An enquiry into the oath required of non-conformists by an act made at Oxford wherein the true meaning of it, and the warrantableness of taking it, is considered / by John Corbett ...
         Corbet, John, 1620-1680.
      
       
         
           1682
        
      
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             An enquiry into the oath required of non-conformists by an act made at Oxford wherein the true meaning of it, and the warrantableness of taking it, is considered / by John Corbett ...
             Corbet, John, 1620-1680.
          
           [2], 19 p.
           
             Printed for Tho. Parkhurst ...,
             London :
             1682.
          
           
             Appears in his Remains. London, 1684.
             Reproduction of original in Union Theological Seminary Library, New York.
          
        
      
    
     
       
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         eng
      
       
         
           Oaths -- England.
        
      
    
     
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           AN
           ENQUIRY
           INTO
           THE
           OATH
           Required
           OF
           
             Non-Conformists
          
           By
           an
           ACT
           Made
           at
           OXFORD
           .
        
         
           Wherein
           the
           True
           Meaning
           of
           IT
           ,
           and
           the
           Warrantableness
           of
           Taking
           it
           ,
           is
           Considered
           .
        
         
           By
           
             JOHN
             CORBETT
             ,
          
           late
           Minister
           at
           
             Chichester
             .
          
        
         
           
             LONDON
             ,
          
           Printed
           for
           
             Tho.
             Parkhurst
          
           at
           the
           
             Bible
          
           and
           
             three
             Crowns
          
           in
           
             Cheapside
          
           near
           
             Mercers
             Chappel
             ,
          
           1682.
           
        
      
    
     
       
         
         
         
           An
           ENQUIRY
           into
           the
           OATH
           Required
           of
           NON-CONFORMISTS
           By
           an
           ACT
           made
           at
           OXFORD
           .
        
         
           
             The
             OATH
             .
          
           
             
               
                 I
                 A.
                 B.
              
               do
               Swear
               ,
               that
               it
               is
               not
               Lawful
               upon
               any
               pretence
               whatsoever
               ,
               to
               take
               Arms
               against
               the
               King
               ;
               and
               that
               I
               do
               abhor
               that
               Traiterous
               Position
               of
               taking
               Arms
               by
               his
               Authority
               against
               his
               Person
               ,
               or
               against
               those
               that
               are
               Commissionated
               by
               him
               ,
               in
               pursuance
               of
               such
               Commissions
               ;
               and
               that
               I
               will
               not
               at
               any
               time
               endeavour
               any
               Alteration
               of
               Government
               either
               in
               Church
               or
               State.
               
            
          
           
           
             THE
             Interpretation
             of
             the
             Oath
             here
             given
             ,
             is
             not
             peremptorily
             determined
             ,
             but
             probably
             concluded
             and
             humbly
             proposed
             ,
             by
             the
             Inquirer
             ,
             to
             men
             of
             sober
             and
             Impartial
             Judgment
             ,
             in
             order
             to
             the
             clearing
             of
             his
             own
             Judgment
             ,
             and
             the
             settling
             of
             his
             own
             Conscience
             about
             this
             important
             Matter
             .
          
           
             In
             Considering
             the
             Warrantableness
             of
             taking
             this
             Oath
             ,
             these
             two
             main
             things
             do
             necessarily
             come
             under
             consideration
             ;
          
           
             I.
             Whether
             the
             words
             do
             signifie
             a
             just
             and
             good
             meaning
             according
             to
             a
             Rational
             Interpretation
             ?
          
           
             II.
             Whether
             such
             just
             and
             good
             meaning
             was
             the
             very
             meaning
             of
             the
             Law-makers
             in
             the
             Enacting
             of
             this
             form
             of
             Words
             .
          
           
             The
             First
             Inquiry
             is
             ,
             whether
             the
             Words
             do
             signifie
             a
             just
             and
             good
             meaning
             according
             to
             a
             Rational
             interpretation
             .
             Now
             in
             the
             way
             of
             Rational
             Interpretation
             ,
             these
             things
             are
             to
             Observed
             ;
          
           
             1.
             
             We
             must
             proceed
             no
             otherwise
             than
             the
             Words
             will
             bear
             in
             their
             ordinary
             signification
             .
             For
             Words
             as
             taken
             in
             their
             common
             use
             are
             the
             first
             and
             most
             noted
             means
             of
             signifying
             the
             Mind
             of
             those
             that
             use
             them
             .
             Therefore
             to
             force
             upon
             them
             a
             sense
             in
             it self
             Rational
             enough
             ,
             
             which
             is
             Alien
             from
             their
             ordinary
             signification
             ,
             is
             indeed
             Irrational
             .
          
           
             2.
             
             A
             Meaning
             ,
             which
             the
             Words
             taken
             by
             themselves
             may
             bear
             ,
             may
             not
             be
             rigidly
             insisted
             on
             against
             the
             intent
             of
             the
             Law.
             For
             the
             Words
             of
             a
             Law
             are
             many
             times
             more
             rigorous
             than
             the
             intent
             ;
             nevertheless
             ,
             they
             are
             but
             subservient
             to
             it
             ,
             and
             may
             not
             be
             urged
             to
             the
             perverting
             of
             it
             .
          
