The Nonconformists Plea for Peace, Documents
Three Venerable Monitors TO NONCONFORMISTS.
I. An Epiſtle of an African Council, (in Cyprian 68. p. 200.) to Faelix a Presbyter, and the Laity at Legio and Aſturica: And to Laelius the Deacon, and the Laity at Emerita, concerning their Biſhops Baſilides and Martial who were Libellaticks *When perſecution was hot, ſome that would not offer Incenſe at Idols Altars, nor renounce Chriſt, yet to ſave their lives did, through fear, in ſecret, hire another to ſubſcribe their names to a ſinful profeſſion; and theſe were called Libellatic…; and it troubled the Churches whether, and when they ſhould be received to communion upon their repentance..
WHen we were met together, moſt beloved Brethren, we read your Letters, which for (or …) the integrity of your faith, and the fear of God you wrote to us by our Biſhops, Falix and Sabin…s, ſignifying that Baſilides and Martial being blotted (or d…fil…a) with Libels of Idolatry, and guilty of heinous crimes, ought not to exerciſe the Office of Biſhops, and adminiſter the Prieſthood of God: And you deſired us to write back to you hereof, and that your neceſſary ſollicitude might be eaſed either by the comfort, or the help of our judgment or ſentence. But to this your deſire, not ſo much our Connſels as Gods Precepts give an anſwer, in (or by) which it is long ago (or already) by the heavenly voice commanded, and By the Law of God preſcribed, who, and what ſort of men muſt ſerve at the Altar, and celebrate the Divine Sacrifices. For in Exodus God ſpeaketh to Moſes, and warneth him, ſaying, Let the Prieſts who draw neer to the Lord God be ſanctified, leſt God forſake them; and when they come neer to miniſter at the Altar of the Holy, let them not bring themſelves into ſin, leſt they die. And in Leviticus God commandeth and ſaith, Let not the man that hath a blemiſh or vice draw neer to offer gifts to God. 2. Which things being already ſpoken and manifeſt to us, it is neceſſary that our obedience attend to God's commands: Neither may mans indulgence accept the perſon, or grant any thing to any one in ſuch things where God's preſcription, intercedeth and giveth a Law. For we muſt not forget what God by the Propet Eſaias ſaith to the Jews, reproving them, and angry with them, that contemning the commands of God, they followed the doctrines of men. This people, ſaith he, honoureth me with their lips, but their heart is far ſeparated from me; and in vain do they worſhip me, teaching the commands and doctrines of men: which the Lord alſo in the Goſpel repeateth and ſaith, Ye reject the command of God, that you may eſtabliſh your own tradition. Having theſe things before our eyes, and carefully and religiouſly conſidering them, in the Ordinations of Prieſts, we ought to chuſe no Biſhops but men unſpotted and entire, who holily and worthily offering the Sacriſices to God, may be heard in the prayers which they make for the ſafety of the people of God; ſeeing it is written, that God heareth not a ſinner, but if any man worſhip God, and do his will, him he heareth. 3. For which reaſon with full diligence, and ſincere tryal, thoſe men muſt be choſen to the Prieſthood, whom it is manifeſt God doth hear. And let not the Lay people ſlatter themſelves, as if they could be free from the Couragion of the crime, when they communicate with a ſinful Prieſt, and give their conſent to the unjuſt and unlawful Epiſcopacy of their Governour, ſeeing by the Prophet Hoſ… God's cenſure threatneth, and ſaith, Their Sacrifices are as the bread of ſorrow; all that eat of it ſhall be defiled… Teaching and ſhewing that all they do ſin who are defiled by the ſacrifice of a prophene and unjuſt Prieſt; which we find alſo manifeſted in Numbers, where Corah, Dathan and Abiram challenged to themſelves againſt Aaron the licenſe of ſacrificing. The Lord there by Moſes commandeth that the people be ſeparated from them, leſt being joyning to the offenders, they be guilty of their crimes. Be ſeparated, ſaith he, from the Tents of thoſe obdurate men, and touch nothing which is theirs, leſt ve periſh with them in their ſins. 4. Wherefore the Lay people, obeying the Lords commands, and fearing God, muſt ſeparate themſelves (a peccatore praepoſito) from a ſinful Prelate (or Paſtor) and muſt not mix themſelves at the ſacrifices of a ſacrilegious Prieſt; becauſe they chiefly have the power either to chuſe Prieſts that are worthy, or to refuſe thoſe that are unworthy: Which very thing, we ſee, deſcendeth from Divine Authority, that the Prieſt, the Laypeople being preſent, be choſen under the Eyes of All, and by the publick judgment and teſtimony be approved worthy and meet: As in Numbers the Lord commanded Moſes ſaying, Take Aaron thy Brother, and Eleazer his Son, and ſet them before all the Congregation on the Mount, and take off Aarons ſtole, and put it on Eleazer his Son, and let Aaron die there. God commandeth that the Prieſt be made before all the Congregation; that is, he inſtructeth us, and ſheweth that the Prieſtly Ordinations ſhould not be done, but under the conſcience of the aſſiſting people, that the Lay-people being preſent, either the crimes of bad men may be detected, or the deſerts of good men predicated; that ſo that Ordination may be juſt and legitimate, which hath been examined by the judgment and ſuffrage of All. 5. Which thing is after obſerved according to the Divine Magiſteries in the Acts of the Apoſtles, when Peter ſpake to the Lay-people about Ordaining a Biſhop in the place of Judas, Peter, ſaith the Text, ſtood up in the midſt of the Diſciples, for the multitude was together in one. And it was not only in the Ordinations of Biſhops and Prieſts, but of Deacons alſo, that we note the Apoſtles to have obſerved this. Of which alſo in their Acts it is written, and the twelve, ſaith tbe Text, called together the whole Laity of the Diſciples, and ſaid to them. And the whole buſineſs is managed thus diligently and cautelouſly, the whole Laity being convocate, leſt any unworthy perſon ſhould creep into the Miniſtry of the Altar, or the place of Prieſthood. For God himſelf manifeſteth by the Prophet O ſee, ſaying, They have made themſelves a King, but not by me; that unworthy men are ſometimes ordained by mans preſumption, and that theſe things are diſpleaſing to God, which come not of a legitimate and juſt Ordination. 