Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed, Part 1
THE OATH. I A.B. doe ſweare, that I doe approve, &c.
1. Generall Doubt. Whether this Oath (if it be tendred and taken) be not a taking the Name of God in vaine,1. Generall Doubt. againſt the third Commandement?
THE REASON.
BEcauſe, as wee ſuppoſe, there is no need of it (in reſpect of Miniſters eſpecially) for ſecurity either of Doctrine or Diſcipline againſt Innovation: for Doctrine (as againſt the Papiſts, the principall enemies unto it) the Lawes of the Land, and Conſtitutions of the Church (without this Oath) ſufficiently provide, if they be anſwerably executed: and for ſuch, if they be conſcionable, they will not take it; if unconſcionable, (though they take it) they will not keep it: for they will eaſily bee perſwaded to ſlight this Oath, as they doe the oath ofdVidere non potuit, ſi Pontifex juramentum diſſolverit, omnes illius nexus, ſive de fidelitate Regi praeſtanda, ſive de diſpenſatione non admittenda diffolutos fore.—Imò juramentum injuſtum neminem obligat, ſed ipſo facto nullum eſt. Lyſim. Nican. pag. 54. ex Paſcenio. Allegiance, whereof ſome of them ſhew how the cautions of it againſt equivocation, mentall reſervation, and Papall diſpenſations may bee eluded, and ſay, that the Oath, as unjuſt (ſo ſoone as it is taken) is preſently nullified ipſo facto.
But for Miniſters eſpecially, it ſeemeth unto us to be altogether needleſſe; ſince they, having according to theeCan. 36. & 37. Canons of the year 1603. ſubſcribed to the Kings Supremacy, the Articles of Religion, and the Booke of Common Praier, and of Ordination, with all their contents (wherein the order of Biſhops, and degree of Archbiſhops is contained; and which is compaſſe enough for a well compoſed conſcience) arefCan. 38. ſee alſo Can. 8. ſentenced (if they revolt from their ſubſcription) firſt, to Suſpenſion; ſecondly, to Excommunication; thirdly, to Depoſition from the Miniſtry. Rigour enough for verball commination, and (in reſpect of ſome degrees of offence recorded in the Canon) ſomewhat too much for reall execution; ſo that there is no need of more ſecurity by aſſent to the things required, then the ſubſcription to the three Articles of the 36. Canon, and the ſeverity of the 38. Canon againſt ſuch as revolt from that ratification.
And, by that wee reade in the Archbiſhops late reply to A.C. it ſeemes confeſſion and ſubſcription are enough (for that we profeſſe in point of faith) to give ſatisfaction and aſſurance of our ſincerity, even to a profeſſed adverſary; for, when A.C. had ſaid,gArchb. Laud in his relation of his conference with Fiſher, p. 326. that it is not fufficient to beget a confidence, in this caſe to ſay we beleeve the Scriptures, and the Creeds, he returneth him this anſwer:
But if wee ſay it, you are bound in charity to beleeve us; for I know no other proofe of faith, but confeſsion of it, and ſubſcription to it: and for theſe particulars, wee have made the one, and done the other; ſo it is no bare ſaying, but you have all the proofe that can bee had, or that ever any Church required.
If his Lordſhip had remembred this, at the late Synod, it may be he would not have thought it meet to require us to ſweare beyond our confeſſion and ſubſcription formerly made; for why ſhould hee, or the reſt of the Synod, have leſſe faith and charity to entertaine our teſtification, then we may juſtly expect from our Popiſh oppoſites, or require more of us then any Church ever did hitherto?
Long before theſe Canons were ſet forth, andhQueen Eliſabeth began her reigne Novemb. 17. an. 1558. and theſe were publiſhed ann. 1561. ſoone after the reformation of Religion by Queene Eliſabeth, there were (we confeſs) certain proteſtations to be made, promiſed, and ſubſcribed by them that were afterwards to be admitted to any office, roome, or cure in any Church, or other place Eccleſiaſticall.
