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
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 sâ—ientem Deum movenâ—em Deum in contemptores vindicantem Vis ergò longè esse a perjurio Jurare noli Chrys. Hom. 12. in Mat. 5. Nisi juramentuÌ„ 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
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 â—hâ—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
have a tacit condition in it violated and dispensed within this case it being not simplie evil in its own nature to spare the Gibeonites upon their submission but onlie a prohibited evil by particular Precepts than his Name prophaned dishonoured Religious Oaths wittinglie infringed and perjurie committed by his own people against his moral Law Precept being sinful scandalous in their own nature and of dangerous consequence to all Posteritie if admitted approved to encourage them to commit perjurie and violate all lawfull Oaths Covenants in succeeding Ages to the scandal of Religion and prejudice of Mankind Wherefore this Oath League though against these judicial Precepts not only firmly bound the Princes who made them and all the Congregation in that Age but King Saul himself and all the Israelites in succession four hundred years after Of which we have another President of Joshuaes and the Israelites care to perform their Spies Oaths made to Rahab and sworn unto her by the Lord to save her her Parents Kindred and Family alive though Canaanites devoted by God to destruction Iosh. 2. 1 to 24. compared with c. 6. 21 22 23. Heb. 11. 31. But our Oaths Protestation League Covenant were all made not to or with Amorites or Canaanites particularly deuoted by God to the Sword Slaughter and utter extirpation without any Truce or League of Peace but to and with our own hereditary lawfull Christian Kings their Heirs Posterities and Successors whose Persons Lives Crowns Rights and Royal Authoritie we are all expresly obliged commanded by God himself to defend protect with our own lives fortunes estates to the uttermost of our Powers against all Attempts Treasons Conspiracies Traytors and Invasions whatsoever yea precisely prohibited to offer the least violence injury to their Persons Lives and Regal Authority in thought word or deed Prov. 24. 20 21. Eccles. 8. 2 c. 10. 10. 1 Sam. 24. 3 to 20. c. 26. 8 to 12. 2 Sam. 1. 12 c. c. 4. 10 11 2 Sam. 18 3 c 21 17 Estch 2. 21. 12. 23. c. 6. 2 Rom 13. 1 2. 3. 1 Pet. 2 12. 13 17. Tit. 3. 1 1 Tim 2. 2. 3. John 18 36. Therefore our Oaths League Covenant are much more obliging and conscienciouslie to be observed by us and our Posterities for ever than theirs to the Gibeonites as the only ready way to our peace and settlement 10ly This League of theirs to the Gibeonites was ratified only with one single Oath yet it bound both them and their Posterity but ours to our Kings their Heirs and Successors is ratified with seven successive Oaths Protestations Covenants here recited besides sundry others of like nature taken by our Ancestors in former Ages which I pretermit Therefore much more strong indissoluble obliging to us and our posterities than theirs If a threefold cord be not easily broken Eccles. 4. 12. much more then a sevenfold Oath successively renued should not easily or quicklie be broken but remain inviolable to all posteritie 11. The violation of this Oath League to the Gibeonites by Saul and the Israelites near 400 years after its first making when perchance quite forgotten by them or conceived to be unbinding to them as gotten by surprise as not made or taken by themselves personal to the Gibeonites and Israelites then living when first made or at least expired and grown quite out of date by so long a tract of time was reputed by God himself a great sinne perjury in them and exemplarie punished by God with three years famine on the whole Land though Saul and the Israelites then living never took this Oath nor made that League themselves but onlie their Ancestors so long time before their births Therefore our violations of the forecited Oaths Protestation League Covenant so freshlie made taken sworn subscribed with hands lifted up to Heaven successivelie one after another by whole Parliaments the generalitie of our Nation and not onlie by our deceased Ancestors but by our selves in person and so oft reiterated yet infringed by us time after time in the highest degree most needs be a more detestable damnable Perjurie crime in the eyes of God than theirs and draw a more long-lasting famine and other sorer judgements of God upon our particular Persons * Families Nation than that breach of their Oath and League with the Gibeonites brought down on them 12ly That Oath League continued in force to bind the Israelites both to observation and punishment when violated by King Saul and them after the whole frame of their Government was quite changed from a Principality or Common-wealth as most of our present Grandees would have it into a Kingship and Kingdom by the earnest unanimous desire consent of all the Elders of Israel the generality of the people and by Gods own approbation as is evident by the 1 Sam. c. 8 to c. 13. Josh. 9. 