Prins Soveraigne power of Parliaments c. Where the matter is fully cleared both in poynt of law conscience which was published by order of Parliament and a book intituled de jure Magistratus insubditos Trochreg's commentary on the Ephesians where he will finde this question prudently judiciously and satisfactorily handled from pag. 911. to 925. Thus in some measure is this Ninth particular cleared the Iawfulnesse of Scotland's defensive warre clearly showne hereby the unlawfulnesse of swearing any oath which might have imported a condemning of that warre is also demonstrated By what hath been said to this Ninth particular the Tenth last is likewise cleared viz. The lawfulnesse of Scotland their seizing upon the Castles within themselves For if it be lawfull for a land to defend themselves to use resistence by armes in their own necessary defence It is also lawfull for them to seize upon such castles strengths as may prove a fit necessary meane of defence It is lawfull to possesse these keep them out against the enemies of the countrey who if they had them would make use of them for the destruction of the land for the subversion of Religion Lives liberties What ever law will allow of self defence will also allow the use of all fit meanes for that end For the end includeth the meanes leading to the end Moreover these Castles Fortifications were originally appointed for the saifty security of the Kingdome of none else therefore at the learge treaty it is concluded in answer to the second demand That the Castle of Edinburgh and other strengths of the Kingdome should with the advice of the Estates of the Parliament according to their first fundation be fournished and used for defence and security of the Kingdom So that hereby the King approved of all which was done in this businesse before acknowledged that according to their first fundation they were for the Kingdom 's advantage It is true these Castles were annexed to the Crown Parl. 11. Act 41. King Iames 11. but that was done to guaird against the poverty of the real me for all that the King might not give them away in fee or heritage nor in franck tenement without the advice deliverance decreet of the whole Parliament And for great soon reasonable causes of the realme otherwise any alienation or disposition was to be of no avail And it was enacted that the Kings of Scotland should be sworne at their coronation to keep his statute in all points Act 9. Parl. 9. king Iam. 6. sayeth that These Castles are for the welfare of the realme as well as for his Maj. behoofe so Act. 125. Parl. 7. K. Iam. 6. The Castles are called the keyes of the realme So though the King hath the custody command of them yet it is alwayes in order to the right end that is for the saifty good of the countrey if he should make use of them for the ruine destruction of the countrey they should be abused might lawfully be taken out of his hand converted to the right use as when a father turning mad will kill his children with a sword the children may lawfully take the sword from him with which he was bound to defend them against the common enemy make use of it in their own defence Castles fortifications are not the King's patrimony but belong to him as King Governour of the land so that he is to make no use of them but for the countreyes good he cannot dispone sell them as he may do other things that belong to his patrimony Therefore Scotl. cannot be blamed for seizing on these for their own saifty seing this is their native end the only thing they were ordained for Nor can any be blamed for refuseing that oath which would have imported a condemning of this lawfull necessary deed Thus reader thou hast shortly laid before thee a hint of what clear grounds there were of stumbling at the taking of this oath as to the very civil part thereof seing this civil supremacy is must be the same with his perogative his prerogative is such as hath been showne A difference betuixt the supremacy the prerogative is not imaginable unlesse it be this that the supremacy is more comprehensive taketh in all the prerogative something more yea by some posteriour acts they are made of one the same latitude as in the act for the national Synod the setling of the external government of the church is said to belong to his Maj. as an inherent right of the crown how by vertue of his prerogative royall and supreme authority so that his prerogative royall supreme authority are made one if they be one as to ecclesiastical matters much more must they be one the same as to civill matters more clearly in the King's commission for the heigh commission where it is said His Maj. by vertue of his royall prerogative in all causes and over all persons etc so that any may see that his supremacy over all causes is one the same thing with his prerogative Moreover this is certane that who soever do acknowledge recognosce the King 's power supremacy in all causes and over all persons do acknowledge recognosce all that which they say agreeth to him as King and who soever do acknowledge recognosce this do acknowledge recognosce his royall prerogatives for his royall prerogatives are such things as agree to him as King because they are annexed to the crown as they say It is true in their 11 act of parl the acknowledgment of his Maj. prerogative is mentioned beside the oath of alleagiance But that will nor make them to differ so far yea the acknowledgment of his Maj. prerogative is but explicatory of a part of that supremacy mentioned in the oath of alleagiance So that his prerogative over parliaments over their actions over all other subjects is but a part of that supremacy which they say he hath over all persons in all causes So in the oath for asserting his majesties prerogative defensive armes the Kingdomes entering in a league with England all their proceedings in the work of reformation are condemned this cannot be denyed though there be an expresse oath afterward conceived of purpose for that end viz the declaration set forth â—…ept 2. 