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A70864 Concordia discors, or, The dissonant harmony of sacred publique oathes, protestations, leagues, covenants, ingagements, lately taken by many time-serving saints, officers, without scruple of conscience ... by William Prynne, Esq. ... Prynne, William, 1600-1669. 1659 (1659) Wing P3928; ESTC R22150 38,103 48

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and null by his perfidiousness through divine Justice which will never permit any good things to spring out of such enormous evils as perjury and treachery which produced sundry judgments and civil wars never ceasing till Henry the right heir was restored to the Crown by a friendly agreement the only probable speedy way not now to end our present wars oppressions distractions Military Government and restore peace and prosperitie in our Nations After this An. 1191. upon the dejection of the insolent Bishop of Ely from his Vicegerentship under King Richard the first e all the Nobles of England assembling together swore Fealty to Richard King of England and to his heir against all men The Citizens of London swore the like Oath and that if King Richard should die without issue they would receive Earl John his Brother for their King and Lord juraverunt ei Fidelitatem contra omnes homines salva fidelitate Regis Richardi fratris sui as Hoveden relates In Claus. 24 H 3. m. 15. dorso soon after the birth of Edward the 1. son and heir apparent to King Henry the third I find this memorable writ issued to all the Sheriffes of England to summon all persons above 12. years old to swear Fealty to him as Heir to the King and to submit themselves faithfully to him as to their Liege Lord after his death Rex Vic. Eborum salutem Praecipimus tibi quod in fide qua nobis teneris et sicut teipsum et omnia tua diligis venire facias ad loca certa ad dies certos sicut commodius fiery potevit Omnes liberos homines de balliva tua aetatis 12. Annorum et supra et eos omnes coram te jurare facias ita quod haec sit forma juramenti sui scilicet Quod ipsi salvo Homagio et fidelitate nostra qua Nobis tenentur cui in vita nostra nullo mode renunciare volumus Fideles eritis Edwardo filio nostre primogenito ita quod side Nobis humanitus contigerit eidem tanquam hearedi nostro et Domino suo ligio erunt fideliter intendentes et eum pro Domino suo ligio habentes Et talem circa hoc exhibeas diligentiam ut inde merito debeatis commendari Teste meipso apud Westm. 24 die Febr. Ann. r. n. 24. Eodem modo scribitur omnibus Vicecomitibus and it appears by Dors. 12. they were summoned and sworn accordingly f In the Parliament of 5 H. 4. rot Parl. n. 13. 17. The Lords Spiritual and Temporal and Commons were sworn to bear faith and true allegiance to the King to the Prince and to his issue and to every one of his Sonnes severally sucéeding to the Crown of England and that of their own accord The like Oath was taken to the King Queen Prince Edward and the Heirs of the Kings body in the Parliament of 38 H. 6. rot Parl. n. 26. And to g Prince Edward Son and heir apparent to King Edward the 4th and his Heirs in the Parliament of 11 E. 4. entred in the Clause Roll of 11 E. 4. m. 1. dorso Yet in point of Law Conscience the first Oathes of Fealty and Allegiance to each of these Kings his heirs and successors * obliged all that took them as firmly to their heirs and successors as their Homages made by them to these Kings or other Lords which extend equally to their heires and shall not be h reiterated nor renewed to them upon this Account unless in some special cases and binde not only those that took them but their heirs and posteritie likewise although they never tooke these Oaths themselves at least to a religious conscientious observation though not to the actual legal penalties of Perjury as Angelus de Clavasio in his Summa Angelica tit. Juramentum 5. sect 24. 40. and other Canonists distinguish and the forecited Scriptures infallibly demonstrate especially being made for the publick good peace settlement of the Kingdom warranted by the policie presidents of all ages prescribed by our Lawes Parliaments for the safetie securitie settlement as well of our Religion Church Kingdoms Government as of our Kings and their posterities and so not o to be violated through fear menaces hopes of worldly gain or preferment nor dispensed with by any Papal or other human power whatsoever the i breach of Oaths Leagues Covenants being A GRAND VICKEDNESSE and high prophanation of the TRUTH FAITHFULNESSE NAME AND CONSTANCY OF GOD HIMSELF as well as transgression of his Law and Gospel deserving the highest temporal and Ecclesiastical censures in this world as well as eternal condemnation in the world to come Ezech. 