Quia nullis claustris coercetur nullis metis refraenatur nullis finibus premitur it ought not to bee constrained or bridled with any bonds nor restrained to any place for a man though he may abjure his Country or his Kingdome yet he cannot abjure his Allegiance nay he cannot alien give a way or withdraw his allegiance from his King by the Law of nature to his Kings prejudice though he should gaine his liberty freedome of estate and honour or advancement unto the bargaine for St. Augustine saith nemo jure naturae cum alterius detrimento locupletior fieri debet no man by the Law of nature ought to be made richer by the losse of another but if I withdraw mine allegiance the King hath lost a subject therefore I may not doe it neither can the King release it to any of his subjects it being an inseparable accident adherent in the person of a King and is due omni soli semper to every King under heaven from his owne naturall subjects It is due to every King and alwaies to Kings and only to Kings by the Law of nature And it is only due to his person and not to his office which is only imaginary and invisible and no where formally to be found but in his person as by the said case of Calvin more fully appeares Hereupon I conclude that allegiance being due by the Law of nature to the Kings person and that I neither can abjure it nor alien it or withdraw it from him nor he release it to me and that it is only due to him and to no other I cannot take this oath and keep it without violation of the Law of nature and manifest injury both to my selfe and Sovereigne King Quia jura natura sunt immutabilia the Lawes of nature are immutable as before is observed and is plainly held forth by Bracton L. 1. cap. 6. Docter Stud. cap. 5. 6. And so from this point of the Law of nature I come to shew that this Negative Oath is absolutely against the knowne setled and established Laws of the Land the reason is because if I take it keep it it withholds me from the performance of my duty of allegiance which is due to my King from me by the Law of the land and so I am informed by the books of Law this tearm or word allegiance is rendred unto us under divers names in our Law bookes as sometimes it is called fides or faith as Bracton l. 5. Tract. de exceptionibus cap. 24. fol. 427. And so Fleta l. 6. cap. 47. Alienigena repelli debet in Anglia ab agendo donec fuerint ad fidem Regis Angliae Aliens ought to be kept from acting in England till they shall be of the allegiance of the King that is by endenization so Glanvil l. 9. cap. 1. Salva side debita domino Regi heredibus suis That is saving our faith or allegiance due to the King and his heires so Littleton l. 2. in chap. Homage where I doe my homage to my Lord Salve le foy du a nostre senior le Roy saving the faith which I owe to our Lord the King and in the Statute of 25. E. 3. De natis ultra mare these words faith and allegiance are coupled together as signifying one thing sometimes it is called obedientia Regis our obedience to the King as in the bookes of 9. E. 4. 6. 7. 2 R. 3. 2. And in the Statutes of H. 8. 14. cap. 2. and 22. H. 8. 8. and in the booke of 22. Ass pl. 25. it is called ligealty but by what name soever it bee called whether faith obedience ligealty or allegiance all is one it is due still from us subjects to our sovereigne Lord the King by the Statute of 10 R. 2. cap. 5. and 11. R 2. cap. 1. 14. H. 8 cap. 2. and many other the people are called liege people and by the Statute of 34. H. 8. cap. 1 and 35. H. 8 cap. 3. and divers other the King is stiled liege Lord of his subjects and these that are bound under the Kings power are called his naturall leige-men as in the 4. H. 3. Fitz. title Dower and 11. E. 3. cap. 2. So that I may conclude upon these authorities that Ligeantia est vinculum fidei dominâ— Regi our allegiance is the bond of our faith to the King which being so wee may well say of it as Sir Edward Cooke doth that ligeantia est legis essentia our allegiance is the essence of the Law and so it hath been often and sundry times declared by many sundry wise temperate and well advised Parliaments of England The government of Kings in this Isle of Britain hath been very ancient even as ancient as History it self for those who deny the story of Brutus to be true doe finde out a more ancient plantation here under Kings namely under Samothes grandchilde to Japhet the son of Noah from whom the ancient Britaines that inhabited this Land are according to their conceits descended Kings or Monarchs of great Britaine had and did exercise far more large and ample power and did claime greater Prerogatives over the people under their government and jurisdiction then the Kings of England have done since the Norman conquest as it is to be seen at large both in the Brittish Chronicles and records of these times and in our English histories and may also be gathered out of the writings of the Romans who invaded this Island and lived here upon the place and I doe not finde that ever the people of Brittaine made any of their Kings by election of voices or put them out at pleasure but that the Kingly government and right of the Crowne descended alwayes by hereditary descent and succession though in that infancy of Law and right it may be suspected that there was not so much regularity of justice or observation of right as in these latter more refined ages hath or ought to be I may boldly affirm and it cannot be denyed by any â—â—at hath read all the Chronicles and Statutes of this Realme that there hath beene any King of England since the conquest that hath not beene acknowledged by both houses of Parliament of their severall times to be soveraigne Lords of this Realme and their soveraigne Lords too although that some of those Kings were onely Reges de facto and not de jure Kings onely in fact and not of right and such as by the Lawes of England had no right to the Crowne and all the Parliaments since the conquest have acknowledged that the Crowne of England and the government of the Realme hath belonged to the Kings of hereditary right and not by election some of these Parliaments in more expresse and perticular manner then the rest and they of later times more amply then the ancient By the statute called Dictum de Kenilworth made 51. H. 3. King Hen. 3. is acknowledged to be
