haply prevaileth most with some Episcopall Divines who conceiving the summoning presiding and voting in Synods by Presbyters to be a presumptuous usurpation of the peculiar priviledges have in deep indignation and disdaine called that Synod not the Synod of Dort but the Synod of Dirt as some of us have heard which in part may give answer to the doubt how it cometh to passe that King James having been so zealous in the procuring and promoting the happy proceeding of that Synod for the suppression of Arminianisme it hath for all that prevailed and advanced higher in England then it did before that Synod had condemned it which may be because dis-affection disposeth many to contradictory Tenets as we see in z Non nego me hujus interpretationis auctorem neminem habere sed hanc eò magis probo quà m illam alteram Augustini caeterarum alioqui probabilissimam quòd haec cum Calvinistarum sensu magis pugnet Maldonat in Jo. cap. 6. ver 62. tom 2. col 652 653. Maldonate the Jesuite who taketh up a new Interpretation of his owne against another which hee confesseth to consist with most probability and Saint Augustines Authority because it is more contrary to the sense of the Calvinists But this by the way Proceeding directly forwards we may further observe that the Compilers of the pious * The Homily of the perill of Idolatry Homilies prescribed to bee read to the people in the roome of Sermons when they are wanting condemne pictures in Churches as Popish and perillous And in our daies there bee many of another mind who professe the contrary and would take it very ill to be taken for Papists Our chiefe Protestants with our English Solomon King James have held the Pope to bee Antichrist and the principall Papists endeavour to defend the contrary and their Apology is esteemed by most a maine point of Popery But of late there have been some who make themselves the Popes Compurgators against that criminall charge and yet with many goe for very good Protestants and in divers other particulars reputed Popish Papists glory in our approaches towards them and sticke not to say of our Church a So in the Book called Mercy Truth or Charity maintained See Master Chillin Preface in answer to it pag. 12. That Protestantism waxeth weary of it selfe b Ibid. and that Calvinisme is accounted Heresie and little lesse and if we beleeve a late c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or the vocall Forrest at the beginning whereof the Authour hath these Verses Sometimes the Father differs from the Son As doth the Gospel from the Alcaron Or Loyola from Calvin which two brands In strange combustions burle faire Europes lands But Bishop Andrewes saith hee was Illustris vir nunquam sine summi honoris praefatione nominandus Bi. Andr. Theol. determinat de usura p. 115. Author of some note nothing lesse then treason In summe these points of d Master Chil. loco citat Images and Antichrist with others as the lawfulnesse of some kind of prayers for the dead the estate of the Fathers soule before Christs ascension free-will predestination universall grace the possibility of keeping Gods Commanments which for the most part of them have been held as a partition wall betwixt Protestants and Papists are taken by some who shew themselves in print as opposite to Popery but for adiaphorall Problemes disputed without breach of charity among Protestants themselves And as some of our learned e Doct. Morton in his Catholick appeale Bishop Hall his Treatise called The peace of Rome Divines have shewed that divers of our Protestant Doctrines have been taught by some writers of the Romish Church So on the contrary have some f Brerely his Protest Apology Papists endeavoured to retaliate and to quit the objection by bringing in a list of Doctrines accounted Popish yet held by such as are reputed and acknowledged by some Antipapists for Protestants and as of Doctrine so concerning Discipline there is doubt what opinion may bee reputed Popish For Archbish g Archb. Whitgifts reply to T. C. p. 299. 559 Whitgift Bishop h Bishop Hall of Episcopacy part 3. pag. 34. and Bishop i Bish Downhams Defence of his Serm. ◠1. c. 8. p. 139. Downham conclude Popery upon the Presbytery and the k In the Kings large Declaration pag. 351. Presbyterian Disciplinarians on the contrary condemne all Episcopall Jurisdiction as Papisticall Here though wee conceive that that should bee held a Protestant or Popish Doctrine which is carried by the common consent of allowed Divines of each Church rather then the particular opinions of private men which are to the other but as whisperings in the care to a loud cry in the aire wee cannot resolve of our selves what they who composed the Oath did intend to discard as Papisticall Doctrine Object But the abjuration of Popery in the Oath is generall and so the fitter for such as are zealous Protestants to take it Answ It is true if zeale without knowledge were sufficient but it is necessary they should first know what Popery is and what is not before they renounce it by swearing and the forswearing it without knowing it hath made some to abjure all Episcopacy as taking and therein mistaking it as we conceive to be no other then the Government of Popery Object But doe not the next words clearly discover what Doctrine is meant viz. contrary to that which is so established Answ We make no question but by these words the mind of them who made the Canon was to bring our Protestant Doctrine within the verge of the Sanctuary and the circle of subscription so that nothing should be received as Protestant or not as ours or not as necessary to salvation which is not either expresly or by consequence contained in that compasse And also to leave a latitude sufficient for particular opinions wherein men might use freedome of judgement without infringing of charity and wee thinke it a meet meanes to preserve the Churches peace that the Doctrines be not too many which are to be received and beleeved of all and that these Doctrines are established in the Church but what Tenets are rejected as properly Popish doth not as yet appear unto us and withall we doubt DOUBT 5. What establishment of Doctrine is here meant 5. Particular Doubt and how farre it may be said to be established THE REASON BEcause we conceive that the 35. Article at least vertually establisheth the Doctrine of the two Bookes of Homilies the one set forth in King Edwards the sixth the other in Queen Elizabeths raigne as godly wholsome and necessary Doctrine and as fit to bee preached to the people in a Sermon as read to them in an Homily But on the contrary hee that hath taken upon him to analyze the Articles into severall propositions and to confirme them by Scripture and otherwise and this by allowance of publick Authority as
the title page of his booke doth testifie setteth this Note upon that Article Touching this Article the greatest matter saith l Mast Rogers on the 35. Article of Relig. pag. 193. he is not Whether these Homilies meant and mentioned doe containe Doctrine both godly wholsome and necessary but whether Homilies or any Apocrypha writings at all may bee read in the open Church and before the Congregation Whereof in reason there needs no more refutation then the reading of the Article and the severall Titles and Contents of the Homilies annexed to it And though we like it well enough that his Testimony is sometimes excepted against as m By the Archbishop of Cant. in his answer to A. C. p. 47 48. proceeding from a private man yet since his glosse upon that authenticke Text hath commonly passed in the name and without the note of dislike of Authority it induceth us to doubt what Doctrine in those Bookes may be said to bee established in our Church and wee are the more unsettled in our conceipt thereof because wee see the Homily of the perill of Idolatry so little heeded and so much liberty of late taken to controll it with new Pictures in Churches that if the Homily were read in some of them it might be doubted by such as consider no more then what is presented to their senses whether there were not one Religion for the eares another for the eyes or whether the Lay-mens bookes or the Clergy mens were published with greater priviledge which hath been an occasion of Papists bragging n Charity maintained see Master Chil. Preface in answer to it p. 12. That our Churches begin to looke with a new face and their walls to speak a new language the face out-facing and the language contradicting the Doctrine of the Homilies We doe not meane hereby to charge those with Idolatry who have made it their care and have been at great cost to adde the beauty of henour in the walls and windowes of Gods house to the beauty of holinesse in the Communion of Saints who resort unto it and performe their solemn devotions in it wee doubt not but they are too wise to worship the worke of the pensill or any worke of mans hand yet wee beseech their wisedome to consider that the world groweth old and with age according to the Proverb becomes childish and children delight more to looke upon Babies then on the letters of their bookes or to learne their lessons and so that which by them was meant but for adorning the illiterate with the mutilation of a letter may turne to adoring and what was intended but to be a memorandum of History may be turned by some and taken by others as a memoriall of the mystery of Iniquity whereby the subtle may draw the simple from spirituall piety to sensuall superstition which was the evill effect feared by those grave and godly Divines who composed the Homily and for which cause they so zealously contested against all Images in Churches They had read no doubt with due regard the saying of St. o Malè vos parietum amor cepit malè Ecclesiam Dei in tectis aedificiisque veneramini Anne ambiguum est in his Antichristum esse sessurum Hilarius contra Auxent pag. 216. 