Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed, Part 5 – Section
5. Partic. That though there ſhould be an alteration, we ſhould never give our conſent unto it. The words of the Oath. Nor will I ever give my conſent, &c. Of theſe words we have a double Doubt.
The one DOUBT is,
Why we ſhould ſweare againſt conſent, to alter the Government of the Church.18. Particular Doubt.
THE REASON.
BEcauſe ſo the Government ſeemeth to be preferred before the Doctrine: for, for the Doctrine we muſt ſweare onelyonly, that wee will not bring in, or bee the Inventers or Leaders in the promoting of Popiſh Doctrine; but for the Government, wee muſt ſweare, that we will not conſent, though but as followers, for what others bring in: Now, as it is a leſſe offence to be a Follower, then a Captaine in whatſoever is evill; ſo it ſeemeth to ſhew a greater care of preſervation of the Government of the Church by Archbiſhops, &c. then of the Doctrine of Religion; by requiring as ſtrict an Oath, not to bee ſecond in the change of the one, as not to be firſt in corrupting the other.
The other DOUBT is,
Whether, if we ſhould thus ſweare,19. Particular Doubt. we ſhould not be entangled with contradiction to our Governours, and to our ſelves.
THE REASON.
BEcauſe, firſt, for our Governours, we are bound in duty to yeeld our conſents to their lawfull Conſtitutions, though with ſome alteration of Government, which we can have no heart to doe, if we have ſworne to the contrary.
Hereto ſome except and ſay, If they alter, we may alter with them; but this we conceive to be too much fickleneſſe and levity, and liker to the Gipſie play of faſt and looſe, then to the grave and ſolid Aſſeveration, which belongeth to an Oath; which is neither lightly to be taken, nor to bee ſlighted, when it is taken: for, ſo it would give none aſſurance to thoſe that tender it, who meant (as wee ſee in the Preface of the Oath) to give ſecurity by Oath for conſtancy to the Doctrine and Diſcipline eſtabliſhed againſt Innovation: but there would be little aſſurance of that, if their meaning were this, That they that ſweare ſhould not change, till their ſuperiours had changed before them.
Beſides, the chiefeſt of them hold the Diſcipline and Government by Biſhops immutable; and therefore ſome of them have ſaid, they would rather dye, then yeeld to an alteration of Epiſcopall Government: but wee beleeve it would bee more eaſie for a Logician to convince them, that Epiſcopacy is not of Divine Right (but of an alterable nature) then for a Rhetorician to perſwade them to change life for death, this world for the next, rather then to conſent to an alteration of that Government.
There be that tell us (and wee muſt not take their ſaying for ayClement the ſeventh, immediatly upon his oath given to Charles the fifth, for performance of the Articles (accorded at his delivery) diſpenſed with his oath; and by probable conjecture had promiſed to diſpenſe with him before hand. So Sir Edw. Sands in his relat. p. 42. Papall diſpenſation,zMaſt. Fuller in the Holy Warre. l. 2. c. 37. pag. 93. which opens ſo wide a window, that it is in vaine to ſhut the doore) of many caſes of conſcience, wherein though we have ſworne, we may be diſcharged of our Oaths; and ſhew us a poſterne gate for an out-let of perjury: but wee cannot come to that gate, but by the wicket of inconſiderate ſwearing; and if wee apprehend any probable occaſions of change beforehand, wee muſt not makeaLet it be written among the Lawes of the Perſians and of the Medes, that it be not altered. Eſth. c. 1. v. 19. Median or Perſian Proteſtations, that we will not change.
Object. But we have in effect done as much already (ſay ſome) in ſubſcribing to the Booke of Common Prayer, wherein wee promiſe to uſe the forme in the ſaid Booke preſcribed, and none other, Can. 36.
Anſw. 1. To which wee may anſwer many waies: as,
Firſt, that it is not put upon us, as of Divine Right; and being but humane, it is implyed to bee changeable.
Secondly, the fore-cited Preface concerning the Ceremonies, and the 34. Article profeſſe a mutable condition in ſuch Inſtitutions.
