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

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to permit unto them and what that is who can tell but your selfe how then may it be safe to sweare to the Government of the Church by Archdeacons when wee cannot know what their Government is since the rules of that Office are very uncertaine and the prescription by practice more uncertaine to us especially who have had no such Jurisdiction in use among us and it may be if wee had wee should find more cause to except against it then to sweare for it which wee desire may not bee interpreted to the prejudice of any worthy person of that denomination and wee doubt not but there are many such and some well knowne to many of us for men of very eminent endowments both intellectuall and morall whom we acknowledge for such and so desire to enjoy them as our deare brethren and friends Of the c. Our Doubts hitherto have beene of the Governours expressed our next Inquiries are to bee made of the c. and of such Governours as are concealed under it and thereof our Doubts are divers and so counting on our 11. Particular DOUBT is Whether we may safely take a new Oath with an c. 11. Particular Doubt THE REASON BEcause in a new Oath we cannot be certaine without some expresse direction which in this case we find not how farre the sense of the c. reacheth and so we cannot sweare unto it in judgement as the Prophet Jeremy directeth Jerem. 4.2 but at the most in opinion There is no man would willingly seale a Bond with a blanke for the summe so that the Obligee might make the debt as large as hee listed and we conceive we should be more cautelous in ingaging our soules by an Oath then our estates by a Bond since in this the tye is more vigorous the breach more dangerous then it is in that and wee verily thinke that if wee should returne our deposition with some termes of the Oath as I A. B. doe sweare that I doe approve the Doctrine and Discipline of the Church of England and presently breake off with an c. though what followeth be well enough knowne it would not be allowed for a lawfull Oath which yet seemeth to us more warrantable then that which by this Canon is tendred unto us DOUBT 12. How farre the c. is to bee extended 12. Particular Doubt when it is expresly declared THE REASON BEcause of the variety of opinions which have beene conceived of the Contents of it * M. S. T. some who suppose they understand the Oath so well as to be able to expound it to others have said that the Governours of the Church are expressed before the c. and that under the c. are implicitely comprised the Rules or Constitutions of Government especially the Booke of Canons of the yeare 1603. but most conceive this to be an impertinent interpretation because the c. importeth somewhat of the same sort that went before and thus to expound it is to make a groundlesse transition à personis ad res but if we agree as most doe that persons are meant under the c. and those persons Governours which is most probable our Doubt is what Governours they be DOUBT 13. What Governours are included in the c. whether the King 13. Particular Doubt as Supreme be altogether omitted or implicitely contained in it THE REASON BEcause wee doe not know why hee should bee wholly omitted since hee is supreme Governour over all persons or causes both Ecclesiasticall and Temporall and so to bee acknowledged by all Preachers in their prayers before their Sermons by the 55. Canon nor can wee conceive any just cause why he should be but covertly implyed in an c. when inferiour degrees are formally expressed Object If it bee said that there is a peculiar Oath for his Supremacy to bee taken at the Ordination of Ministers and at other times by other persons upon severall occasions Answ We conceive that should bee no let to the asserting of his Soveraigne Right in this Oath because that Oath of Supremacy is expresly made as the title of it sheweth to shut out the usurpation of q The Bishop shall cause the Oath of the Kings Supremacy and against the power and authority of all forraine Potentates to bee administred to every one of them that are to be ordained So in the Ordinat of Deacons forrain powers and Potentates and so giveth no such security against those popular diminutions of his Ecclesiasticall Authority the jealousie whereof occasioned the reverend Prelates of the Church in the late Synod to propose this Oath as a Bond of assurance of their Episcopall preheminence They have shewed themselves zealous we confess in pressing his Royall Right both ecclesiasticall and civill against all r Can. 1. p. 13. popular as well as Papall impeachments and have annexed a penalty against such as shall by word or writing publickly maintaine or abett any position or conclusion in opposition to their explication of the Kings Authority But yet there is no Oath required to oblige any subject to a perpetuall approbation of his Regall power as supreme Governour of the Church as there is for Archbishops and Bishops nor is the penalty for publicke opposition thereof so dangerous as for a private forbearance of the