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<DATE>2007-05-24</DATE>
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<NAME>Jonathan Blaney</NAME>
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<P>A Looking-gla&s;&s;e FOR THE PARLIAMENT.</P>
<P>Wherein they may &s;ee the Face of their UNJUST, ILLEGALL, TREASONOUS and REBELLIOUS PRACTICES,</P>
<P>1 <HI>Again&s;t Almighty GOD.</HI></P>
<P>2 <HI>Again&s;t their KING.</HI></P>
<P>3 <HI>Again&s;t the Fundamentall LAWES of the King|dome.</HI></P>
<P>4 <HI>Again&s;t their own</HI> Oaths <HI>and</HI> Covenants.</P>
<P>Argued betwixt Two Learned JUDGES, the one remain|ing an exile beyond the Seas, the other a Pri&s;oner for his Allegiance and Fidelity to his KING and COUNTRY.</P>
<P><FIGURE>
</FIGURE></P>
<P>Printed in the Eighth yeer of the <HI>Parliaments Tyranny</HI> and <HI>Oppre&s;&s;ion.</HI> 1648.</P>
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<DIV1 TYPE="to the reader">
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<HEAD>To the Reader.</HEAD>
<OPENER><SALUTE>COURTEOUS READER,</SALUTE></OPENER>
<P><HI>_WHo&s;oever thou art, that &s;halt peru&s;e this in&s;uing Di&s;|cour&s;e, we de&s;ire thee to doe it with Candor, and with|out prejudice of opinion; before thou ha&s;t warily read it, &s;eriou&s;ly con&s;ider it, and advi&s;edly weighed it; and when thou ha&s;t &s;o done, if thou &s;halt approve of it, pra|ctice it, if thon doe&s;t not, let us receive thy mode&s;t reproof in writing, and informe us better by more learned and infallible Arguments of the truth in tho&s;e grounds we have laid down to our &s;elves, and we &s;hall hold our &s;elves much obliged unto thee, and remaine,</HI></P>
<CLOSER><SIGNED>Studious to doe thee good, D. I. R. H.</SIGNED>
<DATELINE>Dated <HI>Feb. 7. An. D.</HI> 1648.</DATELINE></CLOSER>
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<HEAD>A LOOKING GLASSE for the PARLIAMENT.</HEAD>
<OPENER><SALUTE>IVDGE. SIR,</SALUTE></OPENER>
<P>_I Mu&s;t confe&s;&s;e to you, that I doe appre|hend that there is a Legi&s;lative Power in the Parliament, but I take it to be <HI>in &s;en&s;u conjuncto,</HI> not <HI>in &s;en&s;u divi&s;o,</HI> in a &s;en&s;e when the KING is joyned to both Hou&s;es of Parliament, not when he is divided from them either in his Will or Per&s;on: For neither Hou&s;e by it &s;elf, or both Hou&s;es together have Power to make a Law to binde the Subject without the Roy|all a&s;&s;ent; now the Legi&s;lative Power is nothing el&s;e but a Po|wer to repeal old Lawes, or to make new ones that &s;hall binde the Subject: neither can the KING by him|&s;elf repeal any e&s;tabli&s;hed, or make any Law binding to the &s;ubject without the preparation or a&s;&s;ent of both Hou|&s;es, not joyning with any one Hou&s;e, make a Law or Or|dinance to binde the other, nor repeal any Law what&s;oever; and I am very confident, you cannot &s;hew me an authority in our Laws to the contaary; But you will peradventure &s;ay, That the KING will fully ab&s;ent him&s;elf from both his Hou&s;es of Parliament, and that thereupon his Power is inherent in, and devolved to the Parliament. If you &s;hould make this objecti|on, be&s;ides what you will finde hereafter expre&s;&s;ed as touching this que&s;tion, the practice of all times &s;hew the contrary: for as on the one part, if he be per&s;onally pre&s;ent with his Parl. yet he may be wilfully ab&s;ent, or ab&s;ent in his will, as if he an&s;wer to
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any bill promoted to him, <HI>Le Roy &s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">avi&s;era,</HI> or the King will advi&s;e upon it, it &s;tands at pre&s;ent for a negation of the bill, and thereby it is made incapable that Se&s;&s;ion to be an Act: &s;o on the contrary part, if the King be ab&s;ent from both Hou&s;es of Parliament in per&s;on, hee may be pre&s;ent in his will; that is, if his per&s;on were at <HI>York,</HI> and both Hou&s;es &s;itting at <HI>We&s;tmin&s;ter,</HI> and they &s;hould &s;end him Bills to &s;igne which he &s;hould accept of, and indor&s;e this upon them (<HI>Le Roy le Veut</HI>) or the King wills, this is an affirmation of tho&s;e bills, and makes them Acts of Parliament; which not only proves that one or both Hou&s;es by them|&s;elves have not legi&s;lative power without the King; (for as to the making of Lawes they have but a preparatory power to frame and pre&s;ent bills for the Royall &s;ignature and approbation) but al&s;o that if the King bee ab&s;ent in per&s;on from them either willingly or by occa&s;ion of nece&s;&s;ity, his legi&s;lative power is not repre&s;entatively lodged in, or devolved unto one or both Hou&s;es of Parliament. I will agree with that great lover of Parliaments, and learned Father of the Law, Sir <HI>Edward Cooke,</HI> in the fourth part of his In&s;titutes p. 6. <Q>That a Parliament cannot begin or be held but either in the Kings per&s;on or by repre&s;entation: By re|pre&s;entation two wayes, either by a Guardian of <HI>England</HI> by Letters|patents under the Great Seale, when the King is <HI>in remotis</HI> out of the Realme, or by commi&s;&s;ion under the Great Seale to certaine Lords of Parliament repre&s;enting the Kings per&s;on, he being with|in the Realme, by rea&s;on of &s;ome infirmity;</Q> &s;o that we hereby con|clude that the King is not repre&s;ented in Parliament of common cour&s;e, but only by &s;peciall Commi&s;&s;ion, in one of the&s;e two cau&s;es: in the fir&s;t of which ca&s;es, <HI>Edward</HI> Duke of <HI>Cornewall,</HI> and Earle of <HI>Che&s;ter</HI> held a Parliament in 24. <HI>E.</HI> 3. for King <HI>Edw.</HI> the third: And <HI>John</HI> Duke of <HI>Bed|ford</HI> brother and Lieutenant to the King and Guardian of <HI>England</HI> held a Parliament as Guardian of <HI>England</HI> in the fifth year of King <HI>H.</HI> the fifth; and in the &s;econd ca&s;e in 3. <HI>E.</HI> 4. a Parliament was begunne in the pre&s;ence of the King, and prorogued untill a further day; And when <HI>William</HI> Arch-bi&s;hop of <HI>York</HI> the Kings Commi&s;&s;ary by Letters-patents held the &s;ame Parliament and adjourned the &s;ame, the cau&s;e of the &s;aid prorogation being becau&s;e the King was inforced to goe into <HI>Gloce&s;ter|&s;hire</HI> to repre&s;&s;e a Rebellion there; &s;o in 28. <HI>Eli.</HI> Queen <HI>Elizabeth</HI> by her Commi&s;&s;ion did by her Letters-patents authori&s;e <HI>John Whit gift</HI> Arch-bi&s;hop of <HI>Canterbury, William</HI> Baron of <HI>Burleigh</HI> Lord Trea&s;urer, and <HI>Henry</HI> Earle of <HI>Darby,</HI> to begin, hold, and prorogue a Parliament,
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and this Commi&s;&s;ion is entred in the Journall booke of the Lords hou&s;e, over which is written, <HI>Domina Regina repre&s;entatur per comi&s;&s;ionarios viz.</HI> That our Lady the Queene is repre&s;ented by her Commi&s;&s;ioners: <Q>which precedents in both ca&s;es plainely prove that the King is not of cour&s;e repre&s;entatively in Parliament, nor his power lodged there, but by his &s;peciall Commi&s;&s;ions, or Letters Patents,</Q> which may &s;uffice as to this point; but for tho&s;e parts of your motives, that the power of both Hou&s;es is above the Kings, you &s;hall find an&s;wered unto hereafter.</P>
<P>And whereas you write that the Scots have delivered up the King, and that he is a Pri&s;oner, and his Per&s;on at their di&s;po&s;ition, that the Ci|ty and Parliament are united, that the whole &s;trength of the Kingdome is in their hands, that Bi&s;hops will be rooted out, their Lands &s;old, and Presbyterian government &s;etled; which I conceive you alledge as argu|ments to per&s;wade me to compound, and take the Oathes you mention; the&s;e are rather arguments of force and fraude, by all zealous lovers of honour, Ju&s;tice and Piety to be re&s;i&s;ted and with&s;tood, then of truth and rea&s;on tobe &s;ubmittd unto, and looke more like arguments of Su|tors Hill, then We&s;tmin&s;ter Hall; but if you lay them before me, as per|&s;wa&s;ions of feare and terrour, I an&s;wer you in the words of King Da|vid, that you may &s;ee how vaine the&s;e conceits are, P&s;al. 2. <HI>The Princes of the earth &s;tand up, and take councell again&s;t the Lord, and again&s;t his Anoynted,</HI> &s;aying, <HI>Let us breake their bonds a&s;under, and ca&s;t away their cords from us, he that dwelleth in Heaven &s;hall laugh them to &s;corne, the Lord &s;hall have them in deri&s;ion: he &s;hall brui&s;e them with a Rod of Iron, and breake them in peeces like a Potters Ve&s;&s;ell. Be wi&s;e now therefore O yee Princes, be learned O yee that are Judges of the Earth. What though many Ox<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">n are come about the King, and fat Bulls of Ra&s;an have clo&s;ed him in on every &s;ide, that gape upon him with their mouthes as if they were ram|ping and roaring Lions?</HI> was not this good King Davids ca&s;e, P&s;al. 22. 12. was not <HI>he hunted after by Saul to de&s;troy his life, as a man hunteth after a Partridge in the Mountaines?</HI> 1 Sam. 26. 20. <HI>did not his enemies lie waiting in his way on every &s;ide, 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 &s;ecret places,</HI> P&s;al. 17. 11. 12. <HI>They &s;pake again&s;t him with fal&s;e tongues, &amp; compa&s;&s;ed him about with words of hatred, &amp; fought again&s;t him without a cau&s;e,</HI> P&s;al. 109. 3. And Davids enemies kept him Pri&s;oner too as out King is, <HI>for they compa&s;&s;ed him about,</HI> P&s;al. 140. 9. Nay he com|plaines more heavily; <HI>they that hate me without a cau&s;e are more then</HI>
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<HI>the haires of mine head, they that are mine enemies, and would de&s;troy me guiltle&s;&s;e are mighty,</HI> P&s;al. 69. 4. Yet what of all this? Are not there many promi&s;es held forth in the holy Scriptures to us, that may a&s;&s;ure a man of the &s;malle&s;t faith, that the King &s;hall be ree&s;tabli&s;hed in his Throne, and his enemies confounded, for David a&s;&s;ures us there is verily <HI>a reward for the righteous,</HI> Doubtle&s;&s;e there is <HI>a God in Heaven that jud|geth in the earth,</HI> P&s;al. 58. 11. and P&s;al. 9. <HI>The Lord is knowne by execu|ting judgement, the wicked &s;hall be &s;hared in the works of their owne hands, for the poore &s;hall not be alwaies forgotten, the hope of the afflicted &s;hall not peri&s;h for ever:</HI> and to prove this he affirmes by way of evidence, P&s;a. 27. 2. <HI>When the wicked even mine enemies, and my foes came upon me to eate up my fle&s;h, they &s;tumbled and fell,</HI> and P&s;al. 30. He &s;hewes his delive|rance by his thank&s;giving in the&s;e words, <HI>I will magnifie thee O Lord, for thou ha&s;t &s;et me up, and not made my foes to triumph over me, thou ha&s;t turned my heavine&s;&s;e into joy, thou ha&s;t put off my &s;ackcloth, and gi<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ded me with gladne&s;&s;e.</HI> How then can I di&s;paire of our Kings deliverance and victory? I hope I may without offence &s;ay, that I beleeve our King is a parallell to David in his vertues, and the ju&s;tice of his Cau&s;e, and therefore &s;hall with David P&s;al. 21. conclude this point, <HI>The King &s;hall rejoyce in thy &s;trength O Lord, exceeding glad &s;hall he be of thy &s;alvation, thou &s;halt give him his hearts de&s;ire, and wilt not deny him the reque&s;t of his lips,</HI> and why? <HI>Becau&s;e the King putteth his tru&s;t in the Lord, and in the mercy of the mo&s;t highe&s;t he &s;hall not mi&s;carry:</HI> And for the latter part of your Argument, which is, that either the King will &s;igne the Propo&s;itions, and &s;o mine e&s;tate will be confi&s;cated, or if he doe not, the Parliament will doe it by their Ordinances without him: I an&s;wer, that I feare not his Maje&s;ties con&s;ent to give away the e&s;tates of his Loyall Subjects, but if he be a Pri&s;oner as you &s;ignifie unto me by your letters that he is, I feare not much that his a&s;&s;ent to the Propo&s;itions can take a|way mine e&s;tate; neither doe I hold it a peece of wi&s;dome to pre&s;&s;e his con&s;ent <HI>per dures</HI> to &s;uch Propo&s;itions, for you that are learned in the Lawes know that &s;uch con&s;ent is not any way binding at all among&s;t common per&s;ons, <HI>a fortiori</HI> in the Kings cau&s;e. And for their di&s;po&s;ing of mine e&s;tate by Ordinance without the Kings con&s;ent, I mu&s;t deale plainely with you, it terrifieth me not at all, for I am cleerely of opinion <Q>that no Ordinance without the Kings con&s;ent is binding to the people, or can alter any property that I have in mine e&s;tate, by the Fundamen|tall Lawes of the Land: And if the King &s;hould con&s;ent to &s;uch an Or|dinance
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it were onely binding till the fir&s;t Se&s;&s;ions of the next Parlia|ment, and then to dye of it &s;elfe, if not againe revived;</Q> which if I thought you doubted of, I would take the paines to cleare it by ci|ting you authorities &s;ufficient in the point, whereupon I doubt not but you wil infer that there can be no good a&s;&s;urance or &s;ale made of <Q>the Bi&s;hops lands by Ordinance without the Kings Royall and per&s;onall a&s;&s;ent, nor that both or either Hou&s;e of Parliament can di&s;po&s;e of his Royall per&s;on by any Law of the Land (and I hope God will never permit them to di&s;po&s;e of him) otherwi&s;e then to re-e&s;tabli&s;h him in his Throne againe, and inve&s;t him with all his Royall powers and intere&s;ts, which by the knowne Lawes of the Land are due unto him, and to make him a glorious King accor|ding to their &s;everall Declarations, Prote&s;tations, oaths of Supre|macie and Allegiance, and according to their &s;olemne League and Covenant; all which Prote&s;tations, Oaths, and Covenants, every Member of both Hou&s;es, either by the Lawes, or by their owne Orders, hath or ought to take.</Q> Now as concerning the Cove|nant, if I under&s;tand it aright, the principall ends of it are the &s;et|ling of Presbyterian government in the Church, the extirpation of Epi&s;copacy, the right and priviledges of Parliament, the pre&s;er|vation of the Kings Maje&s;ties per&s;on and authority, which is quali|fied with a clau&s;e of equivocation; <HI>viz.</HI> in the maintenance of the true Religion and liberties of the Kingdome, to bring Incendiaries and malignants, or evill in&s;truments to condigne puni&s;hment; and la&s;tly, to a&s;&s;i&s;t and defend all tho&s;e that joyn in that League and Co|venant, to the ends and purpo&s;es afore&s;aid. The&s;e being the ends of the Covenant, it is expedient that I &s;hould con&s;ider whether it be lawfull to take any Covenant tending to the&s;e ends: for I will not di&s;pute the legality or illegality of taking of Covenants in ge|nerall, but whether without my King and his confirmation, I may make any Covenant at all with any &s;ort of people in this Land, e&s;|pecially to abrogate any knowne and e&s;tabli&s;hed Law of the Land: Now to pull downe that government of Epi&s;copacy which is e&s;ta|bli&s;hed by divers acts of Parliament in this Kingdome, to &s;et up Presbyterian by force of Armes, which is incon&s;i&s;tent with the Laws and Statutes of this Realme, and without the Kings con&s;ent (who by his office of divine appointment, is the nur&s;ing father of the Church, as <HI>I&s;aiah</HI> 49. 22. and by the Statutes of this Land acknow|ledged
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to be &s;upreame Moderator and governour of the Church and Kingdome, as hereafter is more at large declared.) I very much doubt and &s;cruple, whether I may doe it, and the rather for this cau&s;e for feare le&s;t joyning in an unlawfull Covenant, hap|ly I be found to fight again&s;t God, as it was &s;aid in the ca&s;e of the Apo&s;tles, <HI>Act.</HI> 5. 30. for if I enter into this Covenant to eradicate Epi&s;copacy which hath been approved in the Church for the fir&s;t 1500 yeares after Chri&s;ts a&s;cention by all men that have profe&s;&s;ed the name of Chri&s;t, and was doubtle&s;&s;e of Apo&s;tolicall in&s;titution (if we may give credit unto the ancient Fathers, and Chronologies of the Primitive times) and make a League to &s;et up Presbyterian government, which was never &s;o much as heard of in the Church under that notion (for ought I can read) till the revolt of the Towne of <HI>Genevah</HI> from their obedience unto the Duke of <HI>Savoy</HI> in the year of our Lord 1535. at which time they tooke occa&s;ion to change their old Religion, and to expell their Bi&s;hops for countenance to their rebellion, and called in <HI>Calvin</HI> a learned man of <HI>France</HI> bred up in the Civill Laws, to be their Moderator in Divinity, whom they after through their incon&s;tancie bani&s;hed, and would have had a Bi&s;hop of the reformed Religion if they could have procured con&s;ecration, for want whereof they recalled him againe upon &s;e|cond thoughts to perfect their new modell of Church-government, which he there e&s;tabli&s;hed as it happened in the yeare of our Lord 1541. as partly by his owne Epi&s;tles, and more plainly by Mr. <HI>Hookers</HI> workes, and by <HI>Franci&s;cus Boninardus</HI> his writings to a Se|ba&s;tian Mini&s;ter, and el&s;ewhere appeares; which kinde of Govern|ment, as many learned men are of opinion, is neither of Apo&s;tolicall in&s;titution, nor example, nor agreeable either to the primitive veri|ty or regiment in the Church, nor the true Chri&s;tian liberty which the Saints of God doe challenge; though I will not deny that there were both Elders and Presbyters in the Church of Chri&s;t in the Apo|&s;tles times, yet I take them rather to be a &s;ubordinate, then a di&s;tinct degree from the Regiment of Epi&s;copacy. And therefore for mee that am not better &s;atisfied in the di&s;cipline of Presbytery, and more per&s;waded of the divine right of Epi&s;copacy, to take this Co|venant, were to act a &s;in of pre&s;umption again&s;t the per&s;wa&s;ion of my con&s;cience, wherein I may be &s;aid to fight again&s;t God. As for the pre&s;ervation of the Rights and Priviledges of Parliament, God forbid, that I &s;hould not both &s;weare and covenant to maintaine
