The dissonant Harmony or sacred publick Oaths, Protestations, Leagues, Covenants, Engagements, lately taken, &c.
MAny are the publick Oaths, Protestations, Leagues, Covenants, which all English Subjects (especially Judges, Justices, Sheriffs, Maiors, Ministers, Lawyers, Graduates, Members of the Commons House, and all publick Officers whatsoever) by the Laws and Statutes of the Land have formerly taken to their lawfull Hereditary Kings, Bracton, l. 3. Tract. 2. c. 1. Britton c. 12. Lambardi, Archaion, LL. Edwardi Confessoris Lex, 35. Spelmanni Glossarum, p. 267, 268. Cook 7 Rep [...] Calvins case. 1 Instit. f. 64, 65, 67, 68. Tottles Magna Charta. f. 164. Kitt. f. 46. Exact Collection▪ p. 370. Joh. Seldeni, ad Eadmerum Notae, p. 190, 191. their Heirs and Successors, to bind their Souls, Consciences, to bear constant Faith, Allegiance, Obedience, and dutifull subjection to them; and to defend their Persons, Crowns, and just Royal Prerogatives, with their Lives, Members, Fortunes, against all Attempts, Conspiracies, and Innovations whatsoever. Which being almost quite forgotten by those who have formerly taken, and as frequently violated them over and over, in the highest degree, if not abjured them by contrary late Oaths and Ingagements; I shall present them in order to their own and others view, that they may conscienciously review, consider them afresh, and bewayle their perjurious atheistical violations of them, to prevent those temporal and eternal Judgments, which otherwise may and will most certainly fall upon them, & our Nation too for the same.
1. I shall begin with the antient Oath of Fealty, a which every Person above 14. years old, and every Tithingman was obliged to take publickly at the Court Leet within which he lived; and was antiently taken afresh every year by all [Page 2] the Subjects under Edward the Confessor, and William the first, in substance at least, though not in precise words.
I A. B. do swear, that from this day forwards, I will be faithfull and loyal to our Lord the King, and his Heirs, and will bear See Gratian Caus. 22. [...]u. 5. De forma fidelitatis. Faith and Allegiance to him of life and of Member, and of terrene honour against all people which may live and die; And that I shall neither know nor hear of any thing which may tend to their hurt or dammage, which I shall not withstand to my power. So God me help.
2. The second is the antient usual Tottles Magna Charta, f. 166. Iuramentum Majorum & Ballivorum. Oath of the Maiors of LONDON, and other Cities and Townes throughout England, and of Bayliffs or other Chief Officers where there were no Maiors.
‘You shall swear, That you shall well and loyally serve the KING in the Office of Maior in the City of London, and the same City shall keep surely and safely to the use of our Lord the KING of England, and of his HEIRS Kings of England; and that the profit of the KING you shall advance in all things which belong to you to do; And shall loyally preserve the Rights of the King, and whatsoever belongeth to the Crown in the said City; and you shall not assent to the Distresse, nor to the concealment of the Rights, nor of the Franchises of the KING. And where you shall know the Rights of the KING of his CROWN, (be it in Lands, in Rents, or in Franchises, or in Sutes) to be concealed or substracted, you shall do your best endeavour to regain the same; And that if you cannot do it, you shall tell it to the King, or to those of his Counsel, of whom you are certain they will inform the KING thereof: And that lawfully and rightfully you shall treat the People of your Bailywick, and do right to every one, as well to Strangers as to Prives, as well to the Poor as to the Rich, in that which appertains to you to do: and that neither for Honour, nor for Riches, nor for Gift, nor for Promise, nor for favour, nor [Page 3] for hatred, you shall not do wrong to any one: that you shall disturb no mans Right, nor shall you take any thing by which the KING may suffer losse, or any Right shall be disturbed; And that in all things which appertain to the Maior of the said City so to do, you shall well and lawfully demean your self. So God you help, &c.’
The like Tottles Magna Charta, f. 165, 157. Claus. 35 E. 1. dors. 7. Kitchin, f. 46. 47. Oaths in substance were taken by all Privy Counsellors of State, Sheriffs of Counties, Recorders of Towns, Escheators, Constables, and other publick Officers of Justice, and by most Freemen of Corporations, in relation to the King and his Heirs, and the Rights of the Crown.
3. The third is the 18 E. 3. stat. 4. 20 E. 3. c. 1, 2. Claus. 20 [...] E. 1. pars 1. do s. 13. 3 R. 2. Rot. Parl. n. 38, 39, 40, 41. Rastall Iustices, 2 Rot. Parl. 25 E. 3. n. 10. Cooks 3 Instit. p. 145. Oath of all the Judges, Barons of the Exchequer, and Justices of the Peace, prescribed by several Acts, thus formed,
Ye shall swear, That well and lawfully ye shall serve our Soveraign Lord the King, and his People in the Office of Justice, and that lawfully ye shall counsell the King in his Business, and that ye shall not counsel nor assent to any thing which may turn him to dammage or disherison by any manner, way or colour; and that ye shall not know the dammage or disherison of him, whereof ye shall not do him to be warned by your self, or by other: and that ye shall do even Law and Execution of Right to all his Subjects Rich and Poor, without having regard to any Person. And that you take not by your self or by other, privilie or apertly, Gift or Reward of Gold or Silver, nor of any other thing which may turn to your profit, unlesse it be meat or drink, and of small value, of any man that shall have any Plea or Process hanging before you, as long as the same Process shall be so hanging, nor after the same cause. And that ye take no fee, as long as ye shall be Justice, nor Robes of any man great or small, but of the King himself. And that you give none advice or counsell to no man great or small in no case where the King is party. And in case that any, of what estate or condition they be, come before you in your Sessions, with force and arms, or otherwise against the Peace, or against the forme of the Statute thereof made, to disturbe [Page 4] execution of the Common-law or to menace the people, that they may not pursue the Law, that ye do their bodies to be arrested and put in prison. And in case they be such, that ye may not arrest them, that ye certifie the King of their names, and of their misprision hastily, so that thereof he may ordain a co [...]venable remedy. And that ye by your self, nor by other privily nor apertly, maintain any plea or quarrel hanging in the Kings Court, or elsewhere in the Country. And that ye deny to no man common right by the Kings Letters, nor none other mans, nor for none other cause: and in case any letters come to you contrary to the Law, that ye do nothing by such Letters, but certifie the King thereof, and go forth to do the Law, notwithstanding the same Letters. And that ye shall do and procure the profit of the King, and of the Crown, with all things where ye may reasonably do the same. And in case ye be from henceforth found in default in any of the points aforesaid, ye shall be at the Kings Will, of Body, Lands and Goods, thereof to be done as shall please him, as God you help and all Saints, Anno 18 E. 3. Stat. 4.
The next Oath is that of Supremacy, made and prescribed to be taken by all Judges, Justices, Sheriffs, Maiors, Recorders, Civil and Ecclesiastical Officers, Barresters, Benchers, Graduates, Ministers, Attornies whatsoever; and all Members of the Commons House, before they ought to fit or vote therein, by the Statutes of 1 Eliz. cap. 1. 5 Eliz. cap. 1. 17 Car. cap. 7.
I A. B. do utterly testifie and declare in my Conscience, That the Kings Highness is the only Supream Governor of this Realm, and of all other his Highness Dominions and Countries, as well in all Spiritual or Ecclesiastical things or causes, as Temporal: and that no forein Prince, Person, Prelate, State or Potentate hath, or ought to have any Jurisdiction, Power, Superiority, Preheminence or Authority, Ecclesiastical or Spiritual within this Realm; and therefore I do utterly renounce all forein Jurisdictions, Powers, Superiorities, and Authorities; and do promise that from henceforth I shall bear Faith and true Allegiance to the Kings Highness, his Heirs and lawfull Successors, and to my Power [Page 5] shall assist and defend, all Iurisdictions, Privileges, Preheminences and Authorities granted or belonging to the Kings Highness, his Heirs and Successors, or united and annexed to the Imperial Crown of this Realm. So help me God, and by the Contents of this Book.
5. The 5th. (Oath of equal Latitude and Extent, as the former of Supremacy) is that of Allegiance, prescribed by the Statutes of 3 Jacobi, cap. 4. 7 Jac. c. 6. 17 Car. c. 7 tending only to tbe Declaration of such Duty as every true and well-affected Subject, not only by Bond of Allegiance, but also by the Commandement of Almighty God ought to bear to his Majesty, his Heirs and Successors; which Oath such as are infected with Popish Superstition do oppugn with many false and unsound Arguments, the just defence whereof, his Majesty (King James) hath heretofore undertaken & worthily performed, to the great contentment, of all his loving Subjects notwithstanding the gainsayings of all contentious Adversaries. And to shew how greatly his Loyal Subjects did approve the said Oath, they prostrated themselves at his Majesties feet, beseeching his Majesty that it might be enacted, that the same Oath may be administred to all his Subjects. The words whereof are these. I A. B. do truly and sincerely acknowledge, professe, testifie, and declare in my Conscience before God and the world, That our Soveraign Lord King CHARLES is lawfull and rightfull King of this Realm, and of all other his Majesties Dominions and Countries: And that the Pope, neither of himself, nor by any of the Church or See of Rome, or by any other means with any other hath any power or authority to depose the King, or to dispose of any of his Majesties Kingdomes or Dominions, or to authorize any forein Prince to invade o [...] annoy him or his Countries; or to discharge any of his Majesties, Subjects of their Allegiance and Obedience to his Majesty, or to give licence or leave to any of them to bear Arms, raise tumult, or to offer any violence or hurt to his Majesties Royal Person, State or Government, or to any of his Majesties Subjects, within his Majesties Dominions. Also, I do swear from my heart, that notwithstanding any Declaration or sentence of Excommunication [Page 6] or deprivation made or granted by the Pope, or his Successors, or by any Authority derived, or pretended to be derived from him, or his See, against the said King his Heirs or Successors, or any absolution of the said Subjects from their obedience: I will bear Faith and true Allegiance to his Majesty, his Heirs and Successors, and him and them will defend to the uttermost of my power, against all Conspiracies and Attempts whatsoever, which shall be made against his or their Persons, their Crown and Dignity, by reason or colour of any such Sentence or Declaration, or otherwise, and will do my best endeavour to disclose and make known unto his Majesty, his Heirs and Successors, all Treasons and traiterous Conspiracies, which I shall know or hear of to be against him, or any of them. And I do further swear. That I do from my heart abhor, detest, and abjure, as impious and heretical, this damnable Doctrine and Position, That Princes which be excommunicated by the Pope, may be deposed or murthered by their Subjects, or any other whatsoever. And I do believe, and in Conscience am resolved, that neither the Pope, nor any person whatsoever, hath power to absolve me of this Oath, or any part thereof, which I acknowledge by good and full Authority to be lawfully administred unto me, and do renounce all Pardons and Dispensations to the contrary. And all these things I do plainly and sincerely acknowledge and swear, according to the expresse words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, or mental evasion, or secret reservation whatsoever. And I do make, this Recognition and Acknowledgement heartily, willingly, and truly, upon the true Faith of a Christian So help me God.
6. To these Oaths I shall subjoyn the See Exact Collection, p. 278, 296, 337, 340, 342, 361, 367, 491, 498, 522, 523, 666, 770, 828, 839. Protestation, made and taken (in pursuance of these Oaths) by all the Well-affected Members of the Lords, and Commons House the last long Parliament, and voluntarily taken by all the best affected people throughout the Realm, and by all, or most Officers and Souldiers of the Army; by their Authority.