Thirdly, experience hath divers times explained that clauſe: for, other formes of prayer have been impoſed upon eſpeciall occaſions.
Fourthly, to leave us at more liberty, if there ſhould be a change, our word is taken without an Oath; for whichbIn his Preface of the Articles of Religion. Maſter Rogers commendeth the moderation of our Governours.
Object. But in refuſing of the Oath now, for feare of future diſobedience, wee diſobey for the preſent. To which we ſay:
Anſw. 1. That our not ſwearing is no preſent diſobedience; becauſe our conſciences cannot conſent to ſweare; and they that require the Oath would not have us to ſweare againſt our conſciences, nor againſt our good wills: for, one condition expreſſed in it is, That we doe it heartily, and willingly: nor do we conceive, that, the premiſes duely conſidered, they would have us to ſweare.
Secondly, our not ſwearing in this caſe, is rather an obedience to our Superiours; becauſe we have already ſworne to their Authority and Power for ſuch alterations, both for the preſent, and for their heires and ſucceſſours: and ſo our promiſſory Oath in this caſe (if we ſhould take it) would be with certaine prejudice to another mans right; and conſequently could not bee attended with juſtice: and the prejudice would bee more unjuſt, becauſe done to the right of publicke and ſoveraigne Authority, ascBiſh. Halls Irrefrag. propoſ. prop. p. 3, 4. Biſhop Hall obſerveth in his Irrefragable propoſitions.
And thirdly, for our ſelves, we doubt it is not ſafe to ſweare that wee will not conſent to any alteration in Government; ſince wee cannot but like it well enough, if in ſome particulars it were more conformable to the condition of the ancient Church: as if it ſhould pleaſe his ſacred Majeſty, in the election of Biſhops, to have reſpect to the ſuffrage of the Clergie of the vacant Dioceſſe, as thedSacrorum Canonum non ignari, at in Dei nomine ſancta Eccleſia ſuo liberiùs potiretur honore. Baron. Annal. com. 9. nu. 21. col. 641. Emperour Charles the Great had, when hee publiſhed a Decree to that purpoſe, according to theeCypr. …p. Anton. epiſl. 52. pag. 57. col. 2. Contil. Aurelian. 9. Can. 10. Concil. Pariſienſ. 1. Can. 6. Hieron. teſtatur Alexandrinos Presbyteros ſpatio 140. annorum ſibi ex ſuo numero unum cligiſſe, &c. Chamier. tom. 2. lib. 10. ca 3. p. 350. nu. 3. Leo epiſt. 82. Spalat. de Republ. Eccleſlib. 3. c. 3. pag. 339, 340, 400. Bernard. de conſiderat. ad Eugen lib. 3. cap. 2. col. 878. Fox Martyrol. tom. 1. p. 5. col. 2. Concil. Baſil. ſiſ. 3. fol. 448. ancient practice of the Church.
And if, when Biſhops are elected, that either love, or ſome law of Authority might reſtore Presbyters to their ancient Rights, and participation of the Government of the Church, which they had in the Primitive times: whereof St.fCommuni Presbyterorum conſilio Eccleſiae regebantur. Hicron. in Tit. 1.5. tom. 9. ſol. 153. Hierome ſaith, That the Church was governed by the common Councell of the Presbyters: whichgPresbyteri & Seniores pariter ad concilium admiſſi erant tempore primaevo. Baron. Annal. ad an. 58. nu. 10, 11. tom. 1. col. 572. Baronius acknowledgeth, andhBiſh. Downhams defence of his conſecrat. Serm. l. 1. c. 7. p. 142, 143. & c. 8. pag. 178. Biſhop Downham ſaith, no man denieth; and this, not only until there was a Schiſm, and the people divided themſelves, under the names of Paul, Apollo, and Cephas; but afterwards, as is plaine by ſeverall teſtimonies of Saint Cyprian (beſides others) for hee (writing to the Prieſts and Deacons) calleth them Brethren, and telleth them, That it is his iUt quae circa Eccleſiae gubernacula utilitas communis expoſcit tractare ſimul, &c. Cypr. ep. 6. edit. Pamel. p. 12deſire, for thoſe things that concerne the government of the Church, that (as the publicke benefit requireth) they treat of them with common Counſell: and in their abſence hekNihil à me abſentibus vobis novum factum eſt, ſed quod jampridem communi conſilio, &c. Cypr. ep. 24. Presbyt. & Diac. profeſſeth, That he did nothing, but what was concluded before by their common advice: and lA primordio Epiſcopatus mei ſtatui nihil ſine conſilio veſtro—privata ſententia gerere. Cyp. ep. 6. p. 13.that it was his reſolution from the firſt time of his being Biſhop, to doe nothing of his owne private conceit, but by their counſell.
