Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed, Part 7
Our REASONS.
FOr this, we conceive, we have both ſolid Reaſons, and ſacred Examples; and thoſe ſuch, as wee preſume your wiſedome and goodneſſe will not diſeſteeme.
Our Reaſons are grounded on
1. Piety.
2. Charity.
3. Equity.
4. Policy.
1. On Piety.
For the firſt: As your Lordſhip and the reſt of the reverend Prelates are men of God, you ſtand eſpecially engaged (as much as in you lyeth) to ſecure your inferiours from the perill of ſinne, whether Preachers, or People: and firſt, for Preachers, to take care that they doe not take any dangerous Oaths.
For which cauſe, Saint Baſil was very zealous in behalfe of Biſhops (ashBaron. Annal. tom. 6. an. 449. nu. 12. col. 83. Baronius ſheweth) that they might not be put to ſweare, in reſpect of the perill of an Oath: and hee prevailed ſo farre as to free them from that perill. And the Councell of Challons was as reſpective of Presbyters, decreeing thus;iThe Councell of Challons. Can. 18. p. 560. Sympſ. of the Church. It is reported of ſome, that they compell the perſons who are admitted (in time of their Ordination) to ſweare that they are worthy, and that they ſhall do nothing repugnant to the Canons: and that they ſhall be obedient to the Biſhops, who ordained them; and to the Church, into which they are ordained: which Oath, in regard it is perillous, we all inhibit, and diſcharge.
And the Triburienſian Councell, having a reſpect both to their credits and conſciences, made a cautelous Conſtitution,kPresbyter in judicio ad jurandum cogi non debet, ſed vice Sacramenti per ſanctam conſecrationem interrogetur. Concil. Triburienſ. Can. 21. an. 895. p. 782. Caranz. edit. 1633. That a Presbyter ſhould not bee compelled to ſweare; but, in ſtead of an Oath, he ſhould be queſtioned upon his holy conſecration (i. as it is probable) in verbo Sacerdotis; becauſe (as the Reaſon is there rendred) our Lord forbade his Diſciples to ſweare.
Object. But ſay ſome, Did not all, both miniſter, and people in the City of Geneva (which many magnifie as the Metropolis of Piety) take an Oath for ſhutting out of Popery, and ſetting up of the Presbytery without all this adoe?
Anſw. They did indeed ſweare to baniſh the one, and to eſtabliſh the other (aslMr. Hooker in the Preface of his Eccleſ. Polit. Maſter Hooker obſerveth) but
Firſt, Is it any good Argument, that becauſe they have ſworne againſt the Prelacy, that we muſt ſweare for it? men by law are not allowed to take contradictory Oaths; and if there bee any Authority in their example, it may ſerve rather to make us doubtfull, then reſolute to ſweare: though wee thinke it might bee more reaſonable to require Geneva to receive ſome Doctrines from us, then wee Diſcipline from them.
As concerning the Sabbath, they of Geneva might have learned founder Inſtruction from our Homilies, then wee frommCalv. Inſtit. lib. 2. ch. 8. Calvins Inſtitutions (though otherwiſe an excellent book) or from the common practice of that City.
Secondly, their Oath was not in ambiguity like ours, nor is ours (as theirs was) regulated by Scripture: For,
Firſt, theynMr. Hookers Prefat before his Eccleſ. Pol. fol. 5. p. 1. ſware in plaine termes, never to admit of the Papacy among them againe; and among them it was not ſo ambiguous, what points ſhould be reputed Popiſh, as with us it is.
Secondly, to live in obedience to ſuch orders (concerning the exerciſe of their Religion, and the forme of Eccleſiaſticall Government) as the true and faithfull Miniſters of Gods Word, had, agreeably to Scripture, ſet downe for that end and purpoſe.
Thirdly, for the abandoning of Popery, they might ſafely and heartily ſweare; and ſo could wee (if an Oath were tendred againſt it, which were not otherwiſe lyable to exception) and for the Diſcipline or Government, the Clergy made no ſcruple of it: for, they propounded it as a certaine preſervative to the purity of Religion; and the people were induced to receive it, becauſe it made them partakers of a new priviledge; and that a great one: for, to one Paſtour were joyned two Lay-elders in the Government of the Church; and ſo their ſwearing was (as the taking of this Oath) by Archbiſhops, Biſhops, &c. a confirmation of their owne Intereſts.