1662. SECTION XII The meaning of the oath of Alleagiance as to its ecclesiastick part opened some reasons why upon that account it could not be taken THe civil part of this oath of alleagiance being thus spoken to in the next place the ecclesiastick part must be handled when this is but explained reasons without much difficulty will appear why as to that part of it it could not then nor as yet can in conscience be subscribed unto In this part as in the other the sense
was contrary to the dissent protestation of this kingdome now removed by a violent death and that by the Lords blessing there was left a righteous heire lawfull successour Charles Prince of Scotland VVales now king of Great britane france and Irland did unanimously and chearfully in recognisance and acknowledgement of his just right title and succession to the Crown proclaime and declare to all the world that he was king of great britan c. their Soveraigne Lord and king at the mercat Crosse of Edenburgh with all usuall Solemnities in like cases ordaining the same to be done in like manner in all the brughs Royall Immediatly there are Commissioners sent over to his Maj. while at the Hague in Holland when these returned without satisfaction there are againe the next year 1650 Commissioners sent to him while at Breda At length he promised to publish testify by solemne oath his approbation of the Nationall Covenant of Scotland of the solemne league Covenant And accordingly before he came a shoar in Scotland being in Shipboard at the mouth of Spey on the Lords day the 23. of Jun 1650 in presence of the Commissioners of the kingdome Church of Scotland severall others both Scots English after Sermon the Nationall Covenant the solemne league Covenant being read by the minister that preached He standing lifting up his right hand swore the same in the words following which had been determined by the Parliament by the Commissioners of the Generall assembly of the Church of Scotland in their Instructions to their Commissioners subjoyned to Both the Covenants I Charles king of Great Britaine France Irland do assure declare by my solemne oath in the presence of the Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the solemne league Covenant above writen faithfully oblidge my self to prosecute the Ends thereof in my station calling that I for my self successours shall consent aggree to all acts of Parliament enjoyning the Nationall Covenant solemne league Covenant fully establishing presbiteriall governement the Directory of Worship confession of faith Catechismes in the kingdome of Scotland as they are approven by the Generall assembly of this kirke Parliamet of this Kingdome And that I shall give my royall assent to the acts of Parliament enjoyning the same in the rest of my Dominons And that I shall observe these in my own practise family shall never make opposition to any of these on endevour any change thereof And immediatly subscribed the same And thereafter August 16. 1650. he emitteth a Declaration from Dumfermeling wherein he expresseth much of his affection to the Covenanâ—… Covenanters dèclareth that he hath not sworne subscribed these Covenants entred into the oath of God with his people upon any sinister intention crooked designe for attaining his own ends but so far as humane weakness will permit in the truth sincerity of his heart that he is firmely resolved in the Lords strength to adhere there to to prosecute the ends thereof c. In order to which he doth in the first place professe declare that he will have no friends but the friends of the Covenant And therefore as he doeth now detest abhorre all popery Superstition Idolatry together with prelacy all errours heresy schisme profaneness resolveth not to tolerate much lesse allow any of these in any part of his Maj. Dominions but to oppose himself thereto to endeavour the extirpation thereof to the outmost of his power So doth he as a Christian exhort as a King require all such of his subjects who have stood in opposition to the Solemne League Covenant worke of Reformation upon a pretence of kingly Interest or any other pretext whatsoever to lay down their enmity against the cause people of God to cease to prefer the Interest of man to the Interest of God which hath been one of these things which hath occasioned many troubles calamities in these kingdoms being insisted in will be so far from establishing of the Kings Throne that it will prove an Idole of jealousy to provoke unto wrath him who is King of Kings Lord of Lords The king shall alwayes esteem them best servants most loyall subjects who serve him seek his greatness in a right line of subordination unto God giving unto God the things that are Gods unto Caesar the things that are Caesars resolveth not to love or countenance any who have so litle conscience piety as to follow his Interests with a prejudice to the Gospell kingdom of Jesus Christ which he looks not upon as a duety but as flattery as driving self designes under a pretence of mantaining royall authority greatness he resolveth to live die with his loyall subjects in prosecution of the ends of the Covenant He doth esteeme the service of those who first engadged in the Covenant have since that time faithfully followed the ends thereof to be duety to God loyalty to him So Jan. 1. 