament and Nation are as we humbly conceive deeply concerned in our vindication as to this Point we have thought it our duty to lay at your Honours feet a just Apology for our selves and for the Oath which at the command of some of your Honours we have taken together with our PLEA in vindication of the Parliament of England from that Irreligion which some have charged upon them in imposing an Oath contrary to the Law of God that Ignorance which others charge them with for commanding an Oath contrary to the Lawes of the Nation yea from that want of common sense which others impute to them in the contrivement of an Oath so full of contradictions both to former Oaths and within it self that forsooth it must needs be felo de se and die if not by the wounds of former Obligations yet by the ill-favoured hands of its own nonsence or self contradiction § 9. As to our concernment most noble Patriots upon whom the ends of the time of Reformation are come we are not so much concerned now to enquire whether the imposing and taking of that Covenant at first were lawfull yea or no Our Question is Whether we having taken it are not now

them We have read of the heavy stir in King John's time when the King of England did but pretend to the Nomination of the Archbishop of Canterbury and to what a base degree of condescention the Pope and his children here in England humbled their Sovereign for that offer § 30. The truth is no more than this The Parliament of England in the beginning of our Reformation being engaged in prudence to drive no further nor faster in Reformation than the Lambs could go the present state of the Nation could bear which at that time was but very little the Popish party being then the greatest by far the Reformed Party such as did but see men like trees imperfectly discerning the things that differ in Religion were pleased to proportion the Reformation accordingly so as neither the newly Reformed Party might be lost by too much seeming innovation nor the remaining Popish party exasperated too far Hence in matter of Doctrine nothing was agreed till the year 1562. which was the 4 of Eliz. not ratified by Parliament till 1571. viz. 13 Eliz. near thirt years after the first beginning of Reformation Hence in the matter of Worship the same Lyturgy was continued which was used in the Popish Mass only leaving out the Prayers to Saints and for the Pope and the second Edition of the Common-Prayer Anno 5 6 Edw. 6. was much amended in many things from that 2 Edw. only in the business of Kneeling at the Sacrament Didoclavius observeth it was left at liberty by the Common-Prayer-Book 2 Edw. but commanded in the Edition of it 5 6 Edw. 6. yet not without an excellent Rubrick to expound the usage of it still to be seen in the Common-Prayer-Book Edit 5 6 Edw. 6. viz. Anno 1552. but left out in our ordinary Books for what Reasons let any one read and judge As to the Form of Church-Government the reforming Parliaments in the time of Hen. 8. found one in being and the persons exercising it in great power they therefore thought fit not to dispute that Point only to regulate that power which the former usages of the Nation and the Canon-Law had invested them with requiring them to seal with the Kings Arms in their Seales to do nothing without his Writ V. Stat. 5 Eliz. 23. c. Other Parliaments since have denied them any assistance from the civil power to back their censures but in some particular cases and forbade them to administer any Oath to fine amerce 17 Car. or imprison any of the Kings Subjects removing the Bishops out of the Parliament-House c. This is all the establishment we can find that the ancient Hierarchy of England had by any Law of England § 31. But suppose they were so established do our Brethren take it for such an undoubted Gospel-Maxim that an Oath taken against the Lawes of a Nation of what kind soever written or not written consonant to or dissonant from the Law of God is forthwith null and void and no waies obliging Do they believe this such a truth that men may venture the damnation of their soules upon it and venture the curse of God cleaving to their house till it hath consumed the timber thereof and the stones thereof Zech. 5.3 upon the truth of it They may talk thus in drollery to their friends or credulous Proselytes they may to shew their grandiloquence and liberty of phrase in laxe discourses thus speak in Pamphlets but we are so well perswaded of some of their skill in divinity and of their other Learning too that we believe they know that no Scripture no reason no creditable authority will justifie any such thing and they would be loath that their crime in these swelling words of vanity by which the soules of people are ensnared should be expiated by that slight penance of any of their standing two or three daies in any of our schooles to defend such an atheological maxim against what Arguments would be brought against it nor would we desire fairer play in our case § 32. 