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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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people throughout the Realm and by all or most Officers and Souldiers of the Army by their Authority We the Knights Citizens and Burgesses in the Commons House of Parliament finding to the great grief of our hearts that the designs of the Priests and Jesuites and other Adherents to the See of Rome have of late been * more boldly and frequently put in practise than formerly to the undermining and danger of the ruine of the true reformed Protestant Religion in his Majesties Dominions established And finding also that there have been and having just cause to suspect that there still are even during this sitting in Parliament * endeavours to subvert the Fundamental Laws of England and Ireland and to introduce the exercise of an Arbitrary and Tyranical Government by most pernicious and wicked Counsels Practises Plots and Conspiracies And that the long intermission and unhappy breach of Parliaments hath occasioned many illegal Taxations whereupon the Subject hath been prosecuted and grieved And that divers Innovations and Superstitions have been brought into the Church multitudes driven out of his Majesties Dominions jealousies raised and fomented betwixt the King and his people a Popish Army levyed in Ireland and two Armies brought into the bowels of this Kingdom to the hazard of his Majesties Royal Person the * consumpsion of the Revenues of the Crown and Treasure of this Kingdom And lastly finding a great cause of Jealousie that endeavours have been and are used to bring the English Army into a Mis-understanding of this Parliament thereby to * incline that Army with force to bring to passe those wicked Counsels have therefore thought good to joyn our selves in a Declaration of our united Affections and Resolutions and to make this ensuing Protestation I A. B do in the presence of Almighty God promise vow and protest to maintain and defend as far as lawfully I may with my life power and estate the true reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realm contrary to the same Doctrine and according to the duty of my Allegiance His Majesties Royal Person Honour and Estate as also the power and privilege of Parliament The lawfull Rights and Liberties of the Subject and every person that maketh this Protestation in whatsoever he shall do in pursuance of the same And to my power and as far as lawfully I may I will oppose and by all good wayes and means endeavour to bring to condigne punishment all such as shall either by force practise counsels plots conspiracies or otherwise do any thing to the contrary in this present Protestation contained And further that I shall in all just and honourable waies endeavour to preserve the Vnion and Peace between the three Kingdoms of England Scotland and Ireland And neither for hope fear nor other respect shall relinquish this Promise Vow Protestation 7. The next in time is the Solemn League and Covenant taken in the most solemn manner with hands lifted up to heaven and subscribed by all Members of Parliament in England and Scotland by all Civil Military Officers Souldiers and well-affected persons in our three Kingdoms by f sundry special Ordinances of Parliament approving and ratifying the same A Solemn League and Covenant for Reformation and defence of Religion the Honour and Happiness of the King and the Peace and Safety of the three Kingdoms of England Scotland and Ireland WE Noblemen Barons Knights Gentlemen Citizens Burgesses Ministers of the Gospel and Commons of all sorts in the Kingdoms of England Scotland and Ireland by the Providence of God living under one King and being of one Reformed Religion having before our eyes the glory of God and the advancement of the Kingdom of our Lord and Saviour Jesus Christ the honour and happiness of the Kings Majesty and his Posterity and the true Publique Liberty Safety and Peace of the Kingdoms wherein every ones private condition is included and calling to minde the treacherous and bloudy plots Conspiracies Attempts and practises of the Enemies of God against the true religion and professors thereof in all places especially in these three kingdoms ever since the reformation of Religion and how much their rage power and presumption are of late and at this time increased and exercised whereof the deplorable estate of the Church and kingdom of Ireland the distressed estate of the Church and Kingdom of England and the dangerous estate of the Church and Kingdom of Scotland are present and publike Testimonies We have now at last after other means of Supplication Remonstrance Protestations and sufferings for the preservation of our selves and our religion from utter ruine and destruction according to the commendable practice of these kingdoms in former times and the Example of Gods people in other Nations after mature deliberation resolved and determined to enter into a mutual and Solemn League and Covenant wherein we all subscribe and each one of us for himself with hands lifted up to the most high God do swear I. THat we shall sincerely really and constantly through the Grace of God endeavour in our several places and callings the preservation of the Reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government according to the Word of God and the Example of the best Reformed Churches And shall endeavour to bring the Churches of God in the three Kingdoms to the nearest conjunction and uniformity in Religion Confession of Faith Form of Church-Government Directory for Worship and Catechising That we and our posterity after us may as Brethren live in Faith and Love and the Lord may delight to dwell in the midst of us II. That we shall in like manner without respect of persons indeavour the extirpation of Popery Prelacy that is Church-Government by Arch-Bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Archdeacons and all other Ecclesiastical Officers depending on that Hierarchy Superstition Heresie Schisme Profaneness and whatsoeuer shall be found to be contrary to sound Doctrine and the power of Godliness lest we partake in other mens sins and thereby be in danger to receive of their plagues and that the Lord may be one and his Name one in the three Kingdoms III. We shall with the same sincerity reality and constancy in our several Vocations endeavour with our estates and lives mutually to preserve the Rights and Privileges of the Parliaments and the Liberties of the Kingdoms and to preserve and defend the Kings Majesties person and authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with our consciences of our Loyalty and that we have no thoughts or intentions to diminish his Majesties just power and greatness IV. We shall also with all faithfullness endeavour the discoverie of all such as have been or shall be Incendiaries Malignants or evil Instruments by hindering the reformation of
