Against Symbolizing with Antichrist in Ceremonies, Part 2 · Chapter 8
The wrong of the Croſſe. Chap. 8.
FVrther evidēce may be brought againſt the ceremonies for the great & manifold iniuries which they offer: they cōſume many tanquā iniecta fauilla, to vſe the phraſe of the holy Ghoſte. Exod. 22.6and can any ſpa…cle be lefte lawfullie abroad, which may take into the rickes or into the hedges of other mē, whereby they may be hurt? Firſt, they wrong vsus in our ſubiection to the Biſhops, in taking away the power of binding & looſing frō vsus, by the cenſures of the church: and all things elſe that are of credit and authoritie, leauing bare labouring in the word vntounto vsus: which alſo muſt bee limited by them, and referred to them, for they are the Paſtors of the Church (they ſay) we only are their delegates. This wrong the Greeke church counteth not little he that chalengeth this preheminence ouer the Miniſters of the Goſpell, vnderunder humble tytles of Paternall authoritie, with the like dothaNilus Theſ ſalonicenſ. de Primat. Pap. verbis magnam humilitatem praeſe ferentibus magnaraepere: ſeeing MiniſtersbTho. M…t to apolo. p. 1. l. 1. ca. 21. iure diuino are all equall, and ſucceed the Apoſtles all alike: from whom (alſo) they receaue like power not only for preaching, but alſo for binding and for looſing. Secondly, they robb many a worthy and able Miniſter, in that they keepe him from preferment in the Church, it being theft euen in the eyes ofcSilveſt. Prier. ſumma ſilveſtrin. in verb. r… ſtitut. papiſtes themſelues, to keepe a man from a benefit whereof he is worthy. To this it is replyed by our adverſaries, none is worthy to be preferred, that cannot conforme and like of the ceremonies and of the orders of our church: which reply will bee found Eccleſiam Dei penè vniverſam verbis iniurioſiſsimis, nequaquam dAuguſt. epiſt. 86. ad Caſulan.lacerare timuiſſe, ſince all the Miniſters of the Churches reformed, who iumpe in iudgement with vsus. Secondly, it will bee replyed by ſome, that in this complaint of ours, we touch the boyle which doth indeed grieue vsus: the whole quarrell ariſing, from a diſcontentment, taken for lacke of preferment. Here, what better then Dingenes courſe? for as his beſt refutation of one, denying there was any motion, was to ariſe himſelfe and moue: ſo now not wordes, but deedes are fitteſt, ſuch as ſhew contrarie motions in vsus: I meane motions of zeale borne to Gods glorie and the Churches good: euen to our owne preiudice: ſuch as are theſe, our refuſall of preferment offerred; our walking painfullie in poore liuings, our leauing of benefices (as it is called) to keepe a good cōſcience: our readines to preach the Goſpel euē now, although we hauehave no benefice. And this ſlaunder hath bene too long in the Decke. So it was giuen forth ofeEpiphan. haereſ. 30. Paule, that he turned Chriſtian, becauſe he could not bee preferred to the mariage of the high Prieſtes Daughter. So was it giuē forth offActes and monum. in hiſt. …io…. Wickliefe, he raiſed a ſchiſme becauſe he could not be a Biſhop. So is it giuē forth againſt Luther to this hower, that he fell into g apoſtaſie through diſcōtentment, becauſe he could not be preferred. The like imputation laye to the charge of Iohn Huſſe & Hierome of Prage, I keepe till the laſt, becauſe it ſpeaketh in the language of this our ſlaunder word for word,hAEneas Sil. in Bohem. orig. ca. 35 his & non nulli, &c. there were ioyned with theſe two men others famous for their learning, who becauſe they could not be preferred, grew diſcontented to ſee the greateſt benefices beſtowed on them, who were inferiors in worth vntounto them. Herevpon envie blinded them, not to ſee what they ſawe or vnderſtande what they vnderſtood: proruperunt in blaſphemias, & cum aliquibus ignauis fortaſſe & vitioſis maledicere poſſent in omnes latrare Sacerdotes caepere. Laſt of all, this obiecton worſt befitteth ſome of their mouthes, who openlie ſhewe it is preferment that hath made them aduerſaries to vsus: for as much as ſome times they were with vsus till advauncement did choke them; ſo that now they are faine to take vp that of AEneas Siluius reſpuit AEneam, lBalaeus in Pro. 2.ſuſcipite Pium howbeit, many of them (the Lord blowing vponupon their dignities and pluralities) with that ſucceſſe which Alexander the 5. found in his preferment.mIon. Criſpin. in Alexand. 5. Pauper Epiſcopus pauperior Cardinalis, pauperrimus Papa. Thirdly, the ceremonies are guiltie of robberie and of thefte, in that they hauehave waſted the goods of many a godlie Preacher in vnneceſſarie travell, in ſuites of Lawe, expences of courtes, yea in ſuſpenſions, and depriuations from their liuings on which their maintenaunce did all depend. This if it be not to thruſt both with ſide and1Ezech. 