our selves in the love of God not destroying men because they will not be of our faith c. As for the people speaking of Ireland what thoughts they have in matters of Religion in their owne breast I cannot reach but thinke is my duty if they walke honestly and peaceably not to cause them in the least degree to suffer for the same but to endeavour to walke patiently and in love towards them to see if at any time it shall please God to give them another or a better minde And in a Letter to the then Governour of Rosse in Ireland his Excellency speaking of Religion sayes He meddles not with any mans private Conscience The Army further declare That they doe not impower or intrust their Representatives to continue in Force or make any Lawes Oaths or Covenants whereby to compell by penalties or otherwise any person to any thing in or about matters of Faith Religion or Gods worship or to restraine any person from the profession of his Faith or excercise of Religion according to his Conscience Or to punish any person for refusing to answer to questions in criminall causes These Declarations of the Army were seconded by a Petition from the Cityes of London and Westminster Burrough of Southwark to the Parliament in these words That they would exempt matters of Religion and Gods worship from the compulsive and restrictive power of any authority upon earth and referre them to the supream power of Almighty God And that the Parliament would not proceed in making Ordinances or Lawes or in appointing punishments concerning opinions wherein themselves may easily be mistaken c. On all oportunities thus hath the Army declared what was the light they walk'd by in the dark thorny wayes of their precedent dangers And in the endeavour that every Conscience may have a comfortable repose they continue constant still and vigorous Nor can there be the least suspition of straying from these religious Principles having for their Guide his Excellency who hath fought his enemies as much into confusion by an unexampled regularity of manners and holy encouraging to piety by frequent exhortations tears and prayers as by the sharpnesse of his sword and a courage ever invincible Our next Progresse shall be to evince the truth and holinesse of these principles of the Army against the enforcing of Oaths coertion in Religion to be clearly establish'd upon that sure foundation THE LAW OF GOD OF which three words being of greater weight then three thousand volumes of mens Discourses I shall content my selfe and hope to content my Reader with the citation of these few Texts One witnesse shall not rise up against a man for any iniquity fault c. much lesse shall a man rise up against himself but in the mouth of two or three witnesses shall the matter be established which Rule is confirmed in the Gospel In the mouth of two or three witnesses shall every word be established And our Lord Christ himselfe said to the woman accused of Adultery Where be thy accusers if they condemn thee not neither do I. In the proceedings upon this Oath of Abjuration there is no accuser no witnesse the party himselfe must be both against himself and what can be more opposite to Scripture then such enforcement And that carnall men and they who build on the Authority of Academick learning may see how abhorring to truth all force and violence offered to the Conscience is let their patience go a little forward and finde what have been The Opinions of the most eminent Divines in the Reformed Churches NOne are to be compelled to professe the true Religion by imprisonment or losse of goods The Magistrate ought to force no man to subscribe Articles concerning Religion but that is to be left to the grace of God in every one as the Lord shall direct The Magistrate misuses his power if he impose Lawes upon our Consciences For Paul did not subject the Consciences of Christians to humane Lawes but to the Ordinances of God Men are to be perswaded to Religion by reason not compelled thereunto by punishment The Gospel allowes not the Law of compulsion to be put upon the Conscience but only of councell and exhortation The Scripture commands that they who are weake in faith are to be borne withall untill the Lord shall reveale unto them all such things wherein they are ignorant and in the meane while they ought to be instructed not punished All men erring from the true Religion are to be reclaim'd by fatherly exhortations hearing the Word and good instructions not by force violence The Lord hath definitively declared that the Magistrates are not fit Judges in matters of Religion and therefore hath interdicted them all use of such Jurisdiction and reserved it to himselfe who at the last day by his Angels shall separate the Tares from the Wheat God alone is Lord of the Conscience and hath left it free from the Doctrines and Commandements of men which are in any thing beside his Word in matters of Faith so that to believe such Doctrines or to obey such Commands out of Conscience is to betray our liberty of Conscience and the requiring of an absolute obedience is to destroy liberty of Conscience and Reason also Faith hath no relation unto nor dependency at all upon compulsion and commandement but onely upon certainty and probability of arguguments drawn from reason or from something which men beleeve already Therefore the Ministers of Christ in this world have no power to punish any for not