the Lord shall have them in derision he shall bruise them with a Rod of Iron and breake them in peeces like a Potters Vessell Be wise now therefore O yee Princes be learned O yee that are Judges of the Earth What though many Oxâ—n are come about the King and fat Bulls of Rasan have closed him in on every side that gape upon him with their mouthes as if they were ramping and roaring Lions was not this good King Davids case Psal. 22. 12. was not he hunted after by Saul to destroy his life as a man hunteth after a Partridge in the Mountaines 1 Sam. 26. 20. did not his enemies lie waiting in his way on every side turning their eyes downe to the ground Like as a Lion that is greedy of his prey and as it were a Lions Whelpe lucking in secret places Psal. 17. 11. 12. They spake against him with false tongues compassed him about with words of hatred fought against him without a cause Psal. 109. 3. And Davids enemies kept him Prisoner too as out King is for they compassed him about Psal. 140. 9. Nay he complaines more heavily they that hate me without a cause are more then the haires of mine head they that are mine enemies and would destroy me guiltlesse are mighty Psal. 69. 4. Yet what of all this Are not there many promises held forth in the holy Scriptures to us that may assure a man of the smallest faith that the King shall be reestablished in his Throne and his enemies confounded for David assures us there is verily a reward for the righteous Doubtlesse there is a God in Heaven that judgeth in the earth Psal. 58. 11. and Psal. 9. The Lord is knowne by executing judgement the wicked shall be shared in the works of their owne hands for the poore shall not be alwaies forgotten the hope of the afflicted shall not perish for ever and to prove this he affirmes by way of evidence Psa. 27. 2. When the wicked even mine enemies and my foes came upon me to eate up my flesh they stumbled and fell and Psal. 30. He shewes his deliverance by his thanksgiving in these words I will magnifie thee O Lord for thou hast set me up and not made my foes to triumph over me thou hast turned my heavinesse into joy thou hast put off my sackcloth and giâ—ded me with gladnesse How then can I dispaire of our Kings deliverance and victory I hope I may without offence say that I beleeve our King is a parallell to David in his vertues and the justice of his Cause and therefore shall with David Psal. 21. conclude this point The King shall rejoyce in thy strength O Lord exceeding glad shall he be of thy salvation thou shalt give him his hearts desire and wilt not deny him the request of his lips and why Because the King putteth his trust in the Lord and in the mercy of the most highest he shall not miscarry And for the latter part of your Argument which is that either the King will signe the Propositions and so mine estate will be confiscated or if he doe not the Parliament will doe it by their Ordinances without him I answer that I feare not his Majesties consent to give away the estates of his Loyall Subjects but if he be a Prisoner as you signifie unto me by your letters that he is I feare not much that his assent to the Propositions can take away mine estate neither doe I hold it a peece of wisdome to presse his consent perdures to such Propositions for you that are learned in the Lawes know that such consent is not any way binding at all amongst common persons a fortiori in the Kings cause And for their disposing of mine estate by Ordinance without the Kings consent I must deale plainely with you it terrifieth me not at all for I am cleerely of opinion that no Ordinance without the Kings consent is binding to the people or can alter any property that I have in mine estate by the Fundamentall Lawes of the Land And if the King should consent to such an Ordinance it were onely binding till the first Sessions of the next Parliament and then to dye of it selfe if not againe revived which if I thought you doubted of I would take the paines to cleare it by citing you authorities sufficient in the point whereupon I doubt not but you wil infer that there can be no good assurance or sale made of the Bishops lands by Ordinance without the Kings Royall and personall assent nor that both or either House of Parliament can dispose of his Royall person by any Law of the Land and I hope God will never permit them to dispose of him otherwise then to re-establish him in his Throne againe and invest him with all his Royall powers and interests which by the knowne Lawes of the Land are due unto him and to make him a glorious King according to their severall Declarations Protestations oaths of Supremacie and Allegiance and according to their solemne League and Covenant all which Protestations Oaths and Covenants every Member of both Houses either by the Lawes or by their owne Orders hath or ought to take Now as concerning the Covenant if I understand it aright the principall ends of it are the setling of Presbyterian government in the Church the extirpation of Episcopacy the right and priviledges of Parliament the preservation of the Kings Majesties person and authority which is qualified with a clause of equivocation viz. in the maintenance of the true Religion and liberties of the Kingdome to bring Incendiaries and malignants or evill instruments to condigne punishment and lastly to assist and defend all those that joyn in that League and Covenant to the ends and purposes aforesaid These being the ends of the Covenant it is expedient that I should consider whether it be lawfull to take any Covenant tending to these ends for I will not dispute the legality or illegality of taking of Covenants in generall but whether without my King and his confirmation I may make any Covenant at all with any sort of people in this Land especially to abrogate any knowne and established Law of the Land Now to pull downe that government of Episcopacy which is established by divers acts of Parliament in this Kingdome to set up Presbyterian by force of Armes which is inconsistent with the Laws and Statutes of this Realme and without the Kings consent who by his office of divine appointment is the nursing father of the Church as Isaiah 49. 22. and by the Statutes of this Land acknowledged to be supreame Moderator and governour of the Church and Kingdome as hereafter is more at large declared I very much doubt and scruple whether I may doe it and the rather for this cause for feare lest joyning in an unlawfull Covenant haply I be found to fight against God as it was said in the case of the Apostles Act. 5. 30. for if I enter into
A Looking-glasse FOR THE PARLIAMENT Wherein they may see the Face of their UNJUST ILLEGALL TREASONOUS and REBELLIOUS PRACTICES 1 Against Almighty GOD 2 Against their KING 3 Against the Fundamentall LAWES of the Kingdome 4 Against their own Oaths and Covenants Argued betwixt Two Learned JUDGES the one remaining an exile beyond the Seas the other a Prisoner for his Allegiance and Fidelity to his KING and COUNTRY Printed in the Eighth yeer of the Parliaments Tyranny and Oppression 1648. To the Reader COURTEOUS READER WHosoever thou art that shalt peruse this insuing Discourse we desire thee to doe it with Candor and without prejudice of opinion before thou hast warily read it seriously consider it and advisedly weighed it and when thou hast so done if thou shalt approve of it practice it if thon doest not let us receive thy modest reproof in writing and informe us better by more learned and infallible Arguments of the truth in those grounds we have laid down to our selves and we shall hold our selves much obliged unto thee and remaine Studious to doe thee good D. I. R. H. Dated Feb. 7. An. D. 1648. A LOOKING GLASSE for the PARLIAMENT IVDGE SIR I Must confesse to you that I doe apprehend that there is a Legislative Power in the Parliament but I take it to be in sensu conjuncto not in sensu diviso in a sense when the KING is joyned to both Houses of Parliament not when he is divided from them either in his Will or Person For neither House by it self or both Houses together have Power to make a Law to binde the Subject without the Royall assent now the Legislative Power is nothing else but a Power to repeal old Lawes or to make new ones that shall binde the Subject neither can the KING by himself repeal any established or make any Law binding to the subject without the preparation or assent of both Houses not joyning with any one House make a Law or Ordinance to binde the other nor repeal any Law whatsoever and I am very confident you cannot shew me an authority in our Laws to the contaary But you will peradventure say That the KING will fully absent himself from both his Houses of Parliament and that thereupon his Power is inherent in and devolved to the Parliament If you should make this objection besides what you will finde hereafter expressed as touching this question the practice of all times shew the contrary for as on the one part if he be personally present with his Parl. yet he may be wilfully absent or absent in his will as if he answer to any bill promoted to him Le Roy sâ—avisera or the King will advise upon it it stands at present for a negation of the bill and thereby it is made incapable that Session to be an Act so on the contrary part if the King be absent from both Houses of Parliament in person hee may be present in his will that is if his person were at York and both Houses sitting at Westminster and they should send him Bills to signe which he should accept of and indorse this upon them Le Roy le Veut or the King wills this is an affirmation of those bills and makes them Acts of Parliament which not only proves that one or both Houses by themselves have not legislative power without the King for as to the making of Lawes they have but a preparatory power to frame and present