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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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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
of carnal Sophistry beyond all due staples of reason inventing vain distinctions and asserting unheard of Atheological Positions and all to cheat silly soules into the highest presumptions of wickedness almost imaginable and to publish these things in the face of the Sun shining too in the Noon-day of Gospel-light § 3. Is it not the true and living God whom we serve who hath said Lev. 19.12 You shall not swear by my Name falsly neither shalt thou prophane the Name of thy God I am the Lord. Is it not he who curseth and no man blesseth Mal. 3. who hath said he will be a swift witness against him that sweareth falsly And again The curse shall come into the house of him that sweareth falsly by the Lords name Zech. 5.4 and consume it with the timber thereof and the stones thereof Do not we serve the same God who so severely revenged the violation of the Oath to the Gibeonites into which Joshuah and the Israelites were cheated upon all Israel and then upon the Family of Saul who so severely declared himself against Zedekiah for the violation of an Oath imposed upon him by a forreign Prince who had conquered his Brother Ezek. 16.17 though the Oath tended to enslave the people of God to an Idolatrous Prince When we think of these things trembling takes hold upon us and we are ready to say concerning such as discourse for the nullity and violation of Oaths as be did Aut hoc non est Evangelium c. Either we are mistaken in that sacred Book which we have hitherto called the Word of God and owned as the Rule of our Faith and Life or these men are not the Servants of this God such as make this Word a light to their feet and a lanthorn to their paths § 4. What can it argue less than Atheism or an high contempt of God lightly to esteem his sacred Name for men to be of the prophane temper condemned by the Poet Nil metuunt jurare nihil promittere parcunt Sed simulac cupidae mentis satiata libido est Dicta nihil metuunt nihil perjuria curant The truth and fidelity of a man was by the Heathen accounted so noble a piece of the demesne and patrimony of a rational and vertuous soul that if at any time a Regulus or any other had pawned it to an enemy they thought it worth the redeeming at the price of their head But if an Idol-god had been called to witness the Obligation they thought scarce any punishment severe enough for him that presumed to violate it as having broken the strongest Ligament of humane society nullum enim vinculum ad astringendam fidem jurejurando majores arctius esse voluerunt saith Tully and denied that God who ruleth the world Juvenal could set it upon no other foot Sunt qui in fortunae casibus nunc omnia ponunt Et nullo credunt mundum Rectore moveri Naturâ volvente Vices lucis Anni Atque ideo intrepidi quaecunque Altaeria tangunt § 5. Can we therefore hold our peace at the reading of divers late Pamphlets tending to Absolve men from the Sacred Oath first taken by the Lords and Commons Legally assembled in Parliament Anno 1643. then by the generality of the people of England at their command with the highest solemnity imaginable after this by his Sacred Majesty that now is * If printed Books and Narrations be true Anno 1649 or 1650. who was pleased likewise by his Declaration then emitted to approve it in every Branch thereof and to ratifie his Subjects taking of it in his other Dominions After which for any to put us upon an enquiry whether our Souls be bound with that Bond must certainly be that Snare to our Souls against which Solomon of old gave us a Caution and to tempt men to the highest contempt and profanation of the Sacred Name of God § 6. But the presumption is yet aggravated in our apprehensions when we consider that this is done in a day when a Righteous God is taking exemplary vengeance upon them who after they had taken that Sacred Oath themselves and been Instruments rigorously to press it upon others could satisfie their Consciences in destroying the Person of the King whom they in it had sworn to preserve and rooting out his Authority which it obliged them to maintain We say for men in this day to bid others go and do likewise appears to us like the cutting of a Purse in the face of a Judge and an open proclaiming that we have no degree of the fear of God before our eyes § 7. Especially when we consider that the thing wherein some of this Generation would have that Sacred-Oath violated and contemned appeareth to us the main business of that Sacred Oath viz. the Reformation of the Church and Preservation of the Purity of Religion and Worship to which most other things in the Covenant seem to us according to the phrase of it to be subordinated § 8. This certainly should engage every true English-man who thinks himself concerned in the honour of his Nation and every righteous Lot more especially who must be grieved at the evil conversation of his Neighbours to cry out I pray you Brethren do not so wickedly And the heighth of the wickedress will be more evident if we consider that Sacred Engagement either in its own nature or under its more than ordinary circumstances CHAP. II. The several Forms of verbal Obligations simple and mixt Of a Promise an Oath a Vow a Covenant the distinct Nature of each The Covenant proved to be a Compound of all and therefore highly obligatory § 1. BEsides the natural ties of every soul unto God by which as a Creature it is bound in a duty of universal homage to its Creator as it is directed by the light of Nature or Revelation in Scripture and the natural obligation of Brotherly love by which a man is indebted to his Neighbour we are told by Moses Numb 30.2 that we may either inhance this hereditary debt or contract a new one to God or men by the words of our lips binding our Souls in a bond which without prophaning our selves we cannot violate Which Bond according to the different seal affixed to it or the different Parties to whom it is delivered as our Act and Deed according to the various matter Form or circumstances of it hath obtained several names and hath more or less obliging vertue § 2. There are 4 more noted Terms used in Scripture and by Divines interpreting Scripture expressive of such Obligations A Promise an Oath a Vow and a Covenant A Promise saith Aquinas is a rational Act of a man Aqu. 22 aequ 88. art 1. by which he declareth and ordereth his purposes to another as a Superiour by his precept ordereth others as to what he would have them do for him So by a Promise a Superiour inferiour or equal ordereth himself as to what he will
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