34 21. ſhoulder: to beat and2Mat. 24.49. punch a fellowe ſervant: to ſtrike3Iſai 58.4. with the fiſte of wickednes: and vnderunder pretence of a4Ier. 29.26 Ichoiadaes zeale to put a rauing and franticke Ieremie in the ſtockes, I know not what is? And howe many circumſtances are there in this wrong and violence which make it great? Firſt, the perſons do exaggerate it, to whom it is offered. For theſe amplfications muſt not be forgottē.51 Sam. 22 18. This he did, euen to them that wore the Ephod. Doe this to honour him,6Gen. 20.7 for hee is a Prophet. 7Pſal. 105.15.Touch not mine annointed, doe my prophets no harme. how dare ye doe this againſt 8Num. 12.8my ſeruant, euen againſt my ſeruant Moyſes? They miſvſed his92 Chron. 36.16. Prophets and deſpiſed his Meſſengers, vntill there was no remedie: he that1Mat. 10. deſpiſeth you, deſpiſeth me. He added this to all his ſin, that he2Luk. 3.…0 put Iohn into priſō. not to be tedious, They driue vsus away (ſaith31 Theſ. 2.16. Paule) and forbidd vsus to preach that men may be ſaued to fulfill their ſinnes alwayes, for the wrath of God is come downe on them to the vttermoſt. It was ſaid once by Arioaldus an earthlie king, [the heauenlie King will nowe ſay it much more]nSigon. de reg. Ital. lib. 2. An. 629. minimè fauebo eis qui negotium famulis Dei faceſſunt. The reaſon is giuen by a Biſhop of Rome, oIulius Pap. 1. decret. ca. 33.non vult Dominus tam leuiter ſuos tractari ministros; Columnas ſuas firmiter ſtare vult, nec à quibuſcunque agitari. Secondly, the fault pretended for this puniſhment maketh this wrong and robberie great. For we plead with Dauid: what hauehave wee done, what evill is in our handes? Or with the later Orthodox Miniſters, … Sam. 26.18.pVictor. de perſequnt. Vandal.vt quid taliter affligimur, pro quibus malis forte commiſſis iſta perpetimur? When our aduerſaries themſelues can lay nothing to our charg: no nor an angrie Iudge condemne vsus for any thing elſe, then for diſvſage of a trifle, euen as themſelues confeſſe? what, & is the robbing of the church of worthie Miniſters in this great want, the robbing of the people of their great cōfort, the vndoing of ſincere Preachers of the Goſpell of Ieſus Chriſt, are theſe I ſay trifles alſo? I feare how they will paſſe for trifles at that great day, whē it will be in vaine to vſe that gloze of Iulian, qTheodor. hiſtor. li. 3. ca. 15.Not for your conſcience doe I puniſh you, but for your obstinacie and contempt. There was a Biſhop not long ſince liuing, who miſliked his Chauncellour, for excommunicating in light matters. he replyed what nowe is common, not for the matter, but for the contempt. to whom it was anſwered (which nowe ſerueth for our Apollogie and defence,) to a great contempt is required [à ſubiectum eiuſdem generis,] to witt, a great offence. Why did therVorm atienſ. concil. can. 13.14. Councell of Wormes (I trowe) forbid to ſuſpend from the Communion, pro parvis & leuibus cauſis? Why did it cenſure a Biſhopp that ſhould ſo excommunicate, for one that had paſſed the boundes omnis ſacerdotalis moderationis? was not the witt then come into the world, which nowe is growne aged, though the matter be ſmall, yet the contempt deſerueth more puniſhment, then is ſutable to the ſubiect of the crime and fault committed? The EmpreſſesSoxom. l. … c. 20. Eudoxia cauſed Chryſoſtome to be depoſed, for inveighing againſt the abuſes which were committed at the ſetting vp of her Image, and all ages ſince hauehave abhorred her violence. Yet what ſhewe of contempt can there be imputed to vsus, like that appearance which was in this facte of his? his oppoſition was in the Image of the Empreſſe herſelf: our forbearance in a popiſh image only. and he had not ſo much cauſe to invaigh againſt the ſetting vp of the one neare to the Church, but wee hauehave more cauſe againſt the other, vſed religiouſlie in Gods ſervice, and in the verie church it ſelfe. And make wee compariſon (once more) out of a like ſtorie.tTheodo…. hiſtor li. 5. c. 20. When the Image of Theodoſius his Empreſſe was broken at Antioch, and men of warre were now approaching neare the Citie to reuenge it, one Macedonius fell a board with them in theſe words: the Emperour muſt conſider, that man is the Image of God, and therefore more to be tendred then the Image of the Empreſſe: which alſo may bee repayred againe, whereas the Emperour with all his power, cannot reſtore ſo much as one haire of the heade, when once it is periſhed. Theſe, with the like conſiderations did appeaſe the Emperour well. but as great nowe doe pleade for vsus. we breake down no Image of our ſuperiors: we only profeſſe that word of God, that doth