Oath though with a timerous and tender conscience For for not taking of the Oath a Minister may for ever bee deprived of all hee hath within three moneths but for publicke opposition against the Kings power hee shall not suffer so much unlesse hee continue contumacious two yeares together as they that reade and marke the Canon shall observe It may be his Majesties Supremacie was left out by accidentall oblivion or if by resolved intention it was perhaps upon supposall that the caution of the first Canon made it superfluous and it may be there may be some secret mysterie in this omission which if wee may not presume to know some haply will imagine it is to give some better colour to the Bishops proceedings in sending out the Processes of their Ecclesiasticall Courts in their own names which hath been often reproved by their opposites as very prejudiciall to the Royall Prerogative though of late yeares for that particular there hath been an award procured and published on the Bishops behalfe according to the request of the ſ I do humbly in the Churches name desire of your Majesty that it may be resolved by all the reverend Judges of England and then published by your Majestie that our keeping Courts and issuing Processe in our owne Names and the like exceptions formerly taken and now renewed are not against the Lawes of the Realme as 't is most certaine they are not that so the Church Governours may goe on cheerfully in their duty and the peoples minds be quieted by this assurance that neither the law nor their liberty as subjects is thereby infringed L. Archb. his Epist Dedicat. to
by the sentence and judgement of the Councell and bee at the Emperours pleasure To conclude for this Book if there were any need to commend it to common acceptance by especiall approbation I could had I the Authours consent to this purpose produce many Letters of such as have read it and are best able to judge of it but that would bee in this case a superfluous service and it will be enough to take notice of one of them which is as followeth Reverend Sir YOur Treatise of the Oath is a very excellent Cōment upon a bad Text fit to be made publick for the common good not onely for the present but for after times And as was said by one of Adams fall that it was foelix culpa in that it gave occasion to the manifestation of so great a mercy to mankind as followed thereupon so may I say of the unhappy Oath unhappy in respect of it selfe that it was foelix Juramentum an happy Oath in respect it induced the production of such a profitable discourse upon it very profitable doubtlesse if it may become as universall as it is usefull which is the humble and hearty desire of him that professeth himselfe Yours in all offices of a friend and servant G.J. Having had opportunity to peruse many such Letters I have made choice of the shortest because I would not any longer withhold the Reader from the principall provision prepared for him whereto I now shall willingly dismisse him N.E. CAN. 6. An Oath enjoyned for the preventing of all Innovations in Doctrine and Government THis present Synod being desirous to declare their sincerity and constancy in the profession of the Doctrine and Discipline already established in the Church of England and to secure all men against any suspition of revolt to Popery or any other superstition decrees that all Archbishops Bishops and all other Priests and Deacons in places exempt or not exempt shall before the second of November next ensuing take this Oath following against all Innovation of Doctrine or Discipline and this Oath shall be tendred them and every of them and all others named after this Canon by the Bishop in person or his Chancellour or some grave Divines named and appointed by the Bishop under his Seale and the said Oath shall bee taken in the presence of a publick Notary who is hereby required to make an Act of it leaving the Universities to the provision which followes The OATH is I A. B. doe sweare that I doe approve the Doctrine and Discipline or Government established in the Church of England as containing all things necessary to salvation And that I will not endeavour by my selfe or any other directly or indirectly to bring in any popish Doctrine contrary to that which is so established Nor will I ever give my consent to alter the Government of this Church by Archbishops Bishops Deanes and Archdeacons c. as it stands now established as by right it ought to stand nor yet ever to subject it to the usurpations and superstition of the See of Rome And all these things I doe plainely and sincerely acknowledge and sweare according to the plaine and common sense and understanding of the same words without any equivocation or mentall evasion or secret reservation whatsoever And this I doe heartily willingly and truely upon the faith of a Christian So help me God in Jesus Christ Concerning the Oath and Penalty thereof imposed by the sixth Canon of the late Synod DOubts and Hopes with the Reasons of them both for the most part delivered into the hands and intended wholy to be presented to the prudent and religious consideration of the reverend Father John L. Bishop of Chester in the names of the Divines Physicians and Schoole-masters of his Diocesse pag. 1. 