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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