A Looking-glasse FOR THE PARLIAMENT Wherein they may see the Face of their UNJUST ILLEGALL TREASONOUS and REBELLIOUS PRACTICES 1 Against Almighty GOD 2 Against their KING 3 Against the Fundamentall LAWES of the Kingdome 4 Against their own Oaths and Covenants Argued betwixt Two Learned JUDGES the one remaining an exile beyond the Seas the other a Prisoner for his Allegiance and Fidelity to his KING and COUNTRY Printed in the Eighth yeer of the Parliaments Tyranny and Oppression 1648. To the Reader COURTEOUS READER WHosoever thou art that shalt peruse this insuing Discourse we desire thee to doe it with Candor and without prejudice of opinion before thou hast warily read it seriously consider it and advisedly weighed it and when thou hast so done if thou shalt approve of it practice it if thon doest not let us receive thy modest reproof in writing and informe us better by more learned and infallible Arguments of the truth in those grounds we have laid down to our selves and we shall hold our selves much obliged unto thee and remaine Studious to doe thee good D. I. R. H. Dated Feb. 7. An. D. 1648. A LOOKING GLASSE for the PARLIAMENT IVDGE SIR I Must confesse to you that I doe apprehend that there is a Legislative Power in the Parliament but I take it to be in sensu conjuncto not in sensu diviso in a sense when the KING is joyned to both Houses of Parliament not when he is divided from them either in his Will or Person For neither House by it self or both Houses together have Power to make a Law to binde the Subject without the Royall assent now the Legislative Power is nothing else but a Power to repeal old Lawes or to make new ones that shall binde the Subject neither can the KING by himself repeal any established or make any Law binding to the subject without the preparation or assent of both Houses not joyning with any one House make a Law or Ordinance to binde the other nor repeal any Law whatsoever and I am very confident you cannot shew me an authority in our Laws to the contaary But you will peradventure say That the KING will fully absent himself from both his Houses of Parliament and that thereupon his Power is inherent in and devolved to the Parliament If you should make this objection besides what you will finde hereafter expressed as touching this question the practice of all times shew the contrary for as on the one part if he be personally present with his Parl. yet he may be wilfully absent or absent in his will as if he answer to any bill promoted to him Le Roy sâ—avisera or the King will advise upon it it stands at present for a negation of the bill and thereby it is made incapable that Session to be an Act so on the contrary part if the King be absent from both Houses of Parliament in person hee may be present in his will that is if his person were at York and both Houses sitting at Westminster and they should send him Bills to signe which he should accept of and indorse this upon them Le Roy le Veut or the King wills this is an affirmation of those bills and makes them Acts of Parliament which not only proves that one or both Houses by themselves have not legislative power without the King for as to the making of Lawes they have but a preparatory power to frame and present bills for the Royall signature and approbation but also that if the King bee absent in person from them either willingly or by occasion of necessity his legislative power is not representatively lodged in or devolved unto one or both Houses of Parliament I will agree with that great lover of Parliaments and learned Father of the Law Sir Edward Cooke in the fourth part of his Institutes p. 6. That a Parliament cannot begin or be held but either in the Kings person or by representation By representation two wayes either by a Guardian of England by Letters-patents under the Great Seale when the King is in remotis out of the Realme or by commission under the Great Seale to certaine Lords of Parliament representing the Kings person he being within the Realme by reason of some infirmity so that we hereby conclude that the King is not represented in Parliament of common course but only by speciall Commission in one of these two causes in the first of which cases Edward Duke of Cornewall and Earle of Chester held a Parliament in 24. E. 3. for King Edw. the third And John Duke of Bedford brother and Lieutenant to the King and Guardian of England held a Parliament as Guardian of England in the fifth year of King H. the fifth and in the second case in 3. E. 4. a Parliament was begunne in the presence of the King and prorogued untill a further day And when William Arch-bishop of York the Kings Commissary by Letters-patents held the same Parliament and adjourned the same the cause of the said prorogation being because the King was inforced to goe into Glocestershire to represse a Rebellion there so in 28. Eli. Queen Elizabeth by her Commission did by her Letters-patents authorise John Whit gift Arch-bishop of Canterbury William Baron of Burleigh Lord Treasurer and Henry Earle of Darby to begin hold and prorogue a Parliament and this Commission is entred in the Journall booke of the Lords house over which is written Domina Regina representatur per comissionarios viz. That our Lady the Queene is represented by her Commissioners which precedents in both cases plainely prove that the King is not of course representatively in Parliament nor his power lodged there but by his speciall Commissions or Letters Patents which may suffice as to this point but for those parts of your motives that the power of both Houses is above the Kings you shall find answered unto hereafter And whereas you write that the Scots have delivered up the King and that he is a Prisoner and his Person at their disposition that the City and Parliament are united that the whole strength of the Kingdome is in their hands that Bishops will be rooted out their Lands sold and Presbyterian government setled which I conceive you alledge as arguments to perswade me to compound and take the Oathes you mention these are rather arguments of force and fraude by all zealous lovers of honour Justice and Piety to be resisted and withstood then of truth and reason tobe submittd unto and looke more like arguments of Sutors Hill then Westminster Hall but if you lay them before me as perswasions of feare and terrour I answer you in the words of King David that you may see how vaine these conceits are Psal. 2. The Princes of the earth stand up and take councell against the Lord and against his Anoynted saying Let us breake their bonds asunder and cast away their cords from us he that dwelleth in Heaven shall laugh them to scorne