Fourthly, as they made no doubt of the lawfulneſſe of the Oath, ſo were they not urged unto it by any commination of danger: and ſo their ſwearing might be with a free will, not mixed either with reluctancie of conſcience, or with feare of penalty.
Fifthly, the Diſcipline of Geneva is ſaid to bee aoThe Lord Archb. of Canterbury in his Speech in the Starre-chamb. new-fangled Diſcipline, of Calvins deviſing: and it is further delivered, as an undoubted truth,pBiſh. Hall in his ſecond undoubted propoſit. added to his Irrefrag. pag. 6. That no man living, no record of Hiſtory, can ſhew any Laypresbyter, that ever was in the whole Chriſtian Church, untill this preſent age. But the Government by Biſhops is held (by thoſe who propound this Oath) to beeqThe Archb. Speech forecited. pag. 6. of divine right, and to have continued in the Church, rBiſh. Halls book, his firſt undoubted propoſit.ever ſince the time of Chriſt, and his Apoſtles, untill this preſent age.
If ſo, they of Geneva had need of an Oath, to give ſtrength to their new invented Government; and we (without an Oath) might be confident of the continuance of ours, according to the ſound reſolution of the renowned Doctor of the Law, Gamaliel, in the fifth of the Acts of the Apoſtles: If this counſell, or this worke (ſaid hee) be of men, it will come to nought; but if it be of God, you cannot overthrow it, leſt haply yee be found even to fight againſt God, Act. 5. v. 38, 39.
Pope Clement the ſeventh, upon this ground (though miſtaken as in application to the Papacy) grew very confident againſt the feare of a future Councell, as the Authour of the Hiſtory of the Councell of Trent reporteth, in theſe words:ſPope Clem. Hiſt. Trent. l. 1. p. 51. There was a fame ſpread, the Pope would have no Councell, for feare his Authority ſhould be reſtrained: areaſon which maketh no impreſſion at all in him, having his Authority immediatly from Chriſt, with promiſe, that the gates of Hell ſhould not prevaile againſt it: and the experience of former times hath ſhewed, that the Papall Authority hath never been diminiſhed by any Councell; but according to the words of our Lord, the Fathers have ever confeſſed it to be abſolute and unlimited, as it is indeed.
In word rather, or in conceipt at the beſt: and it was conceipt, and no more, that upheld his heart againſt all oppoſitions of his power; And our reverend Prelates have ſo much leſſe cauſe to feare their ſtate (though it be not ſupported by ſwearing) as they have more warrant to build their hopes upon the oraculous ſentence of that famous Doctor.
The other particular more eſpecially reſpecteth the piety of the people, whoſe conſciences are like to be carefully guided by ſuch Divines, as are chary of their owne. Of whoſe Miniſtry (if they ſhould be deprived) it is not like, that generally there would bee found a ſupply to countervaile the loſſe of their religious labours, and exemplary practice, the two chiefe helps to holineſſe of life: and we conceive it a point of Piety, and a caſe of conſcience, worthy of the grave and godly conſideration of the reverend Prelates to reſolve, whether, becauſe in this caſe wee dare not ſweare, God will reject our ſervice in his Sanctuary; if not, why ſhould they?
The ſaying of Wickliffe (though condemned as hereticall in the Popiſh Councell of Conſtance) may (as we conceive, with a little correction) bee made a very Orthodox poſition, and pertinent to this purpoſe: Thus,tNullus Praelatus debet aliquem excommunicare, niſi priùs ſciat excommunicatum à Deo Artic. 11. Wickl. Imputat. in Concil. Conſtam. fol. 437. Concil. Caranz. None ſhould be excommunicated by any Prelate, unleſſe he know him (or rather thus, unleſſe hee conceive him) excommunicated by God: And if ſo, while God is pleaſed (as we hope he is) to accept our endeavours to glorifie his Name, and edifie his Flocke, wee truſt it will not be held any part of godlineſſe with the Paſtorall ſtaffe, to drive any faithfull Paſtour from the fold of Chriſt.
