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A48308 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. Ley, John, 1583-1662. 1641 (1641) Wing L1874; ESTC R21343 93,675 154

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an alteration of that Government There be that tell us and wee must not take their saying for a y Clement the seventh immediatly upon his oath given to Charles the fifth for performance of the Articles accorded at his delivery dispensed with his oath and by probable conjecture had promised to dispense with him before hand So Sir Edw. Sands in his relat p. 42. Papall dispensation z Mast Fuller in the Holy Warre l. 2. c. 37. pag. 93. which opens so wide a window that it is in vaine to shut the doore of many cases of conscience wherein though we have sworne we may be discharged of our Oaths and shew us a posterne gate for an out-let of perjury but wee cannot come to that gate but by the wicket of inconsiderate swearing and if wee apprehend any probable occasions of change before-hand wee must not make a Let it be written among the Lawes of the Persians and of the Medes that it be not altered Esth c. 1. v. 19. Median or Persian Protestations that we will not change Object But we have in effect done as much already say some in subscribing to the Booke of Common Prayer wherein wee promise to use the forme in the said Booke prescribed and none other Can. 36. Answ 1. To which wee may answer many waies as First that it is not put upon us as of Divine Right and being but humane it is implyed to bee changeable Secondly the fore-cited Preface concerning the Ceremonies and the 34. Article professe a mutable condition in such Institutions Thirdly experience hath divers times explained that clause for other formes of prayer have been imposed upon especiall occasions Fourthly to leave us at more liberty if there should be a change our word is taken without an Oath for which b In his Preface of the Articles of Religion Master Rogers commendeth the moderation of our Governours Object But in refusing of the Oath now for feare of future disobedience wee disobey for the present To which we say Answ 1. That our not swearing is no present disobedience because our consciences cannot consent to sweare and they that require the Oath would not have us to sweare against our consciences nor against our good wills for one condition expressed in it is That we doe it heartily and willingly nor do we conceive that the premises duely considered they would have us to sweare Secondly our not swearing in this case is rather an obedience to our Superiours because we have already sworne to their Authority and Power for such alterations both for the present and for their heires and successours and so our promissory Oath in this case if we should take it would be with certaine prejudice to another mans right and consequently could not bee attended with justice and the prejudice would bee more unjust because done to the right of publicke and soveraigne Authority as c Bish Halls Irrefrag propos prop. p. 3 4. Bishop Hall observeth in his Irrefragable propositions And thirdly for our selves we doubt it is not safe to sweare that wee will not consent to any alteration in Government since wee cannot but like it well enough if in some particulars it were more conformable to the condition of the ancient Church as if it should please his sacred Majesty in the election of Bishops to have respect to the suffrage of the Clergie of the vacant Diocesse as the d Sacrorum Canonum non ignari at in Dei nomine sancta Ecclesia suo liberiùs potiretur honore Baron Annal. com 9. nu 21. col 641. Emperour Charles the Great had when hee published a Decree to that purpose according to the e Cypr. ●p Anton. episl 52. pag. 57. col 2. Contil. Aurelian 9. Can. 10. Concil Parisiens 1. Can. 6. Hieron testatur Alexandrinos Presbyteros spatio 140. annorum sibi ex suo numero unum cligisse c. Chamier tom 2. lib. 10. ca 3. p. 350. nu 3. Leo epist 82. Spalat de Republ. Eccleslib 3. c. 3. pag. 339 340 400. Bernard de considerat ad Eugen lib. 3. cap. 2. col 878. Fox Martyrol tom 1. p. 5. col 2. Concil Basil sis 3. fol. 448. ancient practice of the Church And if when Bishops are elected that either love or some law of Authority might restore Presbyters to their ancient Rights and participation of the Government of the Church which they had in the Primitive times whereof St. f Communi Presbyterorum consilio Ecclesiae regebantur Hicron in Tit. 1.5 tom 9. sol 153. Hierome saith That the Church was governed by the common Councell of the Presbyters which g Presbyteri Seniores pariter ad concilium admissi erant tempore primaevo Baron Annal. ad an 58. nu 10 11. tom 1. col 572. Baronius acknowledgeth and h Bish Downhams defence of his consecrat Serm. l. 1. c. 7. p. 142 143. c. 8. pag. 178. Bishop Downham saith no man denieth and this not only until there was a Schism and the people divided themselves under the names of Paul Apollo and Cephas but afterwards as is plaine by severall testimonies of Saint Cyprian besides others for hee writing to the Priests and Deacons calleth them Brethren and telleth them That it is his i Ut quae circa Ecclesiae gubernacula utilitas communis exposcit tractare simul c. Cypr. ep 6. edit Pamel p. 12 desire for those things that concerne the government of the Church that as the publicke benefit requireth they treat of them with common Counsell and in their absence he k Nihil à me absentibus vobis novum factum est sed quod jampridem communi consilio c. Cypr. ep 24. Presbyt Diac. professeth That he did nothing but what was concluded before by their common advice and l A primordio Episcopatus mei statui nihil sine consilio vestro privata sententia gerere Cyp. ep 6. p. 13. that it was his resolution from the first time of his being Bishop to doe nothing of his owne private conceit but by their counsell Bishop Downham bringing in a sentence of Ambrose sounding to the same sense maketh this answer unto it m Bish Downhams def of his Serm. l. 1. cap. 7. p. 161. Ambrose and others thought it needfull that a Presbytery of grave and ancient Ministers should with their counsell advise and assist the Bishops in cases of doubt as Doctor Bilson saith in cases of danger and importance when as yet neither Synod could assemble nor Christian Magistrate was found to assist the Church But when Synods were assembled then Presbyters were assembled with the Bishops and as Presbyters had decisive voices with them as n Doct. Field of the Church l. 1. c. 30. p. 514. Doctor Field confesseth observing withall concerning the number of Bishops and those that were not Bishops in such Ecclesiasticall Assemblies that in a o Ibid. cap. 49. pag. 647. Councell of Lateran