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
Bishops allowing sometimes larger sometimes lesse Authority unto them Some have had power to b Crimina excessus quorumcunque Laicorum criminibus Adulterii Incestus tantummodo exceptis So in the Patent of Mr. P. Mr. E. Mr. L. for the Deanrie of F. censure all offenders and offences of the Laity the crimes of Incest and Adultery alone excepted And some have beene limited to the correction of some few faults specified in their Patents and of late about or not much above three yeares since have most of the Deanries been compounded together into one Patent or two at the most and assigned to the Archdeacons by your Lordship and by them resigned for execution to the Chancellour as their Officiall for that Jurisdiction Now if Deanes Rurall be meant in the Oath and considering what authority and power both in former times and of late they have had in this Diocesse and it may be by the Constitutions of the Church yet in force ought to have we know not why they should bee left out of the Government of the Church nor why they should not bee contained under the title of Deanes how can wee without being over-bold with our consciences take them into such an Oath there being so much diversity and uncertainty of their Authority Of Archdeacons The 10. DOUBT is What is the Authority and Government of Archdeacons 10. Particular Doubt THE REASON BEcause Deacons are inferiour to Presbyters so farre inferiour that a Deacon though dignified should not presume to sit before a Presbyter by the c Concil Constantinop 6. Can. 7. fol. 311. Caranz sixth Councell of Constantinople and so an Archpresbyter as a Deane Rurall is usually stiled should be superiour to an Archdeacon but as Doctor d Doct. Field of the Church l. 5. c. 25. p. 492. Field observeth notwithstanding all the Canons to the contrary they were many as we may have occasion to note elsewhere and the violent opposition of Hierome and other Worthies of those times they were lifted up not only above Presbyters but above Archpresbyters also and that came to passe as hee observeth for divers causes First because there were fewer Deacons then Presbyters and so e Diaconos paucitas honorabiles Presbyteros tutba contemptibiles facit Hier. ad Evagr. tom 2. pag. 334. paucity made the one sort to be honourable and multitude the other rather contemptible Secondly because Deacons had the charge of the treasure of the Church which kind of imployment is usually much set by Thirdly because they were often used by the Bishop for viewing of such parts of his Diocesse as hee could not conveniently visit himselfe and wee may conceive the reason of that to be because the Deacon was a close adherent to the side of the Bishop and that so necessarily as Epiphanius conceived that as f 3. Partic. Doubt pag. 20. lit q. before we have noted under another title hee said g Sine Diacono impossibile est esse Episcopum Epiphan Heres 75. l. 3. tom 1. p. 215. col 2. It was impossible for a Bishop to bee without a Deacon whereupon in tract of time as the Cardinalls by their propinquity to the Pope overtopped the Bishops who at first were so farre inferiour to them h refertur multos Episcopos praetermissos fuisse Cardinalari ne sie dignitate minucrentur Fulv. Pacian Tractat. de probationibus lib. 2. cap. 28. fol. 94 p. 1. col 1. That a Bishop would not be a Cardinall because hee would not submit to a diminution of dignity so the Archdeacons by their neernesse to the Bishops came to be exalted above the Presbyters which as Doctor i Doct. Field of the Church l. 5. c. 25. p. 492 Field conceiveth was in Saint Hieromes time But though there were then an Archdeacon above the Deacons who did not only officiate himselfe but prescribed unto others what they should doe yet an Archdeacon with allowed Jurisdiction over Presbyters was of a later Institution Bishop k Archidiaconatus gradus est novus Bish Andrâ—n Respâ—ad 3. Epist Pet. Moulin p. 191. Andrewes saith an Archdeaconship is a new degree which I suppose he would not have said if it had been authorized in Saint Hieromes time when if it were in use it was without the approbation of the best as hath been noted wee may well conceive then that Saint Stephen the Protomartyr was not an Archdeacon as he is called in the Decree of l Decret Lucii Pap. an 255. Caranz sum concil fol. 28. pag. 1. Pope Lucius For the Archdeacons Jurisdiction it is so diversly set downe in Ecclesiasticall Constitutions that it is very hard to tell what by rule their Office or Government is as will appeare to him who will take paines to peruse the quotations in the m Concil Aurel. 5. Can. 20. p. 473. decret l. 1. de officio Archidiac fol. 56. p. 1. col 1. Liadw provinc constit lib. 1. de offic Archidiac fol. 36. col 2. Ã Reformat leg Eccles de Eccles Minist c. 6. fol. 48. b. Azor. Instit tom 2. l. 3. cap. 43. col 448. Doct. Cous de pol. Eccles Angl. c. 6. Certaine Canons containing some points of Discipline approved in the Synod 1571. Margin so that from Constitution their Authority flyeth for refuge to Prescription of which Doctor Field saith thus n Doct. Field of the Church l. 5. c 29. pag 509. The Archdeacons which at first might not sit in the presence of a Presbyter but being willed by him so to doe in the end became by reason of their imployment by the Bishop to be greater not onely then the ordinary Presbyters but then the Archpresbyters themselves and therefore it is confessed by all that the Archdeacon hath none Authority or power of Jurisdiction by vertue of his degree and order but by prescription onely nor can hee claime more then hee can prescribe for and it may be hee may prescribe for that which is not commendable haply not lawfull as for that which the Councell of Challons severely condemneth o Can. 15. apud Symps of the Church p. 560. It is reported by some saith the Councell that Archdeacons use domination over the Presbyters and take tribute from them which smelleth rather of tyrannie then of order Prescription and Custome may prevaile against Right and Truth as many times they doe as Tertullian saith o Quicquid adversus veritatem sapit id Haeresis est etiam vetus consuetudo Tert. Whatsoever is set up against that is Heresie though it be an old custome In this Diocesse the Archdeacons have for the most part been but titular since the foundation of the Bishopricke into which were incorporated two Archdeaconries the one of Chester the other of Richmond and of late some Rurall Deanries as before we have observed were assigned unto them and some of us have heard your Lordship say That their Jurisdiction is such and so much as you are pleased
the King before his Speech in the Starre-chamber Lord Archbishop of Canterbury that now is Object But howsoever if the mention of his Soveraigne Authority bee omitted there is the lesse to sweare to and so the charge of the Oath is more light and may for that the more heartily be taken Answ It is true if the omission give no occasion of timerous surmise but to some it doth and if in charity wee hope the best of it in this case there is cause yet to doubt of the c. and therefore wee further demand of the subordinate Governours implyed in it The 14. DOUBT Who and what Governours they be 14. Particular Doubt THE REASON BEcause in the title of the seventh Canon there is mention of Archbishops and Bishops with an c. and in the body of the Canon Deans and Archdeacons are added to them and the next words are and the rest that beare office in the same that is in the Government of the Church of England And those that beare office besides these that are named are Guardians of Spiritualties Suffragans Chancellours Vicars generall Commissaries Officials Surrogates For the first t The Kings Preface before the late Can. pag. 9. Guardians of Spiritualties u So in the stat of 25. H. 8. c. 21. are those to whom the spirituall Jurisdiction of any Bishopricke or Archbishoprick is committed during the vacancy of the See x Episcopi Suffraganei coadjureres Episcoporum quorum vice nonnunquam ordinant Ministros Diaconos dedicant Ecclesias confirmant pueros ante informatos rudimentis Christianismi Doct. Cous de polit Eccles Angl. c. 7. Vide etiam Reform leg Eccles de Eccles Minist c. 16. fol. 51. b. Suffragans are titular Bishops ordained to assist the Bishop in his function whose turne they supply now and then in Ordination of Ministers and Deacons dedication of Churches confirmation of children that have been instructed in their Catechisme Chancellours who exercise ordinary Jurisdiction in the City of the Episcopall See next to the Bishop and by Authority derived from him y Can. 104. Vicars generall in some Diocesses are the same with the Chancellours as we may see by the stile of their Processes but if the office bee considered of it selfe as some describe it it is very large for thus we find it in Azorius A z Vicarius generalis potest excommunicare suspendere interdicere Sacramenta conferre vel conferendi facultatem concedere conferre Beneficia visitare inquirere instituere eligere confirmare praesentare corrigere punire votum jus-jurandum commutare relaxare Azor Instit tom 2. lib. 3. cap. 43. col 448. Vicar generall may excommunicate suspend interdict conferre Sacraments or give faculty to others for that purpose hee may collate Benefices visit inquire institute elect confirme present correct punish change vowes and dispense with Oaths a Can. 103.119.128.135 Convocat 1603. Commissaries b See Lindw constit provinc l. 1. cap. 1. de accusat verbo mandat Archiepisc are such as exercise Jurisdiction afarre off over those who cannot well come to the Bishops Consistory in the City c Can. 119. Officialls are properly such as exercise Jurisdiction under Archdeacons and are simply called Officialls without addition and if the Commissary bee called by that name as many times he is it should not be simply but as in d Lind. Tit. de sequestr possâ—ss c. 1. verbo Officialis Lindwood with the addition of Foraneus e Can. 128. Surrogates are such as are substituted by Chancellours Commissaries and Officialls To which wee may adde Canons or Prebendaries of Cathedrall Churches who are joyned in Government with their Deanes and are with them to bee à consiliis to the Bishop Clerkes of the Convocation and it may bee Parsons also may bee reckoned among Ecclesiasticall Governours for they are called Rectors of their Churches and Vicars and other preaching Pastours may be so called governing their Flocks as they doe And it may bee Registers Proctors and Apparitours of the Consistory Courts and Church-wardens and Sworn-men in particular Parishes may bee brought into the Oath by the Explication of the seventh Canon And if no Officers bee comprehended in it but Governours no Governours but such as have a coercive or compulsive power there are yet so many severall sorts of them so much diversity among them and so great difficultie to know their Government what it is and how farre it reacheth that very few not onely of the Laitie but of the Clergie also who are not profest Civilians with all can tell what hee sweareth to when hee sweareth to them under their expresse titles much lesse when under the ambiguous Intimation of c. These are our Doubts of the degrees of Government the next particular is their present state 2. Partic. As it now stands The 15. DOUBT 15. Particular Doubt Whether the establishment of the f So the Archbish of Cant. disting in his Speech in the Starre-chamb an 1637. p. 6. Adjuncts or the g So Bish Hall calleth them in the Coroll to his prop. touching Govern p. 7. not necessary Appendences of Bishops bee to bee sworne unto in this Oath THE REASON BEcause with them they now stand Episcopacy is now honoured and assisted by Baronries and the Ecclesiasticall Government by the high Commission now there are but two Archbishoprickes above the Archbishops no Patriarchs and the h Doct. Cous de polit Angl. cap. 3. Archbishops of Canterbury especially have many priviledges and prerogatives all which stand by the support or fall by the weight of Royall Authority from which their i Stat. 37. H. 8. c. 17. Stat. 1. Edw. 6. c. 2. 