[Page 7] We the Knights, Citizens, and Burgesses in the Commons House of Parliament, finding to the great grief of our hearts, that the designs of the Priests and Jesuites, and other Adherents to the See of Rome, have of late been And have they not been so more since and now, then ever before? more boldly and frequently put in practise than formerly to the undermining, and danger of the ruine of the true reformed Protestant Religion in his Majesties Dominions established: And finding also that there have been, and having just cause to suspect that there still are, even during this sitting in Parliament, As since and now, by doubled illegal Taxes, Excises, High Courts of Justice, Arbitrary Junctoes, and their new Knacks. endeavours to subvert the Fundamental Laws of England and Ireland, and to introduce the exercise of an Arbitrary and Tyranical Government, by most pernicious and wicked Counsels, Practises, Plots and Conspiracies: And that the long intermission, and unhappy breach of Parliaments, hath occasioned many illegal Taxations, whereupon the Subject hath been prosecuted and grieved: And that divers Innovations and Superstitions have been brought into the Church, multitudes driven out of his Majesties Dominions; jealousies raised and fomented betwixt the King and his people; a Popish Army levyed in Ireland, and two Armies brought into the bowels of this Kingdom, to the hazard of his Majesties Royal Person, the New quite sold and consumed. consumpsion of the Revenues of the Crown and Treasure of this Kingdom: And lastly, finding a great cause of Jealousie, that endeavours have been, and are used to bring the English Army into a Mis-understanding of this Parliament, thereby to Have they not since that in 1648. and now again effected it? incline that Army, with force to bring to passe those wicked Counsels, have therefore thought good to joyn our selves in a Declaration of our united Affections and Resolutions, and to make this ensuing Protestation.
I A. B do in the presence of Almighty God, promise, vow, and protest, to maintain and defend, as far as lawfully I may, with my life, power, and estate, the true reformed Protestant Religion, expressed in the Doctrine of the Church of England, against all Popery and Popish Innovations within this Realm, contrary to the same Doctrine, and according to the duty of my Allegiance, His Majesties Royal Person, Honour and Estate; as also the power and privilege of Parliament; The lawfull Rights and Liberties of the Subject, and every person that maketh this Protestation, in whatsoever he shall do in pursuance of the same. And to my power, and as far as lawfully I may, I will oppose, and by all good wayes and means endeavour to bring to condigne punishment, all such as shall either by force, practise, counsels, plots, conspiracies, or otherwise, do any thing to the contrary in this present Protestation contained. And further, that I shall in all just and honourable waies endeavour to preserve the Vnion and Peace [Page 8] between the three Kingdoms of England, Scotland, and Ireland; And neither for hope, fear, nor other respect, shall relinquish this Promise, Vow, & Protestation.
7. The next in time, is the Solemn League and Covenant, taken in the most solemn manner with hands lifted up to heaven, and subscribed by all Members of Parliament, in England and Scotland, by all Civil, Military Officers, Souldiers and well-affected persons in our three Kingdoms, by A Collection of Ordinances, p 327, 359, 390, 399, 404, 416, 420, to 428. 458, 459. 606. 690. 702. 751. 768, 769. 798. 802, 803. 806, 807, 808, 878, 879, 889. sundry special Ordinances of Parliament; approving and ratifying the same.
¶A Solemn League and Covenant for Reformation and defence of Religion, the Honour and Happiness of the King, and the Peace and Safety of the three Kingdoms of England, Scotland, and Ireland.
WE Noblemen, Barons, Knights, Gentlemen, Citizens, Burgesses, Ministers of the Gospel, and Commons of all sorts, in the Kingdoms of England, Scotland, and Ireland, by the Providence of God living under one King, and being of one Reformed Religion, having before our eyes the glory of God, and the advancement of the Kingdom of our Lord and Saviour Jesus Christ, the honour and happiness of the Kings Majesty, and his Posterity, and the true Publique Liberty, Safety, and Peace of the Kingdoms, wherein every ones private condition is included; and calling to minde the treacherous and bloudy plots, Conspiracies, Attempts, and practises of the Enemies of God, against the true religion and professors thereof in all places, especially in these three kingdoms ever since the reformation of Religion, and how much their rage, power, and presumption are of late, and at this time increased and exercised; whereof the deplorable estate of the Church and kingdom of Ireland, the distressed estate of the Church and Kingdom of England, and the dangerous estate of the Church and Kingdom of Scotland, are present and publike Testimonies: We have now at last, (after other means of Supplication, Remonstrance, Protestations and sufferings,) for the preservation of our selves and our religion from utter ruine and destruction, according to the commendable practice of these kingdoms in former times, and the Example of Gods people in other Nations; after mature deliberation, resolved and determined to enter into a mutual and Solemn League and Covenant, wherein we all subscribe, and each one of us for himself, with hands lifted up to the most high God, do swear.
[Page 9] I. THat we shall sincerely, really and constantly, through the Grace of God, endeavour in our several places and callings, the preservation of the Reformed Religion in the Church of Scotland, in Doctrine, Worship, Discipline and Government, according to the Word of God, and the Example of the best Reformed Churches; And shall endeavour to bring the Churches of God in the three Kingdoms, to the nearest conjunction and uniformity in Religion, Confession of Faith, Form of Church-Government, Directory for Worship and Catechising; That we and our posterity after us, may as Brethren, live in Faith and Love, and the Lord may delight to dwell in the midst of us.
II. That we shall in like manner, without respect of persons, indeavour the extirpation of Popery, Prelacy, (that is, Church-Government by Arch-Bishops, Bishops, their Chancellors and Commissaries, Deans, Deans and Chapters, Archdeacons, and all other Ecclesiastical Officers depending on that Hierarchy) Superstition, Heresie, Schisme, Profaneness, and whatsoeuer shall be found to be contrary to sound Doctrine, and the power of Godliness; lest we partake in other mens sins, and thereby be in danger to receive of their plagues, and that the Lord may be one, and his Name one, in the three Kingdoms.
III. We shall with the same sincerity, Quaere, whether this be not violated in every branch in the highest degree? reality, and constancy, in our several Vocations, endeavour with our estates and lives, mutually to preserve the Rights and Privileges of the Parliaments, and the Liberties of the Kingdoms, and to preserve and defend the Kings Majesties person and authority, in the preservation and defence of the true Religion, and Liberties of the Kingdoms; that the world may bear witness with our consciences of our Loyalty, and that we have no thoughts or intentions to diminish his Majesties just power and greatness.
IV. We shall also with all faithfullness endeavour the discoverie of all such as have been, or shall be Incendiaries, Malignants, or evil, Instruments, by hindering the reformation of Religion, dividing the King from his people, or one of the Kingdoms from another, making any Faction or parties amongst the people, contrary to this League [Page 10] and Covenant, that they may be brought to publike trial, and receive condigne punishment, as the degree of their offences shall require or deserve, or the Supreme Judicatories of both Kingdoms respectively, or other, having power from them for that effect, shall judge convenient.
V. And whereas the happiness of a blessed Peace between these Kingdoms, denied in former times to our Progenitors, is by the good providence of God granted unto us, and hath been lately concluded, and setled by both Parliaments, we shall each one of us, according to our place and interest, indeavour that they may remain conjoyned in a firm peace and union to all posteritie; And that Justice may be done upon the willfull opposers thereof, in manner expressed in the precedent Articles.
VI. We shall also according to our places and callings in this common cause of Religion, Liberty and peace of the Kingdoms, assist and defend all those that enter into this League and Covenant, in the maintaining and pursuing thereof, and shall not suffer our selves directly or indirectly by whatsoever combination, perswasion, or terror, to be divided, and withdrawn from this blessed union and conjunction, whether to make defection to the contrary part, or to give our selves to a detestable indifferency or neutrality in this cause, which so much concexneth the glory of God, the good of the Kingdoms, and the honour of the King; but shall all the dayes of our lives, zealously and constantly continue therein, against all opposition, and promote the same according to our power, against all Lets and Impediments whatsoever: and what we are not able our selves to suppress or overcome, we shall reveal and make known, that it may be timely prevented or removed; All which we shall doe as in the sight of God.
And because these Kingdoms are guilty of many sins and provocations against God, and his Son Jesus Christ, as is too manifest by our present distresses and dangers, the fruits thereof; we professe and declare before God and the World, our unfeined desire to be humbled for our own sins, and for the sins of these Kingdoms, especially, that we have not as we ought, valued the inestimable benefit of the Gospel, that we have not laboured for the purity and power thereof, [Page 11] that we have not endeavoured to receive Christ in our hearts, nor to walk worthy of him in our lives, which are the causes of other sins and Transgressions, so much abounding amongst us; And our true and unfeigned purpose, desire, and indeauour for our selves, and all others under our power and charge, both in publique and private, in all duties we owe to God and man, to amend our lives, and each one to go before another in the example of a real Reformation, that the Lord may turn away his wrath and indignation, and establish these Churches and Kingdomes in truth and peace And this Covenant we make in the presence of Almighty God the Searcher of all hearts, with a true intention to perform the same, as we shall answer at that great day, when the secrets of all hearts shall be disclosed. Most humbly beseeching the Lord to strengthen us by his Holy Spirit for this end, and to bless our desires and proceedings with such success, as may be deliverance and safety to his people, and encouragement to other Christian Churches groaning under, or in danger of the yoke of Antichristian tyranny, to joyn in the same, or like Association and Covenant, to the glory of God, the enlargement of the Kingdom of Jesus Christ, and the peace and Tranquility of Christian Kingdoms and Commonwealths. Subscribed by William Lenthal Speaker, Sir Henry Vane junior, and most now sitting.
Yet notwithstanding all these most solemn, sacred, legal Oaths, this Protestation, Solemn League and Covenant, sweetly according with and ratifying each other, the remaining Fragment of the Commons House, sitting under the power of the Army, not only violated them all in the Highest degree, by their proceedings against the late King, his Heirs and Successors to the Imperial Crown, the Royal posterity, Kingship, Kingdom, Lords House, and their secluded fellow Members, but also took upon them to suppress and set aside these Oathes, yea to brand and stigmatize them, for Vnlawfull Oathes; to absolve themselves, with all others from them; and to set up an Ingagement of their own framing, in diametrical Opposition against all and every of them, imposed on all the three Nations with strictest severity, by their New Knack of 6. September 1649. disabling all Freemen of this Nation to sue in any Court of Justice whatsoever, or to enjoy any Civil, Ecclesiastical or Military Office, benefice, [Page 12] augmentation, trust, or degree of Learning in the Vniversities or Innes of Court, and debarring all Lawyers, Attornies from their practice, by a new kinde of Praemunire, who should not take and subscribe this Engagement: which the whole House of Commons (having not the least legal Power to Exact Collelection, p. 769. Exact Abridgement of the Records in the Tower, p. 157. 176. 454. See Oath in the Table. administer any usual Oath to Witnesses, or any person whatsoever in any case or Age,) had neither Authority nor Power to impose upon the Nation, were it consonant to the precedent Oaths, Protestation, Covenant much less then the Vnparliamentary Conventicle, sitting after the Kings beheading, the Lords and Majority of the Commons forcible seclusion, and the See my True and perfect Narrative, p. 22 to 40. 92. Parliaments actual dissolution thereby; when diametrically repugnant to all these legal Oaths, and to the Petition of Right it self, 3 Caroli, complaining, providing against the future administring of any Oath not warrantable by the Laws and Statutes of this Realm, in precise Terms; and whether this Engagement, be not such, let all Lawyers, Divines, and consciencious Englishmen resolve.