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them, &s;o long as the Hou&s;es move within their Spheare, and &s;teere their cour&s;e by the knowne Chanels of the Lawes of England, and launch not out into the maine of Arbitrary Government without &s;cale or compa&s;&s;e, &s;o long I hold my &s;elfe obliged with my life and fortune to mainetain them. But whether all tho&s;e things are priviledges of Par|liament which are now pretended to be &s;o, or whether the Hou&s;es move in their proper Orbe, without irregularity or deviation, it be|ing a matter of &s;tate, which I being abroad cannot take &s;o perfect no|tice of, I leave it to you, and other learned men who are in England to judge of, it being more proper for you, and tho&s;e that are upon the place to give a determination of it, then my &s;elfe.</P>
<P>And as touching the pre&s;ervation of the Kings Maje&s;ties per&s;on, I hold it my duty to lay downe my life and fortune for it, either in Active or Pa&s;&s;ive Obedience, without any re&s;ervation or &s;uch re&s;triction as is afore&s;aid what&s;oever. And I could wi&s;h for the worlds better &s;atis|faction, that the Hou&s;es would plea&s;e to explaine them&s;elves, what the Religion and Liberties of the Kingdome are they mean by the&s;e words (in the pre&s;ervation and defence of the true Religion, and Liberties of the Kingdome) And as touching Incendiaries, Malignants, and evill in|&s;truments of all &s;orts, I could wi&s;h they might be tryed by indifferent Judges lawfully con&s;tituted, and by the knowne e&s;tabli&s;hed, Lawes of the Land, and by tho&s;e Lawes to be brought to condigne puni&s;hment: But to enter into a Covenant or &s;olemne League to defend the per&s;ons of tho&s;e that &s;hall take it in any other &s;ence, then what I have before expre&s;&s;ed; I doubt I may not lawfully doe it. Another &s;cruple I make, whether this Covenant is not already broken by tho&s;e that have taken it, in the very Act of re&s;training the Kings Per&s;on, and by taking away of his Authority from him, and in other points, I will not now in&s;i&s;t u|pon; if it &s;o fall out in truth, that it be already broken, I ought not then to joyne in League and Covenant with tho&s;e that lifting up their hands to the high God, have &s;worne to maintaine and keepe the &s;ame, and notwith&s;tanding this their Oath, have fal&s;ified their faith to him: with whom if I &s;hould joyne my &s;elfe, I &s;hould &s;ay with the rebel|lious Jewes, Ho&s;ea 10. 3. <HI>Wee have no King, becau&s;e wee feared not the Lord, and what &s;hould a King doe to us?</HI> And I &s;hould not only doe the &s;ame which they have done, but &s;hould al&s;o favour them that do them, making my &s;elfe worthy of eternall death, with tho&s;e <HI>Covenant brea|kers</HI> which Saint Paul makes mention of, Rom. 1. 30. 31. And thus much concerning
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the Covenant. But truely Sir though I take not upon me to di&s;pute the lawfulne&s;&s;e of the power of both Hou&s;es to impo&s;e Oathes or Covenants upon the Kings people; yet if I were in England, and this Covenant, or the negative Oath, or any other Oath or Covenant were offered to me by way of impo&s;ition or con&s;traint, I doe confe&s;&s;e I &s;hould make the&s;e two objections again&s;t it: the one is that which a wi&s;e and great Peere of this Realme now &s;itting in this pre&s;ent Parliament objected again&s;t that Oath which was offered to be impo&s;ed upon all the Members of the great Coun&s;ell at Yorke, to wit, that I may lawfully refu&s;e to take or &s;ubmit my &s;e fe to any Oath that is not lawfully injoyned mee by Act of Parliament, that is ena|cted and made a Law, with full con&s;ent of the King, Lords, and Commons a&s;&s;embled in Parliament. And the other objection I &s;hould make is this, That if the King, Lords, and Commons, with full con&s;ent in Parliament, &s;hould enact a thing contrary to the Law and word of God, and enjoyne all the Subjects of the Realme to take an oath to ob&s;erve it, I might lawfully, and would refu&s;e to take that Oath, rather &s;ub|mitting my &s;elfe to the puni&s;hment inflicted for not taking that Oath, then committing &s;o high a &s;inne of pre&s;umption again&s;t God and mine owne con&s;cience, as to &s;weare to ob&s;erve a Law which is again&s;t his Law, and his mo&s;t holy Word and Commandement. For we ought ra|ther to obey God then man, <HI>Act.</HI> 4. 19. 5. 29. And I am fully of this <Q>opinion that there ought not to be any other oath impo&s;ed upon the Subjects of this Realme then what is impo&s;ed and enjoyned by act of Parliament, and that only concerning lawfull and indifferent things.</Q> And when an oath is offered unto us, &s;o conditioned, I am likewi&s;e of opinion that both my &s;elfe, and all other his Maje&s;ties &s;ub|jects are bound to take it and ob&s;erve it.</P>
<P>Now as concerning the Oath in que&s;tion, which is the Negative Oath, which runnes in the&s;e words (<HI>viz.) I. A. B.</HI> doe &s;weare from my heart that I will not directly nor indirectly adhere unto, or wil|lingly a&s;&s;i&s;t the King in this warre, or in this cau&s;e again&s;t the Parlia|ment, nor any forces rai&s;ed again&s;t the two Hou&s;es of Parliament in this cau&s;e or war. And I do likewi&s;e &s;weare that my comming and &s;ubmitting my &s;elfe under the power and protection of the Parliament is without any manner of de&s;igne what&s;oever to the prejudice or pro|ceeding of this pre&s;ent Parliament, and without the direction, privity, and advice of the King, or any of his Councell or Officers, other then what I have now made knowne: So helpe me God and the Contents of this book.</P>
<P><PB N="10" REF="7">I am much &s;crupled in my judgement and con&s;cience whether it be not both again&s;t the Law and word of God, again&s;t the Law of Nature, again&s;t the &s;etled, knowne, e&s;tabli&s;hed, and unrepealed Laws of this Kingdome; again&s;t the Law of rea&s;on, and again&s;t all rea&s;on, con&s;cience, honour, and pollicy, either to take it or re|quire it.</P>
<P>Fir&s;t, this Negative Oath &s;eems to me to be oppo&s;ite to the word<NOTE PLACE="marg">Negative Oath again&s;t the Lawe of God</NOTE> of God in re&s;training me from the performance and execution of a du<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">y to my King, which by the Law and Word of God I am enjoy|ned to di&s;charge towards him, <HI>By me Kings reigne,</HI> &s;aith God, <HI>Prov.</HI> 8. 15. therefore I cannot doubt of the lawfulne&s;&s;e of their calling, and that they are of divine right and in&s;titution, the ble&s;&s;ed Spirit of God &s;peaking in <HI>Solomon,</HI> Prov. 24. 2. <HI>Solomon</HI> exhorts his &s;onne, <Q>that is, every childe of God in the&s;e words, My &s;onne feare God and the King, and meddle not with them that are given to change; or as &s;ome Tran&s;lations have it, that are &s;editious:</Q> Here the Holy Gho&s;t joynes God and the King under one feare, or under one pre|cept, as if hee &s;hould &s;ay, to feare the King, is to feare God; and un|le&s;&s;e thou feare&s;t the King, thou can&s;t not feare God, this is no un|&s;ound or improper inference; for it is the will of God that thou &s;houlde&s;t feare the King, wich will, if thou performe not, thou can&s;t not be &s;aid to feare God. Now feare in this place is only taken for &s;ubjection and obedience, and this duty of thy obedience and &s;ub|jection, is as properly belonging unto the King, as thy feare is to God, which our mo&s;t ble&s;&s;ed Saviour Je&s;us Chri&s;t expre&s;ly declareth, <HI>Matth.</HI> 22. 23. in the&s;e words, <Q>Give unto Cae&s;ar tho&s;e things that are Cae&s;ars, and to God tho&s;e things that are Gods;</Q> and though the que&s;tion were there only concerning Tribute, and asked of the Phari&s;ees and Herodians which were not naturall &s;ubjects to Ce&s;ar, but onely brought under by conque&s;t and force, yet our Saviour ex|horts the Jewes and Herodians to performe &s;ubjection to Cae&s;ar in paying the tribute due to him, as well as to perform their duties to|wards God: which &s;aying of his, (though the wicked Jews thought to entrap him by the que&s;tion) yet could they not reprove it before the people, becau&s;e they were convinced of the truth of it by the light of nature, having not faith to perceive the divine right, that was couched in it, and therefore they marvelled at his an&s;wer, and held their peace, as it is recorded, <HI>Luke</HI> 20. 26. And though our ble&s;&s;ed Saviour might have challenged an exemption from the pay|ment
<PB N="11" REF="7">
of tribute, as being free, yet becau&s;e he would not offend <HI>Cae&s;ar,</HI> he cau&s;ed <HI>Peter</HI> to pay tribute for them both, as we may read <HI>Math.</HI> 7. 26. 27. St. <HI>Peter</HI> writing unto the &s;trangers that dwelt in <HI>Pontus, Gallatia, Cappadocia, A&s;ia,</HI> and <HI>Bithynia,</HI> who were at that time under the dominion of the Roman Empire only by rea&s;on of their aboad, and &s;o owed but locall allegiance to <HI>Cae&s;ar,</HI> exhorts them that they &s;hould &s;ubmit them&s;elves unto all manner of ordi|nance of man, for the Lords &s;ake, whether it be unto the King as unto the &s;uperiour, or unto governours, as unto tho&s;e that are &s;ent of him, for the puni&s;hment of evill doers, and for the prai&s;e of them that do wel, for &s;o is the will of God that by weldoing ye may put to &s;ilence the ignorance of the fooli&s;h men. 1 <HI>Pet.</HI> 2. 15. where we are to under&s;tand by the way, that according to the Geneva notes upon that place, by this word, ordinance, is meant the framing and orde|ring of the Civill government, which the Apo&s;tle calleth the or|dinance of men, not becau&s;e men invented it, but becau&s;e it is pro|per to men to exerci&s;e, upon which place of the Apo&s;tle, there are the&s;e things ob&s;ervable. <Q>Fir&s;t, that wee ought to &s;ubmit to the King as &s;uperiour. Secondly, that where a government is Mo|narchicall, as in <HI>England,</HI> governours are &s;ent by him, and by him only: for if governours had been to have been &s;ent by any other, the Apo&s;tle writing by the Spirit of God, if their calling had been lawfull, would not have omitted to have in&s;tructed tho&s;e &s;tran|gers to performe &s;ubjection and obedience to them. Thirdly, that it is the will of God that wee &s;hould &s;ubmit our &s;elves to the King as &s;uperiour. Fourthly, That in &s;o doing wee doe well. And fifthly, That in doing this well, we &s;hall put to &s;ilence the ignorance of the fooli&s;h men; that is to &s;ay, of &s;uch, who hold that &s;ubjection and obedience belongs not to Kings, or &s;uch that &s;eeke to withdraw us from ours;</Q> wherefore as St. <HI>Paul</HI> &s;aith, <HI>Rom.</HI> 13. 5. we mu&s;t be &s;ubject, not becau&s;e of wrath only, (or for feare of puni&s;hment) but al&s;o for con&s;cience &s;ake; for this cau&s;e wee ought to pay tribute to whom wee owe our tribute, cu&s;tome to whom cu&s;tome, feare to whom feare, honour to whom honour is due; in which words St. <HI>Paul</HI> coupleth together the whole duty of &s;ubjection and obedience which we owe to our King, tribute, feare, and honour; where, in the fir&s;t place, we are to con&s;ider that St. <HI>Paul</HI> wrote tho&s;e precepts to men as free in Chri&s;t
<PB N="12" REF="8">
as our &s;elves, and to Romans, men of as much learning, courage, and warlike imployments, as were any at that time, or &s;ince in the world, and men who not long before were brought from the &s;ub|jection of a popular &s;tate, to the obedience of a &s;ole and &s;overeigne Monarchy: neither mu&s;t we forget that the&s;e percepts were writ|ten in the time of that heathen Emperour <HI>Nero,</HI> which then ruled o|ver the Romans, and the mo&s;t bloody tyrannous and per&s;ecuting Tyrant and enemy to the Church of Chri&s;t that ever was before or &s;ince his time: And yet St. <HI>Paul</HI> tells tho&s;e Chri&s;tian Romans, they mu&s;t be &s;ubject for con&s;cience &s;ake, and his doctrine was true, and not without warrant from Gods owne mouth; for let a King be ne|ver &s;o wicked, yet he is Gods ordinance upon us, and being Gods Ordinance we are to obey him, by his e&s;peciall commandement; <HI>Ieroboam</HI> was a wicked Prince and an Idolater, and cau&s;ed I&s;rael to fall away from God, and to &s;acrifice to Idolls, yet we finde that God &s;ent <HI>Ahijab</HI> the Prophet unto him with this me&s;&s;age, 1 <HI>King.</HI> 14. 7. Goe tell Jeroboam, for as much as I have exalted thee from among the people, and made thee Prince over my people I&s;raell; and God &s;ent Jehu with the like me&s;&s;age unto <HI>Baa&s;ha,</HI> as we read 1 of <HI>Kings</HI> 26. 2. And we read of <HI>Syrus</HI> the A&s;&s;yrian heathen Empe|rour, <HI>I&s;aiah</HI> 44. 28. where God &s;aith of <HI>Cyrus,</HI> He is my &s;hepherd, and &s;hall performe all my plea&s;ure, and the 45 1. Thus &s;aith the Lord to his anointed, to Cyrus, who&s;e right hand I have holden to &s;ubdue Nations before him; and ver&s;e the 5. of the &s;ame Chapter, I am the Lord, and there is none el&s;e, there is no God be&s;ides me, I guided thee, though thou ha&s;t not knowne me. God al&s;o calleth <HI>Nabuchaduezar</HI> that wicked, Idolatrons per&s;ecuting heathen King of Babylon, his &s;ervant no le&s;&s;e then three times in holy writ, as we read <HI>Ier.</HI> 25. 9. 27. 16. and 43. 10. which &s;everall places of Scri|pture doe clearly evidence to me, that be the Prince or King never &s;o wicked or Idolatrous, be he never &s;o unju&s;t; nay be he Pagan or Infidell, God acknowledged them to be his owne ordinance upon his people; nay, and more, commands his people to yeeld obedience to them as his ordinance, upon paine not only of temporall de&s;tru|ction, but of everla&s;ting condemnation, and this is proved unto us by that command of God given to his cho&s;en people the Jewes, Jer. 27. 12. <HI>Bring your neck under the yoke of the King of Babylon, and &s;erve him and live, why will you dye thou and thy people by the &s;word, by</HI>
<PB N="13" REF="8">
<HI>the famine, and by the pe&s;tilence, as the Lord hath &s;poken again&s;t the Nation that will not &s;erve the King of Babylon, therefore hearken not to the words of the Prophets that speake unto you &s;aying, Yee &s;hall not &s;erve the King of Babylon, for they prophe&s;ie a lye unto you, for I have not &s;ent them, yet they prophe&s;ie a lye in my name that I might drive you out, and that yee might peri&s;h, ye and the Prophets that prophe&s;ie unto you.</HI> Nay, God by the mouth of the Apo&s;tle St. <HI>Paul</HI> Rom. 13. 1. commands us upon paine of damnation to obey his ordinance in the&s;e words, <HI>Let every &s;oule be &s;ubject to the higher powers, for there is no power but of God, who&s;oever re&s;i&s;teth the power, re&s;i&s;teth the Ordinance of God, and they that re&s;i&s;t, &s;hall receive to them&s;elves damnation:</HI> who the&s;e high powers are, St. <HI>Peter</HI> tells us, 1 Pet. 2. 13. <HI>Submit your &s;elves to every ordinance of man for the Lords &s;ake, whether it be to the King as &s;upreame, or unto gover|nours, as unto tho&s;e that are &s;ent by him:</HI> The King then is the highe&s;t power under God in his Realme, and governours are &s;ent but by him, and therefore only to be obeyed, becau&s;e &s;ent by him: thus we &s;ee, were our King an heathen, an Idolater, an unju&s;t, or perjured per&s;on, yet he is Gods ordinance upon his people; God &s;o acknow|ledges wicked Princes to be, nay commands obedience to them, le&s;t we be temporally de&s;troyed: Nay, more then that, le&s;t we receive to our &s;elves damnation: What then? &s;hall I &s;weare not to &s;erve, ho|nour, &s;ubmit unto, and obey my mo&s;t Gracious Sovereigne Lord King <HI>Charles,</HI> a Chri&s;tian King, and anointed, crowned; nay my naturall King, as religious, ju&s;t pious, vertuous, mercifull, and wi&s;e a King as ever reigned over this Realme of <HI>England,</HI> or at this time lives in the world, without di&s;paragement to any Prince, or Poten|tate now living upon the face of the whole earth: Marry God for|bid, for feare I receive unto my &s;elfe damnation: No, I will with St. <HI>Peter,</HI> 1 Pet. 2. 17. <HI>Feare God, honour the King;</HI> which words import a mo&s;t holy ordinance, eternall, and indi&s;pen&s;able, and by us for no ordinance of man what&s;oever to be omitted, or by any Law to be di&s;charged: thus much in generall touching the duty that e|very Subject owes to his King by the Laws of God.</P>
<P>But if it be objected, that the&s;e generall precepts inforce no|thing in this particular ca&s;e of the Negative Oath.</P>
<P>I an&s;wer, they doe very pregnantly, for the words of the Ne|gative Oath are the&s;e, <HI>I. A. B.</HI> doe &s;weare from mine heart that I will not directly, nor indirectly adhere unto, or willingly a&s;&s;i&s;t the
<PB N="14" REF="9">