with all manner of aid or assistance whatsoever by which places of Scripture and the approved interpretations thereupon it is manifest that both by the first Commandement of the second Table and by the precepts of our blessed Saviour and his Apostles we ought to aid and helpe the King with all manner of aid and assistance whatsoever such as we ought to yeeld to our parents if they were assaulted or in distresse unlesse as the hypocriticall Jewes did make the Commandement of God of none effect by offering a gift to the Temple which they called Corban and by taking an oath that they were not bound by that gift to help honor or aid their father and mother but that they might have profit by that gift so shall we make the Law of God and precepts of our blessed Saviour and his Apostles of none effect by this tradition of men This Negative Oath which would absolve us from our duty of subjection obedience to our King as if this oath were to his profit If we should not aid him or assist him where is our feare where is our honour where is our tribute where is our subjection shall we take upon us where the Scriptures enjoynes us duties in generall to say the Scriptures requires not this or that particular at our hands where those particulars included are in the generall But here it may be objected that the Kings warre against the Parliament is unlawfull and the Scriptures binde me not to the performance of any unlawfull thing therefore I may safely take this oath To this I answer I will not take upon me to determine the question of the lawfulnesse or unlawfulnesse of the Warre but leave that to the judgement of God Almighty who will one day determine on which side the justice of this War doth remaine but this I know that it is lawfull for the King being invaded to defend himselfe and that his subjects in such a ease are bound to assist him And if I bee perswaded in my conscience that the right of this war is on the Kings side I am bound to assist him in it whether the right be with him or not And this also I know that the head is over the members and not the members over the head and that I also and all his other subjects ought to performe if not active yet passive obedience to him in all causes at all times and in all places whatsoever Furthermore the Prophet Jer. saith Jerem 4. 2. Thou shalt sweare in truth in judgement and in righteousnesse Every oath ought to have these three speciall quallities it ought to be made in truth in judgement and in justice whereunto is opposed falsehood rashnesse and unlawfulnesse so that if the Negative Oath have any defect in any of these three particulars we are to lay it aside and not to take it as being unlawfull The nature of an oath is as a bond for God himselfe declares Numb. 30. 3. He that sweareth an oath and by it bindeth his soule with a bond shall not violate his word but doe according to all that proceedeth out of his mouth which is as much to say that he shall not take the name of God in vaine so that hereby I am bound if I take this Oath to performe it according to the letter and not to evade it by saying I take it in mine owne sense with a mentall reservation but I must doe it according to all that proceedeth out of my mouth if so then do I absolutely swear against that duty that I am enjoyned to by the Scriptures for I sweare not to adhere to or assist the K. in this War or this Cause directly or indirectly so that I may neither aid him in word or deed nay not so much as pray for his health or successe nor for the safety of his person that under him we may lead a quiet and peaceable life in all godlinesse and honesty though the Apostle S. Paul exhorts us in 1 Tim. 2. 2. to pray for Kings to that purpose Nay by mine oath I am obliged if I meane to keep it to stand by and see any souldier in the Parliaments Army to kill him and may not assist him to rescue his life wherefore if I doe observe this Oath I take it not in truth but to an unjust and unlawfull end and therefore take it not in justice and righteousnesse Secondly if I understand not what use may be made of this oath or what I shall be inforced to by it I take it not in judgement but rashly and unadvisedly and therein commit a grievous sinne Now I know not as this Oath is penned what interpretation may be made of it for if I take it I sweare that I will not directly nor indirectly adhere unto or willingly assist the King in this Warre or in this Cause against the Parliament nor any forces raised against thâ—t wo Houses of Parliament in this Cause or War First I know what will be interpreted an indirect adhering to the King or assisting of him Secondly I know not what is meant by this Cause or how far it may be extended Thirdly I know not in what sense they take these words against the Parliament whether they include the person of the King within the word Parliament or his power only excluding his person neither doe I understand what is meant by any forces raised against the two Houses of Parliament there being now no such forces in the Kingdome and the War at an end therefore understanding not the extent of these particulers I sweare rashly and therein commit a sinne of presumption if I take it And lastly if I take this oath I sweare to an unjust and unlawfull end for I sweare to withdraw mine obedience subjection and allegiance from him which is an unjust and unlawfull thing and to an ill end the same being due unto him by the Law of God as before is declared by the Law of nature the Law of the land and the law of reason as hereafter shall be proved To conclude this point in taking of Oaths we ought to take heed that we observe these rules of the learned Fathers that is as to Oaths which we take voluntarily and not by coertion or by any impulsive necessity Ita jurare ut sacramentum pietatis ne sit vinculum iniquitatis so to sweare that the Oath or Sacrament of godlinesse which wee take become not a bond of iniquity to our soules thereby to engage us in things unjust and unlawfull both against the Lawes of God and men And if we take rash Oaths to doe an evill thing penitenda promissio non perficienda presumptio we must repent of our oath and not commit the evill and if we are inforced to sweare that which is unjust and unlawfull and against the Lawes of God and men wee conceive our selves not bound thereby for Injusta vincula rumpit justitia Justice and equity breaks the bonds of such an Oath from our
the Lord shall have them in derision he shall bruise them with a Rod of Iron and breake them in peeces like a Potters Vessell Be wise now therefore O yee Princes be learned O yee that are Judges of the Earth What though many Oxâ—n are come about the King and fat Bulls of Rasan have closed him in on every side that gape upon him with their mouthes as if they were ramping and roaring Lions was not this good King Davids case Psal. 22. 12. was not he hunted after by Saul to destroy his life as a man hunteth after a Partridge in the Mountaines 1 Sam. 26. 20. did not his enemies lie waiting in his way on every side turning their eyes downe to the ground Like as a Lion that is greedy of his prey and as it were a Lions Whelpe lucking in secret places Psal. 17. 11. 12. They spake against him with false tongues compassed him about with words of hatred fought against him without a cause Psal. 109. 3. And Davids enemies kept him Prisoner too as out King is for they compassed him about Psal. 140. 9. Nay he complaines more heavily they that hate me without a cause are more then the haires of mine head they that are mine enemies and would destroy me guiltlesse are mighty Psal. 69. 