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A48398 The life and death of Mr. Vavasor Powell, that faithful minister and confessor of Jesus Christ wherein his eminient conversion, laborious successful ministry, excellent conversation, confession of faith, worthy sayings, choice experiences, various sufferings, and other remarkable passages in his life and at his death are faithfully recorded for publick benefit : with some elogies and epitaphs by his friends. Bagshaw, Edward, 1629-1671.; Powell, Vavasor, 1617-1670. 1671 (1671) Wing L2003; Wing B418_CANCELLED 114,187 204

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Cardieffe the 13 of Jan. 1668. THe 13. of January 1668. in the afternoon the Jaylor was commanded to bring the aforesaid Prisoner to the Bar before Sir John A. Kt. H. H. and Dr. W. B. Esqs Sir Iohn A. spake to the Prisoner as followeth or to this purpose Sir Iohn A. Mr. Powel you have by Order of the Council had the Oaths of Allegiance and Supremacy already tendered unto you and now we tender them again unto you will you take them Mr. P. Sir I desire leave of you and the rest of the Bench as necessarily previous and antecedaneous to my answer that I may be satisfied first in two questions 1. Que. In what capacity doth the Law and you look upon one whether as a publick or private person If as a private person as I suppose it and you do then one of these Oaths by Law cannot be tendered to me 2. Quest What tender do you count this whether a first or second I have just cause to propound this Question for one of you that sits upon that Bench as I am credibly informed from one that hath seen his Letter hath informed the Council or some of them that the Oaths have been tendred twice before now to me and that I refused them with other things as false so that my taking of them now would be but as the Poet said Clipeum post vulnera sumo To take the Buckler after I am wounded Hereupon the Dr. knowing himself to be guilty did in great fury break out into several hasty expressions all tending to silence the prisoner and commanding that the Oaths be shew'd him and if he would not take them let the Jaylor take him P. Sir it do h not become a man of your learning or place to be so angry and the wrath of man doth not eff ct the righteousness of God and Sir if you will be Dr. Saul to persecute the truth and people of G d as you do I hope I shall be as Deacon Stephen to st●nd up for them and Dr. if you please let you and I either according to Law or Reason discourse this point and let the Bench and Court judge thereof Hereupon Dr. B. went away in a great fury to fetch a Lawyer as they said to answer him in omuch that some of the people called him D●ctor Fury which was afterwards fathered upon Mr. Powel though he did not say so Sir Iohn A. and the other two Justices moved Mr. Powel to take the Oaths again P. I beseech you Gentlemen give me leave to speak a few words first and then I shall directly answer you whether I can and will take them yea or no there being a little silence he went on and said These two Oath were framed and imposed as I suppose you well know the first of them viz. the Oath of Supremacy in the first year of Queen Elizabeth immediately after that hot persecution of the Papists in Queen Marys days and it was no doubt intended chiefly against Papists and to be a test and tryal of all persons that were admitted into or continued in any publick Offices either Temporal or Ecclesiastical The other Oath of Allegiance or Obedience was imposed upon that notorious act the Gunpowder Treason and the substance of both of them is to acknowledge the Queen or King of England to be the Supream Magistrates of these Kingdoms and that no Prince or Forraign power had any right thereto nor the Pope nor any other had power to dissolve or discharge any subject from their Obedience to the Queen or King and this power I do freely and heartily acknowledge and so far I do here declare if it gives you satisfaction Iustices said no you must take the Oaths as they are tendred P. Why may not that satisfie you which satisfied the King and his Council for in my Case stated and presented to them the last day before my discharge I did signifie that I was not free in Conscience to take those Oaths in the way they are now tender'd and yet they were pleased to grant me their Order for my discharge Sir I. A. But they did not know you refused the Oaths P. Yes Sir but they did as you may see if you please look upon this Copy of my Case which I presented to them which I desire you to read and their Order for my discharge and so Mr. Powel render'd them the Copy which they refus'd to receive Iustices But we have an Order from the King and his Council requiring you to take the Oaths P. Sir That Order was procured by false information against me to the Council which is punishable by the Law but I pray you let me see the Order that I may know what it requires and comport my self with their command as far as I can Sir I. A. No we will not shew it P. Sir Iohn the last time I was before you you would have had the Dr. to shew it and why should you now be against it I. B. Tender them unto him the Oath of Allegiance first or words to that purpose P. Do you require no more then the taking of that and shall the taking thereof be as the Apostle saith of an Oath an end of the strife Iustices Do you take that first and you shall know that afterwards P. Doth my liberty depend upon taking or not taking it Iust Do you take it P. Gentlemen you deal very strictly and severely and this is summum jus which is summa injuria for as our learned Casuists and Divines as Dr. Saunderson Mr. Perkins and others say that in taking of an Oath men must take them with respect to the Glory of God a mans own advantage or the good of another but as you tender this I cannot see how I do either if I take them for this Ordinance of God is made a snare to me for I am as a Martyr said imprisoned without cause and now this is made as a cause of detaining me there Be pleased Gentlemen to give me leave without offence to put you in mind of some words in your own Commission several times reiterated Thas you are to execute Justice secundum legem consuetudinem Regni nostri Angliae according to the Law Custom of England The Law of England doth not require that men should take the Oaths as often as every Magistrate pleases to tender them for as the L. Cook that was the glory of the Law shews in the 7th book of his Reports in the Case of Postnati Calvins Case a man is bound to take the Oath of Allegiance but once in his life time And for the custom of England it is not usual to imprison a man without cause as I have been or to impose upon men Oaths when and whilst they are prisoners unless they desire their liberty upon the account of taking them Dr. B. Upon this Dr. B. came in again in a great rage and said as some report why do you suffer him to bark at