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A39570 The bishop busied beside the business, or, That eminent overseer, Dr. John Gauden, Bishop of Exeter, so eminently overseen as to wound his own cause well nigh to death with his own weapon in his late so super-eminently-applauded appearance for the [brace] liberty of tender consciences, legitimacy of solemn swearings, entituled, A discourse concerning publick oaths, and the lawfulness of swearing in judicial proceedings, in order to answer the scruples of the Quakers ... / by Samuel Fisher ... Fisher, Samuel, 1605-1665. 1662 (1662) Wing F1051; ESTC R37345 155,556 170

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outward Penalties to punish and Persecute the Saints who to themselves who are not of the Light and Day but Night and Darkness seem Sinners then they are Condemned in themselves as men not faithful trusty or honest to their yet Erring Consciences about those Lawes of men against Christs Disciples in the Execution of which they dinily Divine they do God service but if they do act according to their own thoughts whilst they think in their Conscience as Paul once did they do God good service when they kill his Servants then they can never flee from that Wrath which is to come upon all the ungodly and Children of Disobedience who are found Rebelling against the Light and revelling in the ruines of its Children which Wrath is no other then the Condemnation of Hell it self the Lake of Fire the due Portion of all the abominable ones which is the Second Death Rev. 21. Rev. 22. The best way to escape this Snare is for all men to take heed which must be by following the Light within of that Spirit of Truth it self which by degrees leadeth all that faithfully follow it into all Truth that the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Iudgement of their Conscience be according to Truth first and then as B. G. sayes truly indeed to act accordingly for while men say they have fellowship with God and do him service yet walk in Darkness besides the Light of God in themselves in which God himself is manifesting his own minde more or less in each mans Conscience they lie and do not the Truth 1. Iohn 1. howbeit there is the most hopes of them that when in the same Zeal as Saul of old they Persecute the true Church of God do it yet ignorantly and in unbelief that all such as have now any hand in Persecuting and spoiling us who excepting that new-nick name of Quakers by reason of which we are not yet known so to be are in truth the self same Church and sort of Christians as were of old Persecuted by Saul and others and in Imprisoning and Impoverishing us through simple ignorance may obtain the same Mercy that Paul did is the hearty wish and true desire of our Souls who can say of such as Christ also did Father forgive them for they know not what they do and with Stephen while they were stoning him Lord lay not this their sin to their Charge But if there be any that believe we are the People of God and yet Persecute us out of meer malice against his Image which they hate having by long Custome and exercise of themselves in murderous and bloody wayes contracted so compleatly to themselves that Image of their Father the Devil who hath begotten them from God and Goodness to the doing of his own will who was a Murderer and a Lyar from the beginning so that now they cannot but contradict the known Truth and blaspheme against the Holy Spirit of it through what Vessel soever it utters it self the Sin of such being evidently unto Death we are not bid to pray for that it having forgiveness neither in this World nor in that to come yet we leave them to stand or fall to their own Master Having in part discovered the Pittifulness of some of those Pious and specious pretences of Pitty and Christian Charity to the Quakers which Bish Gauden makes and under which as under a Vizard he seeks to hide the severity of his Visage we shall proceed to unmask him further by some observation of some other Passages much what to the same purpose in both his Book and his Epistle Bish. He saith in his Epistle pag. 4. Thus the Cudgol Sword Prisons and Banishments Plundring and Sequestrations were the Late Cruel and Flagellant Methods of our most Tyrannous Times which had nothing of Reason Law or Religion to support them but these are not in my Iudgement either the first or the fittest means to Confute the falsities of mens Private Opinions or to rectifie the obliquities of their inconform but Innocent Actions flowing from them upon the account of Conscience and Plea of Religion Answ. By these words Bish. Gauden seems to give his Countrymen and fellow Christians to understand that as the Times are changed so in his Opinion ought to be also the Method of proceeding against the Quakers and other dissenters from themselves and that as we were dealt with then but very unjustly by the Cudgel Sword Prison Banishment Plundrings and Sequestrations proceeding from the Tyrannousness of those Times from men void of Reason Law and Religion so now it ought to be onely by good life and sound Doctrine from such as have true Reason Law and Religion intimating also that the Case is not so desperate as to need any such sharp inflictions seeing it is but to Confute the falsities of mens Private Opinions and to rectifie the obliquities of their inconform yet Innocent Actions unto which saith he there must be more tender and softer applications accounting it no less then even unreasonable and unchristian to follow the Example of Tyrants in such proceedings so that hereby one would think there were some good ground to judge that this Bishop and Father of the Church so called would prove a Tender Nursing Father indeed that did with no small disdain decline all kinds of Cruelty and Persecution yet notwithstanding behold how in the very next words he unsaith in effect all that again in this wise Viz. Bish. It may be as just as necessary to represse by Legal Coerci●…ns and Penalties those Petulant obstinacies which do resist all safter applications and endanger the Publick Tranquility by giving Affro●…ts to setled Religion or obstructions to the proceeding of Iustice by Established Lawes By which words he not onely gives us to discern as Ex ped●… Herculem ex unque Leonem what is his rigid resolution and harsh disposition towards tender Consciences notwithstanding his desire to be counted of a Contrary Complexion but also like an unskilful builder plueks down with one hand what he built up newly with the other for howbeit these words of his are not de sure applicable to us who are called Quakers we having never been found in any Petulant obstinacies nor resisted in any sence all softer applications nor ever yet endangered the Publick Tranquility by affronts yet the Bishop writing the said words with reference to them and falsely applying them de facto to the Quakers whom throughout his Book as well as here he seeds with a Bit and a Knock makes void as well to the Contradicting of himself as to the Interdicting of that Liberty he would ●…ain be believed to allow the Quakers what he himself had said immediatly before so ministreth to us just occasion of Iealousie that by those words of his viz. resist affronts obstructions c. he intends no other then our denyal of Obedience the Bishops meere minds and wills and bare non-submission to such Lawes of men as without wounding and