6. For which cauſe it is diligently to be obſerved and held as of Divine Tradition, and Apoſtolical Obſervation, which is held alſo with us, and in a manner (or almoſt) through all the Provinces, that to the right celebrating of Ordinations, all the next Biſhops of the Province come together to the Lay-people to whom the Biſhop (praepoſitus) is ordained, and that a Biſhop be made, the Lay-people being preſent, who moſt fully know every mans life, and diſcern every mans acting by his converſation; which we ſee done alſo with your ſelves in the Ordination of our Colleague Sabinus, that by the ſuffrage of the whole fraternity, and by the judgment of the Biſhops, who at the preſent met, and who wrote Letters of it to you, the Epiſcopacy ſhould be delivered to him, and hands ſhould be laid on him inſtead of Baſilides. Nor can it reſcind the Ordination which was rightly perfected, that Baſilides, after his crimes detected, and his conſcience laid bare by his own confeſſion, going to Rome, deceived our Colleague Stephen, who lived far off, and was ignorant of the matter of fact, and of the ſilenced truth, that he might compaſs to be unjuſtly replaced in his Biſhoprick, from which he had been juſtly depoſed. 7. The effect of this is, that the offences of Baſilides are not ſo much aboliſhed, as cumulate, that to his former ſins, the crime of deceit and circumvention is added. For he is not ſo much to be blamed, that was negligently deceived, as he to be execrated that fraudulently deceived him. But if Baſilides can deceive men, he cannot deceive God. For it is written, God is not mocked. Nor will fallacy profit Martial to keep him who is involved in great offences, from a rightful loſing of his Biſhoprick. Seeing the Apoſtle warneth us, and ſaith, A Biſhop muſt be without crime as the Steward of God: Wherefore, ſeeing (as you wrote, beloved brethren, and as Faelix and Sabinus our Colleagues aſſevere, and as another Faelix of Caeſar Auguſta, an honourer of the Faith, and a defender of the Truth, ſignifieth by his Letters) Baſilides and Martial are contaminated by a wicked Libel of Idolatry. And Baſilides, beſides the blot of this Libel, when he lay ſick blaſphemed God, and confeſſed that he blaſphemed, and becauſe of the wound of his conſcience voluntarily depoſing his Epiſcopacy, turned himſelf to a repentence, begging pardon of God, and being ſatisfied, if he might but communicate as a Lay man. And Martial, beſides the filthy and dirty feaſts of the Gentiles, and the oft frequenting of their Colledges, and the depoſing his Sons in the ſame Colledge after the manner of the exterior Nations, in prophane Sepulchres, and burying them with aliens, did alſo by publick acts with the Ducenary Procurator, teſtifie that he obeyed Idolatry: And ſeeing there are many other and great offences in which Baſilides and Martial are held guilty; in vain do ſuch men endeavour to uſurp to themſelves the Office of Biſhops, when it is manifeſt that ſuch kind of men may neither be Guides of the Church of Chriſt, nor ought to offer Sacrifices to God: Eſpecially when Cornelius alſo our Colleague, a pacifick and juſt Prieſt, and honoured by God's vouchſafement with Martyrdom, did with us, and all the Biſhops ſettled in the whole world, decree, that ſuch men be not admitted to Repentance, but that they be prohibited from Clergy Ordination, and Prieſtly honour. 8. And let not this move you, moſt beloved Brethren, if with ſome in the laſt times, their ſlippery Faith do nod, and their irreligious fear of God do ſhake, or paciſick Concord perſevere not: It was foretold that theſe things would be towards the end of the world; and by the joyntwitneſs of the Apoſtles it was foretold, that the world declining, and Antichriſt drawing near, all good things would fail (or decay) and evil and adverſe things increaſe (or proſper.) And yet, though it be in the laſt times, neither is Evangelical vigor ſo fallen in the Church of God, or doth the ſtrength of Chriſtian Virtue or Faith ſo languiſh, but that there remaineth a portion of Prieſts, which yields not to theſe ruines of things, and ſhipwrack of Faith, but as ſtrong and ſtable do with obſervation of fear maintain the honour of the Divine Majeſty, and the Prieſtly dignity. We remember and hold, that when the reſt did yield and fall, Mathatias did valiantly defend the Law of God: And that when the Jews failed and departed from Divine Religion, Elias ſtood and ſtrove ſublimely: That Daniel, neither deterred by the ſolitude of a ſtrange Country, nor by the infeſtation of daily perſecution, did frequently and valiantly give glorious teſtimonies (or Martyrdoms) and that the three young men, neither broken with years, nor threats, did faithfully ſtand out againſt the Babylonian fires, and even in their captivity conquered the conquering King. 9. The number (or party) of prevaricators or trayors that now riſe up in the Church againſt the Church, and have begun to ſpoil both Faith and Verity, ſhall ſee it; that yet with the moſt there remaineth a ſincere mind, and entire Religion, a ſoul devoted to none but their Lord and God; and that other mens perfidiouſneſs doth not depreſs the Chriſtian Faith to ruine, but doth more excite it, and exalt it unto glory. Even as the bleſſed Apoſtle Paul exhorteth and ſaith, What if ſome of them have fallen from Faith? ſhall their unbelief make void the ſaith of God? God is true, and every man a lyar: And if every man be a lyar, and God only be true, what elſe ſhould we, Gods ſevants, do, and ſpecially his Prieſts, but relinquiſh the errours and lies of men, and keeping the Lords commands, remain in the truth of God? 10. Therefore, moſt beloved brethren, though there have been ſome of our Colleagues, who think that the Divine Diſcipline ſhould be neglected, and do raſhly communicate with Baſilides and Martial, that ought not to trouble our Faith, ſeeing the Holy Ghoſt in the Pſalms doth threaten ſuch, ſaying, Thou hatedſt Diſcipline, and haſt caſt my words behind thee: If thou ſaweſt a Thief, thou concurredſt with him, and didſt place thy portion with Adulterers. It ſheweth that they are made Conſorts and partakers of other mens ſins, who have been coupled with the ſinners. And Paul the Apoſtle writeth the ſame thing, and ſaith [Whiſperers, detractors, haters of God, injurious, proud, boaſters of themſelves, inventers of evil things; who when they knew the judgment of God, they underſtood not that they that do ſuch things are worthy of death; not only they that do them, but they that conſent to them that do them. He ſaith, that They that do ſuch things are worthy of death. He manifeſteth and averreth that not only they are worthy of death, and come to puniſhment who do the evils, but they alſo who conſent to them that do ſuch things, who while by unlawful communication they are mingled with bad men, and ſinners, and impenitent perſons, they are polluted by the contact of the guilty; and while they are joyned in the fault, they are not ſeparated in the puniſhment. Wherefore, moſt beloved brethren, we both praiſe and approve the religious care of our integrity and faith; and as far as we are able by our Letters, exhort you, that you do not by ſacrilegious communion mingle your ſelves with prophane and blotted Prieſts (or Biſhops;) but in religious fear do keep entire and ſincere the firmneſs of your Faith. I wiſh, moſt dear Brethren, your continual welfare.
