Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed, Part 3
The third Part. Of the Perſons that muſt take the Oath.3. Part.
THey are Archbiſhops and Biſhops, and all other Prieſts and Deacons in places exempt, or not exempt: So in the Prefatory Speech before the Oath, and in the direction that followeth it, it is impoſed on all that are Beneficed, or dignified in the Church, all Maſters of Arts (the ſons of Noblemen onelyonly excepted) all Batchlours, and Doctors in Divinity, Law, or Phyſicke, on all that are licenſed to practiſe phyſicke, on all Regiſters, Actuaries, and Proctors, all Schoolemaſters, all ſuch as being Natives, or naturalized, come to be incorporated into the Univerſities here, having taken degree in any forraine Univerſity, on all that take holy Orders at the time of their Ordination, and all that receive collation, inſtitution, or licence to preach or ſerve any cure; that is, briefly, on all who by Eccleſiaſticall or Academicall ſubordination to the Synod, or to the chiefe perſons aſſembled, are moſt ſubject to impoſition, and penalty, which anſwereth the Doubt of ſome, demanding why Judges are not to bee ſworne as well as the Biſhops, and why not Students of the Innes of Court as well as Students of the Univerſity. The reaſon may be, becauſe they are not in ſuch a degree of ſubordination to Biſhops, or others, who are members of the Convocation or Synod, as thoſe who are particularly rehearſed in the Canon.
The 24. DOUBT.
Why the ſonnes of Noblemen are excepted,24. Particular Doubt. and priviledged from taking this Oath, when they take the degree of Maſters of Arts.
THE REASON.
BEfore we render it, we profeſſe that we take this Doubt to be of a different kind from thoſe which hitherto wee have propoſed, ſince it is without the compaſſe both of the words and explication of the Oath, from whence all our ſcruples of conſcience hitherto have been derived.
Yet becauſe we have heard this Quaere put forth by many, and not well anſwered by any, we crave leave to propoſe it, and to deliver ſome probable conjectures upon it; leaving the certain Reſolution to thoſe who are better acquainted with the true cauſes thereof.
Object. That exception of the ſonnes of Noblemen hath been excepted againſt by ſome for this reaſon:
Reaſ. Becauſe their example in ſwearing to the Doctrine and Diſcipline of the Church, would bee of great moment to the maintenance of both: and therefore they thinke it more meet, that they ſhould begin this ſacred atteſtation (whom others would bee moſt ready and forward to follow) then that they ſhould have a particular exception to free them from it.
Object. If it be ſaid, When others take Oath, they take none, but make their proteſtations and promiſes in verbo honoris:
Anſw. That is true, but neither is ſo much required of them in this caſe; or, if it were, two particulars would be returned by way of reply: The one,
That Archbiſhops and Biſhops are to take the Oath, whoaThe Kings large Declarat. of the Tumults in Scotl. p. 217. take place of their right Honourable Fathers, both Earles and Lords; and ſo it can be no diſhonour to their ſonnes, to doe as ſuch reverend, and ſo much honoured Prelates have done, eſpecially, ſince Biſhops have beenebEpiſcopi & Regis verbum ſcu affirmatio ſine juramento fit irrefragabile. Concil. Bergam-ſtedenſe, cap. 17. anno Chriſti 700. apud Dom. Spelman de conſil. tom. 1. p. 196. matched with Kings in the prerogative of irrefragable regard and beliefe of their words without an Oath: The other,
That as the ſonnes of Noblemen were to be beleeved, when they teſtified any thing in verbo cSee pag. 132. ſeq. lit. k. in mar.honoris; ſo were the Clergy to be beleeved, when they did the like in verbo Sacerdotis. And by Juſtinians Code (if we may take it upon the word of a Popiſh Prieſt; for we have not met with it in the originall)dWats Quodlibets. pag. 12. The word of a Prieſt was rated to the Teſtimonies of twelve of the Laity. But the priviledge of the Nobility yet remaineth, and that of the Clergy now is loſt: which may give us juſt occaſion to examine, whether they have not beene more true to their honour, then moſt of us to the ſincerity of our ſacred Profeſſion; and if they have, they may bee priviledged from the taking of this Oath, though we be not.
It is probable alſo, that they were exempted upon eſpeciall reſpects, both of ingenuity and prudence: of ingenuity, by thoſe Clergy men, who were bound to all honourable obſervance of ſuch noble Families, as had been meanes to preferre them; and of prudence, in preventing a repulſe to their purpoſe: for it was not like that the Nobility would ſuffer their ſonnes to bee entangled with ſuch an Oath, as is prejudiciall to the conſcience: and (as many Lawyers alledge) to the obedience due to his moſt excellent Majeſty, and his Royall Succeſſours.
That which we reade in the Conference at Hampton Court, gives us juſt occaſion ſo to conceive; which is, That when there was ſpeech of the eConfer. at Hampt. Court. pag. 89.Oath ex officio, one of the Lords compared it to the courſe of the Spaniſh Inquiſition; and if the Nobility had diſtaſted it, and renounced it, it would have given the greater encour agement to others to ſtand out againſt it.
Howſoever, Gods providence hath moſt wiſely ordered their exemption from ſwearing; for, ſince the Nobility are not required to take this Oath, their deſire and endeavour to have the aggrievance of it removed from others (as their petition to his Majeſty before the Parliament ſheweth) doth evidence their noble, religious, and charitable minds towards all ſuch, as by their mediation may bee ſecured from ſuffering in their conſciences by taking, or in their liberties and eſtates for refuſall thereof.
For which pious compaſſion many thouſands, eſpecially we of the Tribe of Levi, are deeply obliged to praiſe God for their Honours, and to pray to him for his vigilant providence and potent protection, both over them and their honourable Progeny.