1. In the first place they will certainly grant that it is false if the Lawes of the Nation to which an Oath pretended contrariant be contrary to the Lawes of God For the contrary assertion were to set up one Higher than the Highest So that if he who hath taken the Covenant doth believe that the Government of the Church in England by Archbishops Bishops Deans Prebends Archdeacons Chancellors Commissaries be contrary to Gods Word suppose that it be established by Law or were so established the Oath doth bind against the Law And certainly if Gods Word establisheth any Form it is so for there is in it ne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 quidem of Deans Prebends Archbishops Chancellors c. § 33. 2. In the second place Our Brethren will certainly grant that in case the King had immediatly consented with his Parliament and imposed the Covenant though it had been expresly apertly positively against any Law or Lawes of the Nation yet the Oath had obliged because they altogether had a power to suspend annul and abrogate any Law It is true this Oath was only imposed by Lords and Commons the King at present not consenting We are no Lawyers nor can we tell how far the power of Lords and Commons extends as to the suspending of the exercise of Lawes or giving of Oaths But we have heard that 2 parts of the legislative power of England lies in the Lords and Commons and that they have of themselves given Oaths in many cases in what cases we know not After this his Majesty declares That those who had taken the Oath should least offend God and him in keeping of it His Majesty that now is takes the same Oath declares his approbation c. Shall it yet be told us that the Oath is void because against the Lawes when all 3 States to whom the legislative power belongs have approved of it Certainly they must have an easie Faith that part with it to such kind of Assertions § 34. 3. But suppose there had been no such thing but the Oath had been meerly spontaneous Our Brethren speak without their books in discharging mens Soules upon this Plea Dr. Sanderson will tell them that if the Law be poenal and hath in it an election either of doing the thing or suffering the penalty an Oath will bind against the active part Fortassis possunt dari casus in quibus juramentum quod videtur alicui legi communitatis aut vocationis adversari et si non debuerit suscipi De juram prom prael 3. §. 9. susceptum tamen potest obligare ut exempli causa in lege poenali disjunctivâ He puts the case concerning the Law of a City That he who is chosen Mayor by the Freemen shall hold in case he refuseth he shall pay 100 lb. Suppose such a Law and this Law respecting this City established by Act of Parliament A particular Citizen hath taken a private

unlawful and against the purity and simplicity of Gospel-worship and such against which we are highly engaged by the Oath of God which we have taken § 26. We humbly beseech your Honours to compassionate the many thousands of Souls in England who must be Sufferers to the undoing of their Persons their Wives and Children if these things be restored again amongst us We acknowledge our selves obliged if these things be established by your Act passively to obey and rather to seek our bread in a howling wilderness than any waies to contribute to the disturbance of civil Authority Prayers and Tears are our only weapons But oh let not the Cry of the Innocents be against the Parliament of England because God hath said he will hear their cry and help them If our Brethren think that no Government may be set up in the Church of God in England but the ancient Form and that the whole Nation is not concerned in the Covenant for which we plead and themselves be not personally engaged in it let them enjoy their humors But oh Let them not by your Honours be cloathed with power to suspend silence excommunicate deprive godly Ministers and people who are faithful Subjects to his Majesty and pray daily for him and for your Honours because they cannot comply with them in these things expresly contrary to the Oath of the Lord which is upon them § 27. We here lay at your Honours feet our Answers to their pitiful Pleas against us by which they would cajole us into Perjury If our Brethren have any more strong Arguments let them bring them forth only let us say with Dr. Featly Audiamus non phalerata sed fortia we have had enough gay words If notwithstanding all which hath been said our Brethren by misrepresentations to his Majesty or to your Honours shall obtain any power against us and shall make their old Furnace yet seven times hotter in which we yet trust his Sacred Majesty and your Honours will fail their expectations We know that the God whom we serve is able to deliver us But