II. A Letter of the famouſly Learned and Holy Robert Groſthead, Biſhop of Lincoln, to Pope Innocent the fourth, and his Cardinals, containing the reaſons of his Nonconformity to their Commands; Tranſlated out of Matth. Paris, An. 1253. pag. 871, 872.
SAith M. Paris, In theſe daies when the Lord Pope Innocent the 4th. had ſignified by his Apoſtolick Writings, commanding the Biſhop of Lincoln that he ſhould do ſomewhat which he took to be unjuſt, and diſſonant to reaſon, as he frequently did to him and other Engliſh▪ Prelates; he wrote back to him in theſe words [Be it known to your diſcretion, that I devoutly and reverently, with filial affection, obey the Apoſtolical Precepts: And being zealous of the paternal honour, I am againſt and reſiſt the things which are againſt the Apoſtolical mandates For I am bound to both by Gods Commands: For the Apoſtolick mandates, neither are, nor can be any other, than conſonant and conform to the Apoſtles Doctrine, and to the Doctrine of our Lord Jeſus Chriſt himſelf, the Maſter and Lord of the Apoſtles, whoſe type and perſon the Lord Pope chiefly beareth in the Hierarchy of the Church *It muſt be known that this Biſhop lived in the depth of Popery, and acknowledgeth the Popes Power, as men do now the Biſhops.. For our Lord Jeſus Chriſt himſelf ſaith, He that is not with me, is againſt me. But the moſt Divine Sanctity of the Apoſtolical Seat, is not, nor cannot poſſibly be againſt him (Jeſus Chriſt) Therefore the tenor of the foreſaid Letter is not conſonant to the Apoſtolick Sanctity; but very much abſonant and diſcordant: Firſt, becauſe of the ſuper acoumulated Non obſtante of that Letter, and ſuch like, that are diſperſed far and wide, not brought in by any neceſſity of obſerving the Law of Nature; whence a deluge of inconſtancy, audaciouſneſs, and procacity, immodeſty, lying, deceiving, hardly believing or truſting any doth ariſe: And from theſe a deluge of innumerable vices, moving and troubling the purity of the Ghriſtian Religion, and the tranquility of ſocial humane converſation.
Moreover, next after the ſin of Lucifer, which in the later times will be alſo the ſin of Antichriſt the Son of perdition, which the Lord will deſtroy with the ſpirit of his mouth, there neither is, nor can be any other kind of ſin ſo adverſe and contrary to the Apoſtles and the Evangelical Doctrine, and ſo hateful, deteſtable and abominable to our Lord Jeſus Chriſt himſelf, as to kill and deſtroy ſouls by defrauding them of the care of the Paſtoral Office and Miniſtry: Which ſin they are by moſt evident teſtimonies of Sacred Scripture known to commit, who being placed in the power of Paſtoral Care, do get the ſalary of the Paſtoral Office and Miniſtry, from the milk and fleece of the ſheep of Chriſt, who are to be made alive and ſaved, but adminiſter not their dues. For the very not adminiſtring of the Paſtoral Miniſteries, is, by the Scripture Teſtimony, the killing and deſtroying of the Sheep. And that theſe two ſorts of ſins (though with diſparity) are the worſt, and ineſtimably ſuperexceeding every other ſort of ſin, is manifeſt by this, in that they are (though with diſparity and diſſimilitude) directly contrary to the two ſaid exiſtent things that are beſt: For that is the worſt thing that is contrary to the beſt: And as much as lieth in the ſaid ſinners. One of theſe ſins is the deſtruction of the very Deity, which is ſupereſſentially, and ſupernaturally Beſt; the other is the deſtroying of the Deiformity and Deification, which is Beſt Eſſentially and Naturally by the gracious participations of the beams of the Deity. And becauſe, as in good things, the Cauſe of good is better than its Eflect; ſo alſo in evils, the Cauſe of evil is worſe than its Effect. And it is manifeſt that the Introducers of ſuch moſt evil Murderers of this Deiformity and Deification in the Sheep of Chriſt, in the Church of God, are worſe than theſe moſt evil Murderers themſelves, and neereſt to Lucifer and Antichriſt; and in this pejority they are gradually the worſt, by how much they ſuperexcel, ſw…o were more obliged to exclude and extirpate ſuch deſtroyers from the Church of God, by the greater and diviner power, given them by God for Edification, and not for Deſtruction. It cannot be therefore that a moſt holy Apoſtolick Seat (to which by our moſt holy Lord Jeſus Chriſt, all power is given, as the Apoſtle witneſſeth, for Edification, and not for Deſtruction) ſhould ever command, bid, or any way endeavour any ſuch thing, or any thing verging towards ſuch a ſin, ſo odious, deteſtable and abominable to our Lord Jeſus Chriſt, and ſo utterly pernieious to mankind. For this were either a defection, or a corruption, or an abuſe of his evidently moſt holy and full power, or an utter elongation from the Throne of the Glory of our Lord Jeſus Chriſt, and the neareſt coaſſeſſion in the Chair of Pestilence, to the two foreſaid Princes of darkneſs, and of the pains of Hell. No one that in immaculate and ſincere obedience is ſubject and faithful to the ſame Seat, and not by Schiſm cut off from the Body of Chriſt, and the ſame holy Seat, can obey (ſuch) Mandates or Precepts, or any endeavours whatever, whenceſoever they flow, though it were from the Supream Order of Angels *Or Anglorum, for its a various Lection., but muſt neceſſarily with his whole power contradict them and rebel: Wherefore, Reverend Lords, from the duty of obedience and ſidelity, which I owe to the Parent of the holy Apoſtolical Seat, and out of the Love of Union in the Body of Chriſt with it, I do alone (unice) filially and obediently diſobey, contradict and rebel againſt the things contained in the foreſaid Letter, and eſpecially as is before touched, they most evidently verge towards the ſin which is moſt abominable to our Lord Jeſus Chriſt, and moſt pernicious to mankind, and are altogether adverſe to the ſanctity of the Apoſtolical Seat, and are contrary to the Catholick Faith. Nor may your diſcretion therefore determine any thing hard againſt me, becauſe all my contradiction and action in this Cauſe is not indeed contradiction or rebellion, but a filial honouring of Gods command due to a Father, and of you. Briefly recollecting all; I ſay, that the holineſs of the Apoſtolick Seat can do (or hath power to do) nothing but that which tendeth to edification, and not to deſtruction *But a Papiſt will ſay, who ſhall be Judge? As if all men were not to be diſcerning Judges of truth & duty.: For this is the plenitude of power, to have power, to do all to Edification. But theſe that they call [Proviſions] are not for Edification, but for moſt manifeſt Deſtruction: Therefore the Apoſtolick Seat cannot accept them, becauſe fleſh and blood, which ſhall not poſſeſs the Kingdom of God, hath revealed them, a … not the Father of our Lord Jeſus Christ, who is in Heaven.
