What is Lawfull Swearing.

NOthing is manifested in Scripture to be more sa­cred then an Oath; which though made to Man and proceeding from Man, yet being made with relation to God is called The Oath of God, Exod. 22. as a principall part of Gods Worship, Thou shalt worship the Lord and sweare by his name, Deut. 10. And it is most justly called a Worship of God since thereby the just swearer glorifieth God, by professing, First, his Omniscience, as the only searcher of his heart to know whether he sweares rightly or not. Secondly, his inviolable justice to con­demne the unjust swearer and Thirdly, his omnipotency & un­resistable power, to take vengeance upon every Godlesse viola­tor of an Oath: and Godlesse he must needs be who observeth not all the properties of an Oath which God himselfe hath pre­scribed; even these three recorded. Ierem, 4 Thou shalt swear in Iustice in Iudgement, and in Truth. First in Iustice, that the case be necessary and just, whereunto I am to be sworn, Secondly, in Iudgement, that know it to be such; because whosoever doth it doubtfully condemneth himselfe. Rom. 14.5, 22.23. Lastly, in Truth, abhorring from all deceitfulnesse of speech; either by ver­ball [Page 2]equivocation, or (which is the Art of lying) by any men­tall reservation. For although it be the easiest thing in the world to delude Man, yet the Apostle will have us know that God is not mocked, Gal. 2.7. Thus much of the substance and circumstances of Lawfull swearing,

We are to bring the new Oath to this divine Test, to trie it whether it be true coyne or counterfeit.

I A. B. in humility and reverence to the divine Majesty, declare my hearty sorrow for my owne sinnes, and the sinnes of this Nation, which have deserved the calamities and judgements that now lye upon it: And my true intention is, by Gods grace, to endeavour the amendment of mine own wayes.] Well then. Therefore must we take heed, least by multiplying our sinnes by perjuries and false swearing, we doe provoke God to aggravate and multiply his judgements against us; because Rash swearing is a guiltinesse, Lev. 5.4. and a false Oath is one of the greatest profanations of Gods name that can be, as all Scripture sheweth; and whereof God gave a document even in the new Testament, by his visible judgement upon two perjured wretches at once, as was seen be­fore out of Act. 5.

The Oath with an Exception.

And that I doe abhorre and detest the said wicked and treache­rous designe lately discovered: and that I never gave, nor will gave mine assent to the execution thereof, but will according to my power and vocation oppose and resist the same, and all other of the like na­ture,] Which is not yet discovered unto me of what nature it is; whether it be not the same intended from the King for the Ar­ray, which is exacted by the Parliament for the Militia. And how farre the chiefe discoverer is to be beleeved, is a matter of great uncertainty; seing, after His Impeachment of diverse, none as yet hath been sufficiently convicted.

The Oath with its exceptions.

And in case any other like designe shall hereafter come to my Knowledge, I will make such timely discovery as I shall conceive may best conduce to the preventing thereof.] None can give any [Page 3]assurance of that which is Like, before he know the colour of the ensample, which hitherto is not represented, but only in generall termes, and therefore invisible and unknown to my conscience.

The Oath and the Exception unto it.

And whereas I doe in my Conscience beleeve, that the Forces raised by the two Houses of Parliament, are raised and continued for their just defence.] Namely of Parliament; which I cannot doe, if I may believe His Majesties often, publique, and deep a­vouchments that he intendeth not the dissolution of this Parlia­ment: nor untill my Conscience be perswaded against Scripture to sweare I ought not give credit to such expression from so Roy­all a mouth of my Soveraigne, especially engaging his Soveraign­ty and Royalty for the truth of his Declarations in that behalfe.

The intention and reason of the Oath from the Preamble of it, and the exceptions against it.

A Popish Army hath been raised against the Protestant Religi­on.] The intention and Reason of an Oath is (as it were) the soule thereof, and concerneth the very soule of the swearer. The Reason here pretended is (as the denomination sheweth) The Popish Army of the King, now the denomination of every thing is taken either from that which is greater in Quantity, or in Ex­cellency for worth, and value. But if I should think that the Ar­my of the Kings is therefore more excellent because Popish, this were to denominate my selfe unworthy in opposing them, or if it be meant in respect of the Quantity, as if in the Army against the Parliament the greater number were Papists: this is as disso­nant because the whole Hoast at Oxford, both Captains and infe­riour Souldiers (as is divulged) have taken the Oath, for defence of the Protestant Religion established. And scarce any one Troop of Papists hath been named in all the rest of the Armies on this side Trent. As for the Northern parts (if the asseverations of some may be credited) not two Regiments of sixteen can be accounted which professe themselves Popish. Therefore with what ju­stice will they have me to swear that Army to be Papisticall, and yet will not permit me to call their Army Anabaptisticall, which [Page 4]yet consists mainly of men of that Eaction? We are now to enter into the Religious consideration of this Oath.