Lord of the Realme in the statutes made at Gloucester in the sixth yeare of the raigne of King E. 1. King Edw. 1 is acknowledged by the Parliament to bee their soveraigne Lord and so was King Edw. 2. King Edw. 3. King Rich. 2. and all the Kings since by all Parliaments held in their severall raignes as to the studious Reader of the Acts of Parliament made in their severall times will appeare by a Parliament held at Westminster Anno 7. Edw. 1. It is acknowledged to belong to the King through his royall signiory streightly to defend force of armour and all other force against the peace of the kingdome at all times when it shall please him and to punish them which shall do contrary according to the lawes and usages of this Realme and that thereunto they were bound to ayde him as their soveraigne Lord at all seasons when need should be In the raigne of King Edw. 2. The two Spencers Hugh the father and Hugh the sonne to cover the treason hatched in their hearts invented this damnable and damned opinion as it iâ— stiled in Calvines case That homage and oath of legeance was more by reason of the Kings Crowne that is his politique capacity then by reason of the person of the King upon which opinion they inforced execrable and detestable consequeâ—â—s First that if the King do not demeane himselfe by reason in the right of his Crowne the Peers are boundly oath to remove the King Secondly seeing the King could not be removed by suit of law that ought to be done by Aspertee which is as much as to say by force and war Thirdly that his Lieges were bound to governe in ayde of him and in default of him All which opinions were condemned by two Parliaments one held in the raigne of King Edward the second the other in the first yeare of King Edward the third cap. 1. as by the old printed statutes appeares by the statutes of 25. Edw. 3. cap. 2 It is ordained that if a man shall compasse or imagine the death of our soveraigne Lord the King or of my Lady his Queene or of his eldest sonne or if any man levy warre against the King in his Realme or bee adhered to the Kings enemies giving to them ayde or comfort in the Realme or elsewhere c. It shall be judged Treason It is reported to us by Sir Edward Coke in the fourth part of his Institut called The jurisdiction of Courts pag. 52. That Rotâ—lâ— Parliament Anno 17. Edw. 3. num 23. It was then agreed in Parliament that the statute made 15. Edw. 3. should be repealed and lose the name of a statute as contrary to the Lawes and prerogative of the King It appeares Rot. Parlia. 42. num 7. called Lex â—â— consuetudo Parliamenti cited by Sir Edward Coke in the fourth part of his Institutes pag. 13. 14. That the Lords and Commons in full Parliament did declare that they could not assent to any thing in Parliament that tended to the disherison of the King and his Crowne whereunto they were sworne By the statute of 16. Rich. 2. cap. 5. King Richard the second is by the Parliament called their Redoubted soveraigne Lord and the people his liege people and by Parliament in the body of that Act It is acknowledged that the Crowne of England hath beene so free at all times that it hath been in subjection to no Realme but immediately subject to God and to none other in all things touching the regallâ—ty of the same Crownel notwithstanding that afterwards warres was lovyed against him by his subjects and he was against all Law and right deposed or enforced to make a surrender of his Crowne or at least they pretended he did so though some Hystorians doubt whether he ever consented to it being murthered to make way for King Hen. 4. who had very small pretents to the Crowne as men learned in the lawes of this Realme have in all time since held which kind of disposing of the Kings person I hope and beleeve is not meant by them and which horrid act though it gave some present security to some particuler persons that were then active in his destruction yet it cost this kingdome in generall very deare in the expence of blood and treasure in the succeeding times by bloody civill warres wherein the decay of men by those warrs was so great that many judicious Historians are of opinion that the number of men lost in those warres was not recruited or made up by a following progeny till the beginning of King James his raigne and it is to be feared that this blood is not expiated and dryed up in this land The gates of Janus Temple being opened both without the kingdome and within for the space of an hundred yeares and upwards till by Gods great goodnesse there came to be an union of the rights of the two houses of York and Lancaster to the Crowne of England in King Hen. 7. and Queene Elizabeth his wife though that till neare the middle of his raigne the sword was not altogether