III. Biſhop Sanderſon in his Oxford Praelections de Juramento, ſaith, as followeth, (The Reader is deſired to ſee his whole words, that he ſay not they are mangled, or any thing omitted which he would have had put in; and to conſider how far the caſe of Oaths, and Covenants, Promiſes or Profeſſions is the ſame.)
PAge 30, 31. 1. Simplicity above all things beſeeineth an Oath: That is, The nature and obligation of an Oath is ſuch, that whoever ſhall bind himſelf by ſo ſacred a bond to do any thing, he may be altogether held by the Religion of an Oath, and ſeriouſly from his heart intend, and as much as in him lyeth, diligently endeavour faithfully to do all that which he hath promiſed to do, without all craft, fraud, or ill deceit or diſſimulation. (See the reſt there)
Page 32, 33, 34. Contrary to this ſimplicity of an Oath, are two ſorts of ſimulation; one as to the foregoing part, which is either antecedent or concomitant with the act of ſwearing: of which, though the former be the worſer, yet neither of them is free from perjury. David ſeemeth to comprehend both in Pſal. 15. and 24. [He that ſweareth not deceitfully, that is, with a mind to deceive—And He that ſweareth to his own hurt, and changeth not] that is, who when he hath bound himſelf by an Oath, will rather, even to his own great loſs, perform that which he incommodiouſly ſwore, than for any temporal commodity violate his faith.—Theſe things the greater part of men now in being, ſeem to me not to think of, or not ſeriouſly; who fear not to ſwear without any ambage prolixly, and in the very words, whatſoever is propoſed to them, by ſuch as have power to do them hurt: Yea and think themſelves the only wiſe men, and diſdainfully deride their ſimplicity and vain fear, who, leſt they hurt their conſciences, forſooth, do ſeek a knot in a ruſh, and vex (or ſollicit) the forms preſcribed by ſuch as can proſcribe them: And they ſecurely free themſelves from all crime and fear of Perjury, and think they have well cared for themſelves and their conſciences, if when they ſwear, like the Jeſuits, they can but any how defend themſelves, by tacite equivocations, or mental reſervations, or ſubtle forced interpretations, and quite allen from the words: Or elſe after they have ſworn, can find out ſome artificial evaſion, as a hole to get out by, as the foreign, by which ſo to defraud the Oath, that taking the words, yet the ſenſe may be eluded by ſome Sophiſm, and all the force of it wholly be enervated. The old Chriſtians received not this Theology: The ſounder Heathens received not this Moral Philoſophy: Much otherwiſe out of them, ſaith Auguſtine [They are perjured who keeping the words; deceive the expectation of them that they ſwear to] And otherwiſe, ſaith Cicero, [That is to be kept which is ſo ſworn as the mind of the Impoſen conceived it ſhould be done.] Read the proofs, p. 34, &c. 1. From many Texts of Scripture: 2. From God's own example: 3. From the nature of Truth: 4. From the end of an Oath, p. 38. which is the confirmation of a doubtful matter; that is, that of things otherwiſe uncertain and depending on humane credit, there ſhould be had ſuch certainty as humane affairs require. For an Oath was inſtituted by God, by force of the Light of Natue, for a remedy of humane defects about Truth; that among mortals it ſhould be Truths laſt garriſon, as oft as all other kinds of proof do fail. But this end would be wholly overthrown, and there could be no certain credit among men, if it were free for the ſwearer, at his own arbiterment, what he ſpeaketh in words to cauſe belief, by ſome tacite ambiguity in ſwearing, or after he hath ſworn, by finding out ſome new, and as it were, poſthumous comment ſo to diſable it, as that it ſhall loſe all its force, and be utterly ineffectual. If either of theſe were lawful an Oath ſhould not be the end of ſtrife, but the beginning, and ſhould rather give occaſion for new contradictions and ſtrifes, than end the old ones. Open but this window once, and then what can be thought of ſo falſe, for the defence whereof ſome eff…ge or lurking-hole may not he deviſed, whereby it may be freed from being a lie. In the mean time, what perverſeneſs, is it that That ſhould by diſhoneſt men be turned into an inſtrument of deceiving, which was inſtituted by the moſt wiſe God to be a help to credit (or mens belief of one another?) Verily, unleſs one will rather uſe God's ſacred inſtitution to another purpoſe, than that to which it was inſtituted (which a godly man will not eaſily do) that which is the end of an Oath, the ſame ought to be the end of the ſwearer: And that is, ſo to make the hearer to believe, that he may become more certain and ſecure of the Truth of that which before was doubtful. But he that diſſembleth, ſtudieth to breed a falſe belief in the hearers, and ſo doth not only ſuffer another to be deceived (which yet is contrary to Charity when he may and ought to hinder it;) but alſo intendeth to deceive; which is not only againſt all Juſtice and Honeſty, but it is alſo conjoyned with the greateſt wrong to God, and contempt of his name. And verily to me ſcarce any other ſort of Perjury doth more diametrically ſeem to be againſt either the ſcope of the third Commandment, or the very words (of not taking the name of God in vain) than that which ariſeth from this diſſimulation. For as the word Vanity doth properly and adequately comprehend all that which is any way falſe; ſo in a certain peculiar ſort, and moſt properly, that which is ſo falſe as yet to bear a ſhew of Truth. (See the reſt.)