2 Sam. 21. compared together Therefore our Oath Protestation League Covanant forecited must by like reason consequence much more oblige our whole Nation in present and future to our Kings their Heirs and Successors notwithstanding all late violent forcible illegal Alterations Revolutions of our Governments and Governours against the Votes of both Houses of Parliament the desires of the generality of our three Nations since our Laws admit no Interregnum nor Disseisin of the Crown Kingship Kingdom as the Statutes of Praerogativa Regis 1 Iacobi ch. 1. Cooks 7 Rep. f. 10. and u other Lawbooks resolve And so our violations of them must be more perjurious sinfull and exemplarily punishable than theirs 13. This Oath League with the Gibeonites was violated by King Saul only out of zaeel to the Children of Israel Iudah who it seems solicited him thereunto for their own self-ends or advantage yet this was no sufficient excuse nor justification thereof in Gods esteem being punished with exemplarie justice on his posterity and a three years famine upon all the Land Therefore the violation of all our precedent Oaths Protestations Covenants by the Army-Officers confederate Members and their Adherents against the Votes of both Houses the dehortations of our Ministers and desires of our three whole Kingdoms must needs 〈◊〉 a far more detestable crime and be avenged with a more heavy punishment both on them and us than theirs was heretofore 14. This breach of Oath Covenant notwithstanding all circumstances which might extenuate it was most exemplary punished though not on Saul the chief Offendor during his life yet upon seven of his Sons and Family after his death in King Davids Reign 35 years after this Offence committed and upon the whole Nation by a three years famine though it was never infringed but only by one single Act in slaying some of the Gibeonites posterity and not re-violated by any other subsequent slaughter of them Therfore though many of the grand Infringers of the precedent Oaths Protestation Covenant may perchance scape scot-free for a time in their own persons and die without exemplary justice inflicted on them
for it yet let them from this memorable President conclude for certain that God will sooner or later avenge it upon their Children and Posterity to their utter extirpation and on the whole Nation too as he hath done in a great measure already it may be 35 years after the Perjuries Treasons committed in this kind especially when not committed only once but perpetrated and acted over sundry times by a continued uninterrupted succession of New Perjuries Treasons and Violations of them in the highest degree from day to day without fear or shame as Exod. 20. 5. c 34. 7. Gen. 3. 14 15. 1 Kings 2. 33. 2 Kings 5. 27. Jer. 22. 30. c. 36. 31. Isay 14 20 21. Mich. 2. 2 3 4 5. Jer. 6. 15 c. 8. 12. may assure all our late and present Delinquents in this kind and their Posterity which texts they may do well most seriously to peruse with bleeding and relenting hearts 15. This their violation of their League Oath to the Gibeonites was never openly justified pleaded written preached printed for nor carried on with solemn Fasts and Humiliations most * detestable unto God when thus abused nor yet solemnly abjured by new contrary Oaths or Engagements forcibly imposed on all the Israelites by Saul and his Counsel of State to extirpate the Gibeonites yet it was thus severely punished by God himself on Sauls posterity and the Israelites O then what soarer overflowing desolating Judgements may our perjurious Fidifragus Grandees Saints Nations most justlie fear and expect will undoubtedly befall themselves their posterities and our Kingdoms now almost ripened for destruction in wise mens apprehensions who have not only infringed all our Oaths Covenants Protestations to our lawfull Kings their Heirs Successors and Posteritie over over in the highest degree but most impudently justified pleaded preached written for the lawfulness thereof yea kept manie Hypocritical Atheistical Mock-Fasts and Humiliations to promote our most detestable Perjuries Treacheries Abominations and publicklie abjured all our former loyal Oaths Protestations Covenants by new Treasonable enforced Oaths and Engagements diametrically repugnant