so much love and Compassion but also much falsness and faithlesness to the Quakers aswell as unsutableness to his Episcopal Capacity and that in these three respects 1. In not putting forth himself in that Interval of time between the Da●…e of the Bill and the Publication of it to use the means aforesaid for our Information which himself confesseth had been suitable to their Profession as Ministers of the Gospel and as Bishops and Fathers of the Church Relations which he also sai●…h carry in them great Obligations to Humanity Charity Ministerial duty Episcopal Vigliancy and Paternal Comp●…ssion to any men especially Christians who are weak or ignorant erroneous in their Iudgement or dangerous in ●…heir actions for ●…o this very day we know of no such rational and religious Courses taken by him or his Brethren to inform us of the lawfulness by Gods as well as by mans Law of imposing and taking of Publick Oaths Yea himself confesseth pag. 4. he hath never had so much as one hours Conversation with any of that way neither can the writing of this his Book with a private and single hand or any thing that is found written therein be truely said as pag. 3. he deems it may to make good such an undertaking for these three reasons 1 Because if there had been any thing it of force to our Conviction yet it is born out of due time for the Act Commencing and that not without his own Consent if the Bishop will believe himself from the 24th of March last past was in i●…s force against us a long time before his Book was Extant in order to our Instruction 2 Because in his whole book he brings no proof at all to justifie the Imposing of Oathes upon any under Penalty All that he pretends to prove any other way then by some few mens Examples which cannot be all mens Rule being onely the lawfulness of taking Oathes And no marvel why he meddles so little with the former since in all the Law of God there is not so much as one Command or Example for the Imposing of any Oath under pains or Penalties to the refusers 3 Because even in that part of his Book where he pretends to prove the lawfulness of taking Oathes in order to the taking away of our soruples as he calls them he hath not medled with any of those Arguments Extant to the contrary in sundry books heretofore written by us but onely gives us his own thoughts on those Texts which we have disproved the lawfulness of Swearing from long ago and would have us take those thoughts of his for truth more from the Authority for ought we see of his Prelatical Paternal Dignity then any weight of right or solid reason that is found in them Now until the said course be taken and that respite the Bishop hath craved from all outward inflictions till the said course hath been taken be granted we appeal to all wise men whether the Bishop hath by his Practice faithfully answered his own pretended desires to the House and whether while he is altogether inexcusable therein himself we remain not as yet excusable in our sufferings Sith the very thing which the Bishop saith must leave us without excuse is the taking of the aforesaid course until which we are excusable by his own Intimation and when the said course shall be taken with the Quakers by the Bishops who have never yet so much as given way to discourses with them then the men who as the Case now stands are deeply and doubly guilty in runing violently upon them will at least be more excusable and less guilty than now they are in their proceedings with them according to the rigor of the Act. In this respect in which also the Bishop cannot but stand Condemned within himself viz. in that quite contrary to the Confessed Constitution of his own Iudgement and Conscience by which he stood by so many Arguments convinced cleerly to the contrary Even that the way which was beyond all controversie the best way at least to let the Quakers alone some time as to the Execution of those Penalties upon any of them as offenders till some rational and Religious Courses were taken with them he hath condescended so far below the Call of God in his Conscience as all Evidence and Counsel to the contrary therein notwithstanding to give his own Personal and Ep●…scopal Consent to the passing of the Bill and consequently to the Execution of all those Penalties upon them all as offenders unlesse he will rather say he consents to have them suffer that Imprisonment Impoverishment Banishment the Act inflicts not at all as offenders but as Innocent as elsewhere in effect he does and so mends his matter as much as one that makes it much worse then it was before before it was possible for such means to be used as himself affirms ought to be the first and judges every way to be the best and fittest for Information Here the Bishop is far from teaching facienda faciendo from Justifying the Real Truth and soundness which was in a great part of his Doctrine to the House by his own Example no marvel then though it found some acceptance among many that it was seconded with so little Successe as it was among the most who acted contrary to it whilst himself was found so easily drawn aside to side in such a Practice as was utterly contrary to his own Professed Principles For what wise men will give heed to follow the wind of that mans words and wisdom in whom they see while he yet speaks so little stability he is ready to row one way whilst he looks another and willingly to assent to act against his own Opinion and assertions for thus the Bishop doth in the Case in hand he sets himself in at least a seeming Zeal of Moderation towards the Quakers to stir up others to Compassion and Patience to them yet is himself so Incompassionate and Impatient as to consent to the ruine of them in all haste before the means of his own prescribing and that Previous Method of Christian Charity and Meekness of Wisdom recommended by himself to be used first under so many weighty reasons and Considerations and such as are of force not with himself onely but many Lords Temporal and some of his Brethren also were used to them And here we say how ever he covers himself over with the Figg-leaves of many fair Forms of speech about his Pitty and Christian Charity he discovers in very deed not onely a Spirit of uncharibleness Cruelty Malignity and Enmity but also of deceit falshood and unfaithfulness to God and Men Sith by his own Confession of his previous intimation thereof to the House we understand his consent was given to the passing of the Bill against us For if the Bishop had judged it either reasonable or seasonable for the Bill to passe against us when it did he might more excusably have acted according
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 THE BISHOP BUSIED BESIDE THE BUSINESSE OR That Eminent OVERSEER Dr. Iohn Gauden Bishop of Exeter so Eminently OVERSEEN as to wound his Own Cause well nigh to Death with his Own Weapon in his late so Super-eminently-applauded Appearance For the Liberty of Tender Consciences For the Legitimacy of Solemn Swearings Entituled A Discourse concerning Publick Oaths and the Lawfulness of Swearing in Iudicial Proceedings in order to answer the Scruples of the QUAKERS Which singularly double Discourse is in the Two Parts of this following Animadversion of it both seriously and singly Discoursed with and Discovered to be Not more Pretendedly AGAINST Persecution for Conscience Than Really FOR it Nor more Intentionally FOR Solemn Swearing among Christians Than Effectually AGAINST it By Samuel Fisher Prisoner in Newgate for the Truth of Iesus Quis non Ridet Qui non Videt Suo Se Iugulavit Gladio Evangelica Veritas non recipit Iuramentum Hieron Non Oportet ut Vir qui Evangelicè Vivit Iuret Omnino Chrisost. Printed in the Month called August in the Year 1662. TO THE READER READER TO say nothing here how far the Bishop's