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The Dissonant Harmony of Sacred Public Oaths · William Prynne

The Dissonant Harmony of Sacred Public Oaths, Title page

CONCORDIA DISCORS, OR THE DISSONANT HARMONY OF Sacred PUBLIqUE OATHES, PROTESTATIONS, LEAGUES, COVENANTS, INGAGEMENTS, lately taken by many TIME-SERVING SAINTS, Officers, without ſcruple of Conſcience; making a very unpleaſant Conſort in the Ears of our moſt faithfull Oath-performing, Covenant-keeping God, and all Loyal conſciencious Subjects; ſufficient to create a dolefull HELL, and tormenting Horror in the awakned Conſciences of all thoſe, who have taken, and violated them too, ſucceſſively, without any fear of God, Men, Devils, or Hell.

By WILLIAM PRYNNE Eſq a Bencher of Lincolns-Inne.

Numb. 30. 2.

If a man vow a Vow unto the Lord, or ſwear an Oath to bind his Soul with a Bond, he ſhall not break his word, he ſhall do according to all that proceedeth out of his Mouth.

Gal. 3. 15.

Brethren I ſpeak after the manner of men, though it be but a mans Covenant, yet if it be confirmed, no man diſannulleth or addeth thereunto.

Jer. 23. 10.

Becauſe of Swearing the Land mourneth, the pleaſant places of the wilderneſs are dryed up, their courſe is evil, and their force is not right.

Auguſtin de verbis Apoſtoli Sermo 30.

Falſa Juratio exitioſa eſt, vera juratio periculoſa eſt, nulla iuratio ſecura eſt. Tantum mali habet juratio, ut qui lapides colunt timeant falſum jurare per lapides: Tu non times Deum praeſentem, Deum viventem, Deum ſ…ientem, Deum moven…em, Deum in contemptores vindicantem? Vis ergò longè eſſe a perjurio? Jurare noli.

Chryſ. Hom. 12. in Mat. 5.

Niſi juramentū interdicatur, non poſſunt amputari perjuria, Nemo eſt enim qui frequenter jurat, & non aliquando perjuret.

London, Printed for Edward Thomas at the Adam and Eve in Little Britain, 1659.

The diſſonant Harmony or ſacred publick Oaths, Proteſtations, Leagues, Covenants, Engagements, lately taken, &c.

MAny are the publick Oaths, Proteſtations, Leagues, Covenants, which all Engliſh Subjects (eſpecially Judges, Juſtices, Sheriffs, Maiors, Miniſters, Lawyers, Graduates, Members of the Commons Houſe, and all publick Officers whatſoever) by the Laws and Statutes of the Land have formerly taken to their lawfull Hereditary Kings, aBracton, l. 3. Tract. 2. c. 1. Britton c. 12. Lambardi, Archaion, LL. Edwardi Confeſſoris Lex, 35. Spelmanni Gloſſarum, p. 267, 268. Cook 7 Rep… Calvins caſe. 1 Inſtit. f. 64, 65, 67, 68. Tottles Magna Charta. f. 164. Kitt. f. 46. Exact Collection▪ p. 370. Joh. Seldeni, ad Eadmerum Notae, p. 190, 191.their Heirs and Succeſſors, to bind their Souls, Conſciences, to bear conſtant Faith, Allegiance, Obedience, and dutifull ſubjection to them; and to defend their Perſons, Crowns, and juſt Royal Prerogatives, with their Lives, Members, Fortunes, againſt all Attempts, Conſpiracies, and Innovations whatſoever. Which being almoſt quite forgotten by thoſe who have formerly taken, and as frequently violated them over and over, in the higheſt degree, if not abjured them by contrary late Oaths and Ingagements; I ſhall preſent them in order to their own and others view, that they may conſcienciouſly review, conſider them afreſh, and bewayle their perjurious atheiſtical violations of them, to prevent thoſe temporal and eternal Judgments, which otherwiſe may and will moſt certainly fall upon them, & our Nation too for the ſame.

1. I ſhall begin with the antient Oath of Fealty, a which every Perſon above 14. years old, and every Tithingman was obliged to take publickly at the Court Leet within which he lived; and was antiently taken afreſh every year by all the Subjects under Edward the Confeſſor, and William the firſt, in ſubſtance at leaſt, though not in preciſe words.

I A. B. do ſwear, that from this day forwards, I will be faithfull and loyal to our Lord the King, and his Heirs, and will bear*See Gratian Cauſ. 22. …u. 5. De forma fidelitatis. Faith and Allegiance to him of life and of Member, and of terrene honour againſt all people which may live and die; And that I ſhall neither know nor hear of any thing which may tend to their hurt or dammage, which I ſhall not withſtand to my power. So God me help.