I do declare and promise, That I will be true and faithfull to the Common-wealth of England, as it is now established, without a King or House of Lords▪
All the Officers, Souldiers of the Army, and Garrisons through England and Ireland, were the first men who subscribed it, and returned their Subscriptions in Parchment-Rolls to their Journey-men and Creatures at Westminster; who thereupon thought themselves and their Government, (though founded upon Bloud, Treachery, Perjury,) as lasting and perpetual, as if it had been founded on a Rock, and the sincerest Principles of Piety, Justice, Righteousness, and general publick National consent. But those very first Engagers to them, when they had done their Drudgery, and oppressed the Nation with doubled and trebled Taxes to support their bloody wars by Land and Sea against their Protestant King, and Brethren of Scotland & the Netherlands, on the 20th. of April 1653. The true state of the case of the Common-wealth, p. 9, 11. sodenly turned them out of Doors, and power, with force and highest contempt, as persons wholy perverting the ends of Parliament, oppressing the people, making Gain the main of their Business, and utterly impossible in that corrupt estate, in the judgements of the most moderate men to [Page 13] come the instruments of our long desired Establishment. And then setting up a Protector over their Infant Common-wealth much against their wills, the Mock-Parliament under him (whiles above 150 Members duly elected, most confided in by the Country were forcibly secluded) by their Additional Petition and Addresse, the 26th. of June 1647. imposed this new Oath on all Counsellors of State, and Members of Parliament.
I A. B. do in the presence of God Almighty promise and swear, That to the uttermost of my Power I will uphold and maintain the true reformed Protestant Religion, in the purity thereof, as it is contained in the Holy Scriptures of the Old and New Testament, and encourage the Profession and Professors of the same. And that I will be true and faithfull to his Highnesse the Lord Protector of the Commonwealth of England, Scotland, and Ireland, and the Dominions thereunto belonging as chief Magistrate thereof. And shall not contrive, design or attempt any thing against the Person or lawfull Authority of the Lord Protector; shall keep secret all matters that shall be treated of in Counsel, and put under secrecy, and not reveal them but by Command, or consent of his Highnesse, the Parliament, or the Counsel; and shall in all things faithfully perform the trust committed to me, as a Counsellour, according to the best of my understanding, in order to the good Government, peace and wellfare of these Natiions. And shall endeavour as much as in me lyes, as a Member of Parliament, the preservation of the Rights and Liberties of the People.
These Oaths were sworn (by many of those, who had taken the premised Oaths, Protestation, Solemn League and Covenant, and the Engagement too,) both to their Protector Oliver and his Son Richard, with whom the Army-Officers, Souldiers, and sundry others in the name of most Counties and Corporations of England, Scotland, and Ireland, in their special Addresses to Richard, faithfully promised to live and die: yet lo within few Months after, notwithstanding these Oaths and Addresses, by a miraculous Divine providence (admirable in all considerate mens eyes) they not only all deserted, but degraded him from his Protectorship, without one stroke, or drop of blood spilt, or Sword [Page 14] drawn in his quarrel; after so much Christian bloud shed, so many Millions of Treasure spent, and many years travel, care, by his Father Oliver, to establish his Posterity in this new-erected Supremacy, Protectorship; and that by his own Army-Officers, and nearest, most endeared Relations, even in a moment, beyond all probability or possibility in humane apprehension.
To accomplish this strange unexpected work, the Army-Officers called in the old Vnparliamentary Iuncto sitting since the year 1648. till April 20. 1653. whom they formerly dissolved and unparliamented, secluding all the rest of the old Parliament sitting till December. 6. 1648. by force and armed guards, with the whole House of Lords, re-creating them alone for a Parliament: who usurping to themselves the name and power of a Parliament. against both Law. Equity, Reason; dismounted his Son Richard from his Protectorship, unlorded, degraded his New other House of Mushrom Lords, and new dubbed Knights, cashiered some of the Army-Colonells, and other Officers, who helped to make them a Parliament, & him a Protector; and may gratifie the rest in this kinde; Commissioned some, whom Oliver cashiered; turned most of his Council, Commissioners, Judges, Creatures out of their Offices; and pulled down most of that he set up with force and blood. Who now thinking themselves secure, and forgetting all their former, with these late sodain Revolutions, Changes, as the just rewards of perfidious breaches of Oaths; Protestations, Covenants to their lawfull Soveraigns, they hav now afresh to make us a Freestate, not only doubled our former Taxes in effect, and more than trebled them by a most arbitrary new Militia on many, but also by a New Bill, appointed an Oath to be taken by their Iudges, Iustices of the Peace, and other Officers, in form following.
You shall swear, That you shall be true, faithfull and constant to this Commonwealth, without a single Person, Kingship, or House of Lords.
Which Juramenta illicita, jurari. et jurata servari non debent. Gratian Causa 22. qu. 4. throughout. illegal Oath, so diametrically contrary to the former, it swallowed by their unarmed Judges, Justices, and other civil Officers out of fear, will in time be imposed on the Army Officers, Soldiers, and all others, as their former Ingagement was, with as severe penalties.
Having presented you with these contradictory, repugnant, irreconcileable Oathes, Protestations, Covenants and Engagements, I shall propose some few cases of conscience upon them, in this age, when Conscience is so much pretended, and Liberty of Conscience so much pressed, that tendernes of Conscience, and Conscience it self, are hardly to be found in the greatest pretenders to them.
1. Whether all lawfull sacred Oaths, Vowes, Covenants, Protestations. doe not St. Aug. de Verbis Apostoli. Serm. 30. Gratian. Caus. 22. qu. 1, 2, 5. Grotius de Jure Belli & Pacis, l. 2. c. 13. Jusjurandum habetur apud omnes ultimum atque firmissimum & fidei mutuae & veracitatis pignus. Procopius Persi [...] corum. l. 2. Ultima fides inter homines tum G [...]a [...]cos, tum Barbaro, quam nulla delebit aetas, est ea quam per jurata pacta sponseres adh [...]bet Deos. Dionys. Hallicarnast. Antiqu. Rom. Nullum Vinculum ad adstringendam fidem, majores nest [...]i Juramento arctius esse voluerunt. Cice [...] Offic. l. 1. firmly, immutably, inviolably bind the souls, consciences, of all that take them, to an Absolute, indispensible, sincere, faithful performance, and strict observation of them, to the uttermost of their power in all estates and conditions, as is evident by Numb. 30. 2. to 14. Josh 9. 19, 20. Gal. 3. 15. Deut. 23. 22, 23. Judg. 11. 30. 39. Job 22. 27 Ps. 15. 4. Ps. 22. 25 Ps. 61. 8. Ps. 66. 13. Ps. 116 14, 18. Ps. 132. 2, 3, &c. Eccles. 5. 4. Jer. 44. 25. Jonah 2 9. Isay 19. 21. Nah. 1. 15. Gen. 21. 23, 24, 31. c. 24. 3. to 10. 37. to 47. c 26. 3 31. c. 47. 31. c. 50. 5, 6. Levit. 19. 12. Josh. 2. 12. 17. 20. Judg. 15. 12, 13. Deut. 8. 12. Josh. 21. 43, 44. 1 Kings 1. 13. 17. 29, 30. 2 Chron. 36. 13. Ezra 10. 5. Neh. 13. 25. Jer. 4. 2. c 11. 5. Mat. 5. 33. 1 Kings 15. 3, 4, 5. 2 Chron. 21. 5, 6, 7. compared with Hebr 6. 16, 17, 18. An Oath for confirmation is to men an end of all strife: wherfore God willing more abundantly to shew unto the heirs of promise the immutability of his Counsel, confirmed it with an Oath, that by two Immutable things (his Oath and Covenant) in which it is impossible for God to lie, we might have strong consolation. Ps. 89. 3. 34. I have made a Covenant with my chosen, I have sworn unto David my Servant. My Covenant will I not break, nor alter the thing that is gone out of my lipps. Once have I sworn by my holiness that I will not lie unto David, Ps. 132. 11. The Lord hath sworn in truth unto David, he will not turn from it. Jer. 33. 20. 21. Thus saith the Lord, If you can break my Covenant of the day, and my Covenant of the night, and that there should not be day and night in their season. Then may also my Covenant be broken with David my Servant, that he should not have a Son to reign upon his throne. If Gods Oaths and Covenants to mortal sinful men be thus true, constants, sincere, firme, unalterable, immutable; then by like [Page 16] reason should mens Oaths and Covenants to God and their lawfull Kings be such, as Psal. 15. 4. Eccles. 8. 2. Gal. 3. 15. Levit. 30. 2. to 14. and the other forecited Texts resolve.
2ly. Whether the late violation through fear, or self-respects, much more the wilfull justification, perjurious repeal, abrogation, abjuration of our sacred lawful Oaths, protestation, Covenant, be not a S. Augustin, Gratian, & Grotius: ibidem. Caelius Rhodiginus Lectionum Antiq. l. 21. c, 15, most detestable, crying, scandalous, damning sin, exceedingly dishonorable to God, injurious to Religion; & drawing down sad, private, personal and National judgements, on those who are notoriously guilty thereof, as is most apparent by Ezech. 16. 59. c. 17. 13. to 27. Zech. 8. 17. c. 5. 3, 4. Hos. 10. 4. Lev. 6. 3, 4. c. 19. 12. Prov. 24. 21, 22. Jer. 5. 2. c. 7. 9. to 17. c. 34. 8. to 22. c. 52. 3, 4. Deut. 31. 20. c. 29. 20. to 29. Ps. 78. 10. 37. 57. to 65. 2 Chron. 36. 13. Josh. 9. 20. 2 Sam. 21. 1. to 11. Jer. 23. 10. Rom. 1. 31, 32. 1 Tim. 1. 10. worthy sad and serious perusal. And whether those who are deeply guilty of these sins, can ever expect to enter into heaven, since this is made the special character of a Citizen of Zion, Who shall dwell in Gods holy hill, Psal. 15. 1, 2, 4. He that walketh uprightly and worketh righteousness, and speaketh the truth from his heart, He that sweareth to his own Hurt and changeth not, much more then when for his own and the publick good.
3ly. Whether those who have made, taken, and equally violated all or most of these contradictory Oathes, Protestations, Covenants, Ingagements alike, be not perjured persons, and Covenant-breakers in folio, void of all real fear of God, truth, faith, conscience, honesty, religion, if the premised Scriptures, or Eccles. 9. 2 Acts 5. 3, 4, 5. may be credited? And whether those who have been thus perfidious, perjurious, fidef [...]agus, treacherous to all others, can in point of justice, conscience, prudence, policy, impose an Oath upon all or any others, to be true, faithfull and constant, in their Oaths Covenants, trusts and obedience unto them? (especially before themselves have taken any such Oath, to be true, faithfull, constant to their own principles, or any fixed setled Government:) since they have taught them to be treacherous, perfidious, disloyal, by their own precedent examples; and God himself hath denounced this Wo, and retaliation against such, Isay 33. 1. Wo unto thee that dealest treacherously, and they dealt not treacherously [Page 17] with thee; when thou shalt make an end to deal treacherously, they shall deal treacherously with thee. Which we have seen verified of late in sundry particulars even to admiration, by divine retaliation, to deterr all henceforth from the dangerous sin of Perjury, Treachery, Oath and Covenant breaking.