The ſecond which pertaineth to the interpretation of an Oath, is this, The Obligation of an Oath is of ſtrict right—That is of ſo juſt an interpretation of right, that the words of the Law may not be drawn further than is meet for the ſake or favour of any party; nor conſtrained to ſerve any mans fact or commodity. In a word, ſtrict Right, is not here taken ſo as to exclude an interpretation tempered with equity, but to exclude an interpretation of Law (or right) corrupted by favour (or for any ones ſake)—The extreams are A Rigid interpretation, and A Favourable—A Juſt interpretation is the mean between both, which ſearcheth after the true and genuine ſenſe of the Law, without reſpect at all to perſons, out of natural equity and juſtice, and from the words themſelves, as they agree with equity and juſtice. And if this may be plainly made out in the words themſelves, that it is in every caſe ſimply to be retained.—See the reſt.
P. 45. When I ſay that an Oath is of ſtrict right, it is ſo to be underſtood, that the meaning of the Oath, which is plain enough in the words, is alwaies to be held. But where the ſenſe is doubtful, every one muſt take great heed, leſt we too much indulge our ſelves, and our own affections; and leſt we grant our ſelves too liberal and lax a licenſe of interpreting, that we may the eaſilier get our ſelves out of the bond of the Oath which we are tyed by; and leſt we faſten (or ſeign) any ſenſe on the Oath taken, or on any part of it, for our own commodity or profits ſake, which any other pious and prudent man, of a freer judgment as not intereſſed in the cauſe, would not eaſily draw from the very words themſelves.
The Reaſon is twofold; one in reſpect to others, for fear of ſcandal, leſt any that is weak, drawn by our example, think he may do that which he ſeeth us do, though unacquainted with thoſe ſubtitues, by which only we uſe to defend our ſelves from the crime of Perjury. The other in reſpect of our ſelves, for ſear of perjury; which moſt grievous crime undoubtedly we commit, if that more benig… interpretation chance to deceive us, which made us bold to take the Oath. This reaſon reſteth on that general, and moſt profitable rule, which bids us [in doubtful caſes take the ſafe… ſide:] But it is the ſafer not to ſwear, when the words of the propoſed Oath, according to the common and obvious ſenſe of the words, ſeem to contain ſomewhat unlawful in them; rather than by a Lax Interpretation ſo to ſoften them for our own uſe▪ that we may the more ſecurely ſwear them: Seeing we know that ſuch an Oath may be refuſed without danger of perjury, but we know not that it can be taken without danger or fear of it.
P. 46, 47, 197. Yet we muſt take heed that this ſtrict interpretation turn not into a Rigid one—of common right theſe exceptions and conditions (of promiſſory Oaths) are ever underſtood: [1. If God permit: 2. Saving the Right of others. And, as far as is lawful; ſaving the Right of Superiours: 3. Things ſtanding as they do, or in the ſame ſtate: As far as I am able, &c.]
P. 49. But if any admit more dubious exceptions▪ he boldly and raſhly removeth God's boundaries of an Oath, and openeth a wide door to all kind of Perjury.
P. 193: The third Caſe is, when one impoſeth an Oath of an ambiguous ſenſe, only requiring that thoſe words be ſworn, permitting the ſwearer to underſtand the words in what ſenſe he will: I ſay, it muſt deſervedly be ſuſpected that an Oath offered on ſuch a condition hath ſome latent ill deceit, and therefore is to be refuſed by a pious and prudent man; & to me ſeemeth to be diſallowed, for three cauſes: 1. In reſpect to the Oath it ſelf, in which Truth is firſt required: But a ſpeech of indefinite and ambiguous ſenſe before diſtinction made, is no true propoſition; yea, no propoſition at all; when a propoſition, as Boys know, ſhould ſignifie truth or falſhood without ambiguity. 2. In reſpect of him to whom we ſwear: For the proper end of an Oath is, that he to whom it is made have ſome certainty of a thing before uncertain. 3. In reſpect to the ſwearer himſelf, who if he take an Oath in ſuch condition, prepareth either a ſcandal for his neighbour, or a ſnare for himſelf. For ſuch colluſion cannot be imagined to look any other way, than either to draw others by our example to take the ſame Oath (though with a reluctant conſcience) which is to ſcandalize our neigbour: or that ſomewhat elſe he after required of us to be done by virtue of that Oath, which is either unlawful, or incommodious; which is to lay a ſnare for our ſelves. Let a wiſe man therefore take heed that he ſuffer not himſelf to be impoſed on by theſe Arts; or leſt he ſo much value the favour or fear of any other man, as to ſwallow the bait when he knoweth that the hook is under it. Verily, that all may be rightly done when you ſwear, it is expedient that all parties be clearly agreed of the ſenſe of the words that are intereſſed in the matter; which by the Antients was called [Liquido jurare]
Scis tamen, & liquido juratus dicere poſſes.