Book which this relates to as an Answer fall's short of that Beauty and Strength of true Religion spiritual Sense and sound Reason it pretends to which it scarcely seems in some parts of it to have so much as the ordinary Lineaments and Symmetry of at least in our Apprehensions who are wholly strangers save that we see it in sundry of those Polemical Pieces that by the Parochial P. P. Priest's of all the three Postures viz. Papal Prelatical and Presbyterial have been put forth against us and that Eternal Truth of God still testified to by us to any such Self-subverting Sermons and unsaid Sayings as the said Book consists of Had we discerned in it any considerable weight of Argument or Sufficient Evidence to Evince the main point undertaken i. e. the Lawfulness of Swearing to the Conviction of our Consciences we should very likely either in Print have signified our Subscription to it or else have sate down in silence and thereby at least signified our Satisfaction And even as nothing as it is to its propounded Purpose we could but that we must say for Truths sake with him of old who of a Priest was made a Prophetical Reprover of the Priests Ierem. 15. 10. Wo is me my Mother fon thou hast born me a man of Strife and Contention to the whole Earth be very well contented to be silent rather than to be found ore and ore again contending with every new Opposer of those Old Truths the Old Encounterers and their most Critical Encounters of which have been profligated by us long ago Moreover to let pass those other disadvantages we adventure upon of Caeteris imparibus our present Low Streitned Imprisoned and in a manner Condemned Con●…ition by reason whereof as Damnati Lingua vocem habet vim non habet so we may expect our Words how true soever should gain but small Credit against the Bishops we have so much the smaller Encouragement to reply at this time sith by so doing we expose our selves to the Lash and Severity of a sharp Law some of the Executioners of which are in their blind Zeal and malicious Minds far more Rigid Sharpe and Severe in their Hyperbolical Prosecution of it then we are yet apt to believe the most Supream Enactors of it ●…ere at their Enacting it in their Intentions All which notwithstanding for as much as the Internal Eternal Truth of our God which we have known received and belived is very pretious honourable and of great esteem with us yea far more than either Life Liberty Estate or any External Treasure or Enjoyment whatsoever and considering how it lies at stake so in this Case that our Total Silence might not unlikely be mistaken for consent and how apt some are to deem all their Aspersions of us Assertions and Arguments against us to be owned and assented to by us if they be not answered though else it might have been more Prudential as to the expedience of our Liberties and Estates to have forborn in such a Juncture we could do n●… less in order to the clearing of our selves from the c●…lumnies which continue to be oast upon us by both Priests and People of different Principles and Perswasions and the clearing of that Truth we hold forth both more generally as concerning the Light and more particularly as to the Case of Oaths about which we are so angrily contested with than enter our dissent in publick in such wise as in the Book ensuing Which Book in both the Parts thereof into which it stands divided respectively to the two sorts of matter which is handled in the Bishops viz. that about Liberty and compulsion of Conscience and that of Swearing before Courts of Judicature is devoted Reader to thy most serious and impartial Perusal that thou mayest see how the Bishop in the self same Work wherein he labours earnestly to bring all men to be Conformitants to him is found a most egregious Non-couformitant to himself For in his Epistle and in the former part of his Undertakings which is more positive this Bishop seems in very many passages of it to be much what of the temper of his quondam Predecessor in the same See and Reasons much against the Inhumanity Anti-christianity Uneffectualness Unsafeness Unlawfulness Tyrannousness Irreligiousness Unrighteousness Unreasonableness of meer Plagiary Counsels Punitive Courses Sharpe Penalties Flagellant Methods the Cudgel Sword Prisons Banishments Plunderings Sequestrations and such like as if he had indeed so much Native Candor and true Christian Charity as did constrain him after the Genius of Primitive Christians who were never exercised in the Inflictions of any such as Carnal as Cruel censures on the outward Man whereby to convince the Conscience he did utterly abhor and detest all such doing's upon the score of Region only Nevertheless considering not only various Passages intermingled among the above said matter standing as it were diametrically opposite thereunto wherein he pleads the Destructiveness and Injuriousness of lenity and no less than even a necessity of the use of such Severities more or less to the most modest and moderate Dissenters to the Peace Safety and happiness of the Community but more especially considering his confessed consent to that acknowledged unseasonable issuing out of that Act for the Non-toleration Coercion Compulsion of the Quakers themselves whom he deems to be the Innocentest of modern Dissenters together with such other concurrent Circumstances as are onely thus hinted at here seeing they are more largely handled in the Book it self to which the Reader is hereby referred saving all his fair and formall Shews of so much Favour and Facility to tender Consciences as he would fain seem to be found in his charitable Endeavours as he calls them do more truly tend what ever they pretend to to the Re-establishing than to the total
Removing of that Antichristian Yoak of Persecution for Conscience complain'd on and cried out against by the Bishops themselves as well as others when they felt the weight of it from off the necks of Christ's truest Disciples whom for as much as their Possessors slay them and hold themselves not guilty yea count and sell them all the day long as Sheep for the Slaughter and then say Blessed be the Lord for I am Rich yea their own Shepherds pitty them not Christ Jesus therefore the great Shepherd and Overseer of their Souls to whom they are now returned from whom they once ment astray after the other who fed them in the barren places of the Forrest and drove them from Mountain to Hill in their dark and gloomy Day will most assuredly feed and gather and destroy that Yoak from off their Necks and that heavy Burden from off their Shoulders by means of the Anointing And as to those Shepherds among whom the Poor of his Flock are as the Flock of the Slaughter I will eat the Flesh of the Fat saith the Lord and tear their Claws in Pieces yea I will destroy the Fat and the Strong and feed them with Judgement so that that which dieth let it die and that which is to be cut off let it be cut off yet those three S. S. Shepherds whose Soul hath abhorred me saith the Lord and my Soul loatheth them I will cut off in one Month They have been as a swift Dromadary traversing her way as a wild Ass used to the Wilderness snuffing up the Wind so that in her occasion none can reverss her yet in her month she shall be found They have dealt treacherously with the Lord they have begotten strange Children now shall a month destroy them with their Portions Ezek. 34. 16. Hos. 5. 7. Zach. 11. 