2. The ſecond is the antient uſualbTottles Magna Charta, f. 166. Iuramentum Majorum & Ballivorum. Oath of the Maiors of LONDON, and other Cities and Townes throughout England, and of Bayliffs or other Chief Officers where there were no Maiors.

You ſhall ſwear, That you ſhall well and loyally ſerve the KING in the Office of Maior in the City of London, and the ſame City ſhall keep ſurely and ſafely to the uſe of our Lord the KING of England, and of his HEIRS Kings of England; and that the profit of the KING you ſhall advance in all things which belong to you to do; And ſhall loyally preſerve the Rights of the King, and whatſoever belongeth to the Crown in the ſaid City; and you ſhall not aſſent to the Diſtreſſe, nor to the concealment of the Rights, nor of the Franchiſes of the KING. And where you ſhall know the Rights of the KING of his CROWN, (be it in Lands, in Rents, or in Franchiſes, or in Sutes) to be concealed or ſubſtracted, you ſhall do your beſt endeavour to regain the ſame; And that if you cannot do it, you ſhall tell it to the King, or to thoſe of his Counſel, of whom you are certain they will inform the KING thereof: And that lawfully and rightfully you ſhall treat the People of your Bailywick, and do right to every one, as well to Strangers as to Prives, as well to the Poor as to the Rich, in that which appertains to you to do: and that neither for Honour, nor for Riches, nor for Gift, nor for Promiſe, nor for favour, nor for hatred, you ſhall not do wrong to any one: that you ſhall diſturb no mans Right, nor ſhall you take any thing by which the KING may ſuffer loſſe, or any Right ſhall be diſturbed; And that in all things which appertain to the Maior of the ſaid City ſo to do, you ſhall well and lawfully demean your ſelf. So God you help, &c.

The likecTottles Magna Charta, f. 165, 157. Clauſ. 35 E. 1. dorſ. 7. Kitchin, f. 46. 47. Oaths in ſubſtance were taken by all Privy Counſellors of State, Sheriffs of Counties, Recorders of Towns, Eſcheators, Conſtables, and other publick Officers of Juſtice, and by moſt Freemen of Corporations, in relation to the King and his Heirs, and the Rights of the Crown.

3. The third is thed18 E. 3. ſtat. 4. 20 E. 3. c. 1, 2. Clauſ. 20 … E. 1. pars 1. do ſ. 13. 3 R. 2. Rot. Parl. n. 38, 39, 40, 41. Raſtall Iuſtices, 2 Rot. Parl. 25 E. 3. n. 10. Cooks 3 Inſtit. p. 145. Oath of all the Judges, Barons of the Exchequer, and Juſtices of the Peace, preſcribed by ſeveral Acts, thus formed,

Ye ſhall ſwear, That well and lawfully ye ſhall ſerve our Soveraign Lord the King, and his People in the Office of Justice, and that lawfully ye ſhall counſell the King in his Buſineſs, and that ye ſhall not counſel nor aſſent to any thing which may turn him to dammage or diſheriſon by any manner, way or colour; and that ye ſhall not know the dammage or diſheriſon of him, whereof ye ſhall not do him to be warned by your ſelf, or by other: and that ye ſhall do even Law and Execution of Right to all his Subjects Rich and Poor, without having regard to any Perſon. And that you take not by your ſelf or by other, privilie or apertly, Gift or Reward of Gold or Silver, nor of any other thing which may turn to your profit, unleſſe it be meat or drink, and of ſmall value, of any man that ſhall have any Plea or Proceſs hanging before you, as long as the ſame Proceſs ſhall be ſo hanging, nor after the ſame cauſe. And that ye take no fee, as long as ye ſhall be Juſtice, nor Robes of any man great or ſmall, but of the King himſelf. And that you give none advice or counſell to no man great or ſmall in no caſe where the King is party. And in caſe that any, of what eſtate or condition they be, come before you in your Seſsions, with force and arms, or otherwiſe againſt the Peace, or againſt the forme of the Statute thereof made, to disturbe execution of the Common-law or to menace the people, that they may not purſue the Law, that ye do their bodies to be arreſted and put in priſon. And in caſe they be ſuch, that ye may not arreſt them, that ye certifie the King of their names, and of their miſpriſion haſtily, ſo that thereof he may ordain a co…venable remedy. And that ye by your ſelf, nor by other privily nor apertly, maintain any plea or quarrel hanging in the Kings Court, or elſewhere in the Country. And that ye deny to no man common right by the Kings Letters, nor none other mans, nor for none other cauſe: and in caſe any letters come to you contrary to the Law, that ye do nothing by ſuch Letters, but certifie the King thereof, and go forth to do the Law, notwithſtanding the ſame Letters. And that ye ſhall do and procure the profit of the King, and of the Crown, with all things where ye may reaſonably do the ſame. And in caſe ye be from henceforth found in default in any of the points aforeſaid, ye ſhall be at the Kings Will, of Body, Lands and Goods, thereof to be done as ſhall pleaſe him, as God you help and all Saints, Anno 18 E. 3. Stat. 4.

