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A54581 The obligation resulting from the Oath of Supremacy to assist and defend the pre-eminence or prerogative of the dispensative power belonging to the King, his heirs and successors. In the asserting of that power various historical passages occurring in the usurpation after the year 1641. are occasionally mentioned; and an account is given at large of the progress of the power of dispensing as to acts of Parliament about religion since the reformation; and of divers judgments of Parliaments declaring their approbation of the exercise of such power, and particularly in what concerns the punishment of disability, or incapacity. Pett, Peter, Sir, 1630-1699. 1687 (1687) Wing P1884; ESTC R218916 193,183 151

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and defend all Privileges and Preheminences and Authorities granted or belonging to the King his Heirs and Successors c. But I doubt not but the Consciences of the Considerate Loyal now expostulating with them in the cool of the day whether they did then well in being angry with the Imposers sense of their Oaths and in not penetrating into the Obligations thereby incurred and particularly in not weighing whether such who had taken those Oaths and yet by Projects and Expedients would have banish'd the Heir even after he should come to be Actual Successor from the effects of their Sworn Allegiance and of their Sworn Assistance and Defence of all Privileges and Preheminences and Authorities granted or belonging c. had not visibly out-ran their Oaths they will recollect the late dreadful want of tenderness for the observance of the same It will be hard for many men on a serious Self-examination to reflect otherwise on themselves after that Sir W. I. himself as the Printed Speeches in the Oxford-Parliament have it call'd an Expedient of that kind Iesuite's Powder and mentioned that on the Heirs coming to the title of King the learned Lawyers say that by 1. H. 7. all Incapacity is taken away by the Possession of the Crown and after that another learned Lawyer had there said I owe the Duke Obedience if he be King but if he be King and have no Power to Govern he is the King and no King and had before said That an Act of Parliament against Common sense is void To make a man King and not suffer him to exercise Kingly Power is a Contradiction And I am sure 't is a Contradiction to nothing more then our Oaths I desire not by referring to the breach of those Oaths to touch the tenderness of any man's sore place or to reproach him as to what he hath done for the time past but to promote the tenderness of his Conscience and that his Conscience may not reproach him for the time to come for not assisting and defending all Privileges and Preheminences belonging to the Crown When I consider the noble and vigorous Loyalty that your self and others who were mistaken in the Point of the Exclusion have since shewn in the Service of His gracious Majesty and the great Care that you and they in the Post where you were took in the Settlement of his Revenue and of avoiding the Character of those of Israel who brought their newly anointed King no Presents and your read●…ness at his call to venture your life for the support of his Crown and do observe in you and them a fix'd Preparation of mind for the defence of every Privilege that is made to appear to you as belonging to the Crown and that your Loyalty like a bone well sett is the firmer for having been broken I account that the Si non e●…rasset fecerat ille minùs may be apply'd to you and that after His Majesty's Pardon and the Series of your Heroical Actions of Loyalty in his Service you ought by all equal Judges according to the Instance I mention'd before to be absolv'd as who in all things have approved your selves to be clear in this Matter And I believe you being one of the Church of England the Adherents to which do now as generally call themselves The Loyal as the Independents did once vocife●…ate themselves to be The Saints and the Principles of which Church do enjoyn Remorse and Penitence and rending of the heart and as much tenderness to any who have disrobed the Crown of any of its Rights and Privileges as was in David when his heart smote him because he had cut off the skirt of Saul ' s Garment and whose Divines do not only Preach the Doctrine of Non-resistance but whose Oaths bind to it and that of Supremacy binding to a positive Assistance of all Privileges c. your ●…nlighten'd Conscience will be your constant Remembrancer against any relapse A. I thank you for thus gently leading me by the hand to such a height of Noble thoughts relating to that Oath as from whence I am able to look back with grief on my past aberrations through inadvertence from what my Oath obliged me to in relation to the Support of the hereditary Monarchy and concerning which Obligation the Casuistical Discussion you sent me did sufficiently illuminate me and to take a prospect into my duty that lies before me to assist and defend to my Power all Iurisdictions Privileges c. granted or belonging to the King's Highness c. or united and annex'd to the Imperial Crown of this Realm I am sensible that as some vain Swearers in common Discourse will upon their being occasionally reproved for it be apt to swear that they did not swear and that as there are Fools that say in their Souls that there is no God and that there is no Soul so there is a sort of careless men who having taken this great Promissory Oath will yet by their Actions deny their having sworn to assist and defend some of those Privileges and likewise be apt to say in their hearts they have not invoked God as Witness and Revenger in the case of that Oath and that they are not absolutely bound by it or but only by their reserved sense or as if a man representing his Country he were only to take a kind of formal Oath in animam Domini and not to venture his own Soul. But for my part I account it as vile to be perjured in a solemn Promissory Oath as in a judicial Assertory one and shall hereafter think my self as much bound to use all exactness and tenderness in the recollection o●… my thoughts after a Promissory Oath as every Man of Honour doth before an assertory Oath when he is a witness in a Court of Law. And I think that it is only the multitudo peccantium about solemn promissroy Oaths as for example about the promised assistance and defence of the Privileges of the Crown in the Oath of Supremacy that diminisheth the Shame and ●…gnominy of mens being either through corrupt affections or incogitancy and the crassa negligentia which the Law makes to be dolus malus Vacillant or Contradictory in the Series of their actings promised or through lachesse or subdolcus pretences withholding their performance of part of what they obliged themselves to do and that keeps the populace from a nauseous looking on them as falsarii and as much as on Witnesses produced in Courts who in the things asserted by their Testimony are for want of precaution of thought varii vacillantes and contradictory to themselves and minglers of Falshood with truth and who conceal part of the whole truth they were to depose B. There is another thing that makes the Moral offices required in an Oath Promissory call for some kind of Consideration that an Oath Assertory doth not for we are not to depose o●… Matter of Law but only of Fact but in the Promissory parts