8 9 16. Yea this we say in the Lord their Feet which stand on slipery places in the Dark shall slide in due time and the things that come upon them make haste and by how much the more in their Subtilty by giving goodly Words they deceive the hearts of the Simple and seek to seem more fair and favourable than in truth they are to implead all Persecution whatever even Doctrinally and yet practice it by so much the sooner will Wrath and Ruin be upon them suddenly from the Lord and so much the sorer and Sharper will the Stroak be when the Lord once shall arise to smite them with the Rod of his mouth and to rebuke with Equity for all the meek of the Earth Indeed it cannot be denied but many of their words are soft as Butter and smooth as Oyl yea Speciem Agninam pellem Ovinam pre se ferunt yet Intus in cute Mordent Even while they cry peace if men please them not so as to conform to whatever constitutions are according to their own coveteous Conceptions they bite with their teeth and prepare War against them by speaking out the proud things that are in their hearts proudly contemptuously and disdainfully against the Righteous thus under a shew of serving them secretly shooting at the sincere Servants of God so as we may say truly they are for a toleration in all cases excepting wherein they are against it and against all Persecution of tender Consciences those cases onely excepted wherein they are for it In a word they bait us with now a bit and then a bite kill us with a kind of cruell kindnesse cal d Christian Charity and as he of old who in more spite then Real pitty with a Complement commended Christ to Condemnation so do they at this day who under a feigned face of friendship in the persons of his People betray him into the hands of his open Adversaries with a Kisse But such Linsey Wolsey webs as these will never become Garments wherewith to hide their inward Enmity against the Truth As for the last Part of the Doings of this Bishop with whom we have here to do wherein he is more Argumentative for that Solemn Swearing now us'd in Judicature what litle strength he is likely to appear in for it who himself sayes so much against it as Bishop Gauden does let the Reader Iudge by his own and other Authors sayings by him cited and here recited to that purpose Viz. Evangelica veritas non recipit Juramentum Hieron The Gospel verity doth not admit of an Oath Non Oportet ut vir qui Evangelice Vivit Juret Omnino Chrisost. It is not meet that a man who lives according to the Gospel should swear at all Rarus apud veteres jurandi usus in Judiciis sed crescen●…e perfidia Crevit Juris jurandi usus In the better and simpler ages of the World Oathes were seldom used in Judicatures but after that perfidy and lying increased the use of Oathes increased Bishop Gauden out of Polibius There was no need of an Oath among Primitive Christians it was security enough in all cases to say Christianus sum I am a Christian Bishop Gaud. p. 4. Christians truly such need no Oathes in publick or private Bishop Gaud. p. 23. Nor can credit be given any more then to a lyar to any man that swears never so solemnly and in Iudicature who is a common swearer and hath no Reverence of the Majesty of God Bishop Gaud. p. 17. Certainly the affairs of Christians both publick and private would be no lesse to their honour and ease if there were in no case any need or use of Oathes or swearing but onely such an Authentick veracity and just credulity on all sides as might well spare even the most true sincere and lawful Oathes keeping on all sides as great a distance from Lying as from false swearing Bish. Gaud. p. 22. Quis legit Haec c He that can read all this need not go further then Bishop Gauden to find matter wherewith to Answer Bishop Gauden concerning the unlawfulnesse at least the needlesnesse of any swearing To conclude then for I am in an Epistle only here and not in the Book it self as it 's an ill Bird as the Proverb speaks that bewrayes his own nest so it 's an ill Wind that blowes no body no profit and so though the whirl-wind of the Bishops Doctrine wherein he whiffles to and fro in and out and sometimes round about cannot well serve his own ill turn against the Truth testified to by the Quakers yet 't is one good turn at least that it doth very well serve the Quakers wherewith to serve the Truths good turn against himself SAM FISHER The First PART THere being a Book lately put forth Intituled A Discourse concerning publick Oaths and the Lawfulness of Swearing in Iudicial Proceedings by Doctor Gawden Bishop of Exeter Written as he saith to answer the Scruples of the Quakers we having seriously perused the said Book with an upright Heart and impartial Eye to the end that we might own what is good in it and refute or at least refuse what is
Evil not being espoused to any Opinion or Iudgment but what carries Demonstration of Truth with it unto and upon our Consciences it being our Principle to keep them alwayes void of offence towards God and towards Man do here profess in the sight of God and all men that notwithstanding what ever is therein written to the contrary our belief is that Christ's and the Apostles words Mat. 5. Iames 5. who say Swear not at all by Heaven nor by Earth nor any other Oath c. are still to be understood as formerly upon occasion we have declared and do now again declare in this our return and reply to the Book aforesaid not out of Obstinacy and Wilfulness but Duty and Conscience to God and his Truth which is dearer to us than all we have to loose for the sake of it for as we had no scruples in our selves before his Book came forth as the Bishop supposeth we had about Swearing in order to the resolution of which he pretends to write being sufficiently clear in our Iudgements against it So we have met with nothing in our serious perusal of this Bishops Book but what hath rather contributed to the strengthning of us in our former belief and perswasion than in the least either to the shaking of our Confidence or the convincing us of Error in this our Way and Practice of denying to Swear at all The Insufficiency of the Book aforesaid of the Matter therein contained to convi●…ce us or any that sincerely seek the truth in this particular appears to us and may appear unto any who are impartial both by the sundry Confusions and Contradictions that are to be found in it to it self in more points than one and also by the weakness of the Arguments thereof to evince the thing pretended to both of which we have here with as much brevity and plainness as might well be presented to publick view in such-wise as hereafter followeth I. Whereas the Bishop promises very many things in order as he supposes to the better understanding of these two T●…ts after his way of 〈◊〉 it may not be amis●… for us to take some notice and make some useful observations of sundry of those precedent passages both in his Book and his Epistle to it which for orders sake we shall consider of under those three general Heads into which he seem●… to have moulded all that matter of his Book which is ante●…dent to his Discourse concerning Swearing viz. First his Christian Charity to the Quakers Secondly his Pitty to the Quakers Thirdly his Commendations of the Quakers In each of which it 's not uneasie both to discern and to discover him to be more Pretended then Real yea more Uncharitable Abusive Ironical and Condemnatory than either truly Charitable or Compassionate or Commendatory towards the Quakers Yea we cannot but see unless we will close our Eyes how a vein of Scorn Reproach Defamation and Contempt Persecution and Spoile ●…ns along throughout both his Epistle and all the fore-part of his Book notwithstanding the most faire and specious Pretences of it to Pitty Compassion Mercy Moderation Commiseration and