The Oath in respect of Religion and the exceptions.

And I doe in my Conscience believe, that those Forces are raised by the Parliament in defence of the true Protestant Religion.] But what is signified by the true Protestant Religion, we are not cer­tified by this Oath, and must therefore borrow a light from the former oath of Protestation, authorized by this Parliament, both in the Preamble and explication thereof by the House of Com­mons. In the Preamble thus, The true Protestant Reformed Reli­gion established. In the Oath it selfe thus; The true Protestant Religion expressed in the doctrine of the Church of England, a­gainst all Popish innovations. The Exposition thus meaning so farre only as it is opposite unto Popery and Popish Innovations, and not to be extended unto any forme of Worship.

The Oath and the Exceptions against it.

I. A. B. In my Conscience beleeve, that the Forces raised by the two Houses of Parliaments, are raised for their just Defence, and Liberty of the Subject, against the Forces raised by the King.] In this three circumstances are considerable; Who, against whom, and What; ingendring as many doubts and obstructions unto the Consciences of them that are required to take this Oath.

The Oath and the Exception against it.

I will likewise assist the Persons who shall take this Oath, in what they shall doe in the pursuance thereof. These words [What they shall doe] have a great latitude and may leave the Actors unto a liberty or rather licence to urge men to take it by what means soever, be it fas or nefas.

A Corollary to the former

It may not be omitted to advertise how the Ministers and Trumpeters, sounding Alarums for Warre and for the Autho­rizing of this Oath, doe symbolize and jumpe with the Irish Pa­pists in the selfe same three reasons which make for the justifying their Rebellion. 1. It is in the power of our People (say they) [...] create a King, so to dissolve the Royall Government upon oc­casions seeming good to themselves. The second is Salon populi, the peoples generall and necessary good, as they pretend. Thirdly, the establishing of their owne profession of Religion. These so many exceptions may prove so many Corrosives to the heart of the Swearer; whether he take it with a conscience wilfull or doubt­ [...]ull.

Three Quaeres or Cases of Conscience, touching the late Oath.

1. Q. How it consists with the three-fold Condition of an Oath in generall,

• 1. of Truth,
• 2. Iudgements,
• 3. Righte­ousnesse?

Ier. 4.2.

2. Q. How with the three-fold Oath taken in particular:

• 1 Allegiance,
• 2. Supremacy, and the
• 3. Protestation?

3. q. How with it's own,

• 1. Introduction,
• 2. Limitations, and
• 3. Expressions

in specialls? and a three-fold cord is not easily broken, Eccles. 4.12.

• For the first quaere and first Condition of Truth,
  • 1. Which Excludes, Falshood, Doublings, Fictions, mental Evasions, Equivocations, Reservations, &c. and requires simpli­city, and severe correspondence to the sense and purpose of the Imposer, (i. e. liquido jur are.)
• For the Second, of Judgement,
  • 2. Which requires it should be done soberly, advisedly, dis­creetly, reverendly, and in the feare of God. And not unadvised­ly, lightly, or wantonly, to satisfie mens lusts and appetites like brute beasts that have no understanding.
• For the third, of Righteousnesse.
  • 3. That it be not to the hurt and prejudice of my neighbour, for any unjust or unlawfull designe.

So,

He that taketh it in his own private sense or reservations, (and not agreeable to the plain sense and purpose of the Impo­ser of the Oath,) offends against the first Condition.

He that takes it rashly or timorously for fear or favour of men; offends against the second.

He that takes it out of misguided-Zeal, or spirit of revenge upon his brother, offends against the third.

For these and the like causes S. Austin concludes, that Falsa [...] est exitiosa, vera iuratio periculosa, nulla iuratio secura. D. August: Ser: 28. de verbis Apost. False swearing is pernicious, true swearing is dangerous, not at all swearing is secure.

Now for the second Q. How can it consist with a three­fold Oath taken in particular? and

First, how with the Oath of Supremacy?

For, if he be Supream over all persons, in all Causes Ecclesi­asticall and Temporall, how can I swear to subject him, or (which is all one) his Commissioners, 1. Pet. 2.14. and Power sent by him to any per­sons in any cause whatsoever?

Ob. 1. But you will say the occasion of that Oath was only to exclude the Popes Supremacy.

Sol. True, though that were the chiefe occasion, yet it was not only the intention: but was purposely made to involve and shut up all his Subjects under the same Conditions of unresisting Obedience.

Ob. 2. But the Oath only binds so long as the King observes the Condition of his own Oath for the true Religion. &c.

