and null by his perfidiousness through divine Justice which will never permit any good things to spring out of such enormous evils as perjury and treachery which produced sundry judgments and civil wars never ceasing till Henry the right heir was restored to the Crown by a friendly agreement the only probable speedy way not now to end our present wars oppressions distractions Military Government and restore peace and prosperitie in our Nations After this An. 1191. upon the dejection of the insolent Bishop of Ely from his Vicegerentship under King Richard the first e all the Nobles of England assembling together swore Fealty to Richard King of England and to his heir against all men The Citizens of London swore the like Oath and that if King Richard should die without issue they would receive Earl John his Brother for their King and Lord juraverunt ei Fidelitatem contra omnes homines salva fidelitate Regis Richardi fratris sui as Hoveden relates In Claus. 24 H 3. m. 15. dorso soon after the birth of Edward the 1. son and heir apparent to King Henry the third I find this memorable writ issued to all the Sheriffes of England to summon all persons above 12. years old to swear Fealty to him as Heir to the King and to submit themselves faithfully to him as to their Liege Lord after his death Rex Vic. Eborum salutem Praecipimus tibi quod in fide qua nobis teneris et sicut teipsum et omnia tua diligis venire facias ad loca certa ad dies certos sicut commodius fiery potevit Omnes liberos homines de balliva tua aetatis 12. Annorum et supra et eos omnes coram te jurare facias ita quod haec sit forma juramenti sui scilicet Quod ipsi salvo Homagio et fidelitate nostra qua Nobis tenentur cui in vita nostra nullo mode renunciare volumus Fideles eritis Edwardo filio nostre primogenito ita quod side Nobis humanitus contigerit eidem tanquam hearedi nostro et Domino suo ligio erunt fideliter intendentes et eum pro Domino suo ligio habentes Et talem circa hoc exhibeas diligentiam ut inde merito debeatis commendari Teste meipso apud Westm. 24 die Febr. Ann. r. n. 24. Eodem modo scribitur omnibus Vicecomitibus and it appears by Dors. 12. they were summoned and sworn accordingly f In the Parliament of 5 H. 4. rot Parl. n. 13. 17. The Lords Spiritual and Temporal and Commons were sworn to bear faith and true allegiance to the King to the Prince and to his issue and to every one of his Sonnes severally sucéeding to the Crown of England and that of their own accord The like Oath was taken to the King Queen Prince Edward and the Heirs of the Kings body in the Parliament of 38 H. 6. rot Parl. n. 26. And to g Prince Edward Son and heir apparent to King Edward the 4th and his Heirs in the Parliament of 11 E. 4. entred in the Clause Roll of 11 E. 4. m. 1. dorso Yet in point of Law Conscience the first Oathes of Fealty and Allegiance to each of these Kings his heirs and successors * obliged all that took them as firmly to their heirs and successors as their Homages made by them to these Kings or other Lords which extend equally to their heires and shall not be h reiterated nor renewed to them upon this Account unless in some special cases and binde not only those that took them but their heirs and posteritie likewise although they never tooke these Oaths themselves at least to a religious conscientious observation though not to the actual legal penalties of Perjury as Angelus de Clavasio in his Summa Angelica tit. Juramentum 5. sect 24. 40. and other Canonists distinguish and the forecited Scriptures infallibly demonstrate especially being made for the publick good peace settlement of the Kingdom warranted by the policie presidents of all ages prescribed by our Lawes Parliaments for the safetie securitie settlement as well of our Religion Church Kingdoms Government as of our Kings and their posterities and so not o to be violated through fear menaces hopes of worldly gain or preferment nor dispensed with by any Papal or other human power whatsoever the i breach of Oaths Leagues Covenants being A GRAND VICKEDNESSE and high prophanation of the TRUTH FAITHFULNESSE NAME AND CONSTANCY OF GOD HIMSELF as well as transgression of his Law and Gospel deserving the highest temporal and Ecclesiastical censures in this world as well as eternal condemnation in the world to come Ezech. 17. 16 to 22. Jer. 34. Neh 5. 12. 13. 7. Whether the late illegal Oaths Ingagements to the New Republicans and Protectors enforced on the people against their Consciences without any lawfull Parliamentary Authority which only legally make prescribe impose new Oaths upon the Nation as the marginal k Statutes resolve past all dispute being directly contradictorie to their former lawfull Oaths to our Kings their Heirs and Successors be not absolutely void in conscience yea mere prophanings abuses of Gods sacred Name and if taken out of fear or weaknesse no wayes to be observed no more than Davids Oath resolution to slay Nabal with all his Family 1 Sam. 25. or Herods Oath to Herodias which he had more justly violated than observed in beheading John the Baptist Mat. 14. 6 to 13. or those Jews Vow who vowed they would neither eat nor drink till they had killed Paul Acts 23. 21. c. Which sinful Oaths Vows were no wayes to be observed by shedding innocent blood as both the Fathers Councils Canonists Casuists and Scoolmen resolve as you may read at large in Gratian Caus. 22. quest 4. Summa Angelica Tit. Juramentum sect. 3. 45. Peter Lombard Sent. l. 3. distinct 29. most Schoolmen on his Text whose definitive Doctrine is this Si quis alicui juraverit contra fidem charitatem officium quod observatū pejorem vergat in exitum potius est mutandum quam implendum Qui enim sic jurat vehementer peccat cum autem mutat benèfacit Qui autem non mutat dupliciter peccat Et quia injuste juravit et quia facit quod non debet And l that when a man hath once obliged himself by a legal Oath to God and his Soveraign any latter Oath repugnant to or inconsistent with it is unlawfull Upon which account our m Lawbooks and Laws resolve that when ever any man swears Fealty or doth Homage to his Landlord for the Lands held of him it shall be with this special exception saving the Faith which I owe to our Lord the King who is the Soveraign Lord of all his Subjects principally sworn unto and to be obeyed in the first place before all or any others Hereupon n Walter Bishop of Exeter Anno 6 E. 1. for omitting
