Lord of the Realme in the statutes made at Gloucester in the sixth yeare of the raigne of King E. 1. King Edw. 1 is acknowledged by the Parliament to bee their soveraigne Lord and so was King Edw. 2. King Edw. 3. King Rich. 2. and all the Kings since by all Parliaments held in their severall raignes as to the studious Reader of the Acts of Parliament made in their severall times will appeare by a Parliament held at Westminster Anno 7. Edw. 1. It is acknowledged to belong to the King through his royall signiory streightly to defend force of armour and all other force against the peace of the kingdome at all times when it shall please him and to punish them which shall do contrary according to the lawes and usages of this Realme and that thereunto they were bound to ayde him as their soveraigne Lord at all seasons when need should be In the raigne of King Edw. 2. The two Spencers Hugh the father and Hugh the sonne to cover the treason hatched in their hearts invented this damnable and damned opinion as it iâ— stiled in Calvines case That homage and oath of legeance was more by reason of the Kings Crowne that is his politique capacity then by reason of the person of the King upon which opinion they inforced execrable and detestable consequeâ—â—s First that if the King do not demeane himselfe by reason in the right of his Crowne the Peers are boundly oath to remove the King Secondly seeing the King could not be removed by suit of law that ought to be done by Aspertee which is as much as to say by force and war Thirdly that his Lieges were bound to governe in ayde of him and in default of him All which opinions were condemned by two Parliaments one held in the raigne of King Edward the second the other in the first yeare of King Edward the third cap. 1. as by the old printed statutes appeares by the statutes of 25. Edw. 3. cap. 2 It is ordained that if a man shall compasse or imagine the death of our soveraigne Lord the King or of my Lady his Queene or of his eldest sonne or if any man levy warre against the King in his Realme or bee adhered to the Kings enemies giving to them ayde or comfort in the Realme or elsewhere c. It shall be judged Treason It is reported to us by Sir Edward Coke in the fourth part of his Institut called The jurisdiction of Courts pag. 52. That Rotâ—lâ— Parliament Anno 17. Edw. 3. num 23. It was then agreed in Parliament that the statute made 15. Edw. 3. should be repealed and lose the name of a statute as contrary to the Lawes and prerogative of the King It appeares Rot. Parlia. 42. num 7. called Lex â—â— consuetudo Parliamenti cited by Sir Edward Coke in the fourth part of his Institutes pag. 13. 14. That the Lords and Commons in full Parliament did declare that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crowne whereunto they were sworne By the statute of 16. Rich. 2. cap. 5. King Richard the second is by the Parliament called their Redoubted soveraigne Lord and the people his liege people and by Parliament in the body of that Act It is acknowledged that the Crowne of England hath beene so free at all times that it hath been in subjection to no Realme but immediately subject to God and to none other in all things touching the regallâ—ty of the same Crownel notwithstanding that afterwards warres was lovyed against him by his subjects and he was against all Law and right deposed or enforced to make a surrender of his Crowne or at least they pretended he did so though some Hystorians doubt whether he ever consented to it being murthered to make way for King Hen. 4. who had very small pretents to the Crowne as men learned in the lawes of this Realme have in all time since held which kind of disposing of the Kings person I hope and beleeve is not meant by them and which horrid act though it gave some present security to some particuler persons that were then active in his destruction yet it cost this kingdome in generall very deare in the expence of blood and treasure in the succeeding times by bloody civill warres wherein the decay of men by those warrs was so great that many judicious Historians are of opinion that the number of men lost in those warres was not recruited or made up by a following progeny till the beginning of King James his raigne and it is to be feared that this blood is not expiated and dryed up in this land The gates of Janus Temple being opened both without the kingdome and within for the space of an hundred yeares and upwards till by Gods great goodnesse there came to be an union of the rights of the two houses of York and Lancaster to the Crowne of England in King Hen. 7. and Queene Elizabeth his wife though that till neare the middle of his raigne the sword was not altogether sheathed but there were some counterfeit pretenders to the Crowne which stirred the unconstant multitude to sundry rebellions which after some time of rest from those civill broyles The King Lords and Commons in Parliament upon full experience and consideration of the troubles past for the prevention of the like in future times thought fit to revive the ancient lawes of the Realme and to declare that by act of Parliament which was and had beene a fundamentall law of the Land and was before part of the common law thereof to enact and declare in the eleventh yeare of the said Kings reigne in the