           
             3.
             
             It
             is
             Rational
             to
             Interpret
             a
             Law
             ,
             if
             the
             Words
             will
             bear
             it
             ,
             in
             a
             sense
             agreeable
             to
             right
             Reason
             and
             Equity
             .
             For
             by
             the
             Reverence
             that
             is
             due
             to
             Governours
             ,
             we
             are
             forbidden
             to
             put
             upon
             their
             Acts
             a
             sense
             repugnant
             to
             Reason
             and
             Equity
             ,
             unless
             that
             repugnancy
             be
             apparent
             .
          
           
             4.
             
             It
             is
             Rational
             to
             consider
             this
             Law
             not
             by
             it self
             alone
             ,
             but
             as
             it
             is
             a
             Law
             of
             this
             Realm
             ,
             and
             in
             Conjunctionwith
             the
             other
             Laws
             there
             ;
             of
             and
             consequently
             to
             interpret
             it
             ,
             farre
             as
             the
             Words
             will
             bear
             ,
             in
             a
             sense
             consistent
             with
             the
             constitution
             of
             the
             Realm
             ,
             and
             with
             the
             other
             Laws
             ,
             and
             with
             the
             ordinary
             legal
             Practice
             .
             For
             the
             Law-makers
             must
             not
             be
             supposed
             to
             enact
             things
             inconsistent
             ,
             unless
             the
             inconsistency
             be
             manifest
             .
          
           
             In
             this
             way
             of
             proceeding
             I
             come
             to
             consider
             the
             just
             and
             good
             meaning
             which
             the
             words
             of
             the
             injoyned
             do
             admit
             .
          
           
             
             
               The
               First
               Part
               of
               the
               OATH
               .
            
             
               
                 I
                 do
                 Swear
                 that
                 it
                 is
                 not
                 Lawful
                 upon
                 any
                 pretence
                 whatsoever
                 to
                 take
                 Arms
                 against
                 the
                 King.
                 
              
            
             
               IN
               this
               part
               these
               or
               the
               like
               words
               [
               
                 I
                 do
                 hold
              
               or
               
                 I
                 do
                 believe
              
               ]
               are
               necessarily
               and
               evidently
               to
               be
               understood
               .
               For
               the
               thing
               that
               the
               Law
               seeks
               or
               aimes
               at
               ,
               is
               not
               the
               truth
               of
               the
               Proposition
               ,
               which
               is
               presupposed
               ,
               but
               the
               discovery
               of
               the
               swearers
               Judgment
               concerning
               it
               .
               This
               may
               further
               appear
               from
               some
               other
               Act
               ,
               where
               the
               said
               Words
               are
               expressed
               in
               the
               like
               imposition
               .
               [
               
                 I
                 Swear
                 that
                 I
                 hold
                 it
                 unlawful
                 to
                 take
                 Arms
                 against
                 the
                 King.
              
               ]
            
             
               As
               for
               these
               words
               [
               
                 upon
                 any
                 pretence
                 whatsoever
              
               ]
               they
               signifie
               no
               less
               than
               upon
               any
               cause
               ,
               or
               in
               any
               case
               whatsoever
               ;
               so
               that
               this
               Tenet
               (
               as
               I
               apprehend
               )
               is
               sworn
               to
               without
               any
               restriction
               or
               limitation
               .
               But
               then
               it
               must
               be
               considered
               ,
               that
               these
               Words
               [
               
                 to
                 take
                 Arms
                 against
                 the
                 King
              
               ]
               must
               be
               taken
               in
               their
               due
               and
               legal
               sense
               ;
               and
               so
               taken
               ,
               they
               import
               the
               resisting
               of
               the
               Soveraign
               Authority
               ,
               or
               the
               power
               ordained
               of
               God
               ,
               which
               is
               not
               
               Lawful
               upon
               any
               pretence
               whatsoever
               .
               I
               know
               it
               is
               objected
               that
               some
               of
               the
               most
               eminent
               Assertors
               of
               the
               power
               of
               Princes
               ,
               as
               
                 Grotius
                 ,
                 `
                 Barclay
                 ,
              
               &c.
               have
               Restrictions
               and
               Cases
               of
               Exception
               in
               this
               Point
               .
               But
               I
               conceive
               that
               the
               objected
               Cases
               of
               Exception
               delivered
               by
               them
               ,
               are
               not
               properly
               Restrictions
               laid
               upon
               the
               Tenet
               ,
               but
               Explanations
               of
               its
               meaning
               ,
               that
               their
               Readers
               may
               not
               mistake
               some
               for
               delinquents
               against
               it
               ,
               who
               indeed
               are
               not
               such
               according
               to
               their
               Judgement
               .
            