2. On Charity.
Secondly, wee ground our Hopes upon your Lordſhips Charity, whereof the fundamentall Rule in the Affirmative part is,uMat. 7.12. To doe unto all men as wee would they ſhould doe unto us: and in the Negative, not to offer that to others, which in the like caſe our ſelves would not ſuffer. And we doubt not, but your Lordſhip would bee loth that your feare of offence againſt God, and your conſcience, ſhould be ſo ſeverely puniſhed, as by the Canon is threatned to ſuch as are affraid to take this Oath: and if you looke but upon us without reflecting upon your Lordſhips, wee truſt that for this, after our long and ſtudious endeavours in the Univerſity, wherein ſome of us have ſpent our Patrimonies (which might have maintained us in another courſe, without Eccleſiaſticall meanes) after our conſtant and painfull imployment in our Paſtoral charges (even to the tyring out of our ſtrength) after our families are increaſed beyond our abilities to ſupport them, without the meanes wee receive from the Church (and for many of us, wee may ſay but poorely with it) you will not by the diſcharge of this Canon upon us, put us upon the poore refuge of the Canon of the xClericus victum & veſtimentum ſibi artificiolo vel agriculturâ praeparet. Concil. Carthag. 4. Can. 51, 52, 53.Councell of Carthage (made for inferiour and ſingle Clerkes) to labour in husbandry, or manufactures (which your yMiniſters ſhall not give themſelves to any ſervile labour. Can. 75.Canons preciſely prohibit) for our maintenance; ſweare we dare not, digge we cannot: we were no Fiſhermen, nor Tent-makers, or other Artificers, before we entred upon this holy calling, and to begge we are aſhamed: and we may be alſo affraid, ſince by the Law, zThe Complete Juſtice. p. 212. nu. 16. edit. 1638.begging Scholars are no better then Rogues, and ſo to be ſeverely puniſhed, rather then charitably relieved; what then ſhall we doe?
It is a good Rule given to Viſiters by Gavant (ſaith a*Biſh Hall in his ſecond book of moderation. ſect. 9. p. 65. reverend Writer of your owne ranke) that they ſhould be ſparing in making Decrees: and no leſſe profitable to ſpirituall Governours, which Eraſmus relates (out of Gerſhon) that they ſhould not raſhly throw about the Thunderbolts of their cenſures, leſt they ſhould not take time ſufficient to diſtinguiſh betwixt ſuch as are more capable of pity, then of ſeverity; and thoſe who are more worthy of the rod, then of the ſpirit of meekneſſe, to ſpare the one, though they puniſh the other: And wee looke for no leſſe moderation and mercy from your Lordſhip, ſince abThe Gouncell of Challons. Can. 41. Councell adviſeth you thus: It becometh them, who are in eminent roomes, to deale mercifully with their inferiours, knowing that they are brethren.
And while we accompt you (in regard of the gravity, and eminency of your parts and places) Fathers, wee cannot but hope that you will deale with us as with your ſonnes, with acAs for rule, if we affect any but fatherly and moderate, and ſuch as muſt neceſſarily be required, we doe not deprecate to cenſure. Biſh Hall of Epiſcopacy. part. 2. p. 58. fatherly moderation, and not thinke us worthy to bee diſ-inherited, or caſt off, while wee deſire and endeavour faithfully to hold on in our courſe of the ſervice of God, and his Church: And we doubt not, but you will remember the godly and gracious words of your owne Ordination,dIn the book of Ordination. pag. penult. That you have your Authority not to destroy, but to ſave; not to hurt, but to help: eIbid.And that you are to be to your Flocks ſhepheards, and not wolves; to be ſo mercifull, as not to be remiſſe: ſo to adminiſter Diſcipline, as not to forget mercy: and to bee ſo farre from oppreſsing of us, that if wee were oppreſſed by others, you ſhould bee ready to ſuccour us. This is one end of Epiſcopall Viſitations, for which there is a Decree in a Councell of Arles to this effect:
fThe Councell of Arles, an. 813 Can. 17 p. 564. Patrick Sympſon of the Church.Let every Biſhep viſit his bounds once every ye are, and if he finde the poore to be oppreſſed by the violence of the mighty, then let him with wholeſome admonition exhort them to deſiſt from ſuch oppreſsion: and in caſe they will not deſiſt from their violence, then let the Biſhop bring the cauſe to the eares of the Prince.