217. Hilary against Auxentius Your love is fondly set upon faire walls you doe ill to make your respect of the Church by the outward splendour or statelinesse of structure know you not that Antichrist will set his Throne in such as these But this is his Quaere none of ours we goe on We had thought it had been the established Doctrine of the Church of England in the Homily of the time and place of prayer that it is a necessary and perpetuall duty by the fourth Commandement to celebrate one day in seven with religious observances but wee find that Doctrine publickly gain-said by divers and the Doctrine of the Popish Schoolemen as publickly maintained against it in divers Treatises in print And for the Articles of Religion themselves wherein chiefly wee conceive the Doctrine of our Church to be contained and by Authority both Civill and Ecclesiasticall to be established they are much impeached in the power and vigour of their stability by leaving such liberty for the points of free will predestination and possibility of keeping Gods Commandements as before hath been noted which by the 10.15 and 17. Articles are resolved against the opinions of the Papists and much more are they wronged by him who hath written a p Fran. à San. Clara his book called Deus natura gratia printed Lugdun 1634. Booke and therein hath laboured with much subtlety and diligence so to mince them by manifold distinctions and to wrench them from their proper to a Popish construction as if the Convocation that concluded them had had no mind or meaning to contradict the Councell of Trent and that now our 39. Articles were patient yea ambitious of some sense wherein they may seeme Catholick i. in their sense Popish as a late q See Master Chil. his Preface in answer to the Author of Charity maintained pag. 12. Papist with great boasting hath upbraided unto us So in the book called Charity maintained By expounding and applying of these Articles in a new way hath Franc. à Sanct. Clara troden out a new tracke though with many intricate turnings and windings in which men of equivocall consciences may send their faith to Rome while their affections keep close to their Interests in England and hath taught them to play fast and loose as to their Orthodox and Protestant sense so that as r Plutarch in the life of Alexander p. 110 Aristotle said to Alexander concerning his Physicks they were published and not published their words being read and their meanings not rought the Articles might be said to be established and not established established as a sacred Text but not established by meanes of an ambiguous Comment turning the Interpretation like a nose of waxe as easily to the left hand as to the right And how farre this cunning stratagem hath prevailed with some we cannot tell but as in charity we hope well of those of whom wee know no ill so in godly discretion wee dare not bee so confident in our good opinion as to sweare what we but thinke and wish to be true But though we cannot make faith upon Oath how farre our Doctrine is established as in opposition to Popery wee doe not deny but that our reverend Fathers and Brethren of the Synod might intend hereby more firmly to establish that Doctrine which is most repugnant to such opinions as they beleeved to bee properly Popish and the rather because wee have been credibly informed that the Oath was first proposed and so passed in the house of Convocation as an abjuration of Popery onely But a second time tendred as in a second edition it was augmented but as we conceive not amended when the Discipline or Government
conversation and practice then of preaching and therefore a preaching Ministry is comprehended rather under the head of Doctrine then of Discipline Secondly the necessity of Discipline here meant is not in respect of a preaching Ministry but of a ruling Episcopacy as is evident by that we now observed of the Speech of the now Archbishop of Canterbury the most authenticke Interpreter because the most Architechtonicall if not the onely composer of the late Canons But for the Adjuncts and Appendences to the calling of Bishops which Bishop Hall calleth b Distinguish betwixt the substance of their callings and the not necessary appendences Bishop Hall in the Corollary of his seven Irrefragable propos pag. 7. not necessary for many particular Canons and Ceremonies in constitution or practice which yet come under the name of Discipline or Government as hath been shewed they stand at a farre greater distance from necessity to salvation and therefore they are denied by the c Artic. 34. Doctrine and d In the Preface of the Communion book concerning Cerem why some are retained and some abolished printed 1625. Liturgie of our Church to be necessary to bee in all places and at all times one and utterly alike and if Generall Councells shall decree things to be necessary to salvation which cannot be so declared by Scriptures the e Artic. 21. same Doctrine teacheth that they are not to bee received for that would conclude damnation on such Churches as are without them There be degrees of necessity we grant as where it is said in the Catechisme of the Communion booke That there bee two Sacraments as generally necessary to salvation Baptisme and the Lords Supper onely two Sacraments in a proper sense though in a large acception there may bee as the Papists say five more as one saith f Dr. Meyer his explanat of the Catechism q. 181. p. 494. seventeen as another g Dr. Reynold in his confer with Hart. pag. 523. twenty seven generally necessary that is necessary for the state of the Church in generall without which it cannot be a true saving Church not necessary for every member of it in particular or necessary for particular persons if God give convenient opportunity for them not that God cannot or will not save without them where his ordinance is by himselfe denied not by men despised or slighted Thus we avoid the h In Catechismo duo Sacramenta necessaria ad salutem Quid suntne alia Sacramenta quae non sunt generalia omnibus communia ut Ordinatio alia generalia sed non necessaria ut Confirmatio Didoclau Altare Damascen p. 357. The other five though commonly called Sacraments are not to be accounted Sacraments of the Gospel being such as have growne partly of the corrupt imitation of the Apost Confer at Hampt Court p. 31. acception against our Catechisme made by some mistaken though well-minded brethren and so also shunne the Popish necessity of that Sacrament which is injurious to the salvation of little children departing this life before they have received the Sacrament of Baptisme But thus wee cannot salve the necessity of Discipline for though Discipline bee necessary for the Church yet the particular Discipline of our Church is not necessarie to salvation so that they cannot be true Churches and salvation in them which have it not i Adversarii nullam per Presbyteros ordinationem esse validam nisi in casu necessitatis i quando desunt omnino Episcopi aut deficiunt à fide Ibid. p. 220. For where there is a defect of Bishops or Bishops make a defection from the faith there an ordination by Presbyters is confessed to bee valid by those who are no friends unto the Presbytery an Ordination not onely of Presbyters but of Bishops as k Dr. Field of the Church lib. 5. c. 56. pag. 704. Doctor Field hath determined For saith he in cases of necessity as in revolt from the faith or where Bishops will not ordaine but such as consent to their Heresies when there is no hope of better Presbyters may choose out one among themselves to be chiefe and so adde others to their numbers by the imposition of his and their hands which giveth us occasion rather to admire then to beleeve That Priests made at Rome or Rhemes revolting from their Popish Religion should bee admitted to Benefices in our Church without a new ordination and that they who were made Ministers in Transmarine Churches should not be admitted unlesse first they were by Bishops ordained Deacons and Presbyters as l Sacerdotibus Pontificiis ordinatis regnāte Mariâ sive Romae sive Rhemis non opus erat novâ ordinatione sed Mariani Sacerdotes retenti in hunc usque diem Terellus Tytherus c. Contra qui erant legitimi in Ecclesiis Transmarinis Ministri non sunt capaces Beneficiorum donec priùs creati fuerint Diaconi Presbyteri per Praelatos ut oftendit exemplis Whitingami Traversi c. Didoclau Altare Damascen pag. 220. Didoclavius reporteth out of Johnson the Brownist And some of us remember that some of those who preferred Episcopacy above the Presbytery as gold above silver did yet allow it to be maintained in the Divinity Schoole m Ordinatio Ministrorum in Ecclesiis Reformatis est legitima This was publickly held in Doctor Hollands time who in the Act July 9. an 1608. concluded Quod Episcopatus non est ordo distinctus à Presbyteratu coque superior jure divino That the ordination of Ministers in Outlandish Churches is lawfull though without Bishops There was then no necessity that they should be ordained againe to make them capable of Benefices unlesse some positive Constitution of our Church required it much lesse was it necessary to salvation either their owne or others that Bishops should conferre any new orders upon them Doctor n Doct. Willet Synop. Papism 5. Gen. controv append ad 3. quaest p. 274. Willet mentioneth another necessity of the distinction of Bishops and Priests and so of Episcopall Government or Ecclesiasticall Discipline and that is for the avoiding of Schismes for else as o Tot essent Schismatà quot Sacerdotes Hieron advers Luciserian Hierome saith there would bee as many Schismes as Priests but this necessity will not serve to make the Crosier-staffe of Discipline equall to the Marble Pillar of Doctrine for support of salvation There is yet another necessity conceived of a contrary Discipline p The Kings large Declarat pag. 351. For in Scotland a parity of Ministers is preferred as Gods ordinance to Episcopacy an humane consuetude and this ordinance of Discipline without Bishops was conceived by the Divines of q Mr. Hookers prefat pag. 4. Geneva as everlastingly required by the Law of the Lord of lords against whose Statutes there is no exception to be taken and of this wee may suppose Master Cartwright spoke when hee said r Mr. Cartwrig see Archbish Whitgif Reply pag.
