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

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people throughout the Realm and by all or most Officers and Souldiers of the Army by their Authority We the Knights Citizens and Burgesses in the Commons House of Parliament finding to the great grief of our hearts that the designs of the Priests and Jesuites and other Adherents to the See of Rome have of late been * more boldly and frequently put in practise than formerly to the undermining and danger of the ruine of the true reformed Protestant Religion in his Majesties Dominions established And finding also that there have been and having just cause to suspect that there still are even during this sitting in Parliament * endeavours to subvert the Fundamental Laws of England and Ireland and to introduce the exercise of an Arbitrary and Tyranical Government by most pernicious and wicked Counsels Practises Plots and Conspiracies And that the long intermission and unhappy breach of Parliaments hath occasioned many illegal Taxations whereupon the Subject hath been prosecuted and grieved And that divers Innovations and Superstitions have been brought into the Church multitudes driven out of his Majesties Dominions jealousies raised and fomented betwixt the King and his people a Popish Army levyed in Ireland and two Armies brought into the bowels of this Kingdom to the hazard of his Majesties Royal Person the * consumpsion of the Revenues of the Crown and Treasure of this Kingdom And lastly finding a great cause of Jealousie that endeavours have been and are used to bring the English Army into a Mis-understanding of this Parliament thereby to * incline that Army with force to bring to passe those wicked Counsels have therefore thought good to joyn our selves in a Declaration of our united Affections and Resolutions and to make this ensuing Protestation I A. B do in the presence of Almighty God promise vow and protest to maintain and defend as far as lawfully I may with my life power and estate the true reformed Protestant Religion expressed in the Doctrine of the Church of England against all Popery and Popish Innovations within this Realm contrary to the same Doctrine and according to the duty of my Allegiance His Majesties Royal Person Honour and Estate as also the power and privilege of Parliament The lawfull Rights and Liberties of the Subject and every person that maketh this Protestation in whatsoever he shall do in pursuance of the same And to my power and as far as lawfully I may I will oppose and by all good wayes and means endeavour to bring to condigne punishment all such as shall either by force practise counsels plots conspiracies or otherwise do any thing to the contrary in this present Protestation contained And further that I shall in all just and honourable waies endeavour to preserve the Vnion and Peace between the three Kingdoms of England Scotland and Ireland And neither for hope fear nor other respect shall relinquish this Promise Vow Protestation 7. The next in time is the Solemn League and Covenant taken in the most solemn manner with hands lifted up to heaven and subscribed by all Members of Parliament in England and Scotland by all Civil Military Officers Souldiers and well-affected persons in our three Kingdoms by f sundry special Ordinances of Parliament approving and ratifying the same A Solemn League and Covenant for Reformation and defence of Religion the Honour and Happiness of the King and the Peace and Safety of the three Kingdoms of England Scotland and Ireland WE Noblemen Barons Knights Gentlemen Citizens Burgesses Ministers of the Gospel and Commons of all sorts in the Kingdoms of England Scotland and Ireland by the Providence of God living under one King and being of one Reformed Religion having before our eyes the glory of God and the advancement of the Kingdom of our Lord and Saviour Jesus Christ the honour and happiness of the Kings Majesty and his Posterity and the true Publique Liberty Safety and Peace of the Kingdoms wherein every ones private condition is included and calling to minde the treacherous and bloudy plots Conspiracies Attempts and practises of the Enemies of God against the true religion and professors thereof in all places especially in these three kingdoms ever since the reformation of Religion and how much their rage power and presumption are of late and at this time increased and exercised whereof the deplorable estate of the Church and kingdom of Ireland the distressed estate of the Church and Kingdom of England and the dangerous estate of the Church and Kingdom of Scotland are present and publike Testimonies We have now at last after other means of Supplication Remonstrance Protestations and sufferings for the preservation of our selves and our religion from utter ruine and destruction according to the commendable practice of these kingdoms in former times and the Example of Gods people in other Nations after mature deliberation resolved and determined to enter into a mutual and Solemn League and Covenant wherein we all subscribe and each one of us for himself