             
               The
               design
               of
               this
               part
               of
               the
               Oath
               ,
               is
               to
               Renounce
               all
               Rebellion
               ,
               and
               all
               resistance
               contrary
               to
               due
               Subjection
               ,
               as
               not
               to
               be
               justified
               upon
               any
               Cause
               ,
               or
               in
               any
               Case
               ,
               that
               may
               come
               to
               pass
               .
               And
               its
               due
               legal
               meaning
               is
               Rationally
               conceived
               to
               be
               ,
               That
               it
               is
               not
               Lawful
               upon
               any
               pretence
               whatsoever
               for
               any
               of
               the
               King's
               Majesties
               Subjects
               to
               take
               Arms
               against
               his
               Person
               ,
               or
               Authority
               ,
               or
               any
               of
               his
               Rights
               and
               Dignities
               .
            
          
           
             
             
               The
               Second
               Part
               of
               the
               OATH
               .
            
             
               
                 And
                 that
                 I
                 do
                 abhorre
                 that
                 Traiterous
                 Position
                 of
                 taking
                 Arms
                 by
                 his
                 Authority
                 against
                 his
                 Person
                 ,
                 or
                 against
                 those
                 that
                 are
                 Commissionated
                 by
                 him
                 ,
                 in
                 pursuance
                 of
                 such
                 Commissions
                 .
              
            
             
               THE
               Position
               of
               taking
               Arms
               by
               the
               Kings
               Authority
               against
               his
               Person
               is
               justly
               to
               be
               disclaimed
               .
               Though
               the
               King's
               Person
               and
               his
               Authority
               be
               distinct
               ,
               yet
               they
               are
               not
               separate
               .
               The
               King's
               Authority
               is
               inherent
               in
               his
               Person
               ,
               and
               in
               no
               other
               .
               Though
               it
               be
               exercised
               by
               an
               other
               during
               his
               Natural
               incapacity
               ,
               as
               in
               his
               infancy
               ,
               yet
               his
               Person
               alone
               is
               the
               proper
               Seat
               and
               Subject
               of
               it
               ,
               and
               that
               other
               exerciseth
               it
               only
               in
               his
               Name
               ,
               and
               as
               his
               Vicegerent
               .
               Indeed
               sometimes
               an
               inferiour
               Authority
               ,
               as
               that
               of
               a
               Judge
               ,
               or
               Justice
               of
               Peace
               ,
               or
               Constable
               is
               called
               the
               King's
               Authority
               ;
               but
               in
               proper
               signification
               it
               is
               no
               more
               than
               the
               Authority
               of
               the
               said
               Officers
               derived
               from
               the
               King
               as
               the
               Fountain
               thereof
               .
               Now
               it
               is
               most
               absurdly
               spoken
               or
               imagined
               that
               the
               King's
               Authority
               ,
               which
               is
               inherent
               in
               his
               Person
               only
               ,
               can
               be
               exerted
               in
               taking
               Arms
               
               against
               his
               Person
               .
               Likewise
               it
               is
               as
               absurdly
               spoken
               or
               imagined
               ,
               that
               an
               Authority
               inherent
               in
               an
               other
               ,
               but
               derived
               from
               the
               King
               and
               dependent
               on
               him
               ,
               should
               be
               so
               exerted
               .
            
             
               The
               following
               Words
               [
               
                 or
                 against
                 those
                 that
                 are
                 Commissionated
                 by
                 him
              
               ]
               are
               most
               Rationally
               understood
               of
               those
               ,
               that
               are
               Legally
               Commissionated
               by
               him
               .
               Likewise
               by
               pursuance
               of
               such
               Commissions
               is
               meant
               Legal
               Pursuance
               .
               It
               cannot
               reasonably
               be
               supposed
               ,
               that
               a
               Law
               ,
               on
               the
               behalf
               of
               Persons
               Commissionated
               ,
               doth
               intend
               any
               other
               than
               such
               as
               are
               Commissionated
               not
               against
               ,
               but
               according
               to
               ,
               Law.
               A
               Commission
               against
               Law
               is
               no
               Commission
               .
               Wherefore
               Commissionated
               in
               this
               place
               is
               of
               the
               same
               import
               with
               authorized
               .
            
          
           
             
             
               The
               Third
               Part
               of
               the
               OATH
               .
            
             
               
                 That
                 I
                 will
                 not
                 at
                 any
                 time
                 endeavour
                 any
                 Alteration
                 of
                 Government
                 either
                 in
                 Church
                 or
                 State.
                 
              
            
             
               I
               Confess
               that
               these
               Words
               [
               
                 I
                 will
                 not
                 at
                 any
                 time
                 endeavour
                 any
                 Alteration
              