Nor doe wee conceive our different perſwaſion concerning this Oath, doth repreſent us unto you, as unworthy of your fatherly Compaſsion, ſince he that of late hath ſhewed himſelfe a moſt zealous Patron of Epiſcopall preheminence, expreſſeth a pitifull affection towards the Divines of the Reformed Churches (notwithſtanding many greater differences then this of the Oath) in this ſort,gBiſh. Hall in his Apolog. for Epiſcopacy. part. 1. ſect. 17. pag. 108. We heartily pity (ſaith he) the incompetent proviſion of our forraine brethren, whoſe parts are as eminent as their maintenance is poore.
He whoſe charity reacheth ſo far off, in commiſerating the poverty of forrain Divines, would not ſurely (and wee truſt, many of the reverend Prelates are as pitifull as he) be a meanes to make ſuch miſerable objects here at home, by depriving of ſo many conſcionable Miniſters, as make ſcruple of the Oath, of the due proviſion whereof they are lawfully poſſeſſed: eſpecially, if hee remember the Canon of the Matiſcon Councell, which ſaith,hEpiſcopalis domus ad hoc inſtituta eſt, ut, ſine perſonarum acceptione, omnes in hoſpitalitate recipiat. Concil. Matiſc. 2. Can. 13. That a Biſhops houſe is purpoſely appointed to afford hoſpitality to all that need, without reſpect of perſons.
And that other Canon of Charity, which goeth under the name of the Apoſtles, in theſe words:iSi quis Epiſcopus aut Presbyter Clerico ex inopia laboranti neceſſaria non ſuppeditaverit, à communione rejicitor; ſi perſeveraverit, deponitor, ut qui fratem ſuum necaverit. Can. Apoſt. 58. If any Biſhop or Presbyter doe not miniſter to the neceſsities of a Clerke that is in want, let him be debarred from the communion: and if hee perſevere in his want of pity, let him be depoſed as guilty of his brothers death, in withholding from him brotherly reliefe. Which not onelyonly by the generall duty of Chriſtianity, but by eſpeciall promiſe, the Biſhops of England are bound in conſcience to conſider and beware of,kThe book of Ordinat. p. antepen. & penult. ſince at their conſecration the Archbiſhop asketh them, Will you ſhew your ſelfe gentle, and be mercifull for Chriſts ſake to poore and needy people, and to all ſtrangers deſtitute of help? and their anſwer is, I will ſo ſhew my ſelfe by Gods help. Wherein their bare word for beneficence to ſtrangers is vertually a double bond of ſecurity to their owne, againſt ſuch exceſſive ſeverity, as by that Apoſtolicall Canon is condemned.