25. H. 8. c. 19. 1 Elis c. 1. 5 Elis c. 1. 3. Jac. c. 4. Jurisdiction is derived For first as Bishop Godwin observeth when Rich. Clifford was made Bishop of London by the Popes provision against the Kings mind it was King Edward the fourth he k Bish Godw. in his Catol of Bish p. 200. denied to give him his Temporalties and so made him desist from pursuit of that spirituall promotion and the same power will bee we doubt not confessed by all our Bishops to bee in all our Kings successively Secondly for the high Commission it was first set up as some Lawyers have told us but in the beginning of Queen Elisabeths raigne and is not so established but that by Regall power it may bee demolished Thirdly there may bee more Archbishops then two if it please the King for by the same right or better that l Ibid. pag. 58. Offa King of Mercia erected a new Archbishopricke in Lichfield leaving to the Archbishop of Canterbury for his Province onely London Winchester Rochester and Sherbourne may his Majesty that now is erect new Archbishops in what Diocesse hee pleaseth and may restore the old and so not onely Lincolne shall bee an Archbishopricke but m
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. â—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
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
Franciscus à Sancta Clara Provinciall of the minorite Friars who holdeth h Ubi nulli praeesse solent Episcopi deesse debent Presbyteri hos si domas quam miserenda quaeso horrenda sunt quae necessariò subsequentur nam ubi nulli sunt Presbyteri nulla erunt Sacramenta nisi fortè Matrimonium Baptismus Franc. à Sancta Clara Apolog. Episcop pag. 151. That where Bishops doe not rule there are no Presbyters where no Presbyters no Sacraments Hee excepteth according to the tenet of his Church Matrimony and Baptisme the former as a Sacrament the later as a Sacrament and more then that in the Popish opinion as necessary to salvation and hee so farre enforceth this necessity as to say i Episcoporum necessitatem inficiari nihil aliud est quà m Dominicae pasâ—ionis irritationem subintroducere nostrumque redemptionis piaculum evacuare Ibid. pag. 152. That to deny the necessity of Episcopacy is nothing else but to bring in the irritation of the passion of our Lord and to evacuate the vertue of his redemption which is in effect as Doctor du Moulin wrote to Bishop Andrewes k Hoc asserere nihil aliud esset quà m omnes nostras Ecclesias addicere Tartaro Pet. du Moulin cpist 2. Episc Wintonien pag. 173. opusc to damne the Reformed Churches of France and other Countries to the pit of Hell which being brought in as a consequence of the Bishops Tenet of the Authority of Bishops that reverend Prelate very wisely and religiously shunneth saying l Caecus sit qui non videat stantes sine ea Ecclesias ferreus sit qui salutem iis neget Episc Winton Resp ad epist 2. Pet. du Moulin pag. 176. opusc Hee wants his sight that seeth not Churches standing without that Discipline and hath an iron heart that consenteth not that they may bee saved and therefore our late learned Soveraign King James lest he should be mistaken in some of his speeches of some of those who had no good conceipt of the Discipline of the English Church when his monitory Preface wherein hee toucheth most upon such matters was published in Latine that hee might not bee thought to condemne the Churches whose Discipline is different from ours he expresly professed m Puritanorum nomine Ecclesias apud exteros reformatas earumveregimen non designari mihi est decretissimum rebus alienis me non immiscere sed illas reformatae Religionis libertati permittere sic ad fin Praefat. monitor in 8o. printed Lond. 1609. That by that hee had said therein hee intended neither reproach nor reproofe to the Reformed Churches or to their forme of Government but left them free to their Christian liberty And when the Bishop of Landaffe asserted the Ecclesiasticall Imparity of the Church of England at the Synod of Dort hee did not seeke to obtrude it as necessary to salvation but used this caution in the conclusion of his speech n Haec non ad harum Ecclesiarum offensionem sed ad nostrae Anglicanae defensionem The joynt attestation that the Discipline of the Church of England was not impeached at the Synod at Dort pag. 17. This I say said hee not to give offence to these Churches scil those whose Clergy assembled at that Synod but for the defence of our Church the Church of England And the Church of England surely at that time was farre from the conceipt of the Franciscan Friar fore-mentioned when hee and other learned Divines were sent to that Synod the most generall Synod of the Reformed side that hath been held since the reformation of Religion to assist with their consultations and to confirme with their suffrages and subscriptions the Decrees of that Synod wherein among many Presbyters there was but one Bishop and hee not President of that Assembly And when hee who hath pleaded for Episcopacy not onely as a pinnacle of honour but as a pillar of support to the Church wrote thus against the Brownists I o So Bishop Hall in his Apology against the Brownists sect 19. p. 588. reverence from my soule so doth our Church their deare Sister those worthy forraine Churches which have chosen and followed those formes of outward government that are every way fittest for their owne condition It is enough for you to censure them I touch nothing common to them with you which wee alledge not against the government of Bishops In a meet and moderate imparity as the same p Bishop Hall his prop of Church government added to his Irrefrag prop. pag. 6. Authour stateth their preheminence but onely against the necessity of their superiority to salvation which is the point wee have now in hand Whereto agreeth that of Epiphanius who conceived more necessity of a Deacon to a Bishop then of a Bishop to a Church saying q Ubi non est inventus quis dignus Episcopatu permansit locus sine Episcopo verùm sine Diacono impossibile est esse Episcopum Epiphan haeres 75. l. 3. tom 1. pag. 215. That where there was not a man of sufficient worth to bee a Bishop the place might be without one but it is impossible said hee that a Bishop should bee without a Deacon And the fifth Canon of the second Councell of Carthage decreeth r Placuit ut Dioceses quae nunquam Episcopos acceperunt non habeant quae aliquando habuerunt habeant Concil Carth. 2. Can. 5. That those places which never had Bishops shall have none at all and those that had them should have them still which they would not have done if they had conceived Episcopacy to be of necessity to salvation or of necessity to the being of a Church Quest But is there any cause to conceive that any of the late Synod imagined a necessity of Bishops either to save a Chrisian or to constitute a Church Answ Wee take not upon us confidently to impute that opinion to any nor can wee acquit the chiefest of them from such a conceipt for the Å¿ Archb. Laud in his relat of his conference with Fisher pag. 176. marg Archbish in his reply to A.C. having brought in a sentence out of Saint Hierome which is this t Ubi non est sacerdos non est Ecclesia Hieron advers Lucifer where there is no Priest there is no Church he taketh the word Sacerdos for one who hath the power of ordaining which in Hieromes owne judgement is no meere Priest but a Bishop only and thence concludeth so even with him no Bishop no Church which he so approveth as if some who professe more good will to Bishops then Hierome u See Doubt 16 pag. 80. and in the conference at Hampton Court pag. 34. are these words Hierome no friend to Bishops by reason of a quarrell betwixt the Bishop of Hierusalem and him elsewhere doth should say somewhat more or the same that he did with more confidence which to us seemeth little lesse and