diſable a popiſhe Image, from vſe religious in his Church. when yet notwithſtanding ther are wronged for his ſake the men that beare, more then a commo Image of God: becauſe the Miniſters of the Goſpell, beare before their ſeuerall churches, a ſpeciall Image and repreſentation, Gal. 4.14.which deſerveth they ſhould be receaued as the Angels of God. yea euen as Chriſt Ieſus. when Iohn, PatriarchuZonoras. in hiſt. ei… of Conſtantinople pulled out the eyes of the Image of Marie, which in the raigne of Theodora, a whole Sinod had ſet vp, ſhe giueth ſentence, his eyes ſhould be pulled out likewiſe: which, what age hath not diſliked, although ſhee executed not the ſentence but gaue him pardon? But the ceremonies controverſed, (and the croſſe by name) hauehave euen executed eye for eye, tooth for tooth, vponupon the preachers many of them: as they hauehave diſgraced the croſſe, ſo hauehave they been diſgraced themſelues. as by the word, they hauehave thruſt it out of Baptiſine, ſo through vniuſtice hauehave they been themſelues thruſt out from their miniſterie and from their flockes, Thirdlie, the matter of our puniſhment maketh the wrong great. It being true what thewThom. Aquin. 2.…. q. 66. Scholmen teach: The thefte is great, when res ablata (though of it ſelfe little) is Chara poſſeſſori: or when the poſſeſſor or owner is poore, whom a little (being taken away) dothxSumma. ſilveſtrin. verb. furt. ſect. 4. 5. multum grauare. euen as obolus aliquando is quid magis pauperi, quam aureus diuiti, that which our Sauiour backeth, when he affirmeth, a Mite is aſmuch to a widow, as a Sehecle to one that is rich. For the firſt of theſe, that which is taken away from vsus is deare vntounto vsus. When Theophilus thruſt Chyſoſtome out of his charge which he had at Conſtantinople, heySorom. l. … c. 18. compareth him to Pharoes ſeruants, by whoſe meanes and incitation Abraham had his Wife taken from him. Paule, 1 Theſ. 2.17.when the Iewes of Theſſalonica drave him away from the Church that was there, he compared himſelfe to an Orphan that had loſt (as it were) his Father. So that when the Croſſe bereaveth vsus of our flockes, there is a man bereaved of his Wife: a child be reaved of his Father whom he loueth: when it reaveth vsus of our miniſtery, more is done then euen animae dimidia pars is torne, rent, ſawed of from our bodies. As for the latter, the Croſſe and the cemonies take away from vsus, what doth multum grauare. for wee are poor men; and that one benefice which it taketh away, is all the12 Sam. 12.3. ſheepe we had, and there with ſuſtayned we our2Deut. 24.6. liues: and now it is gonne, there commeth in place wherewith ſhall we be 3ver. 15. Deut. 20.5.6.couered? God ſo deſireth a man ſhould hauehave comfort in his own, that to goe home and eate of his vineyarde and dwell in his houſe, he is to bee freed from the warre which is a ſervice of the church, whereas the croſſe even to the hinderance of the churches ſervice, taketh from vsus all comfort in the bleſſings wherewith the Lord and not man had bleſſed vsus, and for which he is ſo carefull we ſhould enioye them. And the infamie which doth accompanie this great wrong, muſt not be pretermitted. When Nehemiah would exaggerate the oppreſſion of his time: nehem. 5.9Ought we not (ſaith he) to live in the feare of God, becauſe of the Cananites our enemies? In like manner, ought not this to hauehave ſtayed the hande of the croſſes revengers, that there be papiſtes and libertines amongſt vsus, that will not only nodd the head, but alſo clappe the hande? And the papiſt hath greatzBilkingtō. in epiſt. ad Comitem Leyceſtr. cauſe giuen him to ſee his ceremonies (as he taketh them) to finde ſuch friendſhipp: and he and the Libertine hath this cōmon cauſe of hatred, which feedeth it ſelfe in the ſight of our ruine, 1 Sam. 18.7Are not, theſe they of whom men ſay, they hauehave ſlaine their tenne thouſande of vsus?
#Sect. 2. Vniust manner of proceeding and oath ex officio. &c. iuſt cauſes of complaint.
FOurthly, the maner vniuſt of proceeding againſt vsus, doeth exaggerate this wronge of ours not a little. Where firſt we complayne of the othe ex officio: howbeit not firſt of all. we onelyonly renewe the auncient complaint of Iohn Lambert, an holy Martyr of Gods trueth. ItaAct. and monum. pa. 1022. pittieth me (ſaith he) to heare and ſee, what is vſed in ſome of our nation: and ſuch (alſo) as name them ſelues ſpirituall men, and ſhould be head Miniſters of the church. who incontinent as any man commeth before them, anone they cal for a booke, and doe moue him to ſweare, without any longer reſpite. yea and will charge him by vertue of the contents in the Evangelie, to make true relation of all that they ſhall demaund him. Firſt we take this courſe to be againſt the lawe of Nature it ſelfe regiſtred in the civill law, Nemo tenetur accuſare ſeipſum: or, as the foreſaid Lambert citeth it, prodere ſeipſum, to betraye him ſelfe. The Canon lawe hath receaved ſome light hereof, inrowling the othe of Sixtus the third, with this proviſoe,bDecret. p. 2. cauſa. 