King in this War, or in this Cau&s;e again&s;t the Parliament: In which words there is an inhibition of that duty to my King, which by Gods Law and his holy Word I am enjoyned to performe to|wards him: and if I &s;weare this oath, I re&s;traine my &s;elfe thereby in part of that &s;ubjection and obedience which is due from mee to my Sovereigne; for it doth not appeare by the Scriptures afore mentio|ned, nor by any other that I know, that there is any ca&s;e what&s;o|ever excepted, wherein I ought not to pay tribute, cu&s;tome, feare, or honour to my King; But in this ca&s;e I engage my &s;elfe by mine oath not to adhere, or willingly a&s;&s;i&s;t the King in this Warre, or in this Cau&s;e again&s;t the Parliament; which is as much to &s;ay, as I &s;hall not pay him that is due to him by the Law of God and injunction of the Scriptures: If it bee objected that the Scripture bindes mee not to a&s;&s;i&s;t the King, or adhere unto him in matter of War: I an&s;wer, it doth, though not in direct words, yet in full effect and &s;ub&s;tance: for within the precept of Peter 2. 17. <HI>Feare God, honour the King,</HI> And by the fir&s;t Commandement of the &s;econd Table, honor thy father and thy mother is included all manner of aid and a&s;&s;i&s;tance due to a King both in warre and peace, which I prove thus: The <HI>Geneva</HI> notes, which I follow in the interpretation of Scriptures being mo&s;t authenticall of any in the&s;e times of Reformation, commenting upon the 20 <HI>Ezek.</HI> 12. on the&s;e words, <HI>Honour thy father and thy mother,</HI> expre&s;&s;e that by the parents al&s;o is meant all that have authority over us, wherein the King is included: and upon the 5 Chapt. of Deut. 16. ver&s;e upon the &s;ame words, glo&s;&s;e thus; not for &s;hew, but with true obedience, and with due reverence; and upon the 15. Chap. of <HI>Matth.</HI> and 4. ver&s;e, where our ble&s;&s;ed Saviour reproves the Jewes for not ob&s;er|ving this Commandement by offering their Corban, which in their ca&s;e was much like this Negative Oath in ours, &s;aith thus unto them: <HI>Honour thy father and thy mother, and he that cur&s;eth father or mother, let him dye the death; but yee &s;ay, who&s;oever &s;hall &s;ay to father or mother by the gift that is offered by me, thou maie&s;t have profit, though he honour not his father or mother &s;hall be free, thus have you made the Commandement of God of none effect by your traditions: O hypocrites, E&s;aiah well prophe&s;ied of you &s;aying, This people draweth neare unto mee with their mouth, and honour me with their lips, but their heart is farre from me, but in vaine they wor&s;hip me, teaching for doctrine mens precepts.</HI>
<PB N="15" REF="9">
The Geneva notes &s;ay, that by honour is meant all kinde of duty which children owe to their parents, and what that is, both <HI>Arias Mountanus</HI> and <HI>Vatablus</HI> upon the &s;ame place interpret, that, <Q><HI>Ho|narare e&s;t omni in memento &s;upportare vel &s;u&s;tentare,</HI> to honour is to &s;upport and helpe with all manner of aid or a&s;&s;i&s;tance what&s;o|ever;</Q> by which places of Scripture, and the approved interpre|tations thereupon, it is manife&s;t, that both by the fir&s;t Commande|ment of the &s;econd Table, and by the precepts of our ble&s;&s;ed Savi|our, and his Apo&s;tles, we ought to aid and helpe the King with all manner of aid and a&s;&s;i&s;tance what&s;oever, &s;uch as we ought to yeeld to our parents, if they were a&s;&s;aulted, or in di&s;tre&s;&s;e, unle&s;&s;e as the hypocriticall Jewes did make the Commandement of God of none effect, by offering a gift to the Temple, which they called Corban, and by taking an oath that they were not bound by that gift to help, honor, or aid their father and mother, but that they might have pro|fit by that gift, &s;o &s;hall we make the Law of God, and precepts of our ble&s;&s;ed Saviour and his Apo&s;tles of none effect, by this tradition of men. This Negative Oath, which would ab&s;olve us from our duty of &s;ubjection &amp; obedience to our King, as if this oath were to his profit. If we &s;hould not aid him or a&s;&s;i&s;t him, where is our feare, where is our honour, where is our tribute, where is our &s;ubjection? &s;hall we take upon us where the Scriptures enjoynes us duties in generall? to &s;ay, the Scriptures requires not this or that particular at our hands, where tho&s;e particulars included are in the generall.</P>
<P>But here it may be objected, that the Kings warre again&s;t the Parliament is unlawfull, and the Scriptures binde me not to the per|formance of any unlawfull thing, therefore I may &s;afely take this oath: To this I an&s;wer, I will not take upon me to determine the que&s;tion of the lawfulne&s;&s;e or unlawfulne&s;&s;e of the Warre, but leave that to the judgement of God Almighty, who will one day determine on which &s;ide the ju&s;tice of this War doth remaine: but this I know, that it is lawfull for the King being invaded, to defend him&s;elfe, and that his &s;ubjects in &s;uch a ea&s;e are bound to a&s;&s;i&s;t him: And if I bee per&s;waded in my con&s;cience, that the right of this war is on the Kings &s;ide, I am bound to a&s;&s;i&s;t him in it, whether the right be with him or not: And this al&s;o I know, that the head is over the mem|bers, and not the members over the head; and that I al&s;o, and all his other &s;ubjects ought to performe, if not active, yet pa&s;&s;ive obe|dience
<PB N="16" REF="10">
to him in all cau&s;es, at all times, and in all places what&s;oever. Furthermore, the Prophet <HI>Jer.</HI> &s;aith, Jerem, 4. 2. Thou &s;halt &s;weare in truth, in judgement, and in righteou&s;ne&s;&s;e, <Q>Every oath ought to have the&s;e three &s;peciall quallities, it ought to be made in truth, in judgement, and in ju&s;tice, whereunto is oppo&s;ed fal&s;ehood, ra&s;h|ne&s;&s;e, and unlawfulne&s;&s;e; &s;o that if the Negative Oath have any defect in any of the&s;e three particulars, we are to lay it a&s;ide, and not to take it as being unlawfull: The nature of an oath is as a bond, for God him&s;elfe declares, Numb. 30. 3. He that &s;weareth an oath, and by it bindeth his &s;oule, with a bond &s;hall not violate his word, but doe according to all that proceedeth out of his mouth,</Q> which is as much to &s;ay that he &s;hall not take the name of God in vaine; &s;o that hereby I am bound if I take this Oath to performe it according to the letter, and not to evade it by &s;aying, I take it in mine owne &s;en&s;e with a mentall re&s;ervation, but I mu&s;t doe it according to all that proceedeth out of my mouth, &amp; if &s;o, then do I ab&s;olutely &s;wear again&s;t that duty that I am enjoy|ned to by the Scriptures, for I &s;weare not to adhere to, or a&s;&s;i&s;t the K. in this War or this Cau&s;e, directly or indirectly, &s;o that I may nei|ther aid him in word or deed, nay not &s;o much as pray for his health or &s;ucce&s;&s;e, nor for the &s;afety of his per&s;on, that under him we may lead a quiet and peaceable life in all godline&s;&s;e and hone&s;ty; though the Apo&s;tle S. <HI>Paul</HI> exhorts us in 1 Tim. 2. 2. to pray for Kings to that purpo&s;e: Nay, by mine oath I am obliged, if I meane to keep it, to &s;tand by, and &s;ee any &s;ouldier in the Parliaments Army to kill him, and may not a&s;&s;i&s;t him to re&s;cue his life; wherefore if I doe ob&s;erve this Oath, I take it not in truth, but to an unju&s;t and unlawfull end, and therefore take it not in ju&s;tice and righteou&s;ne&s;&s;e. Secondly, if I under&s;tand not what u&s;e may be made of this oath, or what I &s;hall be inforced to by it, I take it not in judgement but ra&s;hly and unad|vi&s;edly, and therein commit a grievous &s;inne. Now I know not, as this Oath is penned, what interpretation may be made of it, for if I take it, I &s;weare that I will not directly nor indirectly adhere unto, or willingly a&s;&s;i&s;t the King in this Warre or in this Cau&s;e again&s;t the Parliament, nor any forces rai&s;ed again&s;t th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">t wo Hou&s;es of Parlia|ment in this Cau&s;e or War. Fir&s;t, I know what will be interpreted an indirect adhering to the King, or a&s;&s;i&s;ting of him. Secondly, I know not what is meant by this Cau&s;e, or how far it may be exten|ded.
<PB N="17" REF="10">
Thirdly, I know not in what &s;en&s;e they take the&s;e words again&s;t the Parliament, whether they include the per&s;on of the King within the word Parliament, or his power only excluding his per&s;on: neither doe I under&s;tand what is meant by any forces rai&s;ed again&s;t the two Hou&s;es of Parliament, there being now no &s;uch forces in the Kingdome, and the War at an end; therefore under&s;tanding not the extent of the&s;e particulers, I &s;weare ra&s;hly, and therein commit a &s;inne of pre&s;umption if I take it: And la&s;tly, if I take this oath, I &s;weare to an unju&s;t and un|lawfull end; for I &s;weare to withdraw mine obedience, &s;ubjection and allegiance from him, which is an unju&s;t and unlawfull thing, and to an ill end, the &s;ame being due unto him by the Law of God, as before is declared by the Law of nature, the Law of the land, and the law of rea|&s;on, as hereafter &s;hall be proved.</P>
<P>To conclude this point, in taking of Oaths we ought to take heed, that we ob&s;erve the&s;e rules of the learned Fathers, that is, as to Oaths which we take voluntarily, and not by coertion, or by any impul&s;ive ne|ce&s;&s;ity: <Q><HI>Ita jurare, ut &s;acramentum pietatis, ne &s;it vinculum iniquita|tis:</HI> &s;o to &s;weare that the Oath or Sacrament of godline&s;&s;e which wee take, become not a bond of iniquity to our &s;oules, thereby to engage us in things unju&s;t and unlawfull, both again&s;t the Lawes of God and men: And if we take ra&s;h Oaths, to doe an evill thing, <HI>penitenda pro|mi&s;&s;io non perficienda pre&s;umptio,</HI> we mu&s;t repent of our oath, and not commit the evill, and if we are inforced to &s;weare that which is unju&s;t and unlawfull, and again&s;t the Lawes of God and men, wee conceive our &s;elves not bound thereby, for <HI>Inju&s;ta vincula rumpit ju|&s;titia,</HI> Ju&s;tice and equity breaks the bonds of &s;uch an Oath from our con&s;ciences: It being a certaine Axiome in Divinity, <HI>Quod per &s;a|cramentum non tenemur ni&s;i ad bonum, aut legale:</HI></Q> By Oaths men are bound to the performance of nothing but what is good and lawfull: Now to manife&s;t that this Oath is again&s;t the Law of nature, we are to<NOTE PLACE="marg">Negative Oath a|gain&s;t the Law of nature.</NOTE> con&s;ider what the Law of nature is, which we finde among the learned to be di&s;tingui&s;hed into two kindes, generall and &s;peciall: This gene|rall by <HI>&V;lpian de Ju&s;titia &amp; Jure L. 1. tit.</HI> 1. is thus defined, <Q><HI>Jus natu|rale e&s;t, Quod natura omnia Animalia docuit:</HI> Naturall Law is that which nature hath taught all creatures living,</Q> which he di&s;tingui&s;heth thus from the &s;peciall: <HI>Jus i&s;tud non humani generis proprium &s;ed omni|um animalium, Quae terra marique na&s;cuntur, avium quoque commune e&s;t,</HI> The Law of Nature (&s;aith he) is not proper to man alone, but the
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&s;ame is common to all living creatures, as well to birds as to tho&s;e which the Land &amp; the Sea produceth; and agreeable to this is the de&s;crip|tion of the Law of Nature, &s;et downe by learned and reverend <HI>Hooker,</HI> in his fir&s;t booke of Eccle&s;ia&s;ticall pollicie, whereby he calls it, <Q>That manner of working which God hath &s;et for each created thing to keep, he being a director of infinit knowledge, to guide nature in her wayes:</Q> But I meane not that this Negative Oath is again&s;t this generall Law of nature, but there is a more &s;peciall Law of nature proper to mankinde only, which will &s;teere us to the que&s;tion in hand: which &s;peciall Law of nature proper to men, St. <HI>Augu&s;tine</HI> in his Epi&s;tle <HI>ad Hil.</HI> 89. <HI>&amp; in Evangelium Johanes</HI> Tract. 49. defines thus, <Q><HI>Lex naturalis e&s;t impre&s;&s;io divini luminis, in nobis &amp; participatio legis aternae in rationali Crea|tura:</HI> The Law naturall, &s;aith he, is the impre&s;&s;ion of divine light in us, and a participation of the eternall Law in the rea&s;onable creatures,</Q> which di&s;tinction is &s;trengthened by that expo&s;tulation which <HI>Mo&s;es</HI> makes in the per&s;on of God with <HI>Cain,</HI> before any Law written, <HI>Gen.</HI> 4. 7. If thou do&s;t well &s;halt thou not be accepted, &amp; if thou do&s;t not well, &s;in lyeth at the doore? for &s;o is the Law of nature imparted unto us by il|lumination of the Law eternall: that this is mo&s;t cleare, St. <HI>Paul</HI> wit|ne&s;&s;eth unto us, <HI>Rom</HI> 2. 15. 14. For when the Gentiles (&s;aith hee) which have not the Law, doe by nature the things contained in the Law, the&s;e having not the Law, are a law unto them&s;elves; which &s;hew the works of the Law written in their hearts, their con&s;cience al&s;o bea|ring witne&s;&s;e, and their thoughts mean while excu&s;ing or accu&s;ing them; what other thing was this, but the Law of nature, or the im|pre&s;&s;ion of divine light in the hearts of the Gentiles? which doctrine of St. <HI>Paul</HI> reproves the opinion of tho&s;e, who thinke that what&s;oever proceedes of nature is &s;inne, for if &s;o it were, that what&s;oever proceeds of nature is &s;infull, how could the con&s;ciences of the Gentiles bear wit|ne&s;&s;e for them, or excu&s;e them of the breach of the Law? Therefore St. <HI>Augu&s;tine</HI> in his third booke <HI>de doctrina Chri&s;tiana, Cap.</HI> 14 &s;aith, <Q><HI>Omne vitium naturae nocet, ac per hoc contra naturam e&s;t,</HI> every vice doth wrong to nature, and is therefore contrary to it;</Q> and in his 12. booke <HI>de Civitate Dei, Cap.</HI> 1. he &s;aith, <Q><HI>Omnia peccata &s;unt in univer|&s;um contra naturam &amp; legem naturae:</HI> All &s;ins are generally again&s;t rea&s;on, and the Law of nature:</Q> And <HI>Dama&s;cene, L. 2. fidei Orthodox: Cap.</HI> 30. agrees in this with him; for &s;aith he, <Q><HI>Homines facti &s;unt mali declinando in id quod contra naturam e&s;t,</HI> Men are made evill by decli|ning
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to that which is contrary to nature:</Q> Nature therefore is Gods in&s;trument, and none other is her guide, but only the God of nature: for as S. <HI>Paul</HI> &s;aid in his Sermon at&punc; Athens when he found an altar dire|cted to the unknown God, <HI>Act.</HI> 17. 28. in him we live, and move, &amp; have our being, being al&s;o of his off-&s;pring as he told them: their owne Poets &s;aid, whereby it is clearly proved, that though the Athenians being Gentiles, and a&s;cribing the being of all things to the Law and cour&s;e of nature; yet St. Paul could finde out another hand in tho&s;e workes be&s;ides nature, to whom nature was only &s;ub&s;ervient, and an handmaid to o|bey his eternall Law, decree, and purpo&s;e according to that order hee hath &s;et downe for the &s;onnes of men for ever to bee ob&s;erved. This &s;hort digre&s;&s;ion I have made only to take away this objection that ma|ny make, That we are not bound to ob&s;erve the Lawes of nature, and al&s;o to let them know that the Law of nature is to bee ob&s;erved, and that as being a participation of the eternal Law, it is both perpetuall and unalterable, and not pre&s;umptuou&s;ly to be violated: The con&s;ideration whereof moved <HI>Pythagoras</HI> the heathen Philo&s;opher to publi&s;h among&s;t his golden precepts, this one, <Q><HI>nil turpe committas, neque coram aliis, neque tecum maxime omnium, verere teip&s;um,</HI> commit nothing foule or di&s;hone&s;t, &s;aith he, neither to be known to others, nor to thine own heart, but above all things, reverence thine owne con&s;cience:</Q> but to draw &s;omewhat nearer to the thing in purpo&s;e, and to prove that this Ne|gative Oath, is again&s;t the Law of nature, I mu&s;t ob&s;erve with <HI>Hooker,</HI> that as there is a Law naturall belonging to men, as they are men in their kinde, which Law directeth them in the means whereby they are to &s;teere their actions as to their owne particular pre&s;ervations, &s;o there is a Law naturall which toucheth them as &s;ociable parts united into one body, a Law which bindeth them to &s;erve unto each others good, and all to pre&s;erve the good of the whole, before what&s;oever their owne particular, and from both tho&s;e roots or branches of the Law of nature, &s;prings the allegiance, &s;ubjection and loyall obedience, which is due from a &s;ubject unto his King, from this &s;peciall Law of nature? Man by the impre&s;&s;ion of divine light is bound to ob&s;erve the Law naturall, as it is written in his heart, and is part of the Law eter|nall by which we are bound to obey, and &s;uccour, and a&s;&s;i&s;t our Parents, whether our naturall parents, or the parents of our Country; and from this relative Law of nature, as I may &s;o call it, or the Covenant of nature whereby we are bound as &s;ociable parts by the Law of nature united
