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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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

and a seditious Assembly and have added to their calumnies of us comminations of the highest displeasure and danger against us To what height would they have raised their indignation towards us if wee should have met of purpose to make a common purse to maintaine our cause as the a Bish Godwins Catal. of Bishops p. 116. Clergy in Henry the thirds time did against Boniface Archbishop of Canterbury or should have burnt the new booke of Canons as b Hist of the Councell of Trent l. 1. p. 12 Luther did the Popes Bull and Decretalls when a meeting in it selfe so faultlesse and inoffensive is racked to make it reach to the height of an hainous crime 2. The second particular is the presenting of that which upon the request of my Brethren I had performed first unto them which I did the next Exercise after notwithstanding my burthen of other businesse betwixt them both and received from them such an attestation and acceptance upon the reading thereof as I may well take for a recompence of greater paines then it cost mee and which may embolden mee to adventure it upon the view of other eyes then of professed friends From my Brethren of the Presbytery it was next to be a graduate to the Bishop of Chester But while that was in deliberation when and by whom to be done I was informed that a Letter was written by the Archbishop of Canterbury to other Bishops both of this and the other Province not to presse the Oath upon any untill the 13. of October and for that time it was resolved by some of us to whose discretion such considerations were referred it should be reserved Meane while we had assured newes of a Parliament shortly to ensue That as many of us then conceived so varied the case that it invited us to betake our selves to another course then wee intended before and then it was thought fit neither so to solicite the Bishop as if wee did principally depend upon his favour for our freedome from the Oath nor yet so to passe by him as to give cause of suspition that he was slighted by us and therefore about the 14. of October I brought him the Booke at first especially prepared for his reading which I told him I tendred not to him then as an Agent for the Clergy but as of mine owne private and particular respect unto my Diocesan which was such that I would not consent though much importuned that any should have a Copie of what I had composed untill it were first offered to his perusall for which it was at first intended and by joynt consent concluded among us Thirdly for the addition now made to it I may say truly and some of my Brethren can testifie with mee that the most of it was penned before any part of it was sent to the sight and censure of the Ministers at W. and I therefore kept backe divers sheets of it of purpose that it might not be too long for their leisure at their first meeting after it was finished to reade it together And now since upon notice of more they will not rest content with a part lest they should sort mee to c Act 5.3 Ananias and Saphyra for a sacrilegious detention I am resolved to communicate the whole first unto you and then by you unto others And for this I am now in the fourth place to render some Reasons and they are chiefly these First to gratifie my Brethren and Friends who importunately presse mee to make them partakers of my private Dictates concerning the Oath Secondly to justifie our refusall of it which some have superciliously censured as proceeding of simplicity and some uncharitably as savouring of contumacy or of hypocrisie as if wee did but pretend a tendernesse of conscience and therefore that wee would be sure to take it rather then suffer any thing for standing out against it Thirdly to rectifie the mistaking of divers transcripts of my Booke from the first Copy which are spread abroad in many places either without my knowledge or against my will some whereof I have seen and by them have found out a double falshood the one of theft in stealing of Copies without my consent the other of lying in putting their ignorant or cursory slips upon mine accompt as if I had made them Fourthly to cleare the doubt of some and to confute the mis-report of others who give out that I am the Author of a Booke intituled Englands complaint to Jesus Christ against the Bishops Canons wherein I was a meere stranger for the matter of it untill I saw it in print and am yet for the maker of it now it is printed and though such as well know mee will no more beleeve it to bee mine then mine d Mr. E. B. ingenuous friend would doe who with his advertisement of that mis-taking wrote thus unto mee I am confident you never wrote it for it savours nothing either of your stile spirit or judgement Whereupon I have made bold in your name to disavow it yet for prevention of misprision in others it will doe well that this Booke bee extant as well as that and so may such as will bee pleased to compare them see more difference betwixt them then betwixt e Menander fecit Andriam Perinthiam qui utramvis rectè norit ambas noverit non ita sunt dissimili argumento Terent. in Prolog in Andr. Menanders Andria and Perinthia which though they were composed in a various phrase and stile were yet so like both in their argument and genius of the Poet that he that knew the one must know them both as sister-births of the same Authors braine which I dare confidently averre no well advised Reader will suspect of the Book which modestly discourseth of the Doubts of one Canon and that Booke which peremptorily condemneth them all and yet if not onely private fancy but publicke fame should father it upon mee I should not take the matter much to heart since the other day The most reverend father and for his rare learning constant preaching and consonant living the most renowned Archbishop of Armagh told mee of an egregious imposture putting his name to a late Pamphlet whereof not so much as one line was his which passed abroad a while as a Manuscript but was presently by printing to proceed to more publick notice if he had not opportunely procured an Order from the Honourable House of Commons in Parliament to the Master and Company of Stationers to prevent the impression whereof giving me some f According to the Tenour set downe as hereafter followeth printed Copies of it he willed mee to give an Advertisement thereof to the Readers of my Booke that neither himselfe nor others might be any more abused by such a fraudulent forgery and I might say impudent also for what impudence was it to impose such a discourse upon his Fatherhood a person so well so generally knowne and not more knowne then

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 à