Commendation and howbeit it guilds and plaisters it self over in many places with some seeming shewes of Love Bowels to and applauses of the Quakers and those tender termes of Lenity Facility Gentleness Humanity Cand●…r Christian Charity c. superficially sprinkled up and down here and there as a vail upon the face of it yet it goes no●… so disguised but that there are Eyes which through all those thin Tiffany Pretexts see clearly such a frowni●…g Face and course Complexion such a sour visage of Severity Rigor yea and Cruelty it self as in case of Immedicabile vulnus the Quakers non-conviction of that for truth which they have tried the truthlesness of already by a surer Touch-Stone than that of the Bishops Traditional talk or in ca●…e of Non-submission even against Conviction which himself confesseth would not be pleasing to God to the Bishops bare Conceptions upon a Text or two when once held forth to them by him so or so interpreted as to some un●…rring Cano●… por quem cuncta prius tendand a could heartily wish notwithstanding the 〈◊〉 voice of Iacob that the ●…ough hands of Esa●… might be laid on to no less than very Amputation and Abscision For first as to that point of Liberty of Conscience which in his Epistle and the first part of his Book also he treats much about though he would be thought to be in his Pitty and Christian Charity ●… pleader for it at least on the behalf of those Poor Silly Quakers as he 〈◊〉 terms them as if he were indeed some Compassionate Moderator of mens ●…rathful and hasty Spirits towards them Yet considering how like the Lizard which what ever good prints he makes with his Feet on the Sand when he runs dashes them all out again with his bushie Taile that comes behind this Charitable and Pittiful Bishop interlines his Pitty and Christian Charity with so much Unchristian Antichristian Cruelty so many Corrosives among his Cordialls flings so many Firebrands after his favourable Fomentations and seconds his lenitives with so many sharpe and supercillious lancings all he utters to the mollyfiing of mens Minds and Manners towards us amounts to as much as if he had said just nothing His Charity and his Pitty also for the expression of which and his paines therein though he expect it not as he sayes because of out Ingratitude yet he seems to himself to have deserved thanks was expressed as the Bishop himself intimates in that his Intercession for us to the House of Lords not obliged but unspoken to by the Quakers before the Exhibition of the Edict against us●… that it might be forborn till some course might be taken for our Information Secondly In this present course of putting forth this his Book in order to such an Information of the Quakers as aforesaid Which first way of the expression of his Charity is by himself testified to pag. 1 2 3. in these Words Bish. Finding lately in the most honourable House of Peers that a 〈◊〉 was likely to pass in order to punish with great Penalties those English Subjects who under the name of Quakers shall refuse to take as other legal Oaths so those which are usually required in Judicial Proceedings c. I was hereupon bold thus far to intercede with that honourable House in the behalfe of those poor People who are likely to fall under the Penalties of the Law that I craved so far a respite for some time as to the Execution of those Penalties upon any of them as Offenders until some such Rational and Religious Course were taken 〈◊〉 might best inform those men of the Lawfulness by God's aswel as Man's Law of imposing and taking such publick Oathes that so answering first their Scruples and fairely removing their Difficulties either they might be brought to a cheerful Obedience in that particular or else be
not block up the way for ever unless unreasonableness it self must make the way against Turks and Heathens ever rejecting their own false Religions for the true one Sith every man who shall come to be any further enlightned in the Truth than the dark Body of the whole Nation he belongs to must stop his mouth from ever declaring it in order to the Illumination of others and say as that Divine Heathen or Prophetical Poet of old who rebuked the rude manners of his Generation at Rome Me mutire nefas nec clam nec cum serobe nusquam Fourthly Whether the Apostles who very roughly reproved the religious Superstition of the Iews which their then King and Country also did profess calling them stiff necked and uncircumcised resistters of the holy Spirit calling the High Priest now out of date though supposing himself to stand then by divine Institution as those did before Christ crucified whited wall stiling the circumcision the concision preaching against the Prohibitions of the High Priests and their threatnings of them for speaking in the name of Iesus from whence often tumultuousnesse was occasioned though caused only by the Malice of the Priests themselves still stiring up their People to strife and wrath against them were truely to be counted what by the Priests they then were counted and as we are now by the same Generation viz. so insolent and seditious in their Expressions as to be the Causers of Tumultuous and violent Actions whether they were truely counted Unreasonable ru●…e Blasphemers and Reproachers of the Religion of their Prince and Country And Fifthly Whether this Bishop himself and such of his Brethren who count us as such for doing no other than the very same in the same Spirit and Power would not have counted the Apostles so then as the High Priests then did had these hapned to have lived in their times and in the Religion of their Prince and Country But no marvel if great Penalties be called for against men as seditious and tumultuous who but that they are so nicknamed are more peaceable People than their Accusers where only Self-interest Self-safety and outward Security in Prosperity are sought after But why had we not this mans mind herein before it may be thought surely that either this that n●…w is so was not his mind in the late times he speaks of or else that those times not favouring the Episcopal Religion so much as these do he had not then so much Zeal for it as now he hath being made a Bishop himself nor so much courage as to bear witness to it and appear so eager against Dissenters from it as now he doth in the juncture of these late times of his own exaltation And no marvel there is such a loud cry for the suppressing under penalties to Dissenters of both their Pulpits and their Presses for then all that is either Preached or Printed by the Clergy alone may pass for truth without reply controul or examination and so that People whose principle it is aut solus aut ●…ullus to stand alone or not at all may all others that pretend to it being removed out of the way have alone that title of Christs and the Gospels Ministers for they usually win all in the dispute who have none to contradict them but themselves Nevertheless how suspitious the truth of that Religion and its Ministry is that fears reproof and is loath to stand the Tryal by whatever in preaching or printing may never so openly appear against it all such may easily discern who know that Truth seeks not to creep in corners And how far from the true one that Religion is that by violence oppresseth others the Bishops own forecited Words tells us in which he saith It was the genius of primitive Christians to abhor all Severity and Rigors onely upon the Score of Religion c. out of whose practice they must needs be found who seek contrary unto that which he calls Christ's golden Rule of doing to others as they would by others be done unto to