bills for the Royall signature and approbation but also that if the King bee absent in person from them either willingly or by occasion of necessity his legislative power is not representatively lodged in or devolved unto one or both Houses of Parliament I will agree with that great lover of Parliaments and learned Father of the Law Sir Edward Cooke in the fourth part of his Institutes p. 6. That a Parliament cannot begin or be held but either in the Kings person or by representation By representation two wayes either by a Guardian of England by Letters-patents under the Great Seale when the King is in remotis out of the Realme or by commission under the Great Seale to certaine Lords of Parliament representing the Kings person he being within the Realme by reason of some infirmity so that we hereby conclude that the King is not represented in Parliament of common course but only by speciall Commission in one of these two causes in the first of which cases Edward Duke of Cornewall and Earle of Chester held a Parliament in 24. E. 3. for King Edw. the third And John Duke of Bedford brother and Lieutenant to the King and Guardian of England held a Parliament as Guardian of England in the fifth year of King H. the fifth and in the second case in 3. E. 4. a Parliament was begunne in the presence of the King and prorogued untill a further day And when William Arch-bishop of York the Kings Commissary by Letters-patents held the same Parliament and adjourned the same the cause of the said prorogation being because the King was inforced to goe into Glocestershire to represse a Rebellion there so in 28. Eli. Queen Elizabeth by her Commission did by her Letters-patents authorise John Whit gift Arch-bishop of Canterbury William Baron of Burleigh Lord Treasurer and Henry Earle of Darby to begin hold and prorogue a Parliament and this Commission is entred in the Journall booke of the Lords house over which is written Domina Regina representatur per comissionarios viz. That our Lady the Queene is represented by her Commissioners which precedents in both cases plainely prove that the King is not of course representatively in Parliament nor his power lodged there but by his speciall Commissions or Letters Patents which may suffice as to this point but for those parts of your motives that the power of both Houses is above the Kings you shall find answered unto hereafter And whereas you write that the Scots have delivered up the King and that he is a Prisoner and his Person at their disposition that the City and Parliament are united that the whole strength of the Kingdome is in their hands that Bishops will be rooted out their Lands sold and Presbyterian government setled which I conceive you alledge as arguments to perswade me to compound and take the Oathes you mention these are rather arguments of force and fraude by all zealous lovers of honour Justice and Piety to be resisted and withstood then of truth and reason tobe submittd unto and looke more like arguments of Sutors Hill then Westminster Hall but if you lay them before me as perswasions of feare and terrour I answer you in the words of King David that you may see how vaine these conceits are Psal. 2. The Princes of the earth stand up and take councell against the Lord and against his Anoynted saying Let us breake their bonds asunder and cast away their cords from us he that dwelleth in Heaven shall laugh them to scorne
said That the naturall body of the King and his politique make but one body for as long as the naturall body lives the politique is inherent being meerely imaginary and invisible as it is said in Calvins case whereupon I inferre that the Kings politique capacity his body being absent is not in the Parliament And in 10. Eliz. Plowdens 316. it 's affirmed That the law makes not the servant greater then the Master nor the subject greater then the King for that were to subject order and measure since therfore the King hath so undoubted a right to the Crowne and is my lawfull Sovereigne and mine allegiance is due unto the Kings person by the Law of the Land Recognized and acknowledged in so many severall Parliaments in all ages and confirmed by so many undeniable authorities in Law reported in our Books and since it stands proved that mine Allegiance is due unto his naturall person both by the Law of God nature and the law of the Land and can neither be abjured released or renounced being inseparable from the person of the King and indispensably due from me to him I conclude that the Oath which binds me if I take it and keep it to withdraw mine Allegiance from my Leige Lord the King is against the law of the Land and in taking it I not only make an absolute breach upon the law of the Land but also in my judgement I doe thereby incurre the crime of perjury by the law in falsifying my faith and Allegiance to his Majesty King Charles Gods anointed and crowned my naturall liege Lord sovereigne and my lawfull King both by descent Coronation investure and undoubted right which is not onely due to him by the Law of the Land from every of his subjects but every one of them is to take this following Oath for performance of it Viz. You shall sweare that from this day forwards you shall be true and faithfull to our Sovereigne Lord King Charles and his heyres and faith and truth shall beare to him of life and member and terrene honour and you shall neither know nor heare of any ill or dammage intended unto him that you shall not defend so helpe me Almighty God Which forme of Oath every Subject by the Common Law is bound to take as appeares by Britton 5. Edw. 1. cap. 24. And by Andrew Horne in the Mirrour of Justices pag. 226. and in Calvins case as by perusall of their Bookes will appeare and by diverse others which for brevities sake I omit And now Sir I desire to know your opinion likewise whether that by the Common Law both houses of Parliament are in power above the King or where their legall power to dispose of his Majesties person other then to his honour and good according to their duty Oathes Protestations Covenants and Declarations and obedience is to be found I come now to prove that this Oath is against the Law of reason the Law of reason saith Doctor and Student cap. 2. is written in the hearts of every man teaching him what is to be done and what is to be fled And because it is written in the heart therefore it may not be put away nor is it ever changable by any diversity of place or time and therefore against this Law prescription statutes or customes may not prevaile and if any be brought in against it they be no prescriptions statutes nor customes but things done against justice and voyd and in this it differeth from the Law of God for that the Law of God is given by Revelation from God Almighty and this Law is given by a naturall light of understanding and is given principally to direct our actions by for the obtaining of felicity in this life so us we guide them onely by the rule of Justice This Law instractâ—th us saith the same Author that good is to be done and evill is to be avoided that thou shouldest doâ— to another that which thou wouldest another should doe to thee That justice is to be done to every man and not wrong that a trespasse is to be punished such like Is it so then that the law of reason directs me that good is to be done and evill is to be avoyded I then conclude that this oath is against this Law for if I by this Oath shall withdraw mine Allegiance and subjection to my King from him I lose the benefit or good I should have by his protection for the rule in Law is Quod Subjectio trahit protectionem quia Rex ad tutelam Legis corporum bonorum erectus est as Fortescue lib. de laudibus legum Angliae c. 13. Obedience of the Subject drawes protectioÌ„ from the King the King being ordained for the defence of the Law the bodies goods of his Subjects The holy Scriptures informe me that I must obey my King for conscience sake and this Law teacheth me I must avoid evill but it is evill for me to obey men in taking this Negative Oath which enjoynes me not to obey my King rather then God who enjoynes that duty of obedience therefore I conclude that this Oath is against the Law of reason This Law teacheth me to doe as I would men should doe unto me but if I were a King I would not be dispoyled of the duty and service of my Subjects therefore this Oath enjoynes me to a thing against the Law of reason It is injustice and wrong to take away the Kings right by this Law but this Oath bindes me to take away his right and doe him wrong therefore in this particular also this Oath is against the Law of reason And lastly this Law of reason teacheth me a Trespasser is to be punished it teacheth me also to understand that to take this Oath is to trespasse upon my Kings interest in me as I am his Subject to trespasse upon his Lawes as I am de jure under his government and to trespasse upon his patience and goodnesse if he doe not hereafter punish me for it Therefore I conclude this Oath is against the Law of reason The Law of reason generally taken is a directive Rule unto goodnesse of operation saith Hooker so that by this Law wee ought to direct all our actions to a a good end but by taking this Oath I direct not my actions to a good end therefore I am not to take this Oath by this Law the Law of reason saith Sophocles is such that being proposed no man can reject it as unjust and unreasonable but the King may reject this manner of imposing of Oathes upon his Subjects whereby he isdeprived of their aid and assistance without his assent And the Subjects may reject this Oath as unreasonable and unjust because if they take it they are thereby bound either to breake their Oath which is a grievous sin or to lose the benefit of protection which by the Lawes they may claime and ought to have from their naturall lawfull and sovereigne Liege
