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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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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 making a very unpleasant Consort in the Ears of our most faithfull Oath-performing Covenant-keeping God and all Loyal consciencious Subjects sufficient to create a dolefull HELL and tormenting Horror in the awakned Consciences of all those who have taken and violated them too successively without any fear of God Men Devils or Hell By WILLIAM PRYNNE Esq a Bencher of Lincolns-Inne Numb. 30. 2. If a man vow a Vow unto the Lord or swear an Oath to bind his Soul with a Bond he shall not break his word he shall do according to all that proceedeth out of his Mouth Gal. 3. 15. Brethren I speak after the manner of men though it be but a mans Covenant yet if it be confirmed no man disannulleth or addeth thereunto Jer. 23. 10. Because of Swearing the Land mourneth the pleasant places of the wilderness are dryed up their course is evil and their force is not right Augustin de verbis Apostoli Sermo 30. Falsa Juratio exitiosa est vera juratio periculosa est nulla iuratio secura est Tantum mali habet juratio ut qui lapides colunt timeant falsum jurare per lapides Tu non times Deum praesentem Deum viventem Deum s●ientem Deum moven●em Deum in contemptores vindicantem Vis ergò longè esse a perjurio Jurare noli Chrys. Hom. 12. in Mat. 5. Nisi juramentū interdicatur non possunt amputari perjuria Nemo est enim qui frequenter jurat non aliquando perjuret London Printed for Edward Thomas at the Adam and Eve in Little Britain 1659. The dissonant Harmony or sacred publick Oaths Protestations Leagues Covenants Engagements lately taken c. MAny are the publick Oaths Protestations Leagues Covenants which all English Subjects especially Judges Justices Sheriffs Maiors Ministers Lawyers Graduates Members of the Commons House and all publick Officers whatsoever by the Laws and Statutes of the Land have formerly taken to their lawfull Hereditary Kings a their Heirs and Successors to bind their Souls Consciences to bear constant Faith Allegiance Obedience and dutifull subjection to them and to defend their Persons Crowns and just Royal Prerogatives with their Lives Members Fortunes against all Attempts Conspiracies and Innovations whatsoever Which being almost quite forgotten by those who have formerly taken and as frequently violated them over and over in the highest degree if not abjured them by contrary late Oaths and Ingagements I shall present them in order to their own and others view that they may conscienciously review consider them afresh and bewayle their perjurious atheistical violations of them to prevent those temporal and eternal Judgments which otherwise may and will most certainly fall upon them our Nation too for the same 1. I shall begin with the antient Oath of Fealty a which every Person above 14. years old and every Tithingman was obliged to take publickly at the Court Leet within which he lived and was antiently taken afresh every year by all the Subjects under Edward the Confessor and William the first in substance at least though not in precise words I A. B. do swear that from this day forwards I will be faithfull and loyal to our Lord the King and his Heirs and will bear * Faith and Allegiance to him of life and of Member and of terrene honour against all people which may live and die And that I shall neither know nor hear of any thing which may tend to their hurt or dammage which I shall not withstand to my power So God me help 2. The second is the antient usual b Oath of the Maiors of LONDON and other Cities and Townes throughout England and of Bayliffs or other Chief Officers where there were no Maiors You shall swear That you shall well and loyally serve the KING in the Office of Maior in the City of London and the same City shall keep surely and safely to the use of our Lord the KING of England and of his HEIRS Kings of England and that the profit of the KING you shall advance in all things which belong to you to do And shall loyally preserve the Rights of the King and whatsoever belongeth to the Crown in the said City and you shall not assent to the Distresse nor to the concealment of the Rights nor of the Franchises of the KING And where you shall know the Rights of the KING of his CROWN be it in Lands in Rents or in Franchises or in Sutes to be concealed or substracted you shall do your best endeavour to regain the same And that if you cannot do it you shall tell it to the King or to those of his Counsel of whom you are certain they will inform the KING thereof And that lawfully and rightfully you shall treat the People of your Bailywick and do right to every one as well to