1. Generall Doubt. Whether this Oath (if it be tendred and taken) be not a taking the Name of God in vaine,1. Generall Doubt. against the third Commandement?

THE REASON.

BEcause, as wee suppose, there is no need of it (in respect of Ministers especially) for security either of Doctrine or Discipline against Innovation: for Do­ctrine [Page 4](as against the Papists, the principall enemies unto it) the Lawes of the Land, and Constitutions of the Church (without this Oath) sufficiently provide, if they be answerably executed: and for such, if they be conscionable, they will not take it; if unconscionable, (though they take it) they will not keep it: for they will easily bee perswaded to slight this Oath, as they doe the oath ofVidere non potuit, si Pontifex jura­mentum dissolverit, omnes illius nexus, sive de fidelitate Regi praestanda, sive de dispensatione non admittenda diffolu­tos fore.—Imò juramentum injustum neminem obligat, sed ipso facto nullum est. Lysim. Nican. pag. 54. ex Pascenio. Allegiance, whereof some of them shew how the cautions of it against equivocation, mentall re­servation, and Papall dispensations may bee eluded, and say, that the Oath, as unjust (so soone as it is taken) is presently nullified ipso facto.

But for Ministers especially, it seemeth unto us to be altogether needlesse; since they, having according to theCan. 36. & 37. Canons of the year 1603. subscribed to the Kings Supremacy, the Articles of Religion, and the Booke of Common Praier, and of Ordination, with all their contents (wherein the order of Bishops, and degree of Archbishops is contained; and which is compasse enough for a well composed conscience) areCan. 38. see also Can. 8. sentenced (if they revolt from their subscription) first, to Suspension; secondly, to Excommunication; thirdly, to Deposition from the Ministry. Rigour e­nough for verball commination, and (in respect of some degrees of offence recorded in the Canon) somewhat too much for reall execution; so that there is no need of more security by assent to the things re­quired, then the subscription to the three Articles of the 36. Canon, and the severity of the 38. Canon against such as revolt from that ratification.

And, by that wee reade in the Archbishops late re­ply to A.C. it seemes confession and subscription are enough (for that we professe in point of faith) to give satisfaction and assurance of our sincerity, even to a professed adversary; for, when A.C. had said,Archb. Laud in his relation of his confe­rence with Fisher, p. 326. that it is not fufficient to beget a confidence, in this case to say we beleeve the Scriptures, and the Creeds, he returneth him this answer:

But if wee say it, you are bound in charity to beleeve us; for I know no other proofe of faith, but confession of it, and subscription to it: and for these particulars, wee have made the one, and done the other; so it is no bare saying, but you have all the proofe that can bee had, or that ever any Church required.

If his Lordship had remembred this, at the late Sy­nod, it may be he would not have thought it meet to require us to sweare beyond our confession and sub­scription formerly made; for why should hee, or the rest of the Synod, have lesse faith and charity to enter­taine our testification, then we may justly expect from our Popish opposites, or require more of us then any Church ever did hitherto?

Long before these Canons were set forth, andQueen Eli­sabeth began her reigne Novemb. 17. an. 1558. and these were published ann. 1561. soone after the reformation of Religion by Queene Elisabeth, there were (we confess) certain protestations to be made, promised, and subscribed by them that were afterwards to be admitted to any office, roome, or cure in any Church, or other place Ecclesiasticall.

But we conceive (besides other differences to bee touched under another title) that neither these prote­stations are equivalent to such a solemne oath, as now [Page 6]is required of us, nor that there is such need of it now, as there was of them at that time.

Object. If it be said, that in these times there is such division and distraction among us, that there is need to fasten us together by such a sacred bond as that of the Canon:

Answ. Wee thinke it reasonable to reply, That neither the want of such an oath was the cause of the distemper of the times, nor that the urging of it will be a convenient cure thereof; but rather the contrary: since there is more agreement betwixt peace and love, which may best be preserved where offensive things are not urged; then betwixt love and compulsion, especially, if (as of this oath it is conceived) it in­croach upon the conscience, without any great need (as from them that require it) or without sufficient ground to satisfie such as should receive it.

And wee see by the operation of it already, daily producing more and more dislike of it, that it is not like to be a remedy against any malady already disco­vered; but rather a meanes to exasperate the disease (though this bee besides the intention of them that propound it) whereof there was the lesse need: be­cause, as our learned and religious brethren the Di­vines of Aberdene have observed,Generall Demands of the Ministers and Professors of Aberdene, pag. 29. There bee other meanes more effectuall for holding out of Popery (and so of any other unlawfull Innovation) in which we ought to confide more then in all the vowes & promises of men: yea also, more then in all the united forces of all the sub­jects of this Land: to wit, diligent preaching and teach­ing of the word, frequent prayer to God, humbling of our [Page 7]selves before him, and amendment of our lives and con­versations, and arming our selves against our adversa­ries, by diligent searching of the Scriptures, whereby we may increase in the knowledge of the truth, and in abi­lity to defend it against the enemies of it.

These have been the chiefe meanes to advance both the Doctrine of truth, and the Discipline of man­ners; and they will be the best meanes to hold them up still: with them there will be no need, without them none aide by oaths of this kind.

There be some that say, This Oath was framed for tryall how men stand affected to the present govern­ment, and whether they be inclined to such a change in the Ecclesiasticall state for Doctrine or Discipline, as tendeth to disturbance of the civill government also, especially to derogation from his Majesties Au­thority: this is partly implyed in the Preface of the Oath, which beginneth thus; This present Synod, being desirous to declare their sincerity and constancy in the profession of the Doctrine and Discipline established in the Church of England, and to secure all men against suspicion of revolt to Popery, or any other superstition, decrees, &c.—and in this respect they conceive the Oath is of necessary use. To such as thus plead for it, we thinke it meet to make this answer,

1. Concerning the venerable Synod, that though some persons in it, being suspected of unsound Do­ctrine, of a Popish straine, might doe very well to give all due and probable satisfaction, to acquit themselves of that imputation (wherein we are perswaded of some that they have been untruly traduced) yet wee con­ceive this Oath not so pertinent to that purpose, as is [Page 8]alledged; because the third Canon, which insisteth much in the discovery and pursuit of Papists, and none else, importeth more opposition to Popery then this sixth Canon doth, which requireth the Oath; since (as wee shall manifest in another place) it com­meth with a deeper charge against those who are the greatest Adversaries of Popery, then against Papists themselves.

Secondly, for the other part of the Oath concern­ing Discipline, or the government by Archbi­shops, &c. we apprehend no need of an Oath, to de­clare the sincerity and constancy of the Synod in that respect; for who maketh doubt, but Archbishops, Bishops, Deanes, and Archdeacons (who carry most sway in all our Synods) are willing enough to main­taine their dignity and authority, and unwilling to sub­ject either of them to Papall usurpations. He is a man of little faith who will not take their bare word for that, without an Oath, or will require so much; for no reasonable man can thinke otherwise of them, though they say nothing.