And in the old form, he that impoſed the Oath was wont to ſay to the ſwearer [Qua de ra pe…o liquido jures] (that is, [Of which I require thee to ſwear plainly.]
P. 55, 56▪ The queſtion, Whether this or that Oath be lawful? much differeth from this [Whether this or that Oath bind…] For though it be certain that we ought not to take the Oath, which we know that we ought not to keep; yet it may come to paſs, and often doth, that we ought to perform that which we ought not to have taken Joſhuas Covenant with the Gibeonites, is a moſt clean example of this.—An Oath may be ſaid to be unlawful two waies; either as to the matter ſworn, or as to the Act of ſwearing. An Oath unlawful as to the matter ſworn, bindeth not at all. An Oath unlawful in reſpect to the Act of ſwearing, bindeth, unleſs otherwaies hindered.
P. 74, 75. A thing lawful in it ſelf may be unlawful by accident;—as by the errour of the ſwearer, or the ill effect of the thing ſworn. The third Caſe is, When one promiſeth by an Oath to do ſomewhat perhaps lawful in it ſelf, which yet he thinketh unlawful, or at leaſt ſeareth leſt it be not lawful: As if any one before theſe times, admitted to an Eccleſiaſtical Benefice, had promiſed to obſerve in Publick Worſhip all the Rites commanded by the Eccleſiaſtical Laws, as the Surplice, the ſign of the Croſs at the ſacred Font, kneeling in receiving the Sacrament, and ſuch like, which yet by ſome light prejudice he thought were ſuperſtitious and Popiſh. The queſtion is, What obligation there is in this caſe? I ſay, 1. Such an Oath cannot be taken during ſuch errour, without grievous ſin. For he ſinneth grievouſly that ſinneth againſt his conſcience, though erroneous. For when the Judgment of the Intellect is every ones neareſt Rule of action, the will, if it follow not, that judgment failing from its Rule, muſt needs be carried into ſin. It's a common ſaying, [He that doth againſt his conſcience, buildeth to Hell.] Verily he that ſweareth what he thinketh unlawful, would ſwear if it were indeed unlawful; & that becometh unlawful to him that is lawful to another; as the Apoſtle judgeth, Rom. 14. 14—2. I ſay, ſuch an Oath doth not bind—Becauſe an Oath cannot take away a former obligation, nor induce another obligation contrary to it. But that Oath which is taken againſt the dictate of conſcience, had a former obligation ariſing from that dictate. For the dictate of conſcience, whether right or erroneous, alwaies obligeth, at leaſt not to act againſt it. But a following Oath cannot remove that obligation, but is it ſelf invalid, and loſeth its obliging force. 3. But if the ſwearer after better taught, do ſee and correct his errour, the Oath which bound him not before, beginneth then to bind him:
P. 77. Other Caſes there are of things by Accident unlawful, by reaſon of ill effects of the thing it ſelf; as it may be a hinderer of a greater good, or a cauſe, at leaſt an occaſion of evil.—The fourth Caſe is, when the thing ſworn ſeemeth unlawful, as hindering the effect of ſome antecedent good, as of a Vow or Promiſe made before: As if one that had before-hand bound himſelf to ſome work of Piety or Charity, after take an Oath that hindereth the fulfilling of the former Vow. As if one that vowed to give half his gain weekly to the poor, ſhall after ſwear to give it all to the war:—This caſe hath no difficulty; I plainly anſwer,—ſuch an Oath is neither lawful nor obligatory, becauſe that the former obligation, whenceſoever contracted, whether by Covenant or by Vow, or by bare Promiſe, or by meer Office (or Duty) remaineth valid, and puts a bar to every following contrary act.—
(Read, Prael. 4. § 11, 12, 13, 14, 15. what he ſaith for the obligation, 1. Of ſpontaneous Oaths; 2. Of Oaths cauſed by fraud; 3. Or by fear extorted; 4. Even of Oaths to Robbers.)
P. 110. 3. He that taketh an Oath impoſed by one that had no juſt authority, but not otherwiſe vicious, is bound to perform what he ſwore.
(Read p. 175, &c. what he ſaith at large againſt equivocation, ſtretching reſervations, as opening the door to all lying and perjury, and fruſtrating the end, of Oaths.)
P. 195. Of the latitude and extent of an Oath, How far the ſenſo is to be meaſured by the ſcope *As of Aſſent and Conſent to the Uſe of the Liturgy, &c.As when the Cauſe of the Oath was particular, but the words are general, e. g. The Popes Uſurpation was the Cauſe of the Oath of the Kings Supremacy;—But the words of the Oath ſo aſſert the Kings Supremacy, as exclude all others as well as the Pope, from exerciſing ſupreme Power in this Kingdom: Anſw. Such an Oath obligeth as to the words themſelves in their utmoſt latitude: The Reaſon is, becauſe the intention of the Law, though made on a particular occaſion, is general, to hinder all incommodities of the ſame kind for the future.—As Lawyers fetch not the ſenſe of Laws from the Proem, but from the body of the Statute, ſo we muſt judge of the juſt interpretation of an Oath, not by the promiſed recognition, or other preface, but by the body of the Oath it ſelf.
P. 208. He is alwaies perjured that intendeth not what he promiſed: but he is not alwaies perjured that performeth not what he promiſed. (The bond being diſſolved.)
P. 227. Vows made to God, as a party, cannot be relaxed by man (though men may give away their own.)
If you ſwear for the ſake of another, as to his honour, obedience, profit, or other good, the Oath bindeth not, unleſs he for whom you ſwear, take it as acceptable and firm.
