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war_n high_a king_n treason_n 3,672 5 9.5249 5 true
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A75464 The anti-covenant, or a sad complaint concerning the new Oath or Covenant: presented in a letter to a dear and intimate friend, with earnest request for his advice and prayers. By a true loyall subject, and lover of the Parliament. True loyall subject and lover of the Parliament. 1643 (1643) Wing A3489; Thomason E60_10; ESTC R23546 44,797 58

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belong to Him and none ought to raise any forces or exercise any other power of the sword without His consent and without expresse authority derived from Him the power of the sword being that which principally makes and maintaines the Supremacy and therefore ascribed by the Apostle to the supreme power only Rom. 13.4 He beareth not the sword in vaine for he is the Minister of God a revenger to execute wrath upon him that doth evill and to grant the Parliament a just power of raising forces without the Kings consent much more to grant them power of raising Arms contrary to His Proclamation and other expresse Commands and they against the forces raised by the King is to set up two supreme Powers in one Kingdome and so two swords one against another and both to the ruine of the whole Kingdome Againe we sweare in the same oath That we would bear faith and true Allegiance to the Kings Highnesse his Heires c. and that we would to our power assist and defend all Jurisdictions Priviledges Preheminences and Authorities granted or belonging to the Kings Highnesse his heirs c. or united and annexed to the Imperial Crowne of the Realm As also in the oath of Allegeance we swear That we would beare faith and Allegeance to His Majesty His Heires c. and that we would defend Him and them to the utmost of our power against all conspiracies and attempte whatsoever which should be made against his or their persons their Crowne and dignity either by reason of any Sentence or Declaration of the Pope or otherwise and that we would doe our best endeavour to disclose and make knowne unto his Majesty his Heires c. all treasons and traiterous conspiracies which we should know or heare of to be against him or any of them And lastly in our late Protestation we sweare to maintaine and defend with our lives and powers and estates according to the duty of our Allegeance His Majesties royall Person Honour and Estate and to our power and as far as lawfully we may to oppose and by all good meanes to endeavour to bring to condigne punishment all such as should either by force plots conspiracies or otherwise do any thing to the contrary Now whether the assisting of forces raised by some of the Kings Subjects against the forces raised by the King be not expresly and fully contrary to all these particulars promised and sworn in all these oaths let any indifferent man judge as to name some contrarieties for many 1. Whether it be not usurpation or incroachment upon the Jurisdictions Priviledges Preheminences or Authority granted or belonging to the Kings Highnesse and united and annexed to the Imperiall Crowne and so flatly contrary to the oath of Supremacy 2. Whether it be not an attempt if not a conspiracy made against either the Kings Person or his Crowne and Dignity and so fully contrary to the oath of Allegeance 3. Whether it be not hazardous to the Kings person scandalous to His Honour and detrimentall to His Estate and so directly contrary to the late Protestation Lastly whether it be not a breach of that faith duty and loyall subjection which both by the bond of Allegeance and by the commandement of Almighty God as the Statute acknowledgeth 7. Jac. cap. 6 we ought to beare to His Majesty and so contrary to all three oaths and to his expresse command who is called to witnesse both in them and this For my part I appeale only to that which is most concerned and in most perill I meane the conscience of every one that hath taken the former oaths and is required to this wishing that every one that hath forgotten whether he ever tooke the oaths of Supremacy and Allegeance or not as I feare there are not a few such that he would consult with himselfe and the Statutes which enjoyne those oaths viz. 1. Elizab. cap. 1. 5. Elizab c. 1. and 3. Jacob. c. 4 7. Jacob. c. 6. the comparing of this new oath with those former oaths would occasion a multitude of Quaeres had some men the liberty of starting them I shall be bold only to point at one which in order to the preceding Quaeres upon this part of this oath makes the fourth 4. Quaer Whether the taking of a new oath and recommending and tendring it to others which is contrary to the oath of allegiance as this new oath is do not render the persons so doing guilty of the breach and liable to the penalty of that branch in that statute 3. Jacob. cap. 4. expressed in these words And further bee it enacted by the authority aforesaid That if any person or persons at any time after the tenth of June shall either upon the seas or in any other place within the Dominions of the Kings Majesty his heires or successors put in practise to absolve perswade or withdraw any of the Subjects of the Kings Majesty or of his heires or successors of this Realme of England from their naturall obedience to his Majesty his heires or successors or to reconcile them to the Pope or See of Rome or to move them or any of them to promise obedience to any pretended authority of the See of Rome or to any other Prince State or Potentate That then every such person their procurers counsellors ayders and maintainers knowing the same shall bee to all intents adjudged Traitors and being thereof lawfully convicted shall have judgement suffer and forfeyt as in cases of high Treason And if any such person as aforesaid c. shall be willingly absolved or withdrawne as aforesaid or willingly reconciled or promise obedience to any such pretended authority Prince State or Potentate as aforesaid That every such person or persons their procurers counsellors ayders and maintainers knowing the same shall be to all intents adjudged Traytors and being thereof lawfully convicted shall have judgement suffer and forfeyt as in case of high treason See the like stat 23. Eliz. cap. 1. I could wish that you would propound this Quaere privately to some honest able faithfull Lawyer and let me know his resolution it being of great and high concernment 5. Quar. Whether the swearing that we will according to our power and vocation assist the forces raysed and continued by both Houses of Parliament against the forces raysed by the King doth not swear us up to do that which will bring us within compasse of high Treason declared by that statute of 25. Edw. 3. cap. 2. wherein it is declared by the King at the request of the Lords and Commons in that Parliament assembled That it is high Treason to compasse or imagine the death of our Lord the King or of our Lady his Queene or of their eldest sonne and heire or if a man doe levy warre against our Lord the King in his Realme or be adherent to the Kings enemies in his Realme giving to them ayd and comfort in the Realme or elswhere and thereof be probably