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into one body for the pre&s;ervation of the whole, the &s;ubject to obedi|ence, faith, and allegiance, the King to protection, and to maintaine the Laws, bodies, and goods of his &s;ubjects, and both together to maintaine the peace of all; as <HI>Forte&s;cue</HI> in his booke of the prai&s;e of the Lawes of <HI>England,</HI> Cap. 13. ob&s;erves; and therefore <HI>Glanvil</HI> who wrote in <HI>Hen.</HI> 2. time. L. 9. Cap. 4. &s;aith, <Q><HI>Mutua debes e&s;&s;e domini &amp; fidelitatis con|nexio, ita quod quantum debet qui&s;que domino ex homagio, tantum de|bet illi dominus ex domino praeter &s;olam ex reverentiam</HI> the knot of faith ought to be mutuall between the Lord &amp; his &s;ubject or tenant; for look how much &s;ubjection or obedience the tenant or &s;ubject owes to his Lord, &s;o much doth the Lord owe to his tenant by way of protection, reverence excepted;</Q> which knot <HI>Ari&s;totle</HI> in his fir&s;t book of Politicks proves to be the duty of nature; for &s;aith he, <Q>To command and obey is of nature, for what&s;oever is nece&s;&s;ary and profitable for the pre&s;er|vation of the &s;ociety of man is due by the Law of nature.</Q> Now <HI>Tully lib. 3. de legibus</HI> tells us, that <Q><HI>&s;ine imperio nec domus ulla, nec ci|vitas, nec gens, nec hominum univer&s;um, genus &s;tare, nec ip&s;e denique mundus pote&s;t;</HI> which is, That without command or government, neither any hou&s;e, nor City, nor Nation, nor mankinde, nor to con|clude, the world cannot &s;tand:</Q> but peradventure that will be con|fe&s;&s;ed, and yet it will be denied that the world cannot &s;tand without Monarchy, and objected that Monarchy is not that government that ought to be by the Law of nature: to which I an&s;wer with <HI>Ari&s;totle,</HI> in his fir&s;t booke of Ethicks, That <Q><HI>Jus naturale e&s;t quod apud omnes ho|mines eandem, habet potentiam,</HI> That is, the Law of nature which with all men hath the &s;ame power:</Q> Now as <HI>Ari&s;totle</HI> in his fir&s;t booke of his Politicks, <HI>Cap.</HI> 3. and <HI>Plato</HI> in his third book of Laws, jump in this opinion that in the fir&s;t beginning of time, the chiefe&s;t per&s;on in every hou&s;e was alwaies as it were a King; &s;o when numbers of hou&s;holds joyned them&s;elves together, in civill &s;ocieties, Kings were the fir&s;t kinde of governours among them, which is al&s;o (as it &s;eemeth) the rea&s;on why Kings have alwayes been, and are to this day called, <HI>patres patriae</HI> or fa|thers of their Country: and it is not unknowne to any man learned in Antiquity, Hi&s;tory, or Chronologie that it was 3198 years after the crea|tion before any Law was written or given in the world, according to the computation of <HI>Io&s;eph Scaliger</HI> by the Julian account; The Law being given in that year, and delivered by God unto <HI>Mo&s;es</HI> on Mount Sinai, and whether the old world before the floud were governed by
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Kings, it is di&s;putable; but &s;ure I am that <HI>Nimrod</HI> the &s;onne of <HI>C<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;h,</HI> the &s;on of <HI>Cham,</HI> the &s;onne of <HI>Noah,</HI> was a King; for I finde <HI>Gen.</HI> 10. 10. that the beginning of his Kingdome was <HI>Babel,</HI> and <HI>Erech,</HI> and <HI>Accad,</HI> and <HI>Calneh</HI> in the Land of <HI>Shinar,</HI> and according to the computation afore&s;aid, 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 <HI>Samuel, 1 Sam.</HI> 8. 5. <Q>And they &s;aid unto him, behold thou art old, and thy &s;ons walke not in thy wayes, make us now a King to judge us like all Nations:</Q> And we &s;ee it yet continued to this day among all the Gentiles &amp; heathens upon the earth; by which &s;ort of people, above twenty parts of thirty of the knowne world are now inhabited: That the only government of each &s;everall Na|tion among them is Monarchy, and much more &s;ubjection and al|legiance performed by the heathen &s;ubjects to their Gentile Kings, then is among&s;t us towards ours; which is a full argument to mee that Monarchy is not only a divine ordinance or in&s;titution of God Almighty from the beginning, and a branch of the Law of nature, but al&s;o the be&s;t of governments too, becau&s;e tho&s;e 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 Philo&s;opher afore remembred, <Q><HI>Jus naturale e&s;t quod apud omnes homines eandem habet potentia,</HI></Q> which induces me to affect the opinion the more, becau&s;e I &s;ee the Gentiles ever &s;ubmit|ted to Monarchy call regiment; for with Monarchy I &s;ay, <Q><HI>non pote&s;t error contingere ubi omnes idem opinantur:</HI></Q> And with <HI>Tele&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"></HI> <Q><HI>non licet naturale univer&s;aleque hominum judicium fal&s;um vanumque exi&s;tima|re,</HI> an error of judgement cannot be where all men are of the &s;ame opinion, and we ought not to e&s;teeme the univer&s;all judge|ment of naturall men to be fal&s;e and vaine.</Q> But I will dwell no longer upon the fringe of this particular, but make this point evi|dent by the Laws of this Kingdome, which are a part of natures Law, That this Oath is again&s;t the Law of nature, and for that Cau&s;e only, that if I take it, I am thereby withheld from the execu|tion of mine allegiance, whereby I make violation of natures Law;
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To make this cleare and evident, it appeares unto us by <HI>Calvins</HI> Ca&s;, recorded in the &s;eventh part of Sir <HI>Edwards C<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">ks</HI> Reports, that there are in our Law foure kinds of allegiance; the fir&s;t <GAP DESC="illegible" RESP="apex" EXTENT="1 span">all, which is due from every &s;ubject bo<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">e within his Maje&s;ties domi|nions, to his Maje&s;ty as to his Sovereigne Lord and King. The &s;e|cond is <HI>ligeantia legalis,</HI> or legall Allegiance, which is due by every &s;ubject to the King by rea&s;on of his &s;uit Royall, and this is not natu|rall, but created by King <HI>Arthur</HI> for expul&s;ion of the Sarazens, and continued after by others for the Danes exile, and is proper for the &s;uppre&s;&s;ing of in&s;urrections, and expelling invaders. The third is, <HI>Ligeantia acqui&s;itia,</HI> or purcha&s;ed allegiance, which comes by inde|nization. The fourth and la&s;t, is locall allegiance and that is due from &s;trangers, friends to Kings, whil&s;t they are in their dominions. I meddle not with the two la&s;t, and omit for brevity &s;ake, and be|cau&s;e I &s;hall not need to draw any argument from it, to helpe my &s;elfe withall, to &s;peake any thing of legall allegiance: But for na|turall allegiance, it is ab&s;olute pure and indefinite, that &s;uch an al|legiance there is as naturall, if you read the indictment of the Lord <HI>Dacres, 26. H.</HI> 8. you &s;hall finde it runne thus, <HI>Quod praedictus Do|minus Dacre debitum fidei &amp; ligeantiae &s;uae quod prefato Domini Regi naturaliter &amp; de jure impendere debuit minime, &amp;c.</HI> which in Engli&s;h is thus, That the afore&s;aid Lord <HI>Dacre</HI> not regarding the duty of his faith and Allegiance, which he did naturally and of right owe to, and ought to pay to King <HI>Henry</HI> the 8. &amp;c. And Cardinall <HI>Poole 30. H.</HI> 8. being likewi&s;e indicted of Trea&s;on, <HI>Contra dominum Regem &s;upremum &amp; naturalem Dominum &s;uum,</HI> that is again&s;t the King his naturall and &s;upreame Lord; which indictments prove a naturall Allegiance to be not only due, but of right due from every &s;ubject to his &s;overeigne King, and as this allegiances is naturall, &s;o is it ab&s;o|lute, &s;o is it pure, and indefinite, <Q><HI>Quia nullis clau&s;tris coercetur nullis metis refraenatur, nullis finibus premitur,</HI> it ought not to bee con&s;trained or bridled with any bonds, nor re&s;trained to any place;</Q> 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 &s;hould gaine his liberty, freedome of e&s;tate and honour or advancement unto the bargaine; for St. <HI>Au|gu&s;tine</HI>
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<HI>&s;aith,</HI> <Q><HI>nemo jure naturae cum alterius detrimento locupletior fieri debet,</HI> no man by the Law of nature ought to be made richer by the lo&s;&s;e of another;</Q> but if I withdraw mine allegiance, the King hath lo&s;t a &s;ubject, therefore I may not doe it, neither can the King re|lea&s;e it to any of his &s;ubjects, it being an in&s;eparable accident ad|herent in the per&s;on of a King, and is due, <HI>omni &s;oli &amp; &s;emper,</HI> to e|very King under heaven from his owne naturall &s;ubjects: It is due to every King, and alwaies to Kings, and only to Kings by the Law of nature: <Q>And it is only due to his per&s;on, and not to his office, which is only imaginary and invi&s;ible, and no where formally to be found but in his per&s;on, as by the &s;aid ca&s;e of <HI>Calvin</HI> more fully appeares:</Q> Hereupon I conclude, that allegiance being due by the Law of nature to the Kings per&s;on, and that I neither can ab|jure it, nor alien it, or withdraw it from him, nor he relea&s;e 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 manife&s;t injury both to my &s;elfe and Sovereigne King, <HI>Quia jura natura &s;unt immutabilia,</HI> the Lawes of nature are immutable, as be|fore is ob&s;erved, and is plainly held forth by <HI>Bracton, L. 1. cap. 6. &amp; Docter &amp; Stud. cap.</HI> 5. 6. And &s;o from this point of the Law of nature,<NOTE PLACE="marg">Negative Oath is a|gain&s;t the Law of England.</NOTE> I come to &s;hew that this Negative Oath is ab&s;olutely again&s;t the knowne, &s;etled, and e&s;tabli&s;hed Laws of the Land: the rea&s;on is, be|cau&s;e if I take it &amp; 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 &s;o 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 &s;ometimes it is called <HI>fides</HI> or faith, as <HI>Bracton l. 5. Tract. de exceptionibus cap. 24. fol.</HI> 427. And &s;o <HI>Fleta l. 6. cap. 47. Alienigena repelli debet in Anglia ab agendo donec fuerint ad fidem Regis Angliae,</HI> Aliens ought to be kept from acting in <HI>England</HI> till they &s;hall be of the allegiance of the King, that is by endenization: &s;o <HI>Glanvil l. 9. cap. 1. Salva &s;ide debita domino Regi &amp; heredibus &s;uis,</HI> That is, &s;aving our faith or allegiance due to the King and his heires: &s;o <HI>Littleton l.</HI> 2. in <HI>chap. Homage,</HI> where I doe my homage to my Lord, <HI>Salve le foy du a no&s;tre &s;enior le Roy,</HI> &s;aving the faith which I owe to our Lord the King; and in the Statute of 25. <HI>E. 3. De natis ultra mare,</HI> the&s;e words (faith and allegiance) are coupled together as &s;ignify|ing one thing; &s;ometimes it is called <HI>obedientia Regis,</HI> our obedience
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to the King, as in the bookes of 9. <HI>E. 4. 6. 7. 2 R.</HI> 3. 2. And in the Statutes of <HI>H. 8. 14. cap.</HI> 2. and 22. <HI>H.</HI> 8. 8. and in the booke of 22. <HI REND="margQuotes"><HI>A&s;&s;. pl.</HI> 25. it is called ligealty, but by what name &s;oever it bee called, whether faith, obedience, ligealty, or allegiance, all is one,</HI> it is due &s;till from us &s;ubjects to our &s;overeigne Lord the King: by the Statute of 10 <HI>R. 2. cap.</HI> 5. and 11. <HI>R&punc; 2. cap. 1. 14. H. 8 cap.</HI> 2. and many other, the people are called liege people; and by the Sta|tute of 34. <HI>H. 8. cap.</HI> 1 and 35. <HI>H. 8 cap.</HI> 3. and divers other, the King is &s;tiled liege Lord of his &s;ubjects, and the&s;e that are bound under the Kings power are called his naturall leige-men, as in the 4. <HI>H. 3. Fitz.</HI> title Dower, and 11. <HI>E. 3. cap.</HI> 2. So that I may conclude upon the&s;e authorities, that <HI>Ligeantia e&s;t vinculum fidei domin<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Regi,</HI> our alle|giance is the bond of our faith to the King; which being &s;o, wee may well &s;ay of it as Sir <HI>Edward Cooke</HI> doth, that <Q><HI>ligeantia e&s;t legis e&s;&s;entia,</HI> our allegiance is the e&s;&s;ence of the Law,</Q> and &s;o it hath been often and &s;undry times declared by many &amp; &s;undry, wi&s;e, temperate and well advi&s;ed Parliaments of <HI>England.</HI> The government of Kings in this I&s;le of Britain, hath been very ancient, even as ancient as Hi|&s;tory it &s;elf; for tho&s;e who deny the &s;tory of <HI>Brutus</HI> to be true, doe finde out a more ancient plantation here under Kings, namely under <HI>Samothes</HI> grandchilde to <HI>Japhet</HI> the &s;on of <HI>Noah,</HI> from whom the ancient Britaines that inhabited this Land, are according to their conceits de&s;cended: Kings or Monarchs of great Britaine had and did exerci&s;e far more large and ample power, and did claime greater Prerogatives over the people under their government and juri&s;diction, then the Kings of <HI>England</HI> have done &s;ince the Norman conque&s;t, as it is to be &s;een at large both in the Britti&s;h Chronicles and records of the&s;e times, and in our Engli&s;h hi&s;tories, and may al|&s;o be gathered out of the writings of the Romans who invaded this I&s;land, and lived here upon the place: <HI REND="margQuotes">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 plea&s;ure, but that the Kingly govern|ment and right of the Crowne, de&s;cended alwayes by hereditary de&s;cent and &s;ucce&s;&s;ion, though in that infancy of Law and right it may be &s;u&s;pected that there was not &s;o much regularity of ju&s;tice or ob&s;ervation of right, as in the&s;e latter &amp; more refined ages hath or ought to be:</HI> I may boldly affirm, and it cannot be denyed by any <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">at hath read all the Chronicles and Statutes of this Realme, that
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there hath beene any King of England &s;ince the conque&s;t, that hath not beene acknowledged by both hou&s;es of Parliament, of their &s;everall times, to be &s;overaigne Lords of this Realme, and their &s;overaigne Lords too, although that &s;ome of tho&s;e Kings were onely <HI>Reges de facto,</HI> and not <HI>de jure,</HI> Kings onely in fact and not of right, and &s;uch as by the Lawes of England had no right to the Crowne; and all the Parliaments &s;ince the conque&s;t, 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; &s;ome of the&s;e Parliaments, in more expre&s;&s;e and perticular manner then the re&s;t: and they of later times, more amply then the ancient. By the &s;tatute called <HI>Dictum de Kenilworth,</HI> made 51. <HI>H.</HI> 3. King <HI>Hen.</HI> 3. is acknowledged to be Lord of the Realme, in the &s;tatutes made at <HI>Glouce&s;ter,</HI> in the &s;ixth yeare of the raigne of King <HI>E.</HI> 1. King <HI>Edw.</HI> 1&punc; is acknow|ledged by the Parliament, to bee their &s;overaigne Lord, and &s;o was King <HI>Edw.</HI> 2. King <HI>Edw.</HI> 3. King <HI>Rich.</HI> 2. and all the Kings &s;ince, by all Parliaments held in their &s;everall raignes; as to the &s;tudious Reader of the Acts of Parliament, made in their &s;everall times will appeare: by a Parliament held at <HI>We&s;tmin&s;ter, Anno 7. Edw.</HI> 1. <Q>It is acknowledged to belong to the King through his royall &s;igniory, &s;treightly to defend force of armour and all o|ther force again&s;t the peace of the kingdome, at all times when it &s;hall plea&s;e him, and to puni&s;h them which &s;hall do contrary, according to the lawes and u&s;ages of this Realme, and that thereunto they were bound to ayde him, as their &s;overaigne Lord, at all &s;ea&s;ons when need &s;hould be:</Q> In the raigne of King <HI>Edw.</HI> 2. The two <HI>Spencers, Hugh</HI> the father, and <HI>Hugh</HI> the &s;onne, to cover the trea&s;on hatched in their hearts, invented this dam|nable and damned opinion, as it i<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> &s;tiled in <HI>Calvines</HI> ca&s;e: <Q>That homage and oath of legeance, was more by rea&s;on of the Kings Crowne (that is his politique capacity) then by rea&s;on of the per&s;on of the King, upon which opinion, they inforced exe|crable and dete&s;table con&s;eque<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">s. Fir&s;t, that if the King do not demeane him&s;elfe by rea&s;on, in the right of his Crowne, the Peers are boundly oath to remove the King. Secondly, &s;eeing the King could not be removed by &s;uit of law, that ought to be done by A&s;pertee, which is as much as to &s;ay, by force, and
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war. Thirdly, that his Lieges were bound to governe in ayde of him, and in default of him: All which opinions were con|demned by two Parliaments; one held in the raigne of King <HI>Edward</HI> the &s;econd; the other in the fir&s;t yeare of King <HI>Edward</HI> the third,</Q> <HI>cap.</HI> 1. as by the old printed &s;tatutes appeares: by the &s;tatutes of 25. <HI>Edw. 3. cap.</HI> 2, It is ordained, that if a man &s;hall com|pa&s;&s;e or imagine the death of our &s;overaigne Lord the King, or of my Lady his Queene, or of his elde&s;t &s;onne; or if any man levy warre again&s;t the King in his Realme, or bee adhered to the Kings enemies, giving to them ayde or comfort in the Realme or el&s;ewhere, &amp;c. It &s;hall be judged Trea&s;on. It is reported to us by Sir <HI>Edward Coke,</HI> in the fourth part of his In&s;titut. called The juri&s;diction of Courts, <HI>pag.</HI> 52. <Q>That <HI>Rot<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">l<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Parliament. Anno&punc; 17. Edw. 3. num.</HI> 23. It was then agreed in Parliament, that the &s;tatute made, 15. <HI>Edw.</HI> 3. &s;hould be repealed, and lo&s;e the name of a &s;tatute, as contrary to the Lawes and prerogative of the King.</Q> It appeares, <HI>Rot. Parlia. 42. num.</HI> 7. called <HI>Lex <GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> con&s;uetudo Parliamenti,</HI> cited by Sir <HI>Edward Coke,</HI> in the fourth part of his In&s;titutes, <HI>pag. 13. &amp;</HI> 14. <Q>That the Lords and Com|mons in full Parliament, did declare, that they could not a&s;&s;ent to any thing in Parliament, that tended to the di&s;heri&s;on of the King and his Crowne, whereunto they were &s;worne;</Q> By the &s;tatute of 16. <HI>Rich. 2. cap.</HI> 5. King <HI>Richard</HI> the &s;econd, is by the Parliament called their Redoubted &s;overaigne Lord, and the people his liege people; and by Parliament in the body of that Act; <Q>It is acknowledged, that the Crowne of England hath beene &s;o free at all times; that it hath been in &s;ubjection to no Realme, but immediately &s;ubject to God, and to none other in all things touching the regall<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ty of the &s;ame Crownel;</Q> notwith|&s;tanding, that afterwards warres was lovyed again&s;t him by his &s;ubjects, and he was again&s;t all Law and right, depo&s;ed, or en|forced to make a &s;urrender of his Crowne, or at lea&s;t they pre|tended he did &s;o, though &s;ome Hy&s;torians doubt whether he ever con&s;ented to it, being murthered, to make way for King <HI>Hen.</HI> 4. who had very &s;mall pretents to the Crowne, as men learned in the lawes of this Realme have in all time &s;ince held; which kind of di&s;po&s;ing of the Kings per&s;on, I hope and beleeve is not meant by them, and which horrid act&punc; though it gave &s;ome pre&s;ent &s;e|curity,