sheathed but there were some counterfeit pretenders to the Crowne which stirred the unconstant multitude to sundry rebellions which after some time of rest from those civill broyles The King Lords and Commons in Parliament upon full experience and consideration of the troubles past for the prevention of the like in future times thought fit to revive the ancient lawes of the Realme and to declare that by act of Parliament which was and had beene a fundamentall law of the Land and was before part of the common law thereof to enact and declare in the eleventh yeare of the said Kings reigne in the first chapter of the statutes made in Parliament in the said yeare in these words Anno Vndecimo Henrici septimi The King our sovereigne Lord calling to his remembrance the duty of allegiance of his subjects of this Realme and that they by reason of the same are bound to serve their prince and sovereigne Lord for the time being in his warres for the defence of him and the land against every rebellion power and might raised against him and with him to enter and abide in service in battaile if case so require and that for the same service what fortune ever fall by chance in the same battaile against the minde and will of the Prince as in this land sometimes passed hath been seene that it is not reasonable but against all lawes reason and a good conscience that the said subjects going with their sovereigne Lord in Warres attending upon him in his person or being in other places by his commandement within this Land or without any thing should lese or forfeit for doing their true duty and service of allegiance It is therefore ordeyned enacted and established by the King our sovereigne Lord by the advice and assent of the Lords Spirituall and Temporall and Commons in this present Parliament assembled and by authority of
the Lord shall have them in derision he shall bruise them with a Rod of Iron and breake them in peeces like a Potters Vessell Be wise now therefore O yee Princes be learned O yee that are Judges of the Earth What though many Oxâ—n are come about the King and fat Bulls of Rasan have closed him in on every side that gape upon him with their mouthes as if they were ramping and roaring Lions was not this good King Davids case Psal. 22. 12. was not he hunted after by Saul to destroy his life as a man hunteth after a Partridge in the Mountaines 1 Sam. 26. 20. did not his enemies lie waiting in his way on every side turning their eyes downe to the ground Like as a Lion that is greedy of his prey and as it were a Lions Whelpe lucking in secret places Psal. 17. 11. 12. They spake against him with false tongues compassed him about with words of hatred fought against him without a cause Psal. 109. 3. And Davids enemies kept him Prisoner too as out King is for they compassed him about Psal. 140. 9. Nay he complaines more heavily they that hate me without a cause are more then the haires of mine head they that are mine enemies and would destroy me guiltlesse are mighty Psal. 69. 4. Yet what of all this Are not there many promises held forth in the holy Scriptures to us that may assure a man of the smallest faith that the King shall be reestablished in his Throne and his enemies confounded for David assures us there is verily a reward for the righteous Doubtlesse there is a God in Heaven that judgeth in the earth Psal. 58. 11. and Psal. 9. The Lord is knowne by executing judgement the wicked shall be shared in the works of their owne hands for the poore shall not be alwaies forgotten the hope of the afflicted shall not perish for ever and to prove this he affirmes by way of evidence Psa. 27. 2. When the wicked even mine enemies and my foes came upon me to eate up my flesh they stumbled and fell and Psal. 30. He shewes his deliverance by his thanksgiving in these words I will magnifie thee O Lord for thou hast set me up and not made my foes to triumph over me thou hast turned my heavinesse into joy thou hast put off my sackcloth and giâ—ded me with gladnesse How then can I dispaire of our Kings deliverance and victory I hope I may without offence say that I beleeve our King is a parallell to David in his vertues and the justice of his Cause and therefore shall with David Psal. 21. conclude this point The King shall rejoyce in thy strength O Lord exceeding glad shall he be of thy salvation thou shalt give him his hearts desire and wilt not deny him the request of his lips and why Because the King putteth his trust in the Lord and in the mercy of the most highest he shall not miscarry And for the latter part of your Argument which is that either the King will signe the Propositions and so mine estate will be confiscated or if he doe not the Parliament will doe it by their Ordinances without him I answer that I feare not his Majesties consent to give away the estates of his Loyall Subjects but if he be a Prisoner as you signifie unto me by your letters that he is I feare not much that his assent to the Propositions can take away mine estate neither doe I hold it a peece of wisdome to presse his consent perdures to such Propositions for you that are learned in the Lawes know that such consent is not any way binding at all amongst common persons a fortiori in the Kings cause And for their disposing of mine estate by Ordinance without the Kings consent I must deale plainely with you it terrifieth me not at all for I am cleerely of opinion that no Ordinance without the Kings consent is binding to the people or can alter any property that I have in mine