For we cannot imagine, if it were but for the Arch­bishops owne sake, that he (sitting as President of the Synod) would ever submit to any usurpations of the See of Rome; since hee knoweth, and would have others know from him (for hee hath published it in print) that the Pope hath acknowledgedPope Urbane the second, ac­counted my worthy Prede­cessour Saint Anselme, as his owne Com­peere; and said he was the Apostle and Patriarch of the other world. So Archbish. Laud in his re­lation of his conference with Fisher, p. 171. Anselme, a worthy Predecessour of his in the See of Cant. for his owne compeere, the Apostle and Patriarch of the other world.

And hee sheweth himselfe willing enough to take his Holinesse at his word, and to keep him out from all command over the Britaine Church, alledgingIbid. ex Guid. Pancirol. that it was never subject to the See of Rome, having a Primate of its owne; and that Primate for the present is himselfe.

Thirdly, for others, this Oath can be no good Cri­terion, to try mens sincerity to either Doctrine or Di­scipline; for many things by divers may bee beleeved, liked, and preferred, before any other of that kind (so that they would bee loth to change them) and yet may they be unwilling to take an Oath for constancy to them.

For instance, wee beleeve kneeling at prayer to bee lawfull, laudable, and the best gesture wherein to present our devotions to God; yet wee would not be put to sweare never to consent to a constitution for standing at prayer, since for it there is, first,Mar. 11.25 Luk. 18.11. Scrip­ture; secondly, a Decree in the firstConsona & conveniens per omnes Ec­clesias custodi­enda constitu­tio est, ut stan­tes ad oratio­nem vota Do­mino redda­mus. Concil. Nicen. 1. Can. 20. Nicen Councel; thirdly, a continued practice of it in the Church forFrom before Tertullians time, untill Anselme Arch­bish. of Cant. many hundred of yeares together.

Fourthly, many of those who, in regard of the mani­fold doubts involved in the Oath, are affraid to take it, have given better evidence of their sincerity concer­ning the state, both ecclesiasticall & civill, then can be expected of most that take the oath (without any doubt or examination at all) & if yet there be doubt of them, they may be put to the tryall of the first Canon con­cerning the Kings Authority, and the eight made for preaching for conformity, both decreed by this last Synod, which may bee sufficient for full satisfaction without an Oath; and yet they that dare not bee per­emptory [Page 10]in every particular (in those Canons deter­mined) may for all that bee as farre from all disposi­tion to trouble either Church or State with any Inno­vation, as they who would set the seale of an Oath to every line of them.

Fifthly, though we doubt not, but divers who have taken the Oath bee very learned, grave, and godly persons, and have done it (as they conceive) with due consideration, and good conscience; yet it cannot bee denied, but many may be too forward to sweare, with­out any care or use of either: either out of hope to bee held very heartily affected to those who have meanes to promote them (the hope whereof, as Aeneas Sil­vius observed, made more to adhere to the Pope, who gave preferments, then to the Councell, who had none to give) or out of feare of their dis-favour, who have power to lay heavie pressures upon them.

And in respect of such the Oath is of no use or force, since the same affections (not regulated by Rea­son and Religion) will incline (with the alteration of times) to quite contrary effects.

Lastly, so many of all sorts, both of the Clergie and Laitie; yea, many of those who hold Episcopall imparity the best government of the Church, and are no way addicted to the Presbyterian Discipline, dislike this Oath so much, that howsoever this Canon may discover some difference betwixt those, whose lot the wise man sheweth may be alike (viz. betwixt him that sweareth, and him that feareth an oath, Eccles. 9.2.) yet not that difference which may bee cause either of assurance of them that take it, to the doctrine or government of the Church, [Page 11]or of just jealousie or suspicion of them that re­fuse it.

2. Generall Doubt.

Whether this Oath may be taken in faith,2. Generall Doubt. without which the taking is sinne. Rom. 14.23.

THE REASON.

BEcause it comprehendeth so many things of se­verall kinds (and divers of them unknowne unto most of us) that though wee be ready to beleeve, and receive some of them fingle, our faith cannot fadome them altogether; and so wee cannot sweare without doubting: and if doubtfull swearing bee as dangerous as doubtfull eating (as wee conceive it is, and so may feare wee may be damned for it by the doome of the Apostle in the fore-cited place) wee can neither with confidence nor safety take this Oath, untill we be bet­ter resolved of the true meaning thereof; and so (as it seemeth to us) a superfluous Oath, it may prove to the takers a perillous Oath.

3. Generall Doubt.

Whether the sixth Canon,3. Generall Doubt. as it is charged with this Oath and penalty, bee not like to crosse the chiefe end whereat his Majesty aimed in granting his Commis­sion for a Convocation or Synod.

THE REASON.

BEcause in his Royall Declaration (which hee was pleased to prefixe before the late Canons) hee [Page 12]faith hee giveth leave for Ecclesiasticks to assemble, and being assembled,The Kings Declaration prefixed before the Canons. pag. 8. to conferre, treat, debate, con­sider, consult, and agree of, and upon Canons, Or­ders, Ordinances, and Constitutions, as they should thinke necessary and convenient to this end, viz. for the honour and service of Almighty God, and for the good and quiet of the Church, the Ibid. pag 10. end and purpose by his Majesty limited and prescribed to the Convocation or Synod; and how this Oath sorteth to this end, we ap­peale to the publick report of most Counties in the Kingdome, wherein (besides the Ministery) the peo­ple neither of the worst sort for condition, nor for conversation; nor the fewest for number, expresse much discontent and trouble of mind at the proposall of it.

Hereby wee impute no disobedience to the reve­rend Prelates and Clergie assembled; for wee con­ceive they had no thought of opposition therein, to the pious purpose of his sacred Majestie; nor any im­prudence, since, as they beleeved themselves of the Oath, they might probably hope of acceptance with others, and (if generally accepted) that such effects might follow as they projected.

But if they doe not, their discretion will direct them to vary their course as times and occasions require. For, if the Church in this world bee like unto a ship upon the sea (in which respect it is likened toArcam fuisse Ecclesiae ima­ginem certum est, teste Petro. 1 Pet. 3. Calv. in Genes. 6. Noahs Arke) their Acts, and aimes of Government of it, may be sometimes disappointed by the indisposition of the people to comply with them; as the purpose of the Pilot by the distemper of the weather, who, when he reasonably thinkes it meet to hoise up saile, may bee [Page 13]soon after induced to strike saile, for the avoidance of inconvenience or danger: of this prudent accommoda­tion of the Acts of Authority to the times, and their uncertaine inclinations and events, we find manifold examples, both in the Civill and Ecclesiasticall estate. Thus much of the Doubts in generall.

Our Doubts in particular.