Strangers as to Prives as well to the Poor as to the Rich in that which appertains to you to do and that neither for Honour nor for Riches nor for Gift nor for Promise nor for favour nor for hatred you shall not do wrong to any one that you shall disturb no mans Right nor shall you take any thing by which the KING may suffer losse or any Right shall be disturbed And that in all things which appertain to the Maior of the said City so to do you shall well and lawfully demean your self So God you help c. The like c Oaths in substance were taken by all Privy Counsellors of State Sheriffs of Counties Recorders of Towns Escheators Constables and other publick Officers of Justice and by most Freemen of Corporations in relation to the King and his Heirs and the Rights of the Crown 3. The third is the d Oath of all the Judges Barons of the Exchequer and Justices of the Peace prescribed by several Acts thus formed Ye shall swear That well and lawfully ye shall serve our Soveraign Lord the King and his People in the Office of Justice and that lawfully ye shall counsell the King in his Business and that ye shall not counsel nor assent to any thing which may turn him to dammage or disherison by any manner way or colour and that ye shall not know the dammage or disherison of him whereof ye shall not do him to be warned by your self or by other and that ye shall do even Law and Execution of Right to all his Subjects Rich and Poor without having regard to any Person And that you take not by your self or by other privilie or apertly Gift or Reward of Gold or Silver nor of any other thing which may turn to your profit unlesse it be meat or drink and of small value of any man that shall have any Plea or Process hanging before you as long as the same Process shall be
so hanging nor after the same cause And that ye take no fee as long as ye shall be Justice nor Robes of any man great or small but of the King himself And that you give none advice or counsell to no man great or small in no case where the King is party And in case that any of what estate or condition they be come before you in your Sessions with force and arms or otherwise against the Peace or against the forme of the Statute thereof made to disturbe execution of the Common-law or to menace the people that they may not pursue the Law that ye do their bodies to be arrested and put in prison And in case they be such that ye may not arrest them that ye certifie the King of their names and of their misprision hastily so that thereof he may ordain a co●●venable remedy And that ye by your self nor by other privily nor apertly maintain any plea or quarrel hanging in the Kings Court or elsewhere in the Country And that ye deny to no man common right by the Kings Letters nor none other mans nor for none other cause and in case any letters come to you contrary to the Law that ye do nothing by such Letters but certifie the King thereof and go forth to do the Law notwithstanding the same Letters And that ye shall do and procure the profit of the King and of the Crown with all things where ye may reasonably do the same And in case ye be from henceforth found in default in any of the points aforesaid ye shall be at the Kings Will of Body Lands and Goods thereof to be done as shall please him as God you help and all Saints Anno 18 E. 3. Stat. 4. The next Oath is that of Supremacy made and prescribed to be taken by all Judges Justices Sheriffs Maiors Recorders Civil and Ecclesiastical Officers Barresters Benchers Graduates Ministers Attornies whatsoever and all Members of the Commons House before they ought to fit or vote therein by the Statutes of 1 Eliz. cap. 1. 5 Eliz. cap. 1. 17 Car. cap. 7. I A. B. do utterly testifie and declare in my Conscience That the Kings Highness is the only Supream Governor of this Realm and of all other his Highness Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal and that no forein Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm and therefore I do utterly renounce all forein Jurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the Kings Highness his Heirs and lawfull Successors and to my Power shall assist and defend all Iurisdictions Privileges Preheminences and Authorities granted or belonging to the Kings Highness his 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 5. The 5th Oath of equal Latitude and Extent as the former of Supremacy is that of Allegiance prescribed by the Statutes of 3 Jacobi cap. 4. 7 Jac. c. 6. 