Defensive doubts, hopes, and reasons, for refusall of the oath, imposed by the sixth canon of the late synod with important considerations, both for the penning and publishing of them at this time / by John Ley ... ; hereunto is added by the same author, a letter against the erection of an altar, written above five yeares agoe, and a case of conscience, touching the receiving of the sacrament, resolved.

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 ta∣ken (as this Oath conformable to the Oath ofe 1.1 Allegiance hath it)f 1.2 accor∣ding 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,g 1.3 That the words of an Oath should be cleare and plaine; and if they be any way am∣biguous, the true sense of them should bee so declared and manifested, that all may know it.

As to satisfie the Doubt, which many made con∣cerning

the signe of the Crosse in Baptisme: Or (ash 1.4 Bishop Morton more warily writeth) the Crosse after Baptisme was a particulari 1.5 Canon set forth for de∣claration thereof, and for removall of all such scruples as might any way trouble the consciences of them, who are indeed rightly religious.

k 1.6Some 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 ha∣ving reference to those who impose it, of whose in∣tention we are bound to make the fairest, and most fa∣vourable 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 avoi∣dance 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,l 1.7 That in a Judiciall Court an Oath must be taken according to the common sense of the words:m 1.8 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 con∣trary 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.n 1.9 That the same confession of faith, consisting of the same words and syl∣lables sworne without Authority, if it shall be comman∣ded by Authority, becommeth a new and different confes∣sion 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,o 1.10 That an Oath must be either taken, or refused, according to the knowne intention of him that doth minister it,p 1.11 especially, if it be a new Oath.

To the same sense, though in different words, say theq 1.12 Aberdene Divines: An Oath is to be given ac∣cording 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 in∣tend.

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:r 1.13 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 constituti∣on: and if hee doe so, wee cannot but doubt of it (though it seeme never so plausible) unlesse it bee al∣lowed by the Authority, which chargeth the Oath upon the conscience: For,

First, ass 1.14 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, Con∣fessions, Articles, Constitutions, Catechismes, Liturgies: a tongue not onely to speake the text of her determi∣nation; 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 censure∣able: 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,t 1.15 He offends a∣gainst the law, who cleaving to the words of the law, lea∣veth 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 pur∣pose: as in the late Synod wee see,u 1.16 where the Doubts concerning the benevolence of the Clergy granted to his Majesty, are ordered, to bee deter∣mined 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 didx 1.17 Vega and Soto,y 1.18 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 thez 1.19 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 La∣icks (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)a 1.20 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, un∣lesse by Authority wee were permitted to conclude our Oath with the ancient clause of limitation, viz.b 1.21 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.

Notes

• e 1.1

  In Mast. Dalton his Country Just. pag. 16. edit. 3.
• f 1.2

  Eo sensu accipienda sunt verba Juramenti, quo audientes acceptu∣ros judicamus, & quem habent in communi omnium usu, quia ver∣borum significatio pendet ex ho∣minum usu. Amesius de consc. lib. 4. c. 22 pag. 153. Azor. instit. vol. 1. l. 11. c. 8. col. 742
• g 1.3

  The Minist. and Professours of Aberdene in their generall De∣mands. pag. 14.
• h 1.4

  Bish. Morton in his book of Cerem.
• i 1.5

  Can. 30.
• k 1.6

  In dubiis benigniora sunt praefèren∣da regul. Ju∣ris 55. addit libro cui tit. est Reform. leg. Ec∣cles. printed an. 1571.
• l 1.7

  In foro Ju∣diciali semper est jurandum secundùm communem sensum quem reddunt verba ipsa, & com∣munem homi∣num usum. A∣zor. Instit. vol. 1. l. 11. c. 8. col. 742.
• m 1.8

  Ex communi hominum sententia juramentum in foro conscientiae semper accipiendum est juxta jurantis mentem. Ibid.
• n 1.9

  The Kings large Decla∣ration of the Tumults in Scotl. p. 176.
• o 1.10

  Ibid. p. 177.
• p 1.11

  Ibid. p. 347.
• q 1.12

  The Minist. and Professors of Aberdene in their generall Demands. p. 14
• r 1.13

  The expla∣nation of the Oath in Scotl. in his Majesties large Declar. pag. 328.
• s 1.14

  Bish. Hall in his booke of Christian mode∣ration. lib. 2. sect. 10. p. 109.
• t 1.15

  Is committit in legem, qui legis verba complectens, contra legis ni∣titur volunta∣tem. Regul. Ju∣ris 88.
• u 1.16

  Quòd si in posterum aliqua du∣bia, ambiguitates, &c. oriantur in co casu, omnium hujusmodi dubio∣rum, ambiguitatum, difficultatum, &c. interpretationes & declaratio∣nes fient per reverendissimum in Christo patrem Archiepiscopum Eboracensem, Dominos Episcopos Dunelmensem, Caestriensem, & Carliolensem, aut duos eorundem, quorum idem reverendissimus pa∣ter sit unus. So in the Grant of the benevolence or contribution by the Clergie. pag. 25.
• x 1.17

  Hist. of the Councell of Trent. lib. 2. pag. 216.
• y 1.18

  Ibid. p. 229.
• z 1.19

  Ibid. l. 8. p. 817.
• a 1.20

  Doct. Burges in his Answ. to a much applau∣ded Pamphlet Prefat p. 26.
• b 1.21

  Haec omni∣bus partibus servabo, quibus cum sacra Scri∣ptura, cum Le∣gibus Civili∣bus & Ecclesiasticis hujus regni consentiunt, & quantum vires meae patientur. Reform. leg. Eccles. de Jure, cap. 11. fol. 105. a.