The Covenanters Plea Against Absolvers, Title page – Dedication
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.
foreign. 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 illfavoured 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 bound to keep it? The moſt therefore of Dr. Featly'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 foreign.
§. 10. It is agreed by the eminently Learned and Reverend Dr. Sanderſon and all Caſuiſts, That an Oath may be unlawful reſpectu rei juratae, De Jur. prom. prael. 2. Sect. 14.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 queſtion, 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 enemies 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 upon the Covenant:
As things now stand,… pag 86. 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 Kingdoms 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 afterwards 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 Covenant, 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 Proſelites) from the high preſumptions of thoſe, who having engaged in the ſame Covenant with us, ſo horridly violated the Oath of God, in the murder of his Majeſty (of Glorious Memory) &c.
§. 16. His Majeſty (in the midſt of his Exile) was pleaſed (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 Covenant-impoſing Parliament) had not been broken by a mutinous Army, thoſe things could never have been done. Our Brethren know, that divers of thoſe who took the Covenant, ſacrificed their lives unto death, in oppoſition to the violaters 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 number 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 Covenanting Party of the Nation; who (we humbly conceive) have done more in order to the Ends of the Covenant, relating 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 diſproportion is far greater betwixt thoſe who took that Covenant, and thoſe who ſo violated it, both as to their number and quality.
§. 18. The Oath of God (Right Honourable) is upon us, and we are afraid becauſe of it; we have ſworn to endeavour the Reformation of the Church of God in England, in Doctrine, Worſhip and Diſcipline, according to the example of the word of God, & the beſt Reformed Churches: To endeavour the extirpation of Popery, Prelacy: If this Oath be Obligatory, we cannot break it, without the higheſt preſumption of wickedneſs, and therefore muſt be Sufferers under the duplicate page duplicate page 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 Conſcience 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 obligatory: What they ſay, appears to us to be againſt Scripture, Reaſon, and the judgment of all ſober Caſuiſts, and we believe will ſo appear to you.
§. 19. The Princes of the greateſt Congregation of England (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 Parliaments quarrel (His Majeſty then living, as we ſaid before, had more charitable thoughts) ſure it is, that it was a mutual 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 Famine 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 Commons 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 Honours will be ſo jealous for the Glorious Name of God, ſo tender of the Souls of the People in theſe Nations 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 righteouſneſſe 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 obliged to go chearfully into the Priſons which ſhall be provided 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 Honours 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 hundreds (if not thouſands) of Godly Miniſters, and the ſufferings 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 already inveſted) with the ſame power, and whether (after twenty years ſuffering) it be probably to be conceived, that they are leſs full of rage,Let enquiry be made at Oxford, Cambridge Peterborough, &c. 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 Grandfather 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 concerning 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 divine 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 within a Circuit proportionate to his Ability for inſpection, and that without him, nothing was ordinarily done, in Ordination or Juriſdiction: But that he alone could do any thing in either, we utterly deny. We are ſure, that in the Primitive Church, there was no Archbiſhops, Deans, Deans and Chapters, Prebends, Chancellors, Commiſſaries, Archdeacons. 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 heretofore 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 Divinity. 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 matters 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 alſo 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 declared 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-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.