The Doubts hitherto proposed touch not upon any branch of the Oath in severall,Doubts in particular. or of the appur­tenances to it, but reach to the whole, as taken toge­ther; those that follow arise out of particular conside­ration, first, of the parts of the Oath; secondly, of the explication of it; thirdly, of the persons that are to take it; fourthly, of the penalty attending upon it.

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,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 speci­ousThe Kings large Declara­tion. pag. 319. subtlety; and for holding them, have some been publickly censured as Popish: &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, [Page 33]it is affirmed by farre higher Authority,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 particularCanon 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 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 [Page 34]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 inNon nego me hujus interpretationis auctorem neminem habere, sed hanc eò magis probo, quàm 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 piousThe 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 [Page 35]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,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, Ibid. and that Calvinisme is accounted Heresie, and little lesse (and if we beleeve a late [...], 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 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 learnedDoct. 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 someBrerely 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 [Page 36]may bee reputed Popish: For Archbish.Archb. Whit­gifts reply to T. C. p. 299. 559 Whit­gift, BishopBishop Hall of Episcopacy. part. 3. pag. 34. and BishopBish. Down­hams Defence of his Serm. [...]. 1. c. 8. p. 139. Downham conclude Popery upon the Presbytery; and theIn 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 [Page 37]not as necessary to salvation, which is not either ex­presly, or by consequence contained in that compasse: And also to leave a latitude sufficient for particular opinions, wherein men might use freedome of judge­ment, without infringing of charity; and wee thinke it a meet meanes to preserve the Churches peace, that the Doctrines be not too many, which are to be re­ceived and beleeved of all: and that these Doctrines are established in the Church; but what Tenets are re­jected as properly Popish, doth not as yet appear unto us, and withall, we doubt.

DOUBT 5.

What establishment of Doctrine is here meant,5. Particular Doubt. and how farre it may be said to be established.

THE REASON.

BEcause we conceive that the 35. Article, at least vertually, establisheth the Doctrine of the two Bookes of Homilies (the one set forth in King Ed­wards the sixth, the other in Queen Elizabeths raigne) as godly, wholsome, and necessary Doctrine; and as fit to bee preached to the people in a Sermon, as read to them in an Homily.

But on the contrary, hee that hath taken upon him to analyze the Articles into severall propositions, and to confirme them by Scripture, and otherwise (and this by allowance of publick Authority, as the title page of his booke doth testifie) setteth this Note upon that Article, Touching this Article, the greatest matter (saithMast. Rogers on the 35. Ar­ticle of Relig. pag. 193. he) is not, Whether these Homilies meant and [Page 38]mentioned, doe containe Doctrine, both godly, wholsome, and necessary: but whether Homilies, or any Apocrypha writings at all, may bee read in the open Church, and before the Congregation: Whereof (in reason) there needs no more refutation then the reading of the Ar­ticle, and the severall Titles and Contents of the Ho­milies annexed to it.

And though we like it well enough, that his Testi­mony is sometimes excepted against, asBy the Archbishop of Cant. in his answer to A. C. p. 47, 48. proceeding from a private man; yet since his glosse upon that authenticke Text, hath commonly passed in the name, and without the note of dislike of Authority, it indu­ceth us to doubt, what Doctrine in those Bookes may be said to bee established in our Church; and wee are the more unsettled in our conceipt thereof, because wee see the Homily of the perill of Idolatry so little heeded, and so much liberty of late taken to controll it, with new Pictures in Churches, that if the Homily were read in some of them, it might be doubted (by such as consider no more then what is presented to their senses) whether there were not one Religion for the eares, another for the eyes: or whether the Lay­mens bookes, or the Clergy mens were published with greater priviledge: which hath been an occasion of Papists bragging,Charity maintained, see Master Chil. Preface in an­swer to it. p. 12. That our Churches begin to looke with a new face, and their walls to speak a new language; the face out-facing, and the language contradicting the Doctrine of the Homilies.

We doe not meane hereby to charge those with Idolatry, who have made it their care, and have been at great cost, to adde the beauty of henour in the walls and windowes of Gods house, to the beauty of holinesse in the Communion [Page 39]of Saints (who resort unto it, and performe their solemn devotions in it) wee doubt not but they are too wise to worship the worke of the pensill, or any worke of mans hand: yet wee beseech their wisedome to consider, that the world groweth old, and with age (according to the Proverb) becomes childish; and children delight more to looke upon Babies, then on the letters of their bookes, or to learne their lessons: and so that which by them was meant but for adorning, the illiterate (with the mutila­tion of a letter) may turne to adoring; and what was in­tended but to be a memorandum of History, may be turned by some, and taken by others, as a memoriall of the my­stery of Iniquity: whereby the subtle may draw the sim­ple from spirituall piety, to sensuall superstition; which was the evill effect feared by those grave and godly Di­vines, who composed the Homily: and for which cause they so zealously contested against all Images in Chur­ches: They had read, no doubt (with due regard) the saying of St. Malè vos parietum amor cepit, malè Ecclesiam Dei in tectis, aedificiisque ve­neramini—Anne ambiguum est in his Antichristum esse sessurum. Hilarius contra Auxent. pag. 216. & 217. Hi­lary against Auxentius, Your love is fondly set upon faire walls; you doe ill to make your respect of the Church, by the out­ward splendour or statelinesse of structure: know you not that Antichrist will set his Throne in such as these? But this is his Quaere, none of ours; we goe on.

We had thought, it had been the established Doctrine of the Church of England (in the Homily of the time and place of prayer) that it is a necessary and perpetuall duty (by the fourth Commandement) to celebrate one day in seven with religious observances; but wee find that Doctrine publickly gain-said by divers, and the Do­ctrine of the Popish Schoolemen as publickly main­tained [Page 40]against it, in divers Treatises in print. And for the Articles of Religion themselves (wherein chiefly wee conceive the Doctrine of our Church to be con­tained, and by Authority, both Civill and Ecclesia­sticall, to be established) they are much impeached in the power and vigour of their stability, by leaving such liberty for the points of free will, predestination, and possibility of keeping Gods Commandements (as before hath been noted) which by the 10.15. and 17. Articles are resolved, against the opinions of the Papists: and much more are they wronged by him, who hath written aFran. à San. Clara his book called Deus, natura & gra­tia, printed Lugdun. 1634. Booke, and therein hath labou­red with much subtlety and diligence, so to mince them by manifold distinctions; and to wrench them from their proper, to a Popish construction; as if the Convocation that concluded them, had had no mind or meaning to contradict the Councell of Trent: and that now our 39. Articles were patient, yea ambitious of some sense, wherein they may seeme Catholick (i. in their sense, Popish) as a lateSee Master Chil. his Pre­face in answer to the Author of Charity maintained. pag. 12. Papist with great boasting hath upbraided unto us: So in the book called Charity main­tained.