3. On Equity.
Thirdly, wee are confident in the Equitable Juſtice of our reverend Governours, that the Commination in the words of the Canon is more ſevere, then the execution of it will be: for, if wee doe offend in forbearing of the Oath, diſtinction muſt bee made by the Decree of a generalllNon in eum eſt animadvertendum, ac ſi voluntariè hoc feciſſet, & de induſtria: meliùs ſemper & clementiùs judicandus eſt ex ipſo hoc quod ex neceſſitate factum perpetraverit. Concil. Anbamen. Gener. apud Dr. Spelmande Concil. an. 1009. tom. 1. p. 516. Councell, betwixt thoſe that of ſet purpoſe offend, and thoſe that offend by a kind of neceſsity: as, where our conſciences put in exceptions as barres, at leaſt as demurres to obedience: and if we deſerve any cenſure in ſuch a caſe, it is not deprivation, which our Eccleſiaſticall Lawes callmSententia deprivationis, quoniam cruenta eſt, & totum hominem conficit tam horribile telum &c. Reform. leg Eccleſ. tit. de deprivat. cap. 4. fol. 79. b. cruell, and an horrible weapon, which deſtroyethor undoeth the whole man: for, that is reſerved nDeprivatio flagitiis atrocibus convenit. Ibid. cap. 1. fol. 79. a. Deprivatio maximis & teterrimis vitiis eſt reſervanda. So in the Chapt. it ſelfe.for hainous crimes of greateſt and fouleſt guilt: which in particular are noted by Duarenus theoDe criminibus propter quae beneficia amittantur, quae ſunt ambitus Simonaicus, Incontinentia, ſi Concubinam habeat, nec eam ritè monitus demittere velit, Perjurium, Homicidium, Perduellio. Duaren. de benefic. lib. 8. cap. 6. pag. 102. Civilian to be theſe, Simonaicall ambition, Incontinency, keeping of a Concubine ſo pertinaciouſly, that the offender being duely admoniſhed, will not forſake her; Perjury, Murther, Treaſon, or ſome other grievous offence (as herefie) which is followed by infamy: where, by pQuod autem de infamia diximus, de ea accipiendum eſt, quae jure ac legibus irrogatur, non de ea quae ex hominum opinione proficiſcitur. Ibid. p. 103.Infamy, hee meaneth not that, which ariſeth from the miſ-cenceipt of men, but that which proceedeth from the ſentence of the Law: None of all which can (with any colour of truth) bee imputed to our doubting, or finall deniall of the Oath, while the dictate of our conſciences induceth us to doe ſo; and, if we ſhould confidently affirme (which ſome of us beleeve) that a Preſbyter is equall with a Biſhop by Gods Law, we could not for that incurre the condemnation of Heretickes: for, though Auguſtine and Epiphanius accounted Aerius an Hereticke for that, yet (asqDr. Whitaker his anſwer to Campian his tenth Reaſon. p. 317. Dr. Whitaker ſaith) few of the ancient Fathers (beſides them) did ſo: and therein (ſaith he) was Hierome altogether of his mind.
Beſides, wee preſume your goodneſſe will take notice, that in Equity and Juſtice they ſhould not ſuffer moſt, who offend leaſt againſt a penall law; and they leaſt, or rather nothing at all, who are moſt refractory to it: which would come to paſſe, if the penalty ſhould proceed, as in the Canon is expreſſed; for, all Papiſts, who are adverſe to our Doctrine in generall (except ſome few egregious Eccleſiaſticall hypocrites) may paſſe unpuniſhed, notwithſtanding this Canon: while Proteſtant Miniſters may bee undone, for refuſing to ſweare to ſome particulars of Diſcipline.
But that wee ſhall not feare, if you pleaſe to looke upon the moſt reverend and religious Biſhops of the Primitive times, who (as your owne Apologiſt hath teſtified of them)rBiſh. Hall in his book of Epiſcopacy. part. 1. ſect. 18. pag. 112. were made all of meekneſſe, humility, and patience: if you be like unto them (and while you take them for your Anceſtors, you ſhould not bee unlike them) you will never make us feele the rigour of this ruinating Canon.