The next Oath is that of Supremacy, made and preſcribed to be taken by all Judges, Juſtices, Sheriffs, Maiors, Recorders, Civil and Eccleſiaſtical Officers, Barreſters, Benchers, Graduates, Miniſters, Attornies whatſoever; and all Members of the Commons Houſe, before they ought to fit or vote therein, by the Statutes of 1 Eliz. cap. 1. 5 Eliz. cap. 1. 17 Car. cap. 7.

I A. B. do utterly teſtifie and declare in my Conſcience, That the Kings Highneſs is the only Supream Governor of this Realm, and of all other his Highneſs Dominions and Countries, as well in all Spiritual or Eccleſiaſtical things or cauſes, as Temporal: and that no forein Prince, Perſon, Prelate, State or Potentate hath, or ought to have any Juriſdiction, Power, Superiority, Preheminence or Authority, Eccleſiaſtical or Spiritual within this Realm; and therefore I do utterly renounce all forein Juriſdictions, Powers, Superiorities, and Authorities; and do promiſe that from henceforth I ſhall bear Faith and true Allegiance to the Kings Highneſs, his Heirs and lawfull Succeſſors, and to my Power ſhall aſſiſt and defend, all Iuriſdictions, Privileges, Preheminences and Authorities granted or belonging to the Kings Highneſs, his Heirs and Succeſſors, or united and annexed to the Imperial Crown of this Realm. So help me God, and by the Contents of this Book.

5. The 5th. (Oath of equal Latitude and Extent, as the former of Supremacy) is that of Allegiance, preſcribed by the Statutes of 3 Jacobi, cap. 4. 7 Jac. c. 6. 17 Car. c. 7 tending only to tbe Declaration of ſuch Duty as every true and well-affected Subject, not only by Bond of Allegiance, but alſo by the Commandement of Almighty God ought to bear to his Majeſty, his Heirs and Succeſſors; which Oath ſuch as are infected with Popiſh Superſtition do oppugn with many falſe and unſound Arguments, the juſt defence whereof, his Majeſty (King James) hath heretofore undertaken & worthily performed, to the great contentment, of all his loving Subjects notwithſtanding the gainſayings of all contentious Adverſaries. And to ſhew how greatly his Loyal Subjects did approve the ſaid Oath, they prostrated themſelves at his Majeſties feet, beſeeching his Majesty that it might be enacted, that the ſame Oath may be adminiſtred to all his Subjects. The words whereof are theſe. I A. B. do truly and ſincerely acknowledge, profeſſe, teſtifie, and declare in my Conſcience before God and the world, That our Soveraign Lord King CHARLES is lawfull and rightfull King of this Realm, and of all other his Majeſties Dominions and Countries: And that the Pope, neither of himſelf, nor by any of the Church or See of Rome, or by any other means with any other hath any power or authority to depoſe the King, or to diſpoſe of any of his Majeſties Kingdomes or Dominions, or to authorize any forein Prince to invade o… annoy him or his Countries; or to diſcharge any of his Majeſties, Subjects of their Allegiance and Obedience to his Majeſty, or to give licence or leave to any of them to bear Arms, raiſe tumult, or to offer any violence or hurt to his Majeſties Royal Perſon, State or Government, or to any of his Majeſties Subjects, within his Majeſties Dominions. Alſo, I do ſwear from my heart, that notwithſtanding any Declaration or ſentence of Excommunication or deprivation made or granted by the Pope, or his Succeſſors, or by any Authority derived, or pretended to be derived from him, or his See, againſt the ſaid King his Heirs or Succeſſors, or any abſolution of the ſaid Subjects from their obedience: I will bear Faith and true Allegiance to his Majeſty, his Heirs and Succeſſors, and him and them will defend to the uttermoſt of my power, againſt all Conſpiracies and Attempts whatſoever, which ſhall be made againſt his or their Perſons, their Crown and Dignity, by reaſon or colour of any ſuch Sentence or Declaration, or otherwiſe, and will do my beſt endeavour to diſcloſe and make known unto his Majeſty, his Heirs and Succeſſors, all Treaſons and traiterous Conſpiracies, which I ſhall know or hear of to be againſt him, or any of them. And I do further ſwear. That I do from my heart abhor, deteſt, and abjure, as impious and heretical, this damnable Doctrine and Poſition, That Princes which be excommunicated by the Pope, may be depoſed or murthered by their Subjects, or any other whatſoever. And I do believe, and in Conſcience am reſolved, that neither the Pope, nor any perſon whatſoever, hath power to abſolve me of this Oath, or any part thereof, which I acknowledge by good and full Authority to be lawfully adminiſtred unto me, and do renounce all Pardons and Diſpenſations to the contrary. And all theſe things I do plainly and ſincerely acknowledge and ſwear, according to the expreſſe words by me ſpoken, and according to the plain and common ſenſe and underſtanding of the ſame words, without any equivocation, or mental evaſion, or ſecret reſervation whatſoever. And I do make, this Recognition and Acknowledgement heartily, willingly, and truly, upon the true Faith of a Chriſtian So help me God.