whether he shall please to do it or no we dare not deal falsly in our Covenant with him § 28. But give us leave to plead with your Honours as somtimes the Psalmist did with God Psal 30.9 What profit is there in our blood Suppose we should with our Wives and Families be driven from our Possessions and Countreys to seek our Bread in other Lands Suppose that the Prisons erected for Thieves and Murderers should be filled with Conscientious Christians lying there because they durst not forswear themselves what profit would his Sacred Majesty or your Honours have from the bloud of Innocents What pleasure in the ruine and undoing of so many thousand Souls only because in the matters of their God they differ from some mens sense What loss would his Sacred Majesty have by pleasing all the more sober part of his Subjects by a new unimposed Form of Prayer void of all offence by multiplying the Bishops of England so that they may be able to do their work by restraining them from their sole Jurisdiction not to be justified by any Scripture Reason Antiquity or the example of any Reformed Church § 28. We humbly leave our Groans before your Honours begging the Spirit of Wisdom and Government for every Soul in your great Assemblies professing our selves ready to hear any strong Arguments which our Brethren have yet to bring to prove the Covenant not obligatory and humbly desiring that in so Grave an Assembly where hitherto not obstreperous Clamours but Religion and Reason have ruled we may not be condemned for not doing that which we profess we dare not do because of that Bond wherewith at the Command of the Lords and Commons Assembled in the Parliament of England we are bound unto the Great and Holy God who hath said I will not hold him guiltless that takes my Name in vain CIPPUS Titulus Perjurium Carmen Steliteuticum Cromwellii Carmen Protrepticum Patriae O Faedus ô fides sacra O Nomen Numen Dei Rerum columna publicarum Tutela pacis militum concordia Regumque civiumque nuptialis arrha Et hostium studentium diversa par metus Quem nemo fecit irritum aut facturus est Te pactus ille victor ille dux ducum Dextrâ ter ad coelos levatâ Quid non patravit arduum Post haec sed idem conscio sub aethere Dextrâ ter in Scotos levata Rem gessit haud bonam benè 3. Septembris Et Imperavit Obiit diem suum An ideo Fortis Vafer lusit Deum Te sprevit a te spretus est Te rupit a te ruptus est Pessundedit te pessum est a te datus Cum stirpe totâ Oliva putris perfidus Cromwellius Infame nomen in futura secula Gentes per has exteras Injusta vota justus improbat Deus In vota justa seu vocetur Jupiter Seu Mahometes sive Belus Nebo Adest Jehova poscit ratam fidem Hinc Sedeciam cepit Assyrius levem Templumque mundi sedit in cineres decus Hoc fulminantem vertit Annibalem retro Nec pejeratus Jupiter lapis tulit Hoc Vngarorum fregit infidam manum Regnique florem Turca falce messuit Ducente Christo non suos contra suos Nec vis nec artes numen eludent sagax Quodcunque Christo teste pactum sanximus Missum per auras carpit irredux iter Et implet aures invocati Judicis Noctes diesque murmur aeternum ciens Ut nec subintrent bis ter horarum preces Ah! nequis in se vertat has Iras nocens Neu tam tremendo fulmini subdat caput An laedat idem reddat surdum Deum In pejerantes queis cubat sub pectore Alenda vulpes ipsa vel Clementia * III Decalogi Preceptum Diras minatur sed nec exorabilis Miseris supersunt vota felices probant Suscepta curis saepè sollicitos levant Neglecta rursus saepè securos premunt Sol ante liquidi jura dediscet poli Facemque nocti commodabit mutuam Nos quàm negemus Carolis pactam fidem Satis superque vidimus fraudes pias Vt Trojae Laomedonta perjurum luit Cromwellium sceleris insons Anglia Poenas tributo duodecennali dedit Tangamus Aras sanctius Plebs patres Profana regni si qua pars adhuc manet At nulla regni pars soluta foedere est Tenemur omnis Ordo Pastor Greges Et nasciturum spes in aureas genus Juremus omnes quod tamen juravimus Sacrae potentem Vindicem fidei Deum Qui regis uncti texit Augustum caput Semper daturos Caesari quae Caesaris Vt daturos esse quae Dei Deo THE CONTENTS CHAP. I. THE ancient and just reverence of Oaths evinced from the light of Nature the revelation of Scriptures the contempt of Perjury arguing Atheism worse than that of Pagans Page 1. CHAP. II. The