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 Pastor of Great Budworth in Cheshire Above all things my Brethren sweare not Jam. 5.12 Falsa Juratio exitiosa est vera Juratio periculosa est nulla Juratio secura est August serm 28. de verbis Apostoli 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 LONDON Printed by R. Young for G. Lathum at the signe of the Bishops head in Pauls Church-yard 1641. To the right Worshipfull Sir William Brereton Baronet Peter Venables Esquire Baron of Kinderton Knights of the Shire for the County Palatine of Chester and Sir Thomas Smith And To the Worshipfull Francis Gamull Esquire Burgesses for the Citie of Chester John Ley wisheth the welfare of this and the other World Right Wor ll and worthy Sirs AS the good providence of God and the good will of your Countrie have sorted you together in the designe of publicke service of the Church and State so your united Interests in the cause and composer of this Booke have joyntly rather claimed as a dutie then invited as a courtesie that I should present it to publicke view under all your names It proposeth and pursueth many as I hope a judicious Reader will upon serious perusall find them just and weighty exceptions against the late Oath of the sixth Canon wherein it waiteth upon the wisdome and justice of your Honourable House of Commons who have voted it to vanish like the smoake of a Canon without a Bullet making a great sound but doing no hurt to avow your righteous and religious Act therein against the mis-conceit of such as either partially or perversly misdeeme the deserved doome which you have passed upon it And if now by your hands it may come to the eyes of your venerable Associates it may haply find such acceptance in their sight that by your common favour it may have the honour to appeare before the right Honourable Lords of the Upper House of Parliament and to represent us who were most exposed to the perill of the Canonicall Decree the more capable of the concurrent Grace of you all in the full and finall abrogation thereof And for my selfe besides my generall engagements with thousands who owe you the affectionate observance of publicke Patriots and Patrons in the places to which you are called the particular favours which I have received from you in severall oblige mee this or any other way wherein I may doe you any acceptable service to expresse my selfe Yours most ready to attend you with humble observance JOHN LEY From my Lodging at the Fountaine in Pauls Church-yard Febr. 22 1640. A Letter declaring the occasion of beginning a manner of proceeding for the penning and publishing of the Discourse ensuing TO The Right Worshipfull and Worshipfull my very reverend and worthy Friends and Brethren Mr. Th. M. D. of Ch. Dr. D. D. of R. Mr. R. H. W. of M. and Mr. Ch. H. R. of W. and with them to the rest of my venerable Brethren of the Diocesse of Chester My worthy and well beloved Brethren and Friends BEsides the Doubts of the Oath proposed in this Booke whereof wee must wait for resolution from our Superiours there may bee some Doubts of the Booke it selfe to which it most belongeth to mee to make answer and therein partly to give satisfaction to you and partly to require testification from you since to many of you a good part of what I shall say is very well knowne and that with the rest I shall reduce to these foure particulars whereof most as yet have either none or at least but a doubtfull apprehension and wherein it is meet they should be rightly informed 1. Concerning the occasion of the discourse ensuing 2. The presenting of it at first to you and then to him to whom it is inscribed 3. The addition made in this I may say second edition though a It was then not intended for the Presse yet but a manuscript 4. The Reasons why now I am willing to communicate Copies of it which before I was not First for the Occasion it was this Some of you and divers others my selfe for one met at W. at the monethly Exercise set up or upheld as is confidently delivered by divers persons of unquestionable credit with the good liking and allowance of our late learned Soveraigne as a godly and gratefull memoriall of his Majesties and the Kingdomes deliverance from the Powder Treason At one of the Assemblies there the Bishop of Chester that now is not long before hee was advanced to the Episcopall Chaire bestowed his paines in the Pulpit one part of the day and I mine the other At our premised meeting which was August 18. last past the service of the day was divided betwixt you Mr. Ch. H. and mee and our minds and tongues united in pressing Peace and Charity most needfull Themes for these crazie and distracted times Our Sermons ended and some of us invited to a place of convenient repose the rest of our Tribe who were a part of that Congregation resorted unto us every man accompanying his acquaintance and so making as it were a whole chaine of many linkes and withall it is not unlike but that the most that there met in person met also in perplexity of mind by reason of the late Canonicall Oath and in their desires to be resolved of their Doubts and they might have so much more hope thereof as there were the more at that time with whom in such cases of conscience they might consult Howsoever being so met that which was the common talke of the Laity and the particular trouble of the Clergy could not but be a principall part of our discourse at that time and of that the most that was said was the proposall of a Doubt Whether the Oath were doubtfull or no and all of us expressing but the same conceipt as I verily beleeve which every one brought with him unanimously consented in an Affirmative answer Our next Quaere was what course should be taken either that we might not take it or that it might be so cleared and qualified unto us that our consciences might not be entangled by it and for that wee resolved to propose our Doubts of the Oath to the Bishop of the Diocesse and by him to advance higher though in the low and humble way of Petition if there were cause Then the Question was Who should draw up our desires and doubts in writing and the company assembled presently agreed to put that taske upon me which I then undertooke This was the worst of that daies work which some whose place and profession promised more charity and discretion have slandered as a Schismaticall Conventicle
honoured throughout the Christian world and yet not by death translated to another life but alive and lively in very good health nor for the present at a remote distance in Ireland but in England in London where hee might be sure to be soone informed of the wrong and find a ready way to right himselfe Which may be a considerable occasion and motive to all men of eminent Abilities of whose worth the world hath taken notice by their workes to leave a perfect Register of the legitimate issue of their ingenious and studious conceptions intended and prepared for publicke use that when they are dead no suppositious brats may bee thrust in among them to claime a childes part of their fathers reputation To conclude for this short digression ended I have done with this Introductory Discourse If while I endeavour to avoid the inconveniences fore-mentioned I expose my selfe by a more generall view of this discussion of the Oath to more variety of censures which from some are like to bee severe enough for such as have thought us worthy to be undone if wee dare not sweare no doubt will entertaine these Doubts and Reasons with distaste I shall not need any other cordiall against their mis-conceits then to reflect first upon the integrity of mine intentions and the fidelity of my performance of this service and then upon the considerate subscriptions of such unto it as for their quicknesse of conceit and soundnesse of judgement so farre as I can judge are as well qualified for the g Vocabantur Critici quidam docti qui de scriptis aliorum judicabant reponendáne effent in Templo Apollinis an rejicienda Erâ—sio in Epist Hieron ad Rustic tom 1. pag. 52. Criticall Chaire as I can conceive them to be who with a dash of their pen would cancell what you and many others have confirmed with your hands To whom with the rest of my reverend Brethren I most willingly remaine A most entire and affectionate Brother to love and serve you JOHN LEY From my Lodging at the Fountaine in Pauls Church-yard Febr. 23. 1640. Die Martis 9. Febr. 1640. WHereas complaint hath been made unto us by James Lord Archbishop of Armagh and Primate of all Ireland that a certaine Pamphlet hath been lately most injuriously fathered upon him and spread abroad under the false title of The Bishop of Armagh's direction to the house of Parliament concerning the Liturgie and Episcopall Government It is this day ordered in the Commons House of Parliament that the Master and Company of Stationers and all others whom it may concerne shall take such course for suppressing of the said Book that they shal not suffer it to be put in print or if it be already printed not permit the same to be divulged And if any shall presume to print or publish the Booke above-mentioned That he or they shall be then liable to the censure of the said House H. Elsynge Cler. Domus Comm. A Preface to the READER written by N. E. Shewing that the Book concerning the Oath decreed in the sixth Canon of the late Synod as it was penned in good season so it is now published not out of season since it is yet of good use to divers purposes of great and permanent importance when both the Oath and Penalty be wholly suppressed WHen the Authour of this ensuing Treatise composed it there was by reason of the new enjoyned Oath much doubt and distraction among many godly and learned Ministers and for their sakes among the people also whereto these Doubts and Hopes and Reasons ministred a seasonable remedy for the Doubts put many out of doubt that the Oath as it was framed was to be refused the Hopes for all that upheld the heart against despaire of safety from the commination of the Canon and the Reasons gave support unto them both and all together with the learned ingenuity and pious modesty diffused through the whole frame and stile of the worke have so taken the hearts of divers Divines of eminent note for their good parts and great paines in their holy callings among whom were some whose dignity in the Church was by the Canon to be secured from alteration as to obtaine their hands for subscription unto it and to cause both them and many more to importune the publication of the Book though the Oath it selfe and Penalty annexed to it were disanulled since the matter and manner of it are both of that kind which may at any time entertaine a discreet and religious Reader with profit and delight For first albeit the Oath gave the motive to it yet it is not the Oath that makes the measure of it for besides that it compriseth many very observable matters concerning the purity of Religion without