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to &s;ome particuler per&s;ons that were then active&punc; in his de&s;truction: yet it co&s;t this kingdome in generall very deare, in the expence of blood and trea&s;ure in the &s;ucceeding times, by bloody civill warres, wherein the decay of men by tho&s;e warrs was &s;o great, that many judicious Hi&s;torians are of opinion, that the number of men lo&s;t in tho&s;e warres, was not recruited or made up by a following progeny, till the beginning of King <HI>James</HI> his raigne; and it is to be feared that this blood is not expiated and dryed up in this land: The gates of <HI>Janus</HI> Temple being o|pened, both without the kingdome and within, for the &s;pace of an hundred yeares and upwards, till by Gods great goodne&s;&s;e there came to be an union of the rights of the two hou&s;es of York and Lanca&s;ter to the Crowne of England, in King <HI>Hen.</HI> 7. and Queene <HI>Elizabeth</HI> his wife, though that till neare the middle of his raigne, the &s;word was not altogether &s;heathed; but there were &s;ome counterfeit pretenders to the Crowne, which &s;tirred the uncon&s;tant multitude to &s;undry rebellions, which after &s;ome time of re&s;t from tho&s;e civill broyles, The King, Lords, and Commons in Parliament, upon full experience and con&s;idera|tion of the troubles pa&s;t, 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 com|mon law, thereof to enact and declare in the eleventh yeare of the &s;aid Kings reigne, in the fir&s;t chapter of the &s;tatutes made in Par|liament in the &s;aid yeare, in the&s;e words.</P>
<Q>Anno &V;ndecimo Henrici &s;eptimi.</Q>
<P>The King our &s;overeigne Lord, calling to his remembrance the duty of allegiance of his &s;ubjects of this Realme, and that they by rea&s;on of the &s;ame, are bound to &s;erve their prince, and &s;ove|reigne Lord for the time being in his warres, for the defence of him and the land, again&s;t every rebellion, power, and might, rai&s;|ed again&s;t him, and with him to enter and abide in &s;ervice, in battaile, if ca&s;e &s;o require, and that for the &s;ame &s;ervice, what for|tune ever fall by chance in the &s;ame battaile, again&s;t the minde and will of the Prince, as in this land &s;ometimes pa&s;&s;ed, hath been
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&s;eene, that it is not rea&s;onable but again&s;t all lawes, rea&s;on, and a good con&s;cience, that the &s;aid &s;ubjects going with their &s;ove|reigne Lord in Warres, attending upon him in his per&s;on, or be|ing in other places by his commandement, within this Land or without, any thing &s;hould le&s;e or forfeit for doing their true duty and &s;ervice of allegiance: It is therefore ordeyned, enacted, and e&s;tabli&s;hed, by the King our &s;overeigne Lord, by the advice and a&s;&s;ent of the Lords Spirituall, and Temporall, and Commons in this pre&s;ent Parliament a&s;&s;embled, and by authority of the &s;ame, that from henceforth no manner of per&s;on or per&s;ons what&s;oe|ver he or they be, that attend upon the King and &s;overeigne Lord of this land for the time being, in his per&s;on, and doe him true and faithfull &s;ervice of allegiance in the &s;ame, or bee in other places by his commandement in his Warres, within this Land or without, that for the &s;aid deed and true duty of allegiance, he or they be in no wi&s;e convict, or attaint of high Trea&s;on, ne of o|ther offences for that cau&s;e, by act of Parliament or otherwi&s;e by any proce&s;&s;e of Law, whereby he or any of them &s;hall forfeit life, lands, tenements, rents, po&s;&s;e&s;&s;ions, hereditaments, goods, chattels, or any other things, but to be for that deed and &s;ervice, utterly di&s;charged of any reparation, trouble, or lo&s;&s;e: And if any act or acts, or other proce&s;&s;e of the Law hereafter thereupon for the &s;ame happen to be made contrary to this Ordinance, that then the act or acts or other proce&s;&s;e of Law what&s;oever they &s;hall be, &s;tand and be utterly voyde: provided alway, that no per&s;on or per&s;ons &s;hall take any benefit or advantage by this act, which &s;hall hereafter decline from his or their allegiance.</P>
<P>And Sir, here I de&s;ire to know your opinion in your indifferent judgement upon this Law, whether I need to &s;ue out any pardon, or compound for mine e&s;tate, having done nothing but the duty of myne allegiance to my naturall King.</P>
<P><Q>By the &s;tatute of 24. <HI>Hen. 8. cap.</HI> 12. It is expre&s;&s;ed that by diver&s;e &s;undry old authentique Hi&s;tories, and Chronicles, it is manife&s;tly declared that this Realme of England is an Empire, and &s;o hath been accepted in the World, governed by one &s;u|preame head, and King, having the dignity and royall e&s;tate of the imperiall Crowne of the &s;ame, unto whom a body politick,
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compact of all &s;orts and degrees of people, divided in tearmes and by names of &s;piritualty and temporalty beene bounden, and given, to beare next to God a naturall and humble obedience, he being al&s;o in&s;tituted and furni&s;hed by Gods goodne&s;&s;e, with plenary, whole, and intire power, preheminencie, authority, prerogative, and juri&s;diction, to render and yield ju&s;tice, and finall determination to all manner of folkes, re&s;iants, or &s;ubjects within this Realme, in all cau&s;es, matters, debates, and conten|tions, happening or accruing, within the lymits thereof: By the &s;tatute of 26. <HI>Hen. 8. cap</HI> 1. It is declared in <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">u<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">l Parliament, that King <HI>Henry</HI> 8. was ju&s;tly, and rightfully ought, to be &s;u|preame head of the Church of England, and that he being their Sovereigne Lord, his heyres and &s;ucce&s;&s;ors Kings of this Realme &s;hould be &s;o accepted and taken, and &s;hould have and enjoy, as united and annexed to the imperiall Crowne of this Realme, as well the title and &s;tile thereof, as all honours, dignities, pre|heminencies, juri&s;dictions, priviledges, authorities, immunities, profits, and commodities, to the &s;aid dignitie of the &s;ame &s;upream head of the &s;aid Church belonging or in any wi&s;e appertaining:</Q> Which &s;tatute was confirmed and inlarged in &s;ome perticulars, by the Acts of Parliament of 28. <HI>Hen. 8. cap.</HI> 10. and 35. <HI>Hen 8. cap.</HI> 1. By the Statute of 25. <HI>Hen. 8. cap.</HI> 22. the Parliament moved King <HI>Hen.</HI> 8. to fore&s;ee and provide for the profit and &s;urety both of him&s;elfe and of his mo&s;t lawfull &s;ucce&s;&s;ion, and heyres, upon which depended all their joy and wealth; <Q>and in whom they acknowledged was united and knit the onely meere true inhe|ritance, and title of this&punc; Realme, without any contradiction:</Q> (wherefore wee &s;ay they) your &s;aid mo&s;t humble and obedient &s;ubjects in this pre&s;ent Parliament a&s;&s;embled, calling to remem|brance the great divi&s;ions which in times pa&s;t have beene in this Realme, by rea&s;on of &s;everall titles pretended to the imperiall Crowne of the &s;ame, which &s;ometimes, and for the mo&s;t part en|&s;ued by occa&s;ion of ambiguity and doubts, then not &s;o perfectly declared, but that men might upon froward intents expound them to every mans &s;ini&s;ter appetite and affection after their &s;ence, con|trary to the right legallity of &s;ucce&s;&s;ion, and po&s;terity of the law|full Kings and Emperors of this Realme, whereof hath en&s;ued great effu&s;ion of mans blood, as well of a great number of the
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Nobles, as other of the &s;ubjects of the Realme, &amp;c. By the &s;tatute of 27. <HI>Hen. 8. cap.</HI> 24. intituled, an act for recontinuing of cer|taine liberties and franchi&s;es heretofore taken from the Crowne, it is thus enacted, 27. <HI>Hen.</HI> 8. where diver&s;e of the mo&s;t antient prerogatives and authorities of ju&s;tice appertaining to the impe|riall Crowne of this Realme, have been &s;evered and taken from the &s;ame by &s;undry gifts of the Kings mo&s;t noble progenitors, Kings of this Realme, to the great diminution and detriment of the Royall e&s;tate of the &s;ame, and to the hinderance and great de|lay of ju&s;tice: For reformation whereof, be it enacted by autho|rity of this pre&s;ent Parliament, that no per&s;on or per&s;ons of what e&s;tate or degree &s;oever they be of, from the fir&s;t day of July which &s;hall be in the yeare of our Lord God, 1536. &s;hall have any pow|er or authority to pardon or remit any trea&s;ons, murders, man|&s;laughters, or any kinde of follonies, what&s;oever they be. Not a|ny acce&s;&s;aries to any trea&s;ons, murders, man&s;laughters, or fello|nies, or any utlayers, for any &s;uch offences afore&s;aid, committed, perpetrated, done, or divulged, or hereafter to be committed, done, or divulged, by or again&s;t any per&s;on and per&s;ons, in any part of this Realme, Wales, or the Marches of the &s;ame, but that the Kings highne&s;&s;e, his heyres and &s;ucce&s;&s;ors, Kings of this Realme, &s;hall have the whole and &s;ole power and authority thereof, uni|ted and knit to the imperiall Crowne of this Realme, as of good right and equity it appertaineth; any grants, u&s;ages, pre&s;cription, act or acts of Parliament, or any other thing to the contrary here|of notwith&s;tanding.</P>
<Q>Out of which &s;tatute I collect that no pardon what&s;oever, but the Kings, can free me from his puni&s;hment, if I have of|fended him again&s;t my allegiance; by the reading of which Statute, I doubt not but you will be &s;ati&s;fied, that I neede not take a pardon from both hou&s;es of Parliament; and if I &s;hould I can do my &s;elfe no good by it, but I &s;hould thereby make my &s;elfe a traytor upon Record, to mine owne perpetuall &s;hame and ruine: for every pardon (you know) if it be &s;ued out be|fore conviction, is a confe&s;&s;ion of the fault, and if pardon be not good in law, ye<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> it being a matter of record, the trea&s;on thereby &s;tands confe&s;&s;ed, and the Kings Attourny may in after times take advantage of it, becau&s;e I have confe&s;&s;ed it by &s;uing out the par|don.</Q>
<P><PB N="31" REF="18">And it is al&s;o enacted by the authority of the &s;aid Parliament, that no per&s;on or per&s;ons, of what e&s;tate, degree, or condition &s;oever they bee, from the &s;aid fir&s;t day of July, &s;hall have any power or authority to make any Ju&s;tices of Oyre, Ju&s;tices of A&s;|&s;i&s;e, Ju&s;tices of Peace, or Ju&s;tices of Gaole-delivery, but that all &s;uch officers and mini&s;ters &s;hall be made by Letters patents under the Kings great Seale, in the name, and by authority of the Kings highne&s;&s;e, and his heyres Kings of this Realme, in all Shires, Counties, Counties palatine, and other places of this Realme, Wales, and Marches of the &s;ame, or in any other his dominions, at their plea&s;ure and wills, in &s;uch manner and forme as Ju&s;tices of Eire, ju&s;tices of A&s;&s;i&s;e, ju&s;tices of Peace, and ju&s;tices of Goale-deli|very, be commonly made in every &s;hire of this Realme, any grants, u&s;ages, pre&s;cription, allowance, act, or acts of Parliament, or any other thing or things to the contrary thereof, notwith|&s;tanding.</P>
<P><Q>By the Statute of 1. <HI>Edw. 6. cap.</HI> 2. It is acknowledged that all authority of juri&s;diction &s;pirituall and temporall, is derived and deducted from the Kings Maje&s;tie, as &s;upreame head of the Realme; and that no Eccle&s;ia&s;ticall Court can be held within the Realme, but by authority from his Maje&s;tie.</Q> By the &s;tatute of 5. and 6. <HI>Edw. 6 cap.</HI> 11. It is recited, Fora&s;much as it is mo&s;t nece&s;&s;ary both for common pollicy and duty of the Subjects, a|bove all things, to <Q>prohibit, re&s;traine, and extinct all manner of &s;hamefull &s;landers, which might grow, happen, or ari&s;e to their &s;overeigne Lord the Kings Maje&s;tie, which when they be heard, &s;eene or under&s;tood, cannot but be odible and abhorred of all tho&s;e &s;orts that be true and loving Subjects, if in any point they may doe, or &s;hall touch his Maje&s;ty, upon whom dependeth the whole unity and univer&s;all wealth of this his Realme, &amp;c.</Q> By the Statute made in the &s;econd Parliament, of the fir&s;t yeare of Queene <HI>Mary cap.</HI> 1. <Q>It is acknowledged that the imperiall Crowne of this Realme, with all dignities, honours, preroga|tives, authorities, juri&s;dictions, and preheminences what&s;oe|ver, to the &s;ame united or annexed, were de&s;cended unto Queen <HI>Mary,</HI> and that by force and vertue of the &s;ame, all regall pow|er, dignity, honour, prerogative, preheminency and juri&s;dicti|on, did appertaine, and of right ought to appertaine unto her,
<PB N="32" REF="19">
as to the &s;overaigne &s;upreame governour and Queene of this Realme:</Q> By the &s;tatute of <HI>primo Eliz. cap.</HI> 1. The Queenes right, as belonging to the Crowne of England, and are re&s;tored to her, and the Oath of &s;upremacie enacted and then made; and by another Act made the &s;ame Parliament <HI>cap.</HI> 3. Intituled an Act of Recognition of the Queenes highne&s;&s;e title to the imperiall Crowne of this Realme, <Q>the whole Parliament acknowledgeth the Queenes right to the Crowne by lawfull di&s;cent and &s;uc|ce&s;&s;ion,</Q> both by the lawes of God, and the lawes and &s;tatutes of this Realme, with all the rights, prerogatives, preheminencies, and juri&s;dictions what&s;oever, belonging or appertaining to the &s;ame, binding them&s;elves therein by &s;olemne oath, to maintaine "the title of her and her heyres thereunto: Neither can I omit to remember that famous and never to bee forgotten Act of Re|cognition of his right to the Crowne of England, made to King <HI>James</HI> our Kings Father in full Parliament, in the fir&s;t yeare of his reigne, which that it may the more clearely appeare what it is, I have here transcribed at large, without addition or diminution of word or &s;yllable, as an Act to the ob&s;ervance whereof, I am obliged, and was bound in the loynes of myne Ance&s;tors, who were then repre&s;entatively pre&s;ent in the &s;ame Parliament, which act of Parliament is thus intituled, <Q>A mo&s;t joyfull and ju&s;t Re|cognition of the immediate lawfull and undoubted &s;ucce&s;&s;ion, de&s;cent and right to the Crowne: The act it &s;elfe is printed in the &s;tatutes at large, in the&s;e words.</Q></P>
<Q><TEXT>
<BODY>
<DIV1 TYPE="Act of Parliament">
<PB N="33" REF="19">
<HEAD>Anno primo. <HI>Iacobi</HI> Regis.</HEAD>
<P>Great and manifold were the benefits (mo&s;t deare and mo&s;t gracious Sovereigne) wherewith Almighty God ble&s;&s;ed this Kingdome and Na|tion, by the happy union and conjunction of the two noble hou&s;es of Yorke and Lanca&s;ter, thereby pre&s;erving this noble Realme, formerly torne and almo&s;t wa&s;ted, with long and mi&s;erable di&s;&s;ention and bloody civill warres. But more ine&s;timable and un&s;peakable ble&s;&s;ings are ther|by powred upon us, becau&s;e there is derived and growne from and out of that union of tho&s;e two princely Families, a more famous and grea|ter union (or rather a reuniting) of two mighty famous and ancient Kingdomes (yet anciently but one) of England and Scotland, under one imperiall Crowne, in your mo&s;t royall per&s;on, who is lineally, right|fully, and lawfully de&s;cended of the body of the mo&s;t excellent Lady Margaret, elde&s;t daughter of the mo&s;t renowned King, Henry the &s;ea|venth, and the high and noble Prince&s;&s;e Queene <HI>Elizabeth</HI> his Wife, elde&s;t daughter of King <HI>Edward</HI> the fourth: The &s;aid Lady <HI>Mar|garet,</HI> being elde&s;t &s;i&s;ter of King <HI>Henry</HI> the eight, Father of the high and mighty Prince&s;&s;e, of famous memory, <HI>Elizabeth</HI> late Queene of England.</P>