Lord and King Therefore this Oath is against the Law of Reason Lastly whereas the Law of Reason is never changeable by any diversity of place or time and whereas mine Allegiance is due to my Sovereigne in all places in all cases and at all times I am forbidden by this unchangeable Law to change so unchangeable and unalterable a duty by such an unwarrantable Oath in these changeable times To conclude all in this point as it is against reason to take this Oath so it is against reason to require it of me for it is most unreasonable to offer any Christian man such an Oath as that by taking of it he must by perjury and sin of presumption as he is perswaded destroy his soule or by refusing of it because it is against his conscience to take it either by perpetuall imprisonment or starving destroy his body and estate And it is likewise most unreasonable for any men to offer this Oath to another that have not taken it themselves for by the rule of the civill Law l. in Aren. Quod quisque which is a branch of the Law of reason Quod quisque juris in alium statuerit ipsum quoque uti debere No man ought to impose a Law upon another which he himselfe hath not submitted unto I come now in the next place to make it appeare that I cannot take this Negative Oath with a good conscience Conscience as Doctor and Student well observes l. 1. cap. 15. T is the direct applying of any science or knowledge to some particular act of a man and of the most perfect and most true applying of the same to a mans particular actions follow the most perfect the most pure and the best conscience which enabled St. Paul by his right applying of the Law of God to the Actions of his life with confidence to plead his cause before the Counsell and to cry out men and brethren I have in all good conscience served God unto this day Acts 23. 1. And in the 24 14. being accused before Felix by the Jewes saith But this I confesse unto thee that after the way which they call heresie so worship I the God of my Fathers beleeving all things which are writ in the Law the Prophets And herein I indeavour my selfe to have alwaies a cleere conscience towards God and towards men whereby it is cleerly proved that the applying of the Scriptures and the knowledge of divine truth to the actions of ourlives is and ought to be the only direction to our consciences It is expedient then for the clearing of this point that I should set forth and consider the actions of my 〈…〉 to this particular which concernes some Allegiance â—â—â—â— then I doe well remember that when I was matriculated in the University I was sworne to be a faithfull and true Subject â—o the King and to beare him â—â—ue Allegiance Secondly I have taken thâ—… of Oath which I have particularly sâ—â— downe before thâ—â— I wâ—… and â—â—â—â— bearâ— to him of life and mâ—… and terreâ—… Thirdly I have foure times taken the Oath 〈…〉 enjoyned by the Statute of 1. Ehâ— cap. 1. and three 〈…〉 Oath of Allegiance enjoyned by the Statute 3 Iac. cap. 4. It rests now that I should apply that divine knowledge and science which I have obtained â—y reading of the Scriptures to thâ—se actions First then an Oath is to be carefully weighed before we take it â—…ch as 〈…〉 duty towards our King and 〈…〉 Eâ—â—les 8 â— Ecâ—… Preâ—câ—eâ— adviseth me thus 〈…〉 of the â—â—oâ—â—h of the King and to the Oath of 〈…〉 upon which placâ—… thus glâ—sse that is â—… King â—â—â— keepe the Oath that thou hast made for that cause 〈…〉 Zachary gives us this commandement from God Zach 8 17 â—â—t none of you imagine evill in your hearts against his neighbour and love no false Oath for all these are the things that I hate saith the Lord And our blessed Saviour in his Sermon in the Mount Matth. 5. 33. Delivers me this precâ—p Thou shalt not for sweare thy selfe but shalt performe thy Oathes to the Lord By applying of these Scriptures to my former Oathes I finde I cannot take this Negative Oath without a great sinne against God and trespasse against my conscience for having bound my selfe by so many severall former oathes made to my King to pay unto him mine Allegiance faith and truth to him of life and member and terreâ—â—â— honour and acknowledged him to be supreame Governour of this Realme how can I now withdraw mine Allegiance from him or sweare that I will not aide or assist him oâ— adhere unto him by this latter without manifest perjury breach of myne Oath to the King and by taking of a false Oath or the name of God in vaine by a questionable authority imposed upon me contradictory to those Oathes which by undoubted and lawfull power agreeable to the Lawes of God and the Realme I have already bound my conscience to the observance of It fareth not with us in Oaths as it doth in cases of Lawes Quod Leges posteriores priores contrarias abrogant That the latter Lawes repeale the former that are contrary unto them for in the case of Lawes the rule is admitted to bee true where both are constituted and made by the same power but it is cleane contrary in the case of Oathes for when a man hath taken a lawfull Oath by and from a lawfull authority though it be grounded upon humane or positive law onely as upon a Statute or the like that Oath is binding to his conscience untill the Statute that injoynes that Oath be repealed by the same power that made it and if he afterwards take a contradictory Oath to that former Oath before such repeale and a lawfull authority to take the same that Oath which he so takes is both unlawfull and false unlawfull in that it is against the law that warrants the Oath he hath before taken and false in regard that he ingages himself by that Oath to performe that thing which by the Law of God and conscience he is not enabled lawfully to performe so that till the lawes that impose upoÌ„ me the Oathes of Supremacy and Allegiance which I have taken be lawfully by the same power as they were made that is to say by the King Lords and Commons by Act of Parliament repealed And this Negative Oath by the same power of Act of Parliament imposed upon me I cannot submit my conscience to take that Oath without perjury and falshood Againe when a man hath taken an Oath to performe that which by the law of God and nature he is bound to performe as to obey his King or to honour his Father and Mother this Oath can never be abrogated or dispensed withall nor a man absolved from the duty of observance of it by any power under heaven and therefore if I shall take any Oath contradictory to the former Oathes of Allegiance and duty to my King which
not directly nor indirectly adhere unto or willingly assist the King in this warre or in this cause against the Parliament nor any forces raised against the two Houses of Parliament in this cause or war And I do likewise sweare that my comming and submitting my selfe under the power and protection of the Parliament is without any manner of designe whatsoever to the prejudice or proceeding of this present Parliament and without the direction privity and advice of the King or any of his Councell or Officers other then what I have now made knowne So helpe me God and the Contents of this book I am much scrupled in my judgement and conscience whether it be not both against the Law and word of God against the Law of Nature against the setled knowne established and unrepealed Laws of this Kingdome against the Law of reason and against all reason conscience honour and pollicy either to take it or require it First this Negative Oath seems to me to be opposite to the word of God in restraining me from the performance and execution of a duâ—y to my King which by the Law and Word of God I am enjoyned to discharge towards him By me Kings reigne saith God Prov. 8. 15. therefore I cannot doubt of the lawfulnesse of their calling and that they are of divine right and institution the blessed Spirit of God speaking in Solomon Prov. 24. 2. Solomon exhorts his sonne that is every childe of God in these words My sonne feare God and the King and meddle not with them that are given to change or as some Translations have it that are seditious Here the Holy Ghost joynes God and the King under one feare or under one precept as if hee should say to feare the King is to feare God and unlesse thou fearest the King thou canst not feare God this is no unsound or improper inference for it is the will of God that thou shouldest feare the King wich will if thou performe not thou canst not be said to feare God Now feare in this place is only taken for subjection and obedience and this duty of thy obedience and subjection is as properly belonging unto the King as thy feare is to God which our most blessed Saviour Jesus Christ expresly declareth Matth. 22. 23. in these words Give unto Caesar those things that are Caesars and to God those things that are Gods and though the question were there only concerning Tribute and asked of the Pharisees and Herodians which were not naturall subjects to Cesar but onely brought under by conquest and force yet our Saviour exhorts the Jewes and Herodians to performe subjection to Caesar in paying the tribute due to him as well as to perform their duties towards God which saying of his though the wicked Jews thought to entrap him by the question yet could they not reprove it before the people because they were convinced of the truth of it by the light of nature having not faith to perceive the divine right that was couched in it and therefore they marvelled at his answer and held their peace as it is recorded Luke 20. 26. And though our blessed Saviour might have challenged an exemption from the payment of tribute as being free yet because he would not offend Caesar he caused Peter to pay tribute for them both as we may read Math. 7. 26. 