with hands lifted up to the most high God do swear I. THat we shall sincerely really and constantly through the Grace of God endeavour in our several places and callings the preservation of the Reformed Religion in the Church of Scotland in Doctrine Worship Discipline and Government according to the Word of God and the Example of the best Reformed Churches And shall endeavour to bring the Churches of God in the three Kingdoms to the nearest conjunction and uniformity in Religion Confession of Faith Form of church-Church-Government Directory for Worship and Catechising That we and our posterity after us may as Brethren live in Faith and Love and the Lord may delight to dwell in the midst of us II. That we shall in like manner without respect of persons indeavour the extirpation of Popery Prelacy that is Church-Government by Arch-Bishops Bishops their Chancellors and Commissaries Deans Deans and Chapters Archdeacons and all other Ecclesiastical Officers depending on that Hierarchy Superstition Heresie Schisme Profaneness and whatsoeuer shall be found to be contrary to sound Doctrine and the power of Godliness lest we partake in other mens sins and thereby be in danger to receive of their plagues and that the Lord may be one and his Name one in the three Kingdoms III. We shall with the same sincerity reality and constancy in our several Vocations endeavour with our estates and lives mutually to preserve the Rights and Privileges of the Parliaments and the Liberties of the Kingdoms and to preserve and defend the Kings Majesties person and authority in the preservation and defence of the true Religion and Liberties of the Kingdoms that the world may bear witness with our consciences of our Loyalty and that we have no thoughts or intentions to diminish his Majesties just power and greatness IV. We shall also with all faithfullness endeavour the discoverie of all such as have been or shall be Incendiaries Malignants or evil Instruments by hindering the reformation of
and null by his perfidiousness through divine Justice which will never permit any good things to spring out of such enormous evils as perjury and treachery which produced sundry judgments and civil wars never ceasing till Henry the right heir was restored to the Crown by a friendly agreement the only probable speedy way not now to end our present wars oppressions distractions Military Government and restore peace and prosperitie in our Nations After this An. 1191. upon the dejection of the insolent Bishop of Ely from his Vicegerentship under King Richard the first e all the Nobles of England assembling together swore Fealty to Richard King of England and to his heir against all men The Citizens of London swore the like Oath and that if King Richard should die without issue they would receive Earl John his Brother for their King and Lord juraverunt ei Fidelitatem contra omnes homines salva fidelitate Regis Richardi fratris sui as Hoveden relates In Claus. 24 H 3. m. 15. dorso soon after the birth of Edward the 1. son and heir apparent to King Henry the third I find this memorable writ issued to all the Sheriffes of England to summon all persons above 12. years old to swear Fealty to him as Heir to the King and to submit themselves faithfully to him as to their Liege Lord after his death Rex Vic. Eborum salutem Praecipimus tibi quod in fide qua nobis teneris et sicut teipsum et omnia tua diligis venire facias ad loca certa ad dies certos sicut commodius fiery potevit Omnes liberos homines de balliva tua aetatis 12. Annorum et supra et eos omnes coram te jurare facias ita quod haec sit forma juramenti sui scilicet Quod ipsi salvo Homagio et fidelitate nostra qua Nobis tenentur cui in vita nostra nullo mode renunciare volumus Fideles eritis Edwardo filio nostre primogenito ita quod side Nobis humanitus contigerit eidem tanquam hearedi nostro et Domino suo ligio erunt fideliter intendentes et eum pro Domino suo ligio habentes Et talem circa hoc exhibeas diligentiam ut inde merito debeatis commendari Teste meipso apud Westm. 24 die Febr. Ann. r. n. 24. Eodem modo scribitur omnibus Vicecomitibus and it appears by Dors. 12. they were summoned and sworn accordingly f In the Parliament of 5 H. 4. rot Parl. n. 13. 17. The Lords Spiritual and Temporal and Commons were sworn to bear faith and true allegiance to the King to the Prince and to his issue and to every one of his Sonnes severally sucéeding to the Crown of England and that of their own accord The like Oath was taken to the King Queen Prince Edward and the Heirs of the Kings body in the Parliament of 38 H. 6. rot Parl. n. 26. And to g Prince Edward Son and heir apparent to King Edward the 4th and his Heirs in the Parliament of 11 E. 4. entred in the Clause Roll of 11 E. 4. m. 1. dorso Yet in point of Law Conscience the first Oathes of Fealty and Allegiance to each of these Kings his heirs and successors * obliged all that took them as firmly to their heirs and successors as their Homages made by them to these Kings or other Lords which extend equally to their heires and shall not be h reiterated nor renewed to them upon this Account unless in some special cases and binde not only those that took them but their heirs and posteritie likewise although they never tooke these Oaths themselves at least to a religious conscientious observation though not to the actual legal penalties of Perjury as Angelus de Clavasio in his Summa Angelica tit. Juramentum 5. sect 24. 