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A86481 An answer to a certain writing, entituled, Certain doubts and quaere's upon occasion of the late oath and covenant, with desire of satisfaction, for tender conscienced people, to whom it may be exhibited. 5. August. 1643 Imprimatur Joseph Caryl. Hollingworth, Richard, 1607-1656.; England and Wales. Parliament. 1643 (1643) Wing H2486; Thomason E67_5; ESTC R8330 11,137 16

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Protestation and the Protestation was not sufficient to its end many notwithstanding the same revolting from plotting and practising against Religion Parliament and Kingdom under pretence of standing for the King The Jews of old and Christians of late did often renew their Covenants with God to the same intent David and Jonathan made a Covenant and renewed it once and again to the same intent 1 Sam. 18.3 and 20.16 17.23.18 yet did not take Gods name in vain The Governour of Christer hath imposed severall Oaths upon the Inhabitants of Chester to the same intent viz. the securitie of the Citie the resistance of the Parliaments forces It seems that they also do take the name of God in vain An Oath ought not to be urged on them Quest 6 that shall lye in taking the same Jerc. 4.2 Thou shalt swear in truth Now it is more then probable that some of the multitude seeing it is pressed on all the Kingdom shall lye For when they have told God and the Congregation that they heartily sorrow for their sins they will tell God a solemne lye Now though we may exhort all men to repent yet it is questionable whether we may urge them to swear that they repent who do not so By this Argument Ministers may not in their own Answ and the peoples name say We are heartily sorry for these our misdoings the remembrance c. Nor God-fathers and God-mothers especially in the name of the Children say I forsake the devill c. I beleeve in God c. Nor Children be taught to say Our Father Nor the Oaths of Supremacy All agiance and Protestation nor any other Oath be tendered to the whole Kingdom upon any occasion seeing it is more then probable that some of the Ministers and people are not heartily sorry c. Some of the Gossips do not fotsake the Divel c. Some of the Children have not God to their Father Some Popish treacherous perjured persons will in taking the Oaths of Supremacy c. Tell God and the World a solemnelye On the solemnelyes assertorie or permissory or both that were told by the people Josh 24. 2 Chro. 15. 2 Chro. 23. Neh● 9. c. 10. That man is a son of Belial which living in these sad times is not in some measure sorrowfull for his own sins and that intends not to endeavour the amendment of his own wayes surely he is none of the tender conscienced men for whose satisfaction these were propounded The Inhabitants of Chester have sworn that they rest fully assured of His Majesties Princely truth and goodness c. It is well if some of them to save their goods and liberties Quest 7 have not told God and the world a solemne lye I desire to know the extent of those words Will according to my power and vocation assist the forces of the Parliament against the forces c. For it may be said That he that warreth not in his own person he that slyeth at any exigent he that leaveth his Armour he that taketh or giveth quarter he that giveth not all his estate immediately to these warres it may be said That these have not done according to their power and so are forsworne and there is the more reason for this question because some have taught and others have practised this for a doctrine that you may not take or give quarter in these warres An unnaturall and bloody resolution When you know the extent of the words To the uttermost of my power in the Oath of Alleagiance Answ and the Oaths imposed upon Chester and Shrowsbury and of the words To my power in the Protestation and Oath of Supremacy the Oaths which you have already taken Then you will guesse at the meaning of the words accerding to my power and vocation in the Oath now to be taken where the word vocation limiteth the word power for no man hath a vocation to any unlawfull or irrationall any unnaturall or bloody resolution or action If any man say or teach as you intimate some do They have as little abilitie as they have authoritie to expound the Oath It may be some others do so explain it that any Malignant in the Kingdom may take it without forsaking his own principles But Inter utrumque via est An Oath is to be taken when we are thereunto called by lawfull authoritie Quest 8 and may be refused when lawfull authoritie prohibiteth the same or exempteth inferiours from the same Now though I question not the Parliaments authoritie in enjoyning this Oath yet I also beleeve that our Kings authoritie is a lawfull authoritie if not supreme also who by Proclamation prohibiteth this Oath And therefore I cannot conceive a lawfull calling to this Vow and Covenant Num. 30.5 A woman hath no power to vow that which her father disavowes and how then can a subject have power to vow that which the King disavoweth is not Rex pater patria An Oath may be taken lawfully by private persons to give satisfaction in some weightie doubt though they be not thereunto called by any authoritie at all 1. Jonathan and Davids Covenant stood firm though condemned by Saul 1 Sam. 22.7 8. who was the father of one the father in law of the other and the King of both Yea they afterward renewed that Covenant 1 Sam. 23.17 18. The Kings lawfull authoritie is in His Courts