17 Car. c. 7 tending only to the Declaration of such Duty as every true and well-affected Subject not only by Bond of Allegiance but also by the Commandement of Almighty God ought to bear to his Majesty his Heirs and Successors which Oath such as are infected with Popish Superstition do oppugn with many false and unsound Arguments the just defence whereof his Majesty King James hath heretofore undertaken worthily performed to the great contentment of all his loving Subjects notwithstanding the gainsayings of all contentious Adversaries And to shew how greatly his Loyal Subjects did approve the said Oath they prostrated themselves at his Majesties feet beseeching his Majesty that it might be enacted that the same Oath may be administred to all his Subjects The words whereof are these I A. B. do truly and sincerely acknowledge professe testifie and declare in my Conscience before God and the world That our Soveraign Lord King CHARLES is lawfull and rightfull King of this Realm and of all other his Majesties Dominions and Countries And that the Pope neither of himself nor by any of the Church or See of Rome or by any other means with any other hath any power or authority to depose the King or to dispose of any of his Majesties Kingdomes or Dominions or to authorize any forein Prince to invade o● annoy him or his Countries or to discharge any of his Majesties Subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to bear Arms raise tumult or to offer any violence or hurt to his Majesties Royal Person State or Government or to any of his Majesties Subjects within his Majesties Dominions Also I do swear from my heart that notwithstanding any Declaration or sentence of Excommunication or deprivation made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any absolution of the said Subjects from their obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and traiterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear That I do from my heart abhor detest and abjure as impious and heretical this damnable Doctrine and Position That Princes which be excommunicated by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved that neither the Pope nor any person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be lawfully administred unto me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to the expresse words by me spoken and according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And I do make this Recognition and Acknowledgement heartily willingly and truly upon the true Faith of a Christian So help me God 6. To these Oaths I shall subjoyn the c Protestation made and taken in pursuance of these Oaths by all the Well-affected Members of the Lords and Commons House the last long Parliament and voluntarily taken by all the best affected
this Clause out of the Homage he received of his Tenants in Cornwall IN CONTEMPTUM DOMINI REGIS ad manifestam quo ad PRIVILEGIUM IPSIUS DOMINI REGIS EXHAEREDATIONEM ET DAMNUM IPSIUS DOMINI REGIS ad valentiam DECEM MILLE LIBRARUM he had judgement given against him for it upon an Information and was put to a great fine and ransome for this his transcendent offence Upon this very account Honnore Bonhor Prior of Salon an eminent Doctor of the Canon law in his Larbre des Battailles ch. 50 51. resolves out of other Doctors That if the King moves war against any Baron of his Realme his Tenants and Homagers are not bound to assist him in his wars against the King by their Homage or Fealty but rather to assist the King against him BECAUSE THE KING IS SOVERAIGN LORD TO THEM BOTH and the Barons lesser and inferiour Dominion is swallowed up or suspended by the presence of the King the greater and superior Lord and because the Baron commits both Treason and Perjury against the King by violating his Homage in taking up Arms against him Whereupon his Tenants are not bound to ayd him in his Perjury and Treason against his Soveraign And ch. 100 101 102. he determines That if a man be a Subject to two Kings States or Cities which afterwards wage war against each other he is bound to serve the King State City in the wars to which HE WAS FIRST SWORN AND OBLIGED because his latter Oath and Homage to his last Soveraign cannot invallid nor discharge his first Oath and Allegiance to his old one Much lesse then can these later Treasonable Oaths Engagements to a New Protector or Republick dispence with those antecedent legal Oaths Protestation Covenant to our lawfull King and his Heirs nor oblige us in the least degree to fight against or oppose their Persons Titles Rights to perpetuate our wars miseries taxes oppressions confusions and prevent our future settlement Let us therefore all now seriously remember consider in the fear of God That as all who have been Judges Justices Maiors Bayliffs of Towns Barresters Benchers Ministers Graduates in Vniversities Attorneys Civil or Ecclesiastical Officers in any kind Members of the Commons House or Tenants to the King before the year 1649. have oft taken the premised Oaths of Maiors Iustices Fealty or at lest