New Quaeres OF CONSCIENCE, Touching the late OATH; Desiring Resolution.

Q. How it consists with
  • 1. The threefold conditions of an Oath in generall of Truth, Iudgement, Righteousnes Jer. 4.2.
  • 2. The threefold Oath taken in particular Viz. of
    • 1. Allegiance.
    • 2. Supremacy.
    • 3. Protestation.
  • 3. Their own introduction, Limitation in speciall, in order to the security and preservation of the True, Reformed, Protestant Religion.

I. Quaere. How it consists with the three Conditions of an OATH.

1. OF Truth, which excludes falshood, doublings, ficti­ons, mentall evasions, aequivocations, and reservati­ons, and requires simplicity and sincerity, according to the sense and purpose of the imposer. 1 Liquide jurare,

2. Of judgement, not unadvisedly, lightly or wantonly, to sa­tisfie the times, to comply with great persons, for advantage, [Page] or carnall securitie, not upon a Popish implicite faith, but to let every man be perswaded in his own minde, that it be grounded upon a necessary Cause, and taken soberly, advised­ly, discreetly, reverently, and in the fear of God.

3. Of Righteousnesse, That it be not to the prejudice of my Neighbour.

Hee that takes it with his private Reservation inconsistent with the Sense and purpose of the Oath, offends against the first. He that takes it for favour of men, offends against the second. He that takes it out of emulation and rage, to the dammage of his Brother, offends against the third.

For these Causes, D. Augustine concludes; Falsa juratio exitiosa est, vera juratio periculosa, nulla juratio secura. False swearing is pernitious; True swearing is dangerous; no swea­ring is secure. Ser. 28. de verb. Apost.

By an ancient Law of the Church, No man was to be sworn but fasting.

Quaere II. How can it consist with the Oath?

1 OF Supremacy. For if he be once supream over all per­sons, in all causes Ecclesiasticall and Temporall, how can I swear to subject him, or bring him under any person, in any Cause whatsoever? and though the chief occasion of that Oath was upon the Popes pretending jurisdiction, yet the in­tention and extention was to shut all his Subjects under the same condition of Obedience.

2 Of Allegiance, For I am bound First, To defend the King and his Successours to the uttermost of my power a­gainst all Treasons, & Conspiracies against his Person, Crown and dignity. Secondly, To doe my best endeavour to reveal all Conspiracies I know or hear against him or any of them, and Third, That no person whatsoever hath power to absolve me of the Oath, and All which seem to be endangered by taking up Armes against him, or his life-guard, or the forces raised by him.

3. Of the late Protestation, in regard of a double seeming Contradiction. For I promise, vow and protest, to maintain the Protestant Religion, expressed in the Doctrine of the Church of England. But this assertion (That in my Consci­ence I do beleeve that the Forces raised by the two Houses of Parliament, are raised and continued for their just defence, and for the defence of the true Protestant Religion) seems to contradict the Protestant Religion & Doctrin of our Church. For though there be many strange Fancies, and doctrines in the Church of England, yet there is but One expresse Doctrine of the Church of England, and that is conteined in the 39 Ar­ticles, and Book of Common Prayer (to which all the regular Clergy must subscribe) and are confirmed by an Act of Parlia­ment. Now one Protestant point of our Religion, expressed in the Doctrine of this Church, is in the 37 Article, Viz.

1. The Kings Majesty hath the Chief power (id est, supremacy) in this Realme of England, unto whom the Chiefe gouernment of All Estates of this Realme, whether Ecclesiasticall or Civill, in all Causes doth appertaine, To Rule All estates and degrees committed to his charge, and to restrain with the sword the Stubborne and evill doers, which hee cannot doe if the Sword or Militia bee taken from him.

2. That a man may take up Armes when the Magistrate (id est Supream power) commandeth.

3. That a man may sweare when the Magistrate requires in a cause of Faith and Charity. Implying that no man ought to sweare, take solemne Oathes, or Beare Armes without the in­junction of the supreame Magistrate.

4. That the two Books of Homilies containes a godly and wholsome Doctrine and are to be read in Churches by the Mi­nisters (not only reading Ministers) diligently and distinctly, that they may be understood of the people.

5. Homil. 21. Against Rebellion, That it is not lawfull for Subjects to raise up Armes against their Soveraigne, under colour of Religion.

Eccles. 4.12.

A threefold cord is not easily broken, except by such as furiously rage to­gether, and lightly imagine a vain thing. By Rulers that take Coun­sell together against the Lord, and against his Anointed, saying, Let us break their bonds asunder, and cast away their Cords from us. But he that sits in Heaven, laughs them to scorne, the Lord shall have them in derision.