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
drinke Wine nor build house nor sow seed nor plant nor have any vineyard but dwell in tents all their dayes held themselves bound in duty conscience to obey it which God himself commends records rewards for others imitation Jer. 35. 1. to 15. who might in like sort oblige them by his Oath and Covenant Is a convincing gument that as the * Warranties Covenants Bends Contracts Feofments Grants Reservations of Rents Services Tenures in see by the Laws of England and other Nations firmly oblige mens Heirs Posterity Assignees Executors Administrators on both sides in succession and perpetuity So likewise their Oaths Covenants Protestations to their here litarie Kings their Heirs and Successors oblige them equally to them in Perpetuity and succession 7ly Because it is most evident by Gen. 3. 14 15. c. 4 5. Exodus 17. 16. c. 20. 5. c. 43. 7. 1 Kings 2. 33. 2 Kings 5. 27. Jer. 22 30. c. 36. 31. That Parents by their iniquities and transgressions may draw down and entayl the curses the judgements of God on them and their Posterityes after them to their prejudice Therefore they may much more oblige them by their Oaths Covenants to Obedience Loyalty Subjection to their hereditary Kings and their Heirs for their own particular and the m Publick good safety as well as Freehold and Copyhold Tenents in Honors Manors may oblige themselves their Heirs and Successors for ever by Homage Fealty Tenures Contracts to their Landlords their Heirs and Assignees for ever by the Common Statute-laws of our own and other Realms though they be no Soveraign Lords and Kings over them 8ly Because the Saints and Churches of God in all Ages have held themselves and their posterity bound in Duty and Conscience to pray to God for the life safety prosperity of their Kings and their Sons and Royal Posterity in all hereditary Kingdoms as is apparent by Ezra 6. 10 11. Psal. 72 1 2 15. 1 Sam. 11. 14. 2 Sam. 16. 16. 1 Kings 1. 25. 34 39. 2 Kings 11. 12. 2 Chron. 23. 11. Psal. 149. 2. Ezech. 9. 9. Dan. 2. 4. c. 3. 9. c. 6. 6. 21. Mat. 21. 5. 9. John 12. 13 15. 1 Tim. 2. 1 2 3. by all the antient modern Liturgyes Collects Letanyes Canons of the Churches of England Scotland Ireland France Spain and other hereditary Kingdoms The Testimony of sundry Fathers Councils Historians and our own Clause Rolls in the Tower n elsewhere quoted Therefore they may lawfullie oblige themselves and their Posterity by Solemn Oaths Covenants Protestations to obey protect and defend their and their posterities Royal Persons Crowns and Royalties 9ly To put this out of further question I shall only prest one Scripture president and testimonie more wherewith I shall conclude this point and that is the Historie of the Gibeonites recorded Josh. 9. 10. and 2 Sam. 21. 1. to 13. The Gibeonites a remnant of the Amorites with whom the Israelites by Gods express command were to make no peace nor covenant nor shew any mercy to but smite with the edge of the sword and utterly destroy Deut. 7. 1 2 3. c. 20. 16 17 18. circumventing Joshua and the elders of Israel by a stratagem of old bottles shooes bread clothes and a lying information that they came from a farr country to make peace and a league with them by reason of the glorious victories God had given and the miracles he had wrought for them thereupon without asking any advice of God or the Congregation or examining the truth of their information Joshua and the Elders of the Congregation entred into a league with them to let them live and sware unto them in the name of the Lord Within three dayes after they heard they were their neighbours and dwelt amongst them and they came unto their Cities the third day * But the children of Israel smote them not Because the Princes of the Congregation had sworn unto them by the Lord God of Israel Hereupon all the Congregation murmured against the Princes But all the Princes said unto the Congregation We have sworn unto them by the Lord God of Israel therefore we may not touch them This we will do unto them we will let them live lest wrath be upon us because of the Oath that we sware unto them And the Princes said unto them let them live as the Princes had promised them but let them be hewers of wood and drawers of water to all the congregation And Joshua called for them and spake unto them saying Wherefore have ye beguiled us saying We are very far from you when you dwell among us Now therefore ye are cursed and there shall none of you be freed from being bondmen and bewers of wood and drawers of water for the house of my God And they answered Joshua and said because it was certainly told thy servants how the Lord thy God commanded his servant Moses to give you all the Land and to destroy all the Inhabitants of the Land before you therefore we were fore afraid of our lives because of you and have done this thing And now behold we are in thine hand as it seemeth good and right unto thee to do unto us do And so did he unto them and delivered them out of the hand of the children of Israel that they slew them not And Joshua made them that day hewers of wood and drawers of water for the congregation and for the Altar of the Lord even to this day in the place which he should chuse After this Oath and League the Princes and Congregation were so farr from slaying or suffering them to be slain by their enemies contrarie hereunto that when as 5. Kings soon after came up with all ●h●ir hosts and encamped against Gibeah to destroy is because they had made peace with Israel the Giheonite sending this message to Joshus the camp at Gilgal slack not thy hand from thy servants to come up to us quickly save us for all the Kings of the Amorites that dwell in the Mountains are gathered against us thereupon Ioshua and all the men of Warr with him went up from Gilgal all night and came upon their Enemies sodenly and smote destroyed them with a great slaughter delivering them from that danger About 395 years after this Solem Oath League King Saul out of his zeal to the children of Israel and Iudah sought to destroy all and slew some of those Gibeonites posterity contrary to this Oath and League For which 35 * years after its violation and 430 years after its first making God sent a famine in the Land for three years year after year upon this David inquiring of the Lord what was the true cause thereof The Lord answered him It was for Saul and for his bloudy house because they slew the Gibeonites who were not of the Israelites but of the remnant of the Amorites and the children of Israel had sworn unto them whereupon David called the Gibeonites and said unto