2. q. 5. c. 10. licet evadere ſatis aliter potuiſſem, ſuſpicionem tamen fugiens, coram omnibus me purgavi. ſed non alijs qui noluerint, aut ſponte hoc non elegerint, faciendo formā exemplum que dans. Gratian (though much iniurious in this caſe) is conſtrayned to gather from hence this obſervation, ecce qualiter. &c. See how the chiefe Biſhop purgethcIbid. ca. 18 him ſelfe by othe, and yet preſcribeth no neceſſitie of the like courſe to others. Whence we are given to vnderſtande, that ſatisfaction of purgation by othe, reſteth in the will of the accuſed, not in the will, choyſe, or pleaſure of the Iudge. The auncient practize perverted not this naturall equitie, as appeareth by an auncientdCo…il. Neocaeſar. cap. 9. Councell ſpeaking of a Miniſter fallen into ſome ſinne, quod ſi de ſe non fuerit confeſſus, & argui manifeſtè nequiverit, poteſtatis ſuae iudicio relinquatur. Secondly, this maketh a breach vponupon the order which God hath ſettled and appointed in his providence, which Paule preſſeth as an order, 1 Tim. 5. vltto which the Presbyterie ought of duetie to ſubmitt them ſelves, in iudiciall proceeding againſt Elders and Miniſters. When he ſaith, ſome mens faultes are manifeſt, and theſe are to be brought vntounto iudgement. other mens faultes are ſecret, and theſe God hath reſerved vntounto him ſelfe, to follow after iudgement. The practize of auncient tymes fought not againſt this providence of the Lord, as nowe the othe ex officio doeth:eDecret p. 2. cauſ. 15. q. 6. c. 1. Non potest humano condemnari examine, quem Deus ſuo reſervabit iudicio. Confeſsio in talibus extorqueri non debet, ſed potius ſponte profiteri. Peſsimum. n. eſt, de ſuſpitione, aut extorta confeſsione, quenquam iudicare. Againe,fIbid. cauſ. 2. q. 5. c. 20 ſpontanea confeſsione vel teſtium approbatione publicata, delicta habito prae oculis Dei timore commiſſa ſunt regimini noſtro iudicare. occulta verò & incognita illi ſunt relinquenda, qui ſolus novit corda filiorum hominum. Gratian cō menting herevpon, affirmeth that purgation by othe is inhibited, by this authoritie of the Pope, by which no man muſt be compelled to confeſſe againſt him ſelfe, but the confeſſion muſt be voluntarie, that muſt cōdemne a man. Againe. Adulterie is not to be puniſhed niſi flagitium detegatur. If it cannot be proved, all iudgement ceaſeth,hInnocen. 1 epiſt. 3. ad Exuper. Tholoſſ. c. 4. non habent latentia peccata vindictam; probatione ceſſante, vindictae ratio conquieſcit. Laſt of all:lSynod Rhemenſ. can. 19. Epiſcopi & iudices iudicia diſcernant, quia ſunt quaedam iudicanda modo quaedam Dei iudicio reſervanda. Thirdly, the othe ex officio fighteth directly againſt Gods word: who requireth two or three witneſſes vntounto everie lawfull eviction and condemnation. This holdeth in the Elder and in the Miniſter eſpecially: againſt others an accuſation may be receaued, if the accuſer will binde himſelf to triall, but the Miniſter hath this priviledge, that it muſt be tried before hand, whether there be two or three witneſſes or no before his name be called in to queſtion. For this is the ſenſe of thoſe wordes Receaue not an accuſation against an Elder vnderunder two or three witneſſes. In deed the governing Elder hath this priviledge by this place: 1 Tim. 5.the preaching Elder is here meant by our Oppoſites owne confeſſion. And this hath been aunciently practized.mConcil. Bracharen. 2. ca. 8. Placuit vt ſi quis aliquem clericorum in accuſatione fornicationis impetit, ſecundum praeceptum Pauli Apoſtoli, duo vel tria teſtimonia requirantur ab illo. quod ſi non potuerit (datis teſtimonijs) approbare quod dixit, excōmunicationem accuſati, accuſator accipiat. Againe,nIulius 1. cont. Oriental. pro Athanaſ. c. 30.31. when a Miniſter is to he iudged, the proceeding muſt not ſleightly paſſe: nothing muſt be done till the accuſer come in place: none muſt goe further then the libell of the accuſation which is put vp, the reſt muſt be reſerued to Gods iudgement. man muſt not de illis quae ei inconceſſa ſunt, vllo modo iudicium praeſumere. What othe ex officio here? for the accuſation is not ſo much as receaued, till the accuſer him ſelfe come in place, no captious interrogatories are here propoſed after he is come, beyonde the libell of accuſation, which he did put vp: and if proofe fayle to make good the libell, the miniſter remayneth vntouched: yea without any othe of