estate by the Fundamentall Lawes of the Land And if the King should consent to such an Ordinance it were onely binding till the first Sessions of the next Parliament and then to dye of it selfe if not againe revived which if I thought you doubted of I would take the paines to cleare it by citing you authorities sufficient in the point whereupon I doubt not but you wil infer that there can be no good assurance or sale made of the Bishops lands by Ordinance without the Kings Royall and personall assent nor that both or either House of Parliament can dispose of his Royall person by any Law of the Land and I hope God will never permit them to dispose of him otherwise then to re-establish him in his Throne againe and invest him with all his Royall powers and interests which by the knowne Lawes of the Land are due unto him and to make him a glorious King according to their severall Declarations Protestations oaths of Supremacie and Allegiance and according to their solemne League and Covenant all which Protestations Oaths and Covenants every Member of both Houses either by the Lawes or by their owne Orders hath or ought to take Now as concerning the Covenant if I understand it aright the principall ends of it are the setling of Presbyterian government in the Church the extirpation of Episcopacy the right and priviledges of Parliament the preservation of the Kings Majesties person and authority which is qualified with a clause of equivocation viz. in the maintenance of the true Religion and liberties of the Kingdome to bring Incendiaries and malignants or evill instruments to condigne punishment and lastly to assist and defend all those that joyn in that League and Covenant to the ends and purposes aforesaid These being the ends of the Covenant it is expedient that I should consider whether it be lawfull to take any Covenant tending to these ends for I will not dispute the legality or illegality of taking of Covenants in generall but whether without my King and his confirmation I may make any Covenant at all with any sort of people in this Land especially to abrogate any knowne and established Law of the Land Now to pull downe that government of Episcopacy which is established by divers acts of Parliament in this Kingdome to set up Presbyterian by force of Armes which is inconsistent with the Laws and Statutes of this Realme and without the Kings consent who by his office of divine appointment is the nursing father of the Church as Isaiah 49. 22. and by the Statutes of this Land acknowledged to be supreame Moderator and governour of the Church and Kingdome as hereafter is more at large declared I very much doubt and scruple whether I may doe it and the rather for this cause for feare lest joyning in an unlawfull Covenant haply I be found to fight against God as it was said in the case of the Apostles Act. 5. 30. for if I enter into
domino ex homagio tantum debet illi dominus ex domino praeter solam ex reverentiam the knot of faith ought to be mutuall between the Lord his subject or tenant for look how much subjection or obedience the tenant or subject owes to his Lord so much doth the Lord owe to his tenant by way of protection reverence excepted which knot Aristotle in his first book of Politicks proves to be the duty of nature for saith he To command and obey is of nature for whatsoever is necessary and profitable for the preservation of the society of man is due by the Law of nature Now Tully lib. 3. de legibus tells us that sine imperio nec domus ulla nec civitas nec gens nec hominum universum genus stare nec ipse denique mundus potest which is That without command or government neither any house nor City nor Nation nor mankinde nor to conclude the world cannot stand but peradventure that will be confessed and yet it will be denied that the world cannot stand without Monarchy and objected that Monarchy is not that government that ought to be by the Law of nature to which I answer with Aristotle in his first booke of Ethicks That Jus naturale est quod apud omnes homines eandem habet potentiam That is the Law of nature which with all men hath the same power Now as Aristotle in his first booke of his Politicks Cap. 3. and Plato in his third book of Laws jump in this opinion that in the first beginning of time the chiefest person in every house was alwaies as it were a King so when numbers of housholds joyned themselves together in civill societies Kings were the first kinde of governours among them which is also as it seemeth the reason why Kings have alwayes been and are to this day called patres patriae or fathers of their Country and it is not unknowne to any man learned in Antiquity History or Chronologie that it was 3198 years after the creation before any Law was written or given in the world according to the computation of Ioseph Scaliger by the Julian account The Law being given in that year and delivered by God unto Moses on Mount Sinai and whether the old world before the floud were governed by Kings it is disputable but sure I am that Nimrod the sonne of Câ—sh the son of Cham the sonne of Noah was a King for I finde Gen. 10. 10. that the beginning of his Kingdome was Babel and Erech and Accad and Calneh in the Land of Shinar and according to the computation aforesaid began his reigne in the 2479 yeare of the world which was 720 yeares before the Law was given and 149 yeares after the floud in all which time it is more then probable that all the Nations of the world except the Jewes were governed by Monarchies or Kings and long after the Law was given to the Jewes which is proved unto us by that demand of the Jews made unto Samuel 1 Sam. 8. 