1. Generall DOUBT 1. Doubts in Generall Whether this Oath if it be tendred and taken be not a taking of the Name of God in vaine against the third Commandement pag. 3. 2. Whether this Oath may be taken in faith without which the taking is sinne Rom. 14.23 pag. 11. 3. Whether the sixth Canon as it is charged with this Oath and Penalty be not like to crosse the chiefe end whereat his Majesty aimed in granting his Commission for a Convocation or Synod pag. 11. 1. Particular DOUBT 1. Doubts in Particular What is meant by Discipline and Government whether the same things or no and if the same what they be pag. 14. 2. What is meant by the Church of England pag. 16. 3. Why the Discipline is linked with the Doctrine of the Church of England for necessity of salvation pag. 18. 4. What is meant by Popish Doctrine pag. 32. 5. What establishment of Doctrine is here meant and how farre it may be said to be established pag. 39. 6. whether the degrees here specified be propounded to be allowed in the same or in a different degree of assent and approbation pag. 43. 7. What Deanes are here meant pag. 44. 8. What is the Authority or Government of a Cathedrall Deane pag. 45. 9. What is the Authority or Government of a Deane Rurall pag. 48. 10. What is the Authority or Government of Archdeacons pag. 51. 11. Whether we may safely take a new Oath with an c. pag. 55. 12. How farre the c. is to be extended when it is expresly declared pag. 56. 13. What Governours are included in the c. whether the King as Supreme be altogether omitted or implicitely contained in it pag. 56. 14. Who and what Governours they be pag. 59. 15. Whether the establishment of the Adjuncts or the not necessary appendences of Bishops be to be sworne unto in this Oath pag. 62. 16. What the Right is by which the Government is meant to stand pag. 65. Of Archbishops and Patriarchs pag. 71. 17. How farre this perpetuity propounded is to be applyed to the Discipline or Government of the Church pag. 79. 18. Why we should sweare against consent to alter the Government of the Church pag. 84. 19. Whether if we should thus sweare wee should not be entangled with contradiction to our Governours and to our selves pag. 85. 20. Why in this part of the Oath mention is made rather of the See of Rome then of the Church of Rome pag. 92. 21. How we can sweare to a plaine and common sense and understanding of the Oath pag. 94. 22. What willingnesse is required in the taking of this Oath pag 95. 23. How the Doubts of the Oath may bee resolved and cleared pag. 96. 24. Why the sons of Noblemen are excepted and priviledged from taking this Oath when they take the degrees of Masters of Arts. pag. 103. 25. Concerning the difference betwixt the command and commination of the Canon pag. 106. Our HOPES Our Reasons and Grounds of them are foure 1. Reason grounded on Piety pag. 112. 2. The second on Charity pag. 116. 3. On Equitie pag. 120. 4. On Policie pag. 122. Concerning the Oath and penaltie thereof
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.
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 governmēt 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 ceremoni●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 quàm Dominicae pas●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 quàm 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 ſ 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
44. The things that he and his party stood for were such as that if every haire of their head were a life they should lay all downe for the defence thereof And there are some so rigid to such Churches as want it as to hold they want a principall meanes of their salvation In opposition to these it may bee the meaning of the Oath is That as for Doctrine so for Discipline our Church wanteth nothing that is needfull to salvation but because by such an expression the Composers of the Canon may seeme to assume that necessity of Episcopall preheminence such as it is in England and Ireland which they condemne in the Discipline of Geneva and other Reformed Churches we feare a snare in these words of the Oath Object But did not an Apostolicall Councell decree forbearance of things of different natures as of meat offered to Idols of things strangled of bloud and of fornication calling the abstinence from them all necessary thing Act. 15.28 29. yet was there more necessity of forbearance of the last then of all the rest for to abstaine from them was not necessary but in respect of the state of that time that the Gentiles and the Jewes might live more peaceably together with lesse occasion of quarrell but to forbeare fornication was and will be alwaies necessary to salvation Answ All this is true yet many waies different from our case For First we are bound to embrace the Decrees of an Apostolicall Councell without all doubt or suspicion of errour but wee are not so to entertaine any Constitutions of men since their time whether single or assembled in Synods Diocesan Provinciall