his owne he is ſent away cleared, and the accuſer only is ſtayed behinde to be puniſhed for his ſlaunder. Thus the Canon,oDecret. p. 2. cauſ. 2. q 5. c. 1.3. Nos ſacramentum Epiſcopis neſcimus oblatū, nec vnquam fieri debet, niſi pro recta fide. If a miniſter of old was put to his othe only in the cauſes of faith, then now they ſwerue from auncient practize, who put miniſters to ther othes ex levi pC 4.cauſa, which the canon by name cōdemneth, as vponupon ſome light ſuſpition, or perchance ſome fancy only of their owne heades: of which we may reply, as one did once at the Councell of Chalcedon, qChalcedonenſ. Concil. act. 15. p. 183.Praesbyter ſum, & cogitis me iurare? Howbeit, they break the boūds which the ancient Fathers pight much more, who ſo lift vp and exalt them ſelues aboue their brethren, as they vſe them worſe then ſervants, who notwithſtāding hauehave fellowſhip with thē in the goſpel. for is not this in criminall cauſes an ancient decree,rConcil. Epaunenſ. can. 39. de peccatis verò, vel quocunque opere, placuit à dominis iuramenta nō exigi? Is it not now thought ſufficiēt, that they are our lords who put vsus to our othes, ther being now no cōſideration takē whether we be their ſervants or fellowes? ſure if in caſe we be ſlaues to thē if we had lived in elder times we ſhould not in criminall matters hauehave ben thus vſed. How be it, the indignitie here reſteth not. their Canonical Lordſhip over vsus is ſo farre ſtretched, as that their ill conceit of vsus is ſufficient preiudice againſt vsus. It muſt be thought they will accuſe none, but ſuch as are guilty: which as it maketh way to the Spaniſh sAct and monu p. 849.Inquiſition, into whoſe proceedings none muſt inquire, whē they accuſe good mē without moe witneſſes thē thēſelues, which are vnknowen to the partie accuſed, vponupon ſuppoſal they cannot erre ſo it offendeth againſt the cōtrary iuſtice practized of old,tVacenſ. Concil. cap. 7.8. ſi quis Epiſcopus aliquem de crimine putet eſſe damnandum, accuſatoris vice diſcutiendum ſe ſciat: Fas est enim vt quae vni probantur, probentur ab omnibus: quod ſi tantum alieni ſceleris ſe conſcium novit, quamdiu probare non poteſt, nihil proferat ſed cum ipſo ad compunctionem eius ſecretis correptionibus elaboret. duplicate page duplicate page It followeth in the Canon, that if the private admonitions of the Biſhoppes be contemned, what, that he ſhould bee bewrayed by an othe? No ſuch matter. onelyonly pro perſona maioris authoritatis, he is to abſtaine from the communion of the Biſhopp him ſelfe: in the communion of all others he ſtill enioyeth, vntill ſomewhat be proved againſt him. This courſe is confirmed by times auncienter then this Councell.uDamaſus epiſt. 6. ad Epiſcop. …al. Chriſtus ludam furem eſſe ſciebat, ſed quoniam non est preſenttaliter accuſatus, ideo non eſt eiectus. nec vos vllo modo agere oportet, quod ille noluit facere. Leges enim ſaculi accuſatores preſentes exigunt, & non per ſcipta abſentes: Nullus (igitur) iudicetur, antequam legitimos accuſatores preſentes habeat. But there is alleadged to proove this othe ex officio lawfull by the worde, the othe to which the adultreſſe was put in Moſes lawe. touching this, let the worlde vnderſtande, thatwDecret. p. 2. Cauſ. 2. q. 5. ca. 21. Gratian him ſelfe, though he cite this othe, yet reſteth not in it, neither thinketh it ſufficient to approve in criminall matters anie enforcement of an othe vpō a partie that is ſuſpected, againſt his will. In deede who ſeeth not that this lawe was not morall, but iudiciall: not generall but particular to the policie of the Iewes? and that vponupon particular cauſe, to wit, the inborne ielouſie of that Nation which could not otherwiſe be appeaſed? Exod. 22.12Beſides, though in matters of controverſie about goods, there was an othe allowed, yet in what criminall matter beſides this of adulterie? Once more, If our Oppoſites will hauehave this lawe to authorize an othe ex officio in matters criminall for purgation, then may they miniſter by the ſame an othe alſo in cauſes of death: for, adulterie (as it is knowne) was death by Moſes lawe. Now this ſeemeth to be euen more then can be warranted by the example of thezAct. and …n. vb. ſupra. Spaniſh inquiſition it ſelfe. Sure example in the ſcripture we hauehave none of it but that of Caiphas, adiuring our Lord in the name of the living God. Matth. 26.6….VponUpon which, let the Interpretours bee conſulted withall, theyyBera. homil. ibid. will tell vsus howe tyrannous ſuch an adiuration is. We reade in the CanonuDecret. p. 2. Cauſ. 2. q. 5. ca. 11. Lawe, of one called Guillandus a prieſt, ſuſpected to hauehave killed his Biſhoppe. Touchinge whom the order taken is, that ſi certi accuſatores defuerint, that hee ſhould be reſtored to his Miniſterie, and to his Benefices, although he was very vehementlie growne infamous about the facte. Fourthly, The othe ex officio, perverteth the duetie of a righteous othe, which MaiſteraAct. and mon. p. 1021. 