27. St. Peter writing unto the strangers that dwelt in Pontus Gallatia Cappadocia Asia and Bithynia who were at that time under the dominion of the Roman Empire only by reason of their aboad and so owed but locall allegiance to Caesar exhorts them that they should submit themselves unto all manner of ordinance of man for the Lords sake whether it be unto the King as unto the superiour or unto governours as unto those that are sent of him for the punishment of evill doers and for the praise of them that do wel for so is the will of God that by weldoing ye may put to silence the ignorance of the foolish men 1 Pet. 2. 15. where we are to understand by the way that according to the Geneva notes upon that place by this word ordinance is meant the framing and ordering of the Civill government which the Apostle calleth the ordinance of men not because men invented it but because it is proper to men to exercise upon which place of the Apostle there are these things observable First that wee ought to submit to the King as superiour Secondly that where a government is Monarchicall as in England governours are sent by him and by him only for if governours had been to have been sent by any other the Apostle writing by the Spirit of God if their calling had been lawfull would not have omitted to have instructed those strangers to performe subjection and obedience to them Thirdly that it is the will of God that wee should submit our selves to the King as superiour Fourthly That in so doing wee doe well And fifthly That in doing this well we shall put to silence the ignorance of the foolish men that is to say of such who hold that subjection and obedience belongs not to Kings or such that seeke to withdraw us from ours wherefore as St. Paul saith Rom. 13. 5. we must be subject not because of wrath only or for feare of punishment but also for conscience sake for this cause wee ought to pay tribute to whom wee owe our tribute custome to whom custome feare to whom feare honour to whom honour is due in which words St. Paul coupleth together the whole duty of subjection and obedience which we owe to our King tribute feare and honour where in the first place we are to consider that St. Paul wrote those precepts to men as free in Christ as our selves and to Romans men of as much learning courage and warlike imployments as were any at that time or since in the world and men who not long before were brought from the subjection of a popular state to the obedience of a sole and sovereigne Monarchy neither must we forget that these percepts were written in the time of that heathen Emperour Nero which then ruled over the Romans and the most bloody tyrannous and persecuting Tyrant and enemy to the Church of Christ that ever was before or since his time And yet St. Paul tells those Christian Romans they must be subject for conscience sake and his doctrine was true and not without warrant from Gods owne mouth for let a King be never so wicked yet he is Gods ordinance upon us and being Gods Ordinance we are to obey him by his especiall commandement Ieroboam was a wicked Prince and an Idolater and caused Israel to fall away from God and to sacrifice to Idolls yet we finde that God sent Ahijab the Prophet unto him with this message 1 King 14. 7. Goe tell Jeroboam for as much as I have exalted thee from among the people and made thee Prince over my people Israell and God
sent Jehu with the like message unto Baasha as we read 1 of Kings 26. 2. And we read of Syrus the Assyrian heathen Emperour Isaiah 44. 28. where God saith of Cyrus He is my shepherd and shall performe all my pleasure and the 45 1. Thus saith the Lord to his anointed to Cyrus whose right hand I have holden to subdue Nations before him and verse the 5. of the same Chapter I am the Lord and there is none else there is no God besides me I guided thee though thou hast not knowne me God also calleth Nabuchaduezar that wicked idolatrous persecuting heathen King of Babylon his servant no lesse then three times in holy writ as we read Ier. 25. 9. 27. 16. and 43. 10. which severall places of Scripture doe clearly evidence to me that be the Prince or King never so wicked or Idolatrous be he never so unjust nay be he Pagan or Infidell God acknowledged them to be his owne ordinance upon his people nay and more commands his people to yeeld obedience to them as his ordinance upon paine not only of temporall destruction but of everlasting condemnation and this is proved unto us by that command of God given to his chosen people the Jewes Jer. 27. 12. Bring your neck under the yoke of the King of Babylon and serve him and live why will you dye thou and thy people by the sword by the famine and by the pestilence as the Lord hath spoken against the Nation that will not serve the King of Babylon therefore hearken not to the words of the Prophets that speake unto you saying Yee shall not serve the King of Babylon for they prophesie a lye unto you for I have not sent them yet they prophesie a lye in my name that I might drive you out and that yee might perish ye and the Prophets that prophesie unto you Nay God by the mouth of the Apostle St. Paul Rom. 13. 1. commands us upon paine of damnation to obey his ordinance in these words Let every soule be subject to the higher powers for there is no power but of God whosoever resisteth the power resisteth the Ordinance of God and they that resist shall receive to themselves damnation who these high powers are St. Peter tells us 1 Pet. 2. 13. Submit your selves to every ordinance of man for the Lords sake whether it be to the King as supreame or unto governours as unto those that are sent by him The King then is the highest power under God in his Realme and governours are sent but by him and therefore only to be obeyed because sent by him thus we see were our King an heathen an Idolater an unjust or perjured person yet he is Gods ordinance upon his people God so acknowledges wicked Princes to be nay commands obedience to them lest we be temporally destroyed Nay more then that lest we receive to our selves damnation What then shall I sweare not to serve honour submit unto and obey my most Gracious Sovereigne Lord King Charles a Christian King and anointed crowned nay my naturall King as religious just pious vertuous mercifull and wise a King as ever reigned over this Realme of England or at this time lives in the world without disparagement to any Prince or Potentate now living upon the face of the whole earth Marry God forbid for feare I receive unto my selfe damnation No I will with St. Peter 1 Pet. 2. 17. Feare God honour the King which words import a most holy ordinance eternall and indispensable and by us for no ordinance of man whatsoever to be omitted or by any Law to be discharged thus much in generall touching the duty that every Subject owes to his King by the Laws of God But if it be objected that these generall precepts inforce nothing in this particular case of the Negative Oath I answer they doe very pregnantly for the words of the Negative Oath are these I. A. B. doe sweare from mine heart that I will not directly nor indirectly adhere unto or willingly assist the King in this War or in this Cause against the Parliament In which words there is an inhibition of that duty to my King which by Gods Law and his holy Word I am enjoyned to performe towards him and if I sweare this oath I restraine my selfe thereby in part of that subjection and obedience which is due from mee to my Sovereigne for it doth not appeare by the Scriptures afore mentioned nor by any other that I know that there is any case whatsoever excepted wherein I ought not to pay tribute custome feare or honour to my King But in this case I engage my selfe by mine oath not to adhere or willingly assist the King in this Warre or in this Cause against the Parliament which is as much to say as I shall not pay him that is due to him by the Law of God and injunction of the Scriptures If it bee objected that the Scripture bindes mee not to assist the King or adhere unto him in matter of War I answer it doth though not in direct words yet in full effect and substance for within the precept of Peter 2. 17. Feare God honour the King And by the first Commandement of the second Table honor thy father and thy mother is included all manner of aid and assistance due to a King both in warre and peace which I prove thus The Geneva notes which I follow in the interpretation of Scriptures being most authenticall of any in these times of Reformation commenting upon the 20 Ezek. 12. on these words Honour thy father and thy mother expresse that by the parents also is meant all that have authority over us wherein the King is included and upon the 5 Chapt. of Deut. 16. verse upon the same words glosse thus not for shew but with true obedience and with due reverence and upon the 15. Chap. of Matth. and 4. verse where our blessed Saviour reproves the Jewes for not observing this Commandement by offering their Corban which in their case was much like this Negative Oath in ours saith thus unto them Honour thy father and thy mother and he that curseth father or mother let him dye the death but yee say whosoever shall say to father or mother by the gift that is offered by me thou maiest have profit though he honour not his father or mother shall be free thus have you made the Commandement of God of none effect by your traditions O hypocrites Esaiah well prophesied of you saying This people draweth neare unto mee with their mouth and honour me with their lips but their heart is farre from me but in vaine they worship me teaching for doctrine mens precepts The Geneva notes say that by honour is meant all kinde of duty which children owe to their parents and what that is both Arias Mountanus and Vatablus upon the same place interpret that Honarare est omni in memento supportare vel sustentare to honour is to support and helpe