4. Yet what of all this Are not there many promises held forth in the holy Scriptures to us that may assure a man of the smallest faith that the King shall be reestablished in his Throne and his enemies confounded for David assures us there is verily a reward for the righteous Doubtlesse there is a God in Heaven that judgeth in the earth Psal. 58. 11. and Psal. 9. The Lord is knowne by executing judgement the wicked shall be shared in the works of their owne hands for the poore shall not be alwaies forgotten the hope of the afflicted shall not perish for ever and to prove this he affirmes by way of evidence Psa. 27. 2. When the wicked even mine enemies and my foes came upon me to eate up my flesh they stumbled and fell and Psal. 30. He shewes his deliverance by his thanksgiving in these words I will magnifie thee O Lord for thou hast set me up and not made my foes to triumph over me thou hast turned my heavinesse into joy thou hast put off my sackcloth and giâ—ded me with gladnesse How then can I dispaire of our Kings deliverance and victory I hope I may without offence say that I beleeve our King is a parallell to David in his vertues and the justice of his Cause and therefore shall with David Psal. 21. conclude this point The King shall rejoyce in thy strength O Lord exceeding glad shall he be of thy salvation thou shalt give him his hearts desire and wilt not deny him the request of his lips and why Because the King putteth his trust in the Lord and in the mercy of the most highest he shall not miscarry And for the latter part of your Argument which is that either the King will signe the Propositions and so mine estate will be confiscated or if he doe not the Parliament will doe it by their Ordinances without him I answer that I feare not his Majesties consent to give away the estates of his Loyall Subjects but if he be a Prisoner as you signifie unto me by your letters that he is I feare not much that his assent to the Propositions can take away mine estate neither doe I hold it a peece of wisdome to presse his consent perdures to such Propositions for you that are learned in the Lawes know that such consent is not any way binding at all amongst common persons a fortiori in the Kings cause And for their disposing of mine estate by Ordinance without the Kings consent I must deale plainely with you it terrifieth me not at all for I am cleerely of opinion that no Ordinance without the Kings consent is binding to the people or can alter any property that I have in mine estate by the Fundamentall Lawes of the Land And if the King should consent to such an Ordinance it were onely binding till the first Sessions of the next Parliament and then to dye of it selfe if not againe revived which if I thought you doubted of I would take the paines to cleare it by citing you authorities sufficient in the point whereupon I doubt not but you wil infer that there can be no good assurance or sale made of the Bishops lands by Ordinance without the Kings Royall and personall assent nor that both or either House of Parliament can dispose of his Royall person by any Law of the Land and I hope God will never permit them to dispose of him otherwise then to re-establish him in his Throne againe and invest him with all his Royall powers and interests which by the knowne Lawes of the Land are due unto him and to make him a glorious King according to their severall Declarations Protestations oaths of Supremacie and Allegiance and according to their solemne League and Covenant all which Protestations Oaths and Covenants every Member of both Houses either by the Lawes or by their owne Orders hath or ought to take Now as concerning the Covenant if I understand it aright the principall ends of it are the setling of Presbyterian government in the Church the extirpation of Episcopacy the right and priviledges of Parliament the preservation of the Kings Majesties person and authority which is qualified with a clause of equivocation viz. in the maintenance of the true Religion and liberties of the Kingdome to bring Incendiaries and malignants or evill instruments to condigne punishment and lastly to assist and defend all those that joyn in that League and Covenant to the ends and purposes aforesaid These being the ends of the Covenant it is expedient that I should consider whether it be lawfull to take any Covenant tending to these ends for I will not dispute the legality or illegality of taking of Covenants in generall but whether without my King and his confirmation I may make any Covenant at all with any sort of people in this Land especially to abrogate any knowne and established Law of the Land Now to pull downe that government of Episcopacy which is established by divers acts of Parliament in this Kingdome to set up Presbyterian by force of Armes which is inconsistent with the Laws and Statutes of this Realme and without the Kings consent who by his office of divine appointment is the nursing father of the Church as Isaiah 49. 22. and by the Statutes of this Land acknowledged to be supreame Moderator and governour of the Church and Kingdome as hereafter is more at large declared I very much doubt and scruple whether I may doe it and the rather for this cause for feare lest joyning in an unlawfull Covenant haply I be found to fight against God as it was said in the case of the Apostles Act. 5. 30. for if I enter into
not directly nor indirectly adhere unto or willingly assist the King in this warre or in this cause against the Parliament nor any forces raised against the two Houses of Parliament in this cause or war And I do likewise sweare that my comming and submitting my selfe under the power and protection of the Parliament is without any manner of designe whatsoever to the prejudice or proceeding of this present Parliament and without the direction privity and advice of the King or any of his Councell or Officers other then what I have now made knowne So helpe me God and the Contents of this book I am much scrupled in my judgement and conscience whether it be not both against the Law and word of God against the Law of Nature against the setled knowne established and unrepealed Laws of this Kingdome against the Law of reason and against all reason conscience honour and pollicy either to take it or require it First this Negative Oath seems to me to be opposite to the word of God in restraining me from the performance and execution of a duâ—y to my King which by the Law and Word of God I am enjoyned to discharge towards him By me Kings reigne saith God Prov. 8. 15. therefore I cannot doubt of the lawfulnesse of their calling and that they are of divine right and institution the blessed Spirit of God speaking in Solomon Prov. 24. 2. Solomon exhorts his sonne that is every childe of God in these words My sonne feare God and the King and meddle not with them that are given to change or as some Translations have it that are seditious Here the Holy Ghost joynes God and the King under one feare or under one precept as if hee should say to feare the King is to feare God and unlesse thou fearest the King thou canst not feare God this is no unsound or improper inference for it is the will of God that thou shouldest feare the King wich will if thou performe not thou canst not be said to feare God Now feare in this place is only taken for subjection and obedience and this duty of thy obedience and subjection is as properly belonging unto the King as thy feare is to God which our most blessed Saviour Jesus Christ expresly declareth Matth. 