Biſhop Downham bringing in a ſentence of Ambroſe ſounding to the ſame ſenſe, maketh this anſwer unto it,mBiſh. Downhams def. of his Serm. l. 1. cap. 7. p. 161. Ambroſe, and others thought it needfull, that a Presbytery of grave and ancient Miniſters, ſhould with their counſell, adviſe and aſsiſt the Biſhops in caſes of doubt (as Doctor Bilſon ſaith) in caſes of danger and importance; when as yet neither Synod could aſſemble, nor Chriſtian Magiſtrate was found to aſsiſt the Church.
But when Synods were aſſembled, then Presbyters were aſſembled with the Biſhops; and, as Presbyters had deciſive voices with them, asnDoct. Field of the Church. l. 1. c. 30. p. 514. Doctor Field confeſſeth: obſerving withall, concerning the number of Biſhops, and thoſe that were not Biſhops in ſuch Eccleſiaſticall Aſſemblies, that in aoIbid. cap. 49. pag. 647. Councell of Lateran, there were preſent 482. Biſhops, and 800. Abbots, who (ſaith he) have leſſe to doe then Presbyters in the government of the Church.
Wherein he implyeth, that there ſhould be many more then two Convocation Clerkes in a Dioceſſe, to adviſe and vote at a Synod: And in our Dioceſan Synods, which are yearly called (according to the ancientpConcil. Agethen. an.440. Can. 40. fo. 165. Caranz. Canon and Cuſtome) wee are all ſummoned to appeare in the Conſiſtory, as in the name of a Synod. But when we come thither, we have ſo little power and liberty allowed us, either for diſcuſſion or determination of any matter (wherein Presbyters, both in right and fact, have had a freedome heretofore) that moſt of us appeare rather as Delinquents, ſtanding at the Conſiſtoriall Barre, or (at the beſt) as Clients, or Tenents paying a tribute of ſuit and ſervice at the Courts of their Landlord. So that we may take up the complaint of Duarenus the famous Civilian,qOlim hi conventus indicebantur, ut Epiſcopus ſimul cum Preſbyteris de diſciplina cleri, de cauſis, &c. ſed hujus honeſtiſſimi inſtituti vix umbram hodie videmus. Fr. Duaren. de Min. …. 1.c. 11. fol. 13. O fold Synods were called, that the Biſhops and Presbyters ſhould treat of the Diſcipline of the Clergie, of Eccleſiaſticall cauſes, and of divine Doctrine: for there was no matter of any great weight, which the Biſhops without that Senate would determine: but now (ſaith hee) wee can ſcarce diſcerne ſo much as a ſhadow of that moſt honeſt inſtitution.
In the fourth Councell of Carthage, about the yeare 401. (beſides many other Conſtitutions in the behalfe and in honour of Presbyters) it was decreed,rConcil. Carth. 4. Can. 23. pag. 313. edit. Fr. Longi. That a Biſhop ſhould not determine any mans cauſe, but in preſence of his Clergie: ſIbid. Can. 34. pag. 316.That the Biſhop, though in the Church, and in the Aſſemblies of the Presbyters, hee ſhould ſit in an higher place; yet privately ſhould uſe his Presbyters as Colleagues: and ſitting himſelfe, ſhould not ſuffer a Presbyter to ſtand.