<P>In con&s;ideration whereof, albeit we your Maje&s;ties mo&s;t loyall and faithfull &s;ubjects of all e&s;tates and degrees, with all po&s;&s;ible and pub|lique joy and acclamation by open Proclamations, within few howres after the decea&s;e of our late Sovereigns Queene, acknowledging there|by, with one full voyce of tongue and heart, that your Maje&s;tie was our onely lawfull and rightfull leige Lord and Sovereigne, by our un|&s;peakable and generall rejoycing, and applau&s;e at your Maje&s;ties mo&s;t happy Inauguration, and Coronation: by the affectionate de&s;ire of in|finite numbers of us of all degrees, to &s;ee your Royall Per&s;on, and by all po&s;&s;ible outward meanes have endeavoured to make demon&s;tration of our inward love, zeale, and devotion to your excellent Maje&s;ty, our undoubted rightfull leige Sovereigne Lord and King: Yet as we can|not doe it too often or enough, &s;o can there be no meanes or way &s;o fit, both to &s;acrifice our unfained and hearty thankes to Almighty God, for ble&s;&s;ing us with a Sovereigne, adorned with the rare&s;t gifts of minde and body, in &s;uch admirable peace and quietne&s;&s;e, and upon the knees of our hearts, to Agnize our mo&s;t con&s;tant faith, obedience, and loyalty
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to your Maje&s;ty, and you royall Progenie, as in this high Court of Parliament, where all the whole body of the Realme, and every par|ticular member thereof, either by per&s;on, or by repre&s;entation (upon their owne free elections) are by the lawes of this Realme, deemed to be per&s;onally pre&s;ent.</P>
</DIV1>
</BODY>
</TEXT></Q>
<P>To the acknowledgment whereof to your Maje&s;tie, wee are the more deeply bounden and obliged, as well in regard of the extraordinary care and paines, which with &s;o great wi&s;edome, knowledge, experience, and dexterity, your Maje&s;tie (fithence the imperiall Crowne of this Realme de&s;cended to you) have taken for the continuance and e&s;tabli&s;hment of the ble&s;&s;ed peace, both of the Church of England in the true and &s;incere Religion, and of the Common-wealth, by due and &s;peedy admini&s;tration of Ju&s;tice, as in re&s;pect of the gracious care, and inward affection, which it plea&s;ed you on the fir&s;t day of this Parliament, &s;o lively to expre&s;&s;e by your owne words, &s;o full of high wi&s;edome, learn|ing, and vertue, and &s;o repleate with Royall and thankfull ac|ceptation of all our faithfull and con&s;tant endeavours, which is and ever will bee to our ine&s;timable con&s;olation and com|fort.</P>
<P>We therefore your mo&s;t humble and loyall &s;ubjects, the Lords Spirituall and Temporall, and the Commons in this pre&s;ent Par|liament a&s;&s;embled, doe from the bottome of our hearts yield to the divine Maje&s;ty all humble thankes and prai&s;e, not onely for the &s;aid un&s;peakable and ine&s;timable, benefits and ble&s;&s;ings above mentioned, but al&s;o that he hath further inriched your highne&s;&s;e with a mo&s;t royall progeny of mo&s;t rare and excellent gifts, and forwardne&s;&s;e, and in his goodne&s;&s;e is like to increa&s;e the happy number of them: And in mo&s;t humble and lowly manner doe be|&s;eech your mo&s;t excellent Maje&s;ty, that (as a memoriall to all po&s;terities, among&s;t the Records of your high Court of Parlia|ment, for ever to endure) of our loyall obedience, and hearty and humble affection; It may be publi&s;hed and declared in this high Court of Parliament, and enacted by authority of the &s;ame.</P>
<P>That we (being bounden thereunto both by the lawes of God and man) doe Recogni&s;e and acknowledge, (and thereby ex|pre&s;&s;e
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our un&s;peakable joyes) That immediatly upon the di&s;&s;o|lution and decea&s;e of <HI>Elizabeth</HI> late Queene of England; the im|periall Crowne of this Realme of England, and of all the King|domes, dominions and rights belonging to the &s;ame, did by in|herent birth-right, and lawfull and undoubted &s;ucce&s;&s;ion, de&s;|cend and come to your mo&s;t excellent Maje&s;ty, as being lyneally, ju&s;tly, and lawfully, next and &s;ole Heyre of the blood-royall of this Realme, as is afore&s;aid: and that by the goodne&s;&s;e of God Almighty, and lawfull right of de&s;cent under one imperial Crown, your Maje&s;ty is of the Realmes and Kingdomes of England, Scot|land, France, and Ireland, the mo&s;t potent and mighty King, and by Gods goodne&s;&s;e, more able to protect and governe us your lo|ving &s;ubjects, in all peace and plenty, then any of your noble progenitors; and thereunto we mo&s;t humbly and faithfully doe &s;ubmit and oblige our &s;elves, our heyres and po&s;terities for ever, untill the la&s;t drop of our bloods be &s;pent: And doe be&s;eech your Maje&s;ty, to accept the &s;ame as the fir&s;t fruits in this high Court of Parliament, of our loyalty and faith to your Maje&s;ty, and your royall progeny and po&s;terity for ever: which if your Maje&s;ty &s;hall be plea&s;ed, (as an argument of your gracious acceptation) to a|dorne with your Maje&s;ties royall a&s;&s;ent (without which, it can neither be compleat and perfect, nor remaine to all po&s;terity, ac|cording to our mo&s;t humble de&s;ires, as a memoriall of your prince|ly and tender affection towards us) we &s;hall adde this al&s;o to the re&s;t of your Maje&s;ties un&s;peakable and ine&s;timable benefits.</P>
<P><Q>And by the &s;tatute of 3. <HI>Jaco. cap.</HI> 4. by which &s;tatute the oath of allegiance is injoyned: It is declared, that if any per&s;on &s;hall put in practice to ab&s;olve, per&s;wade, or withdraw, any of his Maje&s;ties &s;ubjects from their obedience to his Maje&s;ty, his heires, or &s;ucce&s;&s;ors, or to move them, or any of them, to pro|mi&s;e obedience to any other Prince, State, or Potentate, that then every &s;uch per&s;on, their procurers, coun&s;ellers, ayders, and maintainers, &s;hall be adjudged Traytors:</Q> And doe not the Par|liament, both in the fir&s;t, and third yeare of this King, acknow|ledge King <HI>Charles;</HI> nay even in the petition of Right, and in e|very Parliament &s;ince to be their &s;overeigne Lord? Can it then be doubted (upon due con&s;ideration had of the fore-mentioned Acts of Parliament, and the &s;everall declarations made by the
<PB N="36" REF="21">
Parliaments of all ages) that the right of the Crowne, is an he|reditary right, and that King <HI>Charles</HI> is our lawfull Sovereigne Lord, and &s;upreame governour of the Realmes, or that allegiance is not due to him from all &s;tates of this kingdome, and from every one of his &s;ubjects within the &s;ame? Surely no, if you thinke that there can be any, I de&s;ire you will plea&s;e to returne me the legall rea&s;ous of your opinion therein, upon con&s;ideration had of the&s;e Statutes, and why the power of both Hou&s;es of Parliament, is above the Kings; neither are the prerogatives afore cited due to him by the acknowledgment, recogni&s;cions, and declarations of Parliament onely, but the&s;e are due unto him by the common fun|damentall and municipall Lawes of this Realme, according to the te&s;timony 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, &s;ince we have had Bookes and reports of the law publi&s;hed: For fir&s;t it appeares by the an|cient Treati&s;e, called <HI>Modus tenend<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Parliamentum,</HI> which is a part of the Common law of the Land: and as Sir <HI>Edward Coke,</HI> 4. part of his In&s;titutes, <HI>page</HI> 12. ob&s;erves, was made before the Conque&s;t, and rehear&s;ed unto King <HI>William</HI> at his Conque&s;t, who approved of the &s;ame; and according to the forme of it, held a Parliament, (as ti is reported to us in the yeare booke of 21. <HI>Ed. 3. fol.</HI> 60) that the King is <HI>Caput principium &amp; finis Parliamenti,</HI> The King is the head, the beginning and the end of the Parlia|ment; and by the booke of 21. <HI>Hen. 7, fol.</HI> 20. it is held, that it is no &s;tatute, if the King a&s;&s;ent not to it: and that the King may di&s;a&s;&s;ent; and by <HI>Andrew Hornes</HI> Booke, called the Mirrour of Ju&s;tices, which was written in the time of King <HI>Edward</HI> the &s;e|cond&punc; it is &s;aid that they are guilty of perjury, that incroach any juri&s;dictions belonging to the King, or <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">al&s;ifie their faith due to him: <HI>Bracton</HI> who wrote in the time of King <HI>Henry</HI> the third, (a learned Author of the Lawes of England) <HI>lib. 4. cap. 24, &s;ect.</HI> 1. hath the&s;e words, <Q><HI>Rex habet pote&s;tatem &amp; juri&s;dictionem &s;uper <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">mnes qui in Regno&s;uo &s;unt, ea que &s;unt juri&s;dictionis &amp; pacis ad nullum pertinent, ni&s;i ad Regiam dignitatem, habet etiam coertion<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">m <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">t delinquentes puniat &amp; coerceat;</HI> The King, &s;aith he, hath pow|er and juri&s;diction over all men which are in his kingdom; tho&s;e things which are either of juri&s;diction or peace, belong
<PB N="37" REF="21">
to none but to the Kingly dignity, he hath like wi&s;e a con&s;train|ing power to puni&s;h delinquents;</Q> and <HI>lib. 3. cap</HI> 7. he &s;aith, that Trea&s;ons, felonies, and other pleas of the Crowne, are <HI>propriae cau&s;ae Regis,</HI> are cau&s;es belonging to the Kings puni&s;hment onely; and in his fift <HI>Sect.</HI> of the &s;ame fourth booke, &s;aith thus, <Q><HI>Omnis &s;ub Rege &amp; ip&s;e &s;ub nullo, ni&s;itantum Deo, non e&s;t inferior &s;ibi &s;ubjectis, non parem habet in regno:</HI> in Engli&s;h thus, Every man is under the King, and he under none but God alone, he is not inferiour to his &s;ubjects, he hath no peere in his Realme:</Q> And in his fift booke, in his third Treati&s;e of default, <HI>cap.</HI> 3. he &s;aith thus, <Q><HI>Rex non habet Superiorem ni&s;i Deum, &s;at is habet ad penam quod expectat Deum ul|torem,</HI> The King hath no Superiour but God alone, and it is &s;uf|ficient puni&s;hment for him becau&s;e he mu&s;t expect God to bee the revenger, if he doe commit wrong:</Q> It is &s;aid in <HI>Plowdens</HI> Commentaries, <HI>fol.</HI> 234. <Q>That the King hath the &s;ole government of his Subjects, and <HI>fol.</HI> 213. as al&s;o in <HI>Calvins</HI> ca&s;e&punc; That alle|giance is due to the naturall body of the King; and <HI>fol.</HI> 242. it is &s;aid, That the naturall body of the King, and his politique, make but one body;</Q> for as long as the naturall body lives, the politique is inherent, being meerely imaginary and invi&s;ible as it is &s;aid in <HI>Calvins</HI> ca&s;e; whereupon I inferre, that the Kings poli|tique capacity (his body being ab&s;ent) is not in the Parliament. And in 10. <HI>Eliz. Plowdens</HI> 316. it's affirmed, That the law makes not the &s;ervant greater then the Ma&s;ter, nor the &s;ubject greater then the King, for that were to &s;ubject order and mea&s;ure; &s;ince ther|fore the King hath &s;o undoubted a right to the Crowne, and is my lawfull Sovereigne, and mine allegiance is due unto the Kings per&s;on, by the Law of the Land, Recognized and acknowledged in &s;o many &s;everall Parliaments in all ages, and confirmed by &s;o many undeniable authorities in Law, reported in our Books, and &s;ince it &s;tands proved, that mine Allegiance is due unto his natu|rall per&s;on, both by the Law of God, nature, and the law of the Land, and can neither be abjured, relea&s;ed, or renounced, being in|&s;eparable from the per&s;on of the King, and indi&s;pen&s;ably 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 again&s;t the law of the Land, and in taking it, I not only make an ab&s;olute breach upon the law of the Land, but al&s;o in my
<PB N="38" REF="22">
judgement I doe thereby incurre the crime of perjury by the law, in fal&s;ifying my faith and Allegiance to his Maje&s;ty King <HI>Charles,</HI> Gods anointed, and crowned my naturall liege Lord, &s;overeigne, and my lawfull King, both by de&s;cent, Coronation, inve&s;ture, and undoubted right, which is not onely due to him by the Law of the Land from every of his &s;ubjects, but every one of them is to take this following Oath for performance of it.</P>
<P><HI>Viz.</HI> You &s;hall &s;weare that from this day forwards you &s;hall be true and faithfull to our Sovereigne Lord King <HI>Charles,</HI> and his heyres, and faith and truth &s;hall beare to him of life and member and terrene honour, and you &s;hall neither know nor heare of any ill or dammage intended unto him, that you &s;hall not defend, &s;o helpe me Almighty God. Which forme of Oath every Subject by the Common Law is bound to take, as appeares by <HI>Britton 5. Edw. 1. cap.</HI> 24. And by <HI>Andrew Horne</HI> in the Mirrour of Ju&s;tices, <HI>pag.</HI> 226. and in <HI>Calvins</HI> ca&s;e as by peru&s;all of their Bookes will ap|peare, and by diver&s;e others which for brevities &s;ake I omit.</P>
<P>And now Sir, I de&s;ire to know your opinion likewi&s;e, whether that by the Common Law, both hou&s;es of Parliament are in power above the King, or where their legall power to di&s;po&s;e of his Ma|je&s;ties per&s;on, other then to his honour and good, according to their duty, Oathes, Prote&s;tations, Covenants, and Declarations, and obedience is to be found.</P>
<P>I come now to prove that this Oath is again&s;t the Law of rea&s;on, the Law of rea&s;on &s;aith Doctor and Student, <HI>cap.</HI> 2. is written in <Q>the hearts of every man, teaching him what is to be done, and what is to be fled: And becau&s;e it is written in the heart, there|fore it may not be put away, nor is it ever changable by any di|ver&s;ity of place or time; and therefore again&s;t this Law, pre|&s;cription, &s;tatutes, or cu&s;tomes may not prevaile; and if any be brought in again&s;t it, they be no pre&s;criptions, &s;tatutes, nor cu|&s;tomes, but things done again&s;t ju&s;tice and voyd; and in this it differeth from the Law of God, for that the Law of God is gi|ven by Revelation from God&punc; Almighty, and this Law is given by a naturall light of under&s;tanding, and is given principally to direct our actions by, for the obtaining of felicity in this life, &s;o us we guide them onely by the rule of Ju&s;tice: This Law in|&s;tract<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">th us, &s;aith the &s;ame Author, that good is to be done, and
<PB N="39" REF="22">
evill is to be avoided, that thou &s;houlde&s;t do<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> to another, that which thou woulde&s;t another &s;hould doe to thee:</Q> That ju&s;tice is to be done to every man and not wrong: that a tre&s;pa&s;&s;e is to be puni&s;hed &amp; &s;uch like: Is it &s;o then, that the law of rea&s;on directs me that good is to be done, and evill is to be avoyded? I then conclude that this oath is again&s;t this Law; for if I by this Oath &s;hall withdraw mine Allegiance and &s;ubjection to my King from him, I lo&s;e the benefit or good I &s;hould have by his protection: for the rule in Law is, <Q><HI>Quod Subjectio tra|hit protectionem, quia Rex ad tutelam Legis corporum &amp; bonorum e|rectus e&s;t</HI> as <HI>Forte&s;cue lib. de laudibus legum Angliae, c.</HI> 13. Obedience of the Subject drawes protectio~ from the King, the King being ordai|ned for the defence of the Law, &amp; the bodies, &amp; goods of his Subjects.</Q></P>
<P>The holy Scriptures informe me, that I mu&s;t obey my King <HI>for con|&s;cience &s;ake,</HI> and this Law teacheth me, I mu&s;t 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 o|bedience, therefore I conclude that this Oath is again&s;t the Law of rea|&s;on. This Law teacheth me to doe as I would men &s;hould doe unto me, but if I were a King I would not be di&s;poyled of the duty and &s;ervice of my Subjects; therefore this Oath enjoynes me to a thing again&s;t the Law of rea&s;on: <Q>It is inju&s;tice and wrong to take away the Kings right by this Law;</Q> but this Oath bindes me to take away his right and doe him wrong, therefore in this particular al&s;o this Oath is a|gain&s;t the Law of rea&s;on. And la&s;tly this Law of rea&s;on teacheth me, a Tre&s;pa&s;&s;er is to be puni&s;hed, it teacheth me al&s;o to under&s;tand that to take this Oath is to tre&s;pa&s;&s;e upon my Kings intere&s;t in me as I am his Subject; to tre&s;pa&s;&s;e upon his Lawes as I am <HI>de jure</HI> under his govern|ment, and to tre&s;pa&s;&s;e upon his patience and goodne&s;&s;e, if he doe not hereafter puni&s;h me for it: Therefore I conclude this Oath is again&s;t the Law of rea&s;on. The Law of rea&s;on generally taken, is <Q><HI>a directive Rule unto goodne&s;&s;e</HI></Q> of operation, &s;aith <HI>Hooker:</HI> &s;o 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: <Q>the Law of rea&s;on &s;aith <HI>Sophocles</HI> is &s;uch that being propo&s;ed, no man can reject it as unju&s;t and unrea&s;onable,</Q> but the King may reject this manner of impo&s;ing of Oathes upon his Subjects whereby he isdeprived of their aid and a&s;&s;i&s;tance without his a&s;&s;ent: And the Subjects may reject this Oath as unrea&s;onable and un|ju&s;t; becau&s;e if they take it, they are thereby bound either to breake
<PB N="40" REF="23">
their Oath, which is a grievous &s;in, or to lo&s;e the benefit of protection, which by the Lawes they may claime, and ought to have from their naturall lawfull and &s;overeigne Liege Lord, and King; Therefore this Oath is again&s;t the Law of Rea&s;on.</P>