1651. on the day of his coronation the Nationall covenant the Solemne league covenant being read unto him he swore them in this following oath which he took in behalf of himself his successours kneeling holding up his right hand which oath with both covenants he afterward did subscribe I Charles King of Great Britane France Irland do assure declare by my solemne oath in the presence of Almighty God the searcher of hearts my allowance approbation of the Nationall Covenant of the Solemne League Covenant above writâ—…h And faithfully obleidge my self to prosecute the ends thereof in my station calling And that I for my self Successours shall consent aggree to all Acts of Parliament enjoyning the Nationall Covenant the Solemne League Covenant fully establishing Presbyteriall Governement the Directory of worship Consession of Faith Catechismes in the kingdome of Scotland as they are approven by the Generall Assemblies of this kirk Parliament of this kingdom And that I shall give my royall assent to Acts and Ordinances of Parliament passed or to be passed enjoyning the same in my other Dominions And that I shall observe these in mine own practise and family and shall never make opposition to any of those or endevour any change thereof Thus had the Church of Scotland all the security imaginable from a Prince that Prelats should never have footing againe within that kingdome that the begun worke of Reformation should be still carried on through the other Dominions But when Scotland out of conscience to their covenant had sent for the king the Sectarian party in Iuly 1650 approach their borders with an Army thereafter overcome them in battell shedeth much of their bloud leadeth many both commanders
objections how he cleareth it from Act. 7 51. Hos. 2 1. Dan. 3. 6. Act. 4. 5. 6. Hos. 4. 15. Iud. v. 23. About this same time there is another minister banished indictâ causà for while he was going towards Irland upon some particular occasion he was brought back By the command of the committee of Estates committed to prisone untill the meeting of Parliament then receiveth summones of treason to which when he had desired some time to answere he is sent back to prisone when he expecteth to be called upon to give in his defences he was sentenced with banishment out of his Maj. dominions And which is more to be wondered at Neither these two ministers nor any other who were afterward banished as shall be showne could ever to this day get an extract of their sentence which no judicature in the world could ever have refuised in equity justice yea because the power of the Parliament Councell of Scotland could reach no furder then their own bounds so could banish none any further then out of Scotland they devise another way draw up a bonde where in the subscriber bindeth himself under the paine of death to remove out of all his Maj. dominions betwixt such a day not to returne without license under the paine of death this bond they caused the banished ministers subcribe before witnesses which they were all necessitated to do to save themselves from worse Judge reader if this was not both cruell unreasonable SECTION VII Concerning their sufferings who refuised to observe the Anniversary Day AMong other Acts of the first Session of Parliament there is one for a solemne anniversary thankesgiving wherein they statute ordaine That in all time coming the twenty ninth day of May which was the day of â—…his Maj. birth restauration to his government be set a pairt as a holy Day unto the Lord that in all the Churches of the Kingdome it be imployed in publick prayers preaching thankesgiving praises to God for so transcendent mercies that all trade merchandise work handy-labour other ordinary imployments be forborne the remaineing part of the day spent in such lawful divertishments as are suiteable to so solemne an occasion Unto which Act many of the ministry did give obedience out of fear But others could not in conscience yeeld thereunto not only because it is not in the power of any under heaven to appoint anniversary holy Dayes the Creator alone having reserved that power into his own hand to consecrate any portion of time he pleaseth make it holy So as holy duties must attend it as holy duties acts of worship attend the Sabboth-day the only holy Day which is now warranted by the Word of God It is true the Church may when God by his providence is calling to mourning to fasting or to thankesgiving set some time a pairt for these duties of praying or rejoiceing but then the time doth attend the dutyes called for the duties doe not attend the time as they do the Lord's Day But also because of the grounds reasons of the solemnizeing of that Day which are contained in the narrative of the act unto which no man who had not made shipewrak of faith of a good conscience could consent as every one may see who will but ponder the Act a part whereof to give but a taste