4ly. Whether it be not a most impious, unchristian, execrable, if not Atheistical practice, for any persons whatsoever (especially without any colour of Parliamentary Authority) to impose any Oath, Vow, or illegal Ingagement upon others, diametrically repugnant to, inconsistent with their former legal Oaths, Protestations, Covenants, imposed on them by unquestionable Parliamentary Authority, to their lawfull Soveraigns, to ensnare, wound their Consciences, and involve them in the guilt of unevitable, most apparent Qui perjurare compellit et qui compellitur utrique sunt perjuri & homicidae: Dominus quia praecepit, Miles quia plus Dominum quam Deum & animam suam dilexit. Gratian Causa, 12. qu. 5. Augustin, Serm. 30. de verbis Apostoli. Perjury, and breach of all their former Oaths, Protestations, Covenants? And whether such incur not that wo in Isay 10, 1, 2, 3. ‘Wo unto them that decree unrighteous decrees, and that write grievousnesse, which they have prescribed, to turn aside the needy from Judgement, to take away the right from the poor, (exiled Royal Issue) and that they may rob the Fatherless; And what will ye do in the day of Visitation, and in the desolation which shall come from far? to whom will ye flee for help, and where will ye leave your glory? If Ahabs and Jesabels suborning of false Witnesses against Naboath to gain his Vineyard, who attested, that Naboath did blaspheme God and the King, brought such a heavy doom upon their persons and royal Posterity, to their utter extirpation.’ 1 Kings 1. 21, & 22. how much sorer judgements shall they incur, who shall endeavour to make our whole 3. Kingdoms perjured in the highest degree, by ingaging them to renounce, blaspheme both God and the King, & abjure their former Oaths, Covenants, Protestations, of purpose to disinherit the royal Posterity of their Crowns and Royalties, which they have so precisely sworn, protested, covenanted over and over, inviolably to defend and preserve?
5ly. Whether it can be just, equitable, prudential, rational, for any in present power, to Commission, intrust, imploy Anabaptists, Quakers, with other Military Officers, Souldiers [Page 18] by Land and Sea, without prescribing any Military Oath unto them, (after so many meetings, and violations of their trusts to the late King, Parliament, and other new Governours, Governments of their own erecting, to their total subversion) to be true, faithfull, obedient, and constant to them; contrary to the Discipline of all former Ages amongst the Romanes, Graecians, and most other Nations, who alwaies See vegetius de Re Militari, 1. 2. Alexander ab Alexandero. Genial Dierum, l. 1. c. 21. l 6 c. 23. Calvini Lexicon Juridicum: Tit. Juramentum Militare, Fr. Connanus, l. 5. c. 3. Grotius de Jure Belli, l. 1. c. 2. imposed a Military Oath on all their Army-Officers, Souldiers, (warranted by 2 Tim. 2, 3, 4) And in the mean time, to inforce such a Oath upon all their Judges, Justices, and Civil Officers, against their Judgements, Consciences, who are Orthodox in Religion, approve of lawfull Oaths, (imposed by legal Authority of Parliament) Magistracy, and Ministry, which Anabaptists, Quakers, and other Sectaries professedly oppugn, and now violently endeavour to suppresse? And whether those now sitting, or any others who have taken the forecited Oaths to the late King and his Heirs, or the Protestation, League, and Covenant, can without apparent perjury, and direct violations of them, repute those few Reliques of the old Parliament, now sitting (forcibly secluding the Lords and Majority of their Fellow Members) to be a lawfull Parliament within the Statute of 17 Car. c. 7? or submit to any Oaths, Taxes, Edicts of theirs as Parliamentarie or legal?
6. Whether the forecited Oaths of Supremacy, Allegigiance, Maiors, Sherisss, Judges, Recorders, Bayliffs, Parliament-Members, and others, in direct words, extending not only to the late Kings person, but his Heirs and Successors, do not inviolably bind both them, their Posterities and our whole three Nations, Kingdoms in perpetuity, in point of Law and Conscience, so long as there is any Heir of the Crown and Royal line in being? and that upon these unanswerable Scriptural presidents and legal considerations.
7. Because Gods Oath and Covenant made to Eve, Abraham, Noah, their Seed and Posterity, and to the Israelites and their children, and their Covenant made to God, by Gods own resolution, did oblige God himself and them in perpetuity from Generation to Generation, Gen. 3. 15. c. 8. 21, 22. c. 9. 1, to 17. c. 13. 16. c. 15. 18. c. 17. 2, to 22. c. 21. 13. c. 24. 7. c. 28. 4, 13, 14. Exod. 28. 43. c. 34. 7. Levit. 22. 3, 4. Numb. 14. 24. c. 18. [Page 19] 19. c. 25. 12, 13. Deut. 1. 8. c. 4. 31. 37. c. 5. 2, 3. c. 7. 9, 10, 11. c. 8. 18. c. 11. 9. c. 28. 46. c. 29. 1. 4, to 20. c. 30. 6, 9. c. 31. 21. c. 34. 4. Josh. 7. 11, 15. c. 24. 3, to 29. 2 Chron. 20. 7, 8. Neh. 1. 5. c. 9. 8, 32. Ps. 25. 13. Isay 34. 5. c. 44. 3. c. 59. 21. c. 61. 8, 9. c. 62. 22. Mal. 2. 4, to 15. c. 4. 6. Acts 2. 39. c. 3. 25. c. 7. 5, 45. c. 13. 23. Rom. 4. 13, 16. c. 9. 7, 8. c. 11. 1, 2, 27. Gal. 3. 16. to the end. Heb. 8. 6, to 11. c. 11. 18. c. 13. 20. Lu. 1. 72, 73. Rev. 12. 17. Levit. 26. 9, 15, 25, 42, 44. 2 Kings 17. 15, to 41. Psal. 44. 17, 18. Ps. 78. 10. 38. Ps. 89. 3. 4, 5, 34, 35. Ps. 103. 17. 18. Ps. 105. 8, 10. Ps. 111. 5, 9. Isay 24. 5. c, 42. 6. c. 49. 8. c. 54. 3. Jer. 11. 2 to 12. c. 22. 9. c. 31. 31. 32, 33. c. 29. 10. to 20. c. 33. 20. 21. c. 50. 5. Ezech. 16. 60. 62. c. 37. 28, 29. c. 44. 4. Hos. 8. 1. Heb. 6. 16. 17. Therefore mens Oaths, Covenants to Kings and their Posterity, must likewise bind in succession and perpetuity.
2ly. Because Gods Oath and Covenant made to David, and to his House, Royal Seed and Posterity, touching their succession in the Royal Throne of Iudah, was hereditary, successive, extending to all his Issue and Posterity: and though many of them were wicked, rebellious, yet this did not cause or provoke God to dethrone, or disinherit them, or infringe his Oath and Covenant to David, 2 Sam. 3. 12. to the end. c. 22. 51. 1 Kings 2. 33. Psal. 89. 2, 3, 33, to 38. Ps. 132. 11, 12, 13. Ps. 18. 50. Jer. 33. 17, 19, 20, 21. 1 Chron. 28. 4, to 10. Jer. 17. 24, 24, 25, 26. 1 Kings 11. 12. 13, 36, 39. 2 Kings 8. 9. 2 Chron. 21. 5, 6, 7. 2 Chron. 23. 3, &c. Jer. 23. 4 5. Zezh. 9. 9. John 13. 13, 15. Lu. 1. 32, 33. Therefore much more where Oaths, Covenants are made by Subjects to their Hereditary Kings and their Posterity, they must remain inviolable, and not be abrogated by their transgressions.
3ly. Because the Oath, which Joseph took of his Brethren, the children of Israel, to carry up his Bones, out of Aegypt into Canaan, when God should bring them out of Aegypt, Gen. 50. 24, 25. though not made precisely for them and their Posterity, was reputed by Moses and them, to be obligatorie to their seed, as if made by them, even in point of Conscience: as is evident by Exod. 13. 19. And Moses took the Bones of Ioseph with him, (though driven out of Egypt by Pharoah) for he had straitly sworn to the Children of Israel, saying, God will surely visit you, and you [Page 20] shall carry up my bones hence with you. Which bones of his they (by vertue of this Oath) notwithstanding Pharoahs pursuit after them, carryed along with them through the red Sea, and through the wildernesse forty years, and through the Land of Canaan, till they had quite conquered it, notwithstanding all their wars, Iosh. 24. 32. near 500 years after this Oath first made. If then Moses, Ioshua, and all the Israelites held themselves thus conscienciously obliged by the Oath of their deceased Ancestors above four hundred years before, to carry up Iosephs dead bones out of Aegypt, notwithstanding all Objections of hast and danger from Pharoah and his Host, their forty years wandring in the wildernesse, their wars in Canaan; and meanesse of the matter in relation to their publick safety, no wayes concerned in it. Then much more must our Ancestors, and our own particular reiterated Oaths in precise terms to our Kings, their Heirs and Successors, which so much concern our publick Government, Peace, Settlement, Safety, Prosperity, engage our whole Kingdom and three Nations to a consciencious observation of them to the uttermost of their power.
4ly. Because Davids Oath to Saul and Jonathan extended to their seed, 1 Sam. 24. 21, 22. ‘Swear now therefore unto me by the Lord, that thou wilt not cut off my seed after me, and that thou wilt not destroy my name out of my Fathers House: And David swore unto Saul: 1 Sam. 20. 14, to 18, 42. And Jonathan said to David, thou shalt not only while I yet live shew me the kindnesse of the Lord, that I die not, but also, thou shalt not cut off thy kindnesse from my House for ever, no not when the Lord hath cut off the Enemies of David, every one from the face of the Earth. So Jonathan made a Covenant WITH THE HOUSE OF DAVID; And Jonathan caused David to swear again, because he loved him. And Ionathan said to David, go in peace, for as much as We have sworn both of us in the name of the Lord, saying, the Lord be beeween thee and me, and between thy Seed and my Seed for ever.’ How conscienciously David observed these Oaths after the deaths of Saul and Ionathan, is apparent, not only by his love, favor, and affection to Mephibosheth for Jonathans sake, whom he restored [Page 22] to all that was Saule, & made him eat continually at his Table. 2 Sam. 9. 1. &c. and by his slaying of Baanah and Rechab for murdering Ishbosheth, Sauls son, his Competitor, when they brought his head unto him, expecting a great reward, 2 Sam. 4. But more especially by his sparing Mephibosheth, the Son of Jonathan, the son of Saul, because of the Lords Oath that was between them, between David and Jonathan, (extending to their seed and posteritie) when the Gibeonites demanded 7. of the sons of Saul to be delivered up to them, 2 Sam. 21. 5, 6, 7.
5. Because Esther 9. 27, 28, 31. The See Levit. 23. 41. Iews ordained and took upon them and upon their séed, and upon all such as joyned themselves unto them, so as it should not fail, that they would keep these two dayes of Purim, according to their writing, and according to their appointed time every year (as those in the Parliament of 3 Jac. c. 1. and their Posteritie have observed the 5 of November annually ever since.) and that those dayes should be remembred and kept throughout every Generation, every Family, every Province, and every City: and that those dayes of Purim should not fail from among the Iews, nor the memorial of them perish from their séed: which they decreed for themselves and for their seed. If the whole Nation of the Jewes by an Ordinance and Decree, might thus binde their seed, posterity, to observe the daies of Purim for ever: With like reason they might by an Oath & Covenant oblige themselves and their posterities for ever to their hereditarie Kings, their heirs and posterities for ever: And so may we and all other Nations, by the like Acts, Decrees, and the forecited Oathes, as is clearly resolved, declared, enacted by the Statutes of 25 H. 8. c. 22. 26 H. 8. c. [...]. 28 H. 8. c. 3. 35 H. 8. c. 1. 1 Eliz. c. 1. 3. 5 Eliz. c. 1. 1 Jac. c. 1. 3 Jac. c 4. 7 Jac. c. 6.
