Perth Assembly, Part 4
THE OATH DISCVSSED.
THE Religion, Doctrine, and Discipline received, beleeved, and defended by the Kirk of Scotland, and namely the publick ministration of Baptisme, and the Lords Supper, sitting at the table in the act of the receiving the bread and wine of that Sacrament, the observation of the Lords day, and the examination of children, for the first time at the ninth yeare of their age, for the second at the twelfth, for the third at the fourteenth, excluding and abhorring private baptisme, private communion, kneeling in the act of receiving the Supper, holy dayes, or feasts of Christmas, Passion, Resurrection, Ascension, and sending down of the Holy Ghost: were brought in at the reformation of religion, and enioyed ever since in manner and forme as followes.
After due tryall and advisement taken of the heads in generall and particular aboue written, the whole Church was of one heart and iudgement concerning the same, and every man was permitted to heare reasoning, and such as would were permitted to reason, every man professed himselfe to be perswaded in his own minde.
The particulars to be embraced and followed, and the corruptions to be avoyded, were by Ecclesiasticall authority in free, full, and lawfull generall Assemblies, publicke confessions, and solemne protestations aduisedly established.
The estates of Parliament agreeing in iudgement with the Kirk concerning the said matters by their acts ratified and approved the Kirk constitutions, and appoynted civill penalties against the transgressors of the same, with prouision of order whereby they might be called, convicted, and punished.
The sayd unity of iudgement authorized by the constitutions of the Kirk, and lawes of the Countrey, and the whole particulars established by these bands, having been tried by practise, and otherwayes, hauehave proved expedient, profitable and necessary by the space of fiftie nine yeares, and now iustly hauehave acquired the force of good and commendable custome.
For our furder confirmation of the sayd religion, doctrine, and discipline in generall, and in the particulars before named, all and every one of all estates of this Realme hauehave solemnly sworn, that they shall continue in the obedience of the doctrine and discipline of this Church, and shall defend the same according to their vocation and power.
Notwithstanding of these fiue obligations, viz. unity of judgment, and opinion: Ecclesiastical authoritie reiterated & confirmed by many famous Assemblies: Many civill lawes: Nine and fifty yeares practise and custome universally commended: and the sayd solemne oath divers times repeated, the pretended assembly holden last at Perth, received certain formes formerly excluded and abhorred.
Queritur, if one or moe Preachers or Professours in the sayd Kirk, standing to the Kirkes former iudgement; and able to defend the same by good reason, at least seeing no warrant in the contrary, may dispense with the sayd oath, or follow the plurality of preachers, & professors dispensing with the same in the assembly. And what power may compell the alteration of iudgement, or loose the sayd oath in any case aforesayd? Leaving the full answer to the wise and well reformed Christian walking before God, and looking for a crown upon the glorious day of our Lord. For present reformation we shall consider the sayd oath: first in the persons, takers of the same. 2. The matter whereto they sweare. 3. The forme and manner, whereby they are bound. 4. The force and effect of that forme for making sure mens particular deeds.
The persons takers of the oath are all baptised Christians of perfect age, able to examine themselues, and so to eate of the Lords Supper, honoured with callings, and all professours of Christian fellowship, of Christ the searcher of hearts, and of life and iudgement eternall, free of madnesse, and of all restraint of superiour power in this case, understanding periury and the paines thereof, at their owne liberty, and free of all coaction: as at length may be seene in the confessions of faith registred in the Acts of Parliament, printed in the booke of Discipline before the Psalmes in meeter, the confession of faith subscribed by the Kings Maiesty and his houshold, published by open proclamation and yet standing in print. And in the covenant celebrated by the generall and provincial Assemblies, and by the Presbyteries, and particular congregations, but more summarily in the heads underwritten, acknowledged and confessed by themselues.
WE all, and every one of us after long and due examination of our consciences in matters of true and false religion are now throughly resolved in the truth by the word and Spirit of God.
Wee beleeve with our hearts, confesse with our mouthes, subscribe with our hands, and constantlie affirme before God, and the world, that the faith and religion, received, beleeved, and defended by the Kirke of Scotland, the Kings Majestie and three Estates of this realme particularly expressed in the confession of our faith, established and publickly confirmed by sundry acts of parliament, and now of long time hath been openly professed by the Kings Majestie, and whole body of this Realme, is only the true Christian faith and religion pleasing God, and bringing salvation to man.
To this confession, and forme of religion wee willingly agree in our consciences in all points, as unto Gods undoubted trueth and verity.