               ]
               taken
               by
               themselves
               ,
               may
               be
               interpreted
               so
               unlimitedly
               as
               to
               import
               the
               abjuring
               of
               all
               kind
               of
               endeavour
               of
               any
               Alteration
               whatsoever
               ,
               whether
               great
               or
               small
               ,
               for
               the
               better
               or
               the
               worse
               ,
               necessary
               or
               unnecessary
               .
               Nevertheless
               being
               considered
               as
               the
               words
               of
               a
               Law
               in
               Conjunction
               with
               other
               Laws
               ,
               they
               may
               be
               well
               limited
               to
               a
               more
               temperate
               and
               equitable
               meaning
               .
               We
               cannot
               reasonably
               imagine
               that
               the
               intendment
               of
               this
               Oath
               extends
               so
               far
               as
               the
               abjuring
               of
               all
               lawful
               endeavour
               in
               our
               place
               and
               calling
               of
               any
               alteration
               whatsoever
               in
               any
               point
               of
               Government
               ,
               though
               never
               so
               small
               ,
               never
               so
               necessary
               ,
               never
               so
               advantageous
               for
               the
               publick
               good
               in
               this
               or
               after
               times
               .
               The
               informing
               and
               petitioning
               of
               Parliament-men
               ,
               and
               legally
               acting
               in
               them
               in
               order
               to
               the
               alteration
               of
               particular
               Laws
               is
               warranted
               by
               the
               Fundamental
               Constitution
               of
               this
               Realm
               .
               Wherefore
               it
               is
               
               Rationally
               conceived
               ,
               that
               the
               true
               intent
               of
               this
               part
               is
               to
               engage
               against
               disturbing
               the
               Publick
               Peace
               and
               Government
               now
               Established
               ,
               by
               Rebellion
               ,
               Sedition
               or
               any
               other
               unlawful
               practice
               ;
               and
               that
               the
               endeavour
               here
               abjured
               is
               only
               such
               as
               is
               forbidden
               or
               not
               Warrantable
               by
               Law.
               For
               a
               Law
               ought
               to
               be
               interpreted
               ,
               as
               far
               as
               is
               possible
               ,
               so
               as
               to
               be
               consistent
               with
               Equity
               and
               Justice
               ;
               and
               it
               ought
               not
               to
               be
               so
               interpreted
               ,
               as
               to
               damn
               the
               ordinary
               Course
               of
               Law
               ,
               and
               the
               necessary
               allowed
               practice
               ,
               such
               as
               is
               the
               Alteration
               of
               Laws
               both
               in
               Civil
               and
               Ecclesiastical
               matters
               from
               time
               to
               time
               ,
               as
               need
               requires
               .
            
             
               The
               Restrictive
               Interpretation
               here
               given
               ,
               is
               no
               forcing
               of
               the
               intendment
               of
               the
               Oath
               in
               this
               part
               into
               a
               narrower
               Compass
               ,
               than
               the
               form
               of
               Expression
               can
               well
               bear
               .
               Indefinite
               Words
               are
               to
               be
               limited
               according
               to
               the
               Nature
               and
               Reason
               of
               the
               thing
               about
               which
               they
               are
               used
               .
               So
               is
               the
               indefinite
               expression
               of
               endeavour
               to
               be
               here
               limited
               that
               the
               Oath
               may
               bear
               a
               just
               and
               equal
               sense
               in
               Conformity
               to
               other
               Laws
               ,
               and
               to
               the
               ordinary
               Legal
               Practice
               .
            
             
               Besides
               ,
               seeing
               the
               Words
               [
               
                 any
                 Alteration
                 of
                 Government
              
               ]
               are
               an
               unlimited
               form
               of
               Expression
               ,
               and
               put
               no
               difference
               between
               the
               most
               alterable
               ,
               and
               the
               most
               unalterable
               Points
               ,
               certainly
               it
               is
               most
               Rational
               to
               conceive
               that
               the
               Word
               endeavour
               
               is
               to
               be
               taken
               in
               a
               restrained
               sense
               .
               For
               it
               is
               not
               to
               be
               thought
               that
               the
               Law
               should
               intend
               the
               perpetual
               securing
               of
               the
               least
               and
               most
               alterable
               points
               of
               Government
               ,
               as
               much
               as
               the
               greatest
               and
               most
               unalterable
               .
               Yet
               it
               could
               intend
               no
               less
               ,
               if
               the
               abjuring
               of
               all
               kind
               of
               endeavour
               of
               any
               Alteration
               were
               intended
               .
               Moreover
               though
               the
               Law
               doth
               not
               explicitly
               ,
               yet
               it
               doth
               implicitly
               distinguish
               in
               the
               present
               case
               ,
               and
               restrain
               it
               to
               Rebellious
               ,
               Seditious
               ,
               Schismatical
               ,
               or
               other
               unlawful
               endeavour
               .
               For
               it
               is
               the
               declared
               end
               of
               the
               Law
               to
               obviate
               the
               designs
               of
               such
               [
               as
               take
               opportunity
               to
               instill
               Poisonous
               Principles
               of
               Schism
               and
               Rebellion
               into
               the
               hearts
               of
               his
               Majesties
               Subjects
               ]
               as
               the
               Words
               thereof
               are
               .
            
             
               The
               second
               thing
               to
               be
               considered
               is
               ,
               whether
               the
               just
               and
               good
               meaning
               before
               set
               forth
               was
               the
               very
               meaning
               of
               the
               Law-makers
               in
               the
               enacting
               of
               this
               form
               of
               words
               .
            