1022 Lambert ſtoode vponupon when he was examined about the othe ex officio, whether he thought it lawfull or no. It is not lawfull (ſaith he) for a man to ſweare when a man knoweth not what they will demaunde of him, or whether it be lawfull to ſhewe them the trueth of their demaundes or no. or whether the matter will beare an othe, or if it will, whether there be no other meanes left to bowlt out the trueth. Iudges hauehave neede to be ſpare in requiring of othes: for in cuſtomable taking of othes, & that for every tryfle creapeth in betwixt tymes ſome periurie or other. If the Iudge require an othe in lawful and convenient manner, as in controverſies which can not otherwiſe be decided betwixt neighbour and neighbour, I thinke my ſelfe bounde to ſweare: but if he put me to myne othe to bewraye my ſelfe, or to bewraye any other, this being cōtrarie vntounto charitie, I count it inexpedient to hold me ſtill. When the Miniſters ofbvictor. de perſecut. Vandalic. Aphric were tendered ſuch an othe as this, Nunquid bruta irrationalia (ſaid they) nos putatis, vt iuremus neſcientes quid charta contineat? The othe ex officio (then) we cannot take with reverence. Fiftly, the othe ex officio perverteth the lawe and iuſtice of all nations, times and countries. ThiscAp…d. Plin li. 10. epiſt 98. Traian ſine authore propoſiti libelli nulla crimina locum habere debent. nam & peſsimi exempli, nec nostri ſaculi eſt. By the civilldDigeſt. lib law, there is no proceeding till ſome accuſer hath bound him ſelf to purſue the accuſation. TheeDecret. pag. 2. cauſ 23. queſt. 4 Canon lawe which is auncient, followeth the ſame courſe, peccata quae publicis iudicijs deſeruntur punienda non ſunt. ThefCanone… Synedor. collect. p Adrian. tom. Con…li…r. 3. Councells that be auncient take the ſame courſe, there muſt be an accuſer preſent before any thing be done. When the accuſer preſenteth him ſelfe,gSixt. 3. in epiſt. ad Epiſcop. Oriental. ſcribat ſe prius probaturum. without this courſe criminationes adverſus doctorem nemo recipiat. The Fathers are of the ſame iudgement,hAm… o…. in epiſt. 1. ad Corint. c. …. ſi quis poteſtatem non habet quem ſcit reum eijcere aut probare non valet, immunis eſt. & iudicis non eſt ſine accuſatore damnare, quia & Dominus Iudam, & cùm fur eſſet quia non eſt accuſatus, minime abiecit. Thus we ſee, till the Church was corrupted, the othe ex officio in matters criminall, had no acceſſe nor entrance. One of the firſtlConcil. Ilardenſ. tom. 2. p. 357. Councells that ordayned purgation by othe, is late: and it requireth this oathe to be taken, becauſe Leo the Pope had ſo purged him ſelfe before in the preſence of Charles the great. Hence we may gather the firſt riſing of the othe ex officio, how prepoſterous it was: Some voluntarilie tooke an othe to purge them ſelues, and by their example future tymes brought in a neceſſitie: contrarie to the proviſoe taken bymDecret. p. 2. cauſ. 2. q. 5. c. 18. Leo him ſelfe and Sixtus the thirde, who forbadd (as we heard before) that any ſhould bringe in anie neceſſitie by his example: who, if he ſwore for his owne purgation, he did it voluntarilie and of his owne accorde, without any meaning to binde others to the like. There is a CouncellnConcil. A gathenſ. tom. 1. p. 716. ſomewhat higher then this, that putteth a Miniſter to his othe of purgation, but it is after that his pariſhe hauehave come in and taken an othe that he is publiquely infamous, ne populus in eo ſcandalum patiatur. but what is this to the othe ex officio, which now is tendered to vsus? Howbeit, the fountaine of this othe for purgation in common infamie, is neither ſo auncient, nor ſo cleare: it firſt came in ex ſuperabundanti, as we may perceaue byoGregor. …. 2. indict. 1…. epi. 2… Gregorie, who in the common infamie of one Leo, cauſed him to ſweare vponupon the Reliques of Saint Peter ex abundanti: that ſo no doubt or anie ſcruple might remayne. The fondneſſe of the tymes, when the othe ex officio firſt aroſe, as it plainly appeareth by this ſuperaboundance mentioned, ſo by another ſuperadded vntounto this: when an othe was not beleeued, he was put to an other kinde of purgation, ferventi aqua, vel candenti ferro ſe expurget, ſayethpDecret. p. 2. cauſ. 2. q. 5. c. 15. one of the Councells. This courſe continued longe, as may appeare by an after Synode,qSynod. Mogont. ſub Rabbā c. 14 ſervus per 12. Vomeres ferventes ſe purget: tillrGen…brar. chronolog l. 4. in An. 892. Steven the ſixth forbadd