of Supremacy and Allegiance So all Aldermen Governors Assistants Livery men Common Counsel-men and Freemen whatsoever of every City Corporation Society Company Fraternity throughout the Realme have likewise taken another Oath beginning thus You shall swear to be good and true or true Liegeman to our Soveraign Lord the Kings Majesty and to his Heirs and Successors Which if they will all now conscienciously verifie and resolutely fulfil to the Right Heir and Successor of the Crown they may soon put a period to all their present Oppressions Taxes Excises arbitrary Militiaes Distractions Fears Dangers under their New Aegyptian Tax-Masters and make themselves real ENGLISH FREEMEN without any new Warr or much feared forein invasion instead of continuing Bondslaves under a misnamed Free-State in which no wise men can yet discern the least shadow of Freedom or Security but inovitable desolation in the present posture of its publick Affairs and a necessity of involving himself in the guilt of New Oaths more treasonable than the * Bishops late c. Oath which can neither be imposed nor administred without danger and the guilt both of Perjury and High Treason to the King kingdom and Parliament by all our known Laws resolution I shall close up all with this memorable seasonable antient Canon Resolution and Anathema of the 4th Council of Tolede in Spain Anno 681. Can. 74. as an effectual means through Gods blessing to reclaim us from our former Perjuries Treacheries Regends Disloyalties to our lawfull Kings and their Posteritie to restore them to their hereditarie Rights divert Gods heavy Judgements from us to settle us in firm lasting peace for the future and restore our pristine Tranquility Unity Trade Honour Prosperity so long expected desired k Multarum gentium ut fama est being then principally intended of the antient l Britains Saxons Northumberlanders exceeding all other Nations in Perjury Treachery to rebellions against and murders of their Kings and now exceeded therein by us of this Age tanta extat perfidia animorum ut fidem sacramento promissam Regibus suis observare contemnant et ore simulant Iuramenti professionem dum retinent mente perfidiae impietatem Iurant enim Regibus suis et fidem quam pollicentur praevaricantur nec metuunt volumen illud judicii Dei per quod inducitur maledictio multaque poenarum comminatio super cos qui jurant in nomine Dei mendaciter Quae ergò spes talibus populis contra hostes laborantes erit Quae fides ultra cum aliis gentibus in pace credenda quod foedus non violandum quae in hostibus jurata sponsio stabilis permanebit quando ipsis propriis Regibus juratam fidem non servant Quisenim adeò furiosus est qui caput suum manu sua propria desecet Illi ut notum est immemores salutis suae propria manu seipsos interimunt in semetipsos suosque Reges proprias convertendo vires Et cum dominus dicat Nolite tangere Christos meos David quis inquit extendet manum suam in Christum Domini innocens erit Illis nec vitare metus ett perjurium nec Regibus inferre exitimn Hostibus quippe fides pacti datur nec violatur Quod si in bello sides valeat quanto magis in suis servanda est Sacrilegium quippe est si violetur a gentibus Regum suorum promissa fides quia non solum in eos sit pacti transgressio sed et in Deum in sujus nomine pollicetur ipsa promissio Indè est quod multa regna terrarum caelestis iracundia ità permutavit ut pro impietate fidei et morum alterum ab altero solveretur Unde nos cavere oportet casum hujusmodi gentium nè similiter plaga seriamur praecipiti et poena puniamur crudeli Si enim Deus Angells in se praevaricantibus non pepercit qui per inobedientiam coeleste habitaculum perdiderunt unde per Esaiam dicit Inebriatus est gladius meus in coelo quantò magis nos nostrae salutis interitum timere debemus nè per infidelitatem eodem saeviente DEI gladio pereamus Quòd si divinam iracundiam vitare volumus et severitatem ejue ad clementiam provocare cupimus servemus erga Deum religionis cultum atque timorem custodiamus erga Principes nostros pollicitam fidem atque sponsionem Non sit in nobis ut in quibusdam gentibus infidelitatis subtilitas impia non subdolae mentis perfidia non perjurii nesas et conjurationum nefanda molimina Nullus apud nos
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