22. 23. in these words Give unto Caesar those things that are Caesars and to God those things that are Gods and though the question were there only concerning Tribute and asked of the Pharisees and Herodians which were not naturall subjects to Cesar but onely brought under by conquest and force yet our Saviour exhorts the Jewes and Herodians to performe subjection to Caesar in paying the tribute due to him as well as to perform their duties towards God which saying of his though the wicked Jews thought to entrap him by the question yet could they not reprove it before the people because they were convinced of the truth of it by the light of nature having not faith to perceive the divine right that was couched in it and therefore they marvelled at his answer and held their peace as it is recorded Luke 20. 26. And though our blessed Saviour might have challenged an exemption from the payment of tribute as being free yet because he would not offend Caesar he caused Peter to pay tribute for them both as we may read Math. 7. 26. 27. St. Peter writing unto the strangers that dwelt in Pontus Gallatia Cappadocia Asia and Bithynia who were at that time under the dominion of the Roman Empire only by reason of their aboad and so owed but locall allegiance to Caesar exhorts them that they should submit themselves unto all manner of ordinance of man for the Lords sake whether it be unto the King as unto the superiour or unto governours as unto those that are sent of him for the punishment of evill doers and for the praise of them that do wel for so is the will of God that by weldoing ye may put to silence the ignorance of the foolish men 1 Pet. 2. 15. where we are to understand by the way that according to the Geneva notes upon that place by this word ordinance is meant the framing and ordering of the Civill government which the Apostle calleth the ordinance of men not because men invented it but because it is proper to men to exercise upon which place of the Apostle there are these things observable First that wee ought to submit to the King as superiour Secondly that where a government is Monarchicall as in England governours are sent by him and by him only for if governours had been to have been sent by any other the Apostle writing by the Spirit of God if their calling had been lawfull would not have omitted to have instructed those strangers to performe subjection and obedience to them Thirdly that it is the will of God that wee should submit our selves to the King as superiour Fourthly That in so doing wee doe well And fifthly That in doing this well we shall put to silence the ignorance of the foolish men that is to say of such who hold that subjection and obedience belongs not to Kings or such that seeke to withdraw us from ours wherefore as St. Paul saith Rom. 13. 5. we must be subject not because of wrath only or for feare of punishment but also for conscience sake for this cause wee ought to pay tribute to whom wee owe our tribute custome to whom custome feare to whom feare honour to whom honour is due in which words St. Paul coupleth together the whole duty of subjection and obedience which we owe to our King tribute feare and honour where in the first place we are to consider that St. Paul wrote those precepts to men as free in Christ as our selves and to Romans men of as much learning courage and warlike imployments as were any at that time or since in the world and men who not long before were brought from the subjection of a popular state to the obedience of a sole and sovereigne Monarchy neither must we forget that these percepts were written in the time of that heathen Emperour Nero which then ruled over the Romans and the most bloody tyrannous and persecuting Tyrant and enemy to the Church of Christ that ever was before or since his time And yet St. Paul tells those Christian Romans they must be subject for conscience sake and his doctrine was true and not without warrant from Gods owne mouth for let a King be never so wicked yet he is Gods ordinance upon us and being Gods Ordinance we are to obey him by his especiall commandement Ieroboam was a wicked Prince and an Idolater and caused Israel to fall away from God and to sacrifice to Idolls yet we finde that God sent Ahijab the Prophet unto him with this message 1 King 14. 7. Goe tell Jeroboam for as much as I have exalted thee from among the people and made thee Prince over my people Israell and God
sent Jehu with the like message unto Baasha as we read 1 of Kings 26. 2. And we read of Syrus the Assyrian heathen Emperour Isaiah 44. 28. where God saith of Cyrus He is my shepherd and shall performe all my pleasure and the 45 1. Thus saith the Lord to his anointed to Cyrus whose right hand I have holden to subdue Nations before him and verse the 5. of the same Chapter I am the Lord and there is none else there is no God besides me I guided thee though thou hast not knowne me God also calleth Nabuchaduezar that wicked idolatrous persecuting heathen King of Babylon his servant no lesse then three times in holy writ as we read Ier. 25. 9. 27. 16. and 43. 10. which severall places of Scripture doe clearly evidence to me that be the Prince or King never so wicked or Idolatrous be he never so unjust nay be he Pagan or Infidell God acknowledged them to be his owne ordinance upon his people nay and more commands his people to yeeld obedience to them as his ordinance upon paine not only of temporall destruction but of everlasting condemnation and this is proved unto us by that command of God given to his chosen people the Jewes Jer. 27. 12. Bring your neck under the yoke of the King of Babylon and serve him and live why will you dye thou and thy people by the sword by the famine and by the pestilence as the Lord hath spoken against the Nation that will not serve the King of Babylon therefore hearken not to the words of the Prophets that speake unto you saying Yee shall not serve the King of Babylon for they prophesie a lye unto you for I have not sent them yet they prophesie a lye in my name that I might drive you out and that yee might perish ye and the Prophets that prophesie unto you Nay God by the mouth of the Apostle St. Paul Rom. 13. 1. commands us upon paine of damnation to obey his ordinance in these words Let every soule be subject to the higher powers for there is no power but of God whosoever resisteth the power resisteth the Ordinance of God and they that resist shall receive to themselves damnation who these high powers are St. Peter tells us 1 Pet. 2. 13. Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreame or unto governours as unto those that are sent by him The King then is the highest power under God in his Realme and governours are sent but by him and therefore only to be obeyed because sent by him thus we see were our King an heathen an Idolater an unjust or perjured person yet he is Gods ordinance upon his people God so acknowledges wicked Princes to be nay commands obedience to them lest we be temporally destroyed Nay more then that lest we receive to our selves damnation What then shall I sweare not to serve honour submit unto and obey my most Gracious Sovereigne Lord King Charles a Christian King and anointed crowned nay my naturall King as religious just pious vertuous mercifull and wise a King as ever reigned over this Realme of England or at this time lives in the world without disparagement to any Prince or Potentate now living upon the face of the whole earth Marry God forbid for feare I receive unto my selfe damnation No I will with St. Peter 1 Pet. 2. 17. Feare God honour the King which words import a most holy ordinance eternall and indispensable and by us for no ordinance of man whatsoever to be omitted or by any Law to be discharged thus much in generall touching the duty that every Subject owes to his King by the Laws of God But if it be objected that these generall precepts inforce nothing in this particular case of the Negative Oath I answer they doe very pregnantly for the words of the Negative Oath are these I. A. B. doe sweare from mine heart that I will not directly nor indirectly adhere unto or willingly assist the King in this War or in this Cause against the Parliament In which words there is an inhibition of that duty to my King which by Gods Law and his holy Word I am enjoyned to performe towards him and if I sweare this oath I restraine my selfe thereby in part of that subjection and obedience which is due from mee to my Sovereigne for it doth not appeare by the Scriptures afore mentioned nor by any other that I know that there is any case whatsoever excepted wherein I ought not to pay tribute custome feare or honour to my King But in this case I engage my selfe by mine oath not to adhere or willingly assist the King in this Warre or in this Cause against the Parliament which is as much to say as I shall not pay him that is due to him by the Law of God and injunction of the Scriptures If it bee objected that the Scripture bindes mee not to assist the King or adhere unto him in matter of War I answer it doth though not in direct words yet in full effect and substance for within the precept of Peter 2. 17. Feare God honour the King And by the first Commandement of the second Table honor thy father and thy mother is included all manner of aid and assistance due to a King both in warre and peace which I prove thus The Geneva notes which I follow in the interpretation of Scriptures being most authenticall of any in these times of Reformation commenting upon the 20 Ezek. 12. on these words Honour thy father and thy mother expresse that by the parents also is meant all that have authority over us wherein the King is included and upon the 5 Chapt. of Deut. 16. verse upon the same words glosse thus not for shew but with true obedience and with due reverence and upon the 15. Chap. of Matth. and 4. verse where our blessed Saviour reproves the Jewes for not observing this Commandement by offering their Corban which in their case was much like this Negative Oath in ours saith thus unto them Honour thy father and thy mother and he that curseth father or mother let him dye the death but yee say whosoever shall say to father or mother by the gift that is offered by me thou maiest have profit though he honour not his father or mother shall be free thus have you made the Commandement of God of none effect by your traditions O hypocrites Esaiah well prophesied of you saying This people draweth neare unto mee with their mouth and honour me with their lips but their heart is farre from me but in vaine they worship me teaching for doctrine mens precepts The Geneva notes say that by honour is meant all kinde of duty which children owe to their parents and what that is both Arias Mountanus and Vatablus upon the same place interpret that Honarare est omni in memento supportare vel sustentare to honour is to support and helpe
Lord and King Therefore this Oath is against the Law of Reason Lastly whereas the Law of Reason is never changeable by any diversity of place or time and whereas mine Allegiance is due to my Sovereigne in all places in all cases and at all times I am forbidden by this unchangeable Law to change so unchangeable and unalterable a duty by such an unwarrantable Oath in these changeable times To conclude all in this point as it is against reason to take this Oath so it is against reason to require it of me for it is most unreasonable to offer any Christian man such an Oath as that by taking of it he must by perjury and sin of presumption as he is perswaded destroy his soule or by refusing of it because it is against his conscience to take it either by perpetuall imprisonment or starving destroy his body and estate And it is likewise most unreasonable for any men to offer this Oath to another that have not taken it themselves for by the rule of the civill Law l. in Aren. Quod quisque which is a branch of the Law of reason Quod quisque juris in alium statuerit ipsum quoque uti debere No man ought to impose a Law upon another which he himselfe hath not submitted unto I come now in the next place to make it appeare that I cannot take this Negative Oath with a good conscience Conscience as Doctor and Student well observes l. 1. cap. 15. T is the direct applying of any science or knowledge to some particular act of a man and of the most perfect and most true applying of the same to a mans particular actions follow the most perfect the most pure and the best conscience which enabled St. Paul by his right applying of the Law of God to the Actions of his life with confidence to plead his cause before the Counsell and to cry out men and brethren I have in all good conscience served God unto this day Acts 23. 1. And in the 24 14. being accused before Felix by the Jewes saith But this I confesse unto thee that after the way which they call heresie so worship I the God of my Fathers beleeving all things which are writ in the Law the Prophets And herein I indeavour my selfe to have alwaies a cleere conscience towards God and towards men whereby it is cleerly proved that the applying of the Scriptures and the knowledge of divine truth to the actions of ourlives is and ought to be the only direction to our consciences It is expedient then for the clearing of this point that I should set forth and consider the actions of my 〈…〉 to this particular which concernes some Allegiance â—â—â—â— then I doe well remember that when I was matriculated in the University I was sworne to be a faithfull and true Subject â—o the King and to beare him â—â—ue Allegiance Secondly I have taken thâ—… of Oath which I have particularly sâ—â— downe before thâ—â— I wâ—… and â—â—â—â— bearâ— to him of life and mâ—… and terreâ—… Thirdly I have foure times taken the Oath 〈…〉 enjoyned by the Statute of 1. Ehâ— cap. 1. and three 〈…〉 Oath of Allegiance enjoyned by the Statute 3 Iac. cap. 4. It rests now that I should apply that divine knowledge and science which I have obtained â—y reading of the Scriptures to thâ—se actions First then an Oath is to be carefully weighed before we take it â—…ch as 〈…〉 duty towards our King and 〈…〉 Eâ—â—les 8 â— Ecâ—… Preâ—câ—eâ— adviseth me thus 〈…〉 of the â—â—oâ—â—h of the King and to the Oath of 〈…〉 upon which placâ—… thus glâ—sse that is â—… King â—â—â— keepe the Oath that thou hast made for that cause 〈…〉 Zachary gives us this commandement from God Zach 8 17 â—â—t none of you imagine evill in your hearts against his neighbour and love no false Oath for all these are the things that I hate saith the Lord And our blessed Saviour in his Sermon in the Mount Matth. 