with all manner of aid or assistance whatsoever by which places of Scripture and the approved interpretations thereupon it is manifest that both by the first Commandement of the second Table and by the precepts of our blessed Saviour and his Apostles we ought to aid and helpe the King with all manner of aid and assistance whatsoever such as we ought to yeeld to our parents if they were assaulted or in distresse unlesse as the hypocriticall Jewes did make the Commandement of God of none effect by offering a gift to the Temple which they called Corban and by taking an oath that they were not bound by that gift to help honor or aid their father and mother but that they might have profit by that gift so shall we make the Law of God and precepts of our blessed Saviour and his Apostles of none effect by this tradition of men This Negative Oath which would absolve us from our duty of subjection obedience to our King as if this oath were to his profit If we should not aid him or assist him where is our feare where is our honour where is our tribute where is our subjection shall we take upon us where the Scriptures enjoynes us duties in generall to say the Scriptures requires not this or that particular at our hands where those particulars included are in the generall But here it may be objected that the Kings warre against the Parliament is unlawfull and the Scriptures binde me not to the performance of any unlawfull thing therefore I may safely take this oath To this I answer I will not take upon me to determine the question of the lawfulnesse or unlawfulnesse of the Warre but leave that to the judgement of God Almighty who will one day determine on which side the justice of this War doth remaine but this I know that it is lawfull for the King being invaded to defend himselfe and that his subjects in such a ease are bound to assist him And if I bee perswaded in my conscience that the right of this war is on the Kings side I am bound to assist him in it whether the right be with him or not And this also I know that the head is over the members and not the members over the head and that I also and all his other subjects ought to performe if not active yet passive obedience to him in all causes at all times and in all places whatsoever Furthermore the Prophet Jer. saith Jerem 4. 2. Thou shalt sweare in truth in judgement and in righteousnesse Every oath ought to have these three speciall quallities it ought to be made in truth in judgement and in justice whereunto is opposed falsehood rashnesse and unlawfulnesse so that if the Negative Oath have any defect in any of these three particulars we are to lay it aside and not to take it as being unlawfull The nature of an oath is as a bond for God himselfe declares Numb. 30. 3. He that sweareth an oath and by it bindeth his soule with a bond shall not violate his word but doe according to all that proceedeth out of his mouth which is as much to say that he shall not take the name of God in vaine so that hereby I am bound if I take this Oath to performe it according to the letter and not to evade it by saying I take it in mine owne sense with a mentall reservation but I must doe it according to all that proceedeth out of my mouth if so then do I absolutely swear against that duty that I am enjoyned to by the Scriptures for I sweare not to adhere to or assist the K. in this War or this Cause directly or indirectly so that I may neither aid him in word or deed nay not so much as pray for his health or successe nor for the safety of his person that under him we may lead a quiet and peaceable life in all godlinesse and honesty though the Apostle S. Paul exhorts us in 1 Tim. 2. 2. to pray for Kings to that purpose Nay by mine oath I am obliged if I meane to keep it to stand by and see any souldier in the Parliaments Army to kill him and may not assist him to rescue his life wherefore if I doe observe this Oath I take it not in truth but to an unjust and unlawfull end and therefore take it not in justice and righteousnesse Secondly if I understand not what use may be made of this oath or what I shall be inforced to by it I take it not in judgement but rashly and unadvisedly and therein commit a grievous sinne Now I know not as this Oath is penned what interpretation may be made of it for if I take it I sweare that I will not directly nor indirectly adhere unto or willingly assist the King in this Warre or in this Cause against the Parliament nor any forces raised against thâ—t wo Houses of Parliament in this Cause or War First I know what will be interpreted an indirect adhering to the King or assisting of him Secondly I know not what is meant by this Cause or how far it may be extended Thirdly I know not in what sense they take these words against the Parliament whether they include the person of the King within the word Parliament or his power only excluding his person neither doe I understand what is meant by any forces raised against the two Houses of Parliament there being now no such forces in the Kingdome and the War at an end therefore understanding not the extent of these particulers I sweare rashly and therein commit a sinne of presumption if I take it And lastly if I take this oath I sweare to an unjust and unlawfull end for I sweare to withdraw mine obedience subjection and allegiance from him which is an unjust and unlawfull thing and to an ill end the same being due unto him by the Law of God as before is declared by the Law of nature the Law of the land and the law of reason as hereafter shall be proved To conclude this point in taking of Oaths we ought to take heed that we observe these rules of the learned Fathers that is as to Oaths which we take voluntarily and not by coertion or by any impulsive necessity Ita jurare ut sacramentum pietatis ne sit vinculum iniquitatis so to sweare that the Oath or Sacrament of godlinesse which wee take become not a bond of iniquity to our soules thereby to engage us in things unjust and unlawfull both against the Lawes of God and men And if we take rash Oaths to doe an evill thing penitenda promissio non perficienda presumptio we must repent of our oath and not commit the evill and if we are inforced to sweare that which is unjust and unlawfull and against the Lawes of God and men wee conceive our selves not bound thereby for Injusta vincula rumpit justitia Justice and equity breaks the bonds of such an Oath from our
Quia nullis claustris coercetur nullis metis refraenatur nullis finibus premitur it ought not to bee constrained or bridled with any bonds nor restrained to any place for a man though he may abjure his Country or his Kingdome yet he cannot abjure his Allegiance nay he cannot alien give a way or withdraw his allegiance from his King by the Law of nature to his Kings prejudice though he should gaine his liberty freedome of estate and honour or advancement unto the bargaine for St. Augustine saith nemo jure naturae cum alterius detrimento locupletior fieri debet no man by the Law of nature ought to be made richer by the losse of another but if I withdraw mine allegiance the King hath lost a subject therefore I may not doe it neither can the King release it to any of his subjects it being an inseparable accident adherent in the person of a King and is due omni soli semper to every King under heaven from his owne naturall subjects It is due to every King and alwaies to Kings and only to Kings by the Law of nature And it is only due to his person and not to his office which is only imaginary and invisible and no where formally to be found but in his person as by the said case of Calvin more fully appeares Hereupon I conclude that allegiance being due by the Law of nature to the Kings person and that I neither can abjure it nor alien it or withdraw it from him nor he release it to me and that it is only due to him and to no other I cannot take this oath and keep it without violation of the Law of nature and manifest injury both to my selfe and Sovereigne King Quia jura natura sunt immutabilia the Lawes of nature are immutable as before is observed and is plainly held forth by Bracton L. 1. cap. 6. Docter Stud. cap. 5. 6. And so from this point of the Law of nature I come to shew that this Negative Oath is absolutely against the knowne setled and established Laws of the Land the reason is because if I take it keep it it withholds me from the performance of my duty of allegiance which is due to my King from me by the Law of the land and so I am informed by the books of Law this tearm or word allegiance is rendred unto us under divers names in our Law bookes as sometimes it is called fides or faith as Bracton l. 5. Tract. de exceptionibus cap. 24. fol. 427. And so Fleta l. 6. cap. 47. Alienigena repelli debet in Anglia ab agendo donec fuerint ad fidem Regis Angliae Aliens ought to be kept from acting in England till they shall be of the allegiance of the King that is by endenization so Glanvil l. 9. cap. 1. Salva side debita domino Regi heredibus suis That is saving our faith or allegiance due to the King and his heires so Littleton l. 2. in chap. Homage where I doe my homage to my Lord Salve le foy du a nostre senior le Roy saving the faith which I owe to our Lord the King and in the Statute of 25. E. 3. De natis ultra mare these words faith and allegiance are coupled together as signifying one thing sometimes it is called obedientia Regis our obedience to the King as in the bookes of 9. E. 4. 6. 7. 2 R. 3. 2. And in the Statutes of H. 8. 14. cap. 2. and 22. H. 8. 8. and in the booke of 22. Ass pl. 25. it is called ligealty but by what name soever it bee called whether faith obedience ligealty or allegiance all is one it is due still from us subjects to our sovereigne Lord the King by the Statute of 10 R. 2. cap. 5. and 11. R 2. cap. 1. 