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A62874 A serious consideration of the oath of the Kings supremacy wherein these six propositions are asserted. 1. That some swearing is lawful. 2. That some promissory oaths are lawful. 3. That a promissory oath of allegiance and due obedience to a king is lawful. 4. That the King in his realm, is the onely supreme governour over all persons. 5. That the king is the governour of the realm, as well in all spiritual or ecclesiastical things, or causes, as temporal. 6. That the jurisdictions, priviledges, preeminences, and authorities in that oath, may be assisted and defended. By John Tombes B.D. Tombes, John, 1603?-1676. 1660 (1660) Wing T1818; ESTC R220153 19,748 28

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the stubborn and evil doers The OATH of SUPREMACY briefly considered and the lawfulness of taking it asserted IT is questioned whether the Oath of the Kings being acknowledged Supreme Governour in all causes according to the Statute 1. Eliz. may be lawfully taken To which I answer affirmatively and thus argue If it may not be lawfully taken it is either because no Oath may be taken or no promissory Oath or no promissory Oath to a King or the matter of this Oath is not to be acknowledged or promised But none of these make it unlawful Ergo The consequence is proved because there is a sufficient enumeration made of things that seem to prohibit the taking of it if not let what else may make it unlawful be named The minor is proved by parts in confirming these six propositions I. That some swearing is lawful II. That promissory Oaths may be lawful III. That to swear to a King or Governour may be lawful IV. That the King is Supreme Governour over all persons in his Dominions V. That he is Governour in Ecclesiastical causes VI That the Iurisdictions Preeminences and Priviledges meant in that Oath may be lawfully acknowledge and defended The first is proved thus I. That which is not de toto genere in it's whole kind evil may be lawful But swearing is not de toto genere or in its whole kind evil Therefore some swearing may be lawful The major is manifest of it self The minor is thus proved That is not wholly evil about the use of which some directions are given by God God doth not give directions about the use of Blasphemy witchcraft idolatry c. which are in their whole kind evil But God giveth directions about the use of swearing as in the third commandment which is undoubtedly moral Jer. 4. 2. where he saith And thou shalt swear The Lord liveth in truth in judgement and in righteousness Ergo 2. That which is approved by God is lawful But some swearing is approved by God Psal. 63. 11. Every one that sweareth by God shall glory Ergo The major is of it self manifest the minor the text evidenceth sith the swearing by God is made part of glorying in God or of the swearers glory 3. If it were unlawful to use any Oath then it were unlawful to put any Oath on any But this is not to be said Ergo The consequence is manifest sith we cannot lawfully urge any to that which is of it self sinful Now that it is lawful to put an Oath on some persons at some times is manifest by Gods own appointment Levit. 5. 1. 4. his ratifying Solomons petition concerning this thing 1 King 8. 31. 2 Chr. 6. 22. and the practise of Abraham in the old Testament Gen. 24. 2 3. putting an Oath on his servant and Pauls in the New putting an Oath on the Thessalonians 1 Thes. 5. 27. for so the Greek word translated I charge you by the Lord or adjre you as it is in the margin by the Lord is I put the Lords Oath on you or swear you that this Epistle be read to all the holy brethren Alike charges are 1 Tim. 6. 13. 2 Tim. 4. 1. 4. That which hath been the practise of the godly before under the law and in the times of the Gospel without reproof is lawful for in all these times and by such men moved as they were by Gods spirit even in their holy speeches and writings it would not have been done had it been sinful But some swearing hath been the practise of the godly before under the law and in the times of the Gospel as is proved by instances as of Abraham that lift up his hand to the most high God Gen. 14. 22. of Isaac Gen. 26. 31. of Jacob Gen. 31. 53. under the law of the people of Israel Josh. 9. 19 20. of David and Jonathan 1 Sam. 20. 3. 42. David to Saul 1 Sam 24 22. of Urijah 2 Sam. 11. 11. of Ittai 2. Sam. 15. 21. of David 1 Kings 1. 29 30 2. 8. of Solomon Vers. 23. of Elijah 1 Kings 17. 1. of Michajah 1 Kings 22. 14. of Elisha 2 King 2. 4 6. and 3. 14. and 5. 16. and the woman of Shunem 2 King 4. 30. in the times of the Gospel of Paul 2. Cor. 1. 18. using this Oath As God is true verse 23. I call God to record upon my soul and 11. 31. and 12. 19. 1 Cor. 15. 