5. And they said unto him behold thou art old and thy sons walke not in thy wayes make us now a King to judge us like all Nations And we see it yet continued to this day among all the Gentiles heathens upon the earth by which sort of people above twenty parts of thirty of the knowne world are now inhabited That the only government of each severall Nation among them is Monarchy and much more subjection and allegiance performed by the heathen subjects to their Gentile Kings then is amongst us towards ours which is a full argument to mee that Monarchy is not only a divine ordinance or institution of God Almighty from the beginning and a branch of the Law of nature but also the best of governments too because those Gentile Nations which guide their actions only by the Law of nature imbrace this forme of government and none other making good that maxime of their heathen Philosopher afore remembred Jus naturale est quod apud omnes homines eandem habet potentia which induces me to affect the opinion the more because I see the Gentiles ever submitted to Monarchy call regiment for with Monarchy I say non potest error contingere ubi omnes idem opinantur And with Telesâ— non licet naturale universaleque hominum judicium falsum vanumque existimare an error of judgement cannot be where all men are of the same opinion and we ought not to esteeme the universall judgement of naturall men to be false and vaine But I will dwell no longer upon the fringe of this particular but make this point evident by the Laws of this Kingdome which are a part of natures Law That this Oath is against the Law of nature and for that Cause only that if I take it I am thereby withheld from the execution of mine allegiance whereby I make violation of natures Law To make this cleare and evident it appeares unto us by Calvins Cas recorded in the seventh part of Sir Edwards Câ—â—ks Reports that there are in our Law foure kinds of allegiance the first 〈…〉 all which is due from every subject boâ—â—e within his Majesties dominions to his Majesty as to his Sovereigne Lord and King The second is ligeantia legalis or legall Allegiance which is due by every subject to the King by reason of his suit Royall and this is not naturall but created by King Arthur for expulsion of the Sarazens and continued after by others for the Danes exile and is proper for the suppressing of insurrections and expelling invaders The third is Ligeantia acquisitia or purchased allegiance which comes by indenization The fourth and last is locall allegiance and that is due from strangers friends to Kings whilst they are in their dominions I meddle not with the two last and omit for brevity sake and because I shall not need to draw any argument from it to helpe my selfe withall to speake any thing of legall allegiance But for naturall allegiance it is absolute pure and indefinite that such an allegiance there is as naturall if you read the indictment of the Lord Dacres 26. H. 8. you shall finde it runne thus Quod praedictus Dominus Dacre debitum fidei ligeantiae suae quod prefato Domini Regi naturaliter de jure impendere debuit minime c. which in English is thus That the aforesaid Lord Dacre not regarding the duty of his faith and Allegiance which he did naturally and of right owe to and ought to pay to King Henry the 8. c. And Cardinall Poole 30. H. 8. being likewise indicted of Treason Contra dominum Regem supremum naturalem Dominum suum that is against the King his naturall and supreame Lord which indictments prove a naturall Allegiance to be not only due but of right due from every subject to his sovereigne King and as this allegiances is naturall so is it absolute so is it pure and indefinite
the bottome of our hearts yield to the divine Majesty all humble thankes and praise not onely for the said unspeakable and inestimable benefits and blessings above mentioned but also that he hath further inriched your highnesse with a most royall progeny of most rare and excellent gifts and forwardnesse and in his goodnesse is like to increase the happy number of them And in most humble and lowly manner doe beseech your most excellent Majesty that as a memoriall to all posterities amongst the Records of your high Court of Parliament for ever to endure of our loyall obedience and hearty and humble affection It may be published and declared in this high Court of Parliament and enacted by authority of the same That we being bounden thereunto both by the lawes of God and man doe Recognise and acknowledge and thereby expresse our unspeakable joyes That immediatly upon the dissolution and decease of Elizabeth late Queene of England the imperiall Crowne of this Realme of England and of all the Kingdomes dominions and rights belonging to the same did by inherent birth-right and lawfull and undoubted succession descend and come to your most excellent Majesty as being lyneally justly and lawfully next and sole Heyre of the blood-royall of this Realme as is aforesaid and that by the goodnesse of God Almighty and lawfull right of descent under one imperial Crown your Majesty is of the Realmes and Kingdomes of England Scotland France and Ireland the most potent and mighty King and by Gods goodnesse more able to protect and governe us your loving subjects in all peace and plenty then any of your noble progenitors and thereunto we most humbly and faithfully doe submit and oblige our selves our heyres and posterities