other forecited Texts resolve 2ly Whether the late violation through fear or self-respects much more the wilfull justification perjurious repeal abrogation abjuration of our sacred lawful Oaths protestation Covenant be not a k most detestable crying scandalous damning sin exceedingly dishonorable to God injurious to Religion drawing down sad private personal and National judgements on those who are notoriously guilty thereof as is most apparent by Ezech. 16. 59. c. 17. 13. to 27. Zech. 8. 17. c. 5. 3 4. Hos. 10. 4. Lev. 6. 3 4. c. 19. 12. Prov. 24. 21 22. Jer. 5. 2. c. 7. 9. to 17. c. 34. 8. to 22. c. 52. 3 4. Deut. 31. 20. c. 29. 20. to 29. Ps. 78. 10. 37. 57. to 65. 2 Chron. 36. 13. Josh. 9. 20. 2 Sam. 21. 1. to 11. Jer. 23. 10. Rom. 1. 31 32. 1 Tim. 1. 10. worthy sad and serious perusal And whether those who are deeply guilty of these sins can ever expect to enter into heaven since this is made the special character of a Citizen of Zion Who shall dwell in Gods holy hill Psal. 15. 1 2 4. He that walketh uprightly and worketh righteousness and speaketh the truth from his heart He that sweareth to his own Hurt and changeth not much more then when for his own and the publick good 3ly Whether those who have made taken and equally violated all or most of these contradictory Oathes Protestations Covenants Ingagements alike be not perjured persons and Covenant-breakers in folio void of all real fear of God truth faith conscience honesty religion if the premised Scriptures or Eccles. 9. 2 Acts 5. 3 4 5. may be credited And whether those who have been thus perfidious perjurious fidef●agus treacherous to all others can in point of justice conscience prudence policy impose an Oath upon all or any others to be true faithfull and constant in their Oaths Covenants trusts and obedience unto them especially before themselves have taken any such Oath to be true faithfull constant to their own principles or any fixed setled Government since they have taught them to be treacherous perfidious disloyal by their own precedent examples and God himself hath denounced this Wo and retaliation against such Isay 33. 1. Wo unto thee that dealest treacherously and they dealt not treacherously with thee when thou shalt make an end to deal treacherously they shall deal treacherously with thee Which we have seen verified of late in sundry particulars even to admiration by divine retaliation to deterr all henceforth from the dangerous sin of Perjury Treachery Oath and Covenant breaking 4ly Whether it be not a most impious unchristian execrable if not Atheistical practice for any persons whatsoever especially without any colour of Parliamentary Authority to impose any Oath Vow or illegal Ingagement upon others diametrically repugnant to inconsistent with their former legal Oaths Protestations Covenants imposed on them by unquestionable Parliamentary Authority to their lawfull Soveraigns to ensnare wound their Consciences and involve them in the guilt of unevitable most apparent * Perjury and breach of all their former Oaths Protestations Covenants And whether such incur not that wo in Isay 10 1 2 3. Wo unto them that decree unrighteous decrees and that write grievousnesse which they have prescribed to turn aside the needy from Judgement to take away the right from the poor exiled Royal Issue and that they may rob the Fatherless And what will ye do in the day of Visitation and in the desolation which shall come from far to whom will ye flee for help and where will ye leave your glory If Ahabs and Jesabels suborning of false Witnesses against Naboath to gain his Vineyard who attested that Naboath did blaspheme God and the King brought such a heavy doom upon their persons and royal Posterity to their utter extirpation 1 Kings 1. 21 22. how much sorer judgements shall they incur who shall endeavour to make our whole 3. Kingdoms perjured in the highest degree by ingaging them to renounce blaspheme both God and the King abjure their former Oaths Covenants Protestations of purpose to disinherit the royal Posterity of their Crowns and Royalties which they have so precisely sworn protested covenanted over and over inviolably to defend and preserve 5ly Whether it can be just equitable prudential rational for any in present power to Commission intrust imploy Anabaptists Quakers with other Military Officers Souldiers by Land and Sea without prescribing any Military Oath unto them after so many meetings and violations of their trusts to the late King Parliament and other new Governours Governments of their own erecting to their total subversion to be true faithfull obedient and constant to them contrary to the Discipline of all former Ages amongst the Romanes Graecians and most other Nations who alwaies * imposed a Military Oath on all their Army-Officers Souldiers warranted by 2 Tim. 2 3 4 And in the mean time to inforce such a Oath upon all their Judges Justices and Civil Officers against their Judgements Consciences who are Orthodox in Religion approve of lawfull Oaths imposed by legal Authority of Parliament Magistracy and Ministry which Anabaptists Quakers and other Sectaries professedly oppugn and now violently endeavour to suppresse And whether those now sitting or any others who have taken the