14. H. 8 cap. 2. and many other the people are called liege people and by the Statute of 34. H. 8. cap. 1 and 35. H. 8 cap. 3. and divers other the King is stiled liege Lord of his subjects and these that are bound under the Kings power are called his naturall leige-men as in the 4. H. 3. Fitz. title Dower and 11. E. 3. cap. 2. So that I may conclude upon these authorities that Ligeantia est vinculum fidei dominâ— Regi our allegiance is the bond of our faith to the King which being so wee may well say of it as Sir Edward Cooke doth that ligeantia est legis essentia our allegiance is the essence of the Law and so it hath been often and sundry times declared by many sundry wise temperate and well advised Parliaments of England The government of Kings in this Isle of Britain hath been very ancient even as ancient as History it self for those who deny the story of Brutus to be true doe finde out a more ancient plantation here under Kings namely under Samothes grandchilde to Japhet the son of Noah from whom the ancient Britaines that inhabited this Land are according to their conceits descended Kings or Monarchs of great Britaine had and did exercise far more large and ample power and did claime greater Prerogatives over the people under their government and jurisdiction then the Kings of England have done since the Norman conquest as it is to be seen at large both in the Brittish Chronicles and records of these times and in our English histories and may also be gathered out of the writings of the Romans who invaded this Island and lived here upon the place and I doe not finde that ever the people of Brittaine made any of their Kings by election of voices or put them out at pleasure but that the Kingly government and right of the Crowne descended alwayes by hereditary descent and succession though in that infancy of Law and right it may be suspected that there was not so much regularity of justice or observation of right as in these latter more refined ages hath or ought to be I may boldly affirm and it cannot be denyed by any â—â—at hath read all the Chronicles and Statutes of this Realme that there hath beene any King of England since the conquest that hath not beene acknowledged by both houses of Parliament of their severall times to be soveraigne Lords of this Realme and their soveraigne Lords too although that some of those Kings were onely Reges de facto and not de jure Kings onely in fact and not of right and such as by the Lawes of England had no right to the Crowne and all the Parliaments since the conquest have acknowledged that the Crowne of England and the government of the Realme hath belonged to the Kings of hereditary right and not by election some of these Parliaments in more expresse and perticular manner then the rest and they of later times more amply then the ancient By the statute called Dictum de Kenilworth made 51. H. 3. King Hen. 3. is acknowledged to be
the same that from henceforth no manner of person or persons whatsoever he or they be that attend upon the King and sovereigne Lord of this land for the time being in his person and doe him true and faithfull service of allegiance in the same or bee in other places by his commandement in his Warres within this Land or without that for the said deed and true duty of allegiance he or they be in no wise convict or attaint of high Treason ne of other offences for that cause by act of Parliament or otherwise by any processe of Law whereby he or any of them shall forfeit life lands tenements rents possessions hereditaments goods chattels or any other things but to be for that deed and service utterly discharged of any reparation trouble or losse And if any act or acts or other processe of the Law hereafter thereupon for the same happen to be made contrary to this Ordinance that then the act or acts or other processe of Law whatsoever they shall be stand and be utterly voyde provided alway that no person or persons shall take any benefit or advantage by this act which shall hereafter decline from his or their allegiance And Sir here I desire to know your opinion in your indifferent judgement upon this Law whether I need to sue out any pardon or compound for mine estate having done nothing but the duty of myne allegiance to my naturall King By the statute of 24. Hen. 8. cap. 12. It is expressed that by diverse sundry old authentique Histories and Chronicles it is manifestly declared that this Realme of England is an Empire and so hath been accepted in the World governed by one supreame head and King having the dignity and royall estate of the imperiall Crowne of the same unto whom a body politick compact of all sorts and degrees of people divided in tearmes and by names of spiritualty and temporalty beene bounden and given to beare next to God a naturall and humble obedience he being also instituted and furnished by Gods goodnesse with plenary whole and intire power preheminencie authority prerogative and jurisdiction to render and yield justice and finall determination to all manner of folkes resiants or subjects within this Realme in all causes matters debates and contentions happening or accruing within the lymits thereof By the statute of 26. Hen. 8. cap 1. It is declared in â—uâ—l Parliament that King Henry 8. was justly and rightfully ought to be supreame head of the Church of England and that he being their Sovereigne Lord his heyres and successors Kings of this Realme should be so accepted and taken and should have and enjoy as united and annexed to the imperiall Crowne of this Realme as well the title and stile thereof as all honours dignities preheminencies jurisdictions priviledges authorities immunities profits and commodities to the said dignitie of the same supream head of the said Church belonging or in any wise appertaining Which statute was confirmed and inlarged in some perticulars by the Acts of Parliament of 28. Hen. 8. cap. 10. and 35. Hen 8. cap. 1. By the Statute of 25. Hen. 8. cap. 22. the Parliament moved King Hen. 8. to foresee and provide for the profit and surety both of himselfe and of his most lawfull succession and heyres upon which depended all their joy and wealth and in whom they acknowledged was united and knit the onely meere true inheritance and title of this Realme without any contradiction wherefore wee say they your said most humble and obedient subjects in this present Parliament assembled calling to remembrance the great divisions which in times past have beene in this Realme by reason of severall titles pretended to the imperiall Crowne of the same which sometimes and for the most part ensued by occasion of ambiguity and doubts then not so perfectly declared but that men might upon froward intents expound them to every mans sinister appetite and affection after their sence contrary to the right legallity of succession and posterity of the lawfull Kings and Emperors of this Realme whereof hath ensued great effusion of mans blood as well of a great number of the Nobles as other of the subjects of the Realme c. By the statute of 27. Hen. 8. cap. 24. intituled an act for recontinuing of certaine liberties and franchises heretofore taken from the Crowne it is thus enacted 27. Hen. 8. where diverse of the most antient prerogatives and authorities of justice appertaining to the imperiall Crowne of this Realme have been severed and taken from the same by sundry gifts of the Kings most noble progenitors Kings of this Realme to the great diminution and detriment of the Royall estate of the same and to the hinderance and great delay of justice For reformation whereof be it enacted by authority of this present Parliament that no person or persons of what estate or degree soever they be of from the first day of July which shall be in the yeare of our Lord God 1536. shall have any power or authority to pardon or remit any treasons murders manslaughters or any kinde of follonies whatsoever they be Not any accessaries to any treasons murders manslaughters or fellonies or any utlayers for any such offences aforesaid committed perpetrated done or divulged or hereafter to be committed done or divulged by or against any person and persons in any part of this Realme Wales or the Marches of the same but that the Kings highnesse his heyres and successors Kings of this Realme shall have the whole and sole power and authority thereof united and knit to the imperiall Crowne of this Realme as of good right and equity it appertaineth any grants usages prescription act or acts of Parliament or any other thing to the contrary hereof notwithstanding Out of which statute I collect that no pardon whatsoever but the Kings can free me from his punishment if I have offended him against my allegiance by the reading of which Statute I doubt not but you will be satisfied that I neede not take a pardon from both houses of Parliament and if I should I can do my selfe no good by it but I should thereby make my selfe a traytor upon Record to mine owne perpetuall shame and ruine for every pardon you know if it be sued out before conviction is a confession of the fault and if pardon be not good in law yeâ— it being a matter of record the treason thereby stands confessed and the Kings Attourny may in after times take advantage of it because I have confessed it by suing out the pardon And it is also enacted by the authority of the said Parliament that no person or persons of what estate degree or condition soever they bee from the said first day of July shall have any power or authority to make any Justices of Oyre Justices of Assise Justices of Peace or Justices of Gaole-delivery but that all such officers and ministers shall be made by Letters patents under the Kings great Seale in the