of the whole followeth The â—…states of Parliament of the Kingdome of Scotland taking to their câ—…sideration the sad condition slaverie bondage this ancient Kingdome hath groaned under durcing these twenty three years troubles in which under the specious pretences of reformation a publick rebellion hath bâ—…en by the treachery of some mispersuasion of others violently carryed on against sacred authority to the ruine destruction so far as was possible of Religion the Kings Maj. his Royal Government the laâ—…es liberties property of the people all the publick private interests of the Kingdome So that Religion it self hath been prostitute for the warrand of all these treasonable invasions made upon the Royall Authority And disloyal limitations put upon the alleagiance of the subjects c. By which what followeth it may be obvious to all who read consider the said Act. That none could so much as preach on that day or give any countenance to such a work unlesse they would condemne all which had been done for twenty three yeers space in carrying on of the work of Reformation as being the height of treachery rebellion designedly purposely carryed on under the specious pretexts of Reformation And what faithfull Minister durst adventure on that to condemne King Parliaments Church State themselves too as treatours rebells unworthy to live any longer Can any expect that Ministers before they be convinced of a fault should be so rash unadvised as to goe to pulpites with ropes about their necks declare before all that they had been so long possibly all their dayes as to some young men living a life of rebellion against the lawfull Magistrat carrying on a course of â—…rebellion to the ruine of Religion King Kingdome And can it be expected in reason that such as refused to countenance that day should be condemned by any who shall but seriously consider what are the consequences of such a complyance Neither let any say that it was out of disrespect to his Maj. that any Minister did refuise to countenance the work of that day For all of them did willingly keep a day of solemne thankesgiving at his coming home And Presbyteries Synods did chearfully appoynt dayes for that effect That which the famous learned Voetius observeth concerning such dayes in his Polit. Pag. ult viz. That it may come to passe that the time when such an anniversary day should be keeped may be a time when God calleth for fasting mourning then such may look for that woe Isa. 22 12 13. As rojoyce when they should mourne is considerable whether it was a fit season then to rejoyce or not let the Reader judge when he considereth that upon the Monday before that anniversary day the famous Marquis of Argile was executed upon the Saterday thereafter Faithfull Mr Guthry was put to death And that also which he sayeth against Ministers keeping a sinfull fast Pag. 993. Holdeth good here for Ministers were clear that this was against the common cause of God And therefore many who could not satisfy themselves with some fine distinctions evasions to reconcile themselves unto the publick lawes resolved with the primitive Christians to hazard their reputation of loyalty as Stillingslcet sheweth in his Origines Sacra Pag. 321. rather then to countenance such impiety SECTION VIII The grounds why Ministers did resuise to goe to the Prelats Courts cleared A Little after his Maj. returne he was pleased to write unto the Presbytery of
〈◊〉 Q. 38 Art 1. by which he declareth ordereth his purposes to another And these are of two sorts Either that which is called Pollicitatiâ—… this aâ—… Grotius sayeth de jur bel pac Lib. 2 c 11 § 3. is when the will doth determine it self for the time to come with a sufficient evidence shewing the necessitie of persevering this as he addeth doth either oblige simply or under a certane condition Or else such as are full compleat promises Such as promises of giving promises of doing in these as he sayeth 1b § 4. Beside the determination there is also a signe of voluntary resigneing the right over unto another He further there proveth That these promises do binde 1. By shewing from scripture viz. Neh 9 8. Heb. 4 18 10 23. 1 Cor. 10 13. 1 Thes. 5 14. 2 Thes. 3 3. 2 Tim. 2 13. How God who is above all law should yet do contrary to his nature if he should not keep his promises 2. By that passage of Salomon Pov. 6 1. My soâ—… if thou be surety for thy friend if thou hast stricken thine hand with 〈◊〉 stranger then art thou snared with the words of thy mouth those 〈◊〉 taken with the words of thy mouth So that pomises are strong bondes ought to be keeped hence that Verbaligant homines Taurorum cornua funâ—…s Buls by their horns men binde with cords Men use to be bound by their words A heathen could say of a promise made to another Voâ—… meâ—… fatâ—…tuaest Ovid. 2. Meâ—…amor And heathens made much of their promises Yea it is said of some that they refused to sweare any oath because that would have imported that their bare word promise was not be to rested on as securitie enough Thus the Scythians as Grotius sayeth de jure bell Paâ—… Lib. 2 c. 13. § 21. refused to sweare to Alexander told him that colendo fidem juranâ—… They sweare by valueing their promise So when at Athens a grave person came to give his oath at the altar all the judges cryed out that they would not suffer it to be done â—…o quod nollent religone videri potius quam veritate fidem esse consâ—…rictam