4. On Policy.
Fourthly, in religious Policie you may (with as much advantage to your ſelves as to us) forbeare the urging of this Oath; for, give us leave, wee beſeech you, to tell you the truth (though ſuch, as hope to help forward ſome ambitious deſigne by your favour, ſay otherwiſe) the Biſhops (if they have not added to the number of the enemies they had before) have yet loſt more friends by propoſall of this Oath, and Penalty, then by any Act that is knowne to be theirs: and withall, have thereby raiſed a ſuſpition, that themſelves do doubt their dignity is not ſet upon a ſure foundation. It is cauſe of jealouſie to many, when ſuch as are reputed politicke, are too cautelous in their own cauſe; and for that wasſNovatianus juramentum exegit à ſuis, priuſquam Sacramentum daret: ſic ſuis utriſque manibus manus accipientis prehendens, non priùs dimiſit, quàm hoc jurejurando obſtrinxiſſet: Jura mihi per corpus & ſanguinem Domini te nunquam me deſerturum, nec ad Cornelium reverſurum. Baron. Annal. tom. 2. an. 254. nu. 75. col. 504. Novatianus, the father of the Puritans (though a Biſhop) the worſe thought of (for good Biſhops uſed to exact no ſuch unreaſonable ſecurity for themſelves) becauſe hee cauſed his Adherents to put their hands betwixt his, and to ſweare by the body and bloud of the Lord, they would not forſake him, and turne to Cornelius: And this hee did, before hee would give them the Sacrament; but beſides that, ſuch a forced confederacy is buttThe Patriarch of Antioch, to make ſure worke, bound Prince Reimund by an Oath to be true to him; but friends unjuſtly gotten, are ſeldome comfortably retained: and of his ſworn friend, he proved his ſworn enemy. Mr. Fullers holy War. l. 2. c. 20. p. 69. fraile: By this his Epiſcopacy was the more ſuſpected, to be both unlawfull and ſchiſmaticall. It hath fallen out ſo (whether juſtly, or unjuſtly we will not ſay) in many mens conceipts of the Right and Authority of Biſhops, both ſince, and by occaſion of this ſwearing Canon. And they cannot more readily redeeme their reputation, then by a ſpeedy procuring of a repeale or revocation thereof (as we doubt not but they may) by publicke Authority.
Wherein, if they appeare and prevaile, they need not feare any diſparagement to their prudence, by withdrawing that they have decreed, ſince the wiſeſt Stateſmen, and greateſt Governours have uſed many times, to comply ſo farre with popular diſpoſitions, as to vary their own Acts with relation to their liking, as the Pilot doth his ſailes, to comply with the winds.
And you cannot have a more Authentick example, both to induce you to this, and to defend you in it (from all imputations) then that of our ſacred Soveraigne; who, rather then he would give any colour of complaint for aggrievances to his people, was pleaſeduKing Charles his large Declaration of the Tumults in Scotland.p. 370. & p. 389 to diſpenſe with the five Articles of Perths Aſſembly, and to diſcharge all perſons from urging the practiſe thereof upon any, either Laick, or Eccleſiaſticall perſon whatſoever: and to free all his ſubjects from all cenſures and paines, whether Eccleſiaſticall, or Secular, for not urging, practiſing, or obeying any of them: though they were eſtabliſhed, both by a generall Aſſembly, and by Act of Parliament, as this Canon was not.
And for his owne Acts (for theſe Articles of Perth were propounded and ratified in the reign of his Royall Father) he impoſed the Service book, the book of Canons, and high Commiſsion, upon his ſubjects in Scotland; and upon their xThe Duplies of the Divines of Aberdene. pag. 54.humble ſupplication, was content graciouſly to grant a diſcharge from them, paſsing his Princely promiſe, yIbid. p. 130, 131.that hee would neither then, nor afterwards preſſe the practice of them, nor any thing of that nature; but in ſuch a faire and legall way, as ſhould ſatisfie all his Majesties loving Subjects.
Wherein, wiſe men (who judge of Conſultations and Acts by their probable effects, and not by unexpected events) cannot but highly commend his Majeſties mildneſſe and clemency; which, we doubt not, would condeſcend to your requeſts, for a removall of this great aggrievance, if you would be pleaſed to interpoſe your mediations to ſo acceptable a purpoſe: and upon our humble ſuit (which in all ſubmiſſive manner wee tender) to your Lordſhip (and, by you, to the reſt of your reverend order) we hope you will doe ſo, ſince we have it upon his word (his Royall Majeſties word) which neither in duty, nor diſcretion we may diſtruſt,zThe Kings large Declarat. p. 420. That the Prelates were their greateſt friends (i. of his Scottiſh Subjects) their counſells were alwaies counſells of peace, and their ſolicitations vehement and earneſt, for granting thoſe unexpected favours, which we were pleaſed to beſtow upon our people.
Beſtow (we beſeech your Lordſhip) ſome of theſe vehement and ſerious ſolicitations on our behalfe in this cauſe, and you ſhall not more free us from the feare of this Canon, then bind us in love, the beſt love (which caſteth out feare) to remaine
Your Lordſhips in all due obſervance
End of the text · John Ley, Defense Doubts Hopes and Reasons for Refusal of the Oath Imposed (1641)