40. and other Canonists distinguish and the forecited Scriptures infallibly demonstrate especially being made for the publick good peace settlement of the Kingdom warranted by the policie presidents of all ages prescribed by our Lawes Parliaments for the safetie securitie settlement as well of our Religion Church Kingdoms Government as of our Kings and their posterities and so not o to be violated through fear menaces hopes of worldly gain or preferment nor dispensed with by any Papal or other human power whatsoever the i breach of Oaths Leagues Covenants being A GRAND VICKEDNESSE and high prophanation of the TRUTH FAITHFULNESSE NAME AND CONSTANCY OF GOD HIMSELF as well as transgression of his Law and Gospel deserving the highest temporal and Ecclesiastical censures in this world as well as eternal condemnation in the world to come Ezech. 17. 16 to 22. Jer. 34. Neh 5. 12. 13. 7. Whether the late illegal Oaths Ingagements to the New Republicans and Protectors enforced on the people against their Consciences without any lawfull Parliamentary Authority which only legally make prescribe impose new Oaths upon the Nation as the marginal k Statutes resolve past all dispute being directly contradictorie to their former lawfull Oaths to our Kings their Heirs and Successors be not absolutely void in conscience yea mere prophanings abuses of Gods sacred Name and if taken out of fear or weaknesse no wayes to be observed no more than Davids Oath resolution to slay Nabal with all his Family 1 Sam. 25. or Herods Oath to Herodias which he had more justly violated than observed in beheading John the Baptist Mat. 14. 6 to 13. or those Jews Vow who vowed they would neither eat nor drink till they had killed Paul Acts 23. 21. c. Which sinful Oaths Vows were no wayes to be observed by shedding innocent blood as both the Fathers Councils Canonists Casuists and Scoolmen resolve as you may read at large in Gratian Caus. 22. quest 4. Summa Angelica Tit. Juramentum sect. 3. 45. Peter Lombard Sent. l. 3. distinct 29. most Schoolmen on his Text whose definitive Doctrine is this Si quis alicui juraverit contra fidem charitatem officium quod observatū pejorem vergat in exitum potius est mutandum quam implendum Qui enim sic jurat vehementer peccat cum autem mutat benèfacit Qui autem non mutat dupliciter peccat Et quia injuste juravit et quia facit quod non debet And l that when a man hath once obliged himself by a legal Oath to God and his Soveraign any latter Oath repugnant to or inconsistent with it is unlawfull Upon which account our m Lawbooks and Laws resolve that when ever any man swears Fealty or doth Homage to his Landlord for the Lands held of him it shall be with this special exception saving the Faith which I owe to our Lord the King who is the Soveraign Lord of all his Subjects principally sworn unto and to be obeyed in the first place before all or any others Hereupon n Walter Bishop of Exeter Anno 6 E. 1. for omitting
Religion dividing the King from his people or one of the Kingdoms from another making any Faction or parties amongst the people contrary to this League and Covenant that they may be brought to publike trial and receive condigne punishment as the degree of their offences shall require or deserve or the Supreme Judicatories of both Kingdoms respectively or other having power from them for that effect shall judge convenient V. And whereas the happiness of a blessed Peace between these Kingdoms denied in former times to our Progenitors is by the good providence of God granted unto us and hath been lately concluded and setled by both Parliaments we shall each one of us according to our place and interest indeavour that they may remain conjoyned in a firm peace and union to all posteritie And that Justice may be done upon the willfull opposers thereof in manner expressed in the precedent Articles VI We shall also according to our places and callings in this common cause of Religion Liberty and peace of the Kingdoms assist and defend all those that enter into this League and Covenant in the maintaining and pursuing thereof and shall not suffer our selves directly or indirectly by whatsoever combination perswasion or terror to be divided and withdrawn from this blessed union and conjunction whether to make defection to the contrary part or to give our selves to a detestable indifferency or neutrality in this cause which so much concexneth the glory of God the good of the Kingdoms and the honour of the King but shall all the dayes of our lives zealously and constantly continue therein against all opposition and promote the same according to our power against all Lets and Impediments whatsoever and what we are not able our selves to suppress or overcome we shall reveal and make known that it may be