the tryall both of hott water and of hott iron, about the yeare eight hundreth ninetie and two. And the othe ex officio for purgation had more fellowes then either the Reliques of Saint Peter, or this hott and burning iron. for the ſame ſuperſtition that brought it in, brought in Monomachie alſo. which was to trye a matter in controverſie by the ſight of two men. Lotharius was he that deviſed this way of purgation, not beleeving the othe of Theuperga his wife, he would try whether ſhe were chaſte or no by the fight of two men. But this was forbidden by thesDecret. vb. ſup. c. 22. decree of Nicholas. An other companion of the othe ex officio for purgation eſcaped better, which was to goe to Maſſe & to receaue the body of Chriſt, in theſe wordes,tIbid. c. …3. corpus Domini ſit mihi ad probationem hodie. Sixtly, the othe ex officio is againſt the lawe of this Lande: it grewe firſt by the Statute of 2. Henry the fourth, cap. 15. made for the puniſhment of Lollards, that is to ſay, of true chriſtians. which Maiſter Foxe in his booke of Martyrs, in regarde of that proceeding ex officio, calleth a cruell lawe, a bloudy lawe, a lawe of Maximinus. The ſtatute of 25. Henrie the eight, cap. 14. in that blinde tyme brandeth it with this marke, that the Ordinaries of this Realme were wont to examine vponupon captious interrogatories. Beſides, it ſtandeth not with the iuſtice of our Lande, that any perſon ſhould be convict, or put to the loſſe of his life, goods, or good name, but by due accuſation and witneſſe, or by preſentment, verdict, confeſſion, or proceſſe of outlawrie. Howe can it bee reaſonable (then) that anie Ordinarie by anie ſuſpicion conceaved in his owne fantaſie, without due accuſation or preſentment, ſhould putt anie ſubiect of the Realme, vntounto anie infamie or ſlaunder of hereſie, to the perill of life, or loſſe of goods, &c. Note alſo, that by this Statute 25. of King Henrie the eight, c. 19. no Canons, Conſtitutions, or Ordinances, may be put in vre within this Realme that are repugnant to the K. prerogatiue, or to the cuſtomes, lawes, or ſtatutes of this Realme. So that, the lawes of the lande being againſt the othe ex officio, no canon or conſtitution can holde it in. I omit what theuThe humble perit. to Q. Eliz. p. 25. 62. 67. out of Crompt. 182. Firzharb de natur. bre. p. 41. Regiſt. p. …6. Raſtal. pro. 5. learned of the Lawes hauehave collected of this poynt. proving that the lawe of the lande tendereth no othe but in cauſes Matrimoniall and Teſtamentarie onelie.
#Sect. 3. The violence of ſubſcription iuſtly complayned off as moſt vniuſt.
SEcondly, Sect. 3.we complayne of the violence which is ſhewed vsus in the emforcing of Subſcription. litle leſſe then that whichaConcil. Chalcedō. act. 1. p. 68. Dioſcorus afferred to the Biſhops of his tyme. For though we fall downe before them and conteſt as they did then, noli per veſtigia reverentiae veſtrae, yet are we exclaymed vponupon (as he cryed out on them) ſeditionem mihi mouetis, da commites. neither can we appeaſe them, vnleſſe for feare we ſubſcribe, as they for feare ſubſcribed to him. It will be the Lawe which here they will plead: which ſuppoſe it were with them, what vizard hauehave they gotten better then that of Vlpian, bCaeſar. Baron. annal. anno 225.Qui in libro quem ſcripſit de officio pro Conſulis, cuncta qua valuit adverſus Chriſtianos ſtatuta, collegit. quo ſe in eos ture agere non impetu animi demonstraret. Nowe this covereth not their violence, as long as we are able to replye withcLactantius li. 5. c. 11. Lactantius, their conſtitutions together with the diſputations of thoſe Lawyers that proſtitute their helpe vntounto them, are vniuſt. Howbeit, what if the Lawe be (indeed) with vsus, the violence which they offer againſt vsus in this behalfe, be a violence offered againſt the very lawes them ſelues. For when the ſtatutedStatut. 13 Eliza. c. 12 requireth ſubſcription with this exception to The articles of religion which [onelyonly] concerne the confeſſion of the true chriſtian faith & the doctrine of the Sacraments, the word [only] muſt needes exclude ſomewhat, which what can it be but matter of ceremonie and of Church-governement. to which the honorable ſtate of the Parliament would binde no man, becauſe they ſawe them controverſed, not only by private men, but alſo by whole churches? Now it is not vnknowne that our Reverend Fathers require a ſubſcription not only to Faith and Sacramentes, but alſo to the Diſcipline, communion booke, ceremonies and all things elſe, ſo impoſing articles of their owne, which no ſubiect by the lawe is permitted to doe. I ſay of their owne notwithſtanding the Canon. For ſeeing the ſtatute lawe is againſt it, noeStatut. 