Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed, Part 2
2. Part. Of the Interpretation of the Oath.2. Part.
The 23. DOUBT.
How the Doubts of the Oath may be reſolved and cleared.23. Particular Doubt.
THE REASON.
BEcauſe in this caſe it will not ſatisfie to ſay, as the Caſuiſts on both ſides (wee meane Proteſtant and Popiſh) reſolve, That the words of an Oath muſt be taken (as this Oath conformable to the Oath ofeIn Maſt. Dalton his Country Juſt. pag. 16. edit. 3. Allegiance hath it)fEo ſenſu accipienda ſunt verba Juramenti, quo audientes accepturos judicamus, & quem habent in communi omnium uſu, quia verborum ſignificatio pendet ex hominum uſu. Ameſius de conſc. lib. 4. c. 22 pag. 153. Azor. inſtit. vol. 1. l. 11. c. 8. col. 742 according to the plain and common ſenſe, and underſtanding; for what that is, is not yet diſcovered: And wee beleeve the Divines of Aberdene ſaid well,gThe Miniſt. and Profeſſours of Aberdene in their generall Demands. pag. 14. That the words of an Oath ſhould be cleare and plaine; and if they be any way ambiguous, the true ſenſe of them ſhould bee ſo declared and manifeſted, that all may know it.
As to ſatisfie the Doubt, which many made concerning the ſigne of the Croſſe in Baptiſme: Or (ashBiſh. Morton in his book of Cerem. Biſhop Morton more warily writeth) the Croſſe after Baptiſme was a particulariCan. 30. Canon ſet forth for declaration thereof, and for removall of all ſuch ſcruples as might any way trouble the conſciences of them, who are indeed rightly religious.
kIn dubiis benigniora ſunt praefèrenda regul. Juris 55. addit libro cui tit. eſt Reform. leg. Eccleſ. printed an. 1571.Some thinke it ſufficient, according to the dictate of charity, to take the words of the Oath in the moſt favourable ſenſe, which is expounded by ſome, as having reference to thoſe who impoſe it, of whoſe intention we are bound to make the faireſt, and moſt favourable conſtruction.
Some take the favour to themſelves, and make ſuch a ſenſe of them, as may moſt conduce to their owne Intereſts, whether for advantage, or for avoidance of damage or danger: and ſo cometh in the Colluſion of the Jeſuits by equivocation, or mentall reſervation, to ſave themſelves from being diſcovered in their dangerous deſignes.
This is ſomewhat like that, which ſome ſay of Manna, that it was that to every mans taſte, wherewith it was moſt delighted. So that ſhall be the meaning of the Oath, which beſt pleaſeth any that is to take it.
Azorius, a famous Caſuiſt of the Ignatian order, determineth,lIn foro Judiciali ſemper eſt jurandum ſecundùm communem ſenſum quem reddunt verba ipſa, & communem hominum uſum. Azor. Inſtit. vol. 1. l. 11. c. 8. col. 742. That in a Judiciall Court an Oath muſt be taken according to the common ſenſe of the words: mEx communi hominum ſententia juramentum in foro conſcientiae ſemper accipiendum eſt juxta jurantis mentem. Ibid.but in the Court of conſcience all men hold (ſaith hee) that it muſt bee underſtood according to the mind of him that ſweareth: as if Justice and Conſcience held contrary Tribunalls in the ſoule, as Juſtice and Equity in the ſtate; and the ſame Oath might be right in the one, and wrong in the other.
An abſurdity like that, which our dread Soveraign derideth in his large Declaration, viz. nThe Kings large Declaration of the Tumults in Scotl. p. 176.That the ſame confeſsion of faith, conſiſting of the ſame words and ſyllables ſworne without Authority, if it ſhall be commanded by Authority, becommeth a new and different confeſſion of the faith.
There is a third opinion (concerning the ſenſe of an Oath) to augment the doubt, though ſo much leſſe doubtfull, as it bringeth with it the better Authority; and the Authority for it is no leſſe then Royall, the ſentence of a great and gracious King (and, which is more to us, our King) who reſolveth,oIbid. p. 177. That an Oath muſt be either taken, or refuſed, according to the knowne intention of him that doth miniſter it, pIbid. p. 347.eſpecially, if it be a new Oath.
To the ſame ſenſe, though in different words, ſay theqThe Miniſt. and Profeſſors of Aberdene in their generall Demands. p. 14 Aberdene Divines: An Oath is to be given according to the mind and judgement of him that requireth it: which words [miniſtreth and requireth] make up the meaning to bee, That hee that miniſtreth an Oath (who may bee ſome ſubordinate Officer) muſt give it in that ſenſe, which he that requireth (that is, hee from whoſe Authority and Power it proceedeth) doth intend.