31. this is a form of swearing By your rejoycing which I have in Christ Jesus it being in the Greek {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which is a particle of swearing not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} or {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which are prepositions noting the means or instrument of the effect of the Angel Revel. 10. 6. who sware by him that liveth for ever The like are Rom. 1. 9. 9. 1. Gal. 1. 20. Philip 1. 8. Ergo 5 That which hath a necessary use for the benefit of humane society is not unlawful But some swearing hath a necessary use for the benefit of humane society Ergo The major is plain it agreeing with the law of nature and nations which is of necessary use for the benefit of humane society which laws God the author of nature hath imprinted in all and indeed hath made all his laws for men one towards another subservient thereto The minor is plain from the words of the Author to the Hebrews Chap. 6. 16. An Oath to men is an end of strife which is a necessary use for humane benefit 6. That which hath been counted by all nations as a Sacred thing a principal part of the acknowledgement and worship of God is not unlawful of it self But so hath some swearing been counted Ergo The minor is proved by Gods own words Deut. 10. 20. Thou shalt fear the LORD thy God him shalt thou serve and to him shalt thou cleave and swear by his name The second That promissory Oaths may be lawful is thus proved 1. That is not altogether of it self evil or unlawful which God makes a bond of the soul to be kept and performed to the Lord But some promissory Oaths God makes a bond of the soul to be kept and performed to the Lord Ergo Some promissory Othes may be lawful The major is proved because that which is altogether unlawful cannot bind the soul to God nor is to be kept and performed to the Lord The minor is proved from Numb. 30. 2. If a man vow a vow unto the Lord or swear an Oath to bind his soul with a bond he shall not break or profane his word he shall do according to all that proceedeth out of his mouth Matth. 5. 33. Again ye have heard that it hath been said by them of old time Thou shalt not forswear thy self but shalt perform unto the Lord thine Oathes where a promissory Oath is made a bond to bind the soul with to be kept and performed to the Lord 2.
If holy men afore the Law under the Law in Gospel times have put promissory Oaths on others then they are not altogether unlawful This is proved by the same reason by which the like consequence is proved before in proving the fourth argument of the former proposition But holy men afore the Law as Abraham Gen. 24. 2. 3. under the Law as Moses Deut. 29. 14. Jonathan 1 Sam. 20. 17. Asa and the people of Israel 2 Chron. 15. 12 13 14 15. Ezra Ezra 10. 5. in Gospel times Paul 1 Thes. 5. 27. adjuring the Thessalonians by the Lord that that Epistle be read to all the holy brethren have put promissory Oaths on others Ergo 3. That which godly men have practised and still counted as well done that is lawful But some promissory Oaths godly men have practised and still counted as well done Ergo The major is probable and in this case considering the persons and the holy Ghosts recording as he hath done certain The minor is proved by instances of David Psal. 119. 106. I have sworn and will perform it that I will keep thy righteous judgements 1 Sam. 20. 42. And Jonathan said to David Go in peace forasmuch as we have sworn both of us in the name of the Lord saying The Lord be between me and thee and between my seed and thy seed for ever Nehem. 10. 29. They clave to their brethren their nobles and entred into a curse and into an Oath to walk in Gods Law 1 King 1. 29 30. And the king sware and said As the Lord liveth that hath redeemed my soul out of all distress even as I sware unto thee that by the Lord God of Israel assuredly Solomon thy son shall reign after me and he shall reproof is lawful for in all these times and by such men moved as they were by Gods spirit even in their holy speeches and writings it would not have been done had it been sinful But some swearing hath been the practise of the godly before under the law and in the times of the Gospel as is proved by instances as of Abraham that lift up his hand to the most high God Gen. 14. 22. of Isaac Gen. 26. 31. of Jacob Gen. 31. 53. under the law of the people of Israel Josh. 9. 19. 20. of David and Jonathan 1 Sam. 20. 3. 42. David to Saul 1 Sam. 24. 22. of Urijah 2 Sam. 11. 11. of Ittai 2 Sam. 15. 21. of David 1 Kings 1. 29 30. 2. 8. of Solomon Vers. 23. of Elijah 1 Kings 17. 1. of Michajah 1 King 22. 14. of Elisha 2 King 2. 4. 6. and 3. 14. and 5. 16. and the woman of Shunem 2 King 4. 30. in the times of the Gospel of Paul 2 Cor. 1. 18. using this Oath As God is true vers. 23. I call God to record upon my soul and 11. 31. and 12. 19. 1 Cor. 15. 31. this is a form of swearing By your rejoycing which I have in Christ Jesus it being in Greek {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which is a particle of swearing not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} or {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which are prepositions noting the means or instrument of the effect of the Angel Revel. 