<P><Q>La&s;tly, whereas the Law of Rea&s;on is never changeable by any di|ver&s;ity of place or time,</Q> and whereas mine Allegiance is due to my Sovereigne in all places, in all ca&s;es, and at all times, I am forbidden by this unchangeable Law, to change &s;o unchangeable and unalterable a duty by &s;uch an unwarrantable Oath in the&s;e changeable times. To conclude all in this point, as it is again&s;t rea&s;on to take this Oath; <Q>&s;o it is again&s;t rea&s;on to require it of me, for it is mo&s;t unrea&s;onable to offer any Chri&s;tian man &s;uch an Oath as that by taking of it, he mu&s;t by perjury, and &s;in of pre&s;umption (as he is per&s;waded) de&s;troy his &s;oule, or by refu&s;ing of it, becau&s;e it is again&s;t his con&s;cience to take it, either by perpetuall impri&s;onment or &s;tarving, de&s;troy his body and e&s;tate.</Q> And it is likewi&s;e mo&s;t unrea&s;onable for any men to of|fer this Oath to another that have not taken it them&s;elves: for by the rule of the civill Law, <HI>l. in Aren.</HI> <Q><HI>Quod qui&s;&abque;,</HI> which is a branch of the Law of rea&s;on, <HI>Quod qui&s;&abque; juris in alium &s;tatuerit ip&s;um quo&abque; uti debere:</HI> No man ought to impo&s;e a Law upon another,</Q> which he him&s;elfe hath not &s;ubmitted unto.</P>
<P>I come now in the next place to make it appeare that I cannot take this Negative Oath with a good con&s;cience. Con&s;cience, as Doctor and Student well ob&s;erves, <HI>l. 1. cap.</HI> 15. <Q>Tis the direct applying of any &s;cience or knowledge to &s;ome particular act of a man, and of the mo&s;t perfect and mo&s;t true applying of the &s;ame to a mans particular acti|ons, follow the mo&s;t perfect, the mo&s;t pure, and the be&s;t con&s;cience;</Q> which enabled St. <HI>Paul</HI> by his right applying of the Law of God to the Actions of his life, with confidence to plead his cau&s;e before the Coun&s;ell, and to cry out, <HI>men and brethren, I have in all good con&s;cience &s;erved God unto this day,</HI> Acts 23. 1. And in the 24 14. <Q><HI>being accu&s;ed be|fore Felix by the Jewes,</HI> &s;aith, <HI>But this I confe&s;&s;e unto thee, that after the way which they call here&s;ie, &s;o wor&s;hip I the God of my Fathers, be|leeving all things which are writ in the Law &amp; the Prophets.</HI></Q> And here|in I indeavour my &s;elfe to have alwaies a cleere con&s;cience towards God, and towards men: whereby it is cleerly proved that the applying of the Scriptures, and the knowledge of divine truth to the actions of ourlives, is, and ought to be, the only direction to our con&s;ciences; It is
<PB N="41" REF="23">
expedient then for the clearing of this point, that I &s;hould &s;et forth and con&s;ider the actions of my <GAP DESC="illegible" RESP="apex" EXTENT="1 span"> to this particular which con|cernes &s;ome Allegiance: <GAP DESC="illegible" RESP="apex" EXTENT="4 letters"> then I doe well remember that when I was matriculated in the Univer&s;ity, I was &s;worne to be a faithfull and true Subject <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">o the King, and to beare him <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">ue Alle|giance: Secondly, I have taken th<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> of Oath, which I have particularly &s;<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> downe before, th<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> I w<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> and <GAP DESC="illegible" RESP="apex" EXTENT="4 letters"> bear<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> to him of life and m<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">, and terre<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">. Thirdly, I have foure times taken the Oath <GAP DESC="illegible" RESP="apex" EXTENT="1 span"> enjoyned by the Statute of 1. <HI>Eh<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. cap.</HI> 1. and three <GAP DESC="illegible" RESP="apex" EXTENT="1 span"> Oath of Allegiance enjoyned by the Statute 3 <HI>Iac. cap.</HI> 4.</P>
<P>It re&s;ts now that I &s;hould apply that divine knowledge and &s;ci|ence, which I have obtained <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">y reading of the Scriptures, to th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;e actions: Fir&s;t&punc; then an Oath is to be carefully weighed before we take it, <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">ch as <GAP DESC="illegible" RESP="apex" EXTENT="1 span"> duty towards our King, and <GAP DESC="illegible" RESP="apex" EXTENT="1 span"> <HI>E<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">le&s;. 8 <GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> Ec<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"></HI> Pre<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">c<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">, advi&s;eth me thus, <HI><GAP DESC="illegible" RESP="apex" EXTENT="1 span"> of the <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">o<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">h of the King, and to the Oath of <GAP DESC="illegible" RESP="apex" EXTENT="1 span">,</HI> upon which plac<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> thus gl<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;&s;e, that is, <GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters"> King, <GAP DESC="illegible" RESP="apex" EXTENT="3 letters"> keepe the Oath that thou ha&s;t made for that cau&s;e. <GAP DESC="illegible" RESP="apex" EXTENT="1 span"> <HI>Zachary</HI> gives us this comman|dement from God, <HI>Zach 8 17&punc; <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">t none of you imagine evill in your hearts again&s;t his neighbour, and love no fal&s;e Oath, for all the&s;e are the things that I hate, &s;aith the Lord:</HI> And our ble&s;&s;ed Saviour in his Sermon in the Mount, <HI>Matth.</HI> 5. 33. Delivers me this pre|c<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">p&punc; <HI>Thou &s;halt not for &s;weare thy &s;elfe, but &s;halt performe thy Oathes to the Lord:</HI> By applying of the&s;e Scriptures to my former Oathes, I finde I cannot take this Negative Oath without a great &s;inne a|gain&s;t God, and tre&s;pa&s;&s;e again&s;t my con&s;cience: for having bound my &s;elfe by &s;o many &s;everall former oathes made to my King, to pay unto him mine Allegiance, faith&punc; and truth to him, of life and member, and terre<GAP DESC="illegible" RESP="apex" EXTENT="3 letters"> honour, and acknowledged him to be &s;u|preame Governour of this Realme; how can I now withdraw mine Allegiance from him, or &s;weare that I will not aide or a&s;&s;i&s;t him, o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> adhere unto him by this latter? without manife&s;t perjury, breach of myne Oath to the King, and by taking of a fal&s;e Oath, or the name of God in vaine by a que&s;tionable authority impo&s;ed upon me, contradictory to tho&s;e Oathes which by undoubted and lawfull power agreeable to the Lawes of God and the Realme, I
<PB N="42" REF="24">
have already bound my con&s;cience to the ob&s;ervance of: It fareth not with us in Oaths, as it doth in ca&s;es of Lawes, <HI>Quod Leges po|&s;teriores priores contrarias abrogant,</HI> That the latter Lawes repeale the former that are contrary unto them: for in the ca&s;e of Lawes, the rule is admitted to bee true, where both are con&s;tituted and made by the &s;ame power, but it is cleane contrary in the ca&s;e of Oathes: for when a man hath taken a lawfull Oath, by and from a lawfull authority, though it be grounded upon humane or po&s;i|tive law onely, as upon a Statute or the like, that Oath is binding to his con&s;cience untill the Statute that injoynes that Oath be re|pealed by the &s;ame power that made it; and if he afterwards take a contradictory Oath to that former Oath before, &s;uch repeale, and a lawfull authority to take the &s;ame; that Oath which he &s;o takes, is both unlawfull and fal&s;e; unlawfull in that it is again&s;t the law that warrants the Oath, he hath before taken; and fal&s;e in regard that he ingages him&s;elf by that Oath to performe that thing which by the Law of God and con&s;cience he is not enabled lawfully to performe; &s;o that till the lawes that impo&s;e upo~ me the Oathes of Supremacy and Allegiance which I have taken, be lawfully by the &s;ame power as they were made, that is to &s;ay, by the King, Lords, and Commons, by Act of Parliament repealed: And this Nega|tive Oath by the &s;ame power of Act of Parliament impo&s;ed upon me, I cannot &s;ubmit my con&s;cience to take that Oath, without perjury and fal&s;hood. Againe, when a man hath taken an Oath to performe that which by the law of God and nature he is bound to performe, as to obey his King, or to honour his Father and Mo|ther, this Oath can never be abrogated or di&s;pen&s;ed withall, nor a man ab&s;olved from the duty of ob&s;ervance of it by any power un|der heaven, and therefore if I &s;hall take any Oath contradictory to the former Oathes of Allegiance and duty to my King, which duty and allegiance belongs to him from me, by the law of God and nature, as before is made manife&s;t, that Oath were utterly un|lawfull and fal&s;e, by the lawes of God and nature and again&s;t con|&s;cience; I conclude then that in con&s;cience I cannot take this Negative Oath. I learne likewi&s;e by Saint <HI>Paul, Heb.</HI> 6. 16. That men verily &s;weare by him that is greater then them&s;elves, and an Oath for confirmation is an end of all &s;trife: and therefore <HI>Io&s;hua&punc;</HI> when he had made a league with the Gibeonites, though it were
<PB N="43" REF="24">
grounded upon a fraude on their parts, did omit to que&s;tion them for it, and forbore to breake the league with them to avoyde &s;trife having confirmed that league with an Oath, &s;aying in that ca&s;e, <HI>Thus will we doe to them and let them live, lea&s;t the wrath be upon us, becau&s;e of the Oath which we &s;ware to them, Io&s;hua</HI> 9. 20. And by that law of an O<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">h was <HI>Sh<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">mei</HI> put to death by <HI>Solomon</HI> for walking out of the City contrary to his Oath, becau&s;e he had &s;worne hee would not goe out of it, which he ought to have ob&s;erved as a confirmation of his undertaking to <HI>Solomon,</HI> and as an end of their &s;trife, as we find<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">, 1 <HI>Kings 2. 43. &amp;c.</HI> and we finde a notable in|&s;tance of the puni&s;hment of the breaking of the oath of Allegiance or &s;ubj<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ction made by the King of Jeru&s;alem to the King of Babel, reported unto us by the Prophet <HI>Ezekiel, Eze.</HI> 17 16. 18. in the&s;e words, <HI>As I live &s;aith the Lord, he that is King (of Ieru&s;alem) &s;hall dye in the mid&s;t of Babel, in the place of the King, who&s;e Oath he de&s;pi&s;|ed, and who&s;e covenant made with him he broke: Neither &s;hall</HI> Pharoah <HI>with his mighty hoa&s;t and great multitude of people maintaine him in the Warre, when they have ca&s;t up Mounts, and builded Rampires to de|&s;troy many per&s;ons, for he hath de&s;pi&s;ed the Oath, and broken the Cove|nant, yet he had given him his hand becau&s;e he hath done the&s;e things he &s;hall not e&s;cape.</HI> The application of the&s;e Scriptures to my pre&s;ent purpo&s;e I make thus, Is it &s;o then that an Oath is taken for confir|mation? Is it &s;o then that an Oath is and ought to bee the end of &s;trife? Is it &s;o that God puni&s;heth the violation of Oathes, and that the greate&s;t power on earth cannot protect a man again&s;t him, I learne then by the rule of a well informed con&s;cience to di&s;cerne, that I ought not to breake my Oathes lawfully taken upon any grounds or pretence what&s;oever: Nay by this Oath I finde that if I take it I &s;hould in &s;tead of an end of &s;trife in my con&s;cience, incur great vexation, through the horrour of the &s;inn, as being an act un|lawfull, and becau&s;e by it, I have offended God in the breaking my former Oathes lawfully taken, I &s;hould rai&s;e &s;trife and trouble in my &s;oule and con&s;cience, and great &s;trife and perturbation of minde for feare of puni&s;hment. I conclude therefore that I cannot take this Oath by the rule of Gods law, with a &s;ound and good con&s;ci|ence, again&s;t the light whereof, if I &s;hould take it, I &s;hould de|clare my &s;elfe either to be an Athoi&s;t, in thinking there were no God to puni&s;h for &s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> great a wickedne&s;&s;e, or el&s;e to imagine that
<PB N="44" REF="25">
he were either unju&s;t and would not puni&s;h, or unable and could not, or &s;o carele&s;&s;e of the actions of men, that he either not &s;eeth or not regardeth their wicked acts; which opinion even the very heathens confuted and rejected, as you may finde at large in <HI>Tullys</HI> fir&s;t booke, <HI>De natura Deorum:</HI> But if I were minded to bee &s;o wicked&punc; as to lay a&s;ide all the former con&s;iderations of Religion, na|ture, law, rea&s;on, and con&s;cience, to gaine my e&s;tate, which God forbid; yet in honour, neither my &s;elfe, nor any that have &s;erved his Maje&s;ty in this late War, can take it, as I conceive: when I &s;peake of honour I meane not that Membranall or Parchment ho|nour of dignities, and titles conferred upon men &s;ometimes for money, &s;ometimes for affection, &s;ometimes for alliance to favorits, &s;ometimes for flattery, <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">u<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> mo&s;t commonly more for &s;ome &s;ini&s;ter re&s;pects, then proper <GAP DESC="illegible" RESP="apex" EXTENT="1 span">, by letters patents of Kings and free Princes, but I meane that <GAP DESC="illegible" RESP="apex" EXTENT="5 letters">all honour that is inherent, in every truly noble minde&punc; and direct&punc; it ends alwayes to that which is <HI>Lundabile &amp; hone&s;tum,</HI> la<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">daol<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">, ju&s;t, and hone&s;t, of which honour the Poet <HI>Juvenall</HI> <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">i<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">h thus, <HI>Nobilitas &s;ola e&s;t atque unica virtus,</HI> vertue is the onely <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">ue nobility; and in another place de&s;cribing this kinde of honour in the per&s;on of a Father to his Son, &s;aith thus,</P>
<Q><L>Malo pater ibi &s;it, Ther&s;ites dummodo tu &s;is,</L>
<L>Aeacidae &s;imilis vulcaniaque arma cape&s;&s;as,</L>
<L>Quam tibi Ther&s;iti &s;imilem producat Achilles.</L></Q>
<P>That is, that he had rather his &s;on were the &s;on of <HI>Ther&s;ites</HI> (a ba&s;e and ill conditioned fellow) and were like <HI>Aeacides</HI> a per&s;on of great valour, honour, and ju&s;tice, then that he were de&s;cended of <HI>Achilles</HI> the noble&s;t hou&s;e of the Grecians, and &s;hould be &s;uch a ba&s;e fellow as <HI>Ther&s;ites;</HI> the application is ea&s;ie, <Q>It is an hono|rable minde, which makes a man honourable&punc; and it are his ho|nourable actions, which are the proper effects of vertue, that render a man truly honourable; and gaine him e&s;teeme: The E|thicke Philo&s;ophers &s;ay that <HI>Honor e&s;t plus in honorante quam in he|<GAP DESC="illegible" RESP="OXF" EXTENT="1+ letters">,</HI> there is more honour in him that gives the honour, then in him that receives it, or is honoured;</Q> and it is true every way: for as there is more honour in a King that be&s;towes it, then in the &s;ubject that receives it from his Prince; &s;o is there more honour proceeds from him that be&s;towes it in report or e&s;teeme upon him that de&s;erves it for his noble and vertuous actions, then there is in the party de&s;erving it him&s;elfe: and the rea&s;on is plaine; for let a
<PB N="45" REF="25">
man do never &s;o many honourable actions yet if they are not e&s;tee|med <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">y others, he reaps not the fruit of his labours, his honour is le&s;&s;e (though the actions in them&s;elves be honourable) then if they were e&s;teemed: This honour and e&s;teeme is the life of every Soul|dier and Gentleman, which if he once lo&s;e by any voluntary act of his owne, he had as good lo&s;e his life. Now for any man that hath &s;erved the King in his Wars, for him to &s;wear that he will no more aide nor a&s;&s;i&s;t the King in the War wherein he ingaged him|&s;elfe by his oath, and upon his honour to &s;erve him with his life and to his uttermo&s;t power, it would lo&s;e that Souldier his honor and e&s;teeme among&s;t all &s;orts of men, among&s;t his owne party for de|&s;erting a cau&s;e they hold ju&s;t among&s;t the adver&s;e party for light|ne&s;&s;e and incon&s;tancie, as one that would not &s;tand to his princi|ples, he &s;hould among&s;t all men get the opinion of a Coward, or a ba&s;e fellow, that for feare of death, puni&s;hment, or perpetuall im|pri&s;onment, would be &s;tarved into an oath, or <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ut of his allegiance, or of a K<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">ve that to redeeme his liber<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">y would &s;weare any thing; therefore lea&s;t I &s;hould gaine &s;uch an opinion and lo&s;e my e&s;teem in the world (being now brought into that condition that I mu&s;t be a Souldier) I cannot take this Oath by the rules of honour, and as it is not honourable in me to take it for the rea&s;ons afore&s;aid, &s;o is it again&s;t honour that an oath that would bring &s;o much incon|veniency of lo&s;&s;e of honour and e&s;teeme among&s;t all men &s;hould be offered to any man, <HI>Quia in juramentis admini&s;trandis dantis &amp; recipient is eadem e&s;t ratio &amp; idem jus,</HI> In admini&s;tring of Oathes the &s;ame rea&s;on and law ought to binde the giver as well as the re|ceiver: It is al&s;o again&s;t pollicy either to take or require this oath, the life of a Souldier is his honour, when that is lo&s;t, his life is as good as lo&s;t; by taking this oath, a Souldier lo&s;eth his honour, what King, Prince, or State, will entertaine that Souldier in his pay that hath abjured his naturall Sovereigne Liege Lord, or Ma&s;ters &s;ervice and allegiance: his owne King will never tru&s;t him more, the adver&s;e party will not tru&s;t him, nor any other Prince or State what&s;oever, and therefore in pollicy a Souldier ought not to take this oath. And la&s;tly, there is no pollicy in pre&s;&s;ing this oath upon any, for the Parliament gaines no &s;ecurity by taking it, for I thinke very few of the Kings party hold that Oath lawfull, and then what &s;ecurity to the Parliament in it, &s;ince no other thing can be expect|ed from him of the performance of an oath given unto him, that <Q>either doubts the power unlawfull that admini&s;tred it, or that