25 of H. 8. c. 19. canon, no conſtitution eccleſiaſticall can make it good. Howſoever, ſeeing diverſe Miniſters hauehave been repelled, and deprived that offered to ſubſcribe iuxta formam Statuti, ſo farre forth as the lawe of the lande doth binde them, it ſufficiently appeareth we are denyed the benefite of lawe, and that a tranſcendent power aboue the lawe hath been claymed, whereby to wrong vsus. And what wil be ſaid to this, that if we were bound by the lawe to ſubſcribe as they would hauehave vsus, that then we muſt ſubſcribe againſt the croſſe in baptiſme. For they will hauehave vsus to ſubſcribe vntounto the bookes of Homilies which are eſtabliſhed by act of Parliament, and to acknowledge no doctrine is contayned in them, but that which is ſound and true, whereas we are able to prove plainly by the principles that are contayned partly in the homilie againſt the perill of Idolatrie, partly in the homilie for Whitſentyde which handleth baptiſme, that no roome ought to be for the croſſe in the ſervice of God, or in the ſacrament of Baptiſme, as hath been ſhewed in ſeuerall places of this treatiſe. Thirdly, we complayne that we are put out from our benefices, which are freeholdes, by the bare and ſole ſentence of a Biſhopp; whereas the libertie of an Engliſh man is this, to be put from hisfMagna Charta. c. 29. free-holde by none, but by the verdict of 12. men. And as we are wronged by the bare and ſole ſentence, ſo alſo by the meere will and ſole pleaſure of a Biſhop. What lawe hauehave they elſe? For the Statute of Eliz. the 1. puniſheth no bare omiſſion with obſtinacie and contempte of any one rubric of the ſervice booke, eſpeciallie in them who receaue the whole body of it, ſo farre foorth as a booke of mans framing may be receaued. to omit that the booke for which we are puniſhed now is not that communion booke which the Statute of Eliza. doeth eſtabliſh but a newe one, a diverſe one, a different one. which when it was afferred to the moſt honorable Court of Parliament to be confirmed, it was refuſed, reiected, caſt out and diſannulled. Conſider theſe thinges a while, and then aske of thy ſelfe, why doeth not a Crozier ſtaffe appeare in the handes of a Biſhopp, as well as the croſſe in Baptiſme: ſith the lawegOrdinat. miniſt. Anglican. ap. Bucer. rubric. vltim. in the book of ordayning Miniſt. p. 65. requireth the one aſwell as the other? Is it becauſe there is a meaning not to vſe that gentle direction which the vpper ende betokeneth, but that rigour which the lower ende doeth ſignifie, according to the auncient verſe,hDurant d… rit li. 2. c. 9 ſect. 40. curva trahit quos recta regit, pars vltima pungit. In Ruſsia the bacculus pastoralis is cruciatus, whereof our Governours ſhould not be aſhamed, as longe as they louelove ſo well as they doe the croſſe in Baptiſme But if they may ſpare them ſelues at their pleaſure, though they ſpare not vsus, yet (me thinkes) it can not but be hardly done of them to keepe the Staffe of this crozier ſtill in their handes for a trunchion wherwith to ſtrike and beate their fellowes. The birde in thelAct. and monu pa. 374. parable of Iohannes de Rupe ſciſſa is deplumed by thoſe who firſt clothed her with her gay feathers, when in the pride of them ſhee began with her beake to punge and to teare with her talants. If our Reverend Fathers ceaſe not to punche vsus, and to teare vsus as they begin, it is the duetie of every true chriſtian, Ezech. 3….16.to giuegive the Lord no reſt in his prayer, vntill he remember his mercifull promiſe to iudge betweene the fatt & leane of his flocke. And this we truſt he will doe in due time, againſt their expectation: who according to auncient hipocriſie, Iſai 66.5.looke for a [bleſſing] from the Lord notwithſtanding they thruſt [out] as if the whole fault were in vsus, who for ſuch ſmall matters as theſe, incurre our owne vndoeing. But this is to mocke both with God and with man: and that ſomewhat like tomSocrat. hiſtor. lib. 3. cap. 12. Iulian (if I be not deceaued) who when he had impoveriſhed the chriſtians, laughed at them as at fooles, becauſe they would impoveriſhe them ſelves to hauehave the bleſſing which their Maiſter giveth to the poore, Nowe who are we to be thus conformed vntounto the firſt begotten of God, who are nowe in heaven? as now it is ſaide to vsus, what great matter is it to make a croſſe, to put on a Surplice: ſo was it ſaide of olde to them, what great matter is it to ſweare n by Caeſar? Nay we are herein conformed to our Lord him ſelfe, for ſo it was ſaide to him, trueth, what is trueth? Iohn 18.38Is that ſuch a matter to be ſtood on? Is he wiſe that will caſt away him ſelfe for trueth? And ſo much of the ſinne of the ceremonies againſt the 8. commaundment.