             
               A
               Law
               being
               the
               Will
               of
               the
               Lawgiver
               must
               be
               taken
               in
               that
               meaning
               ,
               which
               is
               therein
               immediately
               signified
               by
               him
               to
               be
               his
               Will.
               And
               that
               meaning
               being
               not
               his
               secret
               or
               private
               but
               his
               declared
               and
               publick
               will
               ,
               must
               some
               way
               or
               other
               be
               so
               evident
               and
               open
               ▪
               as
               that
               the
               Subjects
               may
               be
               sufficiently
               informed
               thereof
               ,
               if
               they
               be
               not
               culpably
               negligent
               .
               That
               the
               meaning
               of
               the
               Law-giver
               be
               made
               thus
               open
               and
               evident
               is
               a
               
               condition
               necessary
               to
               be
               constituting
               of
               the
               Subjects
               Duty
               .
               Now
               to
               discern
               what
               it
               is
               ,
               they
               are
               to
               use
               their
               Judgments
               of
               Discretion
               ,
               that
               their
               submission
               to
               it
               may
               be
               according
               to
               right
               Reason
               and
               Good
               Conscience
               .
               In
               the
               present
               Case
               the
               declared
               and
               publick
               will
               and
               meaning
               of
               the
               King
               and
               his
               two
               Houses
               of
               Parliament
               is
               to
               be
               considered
               and
               discerned
               .
            
             
               Sometimes
               the
               meaning
               of
               the
               Law-giver
               may
               be
               so
               clearly
               expressed
               in
               the
               Law
               it self
               ,
               that
               he
               ,
               who
               hath
               the
               understanding
               of
               a
               man
               ,
               cannot
               or
               need
               not
               mistake
               it
               ,
               and
               then
               there
               needs
               no
               farther
               inquiry
               about
               it
               .
               Sometimes
               being
               not
               so
               clearly
               expressed
               in
               the
               Law
               it self
               ,
               it
               may
               be
               more
               fully
               done
               by
               some
               other
               declarative
               act
               ,
               or
               open
               express
               signification
               of
               the
               Law-giver
               ,
               and
               then
               also
               their
               needs
               no
               further
               inquiry
               .
               But
               in
               case
               the
               said
               meaning
               be
               not
               so
               clearly
               signified
               by
               the
               Law
               it self
               ,
               nor
               by
               some
               Authoritative
               Declaration
               ,
               nor
               by
               other
               open
               express
               signification
               ,
               then
               of
               necessity
               recourse
               must
               be
               had
               to
               a
               Rational
               interpretation
               :
               And
               according
               to
               Reason
               ,
               that
               sense
               ,
               which
               the
               words
               do
               conveniently
               import
               ,
               which
               is
               agreeable
               to
               the
               Law
               of
               God
               ,
               and
               which
               the
               Constitution
               of
               the
               Realm
               ,
               and
               other
               Laws
               thereof
               ,
               and
               the
               ordinary
               legal
               practice
               do
               require
               ,
               is
               to
               be
               taken
               for
               the
               declared
               and
               publick
               Will
               and
               meaning
               of
               the
               Law-giver
               ;
               Especially
               if
               it
               answer
               the
               design
               of
               that
               very
               particular
               Law.
               
            
             
             
               The
               meaning
               of
               the
               Oath
               now
               considered
               is
               not
               so
               clearly
               expressed
               in
               the
               Words
               taken
               by
               themselves
               ,
               as
               to
               prevent
               all
               mistaking
               or
               doubting
               thereof
               in
               all
               ,
               that
               are
               men
               of
               Understanding
               ,
               and
               make
               use
               of
               it
               .
               The
               Words
               may
               bear
               a
               far
               more
               extensive
               sense
               ,
               than
               what
               may
               be
               judged
               to
               be
               the
               true
               intent
               and
               meaning
               of
               the
               Law-makers
               .
               The
               sense
               of
               many
               Laws
               ,
               which
               are
               unquestionably
               Just
               and
               Good
               ,
               do
               lye
               in
               a
               Narrower
               Compass
               than
               the
               full
               extent
               of
               the
               Words
               taken
               by
               themselves
               ,
               as
               is
               manifest
               in
               these
               Divine
               Laws
               .
               
                 Swear
                 not
                 at
                 all
                 .
                 Call
                 no
                 man
                 Father
                 on
                 the
                 Earth
                 .
              
            
             
               The
               Law-makers
               have
               not
               by
               any
               Authoritative
               Declaration
               ,
               or
               open
               act
               signified
               that
               their
               meaning
               in
               this
               Oath
               is
               as
               extensive
               as
               any
               sense
               ,
               which
               the
               Words
               taken
               by
               themselves
               will
               bear
               ,
               or
               that
               it
               is
               not
               to
               be
               limited
               to
               an
               equitable
               intendment
               in
               a
               Consistency
               with
               the
               other
               Laws
               ,
               and
               that
               legal
               practice
               ,
               which
               they
               themselves
               own
               and
               maintain
               .
               Therefore
               that
               equal
               sense
               which
               the
               Words
               do
               fairly
               bear
               ,
               and
               which
               bears
               Conformity
               to
               the
               Law
               of
               God
               ,
               and
               which
               the
               other
               Laws
               ,
               and
               the
               Constitution
               of
               the
               Realm
               ,
               and
               the
               ordinary
               legal
               practice
               do
               require
               ,
               and
               which
               suits
               with
               the
               design
               of
               this
               very
               Law
               ,
               is
               in
               Reason
               to
               be
               taken
               for
               their
               declared
               and
               publick
               Will
               and
               meaning
               in
               this
               Oath
               .
            