forecited Oaths to the late King and his Heirs or the Protestation League and Covenant can without apparent perjury and direct violations of them repute those few Reliques of the old Parliament now sitting forcibly secluding the Lords and Majority of their Fellow Members to be a lawfull Parliament within the Statute of 17 Car. c. 7 or submit to any Oaths Taxes Edicts of theirs as Parliamentarie or legal 6. Whether the forecited Oaths of Supremacy Allegigiance Maiors Sherisss Judges Recorders Bayliffs Parliament-Members and others in direct words extending not only to the late Kings person but his Heirs and Successors do not inviolably bind both them their Posterities and our whole three Nations Kingdoms in perpetuity in point of Law and Conscience so long as there is any Heir of the Crown and Royal line in being and that upon these unanswerable Scriptural presidents and legal considerations 7. Because Gods Oath and Covenant made to Eve Abraham Noah their Seed and Posterity and to the Israelites and their children and their Covenant made to God by Gods own resolution did oblige God himself and them in perpetuity from Generation to Generation Gen. 3. 15. c. 8. 21 22. c. 9. 1 to 17. c. 13. 16. c. 15. 18. c. 17. 2 to 22. c. 21. 13. c. 24. 7. c. 28. 4 13 14. Exod. 28. 43. c. 34. 7. Levit. 22. 3 4. Numb. 14. 24. c. 18. 19. c. 25. 12 13. Deut. 1. 8. c. 4. 31. 37. c. 5. 2 3. c. 7. 9 10 11. c. 8. 18. c. 11. 9. c. 28. 46. c. 29. 1. 4 to 20. c. 30. 6 9. c. 31. 21. c. 34. 4. Josh. 7. 11 15. c. 24. 3 to 29. 2 Chron. 20. 7 8. Neh.
not the blood of our beheaded King the disinheriting of his Heir and Successor the abjuration of Kingship it self the House of Lord the subvertion of all the Rights Freedoms Privileges of Parliament by those in late and present power against all the premised Oaths Protestations Solemn League and Covenant sworn by them in the name presence of God himself and the Lord Jesus Christ with hands laid on the Evangelists and listed up to Heaven and then subscribed for a perpetual Memorial cry aloud to God and Christ for the like avenging Justice from Heaven against the perjurious Infringers of them in a far higher degre than Vladislaus was guilty of if spread and held up before them by the disinherited King and Lords No doubt it will in Gods due time if not speedily really and deeply bewailed repented of by a plenarie satisfaction and restitution And cause God to shake out every man and his Posterity too from his House and from his labour and empty him and his of all present honours and enjoyments as Nehemiah shaked and emptied his lap that performeth not these Oaths Protestation League Covenant to which he and all the Congregation have said Amen Neh. 5. 12 13. Since the e very Pagan Graecians and Romanes insinuated as much in the Ceremonies of their sacred Oaths wherein they prayed That if they did not faithfully observe them without guile that Jove and the other Gods would smite and slay them as they did the lamb they then sacrificed to them and that they might be cast out and perish like the stone they threw out of their hands when they swore the Religion of an Oath being so great amongst the very Heathens that they thought all human Society abolished with its violation and those persons unworthy to live or breath amongst men who durst presume to infringe it though to their losse and prejudice And shall they not condemn us Christians and those most refined Saints of this Age who like the perfidious Atheistecal f Carthagenians Thessalonians and Parthians regard neither God nor Altars nor Covenants nor Oaths no farther than they serve their turnes to cheat and circumvent men to whom profit is more sacred than Faith or Oaths No doubt they will Ezech. 17. 18 19 20 21. Seeing he despised the Oath by breaking the Covenant when lo he had given his hand and hath done all these things he shall not escape Therefore thus saith the Lord GOD As I live surely mine Oath that he hath despised and my Covenant which he hath broken even it will I recompence upon his own head And I will spread my net upon him and he shall be taken in my Snare And I will bring him to Babilon and will plead with him there for his Trespasses that he hath trespassed against me And all his Fugitives with all his Bands shall fall by the sword and they that remain shall be scattered towards all Windes and ye shall know that I the LORD have spoken it FINIS ERRATA P. 13. l. 6. 1647. r. 1657. p. 16. l. 6. Justification r. Prevarication p. 18. l. 2. Meetings r. Mutinies Margin P. 23. l. 7. r. Sacramenti a Bracton l. 3. Tract. 