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

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A SERIOUS CONSIDERATION OF THE OATH OF THE Kings Supremacy Wherein these six Propositions are asserted 1. That some Swearing is Lawful 2. That some promissory Oaths are Lawful 3. That a promissory Oath of Allegiance and due obedience to a King is Lawful 4. That the King is His Realm is the onely Supreme Governour over all persons 5. That the King is the Governour of the Realm as well in all Spiritual or Ecclesiastical things or causes as temporal 6. That the Jurisdictions Priviledges Preeminences and Authorities in that Oath may be assisted and defended By John Tombes B. D. Prov. 23. 21. My son fear thou the LORD and the King and meddle not with them that are given to change LONDON Printed by Henry Hills living in Aldersgate-street next door to the sign of the Peacock To the Christian Readers BEing by special Providence brought hither upon some occasions of mine own and finding many persons of different perswasions scrupling the taking of the oath of Supremacy now beginning to be urged by reason of their unacquaintance with it through the long disuse of it by various conferences I convinced sundry of them that the end and matter of the oath was not such as they imagined Whereupon some persons tender of the publique peace and the liberties of those doubting persons who still remained unsatisfied earnestly pressed me to draw up something in writing tending to the elucidation of this doubt which I was unwilling to do being absent from mine own Books and Collections and hoping to have staid here less time then I am now necessitated to do yet the instant pressure hath drawn from me this writing though short and indigested it being conceived useful in this juncture of time wherein if I be offered on the sacrifice and service of your faith I joy and rejoyce with you all as being studious not how to have dominion over your faith but to be a helper of your joy For which and I crave your prayers who am London Oct. 13. 1660. Your brother and servant in Christ John Tombes The OATH of SUPREMACY as it is in the Statute 1. Eliz. Cap. 1. I A. B. do utterly testifie and declare in my conscience that the Queens Highness is the only supreme Governor of this Realm and of all other her Highness Dominions and Countreys as well in all Spiritual or Ecclesiastical things or Causes as Temporal and that no forreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm and therefore I do utterly renounce and forsake all foreign Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Queens Highness her Heirs and lawful Successors and to my power shall assist and defend all Iurisdictions Priviledges Preheminencies and Authorities granted or belonging to the Queens Highness her Heirs and Successors or united and annexed to the Imperial Crown of this Realm So help me God and by the Contents of this Book The Proviso in the Statute of 5. Eliz. Cap. 1. PRovided also That the Oath expressed in the said Act made in the said first year shall be taken and expounded in such form as is set forth in an Admonition annexed to the Queens Majesties Injunctions published in the first year of her Majesties Reign That is to say to confess and acknowledge in her Majesty her Heirs and Successors none other Authority than that was challenged and lately used by the noble King Henry the eighth and King Edward the sixth as in the said Admonition more plainly may appear The Admonition annexed to the Queens Injunctions THe Queens Majesty being informed that in certain places of this Realm sundry of her native Subjects being called to Ecclesiastical ministery in the Church be by sinister perswasion and perverse construction induced to finde some scruple in the form of an othe which by an Act of the last Parliament is prescribed to be required of divers persons for the recognition of their Allegiance to her Majesty which certainly neither was ever ment ne by any equity of words or good sence can be thereof gathered Would that all her lovyng Subjects should understand that nothing was is or shall be ment or intended by the same othe to have any other duty allegiance or bonde required by the same othe then was acknowledged to be due to the most noble kynges of famous memory kyng Henry the viii Her Majesties father or kyng Edward the sixth Her Majesties brother And further Her Majesty forbyddeth all manner Her subjects to give ear or credit to suche perverse and maliciouse persons which most sinifferly and maliciously labour to notify to her loving subjects how by the words of the sayde othe it may be collected the kings or Queens of this Realm possessours of the Crowne may challenge aucthority and power of ministrie of divine offices in the Churche wherein Her said subjectes be much abused by such evyl disposed persons For certainly her Majesty neither doth ne ever wyll challenge any other aucthority than that was challenged and lately used by the sayde noble kinges of famous memorye king Henry the eight and kynge Edward the sixt which is and was of ancient time due to the Imperial Crowne of this Realm That is under God to have the soverainty and rule over all maner persons born within these Her Realms Dominions and Countries of what estate either ecclesiastical or temporal soever they be so as no other forrain power shall or ought to have any superioritie over them And if anye person that hath conceived anye other sence of the fourm of the sayde othe shall accept the same othe with this interpretation sence or meaning Her Majestie is well pleased to accept every such in that behalf as her good and obedient subjects and shall acquit them of all maner penalties conteyned in the said Act against such as shall peremptorily or obstinately refuse to take the same othe The 37. Article professed in the Church of England The Kings Majesty hath the chief power in his Realm of England and other his Dominions unto whom the chief government of all Estates of this Realm whether they he Ecclesiastical or Civil in all Causes doth appetain and is not nor ought to be subject to any forrain jurisdiction where we attribute to the Kings Majesty the chief government by which titles we understand the mindes of some standerous folks to be offended we give not to our Prince the ministring either of Gods Word or of the Sacraments the which thing the Injunctions also sometime set forth by Elizabeth our late Queen do most plainly testifie but that onely Prerogative which we see to have been given to all godly Princes in holy Scriptures by God himself that is that they should rule all estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the civil sword