Wee willing to take away all suspition of hypocrisy and double dealing with God and his Kirke, protest, and call the searcher of hearts for witnesse, that our minds and hearts doe fully agree with this our confession, oath, and subscription.
Wee protest that we are not moved with any worldly respect, but are persuaded only in our conscience through the knowledg and louelove of Gods true religion printed in our hearts by the holy Spirit, as wee shall answer to him in the day, when the secrets of all hearts shal be disclosed &c.
Before and at the tyme of their solemne protestations, it was well knowen to all the promisers, Swearers, Subscribers, that 1. At Edinburgh, the 18. day of Octob. 1581. And from the reformation to that year it was resolued, and by common consent concluded that in tyme cōming no sacrament be ministred in priuate houses, but solmnely according to the good order hitherto obserued. 2. At Edinburgh in Ianu. 1560. it was declared by this Kirk that Christ sat with his disciples at a table, whē he instituted the supper, and that sitting at table was the most convenient gesture to this holy action. 3. That the Popes fiue bastard sacraments, whereof Confirmation is one, with all rites ceremonies and false doctrines added to the ministration of the sacraments were abhored. And that examination of children, aftet the maner agreed vponupon in the Kirk, was sufficient to unite baptized infants with the Kirk in the participation of the Lords Supper. 4. That at Edinburgh in Ianuar. 1560. the Kirk judged vtterlie to be abolished from this Realm, keeping of holy dayes such as the feast of Christmas &c. Imposed vponupon the consciences of men without warrant of Gods word, and many other things of the like nature condemned by preaching, and corrected by publick censures of the Kirk. Hence it is euident that no exception can be taken against the persons promising, swearing and subscribing, for despensing with the said oath.
The matter whereunto they bind themselues by oath is the religion, doctrine and discipline receiued, beleeued and defended by the Kirk of Scotland. In respect of this matter, the oath is partlie assertorie, and partly promissorie. They affirme as followes. 1. That it is Gods vndoubted truth and veritie grounded onelie vponupon his written word. 2. That it pleaseth God, and bringeth salvation to man. 3. That they are now throughly resolued in this truth. 4. That they detest all vain allegories, rites, signes and traditions brought into the Kirk without, or against the word of God and Doctrine of this true reformed Kirk. Such assertions can not be loosed, an assertorie oath can not be dispensed with, for it is already past. Assertorij juramenti materia in necessitatem transijt. They hauehave all alreadie sworne that they are persuaded in their consciences in the points aforesaid. This persuasion is not to be performed, but is already past and sworne. We can not therefore go in the contrary except we will be perjured. The promissory part is, to continew in the obedience of the doctrine and Discipline of this Kirk, or to defend the same. The indurance of the said continuance and defence is all the dayes of our liues. The execration whereby they inforce the truth and promise of their oath is, under the paines contained in the law, and danger both of body and soule in the day of Gods fearfull judgement. This continuance and defence in respect of the worthines of the matter affirmed, and of the nature of an oath and promise, and in respect of the indurance, and execration adioyned, leaveth no place to alledge the events of posterior accidents incident to the matter sworne to, to loose or dispense with the said oath, or promise, as it may be clearly seene in the nature of an oath.
The formes whereby the foresaid persones are bound to continue, and defend the said religion are 1. Publick profession before God and the world 2. Printed and published confessions. 3. Subscription. 4. Obedience to the lawes of the Country. 5. Christian subjection to the order of the Kirk. 6. The solemne covenant. lastly. The oath. All these formes amongst all people, but specially amongst Christians are reputed for strong bands. If wee consider the zeale of our Christians to God and his trueth, the oath may be called juramentum affectionis, the oath of affection. If their willingnes to cleaue to their bretheren in sincerity of profession it is voluntarium et quasi conventionale, it is voluntary, and as it were by paction. If their loyalty to his maiesty and reverent obedience to the Kirk it is judiciale, an oath before a Iudge. If suspition or any other sort of undutifulnes, it is Purgativum, an oath of purgation. If the fulnes of the forme, it is not simple, but componed, haueing a most fearfull execration expressed. If yee consider the matter sworne to, viz. The religion, Doctrine, and discipline, as it is affirmed for undoubted trueth, it is assertorium, an assertory oath. If the continuance in defence of the doctrine and discipline, it is promissory, Whereby the particular acts of their future continuance and defence are bound to be established in religion, doctrine, and discipline. In respect of the which establishment and future continuance and defence, it is a thing bygone, and past in rem judicatam, worthy of the said continuance and defence, but nowayes subject to the changes accessory to the persons by oath addebted to these duties. The matter affirmed in this oath, concerneth God, our brethren and the rest of our own soules in the course of profession. The duty that wee performe to God, is to take him to be Iudge and witnesse of our sincerity and constancy of our profession. The duty that wee doe to our neighbours is to put them in assurance of our brotherly disposition and carriage in the communion of Sanicts. The honour and the ease that we bring to our selues is, that we lay, a… it were, God in pawne for us who hath the cleare konwledge of most secrete things, and is the undoubted patrone of verity, full of all justice, and power to punish perjurie.