2. c. 1. Britton c. 12. Lambardi Archaion LL. Edwardi Confessoris Lex 35. Spelmanni Glossarum p. 267 268. Cook 7 Rep● Calvins case 1 Instit. f. 64 65 67 68. Tottles Magna Charta f. 164. Kitt f. 46. Exact Collection p. 370. Joh. Seldeni ad Eadmerum Notae p. 190 191. * See Gratian Caus. 22. ●u 5. De forma fidelitatis b Tottles Magna Charta f. 166. Iuramentum Majorum Ballivorum c Tottles Magna Charta f. 165 157. Claus. 35 E. 1. dors 7. Kitchin f. 46. 47. d 18 E. 3. stat 4. 20 E. 3. c. 1 2. Claus. 20 ● E. 1. pars 1. do s 13. 3 R. 2. Rot. Parl. n. 38 39 40 41. Rastall Iustices 2 Rot. Parl. 25 E. 3. n. 10. Cooks 3 Instit. p. 145. c See Exact Collection p. 278 296 337 340 342 361 367 491 498 522 523 666 770 828 839. * And have they not been so more since and now then ever before * As since and now by doubled illegal Taxes Excises High Courts of Justice Arbitrary Junctoes and their new Knacks * New quite sold and consumed * Have they not since that in 1648. and now again effected it f A Collection of Ordinances p 327 359 390 399 404 416 420 to 428. 458 459. 606. 690. 702. 751. 768 769. 798. 802 803. 806 807 808 878 879 889. Quaere whether this be not violated in every branch in the highest degree g Exact Collelection p. 769. Exact Abridgement of the Records in the Tower p. 157. 176. 454. See Oath in the Table h See my True and perfect Narrative p. 22 to 40. 92. i The true state of the case of the Common-wealth p. 9 11. ‖ Juramenta illicita jurari et jurata servari non debent Gratian Causa 22. qu. 4. throughout i St. Aug. de Verbis Apostoli Serm. 30. Gratian Caus. 22. qu. 1 2 5. Grotius de Jure Belli Pacis l. 2. c. 13. Jusjurandum habetur apud omnes ultimum atque firmissimum fidei mutuae veracitatis pignus Procopius Persi● corum l. 2. Ultima fides inter homines tum G●a●cos tum Barbaro quam nulla delebit aetas est ea quam per jurata pacta sponseres adh●bet Deos. Dionys Hallicarnast Antiqu. Rom. Nullum Vinculum ad adstringendam fidem majores nest●i Juramento arctius esse voluerunt Cice●● Offic. l. 1. k S. Augustin Gratian Grotius ibidem Caelius Rhodiginus Lectionum Antiq. l. 21. c 15 * Qui perjurare compellit et qui compellitur utrique sunt perjuri homicidae Dominus quia praecepit Miles quia plus Dominum quam Deum animam suam dilexit Gratian Causa 12. qu. 5. Augustin Serm. 30. de verbis Apostoli * See vegetius de Re Militari 1. 2. Alexander ab Alexandero Genial Dierum l. 1. c. 21. l 6 c. 23. Calvini Lexicon Juridicum Tit. Juramentum Militare Fr. Connanus l. 5. c. 3. Grotius de Jure Belli l. 1. c. 2. * See Levit. 23. 41. * Littleson Firzh Brook Ash Tit. Warranty Covenant Obligation Condition Tenure m prov. 24. 20. 21. Rom. 13. 3. 4 5 6. 1 Tim 2. 2 3. 1 Pet. 2. 13. 14. n my True perfect Narrative p. 95. * Jesus pacem quam dederat revocandam non censuit quia firmata erat Sacramenti Religione ne dum alienam perfidiam arguit suam fidem solveret Ambrosius de Officiis l. 3. c. 10. * Archbishop vshers Annal. Vet. Testamenti Anno 2553. 2983. 2986. * See 7 Jac. c. 6. 17 Car. c. 7. here p. 7. q 1 Kings 15. 19. Cook 4 Instit. c. 26. p. 155 156. 4 II. 5. Rot. Parl. n. 24. ● E. 4. 2. See Br. Fith Tit. Corporation Abbie Cooks 1 Instit. f. 2. 94. 102 150. Grotius de Jute
praesumptione regnum arripiat nullus excitet mutuas seditiones civium nemo meditetur interitus regum sed desuncto in pace Principe Primates gentis cum sacerdotibus filium ejus Soccessorem Regni Constlio communi constituant ut dum unitatis concordia à nobis retinetur nullum patr●●e gentisque dissidium per vim atque ambitum moliatur Quòd si haec admonitio mentes nostras non corrigit et a● salutem communem cor nostrum nequaquàm perducit audi sententiam nostram Quicunque ergò ex nobis vel totius Hispaniae populis qualibet conjuratione vel studio Sacramentum Fidel suae quod pro patriae gentisque Gotthorum 〈◊〉 vel conservatione Regiae salutis pollicitus est temeraverit aut Regem nece attrectaverit aut potestate Regni exuerit aut praesumptione tyrannica regni fastigium usurpaverit Anathema sic in con●pectu Dei Patris et Angelorum Christi 〈◊〉 Apostolorum ejus Spiritus Sancti et Martyrum Christi atque ab Ecclesia Catholica Quam perjurio prophanaverit efficiatur extraneus ab omni caetu Christianorum alienus cum omnibus impietatis suae sociis quia oportet ut una poena teneat obnoxios quos similis error invenerit implicatos Quod iterum secundo et tertio replicamus et acclamamus Qui contra hanc nostram definitionem praesumpserint Anathema Maranatha hoc est perditio in adventu Domini sint et cum Juda Scarioth partem habeant ipsi socii sui et cum Diabolo et Angelis ejus aeternis suppliciis condemnantur Amen FINIS A POSTSCRIPT MAny are the Presidents of Gods severe personal and National Judgements inflicted upon perfideous perjurious Infringers of their Oaths and Covenants to their lawfull Soveraigns and their Heirs a Both at home and abroad For domestique Presidents of this nature I haue presented you with some signal ones in the Second Part of my Legal and Historical Vindication of the Fundamental Liberties Rights and Laws of England London 1655. p. 29 to 37 44 46 47 56 57 60 to 65 79 80. Part 3. p. 23. 