By expounding and applying of these Articles in a new way, hath Franc. à Sanct. Clara troden out a new tracke (though with many intricate turnings and wind­ings) in which men of equivocall consciences may send their faith to Rome, while their affections keep close to their Interests in England; and hath taught them to play fast and loose (as to their Orthodox and Protestant sense) so that asPlutarch in the life of A­lexander. p. 110 Aristotle said to Alex­ander concerning his Physicks, they were published, and not published; their words being read, and their [Page 41]meanings not rought; the Articles might be said to be established, and not established: established as a sa­cred Text, but not established by meanes of an ambi­guous Comment, turning the Interpretation (like a nose of waxe) as easily to the left hand, as to the right: And how farre this cunning stratagem hath prevailed with some, we cannot tell; but, as in charity we hope well of those of whom wee know no ill; so in godly discretion, wee dare not bee so confident in our good opinion, as to sweare what we but thinke, and wish to be true.

But, though we cannot make faith upon Oath, how farre our Doctrine is established, as in opposition to Popery, wee doe not deny but that our reverend Fa­thers and Brethren of the Synod might intend hereby, more firmly to establish that Doctrine, which is most repugnant to such opinions as they beleeved to bee properly Popish: and the rather, because wee have been credibly informed, that the Oath was first pro­posed, and so passed in the house of Convocation, as an abjuration of Popery onely.

But a second time tendred (as in a second edition) it was augmented, but (as we conceive) not amended, when the Discipline or Government was intwisted in it, as it followeth in the next words.

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 (saithAzor. 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, asDecanus 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 SaintAug. 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 (asDuaren. 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 moreIn processe of time Archipresbyters were called Decani. Bish. Downh. li. 1. pag. 188. of the defence of his serm. ancient name of such wasConcil. Turon. 2. Can. 6. an. 566. & Con­cil. Antinodor. Can. 40. an. 615. Archipresbyter, that is, as the word importeth (andPresbyterorum 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 [Page 45]intended in this Oath, is somewhat doubtfull: That Cathedrall Deanes are meant, it is probable; because they are placed next after Bi­shops, andSo by the name of Archipresbyter is hee called, and put before the Archdea­con. Concil. Carthag. 4. can. 17. before Archdeacons: and though the ArchdeaconArchidiaconus 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 BishopThe 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 calledArchipresbyteris 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 byLindw. 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, theDecani 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 (asBy 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 BishopBishop 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: [Page 47]for in the lateThe 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 theMaster 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,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 [Page 48]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 learnedDoct. 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 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 [Page 49]of the Si quis ex Secularibus institutionem aut comminationem Archipresbyteri sui contumacia faciente audire distulerit, tam diu à limitibus Ecclesiae habeatur extraneus, quàm 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 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 [Page 50]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 callingDecanos 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 Bishops, allowing sometimes larger, sometimes lesse Authority unto them: Some have had power to Crimina & excessus quorumcunque Laicorum, criminibus Adulterii & Ince­stus tantummodo exceptis. So in the Pa­tent of M^r. P. M^r. E. M^r. 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 [Page 51]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 theConcil. 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 DoctorDoct. 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 soDiaconos 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 (as3. Partic. Doubt. pag. 20. lit. q. be­fore we have noted under another title) hee said,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,—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 DoctorDoct. 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. BishopArchidiaco­natus gradus est novus. Bish. Andr [...]n Resp [...]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 [Page 53]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 ofDecret. 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 theConcil. 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. à 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,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,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 [Page 54]and Truth, as many times they doe, as Tertullian saith,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 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 [Page 55]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 [Page 57]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 ofThe 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 allCan. 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 [Page 58] 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 theI 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 'tis 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 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 [Page 59]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:

The Kings Preface before the late Can. pag. 9.Guardians of SpiritualtiesSo 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.

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 [Page 60]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.

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 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.

Can. 103.119.128.135. Convocat. 1603.CommissariesSee 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.

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 Lind. Tit. de sequestr poss [...]ss. c. 1. verbo Offi­cialis. Lindwood) with the addition of Foraneus.

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, [Page 61]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.

The 15. DOUBT.

15. Particular Doubt. Whether the establishment of theSo the Arch­bish of Cant. disting. in his Speech in the Starre-chamb. an. 1637. p. 6. Adjuncts, or theSo 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 theDoct. 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 theirStat. 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) heBish. 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 [Page 63]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, thatIbid. 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, butArchbish. 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, orSee 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 aNationale 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,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 [Page 64]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 ofBy 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,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 [Page 65]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.

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 [Page 66]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 ofBasiliense 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; [Page 67]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 veryThe 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 byBish. 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 thatBish. Hall of Episcop. part. 2. p. 47. there be divers points of faith (weighty points) which have not so strong evidence in 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) haveWillet 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 wereHist. of the Councell of Trent. l. 7. pag. 596. de facto confessed, de jure it was doubted, whether it wereIbid. 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 theIbid. p. 606. Augustan confession) or neither: for that alloweth no difference [Page 68]betwixt a Bishop and a Presbyter, but by custome and constitution Ecclesiasticall; and so doubtfull was theirIbid. p. 597. Tenure, that some (in that Councell) were willing to avoid the discussion of that doubt; and the chiefest of the Prelates (theIbid. 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, SaintPaulus 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 (saithQuia 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 Hierome in his Epistle [Page 69]to Evagrius; and commenting upon S. Pauls Epistle to Titus, Episcopi noverint se magis con­suetudine, quàm 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. SaintSecundùm 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: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 (asWillets 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 whereasArchb. 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 bySee 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 SaintIdem 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 thoughEpiphan. 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 [Page 70]in his Catalogue of Heretickes: and since himMich. 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 theSi 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 isAltare 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 ofOne 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 ofAs 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,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 Pacianus (very famous men in their faculties; the [Page 71]one for a Canonist, the other for a Civilian, and di­vers more, to say nothing of theChamier. 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.

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 (asThe 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, 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 [Page 80]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, 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,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 atThe 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 [Page 81]is a chiefe point of Discipline or Government (of which1. 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 theSee Reform. leg. Eccles. à sol. 80. ad 90. See also the form. of the sent. of Excomm. in certaine Canons of the Synod. 1571. p. 29.30. Constitutions and Orders published by King Henry the eighth, and King Edward the sixth; and in the last Synod the case is much altered with Bishops in their Government: for, whereas formerly they were free to propound what Articles they thought good in their visitations,Can. 9. Now (to prevent just aggrievances, which may bee laid upon Church-wardens, and other Sworn-men, by impertinent, inconvenient, or illegall inquiries) this last Synod hath caused a summary, or col­lection of Visitatory Articles (out of the Rubricke of the Service Booke, and the Canons, and warrantable Rules of the Church) to be made: which Bishops, and other Ordi­naries, are to follow in their Visitations, and none other. And in divers particulars the Autho­rity of Chancellours isSee the Confer. at Hampt. Court, how their authority is altered by restraint. pag. 77, 78. particularly for Excommunication. altered, as may appeare by the 11, 13, 14, 15, 17. Canons of the late Synod. And why another Synod may not (if there bee cause) make other alterations, we know not, and we beleeve they may; and that there may be need they should doe so: and therefore that we may not take an Oath that wee will not consent to alter that, which is of an alterable nature.

