Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed, Part 4 – Part 6
The fourth or laſt part is, Of the penalty of the Oath.
The words of the Canon.
IF any man Beneficed, or dignified in the Church of England, or any other Eccleſiaſticall perſon, ſhall refuſe to take the Oath, the Biſhop ſhall give him a moneths time to informe himſelfe: and at the moneths end, if he refuſe to take it, he ſhall be ſuſpended ab officio, and have a ſecond monethmonth granted; and if then hee refuſe to take it, hee ſhall be ſuſpended ab officio & beneficio, and have a third monethmonth granted him for his better information: but if (at the end of that monethmonth) he refuſe to take the Oath above named, hee ſhall by the Biſhop bee deprived of all his Eccleſiaſticall promotions whatſoever, and execution of his Function, which hee holds in the Church of England.
Of this, our 25. DOUBT is,
Concerning the difference betwixt the command and commination of the Canon.25. Particular Doubt.
THE REASON.
BEcauſe, where a law is rightly grounded, and a penalty for breach of it impoſed, there the offenders are legally cenſured, with an equall and impartiall juſtice; but here it ſeemeth to us to be much otherwiſe: for, of all thoſe perſons of ſeverall callings, profeſſions, or degrees, before rehearſed, and required to take the Oath, onelyonly Clergy men are upon their refuſall of it to be puniſhed: and that, though gradually, yet with as much ſeverity as any Eccleſiaſticall Authority can inflict: for, they within three moneths are to be put out both of their miniſtry and means; while all others (though they refuſe the Oath as well as they) are by the Canon not to bee the worſe for their refuſall.
It may bee, the Biſhops may prohibit ſome to practiſe Phyſicke, others to teach Schoole, that will not ſweare; and they that will not take the Oath, perhaps ſhall take no orders at their hands: and for Regiſters, Actuaries, and Proctors of their Courts, if they refuſe it, it may be they will refuſe them, and put them out of their offices; but the Canon concludeth nothing againſt any one, but Eccleſiaſticks, eſpecially Beneficed Preachers; which, whether it may more incline ſuch to love, or feare thoſe who lay theſe heavie penalties upon them, there is none ſo ſimple, but may ſoone perceive; nor is any ſo wiſe, as in this to ſee either the compaſſion of the reverend Prelates, as their fathers; or the charity of inferiour Clerks, as their brethren: for, by this Canon they are neceſſarily caſt upon one part of this dangerous Dilemma:
If they take the Oath (beſides the ſcruples of conſcience before obſerved) their taking of it (as we have touched before) muſt bee recorded by a Notary publicke; and then, if they doe any thing, which they that are their Judges will call a breach of the Oath they have taken, they may bee called in queſtion for the crime of perjury.
About the yeare 1164.fConciliab. apud Northampton in Anglia celebrat, quo Thomas Archiepiſcopus Cant…arienſis de perjario per Regem accuſatus & condemnatus, cò quòd Anglicanas conſuetudines quas juraverat non obſervâſſet. Franciſi. Long. de Concil. pag. 806. col. 1. Thomas Archbiſhop of Canterbury, was at a Councell (held at Northampton) accuſed and condemned of perjury; becauſe hee had ſworne to the Engliſh cuſtomes, and had not obſerved them. And it is an eaſie matter (out of an Oath of ſuch copious contents, as this of the ſixth Canon) to frame an accuſation againſt him that hath taken it; eſpecially, if what lieth in ambuſh under the &c. bee brought into the charge: hereof our feare may bee the more; becauſe ſome of us have obſerved, how forward ſome of our ſuperiours have beene to lay an imputation of perjury upon the inferiour Clergy; becauſe (having taken the Oath of Canonicall obedience) they have not been ſo ready (as they would have them) to performe what they impoſed by uncanonicall Commands.
On the contrary, if they take not the Oath, and thereupon the penalty of the Canon bee laid upon them, they muſt take leave of their Paſtorall charges; and no more be allowed to feed their Flockes, nor to be clothed with their fleece: which is like (in reſpect of many Pariſhes) to be a great calamity both to the Paſtors and People.
Thus much for our Doubts: which if any thinke too much, it may be he thinkes too little of the peace of conſcience, the price of our Miniſtry in danger to bee loſt, and the preſſure and miſery, which by many may bee felt by occaſion of that Oath: which, though wee dare not take, yet wee dare ſweare, and can doe it heartily, willingly, and truly, that (as yet wee conceive of the Oath) wee cannot with ſound faith, and ſafe conſcience yeeld unto it.
And if moſt of theſe Doubts, before propoſed, ſhould bee found to bee frivolous (which wee doe not conceive of any one of them) and but one of them containe a juſt ground of ambiguitie, (which ſome that have taken the Oath, and ſome that have written for the Oath, have ſince confeſſed: and not onelyonly by ſpeech, but by their handwriting have acknowledged) that one is enough, while wee are in ſuſpenſe concerning the meaning of the Oath, to ſuſpend our aſſent from the taking thereof: For, the compariſon (brought in by the prudent Compoſer of the Hiſtory of the Councell of Trent) wee take to bee true, and of much importance to this purpoſe, which is,gHiſt. Concil. of Trent. 2. pag. 187. As one particular maketh falſe the contradictory univerſall; ſo one ambiguous particular, makes the univerſall to bee ambiguous.
If any man, but of a private condition (like unto our ſelves) have a mind to make anſwer to our Doubts or Reaſons, wee wiſh him to conſider at what hee aimeth in that undertaking: If to engratiate himſelfe into the favour of thoſe who approve of the Oath; wee deſire not to caſt in any prejudice to his expectation: If to ſatisfie us, wee feare his endeavours are like to bee fruitleſſe; ſince hee cannot advance his diſcourſe above probability, and for that wee may returne upon him with like topicall Arguments: and ſo the conſiſtence of the cauſe (at the beſt) will be but a probleme; which will adminiſter but weake encouragement for a ſincere, willing, and hearty taking of an Oath.
Our HOPES, and the REASONS thereof.
Firſt, our HOPES.
OUr Doubts and Reaſons hitherto handled, wee hope, will aſſure your Lordſhip, that our not taking of the Oath, ought not to be aſcribed to contumacy, but to conſcience; and then, we hope againe (the caſe ſtanding as it doth) that you will neither preſſe upon us to take it, nor oppreſſe us with the penalty, if we take it not.