attainted of open deed by people of their condition I believe when the established Law of this Land comes to be in force againe it will puzzle all the Lawyers of this Kingdome to assoile us of that guilt by the subtillest interpretations they can invent And truly I doe not yet value eyther soule or body at so low a rate as to venture eyther upon such an hazard But suppose that it should not be found high treason yet I have another Quaere to put concerning this oath that will make many looke before they leap into it lest they thereby leap out of a great part of their estates and that is this 6. Quar. Whether the taking this part of this oath and practising accordingly do not expose as many as have Offices Fees Annuities Honours Lordships Castles Mannors Lands Tenements and other possessions and hereditaments of the Kings gifts and grants which are throughout this Kingdome a considerable number to an inavoydable forfeiture thereof whenas by those two statutes viz. 11. Hen. 7. cap. 18. 19. Hen. 7. cap. 1. it is enacted That every person or persons within the Realme of England or Wales that have any such offices fees annuities c. and doth not in person attend upon the King being in person in warres against his enemies and rebells within the same Realme or without for repressing and subduing of them and their mischievovs purpose shall forfeit all his offices fees annuities c and that all the Kings gifts grants and letters patents wherby they enjoy them shall be utterly annulled void of none effect and at the Kings pleasure unlesse it be such as have speciall licence under the Kings signe manuall or signet or else have such unseigned sickenesse letting or disease that he may not in his person come to doe that attendance The same Statutes as they require such attendance upon the Kings person in his warres more especially from such men as have any promotion from the King so they declare also that every Subject by the duty of his Allegiance is bounden to serve and assist his Prince and sovereigne Lord at all seasons when need shall require and what he shall be adjudged worthy to forfeit or suffer that shall fail of that duty any knowing Lawyer will soon informe you 7. Quaer How can any man sweare in Righteousnesse that he will assist the forces raised and continued by both Houses of Parliament against the forces raised by the King when by the Lawes of the Land it is enacted that 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 c. or be in other places by his commandment in his warres within this Land or without shall for the same be either convict or attaint of high Treason or any other offences either by act of Parliament or otherwise by any processe of Law whereby to suffer any losse or damage but for that deed and service to be utterly discharged for any vexation trouble or losse and if any act or acts or other processe after the time of that act shall happen to be made contrary to that act that then that act or acts or other processe of the Law whatsoever shall stand and be utterly void 11. Hen. 7. cap. 1. It is no wonder then if in this new covenant when we swear to assist the forces raised and continued by the two Houses of Parliament against the forces raised by the King that necessary restriction or limitation so carefully inserted in the late Protestation viz. As far as lawfully I may be here in this oath wholy omitted when as the established Laws of the Land are in so many things so fully contrary to all such assistance that if we had sworne only to assist the Parliaments forces against the Kings forces as farre as lawfully we may we had sworne not to assist them at all but to our utmost to resist and represse them And whereas t is further intimated in this part of this oath and in that which followeth by way of aggravation against the Kings forces that they were raised without the consent of both Houses of Parliament I would willingly bend an eare either to Pri● himselfe that great pretender to Law and Parliaments though a Traitor to both as well as to his King or to any other that shall please to tell me of any one act of Parliament of any other established Law of this Land that doth allow the two Houses of Parliament in any case whatsoever to raise any forces without the consent of the King much lesse against the Kings consent and against the Kings forces or which is a bold chalenge of one that is no Lawyer that doth expresly binde the King in no case whatsoever no not for His owne safety and preservation nor for the safety and preservation of His Kingdome of the true Religion of the Lawes of the Land and liberties of the Subject c. to raise any forces without the consent of the two Houses of Parliament And if in any case the King may raise forces without the consent of the two Houses of Parliament then surely much more in the present case when not only all possibility of consent from the two Houses was impossibilitated but the two Houses themselves had actually raised forces without the Kings consent and had seised upon the Kings Castles and Armes and held them against Him But I have stayed too long amongst Acts and Statutes the proper Authenticks of Lawyers I returne to the Divine of whom I desire to favour most and with his leave and likeing I passe to the next clause of the oath and that is yet more desperate if more desperate can be for having sworne only in this last clause That we will according to our power c. assist the publick open forces raised and continued by the two Houses of Parliament against the forces raised by the King we are required in the next clause to sweare That we will according to our power also assist all private and close conspirators in whatsoever they shall attempt or doe either against the Kings forces or against the King Himselfe His Queen the Prince or any other so that what they attempt or doe be but for the advantage of both Houses and their forces now on foot the words import no lesse he that runs may read it And will likewise assist all other persons that shall take this oath in what they shall doe in pursuance thereof c. This is a hard saying who can beare it nay that is too too gentle a saying for it This is a most terrible saying what Christian but will tremble at it For first What if the Turke Pope or Spaniard shall by their agents or instruments do ought in the pursuance of this businesse as I verily beleeve some of them have done too much if those agents or instruments will but take this oath as