not much better then that we have noted of the Minorite Friar For the saying of Hierome That it is not a Church that hath not Sacerdotem we that are Presbyters may as well conceive that he meaneth a Presbyter as he a Bishop that he meaneth a Bishop and Hierome a Presbyter as wee are if he were alive would as wee verily beleeve give sentence on our side For First it cannot bee denied that though there bee more dignity in a Bishop the is more necessity of a Presbyter that is of one to officiate in preaching the Word and administration of the Sacraments whereof there is continuall use then of a Bishop to ordaine if none could doe it but a Bishop which is required but sometimes and though a Bishop performe the same acts yet hee doth them not as a Bishop but as a Presbyter Secondly if Hierome meant that there is no Church without an ordaining Bishop and that is his opinion as his Lordship expounds him it is his errour an uncharitable errour which casteth not particular Christians onely but many Orthodox Churches out of the communion of Saints and consequently out of the state of salvation whereas if some Bishops had been as remote non-residents from their Bishoprickes as the Pope from Rome when he resided at Avinion in France or had medled no more with the Churches under their charges then the Italian Priests did when they had Benefices in England and knew onely the names of them and received tythes from them but did nothing for them or in them yet there might for all that bee true Churches and salvation in them well enough For of what use is such a Bishop or such a Priest either to the being of a Church or the well being or salvation of a Christian Thirdly if his words were true in that sense wherein his Lordship taketh them it would be necessary there should be as many Bishops as Churches and so that Bishops should be rather Parochiall then Diocesan Fourthly if the place in Hierome be unpartially perused it will not make much for the necessity of Bishops for Hierome in his Dialogue against the Luciferians whence the quotation is taken speaketh of one x Hilarius cum Diaconus de Ecclesia recesserit cum homo mortuus sit cum homine pariter interiit secta quia post se nullum clericum potuit ordinare Hieron advers Luciferian Dialog tom 2. fol. 49. col 2. Hilarius a schismaticall Deacon who dyed in the schism and his sect with him because being but a Deacon hee could not ordaine a Clerke to succeed him upon this saith Hierome y Ecclesia autem non est quae non habet Sacerdotem Ibid. It is not a Church which hath not a Priest The word is Sacerdotem which seemeth to bee of the same sense with the word Clericum a little before and that is there meant of him who is next above a Deacon and he is a Presbyter not a Bishop whose office in administration of the Sacraments is there particularly noted which belongeth to a Presbyter ut sic as he is a Presbyter not to a Bishop as he is a Bishop Object But hee speaketh of ordaining and that in Hieromes judgement was proper to a Bishop Answ 1. Hierome knew well enough that of old though it were otherwise in his time Bishops alone did not ordaine Church Ministers but the Presbytery with them 1 Timoth. 4.14 if not without them for many hold that at that time there were no Prelaticall Bishops above their brethren even to this day there is a shadow of that sociable power in ordination of Ministers of the Church of England retained in practice by the imposition of the hands of Presbyters with the Bishop and required by constitution in the 35. Canon of the yeare 1603. And some learned Papists are of opinion though it come too neere the truth to be common among them that Bishops may delegate their power both of z Episcopum in sua provincia posse committere simplici sacerdoti quod conferat sacramentum Confirmationis Martin Ledesma prima 4 ti qu. 13. a. 11. Confirmation and of * Episcopos posse delegare potestatem sacerdoti ordinandi sacerdotes aequè ac Papam Novariens tract 1. part 2.13 apud Fran. à Sancta Clara Apolog. Episcop pag. 249. Ordination to Presbyters or Priests Secondly though where there were Bishops anciently and usually ordination was not conferred without them yet where there were none without them it might be lawfully and effectually done as we shall note in another place and therefore no such necessity either of them or of ordination by them as is pretended And though the over-high exaltation of Prelates hath depressed Presbyters so farre below the right and power of their order that it is made in some mens conceipts a strange thing and a kind of presumption in any case to take upon them the ordination of Ministers yet Hierome surely was not of their mind when hee gave them the honour which some Episcopall parasites appropriate to Bishops to bee accounted the successours of the holy Apostles as he doth in the first of all his Epistles which is written to Heliodorus Thirdly from Hieromes words in this place wee may rather collect that a Presbyter as well as a Bishop may ordaine since hee denieth that faculty but to a Deacon then that by the word Priest a Bishop must bee meant and ordination peculiarly derived from him Fourthly howsoever where hee saith that it is not a Church that hath not a Priest hee is in reason to be understood not of one that hath power to make a Priest but of a Priest already made for such a one a particular Church cannot want but of a Bishop unto it there is no such need Fifthly if Hierome in this place being zealous against schisme spoke somewhat too freely in favour of Bishops which yet is doubtfull though more probable that he spoke on the Presbyters side then of the Bishops It is certaine that in other places which wee shall observe afterward hee expresseth himselfe farre from such fondnesse of affection to Bishops as his Lordship deduceth out of his words So much for the Testimonies of Hierome wherein wee crave his Lordships patience and pardon for our boldnesse since his explication and application thereof for the necessity of Bishops to the being of a Church and so by consequence to salvation hath put a necessitie upon us seriously to examine what hee said and meant Object There be some who to assert a necessity of Discipline say that Discipline comprehendeth a preaching Ministry and that 's necessary to salvation Answ 1. There is neerer affinity betwixt Preaching and Doctrine then betwixt Preaching and Discipline which is exercised more in matter of a Quid prodesset disciplinam habere in conversatione scientiam in praedicatione nisi ad sit bonitas in intentione Sermo ad pastores in Synodo congregatis Inter opera Bernardi col 1730.
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.
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
was intwisted in it as it followeth in the next words THE OATH Nor will I ever give my consent to alter the Government of this Church by Archbishops Bishops Deanes Archdeacons c. as it stands now established and as by right it ought to stand WHerein are observable many particulars and each of them questionable which wee will propose in that order which may best conduce to make our Doubts capable both of right understanding and due satisfaction it is this 1. The degrees of Government 1. Expressed 2. Concealed under the c. 2. Their state as it now stands 3. Their right as it ought to stand 4. Their perpetuity not to be changed 5. Our Constancy that though they should be changed we should not consent 1. Of the degrees of Governours exprest viz. Archbishops Bishops Deanes and Archdeacons DOUBT 6. Whether the degrees here specified be propounded to bee allowed in the same 6. Particular Doubt or in a different degree of assent and approbation THE REASON BEcause there is no distinction of them in the Oath but in title and order and yet there is so much difference betwixt them in respect of approbation that Deanes and Archdeacons before now were never by attestation or subscription so farre approved as Archbishops but especially as Bishops have been how then can wee be so certaine of them as now to give them as it were per saltum the highest degree of ratification at once viz. a solemne Oath when hitherto wee were never required to give our hands or passe our words on their behalfe and if the assent be intended in a different degree how can wee compose our consciences in one and the same act of swearing to approve further of the one then of the other the words of the Oath sounding the same degree of assurance to them both If then we take them together wee cannot find how wee should avow their approbation in one joynt and indistinct asseveration especially upon Oath But for Deanes and Archdeacons we have particular Doubts First of Deanes The DOUBT is 7. Particular Doubt What Deanes are here meant THE REASON BEcause in the whole Canon law there is no title of the degree of a Deane saith a Azor. Inflit. tom 2. l. 3. c. 17. pag. 360. Azorius and in divers Authours we find the name Deane of a different acception for besides the Military sense wherein it signifieth a Captaine of ten men as b Decanus dicitur qui decem militibus praeest Lindw constit lib. 2. fol. 58. p. 1. col 1 Lindwood hath it the Monasticall sense as it is taken and explained by Saint c Aug. de morib Eccles c. 31. Augustine for him who hath the Government of ten Monks the Academicall sense whereby it signifieth the same in some Colledges which the word Censor doth in some others there is an Ecclesiasticall Deane and ambiguity also in the word with that restriction for as d Duaren de minist l. 1. c. 8. Duarenus and others from him doe distinguish there is one sort which are called urban another Vican to speake in the phrase of the present age the Urban we may call Cathedrall Deans the Vican Deanes Rurall the more e In processe of time Archipresbyters were called Decani Bish Downh li. 1. pag. 188. of the defence of his serm ancient name of such was f Concil Turon 2. Can. 6. an 566. Concil Antinodor Can. 40. an 615. Archipresbyter that is as the word importeth and g Presbyterorum dicitur ut Archidiaconus Archisubdiaconus Diaconorum Subdiaconorum primi principes Onuphr interpret vocum eccles addit vitis Pontif. Rom. pag. 61. Onuphrius expounds it the chiefe or principall Presbyter and such a one is the Cathedrall Deane among the City Presbyters and a Rurall Deane among the Presbyters of the Country Whether Cathedrall or Rurall Deanes or both be intended in this Oath is somewhat doubtfull That Cathedrall Deanes are meant it is probable because they are placed next after Bishops and h So by the name of Archipresbyter is hee called and put before the Archdeacon Concil Carthag 4. can 17. before Archdeacons and though the Archdeacon i Archidiaconus sit proximus post Episcopum ejus Vicarium salvo tamen jure Decani quod ad Cathedralem Ecclesiam spectat Reform leg Ecclesiastic de Ecclesia Minist c. 6. fol. 48. b. bee said to bee next after the Bishop and his Vicar i. Generall it is with reservation of the right of the Deane in respect of the Cathedrall Church And that Rurall Deanes should not bee excluded is probable also because Bishop k The Government and Discipline of our Church by Archbishops Bishops Archdeacons Rurall Deanes c. established Reformat leg Eccles Tit. de Eccles Bish Downh in his answer to the Preface of the Refuters of his consec Serm. pag. 6. Downham brings them in as Church Governours with those that are named in this Oath and for that they are called l Archipresbyteris sive Decanis Ruralibus Ibid. c. 5. fol. 48. a. Archipresbyters which is a title above Archdeacons and in some places have had more jurisdiction as in this Diocesse untill a very few yeares last past then the Archdeacons have had And if both bee here meant then first concerning the former sort DOUBT 8. What is the Authority and Government of Cathedrall Deanes 8. Particular Doubt THE REASON 1. BEcause Deanes Cathedrall and Rurall being both comprehended under the title of Archipresbyters their office is so described by m Lindw prov constit à fol. 39. ad 46. inclusivè Spalat de Repub Eccles li. 4. c. 5. pag. 590. Lindwood and others that it is difficult to discerne what is proper or peculiar to them in severall Secondly where they are more distinctly set downe the n Decani Cathedrales ' Ecclesias juxta illarum constitutiones regant Collegiorum Canonicorum tum aliorum Clericorum Ecclesiae praesint ut Archidiaconi foras sic illi domi hoc est in Ecclesia Cathedrali Episcopo sint adjumento Reform leg Eccles c. de Eccles Minist c. 8. fol. 94. p. 21. Cathedrall Deane is brought in as President of the Canonicall Colledge for the government of the Cathedrall Church according to the Constitutions of their foundation and so is said to be an assistant to the Bishop at home that is in the Cathedrall Citie as the Archdeacon is abroad in the Country but there cometh in much doubt and ambiguity what Government is meant for the Bishops and Deanes are often at difference about their Authority which is more or lesse according as the Charters of their foundation doe vary which to some give a larger some a lesser power and preheminence For the Deanes of Westminster and Windsor as o By the Bish of Chest that now is wee have heard have Episcopall Jurisdiction which other Cathedralls for the most part have not Some have Statutes