the bottome of our hearts yield to the divine Majesty all humble thankes and praise not onely for the said unspeakable and inestimable benefits and blessings above mentioned but also that he hath further inriched your highnesse with a most royall progeny of most rare and excellent gifts and forwardnesse and in his goodnesse is like to increase the happy number of them And in most humble and lowly manner doe beseech your most excellent Majesty that as a memoriall to all posterities amongst the Records of your high Court of Parliament for ever to endure of our loyall obedience and hearty and humble affection It may be published and declared in this high Court of Parliament and enacted by authority of the same That we being bounden thereunto both by the lawes of God and man doe Recognise and acknowledge and thereby expresse our unspeakable joyes That immediatly upon the dissolution and decease of Elizabeth late Queene of England the imperiall Crowne of this Realme of England and of all the Kingdomes dominions and rights belonging to the same did by inherent birth-right and lawfull and undoubted succession descend and come to your most excellent Majesty as being lyneally justly and lawfully next and sole Heyre of the blood-royall of this Realme as is aforesaid and that by the goodnesse of God Almighty and lawfull right of descent under one imperial Crown your Majesty is of the Realmes and Kingdomes of England Scotland France and Ireland the most potent and mighty King and by Gods goodnesse more able to protect and governe us your loving subjects in all peace and plenty then any of your noble progenitors and thereunto we most humbly and faithfully doe submit and oblige our selves our heyres and posterities for ever untill the last drop of our bloods be spent And doe beseech your Majesty to accept the same as the first fruits in this high Court of Parliament of our loyalty and faith to your Majesty and your royall progeny and posterity for ever which if your Majesty shall be pleased as an argument of your gracious acceptation to adorne with your Majesties royall assent without which it can neither be compleat and perfect nor remaine to all posterity according to our most humble desires as a memoriall of your princely and tender affection towards us we shall adde this also to the rest of your Majesties unspeakable and inestimable benefits And by the statute of 3. Jaco cap. 4. by which statute the oath of allegiance is injoyned It is declared that if any person shall put in practice to absolve perswade or withdraw any of his Majesties subjects from their obedience to his Majesty his heires or successors or to move them or any of them to promise obedience to any other Prince State or Potentate that then every such person their procurers counsellers ayders and maintainers shall be adjudged Traytors And doe not the Parliament both in the first and third yeare of this King acknowledge King Charles nay even in the petition of Right and in every Parliament since to be their sovereigne Lord Can it then be doubted upon due consideration had of the fore-mentioned Acts of Parliament and the severall declarations made by the Parliaments of all ages that the right of the Crowne is an hereditary right and that King Charles is our lawfull Sovereigne Lord and supreame governour of the Realmes or that allegiance is not due to him from all states of this kingdome and from every one of his subjects within the same Surely no if you thinke that there can be any I desire you will please to returne me the legall reasous of your opinion therein upon consideration had of these Statutes and why the power of both Houses of Parliament is above the Kings neither are the prerogatives afore cited due to him by the acknowledgment recogniscions and declarations of Parliament onely but these are due unto him by the common fundamentall and municipall Lawes of this Realme according to the testimony of the learned Writers of the Law in all ages and by the continuall language and judgements of the Sages of the law in all preceding Kings Reignes since we have had Bookes and reports of the law published For first it appeares by the ancient Treatise called Modus tenendâ— Parliamentum which is a part of the Common law of the Land and as Sir Edward Coke 4. part of his Institutes page 12. observes was made before the Conquest and rehearsed unto King William at his Conquest who approved of the same and according to the forme of it held a Parliament as ti is reported to us in the yeare booke of 21. Ed. 3. fol. 60 that the King is Caput principium finis Parliamenti The King is the head the beginning and the end of the Parliament and by the booke of 21. Hen. 7 fol. 20. it is held that it is no statute if the King assent not to it and that the King may disassent and by Andrew Hornes Booke called the Mirrour of Justices which was written in the time of King Edward the second it is said that they are guilty of perjury that incroach any jurisdictions belonging to the King or â—alsifie their faith due to him Bracton who wrote in the time of King Henry the third a learned Author of the Lawes of England lib. 4. cap. 24 sect. 1. hath these words Rex habet potestatem jurisdictionem super â—mnes qui in Regnosuo sunt ea que sunt jurisdictionis pacis ad nullum pertinent nisi ad Regiam dignitatem habet etiam coertionâ—m â—t delinquentes puniat coerceat The King saith he hath power and jurisdiction over all men which are in his kingdom those things which are either of jurisdiction or peace belong to none but to the Kingly dignity he hath like wise a constraining power to punish delinquents and lib. 3. cap 7. he saith that Treasons felonies and other pleas of the Crowne are propriae causae Regis are causes belonging to the Kings punishment onely and in his fift Sect. of the same fourth booke saith thus Omnis sub Rege ipse sub nullo nisitantum Deo non est inferior sibi subjectis non parem habet in regno in English thus Every man is under the King and he under none but God alone he is not inferiour to his subjects he hath no peere in his Realme And in his fift booke in his third Treatise of default cap. 3. he saith thus Rex non habet Superiorem nisi Deum satis habet ad penam quod expectat Deum ultorem The King hath no Superiour but God alone and it is sufficient punishment for him because he must expect God to bee the revenger if he doe commit wrong It is said in Plowdens Commentaries fol. 234. That the King hath the sole government of his Subjects and fol. 213. as also in Calvins case That allegiance is due to the naturall body of the King and fol. 242. it is
duty and allegiance belongs to him from me by the law of God and nature as before is made manifest that Oath were utterly unlawfull and false by the lawes of God and nature and against conscience I conclude then that in conscience I cannot take this Negative Oath I learne likewise by Saint Paul Heb. 6. 16. That men verily sweare by him that is greater then themselves and an Oath for confirmation is an end of all strife and therefore Ioshua when he had made a league with the Gibeonites though it were grounded upon a fraude on their parts did omit to question them for it and forbore to breake the league with them to avoyde strife having confirmed that league with an Oath saying in that case Thus will we doe to them and let them live least the wrath be upon us because of the Oath which we sware to them Ioshua 9. 20. And by that law of an Oâ—h was Shâ—mei put to death by Solomon for walking out of the City contrary to his Oath because he had sworne hee would not goe out of it which he ought to have observed as a confirmation of his undertaking to Solomon and as an end of their strife as we findâ— 1 Kings 2. 43. c. and we finde a notable instance of the punishment of the breaking of the oath of Allegiance or subjâ—ction made by the King of Jerusalem to the King of Babel reported unto us by the Prophet Ezekiel Eze. 17 16. 18. in these words As I live saith the Lord he that is King of Ierusalem shall dye in the midst of Babel in the place of the King whose Oath he despised and whose covenant made with him he broke Neither shall Pharoah with his mighty hoast and great multitude of people maintaine him in the Warre when they have cast up Mounts and builded Rampires to destroy many persons for he hath despised the Oath and broken the Covenant yet he had given him his hand because he hath done these things he shall not escape The application of these Scriptures to my present purpose I make thus Is it so then that an Oath is taken for confirmation Is it so then that an Oath is and ought to bee the end of strife Is it so that God punisheth the violation of Oathes and that the greatest power on earth cannot protect a man against him I learne then by the rule of a well informed conscience to discerne that I ought not to breake my Oathes lawfully taken upon any grounds or pretence whatsoever Nay by this Oath I finde that if I take it I should in stead of an end of strife in my conscience incur great vexation through the horrour of the sinn as being an act unlawfull and because by it I have offended God in the breaking my former Oathes lawfully taken I should raise strife and trouble in my soule and conscience and great strife and perturbation of minde for feare of punishment I conclude therefore that I cannot take this Oath by the rule of Gods law with a sound and good conscience against the light whereof if I should take it I should declare my selfe either to be an Athoist in thinking there were no God to punish for sâ— great a wickednesse or else to imagine that he were either unjust and would not punish or unable and could not or so carelesse of the actions of men that he either not seeth or not regardeth their wicked acts which opinion even the very heathens confuted and rejected as you may finde at large in Tullys first booke De natura Deorum But if I were