of Justice and His Proclamation for the reversing of the sentence and judgement of any Court of Record especially of the Court of Parliament which is His highest and honourablest Judgement * King Iames. Basllicon Doron is ipso facto null and voyd especially when the King is amongst known and judicially declared Rebels and Delinquents for then His Proclamations may be judged to be the acts of the said Delinquents over-awing mis-informing or otherwise abusing the King A King of England was once articled against as for other things as that Without consent he had carryed away the Jewels and Plate of the Crown and did hold a fantasticall opinion That the Laws of the Realm were in his head and sometimes in his breast So for that He craftily devised certain privy Oaths contrary to the Law and caused His Subjects to be sworn thereto Though this be now ordinarily done not so much by the King as by the Cavaliers within their Dominions of Northumberland Cumberland Yorkeshire Chester Shrowsbury c. But the authoritie of Parliament was never till of late questioned for greater acts then these The late Protestation which well understood contained that very thing which you dislike in this Covenant viz. of resisting the forces raised by the King in some cases stands good by your own rule for the King did not publish any Proclamation against it Numb 30.4.7 The vehement pressing of this Oath may prove prejudiciall to the Cause and to the end Quest 9 to which it is pressed for being thus questionable for the lawfulnesse of it it may make many to esteem worse of the Parliament Diversmen that have assisted the Parliament will not in likely hood take this Oath but perhaps hereupon desert the Cause As for that which somesay it is vehemently pressed to the intent to discover rotten hearts I answer it is no signe of a rotten heart to fear an oath nay rather that is the rotten heart that can disgest such solemne Oaths without fear and scruple These and the like quaere's in the hands of common people do not help the matter Answ Christ sometime spake hard speeches which caused many to leave him Joh. 6.1 We had rather have open foes then treacherous friends I beleeve those hearts are rotten quantum ad nos causam nostram that have no juster scruples then these and yet refuse this Oath A man may truely fear an Oath yet take the Oath of Supremacy Alleagiance Protestation and this also Other brief Quaere's with their Answers IS there any president of such an Oath to resist forces raised by their Quest 1 Kin●s Yes Answ th● Scottish Covenant judged lawfull by Parliament and the Union of the Hollanders which I hope are no Rebels for the Prince of Orang is one Briesly Kingdoms in the like Case do usually take th● like course to prevent treachery and division The King and Parliament are here divided Quest 2 is not this against my Protestation This Covenant doth not disannull any of our former Oaths and Covenants Answ The late Plot the occasion of this Oath being rather against Religion Parliament and Kingdom then against the person of the King therefore the one is mentioned not the other Th● Unitie between King and Parliament in these sad divisions cannot be better kept then by cleaving to the Parliament For the King is legally presumed to be in Parliament not contra The King hath protested upon the Sacrament Quest 3 that He will maintain the Protestant Religion without connivance at Popery c. It is not certain that the King hath so protested Answ if he have and His intentions be reall yet this layes no Bond on his Successors muchlesse on the Queen the Papists and Rebels now in Arms by whom our Religion is rather endangered then by the King which keep not Covenants and Truces that Turks would keep for Popish principles will admit the taking and breaking of solemne Oaths and have not suffered the King to keep his former many solemne Protestations scarce the same day they were made Si dissimulandum Regnandi causa dissimulardun qui n●s●it dissimulare nescit regnare Should Popery and Tyranny be professedly maintained sew Protestant Subjects would cleave to that partie If His Majestie were from amongst Delinquents Atheists Papists Aliens He would I beleeve keep His Protestations Prov. 25 Remove the wicked from about c. It is our dutie therefore to rescue Him out of their h●nd● that He may keep His Protestations FINIS
the Physitians are not guiltie In Justs and Torneaments Subjects standing onely on point of honour have returned Launce for Launce stroke for stroke unhorsed disarmed and wounded (n) Hall 16 H. 8. yea killed o Anno 1559. p Anno 1266. their Kings without suspition of disloyaltie The casuall killing of King William Rufus by the glance of an Arrow was no treason The fighting against the Earl of Leicesters forces where King Henry the third was in person and carried about for the countenance of His Actions and the rescuing of Him though He was wounded unawares in the rescue was by Parliament judged to be loyall and faithfull services Finally to omit what Bishop Poinet saith of the power of the great Constable of England If the King should come in the head of the Irish Rebels many whereof are already Him we may and must with as much tendernesse and care of His Majesties Person as will stand with discharge of our dueties resist and help to destroy those Robels that are about Him In reverence of Parliaments and in regard of tender consciences I desire these things first to be cleered least in taking this Oath we go on Popish grounds in these three principalls