cause men to become Christians by compulsion and to oure such as are made Offenders only for not being so by cutting th●…s off from their common Priviledges as men and to conserve the publick Peace by that common succes●…ess conserve of publick Persecution Bish. There are but those four wayes of treating any party that dissents from the publick Establishment of Religion and its Laws in any Church and Kingdom First either to Impoverish Imprisan Banish and Destroy all Dissenters as the King of Castile did the Moores of Granada which is a very rough barbarous unwelcom and unchristian way disallowed by all Wise Men of all perswasions Answ. Turpe est Doctori cum culpa rederguit ipsum That there hath been no other way of treating us as Dissenters but this first way of the four which is as yet also likely to continue is evident enough by the Act 's commencement against the Quakers on the 24th of March so called long before the Bishops Book which he may possibly call a more gentle way of treating came forth in publick which Book had it been the f●…test yet therefore was not the first sith it comes and so to little purpose so long a time after the other Which way of proceeding by Impoverishment Imprisonment ●…anishment which is the very way of the Bill to the passing of which he hath consented 't is so much the more shame to him that he did consent seeing he here also passes so severe a Sentence on it as to compare it to the King of Castiles destroying the Moores of Granada which himself condemneth as a very rough Barbarous unwelcome and Unchristian way disallowed by all wise men of all perswasions And we also appeal to himself and all wise men of all perswasions whether as he consented to that very thing he here so much Condemneth so he hath not greatly Condemned himself as one Acting and so sinning against his own Conscience and so against God the very contrary to which he commendeth the Quakers for in his so consenting and whether he doth not in his Sentencing the Quakers to distruction by Fines Prisons Banishments Sentence himself also to be both Cruel Rough Barbarous Unwelcome and Unchristian and unlike to all wise men of all perswasions and also contrary to that Charitable Method and Temper as he calls it of those Ancient Fathers of the Church Irenaeus Turtullian Cyprian Austin Prosper Cyrill Hillary Optatus Ierom and others guided by the Word and Spirit of God who as he saith never used any other means but the Sword of the Spirit the Word of Truth in Meekness of Wisdom and did not call the severity of the Secular Sword to their assistance as many now do before or until they found that depraved Opinions put men upon desperate Actions which as yet neither hath nor can be justly charged upon the Quakers so that here is a Cloud of Witnesses all added by himself
Christians Christs own Disciples or in his true Church 5. By way of proof and not by meer affirmation onely or bare position 6. This proof not by way of meer probable Argumentation only but by way of plain Scriptural evidence and Scientifical demonstration that is able to give an infallible eviction 7. This Scriptural demonstration from the Scriptures of the New Testament not of the old onely 8. Any thing in any Books put out out by the Quakers or in those two Texts Matth. 5 Iam. 5. to the contrary notwithstanding 9. Such as must succeed so as effectually to produce its immediate end viz removing all difficulties such clear conviction and infallible satisfaction to their Consciences as actually leaves them without any doubt cloud or exception in themselves against the truth of the thing imposed and to be practised 10. Or else in case of non-conviction or of non-submission against conviction after the Bishop's so full and effectual endeavo●… of their information denominate them undoubtedly such wilful resisters and obstinate offenders against the Law as fall and that so 〈◊〉 〈◊〉 the severe penalties thereof as to he left in their sufferings without Plea for themselves and without any just Excuse before God and Man These being the particulars of the Bishop's professed Work it remains now that we onely take some account of the residue of his Book how accordingly he hath accomplish'd it which if it appear to right reason that he hath God forbid that we should wilfully deprive our selves of that Religious Liberty is left us and obstinately refuse that which is not onely lawful for Christians to use but as the case stands prudentially necessary 〈◊〉 the expedienc●… of our Lives outward Liberties Estates gond 〈◊〉 and enjoyments but if otherwise it be so that our Bow like Ioseph's at least abides in the same strength it did before however the Arch-Archers of all have shot sorely at us to the wounding of our reputation among such as are apt to be more ●…way'd by the Bishop's proofless positions than by the Quakers evident demonstrations and that our Testimony heretofore given stands extant in the for●…●…d ●…d vigour as before then what ever others do and what ever the contray cost us God forbid that we should turn aside from following the Lord so as to lead Truth and Reason captive after mens 〈◊〉 conjectures and conceits and not suffer violence quietly without violent resistance under the Laws of men rather than do that which the Bishop sayes p. 10 11. no man may do i. e. act contrary to those dictates we judge or but suppose to be Gods and sin formally and maliciously against but appearing principles of Truth and so wilfully rebel against the Truth or but supposed Will of God whose ●…ly Will shining on the soul in Reason or Religion seeming or real is indeed the present Rule of Conscience which binds so far a●… it represents though in a false glass and though it err as to the truth of the Rule and so violate both our own Consciences and his Commands to whom we Christians owe the highest love Loyalty and obedience First then as to the lawfulness of imposition of publike Oaths under penalties in Iudicial Proceedings he professes it's fit p. 2. we should be informed thereof before we suffer as offenders by the Law of God as well as Man But we profess we cannot find throughout his Book any proof at all for imposing Oaths under penalties unless he should count upon his instancing in Abraham Iacob Ioshua David and others requiring or desiring an Oath of 〈◊〉 they entrusted but not under penalties which is not demonstrative neither being drawn but ab exemplo from the example of 〈◊〉 and that under the Law too whose practice in many things or indeed in any thing though they were good men is not our Rule but God's own Precept under the Gospel whose permission of sundry things then is no commission●…or ●…or the doing of the same things now whereupon if there were any ground from which to prove it lawful for Christians now to swear in some cases with a good Conscience that 's far from justifying it as lawful in Christians by penalties to force other Christians to swear against their Consciences in Courts of Iudicature so that therein he hath done his work but by the halves 2. As for that kind form or manner of poenal imposing and taking Oaths in such cases and places as 't is now used in and so strictly pleaded for by our English Professors there 's not one inch o●… evidence about the warrantableness of that although it 's not onely possible but exceeding probable that thousands of people if they were well satisfied as to the thing in some form or other of it which the Powers Priests and People of this Nation call Swearing though the Qu. do not so call it who can never with good Conscience to God conform to those many cumbersom customary