for ever untill the last drop of our bloods be spent And doe beseech your Majesty to accept the same as the first fruits in this high Court of Parliament of our loyalty and faith to your Majesty and your royall progeny and posterity for ever which if your Majesty shall be pleased as an argument of your gracious acceptation to adorne with your Majesties royall assent without which it can neither be compleat and perfect nor remaine to all posterity according to our most humble desires as a memoriall of your princely and tender affection towards us we shall adde this also to the rest of your Majesties unspeakable and inestimable benefits And by the statute of 3. Jaco cap. 4. by which statute the oath of allegiance is injoyned It is declared that if any person shall put in practice to absolve perswade or withdraw any of his Majesties subjects from their obedience to his Majesty his heires or successors or to move them or any of them to promise obedience to any other Prince State or Potentate that then every such person their procurers counsellers ayders and maintainers shall be adjudged Traytors And doe not the Parliament both in the first and third yeare of this King acknowledge King Charles nay even in the petition of Right and in every Parliament since to be their sovereigne Lord Can it then be doubted upon due consideration had of the fore-mentioned Acts of Parliament and the severall declarations made by the Parliaments of all ages that the right of the Crowne is an hereditary right and that King Charles is our lawfull Sovereigne Lord and supreame governour of the Realmes or that allegiance is not due to him from all states of this kingdome and from every one of his subjects within the same Surely no if you thinke that there can be any I desire you will please to returne me the legall reasous of your opinion therein upon consideration had of these Statutes and why the power of both Houses of Parliament is above the Kings neither are the prerogatives afore cited due to him by the acknowledgment recogniscions and declarations of Parliament onely but these are due unto him by the common fundamentall and municipall Lawes of this Realme according to the testimony of the learned Writers of the Law in all ages and by the continuall language and judgements of the Sages of the law in all preceding Kings Reignes since we have had Bookes and reports of the law published For first it appeares by the ancient Treatise called Modus tenendâ— Parliamentum which is a part of the Common law of the Land and as Sir Edward Coke 4. part of his Institutes page 12. observes was made before the Conquest and rehearsed unto King William at his Conquest who approved of the same and according to the forme of it held a Parliament as ti is reported to us in the yeare booke of 21. Ed. 3. fol. 60 that the King is Caput principium finis Parliamenti The King is the head the beginning and the end of the Parliament and by the booke of 21. Hen. 7 fol. 20. it is held that it is no statute if the King assent not to it and that the King may disassent and by Andrew Hornes Booke called the Mirrour of Justices which was written in the time of King Edward the second it is said that they are guilty of perjury that incroach any jurisdictions belonging to the King or â—alsifie their faith due to him Bracton who wrote in the time of King Henry the third a learned Author of the Lawes of England lib. 4. cap. 24 sect. 1. hath these words Rex habet potestatem jurisdictionem super â—mnes qui in Regnosuo sunt ea que sunt jurisdictionis pacis ad nullum pertinent nisi ad Regiam dignitatem habet etiam coertionâ—m â—t delinquentes puniat coerceat The King saith he hath power and jurisdiction over all men which are in his kingdom those things which are either of jurisdiction or peace belong to none but to the Kingly dignity he hath like wise a constraining power to punish delinquents and lib. 3. cap 7. he saith that Treasons felonies and other pleas of the Crowne are propriae causae Regis are causes belonging to the Kings punishment onely and in his fift Sect. of the same fourth booke saith thus Omnis sub Rege ipse sub nullo nisitantum Deo non est inferior sibi subjectis non parem habet in regno in English thus Every man is under the King and he under none but God alone he is not inferiour to his subjects he hath no peere in his Realme And in his fift booke in his third Treatise of default cap. 3. he saith thus Rex non habet Superiorem nisi Deum satis habet ad penam quod expectat Deum ultorem The King hath no Superiour but God alone and it is sufficient punishment for him because he must expect God to bee the revenger if he doe commit wrong It is said in Plowdens Commentaries fol. 234. That the King hath the sole government of his Subjects and fol. 213. as also in Calvins case That allegiance is due to the naturall body of the King and fol. 242. it is