minded to bee so wicked as to lay aside all the former considerations of Religion nature law reason and conscience to gaine my estate which God forbid yet in honour neither my selfe nor any that have served his Majesty in this late War can take it as I conceive when I speake of honour I meane not that Membranall or Parchment honour of dignities and titles conferred upon men sometimes for money sometimes for affection sometimes for alliance to favorits sometimes for flattery â—uâ— most commonly more for some sinister respects then proper 〈…〉 by letters patents of Kings and free Princes but I meane that â—â—â—â—â—all honour that is inherent in every truly noble minde and direct it ends alwayes to that which is Lundabile honestum laâ—daolâ— just and honest of which honour the Poet Juvenallâ—â—iâ—h thus Nobilitas sola est atque unica virtus vertue is the onely â—â—ue nobility and in another place describing this kinde of honour in the person of a Father to his Son saith thus Malo pater ibi sit Thersites dummodo tu sis Aeacidae similis vulcaniaque arma capessas Quam tibi Thersiti similem producat Achilles That is that he had rather his son were the son of Thersites a base and ill conditioned fellow and were like Aeacides a person of great valour honour and justice then that he were descended of Achilles the noblest house of the Grecians and should be such a base fellow as Thersites the application is easie It is an honorable minde which makes a man honourable and it are his honourable actions which are the proper effects of vertue that render a man truly honourable and gaine him esteeme The Ethicke Philosophers say that Honor est plus in honorante quam in heâ—… there is more honour in him that gives the honour then in him that receives it or is honoured and it is true every way for as there is more honour in a King that bestowes it then in the subject that receives it from his Prince so is there more honour proceeds from him that bestowes it in report or esteeme upon him that deserves it for his noble and vertuous actions then there is in the party deserving it himselfe and the reason is plaine for let a man do never so many honourable actions yet if they are not esteemed â—y others he reaps not the fruit of his labours his honour is lesse though the actions in themselves be honourable then if they were esteemed This honour and esteeme is the life of every Souldier and Gentleman which if he once lose by any voluntary act of his owne he had as good lose his life Now for any man that hath served the King in his Wars for him to swear that he will no more aide nor assist the King in the War wherein he ingaged himselfe by his oath and upon his honour to serve him with his life and to his uttermost power it would lose that Souldier his honor and esteeme amongst all sorts of men amongst his owne party for deserting a cause they hold just amongst the adverse party for lightnesse and inconstancie as one that would not stand to his principles he should amongst all men get the opinion of a Coward or a base fellow that for feare of death punishment or perpetuall imprisonment would be starved into an oath or â—ut of his allegiance or of a Kâ—â—ve that to
redeeme his liberâ—y would sweare any thing therefore least I should gaine such an opinion and lose my esteem in the world being now brought into that condition that I must be a Souldier I cannot take this Oath by the rules of honour and as it is not honourable in me to take it for the reasons aforesaid so is it against honour that an oath that would bring so much inconveniency of losse of honour and esteeme amongst all men should be offered to any man Quia in juramentis administrandis dantis recipient is eadem est ratio idem jus In administring of Oathes the same reason and law ought to binde the giver as well as the receiver It is also against pollicy either to take or require this oath the life of a Souldier is his honour when that is lost his life is as good as lost by taking this oath a Souldier loseth his honour what King Prince or State will entertaine that Souldier in his pay that hath abjured his naturall Sovereigne Liege Lord or Masters service and allegiance his owne King will never trust him more the adverse party will not trust him nor any other Prince or State whatsoever and therefore in pollicy a Souldier ought not to take this oath And lastly there is no pollicy in pressing this oath upon any for the Parliament gaines no security by taking it for I thinke very few of the Kings party hold that Oath lawfull and then what security to the Parliament in it since no other thing can be expected from him of the performance of an oath given unto him that either doubts the power unlawfull that administred it or that holds the matter or thing he is bound to performe by his oath unlawfull that then he will keep such an oath no longer then till the first time he hath occasion or oppertunity to breake it Nay the same Religion or new light that hath taught him to break the Kings Oath will or may teach him to break the Parliaments Having now made my doubts according to my conscience if I come over and be made a prisoner because I will not take these oathes and covenants or suffer any other prejudice either in mine estate or person for declaring my conscience herein I would and in the case I am I will with holy Job content my selfe saying Naked came I out of my mothers wombe and naked shall I returne thither the Lord gave and the Lord hath taken away blessed be the name of the Lord Job 1. 21. Comforting my selfe with this of the Pâ—almist Who shall ascend into the hill of the Lord or who shall rise up in his holy place even he that hath cleane hands and a pure heart and that hath not lift up his minde unto vanity nor sworne to deceive his neighbour he shall receive the blessing of the Lord and righteousnesse from the God of his salvation Psalm 24. 3 4 5. And according to the instructions of St. Paul 1. Rom 12. 12. Shall rejoyce in hope be patient in tribulation and continue in prayers strengthened with all might according to Gods glorious power unto all patience and long suffering with joyfulnesse Colos. 1. 11. Knowing that all that will live godly in Christ Jesus shall suffer persecution 2 Tim. 2. 12. Taking the Prophets who have spoken in the name of the Lord for ensamples of suffering affliction and patience Jomes 5. 10. And accompting it alwayes thank-worthy if for conscience towards God I endure grief suffering wrongfully for even hereunto are we called because Christ also suffered for us leaving us an example that we should follow his steps 1 Pet. 19. 20. And in this resolution by Gods gracious assistance in peace of a good conscience and in all patience will I abide till my dissolution shall come looking for that blessed hope and appearing of that glory of that mighty God and of our Saviour Jesus Christ Tit. 2. 13. Chusing rather to suffer adversity with the people of God then to enjoy the pleasures of sin for a season Heb. 11. 25. For what shall it profit a man if he shall gaine the whole World and lose his owne Soule Mar. S. 36. In this opinion therfore will I abide putting my whole trust and confidence in God my Lord which executeth justice for the oppressed which gives bread to the hungry and loseth the prisoners for the Lord heareth the poore and dispiseth not his prisoners Psalme 66. 33. and 146. 7. To conclude Sir whereas you signifie unto me that you will returne me a satisfactory answer to my doubts from godly and learned Devines and men of judgement in the Lawes of the Land â— desire you that you will please to take advice only from such Devines as neither have renounced their Orders or obedience to their Ordinaries and such that are without partiallity or hypocrisie in this publique cause and from such Judges and learned Lawyers as serve not the times so much as the truth and such as have not mens persons in admiration because of advantage for I must deale plainly with you that there is great scandall in thâ—se forraigne parts upon the men of these professions it being reported of the first that they goe about to prophane and blespheme the Church their Mother with stigmaticall imputations of Antichristian impieties and thâ—â— the latter have adulterated the Lawes the Nurses that have fed them applying them to the humors and ends of those that have put them in authority and as the Prophâ—â— Mich. 3 9. saith abhorring judgement and pâ—vâ—rting all equity in that they take upon them to give sentence of death upon â—â—ose that have served his Majesty according to their duty of Allegiance in these â—at Waâ—s as fellons when they have but taken an horse or armes for the Kings service though they tooke them from those that were actually in armes against the Kings Majesty with an intention only to ayd his Majesty against those that had risen up against him and not animo furanâ—i or with a fellonious intent Nay we heare that some of the Judges lately put into Commission by both Houses of Parliament have delivered it for Law that such a one as hath served the King in these late wars or any such that they call Malignants may not sue for their rights and are incapable to receive justice though they be neither outlawed or committed that whatsoever they recover or purchase before they have made their Compositions ought to be seized on and sequestred to the use of the State I pray you Sir where or in what bookes of the Lawes of England do you reade of such definition of felony or inhabilities or incapacities of the Kings Loyall Subjects Mr. Littleton who reckons up all the inhabilities of the Subjects of England mentions none such neither are any such else where to be found but these men put the Kings Liege and loyall people into a worse condition then slaves villaines or aliens And yet they account it