6ly. Because the president of the Rechabites, (who upon the command of their Father Ionadab the son of Rechab, That neither they nor their Sons for ever should drinke Wine, nor build house, nor sow seed, nor plant, nor have any vineyard, but dwell in tents all their dayes; held themselves bound in duty, conscience to obey it, which God himself commends, records. rewards, for others imitation, Jer. 35. 1. to 15. who might in like sort oblige them by his Oath and Covenant;) Is a convincing [Page 22] gument that as the Littleson, Firzh. Brook, Ash, Tit. Warranty, Covenant, Obligation, Condition, Tenure. Warranties, Covenants, Bends, Contracts, Feofments, Grants, Reservations of Rents, Services, Tenures in see, by the Laws of England, and other Nations, firmly oblige mens Heirs, Posterity, Assignees, Executors, Administrators, on both sides in succession and perpetuity; So likewise their Oaths, Covenants, Protestations, to their here litarie Kings, their Heirs and Successors, oblige them equally to them in Perpetuity and succession.
7ly. Because it is most evident by Gen. 3. 14, 15. c. 4 5. Exodus 17. 16. c. 20. 5. c. 43. 7. 1 Kings 2. 33. 2 Kings 5. 27. Jer. 22 30. c. 36. 31. That Parents by their iniquities and transgressions may draw down and entayl the curses, the judgements of God on them, and their Posterityes after them to their prejudice: Therefore they may much more oblige them by their Oaths, Covenants, to Obedience, Loyalty, Subjection to their hereditary Kings and their Heirs, for their own particular, and the prov. 24. 20. 21. Rom. 13. 3. 4, 5, 6. 1 Tim 2. 2, 3. 1 Pet. 2. 13. 14. Publick good, safety, as well as Freehold and Copyhold Tenents in Honors, Manors, may oblige themselves, their Heirs and Successors for ever, by Homage, Fealty, Tenures, Contracts to their Landlords, their Heirs and Assignees for ever, by the Common, Statute-laws, of our own and other Realms, though they be no Soveraign Lords and Kings over them.
8ly. Because the Saints and Churches of God in all Ages have held themselves and their posterity bound in Duty and Conscience to pray to God for the life, safety, prosperity of their Kings, and their Sons and Royal Posterity, in all hereditary Kingdoms, as is apparent by Ezra. 6. 10, 11. Psal. 72▪ 1, 2, 15. 1 Sam. 11. 14. 2 Sam. 16. 16. 1 Kings 1. 25. 34, 39. 2 Kings 11. 12. 2 Chron. 23. 11. Psal. 149. 2. Ezech. 9. 9. Dan. 2. 4. c. 3. 9. c. 6. 6. 21. Mat. 21. 5. 9. John 12. 13, 15. 1 Tim. 2. 1, 2, 3. by all the antient, modern Liturgyes, Collects, Letanyes, Canons of the Churches of England, Scotland, Ireland, France, Spain, and other hereditary Kingdoms; The Testimony of sundry Fathers, Councils, Historians, and our own Clause Rolls in the Tower, my True & perfect Narrative, p. 95. elsewhere quoted. Therefore they may lawfullie oblige themselves and their Posterity, by Solemn Oaths, Covenants, Protestations to obey, protect and defend their, and their posterities Royal Persons, Crowns and Royalties.
[Page 23] 9ly. To put this out of further question, I shall only prest one Scripture president and testimonie more, wherewith I shall conclude this point, and that is the Historie of the Gibeonites, recorded Josh. 9. & 10. and 2 Sam. 21. 1. to 13. The Gibeonites (a remnant of the Amorites, with whom the Israelites by Gods express command were to make no peace nor covenant, nor shew any mercy to, but smite with the edge of the sword and utterly destroy, Deut. 7. 1, 2, 3. c. 20. 16, 17, 18.) circumventing Joshua and the elders of Israel by a stratagem, of old bottles, shooes, bread, clothes, and a lying information, that they came from a farr country to make peace and a league with them. by reason of the glorious victories God had given, and the miracles he had wrought for them; thereupon, without asking any advice of God or the Congregation, or examining the truth of their information, Joshua and the Elders of the Congregation entred into a league with them, to let them live, and sware unto them in the name of the Lord. Within three dayes after they heard they were their neighbours and dwelt amongst them, and they came unto their Cities the third day. Jesus pacem quam dederat revocandam non censuit, quia firmata erat Sacramenti Religione, ne dum alienam perfidiam arguit, suam fidem solveret. Ambrosius de Officiis, l. 3. c. 10. But the children of Israel smote them not, Because the Princes of the Congregation had sworn unto them by the Lord God of Israel. Hereupon all the Congregation murmured against the Princes. But all the Princes said unto the Congregation: We have sworn unto them by the Lord God of Israel, therefore we may not touch them. This we will do unto them, we will let them live lest wrath be upon us, because of the Oath that we sware unto them And the Princes said unto them, let them live as the Princes had promised them, but let them be he wers of wood and drawers of water to all the congregation. And Joshua called for them, and spake unto them saying; Wherefore have ye beguiled us, saying, We are very far from you, when you dwell among us? Now therefore ye are cursed, and there shall none of you be freed from being bondmen, and bewers of wood and drawers of water for the house of my God. And they answered Joshua and said; because it was certainly told thy servants, how the Lord thy God commanded his servant Moses to give you all the Land, and to destroy all the Inhabitants of the Land before you; therefore we were fore afraid of our lives because of you, and have done this thing. And now behold we are in thine hand, as it seemeth good and right unto thee to do unto us, do. And so [Page 24] did he unto them, and delivered them out of the hand of the children of Israel, that they slew them not. And Joshua made them that day hewers of wood, and drawers of water for the congregation, and for the Altar of the Lord even to this day, in the place which he should chuse. After this Oath and League the Princes and Congregation were so farr from slaying or suffering them to be slain by their enemies contrarie hereunto, that when as 5. Kings soon after came up with all [...]h [...]ir hosts and encamped against Gibeah, to destroy is because they had made peace with Israel; the Giheonite sending this message to Joshus & the camp at Gilgal; slack not thy hand from thy servants, to come up to us quickly & save us, for all the Kings of the Amorites that dwell in the Mountains are gathered against us; thereupon Ioshua and all the men of Warr with him went up from Gilgal all night, and came upon their Enemies sodenly, and smote, & destroyed them with a great slaughter, delivering them from that danger. About 395 years after this Solem Oath & League, King Saul out of his zeal to the children of Israel and Iudah, sought to destroy all, and slew some of those Gibeonites posterity, contrary to this Oath and League, For which (35 Archbishop vshers Annal. Vet. Testamenti, Anno 2553. 2983. 2986. years after its violation, and 430 years after its first making) God sent a famine in the Land for three years, year after year: upon this David inquiring of the Lord, what was the true cause thereof? The Lord answered him, It was for Saul, and for his bloudy house, because they slew the Gibeonites, who were not of the Israelites, but of the remnant of the Amorites, and the children of Israel had sworn unto them. whereupon David called the Gibeonites, and said unto them: What shall I doe for you, and Wherewith shall I make the Attonement, that ye may blesse the Inheritance of the Lord? And they said unto the King, The man that consumed us, and devised against us that we should be destroyed from remaining in any of the coasts of Israel, let seven of his sons be delivered unto us, and we will hang them up in Gibeah of Saul which the Lord did chuse; which being accordingly done, after that God was intreated for the Land, and removed the famine, 2 Sam. 1. 1. to 15.
Here we have an Oath and Covenant binding the Israelites, their Governours. Heirs and posterity in perpetuitie to the Gibeonites and their posteritie; which I shall parallel with our forementioned Oaths, Protestation, Covenant to our hereditarie [Page 25] Kings, their heirs and successors, to prove them more obliging to us and our posterities, than this Oath & League of the Israelites to the Gibeonites, in regard of these observable circumstances & particulars, not hitherto insisted on by any; which I beseech God in mercie to set home effectually upon all our hearts, spirits, consciences, both for our information, reformation, settlement, and avoiding Gods avenging justice on us and our posterities, for our transcendent perjuries, breach of Oathes and Covenants to our Soveraigns.
1. This Oath and Covenant with the Gibeonites Embassadors, was procured by meer fraud, circumvention, misinformation, and apparent falshood, arising meerly from those to whom it was made and sworn: yet it obliged the Israelites and their posteritie, to the Gibeonites and their progenie in perpetuitie: But the forementioned Oathes, together with the Protestation, and Solemn League and Covenant, were made without any fraud, circumvention, misinformation, or false suggestion, upon grounds of loyaltie, dutie, justice, prudence, christianitie, Religion, and State-policie, voluntarily propounded by the makers, takers of them, and ratified in full Parliaments: Therefore they must needs be farre more valid, obligatory to the whole English Nation and their posterities, than this Oath, Covenant to the Gibeonites.
2. This League and Oath was made very sodenly, rashly, unadvisedly, without any advice with God and the whole Congregation, or examining, debating the truth of the Gibeonites suggestion; yet it bound them when once made: But our Oathes, Protestation, League, Covenant, were all made enacted, enjoyned upon long and serious debate, mature deliberation in several successive Parliaments: Therefore ours must be much more obliging than theirs.
3ly. This League, Oath, was made only by the Princes of Israel, without the Congregations privitie, assent or advice, who were discontented with and murmured against them for it, yet it obliged both the Princes, people, and their posterities: But our Oathes, Protestation, League and Covenant, were made not only by all our Princes, Nobles, Peers, but likewise by the whole House of Commons in full Parliaments, and assented to by the whole English Nation both [Page 26] in and out of Parliament, the See 7 Jac. c. 6. 17 Car. c. 7. & here, p. 7. Commons being the original movers, promoters, contrivers of all or most of them: Therefore they must be much more obligatorie to us and our po [...]eri [...]ies, than theirs.
4ly. Their League, Oath, was never ratified by any publique Law or decree of the whole Congregation and people of Israel in any publike Convention, but only by Ioshua and the Princes alone; yet they bound the whole Nation: Ours have been approved, ratified, established, perpetuated by sundry successive Acts, Ordinances, Votes of Parliament from time to time, continuing still in their full legal force: Therefore much more valid and binding to us and our posterities, than theirs.
5ly. That Oath, League, was taken, sworn only by the Princes themselves, not by the Congregation and people of Israel, yet they were all obliged by them. Our Oaths, Protestation, League, Covenant, have been sworn, taken not only by all our Princes, Nobles, Officers of State, Iustices, but likewise by all or most of the Commons, & people of the Land from time to time, both in and out of Parliament: Therefore much more obliging to us and ours, than theirs.
6ly. This Oath, League of theirs to the Gibeonites, was never taken and entred into for ought appears, but once, and that sodeinly, without any subsequent renovation or ratification; But our Oathes, Protestation, League, Covenant, have been swore, taken again and again, by all Members of Parliament, Officers of State, Iustices, Graduates, Lawyers, Ministers, most Souldiers, and others; upon sundry emergent occasions, both in and out of Parliament: Therefore much more obligatory to us and our posterities, then theirs.
7ly. This Oath, League, for ought wee read, was not made explicitly in precise terms with the Gibeonites, their heirs and posteritie for ever, but only indefinitely, with the Gibeonites then in being, whose lives they spared, as the words import; yet because they were a People, State, Citie, Body politick, having a permanent succession; it virtually and intentionally in their own and Gods account [Page 27] too, extended not only to the Gibeonites then living, but to their succeeding issues in Sauls time, near 400 years after, and all succeeding Generations (as 1 Kings 15. 19. Cook 4 Instit. c. 26. p. 155, 156. 4 II. 5. Rot. Parl. n. 24. [...] E. 4. 2. See Br. & Fith. Tit. Corporation, Abbie, Cooks 1 Instit. f. 2. 94. 102, 150. Grotius de Jute Delli, l. 2. c. 13. Sect. 4. 7. See Magna Charta the Prologue, and cap. ult. perpetual National Leagues use to do,) But our Oaths, League, Covenant in direct terms extend not only to our Kings to whom they were first made and sworn, but likewise to their heirs, successors, and Royal Posterity for ever, (see 1 Jac. c. 1. 3. Jac. c. 4. 7 Jac. c. 6. 1 Eliz. c. 1. 3.) Therefore they must needs be more binding to us, our Heirs and Posterities in present and succeeding Generations, than their to the Gibeonites.