so hanging nor after the same cause And that ye take no fee as long as ye shall be Justice nor Robes of any man great or small but of the King himself And that you give none advice or counsell to no man great or small in no case where the King is party And in case that any of what estate or condition they be come before you in your Sessions with force and arms or otherwise against the Peace or against the forme of the Statute thereof made to disturbe execution of the Common-law or to menace the people that they may not pursue the Law that ye do their bodies to be arrested and put in prison And in case they be such that ye may not arrest them that ye certifie the King of their names and of their misprision hastily so that thereof he may ordain a coâ—â—venable remedy And that ye by your self nor by other privily nor apertly maintain any plea or quarrel hanging in the Kings Court or elsewhere in the Country And that ye deny to no man common right by the Kings Letters nor none other mans nor for none other cause and in case any letters come to you contrary to the Law that ye do nothing by such Letters but certifie the King thereof and go forth to do the Law notwithstanding the same Letters And that ye shall do and procure the profit of the King and of the Crown with all things where ye may reasonably do the same And in case ye be from henceforth found in default in any of the points aforesaid ye shall be at the Kings Will of Body Lands and Goods thereof to be done as shall please him as God you help and all Saints Anno 18 E. 3. Stat. 4. The next Oath is that of Supremacy made and prescribed to be taken by all Judges Justices Sheriffs Maiors Recorders Civil and Ecclesiastical Officers Barresters Benchers Graduates Ministers Attornies whatsoever and all Members of the Commons House before they ought to fit or vote therein by the Statutes of 1 Eliz. cap. 1. 5 Eliz. cap. 1. 17 Car. cap. 7. I A. B. do utterly testifie and declare in my Conscience That the Kings Highness is the only Supream Governor of this Realm and of all other his Highness Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal and that no forein Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm and therefore I do utterly renounce all forein Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Kings Highness his Heirs and lawfull Successors and to my Power shall assist and defend all Iurisdictions Privileges Preheminences and Authorities granted or belonging to the Kings Highness his Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book 5. The 5th Oath of equal Latitude and Extent as the former of Supremacy is that of Allegiance prescribed by the Statutes of 3 Jacobi cap. 4. 7 Jac. c. 6. 17 Car. c. 7 tending only to the Declaration of such Duty as every true and well-affected Subject not only by Bond of Allegiance but also by the Commandement of Almighty God ought to bear to his Majesty his Heirs and Successors which Oath such as are infected with Popish Superstition do oppugn with many false and unsound Arguments the just defence whereof his Majesty King James hath heretofore undertaken worthily performed to the great contentment of all his loving Subjects notwithstanding the gainsayings of all contentious Adversaries And to shew how greatly his Loyal Subjects did approve the said Oath they prostrated themselves at his Majesties feet beseeching his Majesty that it might be enacted that the same Oath may be administred to all his Subjects The words whereof are these I A. B. do truly and sincerely acknowledge professe testifie and declare in my Conscience before God and the world That our Soveraign Lord King CHARLES is lawfull and rightfull King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose of any of his Majesties Kingdomes or Dominions or to authorize any forein Prince to invade oâ— annoy him or his Countries or to discharge any of his Majesties Subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to bear Arms raise tumult or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my heart that notwithstanding any Declaration or sentence of Excommunication or deprivation made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any absolution of the said Subjects from their obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear That I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved that neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully administred unto me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to the expresse words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this Recognition and Acknowledgement heartily willingly and truly upon the true Faith of a Christian So help me God 6. To these Oaths I shall subjoyn the c Protestation made and taken in pursuance of these Oaths by all the Well-affected Members of the Lords and Commons House the last long Parliament and voluntarily taken by all the best affected