10. 6. who sware by him that liveth for ever The like are Rom. 1. 9. 9. 1. Gal. 1. 20. Philip 1. 8. Ergo 5. That which hath a necessary use for the benefit of humane society is not unlawful But some swearing hath a necessary use for the benefit of humane society Ergo The major is plain it agreeing with the law of nature and nations which is of necessary use for the benefit of humane society which lawes God the author of nature hath imprinted in all and indeed hath made all his laws for men one towards another subservient thereto The minor is plain from the words of the Author to the Hebrews Chap. 6. 16. An Oath to men is an end of all strife which is a necessary use for humane benefit 6. That which hath been counted by all nations as a Sacred thing a principal part of the acknowledgment and worship of God is not unlawful of it self But so hath some swearing been counted Ergo The minor is proved by Gods own words Deut. 10. 20. Thou shalt fear the LORD thy God him shalt thou serve and to him shalt thou cleave and swear by his name The second That promissory Oaths may be lawful is thus proved 1. That is not altogether of it self evil or unlawful which God makes a bond of the soul to be kept and performed to the Lord But some promissory Oaths God makes a bond of the soul to be kept and performed to the Lord Ergo Some promissory Oaths may be lawful The major is proved because that which is altogether unlawful cannot binde the soul to God nor is to be kept and performed to the Lord The minor is proved from Numb. 30. 2. If a man vow a vow unto the Lord or swear an Oath to binde his soul with a bond he shall not break or profane his word he shall do according to all that proceedeth out of his mouth Matth. 5. 33. Again ye have heard that it hath been said by them of old time Thou shalt not forswear thy self but shalt perform unto the Lord thine Oaths where a promissory Oath is made a bond to binde the soul with to be kept and performed to the Lord 2. If holy men afore the Law under the Law in Gospel times have put promissory Oaths on others then they are not altogether unlawful This is proved by the same reason by which the like consequence is proved before in proving the fourth argument of the former proposition But holy men afore the Law as Abraham Gen. 24. 2. 3. under the Law as Moses Deut. 29. 14. Jonathan 1 Sam. 20. 17. Asa and the people of Israel 2 Chron. 15. 12 13 14 15. Ezra Ezra 10. 5. in Gospel times Paul 1 Thes. 5. 27. adjuring the Thessalonians by the Lord that that Epistle be read to all the holy brethren have put promissory Oaths on others Ergo 3 That which godly men have practised and still counted as well done that is lawful But some promissory Oaths godly men have practised and still counted as well done Ergo The major is probable and in this case considering the persons and the holy Ghosts recording as he hath done certain The minor is proved by instances of David Psal. 119. 106. I have sworn and will perform it that I will keep thy righteous judgements 1 Sam. 20. 42. And Jonathan said to David Go in peace forasomuch as we have sworn both of us in the name of the Lord saying The Lord be between me and thee and between my seed and thy seed for ever Nehem. 10. 29. They clave to their brethren their nobles and entred into a curse and into an Oath to walk in Gods Law 1 King 1. 29 30. And the king sware and said As
A SERIOUS CONSIDERATION OF THE OATH OF THE Kings Supremacy Wherein these six Propositions are asserted 1. That some Swearing is Lawful 2. That some promissory Oaths are Lawful 3. That a promissory Oath of Allegiance and due obedience to a King is Lawful 4. That the King is His Realm is the onely Supreme Governour over all persons 5. That the King is the Governour of the Realm as well in all Spiritual or Ecclesiastical things or causes as temporal 6. That the Jurisdictions Priviledges Preeminences and Authorities in that Oath may be assisted and defended By John Tombes B. D. Prov. 23. 21. My son fear thou the LORD and the King and meddle not with them that are given to change LONDON Printed by Henry Hills living in Aldersgate-street next door to the sign of the Peacock To the Christian Readers BEing by special Providence brought hither upon some occasions of mine own and finding many persons of different perswasions scrupling the taking of the oath of Supremacy now beginning to be urged by reason of their unacquaintance with it through the long disuse of it by various conferences I convinced sundry of them that the end and matter of the oath was not such as they imagined Whereupon some persons tender of the publique peace and the liberties of those doubting persons who still remained unsatisfied earnestly pressed me to draw up something in writing tending to the elucidation of this doubt which I was unwilling to do being absent from mine own Books and Collections and hoping to have staid here less time then I am now necessitated to do yet the instant pressure hath drawn from me this writing though short and indigested it being conceived useful in this juncture of time wherein if I be offered on the sacrifice and service of your faith I joy and rejoyce with you all as being studious not how to have dominion over your faith but to be a helper of your joy For which and I crave your prayers who am London Oct. 13. 