superfl●…ous fidling formalities of handling fingering kissing of a Book with so help me God and the Contents of this Book and suck like by which meer ceremonious accidental odd petty practises postures and gestures as by the substantial and essential form thereof they at least must be supposed to define an Oath who confine men so to them as that they will punish them as not swearing to their satisfaction though offering that which is ten times more Evangelical and Substantial as I call God to record upon my soul or I speak as in the presence or in the sight of God or I speak truth before God and lye not my Conscience bearing me witness d●… in the sight of God or God is my Witness or some such solemn form of Words as may be suggested to the person at the time of his Attestation unless the other adventitious inventious forms aforesaid of touching or talking by road after some Clark or Cryer be conform'd to yea which makes the matter the more either renownedly or ridiculously remarkable on the part of those Rabbies by whose Opinions some subordinate Rulers are in this point irregularly ruled though they almost in all their Boo●… tell us that an Oath is no more than a calling God to witness as a special honor or appeal to him yet if we who do not count it swearing by God to call God to witness any more than it is swearing by a man to call a man to witness unless there be such a form of speech us'd as to say By God and then that 's an Oath whether by God by man or by any other creature as by Heaven by Earth c. if we say God is my Witness I speak before God I appeal to God I call God to record or such like not stinting nor limiting our selves syllabically to those very monosyllables onely of Yea Yea Nay Nay which words the Bishop sayes p. 31. but on his own head or by hear say onely for it 's not so the Quakers so much affect to use
against swearing p 39. that they would not swear in Iudicature any more than out of Iudicature for Iosephus sayes of them That whatsoever they say is firmer than an Oath and to swear is among them counted as a thing superfluous This the Bishop might have noted in that Book call'd the Antidote as well as many more matters which by sundry passages of his Book it seems to us ●…e hath read there save onely that he is loath to seem to cite any thing out of our Books lest thereby his weakness in not answering them should the more bewray it self And perhaps what we quote out of Iosephus in English he to hide both himself and it quotes in Greek both in the 22 and 24. pages of his ●…ook 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iosephus de Essenis And now it comes under consideration since the Bishop states the case upon those Terms of Swearing in Iudicial proceedings as if he were 〈◊〉 really so he seems to be sometimes and sometimes not again 〈◊〉 against all swearing whatever whether rash or serious prophane or solemn private or publike save onely in publike Iudicature or Iudicial proceedings We have often marvelled in our selves to see the Bishop state his Question so narrow concerning that by which he entitles his Book on the top of every page from one end thereof to the other●… viz. the Lawfulness of Swearing in Iudicial Proceedings and yet wanders so wide off from it a●… he does in his Disputation for it For he comes not whatever the matter is so much as near any proof of the warra●…tableness of such kind of Swearing but all that p●…tty proof he puts forth at all for the lawfulness of present Swearing if it were of weight to warrant any swearing at all is more pertinent to prove the lawfulness of Oaths in private ordinary conversation and common communication than of Oaths in publike Courts and Consistories in order to judicial proceedings there Indeed if by Courts of Iudicature he should mean as we see not how he can the Synodical Councils of Clergy-men in inferior Ages 'T is true he tells us of Oaths imposed and taken as in the 〈◊〉 the Ephesine Council 't was so and so ordered and in the sixth Synod of Constantinople Yea nor did any Canons of the Church saith he p. 44. forbid such swearing Yea we read of old saith he p. 45. some condemned by the Orthodox part of the Church for this error that they denied all swearing to be lawful And we know th●… Bishops that were so backward as Basilius was at Calceden to be done to as they did to others and looking on themselves to be priviledg'd to the contrary unwilling to take and be imposed upon in the point of Oaths were ever or else were not like their wonted selves free and forward to impose Oaths on others and to bind that heavy burd●…n upon other mens backs which they were not willing to touc●… with the least of their own fingers But what 's all this to us as to convince us of the warrantableness so to do because those men who call'd themselves the Orthodox still as they sa●…e at the 〈◊〉 condemned of old all others as Heterodox that did not dance after their Pipe and sing to the same Tune with them in swearing and every thing else when they had once got up into a 〈◊〉 Lordly Dominion over mens Faith And what is that consonant Iudgement of those mordern Eminent Divines as he Calls them of the Romanists as well as Reformists agreeing against P●…rjury and Pr●…phane Oa●…hes and yet assenting to the Lawfullness of Iudicious and Solemn Swearing and not thinking them by any positive Law of Christ become unlawfull what 's this in respect of the Quakers satisfaction who know hundreds of things wherein as much as they fall out and fight even to blood with each other about their fan●…ied Formalities they all agree against the Light of God the Power of Godliness and the very appearance o●… the ●…mage of him in his holiness who is the substantial Truth it self We say what is that 〈◊〉 rather Tri 〈◊〉 Ecclesiastical Authority agreement of the Clergy to the Quakers whose Faith standing higher than the wisdom and thoughts of men cannot as the Bishop both thinks and sayes truly enough p. 41. 45. value them not much be moved by any such Engine so as to lead their Faith and Reason captives after them 〈◊〉 any Lydium Lapidem or infallible Touch stone whereby to try this or any other Truth But if by swearing in Iudic●…ture in Judicial proceedings he intends that sort of Swearing that is now impos'd and us'd by and before Iustices men in Authority or Magistrates in their civil Courts saving that its one of those many customs of the Nations which the Scripture sayes Ier. 10. 3. are vain Where does the Bishop produce any evidence or so much as an Inch of Inst●…nce out of the Scriptures of either Testament of such a thing in order to the Quakers satisfaction 'T is true he tells us as others tell him p. 43. Certain stories which make more against than for him that other Christians were impos'd upon and had Oaths by Officers Civil and Military exacted of them Some whereof 〈◊〉 swear as he sayes being required by Authority and some did not as 〈◊〉 who when promised dismission by the Prefect if he would swear by the Fortune of Caesar refus'd saying Christianus sum I am a Christian. And 〈◊〉 the Martyr who replied to the Officers It is not lawful for me to swear at all being a Christian And he tells us as 〈◊〉 tell●… him that the Christian 〈◊〉 took Oaths in the Name of the Father Son and Holy Spirit to obey their Commanders not to dissert their colours and dye for the common welfare which was called Sacramentum Militare before and so after Christianity prevail'd in the Empir●… Whence that name Sacrament came to be apply'd to Christian Misteries But where 's his proof of the warrantableness of such exactions of Oaths by Officers and of such swearings of those Christians from whom they were exacted in Courts of Judicature from either old or new Testament or in order to Iudicial proceedings among all the texts which he ●…russes together and thwacks one upon another out of the Old-Testament p. 36 37. in proof of what we deny not viz. that swearing by God himself was then lawful not one of them speaks out the legallty of that solemn swearing by Gods Name any more in Iudicial proceedings than in private communication and conversation And as for what he alledges out of the New p. 37 38 39. from the example of Gods Christs Pauls Angels Swearing if any o●… all that would prove any swearing lawful for us now as we have shew'd heretofore in our Books at 〈◊〉 it possibly cannot for the reasons therein sufficiently rendered or if those words of Christ Amen Amen Verily Verily were an Oath as the Bishop would sain r●…ad them if possibly