             
             
               Here
               let
               us
               look
               back
               upon
               the
               Interpretation
               before
               given
               .
               Is
               there
               any
               just
               Reason
               to
               conceive
               that
               the
               Law-makers
               or
               the
               Major
               part
               of
               them
               did
               in
               the
               first
               part
               of
               the
               Oath
               intend
               by
               taking
               Arms
               against
               the
               King
               ,
               any
               other
               than
               what
               is
               such
               by
               the
               Law
               of
               this
               Kingdom
               ?
               Or
               that
               in
               the
               second
               Part
               ,
               they
               intended
               by
               those
               that
               are
               Commissionated
               by
               him
               any
               others
               than
               those
               that
               are
               Commissionated
               by
               him
               according
               to
               Law
               ?
               Or
               that
               in
               the
               third
               Part
               ,
               they
               intended
               the
               abjuring
               of
               all
               kind
               of
               endeavour
               ,
               and
               not
               that
               only
               which
               the
               Law
               forbids
               ,
               or
               is
               not
               warranted
               by
               Law
               ?
               And
               more
               especially
               concerning
               the
               third
               Part
               ,
               which
               hath
               been
               most
               called
               into
               question
               ,
               can
               it
               Rationally
               be
               supposed
               that
               the
               generality
               or
               Majority
               of
               them
               intended
               to
               bind
               men
               by
               Oath
               from
               lawfully
               endeavouring
               in
               their
               places
               such
               Changes
               about
               particular
               Laws
               or
               Canons
               ,
               as
               they
               themselves
               ordinarily
               make
               in
               their
               Places
               by
               Voting
               in
               Parliament
               ,
               and
               some
               of
               them
               being
               Clergy-men
               by
               Voting
               in
               Convocation
               ?
               Or
               can
               it
               Rationally
               be
               supposed
               that
               they
               intended
               to
               bind
               only
               one
               sort
               of
               men
               ,
               called
               Non-conformists
               ,
               from
               lawful
               endeavours
               of
               the
               publick
               good
               ,
               while
               others
               were
               left
               free
               .
            
             
               If
               it
               be
               Objected
               that
               Law-makers
               may
               in
               some
               particular
               Law
               have
               a
               meaning
               repugnant
               to
               Equity
               ,
               and
               to
               the
               Ordinary
               Course
               of
               Law
               and
               
               legal
               Practice
               ,
               my
               answer
               is
               ,
               that
               the
               Reverence
               and
               Charity
               ,
               which
               is
               due
               to
               our
               Superiours
               forbids
               us
               to
               conceive
               that
               they
               have
               such
               a
               meaning
               ,
               unless
               we
               be
               compell'd
               to
               it
               by
               convincing
               Reason
               .
               Now
               we
               are
               not
               compell'd
               to
               conceive
               thus
               by
               the
               Words
               of
               the
               Oath
               ,
               for
               they
               carry
               it
               fairly
               for
               a
               very
               good
               meaning
               ;
               nor
               by
               the
               Scope
               of
               the
               Law
               (
               which
               is
               expresly
               declared
               to
               prevent
               the
               distilling
               of
               the
               Principles
               of
               Schism
               and
               Rebellion
               into
               the
               hearts
               of
               his
               Majesties
               Subjects
               )
               ;
               nor
               yet
               by
               any
               publick
               or
               open
               Act
               of
               the
               Law-Makers
               .
               Have
               the
               Majority
               of
               them
               as
               so
               many
               single
               Persons
               severally
               declared
               such
               a
               meaning
               ,
               as
               is
               suggested
               in
               the
               Objection
               ?
               Or
               can
               it
               reasonably
               be
               imagined
               that
               they
               would
               ever
               so
               declare
               ?
               Or
               is
               there
               any
               other
               Evidence
               or
               convincing
               Reason
               to
               be
               produced
               for
               it
               ?
            
             
               The
               Will
               of
               the
               Lawgiver
               ,
               which
               the
               Subjects
               are
               bound
               to
               take
               notice
               of
               ,
               is
               that
               which
               is
               so
               publick
               and
               open
               ,
               that
               they
               may
               be
               inform'd
               of
               it
               ,
               if
               they
               be
               not
               culpably
               negligent
               .
               But
               if
               any
               shall
               imagine
               him
               to
               have
               a
               private
               Will
               or
               Aim
               in
               the
               contrivance
               of
               a
               Law
               different
               from
               his
               publick
               and
               open
               Will
               and
               meaning
               ,
               the
               Subjects
               are
               not
               concerned
               therein
               ,
               because
               it
               is
               not
               the
               Law
               or
               Will
               of
               the
               Lawgiver
               as
               such
               .
               For
               a
               Law
               is
               the
               Will
               of
               the
               Governour
               ,
               not
               as
               meerly
               existent
               ,
               but
               as
               declared
               ,
               Wherefore
               touching
               this
               Oath
               ,
               that
               which
               the
               Subjects
               are
               concerned
               in
               ,
               is
               to
               know
               
               what
               is
               the
               apparent
               or
               sufficiently
               declared
               meaning
               of
               the
               Law-makers
               therein
               ,
               and
               that
               the
               same
               is
               Just
               and
               Good.
               