which he sweareth voweth or covenanteth And for any to say that nothing in an Oath or Covenant obligeth but the Reason and Religion of the thing to be done is indeed to destroy the use of all Oaths and to abolish that Act of Religion which is performed by them and to assert that which certainly never can be believed by any sober Christian as being contrary to all Scripture and Reason and to the determinations of all School-men Casuists and Divines of any rank whatsoever CHAP. IV. The further Obligatory Vertue of the Covenant argued from the Solemnities of it arguing the Violation deliberate and infamous ALthough after thus much said it might be needless to enquire if there be any other auxiliary strength to be added in plea for it yet we cannot but take notice of that known Maxim which we find in Sayrus and other Casuists Sayri Clavis Reg. l. 5. c. 3. §. 22. Quanto crescunt solennitates tanto majus est juramentum by how much more solemn an oath by so much the greater is the obligation of it Sayrus is so confident of the truth of it that he asserteth this That an Oath made by the Creature if solemnly taken is more obligatory than an Oath made by the Creator without such a solemnity and determineth him only infamously perjured who violateth a solemn Oath But we think Dr. Sanderson hath hit the mark in telling us Dr. Sanderson prael 5. §. 12. that the solemnity of an Oath contributeth nothing to the intrinsick value and Obligation of it but accidentally contributeth to its vertue as it importeth deliberation in those that took it and exposeth the Violaters to a greater Scandal The truth of which is obvious enough to every vulgar capacity § 2. But if the solemnity of the Act can any waies contribute to a Sacred Bond certainly the Covenant for which we are pleading is as much advantaged as is imaginable for any thing of that nature It was first solemnly debated branch by branch and phrase by phrase in the greatest Convention of the Nation and by a Reverend Assembly of Divines then taken in the Parliament House and in that Assembly of Divines by hands lifted up to the most High God after this Printed by their Order and with their Names subscribed to it After this by them ordered to be taken by all grand Officers of State and by all Masters and Fellowes of Colledges by all Ministers and by all such as should enter into the Ministry and by the people in all Congregations To which purpose it is advantaged by an Exhortation to the taking of it printed with it by Order of the said Lords and Commons After this Ministers are designed by the Countrey-Committees to give it to the several Congregations having first preached a Sermon to quicken people to the taking of it It was then taken both by Ministers and people with hands lifted up to the most High God in the face of the publick Congregation After this ordered to be hung up in Churches and at certain times to be renewed c. § 3. So that certainly whether we consider the complex nature of the Covenant in it self having in it some ingredients of all sacred-Bonds or the Circumstances which attended the taking of it never was there an higher Obligation laid upon a Nation owning God never a stronger Bond laid upon Christian Souls Poeni foedifragi of old grew into a Proverb Let not Englands Coat be so stained for certainly it is not capable of a greater blot than that of a false and Covenant-breaking Nation CHAP V. Rules in general concerning the Interpretation of Oaths These applied to the Covenant and the true sence of it evinced from them IT may seem very unreasonable after sixteen years digestion of the Covenant to fetch it back into our mouths that we may make a judgment of the true tast of it which the wise man foresaw when he told us it was a snare after vowes to make enquiry The corrupt humours of our stomacks in this time may have much altered it or us from what at first we should have possibly pronounced concerning it And the more unreasonable because the proper Interpreters of it are ceased The Lords and Commons who first imposed it if the Rule be good ejusdem est interpretari ac condere yet because there are not a few who will not believe it so edged a tool but that it may be played withal and who apply to the Covenant the Rabbinical Fable of Manna which they say had a quality in it which sured every Pallat we cannot reasonably proceed further till we have enquired whether indeed we hugged a Proteus when we rejoyced in that sacred Oath or whether this be not an ill report without any just cause brought up upon a good action that by it the Adversaries of Reformation might either discharge others from its observance under pretence of its uncertain sound or please themselves with a dream at least that they shall be secure in the most presumptuous violation of it § 2. Only in regard that Obligatio juramenti est onerosa the obligation of an Oath if any at all is exceeding heavy though the luxuriant vanity of some mens wits and the strong predominancy of lust in others constrain us to an enquiry yet we shall stand concerned to make it exceeding strictly and narrowly being under this assurance That every soul which hath taken it is highly engaged either to the severest observance of it or to a more than ordinary humiliation for his prophane attempt to mock that God so solemnly who hath told us that he cannot be mocked Nor are we concerned to enquire the just sense of every