said That the naturall body of the King and his politique make but one body for as long as the naturall body lives the politique is inherent being meerely imaginary and invisible as it is said in Calvins case whereupon I inferre that the Kings politique capacity his body being absent is not in the Parliament And in 10. Eliz. Plowdens 316. it 's affirmed That the law makes not the servant greater then the Master nor the subject greater then the King for that were to subject order and measure since therfore the King hath so undoubted a right to the Crowne and is my lawfull Sovereigne and mine allegiance is due unto the Kings person by the Law of the Land Recognized and acknowledged in so many severall Parliaments in all ages and confirmed by so many undeniable authorities in Law reported in our Books and since it stands proved that mine Allegiance is due unto his naturall person both by the Law of God nature and the law of the Land and can neither be abjured released or renounced being inseparable from the person of the King and indispensably due from me to him I conclude that the Oath which binds me if I take it and keep it to withdraw mine Allegiance from my Leige Lord the King is against the law of the Land and in taking it I not only make an absolute breach upon the law of the Land but also in my judgement I doe thereby incurre the crime of perjury by the law in falsifying my faith and Allegiance to his Majesty King Charles Gods anointed and crowned my naturall liege Lord sovereigne and my lawfull King both by descent Coronation investure and undoubted right which is not onely due to him by the Law of the Land from every of his subjects but every one of them is to take this following Oath for performance of it Viz. You shall sweare that from this day forwards you shall be true and faithfull to our Sovereigne Lord King Charles and his heyres and faith and truth shall beare to him of life and member and terrene honour and you shall neither know nor heare of any ill or dammage intended unto him that you shall not defend so helpe me Almighty God Which forme of Oath every Subject by the Common Law is bound to take as appeares by Britton 5. Edw. 1. cap. 24. And by Andrew Horne in the Mirrour of Justices pag. 226. and in Calvins case as by perusall of their Bookes will appeare and by diverse others which for brevities sake I omit And now Sir I desire to know your opinion likewise whether that by the Common Law both houses of Parliament are in power above the King or where their legall power to dispose of his Majesties person other then to his honour and good according to their duty Oathes Protestations Covenants and Declarations and obedience is to be found I come now to prove that this Oath is against the Law of reason the Law of reason saith Doctor and Student cap. 2. is written in the hearts of every man teaching him what is to be done and what is to be fled And because it is written in the heart therefore it may not be put away nor is it ever changable by any diversity of place or time and therefore against this Law prescription statutes or customes may not prevaile and if any be brought in against it they be no prescriptions statutes nor customes but things done against justice and voyd and in this it differeth from the Law of God for that the Law of God is given by Revelation from God Almighty and this Law is given by a naturall light of understanding and is given principally to direct our actions by for the obtaining of felicity in this life so us we guide them onely by the rule of Justice This Law instractâ—th us saith the same Author that good is to be done and evill is to be avoided that thou shouldest doâ— to another that which thou wouldest another should doe to thee That justice is to be done to every man and not wrong that a trespasse is to be punished such like Is it so then that the law of reason directs me that good is to be done and evill is to be avoyded I then conclude that this oath is against this Law for if I by this Oath shall withdraw mine Allegiance and subjection to my King from him I lose the benefit or good I should have by his protection for the rule in Law is Quod Subjectio trahit protectionem quia Rex ad tutelam Legis corporum bonorum erectus est as Fortescue lib. de laudibus legum Angliae c. 13. Obedience of the Subject drawes protectioÌ„ from the King the King being ordained for the defence of the Law the bodies goods of his Subjects The holy Scriptures informe me that I must obey my King for conscience sake and this Law teacheth me I must avoid evill but it is evill for me to obey men in taking this Negative Oath which enjoynes me not to obey my King rather then God who enjoynes that duty of obedience therefore I conclude that this Oath is against the Law of reason This Law teacheth me to doe as I would men should doe unto me but if I were a King I would not be dispoyled of the duty and service of my Subjects therefore this Oath enjoynes me to a thing against the Law of reason It is injustice and wrong to take away the Kings right by this Law but this Oath bindes me to take away his right and doe him wrong therefore in this particular also this Oath is against the Law of reason And lastly this Law of reason teacheth me a Trespasser is to be punished it teacheth me also to understand that to take this Oath is to trespasse upon my Kings interest in me as I am his Subject to trespasse upon his Lawes as I am de jure under his government and to trespasse upon his patience and goodnesse if he doe not hereafter punish me for it Therefore I conclude this Oath is against the Law of reason The Law of reason generally taken is a directive Rule unto goodnesse of operation saith Hooker so that by this Law wee ought to direct all our actions to a a good end but by taking this Oath I direct not my actions to a good end therefore I am not to take this Oath by this Law the Law of reason saith Sophocles is such that being proposed no man can reject it as unjust and unreasonable but the King may reject this manner of imposing of Oathes upon his Subjects whereby he isdeprived of their aid and assistance without his assent And the Subjects may reject this Oath as unreasonable and unjust because if they take it they are thereby bound either to breake their Oath which is a grievous sin or to lose the benefit of protection which by the Lawes they may claime and ought to have from their naturall lawfull and sovereigne Liege