Spurius posthumus In his speach before the Senate as Liv. sheweth Lib. 9. sayeth that promises no lesse then covenants are religiously regarded by all apud quos juxta divinas religiones fides humana colâ—…ur when C. Licinius L. Sixtus two Tâ—…bunes were making some overtures tending to the advantage of the people one whereof was that in payment of debts all that which had been payed iâ—… usurie should be allowed in the first place Claudius Crassus 〈◊〉 of the Patricij had an oration to disswade the people therefrom shewing them how that by this meanes all faith trust should be banished consequently all humane society should be destroyed see Liv. Lib. 6. The Romans have been famous for keeping their publick faith hence in all their straites the people did lend money most willingly unto the Senat not knowing how it could be better secured Liv. Lib. 25. And therefore they honoured their publick faith as a Goddesse had a solemne place appoynted for her in which place all their articles of peace covenants were sworne â—…t ejus quiea violaret sacrum diis inferis caput esset see Liv. hist Lib. 1. Lib. 24. Yea so much did they esteem of their faith that they did not thinkit enough not to do any thing contrarie thereunto But they would not suffer others to do any thing which might seem to reflect on them their faithfulness therefore as Liv. sheweth Lib. 28. when Hanniball had over thrown Saguntum a citie in Spaine which had befriended the Roman interest they thought it their dutie to recover that citie out of the hands of Hannibal did so Memorable is the storie of Fabius the dictator mentioned by Liv. Lib. 22. who when Hannibal was wasteing Italie had spared a piece of ground that appertained unto him of purpose to make the report goe that he had complyed with him seeing his fidelity thus in hazard to be questioned sent his sone to Rome to sell that piece of ground with the money thereof he payed what he had promised for the relief of some captives upon the publick faith thus fidem publicam privato impendio exsolvit When Iugurtha King of Numidia had killed the two Grand children of Masanissa that he might possesse the whole Kingdome The Romans called jugurtha to answere for this fact secured him in coming by their publick faith because of the saife conduct which they had promised they sent him away saife notwithstanding that he had owned the wickednesse done by 〈◊〉 his companion And had conveyed him away quietly See Salust in jugurth It is memorable also that when Scipio was warring in Africa against the Carthaginians there was a truce concluded the Carthaginians sent some ambassadours to Rome to treat for a peace in the mean time Asdruball taketh 230 of the Roman ships which had been driven from the fleet by storme which the ambassadours that came from scipio upon the report of this were come to Carthage they also were in humanely used hardly escaped notwithstanding of all this breach of truce breach of the law of nations the Romans because of their publick faith sent away the Carthaginian Ambassadours saife See Liv. Lib. 32. So was it their publick faith which freed Hanâ—…o a commander of the Carthaginian forces notwithstanding that the Carthaginians had put Cornelius Asâ—…na a consul in chaines contrare to their faith promise Many such instances might be given but these may suffice to make such as call themselves Christians to blush when they see how far they are out striped by such as had no rule to walk by but the dimme letters of natures light How may those religious heathens if they may be so called being compared with the more then heathenish Christians have hissed Matchiavel out of their common-wealth banished him their society as fitter to live among beasts with his beastly overtours then among men Seing they tend in effect to turne men into bruits For if no faith or promise be keeped all humane society shall be broken up there must be no trasfieque no barganeing but men must be left at liberty to run roave abroad as the wilde beasts of the field to catch what they can have Memorable is that which Buch. hist. lib. 9. relateth of the borderers in Scotland who thought so much of the breach of a promise that they would not eat nor speak with such as broke promise nor suffer him to come into their houses for his disgrace they stucke up a glove upon a pole or a spear carryed it aboutin their publicke meetings 2. There is in the breach of those covenants a clear breach of an oath The covenants are sworne covenants so the
be taken for he said before that an oath hath no force in matters morally good and it is granted by all that an oath hath no force in matters sinfull for it cannot be vinculum iniquitatis here he sayeth a man may not sweare in things indifferent if they be such as come under the compasse of legislators and thus he doth much to banish all religious oaths out of the world 4. Will no oath binde which is against the lawes of the land then what if a man in straite for money shall borrow promise with an oath to give more annual-rent therefore then the law of the land will allow will not his oath binde him What if the law of the land be against the giving of any money unto robbers Shall not a man who is taken with robbers who to save his life promiseth with an oath to give them such a summe of money performe his oath merely because it is against the law of the Land But as to this controversie let the reader