by which they governe and some as the Deane and Canons of Christ Church in Oxford are leges loquentes speaking laws and therefore are very fitly called Canons or Rules governing according to the dictate of their owne discretion and conscience and so wee cannot in respect of such apply Bishop p Bishop Halls Corollary added to his Irrefrag propos pag. 7. Halls distinction betwixt Rules of government and Errours of execution to accept the one and reject the other nor can we swear to their Government though with distinction for that is uncertain to us both for rule and practise much lesse with confusion as in the Canon it is contained Thirdly the Jurisdiction of Deanes and Chapters may bee much augmented by Synodicall Constitutions for in the late r The Grant of the Benevolence by the Province of York p. 18 19. Grant of the Benevolence to his Majestie by the Provinciall Synod at Yorke and wee doubt not but it is so also in that of the Province of Canterbury though yet we have not seen it during the vacancie of any Bishopricke they have granted unto them Authority to exercise the Ecclesiasticall censures of suspension excommunication interdicts and sequestration against such as deny or delay to make payment of the Benevolence there concluded Fourthly some Deanes and Chapters have had so much Authority within themselves as to bee out of the reach of Archiepiscopall power and therefore have refused to be visited by the Archbishop It was so betwixt the ſ Master Foxe his Marryrolog tom 1. p. 458. Deane and Chapter of Durham and the Archbishop of Yorke many years agoe which exemption by some reluctant contestation of the Clerke sent from them to the last Convocation seemed neither forgotten nor forsaken by that Deane and Chapter Fifthly in the Booke of Reformation of Ecclesiasticall Lawes made by King Henry the eighth and King Edward the sixth which appeareth to be yet in force and was very lately reprinted for better Information touching the Government of the Church there is this rule set downe for Cathedrall Churches t Reform leg de Eccles Minist cap. 7. fol. 49. p. b. They shall keep their Statutes of their foundation pure and entire so farre as they shall not be found adverse to the Word of God nor to our Constitutions of Religion either already published or hereafter to be published Where to conclude this Doubt wee see so much diversity and in some respects contradiction touching the Government of Cathedrall Deanes and Churches for some have Episcopall Jurisdiction some have not some have Statutes some have none and besides all the doubt of that which already is in use so much uncertainty of what may be hereafter according to this Constitution that wee can find here no solid ground for a sacred Oath Of Deanes Rurall The 9. DOUBT is What is the Authority or Government of a Deane Rurall 9. Particular Doubt THE REASON BEcause under the name and title of Archpresbyters they have had much Authority in Government of the Church in former times whereof the most observable particulars are collected by a very learned u Doct. Field of the Church l. 5. c. 29. p. 507 508 509. Doctour of our Church and they are chiefly these These Archpresbyters or Deanes Rurall were to be chosen by the Clergie and x Episcopus nec Abbatem nec Archipresbyterum sine omnium suorum compresbyterorum Abbatum consilio de loco suo praesumat ejicere Conc. Turon 2. Can. 6. Caranz fol. 239. not to bee deposed by the Bishop without the consent of those that chose them they were to assist the Bishop in Government and that of such necessitie that hee must not bee without them Their office was to admonish both Laitie and Clergie of their dutie and to see that they did it They were to visit the Churches of their Precincts twice a yeare and if any of the y Si quis ex Secularibus institutionem aut comminationem Archipresbyteri sui contumacia faciente audire distulerit tam diu à limitibus Ecclesiae habeatur extraneus quà m diu tam salutarem institutionem adimplere distulerit Concil Antisiod Can. 40. Ibid. fol. 267. Laity were wilfully minded against their admonitions they were so long to bee excommunicated out of the Church untill they were reformed They were to have a Chapter of Parish Ministers who within a yeare after they were possessed of their Livings were to sweare to the Deane and so to bee admitted as brethren to sit in the Chapiter with him and to be bound to come to the yearly Chapiter and otherwise also when upon urgent cause the Deane should call a Chapiter which was ordinarily foure times in the yeare and to beare part of the charge In these Chapiters the Archipresbyters were to publish the Decrees of Provinciall and Episcopall Synods and to urge the execution of the same The limits of their power in Government were to suspend Laymen from the Sacrament and Clergie men from execution of their office hitherto they might proceed but no further But in practice partly by the connivence partly by the corruption of the Bishop they lashed out beyond their line for as a zealous Preacher complained in the Councell of Rhemes The z Archipresbyter circuit obedientiam sibi creditam vendit Homicidia Adulteria Incestus Fornicationes Sacrilegia Perjuria ad summum implet manticam suam famâ volante innotescit Episcopo talis quaestus c. Serm. cujusdam ad Cler. in Concil Rhem. in operib Bernard col 1736 Archipresbyter went about in visiting of his circuit selling all sorts of sinnes Murder Adultery Incest Sacriledge Perjury and thereby filling his purse the fame whereof coming to the eare of the Bishop hee sends for him that hee may have a share with him upon demand he denieth upon deniall they wrangle but at the last he knowing that if the Bishop be against him he must forgo his gaine hee yeeldeth him a part and so saith that Preacher are Herod and Pilate reconciled against Christ In later times especially in most Diocesses of England they have had lesse to doe and done lesse evill Doctor Cousins the Civilian setting downe the Deane Ruralls office maketh it to consist in little else then in calling a Decanos Rurales vocant atque plerumque ad hibentur ad convocandum suam classem ad significandum iis non nihil ab ordinario ut fit per literas ad inducendum in Beneficia vice Archidiaconi remotiùs agentis Doct. Cous de Polit Eccles Angl. c. 7. Classicall Assemblies that is those who are to assemble within his Deanry to signifie the mind of the Ordinary according to the tenour of letters received from him and in absence of the Archdeacon to induct into Benefices But in this Diocesse the Deanes for many yeares past have had a great part of Episcopall Jurisdiction shared among them and this by Patent for lives or yeares from the
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
Archbish Whitg out of Master Foxe noteth that about the year 180. the three Archistamines of the Pagan Britain were changed into three Archbishoprickes the one of London the other of Yorke the third of Glamorgan none of Cant. Archb. Whitg reply to Master Cartwr pag. 323. It is like the most of England was under London the rest and Scotland under Yorke as Bishop Godwin writeth and under Glamorgan Wales Godw. Catal of Bish p. 181 182. London and Glamorgan or n See Godw. his Catal. of Bishops pag. 503 504. Saint Davids and for London it continued so from the yeare 300. or thereabout though Stowe say it was the same Archbishopricke with Canterburie onely locally changed untill Gregory his time who was Pope about the yeare 600. and the King may limit their Jurisdiction as he shall conceive to be most convenient Fourthly over the Archbishops of his dominions for the calling and governing of a o Nationale Concilium Patriarcha regni convocare debet Provinciale Archiepiscopus c. Praelud in Caranz sum concil cap. 3. p. 4. edit 1633. Nationall Councell hee may place a Patriarch and King James shewed himselfe well enough inclined to such a superiority when he said p King James his premonit to free Princes and States pag 366. Patriarchs I know were in the time of the Primitive Church and among them there was a contention for the first place and for my selfe if that were yet the Question and Papall Innovation in Religion put downe for that is his meaning though he doe not plainly expresse it I would with all mine heart give my consent that the Bishop of Rome should have the first seat I being a Westerne King would goe with the Patriarch of the West as the Churches of great Britaine of q By humane Institution wee suffered our selves to be ranged under the Church of Romes Patriarchall Authority as being the most famous Church of the West a matter of courtesie no necessity no spirituall obligation Bish Hall against Brownists sect 23. pag. 590. courtesie not of duty in former times were wont to doe And for each particular Prelate whether Archbishop or Bishop he is to bee regulated for his Courts and other Jurisdiction by Royall Authority and how farre they stand established in the Kings favour purpose or promise we cannot tell nor dare we sweare much lesse dare wee bee so peremptory concerning the power of Deanes or Archdeacons for to Deanes which have not Episcopall Jurisdiction hee may grant as much priviledge as the Deanes of Westminster or Windsor doe enjoy and by the same Authority that some may have more may others have lesse And for Archdeacons the doubt is more since their establishment consists in prescription as before hath been observed and that prescription in some respects may be a prevarication fitter to be abolished then established as appeareth by that of Spalatensis saying r Cum Archidiaconi jam passim supra Presbyteros collocentur id tandem nimiâ corum pertinaciâ Praelatorum conniventiâ eos evicisse meritò possumus affirmare Spalat de Repub. Eccles lib. 7. c. 4. pag. 273. 