1660. Your brother and servant in Christ John Tombes The OATH of SUPREMACY as it is in the Statute 1. Eliz. Cap. 1. I A. B. do utterly testifie and declare in my conscience that the Queens Highness is the only supreme Governor of this Realm and of all other her Highness Dominions and Countreys as well in all Spiritual or Ecclesiastical things or Causes as Temporal and that no forreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm and therefore I do utterly renounce and forsake all foreign Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Queens Highness her Heirs and lawful Successors and to my power shall assist and defend all Iurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book The Proviso in the Statute of 5. Eliz. Cap. 1. PRovided also That the Oath expressed in the said Act made in the said first year shall be taken and expounded in such form as is set forth in an Admonition annexed to the Queens Majesties Injunctions published in the first year of her Majesties Reign That is to say to confess and acknowledge in her Majesty her Heirs and Successors none other Authority than that was challenged and lately used by the noble King Henry the eighth and King Edward the sixth as in the said Admonition more plainly may appear The Admonition annexed to the Queens Injunctions THe Queens Majesty being informed that in certain places of this Realm sundry of her native Subjects being called to Ecclesiastical ministery in the Church be by sinister perswasion and perverse construction induced to finde some scruple in the form of an othe which by an Act of the last Parliament is prescribed to be required of divers persons for the recognition of their Allegiance to her Majesty which certainly neither was ever ment ne by any equity of words or good sence can be thereof gathered Would that all her lovyng Subjects should understand that nothing was is or shall be ment or intended by the same othe to have any other duty allegiance or bonde required by the same othe then was acknowledged to be due to the most noble kynges of famous memory kyng Henry the viii Her Majesties father or kyng Edward the sixth Her Majesties brother And further Her Majesty forbyddeth all manner Her subjects to give ear or credit to suche perverse and maliciouse persons which most sinifferly and maliciously labour to notify to her loving subjects how by the words of the sayde othe it may be collected the kings or Queens of this Realm possessours of the Crowne may challenge aucthority and power of ministrie of divine offices in the Churche wherein Her said subjectes be much abused by such evyl disposed persons For certainly her Majesty neither doth ne ever wyll challenge any other aucthority than that was challenged and lately used by the sayde noble kinges of famous memorye king Henry the eight and kynge Edward the sixt which is and was of ancient time due to the Imperial Crowne of this Realm That is under God to have the soverainty and rule over all maner persons born within these Her Realms Dominions and Countries of what estate either ecclesiastical or temporal soever they be so as no other forrain power shall or ought to have any superioritie over them And if anye person that hath conceived anye other sence of the fourm of the sayde othe shall accept the same othe with this interpretation sence or meaning Her Majestie is well pleased to accept every such in that behalf as her good and obedient subjects and shall acquit them of all maner penalties conteyned in the said Act against such as shall peremptorily or obstinately refuse to take the same othe The 37. Article professed in the Church of England The Kings Majesty hath the chief power in his Realm of England and other his Dominions unto whom the chief government of all Estates of this Realm whether they he Ecclesiastical or Civil in all Causes doth appetain and is not nor ought to be subject to any forrain jurisdiction where we attribute to the Kings Majesty the chief government by which titles we understand the mindes of some standerous folks to be offended we give not to our Prince the ministring either of Gods Word or of the Sacraments the which thing the Injunctions also sometime set forth by Elizabeth our late Queen do most plainly testifie but that onely Prerogative which we see to have been given to all godly Princes in holy Scriptures by God himself that is that they should rule all estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the civil sword