mixture of Idolatry the duties of Christianity the predominance of Prelates and priviledges of Presbyters with many other particulars of moment worthy of the publicke view if that so offensive and in respect of some I may say formidable Canon had never beene made And for the Oath it selfe this Booke will present unto the Reader very many considerable advertisements which no distance of time will put out of date Concerning First the Synod of Divines by whom the Canon was decreed Secondly those by whom it was disliked when it was knowne Thirdly their freedome from it who were in danger by it First for the Synod of Divines the many weighty exceptions against the Oath give just reason to suspect that it was not framed by common consultation among them but devised by some one or some few at the most who over-awed the rest and so obtruded it upon them without their good liking though great feare of opposing and little hope of prevailing which held them from making any open resistance against it To this purpose hath something been said on both sides for on the one it was told by a Favourite of a man of great power in the Synod as in praise of his prudence that hee composed the Canons before the Clergy assembled and on the other side which belongs to the second particular and leads us to it some of the Synod have professed so much dislike of that Canon of the Oath that had it been in their power to suppresse it it should never have proceeded beyond the breath that first put it forth And for the learned and pious Composer of these animadversions upon it though hee were a Clerke of the Convocation at Yorke he never heard of it untill it had obtained its finall approbation both in that and the other Province wherein yet hee was not wanting for the use of fit meanes for his due information for knowing that the Assembly at London was the Diall that at Yorke but the Clocke which was usually set and regulated by it presently after his returne from the first Session at Yorke hee addressed himselfe towards London for intelligence at the first hand that when the Canons were transmitted thither hee might be
imposed by the sixth Canon of the late Synod Doubts and Hopes with the Reasons of them both for the most part delivered into the hands and wholly intended to be presented to the prudent and religious consideration of the reverend Father John L. Bishop of Chester in the names of the Divines Physicians and Schoole-masters of his Diocesse THe imposition of an Oath being regularly made to be a seale of faith to those that impose it doth reasonably presuppose as much satisfaction and confidence in him that doth take it touching the manner and meaning thereof as by such a sacred attestation may be set upon the mind of him that doth tender it For as the imposer expecteth thereby to bee assured of the intention and integrity of the taker of the oath so hee that taketh it that hee may the better imprint that perswasion in him should first be assured himselfe that with a safe conscience it may be taken An hypocriticall oath wee confesse may beget a beliefe but it is not lawfully begotten by any that doth not sweare in sincerity The due consideration hereof hath taken up our most intentive thoughts which in their issue have arrived at this resolution of our reverend brethren the Professours of Aberdene a The generall demands of the Ministers and Professors of Aberdene p. 37. Wee ought say they to judge of those things we are to sweare to with the strict and inquisitive judgement of verity and to ponder duly and to propound particularly and fully to others especially to those who require our oath to satisfie our consciences there anent and to answer all the Doubts and Reasons which make us unwilling and affraid to give our assent thereto And for this purpose especially wee are to make our addresse to your Lordship by direction of our late * Conference at Hampton Court p. 57. learned Soveraigne and of the Fathers of our Church in these words b The Preface to the book of Common Praier pag 2. printed 1625. For as much as nothing can almost be so plainly set forth but doubts may arise in the use and practice of the same to appease all such diversity if any such arise and for Resolution of all doubts concerning the maner how to understand doe and execute this booke scil the book of Common Praier the parties that so doubt or diversly take any thing shall resort to the Bishop of the Diocesse who by his discretion shall take order for the quieting and appeasing the same and if the Bishop himselfe bee in doubt hee may send for resolution thereof to the Archbishop What is here expresly prescribed touching the explanation and practice of that booke we conceive doth vertually belong to our present case concerning the Oath by the sixth Canon lately imposed and thereof wee make bold to present to your Lordship these doubts ensuing which if you please not to answer your selfe wee humbly beseech you to transmit them to an higher Judge with your favourable testimony of us that move them as of men for a good part well knowne to you to bee studious of the publicke peace and no way affected to faction or novelty which you may charitably conceive of the rest whom you know not since all of us agree not onely as brethren among our selves but as sonnes to the reverend Fathers of the Church to keep both the Kings and the Churches high-way in a graduall promotion of our scruples towards due satisfaction which thus wee propound beginning first with the generall doubts and so proceeding to doubts in particular THE OATH I A.B. doe sweare that I doe approve c. 1. Generall Doubt Whether this Oath if it be tendred and taken be not a taking the Name of God in vaine 1. Generall Doubt against the third Commandement THE REASON BEcause as wee suppose there is no need of it in respect of Ministers especially for security either of Doctrine or Discipline against Innovation for Doctrine as against the Papists the principall enemies unto it the Lawes of the Land and Constitutions of the Church without this Oath sufficiently provide if they be answerably executed and for such if they be conscionable they will not take it if unconscionable though they take it they will not keep it for they will easily bee perswaded to slight this Oath as they doe the oath of d Videre non potuit si Pontifex juramentum dissolverit omnes illius nexus sive de fidelitate Regi praestanda sive de dispensatione non admittenda diffolutos fore Imò juramentum injustum neminem obligat sed ipso facto nullum est Lysim Nican pag. 54. ex Pascenio Allegiance whereof some of them shew how the cautions of it against equivocation mentall reservation and Papall dispensations may bee eluded and say that the Oath as unjust so soone as it is taken is presently nullified ipso facto But for Ministers especially it seemeth unto us to be altogether needlesse since they having according to the e Can. 36. 37. Canons of the year 1603. subscribed to the Kings Supremacy the Articles of Religion and the Booke of Common Praier and of Ordination with all their contents wherein the order of Bishops and degree of Archbishops is contained and which is compasse enough for a well composed conscience are f Can. 38. see also Can. 8. sentenced if they revolt from their subscription first to Suspension secondly to Excommunication thirdly to Deposition from the Ministry Rigour enough for verball commination and in respect of some degrees of offence recorded in the Canon somewhat too much for reall execution so that there is no need of more security by assent to the things required then the subscription to the three Articles of the 36. Canon and the severity of the 38. Canon against such as revolt from that ratification And by that wee reade in the Archbishops late reply to A.C. it seemes confession and subscription are enough for that we professe in point of faith to give satisfaction and assurance of our sincerity even to a professed adversary for when A.C. had said g Archb. Laud in his relation of his conference with Fisher p. 326. that it is not fufficient to beget a confidence in this case to say we beleeve the Scriptures and the Creeds he returneth him this answer But if wee say it you are bound in charity to beleeve us for I know no other proofe of faith but confession of it and subscription to it and for these particulars wee have made the one and done the other so it is no bare saying but you have all the proofe that can bee had or that ever any Church required If his Lordship had remembred this at the late Synod it may be he would not have thought it meet to require us to sweare beyond our confession and subscription formerly made for why should hee or the rest of the Synod have lesse faith and charity to entertaine our testification then
of the same signification by his Majestie in his late large Declaration And all three signifie with reference to the Church Ecclesiasticall callings ordinances and the exercise and application of them to such as are subject to them both wherefore they that are best acquainted with them all stile their bookes of them indifferently of t Mr. Travers or Udals Eccles Discipline Ecclesiasticall Discipline u Dr. Bridges his defence of the governmeÌ„t of the Church Church Government and x Mr. Hookers Eccles Policie Ecclesiasticall Policie and in a large sense the terme Discipline containeth them y The dispute against English Popish Ceremonies c. 8. sect 8. as it is cited in the Scottish Duplies p. 93. all And so it is taken by z Archbishop Whitgifts Reply to T.C. pag. 372. So also in the History of the Councell of Trent l. 2. p. 135. And Bishop Hall of Episcopacy part 3. p. 4. Archbishop Whitgift where he reduceth all that concerneth Religion to Doctrine and Discipline and so it seemeth they doe who composed the Oath as appeareth by their entrance into it And though sometimes that word be strictly taken for the censure of manners or correction of offenders as in the Preface of the Communion Booke usually read upon Ashwednesdaies yet in a large sense and that very familiar it is put for the whole policy or government of the Church whether a of which Discipline the maine and principall parts were these a standing Ecclesiasticall Court to be established perpetuall Judges in that Court to be their Ministers others of the people twice so many in number as they annually chosen to be Judges with them in the same Court Master Hooker Praefat. of Eccles Polit. pag. 5. Master Cartwr Archbish Whitgist Rep. p. 2. Presbyteriall as in Geneva or Episcopall as with us a principall part whereof is Hierarchicall Imparity in that sense it was said by Master b Master Mountag Appello Caesarem p. 108. Mountague That the Synod at Dort in some points condemneth the Discipline of the Church of England meaning especially the Government by Bishops and so also did the c Dominus Episcopus Landavensis de Disciplina paucis monet nunquam in Ecclesia obtinuisse