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A52664 The nations address to the committee of grievances in Parliament for the taking off the corporation oath in behalf of all cities, towns-corporate, aldermen, bayliffs, burgesses, as also sheriffs, lord lieutenants, and deputy lieutenants of counties, ministers, and all others concerned for the repealing those acts, which impose the oath folowing. England and Wales. Parliament. Committee of Grievances. 1689 (1689) Wing N235A; ESTC R636 5,730 2

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THE NATIONS ADDRESS TO THE Committee of Grievances in Parliament For the Taking Off the CORPORATION OATH IN Behalf of all Cities Towns-Corporate Aldermen Bayliffs Burgesses as also of Sheriffs Lord Lieutenants and Deputy Lieutenants of Counties Ministers and all others concerned for the Repealing those Acts which impose the Oath following The OATH I A. B. do swear That it is not Lawful upon any pretence whatsoever to take Arms against the King. And that I do abhor that Traiterous position of taking Arms by his Authority against his Person or against those that are Commissionated by Him in pursuance of such Commissions And that I will not at any time endeavour any Alteration of Government either in Church or State. IN this Oath we have the Matter and the Form of Words that is the Substance and Composure And there are Three Parts of it The first Part is not consistent with Judgment The Second with Truth The Third with Righteousness I will take up the Last part First And I will not endeavour any Alteration of Government There is no Government on Earth so perfect that it has need of Laws like the Medes and Persians Government may be considered in the Administration according to Politicks or the Constitution The Word Government is set down here indefinitely without Distinction Alteration of Laws and so Government in the Adminestration is as necessary many times upon emergent occasions to the Body Politick as the fresh Air is to the Natural This Oath was once brought in to the Parliament to have been made common It were a thing not Righteous a destructire thing to have such an Engagement laid on persons in such a capacity It were injurious to have it laid on any Free-holders or Free-Subjects as we are The Constitution of our Nation as Parliamentary is such that no Law can be Established or Repealed but it must pass the House of Commons and so the whole Body concurr in their Representatives to every Alteration of or in the Government which is made if it be Legal No House of Commons but is Chosen by the People Every English-man is intended to be here present either in Person or by Procuration and the Consent of the Parliament is taken to be every Mans Consent says Sir Thomas Smith De Rep. Angl. l. 2. c. 2. Nay while the King Consilio Consensu Baronum Leges olim imposuit Universo Regno by the Counsel and Assent of his Barons did give Laws to his whole Realm Consentire inferior quisque visus est in persona Domini sui Capitalis pro ut hodie per Procuratores Comitatus every Inferior seemed to consent in the person of his Chief Lord as now they do by their Burgesses and Knights of the Shires says Sir Henry Spelman This is so true that in this sense it is that the Laws are said to be Quas vulgus elegerit Which the People shall choose Now then if every Free Subject hath a Fundamental Liberty to Choose Knights and Burgesses and accordingly to inform them of their Grievances and Petition them for Redress and in them as their Representatives do consent to the Alteration of Government and Laws if there be any pass as profitable to the Nation How can such an Oath be imposed on him That he will not endeavour any Alteration as this Is not Chusing Burgesses informing them Petitioning them Acting and Legally Consenting in them to this end An Endeavour and that as much as can be in their Place and Calling And no more than an Endeavour in their Place and Calling was Sworn in the Covenant It is true that New Laws was made and Old Repealed without Alteration of the Constitution but not without Alteration of Government because Government takes in both the Administration and Constitution Let us suppose the word Government confin'd only the Constitution This is the Constitution of the Government in the State which is a Legal Monarchy and this indeed we are so far bound from endeavouring to Alter now we are constituted a Common-wealth that I think it not alterable by the King himself and Parliament though it might be so little a while since when they were a Convention because the Supream Power for the Administration must be supposed in all Communities to be derived from and held by the Constitution But as for Government in the Church We are to know and to acknowledge the Constitution it self hereof is but a Law of the Administration in Reference to the State. And consequently when all Laws for the Administration are liable to the Regulations of Parliaments the great Question will remain How these men who are Presbyterian or Independant in their Judgment and think Episcopacy against the Scripture can be denyed the Endeavour only before mentioned which consists but in Choosing Representatives and doing no more than the Constitution allows in order to the Prosecution of what they think themselves obliged to in Conscience both by Oath and the Word of God Is not the Foundation Liberty of the whole People and our selves with them here in danger Judg ye that are Wise and what an Anointed Plot 〈◊〉 had here in the Nation that an Allegiance in effect should be Sworn to the Bishops as well as to the King by such Impositions For the Words then or Form I wonder at this Rigor in the Compiler that a man must Swear Not to endeavour any Alteration Had it not been enough to be Engaged not to endea any Alteration of the Substance of our Government Episcopacy in the Church and Monarchy in the State but it must be Not Any Alteration It were well that we were so absolutely perfect And again must we not at any time endeavour any Alteration What if times should turn and we be in a Confusion as in Cromwell's time and immediately after What if any such like chance or changes come Must these Men be bound up that they cannot endeavour to render back this Government that we have No not the King and the Bishops if the Iniquity of the Times should put them out for they have Sworn they will not at any time endeavour any Alteration of Government in Church or State. Sirs The Matter of this Obligation being against the Fundamental Freedom of the Subject and Parliament and the Words you see so ensnaring and that against the Duty all owe to the publick good I offer it to you to consider in the first place whether this last Part be according to Righteousness For the Middle part of the Oath Here is a Position of Taking Arms by the Kings Authority against any Commissionated by him which must be Sworn to as Abhor and Trayterous There is a Case that hath been always in the Mouths of the Understanding Refusers of this Oath and Subscription Suppose some Writ Sued out and comes to the Sheriffs Hands and suppose persons come to oppose the Execution by the Kings personal Command or Commission and he thereupon raises the Posse Comitatus upon them I