And as Presbyters were not to be diſdained by the Biſhops, but to be taken into a reſpective ſociety with them (for thetQui Epiſcopatum deſiderat, benum opus deſiderat: exponere voluit quid ſit Epiſcopus, quia nomen eſt operis, non honoris—intelligat ſe non eſſe Epiſcopum, qui praeeſſe deſiderat, non prodeſſe. Aug. de civ. Dei, l. 19. c. 19. tom. 5. p. 1310. name of a Biſhop was anciently rather a name of labour, then of honour; rather of duty, then of dignity;) ſo were they ſo much to be honoured by the Deacons below them (asuDiaconus ita ſe Presbyteri, ut Epiſcopi miniſtrum eſſe cognoſcat. Concil. Carthag. 4. Can. 17. ſubordinate to them as well as to the Biſhops)xNec ſedere quidem licet medio Presbyterorum Diaconos. Concil. Nicen. 1. Can. 14. fol. 50. Ne Diaconus coram Presbytero ſedeat. Concil. Aralat. Can. 15. Tit. Can. fol. 70. Concil. Conſtantinop. 6. Can. 7. Diaconus quolibet loco jubente Presbytero ſedeat. Concil. Carth. 4. Can. 39. That a Deacon might not ſit among thoſe that were Presbyters, as was decreed in the firſt Councell of Nice: And ſo it was obſerved at Rome (asyIn Eccleſia Romae Presbyreri, ſedent, & ſtant Diaconi, licet paulatim increbeſcentibus vitiis, abſente Epiſcopo ſedere Diaconos viderim. Hieron. cpi. ad Evagr. Hieron. tom. 2. pag. 334. Hierome hath noted) untill vice increaſed; And then (ſaith he) in the abſence of the Biſhop, I have ſeene Deacons to ſit in the preſence of Presbyters.
And though in later times one Biſhop hath had power enough to undoe many Presbyters for ſmall matters; yet heretofore, in a criminall cauſe,zCauſa criminalis Epiſcopi à duodecim Epiſcopis audiatur, cauſa Presbyteri à ſex, cauſa verò Diaconi à tribus, cum proprio Epiſcopo. Concil. Carth. 2. Can. 10. fol. 111. a. A Presbyter could not bee condemned by fewer then ſix Biſhops. A Biſhop indeed, as an elder brother, had a double portion to cenſure him; (for twelve were requiſite for a doome againſt a Biſhop: and the Deacon (as a younger brother to a Presbyter) had but halfe ſo many to give judgement of him as the Presbyter had.
Now, if with ſecurity of the publicke peace, and the favour of our Superiours, there ſhould bee any alteration in the Eccleſiaſticall Government; wherein we might be aſſured to be dealt withall, if not as Brethren (asaNos omnes Epiſcopi meminiſſe debemus Presbyteros omnes eſſe noſtros fratres collegas in Miniſterio, non famulos, non mancipia; eoſque jure divino non minorem habere in paſcendo populo Dei poteſtatem quam nos habemus, Spalat. de Repub. Eccleſ. l. 2. c. 9. pag. 284. ſome of the Epiſcopall order have profeſſed, and pleaded on our behalfe) yet rather as ſonnes to reverend Fathers, then as ſervants to imperious Lords, we dare not be ſuch hypocrites, as to forſwear a conſent to that which wee conceive to bee our right, and cannot but be willing to enjoy.
THE OATH. —Nor yet ever to ſubject it to the uſurpations and ſuperſtitions of the See of Rome.
The 20. DOUBT is,
Why in this part of the Oath mention is made rather of the See of Rome, 20. Particular Doubt.then of the Church of Rome.
THE REASON.
BEcauſe, though an ordinary Reader obſerve no materiall difference betwixt them, yet wee are taught by a*Mr. E. B. of the M. T. judicious Lawyer, that there is as much difference betwixt the See of Rome, and the Church of Rome, as betwixt treaſon and treſpaſſe: and he proveth his poſition by the 23. of Eliſ. cap. 1. where it is ſaid, That to be reconciled to the See of Rome is treaſon; but to be reconciled to the Church of Rome is not treaſon: For then (ſaith he) every Papiſt of the Church of Rome ſhould be a Traitour (being a member of that Church, and therefore reconciled to it.) Now the See of Rome (ſaith he) is nothing elſe but the Papacy, or Supremacy of the Pope, whereby, by vertue of the Canon [unam Sanctam] made by Pope Boniface the eighth, he challengeth a ſuperiority of Juriſdiction and coercion over all Kings and Princes upon earth; and thoſe perſons which take Juramentum fidei contained in the Councell of Trent, (which acknowledgeth this Supremacy) are ſaid to be reconciled to the See of Rome.