Object. If it be said, that Government is here taken as distinguished from Discipline; and that Discipline may bee altered, while the Government is not: wee say,

Answ. 1. That we find no ground in the Oath for that distinction; and wee have shewed before, that in the former part, they signifie (as Synonyma) the same things.

Secondly, if wee take the Government for that of the Bishops preheminence over the Presbyters, though Bishop Hall averre with a confidence belong­ing to the Creed,Bish. Hall of Episcopacy. part. 2 sect. 2. pag. 129. That the Government by Bishops is both universall and unalterable: and so was Ibid. p. 132, 133. intended by the Apostles in their ordinance of them; and therefore is Ibid. p. 135. utterly indispensable, and must so continue to the worlds end: yet some, who have been more exercised in the controversie of Episcopall Authority then hee (if we may make our comparison by what is published in print) and who thinke so well of that Prelation, as to hold it as of Apostolicall Institution, confesse,Bish. Downh. answ. to the Preface of the Refuter of his Serm. p. 9. That the Government by Bishops is not generally, per­petually, and immutably necessary: and it may be that which the Archbishop of Canterbury that now is, hath said of Government in generall, may have an application to this point in particular (though hee meant it not so)Archb. Laud in his Epist. De dic. before his Starre­chamb. Speech. This (saith hee) I shall be bold to say, and your Majesty may consider of it in your wisedome, that one way of Government is not alwayes fit, or safe, when the humours of the people are in a continuall change.

Thirdly, there is an alteration in Government, when they that govern have lesse Authority then they [Page 83]have had, as by the last Canons wee have observed, both of Bishops and Chancellours.

Fourthly, there may be yet a further alteration for the better, without digression from the old way to Novelty, or from the high way (the right road way of such as are truly religious) to Schisme; which (if the reverend Fathers will give us leave) wee will un­dertake to shew by such evidence, as in this case is of greatest weight.

Wee dare not then take an Oath against alteration, lest therewith wee should forsweare a meet Reforma­tion of the Church; which any Church may need, that hath lesse assistance of the Spirit then the Pro­phets of the Old Testament, and the Apostles of the New; and of all of them we must hold, as theThe L. Archbish. that now is, in his Answ. to A.C. pag. 91. Arch­bishop hath very well said in his answer to the Jesuit, Such an assistance of Christ and the holy Spirit, the Pro­phets under the Old Testament had, and the Apostles under the New; as neither the high Priest with his Cler­gie in the Old, nor any company of Prelates or Priests in the New (since the Apostles) ever had.

The one DOUBT is,

Why we should sweare against consent, to alter the Go­vernment of the Church.18. Particular Doubt.

THE REASON.

BEcause so the Government seemeth to be prefer­red before the Doctrine: for, for the Doctrine we must sweare onely, that wee will not bring in, or bee the Inventers or Leaders in the promoting of Popish Doctrine; but for the Government, wee must sweare, that we will not consent, though but as followers, for what others bring in: Now, as it is a lesse offence to be a Follower, then a Captaine in whatsoever is evill; so it seemeth to shew a greater care of preservation of the Government of the Church by Archbishops, &c. then of the Doctrine of Religion; by requiring as strict an Oath, not to bee second in the change of the one, as not to be first in corrupting the other.

The other DOUBT is,

Whether, if we should thus sweare,19. Particular Doubt. we should not be en­tangled with contradiction to our Governours, and to our selves.

THE REASON.

BEcause, first, for our Governours, we are bound in duty to yeeld our consents to their lawfull Con­stitutions, though with some alteration of Govern­ment, which we can have no heart to doe, if we have sworne to the contrary.

Hereto some except and say, If they alter, we may alter with them; but this we conceive to be too much ficklenesse and levity, and liker to the Gipsie play of fast and loose, then to the grave and solid Assevera­tion, which belongeth to an Oath; which is neither lightly to be taken, nor to bee slighted, when it is ta­ken: for, so it would give none assurance to those that tender it, who meant (as wee see in the Preface of the Oath) to give security by Oath for constancy to the Doctrine and Discipline established against Innovati­on: but there would be little assurance of that, if their meaning were this, That they that sweare should not change, till their superiours had changed before them.

Besides, the chiefest of them hold the Discipline and Government by Bishops immutable; and there­fore some of them have said, they would rather dye, then yeeld to an alteration of Episcopall Govern­ment: but wee beleeve it would bee more easie for a Logician to convince them, that Episcopacy is not of [Page 86]Divine Right (but of an alterable nature) then for a Rhetorician to perswade them to change life for death, this world for the next, rather then to consent to an alteration of that Government.

There be that tell us (and wee must not take their saying for aClement 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,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 before­hand, wee must not makeLet 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 whichIn 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, asBish. 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 [Page 88]Bishops, to have respect to the suffrage of the Cler­gie of the vacant Diocesse, as theSacrorum 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 theCypr. [...]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.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: whichPresbyteri & Seniores pariter ad concilium admissi erant tempo­re primaevo. Baron. Annal. ad an. 58. nu. 10, 11. tom. 1. col. 572. Ba­ronius acknowledgeth, andBish. 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 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 heNihil 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 that it was his resolution from the first time of his being Bi­shop, [Page 89]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,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, asDoct. 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 aIbid. cap. 49. pag. 647. Councell of La­teran, 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 an­cientConcil. 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 [Page 90]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,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,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: 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 theQui 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 subordinate to them as well as to the Bishops)^x That a Deacon might not sit [Page 91]among those that were Presbyters, as was decreed in the first Councell of Nice: And so it was observed at Rome (asIn 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,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 (asNos 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 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 aM^r. E. B. of the M. T. judicious Lawyer, that there is as much difference betwixt the See of Rome, and the Church of Rome, as betwixt treason and trespasse: and he proveth his position by the 23. of Elis. cap. 1. where it is said, That to be reconciled to the See of Rome is treason; but to be reconciled to the Church of Rome is not treason: For then (saith he) every Papist of the Church of Rome should be a Traitour (being a member of that Church, and therefore reconciled to it.) Now the See of Rome (saith he) is nothing else but the Papacy, or Supremacy of the Pope, whereby, by vertue of the Canon [unam San­ctam] made by Pope Boniface the eighth, he challengeth a superiority of Jurisdiction and coercion over all Kings and Princes upon earth; and those persons which take Juramentum fidei contained in the Councell of Trent, (which acknowledgeth this Supremacy) are said to be re­conciled to the See of Rome.