the Lord liveth that hath redeemed my soul out of all distress even as I sware unto thee that by the Lord God of Israel assuredly Solomon thy son shall reign after me and he shall sit upon my throne in my stead even so will I certainly do this day 4. That which is made a qualification of one that shall dwell in Gods holy hill is not unlawful but to swear to his hurt and not to change that is to take a promissory Oath and not to change though it be to his dammage is made a qualification of one that shall dwell in Gods holy hill Psal. 15. 4. Ergo Some promissory Oaths are lawful The third Proposition That to swear to a King or Governour is lawful is proved 1. From approved examples which prove either a duty or at least lawfulness of the thing That which hath been practised by holy men without reproof is lawful But swearing to Kings and Governours Allegiance and Obedience hath been practised by holy men Ergo The minor is proved by instances of the people to David 2 Sam. 5. 3. So all the elders came to the king to Hebron and king David made a league with them in Hebron before the Lord and they anointed David king over Israel 1 Chron. 11. 3. Then came all the elders of Israel to the king to Hebron and David made a covenant with them in Hebron before the Lord and they anointed David king over Israel according to the word of the Lord by Samuel A Covenant before the Lord was an Oath but the people of Israel a holy people made a covenant before the Lord with David their king therefore they entred into an Oath of Allegiance and due Obedience The other is more plain 2 King 11. 4. And in the seventh year Jehojada sent and fet the rulers over hundreds with the captains and the guard and brought them to him in the house of the Lord and made a covenant with them and took an Oath of them in the house of the Lord and shewed them the kings son vers. 17. And Jehojada made a covenant between the Lord and the king and the people that they should be the Lords people between the king also and the people 2 Chron. 23. 3. And all the congregation made a covenant with the king in the hosue of God and he said unto them Behold the kings son shall reign as the Lord hath said of the sons of David vers. 6. Then Jehojada made a covenant between him and all the people and between the king that they should be the Lords people These are express examples of swearing Allegiance to Kings which is consonant to what our Lord Christ teacheth that we should render to Caesar the things that are Caesars as to God the things that are Gods Matth. 22. 21. Besides we finde David swearing to Saul 1 Sam. 24. 22. the people conceiving themselves bound by Sauls adjuration 1 Sam 14. 24 28. Shimei was bound by the Oath which Solomon imposed on him where Solomon speaks thus to him Why hast thou not kept the Oath of the Lord and the commandment that I have charged thee with Abrahams servant sware obedience to Abraham and counted himself bound to keep it Gen. 24. 2 3. Then arose Ezra and made the chief Priests the Levites and all Israel to swear that they should do according to this word and they sware Ezra 10. 5. Nehemiah made them swear by God saying ye shall not give your daughters unto their sons nor take their daughters unto your sons or for your selves Nehem. 13. 25. 2. From Gods dealing with Zedekiah that kept not the Oath made to the King of Babylon Ezek. 17. 18 19. where God doth not except against the Oath but the breaking of it calling it his Oath which he had despised and his covenant that he had broken whence I argue That which God calls his Oath the despising of which he avengeth may be lawfully taken But an Oath of subjection even to the King of Babylon God calls his Oath the despising of which he avengeth therefore some Oath of subjection to a King may be lawfull 3. From the words of Solomon Eccles. 8. 2. I counsel thee to keep the kings commandment and that in regard of the Oath of God The Oath of God seemeth to be an Oath by God to the king being made the reason of keeping the kings commandment as the Oath of Shemei 1 King 2. 43. is termed the Oath of the Lord Zedechiah's Oath to the King of Babylon Gods Oath and Covenant Ezek. 17. 19. Prov. 2. 17. the wives covenant with her husband is called the covenant of her God whence I argue That which is Gods Oath and is urged as the reason of keeping the Kings command is lawful But an Oath of subjection to a King is Gods Oath and urged as the reason of keeping his commandment as the Text shews therefore it is lawful If by the Oath of God be meant not a particular Oath to a King but the general Oath or Covenant to obey God which seems not so likely because it is the special reason of keeping the Kings Commandment yet thus also the argument holds If it be lawful to make a general Oath to God of keeping his Laws and this be one of Gods Laws to keep the Kings commandment and that the particular Oath of subjection to the King is comprehended in the general Oath of keeping Gods commands a particular Oath of obedience to the King is not unlawful 4. That is lawful which is of necessary use for the Publique good But some swearing to a King or other Governors is of necessary use for the publique good therefore it is lawful The major is confirmed in proving the major of the fifth argument of the first proposition The minor is proved by experience even Jehojada and David conceived so and the reason is because the common peace and good government cannot be kept but by good correspondence between Prince and people therefore if mutual Oaths tend thereto as often they do they are of necessary use for the publique good The grand objection is from the words of our Saviour Math. 5. 34 35 36 37. But I say unto you Swear not all neither by heaven for it is Gods throne nor by the earth for it is his footstool neither by Jerusalem for it is the city of the great king Neither shalt thou swear by thy head because thou canst not make one hair white or black But let your communication be yea yea nay nay for whatsover is more then these cometh of evil and of the Apostles Jam. 5. 12. But above all things my brethren swear not neither by heaven neither by the earth neither by any other Oath but let your yea be yea and your nay nay lest ye fall into condemnation which words do seem expresly and fully to forbid any swearing at all excluding some sorts of Oaths by name and the rest by General terms with prescription that our