people throughout the Realm and by all or most Officers and Souldiers of the Army by their Authority We the Knights Citizens and Burgesses in the Commons House of Parliament finding to the great grief of our hearts that the designs of the Priests and Jesuites and other Adherents to the See of Rome have of late been * more boldly and frequently put in practise than formerly to the undermining and danger of the ruine of the true reformed Protestant Religion in his Majesties Dominions established And finding also that there have been and having just cause to suspect that there still are even during this sitting in Parliament * endeavours to subvert the Fundamental Laws of England and Ireland and to introduce the exercise of an Arbitrary and Tyranical Government by most pernicious and wicked Counsels Practises Plots and Conspiracies And that the long intermission and unhappy breach of Parliaments hath occasioned many illegal Taxations whereupon the Subject hath been prosecuted and grieved And that divers Innovations and Superstitions have been brought into the Church multitudes driven out of his Majesties Dominions jealousies raised and fomented betwixt the King and his people a Popish Army levyed in Ireland and two Armies brought into the bowels of this Kingdom to the hazard of his Majesties Royal Person the * consumpsion of the Revenues of the Crown and Treasure of this Kingdom And lastly finding a great cause of Jealousie that endeavours have been and are used to bring the English Army into a Mis-understanding of this Parliament thereby to * incline that Army with force to bring to passe those wicked Counsels have therefore thought good to joyn our selves in a Declaration of our united Affections and Resolutions and to make this ensuing Protestation I A. B do in the presence of Almighty God promise vow and protest to maintain and defend as far as lawfully I may with my life power and estate the true reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realm contrary to the same Doctrine and according to the duty of my Allegiance His Majesties Royal Person Honour and Estate as also the power and privilege of Parliament The lawfull Rights and Liberties of the Subject and every person that maketh this Protestation in whatsoever he shall do in pursuance of the same And to my power and as far as lawfully I may I will oppose and by all good wayes and means endeavour to bring to condigne punishment all such as shall either by force practise counsels plots conspiracies or otherwise do any thing to the contrary in this present Protestation contained And further that I shall in all just and honourable waies endeavour to preserve the Vnion and Peace between the three Kingdoms of England Scotland and Ireland And neither for hope fear nor other respect shall relinquish this Promise Vow Protestation 7. The next in time is the Solemn League and Covenant taken in the most solemn manner with hands lifted up to heaven and subscribed by all Members of Parliament in England and Scotland by all Civil Military Officers Souldiers and well-affected persons in our three Kingdoms by f sundry special Ordinances of Parliament approving and ratifying the same A Solemn League and Covenant for Reformation and defence of Religion the Honour and Happiness of the King and the Peace and Safety of the three Kingdoms of England Scotland and Ireland WE Noblemen Barons Knights Gentlemen Citizens Burgesses Ministers of the Gospel and Commons of all sorts in the Kingdoms of England Scotland and Ireland by the Providence of God living under one King and being of one Reformed Religion having before our eyes the glory of God and the advancement of the Kingdom of our Lord and Saviour Jesus Christ the honour and happiness of the Kings Majesty and his Posterity and the true Publique Liberty Safety and Peace of the Kingdoms wherein every ones private condition is included and calling to minde the treacherous and bloudy plots Conspiracies Attempts and practises of the Enemies of God against the true religion and professors thereof in all places especially in these three kingdoms ever since the reformation of Religion and how much their rage power and presumption are of late and at this time increased and exercised whereof the deplorable estate of the Church and kingdom of Ireland the distressed estate of the Church and Kingdom of England and the dangerous estate of the Church and Kingdom of Scotland are present and publike Testimonies We have now at last after other means of Supplication Remonstrance Protestations and sufferings for the preservation of our selves and our religion from utter ruine and destruction according to the commendable practice of these kingdoms in former times and the Example of Gods people in other Nations after mature deliberation resolved and determined to enter into a mutual and Solemn League and Covenant wherein we all subscribe and each one of us for himself with hands lifted up to the most high God do swear I. THat we shall sincerely really and constantly through the Grace of God endeavour in our several places and callings the preservation of the Reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government according to the Word of God and the Example of the best Reformed Churches And shall endeavour to bring the Churches of God in the three Kingdoms to the nearest conjunction and uniformity in Religion Confession of Faith Form of Church-Government Directory for