But the Church of Rome is nothing else but a number of men within the Popes Dominions, or elsewhere, pro­fessing the Religion of Popery. So the meaning of the Oath in this clause of it, as hee conceiveth, may bee this, You must not subject the Church of England to the See of Rome; but you may subject it to the Church of Rome.

That there might be some such subtle meaning in the choice of that phrase, I have some reason (saith he) to imagine, since I find in their late Bookes, that they say the Church of Rome is a true Church, and salvation to be had in it.

Because this Doubt hath Law for its ground (the knowledge whereof properly belongeth to another profession) we would not take upon us to deliver it in our own names, but in the name of that learned Law­yer, to whom we are beholding for the distinction of those termes; and if they should not bee rightly ap­plyed to the words of the Canon, or to the meaning of those that made it (wherein hee ingageth himselfe no further, then probable conjecture; and so farre reacheth the reason hee alledgeth for it) yet that may be unto us a further occasion of doubt; and the more we doubt, the lesse warrant we have for the taking of the Oath.

The 21. DOUBT.

How wee can sweare to a plaine and common sense and understanding of the Oath.21. Particular Doubt.

THE REASON.

BEcause we doe not find the words plain, but very ambiguous, as is already evident by the prece­dent Doubts: nor do we know, what sense or under­standing of them we can call common; since the Oath is new, and is in many particulars so variously expoun­ded, that yet it is not apparent to us, what constructi­on beareth away the plurality of voices. The Oath then must be well expounded before it can bee taken, else equivocation will hardly be avoided.

The 23. DOUBT.

How the Doubts of the Oath may be resolved and cleared.23. Particular Doubt.

THE REASON.

BEcause in this case it will not satisfie to say, as the Casuists on both sides (wee meane Protestant and Popish) resolve, That the words of an Oath must be ta­ken (as this Oath conformable to the Oath ofIn Mast. Dalton his Country Just. pag. 16. edit. 3. Allegiance hath it)Eo sensu accipienda sunt verba Juramenti, quo audientes acceptu­ros judicamus, & quem habent in communi omnium usu, quia ver­borum significatio pendet ex ho­minum usu. Amesius de consc. lib. 4. c. 22 pag. 153. Azor. instit. vol. 1. l. 11. c. 8. col. 742 accor­ding to the plain and common sense, and understanding; for what that is, is not yet discovered: And wee beleeve the Divines of Aberdene said well,The Minist. and Professours of Aberdene in their generall De­mands. pag. 14. That the words of an Oath should be cleare and plaine; and if they be any way am­biguous, the true sense of them should bee so declared and manifested, that all may know it.

As to satisfie the Doubt, which many made con­cerning [Page 97]the signe of the Crosse in Baptisme: Or (asBish. Morton in his book of Cerem. Bishop Morton more warily writeth) the Crosse after Baptisme was a particularCan. 30. Canon set forth for de­claration thereof, and for removall of all such scruples as might any way trouble the consciences of them, who are indeed rightly religious.

In dubiis benigniora sunt praefèren­da regul. Ju­ris 55. addit libro cui tit. est Reform. leg. Ec­cles. printed an. 1571.Some thinke it sufficient, according to the dictate of charity, to take the words of the Oath in the most favourable sense, which is expounded by some, as ha­ving reference to those who impose it, of whose in­tention we are bound to make the fairest, and most fa­vourable construction.

Some take the favour to themselves, and make such a sense of them, as may most conduce to their owne Interests, whether for advantage, or for avoi­dance of damage or danger: and so cometh in the Collusion of the Jesuits by equivocation, or mentall reservation, to save themselves from being discovered in their dangerous designes.

This is somewhat like that, which some say of Manna, that it was that to every mans taste, wherewith it was most delighted. So that shall be the meaning of the Oath, which best pleaseth any that is to take it.

Azorius, a famous Casuist of the Ignatian order, determineth,In foro Ju­diciali semper est jurandum secundùm communem sensum quem reddunt verba ipsa, & com­munem homi­num usum. A­zor. Instit. vol. 1. l. 11. c. 8. col. 742. That in a Judiciall Court an Oath must be taken according to the common sense of the words: ^m but in the Court of conscience all men hold (saith hee) that it must bee understood according to the mind of him that sweareth: as if Justice and Conscience held con­trary Tribunalls in the soule, as Justice and Equity in [Page 98]the state; and the same Oath might be right in the one, and wrong in the other.

An absurdity like that, which our dread Soveraign derideth in his large Declaration, viz. The Kings large Decla­ration 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,Ibid. p. 177. That an Oath must be either taken, or refused, according to the knowne intention of him that doth minister it, Ibid. p. 347. especially, if it be a new Oath.

To the same sense, though in different words, say theThe 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: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 [Page 99]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, asBish. 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,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, [Page 100]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,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 [Page 101]Text they interpret. So didHist. of the Councell of Trent. lib. 2. pag. 216. Vega and Soto, 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 theIbid. 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)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. 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 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 [Page 104]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, whoThe 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 beeneEpiscopi & 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 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)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 [Page 105]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 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.

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 [Page 107]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.Conciliab. apud Northampton in Anglia celebrat, quo Thomas Archiepiscopus Cant [...]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, [Page 109]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 hand­writing 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,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, [Page 110]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.

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 (asBaron. 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;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,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 (asM^r. 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 fromCalv. 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, theyM^r. 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 [Page 114]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 aThe 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,Bish. Hall in his second un­doubted pro­posit. added to his Irrefrag. pag. 6. That no man living, no record of History, can shew any Lay­presbyter, 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 beeThe Archb. Speech fore­cited. pag. 6. of divine right, and to have continued in the Church, 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 [Page 115]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: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) [Page 116]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,Nullus Prae­latus debet ali­quem excom­municare, nisi priùs sciat ex­communica­tum à Deo Ar­tic. 11. Wickl. Imputat. in Con­cil. Constam. fol. 437. Concil. Ca­ranz. None should be excommunicated by any Prelate, unlesse he know him (or rather thus, unlesse hee conceive him) excommunicated by God: And if so, while God is pleased (as we hope he is) to accept our endeavours to glorifie his Name, and edifie his Flocke, wee trust it will not be held any part of godlinesse with the Pasto­rall staffe, to drive any faithfull Pastour from the fold of Christ.