5. 33. Delivers me this precâ—p Thou shalt not for sweare thy selfe but shalt performe thy Oathes to the Lord By applying of these Scriptures to my former Oathes I finde I cannot take this Negative Oath without a great sinne against God and trespasse against my conscience for having bound my selfe by so many severall former oathes made to my King to pay unto him mine Allegiance faith and truth to him of life and member and terreâ—â—â— honour and acknowledged him to be supreame Governour of this Realme how can I now withdraw mine Allegiance from him or sweare that I will not aide or assist him oâ— adhere unto him by this latter without manifest perjury breach of myne Oath to the King and by taking of a false Oath or the name of God in vaine by a questionable authority imposed upon me contradictory to those Oathes which by undoubted and lawfull power agreeable to the Lawes of God and the Realme I have already bound my conscience to the observance of It fareth not with us in Oaths as it doth in cases of Lawes Quod Leges posteriores priores contrarias abrogant That the latter Lawes repeale the former that are contrary unto them for in the case of Lawes the rule is admitted to bee true where both are constituted and made by the same power but it is cleane contrary in the case of Oathes for when a man hath taken a lawfull Oath by and from a lawfull authority though it be grounded upon humane or positive law onely as upon a Statute or the like that Oath is binding to his conscience untill the Statute that injoynes that Oath be repealed by the same power that made it and if he afterwards take a contradictory Oath to that former Oath before such repeale and a lawfull authority to take the same that Oath which he so takes is both unlawfull and false unlawfull in that it is against the law that warrants the Oath he hath before taken and false in regard that he ingages himself by that Oath to performe that thing which by the Law of God and conscience he is not enabled lawfully to performe so that till the lawes that impose upoÌ„ me the Oathes of Supremacy and Allegiance which I have taken be lawfully by the same power as they were made that is to say by the King Lords and Commons by Act of Parliament repealed And this Negative Oath by the same power of Act of Parliament imposed upon me I cannot submit my conscience to take that Oath without perjury and falshood Againe when a man hath taken an Oath to performe that which by the law of God and nature he is bound to performe as to obey his King or to honour his Father and Mother this Oath can never be abrogated or dispensed withall nor a man absolved from the duty of observance of it by any power under heaven and therefore if I shall take any Oath contradictory to the former Oathes of Allegiance and duty to my King which
duty and allegiance belongs to him from me by the law of God and nature as before is made manifest that Oath were utterly unlawfull and false by the lawes of God and nature and against conscience I conclude then that in conscience I cannot take this Negative Oath I learne likewise by Saint Paul Heb. 6. 16. That men verily sweare by him that is greater then themselves and an Oath for confirmation is an end of all strife and therefore Ioshua when he had made a league with the Gibeonites though it were grounded upon a fraude on their parts did omit to question them for it and forbore to breake the league with them to avoyde strife having confirmed that league with an Oath saying in that case Thus will we doe to them and let them live least the wrath be upon us because of the Oath which we sware to them Ioshua 9. 20. And by that law of an Oâ—h was Shâ—mei put to death by Solomon for walking out of the City contrary to his Oath because he had sworne hee would not goe out of it which he ought to have observed as a confirmation of his undertaking to Solomon and as an end of their strife as we findâ— 1 Kings 2. 43. c. and we finde a notable instance of the punishment of the breaking of the oath of Allegiance or subjâ—ction made by the King of Jerusalem to the King of Babel reported unto us by the Prophet Ezekiel Eze. 17 16. 18. in these words As I live saith the Lord he that is King of Ierusalem shall dye in the midst of Babel in the place of the King whose Oath he despised and whose covenant made with him he broke Neither shall Pharoah with his mighty hoast and great multitude of people maintaine him in the Warre when they have cast up Mounts and builded Rampires to destroy many persons for he hath despised the Oath and broken the Covenant yet he had given him his hand because he hath done these things he shall not escape The application of these Scriptures to my present purpose I make thus Is it so then that an Oath is taken for confirmation Is it so then that an Oath is and ought to bee the end of strife Is it so that God punisheth the violation of Oathes and that the greatest power on earth cannot protect a man against him I learne then by the rule of a well informed conscience to discerne that I ought not to breake my Oathes lawfully taken upon any grounds or pretence whatsoever Nay by this Oath I finde that if I take it I should in stead of an end of strife in my conscience incur great vexation through the horrour of the sinn as being an act unlawfull and because by it I have offended God in the breaking my former Oathes lawfully taken I should raise strife and trouble in my soule and conscience and great strife and perturbation of minde for feare of punishment I conclude therefore that I cannot take this Oath by the rule of Gods law with a sound and good conscience against the light whereof if I should take it I should declare my selfe either to be an Athoist in thinking there were no God to punish for sâ— great a wickednesse or else to imagine that he were either unjust and would not punish or unable and could not or so carelesse of the actions of men that he either not seeth or not regardeth their wicked acts which opinion even the very heathens confuted and rejected as you may finde at large in Tullys first booke De natura Deorum But if I were minded to bee so wicked as to lay aside all the former considerations of Religion nature law reason and conscience to gaine my estate which God forbid yet in honour neither my selfe nor any that have served his Majesty in this late War can take it as I conceive when I speake of honour I meane not that Membranall or Parchment honour of dignities and titles conferred upon men sometimes for money sometimes for affection sometimes for alliance to favorits sometimes for flattery â—uâ— most commonly more for some sinister respects then proper 〈…〉 by letters patents of Kings and free Princes but I meane that â—â—â—â—â—all honour that is inherent in every truly noble minde and direct it