POSITION. I.
EVery Oath, to make it lawful and warrantable, ought to be taken in Iudgment and Righteousness, Jerem. 4.2. The Oath then of Allegiance, that it may be in Righte∣ousness and Iudgment, must be
First, Conditional, not Absolute; mutual, not single; taken by both parties, not by one onely; by the Ruler or Governor, not alone by the Ruled; by the Prince, as well as by the Subject.
Reas. It is against the Ground and Reason of the Primitive Institution of Government, which is the good of the Subject, that there should be any Oath to binde the Subject absolutely, whether the Prince or Governor rule for the Subjects good or not: Therefore such an Oath cannot be taken by the Subject in Judge∣ment or Righteousness; Therefore such an Oath is not lawful. So again, it is against Equity and Reason, and against the good of the Subject, That he should be further or longer bound to the Prince or Ruler to submit to him, then the Prince or Ruler is bound to the Subject to rule well, and administer Justice rightly: If there∣fore the Obligation be not mutual, but single, it is not lawful.
Consequence. Then if the Oath of Allegiance, taken to the late King, were in Iudgment and Righteousness, and so lawful, the King was, or ought to have been, as strongly bound to all the Sub∣jects by Oath, as any of them to him: Then if he break his Oath, all the Subjects are absolved if they will: Then at what time the King levyed War against his Subjects, they were discharged by that breach of Oath in him of their Allegiance, else the whole Par∣liament and Parliamentary party were both perjured persons, so many of them as have taken this Oath; and are Rebels, that have taken up Arms against the King.