8ly. Their League, Oath, was only with foreign Pagans, Strangers, who became their mere slaves and bondmen in perpetuitie, and had not the least power, jurisdiction over them; yet it bound them to strict observation. Ours are made, sworn to our own Christian, natural Kings, Princes, Soveraigns, of our own flesh, bloud, Nation, to whom we are natural borne Subjects, and owe all dutifull allegiance by the Laws of God, Nature, Nations; Therefore much more obliging to and most religiously to be kept by us and our posterities after us, than theirs.
9ly. (Which is most considerable) this their Oath, League, was made with such an idolatrous remnant of the Ammonites, as God himself by express precepts had commanded the Israelites to make no League, nor Covenant with, upon any terms, but utterly to destroy with the edge of the sword without mercie, without saving any of them alive, Exod. 23. 32. c. 24. 12. 13. Deutr. 7. 1, 2, 3, &c. c. 20. 16, 17, 18. Psal. 106. 34. 35.) yet notwithstanding having once entred into a League with, and sworn to them in the name of the Lord, that they should live, (though by their own fraud, circumvention, and misinformation) God was so jealous of his own name, honour, glory, so unwilling that his own people should perjuriously, treacherously, perfidiously break their Oathe, Covenant sworn in his name, Hebr. 6. 16, 17, 18. Grotius de'Jure Belll. being the highest, the most sacred inviolable Obligations, securities that can be betweene God and men, man and man, Nation and Nation; that he would rather have his [Page 28] positive judicial Law, (which Grotius de Jure belli, l. 2. c 13. §. 4. 7. some conceive to bave a tacit condition in it) violated and dispensed within this case, (it being not simplie evil in its own nature to spare the Gibeonites upon their submission, but onlie a prohibited evil by particular Precepts) than his Name prophaned, dishonoured, Religious Oaths wittinglie infringed, and perjurie committed by his own people, against his moral Law, Precept, being sinful, scandalous in their own nature, and of dangerous consequence to all Posteritie, if admitted, approved, to encourage them to commit perjurie, and violate all lawfull Oaths, Covenants, in succeeding Ages, to the scandal of Religion, and prejudice of Mankind. Wherefore this Oath, League, though against these judicial Precepts, not only, firmly bound the Princes who made them, and all the Congregation in that Age, but King Saul himself, and all the Israelites in succession four hundred years after. Of which we have another President of Joshuaes and the Israelites care to perform their Spies Oaths made to Rahab, and sworn unto her by the Lord, to save her, her Parents, Kindred, and Family alive (though Canaanites devoted by God to destruction) Iosh. 2. 1, to 24. compared with c. 6. 21, 22, 23. Heb. 11. 31. But our Oaths, Protestation, League, Covenant were all made not to, or with Amorites or Canaanites particularly deuoted by God to the Sword, Slaughter, and utter extirpation without any Truce or League of Peace; but to and with our own hereditary lawfull Christian Kings, their Heirs, Posterities, and Successors, whose Persons, Lives, Crowns, Rights, and Royal Authoritie we are all expresly obliged, commanded by God himself, to defend, protect with our own lives, fortunes, estates to the uttermost of our Powers, against all Attempts, Treasons, Conspiracies, Traytors, and Invasions whatsoever. yea precisely prohibited to offer the least violence, injury to their Persons, Lives, and Regal Authority, in thought, word, or deed, Prov. 24. 20, 21. Eccles. 8. 2 c. 10. 10. 1 Sam. 24. 3, to 20. c. 26. 8, to 12. 2 Sam. 1. 12, &c. c. 4. 10, 11, 2 Sam. 18 3 c 21 17 Estch. 2. 21. 12. 23. c. 6. 2 Rom 13. 1, 2. 3. 1 Pet. 2 12. 13, 17. Tit. 3. 1 1 Tim 2. 2. 3. John 18 36. Therefore our Oaths, League, Covenant, are much more obliging, and conscienciouslie to be observed [Page 29] by us, and our Posterities for ever, than theirs to the Gibeonites, as the only ready way to our peace and settlement.
10ly. This League of theirs to the Gibeonites was ratified only with one single Oath, yet it bound both them and their Posterity; but ours to our Kings, their Heirs and Successors, is ratified with seven successive Oaths, Protestations, Covenants, here recited, besides sundry others of like nature taken by our Ancestors in former Ages, which I pretermit. Therefore much more strong, indissoluble, obliging to us and our Postericies than theirs. If a threefold cord be not easily broken, Eccles. 4. 12. much more then a sevenfold Oath successively renued, should not easily or quicklie be broken, but remain inviolable to all posteritie.
11. The violation of this Oath League to the Gibeonites by Saul, and the Israelites near 400 years after its first making, when perchance quite forgotten by them, or conceived to be unbinding to them as gotten by surprise, as not made or taken by themselves, personal to the Gibeonites and Israelites then living when first made, or at least expired and grown quite out of date by so long a tract of time; was reputed by God himself a great sinne, perjury in them, and exemplarie punished by God with three years famine on the whole Land, though Saul and the Israelites then living never took this Oath, nor made that League themselves, but onlie their Ancestors, so long time before their births. Therefore our violations of the forecited Oaths, Protestation, League, Covenant, so freshlie made, taken, sworn, subscribed with hands lifted up to Heaven, successivelie one after another, by whole Parliaments, the generalitie of our Nation; and not onlie by our deceased Ancestors, but by our selves in person, and so oft reiterated, yet infringed by us time after time in the highest degree, most needs be a more detestable damnable Perjurie, crime, in the eyes of God than theirs, and draw a more long-lasting famine, and other sorer judgements of God upon our particular Persons, Vastat stirpemque, domumque, Herodotus, lib. 11. Families, Nation, than that breach of their Oath and League with the Gibeonites, brought down on them.
12ly. That Oath, League, continued in force to bind the Israelites, both to observation and punishment, when [Page 30] violated by King Saul and them, after the whole frame of their Government was quite changed from a Principality or Common-wealth (as most of our present Grandees would have it) into a Kingship and Kingdom, by the earnest unanimous desire, consent of all the Elders of Israel, the generality of the people, and by Gods own approbation, as is evident by the 1 Sam. c. 8, to c. 13. Josh. 9. 2 Sam. 21. compared together. Therefore our Oath, Protestation, League, Covanant forecited, must by like reason, consequence, much more oblige our whole Nation in present and future to our Kings, their Heirs and Successors, notwithstanding all late violent forcible illegal Alterations, Revolutions of our Governments and Governours, against the Votes of both Houses of Parliament, the desires of the generality of our three Nations, since our Laws admit no Interregnum nor Disseisin of the Crown, Kingship, Kingdom, (as the Statutes of Praerogativa Regis, 1 Iacobi, ch. 1. Cooks 7 Rep. f. 10. and See [...] B [...]ook, Ash. Title Intrusion, Prerogative. other Lawbooks resolve) And so our violations of them must be more perjurious, sinfull, and exemplarily punishable, than theirs.
13. This Oath, League with the Gibeonites was violated by King Saul, only out of zaeel to the Children of Israel, & Iudah, who (it seems) solicited him thereunto for their own selfends or advantage: yet this was no sufficient excuse, nor justification thereof in Gods esteem, being punished with exemplarie justice on his posterity, and a three years famine upon all the Land. Therefore the violation of all our precedent Oaths, Protestations, Covenants, by the Army-Officers, confederate Members, and their Adherents (against the Votes of both Houses, the dehortations of our Ministers, and desires of our three whole Kingdoms) must needs [...] a far more detestable crime, and be avenged with a more heavy punishment both on them and us, than theirs was heretofore.
14. This breach of Oath, Covenant, notwithstanding all circumstances which might extenuate it, was most exemplary punished, though not on Saul the chief Offendor during his life, yet upon seven of his Sons, and Family after his death, in King Davids Reign, 35 years after this Offence committed, and upon the whole Nation by a three years famine, [Page 31] though it was never infringed but only by one single Act, in slaying some of the Gibeonites posterity, and not re-violated by any other subsequent slaughter of them. Therfore though many of the grand Infringers of the precedent Oaths, Protestation, Covenant, may perchance scape scot-free for a time in their own persons, and die without exemplary justice inflicted on them for it, yet let them from this memorable President conclude for certain, that God will sooner or later avenge it upon their Children and Posterity to their utter extirpation, (and on the whole Nation too, as he hath done in a great measure already,) it may be 35 years after the Perjuries, Treasons, committed in this kind, especially when not committed only once, but perpetrated and acted over sundry times by a continued, uninterrupted succession of New Perjuries, Treasons, and Violations of them in the highest degree from day to day without fear or shame, as Exod. 20. 5. c 34. 7. Gen. 3. 14, 15. 1 Kings 2. 33. 2 Kings 5. 27. Jer. 22. 30. c. 36. 31. Isay 14 20 21. Mich. 2. 2, 3, 4, 5. Jer. 6. 15 c. 8. 12. may assure all our late and present. Delinquents in this kind and their Posterity, which texts they may do well most seriously to peruse, with bleeding and relenting hearts.
15. This their violation of their League, Oath to the Gibeonites was never openly justified, pleaded, written, preached, printed for, nor carried on with solemn Fasts and Humiliations, (most Isay 58. 3, 4. 6. &c. c. [...] 1 [...]. to 16 c. 6 [...]. 3. Prov. 21. 27. detestable unto God when thus abused) nor yet solemnly abjured by new contrary Oaths or Engagements forcibly imposed on all the Israelites, by Saul and his Counsel of State, to extirpate the Gibeonites: yet it was thus severely punished by God himself on Sauls posterity and the Israelites. O then what soarer overflowing, desolating Judgements, may our perjurious, Fidifragus Grandees, Saints, Nations, most justlie fear and expect will undoubtedly befall themselves, their posterities and our Kingdoms, (now almost ripened for destruction in wise mens apprehensions) who have not only infringed all our Oaths, Covenants, Protestations, to our lawfull Kings, their Heirs, Successors, and Posteritie over & over in the highest degree, but most impudently justified, pleaded, preached, written, for the lawfulness thereof; yea kept manie Hypocritical, Atheistical Mock-Fasts [Page 32] and Humiliations, to promote our most detestable Perjuries, Treacheries, Abominations; and publicklie abjured all our former loyal Oaths, Protestations, Covenants, by new Treasonable enforced Oaths and Engagements, diametrically repugnant to them. Certainlie if this breach of Oath by Saul in slaying the Gibeonites could not be expiated, nor the [...] years famine inflicted on the whole Land for it, removed by all King Davids and the Israelttes Fasts Prayers, Tears, Sacrifices; till this sin of theirs was particularly be wailed, repented, removed, and full satisfaction made to the murdered Gibeonites by David and his people, by delivering up seven of Sauls Sonnes and Posteritie to be hanged up before the Lord in Gibeah of Saul, for this perjurie and bloodshed committed so long before by Saul their Ancestor, the principal Malefactor. We may justlie fear and conclude, that all our prayers, tears, fasts, humiliations, will never expiate the manifold open violations of these our Oaths, Protestations, Leagues, Covenants, by the murders of our late King, and manie thousands of our Protestant Brethren of all sorts for adhering to him, his heirs and posteritie; the violations of the rights, privileges of Parliament, beyond all Presidents of former Ages; and securing, secluding the whole Peers House, and Majoritie of the Commons heretofore and now again, and trampling our fundamental Laws, Liberties, Properties, Remonstrances, Declarations, as well as Oaths quite under foot, by new Arbitrarie, Tyranical Acts, Impositions, proceedings of all kinds, exceeding the worst of our former Kings; unlesse all these perjuries, treacheries, breaches of Oaths, Protestations, Covenants in this kind be particularly and publickly confessed, bewayled, reformed, repented if not expiated with the like Justice and Executions upon the persons or Sons of some of the most capital Delinquents in this kind, to appease Gods wrath, and preserve our whole three Kingdomes from utter ruin; our perjuries and breaches of all Oaths, Faith, Trusts, being now so generallie and universally infamous throughout the world, that FIDES ANGLICA, is become as proverbial AS Erasmi A dagia. Walsingham Hist. Ang. Antiquit. Eccl. Brittan. p. 295, 296. Giraldus Cambrenfis Typographiae Hyberniae, c. 20, 22, 24. FIDES PUNICA, SCOTICA, or HYBERNICA in former Ages, to our perpetual infamie: Which, if this Publication may redresse, reform [Page 33] for the future, I shall bless God for it, and have some hopes of better times, things, then yet we can possibly expect whiles under the guilt, breach of so many contradictory Oathes, Protestations, Leagues, Covenants, Ingagements.