first chapter of the statutes made in Parliament in the said yeare in these words Anno Vndecimo Henrici septimi The King our sovereigne Lord calling to his remembrance the duty of allegiance of his subjects of this Realme and that they by reason of the same are bound to serve their prince and sovereigne Lord for the time being in his warres for the defence of him and the land against every rebellion power and might raised against him and with him to enter and abide in service in battaile if case so require and that for the same service what fortune ever fall by chance in the same battaile against the minde and will of the Prince as in this land sometimes passed hath been seene that it is not reasonable but against all lawes reason and a good conscience that the said subjects going with their sovereigne Lord in Warres attending upon him in his person or being in other places by his commandement within this Land or without any thing should lese or forfeit for doing their true duty and service of allegiance It is therefore ordeyned enacted and established by the King our sovereigne Lord by the advice and assent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authority of
name and by authority of the Kings highnesse and his heyres Kings of this Realme in all Shires Counties Counties palatine and other places of this Realme Wales and Marches of the same or in any other his dominions at their pleasure and wills in such manner and forme as Justices of Eire justices of Assise justices of Peace and justices of Goale-delivery be commonly made in every shire of this Realme any grants usages prescription allowance act or acts of Parliament or any other thing or things to the contrary thereof notwithstanding By the Statute of 1. Edw. 6. cap. 2. It is acknowledged that all authority of jurisdiction spirituall and temporall is derived and deducted from the Kings Majestie as supreame head of the Realme and that no Ecclesiasticall Court can be held within the Realme but by authority from his Majestie By the statute of 5. and 6. Edw. 6 cap. 11. It is recited Forasmuch as it is most necessary both for common pollicy and duty of the Subjects above all things to prohibit restraine and extinct all manner of shamefull slanders which might grow happen or arise to their sovereigne Lord the Kings Majestie which when they be heard seene or understood cannot but be odible and abhorred of all those sorts that be true and loving Subjects if in any point they may doe or shall touch his Majesty upon whom dependeth the whole unity and universall wealth of this his Realme c. By the Statute made in the second Parliament of the first yeare of Queene Mary cap. 1. It is acknowledged that the imperiall Crowne of this Realme with all dignities honours prerogatives authorities jurisdictions and preheminences whatsoever to the same united or annexed were descended unto Queen Mary and that by force and vertue of the same all regall power dignity honour prerogative preheminency and jurisdiction did appertaine and of right ought to appertaine unto her as to the soveraigne supreame governour and Queene of this Realme By the statute of primo Eliz. cap. 1. The Queenes right as belonging to the Crowne of England and are restored to her and the Oath of supremacie enacted and then made and by another Act made the same Parliament cap. 3. Intituled an Act of Recognition of the Queenes highnesse title to the imperiall Crowne of this Realme the whole Parliament acknowledgeth the Queenes right to the Crowne by lawfull discent and succession both by the lawes of God and the lawes and statutes of this Realme with all the rights prerogatives preheminencies and jurisdictions whatsoever belonging or appertaining to the same binding themselves therein by solemne oath to maintaine the title of her and her heyres thereunto Neither can I omit to remember that famous and never to bee forgotten Act of Recognition of his right to the Crowne of England made to King James our Kings Father in full Parliament in the first yeare of his reigne which that it may the more clearely appeare what it is I have here transcribed at large without addition or diminution of word or syllable as an Act to the observance whereof I am obliged and was bound in the loynes of myne Ancestors who were then representatively present in the same Parliament which act of Parliament is thus intituled A most joyfull and just Recognition of the immediate lawfull and undoubted succession descent and right to the Crowne The act it selfe is printed in the statutes at large in these words Anno primo Iacobi Regis Great and manifold were the benefits most deare and most gracious Sovereigne wherewith Almighty God blessed this Kingdome and Nation by the happy union and conjunction of the two noble houses of Yorke and Lancaster thereby preserving this noble Realme formerly torne and almost wasted with long and miserable dissention and bloody civill warres But more inestimable and unspeakable blessings are therby powred upon us because there is derived and growne from and out of that union of those two princely Families a more famous and greater union or rather a reuniting of two mighty famous and ancient Kingdomes yet anciently but one of England and Scotland under one imperiall Crowne in your most royall person who is lineally