58. That the Archdeacons placing above the Archpresbyters is to be imputed to their pertinacy and to the Bishops connivence But in this Diocesse for many yeares past Jurisdiction hath not been so much as an unnecessary appendance to Archdeacons since all that while it hath been no appendance at all for untill very lately they had no Jurisdiction at all wee cannot then say much lesse sweare their Government is established since it was but newly erected and made up out of Rurall Deanries which is a fabricke like a Tent or Tabernacle newly set up and may bee quickly taken downe againe 3. Partic. As by right it ought to stand The 16. DOUBT What this Right is 16. Particular Doubt by which the Government is meant to stand THE REASON BEcause there bee some that thinke these words a limitation or restriction of the former as if the meaning were that we ought to approve of the establishment of this Government so farre as of right it ought to stand and no further but concerning that they that framed the Oath could make no doubt of any ones dissent and therefore in that sense would call for none assurance upon Oath It is more consonant to reason to conceive that they meant to have an acknowledgement not onely that the Government de facto is indeed established but that de jure also of right it ought to bee so but then Quo jure will be the Question whether the same or a diverse right If the same whether shall Bishops come downe to Deanes and Archdeacons and claime no better warrant for their dignity then they or shall Deanes and Archdeacons advance the Tenure of their Authority as high as Bishops doe to claime their preheminence and power by divine right that as in the case of the Boemians concerning the use of the Communion cup at the Councel of ſ Basiliense concilium concessit Boe miae utriusque speciei usum modo faterentur id sibi conce di ab Ecclesia non autem ad hoc teneri divino jure Bellarm. l. 1. de Sacram. in genere c. 2. sect 2. Basil but more justly then so may bee denied to them all when under some other title preheminence may be allowed unto them Some conceive the word Right was left at large in favour to Deponents that there might be a latitude for such as are of a scrupulous conscience to conceive such right as they could best approve of and especially that right which agreeth to them all to wit a Positive and Ecclesiasticall right by humane constitution or prescription But those that have better meanes to know the minds of the Composers of the Canons will have the Right diversified according to that to which it is applyed as that Bishops stand by divine Right the rest by Right Ecclesiasticall To this purpose we may bring in the saying of our Saviour Lo Lam with you to the end of the world Mat. 28.20 which is not to be understood in person but by assistance for neither he nor they his Apostles to whom hee spake were to bee in the world untill the worlds end and this assistance is divers infallible as to the Apostles but sufficient only to their successors so the Right may be conceived to be divine in respect of Bishops but humane to all the rest But of this tenet of divine Right though it be held by very t The Archb. that now is in his Speech in the Starre-chamber p. 6. Bishop Hall in his late booke intitled Episcopacy by Divine right great Prelates of our Church and by u Bish Andrewes in his Answer to the 18. Chapter of Perrons Reply p. 15. some said to be the Doctrine of our Church such a Doctrine and so fully delivered by the Apostles That there is not the tenth part of the Plea for the Lords day from their
writings which Bishops have for their Episcopacie which comparison God willing shall bee examined else-where and that x Bish Hall of Episcop part 2. p. 47. there be divers points of faith weighty points which have not so strong evidence in y Bish Hall Ibid. part 1. pag. 63. Scripture so strong evidence that heaven may as soone fall as that faile the Bishops And though some who have beene approved for their very great and faithfull labours in the Church and for extraordinary zeale against all Popish opinions have z Willet Synops Papis contro 5. qu. 3. p. 277. acknowledged somewhat in the calling of Bishops to bee Divine and Apostolicall yet there is much said on the contrary side which if it serve not to induce a deniall of that high and holy claime may occasion at least a doubting thereof And very doubtfull it was in the Councell of Trent by reason of the diversity of opinions there proposed for though the superiority of Bishops over Presbyters were a Hist of the Councell of Trent l. 7. pag. 596. de facto confessed de jure it was doubted whether it were b Ibid. p. 397. by a Divine or by a Pontificall right that is whether by a right derived from the Scripture or from the Pope and we may adde according to the c Ibid. p. 606. Augustan confession or neither for that alloweth no difference betwixt a Bishop and a Presbyter but by custome and constitution Ecclesiasticall and so doubtfull was their d Ibid. p. 597. Tenure that some in that Councell were willing to avoid the discussion of that doubt and the chiefest of the Prelates the e Ibid. p. 638. Cardinall of Loraine when he discoursed of that Question spake still ambiguously and at last concluded That the Question was boundlesse and though they made it more intricate then with us it can bee by their erroneous opinion of the Papall power and prelation over Bishops whereof we conceive no scruple at all since wee reject it as a Paradox in our Church yet there is doubt for all that of the Authority of Bishops by divine right and just ground for that doubt for First Saint f Paulus in Epist Presbyteri Episcopi appellatione promiscuè utitur idque Chrysost August Hier. aliique annotarunt Duaren de minist c. 7. fol. 8. So also Bish Downham in his defence of his consecrat Serm. l. 1. c. 3. p. 64. Bish Hall in his booke of Episcopacie part 2. p. 10 11 20. Paul in his Epistles useth the words Bishop and Presbyter in a promiscuous manner as Chrysostome August Hierome and others have observed and all three have spoken somewhat to bring Presbyters neerer to an equality with Bishops then the Tenet of such superiority by Divine Right as is pleaded for will admit for Chrysostome speaking of Saint Pauls naming of Bishops and Deacons without mention of Presbyters as to all the Saints which are at Philippi with the Bishops and Deacons Phil. 1.1 giveth this reason of their omission Because saith g Quia scil inter Episcopum Presbyterum interest fermè nihil solâ quippe Ordinatione superiores illi sunt Chrys in 1 Tim. 3. Hom. 11. tom 4. col 1485. he there is in a manner no difference betwixt a Bishop and a Presbyter onely in Ordination Bishops have the * Not by Scripture as is plain by 1 Tim. 4.14 but by humane constitution or custome preheminence the same saith h Quid facit exceptâ Ordinatione Episcopus quod Presbyter non faciat Hier. ad Evagr. tom 2. pag. 334. Hierome in his Epistle to Evagrius and commenting upon S. Pauls Epistle to Titus i Episcopi noverint se magis consuetudine quà m dispositionis dominicae veritate Presbyteris esse majores in commune debere Ecclesiam regere Idem in Tit. 1.5 tom 9. fol. 153. pag. 2. Hee would have Bishops to know that they are greater then Presbyters rather by custome then by truth of any constitution or disposition of the Lord and that they ought in common to govern the Church Saint k Secundùm honorum vocabula quae jam Ecclesiae usus obtinuit Episcopatus Presbyterio major est Aug. epist 19. Augustine to the same purpose saith That the phrase of the Church makes Episcopacy greater then Presbytery which Bishop Jewell rendreth thus l Bish Jewell in the defence of his Apol. part 2. c. 3. pag. 101. The office of a Bishop is above the office of a Priest not by authority of Scriptures but after the names of honour which the custome of the Church hath now obtained The Parenthesis is his brought in to make up the sentence of Saint Augustine and as now the distinction of Bishops and Priests is received it cannot as m Willets Synops papis gener controv 93. q. 3. p. 273. some who yet approve of Episcopall preheminence have written bee directly proved out of Scriptures and whereas n Archb. Whitgifts answer to T. C. p. 384 385 Archbishop Whitgift saith the reason why Bishops and Presbyters are taken for the same is because every Bishop is a Presbyter but not on the contrary every Presbyter a Bishop that reason for the Affirmative part is contradicted by o See Niceph. hist l. 12. c. 12. Gers Bucer dissertat de gubernat Eccles p. 27. Franc. Long. annot in concil p. 142. divers Instances and for the Negative it will not passe without exception at least for the Apostles time of which Saint p Idem erat Presbyter qui Episcopus antequam Diaboli instinctu studia in religione fierent Hier. ep ad Tit. cap. 1. Hierome saith that a Presbyter is the same with a Bishop and so was taken untill by the Divels instinct some turned Religion into faction And though q Epiphan haeres 75. l. 3. tom 1. contra haeres p. 215. col 1. Aerius when his ambitious desire to bee a Bishop was disappointed in emulation and anger fell to contemptuous comparisons of Bishops with Presbyters and therefore was noted by Epiphanius in his Catalogue of Heretickes and since him r Mich. Medin de contin sacr homin l. 1. c. 5. Michael Medina made it materiall heresie to deny the distinction of Divine Right betwixt Bishops and Presbyters and the ſ Si quis dixerit in Ecclesia Catholica non esse Hierarchiam divinâ ordinatione institutam quae constat ex Episcopis Ministris anathema sit Concil Trid. ses 7. Can. 6. fol. 561. b. Councell of Trent formally decreed it with an Anathema to those that deny it Yet was not Hierome though a vehement Advocate in the behalfe of the Presbyteriall dignity much lesse Chrysostome and Augustine for such sayings as these ever taxed for heresie Nor is t Altare Damasc p. 276 277 278 279. See also primam Pet. Moulinaei epist Episc Winton p. 161 162. Aerius left without a probable Apologie which may serve with some not onely to