And yet will I set my King upon his holy hill of Sion: Hee will bruise them with a rod of iron, and, Be wise therefore, and kisse the Son, lest he be angry.

Psal. 2.1, 2 3.

Quaere III. How can it consist with the Protestation in the second particu­lar, Against all Popish Innovations within the Realm, &c. For to tak [...] up Armes in Case of Religion, against the su­pream Power, is a plain Popish Jesuiticall Innovation, taught and maintained by them in this last age.

And in the third particular.

For I vow and protest to maintain with my life, power and estate, according to the duty of my Allegiance, his Maiesties.

  • 1. Power.
  • 2. Honour.
  • 3. Estate.

Now the Quaere is, How can I maintain?

1. HIS Person, with my life, power and estate, if I swear, To assist an army of men, which he declares (as is thought by many pious and judicious men) to be utter enemies to his life, honour and estate.

Or how can I maintain?

2. His Honour, when by the Oath I professe not onely in my heart and thought to curse him, contrary to the word of God. Eccles. 10.20. Exod. 22.28. but openly wirh my mouth to blaspheme him, and in effect say, (which is Nefandum) He is an utter enemy of Gods true Religion, a violator of all sacred Vowes, Oaths, Bonds and Covenants. And shall I yet say, I maintain his honour? Am I thus presumptuous to judge him, and not afraid to speak evill of Dignities, and yet maintain his Honour, or the Protestant Religion? Did Cham honour his father, when he discovered his nakednesse? And [Page] doe they honor their father that cover and extinguish his ver­tues and glory, and cast aspertions of disgrace and calumny up­on him? Would such Honour be taken of the Father from his children? of the servant from his master? Go and offer that honour to thy Father, thy Master, thy Governour, and see if hee will take it at thy hands. Mal. 1.6.8.

Or how can I maintain?

3. His Estate, when I take part with them that withhold, and withdraw it from him. 2. That put him to such an ex­hausting and consuming charge by maintaining an Army to guard and protect his Person and his Subjects.

Nor will the after Limitation serve to heal the breach of the Oath, by saying, It was not to be extended to the mainte­nance of any Form or Worship, Discipline or Government of the Church of England) for first all the ordained Ministers have subscribed and sworn to all the Doctrine of the Church, &c. and cannot be absolved from any lawfull Oath by any power whatsoever.

4. Though it should not be extended to Church govern­ment, yet it will reach to the Civill Supremacy and power of the sword, which it avoucheth to be only in the King, and not in any Subjects whatsoever.

Quaere IIII. How can it consist with its own

Introduction, id est. That there hath been, and now is a Popish and Traterous Plot for the subversion of the true Religion. First, How can I beleeve it, and beleeve the Kings Protesta­tion to the contrary. Secondly, And how can I honour the King, and not beleeve him? Thirdly, How can I call it a Po­pish Army, when the better and greater part by far are Pro­testants, and against all Popish Plots.

And Expression,

1 IN declaring my sorrow for my sins past, and purpose to a­mend, if in the very Oath I commit greater sins of Diso­bedience, perjury, and blasphemy then I repented of; if the Repentance it self be a mockery, a sin, and a Transgression, its [Page] [...] [Page] [...] [Page] a Repentance to be repented of; and if the light which is in us be darknesse, how great is that darknesse? if the Repentance it self include a Transgression, how great is that Transgression?

2. How is it in order to the securing of our Protestant Re­ligion? When as it is clear by that which is above said, it is directly contrary to the Doctrine of our Church? which clear­ly assents the Kings Supremacy over all persons, in all Causes, and plainly denies any power of Armes to be used by Subjects against the King under colour of Religion. Besides, what our Lord answered for himself, Luk. 12. we his servants may fol­low him to the like offers. Quis constituit me divisorem su­per vos? when one desired him to speak to his Brother to di­vide the inheritance, he answered, Man, who hath made me a divider or judge over you? if any speak to us to take up Armes. Quaere, Who hath made me a Judge over my Soveraigne? When he hath protested by all that is sacred, That he will de­fend the true Protestant Religion, and Liberty of the Sub­ject, &c. Who hath made me a judge over his heart? to sit in Gods Tribunall? or who hath made me a divider betwixt the King and his two Houses of Parliament? or who hath made me a Defender of the faith? by any power coercive, or force of Sword? Am I not rather excluded from it by our Saviour? He that taketh the sword, shall perish by the sword.

How can it consist with former Oaths, Viz.