That conſtruction wee are taught to make, by the explanation of the Oath in Scotland, publiſhed by the right Honourable the L Marqueſſe Hamiltoun his Majeſties high Commiſſioner there, in theſe words:rThe explanation of the Oath in Scotl. in his Majeſties large Declar. pag. 328. Oaths muſt be taken, according to the mind, intention, and commandement of that Authority which exacteth the Oath: For (as wee conceive) it reſts not in the power of an inferiour (whether hee bee the taker or miniſter of the Oath) to put his private conceipt for the ſenſe (which is the ſoule) of a publicke conſtitution: and if hee doe ſo, wee cannot but doubt of it (though it ſeeme never ſo plauſible) unleſſe it bee allowed by the Authority, which chargeth the Oath upon the conſcience: For,
Firſt, asſBiſh. Hall in his booke of Chriſtian moderation. lib. 2. ſect. 10. p. 109. Biſhop Hall well ſaith, The Church (which makes the Canon, and by the Canon decrees the Oath) as it is a collective body, ſo it hath a tongue of her owne, ſpeaking by the common voice of her Synods, Confeſsions, Articles, Conſtitutions, Catechiſmes, Liturgies: a tongue not onelyonly to ſpeake the text of her determination; but to make a Comment (if need be) to cleare it: and, if any ſingle perſon ſhall take upon him to bee the mouth of the Church, his inſolency is juſtly cenſureable: So he.
Secondly, Oaths are impoſed for matter of caution and ſecurity to thoſe that impoſe them, that they may relye upon them without doubt or diſtruſt: and how can that be, when we take them in another ſenſe then they that require them doe meane, or will admit of. The old rule (which is a maxime) ſaith,tIs committit in legem, qui legis verba complectens, contra legis nititur voluntatem. Regul. Juris 88. He offends againſt the law, who cleaving to the words of the law, leaveth the will of the law, that is, of the Law-maker: For, the law it ſelfe is a dead letter, and hath no will at all.
There are ſome of our Brethren, who (in good will to themſelves and us) have undertaken to expound the Oath ſo as that they and we, without ſcruple, may take it: and we take kindly their good intention, and, in good will to them againe, requeſt them to conſider, That a private interpretation of a publicke act can give no ſatisfaction, unleſſe it be either expreſly, or vertually allowed by the higheſt Authority that doth impoſe it; and then it is made publicke: but why they ſhould expect ſuch an approbation of their private opinions, we cannot imagine; and if that would ſerve the turne, we could find in our hearts (and it may bee in our heads too) to make as mollifying a gloſſe on the Oath, as they have done: and ſuch a one, as might be more ſatisfactory to our conſciences, then theirs can be.
But the Authority of interpretation of any doubt (in ſuch a publicke act) belongeth properly not to private, but to publicke perſons, eſpecially, if they bee Authorized by the Synod for ſuch a purpoſe: as in the late Synod wee ſee,uQuòd ſi in poſterum aliqua dubia, ambiguitates, &c. oriantur in co caſu, omnium hujuſmodi dubiorum, ambiguitatum, difficultatum, &c. interpretationes & declarationes fient per reverendiſſimum in Chriſto patrem Archiepiſcopum Eboracenſem, Dominos Epiſcopos Dunelmenſem, Caeſtrienſem, & Carliolenſem, aut duos eorundem, quorum idem reverendiſſimus pater ſit unus. So in the Grant of the benevolence or contribution by the Clergie. pag. 25. where the Doubts concerning the benevolence of the Clergy granted to his Majeſty, are ordered, to bee determined by the Archbiſhop of Yorke, the Biſhop of Durham, the Biſhop of Cheſter, and the Biſhop of Carlile, or by two of them at the leaſt, whereof the Archbiſhop is to bee one: and in other Doubts (whereof there is no certaine rule of Reſolution ſet) it is probable, the deciſion ſhould bee given by the ſentence of the ſame, or ſuch like Judges.
For private men, though learned, if they take upon them the Interpretation of publicke Dictats, may be more like to light on mutuall contradictions of each other, then on the true and proper conſtruction of the Text they interpret. So didxHiſt. of the Councell of Trent. lib. 2. pag. 216. Vega and Soto, yIbid. p. 229.Soto and Catherinus, who wrote againſt each other contrary Comments upon the Councell of Trent. In which reſpect it was a wiſe advice given to the Pope by thezIbid. l. 8. p. 817. Biſhop of Beſtice, viz. To appoint a Congregation for the expounding of the Councell; and well followed by him, when he forbade all ſorts of perſons, Clerkes, or Laicks (being private men) to make any Commentaries, Gloſſes, Annotations, or any Interpretation whatſoever upon the Decrees of that Councell.
Doctor Burges indeed made an Interpretation of his owne ſubſcription; but there had been no validity in it (as we conceive) unleſſe it had been allowed by the ſuperiour powers; and ſo it was: for (as hee ſaith)aDoct. Burges in his Anſw. to a much applauded Pamphlet Prefat p. 26. It was accepted by King James, and the Archbiſhop of Canterbury affirmed it to bee the true ſenſe and meaning of the Church of England.
And if wee ſhould take the Oath, and a Notary publicke record it, unleſſe our expoſition of it were publickly and lawfully (for favourably is not ſufficient) both allowed and recorded alſo, wee may haply bee charged with the crime of perjury: and unable fairly and effectually to free our ſelves from that charge, unleſſe by Authority wee were permitted to conclude our Oath with the ancient clauſe of limitation, viz. bHaec omnibus partibus ſervabo, quibus cum ſacra Scriptura, cum Legibus Civilibus & Eccleſiaſticis hujus regni conſentiunt, & quantum vires meae patientur. Reform. leg. Eccleſ. de Jure, cap. 11. fol. 105. a.ſo farre as agreeth with the ſacred Scripture, with the Civill and Eccleſiaſticall Lawes of this Kingdome, and as farre as our abilities will afford.