Branch in the Covenant but only of the Second Article in which is contained the chiefest matter of our present Debate § 3. It is true Molina Tabiena Sylvester Layman and Navarrus and some others with what consistency to themselves in other places of their Writings may be judged by comparing Navarrus his cap. 18. cum cap. 1● maintain a strange Principle viz. That none is further bound by an Oath or Vow further than he would have obliged himself if he had either foreseen or observed the necessary or contingent issue of it By which means they set up a Chancery in every particular soul to relieve it from the rigour of that Lex privata private Law of an Oath But Cajetan Lopez Sotus and others reasonably oppose this licentious Principle as that which laies a Foundation to enervate all sacred and civil Obligations quia saepe contingunt aliqua quae si fuissent praevisa contractus non celebrarentur nec ad eum eventum contrahentes se obligâssent Hence Sanches limits that Rule That what would at first have hindred our obliging of our selves by an Oath or Vow had it been foreknown or had it first happened will also discharge us when known or come to passe from our Obligation to the performance of it To those things

concerning the two latter Whether together with the Popish Prelacy of sole and single Jurisdiction it was not the design of the Lords and Commons then assembled to oblige the people of England to extirpate also that Paternal Prelacy for which some plead yea both the name and thing of Prelacy though meerly respecting order in Ecclesiastical Conventions That we may make up a just judgement in the case let us take a view of their preceding and subsequent Acts. § 12. Anno 1641. They had by an Act wherein the King joyned with them taken from the Hierarchy all powers of inflicting Penalties Fines Amercements Imprisonments or any corporal punishment upon any of the Kings subjects for any matter or thing whatsoever as also all power of administring Oaths to any persons in any case belonging to Ecclesiastical cognisance In the year 1643. the Covenant is made and imposed in the terms before expressed In the year 1646. they first establish the Presbyterian Government for three years by their Ordinance which 1648. they renew again and make it sine Die In the year 1646. They by their Ordinance abolish the Name Title Stile and Dignity of all Bishops within the Kingdom of England and Dominion of Wales We must confess we should have been very inclinable to have judged that the sense of the Parliament imposing the Covenant was against all manner of Prelacy and that they designed no less than the engaging of the whole Nation upon the highest security imaginable to endeavour the total extirpation of all the kinds of it had we not been informed that at that time the scruple was made by some Members in Parliament and resolved with the consent of our Brethren in Scotland that it was only intended against Episcopacy as then established in England which gives us a Latitude for a Prelacy of meer order as a civil constitution § 13. In the mean time the Covenant apertly obligeth us against Arch-Bishops Deans Deans and Chapters Arch-Deacons Chancellors Commissaries c. there is no ambiguity in those terms And 2. Against all such exercise of Prelacy as is by any single person arrogating to himself sole and single Jurisdiction or sole and single power in Ordinations 3. Against all such exercise of Prelatical power as is taken away by the Statute of 17 Caroli for the taking away the High-Commission-Court As to all these the Parliaments sense is clear enough and can admit of no dispute Nor is this a rigid interpretation of the Covenant but as favourable as the words of it can bear or reason allow upon the view of what hath been already urged to evince the sense of the Imposers § 14. We conclude then That our solemn Covenant was the highest security wherein it was possible that the Eternal God could have us engaged to him or which the Lords and Commons then assembled in Parliament or our Brethren in Scotland could then take of us That we would in our Callings and Places endeavour to root out that Prelatical form and exercise of Church-Government which was exercised in England by Archbishops tyrannical Bishops their Chancellors Arch-Deacons Commissaries c. From which every reasonable Christian must conclude that if we fail in the performance by establishing that Government again or desiring the establishment of it by promoving owning or countenancing of what we have thus solemnly sworn to extirpate Not only our Brethren will have an Action in the case against us for the violation of our truth to them But the Righteous God will also have a just action against us for the irreverence shewed to his most Sacred Name And if ever any of our Brethren with whom we are engaged who possibly shall not be able so easily