Worship and Catechising That we and our posterity after us may as Brethren live in Faith and Love and the Lord may delight to dwell in the midst of us II. That we shall in like manner without respect of persons indeavour the extirpation of Popery Prelacy that is Church-Government by Arch-Bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Archdeacons and all other Ecclesiastical Officers depending on that Hierarchy Superstition Heresie Schisme Profaneness and whatsoeuer shall be found to be contrary to sound Doctrine and the power of Godliness lest we partake in other mens sins and thereby be in danger to receive of their plagues and that the Lord may be one and his Name one in the three Kingdoms III. We shall with the same sincerity reality and constancy in our several Vocations endeavour with our estates and lives mutually to preserve the Rights and Privileges of the Parliaments and the Liberties of the Kingdoms and to preserve and defend the Kings Majesties person and authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with our consciences of our Loyalty and that we have no thoughts or intentions to diminish his Majesties just power and greatness IV. We shall also with all faithfullness endeavour the discoverie of all such as have been or shall be Incendiaries Malignants or evil Instruments by hindering the reformation of
Religion dividing the King from his people or one of the Kingdoms from another making any Faction or parties amongst the people contrary to this League and Covenant that they may be brought to publike trial and receive condigne punishment as the degree of their offences shall require or deserve or the Supreme Judicatories of both Kingdoms respectively or other having power from them for that effect shall judge convenient V. And whereas the happiness of a blessed Peace between these Kingdoms denied in former times to our Progenitors is by the good providence of God granted unto us and hath been lately concluded and setled by both Parliaments we shall each one of us according to our place and interest indeavour that they may remain conjoyned in a firm peace and union to all posteritie And that Justice may be done upon the willfull opposers thereof in manner expressed in the precedent Articles VI We shall also according to our places and callings in this common cause of Religion Liberty and peace of the Kingdoms assist and defend all those that enter into this League and Covenant in the maintaining and pursuing thereof and shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terror to be divided and withdrawn from this blessed union and conjunction whether to make defection to the contrary part or to give our selves to a detestable indifferency or neutrality in this cause which so much concexneth the glory of God the good of the Kingdoms and the honour of the King but shall all the dayes of our lives zealously and constantly continue therein against all opposition and promote the same according to our power against all Lets and Impediments whatsoever and what we are not able our selves to suppress or overcome we shall reveal and make known that it may be timely prevented or removed All which we shall doe as in the sight of God And because these Kingdoms are guilty of many sins and provocations against God and his Son Jesus Christ as is too manifest by our present distresses and dangers the fruits thereof we professe and declare before God and the World our unfeined desire to be humbled for our own sins and for the sins of these Kingdoms especially that we have not as we ought valued the inestimable benefit of the Gospel that we have not laboured for the purity and power thereof that we have not endeavoured to receive Christ in our hearts nor to walk worthy of him in our lives which are the causes of other sins and Transgressions so much abounding amongst us And our true and unfeigned purpose desire and indeauour for our selves and all others under our power and charge both in publique and private in all duties we owe to God and man to amend our lives and each one to go before another in the example of a real Reformation that the Lord may turn away his wrath and indignation and establish these Churches and Kingdomes in truth and peace And this Covenant we make in the presence of Almighty God the Searcher of all hearts with a true intention to perform the same as we shall answer at that great day when the secrets of all hearts shall be disclosed Most humbly beseeching the Lord to strengthen us by his Holy Spirit for this end and to bless our desires and proceedings with such success as may be deliverance and safety to his people and encouragement to other Christian Churches groaning under or in danger of the yoke of Antichristian tyranny to joyn in the same or like Association and Covenant to the glory of God the enlargement of the Kingdom of Jesus Christ and the peace and Tranquility of Christian Kingdoms and Commonwealths Subscribed by William Lenthal Speaker Sir Henry Vane junior and most now sitting Yet notwithstanding all these most solemn sacred legal Oaths this Protestation Solemn League and Covenant sweetly according with and ratifying each other the remaining Fragment of the Commons House sitting under the power of the Army not only violated them all in the Highest degree by their proceedings against the late King his Heirs and Successors to the Imperial Crown the Royal posterity Kingship Kingdom Lords House and their secluded fellow Members but also took upon them to suppress and set aside these Oathes yea to brand and stigmatize them for Vnlawfull Oathes