consult such casuists as have spoken of it whose names are set down by Timorcus in his Covenanters plea cap. 6. or if he please let him consult Doct Sanders who de jur pro. oblg. prael 4. § 17. proveth it lawfull enough whatever be said of this That which Doct. Saâ—…ders sayeth ubi supra Prael 3. § 9. may be noticed It may be sayeth he that some cases may be given in which an oath which seemeth contrary to some law of a community or calling though it ought not to have been taken yet being taken may oblige as for example in a law whereunto a penalty is annexed disjunctively in this case he thinketh the oath should be keeped the law should not be obeyed but the penalty should be payed this is enough for those who stand for the Cov. 5. If oaths made against the wholsome lawes of the common wealth binde not oaths made against the â—…unwholsome lawes of the common wealth will binde in that case without all doubt people are bound to stand to their oath resolve upon suffering before they yeeld obedience And whether any law made about prelacy be wholsome or unwholsome is sufficiently determined in the premisses by the grounds upon which the legislators did goe when they reseinded all acts made in favours of prelats their power 6. This oath even as to the 2. Article which â—…is most controverted was not against but conforme unto the wholesome lawes of the land for befor that the league cov was sworne there were standing lawes against prelacy acts ratified approved with all formalities published with all usuall solemnities according to the King 's own command warrand therefore this case doth not come home to the case in hand But he sayeth it is not materiall whether the lawes be made before or after the oath And that is a very strange thing for a law not yet made is no law an oatâ—… taken in a particular about which there is no law yet made can not be an oath against a wholesome law of the land And to ' say that a law made afterward may loose the obligation of an oath is a very ready way for opening the door to all perjury to cast all oaths loose for when once a man hath sworne to his own hurt would gladly be rid of his oath he hath no more to do but acquant his superiour he will make a law for the contrary so he is at liberty But will such sigleaves cover the nakednesse of perjurie Or will such shifts satisfy in the day of reckoning Dreame of those things who will God will not be mocked Doct. Sanders a better casuist then he ubi supra Prael 3. § 18. giveth a better resolution saying if after the oath the statute should be abrogated or antiquated the oath as to that statute ceaseth so that he is not bound by the oath to observe that law any more â—…lesse N. B. the very thing contained in the oath be sworne to expresly in that case though the statute be removed the obligation of the oath standeth fast And that is enough for the Covenanters 7. Though it were granted which will not be that inferiours could not take an oath in those matters that fall under the power of legislators to enact lawes about or if they did sweare were not obliged to performe what they swore yet if legislators themselves sweare that such a thing suppon it be but indifferent shall never be enacted in a law will not this oath binde those legislators What will this advocat invente in this case as an open door at which both King Parl may escape for both King Parl. in their kingly parliamentary capacity have abjured prelacy 8. Why may not inferiours sweare when they finde any law grievous burdensome to endeavour according to their place power to have such a law or Act altered why may not such an oath oblige This is not an oath properly against a law because here the dominion of superiours over inferiours is sufficiently reserved this cannot be condemned 9. He mistaketh that case of casuists quando res non permanet in eodem statu When he applyeth it to the purpose in hand for prelacy is the same now which it was when first abjured there is no conveniency or law fulnesse seen in it now which was not seen before Yea on the contrary it appeareth worse then ever So that if he would stand to that rule quando res non permanet in eodem statu when the state of the matter is changed Though they had sworn to maintaine prelacy as now they have abjured it their oath could not binde them now to owne it Because it appeareth now so deforme abhominable a monster a cockatrice seeking the ruine destruction of all which cometh with in its reach 10. what doth this author think of the oath made to the Gibeonites Was there not a change of the Estate of affaires there when within three dayes they were discovered to be lyars that they were not a people that dwelt a far off but such as did dwell among them yet the oath must stand valid firme Yea was there not an expresse prohibition to make any league with these Canaanits Exod. 23 32 33. 34 10. Deut. 7 2. 20 16. was not this a wholsome law And yet the oath must be keeped this law being a particular command so far only to binde the conscience as it might be obeyed without any breach of the morall law as in Rachab's case it is evident as sayeth Mr Iackson in his annotations on Ios. 9 18. How will this advocat reply to these things If he stand to his principles he must condemne Iosua for keeping that oath Moreover was not the oath of Zedekiah against the fundamentall lawes of the land seing it was tendered to him that the Kingdom might