rightfully and lawfully descended of the body of the most excellent Lady Margaret eldest daughter of the most renowned King Henry the seaventh and the high and noble Princesse Queene Elizabeth his Wife eldest daughter of King Edward the fourth The said Lady Margaret being eldest sister of King Henry the eight Father of the high and mighty Princesse of famous memory Elizabeth late Queene of England In consideration whereof albeit we your Majesties most loyall and faithfull subjects of all estates and degrees with all possible and publique joy and acclamation by open Proclamations within few howres after the decease of our late Sovereigns Queene acknowledging thereby with one full voyce of tongue and heart that your Majestie was our onely lawfull and rightfull leige Lord and Sovereigne by our unspeakable and generall rejoycing and applause at your Majesties most happy Inauguration and Coronation by the affectionate desire of infinite numbers of us of all degrees to see your Royall Person and by all possible outward meanes have endeavoured to make demonstration of our inward love zeale and devotion to your excellent Majesty our undoubted rightfull leige Sovereigne Lord and King Yet as we cannot doe it too often or enough so can there be no meanes or way so fit both to sacrifice our unfained and hearty thankes to Almighty God for blessing us with a Sovereigne adorned with the rarest gifts of minde and body in such admirable peace and quietnesse and upon the knees of our hearts to Agnize our most constant faith obedience and loyalty to your Majesty and you royall Progenie as in this high Court of Parliament where all the whole body of the Realme and every particular member thereof either by person or by representation upon their owne free elections are by the lawes of this Realme deemed to be personally present To the acknowledgment whereof to your Majestie wee are the more deeply bounden and obliged as well in regard of the extraordinary care and paines which with so great wisedome knowledge experience and dexterity your Majestie fithence the imperiall Crowne of this Realme descended to you have taken for the continuance and establishment of the blessed peace both of the Church of England in the true and sincere Religion and of the Common-wealth by due and speedy administration of Justice as in respect of the gracious care and inward affection which it pleased you on the first day of this Parliament so lively to expresse by your owne words so full of high wisedome learning and vertue and so repleate with Royall and thankfull acceptation of all our faithfull and constant endeavours which is and ever will bee to our inestimable consolation and comfort We therefore your most humble and loyall subjects the Lords Spirituall and Temporall and the Commons in this present Parliament assembled doe from
Quia nullis claustris coercetur nullis metis refraenatur nullis finibus premitur it ought not to bee constrained or bridled with any bonds nor restrained to any place for a man though he may abjure his Country or his Kingdome yet he cannot abjure his Allegiance nay he cannot alien give a way or withdraw his allegiance from his King by the Law of nature to his Kings prejudice though he should gaine his liberty freedome of estate and honour or advancement unto the bargaine for St. Augustine saith nemo jure naturae cum alterius detrimento locupletior fieri debet no man by the Law of nature ought to be made richer by the losse of another but if I withdraw mine allegiance the King hath lost a subject therefore I may not doe it neither can the King release it to any of his subjects it being an inseparable accident adherent in the person of a King and is due omni soli semper to every King under heaven from his owne naturall subjects It is due to every King and alwaies to Kings and only to Kings by the Law of nature And it is only due to his person and not to his office which is only imaginary and invisible and no where formally to be found but in his person as by the said case of Calvin more fully appeares Hereupon I conclude that allegiance being due by the Law of nature to the Kings person and that I neither can abjure it nor alien it or withdraw it from him nor he release it to me and that it is only due to him and to no other I cannot take this oath and keep it without violation of the Law of nature and manifest injury both to my selfe and Sovereigne King Quia jura natura sunt immutabilia the Lawes of nature are immutable as before is observed and is plainly held forth by Bracton L. 1. cap. 6. Docter Stud. cap. 5. 6. And so from this point of the Law of nature I come to shew that this Negative Oath is absolutely against the knowne setled and established Laws of the Land the reason is because if I take it keep it it withholds me from the performance of my duty of allegiance which is due to my King from me by the Law of the land and so I am informed by the books of Law this tearm or word allegiance is rendred unto us under divers names in our Law bookes as sometimes it is called fides or faith as Bracton l. 5. Tract. de exceptionibus cap. 24. fol. 427. And so Fleta l. 6. cap. 47. Alienigena repelli debet in Anglia ab agendo donec fuerint ad fidem Regis Angliae Aliens ought to be kept from acting in England till they shall be of the allegiance of the King that is by endenization so Glanvil l. 9. cap. 1. Salva side debita domino Regi heredibus suis That is saving our faith or allegiance due to the King and his heires so Littleton l. 2. in chap. Homage where I doe my homage to my Lord Salve le foy du a nostre senior le Roy saving the faith which I owe to our Lord the King and in the Statute of 25. E. 3. De natis ultra mare these words faith and allegiance are coupled together as signifying one thing sometimes it is called obedientia Regis our obedience to the King as in the bookes of 9. E. 4. 