to absolve themselves with all others from them and to set up an Ingagement of their own framing in diametrical Opposition against all and every of them imposed on all the three Nations with strictest severity by their New Knack of 6. September 1649. disabling all Freemen of this Nation to sue in any Court of Justice whatsoever or to enjoy any Civil Ecclesiastical or Military Office benefice augmentation trust or degree of Learning in the Vniversities or Innes of Court and debarring all Lawyers Attornies from their practice by a new kinde of Praemunire who should not take and subscribe this Engagement which the whole House of Commons having not the least legal Power to g administer any usual Oath to Witnesses or any person whatsoever in any case or Age had neither Authority nor Power to impose upon the Nation were it consonant to the precedent Oaths Protestation Covenant much less then the Vnparliamentary Conventicle sitting after the Kings beheading the Lords and Majority of the Commons forcible seclusion and the h Parliaments actual dissolution thereby when diametrically repugnant to all these legal Oaths and to the Petition of Right it self 3 Caroli complaining providing against the future administring of any Oath not warrantable by the Laws and Statutes of this Realm in precise Terms and whether this Engagement be not such let all Lawyers Divines and consciencious Englishmen resolve I do declare and promise That I will be true and faithfull to the Common-wealth of England as it is now established without a King or House of Lords All the Officers Souldiers of the Army and Garrisons through England and Ireland were the first men who subscribed it and returned their Subscriptions in Parchment-Rolls to their Journey-men and Creatures at Westminster who thereupon thought themselves and their Government though founded upon Bloud Treachery Perjury as lasting and perpetual as if it had been founded on a Rock and the sincerest Principles of Piety Justice Righteousness and general publick National consent But those very first Engagers to them when they had done their Drudgery and oppressed the Nation with doubled and trebled Taxes to support their bloody wars by Land and Sea against their Protestant King and Brethren of Scotland the Netherlands on the 20th of April 1653. i sodenly turned them out of Doors and power with force and highest contempt as persons wholy perverting the ends of Parliament oppressing the people making Gain the main of their Business and utterly impossible in that corrupt estate in the judgements of the most moderate men to come the instruments of our long desired Establishment And then setting up a
Protector over their Infant Common-wealth much against their wills the Mock-Parliament under him whiles above 150 Members duly elected most confided in by the Country were forcibly secluded by their Additional Petition and Addresse the 26th of June 1647. imposed this new Oath on all Counsellors of State and Members of Parliament I A. B. do in the presence of God Almighty promise and swear That to the uttermost of my Power I will uphold and maintain the true reformed Protestant Religion in the purity thereof as it is contained in the Holy Scriptures of the Old and New Testament and encourage the Profession and Professors of the same And that I will be true and faithfull to his Highnesse the Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging as chief Magistrate thereof And shall not contrive design or attempt any thing against the Person or lawfull Authority of the Lord Protector shall keep secret all matters that shall be treated of in Counsel and put under secrecy and not reveal them but by Command or consent of his Highnesse the Parliament or the Counsel and shall in all things faithfully perform the trust committed to me as a Counsellour according to the best of my understanding in order to the good Government peace and wellfare of these Natiions And shall endeavour as much as in me lyes as a Member of Parliament the preservation of the Rights and Liberties of the People These Oaths were sworn by many of those who had taken the premised Oaths Protestation Solemn League and Covenant and the Engagement too both to their Protector Oliver and his Son Richard with whom the Army-Officers Souldiers and sundry others in the name of most Counties and Corporations of England Scotland and Ireland in their special Addresses to Richard faithfully promised to live and die yet lo within few Months after notwithstanding these Oaths and Addresses by a miraculous Divine providence admirable in all considerate mens eyes they not only all deserted but degraded him from his Protectorship without one stroke or drop of blood spilt or Sword drawn in his quarrel after so much Christian bloud shed so many Millions of Treasure spent and many years travel care by his Father Oliver to establish his Posterity in this new-erected Supremacy Protectorship and that by his own Army-Officers and nearest most endeared Relations even in a moment beyond all probability or possibility in humane apprehension To accomplish this strange unexpected work the Army-Officers called in the old Vnparliamentary Iuncto sitting since the year 1648. till April 20. 1653. whom they formerly dissolved and unparliamented secluding all the rest of the old Parliament sitting till December 6. 