ends alwayes to that which is Lundabile honestum laâ—daolâ— just and honest of which honour the Poet Juvenallâ—â—iâ—h thus Nobilitas sola est atque unica virtus vertue is the onely â—â—ue nobility and in another place describing this kinde of honour in the person of a Father to his Son saith thus Malo pater ibi sit Thersites dummodo tu sis Aeacidae similis vulcaniaque arma capessas Quam tibi Thersiti similem producat Achilles That is that he had rather his son were the son of Thersites a base and ill conditioned fellow and were like Aeacides a person of great valour honour and justice then that he were descended of Achilles the noblest house of the Grecians and should be such a base fellow as Thersites the application is easie It is an honorable minde which makes a man honourable and it are his honourable actions which are the proper effects of vertue that render a man truly honourable and gaine him esteeme The Ethicke Philosophers say that Honor est plus in honorante quam in heâ—… there is more honour in him that gives the honour then in him that receives it or is honoured and it is true every way for as there is more honour in a King that bestowes it then in the subject that receives it from his Prince so is there more honour proceeds from him that bestowes it in report or esteeme upon him that deserves it for his noble and vertuous actions then there is in the party deserving it himselfe and the reason is plaine for let a man do never so many honourable actions yet if they are not esteemed â—y others he reaps not the fruit of his labours his honour is lesse though the actions in themselves be honourable then if they were esteemed This honour and esteeme is the life of every Souldier and Gentleman which if he once lose by any voluntary act of his owne he had as good lose his life Now for any man that hath served the King in his Wars for him to swear that he will no more aide nor assist the King in the War wherein he ingaged himselfe by his oath and upon his honour to serve him with his life and to his uttermost power it would lose that Souldier his honor and esteeme amongst all sorts of men amongst his owne party for deserting a cause they hold just amongst the adverse party for lightnesse and inconstancie as one that would not stand to his principles he should amongst all men get the opinion of a Coward or a base fellow that for feare of death punishment or perpetuall imprisonment would be starved into an oath or â—ut of his allegiance or of a Kâ—â—ve that to
redeeme his liberâ—y would sweare any thing therefore least I should gaine such an opinion and lose my esteem in the world being now brought into that condition that I must be a Souldier I cannot take this Oath by the rules of honour and as it is not honourable in me to take it for the reasons aforesaid so is it against honour that an oath that would bring so much inconveniency of losse of honour and esteeme amongst all men should be offered to any man Quia in juramentis administrandis dantis recipient is eadem est ratio idem jus In administring of Oathes the same reason and law ought to binde the giver as well as the receiver It is also against pollicy either to take or require this oath the life of a Souldier is his honour when that is lost his life is as good as lost by taking this oath a Souldier loseth his honour what King Prince or State will entertaine that Souldier in his pay that hath abjured his naturall Sovereigne Liege Lord or Masters service and allegiance his owne King will never trust him more the adverse party will not trust him nor any other Prince or State whatsoever and therefore in pollicy a Souldier ought not to take this oath And lastly there is no pollicy in pressing this oath upon any for the Parliament gaines no security by taking it for I thinke very few of the Kings party hold that Oath lawfull and then what security to the Parliament in it since no other thing can be expected from him of the performance of an oath given unto him that either doubts the power unlawfull that administred it or that holds the matter or thing he is bound to performe by his oath unlawfull that then he will keep such an oath no longer then till the first time he hath occasion or oppertunity to breake it Nay the same Religion or new light that hath taught him to break the Kings Oath will or may teach him to break the Parliaments Having now made my doubts according to my conscience if I come over and be made a prisoner because I will not take these oathes and covenants or suffer any other prejudice either in mine estate or person for declaring my conscience herein I would and in the case I am I will with holy Job content my selfe saying Naked came I out of my mothers wombe and naked shall I returne thither the Lord gave and the Lord hath taken away blessed be the name of the Lord Job 1. 21. Comforting my selfe with this of the Pâ—almist Who shall ascend into the hill of the Lord or who shall rise up in his holy place even he that hath cleane hands and a pure heart and that hath not lift up his minde unto vanity nor sworne to deceive his neighbour he shall receive the blessing of the Lord and righteousnesse from the God of his salvation Psalm 24. 3 4 5. And according to the instructions of St. Paul 1. Rom 12. 12. Shall rejoyce in hope be patient in tribulation and continue in prayers strengthened with all might according to Gods glorious power unto all patience and long suffering with joyfulnesse Colos. 1. 11. Knowing that all that will live godly in Christ Jesus shall suffer persecution 2 Tim. 2. 12. Taking the Prophets who have spoken in the name of the Lord for ensamples of suffering affliction and patience Jomes 5. 10. And accompting it alwayes thank-worthy if for conscience towards God I endure grief suffering wrongfully for even hereunto are we called because Christ also suffered for us leaving us an example that we should follow his steps 1 Pet. 19. 20. And in this resolution by Gods gracious assistance in peace of a good conscience and in all patience will I abide till my dissolution shall come looking for that blessed hope and appearing of that glory of that mighty God and of our Saviour Jesus Christ Tit. 2. 13. Chusing rather to suffer adversity with the people of God then to enjoy the pleasures of sin for a season Heb. 11. 25. For what shall it profit a man if he shall gaine the whole World and lose his owne Soule Mar. S. 36. In this opinion therfore will I abide putting my whole trust and confidence in God my Lord which executeth justice for the oppressed which gives bread to the hungry and loseth the prisoners for the Lord heareth the poore and dispiseth not his prisoners Psalme 66. 33. and 146. 