Nationall or Oecumenicall since as our Church resolveth in the 21. Article they may erre and have erred in things pertaining to God which the Apostles never did nor could doe in any thing they taught or decreed to be received by the Church Secondly the Apostles leave the word necessary at large to bee distributed by distinction and due application according to the different nature of the things contained in their Apostolicall Decree Of which though they say they are necessary yet do they not say they are necessary to salvation as this Oath hath it both concerning Doctrine and Discipline Thirdly the Apostles by their Decree required no Oath of such as were subject unto them as the sixth Canon doth Fourthly they laid no new burthen on the consciences of Christians but rather tooke off a great part of the old Ver. 28. but this Oath is a new burthen and if it should be urged the heaviest in respect of imposition and penalty to some that ever was laid on the English Church since it left off to bee Romish which the Imposers though prudent might the lesse apprehend and take to heart then their inferiours in place and policy because it was not like to bee their owne case to be troubled at the taking or to bee censured even to undoing for the refusall of the Oath since they liked it so well themselves as to propound it to others If to mollifie the rigour of this combination of Doctrine and Discipline for necessity to salvation there bee found out other distinctions then such as have been touched either concerning Discipline or salvificall necessity they may haply serve to salve an objection in Scholasticall dispute rather then to satisfie the conscience against all doubt so as is necessary to the due and safe taking of an Oath though Discipline in particular as hath been shewed be not necessary to salvation and if it be not it seemeth to be set in the Oath as an Associat with the Doctrine as to that effect like Bibulus with Caesar in the Consulship when * Non Bibulo quidquam nuper sed Caesare factum est Nam Bibulo fieri Consule nil memini Sueton. in Jul. Caes nu 20. p. 16 Bibulus as a single Cypher standing for nothing did nothing as a Consul but Caesar did all so that the saying was Julius and Caesar were Consuls not Caesar and Bibulus And if so it is too neere a non-ens and so a kind of trifling unmeet as we thinke for so serious and sacred a matter as an Oath THE OATH And that I will not endeavour by my selfe or any other directly or indirectly to bring in any Popish Doctrine contrary to that which is so established DOUBT 4. What is meant by Popish Doctrine 4. Patricular Doubt THE REASON BEcause it is not yet determined in any satisfactory way at least not so determined that wee may sweare to it what opinions are to bee esteemed Popish either for Doctrine or Discipline Luther as some report of him was wont to say Å¿ Master Chil. his answer to Charity maintained c. 2. pag. 82. That himselfe and almost every man else had a Pope in his belly yet few have it in their heads to tell what Poperie is Many hold that divers of the Arminians Tenets are nothing else but Popery blanched over with a specious t The Kings large Declaration pag. 319. subtlety and for holding them have some been publickly censured as Popish u Peltius in Harmon Remonstrantium Socinianorum Excus Lugd. Bat. 1633. Archb. Laud calleth the Socinian Heresie an horrid and mighty monster of Heresies in his relat of his confer with Fisher p. 310. there are that make the Arminians brothers to the Socinians in divers dangerous and damnable positions On the contrary it is affirmed by farre higher Authority x The Kings large Declaration pag. 320. That their Tenets could not be accounted Popish concerning which or the chiefe of which as learned Papists as any in the world viz. The Dominicans and Jesuites did as much differ as the Protestants did and that those who adhere to the Augustan confession did hold that side of these Tenets which the Arminians doe hold and therefore farre from being Papists being the first Protestants and therefore it was against all sense to condemne that for Popery which was held by many Protestant Churches and rejected by many learned Papists And whereas the Socinians are severely and that deservedly condemned by a particular y Canon 4. Canon there is nothing at all decreed against the Arminians either in that or any other Canon of that late Synod whereof they that make conjecture of the causes bring in such as these It may bee the Synod thought that it was a better way for preservation of the Churches peace to make no Decree concerning Arminian opinions or that they were slandered and made worse then they are though the Socinian be not or that enough was done against the Arminians at the Synod at Dort and if any thing at all a great deale too little against the Socinians or that it was not for the honour of a Synod of Bishops c. to come after a Synod of meere Presbyters one Bishop onely excepted and by their own Canons as it were to subscribe to Presbyteriall determinations And this last Reason
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