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WNW,.

part

III.

Reverend

Mr.

Richard

Baxter.

7

§ 17.

The

Lawyers

(

even

the honefteft) are

commonly

for a

more II-retching

Expofition. And thofe

that

fpeak

out,

fay,

That

an illegal Commiflioñ

is

none

at

ail. But we

our

felves go

further

than this would

leads

ES;

for

we judge,

That

even

an illegally commiliioned

Perfon,

is

not to

he

refifted

by

Arms, except in

filch Cafes

as

the

Law

of Nature,

or

the King

himfelf, by his Laws,

or

by a

con-

trary

Commiflion,

alloweth

us

to

refiít

him.

But

if

Commifhons fhould

be

contra-

diaorv_

to

each

other, or to the

Law, weknow

not what to

Swear in fach a

cafe.

§

i 8.

But,

becaufe much

of the

Cafe may be feen

in thefefollowing

Queftions,

which upon

the

coming

out

of that Aft,

I

pat

to

an able,

worthy,

and fincere

Friend,

with

his

Anfwers to them.

I will

here Infect them,

(viz,

Serjeant Four-

tain.)

/Queries upon

the

Oxford

Oath.

We

prefiippofe

it

commonly

refolved

by Cafuifts

inTheology, from the Law

of

Nature,and Scripture,

i.

'That Perjury is

a

Sin, and

fo great

a

Sin, as tendeth

to

the

ruin

of

the Peace

of

Kingdmns,

the

Life

of

Kings, and

the

Safety

of

Ito ens

Souls,

and

to make

Men

unfit

for

Humane

Society,

Treed,

or

Convert,

till

it

be

repented of.

z.

That

he

that

Smeareth

contrary

to his

judgment, is

Perjured,

though the

thing prove

true.

3.

That

me

muff

take anOath in

the

Itnpofer's

Senfe, as near as

we

can

know

it,

if

he

be

our

Lawful

Governour.

4. That

an Oath is

to

be

taken fenfit

ftriaiore,

and in

the Senfe

of

the

Rulers

Im-

puting

it,

if

that

be

known;

if

not,

by

the

Words interpreted according

to

the common

uji

of

Men of

that

Profeffion,

about

that

fob)elt: And

Vniverfals are

not

to

be

interpreted

as

Particulars,

normuff

we

limit them,and

diffinguf,

withoutvery goodproof.

5- That

where the Sen

fe is doubtful,

we

are

fill-

to ask which

ù

the

probable

Senf-, be-

fore

we

ask,

which

is

the

belt

and charitableft

Senfe

;

and

muff

not take them

in

the

beff

Senfe,

when

another

is

more

probable to

be

the

true

Senf.

Becaufe

it

is

the

Truth,

and

not

tiee

Goodnefs,

which

the

Vnderftanding

frft

conlidereth. Otherwife,

any Oath almoft

imaginable might

be

taken;

there

being

few

Words

fo bad,

which

arcnot

fo ambiguous,

as

bear

a

good

Senf,

by

a forced Interpretation.

And

Subjelbs

muff notcheat their Rulers

by

Teeming

to

do

what

they

do

not.

6.

But

when both

Stufs

are

equally

doubtful,

we

ought in

Charity

to

take the

befo.

.

If

after

all

Means faithfully

ufed

to know our

Rulers

Senf,

our

own

Vnderffand.

6ngs

mach more incline

to think one to

be

their

meaning, than

the

other,

we

mutt

not

go

againft

our

Vwderßandings.

8. That

me

are

to

Popte

f

our

Rulers fallible,

and that it's

poffhle

their

decrees

may

be

contrary

to

the Law-of

God;

but not to

fufpeli

themwithout

plain

caufe.

Thefe things

f

ppofcd, we humbly crave

the

Refolution

of

thefe Queltions,

about

the prefect Oath,

and

the

Law.

Ou,

i.

Whether

[upon any pretence

whatfoever]

refer not

to

[any

Commrfftonated

ly

LIMA

as

well

as

[to

the

King] himfelf?

?. Whether [rot

lawful]

extendeth only

to the

Law of

the

Land

;

or

alto

to

the

Law

of

God in Nature

?

3.

Whether

[I

Swear

that it

is

not

lawful]

do not

exprefsmy

peremptory certain

Determination,

and

he

not

more

than

[ I

Swear

that

in my

Opinion

it

is not

law

-

fAI]

4.

What

is

the

[Traytorous Pof:tion]

here

meant; (for

here

is

only

a

Subjeft

oat

a

Prn:dicate, which

is no

Pofitem

at

all, and

is capable

of

various

Proodicates

?

)

5.

If

the

King,

by

Ace

of

Parliament, committhe

Truft of

his

Navy, Garrifon,

or

Milled,

to

one

¿orante

vita,

and

fhooldConimiffionate

another,

byforce,

to

Meet

him, whether both havenot

King's

Authority?

or

which

?

6.

If

the

Sheriff raife

the Pole

Commttatus

to

fupprefs

a

Riot, or

to

execute

the

Decrees

of the

Courts

of

Juftice, and fight

with

any Commiffoned

to

refill him, and

hall

keep up

that

Power, while the

CommfJìoned

Perlons keep up

theirs,

which

of

them

is

to

be judged by

the Sobjeas to have the King's

Authority?

7.

If