Defensive doubts, hopes, and reasons, for refusall of the oath, imposed by the sixth canon of the late synod with important considerations, both for the penning and publishing of them at this time / by John Ley ... ; hereunto is added by the same author, a letter against the erection of an altar, written above five yeares agoe, and a case of conscience, touching the receiving of the sacrament, resolved.

1. On Piety.

For the first: As your Lordship and the rest of the reverend Prelates are men of God, you stand especi∣ally 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 (ash 1.1 Baronius sheweth) that they might not be put to sweare, in respect of the perill of an Oath: and hee prevailed so farre as to free them from that perill. And the Councell of Challons was as respective of Presbyters, decreeing thus;i 1.2 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 Bi∣shops, who ordained them; and to the Church, into which they are ordained: which Oath, in regard it is perillous, we all inhibit, and discharge.

And the Triburiensian Councell, having a respect both to their credits and consciences, made a cautelous Constitution,k 1.3 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 Disci∣ples 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 with∣out all this adoe?

Answ. They did indeed sweare to banish the one, and to establish the other (asl 1.4 Master Hooker ob∣serveth) 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 contradi∣ctory 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 fromm 1.5 Calvins Institutions (though other∣wise 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 Scri∣pture: For,

First, theyn 1.6 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 repu∣ted Popish, as with us it is.

Secondly, to live in obedience to such orders (con∣cerning the exercise of their Religion, and the forme of Ecclesiasticall Government) as the true and faith∣full

Ministers of Gods Word, had, agreeably to Scri∣pture, 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 other∣wise 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 confir∣mation 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 ao 1.7 new-fangled Discipline, of Calvins devising: and it is further delivered, as an undoubted truth,p 1.8 That no man living, no record of History, can shew any Lay∣presbyter, that ever was in the whole Christian Church, untill this present age. But the Government by Bi∣shops is held (by those who propound this Oath) to beeq 1.9 of divine right, and to have continued in the Church,r 1.10 ever since the time of Christ, and his Apostles, untill this present age.

If so, they of Geneva had need of an Oath, to give strength to their new invented Government; and

we (without an Oath) might be confident of the con∣tinuance 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 re∣porteth, in these words:s 1.11 There was a fame spread, the Pope would have no Councell, for feare his Authority should be restrained: areason which maketh no impres∣sion 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 Pre∣lates 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 de∣prived)

it is not like, that generally there would bee found a supply to countervaile the losse of their reli∣gious 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 he∣reticall in the Popish Councell of Constance) may (as we conceive, with a little correction) bee made a very Orthodox position, and pertinent to this purpose: Thus,t 1.12 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 Pasto∣rall staffe, to drive any faithfull Pastour from the fold of Christ.

Notes

• h 1.1

  Baron. Annal. tom. 6. an. 449. nu. 12. col. 83.
• i 1.2

  The Coun∣cell of Chal∣lons. Can. 18. p. 560. Symps. of the Church.
• k 1.3

  Presbyter in judicio ad juran∣dum cogi non debet, sed vice Sa∣cramenti per sanctam consecratio∣nem interrogetur. Concil. Triburi∣ens. Can. 21. an. 895. p. 782. Caranz. edit. 1633.
• l 1.4

  M^r. Hooker in the Preface of his Eccles. Polit.
• m 1.5

  Calv. Instit. lib. 2. ch. 8.
• n 1.6

  M^r. Hookers Prefat before his Eccles. Pol. fol. 5. p. 1.
• o 1.7

  The Lord Archb. of Can∣terbury in his Speech in the Starre-chamb.
• p 1.8

  Bish. Hall in his second un∣doubted pro∣posit. added to his Irrefrag. pag. 6.
• q 1.9

  The Archb. Speech fore∣cited. pag. 6.
• r 1.10

  Bish. Halls book, his first undoubted proposit.
• s 1.11

  Pope Clem. Hist. Trent. l. 1. p. 51.
• t 1.12

  Nullus Prae∣latus debet ali∣quem excom∣municare, nisi priùs sciat ex∣communica∣tum à Deo Ar∣tic. 11. Wickl. Imputat. in Con∣cil. Constam. fol. 437. Concil. Ca∣ranz.