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The Covenanters Plea Against Absolvers · Theophilus Timorcus

The Covenanters Plea Against Absolvers, Discourse · Chapter 2 – Chapter 4

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 do for others. This when made freely, is by Criticks called, pollicitatio: when at the importunity of another, promiſſio; either way, lex privata, it becometh a private law, obliging the ſoul morally vertuous, or religiouſly good, to a ſtrict performance.

§. 3. An Oath is a religious Act ubi Deus teſtis invocatur; where for further ſecurity to others of what we believe, or have done or engage to do, God is called in for a witneſs; which ought not to be, but in weighty matters, and in doubtful matters: But all the future actions of men, being ſuch as are ſubjected to various accidents and contingencies, through the mutability of our minds, the bottomleſs deceit of our hearts, and the power which temptations from the world, the fleſh and the Devil, have upon us, they are juſtly allowed by Divines, both as to their matter and circumſtances, to be the proper matter of an Oath, whoſe formality lieth in the invocation of the dreadful Name of God, to atteſt the ſincerity of our intentions, as to future performances; which ſacred invocation of the name of God, annexed to a promiſe, addeth highly to the obligation of it; for it being a piece of Divine worſhip, ſo to invoke Gods ſacred Name, the ſecurity is highly advantaged by ſuch a Label annexed. Let vain Orators cant what they pleaſe, it is determined by all Caſuiſts which we ever yet ſaw,Filiucii Mor. Quaeſt. tract. 25. cap. 4. q. 1. That an Oath doth add to a promiſe a ſpecial obligation. Filiucius, and others make it an Article of our Creed, by telling us, that it is de fide to believe that it doth ſo.

§. 4. A Vow (ſaith Richardus) eſt propoſiti ſupererogativè boni promiſſio Deo facta propter bonum finem, ex deliberatione firmata. By which deſcription, nothing neceſſary by the neceſſity of a Divine Precept can be the proper matter of a Vow; no it muſt (according to him) be ſupererogativè bonum, ſome good thing which God hath not required at our hands; but we (not well underſtanding what good thing can be aſſigned, which falleth under no Divine Precept) do rather cloſe with their more ordinary and juſtifiable deſcription of it, who tell us, It is a promiſe made to God: And indeed thus it differs from a promiſe, which may be made to men, and that as to the things of this world: A Vow can only be made to God, and that in rebus Dei, in the things of God. Not to trouble our ſelves with the niceties of the deſcription of it, certain it is that the Obligation reſulting from it is great. Aquinas, Sayrus, Filiucius, Layman and others, determine the obligation of a Vow, to exceed that of an Oath; Aq. 22 ae q. 89. art 8.becauſe (ſaith Aquinas) the obligation of an Oath ariſeth only from that reverence which we owe to the Sacred Name of God: But the obligation of a Vow ariſeth from that fealty which we owe to God, the violation of which is alwaies attended with irreverence. Not to diſpute the ſtrength of their ratiocinations, we think this (which ſome Caſuiſts have alſo hit upon) may be ſuperadded: That although in every Vow there be not a formal invocation of God (God being the proper correlate, and as it were, a Party to every Vow, and therefore not formally to be invoked for the conteſtation of it) yet there is in every Vow an implicit calling God to witneſs; ſo that certainly the obligation ariſing from a Vow is not beneath that of an Oath.

§. 5. A Covenant (ſtrictly taken) is a mutual ſtipulation of two or more parties, and in that lies its ſpecifick difference, both from a naked promiſe, and from an Oath and a Vow; all which maybe made by ſingle perſons: But the nature of a Covenant is ſuch, as requireth at leaſt two parties mutually ingaging each to other. This obligation may be either contracted with God, or with our neighbour, and that concerning any kind of things, from whence are the ſeveral ſorts of Covenants treated on by Civilians and Politicians, concerning which we ſhall ſpeak nothing in this place. The Jews contracted a formal Covenant with God, when upon the promulgation of the Law by Moſes, they ſaid, whatſoever the Lord ſpeaketh, that we will do; whence it is (as we conceive) that they are ſo often charged in holy Writ, with breaking Covenant; in the violation of the Divine Law. And God having given us in his Word, an everlaſting Rule of righteouſneſs, to the obedience of which we are engaged, by immutable promiſes (although God hath left off to ſpeak from Heaven to us) yet we are ſtill left in a capacity to make formal Covenants with God, which we do as often as we by ſolemn promiſes engage our ſelves to the ſtricter obſervance of the Divine Law in whole or in part. The obligatory vertue of a Covenant (ſeparated from the additional force of an Oath, by which it may be alſo further confirmed) ſeems to be encreaſed from the mutual conſideration, upon which it is neceſſary that each part of a Covenant ſhould be entred; which makes every Covenanter to have a quid pro quo, and adds an obligation from juſtice to a due performance; ſo that as he who breaks a naked promiſe, ſins againſt his Truth and Fidelity; and he who violates his Oath, highly ſins againſt that reverence which he owes to the ſacred name of God; ſo he that breaks a Covenant, ſinneth againſt Juſtice, which every man is obliged to maintain, as that which joynteth all humane ſociety, and keepeth the world in order.

§. 6. Now beſides theſe ſimple bonds, which ſhould be ſufficient to hold vertuous and religious men, there may be compounded Formes, in which there may be a mixture of two or three or all of theſe: And reaſon will eaſily teach us, that if any of theſe ſingle cords, be ſufficient to hold a ſoul which hath any value for Truth, any Reverence for the Name of God, or profeſſeth any fealty to him, or in whom any love of common juſtice may be found, and who hath not, without regard either to God or man, without any conſcience of Religion or moral Honeſty, taken up a reſolution, to break all ſacred bonds aſunder, and caſt all cords behind his back: Certainly, when two, three, or all of theſe are twiſted into one cord, they muſt be ſtronger than Sampſons ſeven green withs, and like Solomons threefold cord which cannot eaſily be broken.

§. 7. And if we miſtake not, ſuch is the nature of this ſacred Cord (the ſtrength of which we are trying) The ſtyle of the whole is promiſſory, and argues all the force of a promiſe in it: The Preamble to it concluding thus,—With our hands lifted up to the moſt High God, we do ſwear; together with that Clauſe in the laſt Paragraph— And this Covenant we make in the preſence of Almighty God the ſearcher of all hearts, ſufficiently prove it to be an Oath, and to have in it all the vertue of that ſacred Obligation: If a Vow according to 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, 'tis 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 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.