            
             
               Being
               it
               is
               further
               noted
               ,
               that
               it
               is
               no
               more
               than
               the
               meaning
               of
               the
               Law-makers
               expressed
               in
               the
               Words
               of
               the
               Oath
               ,
               touching
               two
               general
               Positions
               ,
               and
               a
               general
               promise
               ,
               that
               is
               sworn
               unto
               in
               the
               taking
               thereof
               .
               In
               the
               first
               part
               of
               this
               Oath
               the
               Person
               ,
               upon
               whom
               it
               is
               imposed
               ,
               is
               called
               to
               swear
               this
               general
               ,
               Tenet
               according
               to
               the
               true
               intent
               of
               the
               Words
               ,
               
                 That
                 it
                 is
                 not
                 lawful
                 upon
                 any
                 pretence
                 whatsoever
                 to
                 take
                 Arms
                 against
                 the
                 King
                 ;
              
               but
               not
               that
               this
               or
               that
               case
               is
               a
               taking
               Arms
               against
               the
               King
               ,
               which
               is
               not
               signified
               by
               this
               Oath
               ,
               but
               by
               the
               Law
               and
               State
               of
               this
               Kingdom
               .
               In
               the
               second
               Part
               he
               is
               called
               to
               abjure
               the
               general
               Position
               of
               
                 taking
                 Arms
                 by
                 the
                 King's
                 Authority
                 against
                 his
                 Person
                 or
                 those
                 that
                 are
                 commissionated
                 by
                 him
                 according
                 to
                 his
                 Laws
                 .
              
               But
               who
               are
               Commissionated
               according
               to
               Law
               ,
               and
               who
               are
               not
               ,
               is
               not
               signified
               by
               this
               Oath
               ,
               but
               by
               the
               Law
               of
               this
               Kingdom
               .
               Likewise
               in
               the
               third
               Part
               he
               is
               called
               to
               make
               this
               General
               promise
               upon
               Oath
               ,
               that
               he
               
                 will
                 not
                 at
                 any
                 time
                 endeavour
                 any
                 Alteration
                 of
                 Government
                 either
                 in
                 Church
                 or
                 State
                 by
                 any
                 unlawful
                 means
                 .
              
               But
               what
               means
               are
               unlawful
               ,
               and
               what
               are
               not
               ,
               is
               not
               signified
               by
               this
               Oath
               ,
               but
               by
               the
               Law
               and
               Constitution
               of
               this
               Kingdom
               .
               And
               it
               behoves
               him
               in
               all
               particular
               Cases
               ,
               that
               may
               
               come
               under
               the
               said
               Generals
               ,
               to
               judge
               and
               act
               as
               the
               said
               Law
               and
               Constitution
               doth
               determine
               .
            
             
               I
               have
               used
               the
               best
               of
               my
               Understanding
               in
               this
               Inquiry
               ;
               and
               I
               should
               not
               thus
               labour
               in
               it
               ,
               were
               it
               not
               my
               own
               concernment
               .
               What
               I
               can
               discern
               thereof
               I
               have
               impartially
               set
               down
               :
               yet
               if
               any
               thing
               here
               written
               should
               be
               found
               Erroneous
               ,
               I
               disclaim
               and
               revoke
               it
               .
               The
               issue
               of
               the
               whole
               disquisition
               is
               to
               propose
               it
               to
               the
               Consideration
               of
               Sober
               ,
               Judicious
               and
               Unprejudiced
               Persons
               ,
               whether
               the
               full
               meaning
               of
               the
               prescribed
               Oath
               be
               not
               expressed
               in
               this
               more
               explicate
               from
               here
               following
               .
            
             
               
                 I
              
               Do
               Swear
               ,
               that
               I
               do
               believe
               that
               it
               is
               not
               Lawful
               upon
               any
               pretence
               whatsoever
               ,
               for
               any
               of
               the
               King's
               Majesties
               Subjects
               to
               take
               Arms
               against
               his
               Person
               or
               Authority
               ,
               or
               any
               of
               his
               Rights
               and
               Dignities
               ;
               And
               that
               I
               do
               abhor
               the
               Traiterous
               Position
               of
               taking
               Arms
               by
               his
               Authority
               against
               his
               Person
               ,
               or
               against
               those
               that
               are
               Legally
               Commissionated
               by
               him
               ,
               in
               the
               Legal
               pursuance
               of
               such
               Commissions
               ;
               And
               that
               I
               will
               not
               at
               any
               time
               endeavour
               any
               Alteration
               of
               Government
               either
               in
               Church
               or
               State
               ,
               by
               Rebellion
               ,
               Sedition
               ,
               or
               any
               other
               means
               forbidden
               or
               not
               Warranted
               by
               Law.
               