beleeving since Paul himselfe professeth We have no dominion over your faith Faith both in respect of the Object and of the Assent being the free gift of God which Man can neither give nor take away by promise of rewards nor menace of tortures There is no coercive power left by our Saviour upon earth in matters of Religion but onely a power to proclaim the Kingdome of Christ and perswade men to submit themselves thereunto and by precepts good counsel to teach them that have submitted what to do that they may be received into the Kingdome of God when it comes c. Q. Eliz. in her owne private judgement often declared That she never thought it fit that the Consciences of her Subjects ought to be enforced albeit the Bishops prevailed with her against her own judgment to the contrary Nothing is more against Religion then to force Religion For as Paul saith the weapons of Christian warfare are not carnall Humane violence may make men counterfeit but cannot make them beleeve and is therefore fit for nothing but to breed Form without and Atheisme within and infinite prejudice to the Kingdome of Christ and consequently to the propagation of the Gospel doth follow thereby Such who have their portions in this life who serve no higher State then
THE Christian Moderator THIRD PART OR The OATH of ABJVRATION ARRAIGN'D BY THE Common Law and Common sence Ancient and modern Acts of Parl. Declarations of the Army Law of GOD and consent of Reformed Divines AND Humbly submitted to receive JVDGMENT From this Honorable Representative ESAY 58. 6. 8. Dissolve the Bonds of Iniquity take off all heavy Burthens break every Yoke and let the oppressed goe free Then shall your light break out as the morning and your health spring forth speedily your Righteousnesse shall go before you and the Glory of the Lord gather you up LONDON Printed by J. G. for Richard Lowndes at the White-Lyon in S. Pauls Church-yard 1653. THE OATH OF ABJVRATION Arraign'd c. Die Sabbathi 19. Augusti 1643. BE it Ordained by the Lords and Commons assembled in Parliament That all such persons as being of the Age of one twenty years or above shall refuse to take the Oath hereafter expressed which Oath any two or more of the said Committees for Sequestration in every County City or place respectively or any two Iustices of the Peace or the Major Baliffs or other head Officer of any City or Town Corporate shall have power to Administer to any such Person or Persons shall forfeit as Papists within this and the former Ordinances and Seizure Sequestration of two third parts of all their Goods and Estates reall and personall and sale of such proportion of their Goods so Seized and Sequestred shall be made and their Rents and Estates disposed of in such Manner and Proportion and by such Persons as by the said Ordinance of Sequestration is appointed for Papists The Tenor of which Oath followeth The OATH IA B. Do abjure and renounce the Popes Supremacy and Authority over the Catholick Church in generall and over my selfe in particular and I do believe that there is not any Transubstantiation in the Sacrament of the Lords Supper or in the Elements of Bread and Wine after Consecration thereof by any person whatsoever and I do believe that there is not any Purgatory and that the consecrated Host Crucifix or Images ought not to be worshipped neither that any worship is due unto them And also believe that Salvation cannot be merited by Workes And all Doctrines in affirmation of the said points I do abjure and renounce without any Equivocation mentall Reservation or secret Evasion whatsoever taking the words by mee spoken according to the common and usuall meaning of them So help me God MY Teares are on my Cheekes and mine Eyes run down with Water because the Comforter that should relieve my soule is far from me how is the Gold become dim and the most fine Gold changed How have we looked for the time of healing and behold trouble Arise cry out in the night in the beginning of the Watches poure fourth thy heart like Water before the face of the Lord for they have healed the hurt of the Daughter of my people slightly they have still left a dangerous wound even in the heart of our liberty Is there no Balm in Gilead is there no Phisitian why then is not the health of the Daughter of my people recovered Why are these Oathes continued with so sharpe a double edge that unavoidably they either cut the purse or kill the Conscience I confesse my own weaknesse in the Government of my selfe I confesse my own ignorance in prescribing to others yet the desires of prosperity to this Nation have taken such strong hold upon my Soule and I feel my Spirit so powerfully drawn forth to advance the things that belong to its peace that I cannot refrain my Pen from humbly and earnestly soliciting a more firm and perfect establishment of the two principall Pillers of all flourishing Common-wealths Mercy to such as suffer for Conscience and impartiall Justice to all men As these considerations have engaged me once more to expose the most secret and retired thoughts of my heart to be seen by others So I assure the Reader this shall be their last appearance in publique that he may rest secure from all fear of losing his time upon any thing of mine hereafter But lest I offend too much in the present trouble I give him I shall imediatly apply my selfe to my task and endeavour with a gentle yet faithfull hand to