to obtain a discharge of their Consciences shall be brought into a suffering state by those whom we contrary to our solemn Oath shall help to set up they will doubtless have a just occasion to prefer a sad Bill of complaint against us to the just Judge of the whole Earth who useth to hear the cry of the Afflicted And whatsoever we may now think or talk in the distempers of our mind in the rantings of our foolish passions whensoever the day of Gods vengeance shall come upon us according to his Word Zech. 5.3 4. Or whensoever we shall have recovered our wits again and we can give our Consciences awaked out of sleep leave to speak freely to us it will be very hard to relieve them unless we can assign such an errour in the Covenant and that too as to the matter sworn as will be allowed by the Divine Law as a sufficient discharge as to our observance and leave us nothing to do but to humble our soules before the Lord for our taking of it It will therefore be the just concernment of every Soul bound in that sacred Bond to sit down and advisedly think before they resolve upon the violation of such an Oath whether there were any such errours And if those who think they have found them would avoid the Infamy which else will fall upon them they will stand concerned to set down these errours and publish them to the world in plain words of truth and soberness not in the insignificant figures of wanton Rhetorick wofully blurred too with foolish passion which may possible satisfie such as were before resolved to be satisfied and make a Bumble sufficient for the eyes of some silly souls and give the wiser sort of people opportunity to make themselves merry but can never stop the mouth or darken the light of a waky and well-informed Conscience CHAP. VI. The Absolvers pretended Errours in the Covenant examined in part The Covenant as to the matter of it so far as respecteth Prelacy not contrary to the Word of God The Plea of its contrariety to the Lawes of the Church or State examined and proved insufficient for the irritation of it § 1. VVE said before that whoso fancieth an escape for his soul from the obligation of the Covenant once taken must be put to the trouble to assign some errour sufficient to discharge him the sufficiency of which must be also judged by the Word of God because from that an Oath derives its Obligatory vertue That there may be such errours in Oaths that we have taken is granted whether in this Oath there be or no is the question If there be any we must find it either in the formal or material or efficient or final cause For we shall hardly find any in any appendant circumstance which will be of such force § 2. And verily there is a variety found out relating to the three latter Causes by such as have spent their time to seek them They have sought false witnesses against the Covenant to put it to death but we hope before we have done to prove not only that they have found none for their testimonies have neither agreed to the Propositions of the Covenant nor yet to the matters of fact relating to

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

comes next to be examined that the Covenant was void because the matter of it contradicted former Oaths They mention four of Allegiance Supremacy of Canonical obedience and that taken by the Kings of England at their Coronation If this be true it is unquestionably void for Juramentum prius prejudicat posteriori But considering that the Covenant was agreed and taken by the Members of the gravest Convention of the Nation and by so many Reverend Divines it will not be amiss to enquire whether of a truth it be so or no that if we find it true both King and Parliament and People may all do obeisance to Prelacy as having unwarily suffered their grave and sacred ears to be nailed to the doors of its house and obliged themselves to be its Servants for ever § 9. As to the Oath of Allegiance there is no mention of Archbishops nor Bishops in it we have only sware Faith and Allegiance to his Majesty which we hope we may give and yet endeavour in our callings to extirpate Popery and Prelacy c. If any one say What if he shall command the setting of it up We would fain know of our Brethren what we should do if Popery should be hereafter by any Prince commanded But to speak directly 1. We believe that Prelacy had no just footing in England but what it had by Authority of Parliament 2. We believe it in the power of King and Parliament to suspend or abrogate any Lawes and to engage people by Oaths for ever obliging against the matter of them 3. We know both King and Parliament by their Act 17 Car. did take away much of the Prelates jurisdiction 4. We know that the two Houses of Parliament did suspend all other power of Arch-Bishops c. and engage the people of England by Oath against the restoring of it * We assert the truth of this no