Ministrorum paritatem non tempore Christi ipsius c. sic Synod Dord sessione 145. April 30. Antemerid Bishop of Landaffe take it when in answer to him and confutation of him hee repeated the defence made by himselfe for the Hierarchy of the English Church in that Synod noting in few words concerning the Discipline That the Church never had a parity of Ministers no not in Christs time wherein there were the twelve Apostles superiours to the 72. Disciples which he sheweth was not contradicted by that Synod In the same sense it is used by d Patres non volentes sed nescientes non per Apostasiam aut contemptum sed per infirmitatem ignorantiam lapsi sunt qui in Disciplina aberrarunt Parker de Polit Eccles lib. 2. cap. 8. where by Discipline must be understood the Government by Bishops others who are not of the same mind in the point of Episcopacie The observation of this imparity in giving precedence to Superiours is called Discipline in the e Scimus inviolatè permansisse Ecclesiae Disciplinam ut nullus fratrum prioribus suis se auderet anteponere Concil Milevitan Can. 13. thirteenth Canon of the Milevitan Councell the Ceremonies also in rule and practice are reduced to Discipline in the prefatory Declaration before the Communion Booke under this title Of Ceremonies why some abolished some retained where it is said that some of them doe serve to decent order and godly discipline and againe without some ceremoniâ—s it is not possible to keep any order or quiet discipline in the Church which implyeth both the constitution and observation of them and to this acception of the words Discipline and Government in this Oath we rather incline but cannot of our selves so certainly resolve it as that we dare sweare it DOUBT 2. What is meant by the Church of England 2. Particular Doubt THE REASON BEcause of the ambiguity of the terme Church which is variously f See Doctor Downham in the defence of his Sermon lib. 2. c. I. p. 4. Master Jacob in his book of the necessity of Reform the Minist and Cerem Assert 1. pag. 6. with others distinguished but especially because the new Canons bring in a new acception of that word new in respect of the language of Protestant Divines for in the fourteenth Canon where caution is given concerning commutation of penance by the Bishop or his Chancellour there is this proviso That if the crime be publickly complained of and doe appeare notorious that then the office shall signifie to the place from whence the complaint came that the Delinquent hath satisfied the Church for his offence The satisfaction is by the payment of a pecuniary mulct that is made to the Bishop or his Chancellour either of them then or both together seemeth to bee called the Church in that Canon and that contraction of a word of such a large comprehension as the right acception of it requireth might breed some suspicion of symbolizing with the Popish Dialect though the sense bee not Popish wherein by an intensive Synecdoche that which is most extensive and diffused all over the world is shrunke up into the person of one man the Pope But because the matter of commutation in that Canon is of a narrower compasse then either Doctrine or Discipline in this wee may take the word Church in a larger acception and that may be either for the Clergy in generall when it is used by way of distinction from the Laity or as the 139. Canon decreeth it The Church representative in a Synod which g Episcopi sunt Ecclesia representativa ut nostri loquuntur Bellar l. 3. de Eccles c. 14. Archbishop Laud seemes to take the word Church for the Bishops in the Epistle Dedicatory before his Starre-chamber Speech where he makes request in the Churches name that it may bee resolved by the reverend Judges that keeping of Courts and issuing of processe in the Bishops names are not against the lawes of the Realme fol. penult p. 1. Papists restraine to Episcopall Prelates Or as the 19. Article taketh it A visible congregation of faithfull men in which the pure Word of God is preached and the Sacraments duly administred Or as in the 35. Article it may stand for the place where the people are assembled and holy offices performed but which of these or whether any other sense of the word Church bee meant in this place we leave it to those who have authority to interpret the Oath to resolve DOUBT 3. Why the Discipline is linked with the Doctrine of the Church of England for necessity of salvation 3. Particular Doubt THE REASON BEcause it seemeth to us to coast somewhat towards the conceipt of
to permit unto them and what that is who can tell but your selfe how then may it be safe to sweare to the Government of the Church by Archdeacons when wee cannot know what their Government is since the rules of that Office are very uncertaine and the prescription by practice more uncertaine to us especially who have had no such Jurisdiction in use among us and it may be if wee had wee should find more cause to except against it then to sweare for it which wee desire may not bee interpreted to the prejudice of any worthy person of that denomination and wee doubt not but there are many such and some well knowne to many of us for men of very eminent endowments both intellectuall and morall whom we acknowledge for such and so desire to enjoy them as our deare brethren and friends Of the c. Our Doubts hitherto have beene of the Governours expressed our next Inquiries are to bee made of the c. and of such Governours as are concealed under it and thereof our Doubts are divers and so counting on our 11. Particular DOUBT is Whether we may safely take a new Oath with an c. 11. Particular Doubt THE REASON BEcause in a new Oath we cannot be certaine without some expresse direction which in this case we find not how farre the sense of the c. reacheth and so we cannot sweare unto it in judgement as the Prophet Jeremy directeth Jerem. 4.2 but at the most in opinion There is no man would willingly seale a Bond with a blanke for the summe so that the Obligee might make the debt as large as hee listed and we conceive we should be more cautelous in ingaging our soules by an Oath then our estates by a Bond since in this the tye is more vigorous the breach more dangerous then it is in that and wee verily thinke that if wee should returne our deposition with some termes of the Oath as I A. B. doe sweare that I doe approve the Doctrine and Discipline of the Church of England and presently breake off with an c. though what followeth be well enough knowne it would not be allowed for a lawfull Oath which yet seemeth to us more warrantable then that which by this Canon is tendred unto us DOUBT 12. How farre the c. is to bee extended 12. Particular Doubt when it is expresly declared THE REASON BEcause of the variety of opinions which have beene conceived of the Contents of it * M. S. T. some who suppose they understand the Oath so well as to be able to expound it to others have said that the Governours of the Church are expressed before the c. and that under the c. are implicitely comprised the Rules or Constitutions of Government especially the Booke of Canons of the yeare 1603. but most conceive this to be an impertinent interpretation because the c. importeth somewhat of the same sort that went before and thus to expound it is to make a groundlesse transition à personis ad res but if we agree as most doe that persons are meant under the c. and those persons Governours which is most probable our Doubt is what Governours they be DOUBT 13. What Governours are included in the c. whether the King 13. Particular Doubt as Supreme be altogether omitted or implicitely contained in it THE REASON BEcause wee doe not know why hee should bee wholly omitted since hee is supreme Governour over all persons or causes both Ecclesiasticall and Temporall and so to bee acknowledged by all Preachers in their prayers before their Sermons by the 55. Canon nor can wee conceive any just cause why he should be but covertly implyed in an c. when inferiour degrees are formally expressed Object If it bee said that there is a peculiar Oath for his Supremacy to bee taken at the Ordination of Ministers and at other times by other persons upon severall occasions Answ We conceive that should bee no let to the asserting of his Soveraigne Right in this Oath because that Oath of Supremacy is expresly made as the title of it sheweth to shut out the usurpation of q The Bishop shall cause the Oath of the Kings Supremacy and against the power and authority of all forraine Potentates to bee administred to every one of them that are to be ordained So in the Ordinat of Deacons forrain powers and Potentates and so giveth no such security against those popular diminutions of his Ecclesiasticall Authority the jealousie whereof occasioned the reverend Prelates of the Church in the late Synod to propose this Oath as a Bond of assurance of their Episcopall preheminence They have shewed themselves zealous we confess in pressing his Royall Right both ecclesiasticall and civill against all r Can. 1. p. 13. popular as well as Papall impeachments and have annexed a penalty against such as shall by word or writing publickly maintaine or abett any position or conclusion in opposition to their explication of the Kings Authority But yet there is no Oath required to oblige any subject to a perpetuall approbation of his Regall power as supreme Governour of the Church as there is for Archbishops and Bishops nor is the penalty for publicke opposition thereof so dangerous as for a private forbearance of the Oath though with a timerous and tender conscience For for not taking of the Oath a Minister may for ever bee deprived of all hee hath within three moneths but for publicke opposition against the Kings power hee shall not suffer so much unlesse hee continue contumacious two yeares together as they that reade and marke the Canon shall observe It may be his Majesties Supremacie was left out by accidentall oblivion or if by resolved intention it was perhaps upon supposall that the caution of the first Canon made it superfluous and it may be there may be some secret mysterie in this omission which if wee may not presume to know some haply will imagine it is to give some better colour to the Bishops proceedings in sending out the Processes of their Ecclesiasticall Courts in their own names which hath been often reproved by their opposites as very prejudiciall to the Royall Prerogative though of late yeares for that particular there hath been an award procured and published on the Bishops behalfe according to the request of the ſ I do humbly in the Churches name desire of your Majesty that it may be resolved by all the reverend Judges of England and then published by your Majestie that our keeping Courts and issuing Processe in our owne Names and the like exceptions formerly taken and now renewed are not against the Lawes of the Realme as 't is most certaine they are not that so the Church Governours may goe on cheerfully in their duty and the peoples minds be quieted by this assurance that neither the law nor their liberty as subjects is thereby infringed L. Archb. his Epist Dedicat. to