17. 16 to 22. Jer. 34. Neh 5. 12. 13. 7. Whether the late illegal Oaths Ingagements to the New Republicans and Protectors enforced on the people against their Consciences without any lawfull Parliamentary Authority which only legally make prescribe impose new Oaths upon the Nation as the marginal k Statutes resolve past all dispute being directly contradictorie to their former lawfull Oaths to our Kings their Heirs and Successors be not absolutely void in conscience yea mere prophanings abuses of Gods sacred Name and if taken out of fear or weaknesse no wayes to be observed no more than Davids Oath resolution to slay Nabal with all his Family 1 Sam. 25. or Herods Oath to Herodias which he had more justly violated than observed in beheading John the Baptist Mat. 14. 6 to 13. or those Jews Vow who vowed they would neither eat nor drink till they had killed Paul Acts 23. 21. c. Which sinful Oaths Vows were no wayes to be observed by shedding innocent blood as both the Fathers Councils Canonists Casuists and Scoolmen resolve as you may read at large in Gratian Caus. 22. quest 4. Summa Angelica Tit. Juramentum sect. 3. 45. Peter Lombard Sent. l. 3. distinct 29. most Schoolmen on his Text whose definitive Doctrine is this Si quis alicui juraverit contra fidem charitatem officium quod observatū pejorem vergat in exitum potius est mutandum quam implendum Qui enim sic jurat vehementer peccat cum autem mutat benèfacit Qui autem non mutat dupliciter peccat Et quia injuste juravit et quia facit quod non debet And l that when a man hath once obliged himself by a legal Oath to God and his Soveraign any latter Oath repugnant to or inconsistent with it is unlawfull Upon which account our m Lawbooks and Laws resolve that when ever any man swears Fealty or doth Homage to his Landlord for the Lands held of him it shall be with this special exception saving the Faith which I owe to our Lord the King who is the Soveraign Lord of all his Subjects principally sworn unto and to be obeyed in the first place before all or any others Hereupon n Walter Bishop of Exeter Anno 6 E. 1. for omitting
Protector over their Infant Common-wealth much against their wills the Mock-Parliament under him whiles above 150 Members duly elected most confided in by the Country were forcibly secluded by their Additional Petition and Addresse the 26th of June 1647. imposed this new Oath on all Counsellors of State and Members of Parliament I A. B. do in the presence of God Almighty promise and swear That to the uttermost of my Power I will uphold and maintain the true reformed Protestant Religion in the purity thereof as it is contained in the Holy Scriptures of the Old and New Testament and encourage the Profession and Professors of the same And that I will be true and faithfull to his Highnesse the Lord Protector of the Commonwealth of England Scotland and Ireland and the Dominions thereunto belonging as chief Magistrate thereof And shall not contrive design or attempt any thing against the Person or lawfull Authority of the Lord Protector shall keep secret all matters that shall be treated of in Counsel and put under secrecy and not reveal them but by Command or consent of his Highnesse the Parliament or the Counsel and shall in all things faithfully perform the trust committed to me as a Counsellour according to the best of my understanding in order to the good Government peace and wellfare of these Natiions And shall endeavour as much as in me lyes as a Member of Parliament the preservation of the Rights and Liberties of the People These Oaths were sworn by many of those who had taken the premised Oaths Protestation Solemn League and Covenant and the Engagement too both to their Protector Oliver and his Son Richard with whom the Army-Officers Souldiers and sundry others in the name of most Counties and Corporations of England Scotland and Ireland in their special Addresses to Richard faithfully promised to live and die yet lo within few Months after notwithstanding these Oaths and Addresses by a miraculous Divine providence admirable in all considerate mens eyes they not only all deserted but degraded him from his Protectorship without one stroke or drop of blood spilt or Sword drawn in his quarrel after so much Christian bloud shed so many Millions of Treasure spent and many years travel care by his Father Oliver to establish his Posterity in this new-erected Supremacy Protectorship and that by his own Army-Officers and nearest most endeared Relations even in a moment beyond all probability or possibility in humane apprehension To accomplish this strange unexpected work the Army-Officers called in the old Vnparliamentary Iuncto sitting since the year 1648. till April 20. 