P. 242. Concl. 4. It is a grievous ſin to impoſe an Oath unduly, on another. As 1. An Oath not ſtabliſhed by Law or Cuſtom, &c. 2. An Oath that is repugnant, or in the ſenſe that the words hold forth in the common uſe of ſpeaking, ſeemeth repugnant to any Oath by him formerly lawfully taken. 3. They that conſtrain men to ſwear to a thing unlawful, as againſt our duty to God, or our Superiours, or the Laws of the Kingdom, or againſt good manners, or that which is otherwiſe diſhoneſt, and may not be kept. 4. He who impoſeth an Oath of ambiguous ſenſe, or any way captious; to enſnare the conſcience, life, liberty or fortune of his neighbour. 5. He that without neceſſity, by fear compelleth, or by Authority impelleth, or by counſel, example, fraud, or other artifice or reaſon induceth another to ſwear, who he knoweth will ſwear againſt the judgment of his conſcience. I would all men in great power would remember how filthy a character Jeroboam branded his own conſcience, fame and name with, that made Iſrael to ſin: and how greatly they provoke God's great wrath againſt themſelves, that abuſe their power to other mens ruine, which God gave them for edification, and not for deſtruction.
P. 243. Concl. 5. An offered Oath is not to be taken with a reluctant or doubting conſcience: 1. Becauſe what is not of faith is ſin. 2. Becauſe we muſt ſwear in judgment, which he doth not that ſweareth againſt his conſciences Judgment. 3. Becauſe this is done for ſome temporal commodity, or to avoid ſome loſs, or obtain ſome gain, or to get ſome mans favour, or ſuch like: But how unworthy of a Chriſtian is it, to ſet God behind the World, Heaven behind Earth, the Soul behind the Body, eternal joy behind temporal gain, the hope of the life to come behind preſent eaſe, inward peace behind outward! 4. Becauſe he that ſo ſweareth evidently expoſeth himſelf to the danger of Perjury (a moſt heinous ſin.) For he that for hope or fear of any temporal commodity or diſcommodity can be induced to ſwear that which he ought not, it is ſcarce credible but he may by the like hope or fear be drawn from doing what he ſwore. And PERJURY was by the very heathens accounted one of thoſe moſt heinous ſins, which they believed would bring the wrath of the Gods not only on the guilty, but on their poſterity, yea on whole nations, much more is it to be feared of us, who worſhip that one true God, who hath ſolemnly profeſſed that he will not hold him guiltleſs that taketh his name in vain. Leſt, while which way ever we look we ſee ſuch a great and luxuriant crop of Oaths and Perjury even already white to the Harveſt, God the moſt righteous judge ſhould quickly put in the ſickle, utterly to cut down ſo perfidious and profane a nation. We have long felt that our moſt merciful Father is angry, and that the infinite patience of God is turned into fury, being infinitely wronged, and (if I may ſo ſay) overcome. It is not eaſy to ſay, for which ſins this chiefly is, when all ſins are very great. But verily he that will ſeriouſly think, ſince God hath begun to ſcourge us by a neerer rod, how we have not grieved for theſe grievous ſins of ſwearing and perjury, yea how greatly on one ſide is increaſed, the unbridled and unpuniſhed licence of ſwearing and blaſpheming, and on the other ſide the ſoul hypocriſie of forſwearing on pretence of religion; it can ſcarce be, but that of Jeremy will come into his mind, Becauſe of Oaths the land mourneth. Theſe things being to neer, Fathers and Brethren, we that are here and all others that wiſh well to the publick peace of the Kingdom and Church and the private peace of their own hearts and conſciences, muſt be intreated that they firſt carefully beware of the name of God, and the crime of violated fidelity, and wholly avoid unneceſſary Oaths, and conſtantly refuſe thoſe that are unduely impoſed (or offered) by others; and fulfill thoſe faithfully that are duly and rightly taken by our ſelves; and then that as much as we are able, we ſtrenuouſly reſtrain the liberty of ſinning in others; and that we pray to our moſt Good and Great God continually that, being taught by his ſcourge, and admoniſhed, and humbled under his mighty hand, we fly to his mercy, acknowledge his juſtice, implore his grace, for the pardon of our ſins, the amendment of our lives, and the ſafety of our ſouls, by and for the merits of our Lord Jeſus Chriſt: To whom with the Father, and the Spirit, the Three one-Omnipotent God be Kingdom, Power, and Glory for ever. Amen.
It's like Dr. Sanderſon had ſome ſpecial eye to the Scots Covenant; but doubtleſs he made not any new or ſingular Doctrine for that end, which will not hold true in all caſes by him deſcribed.
Mr. Rich. Hollingworth in a late Plea for the Church of England, vehemently urging the execution of the Laws againſt Nonconformiſts, ſaith Page 71. [1. Thereby (by Perjury) the conſcience of the Miniſter is debauched, and he thereby made very unfit to give thoſe inſtructions, and wholſom counſel to the people that otherwiſe he might do: For all wilful ſins, eſpecially ſuch a Notorious one as Perjury, hardens a mans mind, and diveſts him, till repented of, of all the neceſſary and uſeful influences and aſſiſtances of Gods good ſpirit, and maketh him careleſs, as of his own, ſo of the ſouls of others: And a man ſo eaſily enſnared by ſuch a ſin, is eaſily induced by any temptation to a neglect of thoſe duties which his Office calls for, and a remiſs performance of thoſe Ordinances which were deſigned and commanded on purpoſe to reform and inſtruct the people.
And page 73. [They muſt be accountable at the laſt day, not only for their own ſin, but for that very ſin of Perjury, which the vicious Prieſt is guilty of: For he that inviteth a man to a ſin, is reckoned as if he had committed the ſin himſelf.]
What then would become of me, if I undertook to juſtifie the Perjury of multitudes?—yea, if alſo I did by Preſs and Preaching, earneſtly preſs Magiſtrates to execute the Laws upon many hundreds of Chriſts Miniſters, becauſe they dare not venture on that which they fear (on ſuch reaſons as are here rendred) to be a participation of many thouſand Perjuries, nor on the heinous ſacriledge of deſerting their ſacred function, and encouraging neer two thouſand ſilenced Miniſters to do the like by my example, beſides many other feared ſins. If I were the man that for this did plead and beg that they might be laid in Gaols with rogues, and pay fourty pound a ſermon and be baniſhed five miles from all Corporations &c. and all this as neceſſary to the Church and as for God, fathering it all on him who is the God of Truth and Love; and pretending that there is no need of their Miniſtry, becauſe that I and ſuch as I, do better perform all that office againſt ignorance, ungodlineſs and popery without them, &c. How could I expect regard when I preached againſt the ſins of others? Or with what face could I do it? When my ſin ſhall be opened to me, muſt I not with Origen after his fall, inſtead of preaching, ſhut the book, and weep, remembring Pſal. 50. 16, 17. and the dreadful third Commandment; and tremble when I thought of death and judgment? For a Judas in Chriſts family ſinneth at a dearer rate than ſtrangers, and will quickly find his gain too hot to hold, and thoſe that hired him to be woful Comforters, who will turn him off with a [ſee thou to that.]