open the orifice of the neglected wound humbly imploring the gratious influence of Heaven to govern our Great Colledge in their grave and charitable consults for the perfect cure of all our sorrowes And in searching how mortall a stroake such Oathes as this of Abjuration give to the known Rights and Priviledges of the People of this Land my Method shall be directed by these Heads That they are Fundamentally repugnant to the Common Lawes and ancient Statutes of this Nation Directly contrary to many Acts even of the last Parliament and Declarations of the present Army Absolutely prohibited by the Law of God and inconsistent with the generall judgement of all Reformed Churches MAgistrates being originally instituted for this principall end to maintain a just order harmony in the outward Motions of the multitude it necessarily followes that the generall designe of Government is little concerned what noat we make in our single selves if we be in tune with our Companions Upon which ground the Common Law of this Land directs all its care to rule and treat us as we are considered in reference to one another and therefore neither limits our private expences nor obliges to any course of Physick because our particular fortunes and health are of very little importance to the Publique and of very much to our selves And since nothing is more reasonable then to entrust those with the managery of an affair whom the issue most concernes it cannot be denyed but as this freedom without which we were absolute Slaves is allowed us in relation to our Bodies and Estates So our Souls as far as may consist with the publique peace ought to enjoy a just and proportionable share in the same liberty Much lesse doth the Law either punish or reward our thoughts because they neither disappoint nor advance its ends The intention of Murther though in the highest degree of premeditated malice is no way subject to any legall account if the mischievous purpose stay at the fancy and proceed no farther to any outward attempt By which necessary distinction betwixt Divine and Human Jurisdiction the Law religiously preserves its reverence to the great Tribunall of God before whom only we are to answer for the private errors and secret vices of our hearts as we are accountable to the Magistrate for the open Crimes and scandalous Actions of our handâ— If any conceive it just to enact a Law against Erroneous Thoughts in Religion with an Oath of Aburation to make the suspected accuse himself why should they not as well impose a penalty upon the vicious Thoughts of Hatred Revenge or Ambition And then force
every one to swear whether he be guilty Certainly Magistrates may as lawfully put us to our Oathes whether we have assented to any traiterous thought against our Country or coveted our Neighbours Goods or Wife as what we think of such a point of Divinity Should it be pretended that the Oath of Abjuration commits no force upon the mind but only upon the mouth gives free leave to think what we will if we swear as it commands Such liberty of Conscience to believe in our hearts contrary to what we profess with our lips Nero himself allowed Such liberty of Conscience that is damnable hypocrisy is indeed the proper and naturall effect of compulsion upon the Conscience Surely by this glorious word liberty something more is intended to be left us then what no Tyrant can take from us Surely it ought at least to be so curteously interpreted that by this kind phrase Liberty of Conscience be understood a liberty consistent with Conscience a condition wherein every peaceable Christian may follow our Principles without renouncing his own honesty yet I confesse it puzzels all the reason I am owner of that they who take this Oath though very credibly against their Consciences shall enjoy the full benefit of tender Consciences And if any refuse it because against his Conscience he is wholly excluded from the least mercy provided for tender Consciences Besides this dispunishableness of thoughts arises as well from the impossibility of lawfull proof as from their innocency in not offending others And therefore a secret promise though most seriously and deliberatly resolv'd on if reserved in the parties own Conscience creates no legall Obligation of performance which could not be true if the Law did allow any proceeding whereby the party were compellable to accuse himselfe And therefore even in Chancery though that be a swearing Court if a Bill of Perjury be sued upon the Statute 5. Eliz. the Defendant shall not be forced to make Answer upon Oath either to the Bill or Interrogatories So if a Juror be challenged for partiallity grounded upon some indifferent and unreproachfull objection as Kindred to one of the parties c. he shall be admitted to clear such a question by his own Oath but if the charge be either ignominous or dangerous as bribery c. the challenger must maintain his Assertion by witnesses It being unreasonable in the wise and moderate judgement of the Law that any one be enforced to become his own accuser With these agree many other Authorities all unanimously subscribing to this conclusion as an undeniable Maxime of Law that None can be lawfully examined upon Oath concerning any thing that sounds to his own prejudice Nay so great an abhorrence has the Common Law of the parties being forced to prosecute and condemn himself that it employs an extraordinary