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.

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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 e∣steemed 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 bro∣ther, 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 fol∣lowing 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; especi∣ally 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 que∣stions, 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 Hierar∣chy; 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 obe∣dient both to the King as Supream, and likewise to the Par∣liament, in all things where he who is higher than the High∣est, hath not by his Command superseded such our Allegi∣ance, 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 Se∣nators!) 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 them∣selves 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, sedi∣tious, schismatical, That the power imposing it, was unlaw∣ful, the design of it, Rebellion and Faction, that it was a for∣ced 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 con∣trary 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) up∣on whom the ends of the time of Reformation are come, we are not so much concerned now to enquire, whether the im∣posing and taking of that Covenant, at first, were lawfull yea or no? Our Question is, Whether we having taken it, are not now bound to keep it? The most therefore of Dr. Feat∣ly'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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

§. 10. It is agreed by the eminently Learned and Reve∣rend Dr. Sanderson and all Casuists, That an Oath may be unlawful respectu rei juratae,* 1.1 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 questi∣on, 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 ene∣mies 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 up∣on the Covenant:

As things now stand,* 1.2 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 King∣doms 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 after∣wards 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 Cove∣nant, 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 Prose∣lites) from the high presumptions of those, who having engaged in the same Covenant with us, so horridly viola∣ted the Oath of God, in the murder of his Majesty (of Glo∣rious Memory) &c.

§. 16. His Majesty (in the midst of his Exile) was pleas∣ed (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 Cove∣nant-imposing

Parliament) had not been broken by a mutinous Army, those things could never have been done. Our Bre∣thren know, that divers of those who took the Covenant, sacrificed their lives unto death, in opposition to the vio∣laters 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 num∣ber 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 Co∣venanting Party of the Nation; who (we humbly conceive) have done more in order to the Ends of the Covenant, rela∣ting 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 dis∣proportion is far greater betwixt those who took that Co∣venant, and those who so violated it, both as to their num∣ber and quality.

§. 18. The Oath of God (Right Honourable) is upon us, and we are afraid because of it; we have sworn to en∣deavour the Reformation of the Church of God in Eng∣land, in Doctrine, Worship and Discipline, according to the exam∣ple of the word of God, & the best Reformed Churches: To endea∣vour the extirpation of Popery, Prelacy: If this Oath be Obliga∣tory, we cannot break it, without the highest presumption of wickedness, and therefore must be Sufferers under the

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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 Con∣science 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 ob∣ligatory: What they say, appears to us to be against Scri∣pture, Reason, and the judgment of all sober Casuists, and we believe will so appear to you.

§. 19. The Princes of the greatest Congregation of Eng∣land (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 Parlia∣ments quarrel (His Majesty then living, as we said before, had more charitable thoughts) sure it is, that it was a mu∣tual 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 Fa∣mine 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 Com∣mons 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 Ho∣nours will be so jealous for the Glorious Name of God, so tender of the Souls of the People in these Na∣tions 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 righteous∣nesse 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 ob∣liged to go chearfully into the Prisons which shall be provi∣ded 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 Ho∣nours 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 hun∣dreds (if not thousands) of Godly Ministers, and the suf∣ferings 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 al∣ready invested) with the same power, and whether (after twenty years suffering) it be probably to be conceived, that they are less full of rage,* 1.3 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 Grandfa∣ther 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 con∣cerning 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 di∣vine 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 with∣in a Circuit proportionate to his Ability for inspection, and that without him, nothing was ordinarily done, in Ordi∣nation or Jurisdiction: But that he alone could do any thing in either, we utterly deny. We are sure, that in the Pri∣mitive Church, there was no Archbishops, Deans, Deans and Chapters, Prebends, Chancellors, Commissaries, Arch∣deacons. 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 here∣tofore 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 Divi∣nity. 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 mat∣ters 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 al∣so 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 de∣clared 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 unlawful and against the purity and simplicity of Gospel-wor∣ship, and such, against which we are highly engaged by the Oath of God which we have taken.

§. 26. We humbly beseech your Honours, to compassi∣onate 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 establish∣ed 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 Inno∣cents

be against the Parliament of England; because God hath said he will hear their cry, and help them. If our Bre∣thren 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, si∣lence, 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 Argu∣ments, 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 pro∣fit 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 thou∣sand 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 Sub∣jects, by a new unimposed Form of Prayer, void of all of∣fence? 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 Ho∣nours, 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.

Notes

• * 1.1

  De Jur. prom. prael. 2. Sect. 14.
• * 1.2

  〈…〉〈…〉 pag 86.
• * 1.3

  Let enquiry be made at Ox∣ford, Cambridge Peterborough, &c.