By the antient Oath of Fealty and Allegiance, (which both the Subjects of England, and Kings, Bishops, Nobles, and Subjects of Scotland, made to the Kings of England and their heirs, as supreme Lords of Scotland, in these words.) Ero fidelis & legalis, fidemque & legalitatem servabo, Henrico (& Edwardo) Regi Angliae, et Haeredibus suis, de vita & membris, & terreno honore, contra omnes qui possa it vivere & mori: Et nunquam pro aliquo portabo arma, nec ero in consilio vel auxilio contra eum vel Haeredes suos, in aliquo casu qui possit contingere, sed fideliter recognoscam, et fideliter faciam servitia quae pertinent ad tenementum quod de eo tenere clamito, Sic me Deus adjuvet & omnes Sanctos ejus. (Which Oath Roger de Hoveden, Annal. pars porior, p. 545, 546 William King of Scots and all his Nobles swore to King Henry the 2. et Haeredibus suis, sicut ligio Domino suo: And Tho, Walsingham Hist. Angliae, p. 22. 33, 34. Mat. Westm. Anno 1293, 1294, 1297. Iohn Balliol, Iohn Comyn with all the Nobles of Scotland to King Edward 1. and his heirs: Anno 1293, 1294, 1297.) they all in express terms obliged themselves and their heirs, to be true and faithfull Subjects to the King and his heirs: Which though valid, obligatories in it self to our Kings postertie, yet some of our Kings in their life-times, made both the Scots and English Subjects to take a new Oath of Fealty and allegiance to their heir apparent and his heirs, saving the fealty, homage and allegiance done to themselves. Thus Hoveden, p. 545, 546, 549, 550, William King of Scots with all his Nobles, Barons, and Knights of Scotland, did Fealty and Homage to king Henry the 2. and to Henry his son, and his heirs, as to his Liege Lords, salva fide Domini Regis patris sui. Hovenden Annal. pars posterior, p. 480. Simeon Dunclmensis Hist, col. 254. Radulphus de Diceto Abbrev. Chron col. 504. Chronicon Johan. Bromoton.col. 1006. Henry de Knyghton de Eventibus Angliae l. 2. c. 9. Gul. Nubrigensis, Hist. l. c. 3. 4. 30, 3 a. Mart. Paris, Mat. Westminister, Holinshed, Caxton, Fabian, Speed, in the live of H. 1. Stephen, & H. 2. Anno 1175. Yea before this, Anno 1128. by the commad of king Henry the 1. the Archbishops, Bishos, Abbots, David King of Scots, with all the Earls and Barons of England, swore homage and sealtie to Maud his daughter and heir ut filiae suae Imperatrici Fide servata, regnum Angliae Haereditario jure post dies suos sibi et haeredibus suis legitime [Page 34] procreatis servarent nisi sobolem virilis sexus ipse Rex in posterum procrearet. The persidious violation of which Oath by them after King Henries death in crowning Stephen, brought Holinshed, Vol. 3. p. 46. exemplary judgements on the wilfull violaters therof, and a bloudy, long-lasting civil warr within the bowels of the Realm between Maud, her son Henry, and the Usurper Stephen, to the great oppression, devastation, desolation of the publique, & peoples, as our Historians observe; all the good they hoped for by disinheriting Maud, and crowning Stephen upon their own terms, against his own and their Oathes, becomming void and null by his perfidiousness, through divine, Justice, which will never permit any good things to spring out of such enormous evils as perjury and treachery; which produced sundry judgments and civil wars, never ceasing till Henry the right heir was restored to the Crown by a friendly agreement; the only probable, speedy way not now to end our present wars, oppressions, distractions, Military Government, and restore peace, and prosperitie in our Nations. After this, An. 1191. upon the dejection of the insolent Bishop of Ely from his Vicegerentship under King Richard the first, Hoveden Annal. pars posterior, p. 702. 718. all the Nobles of England assembling together, swore Fealty to Richard King of England, and to his heir against all men. The Citizens of London swore the like Oath; and that if King Richard should die without issue, they would receive Earl John his Brother for their King and Lord, & juraverunt ei Fidelitatem contra omnes homines, salva fidelitate Regis Richardi fratris sui as Hoveden relates.
In Claus. 24 H 3. m. 15. dorso, soon after the birth of Edward the 1. son and heir apparent to King Henry the third, I find this memorable writ issued to all the Sheriffes of England, to summon all persons above 12. years old, to swear Fealty to him, as Heir to the King, and to submit themselves faithfully to him as to their Liege Lord after his death.
Rex Vic. Eborum▪ salutem; Praecipimus tibi quod in fide qua nobis teneris, et sicut teipsum et omnia tua diligis venire facias ad loca certa & ad dies certos, sicut commodius fiery potevit, Omnes liberos homines de balliva tua aetatis 12. Annorum et supra, et eos omnes coram te jurare facias; [Page 35] ita quod haec sit forma juramenti sui, scilicet: Quod ipsi salvo Homagio et fidelitate nostra, qua Nobis tenentur, & cui in vita nostra nullo mode renunciare volumus, Fideles eritis Edwardo filio nostre primogenito, ita quod side Nobis humanitus contigerit, eidem tanquam hearedi nostro et Domino suo ligio erunt fideliter intendentes, et eum pro Domino suo ligio habentes. Et talem circa hoc exhibeas diligentiam, ut inde merito debeatis commendari. Teste meipso apud Westm. 24 die Febr. Ann. r. n. 24. Eodem modo scribitur omnibus Vicecomitibus: and it appears by Dors. 12. they were summoned and sworn accordingly. Exact A. bridgement of the Records in the Tower, p. 426, 427. 662. 663. In the Parliament of 5 H. 4. rot. Parl. n. 13. & 17. The Lords Spiritual and Temporal, and Commons, were sworn to bear faith and true allegiance to the King, to the Prince, and to his issue, and to every one of his Sonnes severally sucéeding to the Crown of England; and that of their own accord. The like Oath was taken to the King, Queen, Prince Edward, and the Heirs of the Kings body in the Parliament of 38 H. 6. rot Parl. n. 26. And to The first Part of my Register of Parliamentary Writs, p. 108, 109. Prince Edward Son and heir apparent to King Edward the 4th and his Heirs, in the Parliament of 11 E. 4. entred in the Clause Roll of 11 E. 4. m. 1. dorso. Yet in point of Law, Conscience, the first Oathes of Fealty and Allegiance to each of these Kings his heirs and successors, 26 H. 8. c. 2. 28 H. 8. c. 7. obliged all that took them as firmly to their heirs and successors, as their Homages made by them to these Kings or other Lords, (which extend equally to their heires, and shall not be Littleton, Sect. 148, 149. Britton f. 175, 176. Cookes 1 Instit. f. 103, 104. reiterated, nor renewed to them upon this Account, unless in some special cases) and binde not only those that took them, but their heirs and posteritie likewise, although they never tooke these Oaths themselves, at least to a religious conscientious observation, though not to the actual legal penalties of Perjury; as Angelus de Clavasio in his Summa Angelica, tit. Juramentum 5. sect: 24. 40. and other Canonists distinguish; and the forecited Scriptures infallibly demonstrate; especially being made for the publick good, peace, settlement. of the Kingdom, warranted by the policie, presidents of all ages, prescribed by our Lawes, Parliaments, for the safetie, securitie, settlement, as well of our Religion, Church, Kingdoms, [Page 36] Government, as of our Kings and their posterities, and so not o to be violated, through fear, menaces, hopes of worldly gain or preferment, nor dispensed with by any Papal or other human power whatsoever; the see Aug. serm. 30. Gratian Causa 22. q 1. 25 summa Angelica, Tit. Juramentum & Perjurium. Bochellus Decreta Eccles. Galli. canae, lib. 8. Tit. 13. De Jurejurando & Perjurio. Chrysostom Homil. 17 in Mat. & Hom. 9 12. in Acta Apost. Dr Beards Theatre of Gods Judgements, l. 1. c. 28 Cooks 3 Instit,. c 74. breach of Oaths, Leagues, Covenants, being A GRAND VICKEDNESSE and high prophanation of the TRUTH, FAITHFULNESSE, NAME, AND CONSTANCY OF GOD HIMSELF, as well as transgression of his Law and Gospel, deserving the highest temporal and Ecclesiastical censures in this world, as well as eternal condemnation in the world to come, Ezech. 17. 16, to 22. & Jer. 34. Neh 5. 12. 13.