The force and effect of this forme being considered in the persons swearers upon whom God principally hath laid the law of swearing, should be a strong cord to restrain us from the variable inconstancy and customable changes that falleth in the world for the reasons following. 1. An oath is the golden cord, whereby we are bound to sacred verity, and the sacrificing knife whereby we cut away superfluous controversies. 2. The effect of an oath is a most solemne and sure obligation, and therefore by the consent of all the Doctors the oathes of compulsion, and hurtfull, in matters prestable, and not impious, are to be keept. 3. A lawfull oath by God alone may be loosed, who is the chief CVI for whose sake it is taken. 4. It is a note of the Antichrist to dispense with oathes. It was well said, that dispensations nihil aliud sunt quam legum vulnera. What is more religious in religion then an oath? What shalbe the force of bands or contracts? with what coards shall societies be knit if men shalbe freed from their lawfull oaths, or rather forced to violate them?
To elude the oath the temporizer objecteth that all oathes of inferiors are made, salvo jure superiorum, seeing therefore the King & the Kirk, our superiours, hauehave made those innovations, wee are freed of our oath, so far as innovation is made. Answer, that an oath made by the inferior, with knowledge and consent of the Superiour can not afterward be loosed by the Superiour. The Canonist giveth this example, a scholer is sworne to his Creditor not to departe from the schoole beyond the boundes and limits agreed on betwixt him and the creditor, before he make payment at the appointed day, his father commands him to returne home. If he contracted the debt for his study, he had the tacite consent of his father. For setting him to schole, he did assent to all necessaries serving for his studies. The father here is by his owne tacite consent spoiled of his authoritie in recalling his sonne. But farre more when he geueth his expresse consent. In the present case, wee had the consent both of the King our father, and the Church our mother, yea they went before us in example, subscribed, and sworne the Confession aforesaid themselues. The Bishop of Elie in Tortura Torti answering to Matheus Tortus adviseing his Majestie to graunt libertie of conscience hath these words, Pag. 81.82. Integrum jam hoc illi non est: nam quod cum ea qua decet reuerentia dictum volo, non semel perjurus sit, sed bis si te audiat. Qua enim (siqua est fidei bis datae conscientia) vel conscientia vel fide, ferret in regnis suis ritus vestros, vel usum eorum publicum, qui suscepta primum Scotiae, suscepta dein Angliae corona regia, utrobique solenni ritu jus…r…ndum Deo praestitit, de conservanda in statu suo illa colendi Dei formula, nec alia quam quae in regnis suis tum publice recepta, & utriusque gentis legibus stabilita esset. Quarum etiam se tum legum quoque, non minus quam religionis, sanctissimè in se suscepit defensorem fore? Eo autem consilium hoc tuum tendit, ut novator sit, ut periurus, ut uterque sit: esset enim uterque, si utroque hoc tam gravi crimine, vel coronae suae, vel etiam vitae securitatem redimeret. The Bishop is bold to affirme that his Maiesty cannot permit liberty of conscience, because he was twise sworne to maintain the forme and manner of Gods worship receiued and established in his kingdomes. If his Maiesty may not permit another forme of Gods worship then that which was received already, nor the use of Papisticall rites, farre lesse in the Bishops iudgement, may his Maiesty inioyne, or command other formes and rites. As for our other Superiour, the Kirk, it cannot be denied but persons of all estates hauehave subscribed and sworne since the yeare of God 1580. The oath and subscription was universall Anno 1580. 1581. 1582. & anno 1590. When the generall band was made for the maintenance of true Religion, and his Maiesties state and person. The said confession was published with the generall band, and subscribed. So againe anno 1596. when the covenant was renewed in the generall Assembly, in the provinciall Assemblies, in Presbyteries and particular Congregations, the oath was universall. Besides the universall oathes and subscriptions, upon divers occasions, some particular persons at divers times hauehave subscribed. So, a particular rank of persons, as for example schollers passing their degrees, since the yeare 1587. subscribed and swore the confession of their faith at their Laurocation. In like manner, every Burgesse at his admission protested before God to defend the religion then professed and authorized by the Lawes, to his liues end. In like manner, particular Presbyteries, and Synods of late yeares: as for example, The