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A77755 Certain queries concerning the lawfullnes of imposing, and taking of the negative oath; propounded by some ministers under restraint in the garrison of Weymouth. / And answered by [brace] E.B. and P.I. [brace] Ministers of [brace] Weymouth, and Melcomb-regis. Buckler, Edward, 1610-1706.; Ince, Peter, b. 1614 or 1615. 1646 (1646) Wing B5347; Thomason E369_1; ESTC R201276 10,400 22

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wee hope for this cause wee pay Tribute Rom. 13. 6. this is not Prerogative For 1. The King every where disclaims it 2. To what purpose lawes if a Sic ●olo were enough 2. A power to do what he pleaseth in cases not provided for by Law Wee shall againe resume his Majesties acknowledgement The Law is the measure of Our Power where 1. Is not meant our power drawn into a Law that is not elegant enough for a Penner of his Majesties Declarations but here 2. Is meant our power left free and undeter minate the Law is the measure of this i. e. our Prerogative will enable us to do whatsoever the Law may be presumed would have allowed us to doe if there had been a Law made 2. Prerogative is A power in the King to doe the Kingdome good in cases not provided for by Law Prerogative is not a jot more then this 1. If the wisdome of a State could foresee every thing that would need a Law they would make a Law for it and leave no Prerogative at all 2. Wee see that there is still more and more of the Kings power drawn out of his Prerogative into his Lawes as inconveniencies not foreseen do immerge 3. That the King should as the necessity of the Kingdome calles for it thus empty his Prerogative into his Lawes not left Arbitrary but it is his duty vid. supra 26 27 2. To the Reasons of the Quere to There is a naturall Allegiance due to the person of K. Charles Ans This doth no more bind you to assist the King in any thing that is evill then the naturall Allegiance of either of you to a Father doth bind you to helpe kill a man only ●o nomine because your Father calles for your assistance 2. This naturall Allegiance the Founders of our Government c. Ans Wee shall note that 1. The Parliament are the Founders of our government 2. They may contrive and impose oathes in order to politique ends 3. What influence the Kings assent or dissent hath you have heard above 26. 3. These oathes obliege all Subjects to adhere unto and assist King Charles c. Ans That 1. They obliege us to no new duty supra 30. 2. What is premised in the oath of Allegiance is in opposition to that usurped power of Potentates c. abroad not to the lawfull power of the Kingdome at home vid. 3. Jacob. 4. 3. This oath must receive its exposition from whence it did its composition viz. from the Parliament of England 4. There is at least virtually as much of the Kings Power in the Negative Oath as in the oath of Allegiance 4. T is a declared Treason to distinguish between the naturall and politique capacity of the King as is evident in Cooks Reports Ans 1. From the authority of Cooks Reports wee referre you to the Reports of Finch Barcley c. in the case of Ship-money Monopolies c. 2. Parliaments are not tyed to the reports of Judges but have power to araign and condemn both Reports and Reporters 3. We demand whether 1. Our naturall Allegiance to the person of King Charles be due to the person of that person quatenus Charles i. e. such a determinate individuum or quatenus King i. e. a person invested with such a power or quateum both 2. If any person by conquest or otherwise should be established King of France as William the Normand was of England the present French King yet living to which of these two is the naturall allegiance of the subjects borne of that Kingdome due 3. If a King be non compos mentis any Oath of Allegeance to him when he was sanae memoria doth bind his subjects to assist him by vertue of his verball or written precept in war and peace 4. We of this generation unsw●rne be bound to make good those ●athes of Fealty and Allegeance which were taken by our Progenitors upon pain of perjury 5. A Prince having as an acknowledged Flower of the Crown the power of the Militia and going about with any part of that Militia to destroy himselfe or his children ought to be assisted in it This to your Queries Your 5. and last is a Proposition viz. All Oathes being to be taken in the common grammaticall sense this oath ties the taker from all maner of assistance to the King during this war Now since the violence of battaile may