expunge his name out of the Catalogue of u One onely branded Hereticke i. Aerius in so many hundred yeares opposed Episcopall government Bishop Hall of Episcopacy part 1. p. 66. Heretickes but to enroll it in the Register of Orthodox Doctors And for the Tridentine Decree it is the lesse to be regarded because wee may say as Bishop Jewel doth of x As for the words of Leo his own authority in his own cause cannot be great Bish Jewel defence Apol. part 2. c. 3. pag. 101. Leo The words of the Bishops of that Councell are of no great weight because they make a Decree in their owne cause But Chrysostome and Augustine were Bishops though Hierome was none and yet they spake of Bishops and Presbyters so equally as hath beene said and if untruly indiscreetly also because both against the truth and themselves We may say the same of Bishop Jewel whose judgement is plaine against the opinion of Divine Right by his exposition of Saint Augustine fore-alledged Besides y Panormitanus in quaestionibus suis ex mala interpretatione Hier. negat hanc Divino Jure inter Episcopos Presbyteros distinctionem Franc. à Sancta Clara Apol. Episc pag. 64. Panormitan and z Fulv. Pacian de probationib l. 2. c. 28. fol 96. Pacianus very famous men in their faculties the one for a Canonist the other for a Civilian and divers more to say nothing of the a Chamier tom 2. l. 10. c. 6. pag. 350. learned men of the Reformed Churches in forraine parts will not admit of any preheminence of a Bishop above a Presbyter by Divine Right All which wee alledge not to contest with the reverend Prelates in point of Authority but to shew that if an acknowledgement of Episcopall preheminence as of Divine Right bee required in this Canon and by that wee have shewed wee have cause to suppose it it is too problematicall an opinion for such confidence as should accompany an Oath Of Archbishops Of Archbishops though their Authority be greater yet as touching the Tenure by Divine Right our beliefe is lesser for they that hold Bishops to bee superiours to Presbyters by Divine Right as the Apostles were superiours to the 72. Disciples doe not for the most part unlesse they be Papists allow of Archbishops in that sacred Episcopacy and even he who was an Archbishop himselfe and highly advanced in print the Episcopall degree hath out of Ignatius observed and thereby affronted the Papall usurpation that the twelve were all b Abundè probavi Christum suam Ecclesiam Apostolis omnibus aequè commendâsse eosque ad hoc necessariâ potestare aequè omnes adornâsse confentit Ignat. episi ad Philadelph dum ad Apostolos veluti ad Presbyterium Ecclesiae Collegium recurri postulat Collegium verò Aristocraticum nemo ignorat Spalat de Repub Eccles lib. 1. c. 12. pag. 137. The Archbish that now is saith the like of the Aristocraticall Government and equality of the Apostles and quoteth Bellarm. de Ro. Po. l. 1. c. 9. to the same purpose making account his words are a confession of the truth against his owne side So in relat of his conference pag. 168 200 202 380. See Bishop Hall of Episcopacy part 2. pag. 13. equall as an Aristocraticall Colledge no Prince or Monarch ruling over the rest as the Romanists pretend and assume in the name of St. Peter wherein Saint c Jam illud considera quà m Petrus agit omnia ex communi Discipulorum sententia nihil authoritate suâ nihil cum Imperio Chrysost bom 3. in Act. Apost cap. 1. tom 3. col 459. Chrysostome is directly opposite unto them observing how Saint Peter in an assembly of the Disciples doth all by their common consent nothing by his owne authority nothing in a lofty or a Lordly manner For that Authority which they take up as Saint Peters right his Master and ours thought too much for him or any one man else fore-seeing as the Archbish of Spalato noted d Spalat de Repub. Eccles l. 1. c. 12. p. 138. That a Monarchy in a Church-man would bee apt to breake out into a tyrannie over the Church And for the tenure of Archiepiscopall authority wee may beleeve Bishop e Bish Jewels defence of his Apolog part 2. c. 3. divis 5. pag. 110. Jewel where hee saith in answer to Master Harding that though Primates or Archbishops had authority over the inferiour Bishops yet they had it but by agreement and custome neither by Christ nor by Peter nor Paul nor by any right of Gods Word Object If it be objected as by some it hath been that though the Apostles had no Archbishops among themselves who had a priority of Order and a majority of Rule above the rest of that fundamentall Function yet in respect of other Bishops constituted by them they were all Archbishops to those that were under them It may be answered Answ 1. That the right of Episcopacy hath not been so well cleared by Scripture that it should bee taken for an undoubted ground whereon to erect an Archiepiscopall power for there is so much difficulty and dispute about that as makes it to us uncapable of the assurance of an Oath Secondly our Protestant Divines when the Papists plead for Peters Episcopall or Archiepiscopall supremacy at Rome to maintaine the usurpations of the Pope upon all other Churches answered that as we conceive according to the truth that to bee a Bishop or Archbishop and an Apostle imports a repugnancy for both Bishops and Archbishops were confined to a certaine compasse for their Authority but the Apostles were of an unlimited liberty and power both for planting and governing Churches all over the world wherein they had every one of them such an equall and universall interest that f Non erat ea facta divisio scil inter Apostolos ut alter ab alterius abstineret Apostolatu Baron Annal. tom 1. an 51. 27. col 424. no Apostle had any part of the world to himselfe wherein the rest had not an Apostolicall and Pastorall right as well as he which is not nor can be so in Episcopall or Archiepiscopall callings Object If the opinion of g Estius comment in 1 Tim. 5.19 col 809. Estius be interposed viz. That Archiepiscopacy was founded when Timothy was made Bishop of Ephesus the Metropolis of Asia wherein he had h Bish Hall reckons 36. Bishopricks under Ephes part 2. p. 24.43 See Will. Synops papis controv 5. in append ad quaest 3. p. 273. many Bishops under his Jurisdiction that to say nothing of what is said of the unbishoping of Timothy and Titus in a particular booke of that title being brought in without proofe will bee as readily k Didoclau Altare Damascen pag. 175. denied by some as it is easily affirmed by any and if we should say that untill Pope Zepherinus in the third Century named himselfe an l Cent. 3. c. 10.
col 275. Archbishop or untill the reigne of Constantine as a very learned m Archiepiscopi Patriarchae in usum abierunt quorum ante Constantini tempora altum silentium Dan. Chamier de oecumen pontif lib. 10. cap. 6. tom 2. pag. 353.20 Writer hath observed there is no mention of an Archbishop it will not bee easie perhaps for any by legitimate Testimony to bring in an instance to disprove the observation in the Easterne Church and for the Westerne it came later thither as the Sun-setting cometh after the Sun-rising And Filasacus a Divine of Paris saith n Filasac de sacr ep Anth. ch 19. sect 1. Concil Matisc 1. Can. 4. It is not used in these parts untill the first Matiscon Councell scil anno 587. Which may bee to us the more probable because we have had experience in our owne time of a o Doct. Saravia saith the Assemblies of the Presbyterians are no Synods but Conventicles because he readeth not of any Synod without an Archbishop Sarav de Triplic ep q. 3. p. 90. principall point of now-Archiepiscopall Government the Presidentship of a Provinciall Synod without an Archbishop So was it in the yeare 1603. when the Bishop of London was President of the Synod then assembled Archbish p Archb. Whitgifl in his reply to Master Cartwr p. 310 313 427 432. Whitgift against Master Cartwright endeavoureth to maintaine That the office of an Archbishop was in use in the Apostles time and by their q Can. 33. or 34. as some accompt p. 470. Archb. Whitgi appointment in an Apostolicall Canon and that r Ibid. pag. 400. Titus was an Archbishop over Crete and ſ Pag. 470. Dionysius Areopagita the Scholar of S. Paul Archbishop of Athens But his proofes as some of us upon examination have found them are too low and too flat for the height and compasse of the Arch of his Asseveration especially as applyed to the state and authority of Archbishops in the Church of England the prelation particularly opposed by Master Cartwright who conceiving both the authority and title of an Archbishop by Scripture to belong peculiarly to Christ and not finding the name t The title Archbishop is proper to Christ as appeareth by Saint Peter where he calleth him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is an Archshepheard or Archbishop for Bishop and Shepheard are all one Ibid. p. 300. Archbishop there taketh up the title Archshepheard 1 Pet. 5.4 as equivalent to it The greatest Antiquity and best Authority that wee find for that title is that which u Archb. Whitgifts reply to Mast Cartwr pag. 323. ex Mr. Fox Martyrol tom 1. p. 146. Archbishop Whitgift citeth out of Master Fox viz. That in the time of Eleutherius an 180. there were in Britaine 28. head Priests which in the time of Paganisme they called Flamines and three Archpriests among them which were called Archiflamines as Judges over the rest these 28. Flamines upon the conversion of the Britains were turned to 28. Bishops and the three Archiflamines to three Archbishops which if it be true yet it is far below that which is alledged for the calling of Archbishops and yet more ancient then honourable for the conformity to Pagan preheminence Nor will it serve to say as Pope x Eugen. 4. Epist ad Episcop Cantuarien ait Cardinalium nomen non fuisse in principio nascentis Eccles expressum munus tamen officium à B. Petro ejus successoribus evidenter crat institutum Fran. Long. annot in 2. Concil Rom. pag. 201. Eugenius the fourth said of the name Cardinall that though it were not expresly mentioned in the beginning of the Christian Church yet the office was instituted by Saint Peter and his successours For not to insist upon the name Cardinall of which the saying of the Pope is an unprobable fiction superiority among Bishops is to be reduced rather to a secular then to a sacred Originall For our Archbishop of Canterbury that now is saith y Archb. Laud in his relat of his confer pag. 176. It was insinuated if not ordered that honours of the Church should follow honours of the State as appeareth by the Canons of the Councell of z Concil Chalced Can. 9. Act. 16. Chalcedon and Antioch It was thought fit therefore though as Saint a Cypr. de simplic Praelat Episcopatus unus est Cyprian speaks there bee one Episcopacy the calling of a Bishop bee one and the same that yet among Bishops there should be a certaine subor dination and subjection the Empire therefore being cast into severall divisions which they then called Diocesses every Diocesse contained severall Provinces every Province severall Bishops the chiefe of a Diocesse in that large sense was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and sometimes a Patriarch the chiefe of the Province a Metropolitan next the Bishops in their severall Diocesses as we now use the word Among these there was effectuall subjection grounded upon Canon and positive Law in their severall Quarters all the difference there was but Honorary not Authoritative So farre he where though he name the title Bishop Patriarch and Metropolitan hee doth not mention the title Archbishop And though hee grant that