But we conceive (beſides other differences to bee touched under another title) that neither theſe proteſtations are equivalent to ſuch a ſolemne oath, as now is required of us, nor that there is ſuch need of it now, as there was of them at that time.
Object. If it be ſaid, that in theſe times there is ſuch diviſion and diſtraction among us, that there is need to faſten us together by ſuch a ſacred bond as that of the Canon:
Anſw. Wee thinke it reaſonable to reply, That neither the want of ſuch an oath was the cauſe of the diſtemper of the times, nor that the urging of it will be a convenient cure thereof; but rather the contrary: ſince there is more agreement betwixt peace and love, which may beſt be preſerved where offenſive things are not urged; then betwixt love and compulſion, eſpecially, if (as of this oath it is conceived) it incroach upon the conſcience, without any great need (as from them that require it) or without ſufficient ground to ſatisfie ſuch as ſhould receive it.
And wee ſee by the operation of it already, daily producing more and more diſlike of it, that it is not like to be a remedy againſt any malady already diſcovered; but rather a meanes to exaſperate the diſeaſe (though this bee beſides the intention of them that propound it) whereof there was the leſſe need: becauſe, as our learned and religious brethren the Divines of Aberdene have obſerved,iGenerall Demands of the Miniſters and Profeſſors of Aberdene, pag. 29. There bee other meanes more effectuall for holding out of Popery (and ſo of any other unlawfull Innovation) in which we ought to confide more then in all the vowes & promiſes of men: yea alſo, more then in all the united forces of all the ſubjects of this Land: to wit, diligent preaching and teaching of the word, frequent prayer to God, humbling of our ſelves before him, and amendment of our lives and converſations, and arming our ſelves againſt our adverſaries, by diligent ſearching of the Scriptures, whereby we may increaſe in the knowledge of the truth, and in ability to defend it againſt the enemies of it.
Theſe have been the chiefe meanes to advance both the Doctrine of truth, and the Diſcipline of manners; and they will be the beſt meanes to hold them up ſtill: with them there will be no need, without them none aide by oaths of this kind.
There be ſome that ſay, This Oath was framed for tryall how men ſtand affected to the preſent government, and whether they be inclined to ſuch a change in the Eccleſiaſticall ſtate for Doctrine or Diſcipline, as tendeth to diſturbance of the civill government alſo, eſpecially to derogation from his Majeſties Authority: this is partly implyed in the Preface of the Oath, which beginneth thus; This preſent Synod, being deſirous to declare their ſincerity and conſtancy in the profeſsion of the Doctrine and Diſcipline eſtabliſhed in the Church of England, and to ſecure all men againſt ſuſpicion of revolt to Popery, or any other ſuperſtition, decrees, &c.—and in this reſpect they conceive the Oath is of neceſſary uſe. To ſuch as thus plead for it, we thinke it meet to make this anſwer,
1. Concerning the venerable Synod, that though ſome perſons in it, being ſuſpected of unſound Doctrine, of a Popiſh ſtraine, might doe very well to give all due and probable ſatisfaction, to acquit themſelves of that imputation (wherein we are perſwaded of ſome that they have been untruly traduced) yet wee conceive this Oath not ſo pertinent to that purpoſe, as is alledged; becauſe the third Canon, which inſiſteth much in the diſcovery and purſuit of Papiſts, and none elſe, importeth more oppoſition to Popery then this ſixth Canon doth, which requireth the Oath; ſince (as wee ſhall manifeſt in another place) it commeth with a deeper charge againſt thoſe who are the greateſt Adverſaries of Popery, then againſt Papiſts themſelves.
Secondly, for the other part of the Oath concerning Diſcipline, or the government by Archbiſhops, &c. we apprehend no need of an Oath, to declare the ſincerity and conſtancy of the Synod in that reſpect; for who maketh doubt, but Archbiſhops, Biſhops, Deanes, and Archdeacons (who carry moſt ſway in all our Synods) are willing enough to maintaine their dignity and authority, and unwilling to ſubject either of them to Papall uſurpations. He is a man of little faith who will not take their bare word for that, without an Oath, or will require ſo much; for no reaſonable man can thinke otherwiſe of them, though they ſay nothing.