diligence to prevent so destructive an abuse And therefore in Fitzherberts Natura Brevium if any had been cited into the Spirituall Court to accuse himself pro salute Animae as they call'd it a Prohibition lay at the Common Law to stop and supersede their proceedings And it is a case adjudged that if in a paenall Law the jurisdiction of the Ordinary be saved as in 1 Eliz. 2. for hearing of Masse the party shall not be examined upon Oath before the Ordinary concerning that point because it might becom an evidence against himselfe if questioned afterwards in the temporall Courts which is a direct Authority in the very point out of a Book licensed and Printed by speciall Order of the last Parliament cleerly proving that as the Papists ought to be tryed by witnesses and not themselves examined upon Oath concerning their going to Masse So much less concerning their inward belief especially when such ruine attends them in their Estates if they dare refuse to sweare against their Consciences It is true by the Common Law in some personall Actions the Defendant is admitted not compelld to his Oath as in Case of wager of Law c. 33. H. 6. 10. of non summons in a Praecipe quod reddat and of garnishment upon a Scire Facias c. But all these Oathes are either voluntarily offered by the party himself not enforced upon him by the Judges and go in discharge not condemnation of him or else concern only some collaterall passage of little importance to the decision of the main controversie nor is the least shadow of such practise to be seen in any penall Law which is the only point we dispute upon and which we here undertake to prove a proceeding altogether unknown to our Lawes that any one should be constrained to inform against himself and so become his own Executioner Upon this ground Sir Thomas Moore a person compleatly learned in the Lawes of this Land and universally famous for courage and resolution according to his principles refused the then new Oath concerning the Kings Supreamacy and Divorce alleadging for his defence at the Bar that he never spake or acted any thing against that Statute and upon this Plea he relyed as an evident justification in Law which never said he was strained so far as to reach our thoughts and for his inward judgement he freely profest that Oath to be against it offering before the Judges to sweare that the unsatisfaction of his Conscience therein was the onely cause of his refusall to comply with their Commands And if we look back upon times behind us we shall often see the outward words and actions censured by the Magistrate but never the least attempt upon the a inward belief though the principles heretofore entertained concerning the use of force in Religion have generally been far more rigid then those we now professe Therefore in the Acts of 5. Hen. 2. 5. 2. Hen. 4. 14. 2. Hen. 5. 1. made even in Popish times which we so much condemn for cruelty those that began new opinions contrary to the received Religion of the Nation are prohibited to Preach publickly any doctrine destructive of the Established Lawes or by their subtile Sermons to draw the people after them But not a word of forcing to swear the contrary They are forbidden to write Books in defence of their singularities or make unlawfull Conventicles to the endangering of the publique Peace But not a sillable of renouncing what they believed in their heart The Statute of 31. Hen. 8. 14. layes a forfeiture upon any that by Word Writing Printing Publishing Preaching or Teaching shall maintaine any of the Opinions in six Articles therein prohibited But not a Letter of Abjuring their inward perswasion And what the Lord Herbert in his History of Henry the 8. saith concerning this Statute is worth consideration his words are these The six Articles being now published gave no little occasion of murmur since to revoke the Conscience not only from its own Court but from the ordinary wayes of resolving Controversies to such an
abrupt decision of the Common Law as is there set down was thought to be a deturning of Religion from its right and usuall course since the Conscience must be taught not forced without that it should at any time be handled roughly as being of so delicate a temper as though it suffer an edge to be put on who doth more diminisheth or breakes it Besides to make the contravening of Doctrines to be capitall before they be fully proved is prejudiciall to that liberty without which none can justify himself before God or Man For if it be death and Sequestration is a kind of death to believe otherwise then wee are commanded how unsafe will it be to make exact enquiry and without it who can say his Religion is best Besides the Example is dangerous For if Infidels and Heathens to retain their People in obedience should do the like who would ever turne Christian Therefore Cranmer for three dayes together in the open Assembly oppos'd these Articles boldly c. Thus far this learned Historian The Statute of 1 Edw. 6. 1. in the beginning of the Reformation continued the same stile of punishing only the outward Act whilst it declares if any shall deprave despise or contemn the Sacrament of the Altar so called in the Act according to the Language of those times he should suffer imprisonment and make fine and ransom at the Kings pleasure In the Statutes of 1. Eliz. 1. 