timely prevented or removed All which we shall doe as in the sight of God And because these Kingdoms are guilty of many sins and provocations against God and his Son Jesus Christ as is too manifest by our present distresses and dangers the fruits thereof we professe and declare before God and the World our unfeined desire to be humbled for our own sins and for the sins of these Kingdoms especially that we have not as we ought valued the inestimable benefit of the Gospel that we have not laboured for the purity and power thereof that we have not endeavoured to receive Christ in our hearts nor to walk worthy of him in our lives which are the causes of other sins and Transgressions so much abounding amongst us And our true and unfeigned purpose desire and indeauour for our selves and all others under our power and charge both in publique and private in all duties we owe to God and man to amend our lives and each one to go before another in the example of a real Reformation that the Lord may turn away his wrath and indignation and establish these Churches and Kingdomes in truth and peace And this Covenant we make in the presence of Almighty God the Searcher of all hearts with a true intention to perform the same as we shall answer at that great day when the secrets of all hearts shall be disclosed Most humbly beseeching the Lord to strengthen us by his Holy Spirit for this end and to bless our desires and proceedings with such success as may be deliverance and safety to his people and encouragement to other Christian Churches groaning under or in danger of the yoke of Antichristian tyranny to joyn in the same or like Association and Covenant to the glory of God the enlargement of the Kingdom of Jesus Christ and the peace and Tranquility of Christian Kingdoms and Commonwealths Subscribed by William Lenthal Speaker Sir Henry Vane junior and most now sitting Yet notwithstanding all these most solemn sacred legal Oaths this Protestation Solemn League and Covenant sweetly according with and ratifying each other the remaining Fragment of the Commons House sitting under the power of the Army not only violated them all in the Highest degree by their proceedings against the late King his Heirs and Successors to the Imperial Crown the Royal posterity Kingship Kingdom Lords House and their secluded fellow Members but also took upon them to suppress and set aside these Oathes yea to brand and stigmatize them for Vnlawfull Oathes to absolve themselves with all others from them and to set up an Ingagement of their own framing in diametrical Opposition against all and every of them imposed on all the three Nations with strictest severity by their New Knack of 6. September 1649. disabling all Freemen of this Nation to sue in any Court of Justice whatsoever or to enjoy any Civil Ecclesiastical or Military Office benefice augmentation trust or degree of Learning in the Vniversities or Innes of Court and debarring all Lawyers Attornies from their practice by a new kinde of Praemunire who should not take and subscribe this Engagement which the whole House of Commons having not the least legal Power to g administer any usual Oath to Witnesses or any person whatsoever in any case or Age had neither Authority nor Power to impose upon the Nation were it consonant to the precedent Oaths Protestation Covenant much less then the Vnparliamentary Conventicle sitting after the Kings beheading the Lords and Majority of the Commons forcible seclusion and the h Parliaments actual dissolution thereby when diametrically repugnant to all these legal Oaths and to the Petition of Right it self 3 Caroli complaining providing against the future administring of any Oath not warrantable by the Laws and Statutes of this Realm in precise Terms and whether this Engagement be not such let all Lawyers Divines and consciencious Englishmen resolve I do declare and promise That I will be true and faithfull to the Common-wealth of England as it is now established without a King or House of Lords All the Officers Souldiers of the Army and Garrisons through England and Ireland were the first men who subscribed it and returned their Subscriptions in Parchment-Rolls to their Journey-men and Creatures at Westminster who thereupon thought themselves and their Government though founded upon Bloud Treachery Perjury as lasting and perpetual as if it had been founded on a Rock and the sincerest Principles of Piety Justice Righteousness and general publick National consent But those very first Engagers to them when they had done their Drudgery and oppressed the Nation with doubled and trebled Taxes to support their bloody wars by Land and Sea against their Protestant King and Brethren of Scotland the Netherlands on the 20th of April 1653. i sodenly turned them out of Doors and power with force and highest contempt as persons wholy perverting the ends of Parliament oppressing the people making Gain the main of their Business and utterly impossible in that corrupt estate in the judgements of the most moderate men to come the instruments of our long desired Establishment And then setting up a