Sol. A lawfull Oath taken is of good force to bind us to O­bedience even to a bad King; (much more to an eminently good Pious and Religious King) as appeares by that of Solomon, Ec­cles▪ 8.2. I councell thee to keepe the Kings Commandment, and that in regard of the Oath of God: And by example of Zedechiahs perjury and breaking of his Oath made to a Tyrant, Ezech: 17. v. 15.20. an Enemy of the Church. Shall he prosper (saith God) shall he escape that doth such things? Or shall he break his Covenant, and be delivered? As I live (saith the Lord) Surely MY Oath which he hath despi­sed, and MY Covenant that he hath broken, even it will I recom­pence upon his own head. In like manner Saul his bloody house was visited because he sought to slay the Gibeonites (aliens to the Common-wealth of Israel) though in Zeal toto the Children of Israel and Juda. Hitherto of the first Oath, 2. Sam. 21.1.2. which is of Supre­macy.

The second followes of Allegiance,

O. How can it consist with it? For I am bound by it to de­fend [Page 10] the Kings Person, to the uttermost of my power; and spee­dily to discover and resist all Treasons and, Conspiracies against his Person, Crown, or Dignity; All which seeme to be endangered by taking or partaking with Armes raised against him or the Po­wer, Army, or Life-guard commanded by Him for His defence, and that no person whatsoever, hath power to absolve mee of this Oath.

And for— The third Oath. Of the late Protestation.

How can it consist? For, I Protest, Vow, and promise to main­taine the Protestant Religion See the pre­amble of the House of Com­mons to the Protest: expressed in the Doctrine of the Church of England, against all Popery and Popish Innovations.

But this Assertion of the new Oath that (in my Conscience I doe beleeve that the Forces raised by the two Houses of Parliament, are raised and continued for their [...]ust defence, and for the defence of the true Protestant Religion) seems to contradict the late Protestation; For, first it is against the established Doctrine of the Church of England; which is in the 37. Article which saith that The Kings Majesty hath the Chiefe power in this, Realme of England unto whom the Chiefe government of. All Estates, whe­ther Ecclesiasticall or Civill, in All causes, doth appertaine—To rule All Estates and degrees committed to Their charge; and to restraine with the sword; None of which can the King doe, if the Sword or Militia be taken from Him. Item. That a man may, take up Armes or take an Oath when the Magistrate (i. e. Su­pream Power) commandeth; implying that no man ought either, to take Oath or bear Armes without the Injunction of the Ma­gistrate. Item, Article 35. that the two Bookes of Homilies, (the Homilies against Rebellion amongst the rest) containe a Godly and wholsome Doctrine, to be read in Churches by the Ministers (that is Preachers, not only Reading Ministers) dilligently & distinctly; that they may be understood by the People as the Doctrine of the Church of England: For though there may be many Doctrins and many Churches in England yet there is but one Doctrine & one church of England, contained in the 39. Articles, and Common-Prayer Book confirmed by Act of Parliament. Thus far of the first particular of the Protestation. The second is, how it can consist with that part of the Protestation, which binds me to oppose all Popish Innovationis, [Page 11]&c. for to take, up Armes in case of Religion against a Supream Power is a plaine Popish Innovation, and a new Invention ought and maintained only in this last Age. And thirdly, [...]ow can it consist with the last particular; Wherein I [...] and protest to maintains with my Life Power and Estate (ac­cording to the duty of mine Allegiance His Majesties Person, Ho­nour and Estate, Now the Quaere is how I maintaine first His Person with my life, Power, and Estate, if I sweare to assist an Army of men whom He hath oft Declared (and are so accoun­ted by many pious and Iudicious men) to be utter Enemies to His Person; Honour and Estate; Or, secondly, how can I be said to maintaine His Honour, when by this Oath I professe (expressely contrary to the word of God, Eccles. 10.20. Exod. 22.28, (not only in mine heart to curse and accuse Him, but openly with my mouth to revile and blaspheme Him; and in effect, say in mine heart, (which is Nefandum horrendum and farre from the thought of an obedient Sonne, that honoureth his Father) He is an utter Enemy of Gods true Religion, a violator of all sacred Vowes, Oathes and Covenants. And can't yet be said to main­taine His Honour? Can I be thus presumptuous to [...]udge Him? Am I not afraid to speake evill or Dignities, & yet maintaine the kings Honour, or the Christian Protestant Religion? 2 Pet. 2.10.11. Did Cham honour his Father when he discovered his reall nakednesse? and do they honour their Father that impute a lying and false naked­nesse, and cover his reall Virtues & Glory by casting on foule and fained aspersions? A Sonne honoureth his Father and a Servant his Master; If he be a Father where is his honour? Malach. 1.6.8, if he be our M [...] ­ster where is his feare? if this be the honour and feare, goe and offer it [...] thy Father, to thy Master, and see if they will take it at thy hands?