be directed against the sacred person of the King and the mis-guided fury of the common souldiers hath bent it selfe against and may hereafter attempt the life of our gracious Soveraigne we cannot safely abjure all s●●cours to the preservation of him whose life is worth ten thousand of us 5. Your Proposition is This Oath ties the taker from all manner of assistance to the King during this War and the taking of it were to abjure all succours for the saving of his life Reasons of this Proposition are 1 This Oath is to be taken in the common grammaticall sense 2 The violence of battaile may be directed against the sacred Person of the King 3 The mis-guided fury of the Common souldiers hath bent it self against the life of our gracious Soveraigne 4 It may hereafter attempt the like 5 The Kings life is worth ten thousand of us 1. We observe 1. That whereas in the other foure particulars you were onely Quaerentes here you are Determinantes 2. That you would intimate that the Parliament would bind you by oath from saving the Kings life if it were hazarded 2. We answer 1. To your Proposition This Oath ties the taker c. 1. The Oath hath no such phrase in it as during this War but in this War or Cause We doe not here call your candour and ingenuity into question 2. The oath ties not the taker from all manner of assistance to the King but onely in this war i. e. in relation to this war Ex. gr if Cooks Reports were tyed from assisting you in this Cause viz. in proving a distinction between the natural and the politique capacity of the King Treason are they thereby tyed from all manner of assistance to you till this controversie be ended may they not yet assist you in a case of tenure of lands Quare impedit c I. N. and I. S. are in a suit of Law I A. B. doe sweare not to adhere unto nor willingly to assist I. N. in this suit doth the grammaticall sense of my oath tye me from inviting I. N. to dinner or from pulling of him out of a ditch c. 2. To the Reasons of your Proposition To 1. The Oath is to be taken in the common grammaticall sense Answ This sense abjures not all succours ut supra 45. 2. The violence of battaile may be directed against the sacred Person of the King Answ We hold 1. That the person of the King and of every supreame Magistrate in any State is inviolable and not subject to any penall hand 2. That in this War no Souldier ought willingly to take away the Kings life 3. That if the King will wilfully adventure his person in battaile the Parliaments Army may and ought to fight not withstanding the Kings presence in the enemies Army because 1. If his person be in danger t is not the Parl. fault who would not have him there but his owne and his adherents who prize his life at no higher a rate 2. The Parl. are acting within the sphere of their own power and so doing their duty not so the King ut supra 26 27. 4. That if I see the Kings life in danger as a souldier striking or wounding him I may rescue him and save his life the Negative Oath notwithstanding for 1. This is no more an adhering unto or an assisting of the King in this Warre then it is when a Parliament Captain shall rescue a Cavalier that he may have Quarter when his Lieutenant was about to hang him An usuall practice 2. This being necessarily understood in the Negative Oath is contained in the grammaticall sense of it Shew us in what this Rule is false Quod necessario intelligitur non deest 3. In all promissory oathes something must ever be understood as the Casuists resolve Summ. Angelica in verbo Jurament 4. Qu. 5. 3. The misguided fury of the common souldiers hath bent it selfe against the life of our gratious Soveraigne Answ This is matter of fact and if we knew that you spake upon your knowledge we would not stick to call it as you doe misguised fury 4. It may hereafter attempt the like Answ We cannot prophesie but if the King suffer in his Person by the Parliaments succeedings in this Warre it will be his owne fault ut supra 46 5. The Kings life is worth 10000. of us Answ We will not dispute the value of His Majesties life but if it be worth no more his will hath cost above twice as much as his life is worth 3. We demand whether 1. This clause the Kings life is worth 10000. of us be to be taken in the sence that all Oathes are 2. Cooks declared Treason in Calvins case must not be pardoned to make this clause good 40 3. A man that hath taken the Kings protestation may not which is some assistance during this Warre hold Sir Thomas Fairfax his Horse without guilt of perjury Diximus FINIS