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A62874 A serious consideration of the oath of the Kings supremacy wherein these six propositions are asserted. 1. That some swearing is lawful. 2. That some promissory oaths are lawful. 3. That a promissory oath of allegiance and due obedience to a king is lawful. 4. That the King in his realm, is the onely supreme governour over all persons. 5. That the king is the governour of the realm, as well in all spiritual or ecclesiastical things, or causes, as temporal. 6. That the jurisdictions, priviledges, preeminences, and authorities in that oath, may be assisted and defended. By John Tombes B.D. Tombes, John, 1603?-1676. 1660 (1660) Wing T1818; ESTC R220153 19,748 28

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the Lord liveth that hath redeemed my soul out of all distress even as I sware unto thee that by the Lord God of Israel assuredly Solomon thy son shall reign after me and he shall sit upon my throne in my stead even so will I certainly do this day 4. That which is made a qualification of one that shall dwell in Gods holy hill is not unlawful but to swear to his hurt and not to change that is to take a promissory Oath and not to change though it be to his dammage is made a qualification of one that shall dwell in Gods holy hill Psal. 15. 4. Ergo Some promissory Oaths are lawful The third Proposition That to swear to a King or Governour is lawful is proved 1. From approved examples which prove either a duty or at least lawfulness of the thing That which hath been practised by holy men without reproof is lawful But swearing to Kings and Governours Allegiance and Obedience hath been practised by holy men Ergo The minor is proved by instances of the people to David 2 Sam. 5. 3. So all the elders came to the king to Hebron and king David made a league with them in Hebron before the Lord and they anointed David king over Israel 1 Chron. 11. 3. Then came all the elders of Israel to the king to Hebron and David made a covenant with them in Hebron before the Lord and they anointed David king over Israel according to the word of the Lord by Samuel A Covenant before the Lord was an Oath but the people of Israel a holy people made a covenant before the Lord with David their king therefore they entred into an Oath of Allegiance and due Obedience The other is more plain 2 King 11. 4. And in the seventh year Jehojada sent and fet the rulers over hundreds with the captains and the guard and brought them to him in the house of the Lord and made a covenant with them and took an Oath of them in the house of the Lord and shewed them the kings son vers. 17. And Jehojada made a covenant between the Lord and the king and the people that they should be the Lords people between the king also and the people 2 Chron. 23. 3. And all the congregation made a covenant with the king in the hosue of God and he said unto them Behold the kings son shall reign as the Lord hath said of the sons of David vers. 6. Then Jehojada made a covenant between him and all the people and between the king that they should be the Lords people These are express examples of swearing Allegiance to Kings which is consonant to what our Lord Christ teacheth that we should render to Caesar the things that are Caesars as to God the things that are Gods Matth. 22. 21. Besides we finde David swearing to Saul 1 Sam. 24. 22. the people conceiving themselves bound by Sauls adjuration 1 Sam 14. 24 28. Shimei was bound by the Oath which Solomon imposed on him where Solomon speaks thus to him Why hast thou not kept the Oath of the Lord and the commandment that I have charged thee with Abrahams servant sware obedience to Abraham and counted himself bound to keep it Gen. 24. 2 3. Then arose Ezra and made the chief Priests the Levites and all Israel to swear that they should do according to this word and they sware Ezra 10. 5. Nehemiah made them swear by God saying ye shall not give your daughters unto their sons nor take their daughters unto your sons or for your selves Nehem. 13. 25. 2. From Gods dealing with Zedekiah that kept not the Oath made to the King of Babylon Ezek. 17. 18 19. where God doth not except against the Oath but the breaking of it calling it his Oath which he had despised and his covenant that he had broken whence I argue That which God calls his Oath the despising of which he avengeth may be lawfully taken But an Oath of subjection even to the King of Babylon God calls his Oath the despising of which he avengeth therefore some Oath of subjection to a King may be lawfull 3. From the words of Solomon Eccles. 8. 2. I counsel thee to keep the kings commandment and that in regard of the Oath of God The Oath of God seemeth to be an Oath by God to the king being made the reason of keeping the kings commandment as the Oath of Shemei 1 King 2. 43. is termed the Oath of the Lord Zedechiah's Oath to the King of Babylon Gods Oath and Covenant Ezek. 17. 19. Prov. 2. 