6. To theſe Oaths I ſhall ſubjoyn thecSee Exact Collection, p. 278, 296, 337, 340, 342, 361, 367, 491, 498, 522, 523, 666, 770, 828, 839. Proteſtation, made and taken (in purſuance of theſe Oaths) by all the Well-affected Members of the Lords, and Commons Houſe the last long Parliament, and voluntarily taken by all the beſt affected people throughout the Realm, and by all, or moſt Officers and Souldiers of the Army; by their Authority.

We the Knights, Citizens, and Burgeſſes in the Commons Houſe of Parliament, finding to the great grief of our hearts, that the deſigns of the Prieſts and Jeſuites, and other Adherents to the See of Rome, have of late been *And have they not been ſo more ſince and now, then ever before?more boldly and frequently put in practiſe than formerly to the undermining, and danger of the ruine of the true reformed Proteſtant Religion in his Majeſties Dominions eſtabliſhed: And finding alſo that there have been, and having juſt cauſe to ſuſpect that there ſtill are, even during this ſitting in Parliament,*As ſince and now, by doubled illegal Taxes, Exciſes, High Courts of Juſtice, Arbitrary Junctoes, and their new Knacks. endeavours to ſubvert the Fundamental Laws of England and Ireland, and to introduce the exerciſe of an Arbitrary and Tyranical Government, by moſt pernicious and wicked Counſels, Practiſes, Plots and Conſpiracies: And that the long intermiſſion, and unhappy breach of Parliaments, hath occaſioned many illegal Taxations, whereupon the Subject hath been proſecuted and grieved: And that divers Innovations and Superſtitions have been brought into the Church, multitudes driven out of his Majeſties Dominions; jealouſies raiſed and fomented betwixt the King and his people; a Popiſh Army levyed in Ireland, and two Armies brought into the bowels of this Kingdom, to the hazard of his Majeſties Royal Perſon, the*New quite ſold and conſumed. conſumpſion of the Revenues of the Crown and Treaſure of this Kingdom: And laſtly, finding a great cauſe of Jealouſie, that endeavours have been, and are uſed to bring the Engliſh Army into a Miſ-underſtanding of this Parliament, thereby to*Have they not ſince that in 1648. and now again effected it? incline that Army, with force to bring to paſſe thoſe wicked Counſels, have therefore thought good to joyn our ſelves in a Declaration of our united Affections and Reſolutions, and to make this enſuing Proteſtation.

I A. B do in the preſence of Almighty God, promiſe, vow, and proteſt, to maintain and defend, as far as lawfully I may, with my life, power, and eſtate, the true reformed Proteſtant Religion, expreſſed in the Doctrine of the Church of England, againſt all Popery and Popiſh Innovations within this Realm, contrary to the ſame Doctrine, and according to the duty of my Allegiance, His Majeſties Royal Perſon, Honour and Eſtate; as alſo the power and privilege of Parliament; The lawfull Rights and Liberties of the Subject, and every perſon that maketh this Proteſtation, in whatſoever he ſhall do in purſuance of the ſame. And to my power, and as far as lawfully I may, I will oppoſe, and by all good wayes and means endeavour to bring to condigne puniſhment, all ſuch as ſhall either by force, practiſe, counſels, plots, conſpiracies, or otherwiſe, do any thing to the contrary in this preſent Proteſtation contained. And further, that I ſhall in all juſt and honourable waies endeavour to preſerve the Vnion and Peace between the three Kingdoms of England, Scotland, and Ireland; And neither for hope, fear, nor other reſpect, ſhall relinquiſh this Promiſe, Vow, & Proteſtation.

7. The next in time, is the Solemn League and Covenant, taken in the moſt ſolemn manner with hands lifted up to heaven, and ſubſcribed by all Members of Parliament, in England and Scotland, by all Civil, Military Officers, Souldiers and well-affected perſons in our three Kingdoms, byfA Collection of Ordinances, p 327, 359, 390, 399, 404, 416, 420, to 428. 458, 459. 606. 690. 702. 751. 768, 769. 798. 802, 803. 806, 807, 808, 878, 879, 889. ſundry ſpecial Ordinances of Parliament; approving and ratifying the ſame.