2. On Charity.

Secondly, wee ground our Hopes upon your Lord­ships Charity, whereof the fundamentall Rule in the Affirmative part is,Mat. 7.12. To doe unto all men as wee would they should doe unto us: and in the Negative, not to offer that to others, which in the like case our selves would not suffer. And we doubt not, but your Lordship would bee loth that your feare of offence against God, and your conscience, should be so severely punished, as by the Canon is threatned to such as are affraid to take [Page 117]this Oath: and if you looke but upon us without re­flecting upon your Lordships, wee trust that for this, after our long and studious endeavours in the University, wherein some of us have spent our Patrimonies (which might have maintained us in another course, without Ec­clesiasticall meanes) after our constant and painfull im­ployment in our Pastoral charges (even to the tyring out of our strength) after our families are increased beyond our abilities to support them, without the meanes wee receive from the Church (and for many of us, wee may say but poorely with it) you will not by the discharge of this Ca­non upon us, put us upon the poore refuge of the Canon of the Clericus vi­ctum & vesti­mentum sibi artificiolo vel agriculturâ praeparet. Con­cil. Carthag. 4. Can. 51, 52, 53. Councell of Carthage (made for inferiour and single Clerkes) to labour in husbandry, or manufactures (which your Ministers shall not give themselves to any servile la­bour. Can. 75. Canons precisely prohibit) for our maintenance; sweare we dare not, digge we cannot: we were no Fisher­men, nor Tent-makers, or other Artificers, before we en­tred upon this holy calling, and to begge we are ashamed: and we may be also affraid, since by the Law, The Com­plete Justice. p. 212. nu. 16. edit. 1638. begging Scholars are no better then Rogues, and so to be severely punished, rather then charitably relieved; what then shall we doe?

It is a good Rule given to Visiters by Gavant (saith aBish Hall in his second book of mode­ration. sect. 9. p. 65. reverend Writer of your owne ranke) that they should be sparing in making Decrees: and no lesse profitable to spirituall Governours, which Erasmus re­lates (out of Gershon) that they should not rashly throw about the Thunderbolts of their censures, lest they should not take time sufficient to distinguish betwixt such as are more capable of pity, then of severity; and those who are more worthy of the rod, then of the spirit of meeknesse, to spare the one, though they punish the other: And wee [Page 118]looke for no lesse moderation and mercy from your Lordship, since aThe Goun­cell of Chal­lons. Can. 41. Councell adviseth you thus: It be­cometh them, who are in eminent roomes, to deale merci­fully with their inferiours, knowing that they are bre­thren.

And while we accompt you (in regard of the gra­vity, and eminency of your parts and places) Fathers, wee cannot but hope that you will deale with us as with your sonnes, with aAs for rule, if we affect any but father­ly and mode­rate, and such as must neces­sarily be requi­red, we doe not deprecate to censure. Bish Hall of Episcopacy. part. 2. p. 58. fatherly moderation, and not thinke us worthy to bee dis-inherited, or cast off, while wee desire and endeavour faithfully to hold on in our course of the service of God, and his Church: And we doubt not, but you will remember the godly and gracious words of your owne Ordination,In the book of Ordination. pag. penult. That you have your Authority not to destroy, but to save; not to hurt, but to help: Ibid. And that you are to be to your Flocks shepheards, and not wolves; to be so mercifull, as not to be remisse: so to administer Discipline, as not to forget mer­cy: and to bee so farre from oppressing of us, that if wee were oppressed by others, you should bee ready to succour us. This is one end of Episcopall Visitations, for which there is a Decree in a Councell of Arles to this effect:

The Coun­cell of Arles, an. 813 Can. 17 p. 564. Patrick Sym­pson of the Church. Let every Bishep visit his bounds once every ye are, and if he finde the poore to be oppressed by the violence of the mighty, then let him with wholesome admonition ex­hort them to desist from such oppression: and in case they will not desist from their violence, then let the Bishop bring the cause to the eares of the Prince.

Nor doe wee conceive our different perswasion concerning this Oath, doth represent us unto you, as unworthy of your fatherly Compassion, since he that of late hath shewed himselfe a most zealous Patron [Page 119]of Episcopall preheminence, expresseth a pitifull affe­ction towards the Divines of the Reformed Churches (notwithstanding many greater differences then this of the Oath) in this sort,Bish. Hall in his Apolog. for Episcopacy. part. 1. sect. 17. pag. 108. We heartily pity (saith he) the in­competent provision of our forraine brethren, whose parts are as eminent as their maintenance is poore.

He whose charity reacheth so far off, in commisera­ting the poverty of forrain Divines, would not surely (and wee trust, many of the reverend Prelates are as pitifull as he) be a meanes to make such miserable ob­jects here at home, by depriving of so many conscio­nable Ministers, as make scruple of the Oath, of the due provision whereof they are lawfully possessed: especially, if hee remember the Ca­non of the Matiscon Councell, which saith,Episcopalis domus ad hoc in­stituta est, ut, sine personarum ac­ceptione, omnes in hospitalitate re­cipiat. Concil. Matisc. 2. Can. 13. That a Bishops house is purposely appointed to afford hospitality to all that need, without respect of persons.

And that other Canon of Charity, which goeth under the name of the Apostles, in these words:Si quis Episcopus aut Presbyter Clerico ex inopia laboranti neces­saria non suppeditaverit, à com­munione rejicitor; si perseverave­rit, deponitor, ut qui fratem suum necaverit. Can. Apost. 58. If any Bishop or Presby­ter doe not minister to the necessities of a Clerke that is in want, let him be debar­red from the communion: and if hee per­severe in his want of pity, let him be deposed as guilty of his brothers death, in withholding from him brotherly reliefe. Which not onely by the generall duty of Christianity, but by especiall promise, the Bishops of England are bound in conscience to consider and be­ware of,The book of Ordinat. p. antepen. & penult. since at their consecration the Archbishop asketh them, Will you shew your selfe gentle, and be mer­cifull for Christs sake to poore and needy people, and to all [Page 120]strangers destitute of help? and their answer is, I will so shew my selfe by Gods help. Wherein their bare word for beneficence to strangers is vertually a double bond of security to their owne, against such excessive severity, as by that Apostolicall Canon is condem­ned.