7. To conclude Sir whereas you signifie unto me that you will returne me a satisfactory answer to my doubts from godly and learned Devines and men of judgement in the Lawes of the Land â— desire you that you will please to take advice only from such Devines as neither have renounced their Orders or obedience to their Ordinaries and such that are without partiallity or hypocrisie in this publique cause and from such Judges and learned Lawyers as serve not the times so much as the truth and such as have not mens persons in admiration because of advantage for I must deale plainly with you that there is great scandall in thâ—se forraigne parts upon the men of these professions it being reported of the first that they goe about to prophane and blespheme the Church their Mother with stigmaticall imputations of Antichristian impieties and thâ—â— the latter have adulterated the Lawes the Nurses that have fed them applying them to the humors and ends of those that have put them in authority and as the Prophâ—â— Mich. 3 9. saith abhorring judgement and pâ—vâ—rting all equity in that they take upon them to give sentence of death upon â—â—ose that have served his Majesty according to their duty of Allegiance in these â—at Waâ—s as fellons when they have but taken an horse or armes for the Kings service though they tooke them from those that were actually in armes against the Kings Majesty with an intention only to ayd his Majesty against those that had risen up against him and not animo furanâ—i or with a fellonious intent Nay we heare that some of the Judges lately put into Commission by both Houses of Parliament have delivered it for Law that such a one as hath served the King in these late wars or any such that they call Malignants may not sue for their rights and are incapable to receive justice though they be neither outlawed or committed that whatsoever they recover or purchase before they have made their Compositions ought to be seized on and sequestred to the use of the State I pray you Sir where or in what bookes of the Lawes of England do you reade of such definition of felony or inhabilities or incapacities of the Kings Loyall Subjects Mr. Littleton who reckons up all the inhabilities of the Subjects of England mentions none such neither are any such else where to be found but these men put the Kings Liege and loyall people into a worse condition then slaves villaines or aliens And yet they account it
Lawfull taking and no depredation when any man that hath served both Houses of Parliament in this late war hath plundered or taken any mans goods or estate from him that they did but imagine bare good affection to the King and give their judgements that it is lawfull to seize sequester nay to â—ell away mens estates that have served the King before they have legally convicted them of any offence O horrible perverting of judgement and justice if this be true I pray you sir may it not be saied of these men as the Prophet Amos 3. 10. saith They know not to doe right saith the Lord who store up violence and robbery in their Pallaces that turne judgement into Wormewood and leaâ—â— of righteousnesse in the earth Amos 5 7. and are not they such as Solomon speakes of Prov 4. 16. That they sleepe not except they have done mischiefe and their sleepe is takâ—n away unâ—â—sse they cause some to fall for they eat the bread of wickednesse and drinke the wine of violence or as David saith Ps. 58. 2. that weigh the violence of their hands in the earth But Sin I speake not this with referrence to you for I know you to be a man of learning and I heare that you are a man of moderation and I desire you since that you have taken that imployment upoâ— you to continue so Remember your Oath that thereby you are to dispence justice indifferently to the Kings people according to the knowne and established Lawes of the Land not by arbitrement oâ— fancy consider the infirmity of your Commission upon what hath been said before set before your eyes the mortallity of the 44 Judges remooved and put to death by King â—â—sâ—â—â—â— for violence injustice and câ—rrâ—pâ—â—â—â— acâ—â—d upon the people of this Land â—â— his â—â—me of whose offences and â—aâ—aâ—â—â—â—â—s you may read in Hâ—â—e his mirrour of Justices behold and weigh the punishment and dâ—â—â—â—ny of Sir Thomas Weyland Sir Râ—â—ph Hengâ—aâ— Sir Iohn Lâ—â—â—â—oâ— Sir William Bâ—â—mptâ—â— Sir Solomon Râ—câ—â—ster Sir â—icâ—aâ—â— Bâ—â—â—â—nd and their fellowes â—â—flected upon them for their injustice by King Edw. the 〈…〉 Consider the instability of all â—umane estates thinke not that you are in a sure and unqueâ—â—ioâ—able 〈…〉 but remember that Iob tells you Iob 1â— 18. That the Lord looâ—â—â—â— the bonds of Kingâ— and guirdeth their loynes wiâ—â— a gâ—â—dâ—e and I prov you take the counsell of the wâ—semâ—â— P. o. â—7 1. Boast not thy â—â—â—fe â—â— to morrow for thou knowest not what a day may â—â—ng â—oâ—th he â—â—k â— to St. Iames Jâ— 4 13 Goâ— to now yâ—e that say to day or to morrow wee will gâ—e into such a City and continue there a yeare and buy and sell and get gaâ—e whereas yâ—â— know not when shall be on the morrow for what is â—â—â—â— life it is even a valour that appeares for a little time and then vâ—â—â—sh â—â—â—way doâ— justâ—â—â— therefore and executeâ— gâ—â—â— us judgements rejoyce not in your 〈…〉 for all such 〈…〉 young iâ—â—vâ—ll and remember with the same Apostle that to him that knoweth â—â—â—â—â— good and doth it not to him it is sin I know you are learned in the Lâ—wâ—â— and a great Student in the holy Scriptures I therefore summe up all with these exhortations but of Gods holy Writ not only to you but to all the Judges of the â— no beginning it with the charge given by Moses to the Judges of Israel Heare the causes between your brethren and judge righteously between every man and his brother and the stranger that is with him yee shall not respect persons in judgement but you shall heare the small as well as the great you shall not be afraid of the face of man for the judgement is Gods Deut. 1. 16. 17 and with the good King Iehosaphat to his Judges 2 Cron 19 6. Take â—eed what you do for yee Judge not for maâ— out for the Lord who is with you in the judgement take likewise the Prophets instruction Esâ—y 1. 17. Learne to do well seek judgement relieve the oppressed judge the fatherlesse plead for the widdow and if these serve noâ— to perswade you heare Gods owne words Levit. 19. 15. you shall not do unrighteousnesse in judgement thou shalt not respect the person of the poore nor honour the person of the mighty But in righteousnes shall thou judge thy neighbour and â—xâ—d 23 6 thou shall not wrest the judgement of the poore in his cause nay more follow our blessed Saviours Precept Joâ—. 24. Judge not according to the appearance but judge righteous judgement that is according to your Oathes and the knowne and established Lawes of the Land if yee do otherwise you have our Saviours promise that you shall â—e are of it Mat. 7. 2. For with what judgement ye judge yee shall be judged and with what measure yee mâ—aâ—e it shall be measured to you againe The adversaries of the Lord shall be broken to pieces out of heaven shall â—e thunder upon them the Lord shall judge the ends of the earth and shall give strength uâ—to the King and exaâ—t the hoâ—â—â—â— of his Anointed for God himselfe is Judge Psal. 50 6. and he shall judge the world in righteousnesse Psal. 9. 8. to whose protection I commit you and to whom with our blessed Saviour Jesus Christ and the blessed Spirit be all honour and glory world without end Amen FINIS Negative Oath against the Lawe of God Negative Oath against the Law of nature Negative Oath is against the Law of England