further then as we have received it by printed Narrations VVhich Oath his sacred Majesty afterwards ratified and confirmed for ever We beleeve none can absolve us from an Oath but God onely Our Allegiance therefore can onely in case of such commands be shewed in our patient humble submission to such penalties as shall be inflicted upon us for not yielding active Obedience contrary to our Oaths § 10. So that a man might and may bear Faith and true Allegiance to his Majesty and yet take an Oath to endeavour in our callings the Extirpation of Episcopacy or Prelacy in two cases 1. In case our Allegiance to God required such an endeavour of us in our places 2. In case his Majesties command of submission to that Prelacy comes after my Oath to the contrary ratified by himself And I can find no more in that Oath which can be pretended as contradictory to the Covenant § 11. The next Oath which they mention is that of Supremacy This Oath was established by the Statute 1 Eliz. 1. being devised to secure the Subjects of England to the Supreme Civil Magistrate of England from acknowledging the forreign jurisdiction of the Pope VVhat can be fetched from this Oath must be either from the first part where having declared that we do in conscience beleeve the King is the onely Supreme Governour in England as well in things Spiritual and Ecclesiastical as Civil in opposition to any forreign Prince person Prelate State or Potentate and thereupon we renounce such pretended forreign Jurisdiction and promise Faith and Allegiance Or else it must be in the latter clause where we promise to assist and defend all jurisdictions priviledges c. annexed to the Imperial Crown of England For the former part we are not able to understand what in the Covenant is contrary to it The Covenant allows the King the supreme moderation of all Ecclesiastical and Spiritual causes if Gods word will allow it for there 's nothing any can pretend against it except they plead that then our Reformation cannot be according to the word of God which for our parts we think very false The Covenant doth not in the least acknowledge the Jurisdiction of any forreign Princes Prelates c. For the latter part where we promise to assist and defend the Jurisdictions and Priviledges annexed to the Imperial Crown So saith the Covenant his Majesties Person Honour and Authority Ah! but the second Article must be contrary to this Oath because it is the Right of the Crown to chuse Bishops c. How this Plea will stand with their Episcopacy of Apostolical right let them consider I would fain to make the business short know whether some of these Rights of the Crown may not by consent of the King be parted with and whether his Majesty when he took the Covenant did not part with them We had before only sworn to endeavour the extirpation of these Officers in all our callings by lawfull means and wayes Such now as Petitioning the King c. His Majesty that now is at the entreaty of his Subjects in Scotland parts with this Right by swearing to extirpate those Officers to the nomination of which he before had a right May not we now keep the Oath of Supremacie and the Covenant too Nor can that general terme oblige us any further than to a defence and maintaining all such Jurisdictions Priviledges and Rights annexed to the Imperial Crown which are not contrary to the Word of God But there needs no more be urged against this vain plea especially considering that very few men in England of those that took the Covenant had ever taken the Oath of Supremacy which onely belonged to Ecclesiastical persons Graduates in Universities and publique Officers Which did not make the hundredth part of those who took the Covenant in England § 12. The third Oath to which it is pretended the Covenant is contrary is the Oath of Canonical Obedience which concerns no more than such as were made Ministers before 1641. or at least very few so that much need not be said to it now Indeed all those or at the least most of those that have been in the Ministry twenty yeares when they were Ordained did promise Reverently to Obey their Ordinary And after this by what Law I cannot tell did swear at least when they had Institution granted them by the Bishop to any living that they would obey him in things lawfull and honest And also did subscribe the 39 Articles where the 36. Article doth approve of the form of Consecration of Arch-Bishops Bishops Here now is 1. a Promise of Obedience to the Ordinary 2. An Oath to the same purpose 3. A Subscription that the form of the Consecration of Arch-Bishops c. contains in it nothing contrary to the Word of God Now it is said that he who took the Covenant bound himself in a contrary bond which latter bond by that reason is voyd ipso facto § 13. But besides that this Plea will absolve very few as we said before we are not able to fathom the depth of this