17. the wives covenant with her husband is called the covenant of her God whence I argue That which is Gods Oath and is urged as the reason of keeping the Kings command is lawful But an Oath of subjection to a King is Gods Oath and urged as the reason of keeping his commandment as the Text shews therefore it is lawful If by the Oath of God be meant not a particular Oath to a King but the general Oath or Covenant to obey God which seems not so likely because it is the special reason of keeping the Kings Commandment yet thus also the argument holds If it be lawful to make a general Oath to God of keeping his Laws and this be one of Gods Laws to keep the Kings commandment and that the particular Oath of subjection to the King is comprehended in the general Oath of keeping Gods commands a particular Oath of obedience to the King is not unlawful 4. That is lawful which is of necessary use for the Publique good But some swearing to a King or other Governors is of necessary use for the publique good therefore it is lawful The major is confirmed in proving the major of the fifth argument of the first proposition The minor is proved by experience even Jehojada and David conceived so and the reason is because the common peace and good government cannot be kept but by good correspondence between Prince and people therefore if mutual Oaths tend thereto as often they do they are of necessary use for the publique good The grand objection is from the words of our Saviour Math. 5. 34 35 36 37. But I say unto you Swear not all neither by heaven for it is Gods throne nor by the earth for it is his footstool neither by Jerusalem for it is the city of the great king Neither shalt thou swear by thy head because thou canst not make one hair white or black But let your communication be yea yea nay nay for whatsover is more then these cometh of evil and of the Apostles Jam. 5. 12. But above all things my brethren swear not neither by heaven neither by the earth neither by any other Oath but let your yea be yea and your nay nay lest ye fall into condemnation which words do seem expresly and fully to forbid any swearing at all excluding some sorts of Oaths by name and the rest by General terms with prescription that our
If holy men afore the Law under the Law in Gospel times have put promissory Oaths on others then they are not altogether unlawful This is proved by the same reason by which the like consequence is proved before in proving the fourth argument of the former proposition But holy men afore the Law as Abraham Gen. 24. 2. 3. under the Law as Moses Deut. 29. 14. Jonathan 1 Sam. 20. 17. Asa and the people of Israel 2 Chron. 15. 12 13 14 15. Ezra Ezra 10. 5. in Gospel times Paul 1 Thes. 5. 27. adjuring the Thessalonians by the Lord that that Epistle be read to all the holy brethren have put promissory Oaths on others Ergo 3. That which godly men have practised and still counted as well done that is lawful But some promissory Oaths godly men have practised and still counted as well done Ergo The major is probable and in this case considering the persons and the holy Ghosts recording as he hath done certain The minor is proved by instances of David Psal. 119. 106. I have sworn and will perform it that I will keep thy righteous judgements 1 Sam. 20. 42. And Jonathan said to David Go in peace forasmuch as we have sworn both of us in the name of the Lord saying The Lord be between me and thee and between my seed and thy seed for ever Nehem. 10. 29. They clave to their brethren their nobles and entred into a curse and into an Oath to walk in Gods Law 1 King 1. 29 30. And the king sware and said As the Lord liveth that hath redeemed my soul out of all distress even as I sware unto thee that by the Lord God of Israel assuredly Solomon thy son shall reign after me and he shall reproof is lawful for in all these times and by such men moved as they were by Gods spirit even in their holy speeches and writings it would not have been done had it been sinful But some swearing hath been the practise of the godly before under the law and in the times of the Gospel as is proved by instances as of Abraham that lift up his hand to the most high God Gen. 14. 22. of Isaac Gen. 26. 31. of Jacob Gen. 31. 53. under the law of the people of Israel Josh. 9. 19. 20. of David and Jonathan 1 Sam. 20. 3. 42. David to Saul 1 Sam. 24. 22. of Urijah 2 Sam. 11. 11. of Ittai 2 Sam. 15. 21. of David 1 Kings 1. 29 30. 2. 8. of Solomon Vers. 23. of Elijah 1 Kings 17. 1. of Michajah 1 King 22. 14. of Elisha 2 King 2. 4. 6. and 3. 14. and 5. 16. and the woman of Shunem 2 King 4. 30. in the times of the Gospel of Paul 2 Cor. 1. 18. using this Oath As God is true vers. 23. I call God to record upon my soul and 11. 31. and 12. 19. 1 Cor. 15. 31. this is a form of swearing By your rejoycing which I have in Christ Jesus it being in Greek {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which is a particle of swearing not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} or {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which are prepositions noting the means or instrument of the effect of the Angel Revel. 