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A61516 A discourse of the nature and obligation of oaths wherein, satisfaction is tendered touching the non-obligation and unlawfulness of the oath called, the Solemn League and Covenant : the acknowledgement whereof, is required of us by a late act of Parliament, intituled, An act for uniformity : published as an appendix to the Peace-offering / by the same author. Stileman, John, d. 1685.; Stileman, John, d. 1685. Peace offering. 1662 (1662) Wing S5552; ESTC R16314 24,193 32

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and are therefore not to be estimated according to what lieth hid within in the mind but according to what flowes from the tongue in known and intelligible words The end of words is to testifie the hidden truth of the heart But when an Oath shall be added to these words and the Eternal Verity called in to witness that our tongues do faithfully declare our minds this is added to beget a firmer belief and to falsifie here is a greater sin a Truth which all men even the Heathen have received as Sacred * Vid. Sims Chron. Cath. in Perfic p 115. When Lacrates the Theban Captain besieged Pelusium in the behalf of the Persians at last it yielded upon terms and Oath was given that the Greeks yielding the Castle should go out safe with all their goods and be conveyed to their Countries Upon confidence of this faith given by Oath they yield but the Persian Souldiers under Bagoas the Kings Lieutenant coming in contrary to the Oath fall to Pillaging the poor Greeks they now can do nothing but bewail their misery complain of the Perjury calling on the gods to punish it But Lacrates who had made the terms and given his Oath in zeal to his Oath falls upon the Persians for whom he fought and protects the Greeks to whom he had sworne The Persians accuse Lacrates as taking part with the Greeks against them but the King who was then Ochus even the same who was Ahasuerus the husband of Hester hearing the cause justified Lacrates condemned his own Lieutenant B●g●as determined that those Persians were justly served and ordered further punishment should be taken upon them who ●o brake the Oath and pillaged the Greeks So Sacred a thing did that Barbarous King esteem an Oath to be There is no doubt then Sect. 14. but there is an high obligation by an Oath upon the soul But yet not such an obligation in every Oath as to bind the Sweater to an actual performance of it For it is no difficult matter to give instances of some Oaths that have been wickedly entred into and more wickedly kept And therefore we must consider as the nature so the several qualities of Oaths that we may better be able to judge when and how far they bind As to an Oath then Sect. 15. that we may neither sin in the taking nor in the keeping of it God hath given us this express command (k) Exod. 20.7 Thou shalt not take the Name of the Lord thy God in vain c. And for the preserving this Name of God from all prophanation which is much prophaned by rash inconsiderate irreligious Oaths by Perjury and by not performing our Oaths to the Lord yea and by doing upon pretence of an Oath what we ought neither to swear nor do The Prophet hath set this threefold boundary about all our Oaths (l) Jer. 4.2 Thou shalt swear in Truth Judgement and Righteousness i. e. Truly considerately and justly So that to every lawful Oath there are these three things prerequisite 1. Truth Sect. 16. That God be not invoked to a lye Here the Law is (m) Lev. 19.12 Thou shalt not swear by my Name falsly a crime (n) Isa 48.1 Jer 5 2. charged upon Israel as their sin For this is to make the Eternal Truth witness to a Lye and lay an impuration upon God to be as (o) Joh. 8.44 the Devil the Father and Factor of Lyes Here then we are obliged to sweat to nothing but what is True viz. to assert nothing but Truth and our hearts and words going together that we really endeavour to make good what we have sworne 2. Judgement Sect. 17. That we swear not rashly or inconsiderately but seriously consider what we swear and whose Name we invoke that an Oath may be taken with the greatest care discretion and deliberation Lest the Sacred Name of God be prophaned by idle light and customary Oaths or our selves irreparably snared by our inconsideratenesse as Joshua and Israel were (p) Josh 9.15 25. by swearing to the Gibeonites 3. Justice and Righteousnesse Sect. 18. To do nothing but what is just and honest lest we make God the countenancer of wickednesse and call in the most Holy to patronize impiety or injustice Such an unjust Oath was that of (q) 1 Sam. 14.39.44.45 Saul whereby he would have killed his son (r) 1 Sam. 25.22 of David to destroy Nabals house of the (s) Acts 23.12 fews to murder Paul The cause ground and matter of the Oath must be just honest laewful possible and consonant to the revealed will of God These three conditions must have place in all sorts of Oaths which are fully comprised under these two general heads 1. An Assertory Oath which is nothing else but a Deposition Sect. 19. that of which the Apostle speaketh when he saith that (t) Heb. 6.16 an Oath for confirmation is the end of strifes Which must be allowed as without which many controversies questions and suits of Law were indeterminable The use of this Oath is when we are called to witnesse and declare what we know of a thing past or present the truth whereof we are bound then by Oath to declare so far as we know In this the three forementioned conditions have place thus 1. Truth that we affirm or deny nothing but what we know infallibly evidently and certainly or if the thing be doubtful that we affirm or deny it but as such and venture no farther than a probability viz. that there be perfect truth in our words 2. Judgment viz. 1. That we remember it is the Oath of God an holy thing and not to be made profane or common nor taken but when by a lawful authority we are called unto it 2. In great and serious and weighty causes or matters of moment to which only it is fit to call down as by Oath we do the great God from heaven to be a Witnesse and Judge Nec Deus intersit nisi dignus vindicè nodus inciderit 3. Not out of any levity love hatred or any passion or perturbation of mind but a just and lawful necessity when no other way remains to prove the truth or put an end to controversies 3. Justice and Righteousnesse When we are justly called to take it and when we swear we swear from an honest heart Here Justice and Truth is much what the same These Oaths refering only to the time past or present the Truth in them is but single relating only to the time present or the Act of swearing viz. that this is Truth which we now depose The difficulties about these Oaths therefore are not many nor very implicate because thus their whole truths are immediately fulfilled in the present act and a farther obligation these have not But the most difficulty is concerning another sort of Oaths viz. 2. Promissory Oaths Sect. 20. Which have respect to the time to come and lay an