Obj. Fewer words might ſerve.
Anſ. Nondum ſatis dicitur, dum non ſatis diſcitur.
Nec paucis dicendum eſt, quod paucis non diſcendum eſt.
[While I long wondered that I could not ſee what ſatisfied both all the Learned Convocation, and the Parliament, for the truth of the Rule in the Liturgy to find out Eaſter-day for ever, which is contrary to our Almanacks, and we muſt all be ſilenced (and ruined for Preaching) unleſs we profeſs that we Aſſent to it, I met with no Conformiſt that gave me any other ſatisfaction, than to refer me to Dr. Pells Book: And meeting him happily, I craved his information; and the grave, learned, honeſt Doctor was ſo far from making me a Conformiſt, that he profeſſed the paſſage now is indefenſible.]
I was lately aſſaulted with this, as the ſtrongeſt Argument for Conformity [Deliberate lying is no ſin, but a duty when it doth no harm but a neceſſary good; As by a Phyſician to ſave his patient, or to ſave a mans life much more to ſave ſouls by preaching.
Anſ. This caſe requireth a longer anſwer than I have here room for: Briefly. 1. God beſt knoweth: who is wiſeſt and meeteſt to Govern the world, for the good of all; and he forbids it. 2. This principle believed would make all men untruſty to each other, while every man would think he had reaſon to lie, when his intereſt required it; and untruſtineſs overthroweth all humane polities, ſocieties and converſe, and ſo would do a thouſand fold more harm to Kings, Subjects and all, than the ſaving of a mans life would compenſate. 3. Its hypocriſie to ſin my ſelf that I may preach againſt ſin in others, 4. The Church of God is againſt this doctrine, & fathers; And the beſt caſuiſts have copiouſly confuted it, though ſome Jeſuites are more lax, and uſe to ſerve their intereſt by it.
5. At leaſt, me thinks that where Jeſnites lying is cryed down, men ſhould not judge my fearing a lie, a crime that rendreth me intolerable in the Miniſtry, and my preaching without it to deſerve a Gaol and utter ruine; and the ſame to neer 2000 others; the ſilencing of whom will one day prove no indifferent thing: And they that think it harmleſs publickly, Miniſterially upon deliberation to profeſs a falſhood, may ſhortly think it a duty to ſwear it: But I believe that God will not hold that perſon, Church or Kingdom guiltleſs, which taketh his name in vain: ſee Dr. Hammends Catechiſm on the 3. Commandment.
FINIS.
ERRATA's
Reader,
THE ſmaller literary miſtakes are left to thy own in genuity, the groſſer errours of the Preſs, thou art deſired thus to correct.
Epiſt. p. 5. l. 24. for urge, r. argue, p. 10. for prefixed, r. affixed, p. 12. l. 4. for our, r. one, l. 24. r. A Chriſtiau, p. 32. l. 1. for mollifie, r. nullifie, p. 50. l. 21. r. one will, p. 53. l. 20. r. communion, p. 63. l. 4. r. Pontici, p. 64. l. 31. r. Theodoſius, p. 73. l. 26. for there, r. then, p. 88. l. 20. r. put not, p. 97. l. 25. r. formally, p. 99. l. 15. for an acceptable, r. uncapable, p. 102. l. 8. r. help, p. 119. l. 1. for conſidering, r. concerned in, p. 126. l. 13. r. ſaid they, p. 128. l. 6. for ſuſpenſion, r. ſuſpicion, p. 154: l. 5. for his, r. their, p. 157. l. 13. for any, r. an, p. 159. l. 16. dele that, p. 160. l. 30. r. that THIS is, p. 162. l. 26. r. we must, p. 187. l. 5. r. fame, l. 10. dele more, p. 203. l. 25. r. Hale, p. 205. from we take, and 206, and 207. are all miſplaced, p. 224. l. laſt, for ſwarming, r. ſwearing, p. 229. l. 21. r. 97. p. 238. for FIRE, r. PLAGUE, p. 265. l. 15. r. would not, l. 24. for about, r. above, p. 269. l. 23. for hoc, r. hos, p. 272. l. 2. for that, r. the, l. 3. dele the, p. 286. l. 5. for yet, r. yea, p. 288. l. 28. for aſſureth, r. aſſerteth, p. 161. l. 18. r. plenilunium, p. 248. l. 8. for 1660, r. 1661. p. 289. l. 23. r. domination, p. 298. l. 2. r. Regia, p. 333. l. penult. r. premiſed. Many more are left to the Readers ingenuity.
A Catalogue of Books Printed for, or ſold by Benj. Alſop, at the Angel and Bible over againſt the Stocks-Market.
1. THE Compleat Engliſh Scholar, is Spelling, Reading and Writing; By E. Young, Schoolmaſter of London.
2. Jacobs Ladder: Or The Devout Souls Aſcenſion to Heaven; By Jo▪ Hall, late Biſhop of Norwich.
3. Divine Conſolations againſt the Fear of Death; By John Gerrard, Author of the Meditations.
4. Divine Love: Or The willingneſs of Jeſus Chriſt to ſave ſinners; By V. P.
5. The Nonconformiſts Plea for Peace: Or An Account of their Judgment; By R. Baxter.
6. Melius Inquirendum: Or an Anſwer to the Sober Enquiry.
7. The Ladies Delight.
End of the text · Richard Baxter, The Nonconformists Plea for Peace (1679)