7. Whether the late illegal Oaths, Ingagements to the New Republicans and Protectors, enforced on the people against their Consciences, without any lawfull Parliamentary Authority (which only legally make, prescribe, impose new Oaths upon the Nation, as the marginal Mag. Charta c. 28. 51 H. 3. Stat. of the Eschequer, 51 H. 3. c. 22. 3 E. 1. c. 14. 40. 6 E. 1. c. 8. 9 E. 3. Stat. 2. c. 6, 14 E. 3. c. 5. 18 E. 3. stat. 3. 20 E. 3. c. 1, 2. 25 R. 3. c. 1. 27 E. 3. Par. 2. c. 1. 10. 16. 24. 26. 5 R. 2. c. 2. 12, 13. 6 R. 2. c. 12. 12 R. 2. c. 28. 17 R. 2. c. 9. 21 R. 2. c. 5. 4 H. 4. c. 10. 18. 20. 21. 2 H. 5. c. 4. 6, 7. 4 H. 5. c. 2. 4. 2 H. 6. c. 10. 18 H. 6 c. 4. 10. 20 H. 6. c. 10. 23 H. 6. c. 2. 33 H. 6. c. 3. 5. 3 E. 4. c. 3. 7 E. 4. c. 1. 8 E. 4. c. 2. 12 E. 4. c. 2, 3. 17 E. 4. c. 2. 1 R. 3. c. 6. 19 H. 7. c. [...]4. [...] H. 8 c. 8. 3 H. 8. c. 2. 14. & 15 H. 8. c. 3. 21 H. 8. c. 16. 21 & 22 H. 8. c. 7. 23 H. 8. c. 5. 25 H. 8. c. 20. 26 H. 8. c. 2. 4. 13. 27 H. 8. c. 27. 28 H. 8. c 7. 10. 32 H. 8. c. 45. 35 H 8. c. 1. 5 E. 6. c. 5. 1 Eliz. c. 1. 5 Eliz. c. 1, 23 Eliz. c. 6. 2 [...] Eliz. c. 12. 43 Eliz. c. 12. 1 Jac. c. 31. 3 Jac. c. 14, 15. 7 Jac. c. 2. 6. 21 Jac. c. 7. 20, 21. The Petition of Right 3 Car. 17 Car. c. 7. 1 Car. c. 1. 2 Car. c. 1. Statutes resolve, past all dispute) being directly contradictorie to their former lawfull Oaths to our Kings, their Heirs and Successors, be not absolutely void in conscience, yea mere prophanings, abuses of Gods sacred Name; and if taken out of fear or weaknesse, no wayes to be observed, no more than Davids Oath, resolution to slay Nabal with all his Family, 1 Sam. 25. or Herods Oath to Herodias, which he had more justly violated than observed in beheading John the Baptist, Mat. 14. 6, to 13. or those Jews Vow, who vowed they would neither eat nor drink till they had killed Paul, Acts 23. 21. &c. Which sinful Oaths, Vows, were no wayes to be observed by shedding innocent blood, as both the Fathers, Councils, Canonists, Casuists, and Scoolmen resolve, as you may read at large in Gratian Caus. 22. quest. 4. Summa Angelica, Tit. Juramentum, sect. 3. 45. Peter Lombard, Sent. l. 3. distinct 29. & most Schoolmen on his Text, whose definitive Doctrine is this: Si quis alicui juraverit contra fidem, charitatem [Page 37] & officium, quod observatū pejorem vergat in exitum, potius est mutandum quam implendum: Qui enim sic jurat vehementer peccat, cum autem mutat benèfacit: Qui autem non mutat dupliciter peccat; Et quia injuste juravit, et quia facit quod non debet. And Summa Angelica. Juramentum 5. sect. 16. that when a man hath once obliged himself by a legal Oath to God and his Soveraign, any latter Oath repugnant to, or inconsistent with it is unlawfull: Upon which account our Glanvil l. 9, c. 1. Mirrour. c. 3. Bracton, f. 78, 80. Britton, f. 170, 171. Littleton, sect. 85. Cook 1 Instit. f 64. 65. spelmanni Glossarium, p. 356, 357, 358. Lawbooks and Laws resolve, that when ever any man swears Fealty, or doth Homage to his Landlord for the Lands held of him, it shall be with this special exception, saving the Faith which I owe to our Lord the King, who is the Soveraign Lord of all his Subjects, principally sworn unto, and to be obeyed in the first place before all or any others. Hereupon Cooks 1 Instit. f. 65. Walter Bishop of Exeter, Anno 6 E. 1. for omitting this Clause out of the Homage he received of his Tenants in Cornwall, IN CONTEMPTUM DOMINI REGIS, & ad manifestam, quo ad PRIVILEGIUM IPSIUS DOMINI REGIS EXHAEREDATIONEM, ET DAMNUM IPSIUS DOMINI REGIS ad valentiam DECEM MILLE LIBRARUM, he had judgement given against him for it upon an Information, and was put to a great fine and ransome for this his transcendent offence. Upon this very account Honnore Bonhor Prior of Salon, an eminent Doctor of the Canon law, in his Larbre des Battailles, ch. 50, 51. resolves, out of other Doctors, That if the King moves war against any Baron of his Realme, his Tenants and Homagers are not bound to assist him in his wars against the King by their Homage or Fealty, but rather to assist the King against him, BECAUSE THE KING IS SOVERAIGN LORD TO THEM BOTH; and the Barons lesser and inferiour Dominion, is swallowed up or suspended by the presence of the King, the greater and superior Lord; and because the Baron commits both Treason and Perjury against the King, by violating his Homage, in taking up Arms against him;) Whereupon his Tenants are not bound to ayd him in his Perjury and Treason against his Soveraign. And ch. 100, 101, 102. he determines, That if a man be a Subject to two Kings, States, or Cities, which afterwards wage war against each other, he is bound to serve the King, State, City in [Page 38] the wars, to which HE WAS FIRST SWORN AND OBLIGED, because his latter Oath and Homage to his last Soveraign cannot invallid nor discharge his first Oath and Allegiance to his old one; Much lesse then can these later Treasonable Oaths, Engagements to a New Protector or Republick, dispence with those antecedent legal Oaths, Protestation, Covenant to our lawfull King and his Heirs, nor oblige us in the least degree to fight against or oppose their Persons, Titles, Rights, to perpetuate our wars, miseries, taxes, oppressions, confusions, and prevent our future settlement.
Let us therefore all now seriously remember, consider in the fear of God, That as all who have been Judges, Justices, Maiors, Bayliffs of Towns, Barresters, Benchers, Ministers, Graduates in Vniversities, Attorneys, Civil or Ecclesiastical Officers in any kind, Members of the Commons House, or Tenants to the King, before the year 1649. have oft taken the premised Oaths of Maiors, Iustices, Fealty, or at lest of Supremacy and Allegiance; So all Aldermen, Governors, Assistants, Livery men, Common Counsel-men, and Freemen whatsoever of every City, Corporation, Society, Company, Fraternity, throughout the Realme, have likewise taken another Oath beginning thus, You shall swear, to be good and true, or true Liegeman to our Soveraign Lord the Kings Majesty, and to his Heirs and Successors. Which if they will all now conscienciously verifie and resolutely fulfil to the Right Heir and Successor of the Crown, they may soon put a period to all their present Oppressions, Taxes, Excises, arbitrary Militiaes, Distractions, Fears, Dangers, under their New Aegyptian Tax-Masters, and make themselves real ENGLISH FREEMEN, without any new Warr, or much feared forein invasion, instead of continuing Bondslaves under a misnamed Free-State, in which no wise men can yet discern the least shadow of Freedom or Security, but inovitable desolation in the present posture of its publick Affairs, and a necessity of involving himself in the guilt of New Oaths, more treasonable than the See Cooks 3 Instit. cap. 1. 74. Capterburies Doom, p. 19. 26. 40. Bishops late &c. Oath, which can neither be imposed, nor administred without danger, and the guilt both of Perjury and High Treason to the King, kingdom, and Parliament, by all our known Laws resolution.
I shall close up all with this memorable seasonable antient Canon, Resolution, and Anathema of the 4th. Council of Tolede in Spain Anno 681. Can. 74. as an effectual means (through Gods blessing) to reclaim us from our former Perjuries, Treacheries, Regends Disloyalties to our lawfull Kings and their Posteritie, to restore them to their hereditarie Rights, divert Gods heavy Judgements from us, to settle us in firm, lasting peace for the future, and restore our pristine Tranquility, Unity, Trade, Honour, Prosperity so long expected, desired. Surius Concil. l. 2. p 736, 737. See King James his Apoligy for the Oath of Allegiance. Multarum gentium (ut fama est, being then principally intended of the antient Gildas de excidio & conquestu Britanniae Concil. c. 12 Calcuth, Spelmanni Concil. p. 295, 296. Malmesburi de Gestis Reg. l. 1. c. 3. p. 16, 27. Mat. Westm. Anno 838. Britains, Saxons, Northumberlanders, exceeding all other Nations in Perjury, Treachery to, rebellions against and murders of their Kings, and now exceeded therein by us of this Age) ‘tanta extat perfidia animorum, ut fidem sacramento promissam Regibus suis observare contemnant, et ore simulant Iuramenti professionem, dum retinent mente perfidiae impietatem. Iurant enim Regibus suis, et fidem, quam pollicentur, praevaricantur; nec metuunt volumen illud judicii Dei, per quod inducitur maledictio, multaque poenarum comminatio super cos, qui jurant in nomine Dei mendaciter. Quae ergò spes talibus populis, contra hostes laborantes, erit? Quae fides ultra cum aliis gentibus in pace credenda? quod foedus non violandum? quae in hostibus jurata sponsio stabilis permanebit, quando ipsis propriis Regibus juratam fidem non servant? Quisenim adeò furiosus est, qui caput suum manu sua propria desecet? Illi (ut notum est) immemores salutis suae, propria manu seipsos interimunt, in semetipsos suosque Reges proprias convertendo vires. Et cum dominus dicat, Nolite tangere Christos meos, & David: quis inquit, extendet manum suam in Christum Domini, & innocens erit? Illis nec vitare metus ett perjurium, nec Regibus inferre exitimn. Hostibus quippe fides pacti datur, nec violatur. Quod si in bello sides valeat, quanto magis in suis servanda est? Sacrilegium quippe est si violetur a gentibus Regum suorum promissa fides, quia non solum iu eos sit pacti transgressio, sed et in Deum, in sujus [Page 40] nomine pollicetur ipsa promissio. Indè est, quod multa regna terrarum, caelestis iracundia ità permutavit; ut pro impietate fidei et morum, alterum ab altero solveretur. Unde & nos cavere oportet, casum hujusmodi gentium, nè similiter plaga seriamur praecipiti, et poena puniamur crudeli. Si enim Deus Angells in se praevaricantibus non pepercit, qui per inobedientiam coeleste habitaculum perdiderunt; unde & per Esaiam dicit: Inebriatus est gladius meus in coelo: quantò magis nos nostrae salutis interitum timere debemus, nè per infidelitatem eodem saeviente DEI gladio pereamus? Quòd, si divinam iracundiam vitare volumus, et severitatem ejue ad clementiam provocare cupimus, servemus erga Deum religionis cultum, atque timorem, custodiamus erga Principes nostros pollicitam fidem atque sponsionem. Non sit in nobis, ut in quibusdam gentibus, infidelitatis subtilitas impia, non subdolae mentis perfidia, non perjurii nesas, et conjurationum nefanda molimina. Nullus apud nos praesumptione regnum arripiat, nullus excitet mutuas seditiones civium, nemo meditetur interitus regum; sed, desuncto in pace Principe, Primates gentis cum sacerdotibus (filium ejus) Soccessorem Regni Constlio communi constituant, ut dum unitatis concordia à nobis retinetur, nullum patr [...]e gentisque dissidium, per vim atque ambitum moliatur. Quòd si haec admonitio mentes nostras non corrigit, et a [...] salutem communem cor nostrum nequaquàm perducit, audi sententiam nostram. Quicunque ergò ex nobis, vel totius Hispaniae populis, qualibet conjuratione vel studio Sacramentum Fidel suae, quod pro patriae gentisque Gotthorum [...], vel conservatione Regiae salutis pollicitus est temeraverit aut Regem nece attrectaverit aut potestate Regni exuerit, aut praesumptione tyrannica regni fastigium usurpaverit. Anathema sic in con [...]pectu Dei Patris, et Angelorum, Christi, [...] Apostolorum ejus, Spiritus Sancti et Martyrum Christi, atque ab Ecclesia Catholica, Quam perjurio prophanaverit, efficiatur extraneus, & ab omni caetu Christianorum alienus, cum omnibus impietatis suae sociis, [Page 41] quia oportet, ut una poena teneat obnoxios, quos similis error invenerit implicatos. Quod iterum, secundo, et tertio, replicamus et acclamamus. Qui contra hanc nostram definitionem praesumpserint, Anathema, Maranatha; hoc est, perditio in adventu Domini sint, et cum Juda Scarioth partem habeant ipsi & socii sui, et cum Diabolo et Angelis ejus aeternis suppliciis condemnantur’ Amen,