Ministers of the Synod of Lowthian assembled at Tranent anno 1604. subscribed the confession of faith. The two pretended Archbishops now liuing, were present and subscribed with the rest of their bretheren. Any man may see, that few are excepted, who hauehave not made their personall oath. And least any man think himself exemed, let him consider that the generall Assembly, the Kirke representatiue made a solemne oath by holding up their hands, at the renewing of the covenant anno 1596. This oath of the Kirk representatiue obligeth them all who were living, to the maintenence of the purity of religion in Doctrine and discipline as it was then professed. Yea the oath representatiue of Ioshua, and the Princes of Israel representing Gods people oblished their posterity: and therefore many hundred yeares after was the famine sent upon the land for the violation of this oath made to the Gibeoni…s and Sauls seven sonnes were hanged. The yong ones were not excepted in our oath: for the Parents did binde for them, when they were baptised, to bring them up in the confession of faith, as it was then professed in the Kirk, as grounded upon, and consonant unto the covenant of grace made betwixt God and men for themselues and for their seed. So yee see the oath of the Kirke of Scotland was partly personall and partly reall. Is any Assembly, never so lawfull, free, and formall, able to free us of this oath, let be a pretended Assembly, disturbed, and divided in it selfe, and drawing down in one session, these things which were builded up in many yeares, and by many famous and notable Assemblies, consenting in one heart. But as I hauehave sayd, our oath was with consent of the Assembly and Kirk of Scotland. Seeing we are sworne severally, how can the same persons assembled together in one body collectiue, dispense with this oath, seeing they hauehave sworn to defend during their liues. To consent to any alteration, is not to defend during their liues, but rather to betray the cause, and incurre perjurie. If they may not violate their oath assembled collectiue, farre lesse may a generall assembly representing onelyonly the collectiue body free them of their oath, least of a null and unlawfull Assembly.
They alledge they hauehave not violated their oath, because the substance of Religion is kept, and onelyonly some indifferent points altered. But I answer. First that an oath cannot be said to be kept, vnlesse it be kept in all the parts and contents, and in the forme and manner expressed, Nam juramentum servandum est in forma specifica. Wee swore to keepe the same forme or worship that was vsed in the Kirk of Scotland, and specialie in the use of the sacraments. This specification (the Kirk of Scotland) admitteth neither English, Lutherane, nor Romane rites in the worship of God different from our profession. Next our oath was in a matter of religion which is not changeable as statutes of republicks and corporations are. And eueryevery point of the confession of a faith is a note of profession, whereby wee professe our selues to be distinguished either in substance, or puritie of religion from others. Confessions of faith should not be changeable as Hilarius complained of his tymes Annuas & menstruas fides de Deo decernimus. Thirdly put the case, the points of our profession that are innouated were matters indifferent, as they were not so vnderstoode at the tymes of our oathes and subscriptions, but were declamed against, as points of plain papistrie, yet seeing indifferent things abjured for their abuse may not be receiued how can wee receiue them, except it were proued, that our oath was at the begining vnlawfull; or that our former formes are become vnlawfull, not expedient for edification of the Kirk, Or lesse edificatiue then the ceremonies presently vrged. It was plainely confessed in the last pretended Assembly, that they were not expedient for our Kirk, & that they yeelded to hold off an outward and externall inconvenience, a matter uncertaine and depending in the effect vponupon Gods providence yea a matter now denied, as importing tyrannie for so is it constantly, reported. In rhe meane tyme our assertorie oath is alreadie past, and wee become perjured if wee come in the contrary. This is a high degree of perjury, when not onelyonly we contravein our oath by practise, but make Lawes in the contrary, and thereafter inveigh against our oath as Puritanisme. If sincere and constant professours shall be still pursued for their constancie in their profession, and the conscience they make of their oath: Do we not expone the whole Nation to a woefull vengeance, and perpetuall ignominy.
The unlawfulnesse of every one of the Articles shall be proved, as need shall require, and opportunity will serue.