For we cannot imagine, if it were but for the Archbiſhops owne ſake, that he (ſitting as Preſident of the Synod) would ever ſubmit to any uſurpations of the See of Rome; ſince hee knoweth, and would have others know from him (for hee hath publiſhed it in print) that the Pope hath acknowledgedkPope Urbane the ſecond, accounted my worthy Predeceſſour Saint Anſelme, as his owne Compeere; and ſaid he was the Apoſtle and Patriarch of the other world. So Archbiſh. Laud in his relation of his conference with Fiſher, p. 171. Anſelme, a worthy Predeceſſour of his in the See of Cant. for his owne compeere, the Apoſtle and Patriarch of the other world.
And hee ſheweth himſelfe willing enough to take his Holineſſe at his word, and to keep him out from all command over the Britaine Church, alledginglIbid. ex Guid. Pancirol. that it was never ſubject to the See of Rome, having a Primate of its owne; and that Primate for the preſent is himſelfe.
Thirdly, for others, this Oath can be no good Criterion, to try mens ſincerity to either Doctrine or Diſcipline; for many things by divers may bee beleeved, liked, and preferred, before any other of that kind (ſo that they would bee loth to change them) and yet may they be unwilling to take an Oath for conſtancy to them.
For inſtance, wee beleeve kneeling at prayer to bee lawfull, laudable, and the beſt geſture wherein to preſent our devotions to God; yet wee would not be put to ſweare never to conſent to a conſtitution for ſtanding at prayer, ſince for it there is, firſt,mMar. 11.25 Luk. 18.11. Scripture; ſecondly, a Decree in the firſtnConſona & conveniens per omnes Eccleſias cuſtodienda conſtitutio eſt, ut ſtantes ad orationem vota Domino reddamus. Concil. Nicen. 1. Can. 20. Nicen Councel; thirdly, a continued practice of it in the Church foroFrom before Tertullians time, untill Anſelme Archbiſh. of Cant. many hundred of yeares together.
Fourthly, many of thoſe who, in regard of the manifold doubts involved in the Oath, are affraid to take it, have given better evidence of their ſincerity concerning the ſtate, both eccleſiaſticall & civill, then can be expected of moſt that take the oath (without any doubt or examination at all) & if yet there be doubt of them, they may be put to the tryall of the firſt Canon concerning the Kings Authority, and the eight made for preaching for conformity, both decreed by this laſt Synod, which may bee ſufficient for full ſatisfaction without an Oath; and yet they that dare not bee peremptory in every particular (in thoſe Canons determined) may for all that bee as farre from all diſpoſition to trouble either Church or State with any Innovation, as they who would ſet the ſeale of an Oath to every line of them.
Fifthly, though we doubt not, but divers who have taken the Oath bee very learned, grave, and godly perſons, and have done it (as they conceive) with due conſideration, and good conſcience; yet it cannot bee denied, but many may be too forward to ſweare, without any care or uſe of either: either out of hope to bee held very heartily affected to thoſe who have meanes to promote them (the hope whereof, as Aeneas Silvius obſerved, made more to adhere to the Pope, who gave preferments, then to the Councell, who had none to give) or out of feare of their diſ-favour, who have power to lay heavie preſſures upon them.
And in reſpect of ſuch the Oath is of no uſe or force, ſince the ſame affections (not regulated by Reaſon and Religion) will incline (with the alteration of times) to quite contrary effects.