1653. whom they formerly dissolved and unparliamented secluding all the rest of the old Parliament sitting till December 6. 1648. by force and armed guards with the whole House of Lords re-creating them alone for a Parliament who usurping to themselves the name and power of a Parliament against both Law Equity Reason dismounted his Son Richard from his Protectorship unlorded degraded his New other House of Mushrom Lords and new dubbed Knights cashiered some of the Army-Colonells and other Officers who helped to make them a Parliament him a Protector and may gratifie the rest in this kinde Commissioned some whom Oliver cashiered turned most of his Council Commissioners Judges Creatures out of their Offices and pulled down most of that he set up with force and blood Who now thinking themselves secure and forgetting all their former with these late sodain Revolutions Changes as the just rewards of perfidious breaches of Oaths Protestations Covenants to their lawfull Soveraigns they hav now afresh to make us a Freestate not only doubled our former Taxes in effect and more than trebled them by a most arbitrary new Militia on many but also by a New Bill appointed an Oath to be taken by their Iudges Iustices of the Peace and other Officers in form following You shall swear That you shall be true faithfull and constant to this Commonwealth without a single Person Kingship or House of Lords Which ‖ illegal Oath so diametrically contrary to the former it swallowed by their unarmed Judges Justices and other civil Officers out of fear will in time be imposed on the Army Officers Soldiers and all others as their former Ingagement was with as severe penalties Having presented you with these contradictory repugnant irreconcileable Oathes Protestations Covenants and Engagements I shall propose some few cases of conscience upon them in this age when Conscience is so much pretended and Liberty of Conscience so much pressed that tendernes of Conscience and Conscience it self are hardly to be found in the greatest pretenders to them 1. Whether all lawfull sacred Oaths Vowes Covenants Protestations doe not i firmly immutably inviolably bind the souls consciences of all that take them to an Absolute indispensible sincere faithful performance and strict observation of them to the uttermost of their power in all estates and conditions as is evident by Numb. 30. 2. to 14. Josh 9. 19 20. Gal. 3. 15. Deut. 23. 22 23. Judg. 11. 30. 39. Job 22. 27 Ps. 15. 4. Ps. 22. 25 Ps. 61. 8. Ps. 66. 13. Ps. 116 14 18. Ps. 132. 2 3 c. Eccles. 5. 4. Jer. 44. 25. Jonah 2 9. Isay 19. 21. Nah. 1. 15. Gen. 21. 23 24 31. c. 24. 3. to 10. 37. to 47. c 26. 3 31. c. 47. 31. c. 50. 5 6. Levit. 19. 12. Josh. 2. 12. 17. 20. Judg. 15. 12 13. Deut. 8. 12. Josh. 21. 43 44. 1 Kings 1. 13. 17. 29 30. 2 Chron. 36. 13. Ezra 10. 5. Neh. 13. 25. Jer. 4. 2. c 11. 5. Mat. 5. 33. 1 Kings 15. 3 4 5. 2 Chron. 21. 5 6 7. compared with Hebr 6. 16 17 18. An Oath for confirmation is to men an end of all strife wherfore God willing more abundantly to shew unto the heirs of promise the immutability of his Counsel confirmed it with an Oath that by two Immutable things his Oath and Covenant in which it is impossible for God to lie we might have strong consolation Ps. 89. 3. 34. I have made a Covenant with my chosen I have sworn unto David my Servant My Covenant will I not break nor alter the thing that is gone out of my lipps Once have I sworn by my holiness that I will not lie unto David Ps. 132. 11. The Lord hath sworn in truth unto David he will not turn from it Jer. 33. 20. 21. Thus saith the Lord If you can break my Covenant of the day and my Covenant of the night and that there should not be day and night in their season Then may also my Covenant be broken with David my Servant that he should not have a Son to reign upon his throne If Gods Oaths and Covenants to mortal sinful men be thus true constants sincere firme unalterable immutable then by like reason should mens Oaths and Covenants to God and their lawfull Kings be such as Psal. 15. 4. Eccles. 8. 2. Gal. 3. 15. Levit. 30. 2. to 14. and the