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A70864 Concordia discors, or, The dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many time-serving saints, officers, without scruple of conscience ... by William Prynne, Esq. ... Prynne, William, 1600-1669. 1659 (1659) Wing P3928; ESTC R22150 38,103 48

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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
1. 5. c. 9. 8 32. Ps. 25. 13. Isay 34. 5. c. 44. 3. c. 59. 21. c. 61. 8 9. c. 62. 22. Mal. 2. 4 to 15. c. 4. 6. Acts 2. 39. c. 3. 25. c. 7. 5 45. c. 13. 23. Rom. 4. 13 16. c. 9. 7 8. c. 11. 1 2 27. Gal. 3. 16. to the end Heb. 8. 6 to 11. c. 11. 18. c. 13. 20. Lu. 1. 72 73. Rev. 12. 17. Levit. 26. 9 15 25 42 44. 2 Kings 17. 15 to 41. Psal. 44. 17 18. Ps. 78. 10. 38. Ps. 89. 3. 4 5 34 35. Ps. 103. 17. 18. Ps. 105. 8 10. Ps. 111. 5 9. Isay 24. 5. c 42. 6. c. 49. 8. c. 54. 3. Jer. 11. 2 to 12. c. 22. 9. c. 31. 31. 32 33. c. 29. 10. to 20. c. 33. 20. 21. c. 50. 5. Ezech. 16. 60. 62. c. 37. 28 29. c. 44. 4. Hos. 8. 1. Heb. 6. 16. 17. Therefore mens Oaths Covenants to Kings and their Posterity must likewise bind in succession and perpetuity 2ly Because Gods Oath and Covenant made to David and to his House Royal Seed and Posterity touching their succession in the Royal Throne of Iudah was hereditary successive extending to all his Issue and Posterity and though many of them were wicked rebellious yet this did not cause or provoke God to dethrone or disinherit them or infringe his Oath and Covenant to David 2 Sam. 3. 12. to the end c. 22. 51. 1 Kings 2. 33. Psal. 89. 2 3 33 to 38. Ps. 132. 11 12 13. Ps. 18. 50. Jer. 33. 17 19 20 21. 1 Chron. 28. 4 to 10. Jer. 17. 24 24 25 26. 1 Kings 11. 12. 13 36 39. 2 Kings 8. 9. 2 Chron. 21. 5 6 7. 2 Chron. 23. 3 c. Jer. 23. 4 5. Zezh 9. 9. John 13. 13 15. Lu. 1. 32 33. Therefore much more where Oaths Covenants are made by Subjects to their Hereditary Kings and their Posterity they must remain inviolable and not be abrogated by their transgressions 3ly Because the Oath which Joseph took of his Brethren the children of Israel to carry up his Bones out of Aegypt into Canaan when God should bring them out of Aegypt Gen. 50. 24 25. though not made precisely for them and their Posterity was reputed by Moses and them to be obligatorie to their seed as if made by them even in point of Conscience as is evident by Exod. 13. 19. And Moses took the Bones of Ioseph with him though driven out of Egypt by Pharoah for he had straitly sworn to the Children of Israel saying God will surely visit you and you shall carry up my bones hence with you Which bones of his they by vertue of this Oath notwithstanding Pharoahs pursuit after them carryed along with them through the red Sea and through the wildernesse forty years and through the Land of Canaan till they had quite conquered it notwithstanding all their wars Iosh. 24. 32. near 500 years after this Oath first made If then Moses Ioshua and all the Israelites held themselves thus conscienciously obliged by the Oath of their deceased Ancestors above four hundred years before to carry up Iosephs dead bones out of Aegypt notwithstanding all Objections of hast and danger from Pharoah and his Host their forty years wandring in the wildernesse their wars in Canaan and meanesse of the matter in relation to their publick safety no wayes concerned in it Then much more must our Ancestors and our own particular reiterated Oaths in precise terms to our Kings their Heirs and Successors which so much concern our publick Government Peace Settlement Safety Prosperity engage our whole Kingdom and three Nations to a consciencious observation of them to the uttermost of their power 4ly Because Davids Oath to Saul and Jonathan extended to their seed 1 Sam. 24. 21 22. Swear now therefore unto me by the Lord that thou wilt not cut off my seed after me and that thou wilt not destroy my name out of my Fathers House And David swore unto Saul 1 Sam. 20. 14 to 18 42. And Jonathan said to David thou shalt not only while I yet live shew me the kindnesse of the Lord that I die not but also thou shalt not cut off thy kindnesse from my House for ever no not when the Lord hath cut off the Enemies of David every one from the face of the Earth So Jonathan made a Covenant WITH THE HOUSE OF DAVID And Jonathan caused David to swear again because he loved him And Ionathan said to David go in peace for as much as We have sworn both of us in the name of the Lord saying the Lord be beeween thee and me and between thy Seed and my Seed for ever How conscienciously David observed these Oaths after the deaths of Saul and Ionathan is apparent not only by his love favor and affection to Mephibosheth for Jonathans sake whom he restored to all that was Saule made him eat continually at his Table 2 Sam. 9. 1. c. and by his slaying of Baanah and Rechab for murdering Ishbosheth Sauls son his Competitor when they brought his head unto him expecting a great reward 2 Sam. 4. But more especially by his sparing Mephibosheth the Son of Jonathan the son of Saul because of the Lords Oath that was between them between David and Jonathan extending to their seed and posteritie when the Gibeonites demanded 7. of the sons of Saul to be delivered up to them 2 Sam. 21. 5 6 7. 5. Because Esther 9. 27 28 31. The * Iews ordained and took upon them and upon their séed and upon all such as joyned themselves unto them so as it should not fail that they would keep these two dayes of Purim according to their writing and according to their appointed time every year as those in the Parliament of 3 Jac. c. 1. and their Posteritie have observed the 5 of November annually ever since and that those dayes should be remembred and kept throughout every Generation every Family every Province and every City and that those dayes of Purim should not fail from among the Iews nor the memorial of them perish from their séed which they decreed for themselves and for their seed If the whole Nation of the Jewes by an Ordinance and Decree might thus binde their seed posterity to observe the daies of Purim for ever With like reason they might by an Oath Covenant oblige themselves and their posterities for ever to their hereditarie Kings their heirs and posterities for ever And so may we and all other Nations by the like Acts Decrees and the forecited Oathes as is clearly resolved declared enacted by the Statutes of 25 H. 8. c. 22. 26 H. 8. c. ● 28 H. 8. c. 3. 35 H. 8. c. 1. 1 Eliz. c. 1. 3. 5 Eliz. c. 1. 1 Jac. c. 1. 3 Jac. c 4. 7 Jac. c. 6. 6ly Because the president of the Rechabites who upon the command of their Father Ionadab the son of Rechab That neither they nor their Sons for ever should