Laſtly, ſo many of all ſorts, both of the Clergie and Laitie; yea, many of thoſe who hold Epiſcopall imparity the beſt government of the Church, and are no way addicted to the Presbyterian Diſcipline, diſlike this Oath ſo much, that howſoever this Canon may diſcover ſome difference betwixt thoſe, whoſe lot the wiſe man ſheweth may be alike (viz. betwixt him that ſweareth, and him that feareth an oath, Eccleſ. 9.2.) yet not that difference which may bee cauſe either of aſſurance of them that take it, to the doctrine or government of the Church, or of juſt jealouſie or ſuſpicion of them that refuſe it.
2. Generall Doubt.
Whether this Oath may be taken in faith,2. Generall Doubt. without which the taking is ſinne. Rom. 14.23.
THE REASON.
BEcauſe it comprehendeth ſo many things of ſeverall kinds (and divers of them unknowne unto moſt of us) that though wee be ready to beleeve, and receive ſome of them fingle, our faith cannot fadome them altogether; and ſo wee cannot ſweare without doubting: and if doubtfull ſwearing bee as dangerous as doubtfull eating (as wee conceive it is, and ſo may feare wee may be damned for it by the doome of the Apoſtle in the fore-cited place) wee can neither with confidence nor ſafety take this Oath, untill we be better reſolved of the true meaning thereof; and ſo (as it ſeemeth to us) a ſuperfluous Oath, it may prove to the takers a perillous Oath.
3. Generall Doubt.
Whether the ſixth Canon,3. Generall Doubt. as it is charged with this Oath and penalty, bee not like to croſſe the chiefe end whereat his Majeſty aimed in granting his Commiſſion for a Convocation or Synod.
THE REASON.
BEcauſe in his Royall Declaration (which hee was pleaſed to prefixe before the late Canons) hee faith hee giveth leave for Eccleſiaſticks to aſſemble, and being aſſembled,pThe Kings Declaration prefixed before the Canons. pag. 8. to conferre, treat, debate, conſider, conſult, and agree of, and upon Canons, Orders, Ordinances, and Conſtitutions, as they ſhould thinke neceſſary and convenient to this end, viz. for the honour and ſervice of Almighty God, and for the good and quiet of the Church, the qIbid. pag 10.end and purpoſe by his Majeſty limited and preſcribed to the Convocation or Synod; and how this Oath ſorteth to this end, we appeale to the publick report of moſt Counties in the Kingdome, wherein (beſides the Miniſtery) the people neither of the worſt ſort for condition, nor for converſation; nor the feweſt for number, expreſſe much diſcontent and trouble of mind at the propoſall of it.
Hereby wee impute no diſobedience to the reverend Prelates and Clergie aſſembled; for wee conceive they had no thought of oppoſition therein, to the pious purpoſe of his ſacred Majeſtie; nor any imprudence, ſince, as they beleeved themſelves of the Oath, they might probably hope of acceptance with others, and (if generally accepted) that ſuch effects might follow as they projected.
But if they doe not, their diſcretion will direct them to vary their courſe as times and occaſions require. For, if the Church in this world bee like unto a ſhip upon the ſea (in which reſpect it is likened torArcam fuiſſe Eccleſiae imaginem certum eſt, teſte Petro. 1 Pet. 3. Calv. in Geneſ. 6. Noahs Arke) their Acts, and aimes of Government of it, may be ſometimes diſappointed by the indiſpoſition of the people to comply with them; as the purpoſe of the Pilot by the diſtemper of the weather, who, when he reaſonably thinkes it meet to hoiſe up ſaile, may bee ſoon after induced to ſtrike ſaile, for the avoidance of inconvenience or danger: of this prudent accommodation of the Acts of Authority to the times, and their uncertaine inclinations and events, we find manifold examples, both in the Civill and Eccleſiaſticall eſtate. Thus much of the Doubts in generall.
Our Doubts in particular.
The Doubts hitherto propoſed touch not upon any branch of the Oath in ſeverall,Doubts in particular. or of the appurtenances to it, but reach to the whole, as taken together; thoſe that follow ariſe out of particular conſideration, firſt, of the parts of the Oath; ſecondly, of the explication of it; thirdly, of the perſons that are to take it; fourthly, of the penalty attending upon it.