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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A59760 The Sheriffs case whether, and how they may lawfully qualifie themselves for their holding the office, according to the Act for Corporations. 1681 (1681) Wing S3234; ESTC R28863 8,800 4

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warranted by the same to wit in a seditious way or in such manner as they did in the late Times when they endeavoured the Extirpation of Prelacy by force against and without the King's consent in Parliament which may be believed to be the assured sense of the Majority in the Houses when they passed this Act and so long as to do so * That the meaning of the Parliament in this Oath and Declaration was that we should declare it to be unlawful for us to do that now which they did then or as of late hath been practised to use the words of the Militia Act we are out of doubt but whether in the peculiar case of those times there was any thing might be lawful or any way justifiable to be done then when the King and Houses the One Corporation were divided and he had passed an Act not to Dissolve them without their consent which is a case never like to happen any more and so no danger to put it which now is certainly unlawful is a question we have nothing to do with and interpose nothing to offend any now may be acknowledged as assuredly to be unlawful and what ought to be disclaimed the offence must be over in the last part of the Oath also And that I will not endeavour any Alteration of Government either in Church or State to wit in any manner not warranted by the Constitution of the Land or any otherwise than by Act of Parliament We confirm this Exposition with one clear Reason The great thing intended by this Oath is the preservation of the Government in the fundamental Constitution against all Alteration But the Constitution of our Government being such in the foundation that whatsoever is needful or convenient to be altered it may be proposed to that end in Parliament to take away that Liberty which is universally radicated in the whole Nation in order thereunto were a piece of the greatest Alteration that could be and consequently never to be understood as intended by the Lawgiver As for the Solemn League and Covenant the Renunciation whereof is the second thing here imposed it is an Oath so long since in Being that 't is two to one but both these Sheriffs as well as the last never took so that they may safely say there lies no obligation upon them at all from it And as for others that did we humbly conceive that being taken in its Complex Consideration as it was pressed and used at that time for the engagement of People to the Extirpation of the Bishops and change of Church-Government without the King against His Consent and Publick Declarations and by Force it must needs be Unlawful and could not bind any body to do so and consequently we trust that such Gentlemen shall not offend God or any good Men if they farther subscribe this Declaration which is also required I A. B. do declare That I hold there lies no Obligation on me or on any other Person from the Oath commonly called The Solemn League and Covenant to endeavour any Change or Alteration of Government either in Church or State And that the same was in it self an unlawful Oath and imposed on the Subjects of this Realm against the known Laws and Liberties of the Kingdom By some of which last words it appears that this Oath was framed for the Subjects of the Realm we say that this Oath was in the meaning of the Imposers of this Declaration the Subjects Oath and consequently by the words or any other Person they must mean or any other Subject which appears also manifestly in the Preamble of that League We such and such under the King There is one part of it moreover express for the preservation of the King we do suppose therefore that though an Oath to the same main effect or one like it was imposed on this King by the Scots that Oath must be conceived another than this and not the very same being not so in every point but an Oath indeed as they call'd it to confirm the Covenant when He offer'd this very Exception against taking the Covenant it self because it was an Oath for the Subjects only And this being enough to save the Conscience in one chief Scruple and chiefest one we will gather up again what is said before into one Argument which we fix upon for a fuller satisfaction in regard to all others To own the King and his Authority in the same Oath and yet to swear to change the Government without His Will and against it is we think in it self unlawful Such an Oath was the Covenant and Quà unlawful it must be unobligatory And what indeed shall now hinder these Sheriffs to subscribe That there lies no obligation upon them or others from the Covenant to endeavour any Alteration of Government in that sense as they swear before that they will not endeavour any in the third clause of the Oath preceding For so long as the meaning of the Lawgiver is no other than That which is made to appear there upon the account given and the Endeavour which is here and which is there is the same out of doubt we do not see but the Reason which does satisfie any Man upon the Point about taking the Oath must be sufficient for the Declaration also In short There lyes no obligation upon any from this Oath to do as they sware it It is in it self unlawful to do so the Imposition of it was illegal In the Sacred Story concerning Rahab and the Spies it appears that no body can be engaged any farther by an Oath than what he agrees or consents to in the taking it Where he declares before-hand he will not be bound he is free We cannot tell how much larger or how much narrower a compass others may draw to themselves from that Instance than we but this we will say That upon the supposal of either of these Sheriffs making a Declaration for himself if this Paper will not serve when he takes the Oath and subscribes the Declaration enjoyned that he does it in this Meaning which we have all along expressed supposing it true and with these explanatory limitations to the Meaning if indeed in any thing it be otherwise we do apprehend that his Conscience may receive satisfaction thereby in its compliance with the Law in these Impositions which he cannot refuse without the refusal also of his Duty After this there is an Act of Parliament intituled An Act for preserving His Majesty An. 13. Car. 2. Regis c. 1. wherein this Covenant is declared peremptorily to be unlawful and null that gave one of the Sheriffs last year a peculiar satisfaction We argue from thence thus As we find in the Law of Moses when a Wife or a Daughter made a Vow if the Husband or the Father disallowed it that Vow was * We lay down this Rule here that if any man makes a Vow to God which he cannot perform without the consent of