3. On Equity.

Thirdly, wee are confident in the Equitable Justice of our reverend Governours, that the Commination in the words of the Canon is more severe, then the execution of it will be: for, if wee doe offend in for­bearing of the Oath, distinction must bee made by the Decree of a generallNon in eum est animadverten­dum, ac si voluntariè hoc fecisset, & de industria: meliùs semper & cle­mentiùs judicandus est ex ipso hoc quod ex necessitate factum perpe­traverit. Concil. Anbamen. Gener. apud D^r. Spelmande Concil. an. 1009. tom. 1. p. 516. Councell, betwixt those that of set purpose offend, and those that offend by a kind of necessity: as, where our consci­ences put in exceptions as barres, at least as demurres to obedience: and if we deserve any censure in such a case, it is not deprivation, which our Ecclesiasticall Lawes callSententia deprivationis, quoniam cru­enta est, & to­tum hominem conficit tam horribile te­lum &c. Re­form. leg Eccles. tit. de deprivat. cap. 4. fol. 79. b. cruell, and an horrible weapon, which destroyethor undoeth the whole man: for, that is reserved Depriva­tio flagitiis atrocibus convenit. Ibid. cap. 1. fol. 79. a. Deprivatio maximis & teterrimis vitiis est reservanda. So in the Chapt. it selfe. for hainous crimes of greatest and foul­est guilt: which in particular are noted by Duarenus the^o Civilian to be these, Simonaicall ambition, Incon­tinency, keeping of a Concubine so pertinaciously, that the offender being duely admonished, will not forsake her; Perjury, Murther, Treason, or some other grievous of­fence [Page 121](as herefie) which is followed by infamy: where, by Quod autem de infamia di­ximus, de ea accipiendum est, quae jure ac legibus irroga­tur, non de ea quae ex homi­num opinione proficiscitur. Ibid. p. 103. Infamy, hee meaneth not that, which ariseth from the mis-cenceipt of men, but that which proceedeth from the sentence of the Law: None of all which can (with any colour of truth) bee imputed to our doubting, or finall deniall of the Oath, while the dictate of our consci­ences induceth us to doe so; and, if we should confi­dently affirme (which some of us beleeve) that a Pres­byter is equall with a Bishop by Gods Law, we could not for that incurre the condemnation of Heretickes: for, though Augustine and Epiphanius accounted Aerius an Hereticke for that, yet (asD^r. Whitaker his answer to Campian his tenth Reason. p. 317. D^r. Whitaker saith) few of the ancient Fathers (besides them) did so: and therein (saith he) was Hierome altogether of his mind.

Besides, wee presume your goodnesse will take no­tice, that in Equity and Justice they should not suffer most, who offend least against a penall law; and they least, or rather nothing at all, who are most refractory to it: which would come to passe, if the penalty should proceed, as in the Canon is expressed; for, all Papists, who are adverse to our Doctrine in generall (except some few egregious Ecclesiasticall hypocrites) may passe unpunished, notwithstanding this Canon: while Protestant Ministers may bee undone, for refusing to sweare to some particulars of Discipline.

But that wee shall not feare, if you please to looke upon the most reverend and religious Bishops of the Pri­mitive times, who (as your owne Apologist hath testi­fied of them)Bish. Hall in his book of Episcopacy. part. 1. sect. 18. pag. 112. were made all of meeknesse, humility, and patience: if you be like unto them (and while you take them for your Ancestors, you should not bee unlike [Page 122]them) you will never make us feele the rigour of this ruinating Canon.

4. On Policy.

Fourthly, in religious Policie you may (with as much advantage to your selves as to us) forbeare the urging of this Oath; for, give us leave, wee beseech you, to tell you the truth (though such, as hope to help for­ward some ambitious designe by your favour, say otherwise) the Bishops (if they have not added to the number of the enemies they had before) have yet lost more friends by proposall of this Oath, and Penalty, then by any Act that is knowne to be theirs: and with­all, have thereby raised a suspition, that themselves do doubt their dignity is not set upon a sure foundation. It is cause of jealousie to many, when such as are reputed politicke, are too cautelous in their own cause; and for that wasNovatianus juramentum exegit à suis, priusquam Sacramentum da­ret: sic suis utrisque manibus ma­nus accipientis prehendens, non priùs dimisit, quàm hoc jurejuran­do obstrinxisset: Jura mihi per cor­pus & sanguinem Domini te nun­quam me deserturum, nec ad Cor­nelium reversurum. Baron. Annal. tom. 2. an. 254. nu. 75. col. 504. Novatianus, the father of the Puritans (though a Bi­shop) the worse thought of (for good Bishops used to exact no such unreaso­nable security for themselves) because hee caused his Adherents to put their hands betwixt his, and to sweare by the body and bloud of the Lord, they would not forsake him, and turne to Cornelius: And this hee did, before hee would give them the Sacrament; but besides that, such a forced confederacy is butThe Patri­arch of Anti­och, to make sure worke, bound Prince Reimund by an Oath to be true to him; but friends unjustly gotten, are seldome comfor­tably retained: and of his sworn friend, he proved his sworn enemy. M^r. Fullers holy War. l. 2. c. 20. p. 69. fraile: By this his E­piscopacy was the more suspected, to be both unlaw­full [Page 123]and schismaticall. It hath fallen out so (whether justly, or unjustly we will not say) in many mens con­ceipts of the Right and Authority of Bishops, both since, and by occasion of this swearing Canon. And they cannot more readily redeeme their reputation, then by a speedy procuring of a repeale or revocation thereof (as we doubt not but they may) by publicke Authority.

Wherein, if they appeare and prevaile, they need not feare any disparagement to their prudence, by withdrawing that they have decreed, since the wisest Statesmen, and greatest Governours have used many times, to comply so farre with popular dispositions, as to vary their own Acts with relation to their liking, as the Pilot doth his sailes, to comply with the winds.

And you cannot have a more Authentick example, both to induce you to this, and to defend you in it (from all imputations) then that of our sacred Sove­raigne; who, rather then he would give any colour of complaint for aggrievances to his people, was pleasedKing Charles his large De­claration of the Tumults in Scotland.p. 370. & p. 389 to dispense with the five Articles of Perths Assembly, and to discharge all persons from urging the practise thereof upon any, either Laick, or Ecclesiasticall person whatsoever: and to free all his subjects from all censures and paines, whether Ecclesiasticall, or Secular, for not urging, practising, or obeying any of them: though they were established, both by a generall Assembly, and by Act of Parliament, as this Canon was not.

And for his owne Acts (for these Articles of Perth were propounded and ratified in the reign of his Roy­all Father) he imposed the Service book, the book of Ca­nons, and high Commission, upon his subjects in Scotland; [Page 124]and upon their The Duplies of the Divines of Aberdene. pag. 54. humble supplication, was content graci­ously to grant a discharge from them, passing his Princely promise, Ibid. p. 130, 131. that hee would neither then, nor afterwards presse the practice of them, nor any thing of that nature; but in such a faire and legall way, as should satisfie all his Majesties loving Subjects.

Wherein, wise men (who judge of Consultations and Acts by their probable effects, and not by unexpe­cted events) cannot but highly commend his Majesties mildnesse and clemency; which, we doubt not, would condescend to your requests, for a removall of this great aggrievance, if you would be pleased to interpose your mediations to so acceptable a purpose: and upon our humble suit (which in all submissive manner wee tender) to your Lordship (and, by you, to the rest of your reverend order) we hope you will doe so, since we have it upon his word (his Royall Majesties word) which neither in duty, nor discretion we may distrust,The Kings large Declarat. p. 420. That the Prelates were their greatest friends (i. of his Scottish Subjects) their counsells were alwaies counsells of peace, and their solicitations vehement and earnest, for granting those unexpected favours, which we were pleased to bestow upon our people.

Bestow (we beseech your Lordship) some of these vehement and serious solicitations on our behalfe in this cause, and you shall not more free us from the feare of this Canon, then bind us in love, the best love (which casteth out feare) to remaine