d Archb. Whitgift in his defence of the answ to the Admon p. 386. Archbishops were set up for the keeping out of Schisme among Bishops as Bishops for that end were set over Presbyters we doe not gainsay it but say that our Doubt is not now of the politicke end but of the originall right of their exaltation and withall we may note that this Argument drawne from the prevention of Schisme may climbe too high and indeed it hath done so for at the next step it lifteth up Patriarchs above Archbishops and at the next after that a Pope above Patriarchs and all this upon the same pretence of preventing of Schisme but the further it hath advanced the worse it hath succeeded for the welfare of the Church both in respect of Heresie and Schisme for Bellarmine saith e Omnes Ecclesiae Patriarchales praeter Romanam habuerunt per longa tempora manifestos Haereticos Bel. de notis Eccl. 4. not 5. c. 8. p. 74. All the Patriarchall Churches except the Romane for a long time have had Bishops which were manifest Heretickes If his observation be as true for the most which for a great part we may beleeve though we dare not take it upon his bare word as his exception is false for the Romane Patriarch for he is the most Hereticall and Schismaticall Prelate in the world wee can have no great confidence in the end the keeping out of Schisme unlesse the meanes the raising up of Bishops to that height be found to bee warranted by the Word of God yet wee make great difference betwixt the Popes claime of universall and unlimited Supremacy upon this ground and that of Archbishops and Patriarchs confined within the reach and under the checke and restraint of a temporall Potentate For the other offices of Government named in the Oath or involved in the c. there is none that pleadeth a Divine Right and we may say of most of them as f Bish Downh in the defence of his consecr Serm. l. 1. c. 8. pag. 185. Bishop Downham doth of some of them As for ordinary Vicars that is Vicars which are Ecclesiasticall Judges in ordinary Chancellours or Commissaries scil of the Laity the Bishops in these times i. of Saint Augustine and Ambrose had none not so much as the Steward of the Church might bee a Lay-man They neither did then nor rightly could they claime a Divine and Apostolicall right for their callings which wee may the rather say for the saying of Anacletus who about the yeare 103. being Bishop of Rome hath in one of his Epistles written That there were but two orders ordained by our Saviour viz. of Bishops and Priests nor were any more either orders or degrees either appointed by God or taught by the Apostles whereof though many doubt in regard of that he affirmeth of the originall of Bishops yet they will easily assent to his deniall of the rest and what their right is either by custome or humane constitution we are very doubtfull and while we doubt we dare not sweare 4. Partic. Their perpetuity not to be changed The 17. DOUBT How farre this perpetuity propounded is to be applyed to the Discipline or Government of the Church 17. Particular Doubt THE REASON BEcause as before hath been observed Discipline and Government seeme at the beginning of the Oath to be the same and in this part of it wee find no cause to divide them and then our Doubt is Why a great part of the Discipline and Government consisting in Constitutions concerning Ceremonies and other things of alterable nature as g The accidentall points of Government as the manner of electing Ministers the kind of Discipline accidentall Ceremonies and other such like Rites and Circumstances may bee varied according to time place and persons Archb. Whitgift in a Note of dangerous points of the Doctrine of T.C. presently after the Preface nu 19. The like hath Bish Hall in his Apology against the Brownists p. 595 596. Archbish Whitgift acknowledgeth wee should sweare to a perpetuity whereby we conceive we shall crosse at least the intent of the 34. Article to which the Clergy have subscribed which saith Every particular or nationall Church hath authority to ordaine h The like we have noted before out of the Preface of our Service Booke change and abolish Ceremonies or Rites of the Church ordained onely by mans Authority so that all things bee done to edifying and withall shall much impeach the freedome of future Synods for they that are forestalled with an Oath against change cannot bee so free to change when just occasion requireth as they should be It is an exception made by the Divines of Aberdene against the Oath of the Covenant in Scotland i The generall Demands of the Ministers and Professors of Aberdene Deman 10. p. 26 That it taketh away all hope of a free Assembly or Parliament to judge of the matter presently debated for how can those say they vote freely of any matter propounded to decision and deliberation of the Church and State who have already sworne to adhere to one part of the Question And our dread Soveraigne in his large Declaration sheweth k The Kings Declar. concerning the Tumults in Scotl. p. 330. That points of Discipline Government and Policy of the Church even in Scotland are declared by Act of Parliament Act. 20.21 to bee alterable at the will of the Church it selfe and so repealable by succeeding Acts if the Church shall see cause And our Church to this day doth professe a purpose and desire of alteration of Discipline for in the beginning of the Commination in our Service Booke these are her words Brethren in the Primitive Church there was a godly Discipline that at the beginning of Lent such persons as were notorious sinners were put to open penance c. In stead whereof untill the said Discipline may be restored again which thing is much to be wished it is thought good c. the same desire appeareth in the Synod at l The Councell of Challons held an 813. Can. 25. Symps of the Church p. 560 561. Challons decreeing an intreaty to bee presented to the Emperour That the ancient Discipline may bee restored againe and that they who sin publickly may bee brought to publick repentance and every man according as he deserveth may either bee excommunicated or reconciled And for Excommunication in particular which is a chiefe point of Discipline or Government of which m 1. Whether the name might not be altered 2. Whether in place of it another coercion might not be invented Conser at Hamp Court pag. 19. King James propounded an alteration both for the name and thing c. we conceive it not onely alterable from that which is now but being more frequently inflicted for non-appearance then for the foulenesse of the offence when it doth appeare meet to be altered and reformed according to the n See Reform leg Eccles Ã
i The Councell of Challons Can. 18. p. 560. Symps of the Church It is reported of some that they compell the persons who are admitted in time of their Ordination to sweare that they are worthy and that they shall do nothing repugnant to the Canons and that they shall be obedient to the Bishops who ordained them and to the Church into which they are ordained which Oath in regard it is perillous we all inhibit and discharge And the Triburiensian Councell having a respect both to their credits and consciences made a cautelous Constitution k Presbyter in judicio ad jurandum cogi non debet sed vice Sacramenti per sanctam consecrationem interrogetur Concil Triburiens Can. 21. an 895. p. 782. Caranz edit 1633. That a Presbyter should not bee compelled to sweare but in stead of an Oath he should be questioned upon his holy consecration i. as it is probable in verbo Sacerdotis because as the Reason is there rendred our Lord forbade his Disciples to sweare Object But say some Did not all both minister and people in the City of Geneva which many magnifie as the Metropolis of Piety take an Oath for shutting out of Popery and setting up of the Presbytery without all this adoe Answ They did indeed sweare to banish the one and to establish the other as l Mr. Hooker in the Preface of his Eccles Polit. Master Hooker observeth but First Is it any good Argument that because they have sworne against the Prelacy that we must sweare for it men by law are not allowed to take contradictory Oaths and if there bee any Authority in their example it may serve rather to make us doubtfull then resolute to sweare though wee thinke it might bee more reasonable to require Geneva to receive some Doctrines from us then wee Discipline from them As concerning the Sabbath they of Geneva might have learned founder Instruction from our Homilies then wee from m Calv. Instit lib. 2. ch 8. Calvins Institutions though otherwise an excellent book or from the common practice of that City Secondly their Oath was not in ambiguity like ours nor is ours as theirs was regulated by Scripture For First they n Mr. Hookers Prefat before his Eccles Pol. fol. 5. p. 1. sware in plaine termes never to admit of the Papacy among them againe and among them it was not so ambiguous what points should be reputed Popish as with us it is Secondly to live in obedience to such orders concerning the exercise of their Religion and the forme of Ecclesiasticall Government as the true and faithfull Ministers of Gods Word had agreeably to Scripture set downe for that end and purpose Thirdly for the abandoning of Popery they might safely and heartily sweare and so could wee if an Oath were tendred against it which were not otherwise lyable to exception and for the Discipline or Government the Clergy made no scruple of it for they propounded it as a certaine preservative to the purity of Religion and the people were induced to receive it because it made them partakers of a new priviledge and that a great one for to one Pastour were joyned two Lay-elders in the Government of the Church and so their swearing was as the taking of this Oath by Archbishops Bishops c. a confirmation of their owne Interests Fourthly as they made no doubt of the lawfulnesse of the Oath so were they not urged unto it by any commination of danger and so their swearing might be with a free will not mixed either with reluctancie of conscience or with feare of penalty Fifthly the Discipline of Geneva is said to bee a o The Lord Archb. of Canterbury in his Speech in the Starre-chamb new-fangled Discipline of Calvins devising and it is further delivered as an undoubted truth p Bish Hall in his second undoubted proposit added to his Irrefrag pag. 6. That no man living no record of History can shew any Lay-presbyter that ever was in the whole Christian Church untill this present age But the Government by Bishops is held by those who propound this Oath to bee q The Archb. Speech forecited pag. 6. of divine right and to have continued in the Church r Bish Halls book his first undoubted proposit ever since the time of Christ and his