To maintain the Kings Person, honor and estate, and all and every person (in order to the Protestation) in whatsoever they shall doe in pursuance of the same. And yet assist to the ut­most of my power, First, Those that hazard his Person, honor and Estates, 2. those that go contrary to the Doctrine of the Church of England (in taking up Armes against the King, under colour of Religion) in all that they shall doe in pursuance of the same. What if I should be required to kill my own fa­ther naturall, civill, or spirituall, my Soveraign, my Parents, my Pastours, if they shall oppose their force by word or deed, and maintain the Kings Cause against them; and all this may be encluded (in pursuance of the same) and we haue cause to fear [Page] it is so intended, or may be on occasion extended, when it is ta­ken by some (I fear) for good doctrin, That every man may con­secrate his hand and fall upon his brother, if he judge him an I­dolater. And that the tribe of Levi by that severe execution, did expiate their slain of the Fathers Transgression, in their bloody excision of the Sechemites circumcision. Perhaps the compa­rison holds in part in their furious zeal, of Simeon and Levi, who under an hypocriticall pretext of Religion, and Circum­cision, wrought the utter destruction and excision of the She­chemites. Which made Jacob complain, You have troubled me, and made me to stink among, &c. Gen. 49.5. Simon and Levi, Brethren in evill. O my Soul, come not thou into their (Coun­sell) id est Secret, and into their Assembly, my honour, be not united. Cursed be their anger, for it was fierce, and their wrath, for it was cruell. I will divide them in Jacob, and scatter them in Israel.

Woe to them that draw iniquity with Cords of Vanity, and Sin, as it were with Cart-ropes.

Isai. 5.18, 28.

Chrysostome, As children pulling a rotten Rope at both ends, contrary-wayes, at last it breakes, and both fall and break their heads and legges. So in a doubtfull Twist­ed Oath, rotten and unsound, when contrary parts pull severall wayes, or when Conscience holds one way, and worldly affection pulls another way; The Cord or Oath breaks, and both sides fall into a Gulf of perdition. The one by provoking the Oath, the other by breaking the Oath.

Conscience falls one way, and breakes his peace. World pulls and falls another way, and breaks his credit.

The Spirit of a man would sustein his infirmities, but a woun­ded Spirit who can bear.

Prov. 18.14.

Hear Saint Chrysostomes suit and request to his flock. This I now ask, and well never leave asking, That whensoever any is about to swear, Let's take John Baptists head, and with loud cries shew it, and cry out against Oaths, and imagine you heard that tongue yet speaking as the voice of a Cryer, Hate and ab­hor an Oath my Murderer; For what my reproof could not ef­fect, [Page] an Oath did, And what a Tyrants fury could not doe, that a necessity of Perjury effected. Hee that once heard him gladly, and did many things, and reverenced his Sanctity, now mur­dered him cruelly, and that by vertue of an Oath, for two cau­ses, First For his Oaths sake. Secondly, For Companies sake, id est, in pursuance of his Oath, he cuts off the head of a Saint worth the whole world.

NOw let those who are already intangled with this unhappy Covenant, judge rightly of Herods Case, Whether it had not been much better to have violated his rash Oath, and con­fessed his folly in making it, before all that were present, then so bloodily to have kept it. Let them remember the Schoole Do­ctrine, No man can be so immur'd or inclosed betwixt two sins, but he may find the way out without a third. If it be a deadly crime to keep such an Ooth it can be no sin to break it. Wee see the Israelites found a way to evade their severe vow against the Benjamites, not to give them their daughters. Judg. 21.21. and it is not laid to their charge. We read of the peoples delivering Jonathan out of Sauls hand, notwithstanding his fathers vow to put him to death. 1. Sam. 14.45. And neither the people are blamed for so doing, nor Saul taxed for yeelding to the people. What need more be said, when we finde David himself repenting of his rash Oath, to destroy the houshold of Nabal the Carmelite. 1. Sam. 25.34. How many Christians in the Primitive time may we read of, that having once abjured their Saviour, repented, and turned again and were crowned with Martyrdom! How many of later dayes, that notwithstanding they have once sub­scribed and sworn against the Protestant Doctrine, yet have la­mented their inconstancy, and suffered death valiantly in defence of it! It is a most certain Rule, that in rash Oaths, poenitenda promissio, non perficienda praesumptio: The promise ought to be repented of, presumption ought not to be executed. And in unjust and wicked ones, such as this Covenant, Injusta vincula rumpat justitia. Unjust and unrighteous fetters, let Righteousnes burst asunder.

FINIS.

Oxford Printed for William Web. 1643.

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