1648. by force and armed guards with the whole House of Lords re-creating them alone for a Parliament who usurping to themselves the name and power of a Parliament against both Law Equity Reason dismounted his Son Richard from his Protectorship unlorded degraded his New other House of Mushrom Lords and new dubbed Knights cashiered some of the Army-Colonells and other Officers who helped to make them a Parliament him a Protector and may gratifie the rest in this kinde Commissioned some whom Oliver cashiered turned most of his Council Commissioners Judges Creatures out of their Offices and pulled down most of that he set up with force and blood Who now thinking themselves secure and forgetting all their former with these late sodain Revolutions Changes as the just rewards of perfidious breaches of Oaths Protestations Covenants to their lawfull Soveraigns they hav now afresh to make us a Freestate not only doubled our former Taxes in effect and more than trebled them by a most arbitrary new Militia on many but also by a New Bill appointed an Oath to be taken by their Iudges Iustices of the Peace and other Officers in form following You shall swear That you shall be true faithfull and constant to this Commonwealth without a single Person Kingship or House of Lords Which ‖ illegal Oath so diametrically contrary to the former it swallowed by their unarmed Judges Justices and other civil Officers out of fear will in time be imposed on the Army Officers Soldiers and all others as their former Ingagement was with as severe penalties Having presented you with these contradictory repugnant irreconcileable Oathes Protestations Covenants and Engagements I shall propose some few cases of conscience upon them in this age when Conscience is so much pretended and Liberty of Conscience so much pressed that tendernes of Conscience and Conscience it self are hardly to be found in the greatest pretenders to them 1. Whether all lawfull sacred Oaths Vowes Covenants Protestations doe not i firmly immutably inviolably bind the souls consciences of all that take them to an Absolute indispensible sincere faithful performance and strict observation of them to the uttermost of their power in all estates and conditions as is evident by Numb. 30. 2. to 14. Josh 9. 19 20. Gal. 3. 15. Deut. 23. 22 23. Judg. 11. 30. 39. Job 22. 27 Ps. 15. 4. Ps. 22. 25 Ps. 61. 8. Ps. 66. 13. Ps. 116 14 18. Ps. 132. 2 3 c. Eccles. 5. 4. Jer. 44. 25. Jonah 2 9. Isay 19. 21. Nah. 1. 15. Gen. 21. 23 24 31. c. 24. 3. to 10. 37. to 47. c 26. 3 31. c. 47. 31. c. 50. 5 6. Levit. 19. 12. Josh. 2. 12. 17. 20. Judg. 15. 12 13. Deut. 8. 12. Josh. 21. 43 44. 1 Kings 1. 13. 17. 29 30. 2 Chron. 36. 13. Ezra 10. 5. Neh. 13. 25. Jer. 4. 2. c 11. 5. Mat. 5. 33. 1 Kings 15. 3 4 5. 2 Chron. 21. 5 6 7. compared with Hebr 6. 16 17 18. An Oath for confirmation is to men an end of all strife wherfore God willing more abundantly to shew unto the heirs of promise the immutability of his Counsel confirmed it with an Oath that by two Immutable things his Oath and Covenant in which it is impossible for God to lie we might have strong consolation Ps. 89. 3. 34. I have made a Covenant with my chosen I have sworn unto David my Servant My Covenant will I not break nor alter the thing that is gone out of my lipps Once have I sworn by my holiness that I will not lie unto David Ps. 132. 11. The Lord hath sworn in truth unto David he will not turn from it Jer. 33. 20. 21. Thus saith the Lord If you can break my Covenant of the day and my Covenant of the night and that there should not be day and night in their season Then may also my Covenant be broken with David my Servant that he should not have a Son to reign upon his throne If Gods Oaths and Covenants to mortal sinful men be thus true constants sincere firme unalterable immutable then by like reason should mens Oaths and Covenants to God and their lawfull Kings be such as Psal. 15. 4. Eccles. 8. 2. Gal. 3. 15. Levit. 30. 2. to 14. and the
other forecited Texts resolve 2ly Whether the late violation through fear or self-respects much more the wilfull justification perjurious repeal abrogation abjuration of our sacred lawful Oaths protestation Covenant be not a k most detestable crying scandalous damning sin exceedingly dishonorable to God injurious to Religion drawing down sad private personal and National judgements on those who are notoriously guilty thereof as is most apparent by Ezech. 16. 59. c. 17. 13. to 27. Zech. 8. 17. c. 5. 3 4. Hos. 10. 4. Lev. 6. 3 4. c. 19. 12. Prov. 24. 21 22. Jer. 5. 2. c. 7. 9. to 17. c. 34. 8. to 22. c. 52. 3 4. Deut. 31. 20. c. 29. 20. to 29. Ps. 78. 10. 37. 57. to 65. 2 Chron. 36. 13. Josh. 9. 20. 2 Sam. 21. 1. to 11. Jer. 23. 10. Rom. 1. 31 32. 1 Tim. 1. 10. worthy sad and serious perusal And whether those who are deeply guilty of these sins can ever expect to enter into heaven since this is made the special character of a Citizen of Zion Who shall dwell in Gods holy hill Psal. 15. 1 2 4. He that walketh uprightly and worketh righteousness and speaketh the truth from his heart He that sweareth to his own Hurt and changeth not much more then when for his own and the publick good 3ly Whether those who have made taken and equally violated all or most of these contradictory Oathes Protestations Covenants Ingagements alike be not perjured persons and Covenant-breakers in folio void of all real fear of God truth faith conscience honesty religion if the premised Scriptures or Eccles. 9. 2 Acts 5. 3 4 5. may be credited And whether those who have been thus perfidious perjurious fidefâ—agus treacherous to all others can in point of justice conscience prudence policy impose an Oath upon all or any others to be true faithfull and constant in their Oaths Covenants trusts and obedience unto them especially before themselves have taken any such Oath to be true faithfull constant to their own principles or any fixed setled Government since they have taught them to be treacherous perfidious disloyal by their own precedent examples and God himself hath denounced this Wo and retaliation against such Isay 33. 