Apostles untill this present age If so they of Geneva had need of an Oath to give strength to their new invented Government and we without an Oath might be confident of the continuance of ours according to the sound resolution of the renowned Doctor of the Law Gamaliel in the fifth of the Acts of the Apostles If this counsell or this worke said hee be of men it will come to nought but if it be of God you cannot overthrow it lest haply yee be found even to fight against God Act. 5. v. 38 39. Pope Clement the seventh upon this ground though mistaken as in application to the Papacy grew very confident against the feare of a future Councell as the Authour of the History of the Councell of Trent reporteth in these words ſ Pope Clem. Hist Trent l. 1. p. 51. There was a fame spread the Pope would have no Councell for feare his Authority should be restrained areason which maketh no impression at all in him having his Authority immediatly from Christ with promise that the gates of Hell should not prevaile against it and the experience of former times hath shewed that the Papall Authority hath never been diminished by any Councell but according to the words of our Lord the Fathers have ever confessed it to be absolute and unlimited as it is indeed In word rather or in conceipt at the best and it was conceipt and no more that upheld his heart against all oppositions of his power And our reverend Prelates have so much lesse cause to feare their state though it be not supported by swearing as they have more warrant to build their hopes upon the oraculous sentence of that famous Doctor The other particular more especially respecteth the piety of the people whose consciences are like to be carefully guided by such Divines as are chary of their owne Of whose Ministry if they should be deprived it is not like that generally there would bee found a supply to countervaile the losse of their religious labours and exemplary practice the two chiefe helps to holinesse of life and we conceive it a point of Piety and a case of conscience worthy of the grave and godly consideration of the reverend Prelates to resolve whether because in this case wee dare not sweare God will reject our service in his Sanctuary if not why should they The saying of Wickliffe though condemned as hereticall in the Popish Councell of Constance may as we conceive with a little correction bee made a very Orthodox position and pertinent to this purpose Thus t Nullus Praelatus debet aliquem excommunicare nisi priùs sciat excommunicatum
à Deo Artic 11. Wickl Imputat in Concil Constam fol. 437. Concil Caranz None should be excommunicated by any Prelate unlesse he know him or rather thus unlesse hee conceive him excommunicated by God And if so while God is pleased as we hope he is to accept our endeavours to glorifie his Name and edifie his Flocke wee trust it will not be held any part of godlinesse with the Pastorall staffe to drive any faithfull Pastour from the fold of Christ 2. On Charity Secondly wee ground our Hopes upon your Lordships Charity whereof the fundamentall Rule in the Affirmative part is u Mat. 7.12 To doe unto all men as wee would they should doe unto us and in the Negative not to offer that to others which in the like case our selves would not suffer And we doubt not but your Lordship would bee loth that your feare of offence against God and your conscience should be so severely punished as by the Canon is threatned to such as are affraid to take this Oath and if you looke but upon us without reflecting upon your Lordships wee trust that for this after our long and studious endeavours in the University wherein some of us have spent our Patrimonies which might have maintained us in another course without Ecclesiasticall meanes after our constant and painfull imployment in our Pastoral charges even to the tyring out of our strength after our families are increased beyond our abilities to support them without the meanes wee receive from the Church and for many of us wee may say but poorely with it you will not by the discharge of this Canon upon us put us upon the poore refuge of the Canon of the x Clericus victum vestimentum sibi artificiolo vel agriculturâ praeparet Concil Carthag 4. Can. 51 52 53. Councell of Carthage made for inferiour and single Clerkes to labour in husbandry or manufactures which your y Ministers shall not give themselves to any servile labour Can. 75. Canons precisely prohibit for our maintenance sweare we dare not digge we cannot we were no Fishermen nor Tent-makers or other Artificers before we entred upon this holy calling and to begge we are ashamed and we may be also affraid since by the Law z The Complete Justice p. 212. nu 16. edit 1638. begging Scholars are no better then Rogues and so to be severely punished rather then charitably relieved what then shall we doe It is a good Rule given to Visiters by Gavant saith a * Bish Hall in his second book of moderation sect 9. p. 65. reverend Writer of your owne ranke that they should be sparing in making Decrees and no lesse profitable to spirituall Governours which Erasmus relates out of Gershon that they should not rashly throw about the Thunderbolts of their censures lest they should not take time sufficient to distinguish betwixt such as are more capable of pity then of severity and those who are more worthy of the rod then of the spirit of meeknesse to spare the one though they punish the other And wee looke for no lesse moderation and mercy from your Lordship since a b The Gouncell of Challons Can. 41. Councell adviseth you thus It becometh them who are in eminent roomes to deale mercifully with their inferiours knowing that they are brethren And while we accompt you in regard of the gravity and eminency of your parts and places Fathers wee cannot but hope that you will deale with us as with your sonnes with a c As for rule if we affect any but fatherly and moderate and such as must necessarily be required we doe not deprecate to censure Bish Hall of Episcopacy part 2. p. 58. fatherly moderation and not thinke us worthy to bee dis-inherited or cast off while wee desire and endeavour faithfully to hold on in our course of the service of God and his Church And we doubt not but you will remember the godly and gracious words of your owne Ordination d In the book of Ordination pag. penult That you have your Authority not to destroy but to save not to hurt but to help e Ibid. And that you are to be to your Flocks shepheards and not wolves to be so mercifull as not to be remisse so to administer Discipline as not to forget mercy and to bee so farre from oppressing of us that if wee were oppressed by others you should bee ready to succour us This is one end of Episcopall Visitations for which there is a Decree in a Councell of Arles to this effect f The Councell of Arles an 813 Can. 17 p. 564. Patrick Sympson of the Church Let every Bishep visit his bounds once every ye are and if he finde the poore to be oppressed by the violence of the mighty then let him with wholesome admonition exhort them to desist from such oppression and in case they will not desist from their violence then let the Bishop bring the cause to the eares of the Prince Nor doe wee conceive our different perswasion concerning this Oath doth represent us unto you as unworthy of your fatherly Compassion since he that of late hath shewed himselfe a most zealous Patron of Episcopall preheminence expresseth a pitifull affection towards the Divines of the Reformed Churches notwithstanding many greater differences then this of the Oath in this sort g Bish Hall in his Apolog. for Episcopacy part 1. sect 17. pag. 108. We heartily pity saith he the incompetent provision of our forraine brethren whose parts are as eminent as their maintenance is poore He whose charity reacheth so far off in commiserating the poverty of forrain Divines would not surely and wee trust many of the reverend Prelates are as pitifull as he be a meanes to make such miserable objects here at home by depriving of so many conscionable Ministers as make scruple of the Oath of the due provision whereof they are lawfully possessed especially if hee remember the Canon of the Matiscon Councell which saith h Episcopalis domus ad hoc instituta est ut sine personarum acceptione omnes in hospitalitate recipiat Concil Matisc 2. Can. 13. That a Bishops house is purposely appointed to afford hospitality to all that need without respect of persons And that other Canon of Charity which goeth under the name of the Apostles in these words i Si quis Episcopus aut Presbyter Clerico ex inopia laboranti necessaria non suppeditaverit à communione rejicitor si perseveraverit deponitor ut qui fratem suum necaverit Can. Apost 58. If any Bishop or Presbyter doe not minister to the necessities of a Clerke that is in want let him be debarred from the communion and if hee persevere in his want of pity let him be deposed as guilty of his brothers death in withholding from him brotherly reliefe Which not onely by the generall duty of Christianity but by especiall promise the Bishops of England are bound in conscience to
there were present 482. Bishops and 800. Abbots who saith he have lesse to doe then Presbyters in the government of the Church Wherein he implyeth that there should be many more then two Convocation Clerkes in a Diocesse to advise and vote at a Synod And in our Diocesan Synods which are yearly called according to the ancient p Concil Agethen an 440. Can. 40. fo 165. Caranz Canon and Custome wee are all summoned to appeare in the Consistory as in the name of a Synod But when we come thither we have so little power and liberty allowed us either for discussion or determination of any matter wherein Presbyters both in right and fact have had a freedome heretofore that most of us appeare rather as Delinquents standing at the Consistoriall Barre or at the best as Clients or Tenents paying a tribute of suit and service at the Courts of their Landlord So that we may take up the complaint of Duarenus the famous Civilian q Olim hi conventus indicebantur ut Episcopus simul cum Presbyteris de disciplina cleri de causis c. sed hujus honestissimi instituti vix umbram hodie videmus Fr. Duaren de Min. ◠1. c. 11. fol. 13. O fold Synods were called that the Bishops and Presbyters should treat of the Discipline of the Clergie of Ecclesiasticall causes and of divine Doctrine for there was no matter of any great weight which the Bishops without that Senate would determine but now saith hee wee can scarce discerne so much as a shadow of that most honest institution In the fourth Councell of Carthage about the yeare 401. besides many other Constitutions in the behalfe and in honour of Presbyters it was decreed r Concil Carth. 