6. 7. 2 R. 3. 2. And in the Statutes of H. 8. 14. cap. 2. and 22. H. 8. 8. and in the booke of 22. Ass pl. 25. it is called ligealty but by what name soever it bee called whether faith obedience ligealty or allegiance all is one it is due still from us subjects to our sovereigne Lord the King by the Statute of 10 R. 2. cap. 5. and 11. R 2. cap. 1. 14. H. 8 cap. 2. and many other the people are called liege people and by the Statute of 34. H. 8. cap. 1 and 35. H. 8 cap. 3. and divers other the King is stiled liege Lord of his subjects and these that are bound under the Kings power are called his naturall leige-men as in the 4. H. 3. Fitz. title Dower and 11. E. 3. cap. 2. So that I may conclude upon these authorities that Ligeantia est vinculum fidei dominâ— Regi our allegiance is the bond of our faith to the King which being so wee may well say of it as Sir Edward Cooke doth that ligeantia est legis essentia our allegiance is the essence of the Law and so it hath been often and sundry times declared by many sundry wise temperate and well advised Parliaments of England The government of Kings in this Isle of Britain hath been very ancient even as ancient as History it self for those who deny the story of Brutus to be true doe finde out a more ancient plantation here under Kings namely under Samothes grandchilde to Japhet the son of Noah from whom the ancient Britaines that inhabited this Land are according to their conceits descended Kings or Monarchs of great Britaine had and did exercise far more large and ample power and did claime greater Prerogatives over the people under their government and jurisdiction then the Kings of England have done since the Norman conquest as it is to be seen at large both in the Brittish Chronicles and records of these times and in our English histories and may also be gathered out of the writings of the Romans who invaded this Island and lived here upon the place and I doe not finde that ever the people of Brittaine made any of their Kings by election of voices or put them out at pleasure but that the Kingly government and right of the Crowne descended alwayes by hereditary descent and succession though in that infancy of Law and right it may be suspected that there was not so much regularity of justice or observation of right as in these latter more refined ages hath or ought to be I may boldly affirm and it cannot be denyed by any â—â—at hath read all the Chronicles and Statutes of this Realme that there hath beene any King of England since the conquest that hath not beene acknowledged by both houses of Parliament of their severall times to be soveraigne Lords of this Realme and their soveraigne Lords too although that some of those Kings were onely Reges de facto and not de jure Kings onely in fact and not of right and such as by the Lawes of England had no right to the Crowne and all the Parliaments since the conquest have acknowledged that the Crowne of England and the government of the Realme hath belonged to the Kings of hereditary right and not by election some of these Parliaments in more expresse and perticular manner then the rest and they of later times more amply then the ancient By the statute called Dictum de Kenilworth made 51. H. 3. King Hen. 3. is acknowledged to be
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
this Covenant to eradicate Episcopacy which hath been approved in the Church for the first 1500 yeares after Christs ascention by all men that have professed the name of Christ and was doubtlesse of Apostolicall institution if we may give credit unto the ancient Fathers and Chronologies of the Primitive times and make a League to set up Presbyterian government which was never so much as heard of in the Church under that notion for ought I can read till the revolt of the Towne of Genevah from their obedience unto the Duke of Savoy in the year of our Lord 1535. at which time they tooke occasion to change their old Religion and to expell their Bishops for countenance to their rebellion and called in Calvin a learned man of France bred up in the Civill Laws to be their Moderator in Divinity whom they after through their inconstancie banished and would have had a Bishop of the reformed Religion if they could have procured consecration for want whereof they recalled him againe upon second thoughts to perfect their new modell of Church-government which he there established as it happened in the yeare of our Lord 1541. as partly by his owne Epistles and more plainly by Mr. Hookers workes and by Franciscus Boninardus his writings to a Sebastian Minister and elsewhere appeares which kinde of Government as many learned men are of opinion is neither of Apostolicall institution nor example nor agreeable either to