10. 6. who sware by him that liveth for ever The like are Rom. 1. 9. 9. 1. Gal. 1. 20. Philip 1. 8. Ergo 5. That which hath a necessary use for the benefit of humane society is not unlawful But some swearing hath a necessary use for the benefit of humane society Ergo The major is plain it agreeing with the law of nature and nations which is of necessary use for the benefit of humane society which lawes God the author of nature hath imprinted in all and indeed hath made all his laws for men one towards another subservient thereto The minor is plain from the words of the Author to the Hebrews Chap. 6. 16. An Oath to men is an end of all strife which is a necessary use for humane benefit 6. That which hath been counted by all nations as a Sacred thing a principal part of the acknowledgment and worship of God is not unlawful of it self But so hath some swearing been counted Ergo The minor is proved by Gods own words Deut. 10. 20. Thou shalt fear the LORD thy God him shalt thou serve and to him shalt thou cleave and swear by his name The second That promissory Oaths may be lawful is thus proved 1. That is not altogether of it self evil or unlawful which God makes a bond of the soul to be kept and performed to the Lord But some promissory Oaths God makes a bond of the soul to be kept and performed to the Lord Ergo Some promissory Oaths may be lawful The major is proved because that which is altogether unlawful cannot binde the soul to God nor is to be kept and performed to the Lord The minor is proved from Numb. 30. 2. If a man vow a vow unto the Lord or swear an Oath to binde his soul with a bond he shall not break or profane his word he shall do according to all that proceedeth out of his mouth Matth. 5. 33. Again ye have heard that it hath been said by them of old time Thou shalt not forswear thy self but shalt perform unto the Lord thine Oaths where a promissory Oath is made a bond to binde the soul with to be kept and performed to the Lord 2. If holy men afore the Law under the Law in Gospel times have put promissory Oaths on others then they are not altogether unlawful This is proved by the same reason by which the like consequence is proved before in proving the fourth argument of the former proposition But holy men afore the Law as Abraham Gen. 24. 2. 3. under the Law as Moses Deut. 29. 14. Jonathan 1 Sam. 20. 17. Asa and the people of Israel 2 Chron. 15. 12 13 14 15. Ezra Ezra 10. 5. in Gospel times Paul 1 Thes. 5. 27. adjuring the Thessalonians by the Lord that that Epistle be read to all the holy brethren have put promissory Oaths on others Ergo 3 That which godly men have practised and still counted as well done that is lawful But some promissory Oaths godly men have practised and still counted as well done Ergo The major is probable and in this case considering the persons and the holy Ghosts recording as he hath done certain The minor is proved by instances of David Psal. 119. 106. I have sworn and will perform it that I will keep thy righteous judgements 1 Sam. 20. 42. And Jonathan said to David Go in peace forasomuch as we have sworn both of us in the name of the Lord saying The Lord be between me and thee and between my seed and thy seed for ever Nehem. 10. 29. They clave to their brethren their nobles and entred into a curse and into an Oath to walk in Gods Law 1 King 1. 29 30. And the king sware and said As
communication be yea yea nay nay and determination that what is more then these cometh of evil or the evil one which made some of the Ancients and later godly persons conclude all Oaths of any sort prohibited now to Christians though they were not to the Jews But the reasons foregiven are so cogent to the contrary that we must of necessity finde out a limitation of the speeches as we do and rightly for the next words of our Saviour following vers. 38 39 40 41 42. which are as full in shew for not resisting of evil but offering our selves to receive further injury and permitting more dammage and profuse vain casting away our estates contrary to the law of nature in our necessary defence to that necessary moderate providence which belongs to every man that due respect which each is to have to the rules of mercy bounty and our own imployment and family so that without good caution we shall make Christs precept in stead of being useful to become pernicious That we may then consider how to understand our Lords precept about swearing we are to take this as certain that Christs precept forbids somewhat which the Pharisaical teachers allowed though they forbad perjury now one thing seems to be forbidden by our Lord Christ to wit the making of such distinction of Oaths as the Pharisees did and accordingly used them which seems to have consisted in two things 1. In conceiving they might use Oaths by some creatures as if in such use there were no relation to God and so no profaning of his name or taking it in vain The reason of this seems to be Christs and James his instances onely in such sorts of Oaths as were by creatures and the refutation of their conceit by shewing that all referred to God as the Oath by the heaven was by God sith it was his throne by the earth sith it is his footstool by Jerusalem sith it was his city by the head sith he makes the hair white or black 2. That some of these Oaths made them debtors to perform what they sware and not other which appears from Christs own charge upon them Matth. 