1. Wo unto thee that dealest treacherously and they dealt not treacherously with thee when thou shalt make an end to deal treacherously they shall deal treacherously with thee Which we have seen verified of late in sundry particulars even to admiration by divine retaliation to deterr all henceforth from the dangerous sin of Perjury Treachery Oath and Covenant breaking 4ly Whether it be not a most impious unchristian execrable if not Atheistical practice for any persons whatsoever especially without any colour of Parliamentary Authority to impose any Oath Vow or illegal Ingagement upon others diametrically repugnant to inconsistent with their former legal Oaths Protestations Covenants imposed on them by unquestionable Parliamentary Authority to their lawfull Soveraigns to ensnare wound their Consciences and involve them in the guilt of unevitable most apparent * Perjury and breach of all their former Oaths Protestations Covenants And whether such incur not that wo in Isay 10 1 2 3. Wo unto them that decree unrighteous decrees and that write grievousnesse which they have prescribed to turn aside the needy from Judgement to take away the right from the poor exiled Royal Issue and that they may rob the Fatherless And what will ye do in the day of Visitation and in the desolation which shall come from far to whom will ye flee for help and where will ye leave your glory If Ahabs and Jesabels suborning of false Witnesses against Naboath to gain his Vineyard who attested that Naboath did blaspheme God and the King brought such a heavy doom upon their persons and royal Posterity to their utter extirpation 1 Kings 1. 21 22. how much sorer judgements shall they incur who shall endeavour to make our whole 3. Kingdoms perjured in the highest degree by ingaging them to renounce blaspheme both God and the King abjure their former Oaths Covenants Protestations of purpose to disinherit the royal Posterity of their Crowns and Royalties which they have so precisely sworn protested covenanted over and over inviolably to defend and preserve 5ly Whether it can be just equitable prudential rational for any in present power to Commission intrust imploy Anabaptists Quakers with other Military Officers Souldiers by Land and Sea without prescribing any Military Oath unto them after so many meetings and violations of their trusts to the late King Parliament and other new Governours Governments of their own erecting to their total subversion to be true faithfull obedient and constant to them contrary to the Discipline of all former Ages amongst the Romanes Graecians and most other Nations who alwaies * imposed a Military Oath on all their Army-Officers Souldiers warranted by 2 Tim. 2 3 4 And in the mean time to inforce such a Oath upon all their Judges Justices and Civil Officers against their Judgements Consciences who are Orthodox in Religion approve of lawfull Oaths imposed by legal Authority of Parliament Magistracy and Ministry which Anabaptists Quakers and other Sectaries professedly oppugn and now violently endeavour to suppresse And whether those now sitting or any others who have taken the forecited Oaths to the late King and his Heirs or the Protestation League and Covenant can without apparent perjury and direct violations of them repute those few Reliques of the old Parliament now sitting forcibly secluding the Lords and Majority of their Fellow Members to be a lawfull Parliament within the Statute of 17 Car. c. 7 or submit to any Oaths Taxes Edicts of theirs as Parliamentarie or legal 6. Whether the forecited Oaths of Supremacy Allegigiance Maiors Sherisss Judges Recorders Bayliffs Parliament-Members and others in direct words extending not only to the late Kings person but his Heirs and Successors do not inviolably bind both them their Posterities and our whole three Nations Kingdoms in perpetuity in point of Law and Conscience so long as there is any Heir of the Crown and Royal line in being and that upon these unanswerable Scriptural presidents and legal considerations 7. Because Gods Oath and Covenant made to Eve Abraham Noah their Seed and Posterity and to the Israelites and their children and their Covenant made to God by Gods own resolution did oblige God himself and them in perpetuity from Generation to Generation Gen. 3. 15. c. 8. 21 22. c. 9. 1 to 17. c. 13. 16. c. 15. 18. c. 17. 2 to 22. c. 21. 13. c. 24. 7. c. 28. 4 13 14. Exod. 28. 43. c. 34. 7. Levit. 22. 3 4. Numb. 14. 24. c. 18. 19. c. 25. 12 13. Deut. 1. 8. c. 4. 31. 37. c. 5. 2 3. c. 7. 9 10 11. c. 8. 18. c. 11. 9. c. 28. 46. c. 29. 1. 4 to 20. c. 30. 6 9. c. 31. 21. c. 34. 4. Josh. 7. 11 15. c. 24. 3 to 29. 2 Chron. 20. 7 8. Neh.
