New Quaeres OF CONSCIENCE, Touching the late OATH; Desiring Resolution. Q. How it consists with 1. The threefold conditions of an Oath in general of Truth, judgement, Righteousness Jer. 4.2. 2. The threefold Oath taken in particular Viz. of 1. Allegiance. 2. Supremacy. 3. Protestation. 3. Their own introduction, Limitation in special, 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 falsehood, doublings, fictions, mental evasions, equivocations, and reservations, and requires simplicity and sincerity, according to the sense and purpose of the imposer. 1 Liquid jurare, 2. Of judgement, not unadvisedly, lightly or wantonly, to satisfy the times, to comply with great persons, for advantage, or carnal security, not upon a Popish implicit faith, but to let every man be persuaded in his own mind, that it be grounded upon a necessary Cause, and taken soberly, advisedly, discreetly, reverently, and in the fear of God. 3. Of Righteousness, That it be not to the prejudice of my Neighbour. He 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 damage 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 pernicious; 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 supreme over all persons, in all causes Ecclesiastical and Temporal, 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 Pope's pretending jurisdiction, yet the intention and extension 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 Successors to the uttermost of my power against all Treasons, & Conspiracies against his Person, Crown and dignity. Secondly, To do 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 Arms against him, or his lifeguard, 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 believe 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 & Doctrine of our Church. For though there be many strange Fancies, and doctrines in the Church of England, yet there is but One express Doctrine of the Church of England, and that is contained 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 King's Majesty hath the Chief power (id est, supremacy) in this Realm of England, unto whom the Chief government of All Estates of this Realm, whether Ecclesiastical or Civil, in all Causes doth appertain, To Rule All estates and degrees committed to his charge, and to restrain with the sword the Stubborn and evil doers, which he cannot do if the Sword or Militia be taken from him. 2. That a man may take up Arms when the Magistrate (id est Supreme power) commandeth. 3. That a man may swear when the Magistrate requires in a cause of Faith and Charity. Implying that no man ought to swear, take solemn Oaths, or Bear Arms without the injunction of the supreme Magistrate. 4. That the two Books of Homilies contains a godly and wholesome 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 lawful for Subjects to raise up Arms against their Sovereign, 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 Counsel 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 scorn, the Lord shall have them in derision. And yet will I set my King upon his holy hill of Zion: He will bruise them with a rod of iron, and, Be wise therefore, and kiss 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, etc. For to tak● up Arms in Case of Religion, against the supreme Power, is a plain Popish Jesuitical 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 Majesties. 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 profess not only in my heart and thought to curse him, contrary to the word of God. Eccles. 10.20. Exod. 22.28. but openly with my mouth to blaspheme him, and in effect say, (which is Nefandum) He is an utter enemy of God's true Religion, a violator of all sacred Vows, 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 evil of Dignities, and yet maintain his Honour, or the Protestant Religion? Did Cham honour his father, when he discovered his nakedness? And do they honour their father that cover and extinguish his virtues and glory, and cast aspersions 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 Governor, and see if he 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, etc. and cannot be absolved from any lawful Oath by any power whatsoever. 4. Though it should not be extended to Church government, yet it will reach to the Civil Supremacy and power of the sword, which it avoucheth to be only in the King, and not in any Subjects whatsoever. Quaere FOUR How can it consist with its own Introduction, id est. That there hath been, and now is a Popish and Traitorous Plot for the subversion of the true Religion. First, How can I believe it, and believe the King's Protestation to the contrary. Secondly, And how can I honour the King, and not believe 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 than I repent of; if the Repentance itself be a mockery, a sin, and a Transgression, its a Repentance to be repent of; and if the light which is in us be darkness, how great is that darkness? if the Repentance itself 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 King's Supremacy over all persons, in all Causes, and plainly denies any power of Arms 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 Arms. Quaere, Who hath made me a Judge over my Sovereign? When he hath protested by all that is sacred, That he will defend the true Protestant Religion, and Liberty of the Subject, etc. Who hath made me a judge over his heart? to sit in God's Tribunal? 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 King's Person, honour and estate, and all and every person (in order to the Protestation) in whatsoever they shall do in pursuance of the same. And yet assist to the utmost of my power, First, Those that hazard his Person, honour and Estates, 2. those that go contrary to the Doctrine of the Church of England (in taking up Arms against the King, under colour of Religion) in all that they shall do in pursuance of the same. What if I should be required to kill my own father natural, civil, or spiritual, my Sovereign, my Parents, my Pastors, if they shall oppose their force by word or deed, and maintain the King's Cause against them; and all this may be included (in pursuance of the same) and we have cause to fear it is so intended, or may be on occasion extended, when it is taken by some (I fear) for good doctrine, 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 Father's 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 hypocritical 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, etc. Gen. 49.5. Simon and Levi, Brethren in evil. O my Soul, come not thou into their (Counsel) 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 cruel. 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. chrysostom, As children pulling a rotten Rope at both ends, contrary-wayes, at last it breaks, and both fall and break their heads and legs. So in a doubtful Twisted Oath, rotten and unsound, when contrary parts pull several ways, 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 breaks his peace. World pulls and falls another way, and breaks his credit. The Spirit of a man would sustain his infirmities, but a wounded Spirit who can bear. Prov. 18.14. Hear Saint Chrysostom's suit and request to his flock. This I now ask, and well never leave ask, That whensoever any is about to swear, Let's take John Baptists head, and with loud cries show it, and cry out against Oaths, and imagine you heard that tongue yet speaking as the voice of a Crier, Hate and abhor an Oath my Murderer; For what my reproof could not effect, an Oath did, And what a Tyrant's fury could not do, that a necessity of Perjury effected. He that once heard him gladly, and did many things, and reverenced his Sanctity, now murdered him cruelly, and that by virtue 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 entangled with this unhappy Covenant, judge rightly of Herod's 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 School Doctrine, No man can be so immured or enclosed betwixt two sins, but he may find the way out without a third. If it be a deadly crime to keep such an Oath it can be no sin to break it. We 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 people's delivering Jonathan out of saul's hand, notwithstanding his father's vow to put him to death. 1. Sam. 14.45. And neither the people are blamed for so doing, nor Saul taxed for yielding to the people. What need more be said, when we find David himself repenting of his rash Oath, to destroy the household 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, repent, and turned again and were crowned with Martyrdom! How many of later days, 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 repent 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 Righteousness burst asunder. FINIS. Oxford Printed for William Web. 1643.