to them Certainlie if this breach of Oath by Saul in slaying the Gibeonites could not be expiated nor the 〈◊〉 years famine inflicted on the whole Land for it removed by all King Davids and the Israelttes Fasts Prayers Tears Sacrifices till this sin of theirs was particularly be wailed repented removed and full satisfaction made to the murdered Gibeonites by David and his people by delivering up seven of Sauls Sonnes and Posteritie to be hanged up before the Lord in Gibeah of Saul for this perjurie and bloodshed committed so long before by Saul their Ancestor the principal Malefactor We may justlie fear and conclude that all our prayers tears fasts humiliations will never expiate the manifold open violations of these our Oaths Protestations Leagues Covenants by the murders of our late King and manie thousands of our Protestant Brethren of all sorts for adhering to him his heirs and posteritie the violations of the rights privileges of Parliament beyond all Presidents of former Ages and securing secluding the whole Peers House and Majoritie of the Commons heretofore and now again and trampling our fundamental Laws Liberties Properties Remonstrances Declarations as well as Oaths quite under foot by new Arbitrarie Tyranical Acts Impositions proceedings of all kinds exceeding the worst of our former Kings unlesse all these perjuries treacheries breaches of Oaths Protestations Covenants in this kind be particularly and publickly confessed bewayled reformed repented if not expiated with the like Justice and Executions upon the persons or Sons of some of the most capital Delinquents in this kind to appease Gods wrath and preserve our whole three Kingdomes from utter ruin our perjuries and breaches of all Oaths Faith Trusts being now so generallie and universally infamous throughout the world that FIDES ANGLICA is become as proverbial AS c FIDES PUNICA SCOTICA or HYBERNICA in former Ages to our perpetual infamie Which if this Publication may redresse reform for the future I shall bless God for it and have some hopes of better times things then yet we can possibly expect whiles under the guilt breach of so many contradictory Oathes Protestations Leagues Covenants Ingagements By the antient Oath of Fealty and Allegiance which both the Subjects of England and Kings Bishops Nobles and Subjects of Scotland made to the Kings of England and their heirs as supreme Lords of Scotland in these words Ero fidelis legalis fidemque legalitatem servabo Henrico Edwardo Regi Angliae et Haeredibus suis de vita membris terreno honore contra omnes qui possa it vivere mori Et nunquam pro aliquo portabo arma nec ero in consilio vel auxilio contra eum vel Haeredes suos in aliquo casu qui possit contingere sed fideliter recognoscam et fideliter faciam servitia quae pertinent ad tenementum quod de eo tenere clamito Sic me Deus adjuvet omnes Sanctos ejus Which Oath 1 William King of Scots and all his Nobles swore to King Henry the 2. et Haeredibus suis sicut ligio Domino suo And 2 Iohn Balliol Iohn Comyn with all the Nobles of Scotland to King Edward 1. and his heirs Anno 1293 1294 1297. they all in express terms obliged themselves and their heirs to be true and faithfull Subjects to the King and his heirs Which though valid obligatories in it self to our Kings postertie yet some of our Kings in their life-times made both the Scots and English Subjects to take a new Oath of Fealty and allegiance to their heir apparent and his heirs saving the fealty homage and allegiance done to themselves Thus c William King of Scots with all his Nobles Barons and Knights of Scotland did Fealty and Homage to king Henry the 2. and to Henry his son and his heirs as to his Liege Lords salva fide Domini Regis patris sui Anno 1175. Yea before this Anno 1128. by the commad of king Henry the 1. the Archbishops Bishos Abbots David King of Scots with all the Earls and Barons of England swore homage and sealtie to Maud his daughter and heir ut filiae suae Imperatrici Fide servata regnum Angliae Haereditario jure post dies suos sibi et haeredibus suis legitime procreatis servarent nisi sobolem virilis sexus ipse Rex in posterum procrearet The persidious violation of which Oath by them after King Henries death in crowning Stephen brought * exemplary judgements on the wilfull violaters therof and a bloudy long-lasting civil warr within the bowels of the Realm between Maud her son Henry and the Usurper Stephen to the great oppression devastation desolation of the publique peoples as our Historians observe all the good they hoped for by disinheriting Maud and crowning Stephen upon their own terms against his own and their Oathes becomming void
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