the primitive verity or regiment in the Church nor the true Christian liberty which the Saints of God doe challenge though I will not deny that there were both Elders and Presbyters in the Church of Christ in the Apostles times yet I take them rather to be a subordinate then a distinct degree from the Regiment of Episcopacy And therefore for mee that am not better satisfied in the discipline of Presbytery and more perswaded of the divine right of Episcopacy to take this Covenant were to act a sin of presumption against the perswasion of my conscience wherein I may be said to fight against God As for the preservation of the Rights and Priviledges of Parliament God forbid that I should not both sweare and covenant to maintaine them so long as the Houses move within their Spheare and steere their course by the knowne Chanels of the Lawes of England and launch not out into the maine of Arbitrary Government without scale or compasse so long I hold my selfe obliged with my life and fortune to mainetain them But whether all those things are priviledges of Parliament which are now pretended to be so or whether the Houses move in their proper Orbe without irregularity or deviation it being a matter of state which I being abroad cannot take so perfect notice of I leave it to you and other learned men who are in England to judge of it being more proper for you and those that are upon the place to give a determination of it then my selfe And as touching the preservation of the Kings Majesties person I hold it my duty to lay downe my life and fortune for it either in Active or Passive Obedience without any reservation or such restriction as is aforesaid whatsoever And I could wish for the worlds better satisfaction that the Houses would please to explaine themselves what the Religion and Liberties of the Kingdome are they mean by these words in the preservation and defence of the true Religion and Liberties of the Kingdome And as touching Incendiaries Malignants and evill instruments of all sorts I could wish they might be tryed by indifferent Judges lawfully constituted and by the knowne established Lawes of the Land and by those Lawes to be brought to condigne punishment But to enter into a Covenant or solemne League to defend the persons of those that shall take it in any other sence then what I have before expressed I doubt I may not lawfully doe it Another scruple I make whether this Covenant is not already broken by those that have taken it in the very Act of restraining the Kings Person and by taking away of his Authority from him and in other points I will not now insist upon if it so fall out in truth that it be already broken I ought not then to joyne in League and Covenant with those that lifting up their hands to the high God have sworne to maintaine and keepe the same and notwithstanding this their Oath have falsified their faith to him with whom if I should joyne my selfe I should say with the rebellious Jewes Hosea 10. 3. Wee have no King because wee feared not the Lord and what should a King doe to us And I should not only doe the same which they have done but should also favour them that do them making my selfe worthy of eternall death with those Covenant breakers which Saint Paul makes mention of Rom. 1. 30. 31. And thus much concerning the Covenant But truely Sir though I take not upon me to dispute the lawfulnesse of the power of both Houses to impose Oathes or Covenants upon the Kings people yet if I were in England and this Covenant or the negative Oath or any other Oath or Covenant were offered to me by way of imposition or constraint I doe confesse I should make these two objections against it the one is that which a wise and great Peere of this Realme now sitting in this present Parliament objected against that Oath which was offered to be imposed upon all the Members of the great Counsell at Yorke to wit that I may lawfully refuse to take or submit my se fe to any Oath that is not lawfully injoyned mee by Act of Parliament that is enacted and made a Law with full consent of the King Lords and Commons assembled in Parliament And the other objection I should make is this That if the King Lords and Commons with full consent in Parliament should enact a thing contrary to the Law and word of God and enjoyne all the Subjects of the Realme to take an oath to observe it I might lawfully and would refuse to take that Oath rather submitting my selfe to the punishment inflicted for not taking that Oath then committing so high a sinne of presumption against God and mine owne conscience as to sweare to observe a Law which is against his Law and his most holy Word and Commandement For we ought rather to obey God then man Act. 4. 19. 5. 29. And I am fully of this opinion that there ought not to be any other oath imposed upon the Subjects of this Realme then what is imposed and enjoyned by act of Parliament and that only concerning lawfull and indifferent things And when an oath is offered unto us so conditioned I am likewise of opinion that both my selfe and all other his Majesties subjects are bound to take it and observe it Now as concerning the Oath in question which is the Negative Oath which runnes in these words viz. I. A. B. doe sweare from my heart that I will
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