Lawfull taking and no depredation when any man that hath served both Houses of Parliament in this late war hath plundered or taken any mans goods or estate from him that they did but imagine bare good affection to the King and give their judgements that it is lawfull to seize sequester nay to â—ell away mens estates that have served the King before they have legally convicted them of any offence O horrible perverting of judgement and justice if this be true I pray you sir may it not be saied of these men as the Prophet Amos 3. 10. saith They know not to doe right saith the Lord who store up violence and robbery in their Pallaces that turne judgement into Wormewood and leaâ—â— of righteousnesse in the earth Amos 5 7. and are not they such as Solomon speakes of Prov 4. 16. That they sleepe not except they have done mischiefe and their sleepe is takâ—n away unâ—â—sse they cause some to fall for they eat the bread of wickednesse and drinke the wine of violence or as David saith Ps. 58. 2. that weigh the violence of their hands in the earth But Sin I speake not this with referrence to you for I know you to be a man of learning and I heare that you are a man of moderation and I desire you since that you have taken that imployment upoâ— you to continue so Remember your Oath that thereby you are to dispence justice indifferently to the Kings people according to the knowne and established Lawes of the Land not by arbitrement oâ— fancy consider the infirmity of your Commission upon what hath been said before set before your eyes the mortallity of the 44 Judges remooved and put to death by King â—â—sâ—â—â—â— for violence injustice and câ—rrâ—pâ—â—â—â— acâ—â—d upon the people of this Land â—â— his â—â—me of whose offences and â—aâ—aâ—â—â—â—â—s you may read in Hâ—â—e his mirrour of Justices behold and weigh the punishment and dâ—â—â—â—ny of Sir Thomas Weyland Sir Râ—â—ph Hengâ—aâ— Sir Iohn Lâ—â—â—â—oâ— Sir William Bâ—â—mptâ—â— Sir Solomon Râ—câ—â—ster Sir â—icâ—aâ—â— Bâ—â—â—â—nd and their fellowes â—â—flected upon them for their injustice by King Edw. the 〈…〉 Consider the instability of all â—umane estates thinke not that you are in a sure and unqueâ—â—ioâ—able 〈…〉 but remember that Iob tells you Iob 1â— 18. That the Lord looâ—â—â—â— the bonds of Kingâ— and guirdeth their loynes wiâ—â— a gâ—â—dâ—e and I prov you take the counsell of the wâ—semâ—â— P. o. â—7 1. Boast not thy â—â—â—fe â—â— to morrow for thou knowest not what a day may â—â—ng â—oâ—th he â—â—k â— to St. Iames Jâ— 4 13 Goâ— to now yâ—e that say to day or to morrow wee will gâ—e into such a City and continue there a yeare and buy and sell and get gaâ—e whereas yâ—â— know not when shall be on the morrow for what is â—â—â—â— life it is even a valour that appeares for a little time and then vâ—â—â—sh â—â—â—way doâ— justâ—â—â— therefore and executeâ— gâ—â—â— us judgements rejoyce not in your 〈…〉 for all such 〈…〉 young iâ—â—vâ—ll and remember with the same Apostle that to him that knoweth â—â—â—â—â— good and doth it not to him it is sin I know you are learned in the Lâ—wâ—â— and a great Student in the holy Scriptures I therefore summe up all with these exhortations but of Gods holy Writ not only to you but to all the Judges of the â— no beginning it with the charge given by Moses to the Judges of Israel Heare the causes between your brethren and judge righteously between every man and his brother and the stranger that is with him yee shall not respect persons in judgement but you shall heare the small as well as the great you shall not be afraid of the face of man for the judgement is Gods Deut. 1. 16. 17 and with the good King Iehosaphat to his Judges 2 Cron 19 6. Take â—eed what you do for yee Judge not for maâ— out for the Lord who is with you in the judgement take likewise the Prophets instruction Esâ—y 1. 17. Learne to do well seek judgement relieve the oppressed judge the fatherlesse plead for the widdow and if these serve noâ— to perswade you heare Gods owne words Levit. 19. 15. you shall not do unrighteousnesse in judgement thou shalt not respect the person of the poore nor honour the person of the mighty But in righteousnes shall thou judge thy neighbour and â—xâ—d 23 6 thou shall not wrest the judgement of the poore in his cause nay more follow our blessed Saviours Precept Joâ—. 24. Judge not according to the appearance but judge righteous judgement that is according to your Oathes and the knowne and established Lawes of the Land if yee do otherwise you have our Saviours promise that you shall â—e are of it Mat. 7. 2. For with what judgement ye judge yee shall be judged and with what measure yee mâ—aâ—e it shall be measured to you againe The adversaries of the Lord shall be broken to pieces out of heaven shall â—e thunder upon them the Lord shall judge the ends of the earth and shall give strength uâ—to the King and exaâ—t the hoâ—â—â—â— of his Anointed for God himselfe is Judge Psal. 50 6. and he shall judge the world in righteousnesse Psal. 9. 8. to whose protection I commit you and to whom with our blessed Saviour Jesus Christ and the blessed Spirit be all honour and glory world without end Amen FINIS Negative Oath against the Lawe of God Negative Oath against the Law of nature Negative Oath is against the Law of England