b Archb. Laud ubi supra pag. 168. the Church of Rome hath had and hath yet a more powerfull principality then any other Church yet he saith shee hath not that power from Christ The Romane Patriarch by Ecclesiasticall constitutions saith hee might perhaps have a primacy of order but for principality of power they were all equall as the Apostles were before them and hee might have said so much as well of Bishops as of Patriarchs for except for Ecclesiasticall Constitutions and positive Lawes they are not subordinate one to another neither the authority nor title then of Metropolitan or Archbishop is taken to bee so ancient or warrantable by the Word of God as that of the Bishops in the judgement of such as are the dearest friends to Prelaticall dignity Yet as wee deny not but that an inequality betwixt Bishops and Presbyters is as c Inaequalitatem inter Episcopum Presbyterum esse vetustissimam vicinam Apostolorum temporibus ultrò fatemur Fr. Chamier de oecumen pontif l. 10. c. 6. tom 2. p. 85.3 col 2. Chamier confesseth most ancient and very neere the Apostles times so wee yeeld it as probable that Archbishops are very ancient also and as certaine that there have been and are very many as worthy to be Archbishops as others to be Bishops and that there have been of that elevation men of as eminent desert for learning and devotion both in ancient and later times as any that have lived in the same Ages with them but in regard of more doubt of their Authenticke tenure then of that of Bishops though that also bee very much doubted of wee have the lesse heart to sweare to Archiepiscopall preheminence Object If it bee said that
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
of the Tumults in Scotl. p. 176. That the same confession of faith consisting of the same words and syllables sworne without Authority if it shall be commanded by Authority becommeth a new and different confession of the faith There is a third opinion concerning the sense of an Oath to augment the doubt though so much lesse doubtfull as it bringeth with it the better Authority and the Authority for it is no lesse then Royall the sentence of a great and gracious King and which is more to us our King who resolveth o Ibid. p. 177. That an Oath must be either taken or refused according to the knowne intention of him that doth minister it p Ibid. p. 347. especially if it be a new Oath To the same sense though in different words say the q The Minist and Professors of Aberdene in their generall Demands p. 14 Aberdene Divines An Oath is to be given according to the mind and judgement of him that requireth it which words ministreth and requireth make up the meaning to bee That hee that ministreth an Oath who may bee some subordinate Officer must give it in that sense which he that requireth that is hee from whose Authority and Power it proceedeth doth intend That construction wee are taught to make by the explanation of the Oath in Scotland published by the right Honourable the L Marquesse Hamiltoun his Majesties high Commissioner there in these words r The explanation of the Oath in Scotl. in his Majesties large Declar. pag. 328. Oaths must be taken according to the mind intention and commandement of that Authority which exacteth the Oath For as wee conceive it rests not in the power of an inferiour whether hee bee the taker or minister of the Oath to put his private conceipt for the sense which is the soule of a publicke constitution and if hee doe so wee cannot but doubt of it though it seeme never so plausible unlesse it bee allowed by the Authority which chargeth the Oath upon the conscience For First as ſ Bish Hall in his booke of Christian moderation lib. 2. sect 10. p. 109. Bishop Hall well saith The Church which makes the Canon and by the Canon decrees the Oath as it is a collective body so it hath a tongue of her owne speaking by the common voice of her Synods Confessions Articles Constitutions Catechismes Liturgies a tongue not onely to speake the text of her determination but to make a Comment if need be to cleare it and if any single person shall take upon him to bee the mouth of the Church his insolency is justly censureable So he Secondly Oaths are imposed for matter of caution and security to those that impose them that they may relye upon them without doubt or distrust and how can that be when we take them in another sense then they that require them doe meane or will admit of The old rule which is a maxime saith t Is committit in legem qui legis verba complectens contra legis nititur voluntatem Regul Juris 88. He offends against the law who cleaving to the words of the law leaveth the will of the law that is of the Law-maker For the law it selfe is a dead letter and hath no will at all There are some of our Brethren who in good will to themselves and us have undertaken to expound the Oath so as that they and we without scruple may take it and we take kindly their good intention and in good will to them againe request them to consider That a private interpretation of a publicke act can give no satisfaction unlesse it be either expresly or vertually allowed by the highest Authority that doth impose it and then it is made publicke but why they should expect such an approbation of their private opinions we cannot imagine and if that would serve the turne we could find in our hearts and it may bee in our heads too to make as mollifying a glosse on the Oath as they have done and such a one as might be more satisfactory to our consciences then theirs can be But the Authority of interpretation of any doubt in such a publicke act belongeth properly not to private but to publicke persons especially if they bee Authorized by the Synod for such a purpose as in the late Synod wee see u Quòd si in posterum aliqua dubia ambiguitates c. oriantur in co casu omnium hujusmodi dubiorum ambiguitatum difficultatum c. interpretationes declarationes fient per reverendissimum in Christo patrem Archiepiscopum Eboracensem Dominos Episcopos Dunelmensem Caestriensem Carliolensem aut duos eorundem quorum idem reverendissimus pater sit unus So in the Grant of the benevolence or contribution by the Clergie pag. 25. where the Doubts concerning the benevolence of the Clergy granted to his Majesty are ordered to bee determined by the Archbishop of Yorke the Bishop of Durham the Bishop of Chester and the Bishop of Carlile or by two of them at the least whereof the Archbishop is to bee one and in other Doubts whereof there is no certaine rule of Resolution set it is probable the decision should bee given by the sentence of the same or such like Judges For private men though learned if they take upon them the Interpretation of publicke Dictats may be more like to light on mutuall contradictions of each other then on the true and proper construction of the Text they interpret So did x Hist of the Councell of Trent lib. 2. pag. 216. Vega and Soto y Ibid. p. 229. Soto and Catherinus who wrote against each other contrary Comments upon the Councell of Trent In which respect it was a wise advice given to the Pope by the z Ibid. l. 8. p. 817. Bishop of Bestice viz. To appoint a Congregation for the expounding of the Councell and well followed by him when he forbade all sorts of persons Clerkes or Laicks being private men to make any Commentaries Glosses Annotations or any Interpretation whatsoever upon the Decrees of that Councell Doctor Burges indeed made an Interpretation of his owne subscription but there had been no validity in it as we conceive unlesse it had been allowed by the superiour powers and so it was for as hee saith a Doct. Burges in his Answ to a much applauded Pamphlet Prefat p. 26. It was accepted by King James and the Archbishop of Canterbury affirmed it to bee the true sense and meaning of the Church of England And if wee should take the Oath and a Notary publicke record it unlesse our exposition of it were publickly and lawfully for favourably is not sufficient both allowed and recorded also wee may haply bee charged with the crime of perjury and unable fairly and effectually to free our selves from that charge unlesse by Authority wee were permitted to conclude our Oath with the ancient clause of limitation viz. b Haec omnibus partibus
servabo quibus cum sacra Scriptura cum Legibus Civilibus Ecclesiasticis hujus regni consentiunt quantum vires meae patientur Reform leg Eccles de Jure cap. 11. fol. 105. a. so farre as agreeth with the sacred Scripture with the Civill and Ecclesiasticall Lawes of this Kingdome and as farre as our abilities will afford The third Part. Of the Persons that must take the Oath 3. Part. THey are Archbishops and Bishops and all other Priests and Deacons in places exempt or not exempt So in the Prefatory Speech before the Oath and in the direction that followeth it it is imposed on all that are Beneficed or dignified in the Church all Masters of Arts the sons of Noblemen onely excepted all Batchlours and Doctors in Divinity Law or Physicke on all that are licensed to practise physicke on all Registers Actuaries and Proctors all Schoolemasters all such as being Natives or naturalized come to be incorporated into the Universities here having taken degree in any forraine University on all that take holy Orders at the time of their Ordination and all that receive collation institution or licence to preach or serve any cure that is briefly on all who by Ecclesiasticall or Academicall subordination to the Synod or to the chiefe persons assembled are most subject to imposition and penalty which answereth the Doubt of some demanding why Judges are not to bee sworne as well as the Bishops and why not Students of the Innes of Court as well as Students of the University The reason may be because they are not in such a degree of subordination to Bishops or others who are members of the Convocation or Synod as those who are particularly rehearsed in the Canon The 24. DOUBT Why the sonnes of Noblemen are excepted 24. Particular Doubt and priviledged from taking this Oath when they take the degree of Masters of Arts. THE REASON BEfore we render it we professe that we take this Doubt to be of a different kind from those which hitherto wee have proposed since it is without the compasse both of the words and explication of the Oath from whence all our scruples of conscience hitherto have been derived Yet because we have heard this Quaere put forth by many and not well answered by any we crave leave to propose it and to deliver some probable conjectures upon it leaving the certain Resolution to those who are better acquainted with the true causes thereof Object That exception of the sonnes of Noblemen hath been excepted against by some for this reason Reas Because their example in swearing to the Doctrine and