<PB N="46" REF="26">
holds the matter or thing he is bound to performe by his oath un|lawfull, that then he will keep &s;uch an oath no longer then till the fir&s;t time he hath occa&s;ion or oppertunity to breake it; Nay the &s;ame Religion or new light that hath taught him to break the Kings Oath will or may teach him to break the Parliaments.</Q></P>
<P>Having now made my doubts according to my con&s;cience, if I come over and be made a pri&s;oner, becau&s;e I will not take the&s;e oathes and covenants, or &s;uffer any other prejudice either in mine e&s;tate or per&s;on, for declaring my con&s;cience herein, I would, and in the ca&s;e I am, I will with holy <HI>Job</HI> content my &s;elfe &s;aying, <HI>Na|ked came I out of my mothers wombe and naked &s;hall</HI> I <HI>returne thither, the Lord gave and the Lord hath taken away&punc; ble&s;&s;ed be the name of the Lord, Job</HI> 1. 21. Comforting my &s;elfe with this of the P<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">almi&s;t, <HI>Who &s;hall a&s;cend into the hill of the Lord, or who &s;hall ri&s;e up in his holy place? even he that hath cleane hands and a pure heart, and that hath not lift up his minde unto vanity, nor &s;worne to deceive his neighbour, he &s;hall receive the ble&s;&s;ing of the Lord, and righteou&s;ne&s;&s;e from the God of his &s;alvation,</HI> P&s;alm. 24. 3&punc; 4, 5. And according to the in&s;tructions of St. <HI>Paul 1. Rom 12. 12. Shall rejoyce in hope, be patient in tribulation, and conti|nue in prayers, &s;trengthened with all might according to Gods glorious power, unto all patience and long &s;uffering&punc; with joyfulne&s;&s;e,</HI> Colo&s;. 1. 11. <HI>Knowing that all that will live godly in Chri&s;t Je&s;us &s;hall &s;uffer per&s;ecu|tion, 2 Tim.</HI> 2. 12. Taking the Prophets who have &s;poken in the name of the Lord for en&s;amples, of &s;uffering affliction and pati|ence, <HI>Jomes</HI> 5. 10. And accompting it alwayes thank-worthy, if for con&s;cience towards God, I endure grief, &s;uffering wrongfully, for even hereunto are we called, becau&s;e Chri&s;t al&s;o &s;uffered for us, leaving us an example that we &s;hould follow his &s;teps, 1 <HI>Pet.</HI> 19. 20. And in this re&s;olution by Gods gracious a&s;&s;i&s;tance, in peace of a good con&s;cience, and in all patience will I abide till my di&s;&s;olution &s;hall come, looking for that ble&s;&s;ed hope and appearing of that glory of that mighty God and of our Saviour Je&s;us Chri&s;t, <HI>Tit.</HI> 2. 13. Chu&s;ing rather to &s;uffer adver&s;ity with the people of God, then to enjoy the plea&s;ures of &s;in for a &s;ea&s;on, <HI>Heb. 11. 25. For what &s;hall it profit a man if he &s;hall gaine the whole World, and lo&s;e his owne Soule, Mar.</HI> S. 36. In this opinion therfore will I abide putting my whole tru&s;t and confidence in God my Lord which executeth ju&s;tice for the oppre&s;&s;ed, which gives bread to the hungry, and lo&s;eth the pri&s;oners, for the Lord heareth the poore, and di&s;pi&s;eth not his pri&s;oners, <HI>P&s;alme</HI> 66. 33. and 146. 7.</P>
<P><PB N="47" REF="26">To conclude Sir, whereas you &s;ignifie unto me that you will returne me a &s;a|tisfactory an&s;wer to my doubts, from godly and learned Devines, and men of judgement in the Lawes of the Land, <GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> de&s;ire you that you will plea&s;e to take ad|vice only from &s;uch Devines, as neither have renounced their Orders, or obedi|ence to their Ordinaries, and &s;uch that are without partiallity or hypocri&s;ie in this publique cau&s;e, and from &s;uch Judges and learned Lawyers as &s;erve not the times, &s;o much as the truth, and &s;uch as have not mens per&s;ons in admiration becau&s;e of advantage; for I mu&s;t deale plainly with you, that there is great &s;can|dall in th<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;e forraigne parts upon the men of the&s;e profe&s;&s;ions, it being reported of the fir&s;t, that they goe about to prophane and ble&s;pheme the Church their Mo|ther with &s;tigmaticall imputations of Antichri&s;tian impieties, and th<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> the latter have adulterated the Lawes, the Nur&s;es that have fed them; applying them to the humors and ends of tho&s;e that have put them in authority, and as the Proph<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> Mich. 3 9. &s;aith, <HI>abhorring judgement, and p<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">v<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">rting all equity,</HI> in that they take u|pon them to give &s;entence of death upon <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">o&s;e that have &s;erved his Maje&s;ty, ac|cording to their duty of Allegiance in the&s;e <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">at Wa<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">s, as fellons, when they have but taken an hor&s;e or armes for the Kings &s;ervice, though they tooke them from tho&s;e that were actually in armes again&s;t the Kings Maje&s;ty&punc; with an intention on|ly to ayd his Maje&s;ty again&s;t tho&s;e that had ri&s;en up again&s;t him, and not <HI>animo furan<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">i,</HI> or with a fellonious intent: Nay, we heare that &s;ome of the Judges late|ly put into Commi&s;&s;ion by both Hou&s;es of Parliament have delivered it for Law, that &s;uch a one as hath &s;erved the King in the&s;e late wars (or any &s;uch that they call Malignants) may not &s;ue for their rights, and are incapable to receive ju&s;tice, though they be neither outlawed or committed, that what&s;oever they recover or purcha&s;e before they have made their Compo&s;itions ought to be &s;eized on, and &s;e|que&s;tred to the u&s;e of the State; I pray you Sir, where, or in what bookes of the Lawes of England do you reade of &s;uch definition of felony or inhabilities or in|capacities of the Kings Loyall Subjects? Mr. <HI>Littleton</HI> who reckons up all the inha|bilities of the Subjects of England, mentions none &s;uch, neither are any &s;uch el&s;e where to be found: but the&s;e men put the Kings Liege, and loyall people into a wor&s;e condition then &s;laves, villaines, or aliens. And yet they account it Lawfull taking, and no depredation when any man that hath &s;erved both Hou&s;es of Par|liament in this late war hath plundered or taken any mans goods or e&s;tate from him, that they did but imagine bare good affection to the King, and give their judgements that it is lawfull to &s;eize, &s;eque&s;ter, nay to <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ell away mens e&s;tates that have &s;erved the King before they have legally convicted them of any offence. O horrible perverting of judgement and ju&s;tice if this be true, I pray you &s;ir may it not be &s;aied of the&s;e men as the Prophet Amos 3. 10. &s;aith, <HI>They know not to doe right &s;aith the Lord, who &s;tore up violence and robbery in their Pallaces, that turne judge|ment into Wormewood, and lea<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> of righteou&s;ne&s;&s;e in the earth,</HI> Amos 5 7. and are not they &s;uch as <HI>Solomon</HI> &s;peakes of, Prov&punc; 4. 16. <HI>That they &s;leepe not except they have done mi&s;chiefe, and their &s;leepe is tak<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">n away un<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">&s;&s;e they cau&s;e &s;ome to fall, for they eat the bread of wickedne&s;&s;e, and drinke the wine of violence,</HI> or as <HI>David</HI> &s;aith, P&s;. 58. 2. <HI>that weigh the violence of their hands in the earth.</HI> But Sin, I &s;peake not this with refer|rence to you, for I know you to be a man of learning, and I heare that you are a man of moderation, and I de&s;ire you &s;ince that you have taken that imployment u|po<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> you to continue &s;o: Remember your Oath that thereby you are to di&s;pence ju&s;tice indifferently to the Kings people, according to the knowne and e&s;tabli&s;hed
<PB N="48" REF="27">
Lawes of the Land, not by arbitrement o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> fancy; con&s;ider the infirmity of your Commi&s;&s;ion upon what hath been &s;aid before, &s;et before your eyes the mortallity of the 44 Judges remooved and put to death by King <HI><GAP DESC="illegible" RESP="apex" EXTENT="2 letters">&s;<GAP DESC="illegible" RESP="apex" EXTENT="4 letters"></HI> for violence, inju&s;tice, and c<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">rr<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">p<GAP DESC="illegible" RESP="apex" EXTENT="4 letters"> ac<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">d upon the people of this Land <GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> his <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">me, of who&s;e offences and <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">a<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">a<GAP DESC="illegible" RESP="apex" EXTENT="5 letters">s you may read in <HI>H<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">e</HI> his mirrour of Ju&s;tices, behold and weigh the puni&s;hment and d<GAP DESC="illegible" RESP="apex" EXTENT="4 letters">ny of Sir <HI>Thomas Weyland,</HI> Sir <HI>R<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">ph Heng<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">a<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">,</HI> Sir <HI>Iohn L<GAP DESC="illegible" RESP="apex" EXTENT="4 letters">o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">,</HI> Sir <HI>William B<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">mpt<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">,</HI> Sir <HI>Solomon R<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">c<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">&s;ter,</HI> Sir <HI><GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ic<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">a<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> B<GAP DESC="illegible" RESP="apex" EXTENT="4 letters">nd,</HI> and their fellowes, <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">flected upon them for their inju&s;tice by King <HI>Edw.</HI> the <GAP DESC="illegible" RESP="apex" EXTENT="1 span"> Con&s;ider the in&s;tability of all <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">umane e&s;tates, thinke not that you are in a &s;ure and unque|<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">io<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">able <GAP DESC="illegible" RESP="apex" EXTENT="1 span">; but remember that <HI>Iob</HI> tells you, Iob 1<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. 18. <HI>That the Lord loo<GAP DESC="illegible" RESP="apex" EXTENT="4 letters"> the bonds of King<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">, and guirdeth their loynes wi<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> a g<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">d<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e,</HI> and I prov you take the coun&s;ell of the w<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">&s;em<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">, P. o. <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">7. 1. <HI>Boa&s;t not thy <GAP DESC="illegible" RESP="apex" EXTENT="3 letters">fe <GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> to morrow, for thou know|e&s;t not what a day may <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">ng <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">o<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">th:</HI> he <GAP DESC="illegible" RESP="apex" EXTENT="2 letters">k <GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> to St. <HI>Iames,</HI> J<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. 4 13 <HI>Go<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> to now y<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e that &s;ay to day or to morrow wee will g<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e into &s;uch a City, and continue there a yeare, and buy, and &s;ell&punc; and get ga<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e? whereas y<GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> know not when &s;hall be on the morrow for what is <GAP DESC="illegible" RESP="apex" EXTENT="4 letters"> life, it is even a valour that appeares for a little time, and then v<GAP DESC="illegible" RESP="apex" EXTENT="3 letters">&s;h <GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">way? do<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> ju&s;t<GAP DESC="illegible" RESP="apex" EXTENT="3 letters"> therefore and execute<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> g<GAP DESC="illegible" RESP="apex" EXTENT="3 letters">&punc; us judgements, rejoyce not in your <GAP DESC="illegible" RESP="apex" EXTENT="1 span">, for all &s;uch <GAP DESC="illegible" RESP="apex" EXTENT="1 span"> young i<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">v<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">ll;</HI> and remember with the &s;ame Apo&s;tle, <HI>that to him that know|eth <GAP DESC="illegible" RESP="apex" EXTENT="2 letters"> <GAP DESC="illegible" RESP="apex" EXTENT="3 letters"> good, and doth it not, to him it is &s;in:</HI> I know you are learned in the L<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">w<GAP DESC="illegible" RESP="apex" EXTENT="2 letters">, and a great Student in the holy Scriptures, I therefore &s;umme up all with the&s;e ex|hortations but of Gods holy Writ, not only to you, but to all the Judges of the</P>
<P><GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> no, beginning it with the charge given by <HI>Mo&s;es</HI> to the Judges of I&s;rael. Heare the cau&s;es between your brethren, and judge righteou&s;ly between every man and his brother, and the &s;tranger that is with him; yee &s;hall not re&s;pect per&s;ons in judgement, but you &s;hall heare the &s;mall as well as the great, you &s;hall not be a|fraid of the face of man, for the judgement is Gods. Deut. 1. 16. 17 and with the good King <HI>Ieho&s;aphat</HI> to his Judges, 2 Cron 19 6. Take <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">eed what you do for yee Judge not for ma<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">, out for the Lord who is with you in the judgement: take like|wi&s;e the Prophets in&s;truction, E&s;<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">y&punc; 1. 17. Learne to do well, &s;eek&punc; judgement, re|lieve the oppre&s;&s;ed, judge the fatherle&s;&s;e, plead for the widdow; and if the&s;e &s;erve no<GAP DESC="illegible" RESP="apex" EXTENT="1 letter"> to per&s;wade you, heare Gods owne words, Levit. 19. 15. you &s;hall not do un|righteou&s;ne&s;&s;e in judgement, thou &s;halt not re&s;pect the per&s;on of the poore, nor ho|nour the per&s;on of the mighty&punc; But in righteou&s;nes &s;hall thou judge thy neighbour&punc; and <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">x<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">d. 23 6 thou &s;hall not wre&s;t the judgement of the poore in his cau&s;e&punc; nay more, follow our ble&s;&s;ed Saviours Precept, Jo<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">. 24. Judge not according to the appearance, but judge righteous judgement, that is according to your Oathes, and the knowne and e&s;tabli&s;hed Lawes of the Land; if yee do otherwi&s;e, you have our Saviours promi&s;e that you &s;hall <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e are of it, Mat. 7. 2. For with what judgement ye judge, yee &s;hall be judged, and with what mea&s;ure yee m<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">a<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e, it &s;hall be mea&s;u|red to you againe. The adver&s;aries of the Lord &s;hall be broken to pieces, out of heaven &s;hall <GAP DESC="illegible" RESP="apex" EXTENT="1 letter">e thunder upon them, the Lord &s;hall judge the ends of the earth, and &s;hall give &s;trength u<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">to the King, and exa<GAP DESC="illegible" RESP="apex" EXTENT="1 letter">t the ho<GAP DESC="illegible" RESP="apex" EXTENT="4 letters"> of his Anointed, for God him&s;elfe is Judge, P&s;al. 50 6. and he &s;hall judge the world in righteou&s;ne&s;&s;e, P&s;al. 9. 8. to who&s;e protection I commit you, and to whom with our ble&s;&s;ed Savi|our Je&s;us Chri&s;t, and the ble&s;&s;ed Spirit be all honour, and glory, world without end.</P>
<CLOSER>Amen.</CLOSER>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