            
             
             
               It
               is
               the
               Duty
               of
               a
               Subject
               to
               give
               due
               security
               for
               his
               Loyalty
               to
               the
               King
               and
               his
               Government
               ;
               And
               it
               is
               the
               Property
               of
               one
               that
               feareth
               God
               ,
               to
               fear
               an
               Oath
               .
            
             
               I
               think
               I
               have
               set
               forth
               the
               true
               intent
               and
               meaning
               of
               the
               Oath
               ,
               and
               I
               do
               not
               see
               how
               it
               can
               be
               reasonably
               taken
               otherwise
               .
               Nevertheless
               in
               the
               matter
               here
               discussed
               ,
               I
               am
               unavoidably
               timorous
               ,
               and
               therefore
               have
               published
               this
               Inquiry
               to
               the
               intent
               ,
               that
               if
               I
               be
               in
               the
               right
               ,
               I
               may
               be
               confirmed
               in
               it
               by
               the
               sufficient
               Testimony
               of
               others
               ;
               but
               in
               Case
               I
               have
               misunderstood
               it
               ,
               that
               I
               may
               be
               better
               informed
               ,
               and
               set
               Right
               .
               My
               design
               is
               to
               expedite
               my self
               and
               others
               concern'd
               in
               the
               taking
               of
               this
               Oath
               from
               groundless
               scrupulosity
               ;
               yet
               I
               would
               not
               encourage
               my self
               or
               others
               to
               take
               it
               in
               a
               wrong
               meaning
               .
               If
               I
               take
               it
               ,
               it
               must
               be
               in
               the
               sense
               before
               given
               ,
               which
               I
               think
               is
               a
               full
               renouncing
               of
               those
               Principles
               of
               Schism
               and
               Rebellion
               ,
               against
               which
               this
               Law
               designs
               to
               secure
               the
               Government
               .
            
             
               FINIS
               .
            
          
        
      
    
     
       
         
         
           Several
           Tracts
           not
           yet
           Printed
           ,
           prepared
           for
           the
           Press
           ,
           and
           left
           under
           Mr.
           
             John
          
           Corbett's
           own
           hand-writing
           ,
           intended
           shortly
           to
           be
           Published
           ,
           are
           as
           follows
           ;
        
         
           1.
           
           MAtrimonial
           Purity
           .
        
         
           2.
           
           An
           Humble
           endeavour
           of
           some
           plain
           and
           brief
           Explication
           of
           the
           Decrees
           and
           Operations
           of
           God
           about
           the
           free
           Actions
           of
           Men.
           More
           especially
           of
           the
           Operations
           of
           Divine
           Grace
           .
        
         
           3.
           
           A
           Discourse
           of
           the
           Church
           and
           of
           the
           Ministry
           thereof
           .
        
         
           4.
           
           A
           Tract
           of
           Certainty
           and
           Infallibility
           .
        
         
           5.
           
           Of
           Divine
           Worship
           ,
           in
           three
           Parts
           ;
           1.
           
           Of
           the
           Nature
           ,
           Kinds
           ,
           Parts
           and
           Adjuncts
           of
           Divine
           Worship
           .
           2.
           
           Of
           Idolatry
           .
           3.
           
           Of
           Superstition
           less
           than
           Idolatry
           .
        
         
           6.
           
           The
           true
           State
           of
           the
           Ancient
           Episcopacy
           .
        
         
           7.
           
           The
           present
           Ecclesiastical
           Government
           ,
           compared
           with
           the
           Ancient
           Episcopacy
           .
        
         
           8.
           
           A
           Consideration
           of
           the
           present
           State
           of
           Conformity
           in
           the
           Church
           of
           
             England
             .
          
        
         
           9.
           
           An
           Account
           of
           his
           ,
           and
           other's
           Judgment
           and
           Practice
           ,
           and
           their
           Vindication
           against
           Mis-representations
           made
           of
           them
           ,
           and
           Hearty
           desire
           of
           Unity
           in
           the
           Church
           ,
           and
           of
           Peace
           and
           Concord
           among
           all
           true
           Protestants
           for
           the
           strengthening
           of
           their
           Common
           Interest
           in
           this
           time
           of
           Danger
           .
           
           With
           his
           Judgment
           as
           to
           Communion
           with
           Parish
           Churches
           in
           the
           Worship
           of
           God.
           
        
         
           10.
           
           His
           Humble
           Representation
           of
           his
           Case
           touching
           the
           Exercise
           of
           his
           Ministry
           .
        
         
           11.
           
           Discourses
           between
           Dr.
           
             Gunning
             ,
          
           late
           Bishop
           of
           
             Chichester
             ,
          
           and
           himself
           ;
           wherein
           are
           several
           Humble
           Defences
           made
           both
           as
           to
           his
           Principles
           and
           Practice
           .