23. 16 17 18 19 20 21 22. where he terms them fools and blinde guides for such decision concluding that all those Oaths had respect to God and did binde And accordingly Christ is not to be understood as forbidding simply all Oaths but such differencing of Oaths in their meaning and obligation as the Pharisees and other Jews either superstitiously or otherwise erroneously used yet I do not conceive this is all For the words Swear not at all neither by heaven nor earth nor any other Oath but prescribing yea yea nay nay censuring more to be from evil or the evil one seems to forbid all Oaths in some cases or manner which some conceive as if he forbad a promissory Oath universally or a vow with an Oath But these opinions stand not with the second Proposition before proved nor do I finde any thing in the text leading to them And therefore I conceive that the prohibition is of that frequent vain light profane unnecessary customary passionate swearing or in secular matters of no importance without any dread of an Oath or consideration of the holiness of God upon a provocation to anger as David 1 Sam. 25. 21. or deceifully as those Psal. 24. 4. all who take Gods name in vain which I gather from the text 1. In that he prescribeth their yea yea nay nay to be in their speech or communication which seems to be meant of their familiar speech one with another in their answers to each other 2. Because James saying Let your yea be yea and your nay nay doth exlude inconstancy and lightness and prescribes such considerateness as that they need not unsay what they have said that to use the Apostles speech 2 Cor. 1. 18. Our words may not be yea and nay off and on but yea and Amen that is firm and ratified so as that deeds answer to words as becomes men that consider what they say and still say that taught the good knowledge of the Lord 2 Chron. 30. 1 2 5 22. Removed the high places and brake the images and cut down the groves and brake in pieces the brazen serpent that Moses had made for unto those days the children of Israel did burn incense to it 2 King 18. 4. Appointed the courses of the Priests and Levites with the portion to be given to the Priests and the Levites 2. Chron. 31. 2 4. Josiah purged the land of Idols repaired the Lords house gathered all the people to hear the Law read and to make them to stand to the covenant he made before the Lord to walk after the Lord And in the doing of these things the Kings are said to do that which was right in the eyes of the Lord and to walk before the Lord with a perfect heart 2. On the contrary the not removing the high places and permitting Idols and neglecting the setting up of Gods true worship and service is charged upon some of the Kings as their sin 1 King 15. 14. and 22. 43. 2 King 14. 9. and 15. 4. 3. God gives a special charge to the King to have a copy of the Law and to read therein that he may learn to fear the Lord and to keep all the words of the Law Deut. 17. 18 19. and therefore when Jehojada crowned King Jehoash he gave him the testimony 2 King 11. 12. that he might be minded that he was as a King to know and to see to the keeping of the whole Law 4. The open practice of Idolatry is imputed to the want of a King in Israel Judg. 17. 5 6. and 18. 1. which proves that the King in Israel ought to restrain from Idolatry and not to permit every man to do what was right in his own eyes The ma●or is manifest because the Office of the Kings of Israel was no ceremonial function as the Priests but moral and of perpetual use and therefore belongs to other Kings as well as the Kings of Israel nor doth the Gospel deprive them or any other of their State and Authority by their becoming Christians for then suppose King Agrippa had become a Christian he must have ceased to be a King and have had his Kingly power diminished but as the Apostle resolves concerning servants and persons of other conditions 1 Cor. 7. 24. Brethren let every man wherein he is called therein abide with God that is his Christian calling doth not bind him to leave the state and condition of life in which he was nor diminish his Authority which he had when he was called to be a Christian as not consisting with Christianity so is it true concerning Kings and other Magistrates they have greater obligation to God and the Lord Christ no less Authority and power as Kings by their Christianity but they may abide in their Office and exercise the lawful Authority they had before Perhaps