Baxter - BX5207 B3 A2 1696

Part 111. 7everend Mr. Richard Baxter. The Reafons of Men'srefufal to take thisOath, were fuch as there following. t. Becaufe they that were no Lawyers mutt Swear, not only that they think it is unlawful, but that it is fo indeed. z. Becaufe they think that this fetteth a Commiffion above an Aft of Parliament. And that if one by a Law be made General or Admiral, daring Life, another by a Commiffion maycatt him out : And thoughthe Law fay, He (hall beguilty of Trea- fon, if he give up his Trn4 to any upon pretence of a Commiffion: Yet by this Oath he is a Traytor, if he refill any one that bath a Commiffion. 3. Becaufe they fear they are toSwear to a contradiaion, viK. to fet the King's bare Commiffion above a Law, which is theAft of King and Parliament ; and yet not to endeavour the Alterationof Government,which they fear lea(t they endeavour by taking this Oath. 4. Becaufe they think that by thismeans the Subjea Ihall never room to any cer- tain Knowledge of the Rule of his Duty, and confequently, of his Duty it felf. For it is not poffible for us to know, i. What is to be called a Commiffion, and . what not ; and whether an illegal Commillion be no Commiffion (as the Lawyers, Rune of them, tell us) and what Commiffion is illegal, and what not ; and whether it melt have the broad Seal, or only the little Seal, or none. 2. Nor can we know when a Commiffion iscounterfeit. The King's Commandersin the Wars, never (hewed their CommiPiions to them that theyfought againit,at leap ordinarily. Coll. There was a * Collonel of the King's, line his coining in, that brought a Com- '7' million, Sealed with the broad Seal, to feize on all the Goods of a Gentleman in. Biopfgateflreet, in London; by which lie carried them away : But the Commitlion being proved counterfeit, he was hanged for it. But a Manthat thus Seizethon any Gentleman'sMoney, or Goods, maybe gone before they can tryhis Commiffion, if theymay not refit him. But the Parliament, and Courts ofJuftice, are the Legal, of the. King's mind;. and by them theSubjefts canhave a regular certainnotice of it. So thatif the Parliament were concludedto have no part in the Legiflative Power, but the King's weer will to beour Law ; yet ifthe Parliament and Courts of Juftice, . be eticd as the publick Declarers of hiswill to thePeople, theyTeem more regardable and credible, than thewordsof a privateunknown Man,, that faithhe batha Commiffion. 5. And they think thatthis is tobetray tothe King and give theChancellour,, or Lord-Keeper, power at his pleafure, to depofehimSromh hisCrown anddifpofléfs him of liìs Kingdoms. For if the King (by. Law or Commiffion (hall fettle any Trufty SubjeEl in the Government, of Navy, or Militia, or Forts, and command them to refiftall that would difpofïèf -them; yet iftheLord Chancellor have a de- fign to depofe the King, and (hall Seal a Commitlion to any of his own Creatures or Confidents, to take potfeffion of the fail Forts,, Garifons, Militia and Navy, none, . upon pain of Dcath, muff refill them, but be taken for Traytors, if they will not beTraytors vea, though it werebut whillt theyfend to the Kingtoknow his Will. And when Traytorshaveonce got poftèflion of all the Strengths, the de- taaing oftheir fraudwill be too late, and to Sue them, at Law will be in vain. And he that reniembreth, That our Lord Chancellor is now banithed, who lately was- the chiefMinifter ofState, will think that tins is noneedlefs fear. 6. Andthey think that it is quite agaìntthe Lawof God in Natnre,whichobligeth us to quench a Fire, or fave the Life of one chat is alfattited (much more of our (elves) againt one that would kill him ; and that elfe we (hall beguiltyof Murder. And according to the proper Senfe of thisOath, Iftsvo Foot-boys get froni the Lord Chancellor-a Commiffion tokill all the Lords.and Commons in Parliament, or to fet. the City and all the Country on Fire, no Man may by Force of Armsrefill them;; Lordsand Commons may not fave their Lives by force, nor the City theirHoufes: AndbVthis -way no Man (hail dwell ortravel in.fafety; whileany Enemy or Thief may take away hisLife, or Purfe, or Goods, by a. pretended Commiffion; and ifwe defend our (elves, but while we fend totry them, weare Traytors: andfew have themeansofOch aTryal. ?. They think by this means, no- Sheriff may by the Pofre Comitatea execute the Decrees, of. any Court oft Jultice, if any- canbut. get a-Coiumi(lion. for thecon-- trary. S,They

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