viz. Of implicite faith of infallibilitie of Councell and the Oath ex Officio The Papists by an implicite faith Quest 4 beleeve and swear because their Church saith it And why and how can our Countrey people beleeve and swear but because the Parliament faith it The Papists think the Popes councell cannot erre therefore engage their faith to beleeve and their practises to do what de future shall be determined I desire therefore to know the extent of the word continued will assist the forces raised and continued by both Houses it seemeth to be meant do futuro else raised would have served the expression thus it may be as large as c. and ingageth our assistance to them without limitation of lawfull continuance as if this Army or Parliament-Councell could not erre in ordering the same The Papists as was exclaimed in our Bishops Courts have an Oath in their Inquisition to oblige men either to accuse or forswear themselves and doth not this Oath oblige men if conscious of this that is meant by the Plot either to accuse themselves which is unnaturall or forswear themselves which is Diabolicall The Parliament do publish in their Declarations the Reasons and Grounds of their Votes and Actions Answ the Equitie as well as the Authoritie of their decisions and therefore cannot be said to require an implicite faith The Judgement of the Parliament is not infallible but to us it is inevitable Our Judgements are not in-thralled to beleeve what they say but they are bound up and superseded by theirs and our interests are intrusted with them and subjected to their decisions If His Majestie should concurre with the Houses in a Declaration of the Law could you not then submit thereunto without contradiction and rest therein without further debatement except you go on Popish grounds of implicite faith and infallibilitie Our holding the Parliament to be the supreme Judicatory in case of the Kings absence or opposition doth no whit alter the case If any implicite faith and infallibilitie must be placed any where it is more safely placed in a generall Councell then in the Pope and consequently in the Parliament rather then the King (q) This comparison was made by Acneas Sylvius in the Councell of Basil To avoyd processus in infinitum which nature abhorres there is a power resting some where which is the ultimate and indisputable power of expounding the Laws which power resting in the Parliament must be assisted by all within the jurisdiction of the Court and not be resisted or controuled by any upon pretence of possible or actuall errour in them If any Court of Record do erre I am excused yea justified by the Law if I living within their jurisdiction do submit to their sentence yea obey it till it be reversed As if A. free from all Felony be out-lawed for felony which is but a Declaration by and before the Coroners every subject in the Countie is bound so farre to credit the said Judgement as not to receive releeve and comfort A upon pain of being accessary to felony (r) The Kingdoms Case citeth 12 Ed. 2. Coron 377. which is cited 19 Eliz. dy 355. And in case of Attainder by Parliament though supposed to be unjust the King Himself cannot discharge the persons so attainted but by reversing it in Parliament (ſ) 1 Hen. 7.4 There is no necessicie that continued should be meant de futuro seeing but a line or two before both raised and continued are spoken de preterito But if it be is I beleeve it is spoken d●future it cannot be so large and boundlesse as c. seeing the ground of my promising assistance is the limitation of the Parliaments forces in my belief to be for their just defence and the just defence of the t●●e Protestant Religion and Libertie of the Subject If I say whereas I beleeve A. B. is a Protestant I will assist him in the maintenance of his Religion I do not engage my self to maintain Popery in case he should turn Papist The King and His Councell and his forces may erre therefore the Inhabitants of Chester Shrowsbury or any other place which have engaged themselves by Oath upon their bele●f of His Majesties Protestations to assist Him and His forces against the forces of Robert Earl of Essex Sir William Br●reton c. especially de future which is as large as c. and without limitation of lawfull are in this respect as guiltie as they that take this Oath This Oath differs much from the Oath ex Officio which you say is Popish for it is tendered not onely to suspected persons nor principally intended for the finding out of guilt or the punishment of guilty persons when found out though such like Oaths were in use Num. 5.19 Exod. 21.11 And now in Courts the person indicted doth plead guiltie or not guiltie and so either detects himself which is unnaturall or lyes which is Diabolica●l But to the whole Kingdom to binde them to the detestation and non-execution of the said or the like plot and to fidelitie for after times R. S. the Author of these Q●aere's doth I suppose refuse this Oath yet I hope he doth not hereby accuse himself to be conscious or guiltie of the said Plot. I may not especially by solemne Oath take Gods name in vain Quest 5 nor multiply Oaths to the same intent I took the Protestation to preven the ruine of Parliaments Kingdom and true Protestant Religion therefore this present Oath expressed to be to the same intent is needlesse and vain if not shew the necessity of it You say Answ but you prove not that the taking of this latter Covenant is a taking of Gods name in vain You see it is more large plain particular then the