8. Eliz. 10. it is Enacted That if any person shall by Writing Printing Teaching or Preaching extoll c. The authority of the Bishop of Rome or by any Speeches Deed or open Act attribute any authority here in England to the said Bishop hee shall incur the penalty mentioned in that Statute Agreeable to the former Statutes is 13 Eliz. c. 12. being the Act made for the subscription to the Articles of Religion then newly modelled into a publique forme of confession of Faith The words of the Act are these If any such Ecclesiasticall person shall advisedly maintain or affirme any doctrine directly contrary or repugnant to the said 39 Articles and shall persist therein and not revoke his errour such maintaining or affirming and persisting shall be just cause to deprive such person of his Ecclesiasticall promotions Upon which Statute these things are observable First that these subscriptions being concerning matters of Faith are required of Schollers and Divines upon their pretence to Church preferments not of lay persons to dispossesse them of their temporall inheritances Secondly they must maintaine or affirm some doctrine opposite to these Articles to bring them within the penalty of that Law So that the believing only of the contrary is not sufficient Thirdly such maintaining or affirming is to be voluntary and not drawn out of them by the rack of an Oath Fourthly it being made a cause of Deprivation must be by witnesses and not by the enforced abjuration of the party Fifthly they are to lose only their Ecclesiasticall promotions and not to be deprived of their temporall Estate Not one of these so rationall and necessary cautions is at all now considered in the modern proceedings against Papists but the most unlearned Tradesman and ignorant Woman amongst them are compel'd to accuse themselves their Judges never asking after witnesses And this under forfeiture of full two thirds of all their Goods and Lands And even in the last Parliament many Ordinances have followed the same way of prohibiting externall disorders occasioned from difference in opinions but not precisely for the bare difference in opinion As that of the 11 Aug. 1645. made by the Lords and Commons Wherein it is Ordained that what person soever shall endeavour to bring the Directory into contempt or raise any opposition against it or shall practise write or Print or cause to be written or Printed any thing in derogation or depraving of the said Directory shall lose and forfeit for such offence such a sum of money as shall at the time of his conviction be thought fit to be imposed upon him by him before whom he shall have his tryall Conformable to this was an Order made in Parliament Decemb. 22. 1646. The Parliament taking into consideration that some Anabaptists and other Sectaries have disturbed the Ministers and Congregations in some Churches of this Realme in disparagement of the Lawes Statutes and Governments thereof do Order that the Constables and Headboroughs within their severall Parishes c. shall arrest the bodies of all such persons as shall disturbe any Ministers in holy Orders whilst he is in place of exercising his publique Calling by speaking to him or using irreverent gestures or actions and that they carry the bodies of such Offenders before some Justice of Peace of the same County to be dealt with as to Justice shall appertain So likewise 9. Aug. 1650. It is Enacted that every person that shall presume avowedly by words to professe or shall by writing proceed to affirm any Blasphemous Atheisticall or execrable Opinions derogatory to the Honour of God such persons so avowedly professing maintaining or publishing the said Opinions or any of them shall incurr the penalties of the said Statute Which shewes plainly that the last Parliament thought it not fit to punish any for erroneous Opinions though of the highest nature If the party shall onely believe them in his heart and keep them within his own breast Lastly as a finall decision of this point and full satisfaction of those objections which some make against the validity of an Ordinance it was Enacted 17 Car. by the King Lords and Commons That no person whatsoever exercizing any Ecclesiasticall much lesse temporall jurisdiction shall tender any Oath to any person either Ex Officio or at the instance of any whosoever whereby he may be charged to confesse or accuse himself of any crime and so expose himselfe to punishment then which no clearer or more definitive sentence can be imagined And which is very observable never in former times was any Abjuration required but of such as were first legally convict of Heresy Never till these times was the Abjuration it self made the conviction and therefore in the Statute of 2 Hen. 4. 15. These two conditions are punctually exprest That in case of Abjuration the opinion to be abjured be a known heresy and the party to abjure be legally found guilty before they proceed to exact his Abjuration According to this tenor run many other Statutes both ancient and modern which my design of brevity enforces me to omit and the full sufficiency of the Lawes already cited renders altogether unnecessary only I shall desire leave to extract these few sound and excellent words out of the Petition of Right 3 Car. That no free men be compelled to take any Oath not warranted by the Lawes of the Realme This being then concluded that thoughts are free from all humane Lawes and self accusation contrary to the English Lawes it is