he could under that a●…nomination by his Marginal citation of Capellus his words out of Rabbi Ionah 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In veritate forma 〈◊〉 ap●…d 〈◊〉 though he sayes no more on his own head but that it's next degree to swearing And if that of Paul charging Timothy and calling God to witness saying Before God I lye not and the rest if any of them were either ●…on or adjuration swearing or exacting Oaths as by reasons that remain as unanswerable as they are as yet unanswered by the Bishop rendered by us in the Books above said it 's prov'd they cannot be yet those that shall say those examples then would either not prove the lawfulness of swearing ordinarily frequently needlesly and so vainly in Letters as well as by word of mouth in that common communication and private conversation which Christians have each with other in which kind of familiar entercourse Paul uses those oaths and adjurations as the Bish call them and not in Courts and that without need and so in vain since unrequired by Magistrates and also among such as would take his word without swearing and do what he required without adjuring or those that shall say they prove ab exemplo the lawfulness of swearing in Courts of Iudicature before Magistrates in Iudicial proceedings will be found disputing and 〈◊〉 so far besides all sence and reason that Nescio an Antyciram Ratio illis destinet omnem And as much strangers to all learning as the Bish sayes the Quakers are and truly 't is not much of that perishing thing he call●… Learning what e're we have had that we now pretend to or care much for a little honesty integrity and uprightness being of more weigh●… worth and validity to salvation in the day of God than all that inferior Literature of those who drink to drunkenness and divine to do●…age from the Golden Cup of their own carnal counsels and conceptions yet the Quakers would be so deeply besotted as not to se●… wo●…d for trees if they were not able to see the nonsensical absurdities that demonstrate themselves from such an inconsequen●… piece of disputation and demonstration as that above said Yea this would not onely demonstrate Paul to have been a common ord●…nary needless swearer in his familiar communication with the Saints he wrote to utterly uncall'd to it by any Magistrates but also demonstrate the Magistrates of these dayes whom our Ecclesiastical 〈◊〉 call'd Ministers justifie therein to be rather Monsters of men than Ministers of true civil Iustice that will take the ●…uakers words in their Courts neither with nor without an Oath so but that they shall be punish●… by them for not swearing not onely when they do not swear but when they do swear also For ad hominem though all these phrases of Christ and Paul are as the Bishop says Oaths and none of them which as occasion is they are not as free to use not as impos'd by men tying them at their wills to any one of them but as mov'd to any one of them as the Lord gives utter●…nce as they a●…e to use yea and nay it ●…elf Yet though 〈◊〉 say God is 〈◊〉 Witness or any of the rest they will not take 〈◊〉 〈◊〉 an Oath before their Courts bu●… fi●…e and prison without 〈◊〉 〈◊〉 a using of the foremention'd outward Rites Thus O how ●…giously do absurdities confusions and self-contradictions multiply among a people that by a predominant Priesthood are peg'd●…p ●…p 〈◊〉 that narrow Principle of persecution of all those that are more ●…ender of keeping truth than themselves among the Ministers at their Churches and in their Books Verily Verily God is my witness I call God to record I speak the truth before God and lye not I 〈◊〉 as in the presence of God and such like are Oaths and forms of swearing but among the Magistrates in their Courts and at their Benches why else are the Quakers fin'd imprison'd and con●…iscated for not swearing though they can use them those and 〈◊〉 like forms of speech are not a swearing 3dly As to the time wherein the Bish is to prove swearing by the Name of God to be lawful it is now in these dayes of the Gospel since ●…hrist crucified for otherwise the Bish ●…ights without an adversary the Quakors themselves granting both oaths of several sorts and and many more formalities and ceremonious 〈◊〉 〈◊〉 Sacrifices Circumeision c. to have been in force and to have been done in the Name of God and by command from him 〈◊〉 the Law before Christ which are not warrantable and justifiable●…ince ●…ince for the Law said many things by way of precep●… and commission at least permission from God during the time thereof which are ended and abolished by Christ and would be irregularities grosly reproveable in mens manners in mo●…al matters 〈◊〉 civil transactions and communications should they be used among them who profess the Gospel The Law said an eye for 〈◊〉 〈◊〉 a tooth for a to●…th the Gospel Avenge not your ●…elves resist 〈◊〉 〈◊〉 put up forgive forbear The Law Thou shalt love thy Neighbour and 〈◊〉 thy Enemy yea it was lawful under the Law and according to it for the Iews to spoyle their Enemies the Aegyptians●…nd ●…nd the 〈◊〉 the Gospel sayes onely Love thy 〈◊〉 if he hunger 〈◊〉 him if he thirst give him drink But the Bish beats the air for a great way together and 〈◊〉 not so much 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ●…s he does 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 busying himself and more than he need to have done if he had read or been willing to seem to have re●…d those Books of ours wherein we have 〈◊〉 enough to have saved him that labour very much besides his 〈◊〉 to prove that which we know no Quakers denying viz That swearing by the Name of God was commanded under the Law to which end he piles one Text upon another out of Moses and the Prophets p. 36 37. Bish. Exod 20. 7. Deut. 19. 12. Deut. 6. 13. Deut. 10. 20. Numb 30. 2. Deut. 23. 21. Isa. 65. 16. Jer. 4 2. adding Nor doth the Lord 〈◊〉 by his Prophets condemn the Jews for swearing simply and sincerely but onely for vain false perfidious and perjurious swearing Answerably we read the unblamed practice of many holy men Abraham Jacob Joshua David that sware without sin and offence in such serious and mighty cases which the Law of God did permit or require Among the sons all publike Testimonies were ratified by Oath as Buxtorf Drusius and others who write of the civil Administrations of Iustice among them Ans. As if that were any part of the Question between him and the Quakers whether the Iews had any command to swear by Gods Name when occasion was to end their strifes which thing we deny 〈◊〉 any more then himself but this we say though the Lord by 〈◊〉 Moses nor the Prophets that lived under the Law and were Ministers of it while they lived