Certain Observations, Section 15
SECTION XV.
TO proceed without w…tneſſes by the oat… ex officio is not lawfull againſt any, eſpecially againſt M…n…ſters, For
1 It …s aga…nſt the law of God, Deut. 17.4, & 19.15, this law is confirmed by Chr ſt and his Apoſtles in the new T…ſtament.
2 It is aga…nſt the law of nature to accuſe our ſelues; nature teacheth men to procure their own good.
3 It is againſt the direct command of our Saviour, Math. 18, where he would hauehave no cenſure of the Church to p…ſſe upon men, except they being admoni…ed, be proved by two or three w…tneſſes to bee obſtinate.
4 It is againſt common reaſon, that Miniſters and Chriſtians, that are ſubj…ct to moſt vile and falſe reports, ſhould be forced to purge themſelues, upon every light and vaine perſons informat…on.
5 It is againſt the rule of Paul, 1 Tim. 5, Againſt an Elder receiu not an accuſation under two or three witneſſes.
6 It is againſt the laws of the land, both Statute and Common laws.
7 It is againſt the nature of an human law, which is but to puniſh for open ſinnes, Deut. 17.4.
8 It is to ſearch the th…ngs God leaues by his providence to be revealed in their time, 1 Tim. 5.24, Some mens ſinnes goe before, and ſome follow after.
9 It is againſt all equity: For men may be both judges and parties.
10 It is againſt the law of louelove to accuſe our brethren, and it it is to play the divels office.
11 No law nor cuſtom of Nations, ſaue the Spaniſh Inquiſition uſeth this, for ſearching out of true Chriſtians, Acts 25.16.
12 It is againſt the ſpeech and ſolemn profeſſion of Doctor Whitgift, that any ſhould hauehave this oath urged againſt them in caſe of life, liberty, or ſcandall.
13 It is againſt all conſcience, that a man ſhould bring himſelfe into trouble. If the Lord, or his Magiſtrates, do inflict a puniſhment, patience may bear, and the Lord may giuegive ſtrength: But who can look for ſuch peace when we are our own executioners?
14 It is againſt the pract…ſe of our Saviour Chr…ſt, who being accuſ…d, and asked many things of ſcandalls, would anſwer nothing: onelyonly, he witneſſed a good confeſſion touching his perſon, and his office, Matth. 26, & 27.
15 It is to approue of ſome ſpeciall priviledg in theſe men, which is not in any other of his Majeſties officers for juſt…ce; that theſe ex mero officio, ſhould proceed againſt men.
16 From the inconveniences men fall into that take this oath. The a…ticles and interrogatories being drawn as ſnares to intangle men in, and to get matter againſt them, when they can finde none apparant.
17 It is againſt the law of friendſhip to reveal ſecrets: and eſpecially for Miniſters.
18 As it is now uſed it will not free men from trouble, for they uſe extremities to them that take it: except men forſake their ſincerity and yeeld to their wills.
19 It is againſt the nature of an oath, which is to end a controverſie amongſt men in cauſes criminall, before Iudges; neither can any uſe hereof be given.
20 It is againſt the word of the Lord in Ieremy: Thou ſhalt ſwear in judgment.
21 Wiſedom in Governours hath other means then this to find out ſecret offences, w…tneſſe Solomon.
Object. 1. The woman ſuſpected of adultery was to purge he… ſelf.
Anſw. The thing there ſuſpected is very evill, ſuch as might diſſolue marriage.
2 It is Ceremoniall; witneſſe the Ceremony annexed to it, having joyned with it a miraculous event in the guilt e.
3 The thing is known about which ſhee is to be ſworn.
4 It is but one particular caſe, not many interrogatories.
Object. 2. Exod. 22.10.11. The man that is ſuſpected of theft ought to clear himſelf by an oath.
Anſw. It was before the Iudges of the land.
2 It was in caſes criminall: that were ſimply evill, and not in caſes of conſcience.
3 There was an open wrong and loſſe to the one pa…ty.
4 It was but to one particular, not to …nſnare him any way.
5 His oath ended the controverſie.
Now theſe things cannot be found in this; for it is not b…fore the Iudges of the land, though I would not much ſtand w…th them for it; yet it hath ever been of evill report, for Miniſters to deal by vio…ence, in ſo much as in t…mes of Popery, the Clergie, ſo called, were abaſhed themſelues to condemn any.
2 Theſe things for which they object the oath to us, are meerly good, and not puniſhable by any of the laws of the Land. It is neceſſary firſt to convince the party, that to doe ſuch things as are objected (ſuppoſe to meet together and pray) are ſimply evils and ſins: 2 to proue them puniſhable by the laws of the Land.
3 Here is no wrong by the exerciſes of Religion to any, but much good: what difference there is then any may diſcern.
4 Here are many inſnaring interrogatories; and men ſearch not ſo much for the truth, as to wring it out after ſuch a manner, as may be prejudiciall to him that ſweareth; there is as much ſubtilty and uncharitableneſſe ſhewed herein as in any thing.
5 In this oath the controverſie is not ended, but many times begun.