31 54 55 58 85 97 98 102 103 106 136 138 to 146 170 to 175 201 to 229 254 256 258. 260 266 267 322 to 327 333 to 370. before the Conquest The like Presidents since you may peruse in Henrici Huntindonensis Hist. l. 8. p. 291 292 293. Regeri de Hoveden Annalium pars prior p. 483. Holinshed vol. 3. p. 46. and Doctor Beards Theatre of Gods Iudgements Book 1. ch. 28. I shall instance only in two remarkable forein Examples of this kind The first is in the usurping b-c Emperour Rodulph Duke of Swethland Pope Hildebrand antichristanly Excommunicating his Soveraign the Emperour Henry the fourth and absolving his Subjects from their Allegiance to him profered the Empire to this Duke Rodulph who remembring his Oath of Allegiance sworn by him to this Emperor and how vile a part it would be for him to betray or supplant him he had sworn to obey and defend at first refused the Popes offer yet afterwards by the sophystry and perswasion of some Bishops he accepted and took upon him the Title of Emperour opposing his Liege Lord Henry in four several Battels fought between them for the Empire in the last whereof being vanquished he was sore wounded and lost his right hand When he was readie to die of his wounds one brought his right hand cut off in the Battel unto him which he beholding with much regret in detestation of his Perjury and Treachery through the Popes violence brake forth into these memorable words in the presence of many Bishops who had perswaded him to this rebellion Behold here the right hand wherewith I swore faith and allegiance to my Liege Lord the Emperor Henry this will be an argument of my breach of faith before God and of your Trayterous impulsion and advice thereunto Which having uttered he immediately expired of his wounds in a kinde of despairing manner as the just punishment of his Perjury and Treachery by his own confession magnumque mundo documentum datum est ut nemo contra Dominum suum censurgat Nam * abscissa Rudolphi dextera dignissimam perjurii vindictam demonstravit qui fidem Domino suo Regi juratam violare non timuit et tanquam alia vulnera non sufficerent ad mortem accessit etiam hujus membri poena ut per poenam agnosceretur et culpa as an c Historian of that age observes in the life of Henry the 4th Let those perjurious perfidious Army-Saints and other Grandees who have taken subscribed the precedent Oathes Protestation League Covenant with hands layd upon the Bible and lifted up to the most high God and yet have since taken subscribed with the self-same hands an Oath and Ingagement diametrically contrary thereunto to the destruction of our Kings Kingdoms Parliaments and their Privileges and are still stretching out their perjured hands against the lawfull Heir and Successor to the Crown remember this sad president of Rodulph with fear and trembling To which I shall annex another sadder and more tragicall Spectacle never to be forgotten d Vladislaus King of Hungary having made a Truce with Amurath the 2. the sixt King of the Turkes which he sealed and swore unto in the name of Christ by the command of Pope Eugenius and perswasions of his Legat Cardinal Julian and other Prelates who absolved him from this Oath he violated it in a most perfidious manner and soon after taking Amurath unprovided to fight gave him battle at Varna with a puissant Army and was likely to rout him upon the first encounter Upon which occasion Amurath being in extream fear and danger beholding the Crucifix in the displayed ensigns of the Christians pluckt the writing out of his bosome wherein the League was comprised and holding it in his hands with his eyes cast up to heaven used these words Behold thou crucified Christ This is the League thy Christians in thy Name have made with and sworn to me which yet they have without any cause on my part violated Now if thou be a God as they say thou art and as we dream Revenge the wrong now done unto thy Name and me and shew thy Power upon thy perjurious People who in their Deeds deny thee to be their God Upon the uttering of which words the Battel presently turned Huniades that valiant General and the Hungarians fled the whole Army was routed many thousands of them slain and taken Prisoners perjured King Vladislaus Cardinal Julian with most of the Prelates and Nobles who perswaded him to this breach of Faith slain in the field the greatest part of Hungary overrun gained and ever since possessed by the Turks Vdalislaus his head cut off in the Battel after was fixed on a poll carried through Grecia and Asia in triumph and shewed to the people as a monument of Gods justice on him for his perjury And will