due to Him not as He is a Christian or Godly but as He is our King and to amend our lives and go before each other in the example of a real reformation c. Though I say we may be and are still obliged to all these things yet I think not from this Covenant but from other grounds and principles of more unquestionable authority yet we may make that acknowledgement as the Act requires which is not that there lies no obligation by the Covenant to endeavour these things but only No obligation to endeavour the alteration of the Government in Church or State i.e. No obligation to Sedition Rebellion or Opposition of the Laws which God hath commanded us to live under 2. Sect. 54. As to the latter part to be declared viz. the Unlawfulness of that Covenant it is only that it was an Unlawful Oath and though there may be many things to prove it so yet we are there required to acknowledge but this one The imposition of it contrary to the known Laws and Liberties of this Kingdom which must be acknowledged by those who themselves have declared that No new Oath can be imposed but by Act of Parliament which this never had as before was shewn Is it not undoubtedly true that there can be no Act of Parliament no Law without the Royal assent and was not this imposed without yea contrary to the Consent of His late Majesty then Reigning Disallowed still condemned and revoked now by His present Majesty yea condemned and disannulled by a Law of England an Act of Parliament So that it is most certain that It was an Unlawful Oath so far at least as concerns the manner of the imposition and the authority of the Imposers as Imposed upon the Subjects of this Realm against the known Laws and Liberties of this Kingdom And this is all that we are here required to acknowledge Let me but adde the determination of the Assembly of Divines then called together by the two Houses of Parl. and sitting at Westminster Sect. 55. in their Exhortation an next to that Covenant In answer to that Plea of the Clergy who might object They were sworne to obey the Bishops in Licitis Honestis and therefore could not take this Oath to extirpate them They conclude thus If there should be yet any Oath found into which any Ministers or others have entred not warranted by the Laws of God and the Land in this case they must tell themselves and others that such Oaths call for Repentance and not Pertinacy in them Now are there not many things in this Oath against the Laws of God is it not wholly against the Laws of the Land Where do the Laws of God or the Land warrant Subjects to extirpate an established Order and Government without the consent yea against the mind of their Soveraign Where do the Laws of God or the Land warrant any to prosecute those who according to their duty and Allegiance serve and labour to defend the Life the Person the Authority of the King and act by His Commission as Malignants and evil Instruments and to punish them as Traytours Sure I am it was an Oath much more against the Laws of God and the Land than any of those Oaths wherein the Subjects of this Realm were before engaged whether the Oaths of Supremacy and Allegiance or the Oath of Canonical obedience to the Bishops which are warranted by both can with any shadow of reason be pretended to be This Oath therefore even according to their determination calls for Repentance and not Pertinacy in it And really Repentance earnest Sest 56. unfained Repentance it doth call for We may too justly lament and take up the words of the Prophet Because of Swearing the Land mourneth The Land hath mourned under the Scourges of God and we have yet cause to fear lest God again make us feel the smart of his Rods Sure I am we have yet reason to mourn in sorrrow and compunction of heart for the sins of our Oaths besides those customary prophane Tavern and street-oaths of ungodly men for our neglect and breach of those Sacred ties of Allegiance and Supremacy which we had sworne and violated for those many unlawful Oaths and Engagements which were too rashly entred into and more sinfully kept O let us with tears in our eyes and contrition in our hearts earnestly beg pardon of our God whose name in these we have so often taken in vain and testifie the sincerity of our Repentance by a Conscientious returning to our duty in the careful practice of the strictest Piety to God unstained and constant Faith and Allegiance to the King our Soveraign and a chearful and ready obedience to the Laws upon us both in Church and State Thou hast now Reader my thoughts concerning this acknowledgement that we are to make of the Non-obligation Sect. 57. and Unlawfulness of the Covenant A I my design is Peace and Obedience and to offer what I am able to remove those doubts and stumbling-blocks that lie in the way and hinder both For those sober humble and conscientious men who yet dare not renounce that Coven●nt which though unadvisedly sworne they yet think to oblige and are therefore afraid to subscribe this Declaration prescribed I shall presume to hope they may find something in these papers that may satisfie their doubts remove their fears and convince them of their real duty that by their groundless scruples they may not make themselves uncapable of serving Christ and his Church in the Publick exercise of their Functions and Ministeries Read Ponder and Consider the matters before thee lay aside all passion and prejudice and the by-thoughts of a vain reputation let not men that have erred be ashamed to confess it but be more ashamed to persist in it Repentance is the next Door to innocency Quem paenitet peccâsse paenè est innocens We have suffered a sad shipwrack by our Follies and Sins Repentance is Secunda tabula post naufragium a Planck left by means whereof through Gods mercy we may yet get safe to shore and be happy again Si quid novisti rectius istis Candidus imparti si non his utere mecum FINIS