4. Can. 23. pag. 313. edit Fr. Longi That a Bishop should not determine any mans cause but in presence of his Clergie ſ Ibid. Can. 34. pag. 316. That the Bishop though in the Church and in the Assemblies of the Presbyters hee should sit in an higher place yet privately should use his Presbyters as Colleagues and sitting himselfe should not suffer a Presbyter to stand And as Presbyters were not to be disdained by the Bishops but to be taken into a respective society with them for the t Qui Episcopatum desiderat benum opus desiderat exponere voluit quid sit Episcopus quia nomen est operis non honoris intelligat se non esse Episcopum qui praeesse desiderat non prodesse Aug. de civ Dei l. 19. c. 19. tom 5. p. 1310. name of a Bishop was anciently rather a name of labour then of honour rather of duty then of dignity so were they so much to be honoured by the Deacons below them as u Diaconus ita se Presbyteri ut Episcopi ministrum esse cognoscat Concil Carthag 4. Can. 17. subordinate to them as well as to the Bishops x Nec sedere quidem licet medio Presbyterorum Diaconos Concil Nicen. 1. Can. 14. fol. 50. Ne Diaconus coram Presbytero sedeat Concil Aralat Can. 15. Tit. Can. fol. 70. Concil Constantinop 6. Can. 7. Diaconus quolibet loco jubente Presbytero sedeat Concil Carth. 4. Can. 39. That a Deacon might not sit among those that were Presbyters as was decreed in the first Councell of Nice And so it was observed at Rome as y In Ecclesia Romae Presbyreri sedent stant Diaconi licet paulatim increbescentibus vitiis absente Episcopo sedere Diaconos viderim Hieron cpi. ad Evagr. Hieron tom 2. pag. 334. Hierome hath noted untill vice increased And then saith he in the absence of the Bishop I have seene Deacons to sit in the presence of Presbyters And though in later times one Bishop hath had power enough to undoe many Presbyters for small matters yet heretofore in a criminall cause z Causa criminalis Episcopi à duodecim Episcopis audiatur causa Presbyteri à sex causa verò Diaconi à tribus cum proprio Episcopo Concil Carth. 2. Can. 10. fol. 111. a. A Presbyter could not bee condemned by fewer then six Bishops A Bishop indeed as an elder brother had a double portion to censure him for twelve were requisite for a doome against a Bishop and the Deacon as a younger brother to a Presbyter had but halfe so many to give judgement of him as the Presbyter had Now if with security of the publicke peace and the favour of our Superiours there should bee any alteration in the Ecclesiasticall Government wherein we might be assured to be dealt withall if not as Brethren as a Nos omnes Episcopi meminisse debemus Presbyteros omnes esse nostros fratres collegas in Ministerio non famulos non mancipia eosque jure divino non minorem habere in pascendo populo Dei potestatem quam nos habemus Spalat de Repub. Eccles l. 2. c. 9. pag. 284. some of the Episcopall order have professed and pleaded on our behalfe yet rather as sonnes to reverend Fathers then as servants to imperious Lords we dare not be such hypocrites as to forswear a consent to that which wee conceive to bee our right and cannot but be willing to enjoy THE OATH Nor yet ever to subject it to the usurpations and superstitions of the See of Rome The 20. DOUBT is Why in this part of the Oath mention is made rather of the See of Rome 20. Particular Doubt then of the Church of Rome THE REASON BEcause though an ordinary Reader observe no materiall difference betwixt them yet wee are taught by a * Mr. E. B. of the M. T. judicious Lawyer that there is as much difference betwixt the See of Rome and the Church of Rome as betwixt treason and trespasse and he proveth his position by the 23. of Elis cap. 1. where it is said That to be reconciled to the See of Rome is treason but to be reconciled to the Church of Rome is not treason For then saith he every Papist of the Church of Rome should be a Traitour being a member of that Church and therefore reconciled to it Now the See of Rome saith he is nothing else but the Papacy or Supremacy of the Pope whereby by vertue of the Canon unam Sanctam made by Pope Boniface the eighth he challengeth a superiority of Jurisdiction and coercion over all Kings and Princes upon earth and those persons which take Juramentum fidei contained in the Councell of Trent which acknowledgeth this Supremacy are said to be reconciled to the See of Rome But the Church of Rome is nothing else but a number of men within the Popes Dominions or elsewhere professing the Religion of Popery So the meaning of the Oath in this clause of it as hee conceiveth may bee this You must not subject the Church of England to the See of Rome but you may subject it to the Church of Rome That there might be some such subtle meaning in the choice of
that phrase I have some reason saith he to imagine since I find in their late Bookes that they say the Church of Rome is a true Church and salvation to be had in it Because this Doubt hath Law for its ground the knowledge whereof properly belongeth to another profession we would not take upon us to deliver it in our own names but in the name of that learned Lawyer to whom we are beholding for the distinction of those termes and if they should not bee rightly applyed to the words of the Canon or to the meaning of those that made it wherein hee ingageth himselfe no further then probable conjecture and so farre reacheth the reason hee alledgeth for it yet that may be unto us a further occasion of doubt and the more we doubt the lesse warrant we have for the taking of the Oath THE OATH And all these things I doe plainly and sincerely acknowledge and sweare according to the plaine and common sense of these words without any equivocation or mentall evasion or secret reservation whatsoever The 21. DOUBT How wee can sweare to a plaine and common sense and understanding of the Oath 21. Particular Doubt THE REASON BEcause we doe not find the words plain but very ambiguous as is already evident by the precedent Doubts nor do we know what sense or understanding of them we can call common since the Oath is new and is in many particulars so variously expounded that yet it is not apparent to us what construction beareth away the plurality of voices The Oath then must be well expounded before it can bee taken else equivocation will hardly be avoided THE OATH And this I doe heartily willingly and truly c. The 22. DOUBT What willingnesse is required in the taking of this Oath 22. Particular Doubt THE REASON BEcause the words heartily and willingly in conformity to the forme of subscription set downe in the 36. Canon import a plenary consent without any grudging or reluctancy of the heart or will as when a man hath a mind to take it with a freedome to refuse it according to the saying of Seneca b Si vis scire an velim effice ut possim nolle Senec. de Benefic l. 2. c. 18. pag. 281. If you would know whether I be willing or no leave mee at liberty to be unwilling but wee conceive it cannot be so in this case at least with many of the Ministry who would by no meanes take it but for feare of the penalty annexed to the not taking of it and so their willingnesse is no more then such as this I am willing to take the Oath because I am unwilling to be deprived of my Ministry and Meanes and so to bee undone for refusall of it As a man casts his goods into the Sea in a Tempest lest himselfe and they should perish together And then whether should we not rather be absolved from such a c Juramento meticuloso fit absolutio per Judicem Ecclesiasticum Decret l. 2. c. 2. fol. 157. pag. 2. col 2. timerous Oath according to the Canon Law if wee had taken it then pressed to take it when having no heart or good will unto it we cannot say we sweare heartily and willingly in any other sense then hath been said without hypocrisie and consequently not without perjury also Thus much of the first part proposed which concerneth the Oath it selfe the second part is of the Interpretation of the Oath 2. Part. Of the Interpretation of the Oath 2. Part. The 23. DOUBT How the Doubts of the Oath may be resolved and cleared 23. Particular Doubt THE REASON BEcause in this case it will not satisfie to say as the Casuists on both sides wee meane Protestant and Popish resolve That the words of an Oath must be taken as this Oath conformable to the Oath of e In Mast Dalton his Country Just pag. 16. edit 3. Allegiance hath it f Eo sensu accipienda sunt verba Juramenti quo audientes accepturos judicamus quem habent in communi omnium usu quia verborum significatio pendet ex hominum usu Amesius de consc lib. 4. c. 22 pag. 153. Azor. instit vol. 1. l. 11. c. 8. col 742 according to the plain and common sense and understanding for what that is is not yet discovered And wee beleeve the Divines of Aberdene said well g The Minist and Professours of Aberdene in their generall Demands pag. 14. That the words of an Oath should be cleare and plaine and if they be any way ambiguous the true sense of them should bee so declared and manifested that all may know it As to satisfie the Doubt which many made concerning the signe of the Crosse in Baptisme Or as h Bish Morton in his book of Cerem Bishop Morton more warily writeth the Crosse after Baptisme was a particular i Can. 30. Canon set forth for declaration thereof and for removall of all such scruples as might any way trouble the consciences of them who are indeed rightly religious k In dubiis benigniora sunt praefèrenda regul Juris 55. addit libro cui tit est Reform leg Eccles printed an 1571. Some thinke it sufficient according to the dictate of charity to take the words of the Oath in the most favourable sense which is expounded by some as having reference to those who impose it of whose intention we are bound to make the fairest and most favourable construction Some take the favour to themselves and make such a sense of them as may most conduce to their owne Interests whether for advantage or for avoidance of damage or danger and so cometh in the Collusion of the Jesuits by equivocation or mentall reservation to save themselves from being discovered in their dangerous designes This is somewhat like that which some say of Manna that it was that to every mans taste wherewith it was most delighted So that shall be the meaning of the Oath which best pleaseth any that is to take it Azorius a famous Casuist of the Ignatian order determineth l In foro Judiciali semper est jurandum secundùm communem sensum quem reddunt verba ipsa communem hominum usum Azor Instit vol. 1. l. 11. c. 8. col 742. That in a Judiciall Court an Oath must be taken according to the common sense of the words m Ex communi hominum sententia juramentum in foro conscientiae semper accipiendum est juxta jurantis mentem Ibid. but in the Court of conscience all men hold saith hee that it must bee understood according to the mind of him that sweareth as if Justice and Conscience held contrary Tribunalls in the soule as Justice and Equity in the state and the same Oath might be right in the one and wrong in the other An absurdity like that which our dread Soveraign derideth in his large Declaration viz. n The Kings large Declaration