not the blood of our beheaded King the disinheriting of his Heir and Successor the abjuration of Kingship it self the House of Lord the subvertion of all the Rights Freedoms Privileges of Parliament by those in late and present power against all the premised Oaths Protestations Solemn League and Covenant sworn by them in the name presence of God himself and the Lord Jesus Christ with hands laid on the Evangelists and listed up to Heaven and then subscribed for a perpetual Memorial cry aloud to God and Christ for the like avenging Justice from Heaven against the perjurious Infringers of them in a far higher degre than Vladislaus was guilty of if spread and held up before them by the disinherited King and Lords No doubt it will in Gods due time if not speedily really and deeply bewailed repented of by a plenarie satisfaction and restitution And cause God to shake out every man and his Posterity too from his House and from his labour and empty him and his of all present honours and enjoyments as Nehemiah shaked and emptied his lap that performeth not these Oaths Protestation League Covenant to which he and all the Congregation have said Amen Neh. 5. 12 13. Since the e very Pagan Graecians and Romanes insinuated as much in the Ceremonies of their sacred Oaths wherein they prayed That if they did not faithfully observe them without guile that Jove and the other Gods would smite and slay them as they did the lamb they then sacrificed to them and that they might be cast out and perish like the stone they threw out of their hands when they swore the Religion of an Oath being so great amongst the very Heathens that they thought all human Society abolished with its violation and those persons unworthy to live or breath amongst men who durst presume to infringe it though to their losse and prejudice And shall they not condemn us Christians and those most refined Saints of this Age who like the perfidious Atheistecal f Carthagenians Thessalonians and Parthians regard neither God nor Altars nor Covenants nor Oaths no farther than they serve their turnes to cheat and circumvent men to whom profit is more sacred than Faith or Oaths No doubt they will Ezech. 17. 18 19 20 21. Seeing he despised the Oath by breaking the Covenant when lo he had given his hand and hath done all these things he shall not escape Therefore thus saith the Lord GOD As I live surely mine Oath that he hath despised and my Covenant which he hath broken even it will I recompence upon his own head And I will spread my net upon him and he shall be taken in my Snare And I will bring him to Babilon and will plead with him there for his Trespasses that he hath trespassed against me And all his Fugitives with all his Bands shall fall by the sword and they that remain shall be scattered towards all Windes and ye shall know that I the LORD have spoken it FINIS ERRATA P. 13. l. 6. 1647. r. 1657. p. 16. l. 6. Justification r. Prevarication p. 18. l. 2. Meetings r. Mutinies Margin P. 23. l. 7. r. Sacramenti a Bracton l. 3. Tract. 2. c. 1. Britton c. 12. Lambardi Archaion LL. Edwardi Confessoris Lex 35. Spelmanni Glossarum p. 267 268. Cook 7 Repâ— Calvins case 1 Instit. f. 64 65 67 68. Tottles Magna Charta f. 164. Kitt f. 46. Exact Collection p. 370. Joh. Seldeni ad Eadmerum Notae p. 190 191. * See Gratian Caus. 22. â—u 5. De forma fidelitatis b Tottles Magna Charta f. 166. Iuramentum Majorum Ballivorum c Tottles Magna Charta f. 165 157. Claus. 35 E. 1. dors 7. Kitchin f. 46. 47. d 18 E. 3. stat 4. 20 E. 3. c. 1 2. Claus. 20 â— E. 1. pars 1. do s 13. 3 R. 2. Rot. Parl. n. 38 39 40 41. Rastall Iustices 2 Rot. Parl. 25 E. 3. n. 10. Cooks 3 Instit. p. 145. c See Exact Collection p. 278 296 337 340 342 361 367 491 498 522 523 666 770 828 839. * And have they not been so more since and now then ever before * As since and now by doubled illegal Taxes Excises High Courts of Justice Arbitrary Junctoes and their new Knacks * New quite sold and consumed * Have they not since that in 1648. and now again effected it f A Collection of Ordinances p 327 359 390 399 404 416 420 to 428. 458 459. 606. 690. 702. 751. 768 769. 798. 802 803. 806 807 808 878 879 889. Quaere whether this be not violated in every branch in the highest degree g Exact Collelection p. 769. Exact Abridgement of the Records in the Tower p. 157. 176. 454. See Oath in the Table h See my True and perfect Narrative p. 22 to 40. 92. i The true state of the case of the Common-wealth p. 9 11. ‖ Juramenta illicita jurari et jurata servari non debent Gratian Causa 22. qu. 4. throughout i St. Aug. de Verbis Apostoli Serm. 30. Gratian Caus. 22. qu. 1 2 5. Grotius de Jure Belli Pacis l. 2. c. 13. Jusjurandum habetur apud omnes ultimum atque firmissimum fidei mutuae veracitatis pignus Procopius Persiâ— corum l. 2. Ultima fides inter homines tum Gâ—aâ—cos tum Barbaro quam nulla delebit aetas est ea quam per jurata pacta sponseres adhâ—bet Deos. Dionys Hallicarnast Antiqu. Rom. Nullum Vinculum ad adstringendam fidem majores nestâ—i Juramento arctius esse voluerunt Ciceâ—â— Offic. l. 1. k S. Augustin Gratian Grotius ibidem Caelius Rhodiginus Lectionum Antiq. l. 21. c 15 * Qui perjurare compellit et qui compellitur utrique sunt perjuri homicidae Dominus quia praecepit Miles quia plus Dominum quam Deum animam suam dilexit Gratian Causa 12. qu. 5. Augustin Serm. 30. de verbis Apostoli * See vegetius de Re Militari 1. 2. Alexander ab Alexandero Genial Dierum l. 1. c. 21. l 6 c. 23. Calvini Lexicon Juridicum Tit. Juramentum Militare Fr. Connanus l. 5. c. 3. Grotius de Jure Belli l. 1. c. 2. * See Levit. 23. 41. * Littleson Firzh Brook Ash Tit. Warranty Covenant Obligation Condition Tenure m prov. 24. 20. 21. Rom. 13. 3. 4 5 6. 1 Tim 2. 2 3. 1 Pet. 2. 13. 14. n my True perfect Narrative p. 95. * Jesus pacem quam dederat revocandam non censuit quia firmata erat Sacramenti Religione ne dum alienam perfidiam arguit suam fidem solveret Ambrosius de Officiis l. 3. c. 10. * Archbishop vshers Annal. Vet. Testamenti Anno 2553. 2983. 2986. * See 7 Jac. c. 6. 17 Car. c. 7. here p. 7. q 1 Kings 15. 19. Cook 4 Instit. c. 26. p. 155 156. 4 II. 5. Rot. Parl. n. 24. â— E. 4. 2. See Br. Fith Tit. Corporation Abbie Cooks 1 Instit. f. 2. 94. 102 150. Grotius de Jute