But the Church of Rome is nothing elſe but a number of men within the Popes Dominions, or elſewhere, profeſsing the Religion of Popery. So the meaning of the Oath in this clauſe of it, as hee conceiveth, may bee this, You muſt not ſubject the Church of England to the See of Rome; but you may ſubject it to the Church of Rome.
That there might be ſome ſuch ſubtle meaning in the choice of that phraſe, I have ſome reaſon (ſaith he) to imagine, ſince I find in their late Bookes, that they ſay the Church of Rome is a true Church, and ſalvation to be had in it.
Becauſe this Doubt hath Law for its ground (the knowledge whereof properly belongeth to another profeſſion) we would not take upon us to deliver it in our own names, but in the name of that learned Lawyer, to whom we are beholding for the diſtinction of thoſe termes; and if they ſhould not bee rightly applyed to the words of the Canon, or to the meaning of thoſe that made it (wherein hee ingageth himſelfe no further, then probable conjecture; and ſo farre reacheth the reaſon hee alledgeth for it) yet that may be unto us a further occaſion of doubt; and the more we doubt, the leſſe warrant we have for the taking of the Oath.
THE OATH. And all theſe things I doe plainly and ſincerely acknowledge, and ſweare, according to the plaine and common ſenſe of theſe words, without any equivocation, or mentall evaſion, or ſecret reſervation whatſoever.
The 21. DOUBT.
How wee can ſweare to a plaine and common ſenſe and underſtanding of the Oath.21. Particular Doubt.
THE REASON.
BEcauſe we doe not find the words plain, but very ambiguous, as is already evident by the precedent Doubts: nor do we know, what ſenſe or underſtanding of them we can call common; ſince the Oath is new, and is in many particulars ſo variouſly expounded, that yet it is not apparent to us, what conſtruction beareth away the plurality of voices. The Oath then muſt be well expounded before it can bee taken, elſe equivocation will hardly be avoided.
THE OATH. And this I doe heartily, willingly, and truly, &c.
The 22. DOUBT.
What willingneſſe is required in the taking of this Oath.22. Particular Doubt.
THE REASON.
BEcauſe the words [heartily, and willingly] in conformity to the forme of ſubſcription, ſet downe in the 36. Canon, import a plenary conſent, without any grudging or reluctancy of the heart, or will: as, when a man hath a mind to take it, with a freedome to refuſe it; according to the ſaying of Seneca, bSi vis ſcire an velim, effice ut poſſim nolle. Senec. de Benefic. l. 2. c. 18. pag. 281.If you would know whether I be willing or no, leave mee at liberty to be unwilling: but wee conceive it cannot be ſo in this caſe, at leaſt with many of the Miniſtry, who would by no meanes take it, but for feare of the penalty annexed to the not taking of it: and ſo their willingneſſe is no more then ſuch as this, I am willing to take the Oath, becauſe I am unwilling to be deprived of my Miniſtry and Meanes; and ſo to bee undone for refuſall of it: As a man caſts his goods into the Sea in a Tempeſt, leſt himſelfe and they ſhould periſh together.
And then, whether ſhould we not rather be abſolved from ſuch acJuramento meticuloſo fit abſolutio per Judicem Eccleſiaſticum. Decret. l. 2. c. 2. fol. 157. pag. 2. col. 2. timerous Oath, according to the Canon Law (if wee had taken it) then preſſed to take it, when having no heart or good will unto it, we cannot ſay we ſweare heartily and willingly in any other ſenſe then hath been ſaid, without hypocriſie: and conſequently, not without perjury alſo.
Thus much of the firſt part propoſed, which concerneth the Oath it ſelfe; the ſecond part is of the Interpretation of the Oath.