Discipline of the Church would bee of great moment to the maintenance of both and therefore they thinke it more meet that they should begin this sacred attestation whom others would bee most ready and forward to follow then that they should have a particular exception to free them from it Object If it be said When others take Oath they take none but make their protestations and promises in verbo honoris Answ That is true but neither is so much required of them in this case or if it were two particulars would be returned by way of reply The one That Archbishops and Bishops are to take the Oath who a The Kings large Declarat of the Tumults in Scotl. p. 217. take place of their right Honourable Fathers both Earles and Lords and so it can be no dishonour to their sonnes to doe as such reverend and so much honoured Prelates have done especially since Bishops have beene b Episcopi Regis verbum scu affirmatio sine juramento fit irrefragabile Concil Bergam-stedense cap. 17. anno Christi 700. apud Dom. Spelman de consil tom 1. p. 196. matched with Kings in the prerogative of irrefragable regard and beliefe of their words without an Oath The other That as the sonnes of Noblemen were to be beleeved when they testified any thing in verbo c See pag. 132. seq lit k. in mar honoris so were the Clergy to be beleeved when they did the like in verbo Sacerdotis And by Justinians Code if we may take it upon the word of a Popish Priest for we have not met with it in the originall d Wats Quodlibets pag. 12. The word of a Priest was rated to the Testimonies of twelve of the Laity But the priviledge of the Nobility yet remaineth and that of the Clergy now is lost which may give us just occasion to examine whether they have not beene more true to their honour then most of us to the sincerity of our sacred Profession and if they have they may bee priviledged from the taking of this Oath though we be not It is probable also that they were exempted upon especiall respects both of ingenuity and prudence of ingenuity by those Clergy men who were bound to all honourable observance of such noble Families as had been meanes to preferre them and of prudence in preventing a repulse to their purpose for it was not like that the Nobility would suffer their sonnes to bee entangled with such an Oath as is prejudiciall to the conscience and as many Lawyers alledge to the obedience due to his most excellent Majesty and his Royall Successours That which we reade in the Conference at Hampton Court gives us just occasion so to conceive which is That when there was speech of the e Confer at Hampt Court pag. 89. Oath ex officio one of the Lords compared it to the course of the Spanish Inquisition and if the Nobility had distasted it and renounced it it would have given the greater encour agement to others to stand out against it Howsoever Gods providence hath most wisely ordered their exemption from swearing for since the Nobility are not required to take this Oath their desire and endeavour to have the aggrievance of it removed from others as their petition to his Majesty before the Parliament sheweth doth evidence their noble religious and charitable minds towards all such as by their mediation may bee secured from suffering in their consciences by taking or in their liberties and estates for refusall thereof For which pious compassion many thousands especially we of the Tribe of Levi are deeply obliged to praise God for their Honours and to pray to him for his vigilant providence and potent protection both over them and their honourable Progeny The fourth or last part is Of the penalty of the Oath The words of the Canon IF any man Beneficed or dignified in the Church of England or any other Ecclesiasticall person shall refuse to take the Oath the Bishop shall give him a moneths time to informe himselfe and at the moneths end if he refuse to take it he shall be suspended ab officio and have a second moneth granted and if then hee refuse to take it hee shall be suspended ab officio beneficio and have a third moneth granted him for his better information but if at the end
of that moneth he refuse to take the Oath above named hee shall by the Bishop bee deprived of all his Ecclesiasticall promotions whatsoever and execution of his Function which hee holds in the Church of England Of this our 25. DOUBT is Concerning the difference betwixt the command and commination of the Canon 25. Particular Doubt THE REASON BEcause where a law is rightly grounded and a penalty for breach of it imposed there the offenders are legally censured with an equall and impartiall justice but here it seemeth to us to be much otherwise for of all those persons of severall callings professions or degrees before rehearsed and required to take the Oath onely Clergy men are upon their refusall of it to be punished and that though gradually yet with as much severity as any Ecclesiasticall Authority can inflict for they within three moneths are to be put out both of their ministry and means while all others though they refuse the Oath as well as they are by the Canon not to bee the worse for their refusall It may bee the Bishops may prohibit some to practise Physicke others to teach Schoole that will not sweare and they that will not take the Oath perhaps shall take no orders at their hands and for Registers Actuaries and Proctors of their Courts if they refuse it it may be they will refuse them and put them out of their offices but the Canon concludeth nothing against any one but Ecclesiasticks especially Beneficed Preachers which whether it may more incline such to love or feare those who lay these heavie penalties upon them there is none so simple but may soone perceive nor is any so wise as in this to see either the compassion of the reverend Prelates as their fathers or the charity of inferiour Clerks as their brethren for by this Canon they are necessarily cast upon one part of this dangerous Dilemma If they take the Oath besides the scruples of conscience before observed their taking of it as we have touched before must bee recorded by a Notary publicke and then if they doe any thing which they that are their Judges will call a breach of the Oath they have taken they may bee called in question for the crime of perjury About the yeare 1164. f Conciliab apud Northampton in Anglia celebrat quo Thomas Archiepiscopus Cantâ—ariensis de perjario per Regem accusatus condemnatus cò quòd Anglicanas consuetudines quas juraverat non observâsset Francisi Long. de Concil pag. 806. col 1. Thomas Archbishop of Canterbury was at a Councell held at Northampton accused and condemned of perjury because hee had sworne to the English customes and had not observed them And it is an easie matter out of an Oath of such copious contents as this of the sixth Canon to frame an accusation against him that hath taken it especially if what lieth in ambush under the c. bee brought into the charge hereof our feare may bee the more because some of us have observed how forward some of our superiours have beene to lay an imputation of perjury upon the inferiour Clergy because having taken the Oath of Canonicall obedience they have not been so ready as they would have them to performe what they imposed by uncanonicall Commands On the contrary if they take not the Oath and thereupon the penalty of the Canon bee laid upon them they must take leave of their Pastorall charges and no more be allowed to feed their Flockes nor to be clothed with their fleece which is like in respect of many Parishes to be a great calamity both to the Pastors and People Thus much for our Doubts which if any thinke too much it may be he thinkes too little of the peace of conscience the price of our Ministry in danger to bee lost and the pressure and misery which by many may bee felt by occasion of that Oath which though wee dare not take yet wee dare sweare and can doe it heartily willingly and truly that as yet wee conceive of the Oath wee cannot with sound faith and safe conscience yeeld unto it And if most of these Doubts before proposed should bee found to bee frivolous which wee doe not conceive of any one of them and but one of them containe a just ground of ambiguitie which some that have taken the Oath and some that have written for the Oath have since confessed and not onely by speech but by their hand-writing have acknowledged that one is enough while wee are in suspense concerning the meaning of the Oath to suspend our assent from the taking thereof For the comparison brought in by the prudent Composer of the History of the Councell of Trent wee take to bee true and of much importance to this purpose which is g Hist Concil of Trent 2. pag. 187. As one particular maketh false the contradictory universall so one ambiguous particular makes the universall to bee ambiguous If any man but of a private condition like unto our selves have a mind to make answer to our Doubts or Reasons wee wish him to consider at what hee aimeth in that undertaking If to engratiate himselfe into the favour of those who approve of the Oath wee desire not to cast in any prejudice to his expectation If to satisfie us wee feare his endeavours are like to bee fruitlesse since hee cannot advance his discourse above probability and for that wee may returne upon him with like topicall Arguments and so the consistence of the cause at the best will be but a probleme which will administer but weake encouragement for a sincere willing and hearty taking of an Oath Our HOPES and the REASONS thereof First our HOPES OUr Doubts and Reasons hitherto handled wee hope will assure your Lordship that our not taking of the Oath ought not to be ascribed to contumacy but to conscience and then we hope againe the case standing as it doth that you will neither presse upon us to take it nor oppresse us with the penalty if we take it not Our REASONS FOr this we conceive we have both solid Reasons and sacred Examples and those such as wee presume your wisedome and goodnesse will not disesteeme Our Reasons are grounded on 1. Piety 2. Charity 3. Equity 4. Policy 1. On Piety For the first As your Lordship and the rest of the reverend Prelates are men of God you stand especially engaged as much as in you lyeth to secure your inferiours from the perill of sinne whether Preachers or People and first for Preachers to take care that they doe not take any dangerous Oaths For which cause Saint Basil was very zealous in behalfe of Bishops as h Baron Annal. tom 6. an 449. nu 12. col 83. Baronius sheweth that they might not be put to sweare in respect of the perill of an Oath and hee prevailed so farre as to free them from that perill And the Councell of Challons was as respective of Presbyters decreeing thus
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