Nor will the after exposition serve to heale this breach: by saying it was not to be extended to the maintenance of any disci­pline or government of the Church of England. For, first all the or­d [...]ined Ministers of England have subscribed and sworn to the Kings Supremacy, and all the doctrine of the Church of England; and therefore they cannot be absolved from this lawfull Oath by any power whatsoever.

And Secondly, though it should not be extended to Church-Government, yet it will reach to the Civill Supremacy and [Page 12]chiefe power of the Sword, See the a­bovesaid Article 37. which the expresse doctrine of the Church of England avouceth to be only in the King.

Or thirdly, how can I be then said to maintain his Estate, when I take part with them that with-hold and with-draw it from him? or that put him into such an Estate and condition as does exhaust and consume His Estate, by maintaining an Army to guard and protect His own Person and His Loyall Subjects? And hitherto of the two first Queries concerning the three Oathes of Allegiance, Supremacy, and Protestation; now follow­eth the third Queere, how this late Oath can consist with its own Introduction limitations and expressions.

First, How with the Introduction, viz. That there hath been and now is in this Kingdom a POPISH AND TRAITEROVS PLOT for the subversion of the true Religion, &c. First how can I believe this, and believe the Kings Protestation to the contra­ry? And Secondly how can I honour the King and not believe Him, And thirdly, how can I call it a Popish Army when the more principall part must give the denomination? when it is confest and manifest, that the better part by much, and the grea­ter by farre are Protestants, and sworn contrary to all popish plots. Secondly, In declaring my sorrow for my sinnes past, and purpose to amend, &c. How can it consist, if in this very Oath I commit greater sinnes of Pride, Slander, Envy, and all Unchari­tablenesse, Blasphemy, Perjury, and Disobedience? And if the Repentance it selfe be such a sinne, it is a Repentance to be re­pented of.

Againe, how can it consist with the Limitation, i. e. In Order to the securing the true Protestant Religion? when as it is cleer by what is above said, It is directly contrary to Our Protestant Religion, or the Doctrine of Our Church ( though there may be many other strange doctrines in our Church (which evidently as­serts the King to be supreame over ALL Persons, in ALL Cau­ses; and plainly denies any power of Armes to be used by Sub­jects against their King, under colour of Religion. Now what our Lord and Master said to one desiring him to divide the inhe­ritance, See Luke 12. We his servants may answer in the like case, Man, who hath made me a divider or Iudge over you? If any speak to us to take up Armes to vindicate the present cause as just, in raising [Page 13]Forces against the King, Must answer and aske, Who, hath, made [...] Iudges over our Soveraigne? Or dividers of the Kings Inheri­tance betwixt Him and His Subjects? Especially when he hath protested so often by all that is sacred, and engaged all that is deare to Him, that he will maintain in and defend the true Prote­stant Religion, and Liberty of the Subject &c. Am I not rather silenced by that of Solomon My Sonne, feare God and the King; See Prov. 24.21. and meedle not with them that are given to change, Prov. 24.21. Or are we not rather disarmed, by that of our Saviour, put up thy sword, for he that takes the sword will perish by the sword.

Thirdly and lastly, the Expression; which is, To maintain and assist all persons in whatsoever they shall doe in pursuance of the same. Which is of a vast and large extent; & seems to maintain,

• 1. Those that hazard and oppose the Kings Person, Honour and Estate,
• 2. Those that go contrary to the doctrine of the Church of England (in taking up Armes under colour of Religion.)
• 3. And that in all which they shall doe on pursuance of the same.

What if I should be required to help to kill mine own Father, Naturall, Civill, or Spirtuall, if the King or my Parents or any Ministers shall oppose their Forces by word or deed, it seemes I may and ought by virtue of these words [In pursuance of the same] assist any one that shall pursue them or any of them unto death. And we have cause to feare it will be so extended, when it is taken up or offered by some for good doctrine, that every man ought (as the Levites commanded by Moses) goe out and slay every man his Brother, See Exod. 32.27▪29. and consecrate your selves every man upon his Sonne or upon his Brother, Companion, or his Neighbour, if he judge him an Idolator, Enimy of God; (which is not very hard for malice to doe.) And that the Levites by that severe and bloody execution, did expiate their slaine of their Fathers transgression. But farre be from that kakozelia, to partake of the transgression of Simeon and Levi brethren in iniquity; (ex­cept he had the same infallible Commission, and the same idola­try to oppose) under an hypocriticall pretext of circúmcision, and furious zeale of Religious Reformation, did really affect not the conversion but the destruction; not the Circumcision but excision of the Shechemites.

But pray we rather and conclude with the true Israel of God, Oh my soule, come not thou into their secret, into their assem [...] mine honour be not then united. Gen. 49.56.57. For in their anger they slew a man and (saving their Persons) cursed be their anger for it was fierce, and their wrath for it is Cruell; [...] them in Jacob and scatter them in Israell. Amen