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A48308 Defensive doubts, hopes, and reasons, for refusall of the oath, imposed by the sixth canon of the late synod with important considerations, both for the penning and publishing of them at this time / by John Ley ... ; hereunto is added by the same author, a letter against the erection of an altar, written above five yeares agoe, and a case of conscience, touching the receiving of the sacrament, resolved. Ley, John, 1583-1662. 1641 (1641) Wing L1874; ESTC R21343 93,675 154

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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